From Nelson Mullins
January 12, 2009
Legislators Return for 40-day Session
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They are BACK! Legislators descended upon the State's Capitol today with the first of 40 Legislative Days now behind them to accomplish the "people's business." Some among the crowd were newly seated and sworn while other faces were seasoned veterans of the legislative process.
While the federal news is the major buzz - including the upcoming inauguration of President-elect Obama and how the Congress and new President will further work on "jump-starting" the nation's economy – here in Georgia, the news is already focusing on the Governor's race in 2010. At the packed Friends of Agriculture-sponsored Wild Hog Supper last evening, lawmakers and political "wannabes" turned out to press the flesh and be seen by those in power and those with large purses who dole out campaign contributions. So far, on the Republican side, there are several who have announced intentions of pursuing the Governor's Office including Lt. Governor Casey Cagle, Insurance Commissioner John Oxendine, and Secretary of State Karen Handle. Democrats presently rumored to be likely candidates for Governor in 2010 are former Governor Roy Barnes and Rep. DuBose Porter (D-Dublin). Of course, many other names have been mentioned so it is presently unclear who will be on the full slate of actual contenders for either party at the moment.
This evening, the Georgia Chamber of Commerce will host its Annual Dinner Meeting. Lawmakers from across the State will join business leaders to hear from veteran Democratic political strategist Donna Brazile and veteran Republican political strategist Karl Rove (and former chief of staff for President George W. Bush).
In the 2009 Session, Lawmakers will deal with serious State budgetary issues given the State's revenues are down 2.7% year-to-date over FY 2008 at this time. Governor Perdue is expected to release his Budget proposals on Wednesday so that Lawmakers can then begin jawboning how they believe the State should spend taxpayers' money. Next week on Wednesday, the House and Senate Appropriations Committees commence hearings on the Budget with presentations to be made by each Department and agency.
Sen. Tommie Williams (R-Lyons) was sworn in today as the President Pro Tempore of the Senate. Sen. Williams is the former Majority Leader of the Senate and replaces Sen. Eric Johnson (R-Savannah) as President Pro Tempore, who stepped down from the position in order to run Lt. Governor in 2010.
New Legislation
SB 5 – Sen. Thomas (R-Dalton) authored the elimination of exceptions for the required use of safety belts in vehicles in O.C.G.A. § 40-8-76.1(a). This proposal would require individuals riding or driving pickup trucks, vans, sport utilities, and vehicles designed to carry ten passengers or fewer to use safety belts. There is still an exception for farm vehicles which are used on a farm in connection with agricultural pursuits that are usual and normal to the farming operation.
SB 7 – Sen. Tarver (D-Augusta) proposed the "Truth in Testimony Act" in Chapter 1 of Title 28 to require an oath or affirmation for purposes of presenting evidence to a committee or subcommittee of the General Assembly. This oath or affirmation would be made at the discretion of the chairperson. A person's speech or debate, which is privileged under Article III, Section IV, Paragraph IX of the Constitution, would not be subject to this oath or affirmation. The Bill also includes language for "false swearing" in O.C.G.A. § 16-10-72(a).
SB 8 – Sen. Murphy (R-Cumming) offered a change to O.C.G.A. § 20-2-776 to provide for possession and self-administration of auto-injectable epinephrine by students in elementary and secondary schools. Local school boards would be required to adopt policies authorizing students to carry and self-administer these prescription drug products. The student would be required to have written information from his or her physician about the medication and confirmation about the student's ability to self-administer the auto-injectable epinephrine.
SB 9 – Sen. Douglas (R-Social Circle) proposed amending O.C.G.A. § 16-11-126 to repeal the requirement that a concealed weapon must be kept in a holster. Presently, an individual must carry a concealed weapon in either a shoulder holster, waist belt holster, or other holster, hipgrip, or similar device.
SB 10 – Sen. Douglas (R-Social Circle) authored a change to O.C.G.A. § 16-13-71(c)(23) to remove the exception for pseudoephedrine in a single dose unit of 60 milligrams or less from the dangerous drug definition.
SB 11 – Sen. Ramsey (D-Decatur) proposed a change to O.C.G.A. § 42-9-45(j) to provide that the State Board of Pardons and Paroles is to issue a certificate of restoration of voting rights to each individual convicted of a felony involving moral turpitude within 30 days following the completion of the individual's sentence.
SB 12 – Sen. Ramsey (D-Decatur) offered a change to O.C.G.A. § 16-11-190 to prohibit the manufacture, sale, and possession in Georgia of handgun ammunition which does not contain a unique code. Further, the Bill provides for the creation of an ammunition coding system database to be established by the Department of Public Safety.
SB 14 – Sen. Douglas (R-Social Circle) introduced a change to O.C.G.A. § 20-2-51(e) to provide that no person who is listed on the national or State sex offender registry will be eligible for election to or service on a local board of education.
SB 15 – Sen. Douglas (R-Social Circle) offered changes to Chapter 8 of Title 12 of the Code relating to the quarantining and clean up of sites where the illegal drug methamphetamine was unlawfully manufactured. The proposal also requires that the Clerks of the Superior Courts would be required to post notices for the quarantine and there are provisions for the removals of any quarantines. If the property is quarantined, then the Clerk of the Court will note such in the Deed Index. The legislation outlines how authorized individuals (industrial hygienists who are deemed qualified by the Director of the Environmental Protection Division of the Department of Natural Resources) may perform testing, clean up, and certify the fitness of previously quarantined piece of property are also provided for; included also is the "certificate" of fitness that a Clerk of a Superior Court may issue.
SR 2 – Sen. Seabaugh (R-Sharpsburg) offered a Constitutional Amendment to authorize the reduction or elimination of local ad valorem taxation and replacement with a sales and use tax at any rate not to exceed 1 percent by amending Article VII of the State's Constitution. This proposal would apply to any local taxing jurisdiction in Georgia consisting of: "1) a county; 2) the area of a consolidated government other than a municipality located therein; 3) a county school district located in a county in which no independent school district is located; or 4) a municipality shall be authorized to levy, impose, and collect a local sales and use tax as provided in this Paragraph, throughout the entirety of such local taxing jurisdiction."
SR 5 – Sen. Williams (R-Lyons) proposed new Rules of the Senate for the 2009 Session. One of the changes provides that no general Senate Bill or Resolution having the effect of law shall be introduced after the 39th day of any odd-numbered regular session or after the 30th day of any even-numbered regular session. Further, the new Rules proposed state that "no general House Bill or Resolution having the effect of law shall be accepted by the Secretary of the Senate for first reading and referral to committee after the thirtieth (30th) day of any regular session. Referral of House legislation received on the thirtieth (30th) legislative day may be made during the Order of Business of First Reading and Reference of House Bills and Resolutions on the thirty-first (31st) legislative day. The provisions of this paragraph shall in no case be suspended except by a two-thirds (2/3) vote of the members to which the Senate is entitled."
HB 1 – Rep. Franklin (R-Marietta) proposed a new Article 5 in Title 16 to provide that prenatal murder will be unlawful which is defined as the "intentional removal of a fetus from a woman with an intention other than to produce a live birth or to remove a dead fetus; provided, however, that if a physician makes a medically justified effort to save the lives of both the mother and the fetus and the fetus does not survive, such action shall not be prenatal murder. Such term does not include a naturally occurring expulsion of a fetus known medically as a "spontaneous abortion" and popularly as a "miscarriage" so long as there is no human involvement whatsoever in the causation of such event." Among other inclusions in this Bill are the repeal of the "Parental Notification Act" and an amendment to O.C.G.A. § 20-2-773, striking the present permission for any facility operated on public school property the ability to distribute contraceptives. An additional amendment is made to O.C.G.A. § 33-60-3(1)(C) striking any insurance coverage for an abortion procedure.
HR 14 - Rep. Keen (R-St. Simons) offered this Resolution which would ban House Members from talking on their cell phones while on the Floor of the House. Text messaging and emails are still permitted.
HR 16 – Rep. Keen (R-St. Simons) authored this Resolution announcing the Governor's address to the Joint Session on January 14, 2009 at 10:00 a.m.
HR 17 – Rep. Keen (R-St. Simons) authored the Resolution proposing the schedule for adjournment on Friday, January 16, 2009 and reconvening on Monday, January 26, 2009.
Senate Committee Assignments
Senate Members have been given Committee assignments. To view a full list of Committees and Members please visit:
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404-817-6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.