Nelson Mullins Riley & Scarborough

Greetings from the Gold Dome!  While bands played, both the House and Senate managed to get some work done today.   Committee hearings also ran late this afternoon.

 

Around mid-day, Governor Perdue announced the filing of SB 449, his Landowners' Protection Act of 2008.  The initiative is being carried by one of his Floor Leaders, Sen. Bill Heath (R-Bremen).  The Bill will limit liability for landowners who permit hunters, as well as agritourists, to enter their property and protects the Georgia landowners from being sued if an accident arises during the time that individuals may be hunting on the property or when they might be visiting the property.  The Bill does require the property owners to be responsible for any gross negligence and be held accountable if the property owners place individuals in danger.

 

More on the day's activities is included in the Report below.

 

 

The Senate moved quickly through the calendar today. HB 387 cleans up language regarding Georgia Day. This Legislation, which observes Georgia Day as February 12 annually, passed off of the Senate Floor today.

 

SB 344 also passed the Senate today. This Legislation simply repeals and abolishes certain Boards and Commissions that have become inactive, obsolete. and unnecessary.

 

SB 351, which creates the Joint Statewide Water Planning Oversight Committee, passed the Senate as well.

 

SB 367 provides for an automatic repeal of the Georgia Coastal Management Act. This Legislation passed the Senate 53 to zero.

 

SB 388, which is the Governor's Identity Fraud legislation, passed the Senate 53 to zero. This Bill would allow the Georgia Bureau of Investigation to investigate certain instances of identity fraud.

 

SR 686 would freeze property tax values at the time of the acquisition of such property, and SR 686 passed 53 to zero.

 

SR 796 allows for a valuation freeze of real property except for certain adjustments. Any improvements or additions to such property after December 31, 2007 will be included on the 2008 valuation amount. SR 796 also passed the Senate 48 to 7.

 

 

The House discussed and voted on the following Bills today:

Rep. Harbin (R-Evans) announced that, in Budget news, the House is spending less today than it was in 1996.  More Information will be released.

 

 

The Rules Committee met today to discuss several House Bills which included:

 

HB 579 offered by Rep. Scott (R-Tifton) would put assessment of certain storage charges on certain manufactured or mobile homes by real property owners in place.  This Bill was discussed at a recent Rules Committee meeting and now has been passed through the Committee.

 

HB 953 offered by Rep. Hill (R-Kingsland).  This Bill would set forth a Bicentennial Commission to study the War of 1812.  This Bill was passed through the Committee.

 

HB 962 offered by Rep. Freeman (R-Macon) would amend an existing law relating to local boards of education.  This Bill would require notification to the superintendent of budget deficits or irregularities within three business days. This Bill is being held until further research.

 

HB 920 offered by Rep. Hembree (R-Winston) is a Hope Scholarship Bill.  Due to the change in recent law, students in Georgia have not been qualifying for the grant because of higher standards.  This Bill would encourage students to do better on the end of year exams in order to meet requirements for Hope Scholarship.  This Bill was passed through the Committee under modified structure.

 

HB 1111 offered by Rep. Floyd (R-Cordele) would amend Chapter 5 of Title 40 and would change the minimum age to be licensed.  School attendance would be required as well as a driving training course would be mandatory to get a license.  This Bill passed through the Committee.

 

HB 1041 offered by Rep. Cooper (R-Marietta) is known as the Georgia Registered Professional Nurse Practice Act.  This Bill would require for nurse licensure applicants to have a full background check, including fingerprint record checks.  This Bill passed through the Committee

 

HB 1042 offered by Rep. Cooper (R-Marietta) would prevent pharmacists in having a choice as to what prescription drug they choose to substitute a patient in the event that they are out of the suggested orders.  This Bill applies most importantly to patients who are undergoing immunosuppressive therapy to prevent transplant rejection. This Bill is being held for further research and discussion.

 

 

The Subcommittee met today to discuss the following legislation:

 

HR 1206 offered by Rep. Geisinger (R-Roswell) would correct the boundary line at the 35^th parallel and specifically would create a Georgia, North Carolina, and Tennessee Boundary Line Commission to look at this boundary line.  Due to the flawed 1818 survey, the result leaves the Georgia Tennessee boundary South of where it should be.  If the line were in place, Georgia would have access to the Tennessee River and would, therefore, have the necessary resources for water. Presently, Tennessee is able to pull in over twenty-four billions of water a day.  This Bill would help relieve some of Georgia's water problem.  This Resolution passed through the Subcommittee.

 

HB 640 offered by Rep. Benton (R-Jefferson) proposes to protect entities private property including flags, statues and monuments.  Due to confusion and redundancy in the Bill, the Subcommittee decided to wait to take action on the Bill until legal counsel could correct errors.

The Subcommittee met today to review the FY 2008 Budget.  Representatives from the Student Finance Commission testified today on the Governor's Budget.  They are expecting an increase in student enrollment requiring at least $6.8 million dollars.  The Governor's projected Budget, per testimony, is based on out-of-date information that is behind by two years.  The Subcommittee was in agreement with the speaker and will meet again to discuss this issue further.

 

The Committee passed out the Committee Substitute to SB 358, the Uniform Securities Act, unanimously. No discussion took place on the Bill, which re-writes Georgia's Securities Law, during the Committee as all parties had addressed their issues and concerns pertaining to the Legislation in the Committee Substitute version of the Bill.

 

The Subcommittee heard testimony from attached agencies to the Department of Human Resources on the Amended FY 2008 and the FY 2009 Budget.

 

The Executive Director for the Georgia Council for the Hearing Impaired requested $189,000 to open an office in Southwest Georgia. Currently, the Council has offices in Augusta, Rome, Macon and Hinesville, and serves 94,000 people with hearing loss.

 

Nellie Duke, with the Georgia Commission on Women, requested $144,000 to cover the Commission's annual budget. The Commission serves to advance the health, education, social and legal status of women in Georgia. Women transitioning from prison to employment are assisted by the Commission. Health fairs for women and children are also conducted all over the State with the assistance of the Commission.

 

 The Children's Trust Fund Commission had no additional budget requests.

 

The Sexual Offenders Review Board asked for funds to cover the staff needed to review the 15,000 sexual offenders in Georgia. The Board is currently facing a backlog, due to lack of staff.

 

The Council on Aging requested one-time funding of $200,000 to conduct a review of preparedness on the impending "wave" of older citizens. This review would be required by SB 341 if it passes the Legislature this Session.

 

Sam Crech, a disabled individual, who relies on assistive technology to conduct daily activities independently, asked for the restoration of $30,000 for the "Reboot" program. "Reboot," is a recycling program for used computer equipment.

 

Dr.  Dennis Ashley, the Chairman of the Trauma Commission, informed the Subcommittee that the Commission is currently looking at how to develop rules, regulations and funding for a trauma system in Georgia.  Current funding for trauma care is $53 million in the FY 2008 Supplemental Budget and there must be a creative solution to provide funding moving forward.

 

Normer Adams, with the Georgia Association of Homes and Services for Children, asked the Subcommittee for support of the Governor's Budget recommendations for FY 2009 (for foster care children).

 

Judy Gill, with the Georgia Association of Community Care Providers, requested that the Subcommittee support a 7 percent increase for Medicaid Waiver services.

 

Dewayne Hathaway, the Executive Director for Georgia CASA, asked the Subcommittee for an increase of $529,000 in the FY 2009 Budget, to help provide for more CASA volunteers.

 

Kim Reardon, with the Matthew Reardon Center, requested a restoration of $200,000. The dollars were redirected to the general budget of the Department in the FY 2008 Budget. These funds were then placed out for bid, and the Center did not meet the criteria in the request to apply for the funding.

 

The Georgia Coalition against Domestic Violence asked the Subcommittee for $2.1 million in order to fund 46 shelters that are currently certified by the Department of Human Resources.

 

Kathy Colbenson, with CHRIS Kids, presented the Subcommittee with the model program that CHRIS Kids is pioneering in Atlanta. The program will provide a home for children aging out of foster care that are without family or have mental health problems. CHRIS Kids has purchased an apartment complex for these kids to live in, with 24-hour on-site support. The program would allow the children to transition out of foster care and allow them the resources to learn how to live on their own. CHRIS Kids requested funding to support this project.

 

Maketa Hamilton, with the Georgia Empowerment Group, requested the Subcommittee to support funding of $1.6 million to assist children who age out of foster care with health benefits. Currently, when a youth signs themselves out of foster care at the age of 18 they loose all health benefits under Medicaid. The Federal Government would match the State's funding with a 60 percent match.

 

MAAC, the Multi-Agency Alliance of Children comprised of seven non-profit agencies that provide a full continuum of youth services, asked the Subcommittee to support the DHR request of $39 million. This funding is needed to pay for room, board and watchful oversight.

 

 

This afternoon, Rep. Hembree (R-Winston) chaired a meeting to discuss a couple of bills.  The Subcommittee passed out Rep. Knox's (R-Cumming) proposal amending group life insurance changes relating to annuities and exposure for actions by creditors (based on legislation passed in 2007).  This initiative, HB 864, also no longer requires 75% participation in group life policies for companies to provide such policies.  There was no testimony for or against the proposal.

 

Rep. Rogers (R-Gainesville) presented Department of Insurance Commissioner Oxendine's Bill on proposing rate filings for health insurance products.  His proposal also would change the definition of "small group" from 2 to 50 which is current law, to 1 to 99.  Commissioner Oxendine was also on hand this afternoon to talk about his ideas, which he believes would help address the costs of health insurance as well as provide more opportunities for folks to get health insurance coverage.  Commissioner Oxendine stated that behind water, transportation and tax reform issues, healthcare was the most discussed matter under the Gold Dome.

 

Two individuals presented testimony on their difficulties with obtaining health insurance for themselves and their families, reciting the costs that each incurred to obtain such coverage.  One claimed his increases were 25% annually.  Both were seeking affordable health insurance coverage.

 

Kirk McGhee, with the Georgia Association of Health Plans, produced a few theatrics in his presentation – including various props.  Mr. McGhee showed the Committee, the volume of law which governs insurance businesses by way of producing the Insurance Code and book of regulations.  Mr. McGhee stated that while there was pressure to do something about healthcare, this idea was not what was needed.  He further testified that the reform of the health rates in Kentucky only drove 45 companies out of the state where each refused to do business there after rate reform.  Mr. McGhee stated that price controls "don't work."  Healthcare costs are driven, per Consumer Reports, by hospitals, doctors and drug companies.  Hospitals are also paid at 85% of their costs which cause shifts to the private market to pay for those costs.  Mr. McGhee stated that the market has not been permitted to work because of amount of regulation – he noted specifically that Georgia's law also has requirements on how large the font must be on a printed insurance policy.  Insurance companies are not operating in "darkness" and are regularly examined by the Department (those examiners must be paid for by the companies).  The Commissioner is understaffed and under-funded, now and this Bill would only make matters worse within the Department and slow down competition.  Mr. McGhee also stated that "one" is not a group, and this Bill goes against the federal law.  Mr. McGhee stated that business groups of one raise the base rate by 7.5%.  He acknowledged high-risk pool is a good idea, but it depends on how it is funded.  Mr. McGhee also noted that insurance companies select which markets they wish to participate in – in this Bill, it would require entities writing in the group market to also write policies in the individual market.  These insurance companies invest millions of dollars to compete; many are good at what they do presently and this just Bill adds additional requirements to them.

 

The Medical Association of Georgia supports this Bill as Georgia needs insurance reform and believes that HB 923 is an answer for the uninsured.

 

The Georgia Association of Health Underwriters' State Governmental Affairs Director, Michael Wardrip, argued both sides of HB 923.  His group is split on whether it should support the measure or not.  For instance, they do not support the individual mandates proposed.   However, his organization does support the minimum standard definition for major medical policies.

 

Ellen Williams, on behalf of the American Cancer Society, rose to support the proposal on behalf of her client.  However, she asked that, if HB 923 moved forward, an amendment needed to be made to assure that cancer screenings be included in any products sold.

 

Rep. Meadows (R-Calhoun) went to the podium this afternoon on this Bill – not as a Representative but as an insurance salesman.  He stated that this Bill would not work.  Rates are dependent on the number of claims.  He acknowledged that part of the problem is the number of uninsured – many of which are young adults.

 

The Subcommittee did not hear everyone's testimony on HB 923 and will hear more on the Bill next week.

 

HB 544, which was also on the Subcommittee's agenda, was postponed.

 

This Subcommittee met this afternoon and discussed a couple of ideas.  HB 602, which would address conflicts of interests in sales of products to schools by a school board member and his or her company passed.  Rep. Cole (R-Forsyth) authored HB 602 which garnered some support from the Georgia School Board Association.  There were some questions on what amounts of sales were "reasonable" and it is likely that additional language will be added to the proposal when it reaches the full Education Committee.

 

Rep. Bruce (D-Atlanta) presented his Bill, HB 924, on providing down time for teachers through a duty-free lunch for grades K-12.  This duty-free lunch is being offered in some schools across the State but not all; some are finding ways to accomplish this at the local level using other staff or other funds to pay extra staff.  There was a lot of discussion on this proposal, including support from Georgia Association of Educators and PAGE.  Some Lawmakers feared that the Bill's passage would include an unfunded mandate to school systems.  In an effort not to "kill" the legislation, a Subcommittee of this Subcommittee will work on language in effort to make something which will work and still provide teachers an opportunity for a duty-free lunch without taking away their planning time.

 

 

Sen. Thomas (R-Dalton) chaired his Committee's meeting this afternoon.  While several Bills were on the Committee's agenda, not all were addressed due to some time constraints. 

 

SB 341, the Bill by Sen. Hawkins (R-Gainesville) which would address coordination of services to Georgia's citizens who are elderly or disabled, passed.  The Council on Aging rose in support of the proposal as Georgia, which has a current population of approximately 8.6 million will likely have a population of 11.5 million by the year 2020.  Of those individuals, by the year 2020, there will be 1,495,000 over the age of sixty-five.  Sen. Hawkins is attempting to better coordinate both State and federal funding and provision of services for needs of the elderly by creating Project 2020: Georgia for a Lifetime, an Advisory Committee on the aging, to look at policy issues such as transportation, health, employment, caregiving, volunteerism, etc. for these elderly individuals. SB 341 passed without any discussion or changes.

 

SB 402, presented by its author Sen. Williams (R-Lyons), also was passed.  His Bill addresses the dysfunction in transportation funding in Georgia.  Currently, transportation dollars which serve the needs of Georgia's citizens for transportation are parceled out to five agencies.  After some discussion, the initiative passed without changes.

 

SB 363, by Sen. Hawkins (R-Gainesville), proposed to address some concerns raised by the Georgia Dental Association and Georgia Board of Dentistry.  There was a lot of discussion on what the definition changes, which were proposed to be changed throughout the chapter in the Code, would do as well as what types of programs could satisfy educational requirements for dentists wishing to teach (using two post graduate years for operative or general dentistry).  Amendments are to be made to the Bill, and it will be brought back before the Committee on its Thursday meeting (February 14). 

 

Sen. Grant (R-Milledgeville) presented SB 423 which he claimed would restore the relationship between a physician and the patient.  It would prohibit "the use of prior authorization or other restrictions on certain medications prescribed for patients receiving treatment for certain mental illnesses under a Medicaid fee for service program."  Sen. Smith (R-Rome) feared that this Bill established two types of healthcare systems in Georgia and asked that the language be stricken which limits such prohibitions for prior authorizations just to Medicaid fee-for-service patients.  Jerry Dubberly, the Director of Pharmacy at the Department of Community Health, testified that there were five anti-psychotic drugs which were accessible to patients now; there were two drugs where no formulation was possible.  Dr. Dubberly stated that prior authorization calls were taken personally and handled within five minutes.  The Department had tracked information concerning emergency room usage, physician visits, and other data when prior authorization was implemented.  Dr. Dubberly also noted that there were few predictors of success for these drugs.  These pharmaceuticals could cost in the range of $700 per member per month or a total of $21.3 million more in funding, if this Bill were passed.  Thus, the Department, which oversees Medicaid, was opposed to the Bill.   A psychiatrist testified at the hearing today about why prior authorization was difficult for patients and physicians; physicians are making prescriptions for patients with a reason and it is not done on a trial and error basis to determine if a drug will work for a patient.  The physician also stated that compliance with drug therapy is a huge issue and he supported the Bill.  Sen. Smith tried to amend the Bill stripping out the limit to the proposal to just the Medicaid fee-for-service patients; his amendment was rejected by way of a substitute motion to pass the legislation which carried.

 

 

SB 446 – Sen. Powell (R-Blythe) offered this initiative adding a new Code Section at O.C.G.A. § 40-6-317 regarding operation of motor cycles in intersections which are controlled by traffic-control signals utilizing a vehicle detection device which becomes inoperative because of the size of the motorcycle.  It would require that the motorcycle come to a complete stop in response to a red light and wait a reasonable time (not less than 20 seconds) for the signal to detect the motorcycle; then the motorcycle may proceed with due caution when it is safe.  A driver of any vehicle approaching that intersection which lawfully may enter the intersection will have the right-of-way over the motorcycle operator proceeding through a red light.  Failure to adhere can cause a violation of failure to yield the right-of-way, following too closely or driving too fast for conditions.

 

SB 453 – Sen. Unterman (R-Buford) authored this amendment to O.C.G.A. § 16-13-32.5 concerning the regulation of controlled substances. Her idea would add the State as an entity which is authorized to govern certain criminal activity in areas designated for recreation purposes – making it unlawful to conduct such illegal activity within 1,000 feet of any real property used as a State park.

 

SB 454 – Sen. Unterman (R-Buford) also proposed this Bill amending O.C.G.A. § 3-3-7(n) to permit that any county in which the Sunday sale of alcohol beverages is authorized may also authorize the sale of alcoholic beverages in public stadiums, coliseums, and auditoriums (those with seating capacity of more than 2,500 persons). Current law provides that a municipality may permit such by an adoption of an ordinance, but this Bill permits the county to do so as well.  It would only permit such sales on Sunday between the hours of 12:30 p.m. and midnight.

 

SB 457 – Sen. Butler (D-Stone Mountain) authored this Bill in Chapter 3 of Title 35.  Among its provisions includes the establishment of the Georgia MethCheck Database for electronically recording the identity of persons purchasing certain medications used for the production of methamphetamine, including pseudoephedrine (such as Sudafed ®).  This electronic recording would be made at pharmacies and is intended to limit the number of purchases made by individuals who travel from pharmacy to pharmacy to buy such products.  Persons buying the products are required to be 18 years or older and must produce valid photographic identification as well as sign a written or electronic log or receipt documenting the date of the transaction, the name of the person, and the quantity of the drug purchased.  Violations, upon convictions, are misdemeanors and each separate transaction for which required records are not generated constitute a separate offense.  Real-time access would be permitted to the electronic system and would be provided by the Georgia Crime Information Center.  The legislation also outlines who can access this information.

 

SB 458 – Sen. Johnson (R-Savannah) offered changes to Title 20 to require that local school systems and schools be accredited.  Should the school fail or lose the accreditation (from the Southern Association of Colleges and Schools or the Georgia Accrediting Commission), then any student is entitled to attend another public school or receive a scholarship to attend a private school.  The Bill requires notice to be provided to parents if the school is placed on probation by the accrediting agency. Further, it states that if a school system or a school which is not accredited as of the effective date of this Bill fails to attain such accreditation no later than two years after the effective date of this Act, it shall provide notice no later than 30 days after the expiration of such two-year period to the parent of each student within the school system or school, as appropriation, of such failure and available options.  The same holds true for new schools which are opened and fail to achieve accreditation.  Students may attend such public school until he or she completes all grades of the school, graduates, or reaches the age of 20 (whichever occurs first).  The legislation outlines how participating students are counted, in terms of enrollment, and it requires the local school system to submit quarterly reports to the Department on dates established by the Department stating the number of participating students in the resident school system (which is the public school system in which the student would be enrolled based on his or her residence).

 

SB 459 – Sen. Reed (D-Atlanta) offered this proposal in O.C.G.A. § 44-14-162 to provide that real estate sales under power of sale contained in mortgages, deeds or other lien contracts must be advertised weekly for ten weeks (current law is silent on the length of time for this advertisement).

 

SR 859 – Sen. Rogers (R-Woodstock) proposed a Constitutional Amendment in Article VII, Section I, Paragraph II.  It would repeal the levy of State ad valorem taxes except in case of an emergency.  The repeal would not apply to the assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments or administrative functions with respect to local ad valorem taxation pursuant to any general law.

 

HB 1139 – Rep. Smith (R-Pine Mountain) proposed changes to Chapter 8 and 13 of Title 48 to implement a 1% increase in the statewide sales and use taxes to be used for transportation (it does not exempt motor fuels from such increase in the statewide sales and use taxes).  It also proposes to reflect the 1% increase in sales and use taxes and provide for its distribution.  It is declared in the "intent" that the 1% of the "amount of sales and use tax raised from sales of motor fuel, as provided by Article III, Section IX, Paragraph VI (b.1) of the Constitution shall be used to fund the Local Assistance Road Program and the State Funds Road Construction Program."  Such changes would require ratification of a Resolution at the November 2008 statewide general election to amend the State's Constitution.

 

HB 1149 – Rep. Knight (R-Griffin) offered a change to O.C.G.A. § 48-7-101 concerning the withholding requirements for income tax.  It authorizes certain elections pertaining to lump sum distributions (from a pension, annuity, or similar fund).  The election for this withholding would remain in effect until revoked by the payee.

 

HB 1150 – Rep. Knight (R-Griffin) also authored this proposal to O.C.G.A. § 48-7-100 regarding definitions relating to current income tax payment.  It defines the terms "distribution credited" and "distribution paid."  The "distribution credited" is a new definition which means "a recognition or assignment of interest in proceeds or property of a partnership, Subchapter S corporation, or limited liability company, including a net distributive share of income which is passed through to members and which may be subject to Georgia income tax."

 

HB 1151 – Rep. Knight (R-Griffin) also proposed these changes to Titles 16 and 48 relating to crimes and offenses relating to revenue and taxation.   It alters provisions in current law relating to raffle operations by nonprofit, tax-exempt organizations.  There are additional changes made to "bingo" definitions and licensing procedures.  Presently, a determination letter from the Georgia Department of Revenue is issued certifying that the applicant is exempt under the tax laws of this state.  This requires a "statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25."

 

HB 1152 – Rep. Knight (R-Griffin) dropped this Bill to amend O.C.G.A. § 48-7-29.5(d) relating to the tax credits provided for private driver education courses. It now requires:

 

No credit shall be allowed under this Code section unless the taxpayer has obtained written proof of the successful completion of the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course.

 

HB 1153 – Rep. Knight (R-Griffin) proposed this change to O.C.G.A. § 48-7-27 regarding the computation of taxable net income, changing requirements pertaining to "consent agreements"  by Subchapter S corporations and requires such a consent agreement for each shareholder be filed by the corporation with its corporate tax return in the year that the Subchapter S corporation is first required to file such a tax return. For those Subchapter S corporations in existence prior to January 1, 2008, the consent agreement must be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2008.

 

HB 1154 – Rep. Knight's (R-Griffin) proposal for O.C.G.A. § 48-7-54 (currently a "Reserved" Code Section) reads:

 

The commissioner may require any nonindividual taxpayer to electronically file any return, report, or other document required to be filed by this chapter when the federal counterpart of such return, report, or other document is required to be filed electronically pursuant to the Internal Revenue Coe of 1986 or Internal Revenue Service regulations.  The commissioner shall be authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section.

 

HB 1157 – Rep. Scott (R-Tifton) authored this proposal for O.C.G.A. § 48-7-27 concerning the computation of taxable net income for State income tax purposes.  It would increase the limitation on the amount of earned income allowance for retirement income.  Current law permits no more than $4,000 in individual earned income; this Bill proposes to raise the amount to $16,000.00.

 

HB 1158 – Rep. Stephens (R-Savannah) authored this proposal concerning the Georgia Trauma Care Network Commission in Chapter 11 of Title 31.  The Bill also amends Chapter 2 of Title 40 to impose a charge of $10 per year on each passenger vehicle licensed and registered in Georgia in an effort to fund the Georgia Trauma Trust Fund.  It defines "passenger vehicle" as "every motor vehicle designed to carry ten or fewer passengers and that is used for the transportation of persons and shall include pickup trucks, motorcycles, sport utility vehicles, and passenger vans."  These fees would be collected by tag agents. If passed and signed into law, this additional fee requirement would become effective on January 1, 2009.

 

HB 1159 – Rep. Lunsford (R-McDonough) dropped this Code Section for O.C.G.A. § 48-7-29.13 to provide for an income tax credit with respect to the adoption for a qualified foster child.  "Qualified foster child" means a foster child who is less than 18 years of age and who is in a foster home or otherwise in the foster care system under the Division of Family and Children Services of the Department of Human Resources." The credit is $2,000.00 per qualified child per taxable year commencing with the year in which the adoption becomes final and ending in the year in which the adopted child attains the age of 18.

 

HB 1161 – Rep. Chambers (R-Atlanta) proposed a change by adding a new Code Section at O.C.G.A. § 50-4-8 to require that each Department, commission, authority and agency of the executive branch of State government provide certain financial reports on an annual basis to the General Assembly. These reports would be required to be submitted on or before September 30 of each year and would outline tax revenues and operating revenues received by the agency or department during the immediately preceding fiscal year; listing of expenditures for that year; and list of all written contracts entered into by that agency or department which require the agency or department to expend in the aggregate of more than $50,000.00.  A public website would be created so that the public could search that information on expenditures of State funds.

 

HB 1165 – Rep. Fleming (R-Harlem) authored this idea in Chapter 2 of Title 40 to provide for reciprocity agreements between states desiring to issue special license plates recognizing institutions of higher education or affiliated athletic programs or logos located outside the borders of the issuing state.

 

HB 1168 – Rep. O'Neal (R-Bonaire) authored changes to Georgia's motel-hotel taxes in O.C.G.A. § 48-13-51(a)(4) to change provisions on how the tax is levied, collected and how the proceeds are expended from that tax (including the promotion of tourism, conventions and trade shows).

 

HB 1169 – Rep. Morgan (D-Austell) authored this proposal redefining the term "day-care center" in O.C.G.A. § 20-1A-2(4).  It would exclude private schools which provide kindergarten through grade 12 education from regulation as day-care centers when it meets the requirements in O.C.G.A. § 20-2-690 and is accredited by the Southern Association of Colleges and Schools and provides care before, after, or both before and after the customary school day to its students as an auxiliary service to such students during the regular school year only.

 

HB 1170 – Rep. Cox (R-Lilburn) offered an amendment to O.C.G.A. § 20-3-86, providing that the amount of revenue from tuition shall not lapse under this Code Section. This amount shall not exceed three percent of the tuition collected.

 

HB 1171 – Rep. Ralston (R- Blue Ridge) proposed an amendment to Title 16. This amendment provides that any person twice convicted of trafficking offenses will be punished by life imprisonment.

 

HB 1173 – Rep. Murphy (D-Augusta) offered an amendment to O.C.G.A. § 48-7-27. This change exempts any funds paid to a taxpayer from any governmental agency or nonprofit organization or through a trust account, gift, grant, fund scholarship or other compensation for the death of an immediate family member from income taxes.

 

HB 1174 – Rep. Willard (R-Sandy Springs) proposed an amendment to Title 20, relating to the termination, suspension, non-renewal, demotion, or reprimand of teachers or other school personnel. Hearings for such dismissal shall be conducted by the local school board, or by a tribunal designated by the local board, of no less than three impartial persons from another school district. If the employee prevails in such a hearing, then the person shall be entitled to recover attorney's fees.

 

HB 1175 – Rep. Williams (R-Dalton) proposed an amendment to Title 21 requiring that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registration. If this Legislation is signed into law, it would become effective July 1, 2008.

 

HB 1177 – Rep. Manning (R-Marietta) offered changes to Georgia's newborn screenings in O.C.G.A. §31-3-3.2.  It proposes to require a hearing screening for all newborns so that early detection of hearing loss in a child and early intervention and treatment can be effective in facilitating a child's health development. Such screening would be required to occur on and after July 1, 2008 (if the Bill is passed and signed into law).  It also requires that every licensed or certified hospital and physician would be required to educate the parents of newborns born in hospitals of the necessity of the screenings and follow-up care.   In current law, it requires an Advisory Committee on hearing in newborn infants to make a determination which hospitals or other healthcare providers are ordering and administering newborn hearing screenings to infants; this language is stricken and it also strikes the current law which requires a report to be prepared, subject to appropriation.  It permits the Department to advise and assist hospitals and physicians concerning the conditions and procedures under which a parent or guardian of a child may object to or exempt the child from these screenings for any religious reasons.  The Department is also authorized in this legislation to establish and adjust any fees for these screenings to help defray or meet the costs incurred by the Department.  The fees, however, cannot exceed the costs (both direct and indirect) for providing these screenings.  Any fees paid will be paid directly into the State's General Fund.

 

HB 1178 – Rep. Black (D-Valdosta) offered this Tax Code revision relating to State sales and use tax exemptions found in O.C.G.A. § 48-8-3(49.1). His proposal proposes to provide for an exemption for a limited time from State sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used for raising swine.  Currently, there is an exemption in place which sunsets on June 30, 2008.  This Bill extends the time for the exemption to June 30, 2010.

 

HB 1179 – Rep. Ralston (R-Blue Ridge) offered an amendment to Title 21, relating to lobbyist disclosure. Under this Legislation the State Ethics Commission could not allow a person who has been convicted of a felony involving moral turpitude, to become registered as a lobbyist unless ten years have passed since the completion of the person's sentence.

 

HB 1181 – Rep. Benton (R-Jefferson) proposed an amendment to Title 20, relating to the acceptance of grants, donations, and federal aid for vocational or other educational purposes by the State Board of Education. Under this Legislation, he State School Superintendent would be allowed to enter into contracts for $100,000 or less. The State Board of Education may also delegate to the State School Superintendent the authority to enter into contract in amounts greater than $100,000.

 

HB 1184 – Rep. Freeman (R-Macon) proposed an amendment to Title 20, relating to the Georgia Student Finance Authority. The Authority could establish two pilot educational assistance programs for collegiate sports for students with physical disabilities. The pilot program will offer ten full scholarships that may be subdivided as partial scholarships consistent with other collegiate sports and 20 to 25 student athletes with physical disabilities by year three of the pilot program with an emphasis upon recruiting veterans with disabilities.

 

HB 1189 – Rep. Sheldon (R-Dacula) offered an amendment to Title 32, requiring the Commissioner of the Department of Transportation to file a report on the progress made on the State-wide Strategic Transportation Plan. On December 31, 2008 and on an annual basis after, the Commissioner shall prepare a report detailing the progress the Department has made on preparing the State-wide Strategic Transportation Plan. The Plan shall include a list of projects expected to begin construction within the next five years, the cost of the projects and the source of funding for the projects.

 

HB 1193 – Rep. Burkhalter (R-Johns Creek) offered an amendment to O.C.G.A. § 48-8-3, providing for a sales and use tax exemption from January 1, 2007 until June 30, 2011, on property used in the construction of an aquarium expansion.

 

HB 1196 – Rep. Stephens (R-Savannah) authored this proposal in Titles 48 and 10 to provide for tax credits for qualified investments (a cash investment in the research fund for financing businesses formed as a result of intellectual property).  Credit is defined as a state income tax credit against the tax imposed pursuant to this article in the Code in an amount equal to 10% of the taxpayer's qualified investment.  It also permits in Title 10 investments in the Seed-Capital Fund.

 

HB 1197 – Rep. Stephens (R-Savannah) proposed amending O.C.G.A. § 48-11-2 so asto increase the excise taxes on tobacco products for cigarettes.  Currently, these taxes are $.37 per pack; his proposal would raise the taxes to $1.37 per pack of 20 cigarettes.

 

HR 1226 – Rep. Smith (R-Pine Mountain) offered an amendment to the Constitution at Article III, Section IX, and Paragraph VI. This Amendment would levy an additional one percent general statewide sales and use tax.  Ninety percent of the funds collected from this increase would be used for transportation purposes. If approved by the voters this amendment would begin on January 1, 2009 and last until December 31, 2015.

 

HR 1245 – Rep. Smith (R-Watkinsville) proposed an amendment to the Constitution at Article VIII, Section IV. This change would provide for the Board of Higher Education for the Higher Education System of Georgia to replace the Board of Regents of the University System of Georgia.

 

HR 1246 – Rep. Richardson's (R-Hiram) has proposed his latest initiative on his GREAT Plan. The changes would eliminate the tag tax and the State would begin taxing groceries again. School property taxes would change under this Resolution, but would not be totally eliminated, a credit for the tax would be granted.