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January 14, 2003 For more information contact: 404-817-6133 404-817-6247 404-817-6257 404-817-6170 |
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Today, Legislators survived day 2 of the 2003 Session. The
day kicked off with the traditional “Eggs and Issues” Breakfast sponsored by
the Georgia Chamber of Commerce with approximately 2,300 persons in attendance.
Governor Perdue, Lt. Governor Taylor, Speaker Coleman, and President Pro
Tem Johnson all provided remarks at the breakfast with some of the most
interesting remarks came from Sen. Johnson regarding the Senate’s plans to
file Legislation regarding tort or “civil justice” reform. This breakfast
followed an evening Inaugural Celebration of eating and dancing in the World
Congress Center with 20,000 of the Governor’s closest friends and family
members. The General Assembly,
however, convened to conduct the State’s business at Newly Introduced Legislation
HR 7 – Rep. Hembree authored this proposed Constitutional
Amendment relating to rate increases for the ad valorem tax millage rate and
value of property in Article IX, Section IV by adding a new paragraph V: “(a) Notwithstanding any other provision of this Constitution to the contrary, the General Assembly shall be authorized to provide by general or local law for any or all of the following: (1) Limitations upon the rate of increase of the ad valorem tax millage rate for county or municipal purposes or both not to exceed from one taxable year to the succeeding taxable year a percentage greater than any change in the rate of economic inflation on individual taxpayers as determined by the state revenue commissioner. For such purpose, the state revenue commissioner may use the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor and any other reliable economic indicator determined by the state revenue commissioner to be appropriate. Such limitations may only be exceeded if approved by a majority vote of the qualified electors residing within the limits of the applicable local taxing jurisdiction voting in a referendum thereon; or (2) Limitations upon the rate of increase in the value of property for ad valorem taxation for county or municipal purposes or both, excluding any additions or improvements thereto, not to exceed from one taxable year to the succeeding taxable year a percentage greater than any change in the rate of economic inflation on individual taxpayers as determined by the state revenue commissioner. For such purpose, the state revenue commissioner may use the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor and any other reliable economic indicator determined by the state revenue commissioner to be appropriate. (b) The limitations authorized
under this Paragraph shall not apply to increases necessary to fund federal or
state mandates on such county or municipality for which no or insufficient
federal or state appropriations have been made or to fund expenditures
necessitated by natural disasters.” HR 8 – Rep. Hembree also introduced this proposed
Constitutional Amendment which would change Article IX, Section IV by adding a
new Paragraph V: This would be
entitled: limitations on millage
rate or valuation increases. The
Amendment proposes to state: “(a)
Notwithstanding any other provision of this Constitution to the contrary,
the General Assembly shall be authorized to provide by general or local law for
any or all of the following: (1)
Limitations upon the rate of increase of the ad valorem tax millage rate
for county or municipal purposes or both not to exceed 5 percent per year unless
approved by a majority vote of the qualified electors residing within the limits
of the applicable local taxing jurisdiction voting in a referendum thereon; or (2)
Limitations upon the rate of
increase in the value of property for ad valorem taxation for county or
municipal purposes or both, excluding any additions or improvements thereto, not
to exceed 5 percent per year. (b) The limitation authorized
under this Paragraph shall not apply to increases necessary to fund federal or
state mandates on such county or municipality for which no or insufficient
federal or state appropriations have been made or to fund expenditures
necessitated by natural disasters.” HR 11 - Reps. Skipper,
Orrock and Porter introduced this measure indicating a change in the House Rules
relating to Committees to be established under Rule 5.
The new listing of proposed Committees, which eliminates the House
Industry Committee, consists of: Administrative Services Arts and Humanities Economic Development and Tourism Public Utilities Agriculture and Consumer Affairs Appropriations Banks & Banking Children & Youth Defense and Veterans Affairs Education Ethics Game, Fish & Parks Governmental Affairs Health & Ecology Higher Education Human Relations and Aging Industrial Relations Insurance Interstate Cooperation Intragovernmental Coordination Journals Judiciary Legislative and Congressional Reapportionment Motor Vehicles Natural Resources & Environment Public Safety Regulated Beverages Retirement Rules Special Judiciary State Institutions and Property State Planning and Community Affairs Transportation Ways and Means HB 1 – Rep. Franklin introduced this amendment to Article
6 of Chapter 5 of Title 16 of the Code in an effort to require that any person
seeking an abortion performed must first file a petition to the Superior Court.
A guardian ad litem would be established for the fetus and the Bill
provides that the court shall balance the rights of the fetus against the rights
of the person seeking to have the abortion procedure performed. HB 2 – 5 and HB 7 - 10 were also introduced by Rep.
Franklin and each deals with certain tax proposals.
HB 2 amends Chapter 7 of Title 48 so as to allow for a gradual reduction
of the state income tax rate for individuals, fiduciaries, partnerships, and
corporations over a period of years and would abolish the state income tax
effective for tax years beginning on and after January 1, 2021.
HB 3 proposes to create the “State Sovereignty and Federal Tax Funds
Act” in Title 50. HB 4 relates to
taxable net income of an individual taxpayer or a foreign corporation or
domestic corporation and would not include income attributable directly to a
capital gain. HB 5 amends Code
Section 48-7-27 so as to provide that income of taxpayers who are 65 and older
will not be subject to the state income tax.
[HB 6 exempts pension or retirement funds or benefits from garnishment,
until certain payment or transfer thereof; this amendment is proposed to be
inserted at O.C.G.A. § 18-4-22.] HB
7 is an attempt to eliminate the state income tax withholding requirements with
respect to taxpayers, employees, and employers and would also eliminate
estimated tax requirements. HB 8
contains language which would provide a homestead exemption, for the full value,
for certain senior citizens with respect to all ad valorem taxes.
HB 9 proposes to provide that military income received by a taxpayer who
is a full or part time member of the military service or armed services of the
United States, or any reserve unit, shall not be subject to the state income
tax. HB 10 proposes to amend Article
3 of Chapter 5 of Title 28 to require the Georgia Fiscal Note Act and a
statement to be attached to any bill introduced which would result in the
expenditure of state monies. If such
bill proposes expenditures without a fiscal note, then the bill would be out of
order. HB 15 – Another piece of legislation authored by Rep.
Franklin proposes that it will be unlawful for any unit of “state government
to contract for or use public funds to pay for the services of any person to
promote or oppose the passage of any legislation by the General Assembly, or any
committee thereof, or the approval or veto of legislation by the Governor.”
This bill would amend Chapter 7 of Title 28.
Thus, this proposes to eliminate contract lobbyists for State offices. HB 16 – Rep. Franklin proposes an amendment to O.C.G.A.
§ 34-8-35 concerning Employment Security Law so as to exclude services
performed by certain corporate officers who are exempt from workers’
compensation coverage. HB 17 – Rep. Franklin also proposes to prohibit the
naming or renaming of state property for any elected public official unless he
or she has been out of office for at least 25 years or is deceased.
This amendment would change current provisions found in Article 1 of
Chapter 16 of Title 50. HB 18 – Rep. Bridges introduced this bill amending
Chapter 10 of Title 31 so as to enact the “Baby’s Right to Know Act.”
This would require an unmarried mother to identify the name of the
baby’s father and it would also provide for county health departments to
locate putative fathers. HB 23 – Rep. Walker has introduced a proposal to amend
Chapter 12 of Title 16 in an effort to require that a female give her informed
consent prior to an abortion. HB 37 – Rep. Ehrhart and others introduced an amendment
to Part 1 of Article 6 of Chapter 5 of Title 49 in an effort to prohibit
governmental discrimination against youth organizations.
The bill adds a new Code Section at 49-5-136.
It defines “youth organization” as “any private nonprofit
corporation engaged in expressive association, the general mission of which is
to instill in young people values including patriotism, adherence to ethical and
moral principles, physical health, and mental development through a program of
instruction, engagement in outdoor activities, and community service.”
Further, the bill states that neither the “state or any political
subdivision thereof nor any department, agency, authority, or commission of
either of them shall deny any youth organization or local chapter or affiliate
thereof access to or use of public facilities or eligibility for charitable
grants or contributions otherwise authorized by law based upon such
organization’s requiring, as a condition of membership or employment,
adherence to lawful standards of ethics and morals expressed by the
organization.” HB 43 – Rep. Channell has introduced an amendment to the Tax Code in Code Section 48-8-3 that adds a new designated paragraph (7.3), relating to exemptions from state sales and use tax which would allow certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation. SB 2 – Sens. Stephens and Price have dropped this bill
amending Chapter 2 of Title 28 concerning apportionment.
This bill proposes to strike subsection (a) of Code Section 28-2-2 which
contains the descriptions of the senatorial districts 1 through 56 and in its
place insert the description of senatorial districts 1 through 56, as enacted by
an Act approved on August 24, 2001 (Ga.L. 2001, Ex. Sess., p. 2). SB 4 – Sen. Carol Jackson authored this measure amending
Chapter 11 of Title 31 to provide for the licensure and regulation of air
ambulance services. The bill
establishes requirements for licensure, definitions, renewals of licenses,
staffing requirements, operating requirements,
insurance coverage requirements, annual license fees, standards for
communication, protection against infectious disease exposure, and equipment and
supplies for air ambulances, requirements for reports and record keeping,
personnel certification and qualification requirements, employment requirements,
including that of a medical director, provisions for suspension or revocation of
licenses, provisions for administrative remedies for aggrieved parties,
provisions concerning re-licensing for 24 months or more for failure to comply
with licensing requirements, etc. The
bill defines “air ambulance” and “air ambulance service:” “Air ambulance means any rotary
wing aircraft used or intended to be used for transportation of sick or injured
persons who may need medical attention during transport and “air ambulance
service” means the providing of emergency care and transportation by means of
an air ambulance for an injured or sick person to or from a place where medical
or hospital care is furnished.” SR 1 – Sen. Harp offered this Constitutional Amendment
“to allow public money to be used by religious or sectarian organizations and
denominations and houses of worship for the purpose of providing public health
or social services to people in need without regard to any recipient’s
religious affiliation, belief, practice, or lack thereof provided that no such
public money shall be used for sectarian worship, instruction, or
proselytization.” This would be
created in Article I of Section II in a new paragraph VII, dealing with Church
and State. “Separation of church and state.
No money shall ever be taken from the public treasury, directly or indirectly,
in aid of any church, sect, cult, or religious denomination or of any sectarian
institution. However, nothing in this Paragraph or any other provision of this
Constitution shall prohibit the use of money from the public treasury to support
public health or social service programs for people in need which are provided
without regard to any recipient’s religious affiliation, belief, practice, or
lack thereof by religious or sectarian organizations, religious denominations,
or individual houses of worship, provided that no such public money shall be
used for sectarian worship, instruction, or proselytization.” SR 5 – Sens. Johnson, Price and Balfour authored Rule
changes for the Senate. Some of
these include the following revisions:
Rule 1 – This used to allow the Decorum Committee to be made up of the
President of the Senate (Lt. Governor) who chaired this Committee, the President
Pro Tempore, the Majority Leader, the Minority Leader, the Majority Whip, and
the Chairman of the Rules Committee. The
Resolution eliminates the Lt. Governor from this role and allows the President
Pro Tempore (now Sen. Eric Johnson) to chair this Committee which oversees such
things as groups which are introduced or allowed to address the Senate.
Rule 20 – This requires that the President shall “recognize the
President Pro Tempore, the Majority Leader, and the Minority Leader, in that
order of precedence, should any of them rise to speak, prior to recognizing any
other Senator.”
Rule 25 – This Rule deals with appointment of committees, officers of
committees, and subcommittees, and members of committees.
This was previously done by the Lt. Governor.
Under this Resolution, these appointments will be made by the Committee
on Assignments, provided that the chairperson of a standing committee may
appoint subcommittees in cases not provided by the Committee on Assignments
(which is composed of the President Pro Tempore as Chairman, the President of
the Senate, and the Majority Leader). The
actions of the Committee on Assignments are to be reported to the Senate by the
President Pro Tempore, as necessary and such Committee’s meetings are not
required to be open to the public.
Rule 185 – The Senate’s Committee on Assignments will appoint the
following standing committees: Agriculture and Consumer Affairs Appropriations Banking and Financial Institutions Children & Youth Economic Development and Tourism Education Ethics Finance Health and Human Services Higher Education Insurance and Labor Interstate Cooperation Judiciary Natural Resources and the Environment Public Safety and Homeland Security Reapportionment and Redistricting Regulated Industries and Utilities Retirement Rules Science and Technology Special Judiciary State and Local Governmental Operations Transportation Veterans and Military Affairs The following Committees were eliminated:
Corrections, Correction Institutions, and Property; and Defense, Science
and Technology. Governor Perdue has been busy
issuing some Executive Orders since taking Office. These include the
reappointment of David Poythress as the Adjutant General.
Additionally, Governor Perdue rescinded Governor Barnes’ Executive
Order entered on July 12, 2000, thus restoring independence to a number of
Departments and Agencies, which had previously been vested in the Commissioner
of Public Safety. The July 12, 2000
Order provided that the Commissioner of Public Safety have the responsibility
for oversight and coordination of state law enforcement and support agencies
including the Dept. of Public Safety, the GBI, the Criminal Justice Coordinating
Council, the Georgia Building Authority Police Department, the Dept. of Juvenile
Justice Office of Law Enforcement Services, and the Governor’s Office of
Highway Safety. He also issued the Order creating
the Office of State Inspector General which “office is established to examine,
investigate, and make recommendations with respect to the prevention and
detection of fraud, waste, abuse, and corruption in the Governor’s Office and
the agencies of state government but specifically excluding the General Assembly
and any court.” Governor Perdue
appointed Brigadier General James E. Sehorn, United States Air Force (Retired)
as the State’s first Inspector General. Governor Perdue also held true to
a promise concerning ethics in government. He
issued another Executive Order concerning restoration of the “public’s trust
in state government, elected officials, and state employees.”
His Order proposes to strengthen ethics in state government by: · Implementing a one-year revolving door prohibition on lobbying by former government officers · Prohibiting campaign contributions by judicial appointment candidates · Prohibiting nepotism by barring any advocacy by a government employee on behalf of a government-job-seeking family member · Prohibiting gifts greater than a $25.00 value · Prohibiting outside contract lobbyists for State agencies · Requiring lobbyists to bring their clients to meetings with the Governor · Prohibiting honoraria for all employees · Prohibiting private Board service for compensation by government employees |
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