Forfeitures, Fees, and Fine Add Ons (29)
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Date of Last Recorded Action: 4/22/2024

HB 0001 NeutralGeorgia Uniform Civil Forfeiture Procedure Act Wendell Willard
2/7/2014 House Committee Favorably Reported By Substitute Judy --
Auditing/Budget Civil Procedure Clerk of Court Criminal Procedure Debra Nesbit
District Attorneys Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services Indigent Defense
Law Enforcement Public Safety and Courts Revenue & Finance Revenue and Finance Sheriff
Superior Court
This legislation is a restructuring of the Civil Forfeiture Procedure Act which impacts drug forfeitures and seizures.  This statute is one of law enforcement's most effective tools in bringing down criminal enterprises. The district attorney, through a judicial process, can seize cars, cash and property of drug dealers and other criminals.  Many county commissioners refer to this forfeited property as drug fund money. The funds and property are used for law enforcement training, equipment and investigative expenses. The revised HB 1 standardizes the reporting requirements for law enforcement, and creates a new process for district attorney forfeiture funds.
HB 0044 SupportPassport Application Fees as Clerks' Personal Compensation Ehrhart, Earl 36th
1/16/2013 House - House Second Readers Judy --
Clerk of Court Forfeitures, Fees, and Fine Add Ons General County Government Public Safety and Courts Todd Edwards
Currently, Superior Court Clerks keep, as personal compensation, the $25 fee charged for processing U.S. passport applications.  This bill requires the Clerks to turn over these fees to the county governing authority.  Note that counties would remain free to provide this revenue back to the Clerk's office in whole or in part. 
HB 0127 SupportRedirected Fees - Having Fees Appropriated for Designated Purposes Powell, Jay 171st
3/5/2013 Senate - Senate Read and Referred App APPROP -
Appropriations Clerk of Court District Attorneys Forfeitures, Fees, and Fine Add Ons General County Government
Indigent Defense Law Enforcement Nat. Res. & the Environment Public Safety and Courts Revenue & Finance
Solicitors Solid Waste Todd Edwards Training
This legislation, one of ACCG's top priorities, seeks to halt the now-common state practice of redirecting fees from their designated purposes to the state's general fund for other uses.  If fees for the Solid Waste Trust Fund, Hazardous Waste Trust Fund, Indigent Defense, Peace Officers and Prosecutors Training Fund and teen driver's education are not appropriated for their intended use, the fees will be reduced or eliminated, proportionate to the amount that is redirected. 
 
While the Senate once again halted this legislation, HB 276 did pass both chambers, applying the above fee-reduction mechanism to the Hazardous and Solid Waste Trust Funds.    
 
Click here for ACCG's HB 127 Press Release
 
Click here for ACCG's sectional summary of HB 127
 
Click here for ACCG's implementation timeline for HB 127        
HB 0141 NeutralRequirement to Post Notice Regarding Human Trafficking - Mandated Notices Lindsey, Edward 54th
5/6/2013 House - Effective Date JudyNC JUDYNC -
Debra Nesbit Forfeitures, Fees, and Fine Add Ons Law Enforcement Public Safety and Courts
This legislation requires bars, massage parlors, truck stops, rest areas, airports, hotels, emergency rooms, urgent care centers, job recruitment centers, farm labor contractors and day haulers to post notices on a form developed by the Department of Safety regarding a hot line for victims of kidnapping, slavery and human trafficking. Law enforcement is required to notify any of the businesses who fail to post the required sign in writing that failure to correct the deficiency within 30 days is a misdemeanor punishable by a fine of up to $500. The legislation purports to exempt the costs of prosecution from taxes and additional penalties, fees or surcharges.
HB 0215 NeutralFilings in the Clerk of Superior Court Office/Office Hours Benton, Tommy 31st
7/1/2014 Effective Date Judy JUDY -
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government Leg Update Draft
Personnel/Employment Public Safety and Courts
This legislation allows, but does not require, superior court clerks to require payment of filing fees before accepting an instrument or document for recording.  It also allows the clerks to require that an instrument or document meet all filing requirements before accepting it for recording.
 
Current law requires the superior court clerk's office to be open from 9:00 a.m. until 5:00 p.m.  This legislation provides some flexibility for a lunch hour closure if the office opens at 8:00 a.m., has a lunch break from 12:00 p.m. until 1:00 p.m. and closes at 5:00 p.m.
HB 0276 SupportHazardous Waste Trust Fund - Fixing the Redirection of Fees Nimmer, Chad 178th
5/7/2013 House Date Signed by Governor NR&E NR&E -
Forfeitures, Fees, and Fine Add Ons Nat. Res. & the Environment Revenue & Finance Todd Edwards
This legislation renews the fees that make up the Hazardous Waste Trust Fund (hazardous waste transporting, disposal, and the state's 75-cent-per-ton solid waste tipping fees, among others) for five years, from July 1, 2013 to July 1, 2018. Since 2004, over 60 percent of these fees have been redirected to the state's general fund, not going toward their statutorily-dedicated purpose of cleaning up hazardous sites, including old county landfills. 
 
The bill applies a fee-reduction mechanism (also found in HB 127) to fix the redirection of HWTF and Solid Waste Trust Fund fees.  If fees for these two trust funds are not appropriated for their designated purposes, then the fees will be proportionately reduced the following year.
 
Addressing the redirection of these fees was one of ACCG's policy priorities this legislative session. 
 
Click here for a chart and summary of the HWTF's redirected fees since 2004.
Click here for a chart and summary of the SWTF's redirected fees since 2004.   
 
HB 0320 SupportInert Landfills - Exempt from DNR Rule Harden, Buddy 148th
7/1/2013 House - Effective Date NR&E NR&E -
Forfeitures, Fees, and Fine Add Ons Nat. Res. & the Environment Solid Waste Todd Edwards
In January of 2013, the Board of Natural Resources adopted rules taking inert landfills out of the "permit-by-rule" category and requiring facility owners to instead obtain a solid waste handling permit which entails additional, substantive regulations and costs. This bill exempts from that new rule any inert landfill, public or private, which as of January 1, 2014 is certified by a professional engineer as being in full compliance with all permit-by-rule requirements as they previously existed before the DNR rule change. 
HB 0411 OpposeCreation of Detention Facility Commissary Fee - Requirements for Use Welch, Andrew 110th
2/22/2013 House - House Second Readers SProp --
Correctional Institutions/Jail Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts Sheriff

 This legislation requires inmates to pay an annual $25 user fee to make purchases at the commissary. The detention facility may keep $5 to be placed in its operating account to fund inmate services.  The other $20 must go to the governing authority to be placed in a separate account and used for sexual assault centers, rape crisis centers, or human trafficking shelters.  If the governing authority fails to use the money for such purposes, the money will escheat to the state.

HB 0438 NeutralIncrease in Filing Fee on Court Cases to Fund Alternative Dispute Resolution Powell, Jay 171st
7/1/2014 Effective Date Judy JUDY -
Civil Procedure Debra Nesbit Forfeitures, Fees, and Fine Add Ons Magistrate Court Probate Court
Public Safety and Courts State Court Superior Court

This legislation increases the maximum alternative dispute resolution fee that courts can charge from $7.50 to $10.00 per civil case filed in superior, state, magistrate or probate court.

HB 0595 OpposeEliminate Local Government's Ability to File a Tax Lien for Deliquent Garbage Bills Harrell, Brett 106th
3/14/2013 House - House Second Readers NR&E --
Clint Mueller Forfeitures, Fees, and Fine Add Ons Nat. Res. & the Environment Revenue & Finance
This legislation prohibits counties, cities and other government authorities from putting a lien against a property for unpaid solid waste disposal taxes, fees or assessments. 
 
 
HB 0703 NeutralFree Weapons Carry License for Military Dunahoo, Emory 30th
12/6/2013 House - House Prefiled ---
Firearms/Carry Laws Forfeitures, Fees, and Fine Add Ons General County Government Probate Court Public Safety and Courts
Revenue & Finance Todd Edwards

This legislation authorizes counties, after consulting with the Probate Court Judge, to waive their concealed weapons license fees for honorably discharged veterans and active military service personnel who have served for at least three years to obtain a carry permit free of charge.  Locals could not waive the state's current $43 fee.      

HB 0720 SupportCollection of $5.00 Court Fee to Implement Electronic Citations Lumsden, Eddie 12th
3/10/2014 Senate Read Second Time JudyNC JUDYNC -
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons Law Enforcement Probate Court
Public Safety and Courts Revenue & Finance Sheriff Solicitors

In traffic cases where a fine is imposed that includes costs, courts may charge an additional $5 fee, known as the electronic citation fee, if the "governing authority of the court" has adopted a resolution imposing the fee. The fee must be placed in the Electronic Citation Fund. Each year, the court clerk must provide an annual report and accounting of the fund to the Georgia Superior Court Clerks Cooperative Authority and to each governing authority that approved the resolution imposing the electronic citation fee. The resolution sunsets at the end of each fiscal year and governing authority must adopt a resolution on an annual basis to impose the fee. The Sunset was changed from 5 years from 2019 to 2023.

HB 0858 NeutralColumbus, City of; Recorder's Court; increase technology fee Calvin Smyre
4/29/2014 House Date Signed by Governor IGC SLGO -
Forfeitures, Fees, and Fine Add Ons General County Government Local Legislation Public Safety and Courts
HB 0870 NeutralImposition of Additional Surcharge on Reckless Driving Convictions to Fund the Brain and Spinal Injury Trust Fund Kevin Tanner
1/1/2015 Effective Date JudyNC JUDYNC -
Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts Revenue & Finance
This legislation expands the provision for imposition of a 10 percent add on of any fine for reckeless driving to be remitted to the Brain and Spinal Injury Trust Fund. The expansion of the offenses to which this surcharge attaches would require a constitutional amendment.
HB 0890 SupportFees Collected by Sheriff - Clarification Alex Atwood
3/12/2014 Senate Read Second Time Judy JUDY -
Auditing/Budget County Treasurer Debra Nesbit Forfeitures, Fees, and Fine Add Ons General County Government
Personnel/Employment Public Safety and Courts Revenue & Finance Sheriff
This legislation specifies that sheriffs receiving a salary must transfer collected fees to the county treasurer or fiscal officer. This is a clean up bill to reinstate language that was struck in the 2011 Statewide Jury List Act.
HB 0908 NeutralReauthorize Solid Waste Trust Fund Lynne Riley
6/30/2014 Effective Date NR&E NR&E -
Forfeitures, Fees, and Fine Add Ons Leg Update Draft Nat. Res. & the Environment Revenue & Finance Solid Waste
Todd Edwards

This legislation extends the sunset for the scrap tire fee from June 30, 2014, until June 30, 2019. This fee generates about $6 million annually and is supposed to fund the Solid Waste Trust Fund (for scrap tire clean up, landfill clean ups, litter reduction and recycling efforts at the local level). Over 60 percent of all funds have been redirected to balance the state's general fund since 2004 instead of being used for their statutorily-designated purpose.

HB 1020 OpposeFine Revenue from Citations Issued by Georgia State Patrol Remitted to State Treasury Instead of Counties Ben Harbin
2/20/2014 House Second Readers PS&HS --
Clerk of Court Debra Nesbit Forfeitures, Fees, and Fine Add Ons Law Enforcement Public Safety and Courts
Traffic Enforcement

This legislation would require fines from arrests and citations issued by the uniformed division of the Department of Public Safety to be paid to the state. Under current law, only the fines from tickets and arrests by the Georgia State Patrol on I-285 are paid into the state treasury.

Additionally, this legislation requires counties that participate in a checkpoint as part of a joint operation for license and safety checks to evenly split the fines collected as a result of the checkpoint.

HB 1059 NeutralFulton County State Court; revise certain fees Wendell Willard
4/10/2014 House Date Signed by Governor IGC SLGO -
Forfeitures, Fees, and Fine Add Ons General County Government Local Legislation Public Safety and Courts State Court
HB 1110 NeutralRockdale County State Court; permit court to charge a technology fee Tonya Anderson
3/4/2014 House Second Readers IGC --
Forfeitures, Fees, and Fine Add Ons General County Government Local Legislation Public Safety and Courts State Court
HR 0024 EvaluatingGeneral Assembly; additional penalties or fees for parking in spaces reserved for persons with disabilities; provide - CA Kidd, E. Culver "Rusty" 145th
1/28/2013 House - House Second Readers Judy --
Debra Nesbit Econ. Dev. & Transportation Forfeitures, Fees, and Fine Add Ons Public Safety and Courts Revenue & Finance
Traffic Enforcement
HR 24 calls for voters to decide whether to have a 10% add on to fines for operating a vote under the influence of drugs or alcohol, reckless driving, operating a motorcycle without a helmet, or illegally parking in a space reserved for persons with disabilities.  The funds collected would go to the Brain and Spinal Injury Trust Fund.
HR 1087 SupportTrust Funds - Allow General Assembly to Create and Abolish/Redirect Andrew Welch
1/23/2014 House Second Readers W&M --
Appropriations Econ. Dev. & Transportation Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services
Indigent Defense Nat. Res. & the Environment Public Safety and Courts Revenue & Finance Solid Waste
Todd Edwards Training

This resolution, if ratified by Georgia voters, would allow the General Assembly, by a two-thirds vote, to establish trust funds that have truly dedicated fees (e.g. Hazardous Waste and Solid Waste Trust Funds). The fees could be diverted in a declared financial emergency and majority vote of the General Assembly, or if the General Assembly votes (two-thirds) to do so.        

HR 1183 NeutralAdditional Fees and Surcharges on Reckless Driving Offenses for Remittance to the Brain and Spinal Injury Trust Fund Kevin Tanner
4/22/2014 House Date Signed by Governor JudyNC JUDYNC -
Debra Nesbit Forfeitures, Fees, and Fine Add Ons Health and Human Services Public Safety and Courts Traffic Enforcement
This legislation requires the voters to consider a referendum to approve a constitutional amendment expanding the Brain and Spinal Injury fine add on to apply to reckless driving. This is the companion resolution to HB 870.
SB 0066 SupportIncrease Penalties for Contempt of Court in Superior and State Courts Stone, Jesse 23rd
7/1/2013 Senate - Effective Date Judy JUDY -
Debra Nesbit Forfeitures, Fees, and Fine Add Ons Public Safety and Courts State Court Superior Court
This legislation increases the fine for contempt of courtin State and Superior Court from $500 to $1,000 and/or 20 days of imprisonment. This bill also changes the requirements for filing a claim and answer in magistrate court.
SB 0229 NegotiatingAuthorize County to Adopt Ordinance Allowing Sale of Consumer Fireworks Mullis, Jeff 53rd
1/13/2014 Senate Recommitted -I&L -
Constables/Marshals Debra Nesbit EMS/Ambulance Fire Services Fireworks
Forfeitures, Fees, and Fine Add Ons Health and Human Services Land Use/Zoning Public Safety and Courts Revenue & Finance
Trauma Care System
This legislation allows the county to adopt a local ordinance authorizing the sale of consumer fireworks. Also provides for a 10 percent excise tax on all fireworks sales. All revenues collectioed shall be paid to the Georgia Trauma Care Network Commission and the Georgia Firefighter Standards and Training Council in equal amounts.
SB 0231 NeutralJoshua's Law - Teen Driver's Educaiton Fund Renewed Loudermilk, Barry 14th
5/6/2013 Senate - Effective Date MotV JUDYNC -
Criminal Procedure Forfeitures, Fees, and Fine Add Ons General County Government Public Safety and Courts Revenue & Finance
Todd Edwards Traffic Enforcement
This legislation extends the sunset for the driver's education fine add-on until June 30, 2016; however, it reduces the fine add-on from 5 percent to 1.5 percent.  Furthermore, it requires that the Georgia Driver's Education Commission issue an annual report to the General Assembly listing how much in fines were raised each year (around $10 million of recent) and whether or not that money has been used for driver's education... or merely dumped into the state's general fund to be used for other purposes.  Note that of the $80 million raised since 2005, only $7 million has gone toward driver's education.       
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