Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB299 Introduced / Bill

Filed 02/08/2023

                    23 LC 46 0540
H. B. 299
- 1 -
House Bill 299
By: Representatives Thomas of the 21
st
, Bonner of the 73
rd
, Clark of the 100
th
, Ballard of the
147
th
, Tarvin of the 2
nd
, and others 
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-9-2.1, Title 16, Title 19, Title 20, and Chapter 2 of Title 38,
1
Chapter 2 of Title 40, of the Official Code of Georgia Annotated, relating to appointment,2
compensation, authority, qualifications, training, and other limitations of associate probate3
court judges, crimes and offenses, domestic relations, education, military affairs, and4
registration and licensing of motor vehicles, respectively, so as to add appropriate references5
to the United States Space Force; to make conforming changes; to provide for related6
matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Code Section 15-9-2.1, relating to appointment, compensation, authority, qualifications,10
training, and other limitations of associate probate court judges, is amended by revising11
paragraph (1) of subsection (e) as follows:12
"(1)  It shall be unlawful for any associate judge of the probate court to engage directly13
or indirectly in the practice of law in his or her own name or in the name of another as a14
partner in any manner in any case, proceeding, or matter of any kind in his or her own15
court or in any other court in any case, proceeding, or any other matters of which his or16 23 LC 46 0540
H. B. 299
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her own court has pending jurisdiction or has jurisdiction.  It shall be unlawful for any
17
associate judge of the probate court to give advice or counsel to any individual on any18
matter of any kind whatsoever that has arisen directly or indirectly in his or her own19
court.  Nothing in this chapter shall be construed to limit in any way the ability of an20
associate judge of the probate court to serve as or offer advice in his or her role as a judge21
advocate or in any other military role in an active duty or reserve component of the22
United States Army, United States Navy, United States Marine Corps, United States23
Coast Guard, United States Air Force, United States Space Force,
 United States National24
Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, the25
Georgia State Defense Force, or in the National Guard or Air National Guard of any state26
or territory of the United States."27
SECTION 2. 28
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is29
amended in Code Section 16-9-63, relating to false representation as veteran, by revising30
paragraph (1) of subsection (a) as follows:31
"(a)  As used in this Code section, the term: 32
(1)  'Armed forces of the United States' means the army, navy, air force, space force,33
marine corps, or coast guard and the reserve components thereof and the uniformed34
components of the Public Health Service or the National Oceanic and Atmospheric35
Administration."36
SECTION 3. 37
Said title is further amended in Code Section 16-11-124, relating to exemptions from38
application of part, by revising paragraph (2) of subsection (a) as follows: 39 23 LC 46 0540
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"(2)  A member of the National Guard or of the armed forces of the United States to wit:
40
the army, navy, marine corps, air force, space force,
 or coast guard who, while serving41
therein, possesses such firearm in the line of duty;"42
SECTION 4. 43
Said title is further amended in Code Section 16-11-129, relating to weapons carry license,44
gun safety information, temporary renewal permit, mandamus, and verification of license,45
by revising subparagraph (a)(2)(A) as follows: 46
"(A)  As used in this paragraph, the term 'service member' means an active duty47
member of the regular or reserve component of the United States Army, United States48
Navy, United States Marine Corps, United States Coast Guard, United States Air Force,49
United States Space Force, United States National Guard, Georgia Army National50
Guard, or Georgia Air National Guard."51
SECTION 5.52
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is53
amended in Code Section 19-7-5, relating to reporting of child abuse, when mandated or54
authorized, content of report, to whom made, immunity from liability, report based upon55
privileged communication, penalty for failure to report, and spiritual treatment for illnesses,56
by revising subparagraph (e)(1)(B) as follows:57
"(B)  'Armed forces of the United States' or 'military' means the United States Army,58
United States Navy, United States Marine Corps, United States Coast Guard, United59
States Air Force, United States Space Force, United States National Guard, Georgia60
Army National Guard, or Georgia Air National Guard, or a reserve component thereof."61 23 LC 46 0540
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SECTION 6.
62
Said title is further amended in Code Section 19-8-26, relating to forms, by revising63
subparagraph (h)(2)(A) as follows:64
"(A)  The branch of his service is (Army) (Navy) (Marine) (Air Force) (Space Force)
65
(Coast Guard) [circle one]."66
SECTION 7. 67
Said title is further amended in Code Section 19-8-26, relating to forms, by revising68
subparagraph (n)(7)(A) as follows:69
"(A)  The branch of my service is (Army)(Navy)(Marine)(Airforce)(Space Force)(Coast70
Guard)[circle one]."71
SECTION 8.72
Said title is further amended in Code Section 19-9-6, relating to definitions relative to child73
custody proceedings, by revising paragraph (1) of subsection (a) as follows: 74
"(1)  'Armed forces' means the national guard and the reserve components of the armed75
forces, the United States army, navy, marine corps, space force, coast guard, and air76
force." 77
SECTION 9.78
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in79
Code Section 20-4-130, relating to definitions relative to the Defense Community Economic80
Development Grant Program, by revising paragraph (4) of subsection (a) as follows:81
"(4)  'Military installation' means a facility owned and operated by United States Army,82
Air Force, Navy, Marines, Space Force, or Coast Guard that shelters military equipment83
and personnel and facilitates training and operations for such organizations."84 23 LC 46 0540
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SECTION 10.
85
Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs,86
is amended in Code Section 38-2-2, relating to definitions relative to the Defense Community87
Economic Development Grant Program, by revising paragraph (4) of subsection (a) as88
follows:89
"(1)  'Active military service of the United States' and 'in the armed forces of the United90
States' mean full-time duty in the army, navy, marine corps, air force, space force,
 or91
coast guard of the United States."92
SECTION 11. 93
Said chapter is further amended in Code Section 38-2-217, relating to resignations, acts94
constituting resignation, types of discharge after resignation, and resignation of officers who95
are accountable for military funds or property, by revising subsection (b) as follows:96
"(b)  Enlistment in the regular army, air force, navy, marine corps, space force, or coast97
guard of the United States shall be deemed a resignation by the person so enlisting of all98
commissions in the militia held by him or her."99
SECTION 12.100
Chapter 2 of Title 40, relating to registration and licensing of motor vehicles, is amended in101
Code Section 40-2-65, relating to special license plates for members of active reserve102
components of the United States, by revising paragraph (1) of subsection (a) as follows:103
"(1)  Motor vehicle owners who are assigned or attached members of troop program units104
of any branch of the active reserve components of the United States inside or outside the105
State of Georgia shall be eligible to receive free motor vehicle license plates for private106
passenger cars, motorcycles, or trucks used for personal transportation.  Motor vehicle107
owners who are members of any National Guard unit in a state adjoining the State of108
Georgia and for whom there is no National Guard unit in the county of their residence109 23 LC 46 0540
H. B. 299
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shall be eligible to receive free motor vehicle plates for private passenger cars,
110
motorcycles, or trucks used for personal transportation to identify such vehicle owner as111
a reservist.  Such license plates shall be issued in compliance with the state motor vehicle112
laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of113
this chapter.  No person shall be entitled to more than one free motor vehicle license plate114
for any calendar year; provided, however, that, upon payment of the regular license fee115
provided for in Code Section 40-2-151 and a manufacturing fee of $25.00, a reservist116
shall be entitled to receive one additional such license plate.  For each additional license117
plate for which an initial $25.00 fee was required, there shall be an additional annual118
registration fee of $25.00, which fee shall be collected by the county tag agent at the time119
of collection of other registration fees and shall be remitted to the state as provided in120
Code Section 40-2-34.  Additional words or symbols in addition to numbers and letters121
prescribed by law shall be inscribed upon such license plates so as to identify122
distinctively the owner as a member of one of the following branches of the United States123
military reserve: Army, Navy, Marines, Air Force, Space Force,
 or Coast Guard.  The124
commanding officer of each active reserve component program unit or the adjutant125
general of the National Guard unit of each neighboring state shall, upon request of any126
reserve member or National Guard member of that unit, respectively, furnish to that127
member approved documentation supporting the member's current membership in the128
respective reserve or National Guard unit.  This documentation shall be presented129
annually to the tax commissioner of the county in which the reserve member or National130
Guard member applies for the special license plate under this Code section and upon131
subsequent reregistration for each succeeding year."132
SECTION 13.133
Said chapter is further amended in Code Section 40-2-85.1, relating to special license plates134
for certain veterans, by revising subsection (d) as follows:135 23 LC 46 0540
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"(d)  The special and distinctive vehicle license plates shall be as prescribed in Article 2 of
136
this chapter for private passenger cars, motorcycles, trucks, recreational vehicles, and137
trailers used for personal transportation.  Such plates shall contain words or symbols, in138
addition to the numbers and letters prescribed by law, so as to identify distinctively the139
owners who are veterans, who are recipients of a military medal award, or who served140
during active military combat and shall additionally identify distinctively the owner as a141
current or former member of one of the following branches of the armed forces of the142
United States: Army, Navy, Marines, Air Force, Space Force,
 or Coast Guard."143
SECTION 14.144
All laws and parts of laws in conflict with this Act are repealed.145