GEORGIA HOUSE OF REPRESENTATIVES
PUBLIC INFORMATION OFFICE
ROOM 505, LOB 30334
404-656-5082     1-800-282-5800

March 25, 2004

Enter SB 439, which passed by a vote of 156-0. The legislation would make it illegal to record a motion picture without the consent of both the theater owner and motion picture studio. Furthermore, it would give theater owners and employees the ability to detain persons suspected of film piracy without incurring liability under false arrest or false imprisonment statutes. Persons caught violating the ban on film piracy would be guilty of a misdemeanor of a high and aggravated nature, which carry higher penalties and fines than simple misdemeanors. Also, second and subsequent offenses would be considered a felony in Georgia.

Also dealing with the state's criminal justice system, SB 337 would create a statute of limitations on habeas corpus requests for inmates who have been convicted of criminal activity. Habeas corpus is a request to appear before a judge for a determination on the legality of imprisoning an individual. It is intended as a venue by which persons held without charges or judicial recourse may appear before an impartial judge to present their case as to why they should be either released or granted a new trial. Such requests are often filed on behalf of prison inmates when new evidence comes to light, or procedural errors are discovered in the prisoner's trail. SB 337 would give misdemeanor offenders one year to submit such a request, while felons would be allowed four. However, exceptions are made for cases where new evidence comes to light, or cases where prosecutors withheld evidence from defense attorneys.

Hoping to prevent the type of legal gamesmanship that has begun to tie up Georgia's courts system, the legislation also includes a couple of stipulations on these types of requests. Attempting to prevent venue shopping, SB 337 mandates that habeas corpus requests be filed in the same court that convicted the defendant. Likewise, incidents were rising where a defendant and/or the defendant's lawyer were intentionally delaying a request in order to wait for a particular judge or district attorney to retire or die. SB 337 also prevents this behavior.

However, the proposal did raise concern among some members. They pointed out that the right of habeas corpus is fundamental in protecting the freedom of the citizens of this country. Furthermore, they noted that such hearings are only allowed when violations to the constitutional rights of a person have been found. Such protection, they suggested, should not be stepped on for the convenience of the court.

Supporters, however, noted that SB 337 is less strict than laws governing federal violations, and would only apply to prisoners who have been convicted of a crime. They also said that the majority of these cases are simply the legal wrangling of guilty men and women seeking to get off on a mere technicality, and suggested that the proposal grants ample time for defendants with legitimate complaints. SB 337 passed by a vote of 138-25.

Shifting gears, House members also looked favorably upon SB 489, which does three things. First, the legislation would allow the Department of Transportation's HERO units, which aid drivers with breakdowns or flat tires, to be designated by the Department of Public Safety as emergency vehicles. Currently, the DOT must apply yearly to the DPS for a permit to use flashing yellow lights on its HERO units. Allowing DPS to assign an emergency designation to the vehicles would allow the DOT to escape this yearly hassle. Second, SB 489 clears up language governing buses and the use of High Occupancy Vehicle (HOV) lanes. As the law is currently written, buses and motor coaches are allowed to use the HOV lanes on Georgia's freeways. However, Georgia code also states that all vehicles with more than six wheels must remain in the two right lanes on Georgia's roadways. This means that while it is legal for buses and motor coaches to use HOV lanes, it is illegal for them to shift over into them. SB 489 would clear this up to exempt buses and motor coaches from the language restricting trucks to the right lanes. Finally, the legislation enables the DOT to begin investigating and establishing the mechanism by which High Occupancy Toll (HOT) lanes can be established on Georgia's roadways. HOT lanes are HOV lanes that a single occupancy driver is allowed to use after paying a toll, or fee for access. HOT lane prices could be determined by the amount of congestion, time of day, or other factors. Supporters say HOT lanes are a good way to relieve congestion on the state's roadways, while simultaneously generating state revenue for other congestion busting transportation projects. SB 489 passed by a vote of 160-0. Because it was changed during its trip through the House, the bill must go back to the Senate to ensure Senators agree with the House changes.

The post 9/11 world has brought many changes to the way government agencies do business. Cooperation and coordination between agencies during a crisis can mean the difference between life and death. This makes it very important to ensure that emergency response, and crisis response agencies are on the same page and working together to maximize efficiency and effectiveness when tackling an emergency situation. SB 243 seeks to accomplish this goal by implementing a unified crisis management and response program to guide the actions of state agencies and personnel. The legislation mandates that all state agencies and authorities prepare an agency safety plan to address the threat of terrorism, and to respond to acts of terror or violence, natural disasters, hazardous material spills, or radiological accidents. Additionally, the proposal would require the Georgia Emergency Management Agency to establish and maintain a unified incident command system. This system would be developed and revised in conjunction with the various state and local public safety and emergency entities. SB 243 also provides that GEMA will serve as the training and technical assistance provider for all agencies and authorities in the state. This will ensure that all agencies are getting current and uniform information on procedures for dealing with local, state, or national crises which occur in Georgia or her border states. Finally, the plan would exempt reports such as vulnerability assessments, safety audits, and site surveys from the state's open records laws. Supporters explained that the exemption is necessary to prevent such information from being used by terrorists to plan and conduct attacks in Georgia.

Aside from the organizational and operational benefits to having a unified crisis response and management plan, supporters of SB 243 noted that unless the state passes a unified plan that is in line with the national plan, Georgia could lose tens of millions of dollars in federal aid for homeland security efforts. That sealed it, and members voted 163-0 in favor of passage.

The House also passed one of the Governor's education initiatives today. SB 456 seeks to unify all the various departments and agencies which regulate early childhood education and child care under one umbrella. The legislation converts the Office of School Readiness within the Department of Education into a new, independent department known as the Department of Early Care and Learning. This new agency would have its own budget, and would absorb the duties and regulatory functions of a number of entities. Among those entities are: the Office of School Readiness, Georgia's Pre-Kindergarten program, the Even Start program, and Georgia's Child Care Council.

Additionally, the new department would assume duties which are currently performed by other state departments. For instance, DECL would assume the Department of Human Resources' preschool and child development regulatory authority. Likewise, the DHR's regulation of the child care centers, day care centers, and day care homes would be handed over to the new agency. Finally, DECL would assume the duties of Georgia's Head Start collaborator.

The legislation also creates an oversight board to establish the rules and regulations to guide the new department in its mission. This board would be composed of thirteen members, one from each of the state's thirteen congressional districts, appointed by the Governor.

The bill's sponsors touted it as landmark legislation which creates one agency devoted to the care, education, and preparation of Georgia's young children. Such an agency, they said, is a positive step toward ensuring that all of Georgia's children, regardless of where they are born, receives the tools they need to compete and succeed when they arrive to the state's public schools. Members agreed, voting 167-0 to pass SB 456.

Finally, members voted 154-2 in favor of an important resolution designed to focus attention on a very serious problem in this country. HR 563 urges the Governor, and General Assembly, along with the Departments of Community Health, Human Resources, Education, and Juvenile Justice to make the identification of mental health disorders and the prevention of suicide among youth a public health priority. Illustrating the need for such action, the resolution notes the disturbing fact that while roughly 10 percent of U.S. children suffer from mental illness severe enough to cause some level of impairment, only around 2 percent actually receives the necessary mental health treatment. Worse, the Centers for Disease Control reports that the U.S. sees roughly the same number of child suicide deaths each year as the total number of child deaths caused by leukemia, birth defects, pneumonia, influenza, and AIDS combined.

Other Senate items which passed the House today include:

• •SB 401 (160-0)- would bring state regulations governing Georgia's Dairy Industry in line with the latest federal guidelines.
• •SB 426 (164-0)- seeks to facilitate state and national background checks for public safety trainees who have not yet been hired by a law enforcement agency.
• •SB 427 (167-0)- would change the makeup of the Georgia Criminal Justice Coordinating Council by removing the seat held by the chairman of the Georgia Organized Crime Prevention Council and awarding that membership position to the state Director of Homeland Security.
• •SB 449 (158-0)- seeks to deem all current Registered Public Accountants as CPAs and eliminate the RPA classification in Georgia. An amendment was added to require the state Cosmetology Board to administer the cosmetology qualification exam to inmates who have successfully completed the course to become certified cosmetologists.
• •SB 531 (165-0)- would allow the Department of Industry, Trade and Tourism to enter into public/private partnerships to maximize the effectiveness of the department's spending dollar. The legislation would also permit the department to enter into bond agreements and purchase property which could be used to facilitate economic development.
• •SB 535 (166-0)- seeks to extend the sunset provision on the State Commission on Family Violence to 2010.
• •SB 555 (165-3)- cleans up language in Georgia corporate code. The bill also allows for electronic transmission of certain stockholder reports and corporate filings.
• •SR 651 (161-0)- would allow the state to grant easements on specific state owned properties for the purpose of city or county use.•SR 652 (159-0)- would allow the state to grant easements on other specific state owned properties for the purpose of city or county use.
• •SR 781 (134-0)- designates the stretch of Interstate Highway 85 from the Coweta County line to the Sharpsburg/McCollum exit as the Alan Jackson Highway.
• •SR 797 (134-0)- designates a stretch of State Rout 70 between Macedonia Road and the Coweta County line as the George W. Potts Highway.
• •SR 829 (134-0)- designates a stretch of road between Highway 16 and the Coweta County line as the Billy Jiles Memorial Highway.

Lawmakers will be in recess through Tuesday, but will return on Wednesday, March 31, 2004 at 10:00 a.m. for the 38^th legislative day.