JUDICIAL COUNCIL OF GEORGIA ADMINISTRATIVE OFFICE OF THE COURTS

WEEKLY LEGISLATIVE REPORT

March 25, 2016 legislation.georgiacourts.gov Week 11 (Legislative Days 39-40)

The final two days of the 2016 session took place on Tuesday and Thursday this week and the General Assembly adjourned Sine Die shortly after midnight on Friday, March 25. Major items that achieved resolution and final passage on Days 39 and 40 include the FY 2017 state budget, garnishment reform, criminal justice reform legislation, adjustments to appellate jurisdiction, and provisions relating to the administrative license suspension process and issuance of ignition interlock device limited driving permits. Items supported by the Judicial Council that achieved final passage include removal for cause provisions for municipal court judges, the repeal of administrative legitimation, and changes to the degrees of consanguinity between a judge and parties who appear before them.

This report is a compilation of the items acted on this week affecting Georgia’s Judiciary. Bill summaries provided on the Judicial Council/AOC legislative website will be updated over the coming weeks to reflect final, As Passed versions. Staff may be contacted using the information provided on the last page of this report with any questions. To view more legislation pertaining to the judiciary, as well as bill summaries and previous reports, please visit legislation.georgiacourts.gov.

Floor and Committee Action

Legislation Supported by the Judicial Council

HB 691 - Municipal courts; removal of appointed judges under certain circumstances; provide Sponsor: Rep. (R – Dawsonville)

HB 691 amends Article 1 of Chapter 32 of Title 36 of the O.C.G.A., relating to municipal courts generally to provide removal for cause provisions for municipal court judges and procedures for removal proceedings.

Action: The House Agreed to the Senate Substitute of HB 691. Final Passage. (3/22/16)

SB 64 - Juvenile Code, Domestic Relations, and Vital Records; repeal voluntary acknowledgments of legitimation Sponsor: Sen. Chuck Huftstetler (R – Rome)

SB 64 repeals O.C.G.A. § 19-7-21.1, the Code Section that provides for administrative legitimation.

Action: The House and Senate each insisted on their positions to SB 64 and a Conference Committee was adopted; the House adopted the Conference Committee report to SB 64; and, the Senate adopted the Conference Committee report to SB 64. Final passage. (3/24/16)

SB 255 - Garnishment Proceedings; modernize, reorganize, and provide constitutional protections Sponsor: Sen. Jesse Stone (R – Waynesboro)

SB 255 amends Chapter 4 of Title 18 of the O.C.G.A. to restructure the garnishment statutes and provide for garnishment reform.

Action: SB 255 passed out of the House by Substitute; and, the Senate Agreed to the House Substitute. Final passage. (3/24/16)

SB 262 - Courts; when a judge, judicial officer, grand juror; may be disqualified by being related by consanguinity/affinity to a party; provisions Sponsor: Sen. Jesse Stone (R – Waynesboro)

SB 262 limits the degree of consanguinity between judges and parties who appear before them from six degrees to three. The provisions of HB 1027, which seeks to clarify provisions on e-filing in superior, state and magistrate courts, were added to SB 262.

Action: The Senate Agreed to the House Substitute to SB 262. Final passage. (3/24/16)

Other Bills

HB 59 - State tort claims; waiver of sovereign immunity for declaratory judgment or injunctive relief; provide Sponsor: Rep. (R – Sandy Springs) Action: HB 59 passed the Senate by Substitute (3/22/16); the House Agreed to the Senate Substitute as Amended; and, the Senate Agreed to the House Amendment to the Senate Substitute. Final passage. (3/24/16)

HB 205 - Drivers' licenses; require driver who refused blood alcohol concentration testing to install and maintain ignition interlock devices on vehicle; provisions Sponsor: Rep. Tom Rice (R – Norcross) Action: HB 205 passed out of the Senate by Substitute (3/22/16); the House Disagreed to the Senate Substitute to HB 205; the House and Senate each insisted on their positions and a Conference Committee was appointed; the House adopted the Conference Committee report to HB 205; and, the Senate adopted the Conference Committee report to HB 205. Final Passage. (3/24/16)

HB 229 - Domestic relations; grandparent rights to visitation and intervention to great-grandparents and siblings of parents; expand Sponsor: Rep. Brian Strickland (R – McDonough) Action: The House Agreed to the Senate Substitute to HB 229 as Amended by the House (3/22/16); the Senate Agreed to the House Amendment to the Senate Substitute. Final passage. (3/24/16)

HB 370 - Elections; provide for waivers of certain civil penalties and fees incurred by candidates for local elected office; provisions Sponsor: Rep. (R – Harlem) Action: The House Agreed to the Senate Substitute to HB 370. Final passage. (3/22/16)

HB 513 - Pleadings and motions; procedure for claims asserted against a person or entity arising from an act which could be construed as an act in furtherance of the right of free speech or right to petition government for redress of grievances; revise provisions Sponsor: Rep. Ron Stephens (R – Savannah) Action: The House Agreed to the Senate Substitute to HB 513. Final Passage. (3/22/16)

HB 514 - South Fulton, City of; Fulton County; incorporate Sponsor: Rep. (D – Atlanta) Action: HB 514 passed out of the Senate by Substitute (3/22/16); the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 555 - Courts; provide reporting of certain statistics regarding juveniles seeking abortions without parental notice; provisions Sponsor: Rep. Joyce Chandler (R – Grayson) Action: The House Agreed to the Senate Substitute to HB 555 as Amended by the House; and, the Senate Agreed to the House Amendment to the Senate Substitute. Final passage. (3/24/16)

HB 605 - Georgia Judicial Retirement System; member who was serving in a full-time position on his or her retirement may use prior part-time service for vesting; provide Sponsor: Rep. Tom Weldon (R – Ringgold) Action: HB 605 passed out of the Senate. Final passage. (3/24/16)

HB 727 - Fireworks; certain further regulations by counties and municipal corporations; provide Sponsor: Rep. Paul Battles (R – Cartersville) Action: The House Agreed to the Senate Substitute as Amended by the House (3/22/16); the Senate Agreed to House Substitute as Amended; the House Disagreed to the House Substitute as Amended by the Senate; the House and Senate each insisted on its position and a Conference Committee was appointed; the House adopted the Conference Committee report to HB 727; and, the Senate adopted the Conference Committee report to HB 727. Final Passage. (3/24/16)

HB 751 - General appropriations; State Fiscal Year July 1, 2016 - June 30, 2017 Sponsor: Speaker (R – Blue Ridge) Action: The House and Senate each adopted the Conference Committee report to HB 751. Final passage. (3/22/16)

HB 759 - Courts; financial institutions; certain activities shall not constitute the unauthorized practice of law; provide Sponsor: Rep. Wendell Willard (R – Sandy Springs) Action: HB 759 passed out of the Senate. Final passage. (3/24/16)

HB 764 - Motor vehicles; drivers to stop at crosswalks with pedestrian-activated rectangular rapid flash beacons; require Sponsor: Rep. (R – Hartwell) Action: HB 764 failed to pass the Senate. Lost. (3/24/16)

HB 767 - Motor vehicles; add utility service vehicles to the "Spencer Pass Law"; provisions Sponsor: Rep. Alan Powell (R – Hartwell) Action: The House Agreed to the Senate Substitute to HB 767. Final passage. (3/22/16)

HB 779 - Crimes and offenses; regulate use of unmanned aircraft systems and images; provisions Sponsor: Rep. Kevin Tanner (R – Dawsonville) Action: The House Agreed to the Senate Substitute as Amended by the House (3/22/16); and, the Senate Agreed to the House Amendment to the Senate Substitute. Final passage. (3/24/16)

HB 783 - Controlled substances; Schedules I and IV; change certain provisions Sponsor: Rep. Bruce Broadrick (R – Dalton) Action: HB 783 passed out the Senate by Substitute; and, the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 792 - Firearms; carrying, possession, and use of electroshock weapons by persons who are students or who are employed at a public institution; authorize Sponsor: Rep. (R – Lawrenceville) Action: HB 792 passed out of the Senate by Substitute (3/22/16); and, the House Agreed to the Senate Substitute. Final Passage. (3/24/16)

HB 804 - Superior courts; fifth judge of the Clayton Judicial Circuit; provide Sponsor: Rep. (D – Fayetteville) Action: The House Agreed to the Senate Substitute to HB 804. Final passage. (3/22/16)

HB 806 - Drivers' licenses; expiration of certain licenses and identification cards; provisions Sponsor: Rep. Kevin Tanner (R – Dawsonville) Action: HB 806 passed out of the Senate as Amended; and, the House Agreed to the Senate Amendment. Final passage. (3/24/16)

HB 808 - Courts; Judicial Qualifications Commission; create Sponsor: Rep. Wendell Willard (R – Sandy Springs) Action: HB 808 passed out of the Senate by Substitute (3/22/16); the House Agreed to the Senate Substitute as Amended; and, the Senate Agreed to the House Amendment to the Senate Substitute. Final passage. (3/24/16)

HB 851 - Local government; annual audit of financial affairs, books, and records of boards of trustees of county law libraries; require Sponsor: Rep. (R – St. Simons Island) Action: The House Agreed to the Senate Substitute to HB 851 as Amended (3/22/16); and, the Senate Agreed to the House Amendment to the Senate Substitute. Final passage. (3/24/16).

HB 874 - Courts; ability to prosecute street gang terrorism; improve Sponsor: Rep. Bert Reeves (R – Marietta) Action: HB 874 passed out of the Senate by Substitute (3/22/16); and, the House Agreed to the Senate Substitute. Final Passage. (3/24/16)

HB 887 - Courts; parental rights; prioritize placement of a child with an adult or fictive kin qualified to care for such child Sponsor: Rep. (R – Dacula) Action: The House Agreed to the Senate Substitute as Amended by the House (3/22/16); and, the Senate Agreed to the House Amendment to the Senate Substitute. Final passage. (3/24/16)

HB 900 - Crimes and offenses; electronic data base of prescription information; authorize the retention of data base information for 2 years Sponsor: Rep. (R – Marietta) Action: HB 900 passed out of the Senate. Final passage. (3/24/16)

HB 905 - Courts; child abuse; change provisions Sponsor: Rep. (R – Canton) Action: HB 905 passed the Senate by Substitute; and, the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 927 - "Appellate Jurisdiction Reform Act of 2016"; enact Sponsor: Rep. Christian Coomer (R – Cartersville) Action: HB 927 passed out of the Senate. Final Passage. (3/22/16).

HB 941 - Courts; review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; provide for procedure Sponsor: Rep. (R – Smyrna) Action: HB 941 passed out of the Senate by Substitute (3/22/16); and, the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 949 - Crimes and offenses; illegal use of financial transaction cards; revise provisions Sponsor: Rep. Alan Powell (R – Hartwell) Action: HB 949 passed out of the Senate by Substitute (3/22/16); and, the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 952 - "Georgia Professional Regulation Reform Act"; enact Sponsor: Rep. Chad Nimmer (R – Blackshear) Action: The House Agreed to the Senate Substitute to HB 952. Final passage. (3/24/16)

HB 954 - "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act"; enact Sponsor: Rep. Chuck Efstration (R – Dacula) Action: HB 954 passed out of the Senate by Substitute as Amended; and, the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 962 - Human Services, Department of; creation, appointment, removal, and duties of a kinship care enforcement administrator; provide Sponsor: Rep. Stacey Abrams (D – Atlanta) Action: The House Agreed to the Senate Substitute to HB 962 as Amended by the House (3/22/16); and, the Senate Agreed to the Senate Substitute as Amended by the House. Final passage. (3/24/16)

HB 976 - State records management; minimum retention periods for video recordings from law enforcement devices on or inside a vehicle; provide Sponsor: Rep. (R – Rincon) Action: HB 976 passed out of the Senate as Amended (3/22/16); and, the House Agreed to Senate Amendment. Final passage. (3/24/16)

HB 1004 - Courts; maps, plats, and plans to be filed for record; provide requirements Sponsor: Rep. (R – Jasper) Action: HB 1004 passed out of the Senate by Substitute; and, the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 1025 - Courts; service of accusations of or citations for violations of ordinances under certain circumstances; change provisions Sponsor: Rep. Tom Taylor (R – Dunwoody) Action: HB 1025 passed out of the Senate by Substitute; and, the House Agreed to the Senate Substitute. Final passage. (3/24/16)

HB 1060 - Crimes and offenses; carrying and possession of firearms; confirm that the right of the people to keep and bear arms shall not be infringed Sponsor: Rep. Rick Jasperse (R – Jasper) Action: HB 1060 passed out of the Senate by Substitute (3/22/16); and, the House agreed to the Senate Substitute. Final passage. (3/24/16)

HB 1070 - Domestic relations; adoption; permit the department to use certain information in the records concerning the adopted child's biological parents Sponsor: Rep. (R – Rome) Action: HB 1070 passed out of the Senate by Substitute; and, the House Agreed to the Senate Substitute. Final Passage. (3/24/16)

HR 1113 - Judicial Qualifications Commission; create - CA Sponsor: Rep. Wendell Willard (R – Sandy Springs) Action: HR 1113 passed out of the Senate by Substitute; and, the House Agreed to the Senate Substitute. Final passage. (3/22/16)

SB 193 - Crimes and Offenses; family violence battery; change penalty provisions Sponsor: Sen. Charlie Bethel (R – Dalton) Action: The Senate Agreed to the House Substitute to SB 193. Final passage. (3/24/16)

SB 208 - Stonecrest, City of; provide for a charter Sponsor: Sen. Ronald Ramsey, Sr. (D – Lithonia) Action: The Senate Agreed to the House Substitute to SB 208. Final passage. (3/24/16)

SB 270 - Firearms; authorize qualified retired law enforcement officers to carry handgun anywhere within this state Sponsor: Sen. P. K. Martin IV (R – Lawrenceville) Action: SB 270 passed out of the House by Substitute (3/22/16); the Senate Agreed to the House Substitute as Amended by the Senate; and, the House Agreed to the Senate Amendment. Final passage. (3/24/16)

SB 271 - Mental Health; provide reasonable standards for providing patients notice; admission to an emergency receiving facility Sponsor: Sen. Dean Burke (R – Bainbridge) Action: SB 271 passed out of the House. Final passage. (3/22/16)

SB 304 - Criminal Records; allow for the preservation of a person's involuntary hospitalization information received by Georgia Crime Information Sponsor: Sen. Elena Parent (D – Atlanta) Action: SB 304 received a Do Pass by Committee Substitute from the House Judiciary Non-Civil Committee (3/22/16); SB 304 passed out of the House by Substitute; the Senate Agreed to the House Substitute as Amended by the Senate; and, the House Agreed to the Senate Amendment to the House Substitute. Final passage. (3/24/16)

SB 320 - Driver's License; revise exemptions afforded to nonresidents issued to them in in home state/country Sponsor: Sen. Ben Watson (R – Savannah) Action: SB 320 passed out of the House by Substitute (3/22/16); and, the Senate Agreed to the House Substitute. Final passage. (3/24/16)

SB 331 - Courts; causing a child to be conceived; violating certain prohibitions relating certain offenses; additional ground for terminating parental rights Sponsor: Sen. Bruce Thompson (R – White) Action: The Senate Agreed to the House Substitute to SB 331. Final passage. (3/24/16).

SB 332 - Public Order and Safety; clarify the judges and justices who are exempt; various weapon carry laws and prohibitions Sponsor: Sen. John Kennedy (R – Macon) Action: SB 332 passed out of the House by Substitute (3/22/16); and, the Senate Agreed to the House Substitute. Final passage. 3/24/16

SB 367 - Georgia Council Justice Reform; provide for comprehensive reform Sponsor: Sen. John F. Kennedy (R – Macon) Action: The Senate Agreed to the House Substitute to SB 367. Final passage. (3/24/16)

SR 1171 - Senate Judicial Qualifications Commission Study Committee; create Sponsor: Sen. Josh McKoon (R – Columbus) Action: SR 1171 was adopted by the Senate. (3/22/16)

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