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JANUARY 13, 2003
Legislators returned this morning for Day 2 of the Session after hearing Sen.
Zell Miller make the keynote address at the Annual Georgia Chamber Dinner
Meeting and attending the Georgia Chamber of Commerce Eggs and Issues Breakfast
at the World Congress Center.
Floor News
Most of the morning was taken up with routine issues.
In the Senate, Sen. Lee took the Well on a point of personal privilege
concerning SR 560 which was read and referred on Monday relating to the
Constitutional Amendment proposal by Governor Perdue. SR 560 proposes the
following change:
“Article I, Section II of the Constitution is amended by striking Paragraph VII
in its entirety and inserting in lieu thereof a new Paragraph VII to read as
follows: Paragraph VII. Separation of church and state. Except as permitted or
required by the United States Constitution, as amended, 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.”
His concern was that fellow Senators debate against proposals such as this and
yet they vote for those measures once they reach the floor. He reminded Senators
that there was no “train” driving the Governor’s agenda.
Sen. Charlie Tanksley introduced the Doctor of the Day, Dr. Alan Plummer, a
pulmonary disease and critical care specialist with Emory University and Emory
Clinic.
Sen. Connie Stokes introduced the six Rockdale County High School Students from
Heritage High School who heroically came to the aid of their teacher when she
was attacked by her ex-husband. The six high school students were commended for
their heroic efforts.
Sen. Steve Thompson, in a point of personal privilege, raised issues with SR 560
and audit procedures provided by 501(c)(3) entities. He also inquired about
whether federal law would supersede on this issue. He chided Sen. Lee for
basically indicating that it was inappropriate for Legislators to change their
mind. He also stated that there was a difference in changing one’s mind and
changing one’s values. He reminded Senators that information may lead you to
change your mind from a previously held position.
On the House side, Speaker Coleman along with Rep. Barbara Bunn also welcomed
the Heritage High School students and the House gave them a standing ovation for
their act of courage and bravery.
Rep. Ron Stephens took a moment on a point of personal privilege to discuss HB
1061 which he stated would rectify a problem with an ongoing monopoly in
Georgia. He stated that pharmaceutical pricing by manufacturers was the last
monopoly to be regulated. His bill proposes that the Georgia Public Service
Commission would oversee the pricing of pharmaceuticals. It also proposes to
eliminate the use of prior approval by insurers, thus, allowing physicians to
prescribe whatever medication they would like. It also, as Sen. Stephens stated,
would add $200 million to the State’s budget through rebates in the FY 2005
Budget. He asked that if other Legislators had an interest in the bill to please
sign the bill.
Committee News
The House Insurance Committee met this afternoon under the direction of Chairman
Jimmy Lord. Waiving standing Committee Rules, the Committee undertook HB 1076, a
bill introduced by Rep. Ben Harbin for the Department of Insurance to help
regulate captive insurers dealing with workers compensation. Commissioner
Oxendine was present for the hearing where the bill passed without debate or
changes. HB 1076 would not impact group funds such as those for counties,
automobile dealers, oilmen, etc. This legislation would impact those captives
which do not have joint and several liability and would require them to obtain
prior approval for any fee, assessment, or surplus contribution required of any
member (this is the file and use provision). This change is inserted in O.C.G.A.
§ 33-41-19. The bill also has an insolvency pool requirement (currently no
captive insurance company is permitted to join this pool under Title 33, Chapter
36). The bill is supported by the Workers Compensation Board.
New Legislation
SB 394 - Sen. Johnson and others have proposed amending Chapter 2 of Title 20
regarding elementary and secondary education in an effort to authorize the
reading or posting of certain writings, documents, and records without
content-based censorship. This is to be known as the American Heritage in
Education Act and would allow the posting in public school buildings or
classrooms the following documents: United States Constitution and preamble;
Constitution of Georgia and preamble; Declaration of Independence; the Mayflower
Compact; national motto, “In God We Trust”; national anthem; the Pledge of
Allegiance; writings, speeches, documents and proclamations of any of the
signers of the Declaration of Independence, signers of the Constitution of the
United States or Presidents of the United States; United States Supreme Court
decisions; and Acts of the United States Congress. This Bill was referred to the
Education Committee.
SB 396 - Sen. Cheeks and others have offered this amendment to Article 2 of
Chapter 5 of Title 21 to provide that electronic filing of disclosure reports
shall be permitted but not required. Current law requires this electronic filing
as of February 1, 2001 when candidates for constitutional offices, the Supreme
Court, Court of Appeals, and the Public Service Commission have raised or spent
a minimum of $20,000 in an election cycle. The law further states that as of
January 1, 2003, candidates seeking election to the General Assembly, superior
courts, and office of district attorney shall also be required to use electronic
means to file their campaign disclosure reports with the Secretary of State once
they have raised or spent a minimum of $10,000 in an election cycle but
contributions and expenditures received or made prior to reaching such threshold
need not be electronically filed if previously reported, except as cumulative
totals. This Bill was referred to the Ethics Committee.
SB 400 – Sens. Lee, Shafer, and Smith have offered this amendment to Chapter 1
of Title 51 relating to tort reform. The bill is narrowly drawn in an effort to
provide for an exemption from civil liability with respect to broadcasters who
are engaged in Levi’s Call, Georgia’s version of the Amber Alert Program. The
bill defines “broadcaster” as any corporation or other entity that is “engaged
in the business of broadcasting video or audio programming, whether through the
public airwaves, by cable, by direct or indirect satellite transmission or by
any other means of communication.” Such a broadcaster participating in Levi’s
Call would not be liable for any civil damages arising from the broadcast or
other dissemination of any alert generated pursuant to the Levi’s Call. This
Bill was referred to the Judiciary Committee.
SB 401 – Sen. Bulloch offered this bill amending Article 2 of Chapter 2 of Title
26 changing the standards and requirements of the May 2001 Amended Version of
the Grade A Pasteurized Milk Ordinance Recommendations of the United States
Public Health Service – Food and Drug Administration to that of the May 2003
Standards. This Bill was referred to the Agriculture and Consumer Affairs
Committee.
SB 402 – Sen. Seabaugh and others authored this measure amending O.C.G.A. §
22-2-100 so as to provide for inverse condemnation proceedings before a special
master. This Bill was referred to the Judiciary Committee.
SB 405 – Sens. Cheeks and Stephens have co-authored another bill dealing with
banks and banking this Session and specifically amending Chapter 1 of Title 7.
It proposes that financial institutions offer financial services to bank
customers consistent with procedures of the Department of Banking and Finance.
It also authorizes loan officers to serve as credit committees (when loans are
made by credit unions) and prohibits licensing of certain persons convicted of
crimes (a felony involving moral turpitude) and requires financial institutions
and money service businesses to comply with federal law and establishes
requirements for regulation of mortgage lenders and brokers (this must be done
in writing on an annual basis as specified by rules and regulations established
by the Department). This Bill was referred to the Banking and Financial
Institutions Committee.
SB 408 – Another “tort reform” measure offered by Sens. Brush, Cheeks and Hall
has been read. This bill amending Article 2 of Chapter 21 of Title 50 proposes
to provide that any physician volunteering with a state, county, or municipal
law enforcement agency shall be considered a state officer or employee and shall
be immune from lawsuit or liability for official actions. This action would have
to be within the scope of such volunteer activity. This Bill was referred to the
Insurance and Labor Committee.
SB 411- Sen. Tanksley has authored an amendment to O.C.G.A. § 5-6-46 concerning
requirements of a supersedeas bond in civil matters. This changes the type of
security allowed for supersedeas and provides for global supersedeas for all
appeals. It also establishes a maximum of $25 million regardless of the value of
the judgment. This Bill was referred to the Judiciary Committee.
SR 560 – Sens. Lee, Smith, and Shafer have co-authored for Governor Perdue this
Constitutional Amendment proposing to prevent discrimination in the public
funding of social services by allowing religious or sectarian organizations to
receive public aid, directly or indirectly, for the provision of such services.
This change to the State’s Constitution would be inserted in paragraph VII of
Article I, Section II.
SR 563 – Sen. Johnson and others have proposed this Resolution amending the
State’s Constitution to provide that the people have the right to hunt, fish,
and harvest game, subject only to reasonable restrictions as the General
Assembly may prescribe by general law. This Amendment is proposed for Paragraph
XXVIII in Article I, Section I of the Constitution. This Resolution was referred
to the Natural Resources and the Environment Committee.
HB 1052 – Rep. Royal and others have proposed amending O.C.G.A. § 48-8-3(78) so
as to allow an exemption for the sale or use of ice when sold to or used by a
poultry producer or other processor for chilling fowl and other products in
processing for market and for chilling storage rooms, compartments, or delivery
trucks. This Bill was referred to the Ways & Means Committee.
HB 1058 – Rep. Bruce and others authored this measure to amend Article 4A of
Chapter 2 of Title 20 to enact the “Parental Leave Act.” This would allow an
employee, who is a parent of a child or children enrolled in a local school
system, to be permitted time off from his or her employment to attend a
school-related event. The employer may specify, however, the hours during which
the employee may absent himself or herself and may require validation of such
employee’s school visit by a school administrator. A parent cannot take more
than eight hours per school year for such leave. This Bill was referred to the
Education Committee.
HB 1065 – Reps. Royal and others have co-authored this change to Chapter 11 of
Title 48 relating to cigar and cigarette taxes. The bill outlines new
definitions for: cigar; cigarette; dealer; distributor; first taxable
transaction; loose or smokeless tobacco; sale; stamp; and vending machine. This
Bill was referred to the Ways & Means Committee.
HB 1066 – Rep. Royal and others have also authored a change to Chapter 4 of
Title 48 concerning provisions relating to procedures for sales under tax levies
and executions. These provisions relate to when a levy is made upon real or
personal property, the property shall be advertised and sold in the same manner
as provided for executions and judicial sales. It also addresses procedures for
when two or more executions have been levied against a defendant or if two or
more in rem executions have been levied against the same un-returned property,
such executions may be aggregated and a single sale may be conducted for the
total amount due as in the case of a single execution, and the 12-month period
of redemption provided in O.C.G.A. 48-4-40 shall commence as to all such
executions on the date of such sale, provided that at least one of the
executions meets the provisions of this Code Section. Finally, it addresses
advertisements for sales under tax executions, the property being sold may
alternatively be described by tax parcel identification number and current
street address, if any, together with a reference to the recording information
for any deed conveying title to such property without the necessity of using a
full and complete property description. This Bill was referred to the Ways &
Means Committee.
HB 1067 – Reps. Royal, Sims, and Borders have also proposed changing definitions
relating to ad valorem taxation of property as found in Chapter 5 of Title 48.
These definitions relate to “current use value” of bona fide conservation use
property; current use value of bona fide residential transitional property; fair
market value of property; and foreign merchandise in transit. This Bill was
referred to the Ways & Means Committee.
HB 1069 – Reps. Oliver and Benfield have co-authored this proposal amending
O.C.G.A. § 9-11-11.1 concerning freedom of speech and the right to petition
government for redress of grievances. Current law allows in (b) that such a
person can do such for any arising “act.” This specifies that such be a
“communicative or non-communicative act.” This Bill was referred to the
Judiciary Committee.
HB 1070 – Rep. Royal and others have also proposed a change to Chapter 6 of
Title 48 concerning taxation of intangibles to change the provisions regarding
the real estate transfer tax. The new O.C.G.A. § 48-6-1 reads: “There is imposed
a tax at the rate of $1.00 for the first $1,000.00 or fractional part of
$1,000.00 and at the rate of $.10 for each additional $100.00 or fractional part
of $100.00 on each deed, instrument, or other writing by which any lands,
tenements, or other realty sold is granted, assigned, transferred, or otherwise
conveyed to or vested in the purchaser or purchasers, or any other person or
persons by his or their direction, when the consideration or value of the
interest or property conveyed (exclusive of the value of any lien or encumbrance
existing prior to the sale and not removed by the sale) exceeds $100.00.” This
Bill was referred to the Ways & Means Committee.
HB 1071 – Rep. Royal and others have also proposed changes to issuance of tax
executions as found in O.C.G.A. § 48-3-1. It allows the commissioner to issue an
execution for the collection of any tax, fee, license, penalty, interest, or
collection costs due the State. Among other provisions, it states that the
execution shall be directed to all and singular sheriffs of the State or to the
Commissioner or his authorized representatives and shall command them to levy
upon the goods, chattels, lands, and tenements of the taxpayer, provided that
the Commissioner may transmit such executions electronically. This Bill was
referred to the Ways & Means Committee.
HB 1072 – Rep. Royal and others have also proposed changing O.C.G.A. §
48-13-50.2 concerning excise taxes on rooms, lodgings, and accommodations. It
provides new definitions for “innkeeper” and “promoting tourism, conventions,
and trade shows.” This Bill was referred to the Ways & Means Committee.
HB 1073 – Another Tax Code change authored by Rep. Royal proposes amending
O.C.G.A. § 48-12-1 concerning the filing date for estate taxes. It states the
“federal filing date” means the date by which the federal estate tax return must
be filed as required by the Internal Revenue Code. This Bill was referred to the
Ways & Means Committee.
HB 1074 – Rep. Royal and others have also proposed making changes to definitions
relating to income taxes as found in O.C.G.A. § 48-7-1 – such definition changes
are proposed for corporation; deficiency; dividend; fiscal year; income tax day;
nonresidents; nontaxable resident; owning property or doing business in this
state; paid; received; resident; taxable resident; and taxable year. This Bill
was referred to the Ways & Means Committee.
HB 1075 – Reps. O’Neal, Burkhalter, and Golick have carried this change for
Governor Perdue which proposes exempting from civil liability broadcasters who
are engaged in Levi’s Call by adding such exemption to O.C.G.A. § 51-1-50. This
is a companion to the Senate version of this bill as noted above. This Bill was
referred to the Judiciary Committee.
HB 1076 – Rep. Harbin has proposed this change to Chapter 41 of Title 33
relating to captive insurance companies so as to require those issuing workers’
compensation insurance contracts to file their rates and have them approved by
the Department of Insurance. It also proposes to authorize and require these
captive companies to participate in the Georgia Insurers Insolvency Pool when
they are issuing workers’ compensation insurance contracts. This Bill was
referred to the Insurance Committee.
HB 1077 – Rep. Royal has also proposed changing provisions regarding the
Department of Revenue as found in O.C.G.A. § 48-2-1 – the Department shall
administer and enforce the revenue laws of Georgia and such other laws as may be
specifically assigned by law to the department or to the commissioner. The
official and legal office of the department and of the commissioner shall be in
Fulton County. This Bill was referred to the Ways & Means Committee.
HB 1078 – Rep. Royal and others on the Ways and Means Committee have proposed
changing O.C.G.A. § 48-9-2 so as to change definitions relating to taxes
relating to motor fuel and road taxes. It sets out new definitions for terms
such as agricultural field use; aviation gasoline; compressed petroleum gas;
consumer distributor; distributor; dyed fuel oils; export and import; fuel oils;
gasoline; highway use; loading rack; motor fuel; motor vehicle; public highway;
purchase; received; sale; special fuel; terminal; and transport tank truck. This
Bill was referred to the Ways & Means Committee.
HB 1079 – Reps. Royal, Sims, and Borders have also dropped this proposed change
to O.C.G.A. § 48-17-1 concerning definitions regarding coin operated amusement
machines. Such definitions would impact pinball, consoles, video games, etc.
This Bill was referred to the Ways & Means Committee. This Bill was referred to
the Ways & Means Committee.
HB 1080 – Another tax change by Ways and Means Committee Members relates to
definitional changes found in O.C.G.A. § 48-13-91 concerning excise taxes on
rental of motor vehicles. This Bill was referred to the Ways & Means Committee.
This Bill was referred to the Ways & Means Committee.
HB 1081- Reps. Royal, Sims, and Borders have also proposed changing O.C.G.A. §
33-8-4 regarding the amount and method of computing certain taxes on insurance
premiums. All foreign, alien, and domestic insurance companies doing business in
Georgia shall pay a tax of 2 ¼% upon the gross direct premiums received by them
on and after July 1, 1955. The tax shall be levied upon persons, property, or
risks in Georgia from January 1 to December 31, both inclusive, of each year
without regard to business ceded to or assumed from other companies. The tax
shall be imposed upon gross premiums received from direct writings without any
deductions allowed for premium abatements of any kind or character or for
reinsurance or for cash surrender values paid, or for losses or expenses of any
kind; provided, however, deductions shall be allowed for premiums returned on
change of rate or canceled policies; provided, further, that deductions may be
permitted for return premiums or assessments, including all policy dividends,
refunds, or other similar returns paid or credited to policyholders and not
reapplied as premium for additional or extended life insurance. The term “gross
direct premiums” shall not include annuity considerations. This Bill was
referred to the Ways & Means Committee.
HB 1082 – Rep. Royal also placed in the hopper a proposed change to O.C.G.A. §
48-8-2 concerning sales and use taxes. This Bill was referred to the Ways &
Means Committee.
HB 1085 – Rep. Bruce and others have proposed changing O.C.G.A. § 29-5-6
regarding appointment procedures for guardians. It would allow a licensed
clinical social worker as a qualified evaluator to make an evaluation
(currently, a physician or psychologist may make such). It also outlines what
the evaluation must include: a self-report from the proposed ward, if possible;
questions and observations of the proposed ward to assess the functional
abilities of the proposed ward; a review of the records for the proposed ward
including, but not limited to, medical records, medication charts, and other
available records; an assessment of cultural factors and language barriers that
may impact the proposed ward’s abilities and living environment; and all other
factors the evaluator determines to be appropriate to the evaluation. This Bill
was referred to the Judiciary Committee.
HB 1091 – Rep. Hill and others have introduced this measure in an effort to
protect themselves from their employers (probably due to the length of last
year’s Session). This bill amends O.C.G.A. § 28-1-18 and states: “any public
employer shall accommodate the attendance of a public employee who is a member
of the General Assembly at sessions of the General Assembly and committee
meetings thereof; provided, however, that such public employer may, but is not
required to, place any such public employee on administrative leave without pay
for such period of absence. No public employer shall reassign a public employee
to a different job or position because of his or her activities as a member of
the General Assembly unless the public employee consents to such reassignment.”
This Bill was referred to the Industrial Relations Committee.
HB 1094 – Rep. Harbin has offered this change to O.C.G.A. § 33-1-9(e) concerning
insurance fraud so that a natural person convicted of a violation of this Code
Section (rather than limited only to subsection (a)) “shall be guilty of a
felony and shall be punished by imprisonment for not less than two nor more than
ten years, or by a fine of not more than $10,000.00 or both.” This Bill was
referred to the Insurance Committee.
HB 1096 – Rep. Barnes and others have proposed amending O.C.G.A. § 10-1-393 of
the unfair or deceptive acts or practices in consumer transactions so as to
require consumer notification by regular mail or e-mail before a furnisher of
information to a consumer reporting agency reports derogatory information to the
consumer reporting agency. It also requires that such notification include the
name of the provider of the derogatory information and the substance of the
derogatory information (that information which would negatively impact credit
worthiness or credit standing or capacity). This Bill was referred to the
Judiciary Committee.
HB 1100 – Reps. Royal, Sims, and Borders have also proposed changing Chapter 1
of Title 48 to change definitions such as agency, aircraft, airline company,
commissioner, contraband, etc. This Bill was referred to the Ways & Means
Committee.
HB 1105 – Rep. Sims and others have proposed creating an additional exemption in
O.C.G.A. § 48-8-3 (34.4) so as to allow for the sale or use of wax or dies used
directly in the manufacture of parts for military aircraft, watercraft, or
vehicles. This Bill was referred to the Ways & Means Committee.
HB 1106 – Rep. Ray and others have proposed changing Chapter 4 of Title 48
concerning tax sales so as to change the provisions relating to the notice
period required prior to a sale under a tax execution (currently, this notice
period is ten days; the legislation changes it to 30 days). There are also
changes proposed for amounts payable for redemption. This Bill was referred to
the Ways & Means Committee.
HB 1107 – Rep. Rogers and others have proposed amending O.C.G.A. §
48-5-7.4(a)(2)(F) so that the current use assessment for ad valorem taxation of
bona fide conservation use property includes undeveloped riverside or streamside
lands within buffer zones established by law or local ordinance as eligible for
such assessment. This Bill was referred to the Ways & Means Committee.
HB 1108 – Reps. Willard, Burkhalter, Golick, and O’Neal have proposed this
change to Title 16 in an effort to define criminal negligence and to provide for
a definition of cruelty to children and to provide for third degree cruelty to
children as well as penalties. It also makes it unlawful for persons to engage
in activities associated with manufacturing or possessing methamphetamine in the
presence of children. “Criminal negligence” is an act or failure to act which
demonstrates a willful, wanton, or reckless disregard for the safety of others
who might reasonably be expected to be injured thereby.” This Bill was referred
to the Judiciary Committee.
HR 941 – Reps. O’Neal, Burkhalter, and Golick have co-authored for Governor
Perdue this Constitutional Amendment proposing to prevent discrimination in the
public funding of social services by allowing religious or sectarian
organizations to receive public aid, directly or indirectly, for the provision
of such services. This change to the State’s Constitution would be inserted in
paragraph VII of Article I, Section II. This Resolution was referred to the
Judiciary Committee.
HR 968 – In an effort to reduce the numbers of children who are overweight or
obese, Reps. Buckner and Harbin have co-authored this Resolution urging Georgia
schools to provide 30 minutes per day of structured moderate to vigorous
physical activity for children in Grades K-8. This Resolution was referred to
the Education Committee.
Other News
Speaker Coleman has appointed the following Representatives to serve on the
Georgia Rail Passenger Overview Authority: Tommy Smith; Greg Morris; Doug
Stoner; Mike Barnes; and Hinson Mosley.
Lawmakers agreed to a proposed schedule for the period of January 12, 2004
through February 16, 2004 with lawmakers standing in recess during the week of
Saturday, January 17, 2004 through Sunday, January 25, 2004. The House version
of this agreement is HR 944.
The Chief Justice of the Supreme Court of Georgia will be heard in a joint
Session of the House and Senate on Friday, January 16, 2004 at 11:00 a.m. to
deliver a State-of-the Judiciary.
Governor Perdue will deliver his State-of-the-State Address before a Joint
Session on January 14, 2004. Legislators will be called at 7:45 p.m. for the
address.
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