Daily Update for Thursday, March 18, 2010

Legislative Day 27

Senate Session

SB 299 - Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions 

SB 299 prohibits a child from being detained or placed in shelter care prior to the hearing on the petition by virtue of a standing court order. In addition, SB 299 changes certain provisions relating to the zero tolerance policy on weapons in schools.

SB 299 PASSED out of the Senate by a vote of 47-0

SB 360 - Motor Vehicles; prohibit persons 18 years of age or younger from using wireless telecommunications devices; text messages 

This bill amends Title 40 Chapter 5, making it an offense for an individual under the age of 18 to engage in text messaging while driving. Individuals convicted of this offense shall be fined $500 and 4 points will be added to their license. The offender’s license shall also be suspended: 6 months for a first offense, 12 months for a second or subsequent offense. After the suspension has expired, the offender must pay a restoration fee of $100.

SB 360 PASSED out of the Senate by a vote of 46-0

SB 439 - Offenses; provide for neutrality with regard to the offense of incest

            This bill amends 16-6-22 to make the offense of incest gender neutral.

SB 439 PASSED out of the Senate by a vote of 42-0.

Senate will stand adjourned until Monday, March 22, 2010 at 1:00 PM.

House Session

HB 1144 - Juvenile proceedings; detention; change provisions

HB 1144 amends code section 15-11-63 and 17-10-11 of the O.C.G.A. by expanding credit to time served to juvenile offenders just as adult offenders.

            HB 1144 PASSED out of the House by a vote of 118-34.

House will stand adjourned until Monday, March 22, 2010 at 10:00 AM.

House Judiciary (Non-Civil) Setzler Subcommittee

Rep. Neal presented HB 1183 to the House Judiciary (Non-Civil) Setzler Subcommittee.

HB 1183 - Sexual offenses; gender neutrality in incest offense; provide

HB 1183 provides for gender neutrality with regard to the offense of incest involving sexual intercourse or sodomy

HB 1183 received a DO PASS by the House Judiciary (Non-Civil) Setzler Subcommittee.

Rep. Neal presented HB 1309 to the House Judiciary (Non-Civil) Setzler Subcommittee.

HB 1309 - Controlled substances; add synthetic cannabinoids to Schedule I list; provide

HB 1309 adds synthetic marijuana, or K2, to the Schedule I controlled substances list.

Amendment 1:fixes a typo in the bill.  In line 33, change “JHW-018” to “JWH-018.” Amendment Adopted

HB 1309 received a DO PASS as AMENDED by the House Judiciary (Non-Civil) Setzler Subcommittee.

Rep. Pruett presented HB 1040 to the House Judiciary (Non-Civil) Setzler Subcommittee.

HB 1040 - Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions

HB 1040 allows individuals with disabilities to be treated by a designated caregiver, as per the orders of a doctor or nurse. However, the individual (or their guardian) must waive liability for the licensed attending physician, nurse practitioner, or physician assistant, the registered professional nurse who trained such designated caregiver, and, when applicable, the licensed home or community based agency relative to their involvement in the performance of health maintenance activities by the designated caregiver.

HB 1040 received a DO PASS by the House Judiciary (Non-Civil) Setzler Subcommittee.

Rep. Pruett presented HB 1104 to the House Judiciary (Non-Civil) Setzler Subcommittee.

HB 1104 - Juvenile proceedings; graduated sanctions and secure detention for probation violators; provisions

HB 1104 amends Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to provide for graduated sanctions and secure detention for children who violate the terms of their probation. The bill also increases the sunset period for another 2 years.

Amendment 1: strikes the new language about graduated sanctions, and uses the old language, but extend the sunset period for 2 years in order to give more time to work the kinks out of the program.  It will allow for more flexibility for judges. Amendment Adopted

HB 1104 will move on to full committee after a new substitute is drafted.

Rep. Butler presented HB 669 to the House Judiciary (Non-Civil) Setzler Subcommittee.

HB 669 - Outdoor sports activities; engaging while under the influence; prohibit

HB 669 changes the legal BAC level for hunting and boating from .1 to mirror the legal BAC level for driving - .08.

Amendment 1: Updates the effective date.  On line 334, change “2009” to “2010.” Amendment Adopted

HB 669 received a DO PASS as AMENDED by the House Judiciary (Non-Civil) Setzler Subcommittee.

House Judiciary Civil

Rep. Roger Lane (R – Statesboro) introduced HB 1140 to the House Judiciary Civil Committee.

HB 1140 - Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change

HB 1140 amends an Act to provide for additional judges for the superior courts of the Alcovy, Atlanta, and Brunswick judicial circuits, approved May 12, 2008, so as to change the dates of the terms of office of the initial appointees. The new judgeships shall be appointed by the Governor for a term beginning July 1, 2010, and expiring December 31, 2012.

HB 1140 received a DO PASS from the House Judiciary Civil Committee.

Rep. Bob Bryant (D – Garden City) introduced HR 136 to the House Judiciary Civil Committee.

HR 136 - Owners of real property; industrial areas; remove property - CA

HR 136 amends the Constitution to allow for property owners in Chatham County to voluntarily remove their property from industrial zoning. The real property is no longer required to be an island.

HR 136 received a DO PASS from the House Judiciary Civil Committee.

Rep. John Lunsford (R – McDonough) introduced HB 1053 to the House Judiciary Civil Committee.

HB 1053 - Solicitors-general; act during pendency of vacancy in office; provide

The substitute to HB 1053 establishes that in the event of a vacancy in the office of solicitor-general, the chief or senior assistant solicitor-general shall serve as the acting solicitor-general until the governor can make an appointment. If there is no assistant solicitor-general, then the probate court shall appoint an acting solicitor-general.

HB 1053 received a Do PASS from the House Judiciary Civil Committee.

House Judiciary (Non-Civil) Ramsey Subcommittee

Rep. Chuck Sims (R – Ambrose) introduced HB 1189 to the House Judiciary (Non-Civil) Ramsey Subcommittee.

HB 1189 - Governmental office abuse; malfeasance offense; provide

This bill adds a new code section in 16-10-10, creating and defining the offense of “malfeasance in office.” This offense is a misdemeanor of a high and aggravated nature.

NO ACTION was taken on HB 1189 by the House Judiciary (Non-Civil) Ramsey Subcommittee.

House Ways and Means Committee

Richard Smith (R - Columbus) presented HB 1055 to the House Ways and Means Committee.

HB 1055 - Drivers' licenses; fees for temporary licenses or identification cards; change

The substitute to HB 1055 amends provisions of the O.C.G.A, relating to fees. Code Section 15-21A-6.1 is amended by establishing that in addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $100.00, to be known as the judicial operations fund fee, in each civil action or case filed in the superior and state courts. It exempts municipalities, counties, and political subdivisions.

Each clerk shall collect the fees and the money is to be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury.

There is a $150 fee for requesting an administrative hearing for DUI license reinstatement.

It is the intent of the General Assembly that the funds be made available for appropriation and may be appropriated for the purposes of funding salaries of judges and the operational needs of the judicial system of Georgia.

HB 1055 received a DO PASS by the House Ways and Means Committee.

Senate Special Judiciary Committee

Sen. Bill Cowsert (R – Athens) presented SR 1285 to the Senate Special Judiciary Committee

SR 1285 - General Assembly; provide for contracts that limit competitive activities; business or commercial enterprise-CA

SR 1285 establishes that the General Assembly shall have the power to authorize and provide by general law for judicial enforcement of contracts or agreements restricting or regulating competitive activities between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, franchisors and franchisees, sellers and purchasers of a business or commercial enterprise, or two or more employers.

SR 1285 received a DO PASS from the Senate Special Judiciary Committee

Sen. John J. Wiles (R – Marietta) presented HB 858 to the Senate Special Judiciary Committee

HB 858 - County law libraries; payment of certain funds into county general fund; provisions

HB 858 amends Chapter 15 of Title 36 of the O.C.G.A, relating to county law libraries, by revising the applicability of a provision relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties. In all counties of this state having a population of 950,000, previously (700,000), or more according to the United States decennial census of 1980 or any future such census, all funds collected by reason of this chapter shall be paid into the general treasury of such county, to be used for lawful purposes of the courts of the county, including the maintenance of a county law library; and there shall be no county law library fund.

NO ACTION was taken on HB 858 by the Senate Special Judiciary Committee.

House Judiciary (Civil) Lane Subcommittee 

Rep. Tom Rice (R - Norcross) presented HB 852 to the House Judiciary (Civil) Lane Subcommittee

HB 852 - Used cars; nondisclosure of known defects by seller; provide penalty

HB 852 requires any person who sells or trades a used motor vehicle to disclose to the purchaser any known defects or damage to the vehicle. Any person convicted of withholding the information regarding known defects or damage to the vehicle from the purchaser, shall be guilty of a misdemeanor punishable by imprisonment for up to three months and a fine not to exceed $1,000.00, or both.

Any person convicted of altering a document that evidences known defects or damage to a used motor vehicle in order to conceal the evidence, and uses the altered document in the sale or trade of the motor vehicle, shall be guilty of a misdemeanor punishable by imprisonment for up to six months and a fine not to exceed $1,000.00, or both.

HB 852 received a DO PASS by COMMITTEE SUBSTITUTE from the House Judiciary (Civil) Lane Subcommittee.

Tom McCall (R - Elberton) presented HB 1159 to the House Judiciary (Civil) Lane Subcommittee

HB 1159 - Adoption records; non-identifying medical information open to certain persons; provide

HB 1159 clarifies that non-identifying medical information contained in adoption records shall be open to certain persons for purposes of providing medical treatment and diagnoses.

HB 1159 received a DO PASS from the House Judiciary (Civil) Lane Subcommittee.

HB 1116 - General Assembly; unlawful to receive compensation from political subdivisions; provisions

HB 1116 provides that it shall be unlawful for any member of the General Assembly to receive compensation of any kind or anything of value, either directly or indirectly, from any political subdivision located in whole or in part in the House or Senate district which the member represents. It also establishes that it shall be unlawful for any political subdivision to employ or pay compensation of any kind or anything of value, either directly or indirectly, to any member of the General Assembly whose House or Senate district includes the political subdivision in whole or in part.

HB 1116 received a DO NOT PASS from the House Judiciary (Civil) Lane Subcommittee.

Senate Judiciary Committee

Sen. George Hooks (R-Americus) presented SB 302 to the Senate Judiciary Committee.

SB 302 - Wills, Trusts, & Admin. of Estates;  

SB 302 amends Article 1 of Chapter 12 of Title 53 of the O.C.G.A., relating to general provisions relative to trusts. It provides that where no distribution has been made from a trust within ten years from the creation of the trust, or within five years from the most recent distribution, the trustee shall notify the district attorney of the circuit in which the major portion of trust res lies is located. If the district attorney determines that the intent of the trust is not being furthered and is not likely to be accomplished, he or she shall file a petition in the superior court to reform the trust. The trustee and all known beneficiaries of the trust shall be served with notice of the petition and may become parties to the action. If the court determines that the intent of the trust is not being furthered and is not likely to be accomplished, the court shall declare the trust dormant and issue an order reforming the trust so as to further the original intent of the trust as closely as possible.

SB 302 received a DO PASS by the Senate Judiciary Committee.

Senator Smith (R-Rome) presented SB 423 to the Senate Judiciary Committee

SB 423 - "Smash and Grab Act"; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary

SB 423 creates a new statue defining the offense of smash and grab burglary, the intentional and without authority entering of a retail establishment with the intent to commit theft, in addition to causing more than $500 of damage without the owner’s consent. Smash and grab burglary will be a felony punishable by 2 to 20 years in prison and/or a $100,000 fine. A second or subsequent conviction will carry a prison term of five to twenty years and/or the fine.

The crime of contributing to the delinquency of a minor in Code Section 16-12-1 is amended to included knowingly and willfully hiring, soliciting, conspiring with, encouraging, etc. and minor to commit burglary of retail property, including retail property fencing, it if would be a felony if committee by an adult. A first offense conviction will carry a prison sentence of one to ten years.

Code Section 15-11-63, relating to the commission of a designated felony act of burglary by a child 15 years or older, will not apply to smash and grab burglary. 

Amendment 1: changes the $100 amount of damage done to the owner’s property to $500. Amendment Adopted. 

SB 423 received a DO PASS by COMMITTEE SUBSTITUTE from the Senate Judiciary Committee.

Senator Renee S Unterman (R- Buford) presented SB 375 to the Senate Judiciary Committee

SB 375 - Behavioral Health/Developmental Disabilities; revise provisions

SB 375 requires any plaintiff who sues the Department of Behavioral Health and Development Disabilities, the Board of Behavioral Health and Development Disabilities, the commissioner of Behavioral Health and Development Disabilities, or any employee, to serve a process on the commissioner or his/her agent. Service of process will not be perfected until it has been served.

The bill expands the Behavioral Health Coordinating Council to include the commissioner of community affairs, the Labor Commissioner, the state school superintendent, the chair of the Board of Pardons and Paroles, and the disability services ombudsman.

Amendment 1: on line 35 strikes “a second original process” and on line 39 strikes “second original”. Amendment Adopted

SB 375 received a DO PASS as AMENDED from the Senate Judiciary Committee.

SB 461 - Wills, Trusts, Estate; provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills

SB 461 provides for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011.

SB 461 also provides for judicial construction of wills and trust instruments. A court may construe a will or trust instrument to determine whether this statue would apply, or whether the instrument manifests an intention that the provision should be construed in another manner. A personal representative, beneficiary or trustee may petition the court for construction of an instrument under this statue within one year of the death of the testator or settlor. 

SB 461 received a DO PASS from the Senate Judiciary Committee.

SB 488 - Georgia Foreign Money Judgments Recognition Act; not recognize foreign judgments in defamation actions

SB 488 amends Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless the jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state.

SB 488 received a DO PASS from the Senate Judiciary Committee.

SB 491 - Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions

SB 491 allows Georgia courts to exercise personal jurisdiction over nonresidents involved in domestic relation cases.

SB 491 received a DO PASS from the Senate Judiciary Committee.