February 18, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

February 18, 2004 

          Greetings from the Gold Dome!  It's half-time!!!  Albany-Dougherty County held a huge party at the Freight Depot for its annual Albany Day activities, which by all accounts was a success. 

Floor News 

          Here are a few highlights from the Senate: 

          Sen. Lamutt presented SB 529, which was engrossed today.  This bill deals with the State's reserve ratio.  The bill has now been assigned to the Senate Insurance and Labor Committee.  One of the more interesting bills, SB 446, was also on the Floor.  This is Sen. Cheeks' legislation which will impact entities which have lobbyists.  It makes it illegal for entities which get public monies to use those monies for lobbying.   This provision goes further than the Dept. of Community Health's vendor lobbying requirements which were adopted earlier this year: 

O.C.G.A. § 21-5-74:
(a) Except as provided in subsection (d) of this Code section, it shall be unlawful for any state department, agency, board, bureau, commission, authority, or other entity of state government or any state officer or employee to pay any public funds to any lobbyist or any other person for the lobbyist's or other person's services in promoting, opposing, or influencing the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor.  (b) Except as provided in subsection (d) of this Code section, it shall be unlawful for any person or organization to pay any funds to any lobbyist or other person for the lobbyist's or other person's services in promoting, opposing, or influencing the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor, where the source of such funds is an appropriation of funds by the General Assembly. (c) Except as provided in subsection (d) of this Code section, it shall be unlawful for a lobbyist or other person to knowingly accept any funds paid in violation of subsection (a) or (b) of this Code section. (d) This Code section shall not apply to the payment of salary or other compensation to a full-time officer or employee of the state who is a lobbyist as that term is defined in this article but who also performs other duties of office or employment in addition to lobbying. (e) Any person who violates subsection (a), (b), or (c) of this Code section shall upon conviction be guilty of a misdemeanor and shall also be subject to civil penalties as provided in this article.

The House took up the FY 2004 Supplemental Budget, HB 1180.  While a number of amendments were proposed, all were defeated with the Supplemental Budget clearing the House by a vote of 102 to 68.  House Members agreed with many of the Governor's recommended 2.5% cuts.  However, the House also cut some of their own expenses by cutting out $600,000 of their operational monies.  Additional Departments and agencies were also asked to take further cuts such as the Department of Motor Vehicle Safety, the State's auditor, and various state courts. 

Georgia's children were of great importance to Legislators.  The House agreed with the additional $17 million for the Dept. of Community Health to fund PeachCare, which is Georgia's Children's Health Insurance Program for low-income families.  The House also proposed to provide $166,000 to help provide monies back to the funding of low-income pregnant women.  After much lobbying by Rep. Michele Henson and others, the House also found monies to fund the $1.3 million proposed to be cut from the State's adult dental program which covers emergency dental needs.  One thing which did not get help was the cut to the Katie Beckett waiver program.  House Members did not restore these monies; parents of these medically fragile children will have to pay "premiums" for the care their children received based upon their income.  However, the Budget folks stated that these monies would be "absorbed" by the Department of Community Health due to the lag time involved in implementing the sliding scale premiums.  The House also restored monies to save the Medical Surgical Unit at Central State Hospital.  This $1.2 million will also keep more than thirty individuals from losing their jobs.  Morehouse School of Medicine and Mercer School of Medicine also got some monies added back ($400,000).  One public safety initiative that the House made was to find $575,000 to fund the State Patrol Outposts on a 24/7 basis; Governor Perdue had suggested closing many of these at night and on weekends.

          Monies were also added to QuickStart to help Georgia's economy with job training for workers and recruitment efforts with new businesses.  Additionally, the Dept. of Labor also got some added monies.  Bond monies were also 'adjusted' with $45 million to work on roads; $20 million on sewer and drinking water initiatives; and $6.5 million for the Georgia Ports Authority.  Of course, bond monies will also be used for the State's universities and colleges and its technical colleges.

$850,000 were added back to the State's libraries.  To expand learning and academic opportunity in Georgia, House lawmakers were able to find the money to avoid a suggested $850,000 cut to the state's libraries.

Other changes include:

• $1.65 million would be added to the Department of Corrections so that workers are not forced to take unpaid leave monthly.

• $125,000 was restored to the Georgia Rural Water Association.

• $100,000 was restored to the "Three O'clock Project," a program for at-risk children to keep them away from drugs by promoting academic excellence.

One of the major issues was the recently "found" monies - $90 million of fee reserve was found which the Governor's Budget did not include in its total.  The House plans to use the "found" monies to prepay a large portion of FY 2005's bond obligation debt which could help free up monies to spend on local schools (thus avoiding property tax increases).  Some House Members felt these monies should go to the "rainy day fund."

Among the other bills which were taken up included:

• HB 1250, which proposes to protect Georgia's senior citizens from those who would prey upon them, by providing education to the elderly on crimes and how such crimes are committed against them, passed by a vote of 150 to 7.  This Legislation creates a Senior Protection Advisory Council to oversee the education efforts and teach seniors how to protect themselves, as well as provide for procedures for reporting illegal activities.  This Council would be composed of the Attorney General and three members appointed by the Speaker, Lt. Governor, and Governor.

• HB 300 passed by a vote of147 to 6.  It proposes to allow a number of General Assembly Members the ability to buy into the State Legislative Retirement System with General Assembly Members paying full actuarial costs.

• HB 1331 passed unanimously by a vote of 161 to zero.  The bill proposes to grant Juvenile Court Judges discretion over the sealing of records in certain cases.

• A sales and use tax exemption bill, HB 1409, passed by a vote of 160 to 2.  This provides an exemption for loose ice used to cool agricultural products.  Another exemption is already in place for agricultural products which are boxed with ice.  This will help farmers with their corn crops.

New Legislation 

SB 530 – Sens. Lamutt and others have offered this change to O.C.G.A. § 12-5-33 to provide for grants to nonprofit organizations for non-point source water pollution control.  The award of these contracts will be consistent with criteria established by the Board of Natural Resources. 

SR 784 – Sen. Zamarripa and others have offered this Resolution urging and requesting the Dept. of Human Resources and Dept. of Community Health to take certain actions with respect to certain services for people with developmental and physical disabilities.  Specifically, the Resolution proposes to unlock the waiting list for persons waiting to get funded services.  There are approximately 5,000 persons on the waiting lists. 

SR 786 – Sens. Mullis, Hudgens, Shafer, Johnson, Smith, and others have proposed encouraging the display of the Ten Commandments and the acknowledgement of God by local governments and the State of Georgia. 

HB 1503 – Reps. Ray and Royal co-authored this proposal to Chapter 4 of Title 48.  It changes provisions relating to the notice period required prior to sale under a tax execution and the amount payable for redemption.  The notice period is extended to 30 days (from ten days) to the Defendant of when such sale is to take place.   See O.C.G.A. § 48-4-1(a).  "The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall with respect to any sale made after July 1, 2004, be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus any taxes paid on the property by the purchaser after the sale for taxes, plus any special assessments on the property, plus a premium of 10 percent (current law is 20%) of the amount for the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made and 7  percent (current law is 10%) for each year or fraction of a year thereafter.  If redemption is not made until more than 30 days after the notice provided for in Code Section § 48-4-45 has been given, there shall be added to the redemption price the sheriff's cost in connection with serving the notice and the cost of publication of the notice, if any.  All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchaser's successors. 

HB 1504 – Rep. Borders and colleagues have offered a new version of the sales tax holiday as found in O.C.G.A. § 48-8-3(75).  This will allow for the exemption of sales and use taxes for certain purchases during a period commencing at 12:01 a.m. on July 29, 2004 through and concluding at 12:00 midnight on August 1, 2004.  There are some additional covered purchases added in subparagraph iv) "Noncommercial purchases of general articles and supplies to be utilized for college and dormitory living, with a sales price of $250.00 or less per item, including compact refrigerators; microwave ovens; hot plates; toasters and toaster ovens; coffee makers; television combination sets of 25 inches or less; flashlights; bookcases; fans; alarm clocks; clock radios; lamps; vacuum cleaners; storage containers and bins; shelving; telephones; irons and ironing boards; humidifiers; space heaters; toolboxes; packaged tool sets; hand tools with a sales price of less than $25.00; cordless power tools; rugs or carpet of a size of 8 feet by 10 feet or smaller; paint; window blinds; fire extinguishers; and smoke alarms." 

HB 1505 – Rep. Smith and others have dropped this change to O.C.G.A. § 44-7-51 to require the payment of a fee to accompany an answer to a summons in a dispossessory proceeding.  This filing fee must be equivalent to that required of the landlord for filing the dispossessory action, subject to the exception for indigence found in O.C.G.A. § 15-6-77(e)(2). 

HB 1506 – Reps. Jamieson, Rogers, and Royal have dropped this change to Article 7 of Chapter 8 of Title 48 to authorize the setoff debt collection against State income tax refunds with respect to certain debts owed to political subdivisions. 

HB 1507 – Rep. O'Neal and others have proposed this bill amending Titles 10 and 48 regarding venture capital.  It overhauls provisions regarding venture capital and the Seed-Capital Fund.  The most significant revisions come in O.C.G.A. § 10-10-4 governing transfers from the fund and in O.C.G.A. § 10-10-5 which allows the transfers from the fund to make unsecured or secured loans.   

HB 1508 – Reps. Campbell and Willard have co-authored this amendment to Chapter 9 of Title 9 to require that all medical malpractice claims be submitted to a medical malpractice review panel.  The bill provides for the creation of these panels and how members will be selected.  There are also provisions for a non-binding opinion and award of damages.  This applies to licensed health care providers such as physicians, hospitals, clinics, nursing homes, dentists, registered nurses, psychologists, chiropractors, podiatrists, etc.  Panels will be selected as follows:   (1) The clerk of the court shall compile and keep current two separate lists as follows: (A) A list of all physicians engaged in the active practice of medicine in this state; and
(B) A list of all attorneys engaged in the active practice of law in this state and who are admitted to the State Bar of Georgia; (2) The members of the panel shall be selected by the clerk of the court at random from the appropriate list; (3) Each party shall have one peremptory challenge to the attorneys selected; (4) Members selected at random shall be designated by the court to serve unless disqualified by reason of close relationship with or personal bias toward any party to the action; (5) Any member so selected shall serve upon the panel unless for good cause shown he or she is excused by the court.  The court shall excuse a member from serving only if it finds, on the basis of facts set forth in an affidavit submitted by such member, that such service would constitute an unreasonable burden or undue hardship, or that such service would give rise to a conflict of interest; and (6) After a name has been struck by one of the parties or a member excused by the court, the clerk shall select a substitute member from the same list.  The Clerk of the Court in which the civil action has been filed will be responsible for the administration of the procedures of selection of candidates for service on these panels.  These panels must take an oath.  Cases will still be assigned a judge and not remove a case from discovery or applicable motions practice for regular court procedures.  The panels will be provided evidence in written form only (depositions may be taken of witnesses prior to the convening of the panel).  Any document or other evidence which is generated in connection with the panel proceeding will be subject to discovery.  An opinion reached and report issued by these panels shall be admissible as prima facie evidence in the Superior Court action where the case was brought but that opinion will not be conclusive.  The bill proposes that the jury be instructed in general terms that the opinion of the panel shall be considered and evaluated in the same manner as other expert testimony.  Any panel member may be called by any party and may be cross-examined as to the content of the panel's report.  The bill also addresses awards and fees assessed:  See O.C.G.A. § 9-9-99:

If the party demanding a jury trial does not achieve:
(1) A reversal of the medical malpractice review panel award; or
(2) An increase or decrease of damages by 15 percent of the panel's award,
then the demanding party shall be assessed the costs incurred by the medical malpractice review panel.

O.C.G.A. § 9-9-100
If a medical malpractice review panel convenes for more than one day of hearings, then for every day in excess thereof each member of the panel shall receive reasonable compensation based on the extent and duration of services rendered. 

HB 1510 – Reps. Jamieson and Moraitakis have proposed a change to Chapter 44 of Title 36 concerning the "Redevelopment Powers Law."  This changes provisions regarding the creation of tax allocation districts. 

HB 1511 – Reps. McClinton and others have proposed this revision to O.C.G.A. § 48-8-3 to provide for an exemption from sales and use taxes on sales of certain tangible personal property used in direct connection with the construction of symphony halls which are being owned or operated by a 501(c)(3) entity. 

HB 1512 – Reps. Henson and others have proposed this amendment to Chapter 9 of Title 43 governing chiropractors' scope of practice.  It provides for additional authority for the Board of Chiropractors to condition any sanction for a non-clinical infraction, including the authority to expunge or delete such infraction from the disciplinary record of any licensee. 

HB 1513 – Rep. Bannister has offered another SPLOST bill amending O.C.G.A. § 48-8-121.  This relates to the use of the proceeds from the special purpose 1% sales and use tax.  It requires the governing authority of each local government receiving any proceeds from the tax to publish annually the audit provided for in O.C.G.A. § 48-8-121(a)(2)(A) in a newspaper of general circulation in the boundaries of such local government. 

HB 1515 – Rep. Parrish has proposed amending Article 2 of Chapter 7 of Title 48 concerning the state income tax law to provide additional changes to tax credits for existing manufacturing and telecommunications facilities in tier 1, 2, 3, and 4 counties.  This bill is similar to HB 1516.  This impacts a wireless telecommunications carrier.  

HB 1516 – Rep. Parrish has offered this amendment to Article 2 of Chapter 7 of Title 48 to change provisions regarding tax credits for existing manufacturing and telecommunications' facilities in tier 1, 2, 3, and 4 counties.  This would impact the imposition, rate, computation, and exemptions relating to these taxes.  One of the changes would benefit a wireless telecommunications carrier (under the North American Industry Classification System Code 5172) and is also classified as a partnership for State income tax purposes. 

HB 1518 – Rep. Wix and others have proposed revisions to the State's law governing the "Georgia Emergency Telephone Number 911" as found in Part 4 of Article 2 of Chapter 5 of Title 46.  Among the bill's provisions include a requirement that all service suppliers in Georgia provide information to the Georgia Emergency Management Agency and periodically update that information.  Additionally, it will authorize an increase in the monthly 911 charges and the monthly wireless enhanced 911 charges (in certain circumstances this could be $2.00 per month by a local government who will provide or will have the ability to provide within 12 months of the increase an enhanced 911 service or the capability of an automated number identification and automatic location identification of a wireless telecommunications connection to a subscriber).  There are deletions to provisions relating to the Wireless Phase I and II Reserve Accounts.  Monies from these accounts will be transferred to the Emergency Telephone System Fund. 

HR 1336 – Rep. Ashe has authored this Constitutional Amendment to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.  This change would be added in Article IX, Section IV of the Constitution and add a new 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, municipal, or educational purposes or any combination thereof not to exceed 5 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, municipal, or educational purposes or any combination thereof, excluding any additions or improvements thereto, not to exceed 5 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, municipality, or school district for which no or insufficient federal or state appropriations have been made or to fund expenditures necessitated by natural disasters. 

Committee News 

          The House Governmental Affairs Committee met to discuss a number of pieces of legislation.  However, only limited action was taken.  HB 1026, a bill by Rep. Gail Buckner, cleared the Committee.  It deals with the safe keeping of records created or received by a state agency, constitutional officer, or Speaker of the House, in the performance of a public duty or paid for by public funds, and certified by the Director of the Division of Archives and History as necessary to document the history, organization, functions, policies, decisions, and procedures of the agency or office, shall be placed for permanent preservation in the Division of Archives and History when no longer in current use by the agency, officer or Speaker of the House.  This will not apply to records of the President Pro Tem of the Senate.  The Secretary of State is also hopeful that this bill will help prevent the illegal sale of "historical documents." 

          Another bill before the Committee was HB 1379 by Rep. Ron Dodson.  This legislation seeks to ensure a safe work place.  This proposed change to Title 43 seeks to provide title protection to specific titles within the profession of industrial hygiene and prohibit certain persons from representing themselves to the public as certified industrial hygienists, industrial hygienists in training, industrial hygienists, construction health and safety technologists, or occupational health and safety technologists.  A number of questions were raised to the bill's author; he could not really respond except the bill had been prepared for Delta Air Lines.  As there were no representatives from Delta or the industrial hygiene community, the bill was held for further study. 

          HB 1028 by Rep. Powell was also on the agenda.  It proposes the creation in Title 31 of the Georgia Hospital Insurance Authority to obtain insurance and/or reinsurance for hospitals and other medical facilities through the use of grants or loans and may actually sell bonds to do such in an effort to assist these medical facilities with their rising costs of medical malpractice insurance premiums.  A caveat for participation is that the medical facility would be required to provide indigent care.  The bill, as written, applies to both for-profit and not-for-profit facilities.  Rep. Austin Scott raised a lot of questions regarding the legislation – he was concerned about a for-profit facility participating in such with State-backed bonds.  Additionally, he is also concerned that there is no indigent care commitment requirement except for one case in order for a facility to participate.  Rep. Powell indicated that the intent was to help critical access hospitals.  Rep. Scott also stated that no one testified from the hospitals at the Subcommittee hearing on the bill.  Rep. Powell is holding the bill until he hears more from bond counsel on the financial issues proposed.  Rep. Powell may call a Committee meeting on the Floor on this legislation.  In the meantime, Rep. Scott was encouraged to get with the hospitals on the issue. 

          HB 1481 also passed out of the Committee.  This bill was engrossed and mirrors HB 1428 according to the bill's author, Rep. Lynn Smith.  This bill deals with polling places inside gated communities.  It is designed to help with precinct boundaries for counties.   

          Rep. Forster presented HB 1167 to the Committee.  His bill deals with a technical change for the law passed last year governing architectural training and education requirements.  No other changes were made to the bill and it passed.

If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.

Back to main page