HB 706 - Cemetery Act; contested cases; decision maker

Georgia House of Representatives - 1995/1996 Sessions

HB 706 - Cemetery Act; contested cases; decision maker

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House Comm: SPCA / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/10/95 Read 1st Time 2/13/95 Read 2nd Time 2/14/96 Favorably Reported ---------------------------------------- Rules Suspended to Introduce Code Sections amended: 44-3-136, 44-3-139
HB 706 LC 16 4099 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 4 of Chapter 3 of Title 44 of the Official 1- 2 Code of Georgia Annotated, the "Georgia Cemetery Act of 1- 3 1983," so as to raise the penalty amount for the late filing 1- 4 of renewal registrations or financial reports; to provide 1- 5 for and identify a division director of the office of the 1- 6 Secretary of State as the ultimate decision maker in 1- 7 contested cases; to provide for an effective date; to repeal 1- 8 conflicting laws; and for other purposes. 1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-10 Article 4 of Chapter 3 of Title 44 of the Official Code of 1-11 Georgia Annotated, the "Georgia Cemetery Act of 1983," is 1-12 amended by striking subsection (c) of Code Section 44-3-136, 1-13 relating to the authority of the Secretary of State to 1-14 impose a penalty fee for the late filing of a renewal 1-15 registration or financial report, in its entirety and 1-16 inserting in lieu thereof a new subsection (c) to read as 1-17 follows: 1-18 "(c) In addition to the actions authorized in subsections 1-19 (a) and (b) of this Code section, the Secretary of State 1-20 shall be authorized to impose a penalty fee of $25.00 1-21 $100.00 per month or fraction of a month for the late 1-22 filing of a renewal registration statement or late filing 1-23 of financial reports required by this article, or both. 1-24 However, the penalty fee or fees imposed for the late 1-25 filing of registration statements or financial reports may 1-26 be waived by the Secretary of State upon just cause being 1-27 shown by the party against whom the fee is imposed." SECTION 2. 1-28 Said article is further amended by striking subsection (a) 1-29 of Code Section 44-3-139, relating to administration of the 1-30 "Georgia Cemetery Act of 1983," in its entirety and 1-31 inserting in lieu thereof a new subsection (a) to read as 1-32 follows: -1- (Index) LC 16 4099 2- 1 "(a) The administration of the provisions of this article 2- 2 shall be vested in the Secretary of State, who may 2- 3 delegate such of his or her powers and duties under this 2- 4 article to a division director of his office as he the 2- 5 Secretary of State shall deem appropriate. Such division 2- 6 director, when duly appointed, shall be the ultimate 2- 7 decision maker in all contested case hearings held 2- 8 pursuant to Code Section 44-3-147 and Chapter 13 of Title 2- 9 50, the 'Georgia Administrative Procedure Act.'" SECTION 3. 2-10 This Act shall become effective upon its approval by the 2-11 Governor or upon its becoming law without such approval. SECTION 4. 2-12 All laws and parts of laws in conflict with this Act are 2-13 repealed. -2- (Index)

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