07 LC
35 0321
House
Bill 76
By:
Representatives Day of the
163rd,
Horne of the
71st,
and Neal of the
1st
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
Office of Homeland Security´s and the Georgia Emergency Management
Agency´s nomenclature and symbols, 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 immediately following Article
7 to read as follows:
"ARTICLE
8
38-3-130.
This
article shall be known and may be cited as the 'Georgia Office of Homeland
Security and Georgia Emergency Management Agency Nomenclature Act of
2007.'
38-3-131.
As
used in this article, the term:
(1)
'Badge' means any official badge, identification card, or security pass used by
members of the Georgia Office of Homeland Security or Georgia Emergency
Management Agency, either in the past or currently.
(2)
'Director of the affected agency' means the director of the Georgia Office of
Homeland Security or the director of the Georgia Emergency Management Agency
where the agency currently uses or formerly used the symbol, emblem, badge,
seal, or other nomenclature utilized or displayed in violation of this article.
(3)
'Emblem' means any official patch or other emblem worn currently or formerly or
used by the Georgia Office of Homeland Security or 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 Office of Homeland Security, the
Georgia Emergency Management Agency, or the Georgia Information Sharing and
Analysis Center, or any other division or operation under the command of the
Georgia Office of Homeland Security or 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 of the affected agency 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.
38-3-132.
Whoever,
except with the written permission of the director of the Georgia Office of
Homeland Security, knowingly uses the words 'Georgia Office of Homeland
Security,' 'Office of Homeland Security,' 'OHS,' 'Georgia Information Sharing
and Analysis Center,' or 'GISAC' in referring to Georgia´s Office of
Homeland Security or Georgia´s Information Sharing and Analysis Center 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 Office of Homeland Security or Georgia Information
Sharing and Analysis Center shall be in violation of this article.
38-3-133.
Whoever,
except with the written permission of the director of the Georgia Emergency
Management Agency, 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.
35-3-134.
Any
person who uses or displays any symbol, including any emblem, seal, or badge,
current or historical, used by the Georgia Office of Homeland Security or the
Georgia Emergency Management Agency without written permission from the director
of the affected agency shall be in violation of this article.
38-3-135.
Any
person seeking permission to use or display the nomenclature or symbols of the
Georgia Office of Homeland Security or the Georgia Emergency Management Agency
may request such permission in writing to the director of the affected agency.
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 commissioner 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 of the affected agency and under such conditions as the director may
impose.
38-3-136.
Whenever
there shall be an actual or threatened violation of this article, the director
of the affected agency 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.
38-3-137.
In
addition to any other relief or sanction for a violation of this article, the
director of the affected agency 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 of the affected agency shall be entitled to recover reasonable
attorney´s fees for bringing any action against a willful
violator.
38-3-138.
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.
38-3-139.
Any
willful violator shall be guilty of a felony and upon conviction thereof shall
be subject to a fine of not less than $1,000.00 nor more than $10,000.00 or to
imprisonment for not less than one and not more than five years, 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.