05 HB 186/FA
House
Bill 186 (AM)
By:
Representatives Mitchell of the
88th,
Mosley of the
178th,
Floyd of the
99th,
Meadows of the
5th,
and Henson of the
87th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend provisions of the Official Code of Georgia Annotated relating to funds; to
amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated,
relating to judicial accounting, so as to remove the penalties for failure to
remit funds; to amend Code Section 36-87-2 of the Official Code of Georgia
Annotated, relating to the authority of counties and municipal corporations to
participate in federal programs, so as to expand the purposes for which federal
funds may be used by a county or municipal corporation; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial
accounting, is amended by repealing Code Section 15-21A-8, relating to penalties
for failure to remit funds, which reads as follows:
"15-21A-8.
Any
clerk of court or any other officer or agent receiving any funds subject to this
chapter who knowingly fails to pay over any such funds to the authority as
required by this chapter, after receiving notice from the authority that such
funds are delinquent, shall be guilty of a misdemeanor, except that if the
amount of funds knowingly not paid over is $10,000.00 or more then such person
shall be guilty of a felony and punished by imprisonment for not less than one
nor more than ten years. The offense created by this Code section shall not
merge with any other
offense."
SECTION
2.
Code
Section 36-87-2 of the Official Code of Georgia Annotated, relating to the
authority of counties and municipal corporations to participate in federal
programs, is amended by striking subsection (a) and inserting in lieu thereof a
new subsection (a) to read as follows:
"(a)
Each county and municipal corporation of the State of Georgia is authorized to
participate in federal programs which provide federal grants and federal loans
for such
purposes including but not limited to
housing, transportation, and water and waste-water treatment and distribution
purposes. Supplementary to any existing authority granted by law, counties and
municipal corporations shall be authorized to exercise the following
powers:
(1)
To expend revenues, but shall not impose any new form of taxation;
and
(2)
To contract:
(A)
With the United States, its departments and agencies;
(B)
With the State of Georgia, its departments, agencies, and
authorities;
(C)
With regional development centers, political subdivisions of the state, and
public authorities of such subdivisions; and
(D)
With private nonprofit entities organized for the purpose of providing services
to persons of low and moderate income when such entities are exempt from federal
income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of
1986
when
the exercise of such powers is necessary to comply with the conditions
established by federal law and federal regulations for eligibility for
participation in such federal
programs."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.