This legislation makes several changes regarding the redemption of property on or after July 1, 2016, which has been sold under a tax execution. In the event that a tax sale purchaser has paid any sums to property owners', condominium, or owners' associations, then any person who subsequently redeems the property must repay such amounts to the tax sale purchaser in addition to the current statutory redemption amounts. This change would help the tax commissioner sell these properties at a tax sale.

This legislation allows injunctions and declaratory judgment actions to be brought against the county (i.e., it waives sovereign immunity) when the county causes injury to a person by acting in violation of the Georgia Constitution or state law.  This waiver of sovereign immunity does not allow the person bringing the lawsuit to obtain monetary damages, attorney's fees or litigation costs.  HB 59 does not allow inmates or institutionalized individuals to bring injunctions or declaratory judgment actions against counties.  

This legislation prohibits counties from assisting the armed forces of the United States in investigating, prosecuting or detaining any person who was part of or supported al-Qaeda, the Taliban or associated foreces engaged in hostilities against the U.S. or its coalition partners or anyone who commits a belligeraent act against the U.S. or its coalition allies under the law of war if the investigation, prosecution or detention would be in violation of the U.S. Constitution, the Georgia Constituion or any Georgia law.

This legislation rewrites the Georgia Code of Military Justice to be more in line with the Federal Code of Military Justice. 

This legislation increases the maximum expense allowance for trial jurors and grand jurors from a minimum of $5.00 to a maximum of $50 to $75 per day. The minimum compensation remains at $5.00 per day.

This legislation relocates and rewrites the civil procedure by which law enforcement seize and dispose of property or assets involved with illegal activity by state and local law enforcement. For a general summary click here.  This legislation was amended to include the language from H.B. 418 which changes the qualifications for persons serving on the grand jury.

This legislation will require the sheriff to report on a standardized form, the assets and cash seized and forfeited, and submit to the county commission, as well as the Carl Vinson Institute.  Counties should continue to include this form with the budget submission to the Carl Vinson Institute. If the Sheriff fails to comply with reporting requirements their ability to seize assets and forfeitures will be suspended.

This legislation requires all deeds under power to be recorded within 90 days of a foreclosure sale or the holder is required to pay a late filing penalty of $500 to the superior court clerk. The clerk remits these fees to counties for properties in the unincorporated areas and to cities for properties therein. All monies collected must be used for code enforcement, public safety, and community development purposes. Cities must pay the county a 5 percent administrative fee for the clerk collecting and remitting this money.

This legislation changes the qualifications for grand jurors. This bill excludes individuals in pre-trial release or diversion programs, serving a sentence under the first offender act, or participating in an accountability court program from serving on the grand jury. This legislation provides that no indictment can be quashed as a result of a grand juror's ineligibility to serve.

This legislation requires the Georgia Superior Court Clerks' Cooperative Authority to create and maintain a trade name registry. This bill provides that $5.00 of the $15.00 registration fee be retained by the Superior Court Clerk's Cooperative Authority to create and maintain the statewide database until the year 2020. However, that is offset by the new $15.00 renewal fee.

This legislation prohibits cities and counties from requiring, by ordinance or resolution, businesses or industries to operate on either of the two rest days of Saturday or Sunday. Efforts to exempt businesses contracting with a local government to provide such services as ambulance, taxi, water, sewer, etc. were soundly rejected. Additionally, no minister, cleric or religious practitioner shall be required to solemnize any marriage, perform any rite, or administer any sacrament in violation of his or her right to the free exercise of religion.