Senate Session:
SB 557 - Allentown, City of; provide for new charter
This bill provides a new charter for the City of Allentown.
This bill was passed on the local consent calendar.
HB 1414 Douglas County State Court; additional judge; provide
HB 1414 amends the Act creating the State Court of Douglas County. Effective July 1, 2009 there shall be two judges of the State Court of Douglas County.
This bill was passed on the local consent calendar.
HB 1456 Hall County State Court; additional judge; provide
HB 1456 amends an Act creating the State Court of Hall County. It provides for an additional judge to Hall County State Court.
This bill was passed on the local consent calendar.
HB 1245 Indigent defense; revise matters; senior judges; change certain provisions
HB 1245 deals with courts and legal defense for indigents. It addresses the issues of funding, budgeting, and the organization of providing indigent defense. HB 1245 provides that a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed. The bill raises the bond fee from $50 to $100; it changes the definition of a juvenile indigent to mean an individual or their parent earns less than 125 percent of the federal poverty guidelines.
Funding for attorney’s fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney’s fees and expenses, and the county governing authority shall pay 25 percent of such attorney’s fees and expenses. Funding for all attorney’s fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney’s fees and expenses, and the county governing authority shall pay 50 percent of such attorney’s fees and expenses.
The Senate will adhere to the Senate substitute to HB 1245. A conference committee was appointed consisting of Sen. Mitch Seabaugh (R-Sharpsburg), Sen. John Wiles (R-Marietta), and Sen. Preston Smith (R-Rome).
HB 111 – Delayed birth certificates; petitions in probate and superior court; permit
Amend Chapter 10 of Title 31. Permit petitions for delayed birth certificates to be filed in the probate court as well as the superior court.
HB 111 PASSED the Senate floor with a vote of 53-0.
HB 188 – Jury duty; primary caregiver of certain persons; provide exemption
Amend 15-12-1. Provide for an exemption from jury duty for a primary unpaid caregiver of a person aged six or older with physical or cognitive limitations. Any person seeking the exemption shall furnish the Court, in addition to the aforementioned affidavit, a statement of a physician, or other medical provider, supporting the affidavits statements related to the persons medical condition.
HB 188 PASSED the Senate floor with a vote of 48-1.
HB 1027 Defensive driving courses; alcohol or drug programs; curriculum; provisions
This bill concerns driver improvement courses. It concerns any driver improvement programs that a person is required to attend by the court. It creates a provision for online and other technology based courses to be regulated by the Department of Drivers Services (DDS). Courts can only order people to attend programs that are licensed and approved by DDS. Unlicensed programs will no longer be recognized. The DUI Alcohol or Drug Use Risk Reductions Programs consist of an assessment component and an intervention component. The fee for the intervention component was changed from $190 to $200, and the assessment component cost remained $75.
Courts shall have the discretion to order or authorize individuals to attend or register for on-line or classroom driver improvement or DUI Alcohol of Drug Use Risk Reduction Programs. On or after July 1, 2008, approved clinics shall charge a fee of $75 for an internet or technology based driver improvement program and $75 for a classroom driver improvement program. On or after July 1, 2010, an approved Internet or technology based driver improvement program shall charge a fee of not more than $45 and a classroom driver improvement program shall charge a fee of not more than $75.
The Senate insisted on the Senate Substitute to HB 1027.
HB 333 – Weapons; crime or delinquent act; provisions
This bill amends the original Code Section 17-5-52 of the Official Code of Georgia Annotated by providing language that would allow any law enforcement agency (e.g. chief of police), not necessarily the sheriff, to confiscate and retain weapons used during the commission of a crime. When the weapon is no longer needed for evidentiary purposes, the agency involved with possession of the weapon may retain, destroy, or sell it with proceeds going to the involved entity.
HB 333 PASSED the Senate floor with a vote of 47-3.
HB 470 – Georgia Lemon Law; enact
This bill enacts the “Georgia Lemon Law”. The manufacturer shall publish an owner’s manual and provide it to the new motor vehicle dealer. The manual shall include contact information. At the time of purchase, the dealer shall provide a written statement that explains the consumer’s rights under this article. If a consumer reports nonconformity during the lemon law rights period, the manufacturer/agent/dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. If the nonconformity cannot be fixed the consumer shall give written notice to the manufacturer of the need to repair and correct the nonconformity. If the manufacturer is unable to correct nonconformity after the final attempt or the vehicle has been out of service for 30 days, the manufacturer shall repurchase or replace the vehicle. The manufacturer shall have 10 days from receipt of the notice to repurchase or replace the vehicle. If a manufacturer fails to replace or repurchase the vehicle the consumer may move to compel replacement or repurchase by applying for arbitration. A consumer whose dispute is determined to be ineligible for arbitration may appeal that determination. The decision of the arbitrator is final unless a party appeals the decision to the superior court within 30 days. A fee of $3.00 shall be collected by the dealer from the consumer at completion of sale of each new vehicle that will be deposited in the new motor vehicle arbitration account. A violation of this article shall constitute an unfair and deceptive act or practice in conduct of consumer transactions.
HB 470 PASSED the Senate floor with a vote of 50-0.
HB 1090 – Controlled substances; Schedule I, II, III and IV; change certain provisions
HB 1090 amends Chapter 13 of Title 16, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, III, and IV controlled substances and to change certain provisions relating to the definition of "dangerous drug".
HB 1090 PASSED the Senate floor with a vote of 47-0.
HB 1116 – Probation Management Act of 2004; modify certain provisions
HB 1116 revises Code Section 42-5-51, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of counties for housing state inmates by changing the county reimburse to $25.00 from $7.50 per day per inmate if the inmate is not transferred within the 15 days.
The bill further states that a hearing officer’s decision shall be final unless the options system probationer files for review with the senior hearing officer. The request for review shall be filed within 15 days of the issuance of the department’s decision. The request for review shall not stay the department’s decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. The senior hearing officer’s decision shall be final unless the options system probationer files an appeal in the sentencing court
Sen. Grant proposed an amendment to raise the floor for the jail subsidy from $7.50 to $20.
The Grant amendment was ADOPTED.
Sen. Carter proposed an amendment that would add the language from SB 48 to the bill, which related to transmittal of information on convicted persons and place of detention so as to provide that after a convicted person has remained in custody of the local jail under certain circumstances.
The Carter amendment was ADOPTED.
HB 1116 PASSED the Senate floor as AMENDED with a vote of 52-0.
HB 1346 – Theft; organized retail theft; create offense
HB 1346 amends Chapter 8 of title 16. The bill creates a new code section defining the term of organized retail theft. A person commits the offense of organized retail theft when two or more people are knowingly involved in the theft of retail property from a retail establishment in quantities that would not normally be purchased for personal use or consumption and aggregated over a 180 day period, with the intent to sell the retail property to a retail property fence or to place the stolen merchandise back into commerce for monetary or other gains. Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia.
HB 1346 PASSED the Senate floor by SUBSTITUTE with a vote of 47-2.
HB 255 – Public retirement systems; public employment related crime; expand definition
This bill expands the definition of the term "public employment related crime".
HB 255 PASSED the Senate floor by SUBSTITUTE with a vote of 43-6.
HB 1040 – Juvenile courts; deprived child; permanent guardian; grant jurisdiction
This bill grants juvenile courts with the jurisdiction to appoint a permanent guardian for a child whose custody is a subject of controversy before the court as a result of adjudication that the child is deemed deprived. The Juvenile court may enter an order of support on behalf of the minor child against the parents of the child. Orders shall remain in effect until the child reaches the age of majority (18). The court shall retain jurisdiction over guardianship for the sole purpose of entering an order following the filling of a petition to modify, vacate, or revoke the guardianship and to appoint a new guardian. The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support order entered.
Other courts, in handling divorce, alimony, habeas corpus, or other cases involving the custody of a child or children, may transfer the question of the determination of custody or support to the juvenile court for investigation and a report back to the superior court or for investigation and determination.
HB 1040 PASSED the Senate floor with a vote of 53-0.
HB 1051 – Child abuse; county multi-agency child fatality review committee; change certain provisions
HB 1051 amends Code Section 19-15-3, relating to the county multiagency child fatality review committee and reporting, by requiring each local review committee to issue an annual report no later than the first day of July in 2001 and in each year thereafter. By January 1 of each calendar year, the panel must submit a report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the Judiciary Committees of the Senate and House of Representatives regarding the prevalence and circumstances of child fatalities in the state.
HB 1051 PASSED the Senate floor with a vote of 52-0.
HB 1093 – Liquidated damages; demand; change certain provisions
This bill concerns the inaction of grantees to comply with the furnishing of cancellations. The bill provides a remedy in the amount of $500, plus attorney’s fees, for the grantor in the situation where the grantee does not comply.
HB 1093 PASSED the Senate floor with a vote of 52-0.
HB 1299 – Certain hospital authorities; contract with nonprofit corporations; require
This bill requires that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals. A hospital authority that is not in compliance shall not receive trauma funding. Failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members. The Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization. A petition by any resident of any participating county of such hospital authority or the governing authority of such participating county of such hospital authority may be submitted to the superior court of the county wherein the hospital authority operates a hospital to require the hospital authority to comply with subsection (b) of this Code section. The judge of such court shall set a time for the hearing on such petition and after notice to the hospital authority shall hear and determine the petition.
Amendment 1 would prohibit public hospitals from performing abortions.
Amendment 1a would prohibit public hospitals from performing abortions that are not reimbursed by Medicade.
Amendment 1a was ADOPTED.
Amendment 1 as amended was ADOPTED.
HB 1299 PASSED the Senate floor with a vote of 33-16.
HB 280 – Controlled substances; sale of marijuana flavored products to minors; ban
This bill amends Article 2 of Chapter 13 of Title 16, relating to regulation of controlled substances. Ban the sale of marijuana flavored products to minors. It defines “marijuana flavored product”. It shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or provide to a minor any marijuana flavored product in Georgia. Is shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any marijuana flavored product. Any person who violates this law shall be subject to a fine of $1,000 for each offense.
HB 280 PASSED the Senate floor with a vote of 42-3.
House Session:
HB 1416 - Fayette County State Court; judge; change qualifications and compensatio
HB 1416 amends the Act creating the State Court of Fayette County, so as to change the compensation of the judge. The judge of the State Court of Fayette County shall receive as compensation an amount equal to 90 percent of the base salary of a judge of the superior courts in the State of Georgia plus 90 percent of the supplement paid to superior court judges of the Griffin Judicial Circuit
HB 1416 was PASSED by the House Floor.
SB 55 - Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the roa
This bill would authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a food item. This bill would also provide that a resealed partially consumed bottle of wine that was purchased with a food item is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle.
SB 55 PASSED the House Floor by a vote of 125 - 34.
SB 396 - Administrative Services Dept.; remove/transfer functions; Council of Superior Court Judges of Ga., Prosecuting Attorneys' Council
SB 396 allows for Superior Court Judges and Prosecuting Attorneys to be paid through their respective councils instead of through the Department of Administrative Services
SB 396 PASSED the House Floor by a vote of 156 - 0
SB 398 - Powder Springs, City; provide for mayor's or city councilmembers terms and qualifications for office
SB 398 amends the Act creating a new charter for the City of Powder Springs, so as to provide for the mayor’s or city councilmembers’ terms and qualifications for office.
SB 398 PASSED the House Floor by a vote of 159 - 1
SB 405 - Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift
SB 405 amends Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act" and to repeal the "Georgia Anatomical Gift Act". This bill is concerned with the issue of anatomical gifts and provides definitions as well as determines who may make an anatomical gift and in what manner. This bill also prohibits the sale or purchase of body parts while providing for penalties and immunity.
SB 405 PASSED the House Floor by a vote of 168 - 0.
SB 453 - Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purpose
SB 453 allows for municipalities to police and arrest for controlled substances in state authority parks
SB 453 PASSED the House Floor by a vote of 167 - 0.
SB 508 - Probate Courts; update/change provisions
SB 508 updates and changes provisions affecting the probate courts. It updates a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney. This bill provides for quarterly terms of court rather than monthly. The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, on the first Monday in January, April, July, and October
SB 508 changes provisions relating to the composition of the Probate Judges Training Council. The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. The elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training council members shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years.
This bill also provides for change in provisions relating to sealing of records of minors. Sealed records of minors may be examined by the ward and the ward’s legal counsel, the minor, the minor’s parents, and the minor’s legal counsel
SB 508 provides for recordation of certain information relating to real property when no administration is necessary; and eliminates the year support as a bar for probate of a will after five years.
SB 508 PASSED the House Floor by a vote of 161 - 1
SB 531 - Foreclosure; conduct by the current owner/holderof mortgage; require
This bill relates to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records. It also provides for the identity of the secured creditor to be included in the advertisement and in court records.
SB 531 PASSED the House Floor by a vote of 162 - 0.
House Motor Vehicles:
SB 315 - Driver's Licenses; abolish Ga. Driver's Education Commission; transfer purposes/duties to State Board of Education
In every case in which any court in this state shall impose a fine or bond payment, which shall be construed to include costs for any violation of the traffic laws, or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. The sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this article
SB 315 Failed to pass out of the House Motor Vehicles Committee.
SB 412 - Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"
This bill would change references in Georgia Code from "seat belt" to "life belt" and from "air bag" to "life bag". In addition the bill adds light-emitting diode (LED) lights (along with strobe lights) as a safety feature for emergency vehicles; any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts which extend more then for feet beyond the rear of the body or bed of the vehicle
The manufacturers, distributors, dealers, and sellers of a motor vehicle are immune from civil liability for any injuries caused by the failure of a life bag to deploy when the life bag has been disconnected, turned off, or otherwise disabled by the owner, lessee, or operator of the motor vehicle or an agent of the owner or lessee of the motor vehicle
The House Motor Vehicles Committee voted to leave SB 412 on the Table.
Senate Appropriations:
HB 119 - Certain justices and judges; annual salaries; increas
HB 119 increases the appellate court judges’ and the superior court judges’ salaries by 5% starting on July 1, 2009
HB 119 received a DO PASS by Committee Substitute from the Senate Appropriations Committee.
HB 319 - District attorneys; increase annual salarie
Amend 45-7-4. Increase the annual salaries of district attorneys by 5%.
HB 319 received a unanimous DO PASS by Committee Substitute by the Senate Appropriations Committee.
HB 1163 - Brunswick Judicial Circuit; fifth judge for superior courts; provide
HB 1163 creates two new judgeships. A fifth judgeship in the Alcovy Judicial Circuit appointed by the Governor starting on January 1, 2009 for a term to expire on December 31, 2010. A fourth judgeship in the Douglas Judicial Circuit appointed by the Governor starting on July 1, 2009 for a term to expire on December 31, 2010. After the terms expire on December 31, 2010, the judgeship position will then be elected.
HB 1163 received a DO PASS by Committee Substitute recommendation from the Senate Appropriations Committee. | 
