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January 15, 2003 For more information contact: 404-817-6133 404-817-6247 404-817-6257 404-817-6170 |
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Day three passed, without a whole lot of controversy.
Governor Perdue made his Budget address to the Joint Session at Newly Introduced Legislation
HB 12 – In an effort to address “alien” citizens
wishing to get a driver’s license, Rep. Franklin has authored an amendment to
O.C.G.A. § 40-5-1(15) concerning
residents who can apply for motor vehicle driver’s licenses.
This bill provides that an alien with documented proof of legal
authorization from the U.S. Immigration and Naturalization Service shall be
considered a resident for the purposes of obtaining a driver’s license.
Additionally, this bill proposes to require that driver’s licenses
issued on or after HB 13 – Businesses employing minors may have to follow new requirements if Rep. Franklin’s bill passes amending O.C.G.A. § 39-2-11. No employment certificate can be issued to any minor unless the minor has submitted to the issuing officer the following: 1) certified copy of his or her birth certificate or birth registration card; 2) statement from the prospective employer indicating that the employer were furnished with a certificate from the school superintendent that the employer could employ the minor immediately and describing the job offered (just furnishing this does not mean that the employer must undertake the minor under its employment for a certain time period); and 3) written permission from the minor’s parent or legal guardian. HB 43 – This bill by Rep. Channell offers an exemption
for the State’s sales and use tax to those nonprofit organizations (which are
501(c)(3)) when such organizations are engaged in archeological exploration and
preservation. This measure has been
forwarded to the HB 45 – Rep. Childers authored this amendment to
Commission on Men’s Health, as found in O.C.G.A. § 31-43-8, to amend how the
Commission selects its presiding officer. Currently,
the person is elected by the members of the Commission to serve annually.
This proposal changes the term of office to follow O.C.G.A. § 31-43-7
(a) (which reflects that members who are not members of the General Assembly
serve for three year terms; member of the General Assembly serve for two year
terms). Successors for the presiding
offer of the Commission is to be elected prior to the expiration of the
presiding officer’s term. HB 49 – Rep. Buckner has authored an amendment to O.C.G.A.
§ 21-2-3(b) which would make it unlawful for a person “to conduct a campaign
activity including, but not limited to, a campaign fundraising activity or a
campaign press conference, on the grounds of a facility providing care for
children in the State’s custody.” If
a person violates such, this would be a misdemeanor. HB 52 – Reps. Mills and others have offered this
amendment to Chapter 12 of Title 16 to insert the Woman’s Right to Know Act.
This requires that written information be provided to a woman prior to an
abortion and that the female must give her informed consent prior to the
abortion procedure. Further, the
female must sign a written acknowledgement of the information.
The information must be provided personally at least 24 hours prior to
the abortion or be mailed to the female at least 72 hours prior to the abortion,
by certified mail, restricted delivery to the addressee.
There is an exception when a medical emergency compels the performance of
the abortion if such 24 hour delay may create serious risk of substantial and
irreversible impairment of a major bodily function. The bill also requires
physicians to report abortion procedures and the numbers of females that the
physician has provided information concerning such procedure to the Department
of Human Resources. The Department
of Human Resources would be required to issue a report on June 30 of each year
providing statistics gathered from such data on the numbers of procedures, etc.
It also establishes that if a person knowingly or recklessly performs or
attempts to perform an abortion in violation of this Article, then he or she
shall be guilty of a felony. If a
physician knowingly or recklessly submits a false report to the Department, then
he or she will be guilty of a misdemeanor. There
is also language establishing a civil cause of action.
See O.C.G.A. § 16-12-157 which allows that any person upon whom an
abortion has been performed, without complying with this article, the father of
the unborn child who was the subject of such an abortion, or the grandparent of
such an unborn child may maintain an action against the person who performed the
abortion in knowing or reckless violation of this article for actual and
punitive damages. The Department may
also be sued in an injunctive action (against the Commissioner for the
Department) by a group of ten or more citizens if it fails to issue the report
required. In any civil or criminal
proceeding or action brought under this Bill, the court is given the power to
rule whether the anonymity of the female upon whom an abortion has been
performed (or attempted) shall be preserved from public disclosure (if the
female does not give her consent). HB 53 – Rep. Childers dropped this amendment to Article 6
of Chapter 5 of Title 44 of the Code in an effort to amend current law on who
may serve on the Advisory Board on Anatomical Gift Procurement.
Currently, it consists of a representative from each of the following: an
eye bank; tissue bank; bone bank; organ procurement organization; hospitals;
medical profession; Dept. of Human Resources; Dept. of Community Health; medical
examiner; and a consumer. The
proposal is that the consumer be specifically a recipient of an organ. HB 54 – Rep. Childers has offered an amendment to O.C.G.A.
§ 31-23-3 concerning who may operate eye banks.
The amendment states that such facility, hospital, or medical school must
be a nonprofit organization and must not be a subsidiary of a for-profit
corporation or business entity. HB 56 – Rep. Childers has proposed an amendment to
O.C.G.A. § 31-44-3 to change who must serve on the Renal Dialysis Advisory
Council. This changes the
requirement that one person be recommended by the Georgia Chapter of the
American Association of Kidney Patients to one member recommended by the Georgia
Association of Kidney Patients. HB 58 – Rep. Buckner also authored an amendment to
O.C.G.A. § 48-2-85 concerning tax liens so that in “in any case where it has
been finally determined either judicially or administratively that a
taxpayer’s property has erroneously been made subject to a state tax lien, the
commissioner shall not correct the department’s records regarding the taxpayer
merely to reflect that the issue has been resolved but shall affirmatively
remove all such references from such records.” HB 59 – Reps. Jamieson, Royal, Houston, Buck and Sims
authored this amendment to O.C.G.A. § 48-7-120 concerning failure of payment of
estimated income taxes so that subsection (b) would read that the amount of the
underpayment would be the lesser of paragraph (1) of the subsection or an amount
equal to 100% of the tax shown on the return of the taxpayer for the preceding
taxable year over paragraph (2)…” HB 61 – Reps. Franklin, Joyce and Massey authored this
new section to be inserted at O.C.G.A. § 50-1-8 so as to require that no state
agency may require any person to disclose his or her Social Security number,
except for taxation purposes. HB 62 – Reps Franklin and Joyce authored this measure
amending O.C.G.A. § HB 63 – This is another bill relating to abortion,
authored by Rep. Franklin. This
proposes to create the “Due Process and Equal Protection Restoration Act of
2003.” Among its provisions it
defines “abortion” as the “intentional termination of human pregnancy with
an intention other than to produce a live birth or to remove a dead fetus;
provided, however, that if a physician makes a medically justified effort to
save the lives of both the mother and the fetus and the fetus does not survive,
such action shall not be an abortion.” It
would require a ‘death warrant’ be issued by a superior court providing for
an execution and would require that a physician could not perform an execution
unless such death warrant was issued. The
person seeking to have the execution would have to first seek a grand jury
indictment against the fetus for the commission of an offense for which the
death penalty can be given. HB 64 – This proposal by Reps. Buck and Royal amends
provisions regarding general definitions for revenue and taxation as found at
O.C.G.A. § 48-1-2. This bill is expected to e used as a vehicle for other tax
proposals as they emerge. HB 65 – Reps. Buck and Royal offered this amendment to
O.C.G.A. § 48-11-1 concerning cigar and cigarette taxes.
This amendment deals with changes in definitions. HB 66 – Reps. Buck and Royal propose to amend O.C.G.A. §
48-12-1 in an effort to change a definition relating to estate tax.
It would require that the “federal filing date” mean the date by
which the federal estate tax return must be filed as required by the Internal
Revenue Code. HB 68 – Rep. Buck has another proposal on the State’s
administration and enforcement of revenue and taxation as found at O.C.G.A. §
48-2-1. HB 69 – Reps. Buck and Royal are proposing a change to
O.C.G.A. § 48-13-50.2 concerning excise taxes on rooms, lodgings, and
accommodations. This changes
definitions of ‘innkeeper’ and ‘promoting tourism, conventions, and trade
shows.’ HB 70 – Reps. Buck and Royal have introduced an amendment
to Article 5 of Chapter 13 of Title 48 of the Code relating to excise taxes on
rental of motor vehicles, which are vehicles designed to carry ten or fewer
passengers and used primarily for the transportation of persons that is rented
or leased without a driver regardless of whether such vehicle is licensed in
this state. HB 73 – Another bill by Reps. Buck and Royal with this
one dealing with O.C.G.A. § 48-4-1 concerning procedures for sales under tax
levies and executions. HB 74 – Rep. Buck authored this amendment to tax
executions found at O.C.G.A. § 48-3-1 and how such may be issued. HB 76 – Another Tax Code amendment by Reps. Buck and
Royal, this amends O.C.G.A. § 48-8-2 relating to sales and use taxes.
In this, it defines “business” as “any activity engaged in by any
person or caused to be engaged in by any person with the object of direct or
indirect gain, benefit, or advantage.” HB 77 – Reps. Buck and Royal propose to amend O.C.G.A. §
48-6-1 regarding taxes imposed on real estate transfers. HR 2 – Reps. Franklin and Massey proposed a
constitutional amendment in an effort to refreeze the existing residential real
property values and to require that residential real property and interests be
appraised for ad valorem taxation purposes at fair market value “as of the
date of the owner’s acquisition thereof and shall be assessed for ad valorem
taxation purposes at 40% of that fair market value.”
This proposal would be inserted at Article X, Section I, Paragraph II of
the State’s Constitution. HR 3 – Reps. Franklin and Joyce authored this
Constitutional Amendment in an effort to provide that salaries of teachers may
be supplemented with private funds donated to a nonprofit organization
established as a 501(c)(3) of the Internal Revenue Code of 1986.
This paragraph change in the Constitution would be found at Article VIII,
Section I, Paragraph II: “The
salaries of teachers may be supplemented with private funds donated to a bona
fide nonprofit organization established under Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended.” HR 4 – Rep. Royal has authored a proposed Constitutional
Amendment to be inserted at Article IX, Section IV, Paragraph V:
“Limitations on millage rate or valuation increases. (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 4 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 4 percent per year. (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 5 – Rep. Royal also proposed this Constitutional
Amendment to Article IX, IV, Paragraph V: “limitations
on millage rate or valuation increases. (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…” HR 6 – Rep. Royal authored this proposed Constitutional
Amendment to be inserted at Article IX, Section IV, Paragraph V.
This proposal is the same as HR 4 except that such limitation on millage
rate or valuation increases would be capped at 5 % per year. HR 14 – Reps. Channell and Hudson authored this
Resolution commending HR 21 – Rep. Buck has proposed an amendment to the
State’s Constitution regarding
family ownership of farms which qualify preferential assessments for property
when such is devoted to agricultural purposes.
His amendment would change Article VII, Section I, Paragraph III
(c)(1)(B), thus expanding definition for additional types of family ownership,
to: “A family owned farm entity,
such as a family corporation, a family partnership, a family general
partnership, a family limited partnership, a family limited corporation, or a
family limited liability company, all of the interest of which is owned by one
or more natural or naturalized citizens related to each other by blood or
marriage within the fourth degree of civil reckoning, except that, solely with
respect to a family limited partnership, a corporation, limited partnership,
limited corporation, or limited liability company may serve as a general partner
of the family limited partnership and hold no more than a 5 percent interest in
such family limited partnership, an estate of which the devisees or heirs are
one or more natural or naturalized citizens, or a trust of which the
beneficiaries are one or more natural or naturalized citizens and which family
owned farm entity derived 80 percent or more of its gross income from bona fide
agricultural pursuits, including earnings on investments directly related to
past or future bona fide agricultural pursuits, within this state within the
year immediately preceding the year in which eligibility is sought; provided,
however, that in the case of a newly formed family farm entity, an estimate of
the income of such entity may be used to determine its eligibility.” SB 8 – Sens. Shafer and others authored this in an effort
to create zero-base budgeting process.
It proposes to require that the Governor make use of zero-base budgeting
and would apply to the budget report presented to the General Assembly in
January 2004 and each fourth year thereafter. The new language proposes that
each Governor shall during his or her second year of his or her term present a
budget report which incorporates zero-base budgeting.
In the years where this would apply, the budget would be required to
include in the budget estimate an analysis summarizing past and proposed
spending plans by program and the means of financing the proposed plans.
Further, it would require a statement of the budget unit’s departmental
and program objectives, effectiveness measures, and program size indicators,
three alternative funding levels for each program, and a priority listing
encompassing all alternative funding levels for all programs.
This proposal would be in a new Code Section 45-12-75.1. SR 12 – Sens. Shafer, Cagle, Lamutt, Balfour, Tanksley,
and others offered this Resolution amending the State’s Constitution in an
effort to propose that “no law proposing or increasing any state purpose tax
as defined by general law shall take effect unless and until approved by
two-thirds’ of the members of each branch of the General Assembly in a
roll-call vote.” This amendment is
proposed for Article VII, Section I, Paragraph I (b).
Some of the biggest news from the Senate, dealt with the naming of the
new Committee Chairs. A listing is
as follows: Agriculture & Consumer Affairs: John Bulloch Appropriations: Jack Hill Banking & Financial Institutions: Don Cheeks Children & Youth: Ginger Collins Economic Development & Tourism: Jeff Mullis Education: Joey Brush Ethics & Government Reform: Mike Crotts Finance: Casey Cagle Health & Human Services: Don Thomas Higher Education: Bill Hamrick Insurance & Labor: Robert Lamutt Interstate Cooperation: Ed Harbison Judiciary: Charlie Tanksley Natural Resources: Hugh Gillis Public Safety & Homeland Security: Rooney Bowen Reapportionment & Redistricting: Dan Lee Regulated Industries & Utilities: Mitch Seabaugh Retirement: Ralph Hudgens Rules: Don Balfour Science & Technology: David Shafer Special Judiciary: Rene’ Kemp State & Local Government Operations: Rene’e Unterman State Institutions & Property:
Transportation: Tommie Williams Veterans & Military Affairs:
Seth Harp Budget News
Governor Perdue spoke to the Joint Session this morning and
released some of his initial ideas relating to the Budget.
Some of the highlights include: · $8.8 billion for education · $1.7 billion for Medicaid in 2004 ·
$18.6 million for the · $11.2 million to implement the Olmstead decision · $2.3 million for community-based services for nursing home eligible persons · $5.6 million for the State to conduct assessments of folks eligible for community-based services · $52.1 million of Tobacco Settlement dollars for the OneGeorgia Authority to help economically challenged areas ·
$100 million for road improvements Governor Perdue plans to use $138 million in the State’s
reserves to help with Budget shortfalls for 2003 and to use $142 million of the
State’s reserves to assist with the 2004 Budget.
This is being done in an effort to maintain the State’s Triple AAA Bond
rating. The current $7.00 reduction allowed for persons getting
their Driver’s Licenses when they opt to be an organ donor will be eliminated.
Governor Perdue explained that this was really not an incentive for being
an organ donor and this would generate an additional $4.4 million in revenue. Additionally, Governor Perdue intends that a temporary
increase be made on excise taxes for tobacco and alcohol products for four
years. This will generate about
$91.5 million and $387 million respectively.
This is approximately $.588 per pack of cigarettes. Specific Highlights
from 2003 Supplemental Budget: Department
of Community Health The following are proposed reductions: 1.
Increase contributions from governmental entities participating in the
Medicaid program by utilizing upper payment limit (UPL) credits to obtain
federal matching funds ($73,000,000) 2.
Eliminate nursing home liability insurance adjustments (eff. 3.
Reduce the average monthly primary care case management payments to
Georgia Better Health Care (“GBHC”) physicians from $3.00 to $2.00 per
member (eff. Feb. 1, 2003) ($1,350,333 in State monies; with federal dollars
this is $3,333,333) 4)
Reflect the revised projected cost for the implementation and operation
of the Department’s medical health network ($901,855; with federal dollars
this is $3,607,420) There is $259,178,360 for increased State funding for
Medicaid Benefits to fund the projected cost of incurred claims for prior years
and the projected cash need for FY 2003 claims (with federal dollars this is
$594,663,555). Current: $1,517,099,676 Revised:
$1,693,521,216 Department of
Human Resources Public Health Division: The following are some of the recommended reductions: 1.
Reduce Grant-In-Aid funding for county boards of health ($2,754,692) 2.
Reflect the receipt of additional federal family planning funds
($1,000,000) 3.
Reduce funding on various contracts: a. Visiting Nurse Health System for the medically indigent ($172,803) b.
AID c.
Air ambulance service in 4.
Eliminate funding for various contracts: a. Technical assistance for universal hearing screening ($103,000)
b. Air
ambulance service in 5.
Eliminate State lab services for pre-marital testing ($204,080) There is an addition of $1,261,717 for the provision of
funds to replace lost Indigent Care Trust Fund earnings for the Children 1st
Program (with federal dollars this is $4,016,043). Division of Mental Health, Developmental Disabilities,
and Addictive Diseases: Proposed reductions are: 1.
Reduce funding for a residential substance abuse facility in 2.
Consolidate the administration of the 3.
Reflect savings from a one-time modified hiring freeze for
hospitals/state office ($1,454,837) Other items proposed: 1.
Reflect a one-time increase in federal Medicaid reimbursement for
services provided by State intermediate care facilities for the mentally
retarded ($2,559,776) Total funds for the Division: Current: $626,162,410 Revised:
$617,999,194 Specific Highlights
from 2004 Budget: Department of
Community Health The following are some of the proposed reductions: 1.
Increase contributions from governmental entities participating in the
Medicaid program by utilizing upper payment limit (UPL) credits to obtain
federal matching funds ($61,266,268) 2.
Reduce reimbursement rates by 10% for providers of the following Medicaid
services (this will be a total of $277,889,041 with federal dollars) – here
are a few providers impacted: a) inpatient hospital care ($43,791,314) b) private nursing home care ($33,230,940) c) physician and physician-related services ($27,093,601) d) home health care ($417,011)
e) adults
with AIDS case management ($12,529) 3.
Reflect additional savings from the capitated reimbursement of pharmacy
expenditures in long-term care settings ($6,871,400 and with federal dollars
this is $17,000,000) 4.
Eliminate nursing home liability insurance adjustments ($6,275,128 and
with federal dollars this is $15,524,810) Other adjustments: 1.
Increase state funding for Medicaid benefits to fund the projected cash
need for FY 2004 claims in the amount of $276,239,700;
with federal dollars this is $645,508,906. 2.
Increase Medicaid Benefits to reflect a change in the federal financial
participation rate in the amount of $8,708,305. 3.
Fund Medicaid claims incurred in FY 2003 but not billed to the Department
for payment until FY 2004 in the amount of $104,612,663; with federal dollars
this is $258,814,109. Enhancements: 1.
Apply a 3.2% inflationary increase to the FY 2003 reimbursement rates for
inpatient hospital services in the amount of $14,153,352; with federal dollars
this is $35,015,715 2.
Apply a 4.5% inflationary increase to the FY 2003 reimbursement rate for
physicians and physician-related providers in the amount of $12,835,623; with
federal dollars this is $31,755,623 3.
Apply a 3.2% inflationary increase to the FY 2004 continuation level for
private nursing facilities (The FY 2004 continuation level is calculated by
applying an inflation factor of 4.725% to the FY 2001 cost report.) in the
amount of $9,541,263; with federal dollars this is $23,605,302 4.
Increase funding for nurse aide training to comply with federal
requirements that the State reimburse nursing facilities for their related costs
in the amount of $200,000; with federal dollars this is $400,000 5.
There is $3,195,341 for the provision of community-based residential care
to 145 private nursing home residents who are clinically able to live in a more
integrated community setting and have expressed a desire to move (with federal
dollars this is $7,905,346) Total for Department for 2004: $1,748,998,317 Department of
Human Resources The following are proposed reductions: 1.
Reduce Grant-In-Aid funding for county boards of health ($2,863,212) 2.
Eliminate funding for the following contracts: a) Technical assistance for universal hearing screening ($103,000) b) Air ambulance service in Atlanta ($100,000) c) Air ambulance service in Savannah ($100,000) d) Scoliosis screening of children in metro Atlanta ($86,000)
e) Visiting
Nurse Health System for the medically indigent ($223,806) Enhancements: 1.
Provide funds for the Tobacco Use Prevention Program (Div. Of Public
Health) $2,484,993 2.
Replace lost Indigent Care Trust Fund earnings for the Children 1st
Program in the amount of $1,261,717 (with federal dollars this is $4,016,403) Total funds for the Department for 2004:
$1,461,729,622 Regents,
University System of Georgia The following are some points of interest: 1.
Georgia Research Alliance is recommended to receive $750,000 for one
additional eminent scholar and $18,400,000 in bonds for equipment related to the
Georgia Research Alliance and Traditional Industry Program research priorities. 2. $8,600,000 is recommended for the Paul D. Coverdell Building for Biomedical and Health Sciences at the University of Georgia and $8,600,000 for the Cancer Research Center at the Medical College of Georgia. |
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