Forfeitures, Fees, and Fine Add Ons (42)
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Date of Last Recorded Action: 5/8/2018

HB 0014 InactiveClarification - All Fees Collected By the Sheriff Go To General Fund Jeff Jones
5/1/2017 House Date Signed by Governor Judiciary Judiciary
2017/01/13-Report 2017/03/10 - Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
Revenue & Finance Sheriff
During the 2010 legislative session, a bill was passed and enacted dealing with juries.  Inadvertently, language requiring sheriffs to remit fees collected to the county within 30 days of receipt was deleted from this particular code section.  This legislation simply adds the language back. 
HB 0081 SupportHospital Authorities and Contractors Intercept Income Tax Returns to Pay Medical Bills Tom McCall
3/1/2018 Senate - Senate Read and Referred Ways and Means Finance
2017/01/27-Report 2018/02/23 Report 2018/03/2 Report Clerk of Court Debra Nesbit
Forfeitures, Fees, and Fine Add Ons Health and Human Services Hospital Authority Indigent Health Care Juveniles
Magistrate Court Probate Court Public Safety and Courts Revenue & Finance State Court
Superior Court
This legislation allows health care facilties created, formed or operated on behalf of a hospital authority to intercept tax refunds to pay outstanding medical bills. 
HB 0120 WatchRevision of Notary Law Andrew Welch
1/26/2017 House - House Second Readers Judiciary -
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts Sheriff
This law revises the requirements for becoming and performing as a public notary.  
HB 0137 NeutralRestriction of Contingency Fees for Appointed Assistant District Attorneys in Forfeiture Action Scot Turner
3/7/2018 Senate - Senate Committee Favorably Reported By Substitute Judiciary Judiciary
Clerk of Court Criminal Procedure Debra Nesbit District Attorneys Forfeitures, Fees, and Fine Add Ons
Public Safety and Courts Revenue & Finance
This legislation prohibits district attorneys from compensating appointed assistant district attorneys on a contingent basis by percentage of assets realized from a forfeiture.
HB 0149 NeutralRequirement for Counties to Use Only GBI Approved Trauma Scene Cleanup Services and Consolidation of Fire Services Alan Powell
3/29/2018 Senate - Senate Disagreed House Amend or Sub Public Safety and Homeland Security Public Safety
2017/03/06 - Report 2018/03/16 Report 2018/03/23 Report Business and Occupation Tax Code Enforcement
Coroners/Medical Examiners Debra Nesbit Emergency Management/Preparedness EMS/Ambulance Fire Services
Forfeitures, Fees, and Fine Add Ons Georgia Bureau of Investigation Health and Human Services Law Enforcement Nat. Res. & the Environment
Public Safety and Courts Sheriff Solid Waste
This legislation preempts county and city governments from requiring licenses or permits for trauma scene waste management practitioners or regulated waste transporters.  When hiring a company to cleanup or remove trauma scene waste, counties and cities must hire a company approved by the Georgia Bureau of Investigation.  This bill was amended to include S.B. 319 which provides for the Consolidation of all Fire Services into a separate state agency.
HB 0150 NeutralState Road and Tollway Authority: Failure to Pay Alan Powell
7/1/2018 Effective Date Transportation Transportation
Econ. Dev. & Transportation Forfeitures, Fees, and Fine Add Ons Kathleen Bowen Public Safety and Courts Revenue & Finance
Traffic Enforcement Transportation
This legislation allows the State Road and Tollway Authority to place a hold on the motor vehicle registration of a vehicle upon which a toll was not paid.  It also allows for setoff of the amount owed on income tax refunds.
HB 0159 NeutralAdoption Code Rewrite Albert Reeves
9/1/2018 Effective Date Judiciary Judiciary
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons Health and Human Services Open Records/Meetings Act
Probate Court Public Safety and Courts Sex Offender
This legislation substantially revises and modernizes the adoption laws in Georgia. 
HB 0446 Support9-1-1 Local Government Authority and Increased Revenue for 9-1-1 Centers Alan Powell
3/30/2017 House Withdrawn, Recommitted Energy, Utilities & Telecommunications -
2017/02/24 - Report 911 Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government
Law Enforcement Public Safety and Courts Revenue & Finance Sheriff
This legislation creates the Local Government 9-1-1 Authority which will provide coordination, planning, enforcement of statutory requirements for the payment of 9-1-1 fees, auditing, and development of best practices and standards for the operation of 9-1-1 Centers.  For a section by section summary click here.  For talking points click here.  Identical legislation dropped in Senate S.B. 222.
HB 0449 InactiveDeKalb County; taxes, fees, and assessments; change certain provisions Tom Taylor
3/16/2017 House Date Signed by Governor Intragovernmental Coordination State and Local Governmental Operations
Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons Local Legislation Property Tax
Revenue & Finance
HB 0505 NeutralCivil Forfeiture Proceedings - Stay Until Conclusion of Criminal Proceedings Scot Turner
3/1/2017 House - House Second Readers Judiciary -
Civil Procedure Criminal Procedure Forfeitures, Fees, and Fine Add Ons Larry Ramsey Public Safety and Courts
This legislation changes the procedures for civil forfeiture. At present, the courts have the discretion to put on hold any civil forfeiture actions until conclusion of the related criminal proceedings. This legislation would make mandatory that civil forfeitures cannot happen until adjudication of guilt in the related criminal proceedings.
HB 0512 OpposeStorm Water Utility Fees - Water Neutral Properties Regina Quick
3/1/2017 House Second Readers Natural Resources & Environment -
Forfeitures, Fees, and Fine Add Ons Health and Human Services Kathleen Bowen Nat. Res. & the Environment Revenue & Finance
Stormwater Water Quality
This legislation prohibits counties and cities from assessing stormwater utility fees on properties certified as a water-neutral site by a professional engineer. The property owner would be responsible for submitting the proof of certification. 
HB 0529 EvaluatingAnimal Welfare - Illegal to Transport Critters in Back of Truck Karla Drenner
3/6/2017 House Second Readers Agriculture & Consumer Affairs -
Agriculture Animal Control Code Enforcement Criminal Procedure Farm
Forfeitures, Fees, and Fine Add Ons General County Government Law Enforcement Preemption Public Safety and Courts
Todd Edwards Traffic Enforcement
This legislation prohibits carrying live animals in the backs of trucks on Interstates.  Certain farm-related purposes/animals are exempted.  The bill also preempts county and city ordinances, as well as caps fines associated with, the transportation of live animals in the back of vehicles on the interstate.
HB 0533 OpposeLocal Right of Way - Preempt and Authorize Unlimited, Unfettered Access for Wireless Structures Brett Harrell
3/6/2017 House Second Readers Energy, Utilities & Telecommunications -
Business and Occupation Tax Code Enforcement Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Roads Todd Edwards
Transportation Utilities

This complex and lengthy bill provides as close to unfettered access to county and municipal rights of way (ROW) as possible for wireless providers to construct unlimited wireless support structures/poles (50' high, or 10' taller than any existing pole within 500'), antennas (up to 6 cubic feet), equipment boxes (up to 28 cubic feet) and other infrastructure in order to roll out 5G service in metropolitan areas.  The bill limits or preempts a broad range of county decisions regarding: wireless structures within and outside public ROW, collocation of small wireless facilities, zoning reviews for cell towers and wireless support structures, modifications to wireless facilities outside public ROW, location of wireless facilities on local government owned utility poles, and county jurisdiction over small wireless facilities on private property. For example, HB 535 would bar local governments from subjecting certain wireless facilities to zoning review and approval, limit fees that counties and cities could impose for permitting, regulating and managing access to public ROW by wireless companies, and impose unrealistic shot clocks for counties to make decisions regarding various wireless facilities; otherwise the applications are "deemed approved". In addition, the bill would prohibit counties from requiring that wireless providers indemnify and hold the county harmless against claims arising from negligent acts of the provider and does not provide that these structures be removed or relocated, at provider expense, for road widening, maintenance or emergency situations. Lastly, counties can only deny a permit for this infrastructure if it violates stipulations in the bill... which are slim to none.  

  

HB 0693 OpposeProhibits Liens on Property Where Solid Waste Fees Are Delinquent Brett Harrell
2/21/2018 Senate - Senate Read and Referred Ways and Means Natural Resources and the Environment
2018/01/19 Report 2018/01/26 Report 2018/02/09 Report 2018/02/16 Report 2018/02/23 Report
Forfeitures, Fees, and Fine Add Ons Kathleen Bowen Nat. Res. & the Environment Property Tax Revenue & Finance
Solid Waste
This legislation would repeal the state law that permits local governments to place liens on properties for unpaid trash fees without going to court first. Local governments would still have other collection options, including filing a claim in Magistrate Court; a judgment from Magistrate Court can still be filed as a lien against the property of the debtor. Because direct filing of trash liens provides another tool for local government collection of unpaid fees, ACCG opposes this legislation.

The House passed HB 693 on 2/20/18. Vote Tally Link 
HB 0770 EvaluatingLaw Library Funding - Delete Provision for Largest Counties Samuel Park
1/31/2018 House - House Second Readers Judiciary -
2018/02/02 Report Forfeitures, Fees, and Fine Add Ons General County Government Local Legislation Population Acts
Revenue & Finance Todd Edwards
This legislation eliminates a provision in state code stipulating how law library funds are received and distributed in counties having a population of 950,000 or more (Fulton County).  The targeted provision currently requires said funds be paid into the county's general fund to be used for the courts, including maintenance of the law library fund, but there would be no law library fund.     
HB 0792 SupportReauthorize Hazardous Waste Trust Fund / Increase in Landfill Host Fee Terry Rogers
6/30/2018 Effective Date Ways and Means Natural Resources and the Environment
2018/02/02 Report 2018/02/09 Report 2018/02/16 Report 2018/03/16 Report 2018/03/23 Report
Forfeitures, Fees, and Fine Add Ons Kathleen Bowen Nat. Res. & the Environment Revenue & Finance Solid Waste

This legislation renews the fees that make up the Hazardous Waste Trust Fund (HWTF) for one year, from July 1, 2018 to July 1, 2019. Most of the fees come from the state’s 75-cent per-ton tipping fee on solid waste going into Georgia’s landfills – a fee counties pay if they own/operate landfills. 

This legislation also includes language to increase the state’s minimum local solid waste cost reimbursement (host) fee from $1 to $2.50 per ton on waste going to privately owned landfills. The $1 minimum fee has been in existence since 1992 and for the past ten years, ACCG has included in our policy platform a request for the host fee to increase.  ACCG was supportive of the efforts led by Sen. Burt Jones to increase this fee. 

Details: 
  • Host fee minimum increases from $1 to $2.50 per ton but not effective until July 1, 2019. This increase only applies to a municipal solid waste disposal facility that is owned by a private entity. 
  • Coal ash minimum fee is $1 per ton until 2025 when it will then increase to the $2 per ton minimum fee.
  • Inert waste, construction and demolition waste minimum is $1 per ton.
  • All of these fees are the minimum, not the ceiling. Counties can negotiate host fees, other fees and charges above the minimum. No host fees are to be reduced if they are in existence on July 1, 2019.
  • 50% of the host fee collected shall be used for these purposes:
    • To offset the impact of the facility
    • Public education efforts 
    • Cost of solid waste management
    • Administration of the local/regional solid waste management plan
    • Repair of damage to roads and highways associated with the facility
    • Enhancement of litter control programs
    • Ground-water and air monitoring and protection
    • Remediation and monitoring of closed or abandoned facilities
    • Infrastructure improvements associated with the facility
    • Reserve fund allocation
    • Acquisition of property adjacent or in reasonable proximity to the facility to serve as beautification, environmental, buffering or recreational purposes
    • Fees not used for the above purposes (the remaining 50%) can be used for other governmental expenses.
 
HB 0812 EvaluatingAddition of the Magistrate Court to those Authorized to Collect Law Library Fee Chad Nimmer
2/22/2018 House - House Committee Favorably Reported Judiciary -
Debra Nesbit Forfeitures, Fees, and Fine Add Ons Magistrate Court Public Safety and Courts Revenue & Finance
This legislation clarifies the authorization of the magistrate courts to impose the law library fee of $5.00 per court.
HB 0855 NegotiatingIncrease in Joshua's Law Add-on Fee to all Traffic Violations John Deffenbaugh
2/13/2018 House - House Committee Favorably Reported By Substitute Public Safety and Homeland Security -
2018/02/09 Report Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts Traffic Enforcement
This legislation doubles the amount of the fine add on to all traffic violations to fund driver training (Joshua's Law) from 1.5 percent of fine to 3 percent of fine.
HB 0862 NeutralLicense Plate Fees - Waiver for Specialty Plates for Alternative Fueled Vehicles Sam Teasley
2/12/2018 House - House Second Readers Motor Vehicles -
Econ. Dev. & Transportation Forfeitures, Fees, and Fine Add Ons Larry Ramsey Nat. Res. & the Environment Revenue & Finance
Tags/Titles
This bill would waive fees for the manufacturing and issuance of specialty license plates for alternative fueled vehicles.
HB 0912 NeutralSpalding County; State Court; provide for imposition of court costs in certain criminal cases David Knight
5/8/2018 Veto V13 Intragovernmental Coordination State and Local Governmental Operations
Forfeitures, Fees, and Fine Add Ons Local Legislation Public Safety and Courts Revenue & Finance State Court
HB 0914 NeutralPenalties for Passing Stopped School Bus Don Parsons
2/15/2018 House - House Withdrawn, Recommitted Ways and Means -
Forfeitures, Fees, and Fine Add Ons Larry Ramsey Public Safety and Courts Revenue & Finance
This bill amends the setoff debt collection procedure under OCGA 48-7-161 and applies it to any amounts owed as civil penalties for violating any provision of OCGA Chapter 40-6, the uniform rules of the road. It also amends that Code chapter and includes new criminal and civil penalties for unlawfully passing a school bus. Under this bill, passing a stopped school bus would be a criminal misdemeanor if the act is 1) observed by a law enforcement officer or 2) recorded in detail (including license plate number) by the school bus operator. Illegal passing of a school bus that is recorded on video equipment would be subject to civil penalties enforceable in magistrate court.
HB 0917 NeutralUpdate of Terminology Relating to Technology in Criminal Code Matt Dollar
3/29/2018 House - House Agreed Senate Amend or Sub As Amended Judiciary - Non-Civil Judiciary
Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
This legislation updates the current statutes to update terminology to include current technology that may be used in the commission of a crime.
HB 0969 EvaluatingIncrease in Burden of Proof in Civil Forfeiture Proceedings Scot Turner
2/26/2018 House - House Postponed Judiciary -
2018/02/23 Report Debra Nesbit District Attorneys Forfeitures, Fees, and Fine Add Ons Public Safety and Courts
Revenue & Finance
 This legislation increases the burden of proof from preponderance of evidence to clear and convincing evidence in civil asset forfeiture proceedings.
HB 0975 OpposeSolid Waste Management: Coal Ash Disposal Robert Gasaway
2/22/2018 House - House Second Readers Natural Resources and Environment -
2018/02/23 Report Business and Occupation Tax Forfeitures, Fees, and Fine Add Ons General County Government Kathleen Bowen
Nat. Res. & the Environment Revenue & Finance Solid Waste
The legislation addresses the disposal of coal combustion residuals.  The bill removes the host fee for coal combustion residuals disposals but authorizes the county operated municipal solid waste disposal facility to charge a fee up to .25 cents per ton for the disposal of coal combustion residuals.  In addition, for privately owned municipal solid waste disposal facilities, a new state excise tax of $2.50 per ton is to be charged to the producer for the disposal of coal combustion residuals. 
HB 1035 NeutralMuscogee County; Magistrate Court to impose and collect county law library fees; authorize Calvin Smyre
6/7/2018 Effective Date Intragovernmental Coordination State and Local Governmental Operations
Forfeitures, Fees, and Fine Add Ons Local Legislation Magistrate Court
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