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 enacted
prior to 2013 which are contingent upon funding and which remain unfunded; to revise
various provisions to update outdated terminology or references; to repeal various Code
sections or portions thereof held to be unconstitutional; to repeal and replace Code Sections
40-13-60, 48-7-2, and 48-13-6, relating to disposition of traffic violations and jurisdiction
of bureau, unlawful failure to pay income tax, file return, keep records, supply information,
or exhibit books and penalty, and levy of occupation tax by counties and municipalities on
businesses and practitioners of professions and occupations and hearing on tax increase,
respectively, so as to correct unconstitutional provisions; to provide for conforming changes;
to amend an Act revising the "Georgia Veterinary Practice Act," approved June 3, 2003 (Ga.
L. 2003, p. 615/HB 347), so as to repeal provisions which are contingent upon funding and
which remain unfunded; to provide for appointment of chairperson and vice chairperson for
the Geo. L. Smith II Georgia World Congress Center Oversight Authority; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
Contingency provisions
SECTION 1-1.
The Official Code of Georgia Annotated is amended by repealing and reserving the
following:
(1) Article 12 of Chapter 4 of Title 26, relating to prescription medication integrity.
(2) Chapter 30 of Title 31, relating to reports on veterans exposed to Agent Orange.
(3) Subsections (d) and (f) of Code Section 35-8-26, relating to TASER and electronic
control weapons, requirements for use, establishment of policies, and training.
(4) Subsection (k) of Code Section 43-34-8, relating to authority of Georgia Composite
Medical Board to refuse license, certificate, or permit or issue discipline, suspension,
restoration, investigations, hearings on fitness, immunity, and publication of final
disciplinary actions.
SECTION 1-2.
Said Code is further amended in Code Section 31-8-302, relating to procedures for donation
and dispensing of unused over-the-counter and prescription drugs, by revising subsection (i)
as follows:
"(i) The donation, brokering, or other facilitation of a donation of a drug pursuant to this
program shall not be considered wholesale distribution <del>as defined in Code Section
26-4-201</del> and shall not be subject to or require licensure as a wholesale distributor pursuant
to Chapter 4 of Title 26."
SECTION 1-3.
An Act revising the "Georgia Veterinary Practice Act," approved June 3, 2003
(Ga. L. 2003, p. 615/HB 347), is amended by repealing Part II.
PART II
Terminology modernizations and various clean up
SECTION 2-1.
The Official Code of Georgia Annotated is amended by revising Code Section 7-4-8, relating
to commission to third person does not make lawful interest usurious, as follows:
"7-4-8.
<del>Except as the application of this Code section is modified by Code Section 7-3-5, where
</del> <ins>Where</ins> the lender neither takes nor contracts to take more than lawful interest, the loan is
not rendered usurious by money paid or agreed to be paid others by the borrower in order
to obtain the loan."
SECTION 2-2.
Said Code is further amended in Code Section 20-2-206, relating to alternative teacher
certification program and creditable service, by revising subsection (b) as follows:
"(b)(1) Each local school system may provide an alternative teacher certification program
upon approval by the Professional Standards Commission for a secondary school teacher
candidate to teach a course or courses in a core academic subject who:
(A) Possesses a master's degree, doctoral degree, or Juris Doctor in each academic
subject in which the candidate will teach;
(B) Receives high-quality professional development that is sustained, intensive, and
classroom focused in order to have a positive and lasting impact on classroom
instruction, before and while teaching;
(C) Participates in a program of intensive supervision that consists of structured
guidance and regular ongoing support for teachers or a teacher mentoring program;
(D) Assumes functions as a teacher only for a specified period of time not to exceed
three years; and
(E) Demonstrates satisfactory progress toward full certification as prescribed by the
Professional Standards Commission.
(2) The Professional Standards Commission shall apply the least restrictive standards
when approving a school system developed program under this subsection.
<del>(3) Any teacher certified pursuant to this subsection shall be considered a highly
qualified teacher for purposes of the federal No Child Left Behind Act (P.L. 107-110)."
</del> SECTION 2-3.
Said Code is further amended in Code Section 20-2-1160, relating to local boards to be
tribunals to determine school law controversies, appeals, and special provisions for disabled
children, by revising subsection (f) as follows:
"(f) The procedures provided in subsections (a) through (e) of this Code section shall not
be applicable to disabled children when a hearing is necessary to decide a complaint made
under the federal <del>Education for All Handicapped Children Act of 1975</del> <ins>Individuals with
Disabilities Education Act.</ins> The state board shall promulgate by rules and regulations an
impartial due process procedure for hearing and determining any matter of local
controversy in reference to the construction or administration of the school law with respect
to disabled children as such term is defined by the state board. Any tribunal which the state
board shall empower to hear such cases shall have the power to summon witnesses and take
testimony as such tribunal deems it necessary. In promulgating such rules and regulations,
the state board shall consult with local boards of education and other local school officials
in order to establish procedures required by this subsection which will coordinate, to the
extent practicable, with the administrative practices of such local boards."
SECTION 2-4.
Said Code is further amended in Code Section 20-2-2116, relating to amount of scholarship
for special needs students and method of payments, by revising subsection (c) as follows:
"(c) Scholarship students shall be counted in the enrollment of their resident school system;
provided, however, that this count shall only be for purposes of determining the amount of
the scholarship and the scholarship students shall not be included as enrolled for purposes
of state or federal accountability requirements, including, but not limited to, the federal
Elementary and Secondary Education Act, as amended by the <del>No Child Left Behind Act
of 2001 (P.L. 107-110)</del> <ins>federal Every Student Succeeds Act of 2015, 20 U.S.C. Section
6301.</ins> The funds needed to provide a scholarship shall be subtracted from the allotment
payable to the resident school system."
SECTION 2-5.
Said Code is further amended in Code Section 20-2-2131, relating to enrollment of students
in school to which not originally assigned, procedure, annual notification, and exception, by
revising paragraph (4) of subsection (a) as follows:
"(4) This subsection shall not be construed to affect any student currently attending a
school other than the school to which the student has been assigned by the local board of
education pursuant to a transfer authorized under the federal <del>No Child Left Behind Act
(P.L. 107-110)</del> <ins>Every Student Succeeds Act of 2015, 20 U.S.C. Section 6301."
</ins> SECTION 2-6.
Said Code is further amended by repealing Code Section 40-5-4.1, relating to authorized
delay in compliance with federal Real ID Act.
SECTION 2-7.
Said Code is further amended by revising Code Section 40-6-56, relating to procedure for
passing a bicyclist, as follows:
"40-6-56.
(a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with
due caution and, <ins>when traveling in the same direction,</ins> shall proceed as follows:
(1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing
road and traffic conditions; or
(2) If a lane change under paragraph (1) of this subsection would be impossible,
prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and
proper speed for the existing road and traffic conditions, which speed shall be at least ten
miles per hour less than the posted speed limit or 25 miles per hour, whichever is more,
and proceed around the bicycle with at least three feet between such vehicle and the
bicycle at all times.
(b) Any violation of this Code section shall be a misdemeanor punished by a fine of not
more than $250.00."
SECTION 2-8.
Said Code is further amended in Code Section 43-15-13.1, relating to requirements for
professional land surveyors engaged in design of storm-water management plans, facilities,
water distribution lines, and sanitary sewer collection systems, by revising paragraph (2) as
follows:
"(2) Complete an additional three semester hours of coursework in hydrology, possess
the requisite <ins>experience</ins> required by the board, and pass the hydrology exam. The
licensing record for such individual as available to the public shall be marked as
'hydrology and design authorized.'"
SECTION 2-9.
Said Code is further amended by revising Code Section 43-20-11, relating to apprentice
dispenser's permit and training permits, as follows:
"43-20-11.
(a) An apprentice dispenser's permit shall be issued by the division director on behalf of
the board only when:
(1) Application has been made;
(2) A statement of supervision has been provided by a licensed dispenser;
(3) A statement has been made by the supervising dealer that the applicant is capable of
making the tests and applying the techniques required to dispense hearing aids in
accordance with this chapter;
(4) Proof of age has been made. <del>Apprentice dispensers' permits are limited to one year
in duration and shall not be renewed;</del> and
(5) The applicant has passed the practical portion of the examination.
(b) <ins>Apprentice dispensers' permits are limited to one year in duration and shall not be
renewed.
(c)</ins> Training permits shall be issued by the division director on behalf of the board only
when application has been made and a statement of supervision has been provided by a
licensed dispenser. The permit should authorize the person to dispense hearing aids only
under direct supervision and immediate observation of the licensed dispenser who shall be
responsible for the trainees' compliance with this chapter. Proof of age shall also be made.
Training permits should be for a duration of six months and may be renewed as often as
necessary for additional six-month time periods so long as the requirements of this Code
section for issuance of permits are met for each renewal."
SECTION 2-10.
Said Code is further amended by revising Code Section 44-3-234, relating to application of
article relative to property owners' associations, as follows:
"44-3-234.
The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d)
of Code Section 44-5-60 shall not apply to any covenants contained in any instrument
created pursuant to or submitted <ins>pursuant</ins> to this article."
SECTION 2-11.
Said Code is further amended in Code Section 50-8-60, relating to definitions relative to
conflicts of interest in contract administration by the Department of Community Affairs, by
revising paragraph (4) as follows:
"(4) <ins>Reserved.</ins> <del>'Council member' means any member of the council of a regional
commission established under Article 2 of this chapter."
</del> PART III
Unconstitutional provisions
SECTION 3-1.
Said Code is further amended by repealing Code Section 3-7-43, relating to issuance of
alcoholic beverage licenses to private clubs by governing authorities of certain counties and
municipalities, privileges conferred by licenses, rules and regulations, and sale by
wholesalers to licensees.
SECTION 3-2.
Said Code is further amended by repealing and reserving the following:
(1) Paragraph (6) of Code Section 10-1-233, relating to acts of gasoline distributor violating
article relative to gasoline marketing practices.
(2) Code Section 16-11-34, relating to preventing or disrupting lawful meetings, gatherings,
or processions.
(3) Code Section 20-2-1182, relating to persons other than students who insult or abuse
school teachers in presence of pupils may be ordered to leave school premises.
(4) Code Section 36-1-16, relating to garbage, trash, waste, or refuse not to be transported
across state or county boundaries for dumping without permission and exemption.
(5) Code Section 36-6-27, relating to execution against county treasurer for failure to pay
over money.
(6) Code Section 40-1-4, relating to stickers, decals, or emblems upon motor vehicles
containing profane or lewd words describing sexual acts, excretory functions, or parts of the
human body.
(7) Code Section 40-2-111, relating to highway use permit required for certain unregistered
motor trucks, application, fee, and identification tag to be displayed and permit to be carried
in truck.
(8) Code Section 40-2-112, relating to additional fee for each round trip by an unregistered
motor truck into state.
(9) Paragraph (1) of subsection (a) of Code Section 40-2-114, relating to unlawful acts and
penalties.
(10) Subparagraph (B.1) of paragraph (3) of Code Section 48-5-2, relating to definitions
relative to ad valorem taxation of property.
SECTION 3-3.
Said Code is further amended by repealing Code Section 40-13-60, relating to disposition of
traffic violations and jurisdiction of bureau, and enacting a new Code Section 40-13-60 to
read as follows:
<ins>"40-13-60.
Any traffic violation under the jurisdiction of the traffic violations bureau shall be
characterized and classified as a traffic violation and shall not be considered as a
misdemeanor. Whenever any traffic violation is transferred from another court to a court
</ins>
<ins>which has a traffic violations bureau, if such offense is classified as a traffic violation on
the traffic violations bureau schedule of the receiving court, such violation shall be handled
and disposed of by such traffic violations bureau. Where a defendant demands a trial on
a traffic violation, it shall be transferred to a court in the jurisdiction which established the
traffic violations bureau; provided, however, that such request for a trial shall not result in
a loss of jurisdiction by the traffic violations bureau."
</ins> SECTION 3-4.
Said Code is further amended by repealing Code Section 48-7-2, relating to unlawful failure
to pay income tax, file return, keep records, supply information, or exhibit books and penalty,
and enacting a new Code Section 48-7-2 to read as follows:
<ins>"48-7-2.
(a) It shall be unlawful for any person who is required under this chapter to pay any tax,
make any return, keep any records, supply any information, or exhibit any books or records
for the purpose of computation, assessment, or collection of any tax imposed by this
chapter to fail to:
(1) Pay the tax;
(2) Make the return;
(3) Keep the records; or
(4) When requested to do so by the commissioner:
(A) Supply the information; or
(B) Exhibit the books or records.
(b) In addition to other penalties provided by law, any person who violates subsection (a)
of this Code section shall be guilty of a misdemeanor; provided, however, that punishment
for failure to pay tax owed shall be limited to a fine of not more than $1,000.00."
</ins>
SECTION 3-5.
Said Code is further amended by repealing Code Section 48-13-6, relating to levy of
occupation tax by counties and municipalities on businesses and practitioners of professions
and occupations and hearing on tax increase, and enacting a new Code Section 48-13-6 to
read as follows:
<ins>"48-13-6.
(a) Except as to those businesses and practitioners of professions and occupations excluded
by subsection (a) of Code Section 48-13-16, those persons excluded by Code
Section 43-12-1, and those persons engaged in the authorized practice of law, the
governing authority of each county shall be authorized but not required to:
(1) Provide by local ordinance or resolution for the levy, assessment, and collection of
occupation tax on those businesses and practitioners of professions and occupations with
one or more locations or offices in the unincorporated part of the county and to provide
for the punishment of violation of such a local ordinance or resolution;
(2) Classify businesses and practitioners of professions and occupations and to assess
different taxes on different classes of businesses and practitioners; and
(3) Provide by local ordinance or resolution for requiring information from businesses
and practitioners of professions and occupations doing business in the unincorporated
part of the county regarding the site of any location or office and payment of occupation
taxes or regulatory fees to other local governments and to provide for the punishment for
violation of such a local ordinance or resolution.
(b) Except as to those businesses and practitioners of professions and occupations
excluded by subsection (a) of Code Section 48-13-16, those persons excluded by Code
Section 43-12-1, and those persons engaged in the authorized practice of law, the
governing authority of each municipal corporation shall be authorized but not required to:
(1) Provide by local ordinance or resolution for the levy, assessment, and collection of
occupation tax on those businesses and practitioners of professions and occupations with
</ins>
<ins>one or more locations or offices within the corporate limits of the municipality and to
provide for the punishment of violation of such a local ordinance or resolution;
(2) Classify businesses and practitioners of professions and occupations and to assess
different taxes on different classes of businesses and practitioners; and
(3) Provide by local ordinance or resolution for requiring information from businesses
and practitioners of professions and occupations doing business within the corporate
limits of the municipality regarding the site of any location or office and payment of
occupation taxes or regulatory fees to other local governments and to provide for the
punishment for violation of such a local ordinance or resolution.
(c) After April 11, 1995, any local government shall conduct at least one public hearing
prior to the adoption of any ordinance or resolution regarding an occupation tax authorized
by this Code section.
(d) This Code section shall supercede any provision of local law or city charter that
authorizes taxes upon professions set forth in this Code section."
</ins> PART IV
Geo. L. Smith II Georgia World Congress Center
SECTION 4-1.
Article 2 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to
overview committee of the Geo. L. Smith II Georgia World Congress Center, is amended by
revising Code Section 10-9-20, relating to Geo. L. Smith II Georgia World Congress Center
Authority Overview Committee created, composition, officers, and duties, as follows:
"10-9-20.
There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia
World Congress Center Authority Overview Committee to be composed of five members
of the House of Representatives appointed by the Speaker of the House, one of whom shall
be a member of the minority party, five members of the Senate appointed by the Senate
Committee on Assignments, one of whom shall be a member of the minority party, the
chairperson of the House Committee on Economic Development and Tourism or his or her
designee, and the chairperson of the Senate Committee on Economic Development and
Tourism or his or her designee. The members of the committee shall serve two-year terms
concurrent with their terms as members of the General Assembly. The <ins>chairperson and
vice chairperson shall be appointed from the membership of the committee. From the
effective date of this Act until the third Monday of January, 2027, and every two years
thereafter, the</ins> chairperson of the committee shall be appointed by the Senate Committee
on Assignments <del>from the membership of the committee,</del> and the vice chairperson of the
committee shall be appointed by the Speaker of the House <del>from the membership of the
committee</del> <ins>of Representatives. On the third Tuesday of January, 2027, and every two years
thereafter, the chairperson of the committee shall be appointed by the Speaker of the House
of Representatives and the vice chairperson shall be appointed by the Senate Committee
on Assignments.</ins> The chairperson and vice chairperson shall serve terms of two years
concurrent with their terms as members of the General Assembly. Vacancies in an
appointed member's position or in the offices of chairperson or vice chairperson of the
committee shall be filled for the unexpired term in the same manner as the original
appointment. The committee shall periodically inquire into and review the operations of
the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically
review and evaluate the success with which the authority is accomplishing its statutory
duties and functions as provided in this chapter."
PART V
Repealer
SECTION 5-1.
All laws and parts of laws in conflict with this Act are repealed.