| HB 97 - Revenue; amend provisions; Office of Collections; create |
First Reader Summary
A BILL to amend Chapter 2 of Title 48 of the Official Code of
Georgia Annotated, relating to the Department of Revenue's
organization, administration, and enforcement procedures, so as
to provide for the collection of unpaid court fines by the
Department of Revenue; to create the Office of Fine Collections
within the Department of Revenue and provide for the office's
administration; and for other purposes.
| House |
Action |
Senate |
| 1/14/99 |
Read 1st Time |
|
| 1/15/99 |
Read 2nd Time |
|
| 3/3/00 |
Favorably Reported |
|
| Sub |
Committee Amend/Sub |
|
| 2/17/00 |
Recommitted |
|
HB 97 LC 14 7461S
______________________________ offers the following
substitute to HB 97:
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide improved collection of fines imposed in criminal
1- 2 and ordinance violation cases; to amend Chapter 5 of Title
1- 3 15 of the Official Code of Georgia Annotated, relating to
1- 4 administration of courts of record, so as to provide for the
1- 5 collection of unpaid court fines by an arm of the
1- 6 Administrative Office of the Courts; to create the Office of
1- 7 Fine Collections within the Administrative Office of the
1- 8 Courts and provide for the office's administration; to
1- 9 provide for payment of fine collections in part into the
1-10 general fund of the state treasury and in part to the
1-11 political subdivisions to which the fines are owed; to
1-12 provide for the refusal and suspension of driver's licenses
1-13 and professional and business licenses in the cases of
1-14 licensees and applicants owing unpaid fines; to provide
1-15 administrative and quasi-judicial procedures for such
1-16 licensing sanctions; to provide for rules and regulations;
1-17 to provide for judicial determination of fines to be so
1-18 enforced; to provide for respective powers of the courts and
1-19 the office with respect to fines to be so enforced; to
1-20 provide for conforming amendments to laws relating to
1-21 driver's and professional and business licenses; to amend
1-22 Chapter 4 of Title 18 of the Official Code of Georgia
1-23 Annotated, relating to garnishment proceedings, so as
1-24 provide for the power of courts and the Office of Fine
1-25 Collections to collect fines through garnishment; to amend
1-26 Code Section 2-7-102 of the Official Code of Georgia
1-27 Annotated, relating to grounds for denial, suspension, and
1-28 revocation of various pesticide licenses, so as to provide
1-29 for the denial or suspension of a license for failure to pay
1-30 a fine; to amend Chapter 1 of Title 7 of the Official Code
1-31 of Georgia Annotated, relating to financial institutions, so
1-32 as to provide for the denial or suspension of licenses for
1-33 check cashers and for mortgage lenders and brokers for
1-34 failure to pay a fine; to amend Part 2 of Article 1 of
1-35 Chapter 6 of Title 12 of the Official Code of Georgia
1-36 Annotated, relating to the practice of professional
1-37 forestry, so as to provide for the denial or suspension of a
-1-
2- 1 license for failure to pay a fine; to amend Code Section
2- 2 26-4-60 of the Official Code of Georgia Annotated, relating
2- 3 to the suspension or revocation of licenses for pharmacists,
2- 4 so as to provide for the denial or suspension of a license
2- 5 for failure to pay a fine; to amend Code Section 33-23-21 of
2- 6 the Official Code of Georgia Annotated, relating to grounds
2- 7 for refusal, suspension, or revocation of the licenses of
2- 8 insurance agents and others, so as to provide for the denial
2- 9 or suspension of a license for failure to pay a fine; to
2-10 amend Code Section 33-23-22 of the Official Code of Georgia
2-11 Annotated, relating to notice of suspension or revocation of
2-12 the licenses of insurance agents and others, so as to
2-13 provide for a specific hearing; to amend Article 3 of
2-14 Chapter 5 of Title 40 of the Official Code of Georgia
2-15 Annotated, relating to cancellation, suspension, and
2-16 revocation of driver's licenses, so as to provide for denial
2-17 or suspension of license for failure to pay a fine; to amend
2-18 Code Section 43-1-19 of the Official Code of Georgia
2-19 Annotated, relating to grounds for refusing to grant or
2-20 revoking licenses by state examining boards, so as to
2-21 provide for the denial or suspension of a license for
2-22 failure to pay a fine; to amend Code Section 43-39A-14 of
2-23 the Official Code of Georgia Annotated, relating to the
2-24 refusal of classification of real estate appraisers, so as
2-25 to provide for the denial or suspension of an appraiser's
2-26 license for failure to pay a fine; to amend Code Section
2-27 43-40-15 of the Official Code of Georgia Annotated, relating
2-28 to the granting, revocation, or suspension of real estate
2-29 licenses, so as to include the failure to pay a fine as a
2-30 ground for refusing to grant or for suspending licenses; to
2-31 provide for hearing and appeal procedures; to provide for
2-32 related matters; to provide effective dates; to repeal
2-33 conflicting laws; and for other purposes.
2-34 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2-35 SECTION 1-1.
2-36 Chapter 5 of Title 15 of the Official Code of Georgia
2-37 Annotated, relating to administration of courts of record,
2-38 is amended by striking Code Section 15-5-24, relating to
2-39 duties of the Administrative Office of the Courts, and
2-40 inserting in its place a new Code section to read as
2-41 follows:
2-42 "15-5-24.
-2-
3- 1 Under the supervision and direction of the Judicial
3- 2 Council, the Administrative Office of the Courts shall
3- 3 perform the following duties:
3- 4 (1) Consult with and assist judges, administrators,
3- 5 clerks of court, and other officers and employees of the
3- 6 court pertaining to matters relating to court
3- 7 administration and provide such services as are
3- 8 requested;
3- 9 (2) Examine the administrative and business methods and
3-10 systems employed in the offices related to and serving
3-11 the courts and make recommendations for necessary
3-12 improvement;
3-13 (3) Compile statistical and financial data and other
3-14 information on the judicial work of the courts and on
3-15 the work of other offices related to and serving the
3-16 courts, which data and information shall be provided by
3-17 the courts;
3-18 (4) Examine the state of the dockets and practices and
3-19 procedures of the courts and make recommendations for
3-20 the expedition of litigation;
3-21 (5) Act as fiscal officer and prepare and submit budget
3-22 estimates of state appropriations necessary for the
3-23 maintenance and operation of the judicial system;
3-24 (6) Formulate and submit recommendations for the
3-25 improvement of the judicial system;
3-26 (7) Perform such additional duties as may be assigned by
3-27 the Judicial Council; and
3-28 (8) Operate the Office of Fine Collections of the
3-29 Administrative Office of the Courts, as provided for in
3-30 Article 8 of this chapter; and
3-31 (8)(9) Prepare and publish an annual report on the work
3-32 of the courts and on the activities of the
3-33 Administrative Office of the Courts."
3-34 SECTION 1-2.
3-35 Said Chapter 5 of Title 15 is further amended by adding at
3-36 the end thereof a new Article 8 to read as follows:
3-37 15-5-120.
3-38 As used in this article, the term:
-3-
4- 1 (1) 'Fine' means any monetary fine imposed in any
4- 2 criminal or ordinance violation case by any superior
4- 3 court, state court, probate court, magistrate court, or
4- 4 municipal court of this state or any political
4- 5 subdivision of this state. Fine also includes any
4- 6 additional penalty or surcharge or costs added to any
4- 7 fine pursuant to law, including without limitation
4- 8 Chapter 21 of this title and Code Sections 47-11-51 and
4- 9 47-17-60.
4-10 (2) 'Office' means the Office of Fine Collections of the
4-11 Administrative Office of the Courts, as created by Code
4-12 Section 15-5-121.
4-13 (3) 'Unpaid fine' means any fine which has not been paid
4-14 in full according to the terms of the court order
4-15 imposing the fine and which has been certified to Office
4-16 of Fine Collections as an unpaid fine by the court in
4-17 which the fine was imposed.
4-18 15-5-121.
4-19 There is created within the Administrative Office of the
4-20 Courts an Office of Fine Collections. All personnel within
4-21 the office shall be personnel of the Administrative Office
4-22 of the Courts and shall be subject to the direction and
4-23 control of the director of the Administrative Office of
4-24 the Courts in the same manner as other employees of the
4-25 Administrative Office of the Courts.
4-26 15-5-122.
4-27 (a) The primary function of the Office of Fine Collections
4-28 shall be the collection of unpaid fines owed to the state
4-29 or any political subdivision of the state. The proceeds
4-30 collected by the office from any unpaid fine owed to the
4-31 state shall be deposited in the general fund of the state
4-32 treasury. The proceeds collected by the office from each
4-33 unpaid fine owed to a political subdivision of the state
4-34 shall be distributed as follows:
4-35 (1) Five percent of the amount collected shall be paid
4-36 into the general fund of the state treasury in order to
4-37 defray the costs of administration and collection; and
4-38 (2) The remainder of the amount collected shall be
4-39 transmitted to the political subdivision to which the
4-40 fine is owed to be applied and distributed by that
4-41 political subdivision as provided by law, including
-4-
5- 1 remittance of any additional penalties or surcharges to
5- 2 the purposes specified by law.
5- 3 (b) The office shall make use of the procedures specified
5- 4 in Code Section 15-5-123 to collect unpaid fines through
5- 5 licensing sanctions. In addition to such licensing
5- 6 procedures, in collecting a fine the office may make use
5- 7 of any collection procedure or remedy which is authorized
5- 8 for use by the officers of the court in which fine was
5- 9 imposed. Without limiting the generality of the
5-10 foregoing, the office may use garnishment and continuing
5-11 garnishment for the collection of fines, as specified in
5-12 Code Sections 18-4-60 and 18-4-110.
5-13 15-5-123.
5-14 (a) As used in this Code section, the term:
5-15 (1) 'Applicant' means any person applying for issuance
5-16 or renewal of a license.
5-17 (2) 'Certified list' means a list provided by the office
5-18 of the names of persons owing unpaid fines being
5-19 enforced under this article.
5-20 (3) 'Delinquent obligor' means any obligor who owes an
5-21 unpaid fine and who appears on the office's certified
5-22 list.
5-23 (4) 'License' means a certificate, permit, registration,
5-24 or any other authorization issued by any licensing
5-25 entity that allows a person to operate a motor vehicle
5-26 or to engage in a profession, business, or occupation.
5-27 (5) 'Licensee' means any person holding a license.
5-28 (6) 'Licensing entity' means any state agency,
5-29 department, or board of this state which issues or
5-30 renews any license, certificate, permit, or registration
5-31 to authorize a person to drive a motor vehicle or to
5-32 engage in a profession, business, or occupation
5-33 including those under Article 3 of Chapter 7 of Title 2,
5-34 the 'Georgia Pesticide Use and Application Act of 1976';
5-35 Article 4A of Chapter 1 of Title 7, relating to check
5-36 cashers; Article 13 of Chapter 1 of Title 7, relating to
5-37 mortgage lenders and mortgage brokers; Part 2 of Article
5-38 1 of Chapter 6 of Title 12, relating to foresters;
5-39 Chapter 4 of Title 26, relating to pharmacists; Chapter
5-40 23 of Title 33, relating to insurance agents,
5-41 counselors, and other personnel; Chapter 1 of Title 43,
-5-
6- 1 relating to professions and businesses; Chapter 39A of
6- 2 Title 43, relating to real estate appraisers; or Chapter
6- 3 40 of Title 43, relating to real estate brokers and
6- 4 salespersons.
6- 5 (b) The office shall maintain a state-wide certified list
6- 6 of those persons owing unpaid fines which have been
6- 7 certified to the office by a court for enforcement under
6- 8 this article. The certified list must be updated on a
6- 9 monthly basis. The office shall submit to each licensing
6-10 entity a certified list with the name, social security
6-11 number, if known, date of birth, and last known address of
6-12 each person on the list.
6-13 (c) On or before January 1, 2001, all licensing entities
6-14 shall implement procedures to accept and process the list
6-15 provided by the office in accordance with this Code
6-16 section.
6-17 (d) Promptly after receiving the certified list from the
6-18 office all licensing entities shall determine whether an
6-19 applicant or licensee is on the most recent certified
6-20 list. If an applicant or licensee is on the certified
6-21 list, the licensing entity shall immediately notify the
6-22 office. That notification shall include the applicant's
6-23 or licensee's last known mailing address on file with the
6-24 licensing entity.
6-25 (e) After receiving notice from a licensing entity of
6-26 applicants or licensees who are on the certified list, the
6-27 office shall immediately notify those individuals as
6-28 specified in subsection (f) of this Code section of the
6-29 office's intent to request that all pertinent licensing
6-30 entities suspend all licenses or withhold issuance or
6-31 renewal of any license.
6-32 (f) Notice to the delinquent obligor shall include the
6-33 address and telephone number of the office and shall
6-34 inform the delinquent obligor of the office's intent to
6-35 submit the delinquent obligor's name to relevant licensing
6-36 entities and to request that the licensing entities
6-37 withhold issuance or renewal of the license, or suspend
6-38 the license. The notice must also inform the delinquent
6-39 obligor of the following:
6-40 (1) The delinquent obligor has 20 days from the date of
6-41 mailing to reach an agreement to pay the unpaid fine
6-42 with the office. If an agreement cannot be reached
6-43 within that time or if the delinquent obligor does not
-6-
7- 1 respond within that time, the office will send notice to
7- 2 the licensing entities requesting that the licenses be
7- 3 suspended or the licensure applications be denied;
7- 4 (2) The delinquent obligor may request an administrative
7- 5 hearing and judicial review of that hearing under
7- 6 subsection (g) of this Code section. A request for a
7- 7 hearing must be made in writing and must be received by
7- 8 the office within 20 days of service of notice; and
7- 9 (3) If the delinquent obligor requests a hearing within
7-10 20 days of service, the office shall stay all action
7-11 pending the hearing and any appeals.
7-12 (g) All delinquent obligors subject to the sanctions
7-13 imposed in this Code section shall have the right to a
7-14 hearing before an administrative law judge of the Office
7-15 of State Administrative Hearings pursuant to Article 2 of
7-16 Chapter 13 of Title 50. A delinquent obligor who requests
7-17 a hearing within the time prescribed in subsection (f) of
7-18 this Code section shall receive a hearing. The hearing
7-19 shall be conducted as provided in Article 2 of Chapter 13
7-20 of Title 50 within 45 days after such demand is received.
7-21 The only issues at the hearing will be the following:
7-22 (1) Whether there is an unpaid fine being enforced
7-23 pursuant to this article;
7-24 (2) Whether the licensee or applicant is the person
7-25 sentenced to pay that fine;
7-26 (3) Whether the licensee or applicant has paid all or
7-27 part of the unpaid fine; or
7-28 (4) Whether the licensee or applicant is able to pay the
7-29 unpaid fine in full or in installments.
7-30 With respect to the issues listed in this subsection,
7-31 evidence relating to the ability of a delinquent obligor
7-32 to pay the unpaid fine shall be considered in making the
7-33 decision to either suspend a license or deny the issuance
7-34 or renewal of a license under this Code section. The
7-35 administrative law judge shall be authorized to enter into
7-36 an agreement or enter an order requiring periodic payments
7-37 and, in such event, the administrative law judge shall be
7-38 authorized to issue a release for the delinquent obligor
7-39 to obtain each license or licenses.
7-40 (h) The decision at the hearing shall be subject to appeal
7-41 and judicial review pursuant to Article 2 of Chapter 13 of
-7-
8- 1 Title 50 but only as to those issues referred to in
8- 2 subsection (g) of this Code section. Notwithstanding any
8- 3 hearing requirements for suspension and denials within
8- 4 each licensing entity, the hearing and appeal procedures
8- 5 outlined in this Code section shall be the only hearing
8- 6 required to suspend a license or deny the issuance or
8- 7 renewal of a license under this Code section.
8- 8 (i) The office shall use a release form to notify the
8- 9 licensee or applicant and the licensing entity if it is
8-10 determined that:
8-11 (1) The licensee or applicant does not owe an unpaid
8-12 fine or has paid a previously unpaid fine;
8-13 (2) The licensee or applicant is unable to pay an unpaid
8-14 fine, either in full or in installments; or
8-15 (3) The licensee or applicant has entered into an
8-16 agreement for the payment of the unpaid fine in
8-17 installments.
8-18 Upon receipt of such a release, the licensing entity shall
8-19 promptly thereafter issue or reinstate the license, unless
8-20 the office certifies subsequent to the issuance of the
8-21 release that the licensee or applicant is no longer in
8-22 compliance with an installment payment agreement.
8-23 (j) The Administrative Office of the Courts shall, and the
8-24 licensing entities as appropriate may, adopt regulations
8-25 necessary to implement this Code section.
8-26 (k) Any licensing entity receiving an inquiry as to the
8-27 license status of an applicant who has had an application
8-28 for issuance or renewal of a license denied under this
8-29 Code section shall respond only that the license was
8-30 suspended or the licensure application was denied pursuant
8-31 to this Code section.
8-32 15-5-124.
8-33 (a) Any court of this state or a political subdivision of
8-34 this state may certify unpaid fines to the Office of Fine
8-35 Collections for enforcement and collection by the office.
8-36 No court, however, shall be required to certify any unpaid
8-37 fines to the office.
8-38 (b) A court may certify any or all unpaid fines imposed by
8-39 the court to the office. The decision as to which unpaid
8-40 fines to certify shall be made for each court by order of
8-41 the chief judge or other judge or judges having authority
-8-
9- 1 to manage the business of the court. The order may
9- 2 enumerate unpaid fines to be certified either individually
9- 3 or by class or status.
9- 4 (c) The certification of unpaid fines pursuant to the
9- 5 court's order shall be carried out by the clerk of court
9- 6 in accordance with the court's order and in accordance
9- 7 with rules and regulations adopted by the Administrative
9- 8 Office of the Courts to govern the form and manner of
9- 9 certification.
9-10 (d) After an unpaid fine has been certified to the office
9-11 by a court, that court and its personnel shall not accept
9-12 any payment on the unpaid fine from the delinquent obligor
9-13 and shall accept such payment only from the office.
9-14 (e) Nothing in this article shall prevent a court from
9-15 enforcing payment of an unpaid fine through revocation of
9-16 probation, revocation of suspended sentence, citation for
9-17 contempt, or other appropriate judicial process; but when
9-18 payment is so enforced, if the unpaid fine has been
9-19 certified to the office then payment shall be to the
9-20 office and not to the court."
9-21 SECTION 1-3.
9-22 Chapter 4 of Title 18 of the Official Code of Georgia
9-23 Annotated, relating to garnishment proceedings, is amended
9-24 by striking Code Section 18-4-60, relating to right to
9-25 garnishment after judgment, and inserting in its place a new
9-26 Code section to read as follows:
9-27 "18-4-60.
9-28 (a) In all cases where a money judgment shall have been
9-29 obtained in a court of this state or in a federal court
9-30 sitting in this state, the plaintiff shall be entitled to
9-31 the process of garnishment.
9-32 (b) In all cases where a fine or other monetary penalty
9-33 has been imposed in a court of this state or a political
9-34 subdivision of this state, the fine or other monetary
9-35 penalty may be enforced through the process of garnishment
9-36 in the same manner as a money judgment in a civil case.
9-37 Such garnishment proceedings may be brought in the name of
9-38 the state or in the name of the political subdivision to
9-39 which the fine or other penalty is owed by any official
9-40 having the duty or power to collect such fine or other
9-41 monetary penalty. The provisions of this subsection or the
9-42 institution of proceedings under this subsection shall not
-9-
10- 1 be construed to limit or abate any other procedure or
10- 2 remedy for collection of such a fine or other monetary
10- 3 penalty, except to the extent of amounts actually
10- 4 collected through garnishment."
10- 5 SECTION 1-4.
10- 6 Said Chapter 4 of Title 18 is further amended by striking
10- 7 Code Section 18-4-110, relating to right to process of
10- 8 continuing garnishment, and inserting in its place a new
10- 9 Code section to read as follows:
10-10 "18-4-110.
10-11 (a) In addition to garnishment proceedings otherwise
10-12 available under this chapter, in cases where a money
10-13 judgment shall have been obtained in a court of this state
10-14 or a federal court sitting in this state, the plaintiff
10-15 shall be entitled to the process of continuing garnishment
10-16 against any garnishee who is an employer of the defendant
10-17 against whom the judgment has been obtained. Unless
10-18 otherwise specifically provided in this article, the
10-19 methods, practices, and procedures for continuing
10-20 garnishment shall be the same as for any other garnishment
10-21 as provided in this chapter, including, but not limited
10-22 to, those proceedings after answer as provided in Code
10-23 Section 18-4-89.
10-24 (b) In all cases where a fine or other monetary penalty
10-25 has been imposed in a court of this state or a political
10-26 subdivision of this state, the fine or other monetary
10-27 penalty may be enforced through the process of continuing
10-28 garnishment in the same manner as a money judgment in a
10-29 civil case. Such continuing garnishment proceedings may be
10-30 brought in the name of the state or in the name of the
10-31 political subdivision to which the fine or other penalty
10-32 is owed by any official having the duty or power to
10-33 collect such fine or other monetary penalty. The
10-34 provisions of this subsection or the institution of
10-35 proceedings under this subsection shall not be construed
10-36 to limit or abate any other procedure or remedy for
10-37 collection of such a fine or other monetary penalty,
10-38 except to the extent of amounts actually collected through
10-39 continuing garnishment."
-10-
11- 1 SECTION 2-1.
11- 2 Code Section 2-7-102 of the Official Code of Georgia
11- 3 Annotated, relating to grounds for denial, suspension, and
11- 4 revocation of various pesticide licenses, is amended by
11- 5 adding at the end thereof a new subsection (e) to read as
11- 6 follows:
11- 7 "(e) The Commissioner may suspend any pesticide
11- 8 contractor's license or certified commercial pesticide
11- 9 applicator's license, or refuse to grant or renew either
11-10 license upon notice to the Commissioner by the Office of
11-11 Fine Collections of the Administrative Office of the
11-12 Courts that:
11-13 (1) The applicant for or holder of such license is the
11-14 delinquent obligor of an unpaid fine; and
11-15 (2) The hearings and appeals procedures provided in Code
11-16 Section 15-5-123 shall be the only such procedures
11-17 required under this article."
11-18 SECTION 2-2.
11-19 Chapter 1 of Title 7 of the Official Code of Georgia
11-20 Annotated, relating to financial institutions, is amended by
11-21 striking subsection (d) of Code Section 7-1-707, relating to
11-22 suspension of licenses of check cashers generally, and
11-23 inserting in its place a new subsection (d) to read as
11-24 follows:
11-25 "(d) The provisions of this Code section shall not apply
11-26 when a license is denied or suspended as provided in Code
11-27 Section 7-1-707.1 or 7-1-707.2."
11-28 SECTION 2-3.
11-29 Said chapter is further amended by adding following Code
11-30 Section 7-1-707.1 a new Code section to read as follows:
11-31 "7-1-707.2.
11-32 (a) The department shall suspend, as provided for in Code
11-33 Section 15-5-123, the license of any check casher upon
11-34 receipt of a record from the Office of Fine Collections of
11-35 the Administrative Office of the Courts stating that such
11-36 licensee owes an unpaid fine.
11-37 (b) The department shall deny, as provided for in for Code
11-38 Section 15-5-123, the application or renewal of any
-11-
12- 1 applicant or licensee upon receipt of a record from the
12- 2 Office of Fine Collections of the Administrative Office of
12- 3 the Courts stating that such applicant or licensee owes an
12- 4 unpaid fine.
12- 5 (c) Notwithstanding any other provisions of law, the
12- 6 hearings and appeals procedures provided for in Code
12- 7 Section 15-5-123, where applicable, shall be the only such
12- 8 procedures required to suspend a license or deny the
12- 9 issuance or renewal of an application for a license under
12-10 this article."
12-11 SECTION 2-4.
12-12 Said chapter is further amended in Code Section 7-1-1017,
12-13 relating to the suspension or revocation of licenses for
12-14 mortgage lenders and mortgage brokers, by inserting a new
12-15 paragraph (4) of subsection (a) to read as follows:
12-16 "(4) Where an applicant or licensee has been found to
12-17 owe an unpaid fine as provided in Code Section 15-5-123,
12-18 such fact is sufficient grounds for refusal of a license
12-19 or suspension of a license. In such actions, the
12-20 hearing and appeal procedures provided for in Code
12-21 Section 15-5-123 shall be the only such procedures
12-22 required under this article."
12-23 SECTION 2-5.
12-24 Part 2 of Article 1 of Chapter 6 of Title 12 of the Official
12-25 Code of Georgia Annotated, relating to the practice of
12-26 professional forestry, is amended by adding immediately
12-27 following Code Section 12-6-49.2 the following:
12-28 "12-6-49.3.
12-29 (a) The board shall suspend, as provided for in Code
12-30 Section 15-5-123, the license of any registered forester
12-31 upon receipt of a record from the Office of Fine
12-32 Collections of the Administrative Office of the Courts
12-33 stating that such licensee owes an unpaid fine.
12-34 (b) The board shall deny the application or renewal, as
12-35 provided in for Code Section 15-5-123, of any applicant or
12-36 licensee upon receipt of a record from the Office of Fine
12-37 Collections of the Administrative Office of the Courts
12-38 that such applicant or licensee owes an unpaid fine.
12-39 (c) Notwithstanding any other provisions of law, the
12-40 hearings and appeals procedures provided for in Code
12-41 Section 15-5-123 shall be the only such procedures
-12-
13- 1 required to suspend a license or deny the issuance or
13- 2 renewal of an application for a license under this part."
13- 3 SECTION 2-6.
13- 4 Code Section 26-4-60 of the Official Code of Georgia
13- 5 Annotated, relating to the suspension or revocation of
13- 6 licenses for pharmacists, is amended by adding a new
13- 7 subsection (l) to read as follows:
13- 8 "(l) The board shall have the power to suspend any license
13- 9 issued under Article 3 of this chapter when such holder
13-10 owes an unpaid fine as provided in Code Section 15-5-123.
13-11 The board shall also have the power to deny the
13-12 application for issuance or renewal of a license under
13-13 Article 3 of this chapter when such applicant owes an
13-14 unpaid fine and is not in satisfactory repayment status as
13-15 provided in Code Section 15-5-123. The hearings and
13-16 appeals procedures provided for in Code Section 15-5-123
13-17 shall be the only such procedures required to suspend or
13-18 deny any license issued under Article 3 of this chapter."
13-19 SECTION 2-7.
13-20 Code Section 33-23-21 of the Official Code of Georgia
13-21 Annotated, relating to grounds for refusal, suspension, or
13-22 revocation of the licenses of insurance agents and others,
13-23 is amended by striking the word "or" at the end of paragraph
13-24 (19); by replacing the period at the end of paragraph (20)
13-25 with the symbol and word "; or"; and by adding thereafter a
13-26 new paragraph (21) to read as follows:
13-27 "(21) Owes an unpaid fine as provided in Code Section
13-28 15-5-123; for violations of this paragraph only, any
13-29 hearing and appeal procedures conducted pursuant to Code
13-30 Section 15-5-123 shall be the only such procedures
13-31 required to suspend, deny, or revoke any license under
13-32 this title."
13-33 SECTION 2-8.
13-34 Code Section 33-23-22 of the Official Code of Georgia
13-35 Annotated, relating to notice of suspension or revocation of
13-36 the licenses of insurance agents and others, is amended by
13-37 striking subsection (a) in its entirety and inserting in
13-38 lieu thereof the following:
13-39 "(a) Any license, other than a probationary license, may
13-40 be suspended or revoked as provided by Code Section
13-41 33-23-21, and the Commissioner shall give notice of such
-13-
14- 1 action to the applicant for or holder of the license and
14- 2 any insurer or agent whom the applicant or licensee
14- 3 represents or who desires that the applicant or licensee
14- 4 be licensed. The procedure for conduct of hearings set
14- 5 forth in Chapter 2 of this title shall be followed in all
14- 6 cases except those cases pursuant to paragraph (19), or
14- 7 (20), or 21 of Code Section 33-23-21 which shall only
14- 8 require the hearings provided for in either any such
14- 9 paragraph."
14-10 SECTION 2-9.
14-11 Article 3 of Chapter 5 of Title 40 of the Official Code of
14-12 Georgia Annotated, relating to cancellation, suspension, and
14-13 revocation of driver's licenses, is amended by adding
14-14 immediately following Code Section 40-5-54.1 a new Code
14-15 section to read as follows:
14-16 "40-5-54.2.
14-17 (a) The department shall deny or suspend, as provided in
14-18 Code Section 15-5-123, the license of any driver upon
14-19 receiving a record from the Office of Fine Collections of
14-20 the Administrative Office of the Courts that such driver
14-21 owes an unpaid fine.
14-22 (b) The suspension or denial of an application for
14-23 issuance or renewal of a license shall be for an
14-24 indefinite period and until such person provides a release
14-25 from the Office of Fine Collections as authorized in Code
14-26 Section 15-5-123 and pays a restoration fee of $35.00, or
14-27 $25.00 when such reinstatement is processed by mail, for
14-28 the return of his or her license.
14-29 (d) Any person who receives notice from the agency that
14-30 his or her registration is subject to denial or suspension
14-31 may request a hearing and appeal as provided for in Code
14-32 Section 15-5-123. Notwithstanding any provisions of law
14-33 to the contrary, the hearings and appeal procedures
14-34 provided for in such Code section shall be the only such
14-35 procedures required for purposes of this Code section.
14-36 (e) A person whose driver's license has been suspended
14-37 pursuant to this Code section may apply to the Department
14-38 of Public Safety for a restricted driving permit as
14-39 provided in Code Section 40-5-71."
-14-
15- 1 SECTION 2-10.
15- 2 Code Section 40-5-71 of the Official Code of Georgia
15- 3 Annotated, relating to procedure upon notice of insurance
15- 4 cancellation; lapse fee; suspension of license; and
15- 5 restricted driving permits, is amended by striking
15- 6 subsection (d) in its entirety and inserting in lieu thereof
15- 7 the following:
15- 8 "(d) A person whose driver's license has been suspended
15- 9 pursuant to Code Section 40-5-70, 40-5-54.1, 40-5-54.2, or
15-10 this Code section or as a result of a conviction under
15-11 Code Section 40-6-10 may apply to the Department of Public
15-12 Safety for a restricted driving permit as provided in this
15-13 Code section. A person whose driver's license was
15-14 surrendered may apply to the department for a restricted
15-15 driving permit immediately following the conviction or
15-16 suspension."
15-17 SECTION 2-11.
15-18 Code Section 43-1-19 of the Official Code of Georgia
15-19 Annotated, relating to grounds for refusing to grant or
15-20 revoking licenses by state examining boards, is amended in
15-21 subsection (a) by striking the word "or" at the end of
15-22 paragraph (11); by replacing the period at the end of
15-23 paragraph (12) with the symbol and word "; or"; and by
15-24 adding a new paragraph (13) to read as follows:
15-25 "(13) Failed to pay a fine as specified in Code Section
15-26 15-5-123; it shall be incumbent upon the applicant or
15-27 licensee to supply a notice of release to the board from
15-28 the Office of Fine Collections of the Administrative
15-29 Office of the Courts so that a license may issue or be
15-30 granted if all other conditions for licensure are met."
15-31 SECTION 2-12.
15-32 Code Section 43-39A-14 of the Official Code of Georgia
15-33 Annotated, relating to the refusal of classification of real
15-34 estate appraisers, is amended by adding at the end thereof a
15-35 new subsection to read as follows:
15-36 "(l) Where an applicant or licensee has been found to owe
15-37 an unpaid fine as provided in Code Section 15-5-123, such
15-38 action is sufficient grounds for refusal of a license or
15-39 suspension of a license. For purposes of this subsection,
15-40 the hearing and appeal procedures provided for in such
15-41 Code section shall be the only such procedures required
15-42 under this article."
-15-
16- 1 SECTION 2-13.
16- 2 Code Section 43-40-15 of the Official Code of Georgia
16- 3 Annotated, relating to the granting, revocation, or
16- 4 suspension of real estate licenses, is amended by adding at
16- 5 the end thereof the following subsection (m):
16- 6 "(m) Where an applicant or licensee has been found to owe
16- 7 an unpaid fine as provided in Code Section 15-5-123, such
16- 8 action is sufficient grounds for refusal of a license or
16- 9 suspension of a license. In such actions, the hearing and
16-10 appeal procedures provided for in that Code section shall
16-11 be the only such procedures required under this chapter."
16-12 SECTION 3-1.
16-13 This Act shall become effective for administrative purposes
16-14 upon approval of this Act by the Governor or upon this Act's
16-15 becoming effective without such approval. For all other
16-16 purposes, including collection of fines and suspension of
16-17 licenses under this Act, the Act shall become effective
16-18 January 1, 2001.
16-19 SECTION 3-2.
16-20 All laws and parts of laws in conflict with this Act are
16-21 repealed.
-16-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/04/00
