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February 14, 2003 For more information contact: 404-817-6133 404-817-6247 404-817-6257 404-817-6170 |
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Greetings from under the Gold Dome – the 17th Day of the Legislative Session! Legislators were hastily working through their calendars today in an effort to return to their homes for the weekend, in part to celebrate Valentine's Day. Next week, however, will be a short week with Legislators taking off from Wednesday, February 19 and not returning until Wednesday, February 26, 2003. This "time off" is an effort to handle some of the Budget issues. Today was Domestic Family Violence Day at the Capitol. Helen Sloat is the President of The Partnership Against Domestic Violence. Sen. David Adelman of Atlanta introduced a bill to police the practice of phone companies listing shelters inadvertently in their directories, which has been a repeated problem. Floor NewsHB 225, proposes to increase the membership of the Georgia World Congress Center Authority Overview Committee from six Legislators to ten. Currently, this Committee has three members from the House of Representatives, appointed by the Speaker, and three from the Senate, appointed by the President of the Senate. This committee reviews the operations of the World Congress Center Authority and evaluates its success in accomplishing its duties. The House voted to amend the Committee's composition by a vote of 155-11. Rep. Childers took the Floor to extend the term of service for the Director of the Commission on Men's Health from one to three years. This Commission was created in 2000 and is charged with informing the public on various men's health issues as well as developing disease prevention strategies and policies. The House also voted in favor of this change by a vote of 153-7. Rep. Childers' bill concerning eye banks also made it to the House Floor today and passed by a vote of 160-2. HB 54 requires that any facility, hospital, or medical school which operates an eye bank within Georgia be a non-profit organization. Furthermore, these eye bank organizations may not be a subsidiary of a for-profit corporation or business entity. Bingo was another topic which the House took up – these are the games played at local VFWs. The House voted to allow persons who operate Bingo games in these local VFWs and other non-profit groups to be compensated at a rate of $50 per day. This proposed fee limit would follow the person, regardless of the number of organizations that the operator worked for during a day. The Senate heard SR 85, which urges the Senate to support the Governor in directing Attorney General Thurbert Baker to dismiss the appeal in Georgia v. Ashcroft Redistricting Case. New LegislationHB 367 – Rep. Keen and others have proposed an amendment concerning "express trusts" in O.C.G.A. § 53-12-22.1 with the creation of a new Code Section:
This bill has been referred to the House Judiciary Committee. HB 368 – An amendment to the Professions Code, this proposal by Rep. Hill would provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths, and vacancies to the Georgia Board of Massage Therapists. This creates a new Chapter 24A, the Massage Therapy Licensure Act. There would be a seven-member Board created for oversight. There are also requirements for licensure: "(a)
Any person is qualified for licensure as a massage therapist under this chapter
who: Among other things the bill does is to also establish prohibitions on prohibited acts and disciplinary grounds: "(1)
Attempting to procure a license to practice massage by bribery or fraudulent
misrepresentation; The bill will be heard in the House Committee on Governmental Affairs. HB 371 – Rep. Karla Drenner , Henson, Harrell and Dooly introduced a revision to the child car seat provisions in Chapter 8 of Title 40 to require seats of certain specifications up to age 8. The bill proposed different seat types for different ages, weights and types. HB 372 – Rep. Dodson and others have proposed an amendment to Article 4 of Chapter 7 of Title 31 to provide for financial assistance to students, post-graduate trainees, or parents of such for programs of study in fields in which critical healthcare personnel shortages exist in a hospital authority's service area. The bill has been sent to the House Health and Ecology Committee. HB 377 – Rep. Franklin has introduced another bill relating to abortion. This one proposes to amend Chapter 12 of Title 16 to provide that any abortion would be unlawful. This bill has been forwarded to the House Judiciary Committee. HB 378 – Rep. Richardson has introduced the Governor's proposal to amend Title 3 concerning alcoholic beverages in an effort to levy taxes – specifically an excise tax on distilled spirits, malt beverages, and wines. This bill has been referred to the House Regulated Beverages Committee. The bill amends O.C.G.A. § 3-4-60: "(1)
There shall be imposed upon the first sale, use, or final delivery within this
state of all distilled spirits an excise tax in the amount of $.75 per liter
(this was previously $.50) and, upon the first sale, use, or final delivery
within this state of all alcohol, an excise tax in the amount of $1.05 per liter
(this was previously $.70), and a proportionate tax at the same rate on all
fractional parts of a liter; Taxes for malt beverages and wines are also increased: "Where
malt beverages are sold in or from a barrel or bulk container, such malt
beverages being commonly known as tap or draft beer, an excise tax of $15.00
(this was previously $10.00) on each container sold containing not more than 31
gallons and a proportionate tax at the same rate on all fractional parts of 31
gallons; See
also O.C.G.A. §3–6-50: HB 379 – This is also the Governor's Bill, carried by Reps. Richardson, O'Neal, and Massey. It proposes to amend Chapter 11 of Title 48 in an effort to provide for excise taxes on loose or smokeless tobacco as well as cigarettes and cigars. The bill defines loose or smokeless tobacco as: "'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes by cigarette distributors." These taxes would be: Cigarettes: 46¢ per pack of 20 cigarettes and a like rate, pro rata, for other size packages; and Loose or smokeless tobacco: 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. HB 380 – Rep. Richardson and others have proposed for the Governor the bill to allow for a referendum on "Current Georgia State Flag" or if Georgians wish for the Pre-1956 Georgia State Flag or Post-1956 Georgia State Flag be restored in its stead. This proposal allows for this referendum in the Presidential Primary in March, 2004. This bill has been forwarded to the House Rules Committee. HB 383 – Rep. Birdsong and others have authored this Tax Code amendment in O.C.G.A. § 48-7-27 in an effort to provide that military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders would not be subject to the State's income tax. A motion was made to engross this bill. The bill was sent to the House Ways and Means Committee. HB 384 – Rep. Stanley-Turner and others have co-authored this bill amending Title 50 concerning open meetings and records. This changes provisions relating to government meetings that are not required to be open to the public. The bill has been referred to the House Judiciary Committee. One specific change comes at 50-18-72(15): "(A)
Records, the disclosure of which would compromise security against sabotage or
criminal or terrorist acts and the nondisclosure of which is necessary for the
protection of life, safety, or public property, including, but not limited to,
the following: HB 387 – Rep. Mobley has proposed to amend Title 48 in an effort to have a comprehensive re-write of the taxation procedures for state estate taxes. HB 388 – This bill, also by Rep. Mobley and others, proposes to amend Part 1 of Article 8 of Chapter 1 of Title 10 concerning sales of petroleum products. This would require gasoline retailers to post warnings regarding the dangers of static electricity when refueling an automobile. A number of cars have caught fire while persons were on cell phones at the gas pumps. Any dealer who does not post such sign would be subject to a civil monetary penalty, not to exceed $1,000 per day. HB 389 – Rep. Buckner and others have proposed an amendment to Title 44 by adding O.C.G.A. § 44-5-60.1, in an effort to provide that if newly established residential subdivisions are subject to restrictive covenants, then all lots in the subdivision will also be subject to the same covenants. This would not apply to any subdivision in which one or more individual lots have been sold prior to July 1, 2003. It also would not prohibit the owner of a tract of property from establishing two or more separate subdivisions of such land. HB 393 – Reps. Roberts and Dukes have proposed amending Article 4 of Chapter 3 of Title 8 so as to allow county and city fair housing authorities or commissions the ability to have subpoena power to investigate complaints concerning discriminatory housing practices and to enforce federal, state, and local fair housing laws. HB 404 – Rep. Orrock has introduced this amendment to Chapter 9 of Title 34 to provide for the pre-approval of certain medical treatments or testing upon the failure of an employer or its insurer to respond to a request for advance authorization within a specific time period of five days. This relates to workers' compensation matters. Within five business days of denying the recommended medical treatment or testing for an injured employee, the employer or the worker's compensation insurer is to notify the Board in writing of the reasons for the denial. Within 30 days of receipt of the written notice of medical treatment or testing denial, the Board must order a hearing on the issue by an administrative law judge. If the administrative law judge reverses the position taken by the employer or its insurer, then the employer or the insurer must fully comply within 10 days of the issuance of the order. Failure to do so would result in an assessment of a penalty of up to 20% of the reasonable medical charges for the denied treatment or testing. Such penalty could be $500, assessed against the employer or the insurer. HB 406 – Rep. Buckner has proposed amending O.C.G.A. § 20-2-690.1 to change the ages when a child must attend school. Currently children must attend between the ages of six and sixteen. She proposes that this be changed to age seven to age sixteen. Additionally, if a parent who has control or charge of the child violates this, then he or she would be guilty of the offense of endangering a child's education. The first conviction carries a requirement to get counseling, treatment and community service; the second requires counseling and community service and a fine of not more than $300. A third or subsequent offense would be a misdemeanor of a high and aggravated nature. HB 409 – Rep. Powell and others are proposing to change the advertisement process for bids with the Department of Administrative Services. This proposal amends O.C.G.A. § 50-5-69 and would require that the Georgia Procurement Registry advertise all procurement and bid opportunities valued at $10,000 or more (by each municipality, county, and local board of education but at no cost to either of these). HB 411 – Rep. Day and others are proposing to change the emergency powers of the Governor in an effort to repeal his power to suspend or limit the sale, dispensing, or transportation of firearms in emergencies. Currently, the Governor, in O.C.G.A. § 38-3-51(d)(8), may suspend or limit the sale, dispensation, or transportation of alcoholic beverages, firearms, explosives, and combustibles. HB 412 – Remember when your school books were too heavy to carry? Rep. Teper wants to propose that the State Board of Education adopt rules and regulations to help protect students from injury from carrying their books – thus he proposes the maximum weight of 15% of the student's body weight to be the limit. HR 214 – Rep. Heckstall has proposed that the House changes it smoking rules. This would amend Rule 13; currently smoking is permitted in the anteroom on the north side of the House Chamber. This proposes to eliminate such smoking, while the House is in session. SB 12 – Now that this bill has entered the House, it has been assigned to the House Special Judiciary Committee. This is Sens. Unterman, Balfour and Squires' bill which increases the penalties for abuse, neglect, and exploitation of disabled adults and elderly persons to a felony offense. SB 53 – Sen. Cheeks' amendments to the Georgia Fair Lending Act, enacted in 2002, has now also made its way to the House and has been referred to the House Banks and Banking Committee. SB 136 – Sens. Butler, Henson, Levetan and Stokes introduced this extended permission for MARTA to use certain capital repairs funds for operating expenses until 2008. SB 138 – Sen. Brush has authored another bill relating to motorcycle helmets. This amends O.C.G.A. § 40-6-315 which currently states that "No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle safety." This bill states that this would not apply to a person who is 21 years or older and has completed a Georgia motorcycle safety training course and has held a Class M driver's license for a minimum of two years. This has been sent to the Senate Transportation Committee. SB 139 – This is an unfair trade practice amendment – or a change to Title 10. This proposes that a person who owns or operates a public accommodation may not restrict access or admission to such solely because the individual operates a motorcycle, is a member of a motorcycle organization or association, or wears clothing which displays the name of such an organization or association. This bill has been sent to the Senate Special Judiciary Committee. SB 142 – Sen. Tate proposed a homestead tax exemption for seniors over age 65 whose incomes are less than $60,000. SB 144 – Sens. Crotts and others have proposed this Chapter 5 of Title 21 amendment, Ethics in Government Act, in order to transfer duties relating to filing of campaign contribution disclosure reports from the Secretary of State to the State Ethics Commission. This has been referred to the Senate's Ethics Committee. SB 145 – Sens. Balfour, Thomas, Stokes, and Seabaugh have proposed this bill amending O.C.G.A. § 26-4-60 in order to change provisions relating to the sales, distribution, and deliverance of prescription drugs by mail or other common carriers. Georgia is the only state which does not allow intrastate mail order. This restriction would be lifted to allow enrollees in a health benefit plan of a closed panel health maintenance organization or its affiliates, that has a pharmacy which is operated by a health maintenance organization and licensed under Code Section 26-4-10, to mail prescriptions within Georgia. A "closed panel health maintenance organization" is an "HMO that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefit plans of the health maintenance organization." This bill has been forwarded to the Senate Health and Human Services Committee. SB 147 – Sen. Adelman and others, including all women Senators, have authored this amendment to Chapter 13 of Title 19 known as the Family Violence Shelter Confidentiality Act of 2003. The bill is the first in the country to establish penalties for disclosing, publishing or disseminating the location of a family violence shelter. Civil penalties would be in the amount of not less than $25,000 for the first instance and not less than $5,000 for each additional instance thereafter, not to exceed the full costs of relocating the shelter. When the location of a shelter has been published, disseminated, or disclosed by a person, but the location has not become generally known as a result of such publication, dissemination, or disclosure, the court may require the person making such publication, dissemination, or disclosure to pay relocation costs in lieu of the civil penalty. There are some exceptions to this publication, dissemination, or disclosure: 1) confidential communications between a client and his or her attorney; or 2) instances when such publication, dissemination, or disclosure is specifically authorized by the director of the shelter. SR
122 – Sen. Crotts has proposed to amend the Rules of the Senate. This
renames some of the Senate Committees – for example, Ethics would be known as
Ethics and Government Reform. Most Committees did not meet today. Senate Appropriations – Human Development Subcommittee Sen. Don Thomas' Subcommittee on Human Development met to discuss the House version of the FY 2003 Supplemental Budget which was passed by the House earlier in the week. There were few changes made to the Governor's Proposal on funding. This is due in primary part to lack of revenues to fund any enhancements or program expansions. This Subcommittee will apparently meet once again before finalizing its FY 2003 recommendations. This Subcommittee did vote to move item #3 on the Dept. of Human Resources' Budget back to the Governor's position: this was the austerity adjustment for General Administration of the Department. The Governor had proposed $1,818,958 cut; the House had proposed $1,718,958 cut. This would exclude funding reductions for the Intergenerational Resource Center (located at Ebenezer Baptist Church). The other changes related to the maintenance of effort dollars under TANF. The House had proposed items 59,60, and 61: 59 – to identify and evaluate after school funds not currently sued as part of the DHR maintenance of effort for TANF purpose calculations 60 – to identify and evaluate HOPE scholarship funds currently spent on TANF eligible clients to be considered as part of the DHR maintenance of effort for TANF purpose calculations 61 – to set the DHR TANF maintenance of effort at 75% with a cut of $2.5 million There was discussion that this 75% number was now at 80%. The number of $2.5 million was the issue and not the actual percentage. It is unclear the numbers of persons that the Department will serve under TANF, especially given the downturn of the economy. Sen. Collins moved that the Subcommittee agree with the House. Senate Appropriations Committee The
Committee met and released an amendment to its SB 76, the proposal to cut
Legislators' salaries by 10%. The proposal still stands at 10% but
the subsection would be repealed in its entirety on December 31,
2004. House Health and Ecology Committee The Committee has released its amendments to HB 53– basically striking (I) of list of persons to be appointed by the Governor to the Advisory Board on Anatomical Gift Procurement. There would be nine persons on this Board. Other NewsOn the Senate Floor on Monday will be the following bills: SB 102 – This proposes to enact the Georgia Indigent Defense Act of 2003. Georgia is widely 'scattered' in its approach in dealing with indigent defendants in the various courts. This proposal will help address equity in the legal counsel that such persons need. SB 11 – Sen. Johnson and others introduced this Tax Code amendment. The proposal amends Article 2 of Chapter 7 of Title 48, relating to income taxes, in order to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits. It further provides for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities and optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities. The bill also proposes tax credits for establishing or relocating headquarters and tax credits for certain business enterprises for leased motor vehicles. SB 44 – This proposal amends O.C.G.A. § 29-1-3 in an effort to allow an exemption from liability for those court appointed guardians ad litem from damages resulting from any act or failure to act by such person in the performance of that person's duties unless there was a failure to act because of gross negligence or reckless, wanton, or intentional misconduct. SB 29 – This bill deals with use of electronic communication devices by students in public schools. An amendment has been proposed by the Senate Education Committee which prohibits the use of these types of devices in the classroom during instructional time or on school operated vehicles. SB 46 – This bill deals with the Peace Officer and Prosecutor Training Fund. SB
48 - This proposal amends O.C.G.A. § 15-11-79.1: "The disposition of a
child and evidence adduced in a hearing in the juvenile court may be used
against such child by the defendant in a civil action brought by said child
based upon the factual circumstances surrounding such proceeding." |
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