05 LC
14 9154
House
Bill 719
By:
Representatives Lindsey of the
54th,
Holmes of the
61st,
Wilkinson of the
52nd,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to change provisions relating to the maximum fines which may
be imposed by municipal courts; to change provisions relating to the maximum
fines which may be specified by municipalities exercising home rule powers; to
specifically authorize municipalities to adopt ordinances specifying fines up to
a certain maximum amount; to provide for such provisions to control over
conflicting provisions of local laws; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended in Code Section 36-32-1, relating to establishment, operation, and
jurisdiction of municipal courts, by striking subsection (c) and inserting in
its place a new subsection to read as follows:
"(c)
Each municipal court of this state,
unless
otherwise provided
notwithstanding
any contrary provision in the local law
relating to a particular municipal court, shall be authorized to impose any
punishment up to the maximums specified by general law, including the maximums
specified in subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section
36-35-6."
SECTION
2.
Said
Title 36 is further amended in Code Section 36-35-6, relating to limitations on
home rule powers of municipalities, by striking subparagraph (a)(2)(C) and
inserting in its place a new subparagraph to read as follows:
"(C)
Action providing for fines and forfeitures in excess of
$1,000.00
$2,500.00;".
SECTION
3.
Said
Title 36 is further amended in said Code Section 36-35-6 by adding at its end a
new subsection (d) to read as follows:
"(d)
Notwithstanding any lower limit in the local law relating to a particular
municipal corporation, each municipal corporation is authorized to adopt
ordinances punishable by fines of up to $2,500.00, with the maximum fine to be
expressed in each particular ordinance not to exceed
$2,500.00."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.