Report for April 21, 2010
Legislative Day 38
Two more Legislative Days to go before Sine DIE! Lawmakers on both sides of the aisle worked late today in an effort to finalize pieces of legislation, including a compromise on ethics and transportation. The House also adopted the Conference Committee Report on HB 947, completing the work necessary on the State's FY 2010 Supplemental Budget. These three hurdles now clear the path for Lawmakers to come to an agreement on the FY 2011 Budget and other remaining initiatives.
The Ethics Bill, originally outlined by Speaker David Ralston (R-Blue Ridge) with various sections from Rep. Mary Margaret Oliver (D-Decatur), cleared both the House and Senate in the late evening. The proposal includes such things as:
Provisions of the ethics bill include:
- Expanded authority for the Georgia State Ethics Commission.
- More stringent reporting requirements for lobbyists and Lawmakers.
- Increased penalties and fees for lobbyists and legislators who do not comply with reporting and registering appropriately.
- Includes local elected officials to file campaign disclosure reports like other State-elected officials.
HB 277, the compromise reached on transportation after a three-year slug-fest over the issue, finally got agreement through the adoption of a Conference Committee Report. The House passed the Report by a vote of 141 to 29 and shortly afterward, the Senate passed it with a vote of 43 to eight. More on this Bill is noted below.
While House and Senate Budget Conferees intend to work tomorrow on some of the details in HB 948, the FY 2011 Budget, they will be in adjournment until next Tuesday. Friday is a furlough day for State Capitol employees and Monday is a State holiday. Thus, little work will be done during the next few days.
Today's Report focuses on mostly Floor activity in each chamber.
Floor News
Senate
SR 1222 urges the Georgia Composite Medical Board to promulgate regulations for oversight of physicians' office-based surgery and use of anesthesia. One amendment was added which strikes the words "and diagnostic" from the language. SR 1222 passed 46 to zero.
HB 203 creates a new Code section at O.C.G.A. § 36-31-11.1 relating to local development authorities. It provides procedures for issuing bonds, allocating bond proceeds, and distributing property which has been or may be improved using bond proceeds in a county that has activated a pubic safety and judicial facilities authority. The proposal also provides for the transfer to certain municipalities of property located within the geographical boundaries of the municipality. HB 203 passed 40 to six.
HB 207 defines the term "off-road vehicle" and provides for operating restrictions of off-road vehicles, specifically ATVs, which are contaminating streams in some parks. HB 207 passed 45 to one.
HB 305, relates to group life insurance policy coverage, and removes the current 75 percent participation requirement for group life insurance policies. With no questions, HB 305 passed 46 to zero.
HB 311 requires a Georgia qualified proprietary institution to have been in operation in Georgia ten years rather than 14 years in order for eligibility for tuition equalization grants. HB 311 passed 31 to 17.
HB 329 amends O.C.G.A § 42-8-34.1 and provides that the commission of a misdemeanor offense in another state, which would be a felony in Georgia, will be treated the same as the commission of a felony offense in Georgia for purposes of probation revocation. Sen. John Wiles (R-Marietta) presented HB 329, which passed 44 to five. A motion to reconsider this action failed.
HB 333 would exempt the Georgia Building Authority from the payment of sales and use taxes on property purchased, leased, or used by the authority. HB 333 passed 43 to one.
HB 571, the Bill by Speaker Ralston concerning sex offenders, passed with no questions asked by a vote of 45 to zero.
HB 656, known as the "Mennonite's Bill", would allow certain religious organizations to qualify as a self-insurer. HB 656 passed 40 to five.
HB 788, the much-discussed Bill relating to euthanasia of dogs and cats by animal shelters, was presented on the Floor by Sen. Renee Unterman (R-Buford). An amendment was adopted, which will likely make the Bill go to Conference Committee. The Bill eliminates these shelters from using gas chambers to euthanize dogs and cats after January 1, 2013. HB 788 passed 38 to nine.
HB 863, the "Charitable Solicitations Bill," revises certain provisions relating to charitable solicitations practices and accounting standards. It also defines "collection receptacle" and addresses paid solicitors' disclosure requirements. HB 863 passed 45 to zero.
HB 867 creates the Commission on Regional Planning in an effort to coordinate planning and funding of services to citizens. It will not impact the Division of Aging through the Department of Human Services. HB 867 passed 47 to zero.
HB 907 amends the "Quality Basic Education Act" and how Georgia's middle schools are operated and organized. The Senate added language concerning "special needs scholarships." The two amendments were: 1) qualifications for students applying for those scholarships (requires an IEP regardless when it was made) and 2) when notification to parents must be made for them to apply for these scholarships. HB 907 was presented by Sen. Chip Rogers (R-Woodstock) and passed 41 to eight with the two amendments.
HB 923 amends Georgia's "Quality Basic Education Act" and laws relating to salary schedules for certificated personnel. It addresses the changes made last year eliminating additional salary boosts for those individuals in the "leadership program." Last year's law attempted to grandfather persons who were in the leadership program now or were in the process of obtaining leadership degrees. This Bill clarifies when an educator who has earned a leadership degree but is not in a leadership position so that individual may still be placed on the State salary schedule based on the leadership degree. HB 923 passed 45 to three.
Sen. Jack Hill (R-Reidsville) explained HB 948, the FY 2011 Budget. The Budget passed out of the Senate with the Senate's changes by a vote of 49 to two.
HB 963 amends the ad valorem tax laws concerning property and affidavit requirements for the homestead exemption from ad valorem taxes for educational purposes for persons who are 62 years of age or older and whose income does not exceed $10,000.00. Sen. Chip Rogers (R-Woodstock) presented HB 963 which passed with no questions 49 to zero.
HB 980 permits an individual to be in the bail bond business in the county where he or she may also be a member of the local board of education. Under current law, an individual may not be in the bail bond business in the same county. HB 980 passed 45 to two.
HB 981 allows law enforcement vehicles to be painted in a solid color versus two-toned. This is a cost saving measure of approximately $700.00 per car. HB 981 passed with two amendments 36 to ten.
HB 1002 increases penalties for crimes and offenses which are committed against judges and court personnel. It also adds court interpreters to those who are considered as court personnel. HB 1019 passed 46 to zero.
HB 1019 requires that each State agency that issues permits, licenses, certificates, and identification cards to citizens of this state shall issue replacement permits, licenses, certificates, or identification cards without charge to citizens who apply for such replacement permits, licenses, certificates, or identification cards and who demonstrate that their original permits, licenses, certificates, or identification cards were lost or destroyed as the direct result of a natural disaster. This measure was done in the wake of the 2009 flooding in the Cobb/Douglas County area. HB 1019 passed 45 to zero.
HB 1040, the Governor's proposal amending the "Georgia Registered Professional Nurse Practice Act," permits individuals to perform certain health activities without a license. This Bill would facilitate "home healthcare". HB 1040 passed 45 to zero.
HB 1060 passed with a vote of 45 to zero. It is a comprehensive revision to law governing the Georgia Ports Authority, including its ability to issue bonds.
HB 1074 creates the Capitol Police Division within the Department of Public Safety and outlines their jurisdiction. The Georgia Building Authority would reimburse the Department for their costs in providing these services. HB 1074 passed 45 to zero.
HB 1086 provides that certain personal information (home addresses, email addresses, telephone numbers, social security numbers, and insurance information) relating to teachers and employees of public and nonpublic schools will be exempt from public disclosure. The Bill also provides that information relating to tests administered by the Professional Standards Commission is also to be exempt from disclosure. HB 1086 passed 46 to one.
HB 1095 addresses the law concerning death investigations conducted by coroners which are to made in cooperation with a forensic laboratory. HB 1095 passed 44 to one.
HB 1104 amends the law governing juvenile proceedings. It provides for credit for time served by juveniles in a youth detention center while awaiting placement. It also adds language pertaining to "smash and grab" burglaries of "retail establishments" and sanctions for those crimes. HB 1104 passed 40 to zero.
HB 1118 amends provisions relating to review procedures for IV-D agency support orders. It requires that all IV-D agency orders, that are active TANF cases, will be reviewed following the expiration of the thirty-sixth month after the order was issued, without a request from the obligor or obligee. All other orders for support, being enforced by a IV-D agency, will be eligible for review upon application and payment of fees required by the IV-D agency at the completion of the review. HB 1118 passed 36 to one.
HB 1119, which creates the "Georgia Arthritis Prevention and Control Act" within the Department of Community Health, was passed 39 to zero.
HB 1135 will allow the Department of Transportation to enter into multiyear contracts. HB 1135 passed 38 to two.
HB 1140 permits the addition of additional judges in the Alcovy, Atlanta, and Brunswick judicial circuits. HB 1140, presented by Sen. John Wiles (R-Marietta), passed 40 to one.
HB 1174 amends regulation of oversize and overweight loads on streets or highways in keeping with federal requirements. This Bill was described as a "housekeeping" measure. The Bill passed 41 to zero.
HB 1192 addresses the real estate transfer tax, permitting a pro-ration of tax when it lies in more than one county. HB 1192 passed 43 to zero.
HB 1196 provides that no building code will include a requirement that fire sprinklers be installed in a single-family dwelling or a residential building containing no more than two dwelling units (new construction). Sen. John Douglas (R-Social Circle) attempted to amend the Bill to permit local government to make this determination; his Amendment failed. HB 1196 passed 45 to seven.
HB 1198 amends the definition in law concerning "taxable nonresident" to include that:
Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engaged in a prior year within this state, by himself or herself, in activity for financial gain or profit and who receives income from such activity in the form of deferred compensation or income from the exercise of stock options and such income exceeds the lesser of 5 percent of the income received by the person in all places during the taxable year or $5,000.00; provided, however, that this subparagraph shall not apply in the case of an individual who receives such income when the state is prohibited from taxing such income pursuant to federal law.
HB 1198 also added changes to the law concerning low-income tax credits (previously in HB 1219). It permits the credit to be used and deducted against the tax payer's liability but in "no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall not be allowed to be carried forward to the taxpayer's succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability." The Bill passed 33 to 16.
HB 1199 will allow the Department of Natural Resources the ability to establish a 501(c)(3) foundation entity to permit it to accept charitable donations and arrange for volunteer services. HB 1199 passed 45 to zero.
HB 1206 defines "geothermal bore hole" and outlines requirements for a water well contractor's license and drilling under the direction of a professional geologist or engineer. HB 1206 passed 43 to four.
HB 1221, known as the "Streamline Sales Tax" Bill, was presented by Sen. Don Balfour (R-Snellville). The Bill also adds a sales and use tax exemption for purchases made by government contractors (Lockheed). The Bill passed 48 to one.
HB 1233 requires the cost to the Public Service Commission "of providing reasonably necessary specialized testimony and assistance in conducting affiliate transactions audits prior to utility rate cases, in monitoring nuclear power costs, and in proceedings initiated by the utility, including, but not limited to, utility rate cases, fuel cost recovery cases, gas supply cases, and capacity supply cases, shall be charged to the affected utility." HB 1233 passed 48 to zero.
HB 1268 adds that "an assistance eligible individual who is in a transition period as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended, shall be treated for purposes of any continuation of coverage provision as having timely paid such premium if such individual was covered under the continuation of coverage to which such premium relates for the period immediately preceding such transition period, if such individual remains eligible for such continuation of coverage, and if such individual pays the amount of such premium not later than 30 days after the date of provision of notice regarding eligibility for extended continuation of coverage." It also requires all foreign, alien, and domestic insurance companies doing business in Georgia provide a notice on each premium statement or invoice sent to customers advising that a portion of the premiums being charged is composed of state premium taxes. HB 1268 passed 46 to zero with two amendments.
HB 1310 provides that the Brain and Spinal Injury Trust Commission may solicit contributions. Sen. Renee Unterman (R-Buford) presented HB 1310 which passed 47 to zero.
HB 1359, presented by Sen. Johnny Grant (R-Milledgeville), addresses "best management practices" for stream buffers and is known as the "Shoreline Stabilization Act." The Bill is narrowly drawn for Lake Oconee and Lake Sinclair. It passed 49 to zero.
HB 1387, the Code's annual update for omissions and errors, passed 47 to zero.
The Senate also took up a number of other actions in addition to its Rules Calendar. Among those included:
- A motion was made for the Senate to insist on its position on HB 948, the FY 2011 Budget, and for a Committee on Conference be appointed. Conferees were appointed with their first meeting to be held on Thursday to hash out the differences between the Governor's, House's and Senate's versions of the budget.
- Sen. Greg Goggans (R-Douglas) moved that the Senate insist on its position on HB 1284, which defines "fee," and requires the Governor to provide a fee report as a part of his or her budget report with this report to be posted on a public information website. The Senate insisted on its position.
- Sen. Jack Murphy (R-Cumming) moved that the Senate insist on its position on HB 258. The legislation would allow an individual who is 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to physical impairment and who has been issued an identification card containing the international handicapped symbol the ability to apply for and, subject to the approval of the commissioner, be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. The teen would be required to be accompanied, whenever operating a motor vehicle, by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. The Senate insisted on its position.
- Sen. Bill Cowsert (R-Athens) moved that the Senate insist on its Substitute to HR 178. This Resolution is the Constitutional Amendment and referendum for Rep. Kevin Levitas' (D-Atlanta) proposed initiative changing Georgia's laws governing employment agreements by allowing the courts to "blue pencil" such agreements. The Senate insisted. Conferees were later appointed (Sens. Harp, Hamrick and Cowsert) and began work on hashing out the language for the ballot referendum.
- Sen. Jeff Mullis (R-Chickamauga) moved that the Senate insist on its position to HB 396. As the Bill passed the Senate, it includes Sen. Don Thomas' (R-Dalton) language changing Georgia's law on seat belts to require that seat belts be used in all passenger vehicles including pickup trucks and SUVs (there is no exception for agricultural use of these vehicles and these seat belts). HB 396 also has a myriad of other changes including increased fees for various classes of driver's licenses. The Senate insisted on its position. [The House named Conferees: Reps. Alan Powell (D-Hartwell); Rep. Tom Rice (R-Norcross); and Rep. Tim Bearden (R-Villa Rica).]
- A motion was also made for the Senate to agree to the House Substitute as amended to SB 310. The underlying legislation will regulate and license pharmacy benefits managers. The House added language regulating multiple employer self-insured health plans (or "MEWAs") and will require a MEWA to have at minimum a surplus of at least $200,000.00 for licensure purposes in Georgia. Presently, there is only MEWA in Georgia and it is operated by the Georgia Pharmacy Association; Sen. Ralph Hudgens (R-Hull) added in a Senate Floor Amendment to the House's version a limitation that further regulation of MEWAs would only occur for those formed on or after July 1, 2010, thus exempting the Georgia Pharmacy Association's MEWA.
- Sporting a button that says "Finish the Job," Sen. Jeff Mullis (R-Chickamauga) moved that the Senate adopt the Conference Committee Report on HB 277, the transportation Bill which will outline how funding will be accomplished for future transportation needs in the State. This Bill has taken three years to accomplish. This Bill keeps the taxing authority in 12 special tax districts; it allows local governments to create lists of needed/wanted projects on transportation; creates a roundtable; permits all counties in a district to have participation; provides a statewide vote; streamlines the MARTA board from 18 to 11 members, including the Mayor of Atlanta; permits Clayton County the ability to hold a referendum to determine if it wishes to be a full participant in MARTA; and creates a study committee on transit. The Senate adopted this Report with a vote of 43 to eight.
House
The House worked late into the night to take up some long pending issues, such as transportation and ethics reform.
The following Bills were on the Rules Calendar:
SB 324 was presented by Rep. Doug Collins (R-Gainesville). This Bill amends O.C.G.A. § 35-8-7 to add the imposition of administrative fees for services provided pursuant to
Code to the duties and powers of the Georgia Peace Officers Standards and Training Council. SB 324 passed 151 to two.
HR1435 forms the House Study Committee on Hotel-Motel Tax charged with evaluating matters relating to hotel-motel tax administration, collections, accounting and expenditures. It further provides for the composition of this study committee and authorizes it to appoint an advisory council. The Bill passed 149 to two.
SB 310 was presented on the Floor by Rep. Ron Stephens (R-Savannah). SB 310 provides that Pharmacy Benefit Managers "PBM's" will be regulated and licensed by the Insurance Commissioner's Office. Further, this Bill provides for regulation and licensure of multiple employer self-insured health plans by the Commissioner of Insurance. With no amendments, SB 310 passed.
SB 237 will require the Governor to specify what goods and services cannot increase their prices during a "state of emergency." Currently, all previously listed goods and services are automatically frozen, even if they are not directly affected by the state of emergency. SB 237 passed 161 to zero.
SB 457 relates to the approval or denial of charter petitions for conversion charter schools for a high school cluster. The high school cluster petition must receive at least 60 percent approval from the combined vote of the faculty and instructional staff of the high school cluster and parents or guardians of students to be approved for submitting to the local board. SB 457 passed 134 to zero.
SB 421 was presented on the Floor by Rep. Calvin Hill (R-Canton). SB 421 permits the Revenue Shortfall Reserve to be 15 percent of the previous fiscal year's net revenue for any given fiscal year. Currently, the reserve is capped at 10 percent. This Bill passed 142 to zero.
SB 340, presented by Rep. Len Walker (R-Loganville), requires each school system, private and public, to send an electronic transcript to the Georgia Student Finance Commission for each student (9th-11th grade). In order to give school counselors, parents and students the ability to determine whether their academic standing will render them eligible for HOPE before 12th grade, the Georgia Student Finance Commission will evaluate grades as well as the schools grading scale to give an accurate record through out a students academic career. Each school system will be required to begin sending electronic transcripts of all students to GSFC in 2011. This measure will also insure that each school will be required to send the student current HOPE grade point average to the parent. Currently, this type of reporting is required for 12th grade students; SB 340 initiates the tracking process when students enter high school. This tool will insure that students are fully aware of their eligibility status for the
HOPE scholarship before applying or entering a postsecondary institution. SB 340 passed the House 141 to four.
SB 136 provides for renewal and codification of agreements between the State and the federal government regarding implementation of the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program. SB 136 passed 145 to zero.
SB 346 includes comprehensive changes to Georgia's property tax code. It provides that notices of property value assessments will be sent out by the board of assessors annually, rather than only in years when the value is changed. This will ensure every property owner has a right to appeal their valuation every year. It also provides for a state-wide uniform assessment notice to be established by the commissioner of the Department of Revenue. This notice must contain an estimate of current year’s taxes which will use the current assessment and the previous year’s millage rate. The Bill permits a new appeal process for non-homestead properties valued at $1 million or more. Appeals on these properties may be made to a hearing officer which will be a certified appraiser. Just as with appeals to the board of equalization, decisions of the hearing officers may be appealed to the superior court. The Bill provides for oversight of the boards of equalization and the hearing officers by the clerk of the superior court. The bill also provides that the transaction amount of an arms length, bona fide sale shall be the maximum fair market value for tax purposes in the next taxable year following the sale. “Arms length, bona fide sale” is defined in the bill as a transaction between unaffiliated parties. Presented by Rep. Ed Lindsey (R-Atlanta), SB 346 passed the House 137 to seven.
SB 447, authored by Sen. John Bulloch (R-Ochlocknee), seeks to discourage other states from adopting laws that give preference to in-state contractors, contracting with their state agencies, to the competitive disadvantage of Georgia contractors and vendors. SB 447 has three main provisions. The first provision establishes a new definition for a Georgia resident business to be any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal submitted pursuant to this
Code section or a new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia. Secondly, SB 447 creates a reciprocity arrangement with other states that adopt laws preferential to their in-state resident businesses. Finally, this Bill requires all entities of State government to adhere to the policies and procedures contained in the State. Two amendments were added to this Bill. One would require and provide for penalties for subcontractors of subcontractors to participate in the e-verify process. SB 447 passed 152 to four.
Rep. Ben Harbin asked that the House accept the Conference Committee Report on HB 947, the FY 2010 Amended Budget. The Budget is based on the Governor's revised revenue estimates and includes new funding for the State's mental health hospitals; addresses enrollment growth in schools; allows for full benefits for unemployment; includes $18 million for hospitals; allows more money for the State's revenue auditors; etc. It was adopted by a vote of 123 to 29.
Rep. Ben Harbin (R-Evans) moved that the House disagree to the Senate Substitute to HB 948 (the FY 2011 Budget) noting that the Senate made too many changes that "we don't like."
SR 822, which urges the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow retail developments in rest areas along the interstate highway system, passed.
SB 409 expresses the intent of the General Assembly to offer any non-statutory economic incentives granted on or after July 1, 2010 to any entity engaged in the use of raw forest products equitably to all users in this State. The Bill attempts to prevent direct price subsidies being granted by the state to any specific entity which uses raw forest products without providing it to all users. It has also been known as the "Forestry Fairness Act;" it passed 141 to zero.
SB 1 was presented by Rep. Donna Sheldon (R-Dacula) on the Floor after being held up in the process for the past few years. This Legislation amends part of the Georgia Code related to the "Budget Act," by eliminating provisions concerning the annual continuation budget report, and providing the application of zero-based budgeting to the budgeting process. Originally, the House version of this Bill was offered by Rep. Tom Graves (R-Ranger) who has left the House to seek a Congressional seat. SB 1 was introduced by Sen. David Shafer (R-Duluth) and it also provides analysis of department and program objectives, considers alternative funding levels, and develops priority lists for departments. The presentation of alternative funding levels does not, however, relieve the obligation of the Governor to present a recommended budget that is balanced. These changes will apply to the budget presented to the General Assembly in January 2011 and each year after, and affect no more than one-third but no less than one-quarter of all programs in the most recently passed General Appropriations Act. SB 1 passed 151 to zero.
SB 493 provides that whenever the death of a nonresident burn victim occurs in a treatment facility following the transportation of such victim from an incident occurring in another state, only the attending physician shall be required to complete and sign the death certificate. SB 493 passed 160 to zero.
SB 373 allows investigation of persons applying for a position as a certified peace officer by the law enforcement agency considering the application. This Bill also allows the agency to gather employment related data upon the approval by the candidate. SB 373 passed 154 to one.
SB 380 gives the Georgia Environmental Facilities Authority the ability to make
loans/grants to local governments for the expansion of existing reservoirs. SB 380 passed 160 to two.
SB 427 establishes a Georgia Foundation for Public Education for the purposes of soliciting and accepting money contributions, services or property for the purpose of supporting education excellence in Georgia. Georgia Academy for the Blind, Georgia School for the Deaf and Atlanta Area School for the Deaf, are specifically helped with this Bill. However, the Bill is not limited to only these institutions. The foundation will be governed by a board of directors composed between 5 to 15 members appointed by either State School Superintendent or State Board of Education. At least two members of the board shall represent the interests of the students who are blind or deaf. SB 427 passed 156 to one.
SB 488 defines the term ‘crime’ as used in O.C.G.A. § 9-3-99, relating to tolling of limitations for tort actions while criminal prosecution is pending, as:
- A felony
- Any violation of Article 15 of Chapter 6 of Title 40 (these are serious traffic offenses)
- A misdemeanor violation that results in another person’s death or bodily harm that results in loss of member, rendering a member useless, seriously disfiguring the body or a member thereof, or causes organic brain damage rendering the body or a member thereof useless.
The definition of ‘crime’ included in this Bill is partly a result of the Supreme Court of Georgia decision in Beneke v. Parker. SB 488 passed 160 to two.
Speaker Ralston took the Well late in the night to address SB 17, the Ethics Bill. After a talk of ethics reform all Session, it came to fruition. This Bill renames the State Ethics Commissions the "Georgia Government Transparency and Campaign Finance Commission." It would have the authority to investigate all public officials in the state. The General Assembly’s Joint Legislative Ethics Committee would be abolished. Anyone would be allowed to file a complaint against an elected official, but if the commission ruled the case was frivolous, the person bringing the suit would have to pay the official’s legal fees. It requires lobbyists to disclose spending every 15 days instead of 30 days during the legislative session and 30 days instead of three months when not in session. Lobbyists would be required to pay a $300 annual registration fee and fines for violating rules would be increased. Financial disclosure requirements for legislators would be increased. Fines for officials and candidates who did not file would be increased. Lobbyists would not be allowed to initiate electronic communication with legislators when they were in session or committee. SB 17 passed 168 to two.
Agrees/disagrees
Disagrees-
Rep. Kevin Levitas moved that the House Disagree to HR 178. Disagree
The House moved to Disagree with the Senate Substitute of HB 1284.
The House Disagreed with the Senate Substitute to HB 1154.
Agrees-
The House Agreed with the Senate Substitute of HB 1028.
The House Agreed to the Conference Committee Report to HB 16.
The House Agreed with the Senate Substitute of HB 579.
The House Agreed to the Senate Amendment as Amended by the House of SB 84.
The House Agreed with the Senate Substitute of HB 908.
The House Agreed with the Senate Substitute of HB 567.
The House Agreed with the Senate Substitute of HB 1258.
The House Agreed with the Senate Substitute of HB 1072.
The House Agreed with the Senate Substitute of HB 1179.
The House Agreed with the Senate Substitute of HB 1021.
The House Agreed with the Senate Substitute of HB 1345.
The House Agreed to the Conference Committee Report on HB 277, the Transportation Bill. This compromise will create twelve special tax districts for transportation projects. These are comprised of RDC regions. With this ten year plan the General Assembly wants to move forward to allow local governments to have input, a round table will be established in each district, thus creating a bottom up approach versus a top down approach as originally thought. All counties must participate and voters will have the ultimate choice in what transportation projects are funded in their area. This compromise also includes language to help out the failed CTRAN program. HB 277 was adopted 141 to 29.
The House Agree to the Senate Amendment to the House Substitute of SB 310.
The House Agreed with the Senate Substitute HB 1128.
Insists
The House insisted on HR178, and a Conference Committee was appointed. The Committee is made up of Reps. Wendell Willard (R-Sandy Springs), Rep. Mike Coan (R-Lawrenceville), and Rep. Kevin Levitas (D-Atlanta).
New Legislation
SR 1507 – Sen. Judson Hill (R-Marietta) proposed this "urging" Resolution for the United States not to enact a "value added tax." This tax, also known as "VAT," was first created in 1956 by a French economist and is now widely used in many countries. It is used to pay bills and sustain growth of governments that they might otherwise be unable to afford. This tax is a sales tax on the transfers of goods/services, ultimately paid by the consumer; the difference is that the tax is paid at each stage of the good or service's development rather than at the final sale.
SR 1508 – Sen. George Hooks (D-Americus) proposed this Resolution honoring former Lieutenant Governor Pierre Howard. Howard served in the Georgia Senate for 18 years.
HB 1515 – Rep. Rich Golick (R-Smyrna) introduced this Bill amending Chapter 7 of Title 48. This Bill would provide that taxable net income of any taxpayer in Georgia will not include any premiums paid for health plans, except those health plans excluded under O.C.G.A. § 33-1-2(1.1) ("Health benefit policy," "health benefit plan," or other similar terms do not include limited benefit insurance policies designed, advertised, and marketed to supplement major medical insurance such as accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, Medicare supplement, specified disease, vision, and any other type of accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance.).
HB 1516 – Rep. Mark Hatfield (R-Waycross) proposed an amendment to O.C.G.A. § 21-2-193 providing for the establishment of the qualifications of candidates for President. It will require the candidate to submit an affidavit outlining the candidate's citizenship and age and have a copy of the documents proving the candidate is a natural born citizen, the candidate's age, and information proving the candidate meets the residency requirements for the President of the United States as prescribed in Article II, Section I of the United States Constitution. It further requires the Secretary of State to review these documents.
HR 2068 – Rep. Craig Gordon (D-Savannah) proposed this Resolution honoring one of his Chatham County colleagues, Rep. Burke Day (R-Tybee Island). Rep. Day has announced that he will not seek re-election in 2010 to his House of Representatives' seat. In most recent service, he has been the Chairman of the House Public Safety Committee. Rep. Willie Talton (R-Warner Robins) authored another Resolution honoring Rep. Day, HR 2043.
HR 2069 – Rep. Craig Gordon (D-Savannah) authored this Resolution honoring former Senator Regina Thomas. Senator Thomas retired from the Senate after a rather lengthy career in politics. Senator Thomas previously served in the Georgia House of Representatives.
HR 2102 – Rep. Mickey Channell (R-Greensboro) proposed this "urging" Resolution to the Department of Community Health to require patient-centered medical home pilot projects be established for the Medicaid population and a similar initiative for the State Health Benefit Health Insurance Plans.
HR 2130 – Rep. Tom McCall (R-Elberton) offered this Resolution honoring his colleague Rep. Bob Lane (R-Statesboro) who has announced that he will not seek re-election to his House of Representatives Seat for District 158. Rep. Lane has served the District for 30 years, following his father Jones Lane. Rep. Lane has served most recently as the Chairman of the House Committee on Game, Fish, and Parks and is a long-time supporter of Georgia Southern University.
HR 2134 – Rep. Bobby Reese (R-Sugar Hill) introduced this Resolution honoring the late former State Senator Nancy Schaefer.
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.