2007 Law Enforcement Legislative Proposal

2007 LAW ENFORCEMENT LEGISLATIVE PROPOSAL

GOHS listens to the law enforcement community. Below are several legislative suggestions made by law enforcement that we have compiled for the upcoming year. If you have any questions or suggestions, call GOHS at 404-656-6996 or toll-free outside Atlanta at 1-888-420-0767…..

ELIMINATE DOAS PURCHASING RESTRICTIONS

Proposed Legislation: Exempt from DOAS purchasing and surplus restrictions purchases made with Federal grant or donated funds for the benefit of GOHS grantees.

Synopsis:GOHS’s grant process includes providing law enforcement traffic enforcement products approved by NHTSA. These products are selected by the jurisdictions, purchased from the manufacturers by GOHS with Federal funds and sent directly from the manufacturers to the jurisdictions. Under currently DOAS guidelines, GOHS is required to competitively bid the products even though they were selected by the jurisdictions and GOHS does not take title. GOHS and DOAS staffs have met are in the process of developing suggested legislative language. DOAS would continue to retain oversight over the purchases to meet audit guidelines.

GOHS is also the recipient of funds and products donated for the benefit of law enforcement. Typically, these are used by GOHS for one year and then awarded to the agencies through the Governor’s Challenge process. The DOAS surplus process results in the receiving agencies being required to pay for the products, when it is the intent of the program to award them without attached costs.

Budget Impact: The budget impact is none.

Potential Sponsors: Sen. Don Balfour, Rep. Joe Wilkinson.

Affected Constituents: Public safety.

Potential Opposition: None.

Potential Advocates: Public safety.

Georgia Code Affected:

O.C.G.A. § 50-5-140 through 145.

AGGRESSIVE DRIVING AND SPEED

Proposed Legislation: Substantial increasing of speeding fines on highway corridors identified by the Georgia Department of Transportation to have an overrepresentation of severe crash injuries and deaths.

Synopsis: As a contributing factor in fatal crashes, unsafe or illegal speed is second to driver lost control. Excessive or unsafe speed related accounted for 309 fatal crashes in 2002. Third is alcohol or drug involved. According to the national Insurance Institute for Highway Safety, metropolitan Atlanta has the highest average speeds of the metropolitan areas surveyed.

As a contributing factor in fatal crashes, failure to yield, following too closely and improper lane change account for 290 crash deaths in 2002 (202, 57, and 31, respectively).

Faced with similar statistics, the Commonwealth of Virginia identified three highway safety corridor regions. The highway segments with higher than expected crash rates along with crash severity are marked as specially designated enforcement zones carrying the increased speeding fines.

Budget Impact: There are no negative budgetary or other private sector costs associated with the proposed legislation.

Potential Sponsors: Sen. Balfour, Rep. Joe Wilkinson, Rep. Calvin Hill, Rep. Bob Smith.

Affected Constituents: General driving public.

Potential Opposition: No known organized opposition.

Potential Advocates: Medical community, insurance industry, automobile manufactures, hospital associations, sheriff and police associations, emergency medical technicians, county and city associations, nonprofit highway safety advocacy groups, road contractors.

Georgia Code Affected:

O.C.G.A. § 40-6-1(b). Add a new subsection (6) pertaining to maximum fines for exceeding the speed limit:

(6) In Highway Safety Corridors designated by the Georgia Department of Transportation, each of the fines in this section shall be doubled.

O.C.G.A. § 40-14 pertaining to Use of Speed Detection Devices:

- Amend O.C.G.A. § 40-14 by adding a new section authorizing the Commissioner of the Georgia Department of Transportation to create the Highway Safety Corridor Program.

- The Commissioner shall establish a highway safety corridor program, under which a portion of Georgia’s primary system highways and interstate system highways may be designated by the Commissioner as Highway Safety Corridors, to address highway safety problems through law enforcement, education, and safety enhancements. In consultation with the Governor’s Office of Highway Safety, Driver Services Department and the Commissioner of Public Safety, the Commissioner shall establish criteria for the designation and evaluation of highway safety corridors, to include a review of crash data, accident reports, type and volume of vehicle traffic, and engineering and traffic studies. The Commissioner shall hold a public hearing prior to the adoption of the criteria to be used for designating a highway safety corridor. The Commissioner shall hold a minimum of one public hearing before designating any specific highway corridor as a highway safety corridor. The public hearing or hearings for a specific corridor shall be held at least 30 days prior to the designation at a location as close to the proposed corridor as practical.

DRIVING UNDER THE INFLUENCE

Proposed Legislation:In 2005, GOHS led an Implied Consent Task Force to address changes to Georgia’s implied consent laws. All stakeholders participated in redrafting Georgia’s implied consent law. The task force’s recommendations were submitted for consideration in the 2006 Session. One recommendation regarding admission of evidence by voluntary consent or search warrant was contained in HB 1275 and became law.

Synopsis:See Task Force legislation recommendation attached as Tab C.

Budget Impact: The budget impact is likely none.

Potential Sponsors: Sen. Bill Hamrick, Sen. Don Balfour, Rep. Mark Hatfield, Rep. Joe Wilkinson, Rep. Calvin Hill.

Affected Constituents: Public safety, DUI defense bar, state administrative law judges.

Potential Opposition: DUI defense bar.

Georgia Code Affected:

O.C.G.A. § 40-5-67.1 Driver’s License Suspension.

DRIVING UNDER THE INFLUENCE

Proposed Legislation:Exclude from discovery the source codes of GBI approved alcohol testing devices used by law enforcement.

Synopsis:In Florida (and other states) selected judicial districts have effectively enjoined the use of alcohol testing devices until such time as the manufactures disclose the devices’ proprietary source codes. This has substantially reduced law enforcements’ ability to identify impaired drivers under Florida’s implied consent law.

Budget Impact: The budget impact is likely none.

Potential Sponsors: Sen. Bill Hamrick, Sen. Don Balfour, Rep. Mark Hatfield, Rep. Joe Wilkinson, Rep. Calvin Hill.

Affected Constituents: Public safety, DUI defense bar, state administrative law judges.

Potential Opposition: DUI defense bar.

Georgia Code Affected:

O.C.G.A. § 40-6-392(a)(4) Chemical Tests For Alcohol Tests In Blood.

ALCOHOL EXCLUSION LAWS

Proposed Legislation:Eliminate alcohol exclusion laws which deny health insurance coverage for health care costs incurred as a consequence of the insured being intoxicated or under the influence of any illegal narcotic.

Synopsis:In 1950, the National Association of Insurance Commissioners (NAIC) developed a model law entitled the Uniform Accident and Sickness Policy Provision Law (UPPL). If enacted by States, it would permit insurers to include a provision in insurance policies that reads as follows:

The insurer shall not be liable for any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any narcotic unless administered on the advice of a physician.

As a result of these laws hospitals are reluctant, due to reimbursement of health care cost through insurance issues, to test the BAL of injured drivers. This limits the ability of public safety and the judicial system to effectively identify impaired drivers following a crash. Today, NAIC, NHTSA, AAMVA and GHSA do not support such laws and encourage states to enact legislation eliminating them from the law.

Budget Impact: The budget impact is likely none.

Potential Sponsors: Sen. Bill Hamrick, Sen. Don Balfour, Rep. Mark Hatfield, Rep. Joe Wilkinson, Rep. Calvin Hill.

Affected Constituents: Public safety, DUI defense bar, state law judges, hospitals.

Potential Opposition: DUI defense bar.

Georgia Code Affected:

O.C.G.A. § 33-29-4 Intoxicants and Narcotics.

DAY CARE BUS DRIVER DUI

Proposed Legislation: Make drivers of day care vans carrying children subject to a felony DUI upon first offense.

Synopsis:An operator of a day care van who violates the State’s impaired driving statutes while transporting children is only subject to a misdemeanor on the first offence; for both the child endangerment and DUI charges. Relative to the risk to the passenger children, this is a minor charge. For school bus operators, this is a felony. Day care bus operators should be subject to the same sanctions.

Budget Impact: The budget impact is likely none.

Potential Sponsors: Sen. Bill Hamrick, Sen. Don Balfour, Rep. Mark Hatfield, Rep. Joe Wilkinson, Rep. Calvin Hill.

Affected Constituents: Public safety, DUI defense bar, day care operators.

Potential Opposition: DUI defense bar.

Georgia Code Affected:

O.C.G.A. § 40-6-391.3 Penalty For Conviction For Driving Under The Influence Of Alcohol Or Drugs While Driving A School Bus.

ALCOHOL INHALERS

Proposed Legislation: Ban devices that vaporize liquor and allow people to inhale the intoxicating fumes for a quick high without the burn.

Synopsis:Seventeen states, including California, Florida, Illinois, New York, Ohio and Pennsylvania ban the devices. The reason for the ban is the devices allow alcohol to be inhaled into the lung tissue and become quickly absorbed by the blood creating a very rapid onset of the intoxicating effect.

Budget Impact: The budget impact is likely none.

Potential Sponsors: Sen. Bill Hamrick, Sen. Don Balfour, Rep. Mark Hatfield, Rep. Joe Wilkinson, Rep. Calvin Hill.

Affected Constituents: Public safety, DUI defense bar, alcohol inhaler industry.

Potential Opposition: DUI defense bar.

Georgia Code Affected:

O.C.G.A. § 40-6-390 Driving Under The Influence Of Alcohol Or Drugs.

MOTORCYCLE SAFETY COURSE INSURANCE DISCOUNT

Proposed Legislation: Require ten percent vehicle insurance discount for taking a Department of Driver Services motorcycle safety course.

Synopsis:Currently, Georgia mandates a ten percent discount on a driver’s insurance is the driver takes a DDS approved defensive driving course of not less than six hours. This does not require behind the wheel training. The DDS approved motorcycle safety courses are more comprehensive, extend over two and one half days and includes behind the handlebar operating training. Data shows riders who take the motorcycle safety course are involve in fewer motorcycle crashes. Although the motorcycle safety is more comprehensive than the defensive driver course, the code does not mandate the discount. The discount would encourage riders to take the safety course and thereby reduce the motorcycle crash rates.

Budget Impact: The budget impact is likely none.

Potential Sponsors: Rep. Bill Hembree, Sen. Jeff Mullis.

Affected Constituents: Motorcycle riding public, insurance industry.

Potential Opposition: Insurance industry.

Potential Advocates: Motorcycle clubs, including Regulators, Goldwings, ABATE, motorcycle dealerships

Georgia Code Affected:

O.C.G.A. § 33-9-42 Reduction in Premiums for Motor Vehicle Liability

WINDOW TINT LAW

Proposed Legislation: Exempt the State’s window tint law from the requirement to fingerprint charged offenders.

Synopsis:According to Attorney General of Georgia Opinion 92, 1984, a vehicle operator charged with violating the State’s window tint law is required to be fingerprinted under O.C.G.A. section 35-3-33. As a matter of practice and absent another charge resulting in the violator being placed under arrest, most law enforcement does not fingerprint offenders under this charge. Recent agency audits conducted by the GBI have made findings for failure to fingerprint the offenders charged with violating the window tint law.

Budget Impact: The budget impact is likely none.

Potential Sponsors: Sen. Bill Hamrick, Sen. Don Balfour, Rep. Mark Hatfield, Rep. Joe Wilkinson, Rep. Calvin Hill.

Affected Constituents: Public safety.

Potential Opposition: None.

Potential Advocates: Public Safety.

Georgia Code Affected:

O.C.G.A. § 40-8-73.1 Affixing Materials Which Reduce Light Transmission Or Increase Light Reflectance Through Windows Or Windshields.

MOTORCYCLE HELMET LAW

Prohibit Proposed Legislation: Reject efforts to repeal or modify the State’s mandatory motorcycle helmet laws.

Synopsis:Each and every state repealing mandatory helmet laws has experienced substantial increases in motorcycle deaths and traumatic head injuries. Each and every state that has imposed mandatory helmet laws after repeal has experienced a substantial decrease in motorcycle deaths and traumatic head injuries. In Georgia, it is estimated an additional 45 motorcycle operators and passengers will die if the law is amended to allow adults the option of not wearing a helmet.

Budget Impact: With repeal, there is significant increase in costs to the Medicaid reimbursement system.

Potential Sponsors: Sen. Jeff Mullis, Rep. Bill Hembree.

Affected Constituents: Public safety, motorcycle operators, public health systems.

Potential Advocates: ABATE.

Potential Opposition: Medical community, insurance industry, motorcycle manufactures, hospital associations, sheriff and police associations, emergency medical technicians, county and city associations, nonprofit highway safety advocacy groups, including Safe Kids of Georgia.

Georgia Code Affected:

O.C.G.A. § 40-6-315 Headgear And Eye-Protection Devices For Riders.

RED LIGHT CAMERA LAW

Prohibit Proposed Legislation: Reject efforts to repeal or modify the State’s red light camera laws.

Synopsis:Automated enforcement of red light running has proven to reduce severe injuries and deaths at intersections where the equipment is deployed. Jurisdictions deploying the equipment have utilized crash data to identify qualifying locations, conducted public information campaigns prior to implementation, and conform to applicable police officer review of the infractions as required under the law. There is a misperception that red light cameras are being deployed as “cash machines” by the jurisdictions.

Budget Impact: With repeal, there may be significant increase in costs to the Medicaid reimbursement system.

Potential Sponsors: Sen. Eric Johnson.

Affected Constituents: Public safety, county and municipal jurisdictions, public health.

Potential Advocates: None.

Georgia Code Affected:

O.C.G.A. § 40-6-20 Obedience To Traffic Control Devices Required, Presumptions, Enforcement By Traffic-Control Signal Monitoring Devices.

2007 LAW ENFORCEMENT LEGISLATIVE PROPOSAL

OCCUPANT PROTECTION

Proposed Legislation:Expand Georgia’s primary safety belt law to apply to all vehicles, 15 passenger vans and rear seat passengers, and increase fines and add points for offenders.

Synopsis:According to GOHS’ 2004 safety belt survey, 86.7% of all vehicle occupants wear safety belts. For pickup truck excluded, this number rises to 89.4%. For pickup trucks alone, the safety belt usage rate drops by 14% to 75.4%. The objective is to have over 90% of all occupants—irrespective of vehicle type—wearing safety belts.

Using 2002 data, 62% of vehicle crash deaths involve occupants who are not wearing safety belts. In comparison to passenger vehicles, pickup trucks are overrepresented in crash deaths by a factor of 11% (comparing deaths per number of registered vehicles); with pickup trucks occupants accounting for 21% of fatal crash deaths although pickup trucks represent only 16% of the vehicle crashes. Approximately 20% of crash deaths involving occupants not wearing safety belts are attributed to rear seat passengers for all vehicle types.

GOHS estimates that due to increased safety belt usage for all vehicles and all positions, 290 crash deaths, and potentially 362 crash deaths, per year will be avoided if the proposed legislation becomes law.

Budget Impact: There are no negative budgetary or other private sector costs associated with the proposed legislation. Under the Federal Administration’s proposed SAFETEA-LU’s Highway Safety Performance/Safety Grant, Georgia remains eligible to receive a grant in the approximate amount of $20 million with a qualifying primary safety belt law.

Potential Sponsors: Sen. Balfour, Rep. Joe Wilkinson, Rep. Calvin Hill.

Affected Constituents: Occupants of vehicles and seating positions not currently covered under the law.

Potential Opposition: No known organized opposition. To the extent agricultural sector opposition, there can be an agricultural exemption included with the existing use exemptions.

Potential Advocates: Medical community, parent/teacher associations, parents of teenagers, insurance industry, automobile manufactures, hospital associations, sheriff and police associations, emergency medical technicians, county and city associations, nonprofit highway safety advocacy groups.

Georgia Code Affected:

O.C.G.A. §§ 40-8-76.1(a), (b), (e)(1), and (e)(2):

- (a) Eliminate pickup trucks as an exception to the requirement to use safety belts and require safety belts to be used in fifteen or less passenger vehicles in place of the current ten or less passenger vehicles: