Some of Session's Most Difficult Issues Unresolved
Unfortunately, exhaustion and other issues can bring out the worst in folks. Thus, tempers were visibly heated today. There were some Lawmakers who were fuming because their legislation had stalled in the Rules Committees of both chambers. There were instances in both the House and Senate where Lawmakers went their respective Wells to make it clear their displeasure on matters involving the process or defending the process of getting initiatives passed. Others were taking the each other on in debate on the Floor. By the end of the day, which for the Senate was around 9:00 p.m., all were just seeking quiet places where they could quell the day's frustrations.
Meanwhile, some of the Session's most difficult issues remained unresolved, including the State's FY 2010 Budget, resolution to the State's transportation funding and policy setting on use of those funds, and reorganization of the Department of Human Resources.
Floor News
Senate
The Senate Rules Committee placed 37 pieces of legislation on the Senate Floor. After an afternoon "start," the Senate finally concluded its long day around 9:30 p.m. Some legislative highlights included:
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HB 29, the Bill amending the Civil Practice Act by Rep. Jacobs (R-Atlanta), cleared by a vote of 47 to zero. The Bill deals with service and filing of pleadings subsequent to the original complaint and would permit electronic service of pleadings through the creation of a new Code Section at O.C.G.A. § 9-11-5(f). The House must now agree with the Senate changes in order not to throw this Bill into a conference committee.
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HB 49 passed with a vote of 52 to zero. It amends O.C.G.A. § 49-10-3 and the duties of the Georgia Board for Physician Workforce to permit the Board to "apply for grants and to solicit and accept donations, gifts, and contributions from any source for the purposes of studying or engaging one or more contractors to study issues relevant to medical education or implementing initiatives designed to enhance the medical education infrastructure of this state and to meet the physician workforce needs of Georgia communities."
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HB 74, the Bill by Rep. O'Neal (R-Bonaire) which updates Georgia's tax code with the federal tax law, passed 52 to zero.
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HB 115, the Legislation by Rep. Jerguson (R-Woodstock), got quite a lot of discussion. Amendments were proposed to permit Sunday Sales. After a lot of discussion on amendment proposals, the Bill was tabled with a vote of 37 to 18. In the underlying proposal, it would not prohibit a representative or salesperson of a manufacturer or wholesaler from opening a container of alcoholic beverages on the premises of a retail dealer for the purposes of providing a sampling of such alcoholic beverage product to a retail dealer or retail dealer's employee or the drinking or consumption of an alcoholic beverage product by a retail dealer or retail dealer's employee when done so for the purpose of sampling such alcoholic beverage product, provided that such sampling of alcoholic beverage products shall be done in a retail dealer's office, storage room, or other area of the premises closed to the public and in the presence of the representative or salesperson of the manufacturer or wholesaler.
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HB 127, by Rep. Lindsey (R-Atlanta), passed by a vote of 53 to zero. It enacts the Uniform Real Property Electronic Recording Act in Chapter 2 of Title 44 for deeds and other property records.
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HB 129 passed with a vote of 45 to 7, which proposes a sales and use tax exemption at O.C.G.A. § 48-8-3 (87) for a limited period of time, from July 1, 2009 through June 30, 2011, with respect to sales of certain tangible personal property used for and in the renovation or expansion of a zoological institution.
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HB 193 cleared with a vote of 47 to 4. Rep. Graves (R-Ranger) offered this legislation to give school systems flexibility in providing for a 180-day school year or the equivalent thereof. The Bill also amends O.C.G.A. § 20-2-187, relating to statewide school lunch program, instruction in nutrition, hygiene, etiquette, and social graces, and school food and nutrition, by revising the base payment calculation. Rather than calculating this on the basis of an annual number of hours (190 days multiplied by eight years), the new calculation will be based on 1,520 hours in an annual school year for a full-time equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months.
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HB 243, the Legislation by one of the Governor's Floor Leaders Rep. Pruett (R-Eastman), received a vote of 28 to 23 after being presented by Sen. Weber (R-Dunwoody). A motion was then made to reconsider the Senate's actions which received a vote of 32 to 22. The Bill amends O.C.G.A. § 20-2-212.2, present law governing the 10% salary "boost" for teachers with national board certification when those teachers work in high–needs schools. Language was added in this Bill so that "an individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly." Additionally, in the Senate Appropriation Committee's version of the Budget, it still retained a cut to the National Board Certification program of more than $5 million and would have limited this 10% increase to the base teacher salary. The House version of the Budget had actually added back the proposed elimination of the program (which was a cut of approximately $12.3 million) plus added an additional $1,450,000 for those teachers in the pipeline to get this certification.
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HB 245 cleared with a vote of 33 to 16. It limits the time that a delinquent youth may serve in a youth development center. Specifically, "on and after July 1, 2011, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days."
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HB 251 received a vote of 29 to 12. It would provide parents the option to enroll their child in another school within the local school system or in a school in another local school system.
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HB 283, by Rep. Martin (R-Alpharetta), strips out the cap of $90 for the State Bar of Georgia to charge bar applicants. The Bill passed with a vote of 44 to 5. Originally, the Bill also contained language relating to filing fees for appeals to the Supreme Court and the Court of Appeals but that language was deleted by the House Judiciary Committee.
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HB 313, by Rep. Hembree (R-Winston), passed the Senate with a vote of 43 to 4. The legislation deals with calculation of grades for HOPE scholarship qualification. It adds new language: "for students otherwise qualified and enrolling in the ninth grade for the first time during the 2008-2009 school year and thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section by equating each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language during the student's ninth, tenth, eleventh, or twelfth grade year to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale."
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HB 358, the initiative by Rep. Martin (R-Alpharetta), passed with a vote of 41 to 2. It extends the sunset date for a sales and use tax exemption from June 30, 2009 to June 30, 2011 for donations of prepared foods and beverages to a qualified nonprofit used in hunger and disaster relief.
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HB 364, by Rep. Stephens (R-Savannah), passed with a vote of 38 to 9. This legislation was brought primarily to assist Gulfstream with its purchases of extremely expensive flight simulation devices to use in training pilots. It provides a sales and use tax exemption for the purchases of this equipment for a limited period of time and which would sunset on June 30, 2011.
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HB 368, the annual "dangerous drug" Bill, passed with a vote of 50 to zero. Sen. Harp presented this initiative describing that the legislation conforms Georgia's law to federal law on those scheduled drugs.
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HB 396, the legislation by Rep. Graves (R-Ranger), was tabled after six amendments were distributed. The motion to table, by Sen. Douglas (R-Social Circle), was passed by a vote of 35 to 19. Sen. Mullis (R-Chickamauga) explained to colleagues that sometimes legislation just needed to be written on the Floor, even though the legislation had gone through the Committee process. The underlying legislation, which dealt with the issuances of drivers' licenses and their renewals and associated driving record issues, received amendments which dealt with prior convictions of driving violations; changes to how commercial drivers' licenses are issued; "secured licenses" and use of REAL ID; requiring a full legal name on applications; dealing with subsequent drug offenses; and etc.
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HB 444, by Rep. Knight (R-Griffin), passed with a vote of 52 to 2. It provides in O.C.G.A. § 48-2-62 for civil penalties and injunctive relief to be imposed on tax return preparers when preparing fraudulent tax returns. Sen. Seabaugh (R-Sharpsburg) presented this Bill to the Senate noting that more than 16,600 fraudulent Georgia tax returns are filed each year.
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HB 457 was presented by Sen. Smith (R-Rome) and passed with a vote of 55 to zero. It redefines the term "disabled adult." The initiative was brought at the bequest of advocates for Alzheimer's patients. It adds language in O.C.G.A. § 30-5-8(a)(2):" In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and (B) Mentally or physically incapacitated or has dementia or a related cognitive impairment. A long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law." Sen. Unterman (R-Buford), a long-time champion for the elderly, applauded Sen. Smith for his efforts.
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HB 475 cleared the Senate with a vote of 52 to zero after being presented by Sen. Hawkins (R-Gainesville). This legislation revises the education requirements for nursing education programs for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse as well as those for licensed practical nurses when those nurses are educated in nontraditional nursing education programs. It requires a 350 hour postgraduate preceptorship for those LPNs who have entered these nontraditional education nursing programs and a 700 hour postgraduate preceptorship for medical corpsmen or paramedics who enter the nontraditional education nursing programs. The legislation also defines the requirements for these "nontraditional nursing education programs."
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HB 581, the Georgia Works Job Creation and Protection Act of 2009 as presented by Sen. Hudgens (R-Hull), passed 55 to zero.
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HB 614, the legislation proposing the enactment of the "Georgia Prescription Monitoring Program Act" by Rep. Cooper (R-Marietta) and carried by Sen. Shafer (R-Duluth), failed with a vote of 25 to 29. The legislation, brought by the Georgia Drugs and Narcotics Agency, raised numerous questions concerning the future use of the electronic data which was proposed to be gathered and the protection of that data by a third-party source.
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HB 667, the legislation by freshman Rep. Allison (R-Blairsville) on behalf of the Attorney General and carried by Sen. Smith (R-Rome), passed with a vote of 50 to 1. It amends the notice and fee requirement in current law concerning the acquisition of a hospital found in O.C.G.A. § 31-7-402. It specifically adds language concerning the Attorney General's requirement to retain experts (on financial, economic, health planning, etc.): "Within 30 days after notice from the Attorney General, the actual and reasonable cost and expense incurred in connection with the retention of such experts or consultants shall be paid directly to such experts and consultants by the parties to the proposed transaction in such proportionate amounts as the parties may agree or otherwise as determined by the Attorney General." Further, it strips out the current cap of $50,000 for these fees which must be paid.
House
The House has "Insisted" on the following Legislation:
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HB 277, the "Georgia 2020 Transportation Act" provides for an additional special transportation sales and use tax at the rate of 1 percent. The proceeds from the collection of this tax will be deposited into the Georgia 2020 Transportation Trust Fund created by the Legislation. Should the voters reject the 1 percent statewide sales tax, there is an opportunity to vote on an intergovernmental approach.
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HB 481 which would enact the "Jobs, Opportunity, and Business Success Act of 2009," was insisted on by the House and sent back to the Senate for consideration.
The House "Agreed" with the Senate on the following Legislation:
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HB 70 seeks to require that employees of day care centers submit to both national and State background searches prior to any employment, except where emergency temporary worker is defined. In the Bill certain terms are also clarified, specifically "Director" and "Fingerprint". Furthermore the bill requires current employees and directors of day care centers to undergo these specific background searches before June 30, 2010, as well as require that anyone who resides within a family day care center undergo the same background searches as that of an employee.
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HB 123 amends O.C.G.A. § 16-6-4, which defines the crime of child molestation. A Court of Appeals decision established that physical presence was required for a conviction of child molestation. The Bill provides that if a person exposes a child to an immoral act with the intent to arouse the sexual desires of the child or the person, and uses some electronic means of communication such as the internet, rather than being in the child's physical presence, the act is still child molestation.
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HB 126 creates the Uniform Electronic Transactions Act that establishes guidelines for electronic business practices. It further makes provisions for the use of electronic records, signatures and notarization as well as for automated transactions.
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HB 170 relates to the leasing of state owned marshland or water bottoms and changes the amount of annual rental fees from fair market value to a fixed rate of $1000 per acre.
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HB 248 establishes a Voluntary Remediation program in which property owners could utilize, with the approval and supervision of the Georgia Environmental Protection Division (EPD, registered professional engineers or registered professional geologists to formulate and implement clean up of contaminated sites on the HSRA (state superfund) list. Under these provisions, HSRA is expanded to become more efficient and effective in completing site remediation. The property owner of a contaminated site would be allowed to initiate remediation by applying to EPD with a proposed voluntary remediation plan. If the application is approved by EPD, the property owner then would implement the remediation plan, and after completion, submit a final compliance division report for EPD to review and approve. The bill provides for a $5,000 nonrefundable fee to apply for the program and lists criteria for participating in the program, and program standards and policies.
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HB 280 provides for additional compensation for teachers in mathematics or science.
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HB 308 makes technical corrections in the Georgia Limited Liability Company Act, clarifies certain provisions and makes certain provisions consistent with parallel provisions in the Georgia Business Corporations Code. The Bill provides for automatic resignation of a registered agent following the dissolution of a limited liability company; reduces the risk of an unintended dissolution of an LLC and provides that a judgment creditor shall have no right to force dissolution of an LLC.
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HB 312 incorporates provisions of the federal Secure and Fair Enforcement (S.A.F.E.) Mortgage Licensing Act of 2008 and does the following: Defines the "mortgage loan originator" as an individual who for compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan, with certain exceptions. Requires individuals desiring to engage in the business of a mortgage loan originator to obtain a license or registration and a unique identifier and requires such identifying number to be displayed on all loan application forms, solicitations, advertisements, etc. Adds relevant licensing requirements as well as provisions for renewal and revocation of such licenses. Authorizes adding mortgage loan originators to the automated nationwide licensing system and registry previously authorized by the General Assembly for mortgage brokers and mortgage lenders. Clarifies that any education provider that offers mortgage industry-related courses designed to satisfy education requirements must be approved by the Department. Clarifies and separates in relevant areas the requirements that apply to mortgage brokers and mortgage lenders and those requirements that apply to all licensees, including mortgage loan originators. Authorizes the Department to conduct investigations and examinations of mortgage loan originators and authorizes the Department to take into account Nationwide Mortgage Licensing System and Registry fees in setting appropriate licensing fees. Establishes that the prohibited acts provision and the disclosure requirements are applicable to mortgage loan originators.
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HB 315 amends Code Section 43-40-25, relating to real estate brokers and salespersons, to require additional disclosures of fees and other valuable consideration to be included on real estate transaction settlement statements.
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HB 441 provides that taxpayers who wish to expedite payment of claims for sales or use tax refunds may apply to the commissioner for an expedited refund if they file a bond that is satisfactory to the commissioner. The refund must be issued within 30 days of the date of the posting of the approved bond. This bond will be security for repayment of the refund and any applicable tax, interest, penalties, fees, or costs in the event that all or a portion of the refund is paid in error. Any assessment of such tax, interest, or penalties must be made within 3 years after the date that the refund was paid by the commissioner. Taxpayers who file sales and use tax refund claims for at least 50% more than the eligible refund amount with no reasonable basis for such excessive amount shall be subject to a penalty of 20% of the excessive amount. "Reasonable basis" may be proven using statutory provisions; proposed and adopted regulations; court cases; Attorney General opinions; and letter rulings, policy statements, and informational bulletins published by the commissioner. Treatises, legal periodicals, and legal opinions rendered by tax professionals shall not constitute acceptable authority. No penalty shall be assessed if the refund is claimed in good faith and the filing was not due to negligent disregard of the law. When all or part of the excessive amount of the taxpayer's claim for refund is based on a position which is knowingly and willingly advanced in bad faith and is patently improper, such taxpayer is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.
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HB 495 amends Code Section 15-9-4, relating to eligibility requirements for probate court judges, by providing that a probate court judge currently holding office may seek re-election despite the requirement in large population counties that a probate judge practice law. The Bill further amends Code Section 15-9-11 to provide for procedures of filling probate judicial vacancies that occur in the last year of term of office. This Bill provides that in such a case, the person assuming such judicial duties shall serve until the expiration of the term. Additionally, the Bill amends Code Section 15-9-30 relating to subject matter jurisdiction of probate courts. This Bill adds to the general jurisdiction of the court conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults.
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HB 550 relates to conversion of a mutual insurer to a stock insurer. It provides that if a life insurer, payment may be provided as a paid-up life insurance policy with a cash value equal to 100 percent of the policyholder's equity in the insurer.
The House "Disagreed" on the following Legislation:
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HB 68 requires a person legally entitled to authorize the cremation to provide the funeral establishment with a signed statement describing the specific method of disposing of such cremated remains. Allows the cremated remains to be shipped only by a method that has an internal tracking system and provides a receipt signed by the person accepting the delivery. Upon receiving the cremains the authorizing agent will be responsible for the disposition. Requires the funeral director to send a notification to the authorizing agent if within 60 days the specifications of disposition were not made and the cremated remains were not claimed. If after 30 days of the notice the instructions are still not provided by the authorizing agent this bill authorizes the funeral director to dispose of the cremated remains in a crypt or underground or store them in the funeral establishment and requires the funeral director to clearly mark and record the final resting place.
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HB 254 shortens from 90 to 30 days the time in which a due diligence search is to be conducted to locate relatives or other persons who have demonstrated an ongoing commitment to a child after the child has been removed from his or her parent(s). The bill provides that the parent supply names and addresses of other persons who might be considered as possible placements for the child and that these persons receive notice explaining their options.
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HB 261 provides a state income tax credit for the purchase of one single-family residence during the six month period following the effective date of this legislation. The amount of the credit will be 1.2 percent of the purchase price up to a maximum of $3,600 (which would be equal to 1.2 percent of a $300,000 purchase price home). In each year, the amount of the credit may not exceed the taxpayer's income tax liability or $1,200, whichever is less, and any excess or unused credit may be carried forward to apply to the succeeding two years' tax liability. Residences eligible for the tax credit include: 1) new single-family residences; 2) previously occupied residences that were for sale prior to the effective date of this legislation and are still for sale after the effective date; 3) owner-occupied residences with respect to which the owner's acquisition debt is in default on or before March 1, 2009; and 4) residences in foreclosure which are owned by the mortgagor or the mortgagor's agent. In order to receive the credit, the taxpayer must submit to the commissioner some documentation to validate the eligibility of the residence for this tax credit such as a bona fide listing agreement with a real estate agent or broker licensed in Georgia or other documentation deemed sufficient by the commissioner. However, if the taxpayer files electronically, this documentation is only required to be attached to the return if the IRS allows such electronic attachments to Georgia returns. If the IRS does not provide for the attachment of such documentation, the taxpayer must maintain this documentation and it shall be made available upon request of the Commissioner.
The House took action on the following Legislation from the Rules Calendar:
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SB 8, by Sen. Murphy (R-Cumming), would allow students who have a written consent from both a physician and the child's parent or legal guardian to carry and administer epinephrine while they are at school. SB 8 passed 159 to zero.
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SB 20 passed the Floor of the House with opposition, 124 to 28. SB 20, by Sen. Pearson (R-Dawsonville), prohibits local governments from enacting, adopting, implementing, or enforcing sanctuary policies. A "sanctuary policy" is defined as any regulation, rule, policy, or practice that prevents local officials or employees from reporting a person's immigration status or otherwise providing immigration status information. Local governments (sanctuary cities) that violate this legislation or fail to cooperate with the federal government in reporting a person's immigration status will be subject to withholding of state funding or state-administered federal funding.
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SB 24, offered by Sen. Grant (R-Milledgeville), reinstates an article in Chapter 8 of Title 42 outlining the probations options system that lapsed on July 1, 2008. This system provides administrative sanctions to probationers as an alternative to judicial modification or revocation of probation. SB 24 passed 163 to 1.
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SB 30 allows gasoline distributors or dealers to blend their fuel with ethanol, putting more of an emphasis on alternative fuel use in the state. The Bill aims to keep more money in Georgia, create more jobs, increase competition in the marketplace, and lessen the dependence on foreign oil. Rep. May (R-Monroe) presented SB 30, authored by Sen. Tolleson (R-Perry), in hopes of stimulating competition between big oil companies and smaller Georgia-based companies. SB 30 passed 137 to 30.
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SB 38 relates to death investigations by coroners. It clarifies that the Georgia Bureau of Investigations has jurisdiction over the post-mortem examination or autopsy on persons whose death occurs on certain state property. This provides for the training of canine service dogs for the purpose of body recovery and rescue persons. Sen. Harp (R-Midland) authored SB 38, which passed 160 to zero.
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SB 55 adds factors to the list of criteria that tax assessors must use in determining the fair market value of real property for ad valorem tax purposes. It adds foreclosure sales, bank sales, or other financial institution owned sales or distressed sales of comparable real property. It also adds that the assessors must consider decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement. The Bill also extends the deadline for filing for forest land conservation use assessment for the year 2009 only. The current deadline is April 1, but the rules and regulations are still not ready; therefore applicants need more time to review these before applying. This Legislation also provides that the board of assessors must send out change in assessment notices if the value of the property increases or decreases. Currently, some counties are not sending out assessment notices if the value decreases. SB 55 passed 146 to zero.
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SB 63 will allow small private colleges in Georgia to join together and create a Limited Liability Corporation for the purpose of pooling risk as it relates to insurance benefits for employees. Sen. Hudgens' (R-Hull) Legislation passed 158 to zero.
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SB 68, offered by Sen. Murphy (R-Cumming), failed to pass the House 472 to 114. Currently, selling alcoholic beverages for consumption on the premises within 100 yards of any housing authority property is prohibited. This Bill allows counties and municipalities with the approval of the local housing authority board of commissioners to adopt a resolution that would provide an exemption from such prohibition. This Bill also adds a provision that, for the purpose of sampling, would allow a representative of a manufacturer or a wholesaler to open a container of alcoholic beverages and distilled spirits on the premises, closed to the public, of the retail dealer and allows the dealer or his employee to sample such beverage. Starting on July 1, 2009, this bill prohibits municipalities and counties to authorize the location of a new or relocation of an existing retail package liquor place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail and provides for a way to properly measure that distance. It further states that a violation of Code Section 3-4-49 will result in denial of issuance of a state license.
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SB 104 amends the Georgia Cosmetic Laser Services Act so that for any cosmetic laser procedure, other than laser hair removal, the patient must first be seen by a trained medical professional. Additionally, this Legislation requires that a consent form be signed by the patient stating the degrees of the persons performing the procedure as well as the name, qualifications, and emergency contact information of the supervisor. SB 104, authored by Sen. Wiles (R-Marietta), passed 156 to 8.
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SB 244, offered by Sen. Unterman (R-Buford), would allow certain medical acts to be performed by caregivers, instead of as in current law that stipulates that these particular acts be performed by a registered nurse. SB 244 passed 158 to zero.
Thursday, April 2, 2009 Committee News
Joint House and Senate Committee on Transportation Funding
As of Thursday morning, negotiators for both the House and the Senate could not come to a compromise on transportation funding. Sen. Mullis (R-Chickamauga), Chairman of the Senate Transportation Committee, stated that the Senate would not pass a statewide funding proposition, opting for a regional approach. Rep. Smith (R-Pine Mountain), Chairman of the House Transportation Committee, replied that citizens outside of the metro area do not want to be taxed to provide Atlanta with transportation improvements, when it is needed in their own community. Unable to come to an agreement, the Committee concluded and agreed to reconvene when a deal is negotiated.
Meanwhile, the Conference Committee met again on HB 277 and HR 206 around 3:30 p.m. The Senate offered up a new idea for Conferees to consider. However, after hearing more, it appeared that the House and Senate were still miles apart in their views.
This Conference Committee met again from 6:15 p.m. until around 7:00 p.m. At that meeting, the Senate provided a written proposal for the House to consider. However, the House did not offer a reaction to the 3:00 p.m. offer. The House insisted that a statewide tax would pass and generate more money and it would not be limited as to use by transportation mode. Sen. Mullis (R-Chickamauga), however, insisted that the Senate would not pass a statewide tax. Overall, the meeting was cordial and not rude but no new ideas really were offered. Conferees agreed to reconvene at 9:00 a.m. on Friday.
Department of Human Resources Reorganization
A stalemate appears to have ended. Conferees on HB 228 had been meeting off and on for a couple of days. Today, all conferees signed a Conference Committee Report around 5:00 p.m. The proposal includes the creation of a new Department of Behavioral Health and Developmental Disabilities. Public Health becomes a new division within the newly configured Department of Community Health. A new Commissioner for the Public Health Division will be appointed by the Governor with an advisory committee to the Commissioner of Public Health appointed by the governor. Public Health Commissioner will report annually to the General Assembly and present its budget proposal directly to the governor. The sticking point was whether the governor had to appoint a Commissioner of Public Health separate from the Commissioner from Community Health. The Commission on Domestic Violence was continued in the Conference Committee Report.
FY 2010 Budget
Conferees met around 11:15 a.m. for a brief meeting to discuss HB 119. They made several inquiries to the Governor's Staff present about requirements of the federal stimulus money and particularly funding requirements for K-12 and higher education and the State's Medicaid program. The Conferees stated that they planned to gather again in mid-afternoon but that meeting never took place. Word was later sent to the Conference Room that they would gather in the morning for further discussions.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.