Georgia Legislative Update
Final Report
April 2006
Highlights
? FY06 Supplemental Budget authorizes $11M in bonds for the Columbus
Trade Center
Exemption with respect to sales of certain tangible personal property used in
direct connection with the construction or improvement of the National Infantry
Museum and Heritage Park at Fort Benning; Passed
Bill prohibiting disruptive conduct at funerals, memorial services, or funeral
processions, Passed
High Risk Pool, Failed to Pass
? Eminent Domain legislation, Passed
? Immigration legislation, Passed
? Tougher penalties for sex offenders, Passed
? Stream Buffer Legislation, Failed to Pass
General Business
Bills targeting specific industries highlighted this session?s business
legislation, but many failed to receive final passage. A proposal allowing
Atlanta Gas Light to build a $300 million natural gas pipeline from the coast
to Atlanta, HB 1325, failed to pass out of the Senate. The bill would have
allowed AGL to bypass the Public Service Commission?s regulatory review and
impose a monthly surcharge on residential and small business gas bills to pay
for the project.
HB 1385, received final passage. This bill allows a governing authority or
corporation to hire private professional providers to perform building plan
reviews and inspections when the local jurisdiction cannot perform these
services in a timely manner. The bill provides that the local governing
authority be allowed 30 days to provide the plan review before securing the
services of a private professional provider. In addition, it allows the
employment of private professional providers to perform building plan reviews
when the state fire marshal, local fire marshal, state inspector, or designated
code official cannot timely perform such services
HB 1361 related toe the Redevelopment Powers Law, received final passage. The
bill: (1) Redefines ad valorem property taxes to exclude those taxes levied on
personal property or on motor vehicles and those levied on the assessed value
of property owned by public utilities and railroad companies; (2) Amends the
definition of redevelopment costs so that payments to a political subdivision
or board of education shall not exceed the amount of contribution to the tax
allocation increment in any year by such entity; and (3) States that the
resolution of any political subdivision or board of education which agrees to
the inclusion of property taxes in the tax increment computation shall not
specify the inclusion of any property taxes unspecified in the enacting TAD
resolution.
Crime
Several bills targeting crime were taken up by one or both chambers in the last
few days of session. Legislation establishing penalties for causing the injury
or death of an unborn child at any stage of development in a pregnancy, SB 77,
won passage in both houses. The bill allows individuals who kill a pregnant
woman to face two charges of homicide.
HB 1059, the sexual predator bill, received final passage, giving Georgia one
of the harshest sex crimes laws in the nation and includes the following
provisions: (1) Minimum 25-year prison sentences for many sex offenders whose
victims were age 14 or younger; (2) Lifetime electronic monitoring upon release
for many sex offenders whose victims were age 14 or younger; and (3) Tightens
restrictions on where sex offenders can live and work.
Amy?s Law, HB 1145, which gives Juvenile Court judges the authority to lock up
a child who commits murder until age 21, received final passage. The current
law limits children under 13 to a maximum sentence of two years.
Environment
Governor Perdue also backed legislation to encourage land conservation by
allowing persons who donate land for a public park or donate a conservation
easement and keep the land to claim a tax credit of up to 25 percent of the
land's value. The legislation, HB 1107, would provide the state income tax
credit over five years and passed both the House and Senate.
The Senate introduced three bills related to Stream Buffers including: (1) SB
492 prevents local governments from being denied state funding or water
withdrawal permits because of failure to adopt stricter than minimum standards
for certain stream or reservoir buffers; (2) SB 510 Allows cities and counties
to permit two-acre home sites with septic tanks within 25 to 50 feet of a lake
or stream used to supply drinking water; and (3) SB 516 prevents local
governments from being denied state funding or water withdrawal permits because
of failure to adopt stricter than minimum standards for certain stream or
reservoir buffers. All of these bills failed to receive final passage.
Technology
Earlier in the session, the House and Senate passed SB 120, which prevents the
Public Service Commission from setting rates and regulation on the following
emerging communication technologies: high-speed Internet, wireless service, and
Voice over Internet Protocol calls.
Taxes
Legislation to give consumers a temporary reduction in the sales tax on natural
gas and propane, HB 970, passed both the House and Senate and has already been
signed into law by Governor Perdue. The bill suspends half the tax collected
on consumer purchases of liquid propane from January 1st through March 31st and
natural gas from January 1st through April 30th. The reduction will amount to
about $5 on a $250 monthly gas bill. Similar tax cuts on energy used for
commercial purposes, however, failed to make it out of the House.
Eminent Domain
In response to the Kelo v. City of New London case last summer, the Governor
along with both the House and Senate pushed for Eminent Domain legislation.
Governor Sonny Perdue?s proposals, HB 1313 and HR 1306, restrict the authority
of local governments to condemn property for purposes of economic development.
Both measures passed out of the House and Senate with bipartisan support.
Illegal Immigration
Another major initiative of the 2006 Session was dealing with the issue of
illegal immigration. SB 529 requires the verification of the legal status of
adults applying for taxpayer-provided services in Georgia and removes tax
breaks for businesses employing undocumented workers.
Public Safety
Several NRA-supported bills were debated this session. SB 396 allows a person
who is physically threatened to shoot the attacker without fear of being
prosecuted or sued. This legislation received final passage.
HB 998, which made it illegal for businesses to prohibit employees from keeping
guns in a vehicle on company property, failed to pass.
Tort Reform
After courts struck down portions the tort reform measure that passed last
year, several adjustments were made to the existing provisions. Passing both
chambers was HB 239, which modifies the ?offer of settlement? provision? and
requires a plaintiff to pay a defendant's attorney's fees only if the final
judgment is less than 75 percent of the proposed settlement. Also receiving
support in both chambers were HB 238, which provides immunity from civil
liability for non-profit organizations, HB 1195, which revises the procedures
for the filing of civil lawsuits by attorneys, and HB 912, which gives
hospitals and physicians immunity from civil suits for the innocent release of
privileged health information.
Personal Security Issues
SB 588 related individual and businesses use of Social Security Numbers,
passed. This bill provides that an individual or business cannot: (1)
intentionally communicate or otherwise make a social security number available
to the general public, (2) require an individual to transmit his or her social
security number over the Internet unless the connection is secure or the social
security number is encrypted, and (3) require an individual to use his or her
social security number to access an Internet website unless a password or
unique personal identification number or other authentication device is also
required for access
HB 966 and HB 1381 providing that a consumer may place a ?security freeze? on
his or her credit report, failed to pass.
Voting
During the first week of session, the House and Senate took up a measure to
refine the voter identification bill which passed last session. SB 84 requires
county voting registrars to provide photo identification and makes such
identification free of charge. The Governor signed the legislation early in
the Session.
Healthcare
A bill (HB 1473) requiring that the Governor obtain prior legislative approval
before applying for a 1115 Waiver (Medicaid Waiver) from the federal
government, passed. An amendment was successfully attached to the bill
expanding from $25,000 to $100,000 the property exemption from Medicaid?s
estate recovery program for nursing home patients.
A bill creating a High Risk Pool, or a new HIPAA Assignment System with an
uninsurable component failed to pass the Senate. The bill initially required
an assessment on all payors, including the Self Insureds, of up to $2 per
member, per month. After intense discussion with the business community,
including those representing health care industries, proponents of the bill
stripped the funding mechanism. The bill then only created the Commission. The
Senate failed to take action on the bill. We anticipate that conversations and
efforts to find a mechanism to improve the Assignment pool, ?clean up? the
individual market, and offer a mechanism to cover the ?uninsurable? will
continue.
Budget
The House and Senate adopted FY 07 budget, which included:
? 4 percent raise for teachers
? $1 billion for school and road construction
$6.5 million for 300 local projects
? $10 million to give every teacher a $100 gift card to buy supplies
? Text indicating DCH will conduct an analysis of Medicaid Buy-In
programs operational in other states and shall recommend a cost-effective
Medicaid Buy-In program that would allow working people with disabilities to
receive healthcare through Medicaid
? The State shall conduct a study of potential savings to the SHBP and
BOR plan by offering a HRA for every SHBP participant and fund a HIA that
rewards heath behavior change
Specific Legislation of Interest receiving final passage in final days:
HB 173 related to relating to property exempt from ad valorem tax, so as to
expand the ad valorem exemption for veterans organizations to include certain
additional nonprofit veterans organizations
HB 304 relating to general provisions concerning specific, business, and
occupation taxes, so as to change the provisions relating to the imposition and
determination of the amount of certain regulatory fees by local governments
HB 560 changing certain provisions regarding the circumstances under which
county boards of tax assessors can change the valuation of real property
established on appeal
HB 848 providing a homestead exemption to certain residents who are senior
citizens with respect to state ad valorem taxes
HB 989 relating to clerks of superior courts, so as to change sunset dates for
real estate or personal property filing fees; to change a sunset date relating
to the state-wide uniform automated information system; to change a sunset date
relating to collection and remittance of real estate or personal property
filing fees; to provide for related matters
HB 1019 creating and establishing the "Taser Certification Act";
HB 1030 relating to the excise tax on the furnishing for value to the public of
any rooms, lodgings, or accommodations, so as to change certain provisions
regarding the levy and collection of such tax; to provide authorization with
certain conditions for certain counties and municipalities to levy such tax;
HB 1044 relating to carrying and possession of firearms, so as to provide that
part-time municipal and city court judges shall be treated as full-time judges
for purposes of being exempt from certain state weapons requirements so that
part-time judges shall be exempt in the same manner as full-time judges
HB 1121 providing for an exemption with respect to sales of certain tangible
personal property used in direct connection with the construction or
improvement of the National Infantry Museum and Heritage Park at Fort Benning;
HB 1190 relating to the toll powers of the State Road and Tollway Authority, so
as to modify and clarify the processes by which collection of unpaid tolls may
be accomplished
HB 1248 revising the provisions regarding alcoholic beverages
HB 1288 providing for required training of municipal court clerks
HB 1293 relating to bona fide conservation use property, so as to provide for
additional acts which constitute a breach of a conservation use covenant but
incur a reduced penalty
HB 1335 relating to the circumstances when an exonerated first offender's
criminal record may be disclosed, so as to permit state or local law
enforcement units to review first offender record information when hiring a law
enforcement officer
HB 1385 relating to state building, plumbing, and electrical codes, so as to
provide for the employment of private professional providers to perform
building plan reviews and inspections when the local jurisdiction cannot timely
perform such services; to provide a definition; to provide for the
qualifications of such persons; to provide for the manner of such reviews and
inspections; to provide for certain insurance requirements
HB 1403 relating to the joint county and municipal sales and use tax, so as to
change certain provisions regarding procedures for certifying additional
qualified municipalities
HB 1435 relating to primaries and elections generally, so as to add certain
definitions; to authorize an attendant care giver to provide assistance in
voting an absentee ballot; to provide for the manner of assistance in voting
for persons with disabilities
HB 1501 changing the provisions relating to the maximum fines which may be
imposed for violations of county ordinances and which may be imposed by
municipal courts
HB 1502 relating to ad valorem taxation of property, so as to provide for
additional powers, duties, and authority of the state revenue commissioner with
respect to property appraisal and assessment; to change certain provisions
relating to bona fide conservation use covenants; to change certain provisions
regarding appointment of members of county boards of tax assessors; to change
certain provisions regarding qualifications of members of county boards of tax
assessors; to change certain provisions regarding eligibility and terms of
office of members of county boards of tax assessors
HR 1259 granting of nonexclusive easements for operation and maintenance of
facilities, utilities, and ingress and egress, in, on, over, under, upon,
across or through property owned by the State of Georgia in Chatham, Coweta,
Douglas, Grady, and Muscogee counties, Georgia
HR 1396 creating the House Study Committee on Local Law Enforcement Salaries
and Benefits
HR 1464 creating the House Comprehensive Tax Reform Study Committee
HR 1791 commending the Association County Commissioners of Georgia and the
Georgia Municipal Association for creating the Council of Local Governments;
urging the Council of Local Governments to address several issues that create
conflict between cities and counties
SB 64 relating to the requirement that officers enforcing traffic laws have a
blue light on the roof of their vehicles, so as to repeal the requirement that
officers enforcing traffic laws have a blue light on the roof of their vehicles
SB 450 relating to primaries and elections generally; Chapter 5 of Title 36 of
the O.C.G.A., relating to organization of county government; and Chapter 5 of
Title 48 of the Official Code of Georgia Annotated, relating to ad valorem
taxation of property, so as to revise the pay structure for certain county
officers and officials; to revise the minimum salary schedules of pay for
sheriffs, tax commissioners, clerks of superior court, and judges of probate
court; to provide for longevity pay increases for certain members of county
governing authorities
SB 462 relating to general provisions for sheriffs, so as to place courthouse
security under the authority of the sheriff; to require a courthouse security
plan which shall be subject to the approval of the chief superior court judge
SB 500 relating to electronic recording voting systems, so as to require all
electronic recording voting systems to produce a permanent paper record of the
votes recorded on such systems for each voter; to provide that voters have an
opportunity to verify such record after voting; to provide for certain storage
devices for such systems; to provide that such paper records be retained for
use in recounts and election challenge proceedings; to provide for procedures
for voting on electronic recording voting systems; to provide for a pilot
program during the 2006 November general election and any runoff there from in
certain counties
SB 525 relating to tax executions, so as to change certain provisions regarding
the issuance of tax executions by tax collectors and tax commissioners
SB 570 relating to affixing of materials which reduce light transmission or
increase light reflectance through windows or windshields of motor vehicles, so
as to authorize a person who is a certified optometrist to provide an
attestation in support of a medical exemption for restrictions to limitations
on reducing light transmission or increasing light reflectance on windows of
motor vehicles
SB 585 to parties in execution, so as to provide that executions for ad valorem
property taxes or assessments shall be governed exclusively by Title 48;
SB 606 relating to offenses against public order and safety, so as to prohibit
disruptive conduct at funerals, memorial services, or funeral processions;
Attached, please find your complete tracking sheet reflecting all of the
legislation we followed on your behalf. Should you have any questions or
concerns, please do not hesitate to contact me.
The Governor has 40 days to sign, veto, or do nothing, in which case the bill
automatically becomes law. We will continue to update you on pertinent
actions.
Attachments