Daily Report for Monday, March 30, 2009
Legislative Day 38
Senate Session
Local Calendar:
HB 541- Tennille, City of; provide new charter
HB 541 provides for a new charter for the City of Tennille. It establishes a municipal court and the judge or judges of the court and other matters relative to those judges.
HB 541 PASSED out of the Senate by a vote of 46-0.
HB 723- Columbia County; members of board of elections; revise term limitations
HB 723 creates a board of elections for Columbia County.
HB 723 PASSED out of the Senate by a vote of 46-0.
HB 541- Tennille, City of; provide new charter
HB 541 provides for a new charter for the City of Tennille. It establishes a municipal court and the judge or judges of the court and other matters relative to those judges.
HB 541 PASSED out of the Senate by a vote of 46-0.
HB 711- Toombs County; board of elections and registration; create
HB 771 creates a board of elections for Columbia County.
HB 711 PASSED out of the Senate by a vote of 46-0.
Debate Calendar:
HB 29 – Service and filing pleadings; electronic service; provide
HB 29 amends Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to commencement of action and service. It provides for electronic service of pleadings subsequent to the original compliant. This bill defines the term “delivery of a copy” to also mean transmitting ca copy via electronic mail in portable document (PDF) to the person to be served using all electronic mail addresses provided and showing in the subject line of the electronic mail message the words “STATUTORY ELECTRONIC SERVICE” in capital letters.
This bill also adds a new subsection to Code Section 9-11-5. The new subsection states that a party may consent to being served with pleading electronically by:
1. Filing a notice of consent to electronic service and including the party’s electronic mail address or addresses in the pleading, or
2. including the party’s electronic mail address in or below the signature block of the compliant or answer.
A party may rescind their election to be served with pleadings electronically by filing and serving a notice of rescission.
If a party produces satisfactory evidence of service of a pleading, it shall be presumed that the person to be served received the pleading; provided however, that the presumption may be rebutted. The bill also allows for 3 days for electronic mail service
SB 108 was attached to the bill in Section 4. SB 108 amends Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act.” If a party files a motion to dismiss, discovery shall be stayed for 120 days or until the trial court rules on the motion, whichever is sooner. Upon a showing of good cause, a court may grant a motion for expedited discovery while the motion to dismiss is pending. Good cause may include, but is not limited to, discovery needed because a witness will be unavailable during the discovery period or because a party is seeking an interlocutory injunction.
HB 29 PASSED out of the Senate by a vote of 47-0.
HB 57 – Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate
HB 57 amends Chapter 2 of Title 40 of the O.C.G.A. It provides that every officer, agent, or employee of any corporation and every person who fails to comply with any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. HB 57 also includes a provision dealing with contract agreements between the shipper and the driver of goods and services. A Senate floor amendment was adopted which ensures a contract agreement agrees with the Uniform Intermodal Interchange and Facilities Access Agreement which is administered by the Intermodal Association of North America.
Amendment #2 (Sen. Jeff Mullis): This amendment is brought by the motor trucking association. The chairman of public safety has also agreed to this amendment, it is a technical amendment. This amendment ensures that the contract agreement agrees with an international agreement on motor operations. It inserts on lines 125 to 126 “Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, containers, or other intermodal equipment.” ADOPTED
HB 57 PASSED out of the Senate as AMENDED by a vote of 54-1.
HB 127 – Uniform Real Property Electronic Recording Act; adopt; provisions
HB 127 amends Chapter 2 of Title 44 of the O.C.G.A. by designating the existing portion as Part 1 and a new portion, Part 2, titled the 'Uniform Real Property Electronic Recording Act.’ The Act sets forth rules and regulations for the electronic filing of documents related to real estate with the clerk of court.
HB 127 PASSED out of the Senate by a vote of 53-0.
HB 145 – Child Support; revise a definition; correct cross-references; provisions
This bill amends Code Section 19-6-15, relating to the low-income deviation in the calculation of child support, by giving a judge greater discretion to move away from using the formula provided in the statute and allowing more emphasis on other factors of the case. The bill also amends the definition of “parenting time deviation” and adds life insurance as a deviation allowed for consideration by the court.
HB 145 PASSED out of the Senate by a vote of 50-1.
HB 156 – Magistrate judges; performing military duty; eligible for reelection; provisions
HB 156 allows elected magistrate judges who are performing ordered military duty to continue in office and be eligible for reelection during their duty. A floor amendment was made which allows any elected chief magistrate or elected magistrate who is performing ordered military duty of 21 days or more, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office.
Amendment 1- inserts the number of 21 days or more to language in Lines 17, 24, and 29.
HB 156 PASSED out of the Senate as AMENDED by a vote of 54-0.
HB 167 – Cherokee County State Court; additional judge; provide
HB 167 adds a new judge to the State Court of Cherokee County.
HB 167 PASSED out of the Senate by a vote of 53-0.
HB 216 – Cordele Judicial Circuit; superior court; change certain terms
HB 216 amends Code Section 15-6-3 of the O.C.G.A, relating to terms of superior court. This bill changes certain terms of court in the Cordele Judicial Circuit.
Ben Hill County — Second and third Mondays in January; first, second, and third Mondays in April; third and fourth Mondays in June; and third and fourth Mondays in September and Monday following.
Crisp County — Third and fourth Mondays in February and Monday following; third and fourth Mondays in May; first, second, and third Mondays in August; and second and third Mondays in November.
Dooly County — First and second Mondays in February; fourth Monday in April and Monday following; third and fourth Mondays in July; and third and fourth Mondays in October.
HB 216 PASSED out of the Senate by a vote of 53-0.
HB 245 – Delinquent and unruly children; disposition; change provisions
HB 245 amends Part 7 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A, relating to delinquent and unruly children. This bill changes provisions relating to disposition of delinquent children. It reduces the short-term program stay from 60 days to 30 days. It has a sunset provision that states after July 1, 2011, the maximum number of days that the court may order a child to serve in a youth development center shall be increased back to 60 days.
HB 245 PASSED out of the Senate by a vote of 33-16.
HB 283 – Supreme Court; bar examiner fees; change certain provisions
HB 283 amends O.C.G.A. 15-19-2 by removing the cap on the examination fee assessed by the Supreme Court of Georgia for the state bar exam.
HB 283 PASSED out of the Senate by a vote of 44-5.
HB 324 – State courts; require payment of costs of an appeal; provisions
HB 324 amends Code Section 5-3-22 of the O.C.G.A. by requiring that all costs accrued must be paid before an appeal will be heard in the state court. This law currently applies to only superior courts.
HB 324 PASSED out of the Senate by a vote of 43-0.
HB 368 – Controlled substances; Schedule II, III, and IV; change certain provisions
HB 368 updates the list of controlled substances in Georgia.
HB 368 PASSED out of the Senate by a vote of 50-0.
HB 396 – Drivers' licenses; driving record; uniform traffic citations; provisions
HB 396 amends provisions of the Official Code of Georgia Annotated relating to drivers and drivers' licenses. This bill clarifies language pertaining to the Department of Driver Services by allowing federal background check on regulated drivers and increase in driver’s license fee to $5 per year the license is valid.
Amendment #1- Inserts on line 11 the following “to provide that fees paid to counties for reporting information contained on the uniform citation form shall be subject to appropriations. Also it inserts language between lines 231 and 232 stating that “…subject to appropriations by the General Assembly, the department shall bay to the clerk of the court forwarding the required report 40 cents for each report transmitted electronically in a timely mannered as required by this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court.”
Amendment #2- Revises lines 9 and 10 to read as “relating to the expiration and renewal of certain licenses; to provide for proper handling of suspensions when”, Also revises line 239 to say “Such notice shall be sent via certified mail to the address reflected on its records” which pertains to license revocation notices. Finally, this amendment revises line 259 to read “pursuant to this Code section. Such notice shall be sent via certified mail to the address”.
Amendment #3- deletes on lines 17- 20 the following language pertaining to “provide the department with the power to contract for services”, and deleting section 24, on lines 505 through 514. Finally, it asks to renumber the remaining sections accordingly.
Amendment #4- adds after “cards” on line 15 language stating “relating to the use to the safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts”. Also it adds between lines 498 and 499 language stating “As used in this Code section, the term “passenger vehicle” means every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry ten passengers or fewer and used for the transportation of persons; provided however, that such term shall not be included motorcycles; motor driven cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in connection with agricultural pursuits that are unusual or normal to the user’s farming operation”
Amendment #5- Deleting Section 2,5,7,8,9,16, & 24
Amendment #5A- Deletes on line 1, the number 2 and 5 and deleting on line 2 the number 16.
Amendment 5b- Deleting the number 24.
Amendment 6- deleting on line 512 the phrase “any persons whatsoever;” and by deleting on lines 513-514 the words beginning with, “any” through the words “department” and inserting in lieu there of the following: “the purpose of creating, designing, publishing or distributing the departments’ driver’s manuals”
Amendment 6A- deleting lines 1-3 and by deleting the word “and” on line 4.
HB 396 was TABLED by the Senate until the next Legislative Day.
HB 444 – Revenue and taxation; certain tax return preparers; civil penalties and injunctive relief; provide
HB 444 provides for civil penalties and injunctive relief regarding certain tax return preparers. A civil action in the name of the State of Georgia may be commenced at the request of the commissioner to enjoin any tax return preparer, or employer having knowledge of an employee tax return preparer, who is doing business in this state and engaging in misconduct. This action may be brought by the department in the superior court of the county of the tax return preparer's residence or principal place of business or in which the taxpayer for whose tax return the action is brought resides. The court may exercise its jurisdiction over the action separate and apart from any other action brought by the State of Georgia against the tax return preparer or any taxpayer.
HB 444 PASSED out of the Senate by a vote of 52-2.
HB 457 – Disabled adults and elder persons; revise definition; acts in long-term care facilities unlawful; provide
HB 457 redefines the term 'disabled adult' to include a person 18 years of age or older who is a resident of a long-term care facility, and who is mentally, cognitively, or physically incapacitated; provided, however, that this shall not apply to any staff of the long-term care facility. It makes the abuse, neglect, or exploitation of any disabled adult or elder person to be unlawful. Any person violations shall be guilty of a felony and, upon conviction, be punished by imprisonment for not less than one nor more than five years.
HB 457 PASSED out of the Senate by a vote of 55-0.
HB 476 – Peace Officers' Annuity and Benefit Fund; retirement benefit options; provisions
HB 476 amends Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to any person who first or again becomes a member on or after July 1, 2009.
HB 191, which provides that a compensation increase in the last 12 months of employment that exceeds 5 percent not be included in computation of a retirement benefit for members employed on or after July 1, 2009, was attached to HB 476.
HB 190 was also attached to HB 476. HB 190 clarifies provisions relative to a death benefit for certain members of the Employees' Retirement System. A member who first or again becomes a member of the retirement system on or after July 1, 2007, and who has at least ten years of creditable service and is at least 60 years of age or who is less than 60 years of age and has at least 15 years of creditable service shall upon death receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained on the date of death and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a member of the retirement system.
HB 476 PASSED out of the Senate by a vote of 51-2.
HB 614 – Georgia Prescription Monitoring Program Act; enact
HB 614 enacts the "Georgia Prescription Monitoring Program Act". This bill provides for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, IV, or V controlled substances by the Georgia Drugs and Narcotics Agency. It requires dispensers to submit certain information regarding the dispensing of certain drugs, and for the confidentiality of submitted information except under certain circumstances.
A dispenser who willfully and intentionally fails to submit prescription monitoring information as prescribed, or willfully and intentionally submits incorrect prescription information shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both. An individual authorized to have prescription monitoring information and willfully discloses the information unlawfully shall be guilty of a felony and punished by imprisonment for a period not to exceed ten years or a fine not to exceed $10,000.00, or both. An individual authorized to have prescription monitoring information and intentionally uses the information in a manner or purpose unlawfully shall be guilty of a felony, and punished by imprisonment for a period not to exceed ten years or a fine not to exceed $10,000.00, or both.
HB 614 FAILED to pass out of the Senate by a vote of 25-29.
Agrees/Disagrees
The Senate AGREED to the House Substitute to SB 20 - Local Government; prohibit sanctuary policies; provide penalties. 39-12
The Conference Committee for HB 228 will meet at 9 AM Tuesday March 31, in Room 321 CAP.
House Session
SB 24 - Probation Management Act; probationers; provide comprehensive provisions
SB 24 amends Chapter 8 of Title 42 relating to probation, by adding a new Article 9. This article is known as the 'Probation Management Act’. The trial judge may require that defendants who are sentenced to probation be ordered to the sentencing options system. Where a defendant has been ordered to the sentencing options system, the court shall retain jurisdiction throughout the period of the probated sentence and may modify or revoke any part of a probated sentence
The Department of Corrections is authorized to establish a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system. However, the department may not sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that the violations be heard by the court. The department shall only impose restrictions which are equal to or less restrictive than the sanction cap set by the sentencing judge.
If an options system probationer files an appeal to a final decision, it must be filed within 30 days of the issuance of the decision by the senior hearing officer. It has to be reviewed first by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's decision. If the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the department's decision shall be affirmed by operation of law.
SB 24 Passed out of the House by a vote of 163-1.
SB 65 - Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time
SB 65 amends Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center. SB 65 allows for a probation officer to provide a sworn affidavit to the court in order to stop the probation time if a probationer absconds. The 120 day cap on time sentenced to a probation detention center was removed from the bill.
SB 65 Passed out of the House by a vote of 157-1.
SB 141 - Property; foreclosures and deficiency judgments; change provisions
SB 141 changes provisions relating to foreclosures and deficiency judgments. This bill amends Code Section 15-6-77 of the O.C.G.A. relating to fees to be collected by clerks of superior courts. This bill explains details and amount of fees related to filing documents and other instruments pertaining to the deed. The committee substitute changes the filing of a deed within 90 days instead of 30 for a foreclosure sale. SB 141 states that the fees shall be assessed and collected by the clerks of the superior courts, and be paid monthly to specified parties. Failure to record the deed shall result in a late filing penalty.
SB 141 Passed out of the House by 161-1.
SB 151 - Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses
SB 151 allows for crime victims’ families and other interested witnesses to be able to testify in court through other means than being physically present in court. SB 151 defines an immediate family and gives each immediate family member the right to testify. Teleconference was struck in the substitute as one of the ways the victims’ families can testify. SB 151 also notifies the victim of parole board hearings.
SB 151 Passed out of the House by a vote of 155-0.
SB 199 - Courts; required annual training for magistrates/probate judges; suspend for one year
SB 199, as passed by the Senate, suspends for one year the otherwise required annual training for magistrates and probate judges, for the calendar years 2009 and 2010 only – this is half fiscal year 2009 (7/1/08 - 6/30/09) and half fiscal year 2010 (7/1/09 – 6/30/10). If any probate or magistrate judge completes all or a portion of their training prior to the legislation becoming effective, the completed credit is to be carried over and applied to calendar year 2010 or 2011. The committee substitute provides for each of the two Councils discretion as to whether to hold their annual training. It allows for the whole or part of the annual training to be suspended. This bill, if passed, is set to become effective upon its approval by the Governor or upon becoming law without such approval.
SB 199 Passed out of the House by a vote of 150-11.
SB 240 - County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes
SB 240 amends Part 2 of Article 5 of Chapter 5 of Title 48 of the O.C.G.A., relating to county boards of tax assessors; it revises the arbitration procedures relative to the appeal of assessments for ad valorem tax purposes. The county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration. Within 15 days of the filing to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court.
SB 240 Passed out of the House by a vote of 161-2.
Agrees/Disagrees
The House AGREED to Senate substitute to HB 495 - Probate courts; associate probate court judges; provisions. 161-1
The House AGREED to Senate substitute to HB 123 - Sexual offenses; child molestation; define; change certain provisions. 151-3
The House AGREED to Senate substitute to HB 126 - Uniform Electronic Transactions Act; enact. 162-1
The House AGREED to Senate substitute to HB 553 - Local Government Equipment Financing Authority Act; create. 161-9
The House AGREED to Senate substitute to HB 308 - Georgia Limited Liability Company Act; certain technical corrections; clarify provisions. 161-0
House Judiciary Non-Civil
Sen. Gloria Butler (D-Stone Mountain) presented SB 56 to the House Judiciary Non-Civil Committee
SB 56 - Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty
SB 56 establishes the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine. It requires that no person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law.
Any person convicted of guilty shall be charged with a misdemeanor. Each separate purchase or attempted purchase made in violation shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. SB 56 was amended by committee substitute to allow pharmacies that already have an electronic system in place to maintain that systems as long as it supports law enforcement.
Amendment #1 – Rep. Golick
On line 53, add language that states if a pharmacy already has an electronic system in place, they do not need to change the system as long as it supports GBI. (Ms. Jill Travis with Legislative Counsel will perfect the language)
ADOPTED
SB 56 received a unanimous DO PASS by Committee Substitute from the House Judiciary Non-Civil Committee.
Sen. John Cowsert (R-Athens) presented SB 180 to the House Judiciary Non-Civil Committee
SB 180 - Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions
A limited driving permit may be issued to a 2nd DUI offender who is 18 or older. This bill allows the sentencing judge the discretion of granting a limited driving permit after 120 day hard suspension, providing that an interlock device is installed in the offender’s vehicle, and they participate in a DUI or Drug Court program, and a DHR multiple offender program. The committee substitute changes the fee for DUI Alcohol or Drug Use Risk Reduction Programs from $75 to $82, and the cost for a DUI Alcohol or Drug Use Risk Reduction Programs changed from $15 to $22.
SB 180 received a unanimous DO PASS by Committee Substitute by the House Judiciary Non-Civil Committee.
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