January 17, 2008
Relatively Quiet Day Around the Capitol
Today was relatively quiet around the halls of the Capitol. The House quickly finished its business, with little discussion on legislation taking place. Meanwhile, the Senate was working hard on creating a compromise between property owners' rights and the rights of individuals to bear arms. More on that discussion is noted below. Otherwise, there were several displays around the second floor on Georgia's hunting grounds. There were some meetings late in the day concerning ways to broker a deal on Georgia's "Certificate of Need Laws." Tomorrow, Lawmakers return to their respective Chambers at 9:00 a.m. to get work done for Day 5 of the Legislative Session.
Floor News
Senate
The Senate held a heated debated today on Rep. Bearden's (R-Villa Rica) "gun bill." The watered down version of the Bill still caused concern for property owner's rights. Four amendments were offered to the Bill. The first amendment was offered by Sen. Adelman (D-Atlanta) would allow lessees to decide their firearms policy as well as property owners. This amendment drew many questions on the matter of landlord versus tenant's rights. The amendment was lost. Sen. Jones (D-Ellenwood) offered amendment two, which would add the word "employee" between employer and property owner on line 5 of page 6. This amendment was also lost. Sen. Reed (D-Atlanta) offered the third amendment that would require the judge to within five business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System, instead of the two business days. This amendment was also lost on the floor. Sen. Jones offered the final amendment, which would insert customers, employer's agents, contract worker, vendors, suppliers between the words employer and property owner on line 5 of page 6, line 16 of page 6 and line 18 of page 6, line 20 of page 6, line 22 of page 6 and line 23 of page 6. Amendment four was also lost. The Bill passed the Senate as the Rules Committee substitute.
New Legislation
SB 353 – Sen. Shafer (R-Duluth) offered the following amendment to Article 4 of Chapter 7 of Title 31, which would enact the "Public Hospital Integrity Act." The new code section provides that certain individuals cannot serve on a hospital authority board or a nonprofit organization managing a hospital on behalf of a hospital authority. Such individuals would include; immediate family members, employees, directors or contractors of a major vendor of the public hospital.
SB 354 - Sen. Carter (R-Tifton) offers an amendment to O.C.G.A. § 40-6-393, relating to homicide by vehicle, so as to provide another basis for first degree vehicular homicide; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 355 – An amendment offered by Sen. Smith (R-Rome), that would amend Article 1 of Chapter 14 of Title 44 of O.C.G.A. This amendment provides for the disbursement of certain settlement funds after closing even though the funds are not collected funds, lenders shall provide loan funds in the form of collected funds at or prior to closing. Under the new language a check will constitute as collected funds in the settlement agent's escrow account with in a reasonable period.
SR 721 – Sen. Rogers (R-Woodstock) offered this Constitutional Amendment prohibiting the courts from ordering the General Assembly to pass laws, including laws to create or increase taxes or appropriations. Further it proposes to reaffirm that the power of appropriation of State revenues is reserved exclusively to the General Assembly. The Resolution, which amends Article VI and creates a new Section XI, also includes a limitation on the power of the courts on matters involving appropriation of public money.
SR 722 – Sen. Shafer (R-Duluth) offered the following Resolution, which would create the Grady Oversight Committee. This Committee would be composed of three members of the Senate and three members of the House. The Committee would have the authority to review the operations, finances, organization, and structure of the Fulton-DeKalb Hospital Authority. In addition, the state auditor and the Attorney General would make available their staffs, facilities and powers in order to assist the committee. The following criteria shall be examined:
- Public Safety
- Prudent, legal, and accountable expenditure of public funds
- Responsiveness to community needs and community desires
- Economic Vitality of the health system and economic benefits to the community
- Efficient operation
- Impact on the health care delivery system of the metropolitan Atlanta area and the State of Georgia.
HB 957 – Rep. Stephens (R-Savannah) offered this amendment to O.C.G.A. § 48-8-3(85)(E) to extend the sunset or termination date of the sales and use tax exemption for certain qualified nonprofit job raining organizations moving the date from July 1, 2008 to July 1, 2010.
HB 965 – Rep. Fludd (D-Fayetteville) introduced changes in Chapter 8 of Title 12 concerning waste management. The initiative proposes several changes to current law including:
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Duties of the Environmental Protection Division Director, relating to solid waste management, to also establish and implement a program to follow up and ensure that correction action is taken regarding any violations (concerning any permits or orders which have been issued)
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Provisions that the Director is to establish and implement a program of regular inspections of facilities (for solid waste management)
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Any facility which has been subject to an order from the Division must cease operation unless and until any corrective action is taken
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No stay of any enforcement action shall be issued or granted pending a hearing or judicial review
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Minimum civil penalties are established for violations relating to solid waste (not less than $250 for an initial violation for instance)
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New definitions for the term "hazardous constituent" and "hazardous waste"
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New minimum civil penalties for hazardous waste management ($2,500 per day)
HB 970 – Rep. Collins (R-Gainesville) offered the following amendment to O.C.G.A. § 31-712 and O.C.G.A. § 37-1-20. This amendment provides for the revision of the definition of personal care homes. This revision would exclude host homes from this definition. Host homes would be defined as, for persons whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities and Addictive Diseases of the Department of Human Resources. Furthermore a host home means a private residence in a residential area in which the occupant owner or lessee provides housing and provides for food, one or more personal services, supports, care, or treatment exclusively for one or tow persons who are not related to the occupant by blood or marriage. The owner or lessee shall not be an employee of a community provider or the guardian of any person nor the agent in such person' advance directive for health care.
HB 971 - Rep. Bridges (R-Cleveland) offers an amendment to Chapter 5 of Title 40 of O.C.G.A, relating to drivers license s, so as to provide that a driver's license issued to an alien illegally present in the United States shall not be recognized as valid in the State of Georgia; to provide a definition; to provide that an illegal alien who displays a driver's license issued by another state to a law enforcement officer as authorization to drive a motor vehicle in this state shall commit a misdemeanor offense; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The amendment also reads that provided, however, that any record received from another state documenting the issuance of a driver's license to an illegal alien or otherwise purporting to authorize an illegal alien to drive a motor vehicle shall not be recognized or given any force or effect in the State of Georgia.
HB 973 – An amendment to Article 2 of Chapter 5 of Title 46 of O.C.G.A. has been offered by Rep. Geisinger (R-Roswell), known as the "Georgia Trauma Hospital Support Act of 2008." This amendment would require that all cell phone service providers collect a $1 fee every month to fund the state wide trauma system. In the case of disposable wireless telecommunications devices a charge of 10 percent of the retail price of the disposable wireless telecommunications device will be charged.
HR 1036 – Rep. Stephens (R-Savannah) proposed a Constitutional Amendment providing for the dedication and deposit of revenues from specified sources for the purpose of funding a Trauma Care Trust Fund. The moneys in this Fund will be used for the exclusive support of a statewide network to ensure all Georgians have access to lifesaving trauma care, in the event of a life-threatening injury. Contributions and revenues deposited in the Fund will not be subject to the lapsing provisions of the Constitution. This Amendment would be inserted in Article III, Section IX, Paragraph VI at subparagraph (o).
HR 1041 – A companion Resolution, HR 1041, to HB 973 offered by Rep. Geisinger (R-Roswell), would provide for a Constitutional amendment that would allow the General Assembly to provide by law for the imposition and collection of charges to telephone subscribers in this state for the purpose of funding any and all cost of providing uninsured trauma services by all public and private hospitals and medical facilities. The monies appropriated for this purpose shall not lapse.
Committee News
House Judiciary- Civil Committee
The House Judiciary Civil Committee held an organizational meeting today to reassign recommitted bills to subcommittees. The following bills will receive hearings when the General Assembly reconvenes after appropriations hearings next week; HB 188, SB 113, HB 283, HB 515, SB 88, HB 292, and HB 422. HB 579 and HB 940 were both recommitted to subcommittee number two.
House Ways and Means Committee
The House Ways and Means Committee met this afternoon, taking up several bills which were "first read" and assigned to subcommittees:
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HB 823 – Rep. Amerson's (R-Dahlonega) bill has been assigned to the Ad Valorem Subcommittee.
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HB 938 – Rep. Ehrhart's proposal deals with franchise fees on utility bills and he has proposed that a referendum must be required for such fees to be collected (as a means of making the fees "transparent"). He has concerns that 45% of these fees are paid by individuals in unincorporated areas to municipalities yet those individuals have no representation or benefit from the fees. This initiative will be heard by the Tax Reform Subcommittee.
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HB 948 – Rep. Lynn Smith's (R-Newnan) Sales Tax Holiday (for back-to-school and for energy-efficient products) was assigned to the Sales Tax Subcommittee.
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HB 826 – Rep. Maddox's (R-Cairo) proposal for a tax credit to volunteer firefighters of $1,000 on an annual basis was assigned to the Income Tax Subcommittee.
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HB 831 – Rep. Setzler's (R-Ackworth) bill concerning leveraging of tax credits for charter schools was assigned to the Income Tax Subcommittee.
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HB 878 – Rep. Crawford's (D-Cedartown) bill eliminating the $4,000 cap on earned income was assigned to the Income Tax Subcommittee.
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HR 1031 – Rep. Powell's (D-Hartwell) proposal freezing property values based on the 2002 tax digest was assigned to the Ad Valorem Tax Subcommittee.
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HR 1013 – Rep. Levitas' (D-Atlanta) bill proposing a Constitutional Amendment relating to the removal of the "local freezes" concerning property tax was assigned to the Tax Reform Subcommittee.
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HR 914 – Rep. Davis' (R-McDonough) bill on pre-paid sales tax on motor fuel taxes was assigned to the Sales Tax Subcommittee.
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HB 929 – Rep. Davis' (R-McDonough) bill also dealing with motor fuel taxes concerning where it will be levied was also discussed along with HB 928 and both went to Public Finance Subcommittee.
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HB 851 – Rep. Peake's (R-Macon) proposal concerning increased tax credits for homes which are rehabilitated in historic areas was sent to the Income Tax Subcommittee. This raises the amount from 10% to 25%.
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HR 956 – Rep. Graves' (R-Ranger) bill dealing with "spending limits" was assigned to the Tax Reform Subcommittee.
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HB 926 – Rep. O'Neal's (R-Warner Robins) "omnibus" tax bill for 2008 updating Georgia's tax code to the federal law was assigned to the Tax Reform Subcommittee.
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.