January 14, 2008
2008 Session Begins Under the Gold Dome
Only 39 more days left under the Gold Dome as legislators poured into the Capitol today to commence the 2008 session of the Georgia General Assembly. As anticipated by many, the House took action to override some of the 41 vetoes that Governor Perdue issued in 2007. The Governor's Floor Leaders argued the Governor's positions on the bills as they came before the house, but the vetoes on twelve House Bills were overridden; HB 549, HB 451, HB 218, HB 229, HB 69, HB 91, HB 529, HB 162, HB 441, HB 559 and HB 807.
Procedurally, the bills have now been transmitted to the Senate Rules Committee for it's consideration on further action. The Water Plan was also presented for the first time to lawmakers today. Under HB 237, the Water Council was required to present the Legislature with the plan on the opening day of the 2008 session. Georgia's Certificate of Need law is still an interest of topic under the Gold Dome. There was speculation that negations are in the process for a deal on revisions to the current Certificate of Need law, (CON). The Georgia Chamber of Commerce begins its annual fete for Lawmakers this evening at the Georgia World Congress Center, followed by a breakfast tomorrow morning.
Legislation
SB 335- Offered by Sen. Douglas (R-Social Circle), amends O.C.G.A. §50-3-100, would prohibit any state agency or political subdivision from requiring an employee of the State of Georgia to speak or learn any language other than English in order to be employed by the state.
SB 339 – Sen. Hill (R-Marietta) offered the following amendment, which would permit persons with valid firearms license to carry firearms in historic sites, state parks or wildlife management areas. O.C.G.A. § 12-3-10 (O) and O.C.G.A. § 27-3-1.1 respectively, would be amended.
SB 341- authored by Sen. Hawkins (R-Gainesville) has proposed an expansion of the duties for The Council on Aging by adding a new Code Section at 49-69-21.1. This Bill requires that the Council provide reports to the Governor and the General Assembly, entitled Project 2020 "Project for a Lifetime."
SR 687- Offered by Sen. Seabaugh (R-Sharpsburg), proposed the following amendment to Constitution, which would allow a local taxing jurisdiction to wholly or partially replace ad valorem taxation other than bonded indebtedness with a 1 percent sales and used tax. This Resolution would come before the citizens of Georgia for a vote.
HB 938 – Rep. Ehrhart (R-Powder Springs) proposes that franchise fees cannot be collected by municipalities for the operation of cable television systems from residents in unincorporated areas. It also provides that franchise taxes must be approved by referendum of the majority of voters prior to imposition, increase or extension. These changes are made in Title 36 of the O.C.G.A.
HR 1013 – Rep. Levitas (R-Atlanta) has proposed a Constitutional amendment to provide by law for homestead exemptions that freeze the assessment of property with respect to any or all ad valorem property taxes. Rep. Levitas has accompanying legislation, HB 937, regarding this proposal which would add a new Code Section 48-7-29.13.
House Ways and Means Subcommittee on Tax Reform
The Subcommittee on Tax Reform of the House Ways and Means Committee met today to cover the various aspects of the draft bill. This subcommittee intends on having additional meetings this week before they will vote out a draft proposal for the full committee's review. Many questions were raised including the following:
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What would the definition of medical services be? Medical services would not be considered pharmacy.
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Questions on motor vehicles and the collection of the additional $20 were posed. Members wanted to know when this additional fee would be collected. This tax would be on vehicles for personal used; however, questions arose on how to test personal use. Would the determination be made by a person's declaration, or at time that insurance is purchased?
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The Bill contains a formulation for credit for sales tax paid on food. Members of the Committee asked for clarification on the procedure of handling the roll-over of this credit to the following year.
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Homestead exemptions were also addressed. Legislators asked questions on the handling of perpetual gifts in regards to the homestead exemption and "cautioned against the creation of a generational tax."
The Subcommittee plans to meet tomorrow at 1:00 p.m., with the Department of Revenue in attendance.
We have more much more legislation to report on tomorrow, regarding dog fighting, collection of motor fuel taxes and local government powers, such as the powers of the DeKalb County CEO.
Please contact Stanley S. Jones, Jr. or Helen Sloat at 404-817-6000 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.