Special Edition:
House Judiciary Non-Civil Committee
Delves Into Assigned Legislation
While there is a lot of buzz regarding fundraising activities for various legislative and constitutional officer slots and the grave Budget situation facing the State concerning its declining revenues, the House Judiciary Non-Civil Committee made efforts on Monday and Tuesday to tackle some of the people's business by delving into some of its assigned legislation left from the 2009 Session.
House Judiciary Committee - Non-Civil
The Committee heard testimony on HB 522 yesterday. Rep. Billy Maddox (R-Zebulon), the author of the legislation, explained that the initiative would allow law enforcement agencies to obtain information on peace officer applicant's moral character. Presently, most private companies will not disclose information for fear of litigation according to Rep. Maddox, therefore making it difficult to do a proper background check. This Bill would only apply to peace officer applicants which require post-certification. It would require a prior employer to disclose employment-related information to an investigating law enforcement agency upon receiving a written request from such agency which would include "written or unwritten information relating to job applications, evaluations of performance, evaluations of risks and reliability, attendance records, disciplinary actions, and eligibility for rehire or other information related to the applicant, candidate, or peace officer's employment."
Rep. Tim Bearden (R-Villa Rica) voiced concerns about government mandating private companies to release information. While he expressed that he would like to see the best officers placed on the streets, he does not want to see it at the cost of taking away private business freedoms. Rep. Bearden stated, however, that he would have no problem with State departments or agencies sharing such information.
Michael Caldwell, a labor and employment attorney, testified to the Committee that the Open Records Act helps agencies somewhat, but not to the extent that they need to gauge the moral character of an individual. Most major private companies will only release the hire and release date of an employee with no explanation of work history.
Rep. Doug Collins (R-Gainesville) inquired if HIPPA information could be released under this Legislation. Mr. Caldwell explained that the HIPPA Waiver would not apply to the language proposed in HB 522.
Covington Chief of Police Stacey Cotton testified to the Committee explaining that he would like to hire the best personnel to put on the street; however, it becomes frustrating when an information "wall" is repeatedly hit. Chief Cotton stated that he cannot obtain any information because of the fear of being sued.
HB 708 was presented by Rep. Roberta Abdul-Salaam (D-Riverdale). This Legislation would ban the marketing and sale of a product "bearing on the packaging or labeling or advertising the name of any Schedule II controlled substance listed in Code Section 16-13-26." Rep. Abdul-Salaam explained that several states have already banned such marketing and sales. She stated that Georgia needs to avoid a potential problem by outlawing the energy drink named "Cocaine." While there is no cocaine in the product, children are bragging about drinking it. Rep. Abdul-Salaam is concerned, that if children are already flaunting this behavior, it will not be a big leap for them to jump into the real thing.
The Federal Food and Drug Administration "FDA" has already issued a "cease and desist" order to the Las Vegas based company manufacturing the product. The FDA cited that street drug alternatives do not qualify as dietary supplements. "Cocaine" has been marketed as "speed in a can" and is 300 times more potent than Red Bull, another popular energy drink.
HB 180 was presented by its author, Rep. Melvin Everson (R-Snellville), as the micro pigmentation Bill. This Legislation would allow a licensed physician or technician, under the supervision of a licensed physician, to perform cosmetic surgery less than one inch from the eye socket. Currently, all tatooing within one inch around the eye socket is banned in Georgia. Rep. Everson explained that this would allow individuals who have undergone chemotherapy and lost their facial hair to have it restored.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 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.