2007 Legislative Session Summary

CHURCH/STATE

Faith-Based Constitutional Amendment - SR 345 - FAILED - Talking Points
The Governor has introduced his Faith and Family Services Amendment for the fourth year in a year. It has been voted down in all the previous years. This resolution would repeal the Georgia state constitutional provision governing the separation of church and states. Our current state constittutional provision, like that of 37 other states, grants individuals more protection that the federal constitution. The effect of this resolution would be to gut our state protections so as to open the door to school vouchers and allow a Bush-like faith-based program. The ACLU has teamed up with 27 religious, education, and civil rights groups to fight this amendment.

This resolution was introduced by Bill Heath, the Governor’s floor leader, and assigned to the Senate Health and Human Services Committee. It passed that committee on a party-line vote and is now in the Senate Rules Committee.

For more information on this resolution go to the Coalition to Protect the Bill of Rights website.

School Vouchers - SB 10 & HB 199 - SB 10 PASSED - Talking Points
These bills would create a voucher system for kids with disabilities. The bills would hurt public schools, take away protections for students with disabilities, and provide no accountability to students or taxpayers. In order to get a voucher, students have to forfeit their rights under federal laws. And, the schools would not be required to demonstrate that they are serving the needs of the students or even using the state money they have been allocated to serve the student’s special needs. SB 10 passed through the Senate Education Committee and was approved on the Senate floor. The bill passed out of the House Education Committee and was placed on the House floor on the last day of the session. The bill passed by one vote, which was cast by the Speaker of the House.

DEATH PENALTY

Non-Unanimous Juries for Death Sentencing - FAILED - HB 185
This bill, as originally drafted would permit a judge to issue a death sentence even if only 9 of 12 jurors found that death was an appropriate sentence. Under current law, and under the laws of most every state that implements the death penalty, all 12 jurors must find for a sentence of death before a person gets the death penalty. This, of course, is because death is the most serious penalty of all, and it can never be undone. This bill was approved by the House Judiciary, Non-Civil Committee after being amended so that 11 of the 12 jurors must vote in favor of the death penalty before a death sentence is issued. This, amendment, however, is still not acceptable, as it threatens the jury system, lessens the credibility of death sentences, and fails to provide effective protections. On the House floor, the bill was amended again and now only requires a 10-2 vote by the jury. The Senate Judiciary Committee rejected the bill. On a motion due pass, the motion failed 0-5.

Capitol Punishment Study Committee - FAILED - SR 364
This resolution would create a study committee to examine the imposition of the death penalty in Georgia. The question the committee would ask is not whether Georgia should implement the death penalty, but whether the current system works properly.

Death Penalty Moratorium - FAILED - SB 255
This bill would place a moratorium on the death penalty so that the legislature can take time to study the implementation of the death penalty.

FREE EXPRESSION

MySpace Consent for Minors - FAILED - SB 59
This bill would require “social networking sites” to obtain parental permission before anyone under 18 could join the site. This, of course, would create an age checking requirement for all users, which could cease the operation of some sites. The Senate Science and Technology Committee has held one meeting on the bill, but did not vote.

OPEN RECORDS

Open Records Requests in Writing - FAILED - HB 283
This bill would allow local governments and agencies to require that all open records requests be submitted in writing. This would place yet another barrier on citizens trying to obtain records. The bill passed out of the Lindsey sub-committee of House Judiciary Committee. The vote in that committee was 2-2, with Lindsey breaking the tie to move the bill forward. In the full Judiciary Committee, three amendments were offered. One amendment altered the attorneys fees provisions, one opened up the records of university police departments, and one raised the fines for violating the open records laws. The bill passed out of the committee after a 4-4 vote, with Chairman Willard breaking the tie in favor of moving the bill out with a favorable recommendation. The bill never made it to the House floor this year, but it could move next year.

PRIVACY

Anti- REAL ID bill - PASSED - SB 5
The REAL ID Act, which was passed by the U.S. Congress, would essentially create a national ID card and create an easy way for people to steal your identity. This bill would allow the Governor to refuse to implement the REAL ID Act until the federal government addresses the issues of privacy that the REAL ID Act implicates. For more information see REAL NIGHTMARE

No-Knock Warrants - FAILED - SB 259
This bill would set a standard for no-knock warrants in Georgia. It would require that law enforcement demonstrate “probable cause” that knocking and announcing would create an imminent danger to life or limb or imminent danger to the destruction of evidence before a no-knock would be issued. This bill passed unanimously in the Senate Judiciary Committee, but the bill did not make it onto the Senate floor.

Bioprivacy Protection Act - FAILED - HB 276
This bill would protect your biometric information from misuse by the government and private entities. It would prohibit the government or private entities from discriminating against a person based upon his or her genetic information. It would also make private entities that collect biometric information responsible for misuse or loss of this information.

RACE AND NATIONAL ORIGIN

Racial Profiling Bill - FAILED - HB 149
This bill would bar racial profiling, create training requirements on racial profiling for officers, and require the collection of data so that it can be determined whether racial profiling is or is not taking place.

Ban on Government Forms From Being Printed in Language other than English - FAILED - HB 21
This bill would prohibit State and local governments and agencies from printing any official documents or forms in languages other than English. A sub-committee of the House Judiciary Committee held a hearing on the bill, but did not vote on the bill.

Constitutional Amendment to Make English the Official Language - FAILED - HR 413
The bill is redundant, as English is already the official language of Georgia, as declared by statute. The Knox sub-committee of the House Judiciary, Non-Civil committee passed this bill out with a favorable recommendation. It is now in the full committee.

VOTING RIGHTS

Soil and Water Conservation Elections - PASSED - SB 263
This bill, as originally introduced, would abolish the elections for Soil and Water Conservation Board members. Though the ACLU believes that the election dates should be changed to make them less costly and more convenient, we do not support abolishing the elections in favor of appointments. The Senate amended the bill on the floor to address our concerns and the position will remain elected. The House passed the bill on the last day of the session and the bill awaits the Governor's signature.

WOMEN & CHOICE

Requiring Sonograms for Abortions - HB 147 PASSED - SB 66 & HB 147
These bills, as originally introduced, would have required that a doctor have sonogram equipment on site and perform a sonogram before the doctor could perform an abortion on a woman or even refer a woman to another doctor for an abortion. In addition, the woman would have had to offer the woman the opportunity to view the sonogram, even if the woman were a victim of rape or incest. The legislation serves no medical purpose, as performing sonograms are not part of the standard of care for providing abortions. The reason for the legislation is to try to dissuade women from having an abortion. This is why one the House versions of the bill called for a woman to be given 15 minutes for quiet reflection after she views the sonogram. The Senate and the House both battled for their own language, but eventually the language from the House bill prevailed. Now, a woman who obtains a sonogram before an abortion must be offered to view the sonogram and listen to the fetal heartbeat. She must report whether she chose to view or listen before she can receive the procedure. Furthermore, DHR must create a list of places that offer free sonograms and the woman must be told how to obtain the list. The bill awaits the Governor’s signature.

Constitutional Amendment to Ban Abortion & Birth Control - FAILED - HR 536
This bill would declare that “there is a right of every innocent human being to life.” “Human life” includes “every stage of biological development, including fertilization.” This constitutional amendment, therefore, would not just ban abortion, but also birth control. Anti-Choice advocates have said they plan to push this amendment next year.

Statutory Abortion Ban - FAILED - HB 1
This bill would ban all abortions in all instances - even to save the life of a woman. The bill was never given a hearing by the Judiciary Committee, though the bill’s sponsors held a public hearing.

Parental Consent for Family Planning - FAILED - HB 526
This bill would require that anyone under the age of 18 not only obtain parental consent but also have a parent actually accompany him or her as a condition of accessing confidential family planning and contraceptive services from state and local health departments. This would have the effect of dissuading young adults obtaining family planning services. The bill did not move this year, but Rep. Martin Scott did make a failed attempt to amend the budget with this language.