This legislation prohibits, effective January 1, 2019, the use of direct recording electronic (DRE) machines for Georgia's primary and general elections.  Instead, elections must be conducted utilizing ballot scan voting systems along with electronic ballot markers - which leave a paper trail of votes cast.  Rather than dictate which specific systems to use the bill spells out specifications which must be met and all systems must be certified by the Secretary of State.  ACCG opposes unfunded state mandates as one of its guiding principles and there are no state appropriations for replacing Georgia's voting equipment in the proposed FY 2017 supplemental or FY 2018 budgets.  Additionally, ACCG has concerns that elections superintendents were neither consulted nor involved in this endeavor; there is not enough time to implement this successfully before the Jan. 2019 deadline; there will likely be challenges with ballot confidentiality and security; and there will likely be ballot transportation and storage issues.  

 Following recommendations of the Governor's Court Reform Council and in response to several recent Georgia Supreme Court decisions, this bill would allow for a limited waiver of the state's sovereign immunity so as to allow lawsuits against the state for injunctions and/declaratory judgments where a state law is alleged to be unconstitutional. As amended in House committee, the substance of HB 674 was added to this bill, waiving county and city sovereign immunity for injunctive/declaratory relief for allegations that the local government has violated a constitutional provision, statute, state rule/regulation, or local ordinance. Immunity would still apply to any  related monetary damages. The amended version also permits direct appeals of trial court orders ruling that immunity does not apply to a claim (from HB 256).

A substitute version approved by the Senate Judiciary Committee removes local governments from the scope of this bill but retains the direct-appeal authorization. 

During the House Transportation Committee meeting that took place on 3.6.18, the language from SB 386 was stripped and in its place, the language from HB 930 was inserted. HB 930 is the transit bill authored by House Transportation Committee Chairman Kevin Tanner that addresses transit governance and funding options for the Metro Atlanta region (Cherokee, Clayton, Coweta, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale Counties). 

On 3.23.18, the Senate and the House insisted on their position to HB 930; therefore, a conference committee has been appointed where the differences from the House and Senate transit bills will be discussed with the goal of an agreed upon version will pass both chambers.  

HB 930 Conference Commitee composition: Rep. Kevin Tanner, Rep. Jan Jones, Rep. Calvin Smyre, Sen. Brandon Beach, Sen. Steve Gooch and Sen. David Lucas.  

Original Senate Transit Bill Language: 

This bill provides a new transit governance structure for the Metro Atlanta region and allows for an optional local funding mechanism to fund transit projects (Transit SPLOST). 

The newly created Atlanta-region Transit Link "ATL" Commission is a new division that would be placed under the Georgia Regional Transportation Authority. The purpose of this commission is to plan and coordinate transit services, transit facilities, and the funding of those purposes throughout its jurisdiction. This jurisdiction consists of any county which has approved a MARTA tax or any county which has approved a Transit SPLOST.

The ATL Commission is initially composed of 14 members including the Governor, GDOT Commissioner, CEO of MARTA, Executive Director of the Atlanta Regional Commission, and appointments made by the Mayor of the City of Atlanta, President of the Atlanta City Council, Chair of the Clayton County Board of Commissioners, Chair of the Cobb County Board of Commissioners, CEO of DeKalb County, Chair of the Fulton County Board of Commissioners, Chair of the Gwinnett County Board of Commissioners as well as an appointee selected by a majority vote of a caucus of the mayors from the municipalities in each county (Clayton, DeKalb, Fulton). If an additional Metro Atlanta county approves a Transit SPLOST, they shall have an appointee to the commission.

The legislation provides for a 1% Transit SPLOST for a period of 30 years. An IGA between the county and qualified municipalities must be agreed upon that includes the list of proposed transit projects, an agreement with MARTA for all rail based projects and/or an agreement with the ATL Commission approved bus operator.  The ATL Commission will have final approval of the transit project list.