Committee adopts amendment and advances bill limiting cities’ use of fines and forfeitures
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Summary
Lawmakers amended and approved HB 140 to phase in caps on the share of municipal budgets that can come from fines, fees and forfeiture proceeds, stepping the cap down to 15% by 2030 and creating an escheat provision for excess funds to the state general fund.
The House Governmental Affairs Committee adopted an amendment and voted to advance House Bill 140, a measure intended to curb municipal reliance on citation revenue.
Representative Gullit, the bill’s author, described HB 140 as the “End Taxation by Citation Act,” arguing cities should not balance budgets through excessive ticketing or civil forfeiture. The original concept proposed a 10% cap; the committee considered and approved a committee substitute and additional amendment that phases the allowable share down over several years.
The amendment read into the record sets a stepped schedule: no more than 30% of a municipality’s appropriated funds from fines, fees or forfeitures for fiscal years beginning on or after Jan. 1, 2027; 25% for fiscal years beginning on or after Jan. 1, 2028; 20% for fiscal years beginning on or after Jan. 1, 2029; and 15% for fiscal years beginning on or after Jan. 1, 2030. The amendment further provides that any funds collected in excess of those thresholds “shall escheat to the state” within 30 days of the municipality’s fiscal year end and be deposited in the state general fund.
Supporters and witnesses discussed the bill’s equity and fiscal impacts. Ray Kaufani, an independent consultant, said Georgia has among the highest concentrations of cities that rely heavily on fines and fees and argued the measure is a safeguard against court debt and economic harm. Former Georgia Department of Public Safety Commissioner Colonel Hitchens described longstanding enforcement workarounds and cautioned that some smaller jurisdictions run heavy ticketing operations; he also noted training and certification issues for speed detection.
Representative Gullit and others said the substitute and amendment were developed with input from the Georgia Municipal Association; Gullit told the committee the amendment provides a longer runway and affects fewer cities immediately than a straight 10% cap.
The committee moved, seconded, and adopted the Gullit amendment by voice vote and then approved the bill as amended by voice vote. The chair announced the bill “proceeds to rules.” The transcript did not record a roll-call tally.
What’s next: HB 140 will be transmitted to the House rules/drafting process for further consideration.
