Capitol Bustling with Activity
Greetings from the Gold Dome! While it is a blustery, frigid day here in Georgia, the Capitol was bustling with activity. School children and other groups packed the halls to see Lawmakers in action, addressing the "people's business."
Georgia's revenue situation continues to worsen. Governor Perdue announced an additional decline by another 8.7 percent in January. Georgia has now been experiencing a decline for more than a year. The collections for the month of January 2010 (Fiscal Year 2010) totaled $1,438,319,000 compared to those of $1,575,265,000 for January 2009 (FY 2009), a decrease of $136,946,000. This percentage decrease year-to-date for FY 2010 compared to FY 2009 is 12.9 percent. These numbers come at a bad time as the General Assembly tries to come up with a budget proposal for the State's supplemental FY 2010 Budget.
Today was Toccoa-Stephens County Day at the State Capitol with numerous leaders from that area of the State including representatives from the Stephens County Commission, Mayor of Toccoa, the Development Authority Board, and local Chamber of Commerce present in the halls.
House
Rep. Howard Maxwell (R-Dallas) presented the ROTC competition winners from Paulding County this morning on the House Floor.
On the House Rules Calendar today, the House took up HB 969. This Bill, by Rep. Howard Maxwell (R-Dallas) provides that if a member of a public retirement system dies while performing qualified military service, as defined in Section 414(U) of the federal Internal Revenue Code, then that member's beneficiary will be entitled to all additional benefits to which the beneficiary would have been entitled if that member had resumed employment with the employer, re-entered the plan, and died immediately thereafter with some exceptions. HB passed 165 to one.
A second retirement Bill, HB 542, was also on the House Floor, presented by Rep. Brooks Coleman (R-Duluth). It increases from $15.00 to $16.00 the maximum allowable benefit contingent upon funding under the Public School Employees Retirement System. HB 542 passed 166 to zero.
Senate
SB 305, by Sen. Jeff Mullis (R-Chickamauga), made it to the Senate Floor. It proposes to amend O.C.G.A. §32-2-81 relating to use of the design-build method of implementation of transportation projects. It would increase the percentage of projects that may be contracted for using the design-build method from 15 percent to 30 percent of the total construction project. This sailed out of the Senate with a vote of 52 to zero.
The Senate also addressed HB 320, the initiative by Rep. Jimmy Pruett (R-Eastman). The Bill changes all references to the ‘Georgia Environmental Facilities Authority’ to the ‘Georgia Environmental Finance Authority;’ if passed and signed into law, it would become effective on July 1, 2010, provided an Act is passed to change the name of the Georgia Environmental Facilities Authority. This Bill also passed with a vote of 55 to zero.
Committee News
House Rules Committee
The House Rules Committee set the following calendar for Thursday, February 11, 2010:
- HB 974, authored by Rep. Howard Maxwell (R-Dallas), relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that a member seeking creditable service for a period of absence from duty must have returned to service.
- HB 997, offered by Rep. Howard Maxwell (R-Dallas), which requires that the Employees' Social Security Coverage Group will be under the jurisdiction and control of the State Personnel Administration.
- HB 947, offered by Speaker David Ralston (R-Blue Ridge), the Supplemental FY 2010 Budget.
House Ways and Means-Income Tax Subcommittee
House Ways and Means-Income Tax Subcommittee held hearings on HB 915, HB 962, HB 983. All will be brought up again. The Subcommittee passed to full Committee HB 984 which eliminates the currently permitted one percent income tax to be to be imposed by cities and counties.
House Ways and Means- Sales Tax Subcommittee
The Subcommittee passed out HB 359 today. This Bill, authored by Rep. Chuck Martin (R-Alpharetta) extends the sales and use tax exemption with respect to certain sales of eligible food and beverages to a qualified food bank. The exemption would be extended until June 30, 2012.
House Judiciary Non-Civil Committee
House Judiciary Non-Civil Committee cleared four Bills this afternoon. HB 901 , by Rep. Kevin Levitas (D-Atlanta), which tightens current law on sentencing of convictions of three or more felonies (so that murderers and kidnappers are treated as law is intended). District Attorneys rose in support of the proposal.
HB 180, is the compromise legislation between the Medical Association of Georgia and estheticians (check spelling), for technicians under the supervision of a physician to tattoo within one inch of the eye passed.
The Committee also passed out HB 1015 with the issue of "associate" of a street gang being addressed, tightening current law. There would be a requirement that the associate have a nexus with the gang.
HB 927, by Rep. Mike Jacobs (R-Atlanta), also passed strengthening Georgia's law on "bullying". It now includes those acts which are "perceived to be threatening, harassing, or intimidating.". It also follows case law relating to what is "substantial physical harm" or visible bodily harm." There were some questions brought by the School Superintendents Association which were addressed (dealing with transportation costs-which would be at discretion of the district).
House Human Relations and Aging
HB 1054, authored by Rep. Len Walker (R-Monroe), received a do pass recommendation from the Committee today. This Bill would allow for food stamp recipients to purchase qualified food via the internet from participating non-profit providers. Rep. Walker cited that this would position the State in the event that such approval of these purchases comes from the United States Department of Agriculture. There are a number of criteria that have to be met by the non-profit to benefit from this Legislation
Rep. Dee Dawkins-Haigler (D-Lithonia) questioned what the benefit would be to the consumer to purchase such food over the internet. Rep. Walker stated that the non-profits get the food at a greatly reduced price, therefore, passing it along to the consumer.
Rep. Walker reiterated that this measure is focused solely on non-profits. Rep. Gene Maddox (R-Cairo) moved "do pass". HB 1054 passed unanimously out of Committee.
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.