| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 25 LC 47 3297S | |
| 2 | - | The House Committee on Governmental Affairs offers the following substitute to HB 140: | |
| 1 | + | 25 LC 47 3180 | |
| 2 | + | House Bill 140 | |
| 3 | + | By: Representatives Gullett of the 19 | |
| 4 | + | th | |
| 5 | + | , Jenkins of the 136 | |
| 6 | + | th | |
| 7 | + | , Barton of the 5 | |
| 8 | + | th | |
| 9 | + | , Lumsden of | |
| 10 | + | the 12 | |
| 11 | + | th | |
| 12 | + | , and Tarvin of the 2 | |
| 13 | + | nd | |
| 14 | + | ||
| 3 | 15 | A BILL TO BE ENTITLED | |
| 4 | 16 | AN ACT | |
| 5 | - | To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated,1 | |
| 17 | + | To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, | |
| 18 | + | 1 | |
| 6 | 19 | relating to local government budgets and audits, so as to cap the amount of funds derived2 | |
| 7 | - | from court fines or forfeiture action that | |
| 20 | + | from court fines or forfeiture action that local governments may use as part of their yearly3 | |
| 8 | 21 | budgets; to provide that any funds collected in excess of such cap shall escheat to the state;4 | |
| 9 | - | to supersede any conflicting home rule powers of | |
| 10 | - | to provide a short title; to provide for related matters; to repeal conflicting laws; | |
| 11 | - | purposes.7 | |
| 22 | + | to supersede any conflicting home rule powers of local governments; to provide for5 | |
| 23 | + | applicability; to provide a short title; to provide for related matters; to repeal conflicting laws;6 | |
| 24 | + | and for other purposes.7 | |
| 12 | 25 | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 | |
| 13 | 26 | SECTION 1.9 | |
| 14 | 27 | This Act shall be known and may be cited as the "End Local Taxation by Citation Act."10 | |
| 15 | 28 | SECTION 2.11 | |
| 16 | 29 | Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to12 | |
| 17 | 30 | local government budgets and audits, is amended by revising Code Section 36-81-10, relating13 | |
| 18 | 31 | to effect of article on right to make expenditures and raise revenue, and effect on home rule14 | |
| 19 | 32 | powers, as follows:15 | |
| 20 | - | H. B. 140 (SUB) | |
| 21 | - | - 1 - 25 LC 47 3297S | |
| 22 | - | "36-81-10.16 | |
| 23 | - | Except as provided for in Code Section 36-81-12, this This article shall not be construed17 | |
| 33 | + | H. B. 140 | |
| 34 | + | - 1 - 25 LC 47 3180 | |
| 35 | + | "36-81-10. | |
| 36 | + | 16 | |
| 37 | + | Except as provided for in Code Section 36-81-12, this | |
| 38 | + | This article shall not be construed17 | |
| 24 | 39 | so as to prohibit local governments from making authorized expenditures for any lawful18 | |
| 25 | 40 | purpose or from raising revenues in any manner otherwise authorized by law. It is the19 | |
| 26 | 41 | specific intent of the General Assembly in adopting this article that, except as provided for20 | |
| 27 | 42 | in Code Section 36-81-12, local units of government shall continue to have and to exercise21 | |
| 28 | 43 | their home rule powers as provided by law."22 | |
| 29 | 44 | SECTION 3.23 | |
| 30 | 45 | Said article is further amended by adding a new Code section to read as follows:24 | |
| 31 | 46 | "36-81-12.25 | |
| 32 | - | (a) No more than 10 percent of the funds appropriated in a | |
| 33 | - | shall be derived from funds collected by such | |
| 34 | - | a result of a criminal or civil forfeiture action.28 | |
| 35 | - | (b) Any funds received by a | |
| 47 | + | (a) No more than 10 percent of the funds appropriated in a local government's budget26 | |
| 48 | + | ordinance shall be derived from funds collected by such local government as criminal or27 | |
| 49 | + | civil fines or as a result of a criminal or civil forfeiture action.28 | |
| 50 | + | (b) Any funds received by a local government as criminal or civil fines or as a result of a29 | |
| 36 | 51 | criminal or civil forfeiture action in excess of the amount provided for in subsection (a) of30 | |
| 37 | - | this Code section shall escheat to the state at the conclusion of the | |
| 38 | - | year. Within 30 days of the end of a | |
| 39 | - | be transmitted to the Office of the State Treasurer for deposit in the general fund | |
| 40 | - | state.34 | |
| 41 | - | (c) This Code section shall apply to any budget ordinance adopted by a | |
| 42 | - | any fiscal year beginning on or after January 1, 2026."36 | |
| 52 | + | this Code section shall escheat to the state at the conclusion of the local government's fiscal31 | |
| 53 | + | year. Within 30 days of the end of a local government's fiscal year, such escheated funds32 | |
| 54 | + | shall be transmitted to the Office of the State Treasurer for deposit in the general fund of33 | |
| 55 | + | this state.34 | |
| 56 | + | (c) This Code section shall apply to any budget ordinance adopted by a local government35 | |
| 57 | + | for any fiscal year beginning on or after January 1, 2026."36 | |
| 43 | 58 | SECTION 4.37 | |
| 44 | 59 | All laws and parts of laws in conflict with this Act are repealed.38 | |
| 45 | - | H. B. 140 | |
| 60 | + | H. B. 140 | |
| 46 | 61 | - 2 - |