Georgia Legislature in brief
Morris News Service
Tuesday, March 28, 2006

Senate agrees to make litterbug law harsher

ATLANTA - A harsher state law against litterbugs is nearly in the bag.

The Senate on Monday gave its nod to a bill that would make drivers who throw trash from their car eligible for two penalty points on their insurance record, the same punishment levied against drivers caught with an open container of alcohol.

The most egregious offenders - those who dump more than 10 pounds of materials or any hazardous waste - could be charged with a felony and sentenced to up to five years in prison. If convicted, they also would have their name and arrest information printed in the local newspaper.

Sen. John Bulloch, R-Ochlocknee, was successful in getting an exemption added for drivers transporting produce if their fruits or vegetables fall off the back of a truck. Mr. Bulloch farms in southwest Georgia.

The House already has approved the anti-littering bill but will have to give it final approval because of changes the Senate made.

Voters to have say on eminent domain rules

ATLANTA - Voters will decide whether local governments will face tougher restrictions on their ability to condemn property after the House approved a proposed amendment to the state constitution 155-0.

The lower chamber agreed to the Senate's changes to House Resolution 1306, which would require an elected body to approve all uses of eminent domain, which allows a government or other public authority to seize private property for "fair market value." The proposed amendment would enable the General Assembly to place additional restrictions on condemnation powers.

To amend the constitution, a two-thirds majority in both the House and Senate must approve the proposal and a simple majority of voters must pass it in a general election.

Stricter gang measure is approved by Senate

ATLANTA - A bill intending to get tougher on gangs cleared the Senate on Monday.

The legislation to update the state's existing anti-gang law would allow prosecutors to charge someone with criminal gang activity the first time he or she commits another offense, such as racketeering or damaging property with graffiti.

Under current state law, at least two crimes have to be committed to establish a pattern of criminal gang activity.

The bill also increases the minimum penalty from three to five years in prison and the minimum fine from $5,000 to $10,000.

It passed the Senate 48-3 and still has to receive final approval in the House because of changes that were made while it was in the upper chamber. The House previously endorsed the measure.

Sen. David Adelman, D-Decatur, said that defining a gang also could be seen as a problem in the existing law but added that prosecutors have been using the charge in cases where gang activity was clearly involved.

- Morris News Service

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