Senate committee endorses school takeover plan

A proposal to create a new state-run school district for failing schools cleared its first hurdle Monday, gaining approval in the Senate Education Committee.

Senate Bill 133 and its companion piece, Senate Resolution 287, lay out Gov. Nathan Deal’s vision of a statewide “Opportunity School District” with authority to seize control of schools deemed to be perennially failing. The state would have total authority over the schools put into the special district, and it could remove principals, transfer teachers, change what students are learning and control the schools’ budgets.

After some discussion about what will happen to teachers displaced by the state takeover of failing schools, the proposed legislation passed and now heads to the Senate floor for a vote. Only minor revisions were made to the legislation, including one that would give Senate lawmakers the right to confirm the governor’s choice for superintendent. Another would require public hearings at risk of intervention and proposed interventions before a school is taken over.

Deal’s office estimates 141 schools would be eligible, including more than 60 in metro Atlanta. The plan would allow the state to run schools, close them, partner with local school districts to run them or convert them into charter schools. The special district would be overseen by a new superintendent who would report directly to the governor.

Opponents to the legislation say it’s an overreach of state power and doesn’t address the larger issues of poverty, which challenges students at many failing schools.

— Jaime Sarrio

House votes to tighten civil forfeiture rules

Law enforcement officials and prosecutors would face new restrictions and reporting requirements for seizing an individual’s property under legislation unanimously approved Monday in the state House.

The House voted 154-0 to approve House Bill 233, which “brings more due process, brings reporting, brings definitions to what can be used and it puts some rules in place,” said the bill’s sponsor, Rep. Alex Atwood, R-St. Simons Island.

House leaders have tried for years to create guidelines and limitations on when an individual’s property can be seized as part of a criminal investigation. But sheriffs, police chiefs and prosecutors have always managed to block the bills.

Atwood said HB 233 is a compromise that has the support of former opponents and acknowledged the state’s civil forfeiture system has “come under fire” in recent years.

The Atlanta Journal-Constitution reported in 2013 that many Georgia law enforcement agencies aggressively pursue civil forfeiture claims to boost department funding and to buy equipment. The AJC also reported that Fulton County District Attorney Paul Howard used thousands of dollars seized in civil forfeiture proceedings to pay for wrought-iron security doors for his house and for football tickets, and he gave $6,000 to a lawyers group that inducted him into its Hall of Fame.

— Aaron Gould Sheinin

25-foot buffer rule passes Senate, but environmentalists unhappy

Legislation requiring a 25-foot buffer around the saltwater marshes of Georgia’s coast passed the state Senate on Monday, despite concerns from environmental groups that it carves out too many exemptions for development.

Senate Bill 101 remains a work in progress as it now heads to the state House after senators approved it 46-4. It’s already been shaped by negotiations among developers, regulators, environmental groups and local governments.

The bill follows a decision made last year by Jud Turner, the director of Georgia’s Environmental Protection Division, to remove a long-standing directive requiring buffers for marshlands along most of the Georgia coast. Turner said in April that the state would no longer apply a 25-foot buffer to new coastal development. The problem stemmed from what Turner viewed as a conflict between the interpretations of two state laws: the Coastal Marshlands Protection Act and the Sedimentation Act.

Turner had said he wanted lawmakers to clarify their intentions about how the buffer should be applied, which they are doing with SB 101. It sets new rules for when the buffer rule should be applied and how some exemptions may be made.

The exemptions allowed by the bill, however, include new seawalls — which environmentalists say could clear the way for new development along pristine parts of the coast.

Business leaders including the Georgia Chamber of Commerce say it will reduce costs and ease permitting for new projects or maintenance.

— Kristina Torres

New gun bill filed in state House

New legislation dealing with guns and weapons possession was filed Monday in the state House.

House Bill 492, by Rep. Rick Jasperse, R-Jasper, cleans up language from last year’s major gun bill, which allowed permit-holders to carry weapons in most public places, including government buildings without active security.

HB 492 would clarify the ban on firearms near polling places. Last year’s bill barred possession of a weapon within 150 feet of a polling place. HB 492 makes clear that ban would only apply when an election is being conducted.

It also defines “Armed forces,” clarifies the process for having a license revoked and makes other minor changes.

— Aaron Gould Sheinin