This bill re-writes and modernizes Georgia's nearly 150 year old evidence code.  The new language largely tracks the Federal Rules of Evidence and applies to any motion, hearing or trial in Georgia's state courts on or after January 1, 2013.

The bill rewrites Title 24. It also modifies, in part, Titles 7-10, 14-17, 20, 22, 26, 28, 29, 31, 33-37, 40, 42-46, 48-50, 52, & 53.

HB 41 reduces the fee paid to the superior court clerks for preparing trial records for appeal from $10.00 per page to $1.00 per page. This bill also provides that the judicial operations fund fee will not apply to the issuance of certificate of appointment or reappointment of notaries public.

The clerk of superior court is required to provide an exact copy of the record (not to include the transcript) in all capital criminal cases where there was a conviction at no cost to the Attorney General's Office.

This legislation would authorize each county to ask the voters for approval to levy an additional fractional local sales tax up to one percent for the purposes of funding local government operations, capitol and economic development activities, including local cultural assets important for tourism, education and job creation.

The supplemental appropriations bill provides for the midyear adjustment to the FY2011 budget.  Click here for more info on how this budget could impact counties.

This bill is the general appropriations for FY2012 for to view full bill click HERE

To view a summary of the appropriations that impact the counties click

This bill removes cities' ability to annex unincorporated islands without residents' consent effective January 1, 2013. This provision was enacted in 1992 to encourage cities to incorporate unincorporated islands that existed prior to the prohibition of their creation. The bill failed twice in the Senate.

This bill defines contiguous property for the purposes of qualifying for the special tax assessment under the Forestland Protection Act. When a portion of the land under a covenant is sold, it restricts penalties and interest to the party that breaches the covenant on their share of the land owned under the covenant.  The land of the non breaching owner remains in the covenant without penalty.  If property of less than 200 acres is purchased that is contiguous to an existing covenant, it can may be added to the existing covenant for the remainder of the covenant period.

Current law requires that 35% of the registered voters file a petition with the election superintendent to call a referendum to let the voters decide whether the manufacture, sale and distribution of liquor would be allowed in the county. HB 96 would allow a referendum upon the signature of 5% of the registered voters of a county. The bill also specifies that the referendum could only be held in connection with a general primary.

HB 100 creates a Georgia Tax Tribunal within the Office of State Administrative Hearings to hear only tax cases involving the Georgia Department of Revenue.

HB 110 sets forth procedures to which a county or city must adhere in developing registries for foreclosed and vacant real property. The intent of these registries is to identify responsible parties that can be held accountable for properly maintaining the properties so that surrounding neighborhoods are not adversely affected.  The bill defines foreclosed and vacant properties and imposes a cap on registration fees at $100 per registration and fines for noncompliance at no more than $1000. The bill also expressly allows local governments to require owners of the registered properties to update contact information for properties in the registry. While ACCG opposed earlier versions of the bill which were designed to make registries infeasible, HB 110 in its current form, with amendments adopted by the Senate, is acceptable.  The effective date is July 1, 2012 pending the Governor's signature.

This bill makes several changes to the regulation of motor carriers, including limiting the ability of counties and cities to perform regulatory compliance inspections except as authorized by the state. It further alters a number of definitions. Please let ACCG know if you have any issues with this bill.

HB 114 provides that the fee for filing affidavits relating to the lien foreclosures on abandoned motor vehicles will be $10, as is provided in current statute, and no additional fees, such as the judicial operations fund, and other surcharges will be added.  Also adds a new section defining the contents of that can be retrieved from an impounded motor vehicle.

This GDOT bill previously required counties to remove asbestos pipes in the state right-of-way. The bill was amended to now only require the county to notify GDOT when abandoning asbestos pipe and to retain ownership, similar to the abandonment of a county road. 

This bill re-writes Georgia's law on ownership of dangerous and vicious dogs. If a dog bites, attacks or attempts to bite or attack a person or domestic animal, then the owner of the dog or the person providing care to the dog will be liable for any damages, including consequential damages.  

HB 146 does not allow anyone in a residentially zoned area to train dogs to attack humans (or house dogs that have been trained to attack humans) unless such a use is specifically allowed in the county's zoning regulations.

HB 146 does not allow a person convicted of a serious felony, felony dogfighting or animal cruelty, felony trafficking of illegal drugs to own or reside with a dog that has not been spayed or neutered or a dog that has been classified as dangerous or vicious until ten years after the felon has completed his or her sentence.

HB 146 allows any judge to order the euthanasia of a dog if the court finds, after notice and an opportunity to be heard, that the dog has killed or seriously injured a person or presents a danger to people.

HB 146 also rewrites the Dangerous Dog Control Law as the Responsible Dog Ownership Law.

Under current law, a magistrate may only be removed from office for cause or for failure to complete required training. The removal is by the Judicial Qualifications Commission. HB 149 would allow the chief magistrate to petition the chief superior court judge to remove an appointed magistrate with or without cause. If the majority of superior court judges agree, then the chief magistrate can terminate an appointed magistrate.

Local law or the superior court judges determine how many magistrates are authorized for the county. The statute currently provides that the number may not be reduced to remove a magistrate from office in the middle of a term. HB 149 removes this requirement, which would allow a magistrate to be removed in mid-term if the number of magistrates authorized for the county is decreased pursuant to local legislation or decision of the superior court judges.

HB 158 changes the election of judges back from the November general election to the summer primary election. The author explains this will potentially save counties money by avoiding costly run-offs solely for judicial offices and it reverts the elections back to the dates in place prior to 2005.  

HB 162 clarifies that a person on the sexual offender registry may not take a picture of a minor without the parent's permission.

Current law forbids the sale of alcoholic beverages within 100 yards of any housing authority property. HB 165 allows the county and housing authority to agree to allow the sale of alcohol within this 100 yard zone using one of two methods. Using the first method, the person seeking an alcoholic beverage permit within this area could submit an application to the county, which would be forwarded to the housing authority board to review. Within 30 days of receiving the application, the housing authority board has the opportunity to provide the county with a recommendation to grant or deny the application. After the 30 day period or after receiving a recommendation, the county may grant the application.The second method would allow the applicant to get a written recommendation for approval from the housing authority to submit with their application to the county.

Under the Service Delivery Act cities and counties cannot charge residents outside their jurisdictions water and sewer fees that are arbitrarily higher than the fees charged to residents of their jurisdiction. HB 174 adds that arbitrarily-higher "rates" would also be prohibited and the definition of fees would now include "account fees or other customer fees." If the reasonableness of a rate or fee is challenged by a county or city, current law requires that a qualified engineer must prepare a rate study. HB 174 removes the requirement for this rate study.

HB 179 addresses removal or maintenance of trees and vegetation near billboards on the state road system. Billboard owners would have to get a vegetation removal permit through the Department of Transportation. The law includes protection for trees that are considered historic or landmarks. For signs taller than 75 feet, in order to get a vegetation maintenance permit from the DOT, the owner would have to agree to reduce the height of the sign to 75 feet unless lowering the sign is precluded by a county code or regulation. If the height reduction involves a new support mechanism, like a new pole, then the owner is required to get a written footer inspection from the county. The Department of Transportation may refuse to grant a vegetation maintenance permit for any signs with material that is considered "obscene" in accordance with state or local law.

HB 214 removes the public health duties of the Department of Community Health and re-creates the Department of Public Health.

HB 223 exempts structures on farms built primarily to store manure and dead animals from any building codes.

HB 224 would require off-road vehicles to be registered and licensed by the State.  Vehicles owned by local government or used exclusively for agricultural or construction are exempted from this requirement.

This bill creates the Georgia Tourism Development Act to promote the development of new tourism attractions or expansions of existing tourism attractions that are supported by at least 25 percent from out of state visitors.  It authorizes the incremental increase in state and county/city sales tax generated from the project to be applied toward a tax refund up to 25 percent of the project costs over a ten year period.  To qualify the project must have a cost in excess of one million dollars, be approved by the local governing authority, the Governor and enter into an agreement with the Department of Community Affairs.  Tourism projects include cultural or historic sites, recreation or entertainment venues, and convention and hotel conference centers.