HB485: HB485 Official Code of Georgia Annotated; various provisions enacted prior to 2013 which are contingent upon funding and which remain unfunded; repeal

26 LC 39 5113S The Senate Committee on Rules offered 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prior to 2013 which are contingent upon funding and which remai n unfunded; to revise2 various provisions to update outdated terminology or references ; to repeal various Code3 sections or portions thereof held to be unconstitutional; to repeal and replace Code Sections4 40-13-60,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 traff ic 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 appointment of chairperson and vice chairperson for12 the Geo. L. Smith II Georgia World Congress Center Oversight Au thority; to provide for13 related matters; to repeal conflicting laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 - 1 - 26 LC 39 5113S PART I16 Contingency provisions17 SECTION 1-1.18 The Official Code of Georgia Annotated is amended by repealing and reserving the19 following:20 (1) Article 12 of Chapter 4 of Title 26, relating to prescription medication integrity.21 (2) Chapter 30 of Title 31, relating to reports on veterans exposed to Agent Orange.22 (3) Subsections (d) and (f) of Code Section 35-8-26, relating to TASER and electronic23 control weapons, requirements for use, establishment of policies, and training.24 (4) Subsection (k) of Code Section 43-34-8, relating to author ity of Georgia Composite25 Medical Board to refuse license, certificate, or permit or issu e discipline, suspension,26 restoration, investigations, hearings on fitness, immunity, and publication of final27 disciplinary actions.28 SECTION 1-2.29 Said Code is further amended in Code Section 31-8-302, relating to procedures for donation30 and dispensing of unused over-the-counter and prescription drugs, by revising subsection (i)31 as follows:32 "(i) The donation, brokering, or other facilitation of a donation of a drug pursuant to this33 program shall not be considered wholesale distribution as defin ed in Code Section34 26-4-201 and shall not be subject to or require licensure as a wholesale distributor pursuant35 to Chapter 4 of Title 26."36 SECTION 1-3.37 An Act revising the "Georgia Veterinary Practice Act," approved June 3, 200338 (Ga. L. 2003, p. 615/HB 347), is amended by repealing Part II.39 - 2 - 26 LC 39 5113S PART II40 Terminology modernizations and various clean up41 SECTION 2-1.42 The Official Code of Georgia Annotated is amended by revising Code Section 7-4-8, relating43 to commission to third person does not make lawful interest usurious, as follows:44 "7-4-8.45 Except as the application of this Code section is modified by Code Section 7-3-5, where46 Where the lender neither takes nor contracts to take more than lawful interest, the loan is47 not rendered usurious by money paid or agreed to be paid others by the borrower in order48 to obtain the loan."49 SECTION 2-2.50 Said Code is further amended in Code Section 20-2-206, relating to alternative teacher51 certification program and creditable service, by revising subsection (b) as follows:52 "(b)(1) Each local school system may provide an alternative teacher certification program53 upon approval by the Professional Standards Commission for a secondary school teacher54 candidate to teach a course or courses in a core academic subject who:55 (A) Possesses a master's degree, doctoral degree, or Juris Doc tor in each academic56 subject in which the candidate will teach;57 (B) Receives high-quality professional development that is sus tained, intensive, and58 classroom focused in order to have a positive and lasting impac t on classroom59 instruction, before and while teaching;60 (C) Participates in a program of intensive supervision that co nsists of structured61 guidance and regular ongoing support for teachers or a teacher mentoring program;62 (D) Assumes functions as a teacher only for a specified period of time not to exceed63 three years; and64 - 3 - 26 LC 39 5113S (E) Demonstrates satisfactory progress toward full certificati on as prescribed by the65 Professional Standards Commission.66 (2) The Professional Standards Commission shall apply the leas t restrictive standards67 when approving a school system developed program under this subsection.68 (3) Any teacher certified pursuant to this subsection shall be considered a highly69 qualified teacher for purposes of the federal No Child Left Behind Act (P.L. 107-110)."70 SECTION 2-3.71 Said Code is further amended in Code Section 20-2-1160, relatin g to local boards to be72 tribunals to determine school law controversies, appeals, and special provisions for disabled73 children, by revising subsection (f) as follows:74 "(f) The procedures provided in subsections (a) through (e) of this Code section shall not75 be applicable to disabled children when a hearing is necessary to decide a complaint made76 under the federal Education for All Handicapped Children Act of 1975 Individuals with77 Disabilities Education Act. The state board shall promulgate by rules and regulations an78 impartial due process procedure for hearing and determining any m a t t e r o f l o c a l79 controversy in reference to the construction or administration of the school law with respect80 to disabled children as such term is defined by the state board. Any tribunal which the state81 board shall empower to hear such cases shall have the power to summon witnesses and take82 testimony as such tribunal deems it necessary. In promulgating such rules and regulations,83 the state board shall consult with local boards of education and other local school officials84 in order to establish procedures required by this subsection which will coordinate, to the85 extent practicable, with the administrative practices of such local boards."86 SECTION 2-4.87 Said Code is further amended in Code Section 20-2-2116, relating to amount of scholarship88 for special needs students and method of payments, by revising subsection (c) as follows:89 - 4 - 26 LC 39 5113S "(c) Scholarship students shall be counted in the enrollment of their resident school system;90 provided, however, that this count shall only be for purposes of determining the amount of91 the scholarship and the scholarship students shall not be included as enrolled for purposes92 of state or federal accountability requirements, including, but not limited to, the federal93 Elementary and Secondary Education Act, as amended by the No Child Left Behind Act94 of 2001 (P.L. 107-110) federal Every Student Succeeds Act of 2015, 20 U.S.C. Section95 6301. The funds needed to provide a scholarship shall be subtracte d from the allotment96 payable to the resident school system."97 SECTION 2-5.98 Said Code is further amended in Code Section 20-2-2131, relating to enrollment of students99 in school to which not originally assigned, procedure, annual notification, and exception, by100 revising paragraph (4) of subsection (a) as follows:101 "(4) This subsection shall not be construed to affect any stude nt currently attending a102 school other than the school to which the student has been assigned by the local board of103 education pursuant to a transfer authorized under the federal No Child Left Behind Act104 (P.L. 107-110) Every Student Succeeds Act of 2015, 20 U.S.C. Section 6301."105 SECTION 2-6.106 Said Code is further amended by repealing Code Section 40-5-4.1 , relating to authorized107 delay in compliance with federal Real ID Act.108 SECTION 2-7.109 Said Code is further amended by revising Code Section 40-6-56, relating to procedure for110 passing a bicyclist, as follows:111 - 5 - 26 LC 39 5113S "40-6-56.112 (a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with113 due caution and, when traveling in the same direction, shall proceed as follows:114 (1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing115 road and traffic conditions; or116 (2) If a lane change under paragraph (1) of this subsection wo uld be impossible,117 prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and118 proper speed for the existing road and traffic conditions, which speed shall be at least ten119 miles per hour less than the posted speed limit or 25 miles per hour, whichever is more,120 and proceed around the bicycle with at least three feet between such vehicle and the121 bicycle at all times.122 (b) Any violation of this Code section shall be a misdemeanor punished by a fine of not123 more than $250.00."124 SECTION 2-8.125 Said Code is further amended in Code Section 43-15-13.1, relati ng to requirements for126 professional land surveyors engaged in design of storm-water management plans, facilities,127 water distribution lines, and sanitary sewer collection systems, by revising paragraph (2) as128 follows:129 "(2) Complete an additional three semester hours of coursework in hydrology, possess130 the requisite experience required by the board, and pass the hydrology exam. The131 licensing record for such individual as available to the public s h a l l b e m a r k e d a s132 'hydrology and design authorized.'"133 SECTION 2-9.134 Said Code is further amended by revising Code Section 43-20-11, relating to apprentice135 dispenser's permit and training permits, as follows:136 - 6 - 26 LC 39 5113S "43-20-11.137 (a) An apprentice dispenser's permit shall be issued by the division director on behalf of138 the board only when:139 (1) Application has been made;140 (2) A statement of supervision has been provided by a licensed dispenser;141 (3) A statement has been made by the supervising dealer that the applicant is capable of142 making the tests and applying the techniques required to dispen se hearing aids in143 accordance with this chapter;144 (4) Proof of age has been made. Apprentice dispensers' permits are limited to one year145 in duration and shall not be renewed; and146 (5) The applicant has passed the practical portion of the examination.147 (b) Apprentice dispensers' permits are limited to one year in duration and shall not be148 renewed.149 (c) Training permits shall be issued by the division director on behalf of the board only150 when application has been made and a statement of supervision h as been provided by a151 licensed dispenser. The permit should authorize the person to dispense hearing aids only152 under direct supervision and immediate observation of the licensed dispenser who shall be153 responsible for the trainees' compliance with this chapter. Proof of age shall also be made. 154 Training permits should be for a duration of six months and may be renewed as often as155 necessary for additional six-month time periods so long as the requirements of this Code156 section for issuance of permits are met for each renewal."157 SECTION 2-10.158 Said Code is further amended by revising Code Section 44-3-234, relating to application of159 article relative to property owners' associations, as follows:160 - 7 - 26 LC 39 5113S "44-3-234.161 The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d)162 of Code Section 44-5-60 shall not apply to any covenants contai ned in any instrument163 created pursuant to or submitted pursuant to this article."164 SECTION 2-11.165 Said Code is further amended in Code Section 50-8-60, relating to definitions relative to166 conflicts of interest in contract administration by the Department of Community Affairs, by167 revising paragraph (4) as follows:168 "(4) Reserved. 'Council member' means any member of the council of a regiona l169 commission established under Article 2 of this chapter."170 PART III171 Unconstitutional provisions172 SECTION 3-1.173 Said Code is further amended by repealing Code Section 3-7-43, relating to issuance of174 alcoholic beverage licenses to private clubs by governing authorities of certain counties and175 municipalities, privileges conferred by licenses, rules and reg ulations, and sale by176 wholesalers to licensees.177 SECTION 3-2.178 Said Code is further amended by repealing and reserving the following:179 (1) Paragraph (6) of Code Section 10-1-233, relating to acts of gasoline distributor violating180 article relative to gasoline marketing practices.181 (2) Code Section 16-11-34, relating to preventing or disrupting lawful meetings, gatherings,182 or processions.183 - 8 - 26 LC 39 5113S (3) Code Section 20-2-1182, relating to persons other than stu dents who insult or abuse184 school teachers in presence of pupils may be ordered to leave school premises.185 (4) Code Section 36-1-16, relating to garbage, trash, waste, or refuse not to be transported186 across state or county boundaries for dumping without permission and exemption.187 (5) Code Section 36-6-27, relating to execution against county treasurer for failure to pay188 over money.189 (6) Code Section 40-1-4, relating to stickers, decals, or embl ems upon motor vehicles190 containing profane or lewd words describing sexual acts, excretory functions, or parts of the191 human body.192 (7) Code Section 40-2-111, relating to highway use permit required for certain unregistered193 motor trucks, application, fee, and identification tag to be displayed and permit to be carried194 in truck. 195 (8) Code Section 40-2-112, relating to additional fee for each round trip by an unregistered196 motor truck into state.197 (9) Paragraph (1) of subsection (a) of Code Section 40-2-114, relating to unlawful acts and198 penalties.199 (10) Subparagraph (B.1) of paragraph (3) of Code Section 48-5- 2, relating to definitions200 relative to ad valorem taxation of property.201 SECTION 3-3.202 Said Code is further amended by repealing Code Section 40-13-60, relating to disposition of203 traffic violations and jurisdiction of bureau, and enacting a new Code Section 40-13-60 to204 read as follows:205 "40-13-60.206 Any traffic violation under the jurisdiction of the traffic vio lations bureau shall be207 characterized and classified as a traffic violation and shall n ot be considered as a208 misdemeanor. Whenever any traffic violation is transferred from another court to a court209 - 9 - 26 LC 39 5113S which has a traffic violations bureau, if such offense is classified as a traffic violation on210 the traffic violations bureau schedule of the receiving court, such violation shall be handled211 and disposed of by such traffic violations bureau. Where a defendant demands a trial on212 a traffic violation, it shall be transferred to a court in the jurisdiction which established the213 traffic violations bureau; provided, however, that such request for a trial shall not result in214 a loss of jurisdiction by the traffic violations bureau."215 SECTION 3-4.216 Said Code is further amended by repealing Code Section 48-7-2, relating to unlawful failure217 to pay income tax, file return, keep records, supply information, or exhibit books and penalty,218 and enacting a new Code Section 48-7-2 to read as follows:219 "48-7-2.220 (a) It shall be unlawful for any person who is required under this chapter to pay any tax,221 make any return, keep any records, supply any information, or exhibit any books or records222 for the purpose of computation, assessment, or collection of an y tax imposed by this223 chapter to fail to:224 (1) Pay the tax;225 (2) Make the return;226 (3) Keep the records; or227 (4) When requested to do so by the commissioner:228 (A) Supply the information; or229 (B) Exhibit the books or records.230 (b) In addition to other penalties provided by law, any person who violates subsection (a)231 of this Code section shall be guilty of a misdemeanor; provided, however, that punishment232 for failure to pay tax owed shall be limited to a fine of not more than $1,000.00."233 - 10 - 26 LC 39 5113S SECTION 3-5.234 Said Code is further amended by repealing Code Section 48-13-6, relating to levy of235 occupation tax by counties and municipalities on businesses and practitioners of professions236 and occupations and hearing on tax increase, and enacting a new Code Section 48-13-6 to237 read as follows:238 "48-13-6.239 (a) Except as to those businesses and practitioners of professions and occupations excluded240 by subsection (a) of Code Section 48-13-16, those persons exclu ded by Code241 Section 43-12-1, and those persons engaged in the authorized pr actice of law, the242 governing authority of each county shall be authorized but not required to:243 (1) Provide by local ordinance or resolution for the levy, assessment, and collection of244 occupation tax on those businesses and practitioners of professions and occupations with245 one or more locations or offices in the unincorporated part of the county and to provide246 for the punishment of violation of such a local ordinance or resolution;247 (2) Classify businesses and practitioners of professions and o ccupations and to assess248 different taxes on different classes of businesses and practitioners; and249 (3) Provide by local ordinance or resolution for requiring information from businesses250 and practitioners of professions and occupations doing business in the unincorporated251 part of the county regarding the site of any location or office and payment of occupation252 taxes or regulatory fees to other local governments and to provide for the punishment for253 violation of such a local ordinance or resolution.254 (b) Except as to those businesses and practitioners of profess ions and occupations255 excluded by subsection (a) of Code Section 48-13-16, those pers ons excluded by Code256 Section 43-12-1, and those persons engaged in the authorized pr actice of law, the257 governing authority of each municipal corporation shall be authorized but not required to:258 (1) Provide by local ordinance or resolution for the levy, assessment, and collection of259 occupation tax on those businesses and practitioners of professions and occupations with260 - 11 - 26 LC 39 5113S one or more locations or offices within the corporate limits of the municipality and to261 provide for the punishment of violation of such a local ordinance or resolution;262 (2) Classify businesses and practitioners of professions and o ccupations and to assess263 different taxes on different classes of businesses and practitioners; and264 (3) Provide by local ordinance or resolution for requiring information from businesses265 and practitioners of professions and occupations doing business within the corporate266 limits of the municipality regarding the site of any location o r office and payment of267 occupation taxes or regulatory fees to other local governments and to provide for the268 punishment for violation of such a local ordinance or resolution.269 (c) After April 11, 1995, any local government shall conduct at least one public hearing270 prior to the adoption of any ordinance or resolution regarding an occupation tax authorized271 by this Code section.272 (d) This Code section shall supercede any provision of local l aw or city charter that273 authorizes taxes upon professions set forth in this Code section."274 PART IV275 Geo. L. Smith II Georgia World Congress Center276 SECTION 4-1.277 Article 2 of Chapter 9 of Title 10 of the Official Code of Geor gia Annotated, relating to278 overview committee of the Geo. L. Smith II Georgia World Congress Center, is amended by279 revising Code Section 10-9-20, relating to Geo. L. Smith II Georgia World Congress Center280 Authority Overview Committee created, composition, officers, and duties, as follows:281 "10-9-20.282 There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia283 World Congress Center Authority Overview Committee to be composed of five members284 of the House of Representatives appointed by the Speaker of the House, one of whom shall285 - 12 - 26 LC 39 5113S be a member of the minority party, five members of the Senate a ppointed by the Senate286 Committee on Assignments, one of whom shall be a member of the minority party, the287 chairperson of the House Committee on Economic Development and Tourism or his or her288 designee, and the chairperson of the Senate Committee on Econom ic Development and289 Tourism or his or her designee. The members of the committee shall serve two-year terms290 concurrent with their terms as members of the General Assembly. The chairperson and291 vice chairperson shall be appointed from the membership of the committee. From the292 effective date of this Act until the third Monday of January, 2 027, and every two years293 thereafter, the chairperson of the committee shall be appointed by the Senate Committee294 on Assignments from the membership of the committee, and the vice chairperson of the295 committee shall be appointed by the Speaker of the House from t he membership of the296 committee of Representatives. On the third Tuesday of January, 2027, and every two years297 thereafter, the chairperson of the committee shall be appointed by the Speaker of the House298 of Representatives and the vice chairperson shall be appointed by the Senate Committee299 on Assignments. The chairperson and vice chairperson shall serve terms of tw o years300 c o n c u r r e n t w i t h t h e i r t e r m s a s m e m b e r s o f t h e G e n e r a l A s s e m b l y . Vacancies in an301 appointed member's position or in the offices of chairperson or vice chairperson of the302 committee shall be filled for the unexpired term in the same ma nner as the original303 appointment. The committee shall periodically inquire into and review the operations of304 the Geo. L. Smith II Georgia World Congress Center Authority, a s well as periodically305 review and evaluate the success with which the authority is acc omplishing its statutory306 duties and functions as provided in this chapter."307 - 13 - 26 LC 39 5113S PART V308 Repealer309 SECTION 5-1.310 All laws and parts of laws in conflict with this Act are repealed.311 - 14 -