Georgia Senate - 1995/1996 Sessions

SB 69 - Health - injunction cases filed by DHR, bds. of health

Page Numbers - 1/ 2

1. Thomas  10th           2. Oliver  42nd            3. Hill  4th
4. Marable  52nd


Senate Comm: Judy       /         House Comm: SJudy      /                                          
Senate Vote: Yeas 54    Nays 1                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/12/95   Read 1st time          1/30/95                                               
             1/25/95   Favorably Reported     3/7/95                                                
                       Committee Amend/Sub    Sub                                                   
             1/26/95   Read 2nd Time          1/31/95                                               
                       Committed              3/17/95                                               
             1/27/95   Read 3rd Time          3/13/95                                               
             1/27/95   Passed/Adopted         3/13/95                                               
                       Comm/Floor Amend/Sub   CS/FA                                                 
                       Notice to Reconsider   3/13/95                                               
                       Reconsidered           3/14/95                                               
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 31-5-9                                                                       


SB 69                                            SB 69/HCSFA

      HOUSE SUBSTITUTE TO SENATE BILL 69




                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 31-5-9 of the Official Code of Georgia
  1- 2  Annotated, relating to injunctions for enjoining violations
  1- 3  of the provisions of this title, so as to exempt certain
  1- 4  injunction cases filed by the Department of Human Resources
  1- 5  and county boards of health from the automatic supersedeas
  1- 6  provisions of Code Section 5-6-13, relating to the granting
  1- 7  of supersedeas in cases of contempt; to provide for
  1- 8  enforcement by contempt action; to provide for related
  1- 9  matters; to repeal conflicting laws; and for other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Code Section 31-5-9 of the Official Code of Georgia
  1-12  Annotated, relating to injunctions for enjoining violations
  1-13  of the provisions of this title, is amended by redesignating
  1-14  current subsection (b) as subsection (d) and by inserting
  1-15  new subsections (b) and (c) to read as follows:

  1-16    "(b) Notwithstanding the provisions of Code Section
  1-17    5-6-13, appeal or a notice of intent to appeal conviction
  1-18    or adjudication of contempt of court of a personal care
  1-19    home or facility not duly licensed or registered as
  1-20    required by this title, subject to an interlocutory or
  1-21    final judgment in a court action for an injunction
  1-22    instituted under authority of this Code section, shall not
  1-23    operate as a supersedeas unless it is so ordered by the
  1-24    court; provided, however, that the court may grant a
  1-25    supersedeas in such a case only after making a finding
  1-26    that the health, safety, or welfare of the recipients of
  1-27    the services will not be harmed by the issuance of the
  1-28    stay.

  1-29    (c) Unless otherwise ordered by the court pursuant to
  1-30    subsection (b) of this Code section, an interlocutory or
  1-31    final judgment in an action granting an injunction under
  1-32    this Code section may be enforced by attachment for
  1-33    contempt."


                           S. B. No. 69 (SUB)
                                 -1- (Index)

                                                 SB 69/HCSFA

                         SECTION 2.

  2- 1  All laws and parts of laws in conflict with this Act are
  2- 2  repealed.

                         SECTION 3.

  2- 3  This Act shall become effective on July 1, 1995.









































                           S. B. No. 69 (SUB)
                                 -2- (Index)