GEORGIA HOUSE OF REPRESENTATIVES
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Daily Report Number 31
March 12, 2004

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Over the last couple of years, the issue of racial profiling has slowly risen in the national conscience. President George W. Bush, and U.S. Attorney General John Ashcroft have come out against the use of racial profiling in law enforcement. Today, the Georgia House of Representative passed legislation which seeks to ban racial profiling in this state.

HB 1327 tackles the problem of racial profiling on a number of fronts. First, the legislation specifically forbids any law enforcement personnel from using a person’s race or ethnicity as the sole purpose for establishing probable cause or a reasonable suspicion required to stop a vehicle. However, this would not apply when officers are stopping a person to confirm a previously obtained description of a criminal suspect. Secondly, it requires state and local law enforcement agencies to hold annual training that instructs law enforcement personnel on the state law, and local station policy against racial profiling. Thirdly, to ensure proper conformity to the new law, and to identify areas where additional training may be required, HB 1327 requires law enforcement personnel to maintain a record of each of their vehicle stops. This record would require that the officer enter the person’s gender, race, suspected violation, whether the vehicle, driver, or passengers were searched, the results of any such search, whether an arrest, citation, or oral or written warning was issued, whether the officer encountered any physical resistance, and the location of the stop. All this data would be maintained by the law enforcement agency for at least seven years. Finally, Cases where a stop is made, but no citation or warning is given would require the officer to provide the motorist with a card showing the officer’s name, badge number, and law enforcement agency. All complaints filed against officers for racial profiling would be considered during their periodic evaluations to determine if additional training is needed.

There were some lawmakers who opposed the legislation. A number of members wondered, in this new age where terrorism is a very real threat, if such a bill might not handicap law enforcement personnel. Others worried that the cost of the new training and record keeping requirements might be too expensive on state, and especially local law enforcement agencies at a time when these agencies are already being asked to do more with less money.

Supporters, however, noted that similar training and reporting requirements are already mandated by the state, and suggested these additional questions would make little difference in either time or money. Furthermore, they contended that racial profiling breeds distrust between the community and law enforcement agencies, thus undermining the ability of law enforcement personnel to effectively police and protect its public. Finally, they submitted that passing HB 1327 was simply the right thing to do. Most members agreed, passing HB 1327 by a vote of 116-34. It now goes to the Senate for consideration.

With issues like gay marriage sucking up all the media headlines, it’s easy to forget that just a year ago one of the hottest issues facing Georgia was the conservation and regulation of the state’s water supply. While issues such as banning gay marriage may have personal and moral significance, one need only remember the dry days of the recent drought to realize that water management is the issue which will make or break Georgia’s future. Although the rain has finally returned, Georgia is a state that is growing by leaps and bounds. As the state’s rapid growth continues, so does its massive thirst. Many experts agree that the factor most likely to stunt Georgia’s economic and residential growth is its limited water supply. Likewise, the distribution of the state’s water supply is expected to be a major factor not only on future growth, but where that growth will occur.

This reality led House members to draft HB 1615, which seeks to establish some guidelines on the transfer of water from one area of the state to another. Currently, Georgia has no law to regulate intrabasin transfers, which is the pumping of water from one location to another within the same river or river basin. Additionally, the only state guidelines governing interbasin transfers– transfers from one river or groundwater source to another river basin– is a restriction placed on the metro Atlanta area which forbids it from raiding water basins which are outside its geographical boundaries. This means that counties and cities outside the 16 county Atlanta Metro Water Planning District could take water from rivers and aquifers in other regions of the state without violating Georgia law. Also, water from the Chattahoochie River could be transferred from downstream of Atlanta, back into the metro area for use, thus reducing flows in the river’s lower half.

HB 1615 attempts to remedy this by establishing some limitations on the transfer of water outside the Metro Atlanta Water Planning District. First, the legislation would only allow for interbasin transfers between two bordering counties. Once a county has received water from its neighbor, it would then be forbidden from pumping that water to any other area of the state. With respect to intrabasin transfers, entities could be permitted to pump water across four counties, but again the receiving county could not transfer water outside its borders. Next, the proposal gives the Georgia Environmental Protections Division (EPD), which has the authority to issue interbasin and intrabasin transfer permits, a list of twenty-two factors which must be considered when processing an application for a water transfer. These factors are designed to protect the supply, quality, and environmental integrity of the basin of origin, as well as the receiving basin. EPD personnel must also consider the public and economic benefit of the transfer as well as the effectiveness of the receiving basin’s water conservation policies. Finally, the proposed plan includes language which requires that at least thirty days prior to the issuance of any interbasin water transfer permit, the EPD must issue a press release to all newspapers in the affected areas.

Two amendments were offered, both of which passed. First, House lawmakers decided to allow the provisions of HB 1615 to expire in deference to a future comprehensive state-wide water management plan. Secondly, to preserve water levels in the Etowah River basin, House lawmakers passed an amendment which would forbid any new interbasin transfers within the metro Atlanta area from the Etowah River north of Lake Allatoona.
When all was said and done, HB 1615 was passed, as amended, by a vote of 108-61, and sent to the Senate.

Other items receiving passage on the House floor today include:

• HB 656 (140-0)– seeks to prevent credit card fraud by requiring credit agencies to notify consumers if an unsolicited credit card application has been received for the person that does not match that person’s listed address.
  
• HB 984 (162-0)– would allow the Department of Community Affairs to adjust the way economic development grants and incentives are given to counties which are contiguous to military bases, and have a poverty level of 15 percent or greater.
  
• HB 1123 (92-36)– seeks to require that each local school system publish in the legal organ of the county a summary of the financial compensation and benefits of any initial, renegotiated, or renewed contract granted to the system’s appointed county school superintendent.
  
• HB 1245 (161-0)– simply makes grammatical and spelling corrections in Georgia General Code.
  
• HB 1246 (164-0)– simply makes grammatical and spelling corrections in Georgia Retirement and Pension Code.
  
• HB 1247 (167-0)– simply makes grammatical and spelling corrections in Georgia Elections Code.
  
• HB 1297 (161-0)– would add lung injury or disease, and the contraction of hepatitis to the list of ailments which would qualify a disabled firefighter to receive membership in the Georgia Firefighter’s Indemnification Fund.
  
• HB 1304 (126-3)– seeks to change state law to bring local governments under existing statutes which requires the payment of all uncontested debts within 90 days, unless another payment option is agreed upon.
  
• HB 1335 (154-2)– would require the state Sentencing Review Panel to notify the victim if the panel will be hearing an appeal of a convicted criminal’s sentence. Also, should the panel decide to reduce a criminal’s sentence, the plan would require that it issue a memorandum to concerned parties outlining the basis on which it issued a judgement to reduce the sentence.
  
• HB 1372 (143-20)– would allow for, if approved by the local governing authority, an increase of the local stipend to a local probate judge who also serves as the county’s elections officer.
  
• HB 1410 (148-0)– seeks to provide a state income tax credit to organ donors for lost wages, and expenses incurred. The legislation would cap the tax credit at $10,000.
  
• HB 1444 (149-0)– would make it unlawful for any contractor to coerce, threaten, or force any person in their employment to falsely declare him or herself as an independent contractor.
  
• HB 1512 (165-3)– seeks to permit the state Board of Chiropractic Examiners to expunge certain offenses from a practicing chiropractor’s record if the offenses do not pertain to morality, professionalism, sub-par performance, or malpractice.
  
• HB 1528 (151-5)– would exempt all building materials to be used in the construction of Georgia’s new World of Coca Cola Museum from state sales tax.
  
• HB 1559 (114-49)– seeks to exempt county-elected sheriffs, probate court judges, superior court clerks, and tax commissioners, from intergovernmental negotiations seeking to avoid the duplication of services within the county by coordinating the delivery of certain services.
  
• HB 1698 (161-7)– would allow teachers to satisfy certain continuing training requirements by taking the necessary classes online.
  
• HR 1373 (152-0)– seeks to designate the part of State Route 38 running from North Broad Street to US 84 in Cairo, Georgia as the Julien B. Roddenbery, Sr. Memorial Drive.

Lawmakers will be in recess over the weekend, but will return on Monday, March 15, 2004 at 10:00 a.m. for the thirty-second legislative day.

Georgia House of Representatives
Public Information Office