06 LC 18
5050ER
House
Bill 1131
By:
Representatives Heard of the
104th,
England of the
108th,
Freeman of the
140th,
Keown of the
173rd,
and Maddox of the
172nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions relative to counties, municipal corporations, and other
governmental entities, Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, relating to regulation of specialized land transactions, and Article
3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating
to covenants and warranties, so as to state the public policy of this state is
to permit citizens to participate in government and engage in the expression of
political speech, including patriotic expression, and is a consequence of the
statés
sovereign right to promote the general welfare of the public by protecting
political speech; to prohibit certain rules, regulations, policies, or
ordinances of the State of Georgia, any county or municipal corporation of this
state, or any official, department, agency, board, bureau, commission, or
authority thereof or any covenant, condominium instrument or declaration,
condominium association document, rule, or regulation, any property
ownerś
association instrument or declaration, or any property
ownerś
association document, rule, or regulation which limits, prohibits, impairs, or
restricts certain rights to display flags, including the flags of the United
States of America and the State of Georgia, to place or display certain
political signs, and to distribute political literature; to provide for
retroactive application; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
80 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions relative to counties, municipal corporations, and other governmental
entities, is amended by adding at the end thereof a new Code Section 36-80-21 to
read as follows:
"36-80-21.
(a)
It is the public policy of this state to permit citizens to participate in
government and engage in the expression of political speech, including patriotic
expression. The state has the sovereign right and solemn duty to promote the
general welfare of the public by protecting political speech.
(b)
Except as required for the public health or safety and notwithstanding any
provision to the contrary, no rule, regulation, policy, or ordinance of the
State of Georgia or any county or municipal corporation of this state or any
official, department, agency, board, bureau, commission, or authority thereof
shall limit, prohibit, impair, or restrict nor require a permit or fee
for:
(1)
The display by the owner, or with the consent of the owner, by his or her lessee
of flags, including the flag of the United States of America or the flag of the
State of Georgia, on such
owneŕs
or
lesseés
property. For purposes of this paragraph, the term 'flag' means a flag which is
made of fabric, cloth, or paper, which does not exceed 135 square feet in area,
which is displayed from a staff or pole or in a window, and which is displayed
and placed so that it does not pose a hazard to public health or
safety;
(2)
The placement or display of any political sign which does not exceed four feet
in height and eight feet in length on the
owneŕs
property, provided that the placement of the sign does not obstruct views,
distract motorists, or displace alternate uses for the land upon which it is
placed; or
(3)
The distribution of political literature door-to-door, on public streets, or
business-to-business.
(c)
This Code section applies retroactively to all rules, regulations, policies, and
ordinances in effect on the effective date of this Code section as well as to
all rules, regulations, policies, and ordinances adopted on or after such
date."
SECTION
2.
Chapter
3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation
of specialized land transactions, is amended by adding to Article 3, relating to
condominiums, a new Code Section 44-3-75.1 to read as follows:
"44-3-75.1.
(a)
It is the public policy of this state to permit citizens to participate in
government and engage in the expression of political speech, including patriotic
expression. The state has the sovereign right and solemn duty to promote the
general welfare of the public by protecting political speech.
(b)
Except as required for the public health or safety and notwithstanding any
provision to the contrary, no covenant, condominium instrument or declaration,
or any condominium association document, rule, or regulation shall limit,
prohibit, impair, or restrict nor require a permit or fee for:
(1)
The display by the owner or, with the consent of the owner, by his or her lessee
of flags, including the flag of the United States of America or the flag of the
State of Georgia, on or in the
owneŕs
separate interest or within the
owneŕs
exclusive use common area. For purposes of this paragraph, the term 'flag' means
a flag which is made of fabric, cloth, or paper, which does not exceed 135
square feet in area, which is displayed from a staff or pole or in a window, and
which is displayed and placed so that it does not pose a hazard to public health
or safety;
(2)
The placement or display of any political sign which does not exceed four feet
in height and eight feet in length on or in the
owneŕs
separate interest or within the
owneŕs
exclusive use common area, provided that the placement of the sign does not
obstruct views, distract motorists, or displace alternate uses for the land upon
which it is placed; or
(3)
The distribution of political literature door-to-door, on public streets, or
business-to-business.
(c)
This Code section applies retroactively to all covenants, condominium
instruments or declarations, and any condominium association documents, rules,
and regulations in effect on the effective date of this Code section as well as
to all covenants, condominium instruments or declarations, and condominium
association documents, rules, and regulations adopted on or after such
date."
SECTION
3.
Chapter
3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation
of specialized land transactions, is amended by adding to Article 6, known as
the 'Georgia Property
Ownerś
Association Act,' a new Code Section 44-3-223.1 to read as follows:
"44-3-223.1.
(a)
It is the public policy of this state to permit citizens to participate in
government and engage in the expression of political speech, including patriotic
expression. The state has the sovereign right and solemn duty to promote the
general welfare of the public by protecting political speech.
(b)
Except as required for the public health or safety and notwithstanding any
provision to the contrary, no covenant, property
ownerś
association instrument or declaration, or any property
ownerś
association document, rule, or regulation shall limit, prohibit, impair, or
restrict nor require a permit or fee for:
(1)
The display by the lot owner or, with the consent of the owner, by his or her
lessee of flags, including the flag of the United States of America or the flag
of the State of Georgia, on such lot. For purposes of this paragraph, the term
'flag' means a flag which is made of fabric, cloth, or paper, which does not
exceed 135 square feet in area, which is displayed from a staff or pole or in a
window, and which is displayed and placed so that it does not pose a hazard to
public health or safety;
(2)
The placement or display of any political sign which does not exceed four feet
in height and eight feet in length on the
owneŕs
lot, provided that the placement of the sign does not obstruct views, distract
motorists, or displace alternate uses for the land upon which it is placed;
or
(3)
The distribution of political literature door-to-door, on public streets, or
business-to-business.
(c)
This Code section applies retroactively to all covenants, property
ownerś
association instruments or declarations, and any property
ownerś
association documents, rules, or regulations in effect on the effective date of
this Code section as well as to all covenants, property
ownerś
association instruments or declarations, and property
ownerś
association documents, rules, or regulations adopted on or after such
date."
SECTION
4.
Article
3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating
to covenants and warranties, is amended by adding a new Code Section 44-5-60.1
to read as follows:
"44-5-60.1.
(a)
It is the public policy of this state to permit citizens to participate in
government and engage in the expression of political speech, including patriotic
expression. The state has the sovereign right and solemn duty to promote the
general welfare of the public by protecting political speech.
(b)
Except as required for the public health or safety and notwithstanding any
provision to the contrary, no covenant shall limit, prohibit, impair, or
restrict nor require a permit or fee for:
(1)
The display by the owner of any real property or, with the consent of the owner,
by his or her lessee of flags, including the flag of the United States of
America or the flag of the State of Georgia, on such property. For purposes of
this paragraph, the term 'flag' means a flag which is made of fabric, cloth, or
paper, which does not exceed 135 square feet in area, which is displayed from a
staff or pole or in a window, and which is displayed and placed so that it does
not pose a hazard to public health or safety;
(2)
The placement or display of any political sign which does not exceed four feet
in height or eight feet in length on the
owneŕs
property, provided that the placement of the sign does not obstruct views,
distract motorists, or displace alternate uses for the land upon which it is
placed; or
(3)
The distribution of political literature door-to-door, on public streets, or
business-to-business.
(c)
This Code section applies retroactively to all covenants in effect on the
effective date of this Code section as well as to all covenants entered or
adopted on or after such
date."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.