Daily Report for Wednesday, April 1, 2009

Legislative Day 39

Senate Session

Local Calendar:

SB 277- Magistrate Court of Troup County; provide chief magistrate shall be a full-time position; compensation and qualifications

SB 277 provides that the chief magistrate of the Magistrate Court of Troup County shall be a full-time position, and the compensation and qualifications for such chief magistrate.

SB 277 PASSED out of the Senate by a vote of 47-1.

HB 652- Douglas Judicial Circuit; superior court judges; supplement paid; change

HB 652 changes the amount of the annual supplement paid to the superior court judges from funds of Douglas County. The salary of each judge shall be supplemented in the amount of $43,318.00 per annum from the funds of Douglas County.

            SB 652 PASSED out of the Senate by a vote of 47-1.

HB 654- Douglas County; State Court; addition of second judge; delay

HB 654 temporarily delays the addition of a second judge for the State Court of Douglas County. The second judge will be added effective July 1, 2010.

HB 654 PASSED out of the Senate by a vote of 47-1.

HB 686- Worth County; board of elections and registration; create

HB 686 creates a board of elections and registration for Worth County

HB 686 PASSED out of the Senate by a vote of 47-1.

HB 718- Fulton County; employee benefits made available to judges; provide

HB 718 amends the Act relating to the compensation and salary supplements of the judges of the superior court of Fulton County. It provides for the governing authority of Fulton County make available to the judges of the superior court of Fulton County all health, dental, mental health, vision, prescription drug, disability, and life insurance benefits and other similar benefits which are made available to employees of Fulton County.

HB 718 PASSED out of the Senate by a vote of 47-1.

HB 781- Catoosa County; clerk of Superior Court; increase allowance

HB 781 sets the maximum allowance to be paid for clerical help for the judge of probate court of Catoosa County, Georgia at $ 130,000.00. It also sets the maximum allowance to be paid for clerical help for the clerk of the superior court at $ 275,000.00.

HB 781 PASSED out of the Senate by a vote of 47-1.

HB 816- Ringgold, City of; provide new charter

HB 816 provides for a new charter for the City of Ringgold. It provides for a municipal court and the judge or judges thereof and other matters relative to those judges.

HB 816 PASSED out of the Senate by a vote of 47-1.

General Calendar:

HB 86- Elections; absentee ballots; provide

HB 86 amends Chapter 2 of Title 21 of the Official Code of Georgia Annotated as it relates to primaries and elections.  It requires that all absentee ballots be counted and tabulated in such a manner that returns may be made by precinct. This bill also provides that separate returns be made and certified for each precinct in which absentee ballots were cast showing the results of the absentee ballots cast in each precinct

            HB 86 PASSED out of the Senate by a vote of 50-0.     

HB 119- General appropriations; State Fiscal Year July 1, 2009 - June 30, 2010

HB 119 is the FY 2010 budget.

HB 119 PASSED out of the Senate by a vote of 52-3.

HB 141- Financial institutions; update definitions; provisions

HB 141 amends Chapter 1 of Title 7 of the O.C.G.A, relating to financial institutions. It provides that in case of refusal to obey a subpoena issued under this article, a superior court may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. A Senate floor amendment was adopted which states that any person, firm, partnership, business, association or corporation to willfully and knowingly accept or use an individual taxpayer identification number issued by the IRS for fraudulent purposes and in violation of federal law.

Amendment 1- inserting after “regulation” on line 12 the following: “relating to unfair or deceptive practices in consumer transactions in an trade and commerce, so as to provide further illustration of an unfair or deceptive trade practices applying to financial and other business institutions;”. It also serves to redesignate Sections 18, and 19, as Sections 19 and 20. Also, inserting between lines 359 and 360 the following language, “For any person, firm, partnership, business, association, or corporation to willfully and knowingly accept or use an individual taxpayer identification number issued by the Internal Revenue Service for fraudulent purposes and in violation of federal law.” ADOPTED

HB 141 PASSED out of the Senate as AMENDED by a vote of 48-1.

HB 147- Bonds or recognizances; forfeiture; relieve surety from liability

HB 147 relieves a surety from liability under certain circumstances. If notice is not served within ten days, the surety shall thereafter be relieved of liability on the appearance bond. A Senate floor amendment was adopted which states that if a bond was prevented from attending because he or she was deported by federal authorities, an official written notice of the deportation from a federal office shall be considered proof of the principal’s deportation.

Amendment 1 (Sen. John Wiles): inserts on line 5 after “circumstances” the following: “to ad a provision relating to conditions not warranting forfeiture of bond or failure to appear.” Also by inserting between lines 35 and 26, section 2A which states “No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was deported by federal authorities. An official written notice of such deportation from a federal official shall be considered proof of the principal’s deportation.” ADOPTED

HB 147 PASSED out of the Senate as AMENDED by a vote of 48-0.

HB 173- Illegal or void contracts; partial restraint of trade; repeal

HB 173 amends Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts. It provides for the judicial enforcement of provisions. HB 173 allows for a court to “blue pencil” contracts, and provides for judges to consider economic hardship if agreement is enforced.

HB 173 PASSED out of the Senate by a vote of 45-2.

HB 184- Marriage license; sickle cell disease information; provide

HB 184 amends Article 2 of Chapter 3 of Title 19 of the O.C.G.A., relating to marriage license and ceremony. It provides that the Department of Human Resources prepare information for public dissemination on the their website describing the importance of obtaining a blood test for sickle cell disease and explaining the causes and effects of such disease. The information must recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease prior to obtaining a marriage license. The information may also be provided as a brochure or other document. The department shall provide brochures to the probate court in an electronic format to disseminate to all persons applying for marriage licenses.

HB 184 PASSED out of the Senate by a vote of 48-0.

HB 189- Child support; collection options; Department of Human Resources; provisions

HB 189 amends Chapter 11 of Title 19 of the O.C.G.A, relating to enforcement of duty of support. It requires private child support collectors to register with the Governor's Office of Consumer Affairs and to provide information as requested by the Governor's Office of Consumer Affairs. Any contract for the collection of child support between a private child support collector and an obligee shall be in writing, in at least ten-point type, and signed by a private child support collector and the obligee. It provides for child support collection options and changes provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources. It sets fourth contract requirements; and provides for prohibited practices of private child support collectors.

HB 189 PASSED out of the Senate by a vote of 38-5.

HB 221- Extraordinary writs; removal of superior court judge; provisions

HB 221 amends Chapter 6 of Title 9 of the O.C.G.A. by clarifying how a party litigant can remove a sitting judge. It provides that no writ of mandamus to compel the removal of a judge shall issue where no motion to recuse has been filed or where a motion to recuse has been denied, after assignment to a separate judge.

HB 221 PASSED out of the Senate by a vote of 47-0.

HB 344- Probation; Department of Corrections; collections of additional fees; authorize

HB 344 authorizes the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center. It states that no fees shall be imposed or collected if the defendant is unemployed or has been found indigent by the sentencing court.

HB 344 PASSED out of the Senate by a vote of 49-2.

HB 371- Public Retirement Systems Investment Authority Law; increase in allowable fund investment; provisions

HB 371 revises the definition of “large retirement system.” Retirement systems created by Title 47 which have assets in excess of $200 million would be classified as a “large retirement system.” Self-administered local retirement systems would no longer be designated as “large retirement systems.” The bill also removes the cap on foreign investments. In addition, it allows all funds to be subject to the same investigating limitations.

HB 371 PASSED out of the Senate by a vote of 48-2.

HB 388- The Option of Adoption Act; enact

HB 388 amends Chapter 8 of Title 19 of the O.C.G.A, relating to adoption, so as to enact the "Option of Adoption Act. The bill expands the definition of embryo to mean an individual fertilized ovum of the human species from the single-cell stage to eight-week development. HB 388 allows the legal embryo custodian to relinquish all rights and responsibilities for the embryo to a recipient intended parent prior to embryo transfer. If the legal embryo custodian chooses to relinquish all rights, a written contract shall be entered into between each legal embryo custodian and each recipient intended parent, prior to embryo transfer. The bill further states that prior to or following the birth of a child, a recipient intended parent may petition the superior court for an expedited order of adoption or parentage. The order terminates any future parental rights and responsibilities of any past or present legal embryo custodian or gamete donor in a child which results from the embryo transfer and vests al rights and responsibilities in the recipient intended parent.

HB 388 PASSED out of the Senate by a vote of 45-9.

HB 453- Superior courts; sunset dates for property filing fees; change

HB 453 amends Code Section 15-6-2 of the O.C.G.A. by extending the sunset date for real estate or personal property filing fees from July 1, 2012 to July 1, 2014.

HB 453 PASSED out of the Senate by a vote of 42-0.

HB 477- Retirement and pensions; creditable service; application requirement; remove

HB 477 amends provisions relating to procedure for establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service. It removes a requirement that any qualified returning veteran desiring to establish creditable service for a period of qualified service give notice no later than six months from the date he or she resumes employment.

HB 477 PASSED out of the Senate by a vote of 53-0.

HB 487- Superior Court Clerks' Retirement Fund of Georgia; employee contribution; increase

HB 487 amends provisions relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund. It increases the amount of employee contributions paid by persons who first or again become members of the Fund on or after September 1, 2009. These individuals will be required to pay $100 per month in the Fund – currently the cost is $50.

In addition, it raises the fees for each fine collected and for each bond forfeited and collected in any criminal or quasi-criminal case from $1.75 to $2.00. The sum of $1.00 shall be paid out of fees charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund. The language in the bill which increased fees and costs for the processing of all instruments pertaining to real estate filed in the superior courts was taken out.

A Senate floor amendment was added which referencing the revenues collected from fines and fees relative to the Peace Officers’ Annuity and Benefit fund, so as to provide for a certain employer contribution the fund. In addition under Section 4, the following floor amendment was added that The Composite State Board of Medical Examiners shall pay an employer contribution for each person who becomes a member of the fund, and such contribution shall be full actuarial cost of the member’s participation as calculated by the actuary for the fund and shall be made on a monthly basis.

Amendment 1: Inserts after “fund” on line 4 language relating to the amendment of the Title dealing with the revenues collected from fines and fees relative to the Peace Officers’ Annuity and Benefit fund, so as to provide for a certain employer contribution the fund. Also, on line 47 the following is inserted under Section 4, that The Composite State Board of Medical Examiners shall pay an employer contribution for each person who becomes a member of the fund, and such contribution shall be full actuarial cost of the member’s participation as calculated by the actuary for the fund and shall be made on a monthly basis.

HB 487 PASSED out of the Senate as AMENDED by a vote of 55-0.

HB 488- Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide

HB 488 amends provisions relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia. No member who first or again becomes a member on or after September 1, 2009, shall be entitled to include service during which he or she was not in compliance with the training requirements.

HB 488 PASSED out of the Senate by a vote of 54-0.

Agrees/Disagrees:

The Senate INSISTS on its Substitute of HB 119- General appropriations; State Fiscal Year July 1, 2009 - June 30, 2010.

The Senate ADHERES to Substitute of HB 119- General appropriations; State Fiscal Year July 1, 2009 - June 30, 2010. Conferees for Conference Committee: Sen. Jack Hill (R- Reidsville), Sen. Tommie Williams (R- Lyons), Sen. Chip Rodgers (R- Woodstock).

The Senate DISAGREES to the House Substitute to HB 195- Trial juries; qualification of electric membership corporation; provide

The Senate AGREES to House Substitute as AMENDED of SB 207- Proceedings; admit general public to hearings in juvenile court with certain exceptions 46/3

Amendment pertains to the bill corrects a technical difficulty

The Senate INSISTS on the House substitute of HB 29- Service and filing pleadings; electronic service; provide

House Session

SB 207 - Proceedings; admit general public to hearings in juvenile court with certain exceptions

SB 207 amends Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to admit the general public to deprivation hearings in juvenile. SB 207 provides for a court to close a hearing only in exceptional circumstances and shall make finding on record and sign an order to close the court. SB 207 also adds a list of people who can inspect files and records of a proceeding in juvenile court without a court order including the child, guardian ad litem, child's attorney, parent or legal guardian who has not been alleged in the offense, DFCS, DJJ and service providers contracted with the juvenile court, DFCS or DJJ. A House Committee Substitute added HB 544 to SB 207 dealing with state agencies sharing information on a juvenile for the purposes of treating the juvenile. It clarifies that a judge can request the media to exclude not only the contact information of a child or family members but also the foster parent or other caretaker of the child.

Rep. Ramsey offered an amendment that changes the “shall” on page 3 line 73 to “may”. This allows the courts to request the media not to disclose identifying information concerning any child or family members or foster parent or other caretaker of a child involved in hearings open to the public. Adopted

SB 207 PASSED out of the House by a vote of 152-10

SB 246 - Courts; provide notice of the release of child from detention under certain circumstances; definitions

SB 246 amends Part 5 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A. by adding new Code section 15-11-51.  This new Code section states that when a child accused of a violent delinquent act is detained pending adjudication, the Department of Juvenile Justice is required to notify the victim of the child’s release from detention not less than 24 hours prior to such child’s release.  If a child has been adjudicated to have committed a violent delinquent act, the Department of Juvenile Justice shall notify the victim of the child’s pending release not less than 48 hours prior to such release.  The bill also provides that notification is not required unless the victim has stated a desire for such notification.  It clarifies the number given by the victim to the court is the primary and personal number to use to contact the individual.

SB 246 PASSED out of the House by a vote of 167-0.

Agrees/Disagrees

The House INSISTS on its position to the Senate Substitute of HB 119- General appropriations; State Fiscal Year July 1, 2009 - June 30, 2010. Conferees for Conference Committee: Rep. Ben Harbin (R - Evans), Rep. Jerry Keen (R - St. Simons) and Representative Mark Burkhalter (R - Johns Creek).

The House AGREED to the Senate Substitute to HB 476. 168-0

The House DISAGREED to the Senate Substitute to HB 457

The House DISAGREED to the Senate Substitute to HB 29

The House DISAGREED to the Senate Substitute to HB 283

The House AGREED to the Senate Substitute to HB 156 as AMENDED by the House. 159-0

The House amendment to HB 156 strikes the 21 day requirement of active duty for eligibility for reelection.