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SB 9 - Claims Advisory Bd. - exclude cert. small claims from pmt.

Dean, Nathan (31st)	Hill, Jack (4th)	Johnson, Diane H (2nd)
Marable, Richard O (52nd)

Status Summary	SC:	Corr	HC:	App	FR:	01/13/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state department or agency affected.

SB 9   99                                          LC 10 2645 
 
      SENATE BILL 9 
 
      By:  Senators Dean of the 31st, Hill of the 4th, 
           Johnson of the 2nd and Marable of the 52nd 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 4 of Chapter 5 of Title 28 of the Official 
  1- 2  Code of Georgia Annotated, relating to the Claims Advisory 
  1- 3  Board, so as to exclude certain small claims from payment by 
  1- 4  the Claims Advisory Board and the state department or agency 
  1- 5  affected; to provide that with respect to certain payments 
  1- 6  to persons who have sustained injuries or property damage 
  1- 7  while preventing crime or aiding officers of the law, the 
  1- 8  Claims Advisory Board shall not recommend that compensation 
  1- 9  be awarded to any person who is or was at the time of the 
  1-10  alleged loss an inmate in the custody of the Department of 
  1-11  Corrections; to repeal conflicting laws; and for other 
  1-12  purposes. 
 
  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-14                           SECTION 1. 
 
  1-15  Article 4 of Chapter 5 of Title 28 of the Official Code of 
  1-16  Georgia Annotated, relating to the Claims Advisory Board, is 
  1-17  amended by striking in its entirety subsection (a) of Code 
  1-18  Section 28-5-85, relating to payment of small claims by the 
  1-19  Claims Advisory Board and the state department or agency 
  1-20  affected, and inserting in lieu thereof a new subsection (a) 
  1-21  to read as follows: 
 
  1-22    "(a) Effective November 1, 1982, when the total amount of 
  1-23    a claim against the state is $500.00 or less, and the 
  1-24    claim is not of a type excluded from a recommendation for 
  1-25    compensation by subsection (a) of Code Section 28-5-104, 
  1-26    the Claims Advisory Board shall be authorized to direct 
  1-27    the state department or agency affected by the claim to 
  1-28    pay the claimant such amount, not exceeding $500.00, as 
  1-29    may be authorized by the Claims Advisory Board pursuant to 
  1-30    the authority of this Code section." 
 
  1-31                           SECTION 2. 
 
  1-32  Said article is further amended by striking in its entirety 
  1-33  subsection (a) of Code Section 28-5-104, relating to when 
  1-34  award of compensation is not to be recommended generally 
 
 
                                 -1- 
 
 
 
  2- 1  with respect to persons who have sustained injuries or 
  2- 2  property damage while preventing crime or aiding officers of 
  2- 3  the law, and inserting in lieu thereof a new subsection (a) 
  2- 4  to read as follows: 
 
  2- 5    "(a) In no event shall the board recommend that 
  2- 6    compensation be awarded to: 
 
  2- 7      (1) Any victim of a criminal act not provided for in 
  2- 8      Code Section 28-5-100; 
 
  2- 9      (2) Anyone who: 
 
  2-10        (A) Is a spouse, parent, grandparent, child (natural 
  2-11        or adopted), grandchild, brother, sister, half 
  2-12        brother, half sister, or parent of the spouse of the 
  2-13        offender; 
 
  2-14        (B) Was, at the time of the personal injury or death 
  2-15        of the victim, living with the offender as a member of 
  2-16        his or her family or household or maintaining a sexual 
  2-17        relationship, whether illicit or not, with such person 
  2-18        or with any member of the family of such person; 
 
  2-19        (C) Violated a penal law of this state which violation 
  2-20        caused or contributed to his or her injuries or death; 
  2-21        or 
 
  2-22        (D) Was injured as a result of the operation of a 
  2-23        motor vehicle, boat, or airplane, unless the same was 
  2-24        used as a weapon in a deliberate attempt to run the 
  2-25        victim down; or 
 
  2-26      (3) Any officer of the law injured in the performance of 
  2-27      his or her official duties; or 
 
  2-28      (4) Any person who is or was at the time of the alleged 
  2-29      loss an inmate in the custody of the Department of 
  2-30      Corrections." 
 
  2-31                           SECTION 3. 
 
  2-32  All laws and parts of laws in conflict with this Act are 
  2-33  repealed. 
 
 
 
 
 
 
 
 
 
 
                                 -2-