Two New Laws Signed by Governor Deal
Radio Commentary, 90.7, 91.7 New Life FM, May 20, 2016 – By Sue Ella Deadwyler
On April 26th S.B. 331 became Act 361, when Governor Deal signed it into law. As you know, the governor had 40 days from the end of the session to sign or veto bills that passed this year. But failure to sign a bill does not mean it won’t become law. All bills that pass become law with or without the governor’s signature … except the ones he vetoes.
S.B. 331 went back and forth between the House and Senate for six weeks before it finally passed March 24th, and went to the governor’s desk seven days later. Effective April 26th, four Georgia laws now authorize termination of parental rights of the father of a child conceived by non-consensual sexual contact or when the mother was less than ten years of age.
That amendment changed the Juvenile Code, the domestic relations Code, certain adoption laws, and the superior court petitioning process for termination of parental rights.
The amendment could affect the child’s name, legitimation and inheritance, but it would not affect the child’s right to inherit from the father whose parental rights were terminated. However, that father could not inherit from or through that child.S.B. 331 does not allow termination of parental right to be taken lightly. A court must have clear and convincing evidence that conception was the result of nonconsensual sexual contact with the mother or when the mother was less than ten years old. If criminal charges are involved, the court cannot rule on the legitimation action until the criminal case is finalized.
A woman victimized by unwanted sexual contact could use this law to protect herself and her baby from custody or visitation claims brought by the man who forcibly fathered the child.
Governor Deal waited until the last day, but he signed H.B. 768 and the ABLE Act became law on May 3rd. ABLE, which is short for “Achieving a Better Life Experience,” allows disabled individuals access to tax advantaged savings accounts for their care and treatment.
H.B. 768, which is based on the federal ABLE Act of 2014, aims to ease financial burdens of people with disabilities. It is a tax-free savings account to cover expenses, including medical care, education, community-based supports, job training, assistive technology, housing and transportation. Georgia is the 44th state to pass ABLE legislation. For Georgia Insight, I’m Sue Ella Deadwyler, your Capitol correspondent.