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February 19, 2004 For more information contact: 404-817-6133 404-817-6247 404-817-6170 |
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February 19, 2004 Greetings from the Dome! Legislators worked hard today even though it was reported that only a few bills had cleared both Chambers. Maps were also a continuing point of discussion as the March 1 deadline draws closer. Word was also circulating that Speaker Murphy was improving at Piedmont Hospital after suffering a stroke. Here are a few highlights from today: Floor News The Senate welcomed Congressman Mac Collins to its Chamber today. It also took up two bills. SB 502, the annual update for the State's dangerous drug list, cleared the Senate. This bill amends Title 16; there were no amendments made on the Floor today on this bill. SR 733 was also adopted. It proposes Atlanta Motor Speedway Day at the Capitol. The House passed HB 211 this morning. The bill proposes to protect assistance dogs, and the persons they help, from harassment or injury. These assistance dogs help with the daily living needs of disabled persons, such as the blind, and are extremely costly to train. HB 211 proposes to make it a misdemeanor for anyone who intentionally harasses a known assistance dog, or allows their dog to harass such an animal. Punishment could be at least 90 days in jail, a fine of up to $500, or both. Repeat offenses would be considered misdemeanors of a high and aggravated nature and would carry stiffer penalties including more jail time and up to $10,000 in fines. Any individual who knowingly allows their dog to attack and seriously injure an assistance dog would also be guilty of a misdemeanor of a high and aggravated nature. In that instance, stronger penalties would apply. HB 1295 passed by a vote of 152 to 1. It proposes new transportation dollar spending guidelines. Some House Members have apparently received complaints from cities and counties which are located along Georgia's federal interstate highways. The interstate repair projects are draining that district's share of transportation funding and leaving little for local transportation initiatives. HB 1295 proposes an exemption so that these areas affected may get some relief. The bill also proposes to add money from Georgia's gasoline sales and use tax to help these cities and counties pay for local roads. Four cents from every dollar of gasoline sold in this state is collected in sales and use taxes. At present, three pennies of this tax are devoted directly to the Department of Transportation to be used on transportation projects. The remaining cent is forwarded to the State's General Treasury. The new proposal would redirect the fourth cent from the General Treasury, back to the Dept. of Transportation. It is believed that this might generate approximately $70 million per year in extra monies for transportation spending. There are limits, too, on how the fourth cent may be spent (such as funding the Local Assistance Road Program and payment for special needs arising throughout the year within the Dept. of Transportation).
The House also passed out a bill concerning training of the State's tax collectors and tax commissioners. HB 1391 passed unanimously by a vote of 165 to zero. This bill addresses the class sizes for the fifteen hours of continuing education required for these persons. New Legislation HB 1489 – Rep. Oliver has proposed an amendment concerning bond provisions for family violence offenses in O.C.G.A. § 17-6-1. "When an arrest is made by a law enforcement officer for an act of family violence as defined in Code Section 19-13-1, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21. The judicial officer shall consider imposing specific conditions of bail as set forth in paragraph (3) of subsection (f) of this Code section." The bill has been assigned to the House Special Judiciary Committee. HB 1519 – Reps. Porter and others have proposed amending Chapter 2 of Title 26 to enact the "Common-sense Consumption Act" to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity. "The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability where the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally-known condition allegedly caused by or allegedly likely to result from long-term consumption of food is based on: (1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of this state or of the United States and the claimed injury was proximately caused by such violation; or (2) Any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful and the claimed injury was proximately caused by such violation." This mirrors Sen. Preston Smith's bill mentioned below. This bill was forwarded to the House Committee on Economic Development and Tourism. HB 1520 – Reps. Ray and Royal have proposed this change to Chapter 4 of Title 48 concerning tax sales in order to change the notice period requirements prior to a sale under a tax execution. The Defendant will be given 30 days' written notice of such sale (rather than 10 days which is current law), and in the case of real property, a sign must be posted on the property for 30 days prior to the date of sale giving notice of the sale. It also proposes changes to the amount to be paid for redemption of the property for sales made after July 1, 2004. It would be the amount paid for the property at the tax sale, as shown by the recitals on the tax deed, plus any taxes paid on the property by the purchaser at the sale for taxes, plus any special assessments on the property, plus a premium of 10% 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% for each year or fraction of a year thereafter. This was forwarded to the House Ways and Means Committee. HB 1522 – Reps. Channell, O'Neal, Childers, Parrish, and Shaw have proposed this "Health Share Volunteers in Medicine Act." It will help provide uncompensated health care services to low-income persons and provide those volunteers immunity from liability as these volunteers will be considered State employees in carrying out their duties as governmental contractors with the State. These revisions will be made in Chapter 8 of Title 31; Chapter 9 of Title 34; and Article 2 of Chapter 21 of Title 50. This bill has been sent to the House Industrial Relations Committee for review. HB 1523 – Rep. Parrish and others are proposing a Tax Code change to provide for income tax credits for certain motion picture production investments in Article 2 of Chapter 7 of Title 48. Some key definitions in the bill include:
"'Motion picture'
means a single media or multimedia program made in this state, in whole or in
part, in either short or long form, including advertising, animation, and music,
fixed on a delivery system which includes without limitation film, videotape,
computer disc, laser disc, and any element of the digital domain, from which the
program is viewed or reproduced, and which is intended for public or private
exhibition via theaters, licensed for exhibition by individual television
stations, groups of stations, networks, cable television stations, public
broadcasting stations, corporations, live venues, the Internet, or any other
channel of exhibition. Such term shall not include the production of television
coverage of news and athletic events. The credit would be applied to a "state certified production" which is a motion picture produced in Georgia and approved by the Dept. of Industry, Trade, and Tourism. The bill outlines the calculation of the percentage permitted based upon the investment (it would appear that this would apply to investments of more than $200,000.). This bill was referred to the House Ways and Means Committee. HB 1524 – Reps. McBee and Heard have co-authored this change to the Tax Code and specifically amending Article 3 of Chapter 13 of Title 48 to change the provisions regarding the levy and collection of excise taxes on the furnishing for value to the public of any rooms, lodgings, or accommodations. It allows for consolidated governments to levy those taxes. This measure was forwarded to the House Ways and Means Committee. HB 1526 – Reps. Harbin, Buckner, Smith, Walker, and Randall have co-authored this amendment to Chapter 12 of Title 31. It expands the childhood vaccination registry to include vaccination on all persons from birth through death. Currently, the registry only deals with childhood diseases. This bill has been referred to the House Health and Human Services Committee. HB 1527 – Reps. Royal and O'Neal have co-authored these changes to Chapter 88 of Title 36. The bill amends current law on tax credits for business enterprises in less developed areas and authorizes the addition to the job tax credit program of areas where there is a poverty rate of 20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight. Additionally, the bill provides that, in areas suffering from pervasive poverty, job tax credits shall be allowed to any lawful business and it proposes to remove the requirement that 30 percent of the new full-time jobs must be held by a resident of the affected area or similar area. It also proposes to increase the allowable amount of tax credits that can be claimed in a tax year from 50 percent to 100 percent of the taxpayer's state income tax liability. This bill was sent to the House Ways and Means Committee. HB 1528 – Rep. Royal and others have proposed an exemption from sales and use taxes those sales of certain tangible personal property to, or used in the construction of, certain corporate attractions. A corporate attraction is defined as "any tourist attraction facility constructed on or after the effective date of this paragraph dedicated to the history and products of a corporation which costs exceeds $50 million, is greater than 60,000 square feet of space, and has associated facilities, including but not limited to parking decks and landscaping owned by the same owner as the eligible corporate attraction." This proposal would be inserted in O.C.G.A. § 48-8-3(78). This bill will now be heard by the House Ways and Means Committee. HB 1530 – Reps. Jordan, Thomas, Mitchell, and Hill have proposed a new Code Section for 48-7-29.9 to provide for an income tax credit for certain teachers or paraprofessionals employed in a public school system by a county or independent board of education in the State. After eight years of continuous employment, a teacher or paraprofessional could get a 33% tax credit against the tax imposed and such tax attributable to the taxpayer's public school salary; after 15 years of continuous employment, a credit of 66%; and after 20 years, a 100% credit. This bill will also be heard by the House Ways and Means Committee. HB 1533 – Rep. Scott, Houston, Brown, Hudson, and Murphy have co-authored this change to O.C.G.A. § 31-7-11.1: "No hospital or hospital authority shall charge an uninsured patient an amount greater than the average rate charged by the hospital for the specific service or services rendered under all managed care plan contracts entered into by such hospital." This has been referred to the House Health and Human Services Committee. HB 1534 – Rep. Dodson and others have proposed an amendment to Article 1 of Chapter 7 of Title 31 to provide for immunity for certain hospitals that have independent contractor relationships with certain healthcare providers. This is inserted in the sections relating to hospitals and related institutions and their denial of staffing privileges. A new Code Section is added at 31-7-7.2: a) As used in this
Code section, the term: This bill was forwarded to the House Judiciary Committee. HB 1537 – Rep. Westmoreland and others have proposed a change to Article 3 of Chapter 13 of Title 45 to recognize the religious heritage of America and to direct the Secretary of State to prepare documents relative to that heritage. It also authorizes counties to post documents relative to that heritage for education. It further directs the Attorney General to defend counties who display documents relative to the religious heritage of America. This was referred to the House Rules Committee. HB 1540 – Rep. Ashe has authored this change to Chapter 5 of Title 48 relating to ad valorem taxation of property. It changes the time for making ad valorem property tax returns; changes provisions regarding publication by levying or recommending authorities of ad valorem tax rates; etc. Currently, the tax commissioner and tax receiver open the tax commissioner or receiver books for the return of taxes on January 1 and close their books in April. This proposes the closure of the books in March of each year. Among other provisions are that it appeals to repeal the current publication requirements for ad valorem rates and redefines the term "roll-back rate." This was sent to the House Ways and Means Committee. HB 1541 – Rep. Heard has proposed this change to O.C.G.A. § 48-7-40.12(a)(1) to change the definition of the base amount for purposes of calculating a State income tax credit for qualified research expenses. "Base amount" means "the same as the term 'qualified organization base period amount' as that term is defined in Section 41(e) of the Internal Revenue Code of 1986, as amended." This bill was also sent to the House Ways and Means Committee. HB 1542 – Rep. Stoner and colleagues have authored this proposal amending Title 43 to add a new Chapter 24A to regulate the practice of massage therapy. It creates a Board of Massage Therapy to oversee this practice. The bill also provides for licensure requirements, including educational requirements, and provides for provisional permits and licensing examinations. Similar bills have been offered before but have been held up for various reasons. This bill was referred to the Committee on Governmental Affairs. HB 1546 – Reps. Royal, Coleman, and others have introduced this amendment to Chapter 8 of Title 48 concerning limitations on the maximum amount of local sales and use taxes and to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1% sales and use tax. This bill was forwarded to the House Ways and Means Committee. HB 1550 – Reps. Mobley and others have dropped this change to O.C.G.A. § 9-11-9.1 and Title 31 concerning professional malpractice for midwives and provide for licensure for certified professional midwives. The midwives would be overseen by the Georgia Board of Certified Professional Midwives composed of five members to be appointed by the Governor (it would be composed of three certified professional midwives who have attended at least 50 deliveries as midwives; one consumer; and one certified nurse-midwife or licensed physician who has first-hand experience with out-of-hospital birth). Such midwives, who are certified, may be able to use the title "licensed midwife" and the abbreviation "LM." To be eligible for licensure, a midwife must be: 1) at least 18 years of age; 2) have graduated from high school or the equivalent thereof; 3) be a certified professional midwife with current certification; 4) have current certification for cardiopulmonary resuscitation and neonatal resuscitation; and 5) be in good physical and mental health. Any license issued will be valid for four years and must be renewed prior to the expiration of the license. There are disciplinary proceedings permitted to be undertaken by this Board. Further it requires insurance coverage: "Any health insurance policy, health maintenance organization plan, or other form of health insurance coverage that covers maternity care, including Medicaid, may not deny coverage for maternity care provided by a licensed midwife in any setting and must reimburse maternity care by a licensed midwife at the same rate as for other providers of maternity care covered by the insurance policy." HB 1553 – Reps. Stephens and others have proposed to provide for additional appeal procedures with respect to taxpayers who are absent due to military service concerning any county boards of equalization and ad valorem tax appeals. HB 1554 – Rep. Sinkfield and others have proposed changes to Article 1 of Chapter 5 of Title 49. This amends the current law governing the numbers of qualified child protective services workers in place within the Dept. of Human Resources. It also proposes caseload limits for these workers and additional requirements relating to initial investigations to be performed. The workers who are primarily to conduct initial investigations into allegations of child abuse, neglect, or exploitation and determine the level of risk to the child or children are to have caseloads of no greater than 12 active cases per month. Workers who are to primarily provide follow-up and adoption and placement resources, recommend or take appropriate action, provide continued assessment, or provide case management services will be limited to caseloads of no greater than 17 families at any one time. Those workers who have both responsibilities as noted above will be limited to no more than ten active families and four active reports combined. There are also changes regarding supervision of these child protective services workers by the Division of Family and Children Services and would place in statute a requirement for a monthly report to be generated and provided to the Board of the Dept. of Human Resources concerning the caseloads of the child protective services workers. HB 1555 – Rep. Channell and others have offered this change to O.C.G.A. § 34-8-156(d)(4)(B) relating to employment security. It extends the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio. It also deletes the part-time employment coverage and military transfer coverage which were to be studied in a Study Committee during the summer of 2003. HB 1562 – Rep. Gail Buckner and others have proposed an increase to the percentage of the additional penalty which is imposed to fund victim assistance programs. Currently, this penalty is 5% of the original fine; this would raise it to 8%. HB 1563 – Rep. Tommy Smith has proposed this amending to O.C.G.A. § 50-8-35(a)(3) to provide that regional development centers may enter into lease-purchase agreements to acquire real and personal property. HB 1565 – Rep. Lunsford and others have proposed amending O.C.G.A. § 36-37-6 to allow that the General Assembly may by local Act authorize a municipal corporation to lease municipal property for up to five years with options to renew such lease for three additional five-year periods to a non-profit corporation for certain purposes related to recreation (fairgrounds, ball fields, golf courses, swimming pools, or other similar property). As a condition of any lease or management contract, the lessee or contractee must provide and maintain in force and effect throughout the term of such lease or management contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured. Additionally, it shall assume sole responsibility for or incur liability for any injury to person or property caused by any act or omission of such person while on the property and must agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by such person. This insurance, and any changes, must be provided monthly in writing to the municipality to show that it is in force and effect. HR 1345 – Rep. Hugley and others have offered a new Rule to the House Rules. This would be included as Rule 121.1: Any bill and any amendment or substitute to a bill proposing a change in the description of the composition of any congressional district, state representative district, state senatorial district, or any election district of any political subdivision of the state cannot be offered unless such bill, amendment, or substitute has been prepared by the Office of Legislative Counsel, at the time of its offering has printed thereon in the upper right portion of each page an LC or AM number, and has attached to the bill, amendment, or substitute the proposed new description of the composition of the district or districts as prepared by the Legislative and Congressional Reapportionment Office. This rule shall not apply to any amendment to such a reapportionment bill, amendment, or substitute when such amendment does not describe or redescribe the composition of such a district or districts. This Resolution was sent to the House Rules Committee. HR 1348 – Reps. White and other colleagues have offered this Resolution requesting the Congress of the United States to pass legislation which will declare that the power to display the Ten Commandments on or within property owned or administered by the several states or political subdivisions thereof is among the powers reserved to the states. It also requests Congress to pass legislation declaring that the power to recite the Pledge of Allegiance on or within property owned or administered by the several states or political subdivisions thereof is among the powers reserved to the states. The Resolution also requests the same for the national motto. It also makes a request that Congress pass legislation making certain exceptions to the subject matter jurisdiction of federal courts inferior to the United States Supreme Court. This Resolution was referred to the House Rules Committee. HR 1355 – Get your engines ready race fans! Rep. Barnes and several colleagues have proposed designating March 11, 2004 as "NASCAR Day" in Georgia. HR 1370 – Rep. Reece and others have proposed creating the House Protection from the Dangers of Methamphetamine Manufacture Study Committee. This Committee would be composed of five Members of the House of Representatives appointed by the Speaker. It would undertake a study of residual effects of exposure to toxic fumes generated by methamphetamine manufacture, best practices for scouring the site of a former methamphetamine lab, procedures for ensuring that the site is safe for human occupancy, etc. It would report back its findings by December 1, 2004. HR 1371 – Rep. Reece and others have proposed a Constitutional amendment to provide for tax relief with respect to ad valorem property taxation for educational purposes through the imposition of the 1% State sales and use tax. This amendment would be inserted in Article VII with a new Section, Section IIB: Paragraph I. State taxation for education. In addition to any state or local sales and use tax in effect on January 1, 2005, there is imposed effective on that date and thereafter a 1 percent state sales and use tax. The sales and use tax imposed by this Paragraph shall correspond to the state sales and use tax imposed by the revenue laws of this state, as now or hereafter amended, except as otherwise provided in this Paragraph. The tax imposed pursuant to this Paragraph shall not apply to sales of prescription drugs and shall not be subject to any sales and use tax exemption provided by general law unless expressly provided otherwise by the General Assembly. The tax imposed by this Paragraph shall be levied and collected in the same manner as the other state sales and use tax is levied and collected. Such proceeds shall be deposited in the education tax relief account.
HR 1372 – Rep. Reece also offered another Resolution with the same language of HR 1371. HR 1375 – Rep. Marin and others have offered this Resolution urging the United States Congress and the President of the United States to pass comprehensive immigration reform in order to protect our homeland, secure continued economic development, and protect the rights of all immigrants. SB 532 – Sens. Clay, Adelman, and Tanksley have co-authored this change to Chapter 2 of Title 14. There are a number of amendments proposed to the Corporate Code in this bill. Among those include updating provisions relating to business corporations; provisions for undeliverable shareholder notices; the ability to use electronic transmissions; revisions for renunciation of business opportunities; revisions to share options, shareholders' preemptive rights; etc. This bill was referred to the Senate Judiciary Committee. SB 535 – Sens. Hall and Collins have proposed extending the date of the termination of the State Commission on Family Violence. It currently is to expire on January 1, 2006. This amendment proposes to require the Commission to cease its existence on January 1, 2010. This will be placed at O.C.G.A. § 19-13-35. This was sent to the Senate Children and Youth Committee. SB 539 – Sens. Stokes, Jackson, Henson, and Butler have dropped this amendment to Article 5 of Chapter 4 of Title 26. It also amends Article 1 of Chapter 3 of Title 37. It prohibits the requirement of prior authorization or other restrictions on medications prescribed for patients receiving treatment for certain medical conditions under the Medicaid- and other State-funded healthcare plans. This is the Title 26 amendment. It states that no requirement for prior authorization or other restrictions may be imposed on prescriptions for patients who are enrolled in a Medicaid- or State-funded healthcare program who are receiving treatment for cardiovascular disease, diabetes, HIV/acquired immune deficiency syndrome, or cancer. It also prohibits the use of prior authorization or other restrictions prescribed for patients receiving treatment for certain mental illnesses under Medicaid- or other State-funded healthcare program. This Title 37 amendment would prohibit prior authorization or other restrictions when treating a Medicaid recipient or other State-funded health plan recipient for mental illnesses which are listed in the current national diagnostic and statistical manual of mental disorders published by a national psychiatric association including, but not limited to, schizophrenia, severe clinical depression, bipolar disorder, or attention deficit hyperactivity disorder. This was referred to the Senate Health and Human Services Committee. SB 540 – Sens. Preston Smith and others have offered this bill proposing the enactment of the "Common-sense Consumption Act." It will be placed in Article 16 of Chapter 2 of Title 26. It proposes for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity. This adds limited liability for food manufacturers arising from claims arising out of weight gain, obesity, etc. There are limitations on this liability. The language in this legislation does not preclude civil liability where the claim of weight gain, obesity, health condition associated with such or other generally-known condition allegedly cause by or allegedly likely to result from long-term consumption of food if such is based on material violation of an adulteration or misbranding requirement and injury was the result of such; or any material violation of fed or state law applicable to manufacturing, marketing, distribution, advertising, labeling, or sale of the food provided when that violation is knowing and willful and the claimed injury was proximately caused by that violation. This was forwarded to the Senate Judiciary Committee. SB 542 – Sen. Jackson and others have proposed this Article 2 of Chapter 2 of Title 40 amendment to provide for special license plates promoting organ and tissue donation organizations. SB 543 – Sen. Balfour has dropped this amendment to O.C.G.A. § 26-4-60 to delete provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers. This would allow mail order of prescription drug refills to be done within Georgia by any pharmacy wishing to mail such refills to patients with a valid prescription. It would also allow such prescription drug refills to be delivered by UPS. SB 544 – Sen. Balfour has also authored this measure amending O.C.G.A. § 30-30-4.3 allowing a health maintenance organization to utilize a licensed Georgia pharmacy that is owned and operated by such HMO to distribute refills of prescription drugs by mail or other common carrier for its enrollees. This bill mirrors HB 1478. SB 546 – Sens. Connie Stokes and Horacena Tate have co-authored this measure to provide for the availability of information in child welfare agencies relating to recall notices on unsafe child care products. This would apply to any agency, department or office which regulates child welfare agencies. These agencies would be required to post the phone number and website of the United States Consumer Product Safety Commission in a location which is visible to parents and visitors. SR 802 – Sens. Jackson, Thomas, Starr, and Thomas have proposed a Constitutional Amendment to provide for a special license plate promoting organ and tissue donation organizations in Article III, Section IX, Paragraph VI of the State's Constitution. Committee News The Senate Insurance and Labor Committee met this afternoon. The first bill on its agenda was SB 435 presented by Sen. Tolleson on class action lawsuits. According to Sen. Tolleson the bill defines the "class" up front and provides for a scheduling conference. Courts are also allowed the right to dispose of a class action before taking up the discovery matters. Sen. Tolleson also stated that it provides for an immediate right of appeal. A number of questions were raised by Sen. Seth Harp including how many class action lawsuits are filed in Georgia annually. No one knew that answer. Additionally, Sen. Harp stated that the bill proposes what is referred to as the "Alabama Rule;" last year the Senate voted out such proposal on class actions but the House changed the bill in its tort reform bill, passed HB 792 and adopted the federal rules on class actions. Sen. Harp also asked if any litigation of this nature had been filed since last Session. The federal rule is more limited, per the Georgia Trial Lawyers Association lobbyist, Bill Clark. The bill had discretion for an appeal. This proposal is supposedly a way in which to shorten the process. Brian Hudson, with Home Depot, who last year pushed the bill on reforming class actions was present and was asked about this bill. He stated that the law passed by the General Assembly in 2003 was better than what Georgia had and he believed that corporate America would benefit from SB 435. The bill was held. HB 547 passed out of the Insurance and Labor Committee. It proposes to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges on motor vehicle insurance for certain public safety employees who are involved in automobile accidents. This would help public safety officers such as volunteer firemen. The bill passed without additional changes. A House Insurance Subcommittee passed out an amended HB 1263. The House Ways and Means Committee met this afternoon and assigned a number of bills to subcommittees and also passed out some bills brought to it by the Dept. of Revenue. The following were assigned to Subcommittees: HB 1502 – (an exemption for gas used in production of electricity) Sales Tax Subcommittee HB 1503 – (tax sales; notice period requirement) Ad Valorem Subcommittee HB 1504 – (School Tax Holiday) Sales Tax Subcommittee HB 1506 – (Income tax setoff provisions) Income Tax Subcommittee HB 1510 – (Redevelopment; tax allocation) Ad Valorem Subcommittee HB 1511 – (Sales tax exemptions for symphony halls) Sales Tax Subcommittee HB 1513 – (SPLOST 1%; publication of uses) Sales Tax Subcommittee HB 1515 – (Income tax credits for counties re wireless telecommunications) Income Tax Subcommittee HB 1516 – (Income tax credits for counties re wireless telecommunications) Income Tax Subcommittee HB 1517 – (Office of Treasury and Fiscal Services; investments) Public Finance and Policy Subcommittee HB 1520 – (Tax sales; redemption period and notice requirements) Ad Valorem Subcommittee HB 1523 – (Income tax credits for motion picture production companies) Income Tax Subcommittee HB 1524 – (Hotel-motel tax for consolidated governments) Sales Tax Subcommittee HB 1525 – (Hotel-motel tax for counties and municipalities) Sales Tax Subcommittee HB 1527 – (Enterprise zones; pervasive poverty area and job tax credits) Income Tax Subcommittee HB 1528 – (Sales tax exemption for corporate attractions) Sales Tax Subcommittee HB 1530 – (Income tax credits; teachers and paraprofessionals) Income Tax Subcommittee HB 1540 – (Ad valorem taxes; roll-back rates; assessment appeals) Ad Valorem Subcommittee HB 1541 – (Income tax; qualified research expense) Income Tax Subcommittee HB 1543 – (Education property tax relief grants) Ad Valorem Subcommittee HB 1544 – (Education property tax relief grants) Ad Valorem Subcommittee HB 1545 – (SPLOST; 1% sales; water and sewer projects) Sales Tax Subcommittee HB 1546 – (SPLOST; 1% sales; water and sewer projects) Sales Tax Subcommittee HR 1336 – (Ad valorem tax; millage rate and property value) Ad Valorem Subcommittee HR 1371 – (Constitutional Amendment; impose 1% sales tax for education funding) Ad Valorem Subcommittee HR 1372 – (Constitutional Amendment; impose 1% sales tax for education funding) Civil Law Tax Subcommittee HR 1095 passed out of the Committee. This deals with housing tax credits. The law was originally passed to deal with incentives for affordable housing as a part of the OneGeorgia program. The tax credits are being considered, however, in the valuations by tax assessors. This apparently is halting future development of these types of projects. These projects are rent-controlled projects (rents are controlled for 10 years). HB 1437, an engrossed bill, also passed out of the Committee. This is an update to the Code based on Internal Revenue provisions. There are also provisions for returned checks for fees owed to the Department; electronic fund transfers (and changes to the 10% penalties on checks on timely returns); tax protests for frivolous returns; innocent spouse; low income tax credits for incarcerated individuals; streamlined sales taxes; open records act which adds Dept. of Revenue employees; and effective dates. Rep. Orrock raised concerns about the changes to low income tax credits for incarcerated individuals. HB 1457 also cleared the Ways and Means Committee. It proposes to ensure that vendors who do business with the State are registered, along with their affiliates. This will apply to those entities which have contracts for more than $100,000. HB 1459 also passed out of Committee without changes. Rep. Borders explained this bill which deals with motor fuel taxes and about remittance of the sales taxes on dyed fuels. This places the tax on the distributor rather than the retailer. This applies to 6 billion gallons sold annually. Off-road gas users could make a claim for a rebate. There were a number of questions if this would apply to those purchasing gas in marinas and at airports. The bill would not impact that fuel. Finally, the Ways and Means Committee took up HB 1461 which addresses what information the Dept. of Revenue may discuss publicly about taxpayers (such as those who are delinquent). Specifically, this will address how the media may obtain information. Taxpayer permission will be required to discuss the records. A House Judiciary Subcommittee, chaired by Rep. Pam Stephenson, met to discuss the "Sunshine in Litigation" bill, HB 1019 which deals with how confidential settlements are in civil matters. Rep. Mary Margaret Oliver has been working on her bill in an effort to allow for more disclosure of records with litigants with cities and counties. This is a change from the original bill. It now proposes procedures to get a protective order to get such information. Hospitals, especially those owned by hospital authorities, are very concerned about this bill. A number of discussions were ongoing including some provisions proposed by MAG Mutual. Rep. Oliver agreed to hold her bill until next Monday so more language could be gathered to potentially address some of the entities' concerns (which are primarily raised by governmental authorities). The Senate Health and Human Services Committee met late this afternoon and addressed SB 507, an anti-smoking ban bill which covers almost every location imaginable (bars, restaurants, hotels, business offices, banks, gyms, sporting events, etc.). SB 507, a bill by the Committee's Chairman Sen. Don Thomas, passed out of Committee after some changes were made. A number of entities testified at this hearing, which the Chairman was insisting be concluded today so the bill could make its way to Rules. Groups such as hospitals, American Cancer Society, and others testified that this bill was needed. Rusty Kidd, a lobbyist for RJR and a businessman, testified both on behalf of his tobacco manufacturing client and his own business. He stated that the bill should be perfected in Committee before moving to the Senate Floor. He asked the Committee about the "resolution-like" language in the bill; he also stated that the bill appeared to be placing "more government" on businesses which he opposes. Additionally, it takes rights away from individuals. A lengthy hearing, with no vote due to a lack of quorum, was held by the Senate Health and Human Services Committee on SB 447 by Sen. Rene' Kemp. This proposes in O.C.G.A. § 37-3-9: "No requirement for prior authorization or other restrictions may be imposed on medications including, but not limited to, atypical antipsychotic medications, conventional antipsychotic medications, selective serotonin reuptake inhibitors, and selective norepinephrine reuptake inhibitors, prescribed for patients enrolled in a Medicaid or any state funded health care program who are receiving treatment for mental illnesses that are listed in a current national diagnostic and statistical manual of mental disorders published by a national psychiatric association including, but not limited to, schizophrenia, severe clinical depression, bipolar disorder, or attention deficit hyperactivity disorder." This would impact the State's Medicaid program in addition to other State-funded health programs. A number of individuals were supportive of this proposal. The National Mental Health Association of Georgia, along with Patrice Harris, M.D. (a psychiatrist), spoke in favor of the legislation. Ms. Josephson from the National Mental Health Association of Georgia stated that the dollars spent on medications may actually cut costs otherwise needed by the Dept. of Juvenile Justice, Dept. of Corrections, and Dept. of Human Resources. To use prior authorization only jeopardizes good outcomes and recoveries. Currently, there are folks who get these medications through the Dept. of Community Health's programs. Physicians testified that this bill would allow the physicians and patients to determine the right treatment for the patient rather than a pharmacy benefit manager. Many patients benefit by the use of state-of-the-art drugs; thus, by using these medications, the State actually saves monies by decreasing numbers of hospitalizations. However, the Dept. of Community Health testified that this legislation strips away one of its major components to control costs. Commissioner Tim Burgess, with the Dept. of Community Health, claimed that mental health drugs were one-third of the Department's expenditure on drugs. In FY 2003, the Department expended $298 million. Sen. Unterman asked how the Department ethically made the decision on which drugs a patient could or could not receive. Commissioner Burgess, along with Division of Medical Assistance Director Mark Trail, explained that the Department utilized a Drug Utilization Review Board to make decisions on what drugs would be on its preferred drug list. Some groups are more available, however, to Medicaid recipients than to folks covered by private insurance. The House Committee on Children and Youth has reported out a Substitute to HB 1347 which relates to employees' records checks for day-care centers. It amends provisions relating to fingerprint records check applications for directors of existing facilities and preliminary records checks for employees. The bill differs immensely from the originally introduced version, which created an entirely new Article 3 in the Chapter. This version reverts back to current law with amendments. It redefines "center" in O.C.G.A. § 49-5-60(1) to mean "a child-care learning center, child-placing agency, day-care center, group day-care home, family day-care home, or child-caring institution which is required to be licensed or registered under Article 1 of this chapter." Further, it provides a change to O.C.G.A. § 49-5-67(b) by giving an alternative to the requirements set out in this Article on preliminary criminal records check determinations. Centers may obtain GCIC information through local law enforcement agencies. It provides additional requirements on the centers' review of the information received from GCIC. The House Judiciary Committee has reported out a substitute to HB 833. In the Substitute, the proposal will amend Article 4 of Chapter 18 of Title 50 concerning inspection of public records. It amends provisions relating to the inspection of those public records, printing of computerized indexes of county real estate records, time for determination of whether requested records are subject to access and electronic access to records. It also proposes that certain requests may be required to be in writing. Written requests will not be required for the agenda, summary of matters acted upon, and minutes of an agency's or public officer's most recent meeting crated in O.C.G.A. § 50-14-1(e) and any other records an agency or public officer determines to be available without a written request. The written request, when required, may be delivered to an agency by mail, fax, courier, e-mail, or other delivery in person. It also requires that the agency or public officer make a reasonable effort to assist a person making a request for records, as needed. The House Judiciary Committee also reported out a Substitute on HB 1069 which amends O.C.G.A. § 9-11-11.1 concerning the exercise of rights of freedom of speech and right to petition government for redress of grievances. Other News Today, Sen. Jack Hill, Chair of the Senate Appropriations Committee, announced a schedule for Subcommittee hearings next week in order to discuss the FY 2005 Budget. If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat. |
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