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Daily Report Number 24
February 24, 2004

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Today’s session was the busiest yet with lawmakers taking action on fourteen legislative items. The first business to come before lawmakers was SB 157 which passed the House two weeks ago.

During its trip through the House, SB 157 underwent significant changes. Senate lawmakers agreed to many of those changes, but altered the legislation in a few key areas. First, the Senate reinstated an exemption for lenders offering industrial loans. Currently, industrial lenders are the only financial institutions operating in Georgia who are exempt from class action lawsuits. The House version of SB 157 had removed that exemption, and a number of lawmakers disagreed with the Senate change. Also of concern to many House members was the Senate’s removal of House language to prevent lending institutions from harassing members of the military and their families while the soldier is assigned to combat or combat support duty. These concerns proved to be enough to cause the House to disagree with the Senate changes by a vote of 92-78. The bill is likely headed for a conference committee where House and Senate members will resolve the differences in the two versions.

The safety and well being of Georgia’s children are always first and foremost among House lawmaker priorities, and members passed two items reflecting this fact.

HB 1358 seeks to prevent children’s records from falling into the wrong hands. Specifically, the legislation would exempt certain records of public recreational or athletic programs, such as county Recreation Department records, from Georgia’s sunshine laws, which mandate the release of governmental records upon request of members of the general public. Because most House lawmakers see open government as a positive thing, HB 1358 was written narrowly to apply only to records that include identifying information such as name, address, telephone number, or emergency contact information on children age twelve and under. The legislation’s author noted that such information could be used by despicable characters seeking to prey upon young children, and the bill passed unanimously by a vote of 135-0.

HB 1229 is the second item designed to protect Georgia’s younger generations. It is the latest version of a previously passed House measure designed to turn up the heat on anyone who would psychologically abuse their child by engaging in domestic violence in his or her presence. HB 1062 passed the House by a vote of 153-12 during the 2002 session, but was saddled with a bevy of Senate amendments which spelled its doom. Like HB 1062, HB 1229 includes language forbidding 2nd degree child cruelty from being merged into any other criminal offense against children. Previous code had allowed the charge to be absorbed into other greater charges such as battery. HB 1229, however, stipulates that all such instances must be considered as a separate offense carrying its own penalties.

There were those who expressed a legal concern over whether the new wording would infringe upon a person’s constitutional right against double jeopardy. The bill’s authors, however, countered that the psychological scars of abuse and domestic violence often hurt the children most, and said HB 1229 is needed out of an abundance of caution for the future mental well being of thousands of Georgia children. The legislation passed by a vote of 157-7.

Also on today’s calendar were a couple of pieces of legislation designed to get a handle on the blossoming DUI breathalyzer interlock business. A few years ago, the General Assembly passed a series of bills designed to get tough on drunken drivers. One such bill required subsequent DUI offenders to purchase and maintain an interlock device in their automobile that would prevent the car from starting if the presence of alcohol is detected on the driver’s breath. However, the original law contained a few loopholes which left gaps in enforcement and regulation of these interlock devices and their suppliers. HB 1158, and HB 1162 seek to plug those loopholes.

HB 1158 sets forth some guidelines for enforcement of interlock inspection requirements. Under the plan persons issued a limited driving permit requiring a breathalyzer interlock device would have to report monthly to the interlock provider for inspection. The inspections purpose is to ensure the interlock device is operating properly, and has not been altered. Drivers missing an inspection would have their driving permit revoked. Persons feeling their permit was unfairly revoked would have 30 days to submit a written hearing request in order to present evidence to substantiate their claim. The applicant would have to include $250 with their request to pay for the cost of the hearing. The hearing would be conducted by the Department of Motor Vehicle Safety (DMVS). Persons who were medically unable, or could not get time off from work to have their interlocks inspected could be allowed to keep their driving permit, but proof would have to be provided by the person’s employer or doctor. Also, instances where the car is mechanically unable to drive to the inspection site could be considered a viable excuse with documented proof. Finally, HB 1158 stipulates that any person who does not comply with interlock inspection requirements and subsequently loses his or her limited driving permit would not be eligible to regain it for at least six months.

Hoping to increase the effectiveness of Georgia’s DUI legislation, lawmakers voted 168-0 to pass HB 1158 and send it to the Senate for consideration.

HB 1162, the second item dealing with DUI interlock devices, seeks to regulate the companies and individuals who actually provide the interlocks and inspection services. The measure creates a state licensing requirement for anyone wishing to install, or monitor interlock devices in Georgia. The license would be issued by DMVS, and applicants would have to submit to a criminal background check. Felons, and those convicted of crimes involving theft, fraud, violence, or moral turpitude would be excluded from obtaining a license to provide interlocks. Furthermore, persons or businesses known to have engaged in fraudulent, misleading, or otherwise dishonest business practices would also be barred. Potential interlock providers would also have to obtain liability insurance in the sum of $50,000, and carry a surety bond in the amount of $10,000. Finally, the department would be given the authority to establish guidelines for regulating the DUI interlock industry, as well as to hold hearings and levy fines against violators.

Supporters of HB 1162 relayed a situation where a person who had been a habitual DUI offender had attempted to become an interlock provider. Hoping to maintain the reliability, integrity, and effectiveness of the interlock requirement, House members voted 162-3 in favor of passage.

Finally, House lawmakers voted 114-49 to preserve a citizen’s right to free speech by passing HB 1069. During the 1993 session Georgia passed a law preventing governments and private organizations from filing frivolous lawsuits designed to intimidate citizens and curb protesting. This type of law is known as anti-SLAPP (Strategic Litigation Against People Protesting) legislation. Recently, some courts have begun to rule that non-communicative action such as protest marches and sit-ins are not covered under anti-SLAPP legislation. HB 1069 would clarify state code to include both communicative and non-communicative acts within the protection of Georgia’s anti-SLAPP laws.

Other items receiving passage by the House today include:

  • HB 1026 (167-0)– would allow any Speaker of the Georgia House of Representatives, or Lieutenant Governor of Georgia to maintain a personal library of their memorabilia, legislative papers, orders, and other official documents. However these items must be accessible to the public, and stored and preserved in accordance with the state Department of Archives’ established guidelines.
  • HB 1268 (155-7)– seeks to forbid traffic enforcement devices from photographing any occupants of a motorized vehicle.
  • HB 1282 (144-3)– would strengthen state law dealing with those who make, store, and/or distribute counterfeit cigarettes, cigars, or other tobacco products in Georgia.
  • HB 1390 (171-0)– would give the Commissioner of the Department of Veterans Services the authority to appoint the executive directors of the state’s two nursing homes serving war veterans.
  • HB 1437 (163-1)– this is an omnibus tax code revision requested by the Department of Revenue. It updates state tax law to close loopholes and address operational issues, as well as certain payment and litigation issues.
  • HR 940 (162-1)– seeks to rename a stretch of Georgia Highway 83, within the city limits of Good Hope, Georgia, after former Good Hope Mayor George Merron Peters.
  • HR 1308 (165-2)– would allow the Atlanta Regional Commission to include the counties which were added to the Atlanta Metropolitan Area after the 2000 Census into the Metro Planning Organization.
  • HR 1345 (164-0)– Due to the technical nature of legislative reapportionment and Georgia’s inclusion in the federal Voting Rights Act, this resolution amends House rules to require any amendment dealing with legislative reapportionment to first be approved by the House Legislative Counsel’s office and the Legislative Reapportionment Office.

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