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Bill > HB140


GA HB140

End Local Taxation by Citation Act; enact


summary

Introduced
01/28/2025
In Committee
02/13/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to cap the amount of funds derived from court fines or forfeiture action that municipalities may use as part of their yearly budgets; to provide that any funds collected in excess of such cap shall escheat to the state; to supersede any conflicting home rule powers of municipalities; to provide for applicability; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill, known as the "End Local Taxation by Citation Act," introduces a significant restriction on municipal revenue generation from court-related financial penalties. Specifically, the legislation limits municipalities to deriving no more than 10 percent of their annual budget from criminal or civil fines and forfeiture actions. Any funds collected beyond this 10 percent threshold must be transferred to the state's general fund at the end of the fiscal year, with municipalities required to transmit these excess funds to the State Treasurer within 30 days of their fiscal year's conclusion. This provision aims to prevent local governments from relying too heavily on fines and penalties as a revenue source, effectively discouraging what some might consider a practice of "policing for profit." The new rule will apply to municipal budget ordinances for fiscal years beginning on or after January 1, 2026, giving local governments time to adjust their financial strategies. The bill also preserves municipalities' home rule powers while introducing this specific limitation on fine-based revenue, signaling a nuanced approach to local government financial management.

Committee Categories

Government Affairs

Sponsors (5)

Last Action

House Withdrawn, Recommitted (on 04/04/2025)

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