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2018 Georgia Code 44-12-135 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-12-135 Case Law from Google Scholar Amendments to OCGA 44-12-135

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 3 BAILMENTS

44-12-135. Effect of part on local laws.

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.

(Ga. L. 1977, p. 1194, § 6.)

Law reviews.

- For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).

JUDICIAL DECISIONS

County ordinance not in conflict.

- Since the stated purpose of Gwinnett County, Ga., Ord. No. 82-11 was to impede the sale of stolen property, and its requirements were designed to achieve that end, it was a proper use of the county's police power; further, by expressly preserving local laws in O.C.G.A. § 44-12-135, which included county ordinances, the legislature had in effect "authorized" them, and so Gwinnett County, Ga., Ord. No. 82-11 did not conflict with O.C.G.A. § 44-12-138. Pawnmart, Inc. v. Gwinnett County, 279 Ga. 19, 608 S.E.2d 639 (2005).

RESEARCH REFERENCES

Am. Jur. 2d.

- 54 Am. Jur. 2d, Moneylenders and Pawnbrokers, §§ 6, 7.

C.J.S.

- 70 C.J.S., Pawnbrokers, § 2.

Cases Citing O.C.G.A. § 44-12-135

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Pawnmart, Inc. v. Gwinnett Cnty., 608 S.E.2d 639 (Ga. 2005).

Cited 13 times | Published | Supreme Court of Georgia | Feb 7, 2005 | 279 Ga. 19, 2005 Fulton County D. Rep. 344

...ty, and general welfare. [3] The Ordinance's stated purpose is to impede the sale of stolen property, and its requirements are designed to achieve that end. Therefore, the Ordinance is a proper use of the County's police power. [4] In addition, OCGA § 44-12-135 provides that "[n]othing in this part shall supercede existing local laws nor relieve a pawnbroker from the necessity of complying with them....
...Pawnmart argues that OCGA § 44-12-136, by granting "municipal authorities" the right to regulate pawnbrokers, has by implication preempted the right of counties to do so. But as stated above, the legislature clearly indicated its intent not to preempt "local laws." Even pretermitting that there is some conflict between OCGA § 44-12-135 and OCGA § 44-12-136, we note that the former was adopted in 1977, while the latter dates back to 1868 and was most recently amended in 1933. It is well-settled in Georgia that "the rule for construing statutes which may be in conflict is that the most recent legislative expression prevails." [5] Thus, OCGA § 44-12-135 prevails....