08 LC
35 0823/AP
House
Bill 1201 (AS PASSED HOUSE AND SENATE)
By:
Representatives Day of the
163rd,
Neal of the
1st,
and Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating
to emergency management, so as to require permission for use of the Georgia
Emergency Management Agency´s nomenclature and symbols; to provide a short
title; to provide for liabilities and penalties; to provide that a willful
violation shall be a misdemeanor; to provide for definitions; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency
management, is amended by inserting a new article to read as
follows:
"ARTICLE
9
38-3-140.
This
article shall be known and may be cited as the 'Georgia Emergency Management
Agency Nomenclature Act of 2008.'
38-3-141.
As
used in this article, the term:
(1)
'Badge' means any official badge, identification card, or security pass used by
members of the Georgia Emergency Management Agency, either in the past or
currently.
(2)
'Director' means the director of the Georgia Emergency Management Agency.
(3)
'Emblem' means any official patch or other emblem worn currently or formerly or
used by the Georgia Emergency Management Agency to identify the agency, a
division of the agency, or employees of the agency.
(4)
'Person' means any person, corporation, organization, or political subdivision
of the State of Georgia.
(5)
'Seal' means any official symbol, mark, or abbreviation which represents and is
used, currently or in the past, by the Georgia Emergency Management Agency or
any other division or operation under the command of the Georgia Emergency
Management Agency to identify the agency, a division of the agency, or employees
of the agency.
(6)
'Willful violator' means any person who knowingly violates the provisions of
this article. Any person who violates this article after being advised in
writing by the director that such person´s activity is in violation of this
article shall be considered a willful violator and shall be considered in
willful violation of this article. Any person whose agent or representative is
a willful violator and who has knowledge of the violation by the agent or
representative shall also be considered a willful violator and in willful
violation of this article unless, upon learning of the violation, he or she
immediately terminates the agency or other relationship with such
violator.
38-3-142.
Whoever,
except with the written permission of the director, knowingly uses the words
'Georgia Emergency Management Agency,' 'Emergency Management Agency,' or 'GEMA'
in referring to Georgia´s Emergency Management Agency in connection with
any advertisement, circular, book, pamphlet, or other publication, play, motion
picture, broadcast, telecast, or other production in a manner reasonably
calculated to convey the impression that such advertisement, circular, book,
pamphlet, or other publication, play, motion picture, broadcast, telecast, or
other production is approved, endorsed, or authorized by or associated with the
Georgia Emergency Management Agency shall be in violation of this
article.
35-3-143.
Any
person who uses or displays any symbol, including any emblem, seal, or badge,
current or historical, used by the Georgia Emergency Management Agency without
written permission from the director shall be in violation of this
article.
38-3-144.
Any
person seeking permission to use or display the nomenclature or symbols of the
Georgia Emergency Management Agency may request such permission in writing to
the director. The director shall serve notice on the requesting party within 15
calendar days after receipt of the request of his or her decision on whether the
person may use the nomenclature or the symbol. If the director does not respond
within the 15 day time period, then the request is presumed to have been denied.
The grant of permission under this article shall be at the discretion of the
director and under such conditions as the director may impose.
38-3-145.
Whenever
there shall be an actual or threatened violation of this article, the director
shall have the right to apply to the Superior Court of Fulton County or to the
superior court of the county of residence of the violator for an injunction to
restrain the violation.
38-3-146.
In
addition to any other relief or sanction for a violation of this article, the
director shall be entitled to collect a civil penalty in the amount of $1,000.00
for each violation from a willful violator. Further, the director shall be
entitled to recover reasonable attorney´s fees for bringing any action
against a willful violator.
38-3-147.
Any
person who has given money or any other item of value to another person due in
part to such person´s use of agency nomenclature or symbols in violation of
this article may maintain a suit for damages against the violator. Where it is
proven that the violation was willful, the victim shall be entitled to recover
treble damages, punitive damages, and reasonable attorney´s
fees.
38-3-148.
Any
willful violator shall be guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine of not more than $5,000.00 or to imprisonment for not
more than 12 months, or both. Each violation shall constitute a separate
offense."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.