06 LC 18
5609S
The
Senate Finance Committee offered the following substitute to HB
304:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions applicable to counties and municipal corporations, so as
to prohibit local governments from prohibiting or regulating the sale of certain
lawful products or services; to provide for exceptions; to provide that
ordinances in violation of such provisions are void; to amend Article 1 of
Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to
general provisions concerning specific, business, and occupation taxes, so as to
change the provisions relating to the imposition and determination of the amount
of certain regulatory fees by local governments; to provide for additional
requirements regarding certain certificates; to provide for the timing of
payment of certain regulatory fees; to provide for related matters; to provide
an effective date; to provide for applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
60 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties and municipal corporations, is amended by
inserting a new Code section to be designated Code Section 36-60-24 to read as
follows:
"(a)
The governing authority of a county or municipal corporation shall not prohibit
the sale of products or services which products or services are lawful under
subsection (b) of Code Section 25-10-1, unless such prohibition is expressly
authorized by the general law of the state.
(b)
If the sale of a product or service is regulated by subsection (b) of Code
Section 25-10-1, the governing authority of a county or municipal corporation
shall not enact additional regulation of the sale of such product or service,
unless such additional regulation is expressly authorized by general
law.
(c)
Any ordinance enacted before, on, or after July 1, 2006, by a county or
municipal corporation in violation of this Code section is
void."
SECTION
2.
Article
1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating
to general provisions concerning specific, business, and occupation taxes, is
amended by adding new subsections (e) and (f) to Code Section 48-13-9, relating
to limitation on authority of local government to impose regulatory fee, to read
as follows:
"(e)
For each business, profession, or occupation, local governments are authorized
to determine the amount of a regulatory fee imposed in accordance with this
article only by one of the following methods:
(1)
A flat fee for each business or practitioner of a profession or occupation doing
business in the jurisdiction as authorized by Code Section 48-13-8;
(2)
A flat fee for each type of permit or inspection requested;
(3)
An hourly rate determined by the hourly wage or salary, including employee
benefits, of the person or persons assigned to investigate or inspect multiplied
by the number of hours estimated for the investigation or inspection to be
performed;
(4)
An hourly rate as determined by paragraph (3) of this subsection with the
addition of other expenses reasonably related to such regulatory activity, such
as administrative and travel expenses, multiplied by the number of hours
estimated for the investigation or inspection to be performed;
(5)
For construction projects that are classified as new construction, the number of
square feet of construction or the number of square feet of construction to be
served by the system to be installed, in conjunction with and limited by the
building valuation data, as established from time to time by the International
Code Council or by similar data, and in conjunction with and limited by the
hourly rate described in paragraph (3) or (4) of this subsection;
or
(6)
For construction projects that are classified as renovation and all other
construction projects other than those classified as new construction, the cost
of the project in conjunction with and limited by the building valuation data
that conforms with the principles and methods established from time to time by
the International Code Council or by similar data, and in conjunction with and
limited by the hourly rate described in paragraph (3) or (4) of this
subsection.
(f)
If a local government requires businesses or practitioners to pay a regulatory
fee under paragraph (3) of subsection (b) of this Code section, issues
certificates of public necessity and convenience to such businesses or
practitioners, and limits the total number outstanding of such certificates,
such certificates shall be fully transferable pursuant to a purchase, gift,
bequest, or acquisition of the stock or assets of a corporation. Each such
certificate may be used as collateral to secure a loan, and a lending
institution making such loans shall have all rights of secured parties with
respect to such loans. Prior to increasing the number of such outstanding
certificates by more than 10 percent in a calendar year, any such local
government shall first certify, based upon credible evidence, that such an
increase will not result in a significant devaluation of the existing
outstanding
certificates."
SECTION
3.
Said
article is further amended by striking subsections (b) and (c) of Code Section
48-13-20, relating to time for payment of fees and taxes, and inserting in lieu
thereof new subsections (b) and (c) to read as follows:
"(b)
Regulatory fees authorized by this chapter shall be paid before commencing
business or the practice of a profession
or
occupation as a condition precedent for
transacting business, or practicing a profession
or
occupation.
(c)
Regulatory fees may be paid after commencing business or the practice of a
profession or
occupation when:
(1)
The work done or services provided are necessary for the
health,
comfort, or safety of one or more
individuals or
protection of property. This paragraph shall apply to, but not be limited to,
the repair, service, or installation of heating, ventilation, and air
conditioning equipment or
systems;
(2)
The work done or services provided have no adverse effect on any other person;
and
(3)
Regulatory fees are tendered to the local government within two business days
after commencing business or the practice of a profession
or occupation
and any and all required inspections are made in order to ensure compliance with
applicable codes; and
(4)
The request for repair, service, or installation is received by the practitioner
of a profession or occupation outside of the regular office hours of the local
government́s
permitting
office."
SECTION
4.
This
Act shall become effective on July 1, 2006.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.