April 22, 2003

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

Legislators returned to work and what a day it was!  The Senate was there further into the evening than the House.  However, both had lengthy calendars.  On the Senate side, it had 79 bills on its calendar; many resulted in being tabled around 11:00 p.m.   Of course, the flag discussion also reappeared with the Senate amending the House proposal.  Sine Die was to occur on Thursday but Legislators amended their plans and now plan to Sine Die on Friday, April 25, 2003 .  

          Conferees have been appointed for a number of bills.  Those conferees will now meet between today and Friday.  This will include negotiations on HB 43 concerning possible new taxes and HB 122, the FY 2004 budget.  

Floor News  

House Members voted out their first version of a ‘revenue enhancement’ by passing HB 379.  As the Senate never suspended its rules to allow consideration of the bill, the House was again perplexed about the Budget situation.  Thus, enter HB 43 which is a creative compromise House Leadership has put together which offers a number of proposals all rolled into one bill.  It is hoped that since HB 43 has already cleared the Senate, the House, by amending it once it crosses back to the other side, will end the bill in Conference.  Originally, HB 43 would have been a sales tax exemption measure for some nonprofit entities which engage in archaeological preservation.  As the bill picked up amendments in the Senate, it was back before House  for approval of those changes.  House Members seized the opportunity and transformed HB 43 into an overall tax code revision bill.  Most significantly, the latest revision of HB 43 uses accounting moves and a modest revenue generation proposition to generate more than $450 million in revenue for the FY 2004 spending plan.  Some $132 million would be transferred from the FY 2005 budget into '04 by accelerating the collections of tax withholdings for state payroll taxes to bring them in line with federal collections.  More than $170 million would be saved by delaying a state payday from June 30 to July 1, 2004 .  As a new source of revenue, the amended proposal would include a $.21 cent per pack increase in the State’s cigarette tax.  Cigars and loose or smokeless tobacco products would see tax rate increases of 10 percent of the wholesale price.  There were tax breaks also included in the legislation.  Another sales tax “holiday” was proposed from July 31 until August 3, 2003 .  Additionally, there was an environmentally friendly tax break for persons who purchase low emission vehicles.  The two corporate tax incentives (the Rubbermaid and Daimler-Chrysler Corporation tax breaks) also found their way into the proposal.  Another inclusion was an exemption from sales tax for the materials used to build the new Georgia aquarium.  (The aquarium is a gift from philanthropist Bernie Marcus, which is expected to generate tens of millions of dollars each year for Georgia ’s tourism economy.)  Not wishing to leave out Georgia ’s senior citizens, it also included a tax break for those persons by exempting up to $35,000 in yearly retirement income from income taxes - this would be phased in over three years beginning in 2007.  All told, these tax cuts would save Georgia taxpayers more than $300 million.  While the bill does not ‘fill’ the State’s financial hole, it thus picked up some criticism.  Many feel that if they are going to have to go home and increase taxes, then the taxes should be increased to fill the entire hole.  Others feel that the State’s financial situation  fix should be borne by those who smoke or use tobacco products.  In the end, the House voted 116 to 47 in favor of passage of HB 43.  It proceeded back to the Senate for agreement to the changes – of course, the Senate disagreed.    

One of the programs which is being cut is the Greenspace program.   The House, thus, took up SB 237 which proposes to allow environmentally conscious Georgians to contribute some or all of their State income tax returns to the Greenspace Trust Fund.  This “checkoff” along with private donations may perhaps help fund the program until the State’s economy improves.  SB 237 passed by a vote of 156 to 3.   

Child adoptions were also on the House agenda.   SB 192 proposes to amend Georgia ’s law on child adoptions.  Most of the bill’s provisions were not controversial such as adding great-grandparents to the list of family members which may adopt a child without undergoing a Departmental inspection process.  The most problematic provision was the language which proposes to give adoptees, upon reaching adulthood, the right to obtain a copy of their original birth certificate.  Currently, a court order is necessary for adult adoptees to obtain this information.  Rarely are court orders denied.  The bill proposes to no longer require such an order.  This would save court time and save adoptees money from having to hire a lawyer to get such birth certificate information.  Many times, this information is sought so that persons can get information about their family’s medical history.  Confidentiality issues were raised by some Legislators – this would give open access to the information.   There were also concerns it would make it less inviting for women who wish to place their babies for adoption (because of lack of confidentiality).  In the end, the House voted 117 to 47 to strike the provision which had removed court involvement in an adoptee's request for a copy of his or her birth certificate.  The amended version of SB 192 then passed by a vote of 167 to 2.  

House members also voted out a bill on foster children.   SB 236 passed by a vote of 158 to zero.  It seeks to provide foster parents a voice in court proceedings involving the well- being of children which they oversee.  The bill also puts foster parents in the information loop with respect to hearings and reports on the placement and well being of the child.  

          Other bills which were addressed:  

·        SB 46 which proposes to ensure that fees collected for the Peace Officer's Training Fund are dedicated solely for that purpose passed by a vote of 158 to zero.  Another bill relating to law enforcement, SB 117, passed by a vote of 159 to zero.  It would prohibit sheriffs from owning or being involved in businesses which could constitute a conflict of interest with their elected duties.  Specifically named were bail bonding, private investigation, security, and towing services.  (This relates to the situation which occurred in DeKalb County .)

·        SB 183, which proposes to make it a misdemeanor, of a high and aggravated nature, for any person to knowingly infect Georgia livestock with any foreign biological or chemical agent when such would pose a substantial threat to Georgia’s animal industries, passed by a vote of 167 to zero.

·        SB 200, which would allow the Department of Human Resources to receive prior conviction data on adults who are under investigation for child abuse, passed by a vote of 166 to zero.

·        SB 201, which would permit the Department of Human Resources to share child abuse and deprivation data with the Office of School Readiness in order to allow schools to better assist children with special needs, passed by a vote of 164 to zero. 

·        SB 214, which poses to fix a medical examiner shortage within the Georgia Bureau of Investigation by allowing the GBI to hire inexperienced examiners and conduct on the job training, passed by a vote of 165 to zero.

·        SB 272, which seeks to expand Georgia’s telemarketer no-call list to include cellular phones, passed by a vote of 160 to zero. 

On the Senate side, here are some of the bills addressed:  

·        HB 166, which seeks to allow disability compensation for volunteer firefighters, passed.

·        HB 279 passed which allows the use of electronic or computer devices in Bingo games.

·        HB 327 which amends definitions concerning air conditioning and plumbing systems to include natural gas piping systems, passed.

·        HB 367, Rep.  Keen’s bill dealing with oral trusts relating to personal property, passed.

·        HB 447 amending driver’s license law concerning minors and changing provisions relating to driver training schools passed.

·        HB 468 passed which deals with income taxes and underpayment amounts.

·        HB 469, another bill concerning income taxes, dealing with claims for refunds and filing dates, passed by a vote of 53 to zero.

·        HB 413 passed which deals with conservation use property and preferential assessments for storm water wetlands.

·        HB 556 passed.  It deals with changes in the powers and duties for the State’s Revenue Commissioner.

·        HB 380, the flag bill, which was amended on the Floor with three amendments, passed as amended.  The bill had been brought up and attempts were made to table the bill; those failed.

·        HB 397, relating to unauthorized possession of firearms (and provides for an affirmative defense), passed.

·        HB 531 dealing with ad valorem taxes and preferential assessments for environmentally contaminated property passed.

·        HB 26, which deals with a prohibition from disturbing archeological and other submerged sites, passed. 

·        HB 722, which changes duration times for temporary protective orders in domestic relations matters, passed.

·        HB 53, Rep.  Childers’ proposal to change who sits on the advisory board (specifically adding an organ and/or tissue recipient) for anatomical gifts, passed.

·        HB 462 passed which deals with the use of computer pornography and obscene Internet contact with children in order to strengthen existing laws.

·        HB 537, which proposes credit amounts on certain projects for housing tax credits, passed.

·        HB 383 passed which excludes certain military pay from the State’s income taxes.

·        HR 266 which amends regional development center boundaries, passed.

·        HB 147 passed which provides that agricultural commodity commission employees and dependents may participate in the State Health Benefit Plan.

·        HB 182 passed which deals with changes to improved enforcement for uniform rules of the road.

·        HB 213 which restricts information on printed receipts from businesses (i.e.  credit card numbers) when payment card transactions are made, passed.

·        HB 319, another bill dealing with drivers’ licenses, passed.  This prohibits use of social security or certification of non-eligibility numbers.

·        HB 339 passed by a vote of 41 to 1.  It concerns confidential records in the probation system.

·        HB 424 which allows State employees to make contributions to the Georgia Higher Education Savings Plan passed as amended to allow critical access hospital employees and dependents to participate in the State’s Health Benefit Plan (it allows federal health center employees to participate as well).

·        HB 457 passed which requires persons who encounter emergency vehicles working an accident or other scene involving emergency vehicles to use a non-adjacent lane and slower speed unless an officer otherwise directs the driver.  This requires the driver to use reasonable and proper speed.  This passed by a vote of 47 to zero.

·        HB 463 passed which amends the provisions relating to the sex offender registry.

·        HB 519 amends how funds may be used by the Lake Lanier Islands Development Authority.

·        HB 680 passed which deals with licensure issues for check cashing businesses.

·        HB 721, which prohibits the use of social security numbers on health insurance identification cards, passed.  Sen.  Harp presented the bill and it cleared without additional changes by a vote of 47 to zero.

·        HB 815 passed which amends licensure provisions for hunters and fisherman.

·        HB 140 passed which limits data to be used by the Georgia Crime Information Center on certain warrants.

·        HB 493 failed to pass with a vote of 26 to 25.  This was Rep.  Drenner’s bill concerning the hours for a bar or restaurant to be open.  It proposes to allow local ordinances to change the time from 4:30 a.m.

·        HB 194 the bill dealing with the Uniform Athletic Agents Act passed as amended.