Lawmakers Returns in January 2009

The Georgia General Assembly adjourned Sine Die on Friday, April 4, 2008.
Here are the updates on the outcome of some of the issues, bills and resolutions we followed:

TAX REFORM: HR 1246/HB 1244
These two pieces of legislation became the primary vehicles for tax reform in the 2008 session. Most recently, the House stripped Senate provisions out of HR 1246 and replaced it with an elimination of the ad valorem tax on personal vehicles. The House also changed Senate provisions in HB 1244, moving a proposed 10% reduction in state income taxes back by three years to begin in 2011 instead of 2008. The measures were discussed by a Conference Committee, but there was no compromise reached.

SCHOOL VOUCHERS: SB 458
Withdrawn and recommitted, we expected SB 458 to make it to the House Floor at some point before midnight, but it never did. The bill was Senate President Pro Tem Eric Johnson’s school voucher bill. The legislation was designed to give vouchers for students in low-performing public schools. If a school loses accreditation or remains on the “needs improvement” list for seven years, the school system would be required to provide parents with the option of a voucher for use at a private school. The Clayton County school system has been used as an example in the debate this session because the system is in danger of losing it’s accreditation on September 1. Johnson held a press conference to clear up misunderstandings about Fayette County schools being forced to absorb Clayton students. The bill never received a vote on the House floor.

CREDIT FREEZE: HB 130
Lawmakers reached a compromise on legislation allowing consumers to freeze their credit reports. The bill aims to prevent identity theft by allowing consumers to block credit reporting agencies from giving out their information. The House and Senate came to an agreement on the main sticking point: how much the credit reporting agencies should be able to charge for this service. The decision: $3 for the freeze and $3 for the thaw. If signed by the Governor, HB 130 would become effective August 1, 2008.

GUN RIGHTS: HB 89
As originally drafted, this legislation would allow licensed gun owners to carry weapons in their vehicles, even to workplace parking lots with the permission of the company. It was amended to include provisions that would allow licensed gun owners to carry guns into restaurants, State Parks and onto mass transit. The Conference Committee report on this bill was adopted in both chambers.

SUNDAY SALES: SB 137, SB 385, SB 454 and HB 1243
Senate Bill 137 was introduced by Senator Seth Harp last year to repeal the prohibition against Sunday sales of alcohol statewide. The bill has languished in the Senate committee ever since, but the provisions of the legislation was rumored to be attached to three different pieces of legislation this year. SB 385 is Senator Don Balfour’s legislation to allow limousine carriers to sell alcohol in their vehicles. That measure passed the House and Senate without a general Sunday Sales amendment. HB 1243 is Representative Edward Lindsey’s legislation that would allow alcohol sales for non-profit entities. That measure was approved by both the House and Senate without a Sunday sales amendment. SB 454 would expand the sales of alcohol on Sundays for public stadiums located in counties that already allow Sunday sale of alcohol. That measure was also passed by both chambers without a Sunday Sales amendment. Bottom line: Georgia’s prohibition against package sales of alcohol on Sundays remains in tact.

VEHICLE SEIZURE: HB 978
House Bill 978 would allow law enforcement to seize the vehicles of illegal immigrants who are involved in an accident or pulled over for a traffic violation. Representative James Mills says he sponsored House Bill 978 after several of his constituents complained about being hit by illegal immigrants. Senate changes to the bill give it a wider scope, allowing law enforcement to seize the vehicle of any unlicensed driver, with few exceptions. House agreement to the Senate changes represented final passage of this legislation. If signed by the Governor, this legislation will take effect July 1, 2008.

CHARTER SCHOOLS: HB 881
Representative Jan Jones’ legislation to establish the Georgia Charter Schools Commission. This would offer an alternate route for groups and companies seeking to establish charter schools. In addition to applying to local school boards or the state board of education, this bill would allow petitions to be submitted to a seven member charter commission. This legislation passed.

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SHAPE Act fails to pass House

The Student Health and Physical Education or SHAPE Act has failed to pass the House. The vote was 61 to 103. The legislation, sponsored by Senator Joseph Carter, would have required public schools in Georgia to report the aggregate body mass index (BMI) of their students on the Department of Education website. The act was designed to bring awareness to the problem of childhood obesity but was met with considerable opposition because of concerns over the impact of the weight and measurement on student self-esteem. The aggregate BMI publication requirement was stripped out of the bill in House Committee but the legislation retained provisions requiring a physical fitness test and calculation of BMI. The BMI information would only be available to a parent or legal guardian on request.

Again, that measure failed to pass the House and would appear to be dead for the session.

Credit freeze bill passes both chambers

House Bill 130 is legislation allowing consumers to freeze their credit reports. The bill aims to prevent identity theft by allowing consumers to block credit reporting agencies from giving out their information. The House and Senate came to an agreement on the main sticking point: how much the credit reporting agencies should be able to charge for this service. The compromise: a $3 charge when the freeze is instituted and $3 each time a consumer chooses to "thaw" the report to obtain credit information. The credit information about be available electronically within 15 minutes of a "thaw" request, keeping on-the-spot credit an option for shoppers. Consumer advocacy group Georgia Watch says that a credit freeze is a truly effective tool in stopping new account fraud, one of the most damaging forms of identity theft.

If Governor Perdue signs the bill into law, Georgia will become one of forty states to have passed credit freeze legislation and the 13th to adopt the 15-minute credit "thaw". The freeze would become effective August 1, 2008 and the thaw effective as of September 1, 2008.

Budget Agreement Reached

Lawmakers has learned that House and Senate negotiators reached an agreement on the FY 2009 General Budget around 2 AM this morning. The Conference Committee report on House Bill 990 is expected on the floor in both chambers after 4 PM this afternoon.

Be sure and join Lawmakers tonight at 7 and 11 PM for LIVE coverage of the Georgia General Assembly's final legislative day.

Legislative Day 40 News

It’s Legislative Day 40 under the gold dome; the Georgia General Assembly is expected to adjourn Sine Die before midnight tonight, bringing the 2008 session to a close. Lawmakers will have two live broadcasts this evening at 7 and 11 PM. In our special live coverage of sine die at 11 PM, Lawmakers’ Nwandi Lawson and David Zelski will be joined by Tom Crawford, National Editor of CapitolImpact.com for political analysis.

Here are some of the issues, bills and resolutions we think will be making news today:

TAX REFORM: HR 1246/HB 1244
These two pieces of legislation have become the primary vehicles for tax reform in the 2008 session. Earlier this week, the House stripped Senate provisions out of HR 1246 and replaced it with an elimination of the ad valorem tax on personal vehicles. The House also changed Senate provisions in HB 1244, moving a proposed 10% reduction in state income taxes back by three years to begin in 2011 instead of 2008. The measures are expected to be discussed by a Conference Committee today, the House appointed conferees on Tuesday.

SCHOOL VOUCHERS: SB 458
Withdrawn and recommitted to House Rules Tuesday, we expect SB 458 to make it to the House Floor at some point before midnight. The bill is Senate President Pro Tem Eric Johnson’s school voucher bill. The legislation is designed to give vouchers for students in low-performing public schools. If a school loses accreditation or remains on the “needs improvement” list for seven years, the school system would be required to provide parents with the option of a voucher for use at a private school. The Clayton County school system has been used as an example in the debate this session because the system is in danger of losing it’s accreditation on September 1. Johnson held a press conference last week to clear up misunderstandings about Fayette County schools being forced to absorb Clayton students.

CREDIT FREEZE: HB 130
Lawmakers continue to work towards a compromise on legislation allowing consumers to freeze their credit reports. The Senate passed its version of House Bill 130 on Monday. The bill aims to prevent identity theft by allowing consumers to block credit reporting agencies from giving out their information. The House and Senate reportedly have come to an agreement on the main sticking point: how much the credit reporting agencies should be able to charge for this service. HB 130 now heads back to the House for approval of the Senate changes.

GUN RIGHTS: HB 257
This legislation, which was passed by the Senate on Wednesday night, would allow constables to carry weapons to public gatherings. It was amended to include provisions that would allow licensed gun owners to carry guns into restaurants and onto mass transit. Those Senate changes send the bill back the House.

CRIMINIAL JUSTICE/DEATH PENALTY: SB 145, HB 185 and HB 1245
Senate Bill 185, sponsored by Senate Judiciary Chair Preston Smith, would allow prosecutors to seek a sentence of life without the possibility of parole as a sentence in a murder case. The two options currently available at the outset of a case are capital punishment or life with parole. The bill was amended in the House on March 19 to include provisions from HB 185, Representative Barry Fleming’s bill that would allow death penalty verdicts in cases when one or two jurors vote against the sentence. The House amendment sent the bill into Conference Committee. A compromise could be reached at any time. In other criminal justice action, a Conference Committee has also been appointed for House Bill 1245. That legislation was drafted in response to the controversial defense spending in the case of accused Fulton County courthouse shooter Brian Nichols. That case has cost the state nearly $2 million to date. House Bill 1245 mandates that only elected judges oversee death penalty cases and sets up a cost sharing system between the State and counties for indigent defense.

SUNDAY SALES: SB 137, SB 385, SB 454 and HB 1243
Senate Bill 137 was introduced by Senator Seth Harp last year to repeal the prohibition against Sunday sales of alcohol statewide. The bill has languished in the Senate committee ever since, but the provisions of the legislation have been rumored to be attached to three different pieces of legislation this year. SB 385 is Senator Don Balfour’s legislation to allow limousine carriers to sell alcohol in their vehicles. That measure has passed the House and Senate without a general Sunday Sales amendment. HB 1243 is Representative Edward Lindsey’s legislation that would allow alcohol sales for non-profit entities. That measure was approved by both the House and Senate without a Sunday sales amendment. SB 454 would expand the sales of alcohol on Sundays for public stadiums located in counties that already allow Sunday sale of alcohol. That measure is the most likely vehicle for any amendment attempt in the House today.

VEHICLE SEIZURE: HB 978
Tabled in the Senate floor Wednesday, House Bill 978 would allow law enforcement to seize the vehicles of illegal immigrants who are involved in an accident or pulled over for a traffic violation. Representative James Mills says he sponsored House Bill 978 after several of his constituents complained about being hit by illegal immigrants. Senate changes to the bill give it a wider scope, allowing law enforcement to seize the vehicle of any unlicensed driver, with few exceptions. A motion to remove the bill from the table could start debate in the Senate again at any time.

CHARTER SCHOOLS: HB 881
Also tabled in the Senate Wednesday, this is Representative Jan Jones’ legislation to establish the Georgia Charter Schools Commission. This would offer an alternate route for groups and companies seeking to establish charter schools. In addition to applying to local school boards or the state board of education, this bill would allow petitions to be submitted to a seven member charter commission. A motion to remove the bill from the table could start debate in the Senate again at any time.

We'll have all the latest Capitol news tonight at 7 and 11 PM on Lawmakers, only on GPB television.

Final Lawmakers Programs Tomorrow!

Lawmakers will not be seen tonight because the Georgia General Assembly is not is session, but be sure and join us tomorrow night as the session draws to a close. We'll have special coverage for the 40th and Final Day of the session in both our broadcast at 7 PM and in our Sine Die Special which begins at 11 PM.

Stay up to date with all the latest news from under the gold dome with Lawmakers at 7 and 11 PM tomorrow, Friday, April 4. Only on GPB!