Senate Session:

Local Consent Calendar:

HB 1352 - Atkinson County; board of elections and registration; create

This bill creates a board of elections and registration for Atkinson County and to provides for its powers and duties.

HB 1448 - Tyrone, Town of; charter; change certain provisions

HB 1448 amends an Act to repeal and replace the charter of the Town of Tyrone in Fayette County.

The Local Consent Calendar was ADOPTED with a vote of 50-0.

Consent Calendar for Resolutions Creating Study Committees:

SR 1020 - Senate Sexual Exploitation of Minors Study Committee; create 

            This bill creates a Senate study committee on the sexual exploitation of minors.

SR 1093 - Creation of a Georgia MethCheck Data Base; create Senate Study Committee; appointment 

A resolution creating the Senate Study Committee for the Creation of a Georgia MethCheck Data Base.

SR 1147 - Fleeing and Law Enforcement Pursuits; create Senate Study Committee

A resloution creating the Senate Study Committee on Fleeing and Law Enforcement Pursuits.

SR 1187 - Senate Children's Mental Health in Georgia Study Committee; create 

            A resolution creating the Senate children's mental health in Georgia study committee.

SR 1288 - Senate Study Committee on the Organization of Mental Health, Developmental Disabilities, and Addictive Diseases Services; create

A resolution creating the Senate Study Committee on the Organization of Mental Health, Developmental Disabilities, and Addictive Diseases Services.

            The consent calendar for study committees was ADOPTED with a vote of 48-0.

General Calendar:

HB 972 - Uniform Prudent Management of Institutional Funds Act; enact

HB 972 concerns charities and standards set up for how they manage investments and spend endowments. This will affect all 501c3 organizations, including churches, colleges, and universities. It accomplishes three main things:

1. Sets standards for investments of assets for boards of directors. 

2. It allows flexibility for spending of endowment funds. 

3. It sets out a mechanism by which a fund can be released from the charity by Donor. 

            HB 972 PASSED the Senate floor with a vote of 42-0.

HB 978 - Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement

HB 978 states that if any motor vehicle is involved in an accident or violation of traffic laws while being operated by a person who is not licensed as required by subsection (a) of Code Section 40-5-20, the arresting law enforcement agency shall impound the vehicle. To get the car back, the person claiming the vehicle must present a valid Georgia driver’s license, valid vehicle registration, proof of insurance, and proof of ownership. The law enforcement agency will charge a fine no less than $1000.

            HB 978 was TABLED.

HB 1163 - Brunswick Judicial Circuit; fifth judge for superior courts; provide(Note:  This bill does not include judgeship for Brunswick Circuit)

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 and 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.

This bill no longer includes the judgeship for the Burnswick Circuit until or unless it is changed to be included.

            HB 1163 as Amended by the Senate PASSED the Senate floor with a vote of 48-1.

SB 88 - Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances

SB 88 amends Chapter 9 of Title 19, relating to child custody proceedings. A parent of a minor child may delegate to any grandparent residing in this state care giving authority regarding the minor child when hardship prevents the parent from caring for the child.  This authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a minor.  The grandparent shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a minor child when such decision is made in good faith.  The instrument providing power of attorney shall be executed by both parents, if both are living and have joint legal custody, and shall specify which hardship prevents the parent or parents from caring for the child.  The power of attorney shall be signed and acknowledged before a notary public by the parent executing the power of attorney.  The grandparent shall have legal custody of the child until each parent who executed the power of attorney for the child revokes the power of attorney in writing and provides notice of the revocation to the grandparent.  The Department shall establish a program for providing a grandchild caregiver subsidy to eligible persons.  The subsidy shall be 80% of the state-wide foster care rate for each minor grandchild.  No more than 1,500 families may participate in the program at one time.  For each case in which a grandparent is receiving a grandchild caregiver subsidy, the department shall pursue child support from both parents and the grandparent shall cooperate with all efforts to collect child support. 

An amendment was offered and adopted that adds the language of HB 158 to the bill which would clarify methods of legitimation of a child. It requires fathers to legitimate children within one year

The Senate agreed to the House substitute of SB 88 as AMENDED with a vote of 51-1.

HB 1297 - Sexual assault protocol; afford greater protection to victims; change provisions 

HB 1297 deals with sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes. It changes provisions for the preservation of evidence.  This bill also gives the victim the right to have a forensic medical examination regardless of whether they participate in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime.

            HB 1297 PASSED the Senate floor by SUBSTITUTE with a vote of 53-0.

HB 1020 - Civil and criminal cases; minors; certain sexually explicit or obscene evidence; restrict access 

HB 1020 restricts access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors. It amends Chapter 16 of Title 17, relating to discovery in felony cases and amends Chapter 18 of Title 50, relating to open records. This bill provides for controlled access to such property or materials. 

            HB 1020 PASSED the Senate floor with a vote of 49-0.

HB 119 - Certain justices and judges; annual salaries; increase

HB 119 increases the appellate court judges’ and the superior court judges’ salaries by 5% starting on July 1, 2009.

An amendment was proposed to give judges a 5% pay increase in addition to the cost of living adjustment.

            The amendment was ADOPTED.

            HB 119 PASSED the Senate floor by SUBSTITUTE as amended with a vote of 48-1.

HB 1066 - Alcoholic beverages; vaporized forms; prohibit certain conduct 

This bill bans the purchase, sale, or use of any vaporized form of alcoholic beverage. Any person in violation of this will be guilty of a misdemeanor upon conviction. It would also make selling or contributing to minors purchase sale, or use of any vaporized form of alcoholic beverage a misdemeanor on the first offense and a misdemeanor of a high or aggravated nature on the second offense.

            HB 1066 PASSED the Senate floor with a vote of 49-0.

HB 1086 - Court baliffs; maximum per diem; eliminate

HB 1086 amends Code Section 15-12-7, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to eliminate the maximum per diem allowed to court bailiffs. It also eliminates the governing authorities' approval of increases in compensation for court bailiffs.

            HB 1086 PASSED the Senate floor with a vote of 44-0.

HB 1098 - Primaries and elections; election superintendents; provisions

HB 1098 adds municipalities to the code for elections. It requires election superintendents to provide notice to the Secretary of State of certain primaries and elections.

            HB 1098 PASSED the Senate floor with a vote of 50-0.

HB 1112 - Elections and primaries; municipal election superintendents; provisions

This bill amends provisions relating to the completion of a certification program by municipal election superintendents. Any county or municipal election superintendent appointed prior to January 1, 2008, who has not met the certification requirement, shall complete a certification program approved by the Secretary of State by no later than December 31, 2008. It also provides for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives. In extraordinary circumstances, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy. The Secretary of State may, by agreement with the commissioner of the Department of Corrections, obtain criminal information relating to the conviction, sentencing, and completion of sentencing requirements of felonies involving moral turpitude. Additionally, the Secretary of State shall be authorized to obtain such criminal information relating to Georgia electors convicted of felonies involving moral turpitude, if possible, from other states. In extraordinary circumstances, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot the same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registrar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election. Any person who uses or threatens violence to any poll officer in a manner that would prevent a reasonable poll officer or actually prevents a poll officer from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of his or her duty a poll officer’s duties shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,or both. Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter and who knows that he or she is not qualified to vote shall be guilty of a felony. 

            HB 1112 PASSED the Senate floor by SUBSTITUTE with a vote of 50-1.

HB 958 - Magistrate court; certain judgments; clarify appeal procedure

HB 958 amends 15-10-3 of the O.C.G.A, relating to civil proceedings in magistrate court by stating, no appeal shall lie from a default judgment or a dismissal for want of prosecution after a nonappearance of a party for trial. Review shall be by certiorari to the state court of that county or to the superior court of that county. Review of a denial of a post-judgment motion to vacate a judgment shall also be by certiorari to the state or superior court of that county.

This bill requires the judge or clerk to prepare a statement of claim which shall include a brief statement of the claim giving the defendant reasonable notice of the basis for each claim contained in the statement of claim and reasonable notice of when each claim occurred. It also eliminates the 30 day time frame in which to file interrogatories. 

The Senate insisted on its amendment to HB 958.

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 and appointed a conference committee consisting of Sen. John Bulloch (R-Ochlocknee), Sen. Joseph Carter (R-Tifton), Sen. Jeff Mullis (R-Chickamauga).

HB 257 - Firearms; public gatherings; allow constables to carry weapons 

            This bill provides for constables to carry pistols in publicly owned or operated buildings. 

Amendment 1 would provide that if there is a courthouse security plan, they may prohibit the carrying of a firearm. 

            Amendment 1 was ADOPTED. 

Amendment 2 says that if a person has a license to carry a firearm, they may do so on public transportation and in restaurants. But if the restaurant serves alcohol, the person carrying the weapon may not consume any alcohol. 

            Amendment 2 was ADOPTED. 

            HB 257 PASSED the Senate floor with a vote of 37-14.

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 

The Senate insisted on the Senate amendments to HB 1116.

HB 319 - District attorneys; increase annual salaries 

            Increase the annual salaries of district attorneys from $107,900 to $127,900.

            HB 319 was Tabled.

HB 336 - Driving under the influence; mandatory sentences; increase 

Upon a first DUI conviction, a person shall be guilty of a misdemeanor and punishable of up to 12 months imprisonment and/or a fine of not less than $300.00 and not more than $1,000.00. A second conviction within ten years shall be guilty misdemeanor and shall be punished with  up to a 12 month imprisonment and/or paying a fine of not less than $600.00 and not more than $1,000.00. A third DUI conviction within ten years shall be guilty of misdemeanor of a high and aggravated nature, and shall be punished up to 12 months in jail and/or pay a fine not less then $1,000 and not to exceed $5,000. A fourth DUI conviction within ten years shall be guilty of a felony and shall be punished up to 5years in jail and/or pay a fine not less then $1,000 and not to exceed $5,000.

            HB 336 was Tabled.

HB 1321 - Education; alleged inappropriate behavior by teacher or school personnel; provisions

This bill provides that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct. It establishes a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel. It also provides for statements to local media outlets which reported on instances of alleged inappropriate behaviors. A student enrolled in a public school in this state who is at least ten years of age who maliciously and with the intention of harming a teacher, administrator, or other school employee makes a false accusation of inappropriate behavior against a teacher administrator, or other school employee to law enforcement authorities, school system officials or personnel, or both may, at the discretion of a court of competent jurisdiction, be subject to any of the following penalties: (A) Community service of a type and for a period of time to be determined by the court or (B) Any other sanction as the court in its discretion may deem appropriate. 

HB 1321 was Tabled. 

House Session:

HR 1071 – Law enforcement agencies; develop and implement written policies; urge

HR 1071 is a resolution urging all law enforcement agencies of this state to develop and implement written policies for conducting show-ups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted; and for other purposes. 

HR 1071 was ADOPTED by the House Floor.

Debate Calendar

SB 175 - State Government; clarify meaning of criminal action; replace Dept. of Administrative Services with Office of Treasury/Fiscal Services

SB 175 amends 45-9-1 of the O.C.G.A., relating to general provisions relative to insuring and indemnification of state officers and employees; criminal proceeding is clarified to include, but not be limited to, any criminal cause of action, suit, investigation, subpoena, warrant, request for documentation or property, or threat of such action whether formal or informal where such action arises out of the performance of official duties.  The bill replaces Department of Administrative Services with Office of Treasury and Fiscal Services in relation to dissolution of electric membership corporations.  The bill also provides that the request for bids pursuant to the competitive sealed bidding process and the Department of Administrative Services regulations, discussions may be conducted with qualified bidders for the purposes of clarification.  The Department is authorized to solicit multiple revisions to bids for the purpose of obtaining the most advantageous bid to Georgia.  The award shall be made to the lowest responsive and responsible bidder whose bid is determined to be the most advantageous taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established, the discount allowed for prompt payment, the transportation charges, the date of dates of delivery, and any other cost affecting the total cost of ownership.  No other factors or criteria shall be used in the evaluation. 

SB 175 PASSED the House Floor by a vote of 161 - 0.

SB 358 - Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter

SB 358 is known as the “Georgia Uniform Securities Act of 2008”. This bill updates Georgia’s current securities laws. It provides for qualified immunity and civil and criminal penalties. It also provides for administration and judicial review. 

SB 358 PASSED the House Floor by a vote of 159 - 0.

SB 374 - Liens; revise certain time periods of filing materialmen's/mechanic liens; provide for certain notices regarding waiver of liens or claim upon bond

SB 374 amends Part 3 of Article 8 of Chapter 14 of Title 44, relating to mechanics and materialmen. It revises certain time periods for filing materialmen's and mechanics' liens and provides for certain notices regarding waiver of lien or claim upon bond. This bill provides that certain notices shall be sent by registered or overnight mail or statutory overnight delivery. It also provides that certain liens are unenforceable if an action is not commenced within 12 months 

SB 374 PASSED the House Floor by a vote of 160 - 3.

SB 425 - Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs

This bill relates to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services. It authorizes the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities' participation in loss control programs. It also repeal provisions relating to employee operation of state motor vehicles.

SB 425 PASSED the House Floor by a vote of 164 - 0.

SB 1 - Sexual Offenders; unlawful to photograph minors; provide penalties

SB 1 amends Article 2 of Chapter 1 of Title 42.  This bill makes it unlawful for persons required to register as sexual offenders to intentionally photograph a minor for indecent purposes. Any sexual offender who knowingly violates this Code section shall be guilty of a felony and be punished by imprisonment for not less then ten years, and not more then 30 year. 

SB 1 PASSED the House Floor by Committee Substitute with a vote of 133 - 32.

SB 474 - Minors; provide availability of parental controls over Internet access

This bill provides for the availability of parental control over internet access by children. If an Internet access provider knows that a subscriber currently resides in Georgia, the provider shall make available to the subscriber a product or service that enables the subscriber to control a child’s use of the Internet by blocking a child’s access to specific websites or domains, restricting their access to specific websites or domains, and allowing the subscriber to monitor the child’s internet activity by providing a report of the websites visited. This bill proposes model curriculum for educating students on internet safety. Any person required to register with the state sexual offender registry may, as a condition of probation, supervised release, parole, or entry into the state, be subject to one or more of the following provisions and conditions while remaining on the state sexual offender registry: (1) Continued supervision, either in person or through remote monitoring, of the person’s incoming and outgoing e-mail and other Internet based communication for evidence relevant to any crime that would require registration with the state sexual offender registry; (2) Continued supervision, either in person or through remote monitoring, of the person’s history of websites visited and content accessed for evidence relevant to any crime that would require registration with the state sexual offender registry; and (3) Periodic unannounced inspections of the contents of the person’s computer or any other device with Internet access including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium to conduct a more thorough inspection for evidence relevant to any crime that would require registration with the state sexual offender registry. If the Internet was used by the individual in the commission of a crime that would require registration with the state sexual offender registry, the court, as part of its sentence, may limit or restrict the person’s Internet access in a manner tailored to prevent further use of the Internet by the person to commit any such crime 

SB 474 was recommitted back to the House Rule Committee.

SB 488 - Drivers’ Licenses; allow foreign national to keep license from their home country; exempt nonresidents; meet all licensing requirement in Georgia

This bill allows foreign nationals to keep their license from their home country, exempts nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency, and provides that certain foreign nationals also have in their immediate possession an international driving permit. It also provides that verification of lawful presence in the United States is necessary to receive a temporary driver’s license. The bill states that the maximum term of a temporary license is three years. It also provides for retention of personal identification cards by non-citizens in certain circumstances. 

SB 488 PASSED the House Floor by Committee Substitute with a vote of 120 - 36.

SR 1012 - Public Property conveyance; 10 counties

This is a resolution authorizing the conveyance of certain state owned real property located in Bartow County, Bulloch County, Cherokee County, Lowndes County, and Mitchell County, Georgia. It also authorizes the conveyance by exchange of certain state owned real property in Brantley County, Georgia authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia and easement over certain state owned real property located in Troup County, Georgia. The deeds of conveyances, leases, and grants of easements shall be recorded in the Superior courts of these counties.

SR 1012 ADOPTED the House Floor by a vote of 159 - 0.

SB 400 - Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers

This bill provides for enforcement of laws related to forestry and fire. Investigators who have been so appointed and who have been certified by the Georgia Peace Officer Standards and Training Council may arrest persons accused of violating any law or regulation which such investigator are empowered to enforce by the issuance of a citation, provided that the offense is committed in the presence of the investigator or information concerning the offense constituting a basis for arrest was received by the arresting investigator from a law enforcement officer who observed the offense being committed. The arresting investigator may issue to the accused person a citation which shall enumerate the specific charges against such person and the date upon which such person is to appear and answer such charges. Whenever an arrest is made by the arresting investigator on the basis of information received from another law enforcement officer who observed the offense being committed, such citation shall list the name of each officer, and each officer shall be present when the charges against the offender are heard. If any person charged by citation shall fail to appear in court as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charge contained within such citation and the charge of his or her failure to appear as required. Such person shall then be allowed to make a reasonable bond to appear on a given date before the court.

SB 400 PASSED the House Floor by a vote of 162 - 0.

SB 455 - O.C.G.A.; correct errors/omissions

This is an annual bill to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.

SB 455 PASSED the House Floor by a vote of 166 - 0.

SB 456 - O.C.G.A.; correct/omissions

This is an annual bill to correct typographical, stylistic, capitalization, punctuation, and other errors in Title 21 of the O.C.G.A.

SB 456 PASSED the House Floor by a vote of 165 - 0.

SB 529 - Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel

This bill relates to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident resulted in the death of the person. It provides that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run. Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, the person that hit them must make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance. This offense is punishable by imprisonment for not less than three years or more than 15 years. This bill amends Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance. 

SB 529 PASSED the House Floor by Committee Substitute with a vote of 158 - 1.

SB 328 - Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations

This bill would provide for employer contributions to be made into a deferred compensation plan for certain members.  Such members would then receive a retirement allowance through the ERS at a reduced rate. This bill would apply to persons who first become members on or after January 1, 2009 and to persons who again become members on or after such date if the member did not have a vested right to be reinstated in the ERS. All persons affected by this bill would be required to have an account in the deferred compensation plan offered by the State for public employees. 

SB 328 PASSED the House Floor by Committee Substitute with a vote of 111 - 52.

Agrees/Disagrees

HB 958 - Magistrate court; certain judgments; clarify appeal procedure

HB 958 amends 15-10-3 of the O.C.G.A, relating to civil proceedings in magistrate court by stating, no appeal shall lie from a default judgment or a dismissal for want of prosecution after a nonappearance of a party for trial. Review shall be by certiorari to the state court of that county or to the superior court of that county. Review of a denial of a post-judgment motion to vacate a judgment shall also be by certiorari to the state or superior court of that county 

This bill requires the judge or clerk to prepare a statement of claim which shall include a brief statement of the claim giving the defendant reasonable notice of the basis for each claim contained in the statement of claim and reasonable notice of when each claim occurred. It also eliminates the 30 day time frame in which to file an interrogatories 

The House Disagreed with the Senate Substitute to HB 958.

HB 1027 - Defensive driving courses; alcohol or drug programs; curriculum; provision 

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 House Insisted on its position to HB 1027 and the speaker assigned members to the a conference committed.  Rep. Tom Rice (R - Norcross), Rep. Jeff May (R - Monroe) and Rep. Alan Powell (D - Hartwell)

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.

The House Disagreed with the Senate amendments to HB 1116.

HB 470 - Georgia Lemon Law; enact

HB 470 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 

The House Agreed with the Senate substitute as Amended by the House to HB 470. The bill was sent back to the Senate for consideration.

HB 255 - Public retirement systems; public employment related crime; expand definition

This bill expands the definition of the term "public employment related crime" 

The House Agreed with the Senate substitute to HB 255.

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. 

The House Agreed with the Senate substitute to HB 1346.

HB 1283 - Railroad corporations; presumptions; provisions

This bill provides that provide that occupancy of a railroad right of way is with the permission of the railroad corporation or railroad company, but such presumption may be rebutted. It provides for each railroad corporation and railroad company to record an official map in the superior court in which the land is situated. It also provides for courts to take judicial notice of the information on such official map that has been properly filed and recorded.

The House Agreed with the Senate substitute to HB 1283.

HB 422 - Specialized land transactions; minimum amount for liens; provide

HB 422 amends Chapter 3 of Title 44, relating to regulation of specialized land transactions.  No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000 

The House Agreed with the Senate substitute to HB 422.

HB 1054 - Children and Family Service Strengthening Act of 2008; enact

This bill consolidates the Children and Youth Coordinating Council with the Children’s Trust Fund Commission, and places the functions of the Georgia Child Fatality Review Panel under the supervision of the Child Advocacy for the Protection of Children. It establishes the Governor’s Office for Children and Families, which will be assigned to the Governor’s Office of Planning and Budget. The Governor’s Office for Children and Families will be the successor entity to the Children and Youth Coordinating Council and the Children’s Trust Fund Commission. The bill transfers the functions and duties of the Children’s Trust Fund Commission to the Governor’s Office for Children and Families effective July 1, 2008. This bill establishes an executive director of the Governor’s Office for Children and Families, and an advisory board. 

The House Agreed with the Senate substitute to HB 1054.

HB 1113 - State purchasing; definitions; provisions 

Any person who uses state funds through purchase orders, government contracts, credit cards, charge cards or debit cards for his or her own personal benefit will be charged with a misdemeanor of high and aggravated nature if the total amount does not exceed $500.  If the total amount exceeds $500, the person will be charged with a felony.  Any person assisting in using state funds for personal benefit will be charged with the same penalty.  Any person who uses travel advance from state funds will also be charged with a misdemeanor of high and aggravated nature if the amount does not exceed $500 and a felony if the amount does exceed $500.  HB 1113 also establishes regulations for purchase cards provided by the State of Georgia. 

The House Disagreed with the Senate substitute to HB 1113.