HR449: HR449 House Study Committee on Modernization of the Traffic Violations Bureau; create

25 LC 48 1547 House Resolution 449 By: Representatives Smith of the 18th, Gunter of the 8th, Kelley of the 16th, Reeves of the 99th, and Roberts of the 52nd A RESOLUTION Creating the House Study Committee on Modernization of the Traffic Violations Bureau; and1 for other purposes.2 WHEREAS, the state's traffic violations bureau (TVB) laws, a sy stem that allows drivers3 accused of certain traffic violations to pay their fines online or by mail and never appear in4 a courtroom, is a great convenience to both motorists and the c ourts, but, as written, these5 laws can allow drivers who commit dangerous acts on our streets and highways to totally6 avoid both prosecutorial and judicial supervision; and7 WHEREAS, persons injured in, or who have damages brought upon t hem, due to traffic8 accidents can be deprived of their rights to make victim impact statements; and9 WHEREAS, enacted in March, 1966, the TVB system is likely unconstitutional as there is10 no requirement that defendants be advised of their rights as were created by the Miranda v.11 Arizona, 384 U.S. 436 (1966) decision, rendering the system out dated, confusing, and12 fraught with danger to drivers who pay fines using the TVB system; and13 H. R. 449 - 1 - 25 LC 48 1547 WHEREAS, a study should be undertaken to determine what actions could be taken to14 examine the TVB system and draft statutes that would modernize the system for our state's15 traffic courts.16 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:17 (1) Creation of House study committee. There is created the House Study Committee18 on the Modernization of the Traffic Violations Bureau.19 (2) Members and officers. The committee shall be composed of eleven members as20 follows:21 (A) The chairperson of the House Judiciary Non-Civil Committee;22 (B) Two members of the House of Representatives appointed by t he Speaker of the23 House of Representatives, one of whom shall be designated as ch airperson of the24 committee;25 (C) The chairperson of the Prosecuting Attorneys' Council (PAC ) or his or her26 designee;27 (D) The president of the Georgia Association of Solicitors-Gen eral or his or her28 designee;29 (E) The president of the Georgia Association of Criminal Defense Lawyers (GACDL)30 or his or her designee;31 (F) The president of the Georgia Association of Chiefs of Police or his or her designee;32 (G) The president of the Georgia Sheriffs' Association or his or her designee; 33 (H) The president of the Council of Municipal Court Judges of Georgia or his or her34 designee;35 (I) The president of the Council of Magistrate Court Judges or his or her designee; and36 (J) The president of the Council of Probate Court Judges of Ge orgia or his or her37 designee.38 H. R. 449 - 2 - 25 LC 48 1547 (3) Powers and duties. The committee shall undertake a study of the conditions, needs,39 issues, and problems mentioned above or related thereto and recommend any action or40 legislation which the committee deems necessary or appropriate.41 (4) Meetings. The chairperson shall call all meetings of the committee. The committee42 may conduct such meetings at such places and at such times as it may deem necessary or43 convenient to enable it to exercise fully and effectively its powers, perform its duties, and44 accomplish the objectives and purposes of this resolution.45 (5) Allowances, expenses, and funding.46 (A) The legislative members of the committee shall receive the allowances provided47 for in Code Section 28-1-8 of the Official Code of Georgia Annotated.48 (B) Members of the committee who are state officials, other than legislative members,49 or who are state employees shall receive no compensation for th eir services on the50 committee, but they may be reimbursed for expenses incurred by them in the51 performance of their duties as members of the committee in the same manner as they52 are reimbursed for expenses in their capacities as state officials or employees.53 (C) Members of the committee who are not legislators, state of ficials, or state54 employees shall receive a daily expense allowance in an amount the same as that55 specified in subsection (b) of Code Section 45-7-21 of the Offi cial Code of Georgia56 Annotated, as well as the mileage or transportation allowance a uthorized for state57 employees.58 (D) The allowances and expenses authorized by this resolution shall not be received59 by any member of the committee for more than five days unless a dditional days are60 authorized. Funds necessary to carry out the provisions of this resolution shall come61 from funds appropriated to the House of Representatives; except that funds for the62 reimbursement of the expenses of state officials, other than le gislative members, and63 state employees shall come from funds appropriated to or otherwise available to their64 respective agencies.65 H. R. 449 - 3 - 25 LC 48 1547 (6) Report.66 (A) In the event the committee adopts any specific findings or recommendations that67 include suggestions for proposed legislation, the chairperson shall file a report of the68 same prior to the date of abolishment specified in this resolut ion, subject to69 subparagraph (C) of this paragraph.70 (B) In the event the committee adopts a report that does not i nclude suggestions for71 proposed legislation, the chairperson shall file the report, subject to subparagraph (C)72 of this paragraph.73 (C) No report shall be filed unless the same has been approved prior to the date of74 abolishment specified in this resolution by majority vote of a quorum of the committee.75 A report so approved shall be signed by the chairperson of the committee and filed with76 the Clerk of the House of Representatives. Any member of the committee may file a77 minority report that shall accompany the majority report.78 (D) In the absence of an approved report, the chairperson may file with the Clerk of the79 House of Representatives a copy of the minutes of the meetings of the committee in80 lieu thereof.81 (7) Abolishment. The committee shall stand abolished on December 1, 2025.82 H. R. 449 - 4 -