06 LC 29
2421S
The
House Committee on Judiciary Non-civil offers the following substitute
to
HR
1794:
A
RESOLUTION
Creating
the House Study Committee on Court Surcharges and Additional Fines; and for
other purposes.
WHEREAS,
a wide array of additional fees, surcharges, fines, and other charges have been
added to filing fees for civil actions and to fines for criminal actions in the
various courts of our state; and
WHEREAS,
there are over 20 different additional fees, surcharges, fines, and other
charges currently in place in Georgia and each year new proposals are presented
for even more such additional fees, surcharges, fines, and other charges;
and
WHEREAS,
the amount of these additional fees, surcharges, fines, and other charges have
begun to overtake and surpass the basic fees and fines for which they were
originally designed to be supplementary charges; and
WHEREAS,
while the concept of having those who create a problem, either directly or
indirectly, pay for the amelioration of such problem instead of spreading the
costs of such problem on the general taxpayers is a good concept, there may be a
point at which too much of the cost is placed on these basic fees and fines,
making such fees and fines oppressive and unduly harsh and, in some cases,
denying citizens access to justice.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created
the House Study Committee on Court Surcharges and Additional Fines to be
composed of one superior court clerk, the chairman of the County and Municipal
Probation Advisory Counsel, and three members of the House to be appointed by
the Speaker of the House, who shall designate one member as the chairperson of
the committee. The committee shall meet at the call of the
chairperson.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, issues, and problems mentioned above or related thereto and
recommend any actions or legislation which the committee deems necessary or
appropriate. In particular, the committee shall study the use of additional
fees, surcharges, fines, and other charges in the court system and determine how
such charges should be properly used and if such charges are becoming unduly
harsh and oppressive and are denying or deterring citizens from accessing the
courts. The committee may conduct such meetings at such places and at such
times as it may deem necessary or convenient to enable it to exercise fully and
effectively its powers, perform its duties, and accomplish the objectives and
purposes of this resolution. The legislative members of the committee shall
receive the allowances authorized for legislative members of interim legislative
committees but shall receive the same for not more than five days unless
additional days are authorized. The funds necessary to carry out the provisions
of this resolution shall come from the funds appropriated to the House of
Representatives. In the event the committee makes a report of its findings and
recommendations, with suggestions for proposed legislation, if any, such report
shall be made on or before December 1, 2006. The committee shall stand
abolished on December 1, 2006.