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March 1, 2002 For more information contact: 404-817-6133 404-817-6247 404-817-6257 404-817-6170 |
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Today was a long hard day for the Senate – due in most part to the Budget for
FY 2002. More details follow. The Senate addressed HR 1294 concerning the recess
for next week. Thus, the General Assembly will be in recess until March 7, 2002.
However, there are a number of committee meetings as well as dinners and events
planned next week.
Macon Day at the Capitol will be on Tuesday, March 5, 2002. Additionally, the Democratic Party Jefferson-Jackson Dinner will be held on Thursday, March 7, 2002. The General Assembly also plans to adjourn the week of March 11, 2002. Floor News The Senate was the place to be today. First, the parties began to wage debate over whether to adjourn for the times proposed by the House: March 4-6 and March 11-15. After a lot of discussion, even with the Republicans accusing the Democrats of not following the Rules of the Senate by not taking up this Resolution immediately after the reading of the Journal, the Senate finally voted in favor of the Resolution, HR 1294 by a vote of 31 to 22. Next, the Senate argued over Rep. Borders’ school sales tax holiday proposal. Republicans proposed that such sales tax exemptions be provided all the time for such articles of clothing (up to $100) and for personal computers (up to $1,500). Additionally, some believed that the amounts for school supplies (up to $20 per item) being exempted were not great enough. Sen. Rusty Paul even argued that the current proposal in HB 1312 discouraged children from participating in sports (as the athletic gear exempted was limited). Democrats argued that this bill would have a positive economic impact on the State. No amendments to the bill were added and the bill passed by a vote of 52 to zero. Next, the Senate locked down on HB 1001, the FY 2002 Supplemental Budget. Beginning around 11:00 o’clock, the Senate argued until around 3:00 o’clock p.m. on the money proposed. Many remarked that they were tired and hungry having not taken a lunch break during the proceedings. Sen. George Hooks took the Well to present the Budget to the Senate. He explained that the Governor had only one responsibility with respect to the Budget and that was to set the State’s revenue estimates. There have been communications sent by the Governor on revised revenue estimates for both FY 2002 and FY 2003. There is an additional $80 million proposed to be cut from FY 2003. Sen. Hooks reminded Members that 19 states are considering increasing State taxes where Georgia has no need for such a proposal. Additionally, 30 states are proposing to increase the "sin" taxes. Sen. Hooks explained that this economic decline in Georgia is the largest since 1953. He asked Senate Members to do the "best of things in the worst of times." The Budget before the Senate was an effort to help all Georgians. After Sen. Hooks made a general presentation, Subcommittee Chairs presented their results. Some questions were raised on various expenditures such as Sen. Lamutt questioning of Sen. Polak about the Fiscal Management Subcommittee’s report on the purchase of a data center for Georgia and whether the expenditure of $18 million now might actually be less than a purchase at a later time (citing a cost of more than $50 million for such center). Sen. Lamutt also questioned whether the move by the Department of Revenue to a new location should be provided moving expense costs of $62 or $50 per foot – both, agreed Sen. Polak, are extremely expensive. When Sen. Nadine Thomas presented the Human Development Subcommittee report, a number of questions were raised relating to the Departments of Community Health and Human Resources’ portions of the Budget. Sen. Brush questioned the changes proposed on the prior approval of drugs. Sen. Gingrey queried the Babies Born Healthy program and Sen. Burton asked why there were cuts to the Elaine Clarke Center. Sen. Thomas reminded her fellow Senators that Georgia has been doing a lot for the State’s children. When the Republicans chose to make their Amendment proposals, there were 12. All were defeated. Sen. Mitch Seabaugh proposed that a tax rebate be provided to Georgians in the amount of $100 – he claimed that this would be an economic boost to the State. Sen. Tommie Williams, among others, raised some real distaste for the $1.8 million in the Supplemental Budget for payment of attorneys’ fees for the suit involving Reapportionment. He proposed that the monies be expended for teaching children foreign languages in schools. After all the debate, the bill passed by Committee Substitute by a vote of 34 to 17. The Senate then insisted on its position and a Conference Committee was appointed of Sens. Hooks, Starr, and Walker. Some of the Budget specifics (as passed Senate): Court of Appeals:
Superior Courts:
Community Affairs:
Community Health:
Education:
Georgia Bureau of Investigation:
Governor’s Office:
Human Resources:
Human Resources – Tobacco Dollars:
Industry, Trade and Tourism:
a) Funds for the Georgia Shrimpers Association in the amount of $50,000.
Juvenile Justice:
[Note: a-d were ‘special projects’ funded in 2001.]
Department of Labor:
Natural Resources:
Public Safety:
Board of Regents (parts A and B):
Revenue:
Secretary of State:
Soil and Water Conservation Commission:
Technical and Adult Education:
Bond – Sinking Fund:
Newly Introduced Legislation HB 1540 – Rep. Jackson and others have authored this proposla to amend Article 3 of Chapter 2, of Title 20 of the Code in order to provide that local boards of education shall have the authority to provide for a display of copies of the first sentence of the second paragraph of the Declaration of Independence, the Ten Commandments, the national motto, and the preamble to the Constitution of the State of Georgia in public schools. This bill has been referred to the House Education Committee. HB 1558 – This bill concerning sales tax exemptions for local development authority projects for expansion of business has also been engrossed. It is assigned to the House Ways and Means Committee. HB 1564 – Rep. Johnson and others have introduced this amendment to Article 3 of Chapter 13 of Title 48 in an effort to provide for felony punishment for the failure to pay county and municipal taxes by hotels and motels. This bill has been sent to the House Ways and Means Committee. HB 1565 – The bill by Rep. Byrd, amending O.C.G.A. § 48-7-29, relating to the income tax credits for rural physicians, has been engrossed. This bill is assigned to the House Ways and Means Committee. HB 1571 – Rep. Birdsong’s proposal to amend current law in Chapter 17 of Title 45, pertaining to notaries public which would require that notaries have personal knowledge or evidence of the identity of the person whose signature he or she notarizes, has been forwarded to the House Judiciary Committee. HB 1580 – Rep. Smith and others have proposed this amendment to Article 9 of Chapter 9 of Title 34 relating to the Subsequent Injury Trust Fund so as the fund will not reimburse an employer for a subsequent injury occurring after December 31, 2002 and that the fund shall continue to reimburse employers for injuries occurring prior to December 31, 2002. This bill has been forwarded to the House Industrial Relations Committee. HB 1581 – Rep. Walker and others have proposed this amendment to Article 2 of Chapter 12 of Title 9 in an effort to provide that a judgment shall be conclusive between the same parties and their privies notwithstanding the filing or pendency of an appeal, supersedeas, or other judicial decree suspending enforcement. This has been sent to the House Judiciary Committee. HB 1582 – Reps. Walker, Dix, Squires, and Bordeaux have introduced this amendment concerning automation of court records which specifically amends Article 2 of Chapter 6 of Title 15. The bill’s provisions include that a Clerk of Superior Court would keep an automated civil docket, index, or case management system which shall then contain separate case number entries for all civil actions filed with the Clerk including complaints, proceedings, URESA actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions. The House Judiciary Committee will take further action on this bill. HB 1584 – Reps. Cummings and Shanahan have authored this proposal to assist former members of the General Assembly and their families. This amendment is proposed for O.C.G.A. § 45-18-10 in order to establish the right of continuation of coverage for former employees, payment of premiums, establishment of terms and conditions by board so that if a former member of the General Assembly dies after ceasing to hold office but before he or she begins to receive a retirement benefit and he or she has continued to participate in the state health plan, his or her surviving spouse and dependent children shall then be entitled to continued coverage. The House Retirement Committee will look further at this matter. HB 1585 – Rep. Mobley introduced this amendment to O.C.G.A. § 16-5-100 so as to provide for additional acts of harm and better define exceptions to acts of cruelty against a person age 65 and older. This would also allow a person to be charged with cruelty if a person denies a person age 65 and older of healthcare and shelter (in addition to current law of necessary sustenance). This bill has been forwarded to the House Special Judiciary Committee. HB 1595 – Rep. Jackson and others have proposed this amendment to Chapter 1 of Title 43 in order to include physicians in the "Georgia Volunteers in Health Care Specialties Act" and to provide for an automatic repeal on July 1, 2004 when any such special license issued under this Act shall expire. This has been sent to the House Health and Ecology Committee. HB 1599 – Rep. Wilkinson has proposed this Bill amending Chapter 12 of Title 31 in order to require that the Dept. of Human Resources prepare information about bacterial meningitis and to make that information readily available to secondary and post-secondary schools in Georgia. This too has been referred to the House Health and Ecology Committee. HB 1607 – Reps. Gardner, McBee, Henson, Skipper, Harbin and others have authored this proposal to amend Chapter 5A of Title 31 so as to provide for reviews of denials of health benefit claims for employees of the Board of Regents and to amend Article 1 of Chapter 18 of Title 45 of the Code concerning state employees’ health insurance plan in order to require that rules and regulations be adopted by the Board by no later than July 1, 2003 to entitle employees covered by the plan have access to an administrative review and a review by an independent review organization of the denial of a health benefit claim. HB 1613 – Reps. Twiggs and Parham have authored this amendment changing the law on off road vehicles in order to require that off-road vehicles be registered. The bill amends the term of "motor vehicle." HB 1619 – Reps. Epps and Holland have authored this amendment to Chapter 17 of Title 45 in order that notary publics have personal knowledge or evidence of the identity of the person whose signature he or she notarizes as well as to require that the notary maintain a journal of notarial acts. HB 1622 – Reps. Jackson, Smyre, Murphy, Walker, Childers and others have provided this amendment to Article 2 of Chapter 11 of Title 43 so as to make it a felony if a person (firm, partnership, corporation or other entity who practices dentistry) is convicted without first obtaining a license to practice from the Board and shall also be required to pay a fine of $500 and not more than $1,000 and/or serve in prison between two to five years for such. This has been referred to the House Health and Ecology Committee. HB 1624 – Rep. Lewis proposes to change the current law concerning grounds for divorce when a marriage is irretrievably broken. Now, the court cannot grant such a divorce less than 30 days from the date of service on the respondent. Rep. Lewis proposes to extend this to 120 days from the date of service on the respondent. This has been sent to the House Judiciary Committee. HB 1627 – Rep. Harbin has also introduced a bill concerning the definition of a "minority person." This amendment would be included in O.C.G.A. § 7-1-940 and would include a person who is female. This has been forwarded to the House Ways and Means Committee. HB 1634 – Reps. Borders, Lord, Sims, and West have authored this bill proposing to place into law who may provide authority to cremate a deceased person in Part 1 of Article 1 of Chapter 18 of Title 43. Such authority would have to come in writing from the lawful spouse of the deceased or a member of the nearest degree of relationship to the deceased or another person as long as consent was obtained from any remaining relatives without objection. Also, the authority may be obtained in a valid pre-paid funeral service contract with the cremation authorization signed by the deceased or a copy of a will duly executed by the deceased which contains a provision expressly requesting cremation. This has been forwarded to the House Industry Committee. HB 1645 – Rep. Rice has authored this amendment to O.C.G.A. § 30-1-6 concerning assaulting, beating, harassing, or injuring guide or other dogs assisting disabled persons. The bill redefines ‘assistance dog.’ This bill is similar to the Senate bill noted below. It provides that a person who willfully and maliciously assaults, beats, harasses, injures, disables, or causes the death of or attempts to assault, beat, harass or injure, disable, or cause the death of an assistance dog is guilty of a felony and shall be fined not less than $2,500 nor more than $10,000 or shall be imprisoned for not more than one year nor more than five years or both fined and imprisoned. For cases involving willful and malicious impediment or interference the person would be guilty of a misdemeanor with a fine of up to $500 and/or 90 days imprisonment. HB 1656 – Reps. Holland and Jenkins have authored this bill proposing to change Part 2 of Article 15 of Chapter 1 of Title 10 in order to provide that the failure by a consumer credit counseling agency or any officer, employee or agent thereof to disclose certain information (such as any relationship existing between the consumer credit counseling agency and any creditor or organization of creditors, etc.) shall be an unfair and deceptive trade practice and such shall be unlawful. HB 1657 – Reps. Holland and Jenkins have also authored this proposal which relates to contracts generally at Article 1 of Chapter 3 of Title 13. It proposes at O.C.G.A. § 13-3-6:
HR 1224 – Rep. Childers has introduced this Resolution in order to designate March as National Nutrition Month. This Resolution has been referred to the Health and Ecology Committee. HR 1288 – Rep. Smith and others have proposed the urging of support for the national motto of the United States, "In God We Trust." HR 1293 – Rep. Smith and others have offered this Resolution to urge President Bush and federal agencies to assist Governor Roy Barnes to obtain federal assistance in coping with the emergency situation involving Tri-State Crematory in Walker County. HR 1322 – Reps. Jamieson, Smith, and Cummings have proposed the creation of the House Arts Education Study Committee in an effort to conduct a comprehensive study of arts education in order to determine the level of adequacy and effectiveness in the elementary, middle, and high schools of Georgia in comparison with other states. SB 499 – Sens. Eric Johnson, Casey Cagle, and Tommie Williams have authored this bill amending O.C.G.A. § 51-12-1 concerning provisions to be revised relating to the admissibility of evidence of previous or future right of payments for economic losses and to provide for evidence of indemnification and subrogation of payments. Additionally, the bill contains provisions for damage interrogatories for the jury and evidence of damages in personal suits against medical professionals. This bill has been sent to the Senate Judiciary Committee. SB 501 – Sen. Jackson and others have proposed this Bill amending Chapter 11 of Title 31 concerning emergency medical services in order to provide for the licensure and regulation of air ambulance services through the Dept. of Human Resources. This has been sent to the Senate Veterans and Consumer Affairs Committee. SB 505 – Sens. Brown, Haines, and Shafer have authored this bill amending O.C.G.A. § 33-6-5 so as to include the non-renewal of an entire line or class of business by an insurer under certain circumstances as an unfair method of competition and unfair and deceptive act or practice. This bill was referred to the Senate Insurance and Labor Committee. SB 516 – Sens. Ladd, Brown, and Polak introduced this bill amending Chapter 1 of Title 30 in an effort to make it unlawful for any person willfully to allow his or her dog to attack or otherwise interfere with an assistance dog. "Assistance dog" is defined to include "guide dogs which guide persons who are visually impaired, hearing dogs which alert persons who are deaf to certain sounds, and service dogs which are trained to perform tasks to assist persons with disabilities other than blindness or deafness including, without limitation, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis." SB 519 – Sen. Ragan has dropped this amendment to Article 1 of Chapter 18 of Title 45 in an effort to require that the Board of the Dept. of Community Health contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Code so as to include in such plan any of the commission’s employees and retiring employees and their spouses and dependents. The bill has been forwarded to the Senate Agricultural Committee. SR 705 – Sen. Nadine Thomas introduced this Resolution designating March as the National Nutrition Month in Georgia. SR 724- Sen. Golden has offered this Resolution to create a Joint Legislative and Public Task Force on Georgia’s Employment Security Law to be comprised of 15 members including two members from each the House and Senate. It will study all aspects of the unemployment insurance program including funding and the eligibility requirements and in particular, focus on the Unemployment Trust Fund and tax rate and benefit structure. Any findings and recommendations would be reported back to the Governor as well as the General Assembly on or before December 31, 2002 but the Task Force would remain operative until December 31, 2003 at which time it would report full recommendations. SR 790 – Sens. Jackson and Haines have proposed the creation of a Senate Underage Drinking Study Committee so as to look at children who use alcohol. SR 799 – Sen. Harbison introduced this Resolution to create a Joint House and Senate Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors. Committee News Committee activity was light. Both the House and Senate Rules Committees met to set their calendars for March 7, 2002. Also, the Conference Committee on the FY 2002 Budget met to have its first meeting on the Budget negotiations. After a few quick moments of talk, the Conferees agreed to take up their discussions on Sunday, March 3, 2002 at 10 a.m. |
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