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Georgia General Assembly Nears Crossover Day |
The Georgia State Legislature has passed the halfway mark! The House of Representatives has passed some 80 bills to date, including the 2011 Supplemental Budget (the mid-year budget).
In just a few short days, we near another important juncture, Crossover Day marking the 30th day of our legislative session. Crossover Day is important because a bill must have cleared either the House or the Senate in order for there to be sufficient time left during the session for the bill to be approved by the other chamber. It is important to note that issues can still advance after Crossover Day by being added in amendment form to bills that have already passed either the House or Senate. Crossover Day is set for Thursday, March 16.
Bills of Interest
HB 24 The Evidence Modernization Act This legislation brings Georgia's evidence rules in line with the Federal Rules of Evidence. This creates more efficiency in the practice of law as all students are taught the Federal Rules of Evidence and attorneys coming for a special appearance would have a uniform set of rules to work from. Such a move would allow for the rulings of the Federal 11th circuit to be given some legal effect in Georgia. This bill has passed the House and is in Senate Judiciary.
HB 30 Restrictive Covenants of Trade This legislation follows last year's HR 178, which allows for the enforcement of non-competition agreements. HB 30 provides guidance to courts seeking to enforce non-compete agreements between business partners, executives of corporations, and franchisors. This bill has passed the House and is in Senate Judiciary.
HB 39 Parent Notification for Unexcused Absences This bill will allow for school systems to provide notice of a child's unexcused absences via first-class mail. Currently, school systems can only let parents know of their child exceeding five unexcused absences only via certified mail. This bill has passed the House and awaiting a hearing in Senate Education and Youth.
HB 40 Chief's Law This legislation mandates the addition of a chemical that will create a bitter taste in antifreeze without limiting the performance of the antifreeze in your car. This legislation was designed with the express purpose to limit the deaths of pets from the ingestion of antifreeze, which currently has a sweet taste to it. The bill has passed the House and is now in Senate Special Judiciary.
HB 67 The Get off your Phone and Drive Act This bill would make it a misdemeanor for driver to use anything except a hands-free telephone, citizen's band (CB) or HAM radio while operating a motor vehicle on state roads and highways. This bill is currently awaiting a hearing in the House Public Safety and Homeland Security committee. The measure is awaiting a hearing in House Public Safety and Homeland Security committee.
HB 94 Prohibition of Racial Profiling on Roadways This bill would mandate that law enforcement agencies eschew from using race as a factor to develop reasonable suspicion or probable cause that criminal activity is afoot on the roadways. However, race may be used while searching for a suspect. The bill also directs law enforcement agencies to develop policies and practices to limit racial profiling in traffic stops in addition to recording the race, gender and reason for the stop. The bill is currently awaiting a hearing in the House Judiciary Committee. The bill is awaiting a hearing in House Judiciary.
HB 72 English Only Written Exam This bill would have limited the written portion of the drivers license exam to only the English language. Currently, the state of Georgia offers the written portion of the exam in 14 languages. We opposed it because a similar bill in Alabama has been found create constitutional difficulties as it creates a disparate impact. The bill was "tabled" during a hearing on the House floor, effectively defeating the legislation.
HB 87 Illegal Immigration Reform and Enforcement Act of 2011 This bill grants the authority to local police to enforce federal immigration laws and creates the ability for private citizens to sue local government for not enforcing those laws. Among the policing powers is the ability to request proof of citizenship when a person is stopped for any criminal offense, including failure to yield, failure to stop at a stop sign or any traffic offense. The concern is that it allows racial profiling. Beyond the moral implications, a similar provision has been found to have severe financial consequences for Arizona, as international tourists and several conventions have decided to boycott the state. It also compels employers to sign on to the federal E-verify program and conditions the renewal of business licenses on businesses certifying that they are enrolled in the program. The measure passed the House and is now in Senate Judiciary.
HB 92 Changes to Requirements for Early Voting Passes House
This measure would shorten the early voting period from 45 days to 21 days, making the time period for voting consistent for all elections in Georgia. This legislation also requires one mandatory Saturday for voting. The House passed this legislation with strong support, marked by a vote of 148-20. This bill now moves on to the Senate.
HB 98 Macon-Bibb Unified Government- Provides for the creation of a unified City of Macon-Bibb County Government. The legislation creates a joint county/city government that encompasses the boundaries of the current Bibb County and would allow for Payne city to exempt itself from this charter. The Unified government will be governed by a nine-person board of commissioners and a Mayor. The commissioners are elected for a four-year term and the Mayor is elected for no more than two four-year terms. The Unified Government will have the power to levy taxes, allocate services, issue and redeem bonds, pass ordinances and enact zoning plans. If passed by the senate and signed by the governor the first election of the unified government will be November 2, 2012.
HB 100 Tax Court Act of 2011 This bill would provide for the creation of a pilot program for a Tax Court so taxpayers will be able to have their cases heard. This court will have concurrent jurisdiction with State Superior Courts and is being created to increase judicial efficiency and allow for taxpayers to appeal rulings of the State department of revenue. This bill is currently awaiting a hearing in the House Judiciary committee.
HB 179 Outdoor Advertising Regulation This bill creates additional regulations for the construction, maintenance and dismantling of outdoor advertising signs, otherwise known as billboards. This legislation would permit the owner of a billboard to cut any trees or shrubbery within the line of sight from the roadway to the sign. It also directs the Department of Transportation to inventory signs that have expired permits and effectuate their removal. This legislation is awaiting the agreement by the House of changes made by the Senate.
HB 237 Residential Mortgage Fraud Enforcement This bill gives additional powers for district attorneys to investigate and prosecute fraud that occurs in the processing of home mortgage loans. This legislation was founded on the observation that there was much fraud in the home mortgage industry during the recent financial crisis and that District Attorneys and the Attorney General lacked the power to demand the records of lenders and fully investigate such frauds on home buyers. The bill has passed the House and is now in the Senate Judiciary committee.
HB 238 Public Defender's Council Overhaul This legislation gives additional authority to the director of the Public Defender's Council and de-politicizes the public defender's system. The director will be given more authority to develop and implement policies relating to the public defender service. The system is streamlined to allow local governments input into whom will serve as the public defender within their judicial circuits. It also shrinks the local Public Defender advisory councils from seven members to three. The bill has passed the House and is now in the Senate Judiciary committee.
HB 256 and HB 280 E-911 Funding Bills
These bills legislation would provide funding for E-911. HB 256 seeks to improve the collection of prepaid cell phone fees using a point of sale collection mechanism similar to sales tax. HB 280, which was introduced this week, expands the use of E-911 funds to include the mobile communications vehicles and equipment, indirect costs for 911 system center operations and other functions. HB 256 and HB 280 are waiting for calendar placement in Rules.
HB 409 Presidential Electability Assurance Act This bill provides for the verification of citizenship of any candidate of for the office of President of the United States of America to present proof of citizenship. The format for verification will be the "long form" birth certificate. The vast majority of transactions involving birth certificates involve the "short form" of birth certificates including election for the Governor and for members of the General Assembly. This bill is currently in the House Government Affairs committee awaiting a hearing.
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