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The House Committee on Code Revision offers the following substitute to HB 485:
A BILL TO BE ENTITLED
AN ACT
To amend the Official Code of Georgia Annotated, so as to repeal various provisions enacted1
prior to 2013 which are contingent upon funding and which remain unfunded; to revise2
various provisions to update outdated terminology or references; to repeal various Code3
sections or portions thereof held to be unconstitutional; to repeal and replace Code Sections4
40-13-60, 48-7-2, and 48-13-6, relating to disposition of traffic violations and jurisdiction5
of bureau, unlawful failure to pay income tax, file return, keep records, supply information,6
or exhibit books and penalty, and levy of occupation tax by counties and municipalities on7
businesses and practitioners of professions and occupations and hearing on tax increase,8
respectively, so as to correct unconstitutional provisions; to provide for conforming changes;9
to amend an Act revising the "Georgia Veterinary Practice Act," approved June 3, 2003 (Ga.10
L. 2003, p. 615/HB 347), so as to repeal provisions which are contingent upon funding and11
which remain unfunded; to provide for related matters; to repeal conflicting laws; and for12
other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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PART I15
Contingency provisions16
SECTION 1-1.17
The Official Code of Georgia Annotated is amended by repealing and reserving the18
following:19
(1) Article 12 of Chapter 4 of Title 26, relating to prescription medication integrity.20
(2) Chapter 30 of Title 31, relating to reports on veterans exposed to Agent Orange.21
(3) Subsections (d) and (f) of Code Section 35-8-26, relating to TASER and electronic22
control weapons, requirements for use, establishment of policies, and training.23
(4) Subsection (k) of Code Section 43-34-8, relating to authority of Georgia Composite24
Medical Board to refuse license, certificate, or permit or issue discipline, suspension,25
restoration, investigations, hearings on fitness, immunity, and publication of final26
disciplinary actions.27
SECTION 1-2.28
Said Code is further amended in Code Section 31-8-302, relating to procedures for donation29
and dispensing of unused over-the-counter and prescription drugs, by revising subsection (i)30
as follows:31
"(i) The donation, brokering, or other facilitation of a donation of a drug pursuant to this32
program shall not be considered wholesale distribution as defined in Code Section33
26-4-201 and shall not be subject to or require licensure as a wholesale distributor pursuant34
to Chapter 4 of Title 26."35
SECTION 1-3.36
An Act revising the "Georgia Veterinary Practice Act," approved June 3, 200337
(Ga. L. 2003, p. 615/HB 347), is amended by repealing Part II.38
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PART II39
Terminology modernizations and various clean up40
SECTION 2-1.41
The Official Code of Georgia Annotated is amended by revising Code Section 7-4-8, relating42
to commission to third person does not make lawful interest usurious, as follows:43
"7-4-8.44
Except as the application of this Code section is modified by Code Section 7-3-5, where45
Where the lender neither takes nor contracts to take more than lawful interest, the loan is46
not rendered usurious by money paid or agreed to be paid others by the borrower in order47
to obtain the loan."48
SECTION 2-2.49
Said Code is further amended in Code Section 12-7-6, relating to best management practices,50
compliance with federal law, and minimum requirements for rules, regulations, ordinances,51
or resolutions, by revising paragraph (16) of subsection (b) and subsection (c) as follows:52
"(16) There is established a 50 foot buffer, as measured horizontally from the point53
where vegetation has been wrested by normal stream flow or wave action, along the54
banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 555
of this title trout waters pursuant to Code Section 27-4-51 except where a roadway56
drainage structure must be constructed; provided, however, that small springs and streams57
classified as trout streams waters which discharge an average annual flow of 25 gallons58
per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of59
the landowner, pursuant to the terms of a rule providing for a general variance60
promulgated by the board providing for notice to the division or local issuing authority61
of the location and extent of the piping and prescribed methodology for minimizing the62
impact of such piping and for measuring the volume of water discharged by the stream. 63
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Any such pipe must shall stop short of the downstream landowner's property, and the64
landowner must shall comply with the buffer requirement for any adjacent trout streams65
waters. The director may grant a variance from such buffer to allow land-disturbing66
activity, provided that adequate erosion control measures are incorporated in the project67
plans and specifications and are implemented. The following requirements shall apply68
to any such buffer:69
(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall70
remain in its natural, undisturbed state of vegetation until all land-disturbing activities71
on the construction site are completed. Once the final stabilization of the site is72
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective73
vegetative cover remains to protect water quality and aquatic habitat and a natural74
canopy is left in sufficient quantity to keep shade on the stream bed; provided, however,75
that any person constructing a single-family residence, when such residence is76
constructed by or under contract with the owner for his or her own occupancy, may thin77
or trim vegetation in a buffer at any time as long as protective vegetative cover remains78
to protect water quality and aquatic habitat and a natural canopy is left in sufficient79
quantity to keep shade on the stream bed;80
(B) On or before December 31, 2000, the board shall adopt rules which contain81
specific criteria for the grant or denial by the director of requests for variances. After82
such date, no variance shall be granted by the director which is not consistent with the83
criteria contained in such rules; provided, however, that, should the board fail to adopt84
rules which contain specific criteria for the grant or denial of requests for variances by85
the director on or before December 31, 2000, the authority of the director to issue such86
variances shall be suspended until the board adopts such rules; and87
(C) The buffer shall not apply to the following land-disturbing activities, provided that88
they occur at an angle, as measured from the point of crossing, within 25 degrees of89
perpendicular to the stream; they cause a width of disturbance of not more than 50 feet90
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within the buffer; and adequate erosion control measures are incorporated into the91
project plans and specifications and are implemented:92
(i) Stream crossings for water lines; or93
(ii) Stream crossings for sewer lines; and"94
"(c) Nothing contained in this chapter shall prevent any local issuing authority from95
adopting rules and regulations, ordinances, or resolutions which contain stream buffer96
requirements that exceed the minimum requirements in subsection (b) of this Code97
section."98
SECTION 2-3.99
Said Code is further amended in Code Section 12-7-12, relating to orders directed to100
violators and stop work order procedures, by revising subsection (d) as follows:101
"(d) When a violation of this chapter in the form of taking action without a permit, failure102
to maintain a stream the required buffer, or significant amounts of sediment, as determined103
by the local issuing authority or by the director or his or her designee, have been or are104
being discharged into state waters and where best management practices have not been105
properly designed, installed, and maintained, a stop work order shall be issued by the local106
issuing authority or by the director or his or her designee. All such stop work orders shall107
be effective immediately upon issuance and shall be in effect until the necessary corrective108
action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing109
activity on the site with the exception of the installation and maintenance of temporary or110
permanent erosion and sediment controls."111
SECTION 2-4.112
Said Code is further amended in Code Section 12-7-17, relating to exemptions relative to113
control of soil erosion and sedimentation, by revising paragraph (4) as follows:114
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"(4) The construction of single-family residences, when such construction disturbs less115
than one acre and is not a part of a larger common plan of development or sale with a116
planned disturbance of equal to or greater than one acre and not otherwise exempted117
under this paragraph; provided, however, that construction of any such residence shall118
conform to the minimum requirements as set forth in subsection (b) of Code Section119
12-7-6 and this paragraph. For single-family residence construction covered by the120
provisions of this paragraph, there shall be a buffer zone between the residence and any121
state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title122
waters pursuant to Code Section 27-4-51. In any such buffer zone, no land-disturbing123
activity shall be constructed between the residence and the point where vegetation has124
been wrested by normal stream flow or wave action from the banks of the trout waters. 125
For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no126
variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone127
shall be at least 50 horizontal feet, but the director may grant variances to no less than 25128
feet. Regardless of whether a trout stream is trout waters are primary or secondary, for129
first order trout waters, which are streams into which no other streams flow except for130
springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer131
shall be granted. The minimum requirements of subsection (b) of Code Section 12-7-6132
and the buffer zones provided by this paragraph shall be enforced by the issuing133
authority;"134
SECTION 2-5.135
Said Code is further amended in Code Section 20-2-206, relating to alternative teacher136
certification program and creditable service, by revising subsection (b) as follows:137
"(b)(1) Each local school system may provide an alternative teacher certification program138
upon approval by the Professional Standards Commission for a secondary school teacher139
candidate to teach a course or courses in a core academic subject who:140
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(A) Possesses a master's degree, doctoral degree, or Juris Doctor in each academic141
subject in which the candidate will teach;142
(B) Receives high-quality professional development that is sustained, intensive, and143
classroom focused in order to have a positive and lasting impact on classroom144
instruction, before and while teaching;145
(C) Participates in a program of intensive supervision that consists of structured146
guidance and regular ongoing support for teachers or a teacher mentoring program;147
(D) Assumes functions as a teacher only for a specified period of time not to exceed148
three years; and149
(E) Demonstrates satisfactory progress toward full certification as prescribed by the150
Professional Standards Commission.151
(2) The Professional Standards Commission shall apply the least restrictive standards152
when approving a school system developed program under this subsection.153
(3) Any teacher certified pursuant to this subsection shall be considered a highly154
qualified teacher for purposes of the federal No Child Left Behind Act (P.L. 107-110)."155
SECTION 2-6.156
Said Code is further amended in Code Section 20-2-1160, relating to local boards to be157
tribunals to determine school law controversies, appeals, and special provisions for disabled158
children, by revising subsection (f) as follows:159
"(f) The procedures provided in subsections (a) through (e) of this Code section shall not160
be applicable to disabled children when a hearing is necessary to decide a complaint made161
under the federal Education for All Handicapped Children Act of 1975 Individuals with162
Disabilities Education Act. The state board shall promulgate by rules and regulations an163
impartial due process procedure for hearing and determining any matter of local164
controversy in reference to the construction or administration of the school law with respect165
to disabled children as such term is defined by the state board. Any tribunal which the state166
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board shall empower to hear such cases shall have the power to summon witnesses and take167
testimony as such tribunal deems it necessary. In promulgating such rules and regulations,168
the state board shall consult with local boards of education and other local school officials169
in order to establish procedures required by this subsection which will coordinate, to the170
extent practicable, with the administrative practices of such local boards."171
SECTION 2-7.172
Said Code is further amended in Code Section 20-2-2116, relating to amount of scholarship173
for special needs students and method of payments, by revising subsection (c) as follows:174
"(c) Scholarship students shall be counted in the enrollment of their resident school system;175
provided, however, that this count shall only be for purposes of determining the amount of176
the scholarship and the scholarship students shall not be included as enrolled for purposes177
of state or federal accountability requirements, including, but not limited to, the federal178
Elementary and Secondary Education Act, as amended by the No Child Left Behind Act179
of 2001 (P.L. 107-110) federal Every Student Succeeds Act of 2015, 20 U.S.C. Section180
6301. The funds needed to provide a scholarship shall be subtracted from the allotment181
payable to the resident school system."182
SECTION 2-8.183
Said Code is further amended in Code Section 20-2-2131, relating to enrollment of students184
in school to which not originally assigned, procedure, annual notification, and exception, by185
revising paragraph (4) of subsection (a) as follows:186
"(4) This subsection shall not be construed to affect any student currently attending a187
school other than the school to which the student has been assigned by the local board of188
education pursuant to a transfer authorized under the federal No Child Left Behind Act189
(P.L. 107-110) Every Student Succeeds Act of 2015, 20 U.S.C. Section 6301."190
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SECTION 2-9.191
Said Code is further amended by repealing Code Section 40-5-4.1, relating to authorized192
delay in compliance with federal Real ID Act.193
SECTION 2-10.194
Said Code is further amended by revising Code Section 40-6-56, relating to procedure for195
passing a bicyclist, as follows:196
"40-6-56.197
(a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with198
due caution and, when traveling in the same direction, shall proceed as follows:199
(1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing200
road and traffic conditions; or201
(2) If a lane change under paragraph (1) of this subsection would be impossible,202
prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and203
proper speed for the existing road and traffic conditions, which speed shall be at least ten204
miles per hour less than the posted speed limit or 25 miles per hour, whichever is more,205
and proceed around the bicycle with at least three feet between such vehicle and the206
bicycle at all times.207
(b) Any violation of this Code section shall be a misdemeanor punished by a fine of not208
more than $250.00."209
SECTION 2-11.210
Said Code is further amended in Code Section 43-15-13.1, relating to requirements for211
professional land surveyors engaged in design of storm-water management plans, facilities,212
water distribution lines, and sanitary sewer collection systems, by revising paragraph (2) as213
follows:214
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"(2) Complete an additional three semester hours of coursework in hydrology, possess215
the requisite experience required by the board, and pass the hydrology exam. The216
licensing record for such individual as available to the public shall be marked as217
'hydrology and design authorized.'"218
SECTION 2-12.219
Said Code is further amended by revising Code Section 43-20-11, relating to apprentice220
dispenser's permit and training permits, as follows:221
"43-20-11.222
(a) An apprentice dispenser's permit shall be issued by the division director on behalf of223
the board only when:224
(1) Application has been made;225
(2) A statement of supervision has been provided by a licensed dispenser;226
(3) A statement has been made by the supervising dealer that the applicant is capable of227
making the tests and applying the techniques required to dispense hearing aids in228
accordance with this chapter;229
(4) Proof of age has been made. Apprentice dispensers' permits are limited to one year230
in duration and shall not be renewed; and231
(5) The applicant has passed the practical portion of the examination.232
(b) Apprentice dispensers' permits are limited to one year in duration and shall not be233
renewed.234
(c) Training permits shall be issued by the division director on behalf of the board only235
when application has been made and a statement of supervision has been provided by a236
licensed dispenser. The permit should authorize the person to dispense hearing aids only237
under direct supervision and immediate observation of the licensed dispenser who shall be238
responsible for the trainees' compliance with this chapter. Proof of age shall also be made. 239
Training permits should be for a duration of six months and may be renewed as often as240
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necessary for additional six-month time periods so long as the requirements of this Code241
section for issuance of permits are met for each renewal."242
SECTION 2-13.243
Said Code is further amended by revising Code Section 44-3-234, relating to application of244
article relative to property owners' associations, as follows:245
"44-3-234.246
The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d)247
of Code Section 44-5-60 shall not apply to any covenants contained in any instrument248
created pursuant to or submitted pursuant to this article."249
SECTION 2-14.250
Said Code is further amended in Code Section 50-8-60, relating to definitions relative to251
conflicts of interest in contract administration by the Department of Community Affairs, by252
revising paragraph (4) as follows:253
"(4) Reserved. 'Council member' means any member of the council of a regional254
commission established under Article 2 of this chapter."255
PART III256
Unconstitutional provisions257
SECTION 3-1.258
Said Code is further amended by repealing Code Section 3-7-43, relating to issuance of259
alcoholic beverage licenses to private clubs by governing authorities of certain counties and260
municipalities, privileges conferred by licenses, rules and regulations, and sale by261
wholesalers to licensees.262
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SECTION 3-2.263
Said Code is further amended by repealing and reserving the following:264
(1) Paragraph (6) of Code Section 10-1-233, relating to acts of gasoline distributor violating265
article relative to gasoline marketing practices.266
(2) Code Section 16-11-34, relating to preventing or disrupting lawful meetings, gatherings,267
or processions.268
(3) Code Section 16-15-9, relating to commission of offense admissible as evidence of269
existence of criminal street gang.270
(4) Code Section 20-2-1182, relating to persons other than students who insult or abuse271
school teachers in presence of pupils may be ordered to leave school premises.272
(5) Code Section 36-1-16, relating to garbage, trash, waste, or refuse not to be transported273
across state or county boundaries for dumping without permission and exemption.274
(6) Code Section 36-6-27, relating to execution against county treasurer for failure to pay275
over money.276
(7) Code Section 40-1-4, relating to stickers, decals, or emblems upon motor vehicles277
containing profane or lewd words describing sexual acts, excretory functions, or parts of the278
human body.279
(8) Code Section 40-2-111, relating to highway use permit required for certain unregistered280
motor trucks, application, fee, and identification tag to be displayed and permit to be carried281
in truck. 282
(9) Code Section 40-2-112, relating to additional fee for each round trip by an unregistered283
motor truck into state.284
(10) Paragraph (1) of subsection (a) of Code Section 40-2-114, relating to unlawful acts and285
penalties.286
(11) Subparagraph (B.1) of paragraph (3) of Code Section 48-5-2, relating to definitions287
relative to ad valorem taxation of property.288
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SECTION 3-3.289
Said Code is further amended by revising Code Section 15-11-703, relating to use of290
disposition and evidence in juvenile courts, as follows:291
"15-11-703.292
Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child293
and evidence adduced in a hearing in the juvenile court shall not be used against such child294
in any proceeding in any court other than as provided in Code Section 16-15-9 or 24-4-418295
or for a proceeding for delinquency or a child in need of services, whether before or after296
reaching 18 years of age, except in the establishment of conditions of bail, plea297
negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records298
of dispositions and evidence shall be available to prosecuting attorneys, superior or state299
court judges, and the accused and may be used in the same manner as adult records. 300
Whenever such record of disposition is filed in a superior or state court or admitted into301
evidence in a superior or state court proceeding, it shall be filed under seal."302
SECTION 3-4.303
Said Code is further amended by repealing Code Section 40-13-60, relating to disposition of304
traffic violations and jurisdiction of bureau, and enacting a new Code Section 40-13-60 to305
read as follows:306
"40-13-60.307
Any traffic violation under the jurisdiction of the traffic violations bureau shall be308
characterized and classified as a traffic violation and shall not be considered as a309
misdemeanor. Whenever any traffic violation is transferred from another court to a court310
which has a traffic violations bureau, if such offense is classified as a traffic violation on311
the traffic violations bureau schedule of the receiving court, such violation shall be handled312
and disposed of by such traffic violations bureau. Where a defendant demands a trial on313
a traffic violation, it shall be transferred to a court in the jurisdiction which established the314
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traffic violations bureau; provided, however, that such request for a trial shall not result in315
a loss of jurisdiction by the traffic violations bureau."316
SECTION 3-5.317
Said Code is further amended by repealing Code Section 48-7-2, relating to unlawful failure318
to pay income tax, file return, keep records, supply information, or exhibit books and penalty,319
and enacting a new Code Section 48-7-2 to read as follows:320
"48-7-2.321
(a) It shall be unlawful for any person who is required under this chapter to pay any tax,322
make any return, keep any records, supply any information, or exhibit any books or records323
for the purpose of computation, assessment, or collection of any tax imposed by this324
chapter to fail to:325
(1) Pay the tax;326
(2) Make the return;327
(3) Keep the records; or328
(4) When requested to do so by the commissioner:329
(A) Supply the information; or330
(B) Exhibit the books or records.331
(b) In addition to other penalties provided by law, any person who violates subsection (a)332
of this Code section shall be guilty of a misdemeanor; provided, however, that punishment333
for failure to pay tax owed shall be limited to a fine of not more than $1,000.000."334
SECTION 3-6.335
Said Code is further amended by repealing Code Section 48-13-6, relating to levy of336
occupation tax by counties and municipalities on businesses and practitioners of professions337
and occupations and hearing on tax increase, and enacting a new Code Section 48-13-6 to338
read as follows:339
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"48-13-6.340
(a) Except as to those businesses and practitioners of professions and occupations excluded341
by subsection (a) of Code Section 48-13-16, those persons excluded by Code342
Section 43-12-1, and those persons engaged in the authorized practice of law, the343
governing authority of each county shall be authorized but not required to:344
(1) Provide by local ordinance or resolution for the levy, assessment, and collection of345
occupation tax on those businesses and practitioners of professions and occupations with346
one or more locations or offices in the unincorporated part of the county and to provide347
for the punishment of violation of such a local ordinance or resolution;348
(2) Classify businesses and practitioners of professions and occupations and to assess349
different taxes on different classes of businesses and practitioners; and350
(3) Provide by local ordinance or resolution for requiring information from businesses351
and practitioners of professions and occupations doing business in the unincorporated352
part of the county regarding the site of any location or office and payment of occupation353
taxes or regulatory fees to other local governments and to provide for the punishment for354
violation of such a local ordinance or resolution.355
(b) Except as to those businesses and practitioners of professions and occupations356
excluded by subsection (a) of Code Section 48-13-16, those persons excluded by Code357
Section 43-12-1, and those persons engaged in the authorized practice of law, the358
governing authority of each municipal corporation shall be authorized but not required to:359
(1) Provide by local ordinance or resolution for the levy, assessment, and collection of360
occupation tax on those businesses and practitioners of professions and occupations with361
one or more locations or offices within the corporate limits of the municipality and to362
provide for the punishment of violation of such a local ordinance or resolution;363
(2) Classify businesses and practitioners of professions and occupations and to assess364
different taxes on different classes of businesses and practitioners; and365
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(3) Provide by local ordinance or resolution for requiring information from businesses366
and practitioners of professions and occupations doing business within the corporate367
limits of the municipality regarding the site of any location or office and payment of368
occupation taxes or regulatory fees to other local governments and to provide for the369
punishment for violation of such a local ordinance or resolution.370
(c) After April 11, 1995, any local government shall conduct at least one public hearing371
prior to the adoption of any ordinance or resolution regarding an occupation tax authorized372
by this Code section.373
(d) This Code section shall supercede any provision of local law or city charter that374
authorizes taxes upon professions set forth in this Code section."375
PART IV376
Repealer377
SECTION 4-1.378
All laws and parts of laws in conflict with this Act are repealed.379
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