1 | 1 | | 25 LC 28 5001 |
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2 | 2 | | House Bill 713 |
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3 | 3 | | By: Representatives Scott of the 76 |
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4 | 4 | | th |
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5 | 5 | | , Davis of the 87 |
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6 | 6 | | th |
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7 | 7 | | , Schofield of the 63 |
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8 | 8 | | rd |
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9 | 9 | | , and Jackson of |
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10 | 10 | | the 68 |
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11 | 11 | | th |
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12 | 12 | | |
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13 | 13 | | A BILL TO BE ENTITLED |
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14 | 14 | | AN ACT |
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15 | 15 | | To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to |
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16 | 16 | | 1 |
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17 | 17 | | general provisions regarding the General Assembly, so as to provide that no rule or policy2 |
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18 | 18 | | shall be enacted that limits the number of bills or resolutions which a member may file or3 |
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19 | 19 | | introduce in a legislative session; to provide that no rule, policy, or procedure shall be4 |
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20 | 20 | | enacted by the General Assembly that limits or obstructs the ability of members of the5 |
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21 | 21 | | General Assembly to fulfill their duties under the Georgia Constitution; to provide for6 |
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22 | 22 | | physical, recorded votes on certain matters; to provide for a Legislative Constitutional7 |
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23 | 23 | | Counsel; to provide for appointment, qualifications, compensation, and duties; to provide a8 |
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24 | 24 | | short title; to provide for an effective date; to provide for related matters; to repeal conflicting9 |
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25 | 25 | | laws; and for other purposes.10 |
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26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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27 | 27 | | SECTION 1.12 |
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28 | 28 | | This Act shall be known and may be cited as the "Georgia Legislative Integrity and13 |
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29 | 29 | | Representation Act of 2025."14 |
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30 | 30 | | H. B. 713 |
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31 | 31 | | - 1 - 25 LC 28 5001 |
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32 | 32 | | SECTION 2. |
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33 | 33 | | 15 |
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34 | 34 | | Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general16 |
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35 | 35 | | provisions regarding the General Assembly, is amended by adding new Code sections to read17 |
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36 | 36 | | as follows:18 |
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37 | 37 | | "28-1-17. |
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38 | 38 | | 19 |
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39 | 39 | | (a) No rule, statute, or executive action shall limit the right of members of the General20 |
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40 | 40 | | Assembly to introduce, file, or advocate for legislation that represents the interests of their21 |
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41 | 41 | | constituents.22 |
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42 | 42 | | (b) Any attempt to place a limit on the number of bills or resolutions which a member of23 |
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43 | 43 | | the General Assembly may file shall be deemed an unconstitutional restriction on the24 |
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44 | 44 | | legislative process which infringes on the right of elected officials to serve the people25 |
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45 | 45 | | without arbitrary limitations.26 |
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46 | 46 | | (c) The General Assembly is the direct voice of the people, and no rule, statute, or27 |
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47 | 47 | | executive action shall diminish the duty of a member of the General Assembly to introduce28 |
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48 | 48 | | policies that address the needs and concerns of his or her constituents.29 |
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49 | 49 | | (d) This Code section reaffirms the constitutional principle of representative democracy30 |
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50 | 50 | | and that elected members of the General Assembly are sent to the General Assembly to31 |
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51 | 51 | | serve the best interests of their districts without restriction or interference that would32 |
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52 | 52 | | suppress the will of the voters.33 |
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53 | 53 | | (e) Therefore, the rights of members of the General Assembly to freely propose, debate,34 |
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54 | 54 | | and pass legislation are critical to ensuring a limited, accountable government that35 |
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55 | 55 | | functions on behalf of its citizens and not bureaucratic control.36 |
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56 | 56 | | (f) Any attempt to suppress a member of the General Assembly's ability to file and37 |
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57 | 57 | | introduce legislation shall be subject to judicial review under both state and federal38 |
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58 | 58 | | constitutional protections, and members of the General Assembly shall have standing to39 |
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59 | 59 | | challenge any such attempt in court, with legal representation to be provided by the40 |
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60 | 60 | | Legislative Constitutional Counsel's Office.41 |
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61 | 61 | | H. B. 713 |
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62 | 62 | | - 2 - 25 LC 28 5001 |
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63 | 63 | | (g) Any procedural attempt by the General Assembly to override this Code section without42 |
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64 | 64 | | a recorded vote shall be deemed null and void.43 |
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65 | 65 | | 28-1-18.44 |
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66 | 66 | | (a) To ensure transparency and accountability in the General Assembly, the election of the45 |
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67 | 67 | | following positions shall require a physical, recorded vote of the house of the General46 |
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68 | 68 | | Assembly to which it is applicable:47 |
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69 | 69 | | (1) Speaker of the House of Representatives;48 |
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70 | 70 | | (2) Speaker Pro Tempore of the House of Representatives; and49 |
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71 | 71 | | (3) President Pro Tempore of the Senate.50 |
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72 | 72 | | (b) In addition, the adoption or amendment of the rules for a house of the General51 |
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73 | 73 | | Assembly shall require open debate and a physical, recorded vote and, to be effective, must52 |
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74 | 74 | | receive approval by at least a two-thirds' majority vote of the body. The vote shall be53 |
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75 | 75 | | conducted publicly, and individual votes shall be entered into the legislative journal to54 |
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76 | 76 | | ensure accountability to constituents. Any rule or policy that eliminates or restricts such55 |
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77 | 77 | | recorded vote on such items shall be void and unenforceable.56 |
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78 | 78 | | 28-1-19.57 |
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79 | 79 | | (a) There is established the position of Legislative Constitutional Counsel. The Legislative58 |
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80 | 80 | | Constitutional Counsel shall be a member in good standing of the State Bar of Georgia. 59 |
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81 | 81 | | The Legislative Constitutional Counsel shall provide independent legal support to all60 |
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82 | 82 | | members of the General Assembly and shall advise and defend members of the General61 |
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83 | 83 | | Assembly in matters concerning constitutional rights, legislative procedures, and potential62 |
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84 | 84 | | legal violations which would affect the ability of such members to represent their63 |
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85 | 85 | | constituents.64 |
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86 | 86 | | H. B. 713 |
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87 | 87 | | - 3 - 25 LC 28 5001 |
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88 | 88 | | (b) The Legislative Constitutional Counsel shall not be subject to oversight or control by65 |
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89 | 89 | | the executive branch of government or any partisan leadership positions of the General66 |
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90 | 90 | | Assembly but shall instead be accountable only to the General Assembly as a whole.67 |
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91 | 91 | | (c) The Legislative Constitutional Counsel shall be appointed by a two-thirds' majority68 |
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92 | 92 | | vote of the House of Representatives and the Senate and shall not be removed without due69 |
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93 | 93 | | cause and a two-thirds' majority vote of the House of Representatives and the Senate.70 |
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94 | 94 | | (d) The Legislative Constitutional Counsel shall have such compensation and benefits as71 |
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95 | 95 | | may be provided by the General Assembly and shall have such staff and office space as72 |
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96 | 96 | | may be provided by the General Assembly."73 |
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97 | 97 | | SECTION 3.74 |
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98 | 98 | | This Act shall become effective upon its approval by the Governor or upon its becoming law75 |
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99 | 99 | | without such approval.76 |
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100 | 100 | | SECTION 4.77 |
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101 | 101 | | All laws and parts of laws in conflict with this Act are repealed.78 |
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102 | 102 | | H. B. 713 |
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103 | 103 | | - 4 - |
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