Georgia 2025-2026 Regular Session

Georgia House Bill HB485 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 39 4767S
2		-	The Senate Committee on Government Oversight offered the following
3		-	substitute to HB 485:
	1	+	25 LC 39 4672S
	2	+	House Bill 485 (COMMITTEE SUBSTITUTE)
	3	+	By: Representatives Yearta of the 152
	4	+	nd
	5	+	, Efstration of the 104
	6	+	th
	7	+	, Scoggins of the 14
	8	+	th
	9	+	, Smith
	10	+	of the 18
	11	+	th
	12	+	, and Barrett of the 24
	13	+	th
	14	+
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend the Official Code of Georgia Annotated, so as to repeal various provisions enacted1
	17	+	To amend the Official Code of Georgia Annotated, so as to repeal various provisions enacted
	18	+	1
7	19		prior to 2013 which are contingent upon funding and which remain unfunded; to revise2
8	20		various provisions to update outdated terminology or references; to repeal various Code3
9	21		sections or portions thereof held to be unconstitutional; to repeal and replace Code Sections4
10	22		40-13-60, 48-7-2, and 48-13-6, relating to disposition of traffic violations and jurisdiction5
11	23		of bureau, unlawful failure to pay income tax, file return, keep records, supply information,6
12	24		or exhibit books and penalty, and levy of occupation tax by counties and municipalities on7
13	25		businesses and practitioners of professions and occupations and hearing on tax increase,8
14	26		respectively, so as to correct unconstitutional provisions; to provide for conforming changes;9
15	27		to amend an Act revising the "Georgia Veterinary Practice Act," approved June 3, 2003 (Ga.10
16	28		L. 2003, p. 615/HB 347), so as to repeal provisions which are contingent upon funding and11
17	29		which remain unfunded; to provide for related matters; to repeal conflicting laws; and for12
18	30		other purposes.13
19	31		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
20		-	- 1 - 25 LC 39 4767S
21		-	PART I15
	32	+	H. B. 485 (SUB)
	33	+	- 1 - 25 LC 39 4672S
	34	+	PART I
	35	+	15
22	36		Contingency provisions16
23	37		SECTION 1-1.17
24	38		The Official Code of Georgia Annotated is amended by repealing and reserving the18
25	39		following:19
26	40		(1) Article 12 of Chapter 4 of Title 26, relating to prescription medication integrity.20
27	41		(2) Chapter 30 of Title 31, relating to reports on veterans exposed to Agent Orange.21
28	42		(3) Subsections (d) and (f) of Code Section 35-8-26, relating to TASER and electronic22
29	43		control weapons, requirements for use, establishment of policies, and training.23
30	44		(4) Subsection (k) of Code Section 43-34-8, relating to authority of Georgia Composite24
31	45		Medical Board to refuse license, certificate, or permit or issue discipline, suspension,25
32	46		restoration, investigations, hearings on fitness, immunity, and publication of final26
33	47		disciplinary actions.27
34	48		SECTION 1-2.28
35	49		Said Code is further amended in Code Section 31-8-302, relating to procedures for donation29
36	50		and dispensing of unused over-the-counter and prescription drugs, by revising subsection (i)30
37	51		as follows:31
38	52		"(i) The donation, brokering, or other facilitation of a donation of a drug pursuant to this32
39		-	program shall not be considered wholesale distribution as defined in Code Section33
	53	+	program shall not be considered wholesale distribution as defined in Code Section
	54	+	33
40	55		26-4-201 and shall not be subject to or require licensure as a wholesale distributor pursuant34
41	56		to Chapter 4 of Title 26."35
42	57		SECTION 1-3.36
43	58		An Act revising the "Georgia Veterinary Practice Act," approved June 3, 200337
44	59		(Ga. L. 2003, p. 615/HB 347), is amended by repealing Part II.38
45		-	- 2 - 25 LC 39 4767S
46		-	PART II39
	60	+	H. B. 485 (SUB)
	61	+	- 2 - 25 LC 39 4672S
	62	+	PART II
	63	+	39
47	64		Terminology modernizations and various clean up40
48	65		SECTION 2-1.41
49	66		The Official Code of Georgia Annotated is amended by revising Code Section 7-4-8, relating42
50	67		to commission to third person does not make lawful interest usurious, as follows:43
51	68		"7-4-8.44
52		-	Except as the application of this Code section is modified by Code Section 7-3-5, where45
	69	+	Except as the application of this Code section is modified by Code Section 7-3-5, where
	70	+	45
53	71		Where the lender neither takes nor contracts to take more than lawful interest, the loan is46
54	72		not rendered usurious by money paid or agreed to be paid others by the borrower in order47
55	73		to obtain the loan."48
56	74		SECTION 2-2.49
57	75		Said Code is further amended in Code Section 12-7-6, relating to best management practices,50
58	76		compliance with federal law, and minimum requirements for rules, regulations, ordinances,51
59	77		or resolutions, by revising paragraph (16) of subsection (b) and subsection (c) as follows:52
60	78		"(16) There is established a 50 foot buffer, as measured horizontally from the point53
61	79		where vegetation has been wrested by normal stream flow or wave action, along the54
62	80		banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 555
63	81		of this title trout waters pursuant to Code Section 27-4-51 except where a roadway56
64	82		drainage structure must be constructed; provided, however, that small springs and streams57
65	83		classified as trout streams waters which discharge an average annual flow of 25 gallons58
66	84		per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of59
67	85		the landowner, pursuant to the terms of a rule providing for a general variance60
68	86		promulgated by the board providing for notice to the division or local issuing authority61
69	87		of the location and extent of the piping and prescribed methodology for minimizing the62
70	88		impact of such piping and for measuring the volume of water discharged by the stream. 63
71		-	- 3 - 25 LC 39 4767S
	89	+	H. B. 485 (SUB)
	90	+	- 3 - 25 LC 39 4672S
72	91		Any such pipe must shall stop short of the downstream landowner's property, and the64
73	92		landowner must shall comply with the buffer requirement for any adjacent trout streams65
74	93		waters. The director may grant a variance from such buffer to allow land-disturbing66
75	94		activity, provided that adequate erosion control measures are incorporated in the project67
76	95		plans and specifications and are implemented. The following requirements shall apply68
77	96		to any such buffer:69
78	97		(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall70
79	98		remain in its natural, undisturbed state of vegetation until all land-disturbing activities71
80	99		on the construction site are completed. Once the final stabilization of the site is72
81	100		achieved, a buffer may be thinned or trimmed of vegetation as long as a protective73
82	101		vegetative cover remains to protect water quality and aquatic habitat and a natural74
83	102		canopy is left in sufficient quantity to keep shade on the stream bed; provided, however,75
84	103		that any person constructing a single-family residence, when such residence is76
85	104		constructed by or under contract with the owner for his or her own occupancy, may thin77
86	105		or trim vegetation in a buffer at any time as long as protective vegetative cover remains78
87	106		to protect water quality and aquatic habitat and a natural canopy is left in sufficient79
88	107		quantity to keep shade on the stream bed;80
89	108		(B) On or before December 31, 2000, the board shall adopt rules which contain81
90	109		specific criteria for the grant or denial by the director of requests for variances. After82
91	110		such date, no variance shall be granted by the director which is not consistent with the83
92	111		criteria contained in such rules; provided, however, that, should the board fail to adopt84
93	112		rules which contain specific criteria for the grant or denial of requests for variances by85
94	113		the director on or before December 31, 2000, the authority of the director to issue such86
95	114		variances shall be suspended until the board adopts such rules; and87
96	115		(C) The buffer shall not apply to the following land-disturbing activities, provided that88
97	116		they occur at an angle, as measured from the point of crossing, within 25 degrees of89
98	117		perpendicular to the stream; they cause a width of disturbance of not more than 50 feet90
99		-	- 4 - 25 LC 39 4767S
100		-	within the buffer; and adequate erosion control measures are incorporated into the91
	118	+	H. B. 485 (SUB)
	119	+	- 4 - 25 LC 39 4672S
	120	+	within the buffer; and adequate erosion control measures are incorporated into the
	121	+	91
101	122		project plans and specifications and are implemented:92
102	123		(i) Stream crossings for water lines; or93
103	124		(ii) Stream crossings for sewer lines; and"94
104	125		"(c) Nothing contained in this chapter shall prevent any local issuing authority from95
105		-	adopting rules and regulations, ordinances, or resolutions which contain stream buffer96
	126	+	adopting rules and regulations, ordinances, or resolutions which contain stream
	127	+	buffer96
106	128		requirements that exceed the minimum requirements in subsection (b) of this Code97
107	129		section."98
108	130		SECTION 2-3.99
109	131		Said Code is further amended in Code Section 12-7-12, relating to orders directed to100
110	132		violators and stop work order procedures, by revising subsection (d) as follows:101
111	133		"(d) When a violation of this chapter in the form of taking action without a permit, failure102
112	134		to maintain a stream the required buffer, or significant amounts of sediment, as determined103
113	135		by the local issuing authority or by the director or his or her designee, have been or are104
114	136		being discharged into state waters and where best management practices have not been105
115	137		properly designed, installed, and maintained, a stop work order shall be issued by the local106
116	138		issuing authority or by the director or his or her designee. All such stop work orders shall107
117	139		be effective immediately upon issuance and shall be in effect until the necessary corrective108
118	140		action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing109
119	141		activity on the site with the exception of the installation and maintenance of temporary or110
120	142		permanent erosion and sediment controls."111
121	143		SECTION 2-4.112
122	144		Said Code is further amended in Code Section 12-7-17, relating to exemptions relative to113
123	145		control of soil erosion and sedimentation, by revising paragraph (4) as follows:114
124		-	- 5 - 25 LC 39 4767S
125		-	"(4) The construction of single-family residences, when such construction disturbs less115
	146	+	H. B. 485 (SUB)
	147	+	- 5 - 25 LC 39 4672S
	148	+	"(4) The construction of single-family residences, when such construction disturbs less
	149	+	115
126	150		than one acre and is not a part of a larger common plan of development or sale with a116
127	151		planned disturbance of equal to or greater than one acre and not otherwise exempted117
128	152		under this paragraph; provided, however, that construction of any such residence shall118
129	153		conform to the minimum requirements as set forth in subsection (b) of Code Section119
130	154		12-7-6 and this paragraph. For single-family residence construction covered by the120
131	155		provisions of this paragraph, there shall be a buffer zone between the residence and any121
132		-	state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title122
	156	+	state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title
	157	+	122
133	158		waters pursuant to Code Section 27-4-51. In any such buffer zone, no land-disturbing123
134	159		activity shall be constructed between the residence and the point where vegetation has124
135	160		been wrested by normal stream flow or wave action from the banks of the trout waters. 125
136	161		For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no126
137	162		variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone127
138	163		shall be at least 50 horizontal feet, but the director may grant variances to no less than 25128
139	164		feet. Regardless of whether a trout stream is trout waters are primary or secondary, for129
140	165		first order trout waters, which are streams into which no other streams flow except for130
141	166		springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer131
142	167		shall be granted. The minimum requirements of subsection (b) of Code Section 12-7-6132
143	168		and the buffer zones provided by this paragraph shall be enforced by the issuing133
144	169		authority;"134
145	170		SECTION 2-5.135
146	171		Said Code is further amended in Code Section 20-2-206, relating to alternative teacher136
147	172		certification program and creditable service, by revising subsection (b) as follows:137
148	173		"(b)(1) Each local school system may provide an alternative teacher certification program138
149	174		upon approval by the Professional Standards Commission for a secondary school teacher139
150	175		candidate to teach a course or courses in a core academic subject who:140
151		-	- 6 - 25 LC 39 4767S
152		-	(A) Possesses a master's degree, doctoral degree, or Juris Doctor in each academic141
	176	+	H. B. 485 (SUB)
	177	+	- 6 - 25 LC 39 4672S
	178	+	(A) Possesses a master's degree, doctoral degree, or Juris Doctor in each academic
	179	+	141
153	180		subject in which the candidate will teach;142
154	181		(B) Receives high-quality professional development that is sustained, intensive, and143
155	182		classroom focused in order to have a positive and lasting impact on classroom144
156	183		instruction, before and while teaching;145
157	184		(C) Participates in a program of intensive supervision that consists of structured146
158	185		guidance and regular ongoing support for teachers or a teacher mentoring program;147
159	186		(D) Assumes functions as a teacher only for a specified period of time not to exceed148
160	187		three years; and149
161	188		(E) Demonstrates satisfactory progress toward full certification as prescribed by the150
162	189		Professional Standards Commission.151
163	190		(2) The Professional Standards Commission shall apply the least restrictive standards152
164	191		when approving a school system developed program under this subsection.153
165		-	(3) Any teacher certified pursuant to this subsection shall be considered a highly154
	192	+	(3) Any teacher certified pursuant to this subsection shall be considered a highly
	193	+	154
166	194		qualified teacher for purposes of the federal No Child Left Behind Act (P.L. 107-110)."155
167	195		SECTION 2-6.156
168	196		Said Code is further amended in Code Section 20-2-1160, relating to local boards to be157
169	197		tribunals to determine school law controversies, appeals, and special provisions for disabled158
170	198		children, by revising subsection (f) as follows:159
171	199		"(f) The procedures provided in subsections (a) through (e) of this Code section shall not160
172	200		be applicable to disabled children when a hearing is necessary to decide a complaint made161
173	201		under the federal Education for All Handicapped Children Act of 1975 Individuals with162
174	202		Disabilities Education Act. The state board shall promulgate by rules and regulations an163
175	203		impartial due process procedure for hearing and determining any matter of local164
176	204		controversy in reference to the construction or administration of the school law with respect165
177	205		to disabled children as such term is defined by the state board. Any tribunal which the state166
178		-	- 7 - 25 LC 39 4767S
179		-	board shall empower to hear such cases shall have the power to summon witnesses and take167
	206	+	H. B. 485 (SUB)
	207	+	- 7 - 25 LC 39 4672S
	208	+	board shall empower to hear such cases shall have the power to summon witnesses and take
	209	+	167
180	210		testimony as such tribunal deems it necessary. In promulgating such rules and regulations,168
181	211		the state board shall consult with local boards of education and other local school officials169
182	212		in order to establish procedures required by this subsection which will coordinate, to the170
183	213		extent practicable, with the administrative practices of such local boards."171
184	214		SECTION 2-7.172
185	215		Said Code is further amended in Code Section 20-2-2116, relating to amount of scholarship173
186	216		for special needs students and method of payments, by revising subsection (c) as follows:174
187	217		"(c) Scholarship students shall be counted in the enrollment of their resident school system;175
188	218		provided, however, that this count shall only be for purposes of determining the amount of176
189	219		the scholarship and the scholarship students shall not be included as enrolled for purposes177
190	220		of state or federal accountability requirements, including, but not limited to, the federal178
191		-	Elementary and Secondary Education Act, as amended by the No Child Left Behind Act179
	221	+	Elementary and Secondary Education Act, as amended by the No Child Left Behind Act
	222	+	179
192	223		of 2001 (P.L. 107-110) federal Every Student Succeeds Act of 2015, 20 U.S.C. Section180
193	224		6301. The funds needed to provide a scholarship shall be subtracted from the allotment181
194	225		payable to the resident school system."182
195	226		SECTION 2-8.183
196	227		Said Code is further amended in Code Section 20-2-2131, relating to enrollment of students184
197	228		in school to which not originally assigned, procedure, annual notification, and exception, by185
198	229		revising paragraph (4) of subsection (a) as follows:186
199	230		"(4) This subsection shall not be construed to affect any student currently attending a187
200	231		school other than the school to which the student has been assigned by the local board of188
201	232		education pursuant to a transfer authorized under the federal No Child Left Behind Act189
202	233		(P.L. 107-110) Every Student Succeeds Act of 2015, 20 U.S.C. Section 6301."190
203		-	- 8 - 25 LC 39 4767S
204		-	SECTION 2-9.191
	234	+	H. B. 485 (SUB)
	235	+	- 8 - 25 LC 39 4672S
	236	+	SECTION 2-9.
	237	+	191
205	238		Said Code is further amended by repealing Code Section 40-5-4.1, relating to authorized192
206	239		delay in compliance with federal Real ID Act.193
207	240		SECTION 2-10.194
208	241		Said Code is further amended by revising Code Section 40-6-56, relating to procedure for195
209	242		passing a bicyclist, as follows:196
210	243		"40-6-56.197
211	244		(a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with198
212		-	due caution and, when traveling in the same direction, shall proceed as follows:199
	245	+	due caution and, when traveling in the same direction,
	246	+	shall proceed as follows:199
213	247		(1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing200
214	248		road and traffic conditions; or201
215	249		(2) If a lane change under paragraph (1) of this subsection would be impossible,202
216	250		prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and203
217	251		proper speed for the existing road and traffic conditions, which speed shall be at least ten204
218	252		miles per hour less than the posted speed limit or 25 miles per hour, whichever is more,205
219	253		and proceed around the bicycle with at least three feet between such vehicle and the206
220	254		bicycle at all times.207
221	255		(b) Any violation of this Code section shall be a misdemeanor punished by a fine of not208
222	256		more than $250.00."209
223	257		SECTION 2-11.210
224	258		Said Code is further amended in Code Section 43-15-13.1, relating to requirements for211
225	259		professional land surveyors engaged in design of storm-water management plans, facilities,212
226	260		water distribution lines, and sanitary sewer collection systems, by revising paragraph (2) as213
227	261		follows:214
228		-	- 9 - 25 LC 39 4767S
229		-	"(2) Complete an additional three semester hours of coursework in hydrology, possess215
230		-	the requisite experience required by the board, and pass the hydrology exam. The216
	262	+	H. B. 485 (SUB)
	263	+	- 9 - 25 LC 39 4672S
	264	+	"(2) Complete an additional three semester hours of coursework in hydrology, possess
	265	+	215
	266	+	the requisite experience
	267	+	required by the board, and pass the hydrology exam. The216
231	268		licensing record for such individual as available to the public shall be marked as217
232	269		'hydrology and design authorized.'"218
233	270		SECTION 2-12.219
234	271		Said Code is further amended by revising Code Section 43-20-11, relating to apprentice220
235	272		dispenser's permit and training permits, as follows:221
236	273		"43-20-11.222
237	274		(a) An apprentice dispenser's permit shall be issued by the division director on behalf of223
238	275		the board only when:224
239	276		(1) Application has been made;225
240	277		(2) A statement of supervision has been provided by a licensed dispenser;226
241	278		(3) A statement has been made by the supervising dealer that the applicant is capable of227
242	279		making the tests and applying the techniques required to dispense hearing aids in228
243	280		accordance with this chapter;229
244	281		(4) Proof of age has been made. Apprentice dispensers' permits are limited to one year230
245	282		in duration and shall not be renewed; and231
246	283		(5) The applicant has passed the practical portion of the examination.232
247	284		(b) Apprentice dispensers' permits are limited to one year in duration and shall not be233
248	285		renewed.234
249	286		(c) Training permits shall be issued by the division director on behalf of the board only235
250	287		when application has been made and a statement of supervision has been provided by a236
251	288		licensed dispenser. The permit should authorize the person to dispense hearing aids only237
252	289		under direct supervision and immediate observation of the licensed dispenser who shall be238
253	290		responsible for the trainees' compliance with this chapter. Proof of age shall also be made. 239
254	291		Training permits should be for a duration of six months and may be renewed as often as240
255		-	- 10 - 25 LC 39 4767S
256		-	necessary for additional six-month time periods so long as the requirements of this Code241
	292	+	H. B. 485 (SUB)
	293	+	- 10 - 25 LC 39 4672S
	294	+	necessary for additional six-month time periods so long as the requirements of this Code
	295	+	241
257	296		section for issuance of permits are met for each renewal."242
258	297		SECTION 2-13.243
259	298		Said Code is further amended by revising Code Section 44-3-234, relating to application of244
260	299		article relative to property owners' associations, as follows:245
261	300		"44-3-234.246
262	301		The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d)247
263	302		of Code Section 44-5-60 shall not apply to any covenants contained in any instrument248
264		-	created pursuant to or submitted pursuant to this article."249
	303	+	created pursuant to or submitted pursuant
	304	+	to this article."249
265	305		SECTION 2-14.250
266	306		Said Code is further amended in Code Section 50-8-60, relating to definitions relative to251
267	307		conflicts of interest in contract administration by the Department of Community Affairs, by252
268	308		revising paragraph (4) as follows:253
269	309		"(4) Reserved. 'Council member' means any member of the council of a regional254
270	310		commission established under Article 2 of this chapter."255
271	311		PART III256
272	312		Unconstitutional provisions257
273	313		SECTION 3-1.258
274	314		Said Code is further amended by repealing Code Section 3-7-43, relating to issuance of259
275	315		alcoholic beverage licenses to private clubs by governing authorities of certain counties and260
276	316		municipalities, privileges conferred by licenses, rules and regulations, and sale by261
277	317		wholesalers to licensees.262
278		-	- 11 - 25 LC 39 4767S
279		-	SECTION 3-2.263
	318	+	H. B. 485 (SUB)
	319	+	- 11 - 25 LC 39 4672S
	320	+	SECTION 3-2.
	321	+	263
280	322		Said Code is further amended by repealing and reserving the following:264
281	323		(1) Paragraph (6) of Code Section 10-1-233, relating to acts of gasoline distributor violating265
282	324		article relative to gasoline marketing practices.266
283	325		(2) Code Section 16-11-34, relating to preventing or disrupting lawful meetings, gatherings,267
284	326		or processions.268
285	327		(3) Code Section 16-15-9, relating to commission of offense admissible as evidence of269
286	328		existence of criminal street gang.270
287	329		(4) Code Section 20-2-1182, relating to persons other than students who insult or abuse271
288	330		school teachers in presence of pupils may be ordered to leave school premises.272
289	331		(5) Code Section 36-1-16, relating to garbage, trash, waste, or refuse not to be transported273
290	332		across state or county boundaries for dumping without permission and exemption.274
291	333		(6) Code Section 36-6-27, relating to execution against county treasurer for failure to pay275
292	334		over money.276
293	335		(7) Code Section 40-1-4, relating to stickers, decals, or emblems upon motor vehicles277
294	336		containing profane or lewd words describing sexual acts, excretory functions, or parts of the278
295	337		human body.279
296	338		(8) Code Section 40-2-111, relating to highway use permit required for certain unregistered280
297	339		motor trucks, application, fee, and identification tag to be displayed and permit to be carried281
298	340		in truck. 282
299	341		(9) Code Section 40-2-112, relating to additional fee for each round trip by an unregistered283
300	342		motor truck into state.284
301	343		(10) Paragraph (1) of subsection (a) of Code Section 40-2-114, relating to unlawful acts and285
302	344		penalties.286
303	345		(11) Subparagraph (B.1) of paragraph (3) of Code Section 48-5-2, relating to definitions287
304	346		relative to ad valorem taxation of property.288
305		-	- 12 - 25 LC 39 4767S
306		-	SECTION 3-3.289
	347	+	H. B. 485 (SUB)
	348	+	- 12 - 25 LC 39 4672S
	349	+	SECTION 3-3.
	350	+	289
307	351		Said Code is further amended by revising Code Section 15-11-703, relating to use of290
308	352		disposition and evidence in juvenile courts, as follows:291
309	353		"15-11-703.292
310	354		Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child293
311	355		and evidence adduced in a hearing in the juvenile court shall not be used against such child294
312		-	in any proceeding in any court other than as provided in Code Section 16-15-9 or 24-4-418295
	356	+	in any proceeding in any court other than as provided in Code Section 16-15-9 or
	357	+	24-4-418295
313	358		or for a proceeding for delinquency or a child in need of services, whether before or after296
314	359		reaching 18 years of age, except in the establishment of conditions of bail, plea297
315	360		negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records298
316	361		of dispositions and evidence shall be available to prosecuting attorneys, superior or state299
317	362		court judges, and the accused and may be used in the same manner as adult records. 300
318	363		Whenever such record of disposition is filed in a superior or state court or admitted into301
319	364		evidence in a superior or state court proceeding, it shall be filed under seal."302
320	365		SECTION 3-4.303
321	366		Said Code is further amended by repealing Code Section 40-13-60, relating to disposition of304
322	367		traffic violations and jurisdiction of bureau, and enacting a new Code Section 40-13-60 to305
323	368		read as follows:306
324	369		"40-13-60.307
325	370		Any traffic violation under the jurisdiction of the traffic violations bureau shall be308
326	371		characterized and classified as a traffic violation and shall not be considered as a309
327	372		misdemeanor. Whenever any traffic violation is transferred from another court to a court310
328	373		which has a traffic violations bureau, if such offense is classified as a traffic violation on311
329	374		the traffic violations bureau schedule of the receiving court, such violation shall be handled312
330	375		and disposed of by such traffic violations bureau. Where a defendant demands a trial on313
331	376		a traffic violation, it shall be transferred to a court in the jurisdiction which established the314
332		-	- 13 - 25 LC 39 4767S
	377	+	H. B. 485 (SUB)
	378	+	- 13 - 25 LC 39 4672S
333	379		traffic violations bureau; provided, however, that such request for a trial shall not result in315
334	380		a loss of jurisdiction by the traffic violations bureau."316
335	381		SECTION 3-5.317
336	382		Said Code is further amended by repealing Code Section 48-7-2, relating to unlawful failure318
337	383		to pay income tax, file return, keep records, supply information, or exhibit books and penalty,319
338	384		and enacting a new Code Section 48-7-2 to read as follows:320
339	385		"48-7-2.321
340	386		(a) It shall be unlawful for any person who is required under this chapter to pay any tax,322
341	387		make any return, keep any records, supply any information, or exhibit any books or records323
342	388		for the purpose of computation, assessment, or collection of any tax imposed by this324
343	389		chapter to fail to:325
344	390		(1) Pay the tax;326
345	391		(2) Make the return;327
346	392		(3) Keep the records; or328
347	393		(4) When requested to do so by the commissioner:329
348	394		(A) Supply the information; or330
349	395		(B) Exhibit the books or records.331
350	396		(b) In addition to other penalties provided by law, any person who violates subsection (a)332
351	397		of this Code section shall be guilty of a misdemeanor; provided, however, that punishment333
352		-	for failure to pay tax owed shall be limited to a fine of not more than $1,000.00."334
	398	+	for failure to pay tax owed shall be limited to a fine of not more than $1,000.000."334
353	399		SECTION 3-6.335
354	400		Said Code is further amended by repealing Code Section 48-13-6, relating to levy of336
355	401		occupation tax by counties and municipalities on businesses and practitioners of professions337
356	402		and occupations and hearing on tax increase, and enacting a new Code Section 48-13-6 to338
357	403		read as follows:339
358		-	- 14 - 25 LC 39 4767S
	404	+	H. B. 485 (SUB)
	405	+	- 14 - 25 LC 39 4672S
359	406		"48-13-6.340
360	407		(a) Except as to those businesses and practitioners of professions and occupations excluded341
361	408		by subsection (a) of Code Section 48-13-16, those persons excluded by Code342
362	409		Section 43-12-1, and those persons engaged in the authorized practice of law, the343
363	410		governing authority of each county shall be authorized but not required to:344
364	411		(1) Provide by local ordinance or resolution for the levy, assessment, and collection of345
365	412		occupation tax on those businesses and practitioners of professions and occupations with346
366	413		one or more locations or offices in the unincorporated part of the county and to provide347
367	414		for the punishment of violation of such a local ordinance or resolution;348
368	415		(2) Classify businesses and practitioners of professions and occupations and to assess349
369	416		different taxes on different classes of businesses and practitioners; and350
370	417		(3) Provide by local ordinance or resolution for requiring information from businesses351
371	418		and practitioners of professions and occupations doing business in the unincorporated352
372	419		part of the county regarding the site of any location or office and payment of occupation353
373	420		taxes or regulatory fees to other local governments and to provide for the punishment for354
374	421		violation of such a local ordinance or resolution.355
375	422		(b) Except as to those businesses and practitioners of professions and occupations356
376	423		excluded by subsection (a) of Code Section 48-13-16, those persons excluded by Code357
377	424		Section 43-12-1, and those persons engaged in the authorized practice of law, the358
378	425		governing authority of each municipal corporation shall be authorized but not required to:359
379	426		(1) Provide by local ordinance or resolution for the levy, assessment, and collection of360
380	427		occupation tax on those businesses and practitioners of professions and occupations with361
381	428		one or more locations or offices within the corporate limits of the municipality and to362
382	429		provide for the punishment of violation of such a local ordinance or resolution;363
383	430		(2) Classify businesses and practitioners of professions and occupations and to assess364
384	431		different taxes on different classes of businesses and practitioners; and365
385		-	- 15 - 25 LC 39 4767S
	432	+	H. B. 485 (SUB)
	433	+	- 15 - 25 LC 39 4672S
386	434		(3) Provide by local ordinance or resolution for requiring information from businesses366
387	435		and practitioners of professions and occupations doing business within the corporate367
388	436		limits of the municipality regarding the site of any location or office and payment of368
389	437		occupation taxes or regulatory fees to other local governments and to provide for the369
390	438		punishment for violation of such a local ordinance or resolution.370
391	439		(c) After April 11, 1995, any local government shall conduct at least one public hearing371
392	440		prior to the adoption of any ordinance or resolution regarding an occupation tax authorized372
393	441		by this Code section.373
394	442		(d) This Code section shall supercede any provision of local law or city charter that374
395	443		authorizes taxes upon professions set forth in this Code section."375
396	444		PART IV376
397	445		Repealer377
398	446		SECTION 4-1.378
399	447		All laws and parts of laws in conflict with this Act are repealed.379
	448	+	H. B. 485 (SUB)
400	449		- 16 -