25 LC 47 3297S
The House Committee on Governmental Affairs offers the following substitute to HB 140:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated,1
relating to local government budgets and audits, so as to cap the amount of funds derived2
from court fines or forfeiture action that municipalities may use as part of their yearly3
budgets; to provide that any funds collected in excess of such cap shall escheat to the state;4
to supersede any conflicting home rule powers of municipalities; to provide for applicability;5
to provide a short title; to provide for related matters; to repeal conflicting laws; and for other6
purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "End Local Taxation by Citation Act."10
SECTION 2.11
Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to12
local government budgets and audits, is amended by revising Code Section 36-81-10, relating13
to effect of article on right to make expenditures and raise revenue, and effect on home rule14
powers, as follows:15
H. B. 140 (SUB)
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"36-81-10.16
Except as provided for in Code Section 36-81-12, this This article shall not be construed17
so as to prohibit local governments from making authorized expenditures for any lawful18
purpose or from raising revenues in any manner otherwise authorized by law. It is the19
specific intent of the General Assembly in adopting this article that, except as provided for20
in Code Section 36-81-12, local units of government shall continue to have and to exercise21
their home rule powers as provided by law."22
SECTION 3.23
Said article is further amended by adding a new Code section to read as follows:24
"36-81-12.25
(a) No more than 10 percent of the funds appropriated in a municipality's budget ordinance26
shall be derived from funds collected by such municipality as criminal or civil fines or as27
a result of a criminal or civil forfeiture action.28
(b) Any funds received by a municipality as criminal or civil fines or as a result of a29
criminal or civil forfeiture action in excess of the amount provided for in subsection (a) of30
this Code section shall escheat to the state at the conclusion of the municipality's fiscal31
year. Within 30 days of the end of a municipality's fiscal year, such escheated funds shall32
be transmitted to the Office of the State Treasurer for deposit in the general fund of this33
state.34
(c) This Code section shall apply to any budget ordinance adopted by a municipality for35
any fiscal year beginning on or after January 1, 2026."36
SECTION 4.37
All laws and parts of laws in conflict with this Act are repealed.38
H. B. 140 (SUB)
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