February 19, 2009
'Transportation Makeover' Announced
Greetings from the Gold Dome! The Big News was the announcement made by Governor Perdue, Lt. Governor Cagle and Speaker of the House Richardson of the "Transportation Makeover." New legislation was offered today to effectively transform how Georgia oversees its transportation policy and funding; the legislation will be known as the "Transforming Transportation Investment Act." It will address the State's transportation needs and investments and have accountability through the ballot box, permitting the voters to make decisions. $50 billion is needed to create the needed transportation system. The present system in Georgia is broken. Rep. Keen (R-St. Simons) and Sen. Williams (R-Lyons) will carry this legislation.
The transportation initiative merges the current powers of the State Road and Tollway Authority and the Georgia Regional Transportation Authority into a new entity which will be known as the "State Transportation Authority." This new Authority will be responsible for developing "a statewide, strategic multi-modal transportation plan and making budget requests from that plan each year to the Governor and General Assembly." Further, the Authority will work on both long and short-term plans, collaborating with the Metropolitan Planning Organizations ("MPOs") around Georgia.
State motor fuel funds will remain dedicated to roads and bridges as currently required by the Georgia constitution. Transportation funds, however, will be deposited into the State Public Transportation Fund where they will then be appropriated annually by the General Assembly.
The State Transportation Authority is proposed to have three funding programs: State asset Management (covering operations and maintenance of existing infrastructure); State Asset Improvement (addressing projects that deliver new road and transit capacity as well as make safety enhancements; and Local Grants (this program is proposed to receive a minimum of 25 percent of the State motor fuel collections to be used on priorities established by local governments).
Otherwise, Lawmakers returned this Thursday morning trying to work through their calendars as quickly as possible and get their committee meetings accomplished. Today was recognized as "Victim-Witness Advocate Day in Georgia." It was also recognized as "Georgia Rural Health Association Day at the Capitol." Late in the day, Rep. Bobby Parham (D-Milledgeville and a long-serving Member of the House), was voted to serve on the State Board of Transportation.
Floor News
House
The work of the House consisted of the following:
- HR 279 passed by a vote of 147 to zero. Rep. Barnard (R-Glennville) brought this Resolution authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia.
- HB 59 passed 158 to zero. This proposal, by Rep. O'Neal (R-Bonaire), codifies an Executive Order issued by Governor Perdue in August 2008. It provides for additional exemptions from sales and use taxes on certain controlled substances, dangerous drugs, new animal drugs, or medical devices.
- HB 311, by Rep. Hembree (R-Winston), passed by a vote of 161 to one. It alters the law governing the Georgia Higher Education Assistance Corporation to provide for guaranteed educational loans as a lender of last resort.
- HB 202, by Rep. Maxwell (R-Dallas), passed 160 to zero. This Title 47 retirement Bill provides for a maximum compensation to be used for computing contributions and benefits and provides for the payment of benefits and rollover of certain funds.
- HB 251 passed 139 to 23. The Bill, by Rep. Morgan (D-Austell), provides that a public school student can attend any school in the local school system under certain conditions.
- HB 108 passed 147 to 11 which will designate the Ralph Mark Gilbert Civil Rights Museum as the official State historical civil rights museum.
Senate
The Senate took up two Bills on its Floor today.
>SB 42 cleared the Floor by a vote of 32 to 21. Sen. Smith (R-Rome) presented the legislation because the current indigent defense system in Georgia is "dysfunctional." This Bill extensively revises the Georgia Indigent Defense Act of 2003. SB 100 also passed today by a vote of 50 to 2. This initiative, also by Sen. Smith, amends the Title 47 provisions relating to the Employees' Retirement System of Georgia and amends the designation of the Georgia Public Defender Standards Council to the "Georgia Public Defender Agency."
New Legislation
HB 37 – Rep. Bruce (D-Atlanta) authored a new version of his idea to enact the "Parent Protection Act" in Chapter 1 of Title 34. This idea was proposed previously in prior sessions and it would permit "leave" for employees to attend school conferences and medical appointments (not just for their youngsters but also for elderly folks, such as their parents). It further provides that retaliatory actions by employers would be unlawful for individuals taking advantage of this "leave." There are obligations for written notice to be provided to parents prior to these conferences. For employees to be eligible for the "leave," they must have been employed by the employer for at least six consecutive months and have 24 hours or less of available leave as of July 1 of any given calendar year. Businesses have previously not been pleased with this idea.
HB 40 – Rep. Mitchell (D-Stone Mountain) offered an amendment to O.C.G.A. § 44-14-160 to provide for the timely filing of a deed following the foreclosure. A deed under power must be filed by the purchaser of the real property within 45 days of the purchase; failure to timely file will subject the deed holder to a civil penalty not to exceed the lesser of $50 per day for each day during which the deed is not timely filed or $1,000. The penalty would be paid to the Clerk of the Superior Court where the deed under power is recorded.
HB 450 – Rep. McKillip (D-Athens) introduced changes to O.C.G.A. § 33-4-6(a) concerning an insurer's liability for a bad faith refusal to pay for a loss covered by insurance. Presently, if such refusal by the insurer is not paid within 60 days after a demand has been made by the policy holder and a finding is made that the refusal was in bad faith, then the insurer is liable. In addition to paying the loss, the insurer is liable for not more than 50% of the liability or $5,000 (whichever is greater) and reasonable attorney's fees for the prosecution of the action. This Bill would also permit the trier of the fact to make the insurer be liable for punitive damages.
HB 462 – Rep. Peake (R-Macon) proposed changes to O.C.G.A. § 48-5-41(d)(2) to revise the ad valorem tax exemption for property owned by charitable institutions when those charitable institutions are qualified as a purely public charity and otherwise exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code and those buildings are used exclusively for the charitable purpose of that institution. It also lessens the amount of land permitted from 15 acres to eight acres of land where these buildings are located and eligible for such exemption.
HB 477 – Rep. Maxwell (R-Dallas) proposed revisions to O.C.G.A. § 47-1-62 to remove a requirement for qualified veterans that an application for certain creditable service be made within a certain period, complying with federal law (which has not application deadline for such). It eliminates the current requirement that veterans notify their board of such intent no later than six months from the date that he or she resumes employment.
HB 478 – Rep. Powell (R-Camilla) offered a new Code Section for O.C.G.A. § 36-32-1.1 to require that municipal court judges be licensed to practice law in Georgia and be members in good standing of the State Bar of Georgia unless that judge was serving prior to June 30, 2009 and those individuals would be grandfathered for as long as they continuously hold those judgeships.
HB 481 – As reported in the Report of February 18, JOBS (The Jobs Opportunity and Business Success Act of 2009) has been introduced by Rep. Graves (R-Ranger). Among the Bill's provisions include:
- Waiver of filing fees relating to corporations, limited partnerships, and limited liability companies for the time period beginning July 1, 2009 through June 30, 2010 as now outlined in Title 14.
- Addition of a new Code Section at O.C.G.A. § 34-8-152.1 establishing a $500 tax credit for "creditable employees" for employers (this would be prospective and apply only against future contributions otherwise due after the date of the hiring).
- Gradual elimination of corporate income taxes to be paid beginning on or after January 1, 2012 for every domestic and foreign corporation in O.C.G.A. § 48-7-21.
- Insertion of a new Code Section at O.C.G.A. § 48-7-29.17 permitting an income tax credit for employers who apply and receive a credit for each "creditable employee." This credit would be $2,400 for each such employee. It requires the creditable employee to complete 24 months of consecutive employment with the employer.
- Amendments to O.C.G.A. § 48-8-49(b) to no longer require a "dealer" to file a return and remit to the Commissioner of Revenue any estimated tax liability.
HB 482 – Rep. Graves (R-Ranger) proposed this initiative as well to provide that, subject to referendum approval, all tangible personal property constituting the "inventory" of a business will be exempt from State ad valorem taxation. Georgia businesses have pushed this idea for several years. The change would be made in O.C.G.A. § 48-5-41.2.
HB 483 – Rep. Roberts (R-Ocilla) composed some amendments for Chapter 5 of Title 48, relating to ad valorem taxation on property, to provide for the modernization and revision of provisions relating to these taxes. Homestead exemption requirements for those taxpayers 62 years and older are changed – the amendment required in the first year the exemption is sought would no longer requires a showing of total amount of income from all sources by each individual residing within the homestead. Further, the proposal amends provisions relating to the transmission of resolutions setting the terms of members of boards of tax assessors and notification of changes made to a taxpayer's return. In O.C.G.A. § 48-5-511, it proposes that public utilities must identify each parcel of real estate by physical address and by a description adequate for the Commissioner to identify those parcels (such as map or parcel identification information).
HB 484 – Rep. O'Neal (R-Bonaire) proposed changes to HOPE in Chapter 3 of Title 20 to provide that dependent children of military personnel stationed in Georgia on active duty will be "deemed" to meet the residency requirements for purposes of HOPE scholarships and grants.
HB 485 – Rep. O'Neal (R-Bonaire) authored amendments to O.C.G.A. § 48-7-40.15A to provide for alternative tax credits for base year port traffic and how those credits may be applied.
HB 490 – Rep. Levitas (D-Atlanta) proposed a new Code Section for O.C.G.A. § 28-1-18 permitting the use of process to secure the attendance of witnesses and the production of documents before legislative committees. Service of subpoenas will be made by any person appointed for such purpose by the presiding officer of the Senate or the House of Representatives. Failure to appear or answer pertinent questions, then the legislative committee chairperson can make a certification of such fact to the appropriate prosecuting attorney who then will have the duty to promptly investigate.
HB 491 – Rep. Williams (R-Jesup) proposed changes to O.C.G.A. § 12-8-39(e) to increase a surcharge for solid waste disposal facilities so that between the time of July 1, 2008 until July 1, 2009, that fee would be $.75 per ton of solid waste. After July 1, 2009, the fee would be increased to $2.25 per ton.
HB 492 – Rep. Neal (R-LaFayette) offered his version of making the law clear on time-share projects and programs in O.C.G.A. § 44-3-162.1. It states that neither a private residence club nor a private residence club development can be considered a time-share estate, time-share program, or time-share use and it mirrors SB 190 as discussed below.
HB 493 – Rep. Brooks (D-Atlanta) introduced amendments to the law governing the Georgia Youth Conservation Corps. It would permit these Corps to assist in residential home improvement weatherization projects having the purpose of reducing energy consumption for home heating and cooling. In O.C.G.A. § 12-11-5, it would add in a new subsection (c) that the Commissioner may contract with "any eleemosynary organization for the management or supervision of any project or projects under this chapter."
HB 495 – Rep. Lane (R-Darien) proposed amendments in Titles 15 and 10 regarding appointments of judges to probate courts. In O.C.G.A. § 15-9-2.1(a), it would permit a probate court judge the ability to appoint one or more persons to serve as associate judges of the probate court in probate matters on a full-time or part-time basis; these appointments would serve at the pleasure of the probate court judge. These judges' "authority" would be the same as the authority of the judge of the probate court of the county or counties for which these associate judges are appointed. Qualifications and training requirements are enumerated along with requisite oath and bond requirements. These associate judges cannot engage in the practice of law outside his or her role as an associate judge, if serving as a full-time associate. There are limitations as well as to the practice of law for part-time associate probate court judges. The Bill also amends O.C.G.A. § 15-9-30(a) concerning the probate courts authority to include in (5) that they are permitted to have jurisdiction over the appointment and removal of guardians of minors as well as conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults. Additional changes are made in this subsection (a) as well relating to matters involving guardians and conservators. The Bill also addresses O.C.G.A. § 10-6-36 proposing changes relating to the effect of incompetency or incapacity of principal on power of attorney:
A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a guardian of the property, conservator, or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power.
HB 497 – Rep. Mitchell (D-Stone Mountain) proposed a change to O.C.G.A. § 10-1-357(c) to provide for the forfeiture of vehicles used to transport stolen metals. These forfeitures would be conducted in accordance with O.C.G.A. § 40-6-391.2(b) through (g).
HB 498 – Rep. Lunsford (R-McDonough) proposed a new Code Section for O.C.G.A. § 48-5-6.1 to provide that foreclosure sales and distressed sales shall be taken into account in the determination of fair market value for purposes of taxation.
HB 500 – Rep. Martin (R-Alpharetta) authored a change in O.C.G.A. § 48-8-2 redefining "gross sales" to remove the limitation of taxability to local exchange telephone service and providing for taxability of all telephone service.
HB 501 – Rep. Austin (R-Demorest), a freshman in the House, has dropped this Title 20 proposal to provide for the placement and promotion policies for grades one, two, four, six and seven. It also would permit any decision by the placement committee to be appealed to the local board of education by filing a written notice of appeal within 20 days from the date that such decision is rendered; the local board would then make a review and render a written decision. The local board's decision is given to all parties within ten days. The proposal would require the local board of education to annually report to the State Board of Education the number of students who do not perform at grade level on a second additional assessment opportunity and of these, the number of students retained and the number of students promoted.
HB 503 – Rep. Austin (R-Demorest) proposed the enactment of the "Teacher Access to Resources Act" in Chapter 2 of Title 20. It would require the State Board of Education to establish a comprehensive website, to be created on July 1, 2009, for teachers providing access to State standards and teaching resources. It would further require State-approved textbooks to be aligned with State standards and require the local school systems to provide teacher's editions of textbooks. The textbooks must have at least 80% of the competencies and curriculum requirements as established by the State Board of Education for the particular grade level and subject.
HB 505 – Rep. Walker (R-Loganville) authored new increases for sheriff's service fees for their serving and dispossessing certain tenants and intruders. Serving process against a tenant over or intruder upon land to dispossess them currently is a fee of $25; service for dispossessing a tenant or intruder is also $25. This proposal would increase both fees to $50 in O.C.G.A. § 15-16-21(b).
HB 506 – Rep. Davis (D-Gracewood) offered a new subsection at O.C.G.A. § 40-2-21(g) to provide for a period during which a penalty for the late registration and licensing of an automobile will not be entered:
When a natural person fails to register a motor vehicle on or before a registration deadline date, no monetary late fee shall be imposed against such person for the first 20 days following such registration deadline date. A late registration fee may be imposed for a registration occurring after the 20 day grace period for late registration for in this Code section.
HB 508 – Rep. Mitchell (D-Stone Mountain) authored establishment of the "Stop Mortgage Foreclosure Rescue Fraud Act of 2009" in Chapter 14 of Title 44. It would allow homeowner relief from unfair practices related to foreclosure and foreclosure rescue schemes. "Foreclosure-rescue transaction" is defined as:
(A) By which residential real property in foreclosure is conveyed to an equity purchaser and the homeowner maintains a legal or equitable interest in the residential real property conveyed, including, without limitation, a lease option interest, an option to acquire the property, an interest as beneficiary or trustee to a land trust, or other interest in the property conveyed; and
(B) That is designed or intended by the parties to stop, avoid, or delay foreclosure proceedings against a homeowner's residential real property.
The Bill outlines what types of services a foreclosure-rescue consultant may not do. There are also proposed ways in which a homeowner may cure defaults in contracts. Any violations of this law would be a violation of the Fair Business Practices Act and a monetary penalty of $30,000 per violation can be assessed.
HB 510 – Rep. Butler (R-Carrollton) dropped a new Code Section for O.C.G.A. § 28-1-18 to permit the Chairs and Vice-Chairs of the Senate and House Appropriations Committees the ability to issue subpoenas to witnesses to compel them to provide sworn testimony and produce documents before the appropriations committees or the respective subcommittees. This Bill is similar to HB 490 by Rep. Levitas (D-Atlanta). However, this proposal is more narrowly drawn and relates only to appropriations and not all legislative committees. It does provide in this Bill witnesses fees as permitted in O.C.G.A. § 24-10-24.
HB 511 – Rep. Hatfield (R-Waycross) proposed revisions to records are kept by the Georgia Crime Information Center in O.C.G.A. § 35-3-37. Some of the changes include:
- It permits an individual who believes that his or her records are inaccurate or incomplete to notify the Center about changes necessary. If the Center declines to act within 60 days of the request or the individual believes the Center's or prosecuting attorney's decision to be unsatisfactory, then that individual or his or her attorney, within 30 days of the decision, can enter an appeal to the superior court of the county of his or her residence or the court in the county where the agency exists. Notice would be required to be sent to the Center as well as the proper prosecuting attorney. The court would then conduct a de novo hearing and can order relief as it finds to be required by law, including, but not limited to, the ordering that all records in the custody of the court be sealed and removed from public disclosure.
- It also permits an individual who was: the defendant in an indictment or accusation which was placed on the dead docket or nolle prossed; found not guilty of the charges by a judge or jury; successful in completing a pretrial diversion program, the terms of which did not specifically provide for the expungement of the arrest record; or convicted of an offense, but such conviction was reversed by an appellate court, which decision has been made final, and the prosecuting attorney has elected not to pursue the charges further may request the original agency in writing to expunge ALL records of such arrest, including fingerprints and photographs taken in conjunction with the arrest and any records relating to the arrest, charge, or other matters arising out of the arrest or charge.
- It further would permit an individual, whose record is expunged under this Code Section not be required to disclose the fact of the arrest, record or any matter relating to those, on an application for employment.
HB 512 – Rep. Hembree (R-Winston) introduced a change to O.C.G.A. § 50-27-5 regarding the membership of the board of directors for the Georgia Lottery Corporation as of January 1, 2010. Rather than seven members, it would be comprised of eleven members with seven appointments made by the Governor; two appointments made by the Speaker of the House of Representatives; and two appointments made by the Lt. Governor. It no longer would require confirmation of the Governor's appointments by the Senate.
HB 516 – Rep. Roberts (R-Ocilla) offered revisions to Chapter 2 of Title 8 to provide that industrialized buildings must be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory. Among the Bill's revisions in this portion of the Code include:
- A new definition for the term "industrialized building" in O.C.G.A. § 8-2-111(3). It excludes "manufactured housing" as defined by the federal National Manufactured Construction and Safety Standards Act of 1974, 42. U.S.C. Section 5401, et seq.
- It requires in O.C.G.A. § 8-2-171(a) that on and after September 1, 2009, no pre-owned manufactured home that is relocated from its existing location to a new location may be occupied unless it is inspected and received a certificate of compliance. Fees for this inspection may be assessed but not to exceed $100 for such inspection.
- In O.C.G.A. § 8-2-171(b), it requires the Commissioner of Insurance to promulgate standards for pre-owned manufactured homes and those standards to be included are enumerated in (c) of that Code section.
HB 517 – Rep. Lindsey (R-Atlanta) introduced a new Chapter 5B in Title 48 to provide for the comprehensive revision of the manner and method of assessing real property. In O.C.G.A. § 48-5B-2(a), the Bill proposes to cap the rate of increase of the assessed value of real property:
The rate of increase of the assessed value of real property for state, county, municipal, or educational ad valorem tax purposes shall not exceed an aggregate of 9 percent for each three-year period of successive ownership and, except as provided in this subsection, shall not exceed from one taxable year to the succeeding taxable year the lesser of 3 percent or the percent change in the rate of economic inflation on individual taxpayers as determined by the commissioner. For such purpose, the commissioner may use the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor and any other reliable economic indicator determined by the commissioner or such other designee as specified by general law to be appropriate. Such rate shall be determined by the commissioner not later than December 1 of each year. Within such three-year period, such 3 percent limitation shall operate in a cumulative manner so if an increase in one year is less than 3 percent, the 3 percent cap for the next succeeding year shall be increased by an amount equal to the difference in the actual percentage increase in the preceding year and 3 percent.
It further outlines at least ten reasons why real property would be reassessed (e.g. a conveyance by deed; conveyance by land contract; etc.). It also establishes when an "assessable transfer of interest" occurs. In O.C.G.A. § 48-5B-8, it proposes that the mill limitation in effect on January 1, 2011 for any school system may be increased or removed for any school system upon the adoption of a resolution by the board of education by a majority of the members, conditioned upon the approval by a majority of qualified voters residing within the limits of the school system voting in a referendum. It proposes in O.C.G.A. § 48-5B-9 that such mill limitation may be increased or removed for any municipality upon adoption of a resolution by the governing authority for that municipality.
HB 519 – Rep. Fludd (D-Fayetteville) proposed a new Code Section for O.C.G.A. § 48-7-29.17 to provide an income tax credit for qualified water efficient product expenses and qualified energy efficient product expenses. Such credits would permitted against the tax imposed in O.C.G.A. § 48-7-20 and not exceed the actual amount of the expenditure or $500, whichever might be less. If passed, these credits would be applicable in tax years beginning on or after January 1, 2009.
HB 520 – Rep. Fludd (D-Fayetteville) authored a new Code Section at O.C.G.A. § 48-5-477.1 to provide for partial ad valorem exemption on certain motor vehicles owned by disabled veterans (any wartime veteran discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being permanently disabled and whose disability is less than 100% who is entitled to receive service-connected benefits and who is not qualified to receive the exemption under O.C.G.A. § 48-5-478). The exemption would be in the amount of a percentage of the assessed value of the motor vehicle which is equal to the percentage of the veteran's permanent service-connected disability as determined by the United States Department of Veterans Affairs. If passed, it would apply to tax years beginning on January 1, 2010.
HB 521 – Rep. Beasley-Teague (D-Red Oak) proposed amendments to O.C.G.A. § 31-12-6 to add certain genetic conditions to the list of genetic conditions for which the Department of Community Health has created a system of prevention. In current law, the Department must create a system "for the prevention of serious illness, severe physical or developmental disability, and death caused by genetic conditions, such as phenylketonuria, galactosemia, homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal hyperplasia and such other inherited metabolic and genetic disorders as may be identified in the future to result in serious illness, severe physical or developmental disability, and death if undiagnosed and untreated." This Bill adds the following as well: "citrullinemia, argininosuccinic acidemia, tyrosinemia type I, isovaleric acidemia, glutaric acidemia type I, hydroxymethylglutaric aciduria, multiple carboxylase deficiency, methylmalonic acidemia due to mutase deficiency, methylmalonic acidemia, 3-methylcrotonyl-CoA carboxylase deficiency, propionic acidemia, beta-ketothiolase deficiency, medium-chain acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA dehydrogenase deficiency, long-chain 3-OH acyl-CoA dehydrogenase deficiency, trifunctional protein deficiency, carnitine uptake defect, sickle cell anemia, Hb S/beta-thalassemia, Hb S/C disease, biotinidase deficiency, cystic fibrosis."
HB 523 – Rep. Lunsford (R-McDonough) authored amendments in Chapter 4 of Title 26 to provide that a brand necessary indication applies for refills. It further proposes to prohibit a pharmacist from engaging in drug product selection or substitution, for a patient undergoing immunosuppressive therapy, to prevent transplant rejection without prior consent of the patient and prescribing physician. This Bill is similar to a 2008 version of this legislation which did not pass. It also would require the pharmacist to make "reasonable attempts" to contact the prescribing physician before a change is made to substitute a generically equivalent immunosuppressive drug for a period of no longer than 72 hours until communication can be established with that prescribing physician or designee. Physicians can also specify a generic manufacturer for immunosuppressive medications by indicating that designation on the prescription.
HB 524 – Rep. Mayo (D-Decatur) authored changes relating to "mandatory education attendance" of children in O.C.G.A. § 20-2-690.1. His amendment in subparagraph (a) states that "any person who is a parent or guardian or has control or charge of any child subject to compulsory attendance and who becomes a resident of this state shall, within 60 days of having become a resident, enroll said child in a public or private school or place the child in an approved home study program." This provision would apply to those children between their sixth and sixteenth birthdays. In subsection (c), it strips out language pertaining to the notice provisions regarding a child who has five unexcused days of absence; rather in (d), it inserts that a parent, guardian or individual has control/charge of that child and that child fails to regularly attend school may be reported to the proper prosecuting attorney.
HB 525 – Rep. Day (R-Tybee Island) introduced a new subsection (g) to O.C.G.A. § 40-8-76.1, governing the required use of safety belts in passenger vehicles, which reads:
An occupant of a passenger vehicle shall not be incompliance with the provisions of this Code section unless a seat safety belt required to be used for restraint is being used in accordance with the manufacturer's directions for such seat safety belt.
HB 526 – Rep. Hembree (R-Winston) proposed revisions to the "Georgia Registered Professional Nurse Practice Act" in O.C.G.A. § 43-26.2 which will require the Georgia Board of Nursing to provide periodic reports to the General Assembly concerning higher education for nursing along with recommendations for expansion and improvements for nursing education opportunities.
HB 527 – Rep. Lunsford (R-McDonough) introduced a new Code Section at O.C.G.A. § 32-4-4 to authorize procedures relative to asbestos pipe when that pipe exists in the rights of way of any road, bridge, or other transportation project and how that municipality, county or authority which owns and operates such may either remove and dispose or abandon and fill with grout.
HR 335 – Rep. Butler (R-Carrollton) proposed a Constitutional Amendment at Article III, Section IV adding a new Paragraph XIII concerning the issuance of subpoenas. This Resolution is the companion to HB 510 as discussed above requiring testimony of witnesses and production of documents before the House and Senate Appropriations Committees.
HR 337 – Rep. Smith (R-Newnan) expressed support of the House of Representatives for development of Georgia's energy resources, both on land and offshore. A mirror Resolution of this idea, HR 338, also by Rep. Smith, was dropped as well.
HR 339 – Rep. Marin (D-Duluth) offered this Resolution urging Congress and President Obama to enact comprehensive immigration reform.
HR 341 – Rep. Butler (R-Carrollton) authored a Constitutional Amendment in Article VIII, Section VI with a new Paragraph V to authorize a board of education to levy a sales and use tax of one percent for educational maintenance and operation purposes of public schools with an equivalent millage rate reduction. This would be permitted to be done by a board for an independent school district as well. The imposed tax would continue until the board of education calls for its termination. If passed and signed into law, the proposal would require voter approval.
HR 346 – Rep. Ashe (D-Atlanta) offered this Resolution to recognize March 2009 as "Endometriosis Awareness Month in Georgia." This common disease affects women's reproductive health and affects more than five million American women. Left untreated, it can impact the bladder, kidney, liver, eyes, and brain.
HR 365 – Rep. Geisinger (R-Roswell) proposed to recognize February 25, 2009 as "Skin Cancer Awareness Day" at the State Capitol.
HR 369 – Rep. Ashe (D-Atlanta) offered a Constitutional Amendment at Article VII, Section II of the State's Constitution to amend Paragraph III to authorize the governing authority of any county or municipality, subject to referendum approval, to exempt from ad valorem taxation, in whole or in part, up to $250,000 of the value of a homestead owned solely or jointly by a teacher, a firefighter, or a law enforcement officer.
HR 370 – Rep. Day (R-Tybee Island) proposed a Constitutional Amendment to Article III, Section IX, Paragraph VI in an effort to create and fund the Georgia Trauma Care Trust Fund. It would permit the General Assembly to provide by law for the dedication and deposit of revenues raised from specified sources for the purposes of funding this Trust Fund for trauma care. The funds would also not "lapse."
SB 178 – Sen. Moody (R-Alpharetta) proposed the embedding and extending of a sunset date of June 30, 2011 for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants under the Quality Basic Education Act in Chapter 2 of Title 20.
SB 180 – Sen. Cowsert (R-Athens) authored changes to O.C.G.A. § 40-5-64 to permit the issuance of a limited driving permit to a person who is convicted of driving under the influence after a 120-day suspension if an ignition interlock is installed on all vehicles operated by the person applying for this limited driving permit; and the person applying continues to participate for a minimum of 120 days in a Department of Human Resources-approved multiple offender program or in a drug court program.
SB 182 – Sen. Hill (R-Marietta) offered another idea in an effort to "reform" health insurance coverage. This group of Title 33 amendments proposes to:
- Revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans
- The term "qualifying event" is defined in O.C.G.A. § 32-24-21.1(a)(7) (which could determine a loss of coverage – such as the death of the group member)
- There are proposals pertaining to continuation of this group coverage for groups of more than 50 as well as for a group of not less than two and not more than 50
- Provide for additional continuation plan options (requiring the offering of the option of a high deductible health plan (or equivalent) eligible for use with a health savings account under applicable provisions of Section 223 of the Internal Revenue Code)
- Change the age for continuation coverage under certain group policies (those of a group of not less than two and not more than 50) from 60 to 55 (e.g. applying to surviving spouses of a group member)
- Provide dependent coverage up to and including 25 years of age, if that dependent is a dependent for State income tax purposes for that policyholder or group member (it strips away the current requirement in O.C.G.A. § 33-29-2(a)(3) and in O.C.G.A. § 33-30-4(4) that this child dependent be enrolled as a full-time student in a post-secondary institution)
- Authorize early conversion rights
- Provide premium calculations and experience ratings
- Require the Commissioner of Insurance to promulgate rules and regulations providing for reporting and notification of eligibility requirements for participation in the Georgia Health Insurance Assignment System and Georgia Health Benefits Assignment System
SB 186 – Sen. Thompson (D-Tucker) introduced this set of revisions to Chapter 44 of Title 36 to provide that when a tax allocation district is created within the area of operation of a community improvement district established pursuant to Article IX, Section VII of the Georgia Constitution by the local legislative body of the municipality or the local legislative body of the county, all or part of the ad valorem taxes levied by that community improvement district can be included in the computation of tax allocation increments of a municipal tax allocation district or county tax allocation district if the administrative body of such community improvement district consents to that inclusion by resolution which has been adopted by the administrative body.
SB 187 – Sen. Thompson (D-Tucker) offered this Bill in Title 32, addressing priority of expenditures from the State Public Transportation Fund. One of its provisions requires in O.C.G.A. § 32-5-21:
Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order; provided however, that 16.66 percent of the total amount of taxes collected at the rate of 3 percent under paragraph (1) of subsection (b) of Code Section 48-9-14 shall be expended in accordance with paragraph (6) of this Code section
These moneys would be expended for transportation purposes, determined by the Department of Transportation, other than public roads and bridges.
SB 189 – Sen. Shafer (R-Duluth) authored a revision to O.C.G.A. § 33-47-4.1 permitting a licensed managing agent to charge a policy fee of not more than $25. This "fee" would be a component of the insurer's rate filing and would be fully "earned."
SB 190 – Sen. Mullis (R-Chickamauga) proposed amendments to O.C.G.A. § 44-3-162.1 pertaining to "time-share" projects and programs by inserting new definitions for the terms "private residence club" and "private residence club development." Neither of these will be considered a time-share estate, time-share program, or time share use.
SB 192 – Sen. Hill (R-Marietta) offered a new Chapter 66B in Title 36 to be known as the "Wireless Communications Tower Siting Act." This legislation would establish planning by an authority (municipality, township, county, or regional planning commission or any municipal or county legislative body that has adopted planning and zoning regulations for all or the majority of land uses within its jurisdiction) for the construction of wireless facilities and wireless support structures.
SB 194 – Sen. Chance (R-Tyrone) authored amendments to O.C.G.A. § 50-5-77 to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains. State agencies are permitted to enter into multi-year leases, purchases, or lease purchase contracts for the acquisition of goods, materials, real or personal property, improvements to real property, services, construction services, renovation services and supplies as benefits based funding projects. This Bill amends how the contracts terminate. The contract must also provide that "at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract, the vendor shall be required to remedy the deficit in actual savings or incremental revenue gains by remitting to the State an amount equal to the deficit. The vendor shall also be required to provide at contract execution and upon execution of any contract renewals an energy savings guarantee bond, a bank letter of credit, escrowed funds a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the value of the project's annual savings or revenue gains." This set of changes includes language that payments to which a vendor is entitled under a contract may also not be assigned without agency approval.
SR 328 – Sen. Mullis (R-Chickamauga) dropped this Resolution to urge the Georgia Senate to acknowledge a paramount "right to life" and the need to protect innocent human life at every stage of life. The Resolution cites President Reagan's Presidential Proclamation 5761 America's great gift to the world through its recognition and protection of the inalienable rights of human beings and the right to life belonging equally to babies in the womb, babies born handicapped, and the elderly or infirm.
SR 331 – Sen. Hill (R-Marietta) offered a new version of the Joint Study Committee on Health Care Transformation which would be an eight-member Study Committee appointed with four members each from the House and Senate. It would look at the current healthcare system and identify "its shortcomings and gaps with regard to providing healthcare services to all Georgians and to study models from other states, including the provision of healthcare services through a consumer driven healthcare model."
SR 335 – Sen. Thompson (D-Tucker) offered a Constitutional Amendment for the imposition of State sales and use tax at a rate of one (1) percent with the proceeds to be used exclusively to build on the PeachCare for Kids program providing healthcare coverage for all Georgia children and additionally create the Penny for the Kids Trust Fund. This Amendment is proposed for Article VII of the State's Constitution. If passed and adopted by the voters, this Penny for the Kids Trust Fund would begin receiving State sales and use taxes on January 1, 2011. Moneys deposited into this Fund would not lapse and not be subject to any limitations found in Article III, Section IX, Paragraph VI(a) of the State's Constitution.
Committee News
House Rules Committee
This morning, the Chairman of Rules, Rep. Ehrhart (R-Powder Springs), acknowledged former House Rules Committee Chairman Bill Lee who was visiting the Capitol this morning. Former Representative Lee served in the House under the leadership of the late Speaker of the House Tom Murphy.
There was a great deal of discussion concerning Rep. Jones' "Move on When Ready" education initiative. Some raised concerns about the additional reporting requirements placed on the Department of Education. Republicans and Democrats were in part agreeing with one another this morning about "accountability" needed in education. They predict this initiative will impact 5,000 children across the State and permits the students to move on to college courses while still enrolled in high school. HB 149 was held.
The Rules Calendar for Tuesday, February 24, 2009 will be:
- HR 259 – This Resolution by Rep. Smyre (D-Columbus) requests that the President of the United States and his administration continue the uninterrupted production of the F-22 Raptor.
- HB 343 – Rep. Collins (R-Gainesville) authored this Bill to provide for the position of weight inspector for the Motor Carrier Compliance Division of the Department of Public Safety.
- HB 331 – Rep. Martin (R-Alpharetta) proposed to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals in Chapter 6 of Title 5.
- HB 283 – Rep. Martin (R-Alpharetta) authored revisions relating to the expenses of the board and the amount and disposition of examination fees to be charged by the Bar of Examiners.
- HB 216 – Rep. Harden (R-Cordele) introduced this Bill to amend terms for the Cordele Judicial Circuit.
- HB 172 – Rep. Maxwell (R-Dallas) offered Employees' Retirement System of Georgia deleting provisions providing for physical examinations done at a place convenient to the beneficiary.
- HB 167 – Rep. Jerguson (R-Canton) authored this Bill adding an additional judge to the Cherokee County State Court.
- HB 100 – Rep. Ehrhart (R-Powder Springs) authored Title 48 revisions to revise and change provisions regarding educational improvement and student scholarship organizations and to change some of the requirements regarding operation and taxation of student scholarship organizations. (Modified Structured Rule)
- HB 64 – Rep. Sims (R-Ambrose) offered this Bill amending death certificate filing requirements to require that a funeral director, or person acting as such who first assumes custody of the dead body, shall be required to file the death certificate within 72 hours of receiving such certificate by the appropriate physician or coroner.
- HB 120 – Rep. Smith (R-Newnan) proposed this year's sales and use tax exemption (Sales Tax Holiday) for the sales of certain school supplies. Also included is a sales tax holiday for certain energy efficient products. (Structured Rule)
Senate Committee on Urban Affairs
This Committee reported out a Committee Substitute on SB 89 permitting the consumption of food and beverages in a rapid rail station or intermodal bus station, unless that public transit system adopts a policy prohibiting food and beverages in such station. The changes also permit individuals to enjoy "resealable" beverages – not just bottles of water as permitted under current law.
Senate Economic Development Committee
After being recommitted to the Senate Economic Development Committee from the Senate Special Judiciary Committee, the Governor's "tort reform" initiative, SB 101, got a hearing today. Sen. Cowsert (R-Athens), one of the Governor's Floor Leaders, presented the Bill to the Committee. SB 101 would limit liability for certain drug and medical device manufacturers and sellers under certain circumstances. It is likely to get a vote at the next meeting.
Senate Transportation Committee
The Bill relating to control of signs and signals on State highways has cleared the Senate Transportation Committee. SB 164 establishes height restrictions on signs, basically limiting those signs to 75 feet in height. It also has requirements of a $4,000 "vegetation" fee to be paid at the time of application for outdoor advertising permits. That money would be paid into the Roadside Enhancement and Beautification Fund for grants approved by the Roadside Enhancement and Beautification Council for roadside beautification projects.
Senate Veterans, Military and Homeland Security Committee
A Substitute on SB 136 was reported out of this Committee dealing with the proposed requirement that the Department of Corrections and State Board of Pardons and Paroles participate in the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer ("REPAT") Program. This Bill outlines a parole release condition on deportation and expedited procedures for deporting alien prisoners (in certain instances). The Department would be required to coordinate with federal authorities in order to determine the immigration status and eligibility for removal. Written notice is required to be given to each alien who is eligible for parole conditioned on deportation that illegal reentry into the United States would require the return of that alien back into the custody of the Department to complete the remainder of his or her court-imposed sentence.
Senate Education and Youth Committee
A newer version to SB 84 was released with a "do pass" recommendation. This Bill by the Governor and carried by Sen. Heath (R-Bremen) revises current law concerning eligibility for election as a local board of education member, addressing issues raised in Clayton County. In part, it proposes that no person will be eligible for election as a member of a local board of education unless he or she: "(1) is a United States citizen; (2) is a registered voter; (3) has read and understands the code of ethics and conflict of interest provisions which are applicable to members of local boards of education and has agreed to abide by them; and (4) has agreed to annually disclose compliance with the State Board of Education's policy on training for members of local boards of education, the code of ethics of the local board of education, and the conflict of interest provisions applicable to members of local boards of education."
Senate Regulated and Public Utilities Committee
This Committee reported out a Substitute to SB 148 addressing changes to the "Georgia Occupational Regulation Review Law" which would review each existing regulatory entity currently regulated to determine the applicability and necessity of such regulatory entity's authority with relation to the current professional and business conditions in Georgia. These reviews would be done at a minimum of once every seven years.
Senate Finance Committee
The jet fuel tax sales and use tax exemption passed handily this morning.
A long discussion of HB 233, the property tax moratorium that Rep. Lindsey (R-Atlanta) brought, ensued. Many organizations raised questions and comments including Association of County Commissioners of Georgia, school boards and Georgia Municipal Association questioned technical issues with the Bill; its general advisability because it hurts schools; and its constitutionality because it could lack uniformity required by the State's constitution. Rep Lindsey countered the constitutionality questions that the Georgia Municipal Association raised. Many Senators and witnesses suggested that property tax appraisals would not rise anyhow during the recession. It was acknowledged that the Bill did permit deflation of values. With certain technical amendments suggested, Chairman Chance (R-Tyrone) held the Bill for a later vote so that the initiative could be perfected before the vote.
Sen. Goggans (R-Douglas) presented the trauma bill, raising the vehicle tag fee $10 to fund the Trauma Commission. He passionately described the problems in rural areas which are too far from a trauma center. Sen. Seabaugh (R-Sharpsburg) raised questions about accountability of the money and possibility of the fee increasing over time. Sen. Staton (R-Macon) responded that the Bill had fixed problems from before and that he was working to tighten the Commission's accountability. Sen. Goggans pleaded that hospitals needed more trauma money to deal with expensive uninsured patients and low reimbursement Medicaid payments. Sen. Seabaugh expressed a desire to find a solution but did not like this particular idea. Sen. Chance cut off speakers who were for the Bill. Sen. Thompson moved to pass the initiative forward and Sen. Staton seconded his motion. The Bill passed with only one "no" vote from Sen. Seabaugh.
House Committee on Public Safety and Homeland Security
HB 325 cleared this Committee authorizing the Department of Human Resources to require fingerprinting and criminal background investigations of all applicants for licensure as emergency medical services personnel in Chapter 11 of Title 31. Criminal records check would be conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation. The Department can impose fees to cover these record searches. All conviction data received by the Department shall not be a public record and shall be privileged and not be disclosed to any other person or agency except as provided in this subsection (b) and except to any person or agency which otherwise has a legal right to inspect the application file.
House Appropriations Committee
Special Projects Subcommittee
One of the immigrant "policing" bills, HB 2 brought by Rep. Tom Rice (R-Duluth), moved out of the House Appropriations Special Subcommittee today. It reinforces policing of counties and their contractors and subcontractors to e- verify the immigration status of employees and also to verify the status for those receiving "public" benefits from local governments. The proposed new law applies to county "grants" as well as contracts. The employment piece already applies to nonprofits and extends to subcontractors. The policing of immigration status for public benefits, however, only applies to counties and exempts certain health and emergency service benefits from the verification requirement, such as delivery of babies, emergency services or the distribution of food. The Bill has been amended so it could not be read to extend to nonprofits delivering benefits. The counties also got some additional time to comply and language was added to require compliance as consistent with other federal and state law, giving counties more latitude to comply with the vague requirements.
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.