08 LC
14 9776/AP
House
Bill 975 (AS PASSED HOUSE AND SENATE)
By:
Representatives Burkhalter of the
50th,
Jones of the
46th,
Willard of the
49th,
Wilkinson of the
52nd,
Martin of the
47th,
and others
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 counties and municipal corporations in general, so as to provide that it
shall be unlawful for any county or municipal corporation to issue any backdated
license, permit, or other similar authorization under certain circumstances; to
provide for a criminal penalty; to provide for related matters; to state
legislative intent; to provide an effective date; 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 counties
and municipal corporations in general, is amended by adding a new Code Section
36-60-26 to read as follows:
"36-60-26.
(a)
It shall be unlawful for any county, municipal corporation, or other issuing
authority to issue any backdated license, permit, or other authorizing document,
including but not limited to any building permit, sign permit, occupation tax
certificate, zoning action, subdivision of land, final plat, or other similar
authorization, in any territorial or geographic area which, due to the formation
of a county, incorporation of a municipality, annexation or deannexation of
territory, or other action, is no longer within the regulatory jurisdiction of
said issuing authority. For purposes of this Code section, a license, permit,
or other authorizing document shall be considered to be backdated if it in any
manner purports to have been issued or have become effective prior to its actual
date of issuance.
(b)
A license, permit, or other authorizing document in violation of this Code
section shall be void in its entirety, and no person shall acquire any rights
thereunder.
(c)
Any county or municipal officer or employee who knowingly violates this Code
section shall be upon conviction guilty of a misdemeanor."
SECTION
2.
The
General Assembly declares its belief that this Act is declaratory of previously
existing law; and the passage of this Act shall not be construed to imply that
prior law was to the contrary.
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.