April 01, 2008
Tax Cut Proposal Hits a Roadblock
The House and the Senate hit a roadblock today on an agreement to proposed tax cuts for Georgians. The Senate disagreed to a compromise that would cut the car tag tax and slash income taxes by 10 percent. A backlash from House leaders avowed that due to the Senate's actions there is no tax relief for Georgians in sight. Both Chambers faced lengthy calendars, with the Senate completing their calendar at 10 p.m.
Floor News
House Floor
SB 33 would provide a state-wide first responder building mapping information system for Emergency Management. The House passed SB 33 with a vote of 149 to 17.
SB 55 pertains to uniform rules of the road relating to Alcoholic Beverages allowing a re-sealed partially consumed bottle of wine to be present in a vehicle. This is similar to the legislation know as "Merlot to-go," that passed during the 2006 Legislative Session, but was vetoed by the Governor. The House passed SB 55 with a vote of 125 to 43.
SB 130 would provide general provisions and operational powers for the Georgia Building Authority. The House passed SB 130 with a vote of 166 to 0.
SB 154 would change general provisions applicable only to municipal corporations, so as to provide that municipal corporations and newly incorporated municipalities enter into certain agreements with solid waste collection firms providing services for the territory annexed or incorporated. The House spent a lot of time debating on this issue. Several amendments were proposed. Rep. Mills (R- Gainesville) amendment was the only amendment that was adopted with a vote of 97 to 66. The Amendment would clarify definitions in the bill as to not allow a franchise to exclude any company. The House passed SB 154 with a vote of 157 to 15.
SB 213 would waive retaliatory obligations, prohibitions or restrictions under certain circumstances for insurers. The Bill would make it easier for an out-of-state insurer to come into Georgia. The out of state insurer must still meet all of the requirements of the Georgia law and those of the State which they are coming from. The House passed SB 213 with a vote of 171 to 0.
SB 300 would provide creation/maintenance of certain state expenditure information relating to Transparency in Government Act and the Department of Audits/Accounts. The House passed SB 300 with a vote of 125 to 34.
SB 355 would provide general provisions for Property, mortgages, conveyance to secure debt, liens and disbursement of certain settlement funds after closing. The House passed SB 355 with a vote of 126 to 24.
SB 363 would permit dentists trained in other countries to seek additional education, in order to teach dentistry in the State of Georgia. The House passed SB 363 with a vote of 134 to 2.
SB 366 would prohibit Inmates from receiving/possessing telecommunications devices. The House passed SB 366 with a vote of 150 to 2.
SB 383 would adopt policies to promote, approve, and encourage Insurance Commissioner, Georgia Affordable HSA Eligible High Deductible Health Plan. The House passed SB 383 with a vote of 171 to 1.
SB 396 would remove/transfer functions relating to the Administrative Services Department and Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council. The House passed SB 396 with a vote of 156 to 0.
SB 398 would provide for the mayor's or city council members terms and qualifications for office for Peachtree City. The House passed SB 398 with a vote of 159 to 1.
SB 405 would enact the Georgia Revised Uniform Anatomical Gift Act. The House passed SB 405 with a vote of 168 to 0.
SB 418 would provide for standards for testing cigarettes for Georgia Fire Safety Standard and Firefighter Protection Act. The House passed SB 418 with a vote of 137 to 14.
SB 429 would change provisions relating to the Department of Agriculture, assigned functions, and enforcement of State laws and control of infectious diseases in livestock. The House passed SB 429 with a vote of 152 to 12.
SB 453 would add the state as entity authorized to govern certain criminal activity relating to controlled substances in areas designated areas for recreational purposes. The House passed SB 453 with a vote of 167 to 0.
SB 469 would revise definition for personal care home; provide guidelines/ oversight of host homes. The House passed SB 469 with a vote of 155 to 0.
SB 471 would provide regulator financial examinations of domestic insurers every 5 years. The House passed SB 471 with a vote of 154 to 1.
SB 507 would establish requirements relating to basic therapy services for children with disabilities and define what is considered "medically necessary" treatment. The House passed SB 507 with a vote 157 to 1.
SB 508 would update/change provisions relating to Probate Courts. The House passes SB 508 with a vote of 161 to 1.
SB 531 would require conduct by the current owner/ holder of mortgage relating to Foreclosure. The House passed SB 531 with a vote of 153 to 1.
Agrees to Senate Substitute
HB 1244 would extend the period of time for which such credits are granted; to change the amount of certain credits. The House agreed to the Senate Substitute as amended by the House with a vote of 154 to 18.
HR 1246 would provide for tax relief from ad valorem property taxes. The House Agreed to the Senate Substitute as amended by the House with a vote of 166 to 7.
HR 1310 would revise the qualifications for the chief executive officer and members of the county commission. The House agreed to the Senate Substitute with a vote of 163 to 3
HB 311 would amend the Code relating to the Georgia HERO Scholarship, so as to change the definition of the term "qualifying term of service. The House agreed to the Senate Substitute as amended by the House with a vote of 161 to 0.
HB 649 would create the Georgia Blueberry Commission. The House agreed to the Senate Substitute with a vote of 151 to 5.
HB 1041 would eliminate obsolete language relating to graduate nurses and require fingerprint record checks for applicants for licensure as a registered professional nurse. The House agreed to the Senate amendment and Senate Substitute with a vote of 154 to 1.
HB 1132 would enact the "Uniform Environmental Covenants Act". The House agreed to the Senate Substitute with a vote of 158 to 0.
HB 1016 would provide that provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource. The House agreed to the Senate Substitute with a vote of 148 to 15.
HB 1105 would require hospitals to offer Influenza and pneumonia vaccinations to inpatients aged 65 years or older. The House agreed to the Senate Substitute with a vote of 144 to 18.
HB 1126 would provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area. The House agreed to the Senate Substitute with a vote of 159 to 0.
SB 345 would adopt the Interstate Compact on Educational Opportunity for Military Children. The House insisted on its position.
Senate Floor
HB 111 allows for petitions for delayed birth certificates to be filed in either probate court or superior court. The cost for doing such in the probate court would be less expensive than the cost of filing in the superior court. HB 111 passed 52 to 0.
HB 188 provides for an exemption from jury duty for the unpaid primary caregiver of persons over the age of six. HB 188 passed 48 to 1.
HB 333 allows any weapon used in a crime or delinquent act and confiscated by a law enforcement agency maybe destroyed or sold with funds derived from the sale going into the state treasury. HB 333 passed 47 to 12.
HB 1133 would change provisions for Student Scholarship Organizations to pay tuition for "eligible students" to attend private schools. This Bill would save local school boards up to$ 93 million. Tax credits from this Legislation are not transferable. This Bill passed 32 to 20.
HB 1151 would change provisions for income tax exempt organizations. This is simply an attempt to streamline process. This Bill passed 45 to 1.
HB 964 establishes new boating safety zones for Georgia Ports in an effort to strengthen homeland security. This Legislation passed 44 to 0.
HB 1090 is the annual update on Schedule I, II, III and IV controlled substances, "dangerous drugs." HB 1090 passed 47 to 0.
HB 1116 modifies provisions to the Probation Management Act of 2004. The Bill passed as amended 52 to 0. The amendment requires the state to pay for the transfer of a defendant into the custody of the Department.
HB 1129 enacts the Georgia Tourism and Development Act. HB 1129 passed 46 to 3.
HB 1160 would allow property owners to retain their zoning in developing areas and transfer their development rights. HB 1160 passed 47 to 7.
HB 1246 is a clarification of job tax credit, removing broadcasting from telecommunications. This Bill passed 48 to 3.
HB 1280 relates to regional economic assistance acts. An amendment was added to this bill that would allow for the Sunday sales of alcohol in stadiums, which has been a hot issue in the Legislature this year. HB 1280 passed 39 to 12.
HB 1281 would prohibit counties and municipalities from imposing stronger watering restrictions than set by the State. HB 1281 passed 39 to 13.
HB 1345 creates the offense of organized retail theft a growing epidemic in Georgia. This Bill passed 47 to 2.
HB 237 creates a sales and use tax exemption for water pollution eliminating machinery. HB 237 passed 38 to 6.
HB 250 requires local boards of education to report criminal offenses committed by educators relating to drugs. This Bill passed 46 to 0.
HB 255 expands the definition of public employment related crimes, as they related to the public retirement systems. This Bill passed 43 to 6.
HB 272 provides for a tax exemption on sales and use tax for natural or artificial gas used in manufacturing. HB 272 passed 47 to 4.
HB 670 provides an income tax credit for wood residuals transferred to a biomass qualified facility. This Bill also creates geothermal and solar wind credits with $100,000 cap. This Legislation passed 48 to 3.
HB 815 sets up a 401k plan for faculty and staff, so that teachers can opt into the Teacher's Retirement System, the Regents Retirement Plan or chose the 401k plan. HB 815 passed 49 to 0.
HB 831 enacts the Public Charter School Capital Financing Act. The grant program would provide one dollar in matching funds up to a maximum amount authorized by the state board for a single charter school project for each dollar donated to a qualified charter school organization for such project; provided, however, that the total amount to a qualified charter school organization for a single charter school project shall not exceed 75 percent of the average per student state portion of capital outlay funding provided pursuant to Code Section 20-2-260 multiplied by the number of students that the charter school project was designed to serve. HB 831 passed 49 to 5.
HB 957 extends the sales and use tax exemption for certain qualified nonprofits job training organizations. This Bill passed 49 to 1.
HB 1040 allows juvenile courts jurisdiction to appoint permanent guardians in child deprivation cases. This Bill passed 52 to 0.
HB 1051 pertains to multi-county child fatality review board and allows for one annual aggregate report as opposed to multiple reports throughout the year. This Bill is an effort to streamline the process. HB 1051 passed 52 to 0.
HB 1249 provides an income tax credit for solar energy technology manufacturing facilities. HB 1249 passed 48 to 3.
HB 1065 enacts the Public Charter School Capital Financing Act. This Bill passed 47 to 3.
HB 1168 changes the period in which counties and cities can spend revenue collected from the hotel/motel tax. HB 1168 passed 42 to 5.
HB 1178 extends the exemption of sales and use tax on liquefied petroleum gas. This Bill passed 48 to 2.
HB 1235 changes insurance issuance requirements motor vehicle fleet policies. HB 1235 passed 49 to 0.
HB 1277 passed through the Senate and House last year, the Governor vetoed it. Charter school will have a one time opportunity to opt into the State Health Benefit Plan. HB 1277 passed 47 to 1.
HB 1299 would require public hospitals to comply with the open records act, and prohibit abortions from being performed at public hospitals. Language that would require the conversion of Grady to a nonprofit board was removed from the original Bill. HB 1299 passed as amended 33 to 16.
HB 280 prohibits the sale of marijuana flavored products to minors. HB 280 passed the Senate 42 to 3.
Agrees/Disagrees
The Senate disagrees to the House Substitute on SB 300
The Senate adheres to the Senate Substitute on HB 1055. A Conference Committee was appointed; Senators Chance (R-Tifton), Carter (R-Tyrone) and Rogers (R-Woodstock)
The Senate adheres to the Senate Substitute of HB 111. A Conference Committee was appointed; Senators Hamrick (R-Carrollton) and Mullis (R-Chickamauga).
The Senate Disagrees with the House Substitute on SB 429.
The Senate agrees to the House Amendment to the Senate Substitute as Amended.
Committee News
House Study Committee on Mental Health, HR 1746
House Children and Youth convened this morning to discuss the Resolution proposed by Judy Manning supporting a study on mental health issues surrounding children. Rick Ward and Dr. William Sexton, American Academy of Pediatrics, and two other child psychiatrists spoke about issues, such as the deterioration of care for kids with mental health issues, their impairment to perform in school and the shortage of support, especially in rural areas. Massachusetts, Vermont and Wisconsin all banded together to provide care. Reimbursement is considerably low for metal health providers. Inpatient facilities for kids under 12 have drastically reduced in numbers, and ambulatory care is also problematic pertaining to metal health.
Shannon Croft, Child Psychiatrist at Grady, stated that a diagnosis is complicated for things like ADHD. Autism is a serious mental illness in children and doctors are having problems getting care for these kids. In some instances it has taken four days to get hospitalization for these children. Most of these children are then transported to Milledgeville. Georgia Regional doesn't take children under age 14. Community programs have been developed to help with severe children but they aren't maintained like they should be as a result of a deterioration of partnerships. CMO reimbursement is also another problem.
This Study to be conducted is for five days. Rep. Manning (R-Marietta) stated she is concerned about medical home and follow up care. This Resolution passed.
Senate Governmental Oversight Committee
The Committee met today and passed HB 977 by Substitute without discussion. This
Bill provides the exemption from insurance premium taxes and contains language for the Georgia Affordable HAS Eligible High Deductible Health Plan and the Georgia Health Marketplace Act. It also has an income tax credit for employers who provide high deductible health plans.
Bill provides the exemption from insurance premium taxes and contains language for the Georgia Affordable HAS Eligible High Deductible Health Plan and the Georgia Health Marketplace Act. It also has an income tax credit for employers who provide high deductible health plans.
The Committee also passed out HB 544 as a Committee Substitute. This Bill previously cleared Senate Insurance and Labor. This Bill helps small colleges to provide by group means health insurance through self-insured products. Language from SB 404 was added to the Bill.
HB 1221 also came out of Committee today. The Bill contains language from SB 404 was added to the underlying Bill which changes a "group" health insurance plan from 100 to two persons.
Please contact Stanley S. Jones, Jr. or Helen Sloat at 404-817-6000 for further information.
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.