TITLE 50
STATE GOVERNMENT
ARTICLE 1
GENERAL PROVISIONS
50-9-9. Disruptions of state employees; protection of property.
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In that it has been previously declared by state law that the use of the capitol building and grounds shall be limited to departments of state government and to state and national political organizations and for no other purposes unless specifically authorized by law and in that the employees of the departments of state government, and of state agencies, authorities, commissions, boards, bureaus, and other state entities located in the capitol building and other state buildings are engaged in the business of the citizens of the state and should not be unreasonably interrupted in the performance of their public duties, it is, therefore, in the best interest of the state and its citizens that a public policy against such unreasonable disruptions of state employees in the performance of their official duties be declared, and it is in this Code section so declared.
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Without the express written consent of the director of the Georgia Building Authority, his or her designee, or his or her successor in office first having been received and except as otherwise provided by state law, it shall be illegal for any person, firm, group, organization, or other entity to beg, panhandle, solicit, or to sell goods, wares, or any other objects or services within any buildings or on the grounds, sidewalks, or other ways owned by or under the control of the state, its agencies, authorities, commissions, boards, bureaus, or other state entities.
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Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.
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The authority or its legal successor shall establish the rules and regulations for and carry out the implementation of this Code section.
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Notwithstanding anything contained in this Code section or elsewhere, subsections (a) and (b) of this Code section shall not be applicable to persons, firms, organizations, corporations, or other entities doing business with the Department of Administrative Services or the activities in relation thereto; and this Code section shall be permissive in nature.
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Certified law enforcement officers employed by the Department of Public Safety and security personnel employed by or under contract with that department shall exercise such powers and duties as are authorized by law to keep watch over and protect the property of the authority in that area designated as Capitol Square by Code Section 50-2-28. Certified law enforcement officers employed by such department shall have jurisdiction to enforce all laws within such area.
(Ga. L. 1969, p. 233, § 1; Ga. L. 1975, p. 885, § 1; Ga. L. 1982, p. 3, § 50; Ga. L. 1985, p. 554, § 1; Ga. L. 2010, p. 137, § 3/HB 1074.)
Cross references.
- Declaration that use of capitol building and grounds shall be limited to departments of state government and to state and national political organizations,
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50-16-4.
Further provisions regarding duties of security guards of authority and of Georgia State Patrol and Georgia Bureau of Investigation to deny persons entrance to and to remove persons from state buildings and property,
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50-16-14.
Penalty for failure to vacate public property or building when so requested,
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50-16-16.
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1986, a comma was inserted following "bureaus" in subsections (a) and (b) and a comma was deleted following "other ways" in subsection (b).
OPINIONS OF THE ATTORNEY GENERAL
Jurisdiction of Georgia Building Authority Police.
- Jurisdiction of the Georgia Building Authority Police extends to properties of the Authority, those administered by the Authority, and in the cases of actual or imminent threat of harm or disruption, to any property or building utilized by the state or the state's agencies. 1992 Op. Att'y Gen. No. 92-6.
Sales incidental to free speech activity.
- Sale of goods, wares, or other objects, when incidental and collateral to free speech activity otherwise permitted in a designated public forum may not be prohibited under the Buildings and Grounds Policies of the Georgia Building Authority or O.C.G.A.
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50-9-9(b). However, such activity is subject to existing time, place, and manner regulations contained in the policies as well as other statutory provisions. 1993 Op. Att'y Gen. No. 93-8.
RESEARCH REFERENCES
ALR.
- Validity of regulation against solicitation in street for patronage of taxicabs, 42 A.L.R. 282.
Validity, construction, and application of statute or ordinance prohibiting solicitation of passers-by in street in front of place of business, 139 A.L.R. 1197.
Laws regulating begging, panhandling, or similar activity by poor or homeless persons, 7 A.L.R.5th 455.
