sb393_LC_36_1068S_hss_7.html
08 LC 36 1068S

The House Committee on Regulated Industries offers the following substitute to SB 393:

A BILL TO BE ENTITLED
AN ACT

To amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for limitations regarding certain fees or taxes for specific pawnbroker transactions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by revising Code Section 44-12-135, relating to the effect of pawnbroker general laws on local laws, as follows:
"44-12-135.
(a) Nothing in this part shall supersede existing local laws nor relieve a pawnbroker from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to this part.
(b) The governing authority of a municipality or county and any department or agency thereof shall not be authorized to adopt ordinances or resolutions that require the collection of any fee or tax related to a specific pawn transaction or sale of tangible personal property to a pawnbroker for purposes of resale by the pawnbroker. This subsection shall not prohibit regulatory fees or occupation taxes levied and imposed pursuant to Article 1 of Chapter 13 of Title 48."

SECTION 2.
Said part is further amended by revising Code Section 44-12-136, relating to the supervision of pawnbrokers by municipalities, as follows:
"44-12-136.
Municipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general supervision as will ensure fair dealing between the pawnbroker and his or her customers, except as expressly prohibited in this part."

SECTION 3.
This Act shall become effective on January 1, 2009.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.