sb393_As_passed_Senate_5.html
08 LC 34 1590S (SCS)
Senate Bill 393
By: Senators Chance of the 16th, Thompson of the 33rd, Tarver of the 22nd and Staton of the 18th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT


To amend Code Sections 44-12-135 and 44-12-136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments´ power to require the payment of any fee 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.
Code Section 44-12-135 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws, is revised as follows:
"44-12-135.
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. However, no municipality, county, or local government may enact local laws or ordinances that require the payment of any fee or tax related to a specific pawn transaction or purchase. This provision shall not apply to occupation license fees or occupation taxes."

SECTION 2.
Code Section 44-12-136 of the Official Code of Georgia Annotated, relating to the supervision of pawnbrokers by municipalities, is revised 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 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All laws and parts of laws in conflict with this Act are repealed.