As Governor Perdue prepares to sign the Statewide Transportation Act of 2010, we want to say how appreciative the Gwinnett Chamber is of your efforts on this and other issues related to jobs, education and water this past session.We have been airing the attached billboards on I-85, It’s the least the Gwinnett Chamber could do to say thank you.
Key Legislation Adopted by the House on the Last Day of the Session
HB 540 - Elections; remove references to ballot cards; provisions
-Bill Summary: HB 540 relates to primaries and elections generally, so as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks.
- Authored By: Rep. Austin Scott of the 153rd
- House Committee: Governmental Affairs
- Yeas: 91; Nays: 72
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
HB 948 - General appropriations; State Fiscal Year July 1, 2010 - June 30, 2011
-Bill Summary: HB 948 will make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011.
- Authored By: Rep. David Ralston of the 7th
- House Committee: Appropriations
- Yeas: 137; Nays: 33
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
HB 1069 - Income tax; credits for equipment that reduces energy or water usage; provide
-Bill Summary: HB 1069 provides for an income tax credit for taxpayers that purchase certain energy or water efficient equipment as part of new onstruction or for retrofit in the year the equipment is placed in service. The amount of the credit is 25% of the cost of the equipment or $2,500, whichever is less. Eligible equipment includes energy and water efficient equipment certified by the commissioner of natural resources as effective in reducing business or domestic energy or water usage. Tax credits allowed shall not exceed a taxpayers' income tax liability, and unused credits may be carried forward for five years. The aggregate amount of the tax credits that shall be allowed is limited to the amount of federal funds granted to Georgia for this purpose, and these credits will only be granted in years such federal funds are granted. After purchase of the equipment, the taxpayer must submit an application to the Dept. of Revenue for approval of the credit, and the credits will be allowed on a first come, first served basis.
- Authored By: Rep. Joe Wilkinson of the 52nd
- House Committee: Ways & Means
- Yeas: 97; Nays: 62
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
HB 1104 - Juvenile proceedings; graduated sanctions and secure detention for probation violators; provisions
-Bill Summary: HB 1104 relates to juvenile proceedings, so as to provide for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children.
- Authored By: Rep. Jimmy Pruett of the 144th
- House Committee: Judiciary Non-Civil
- Yeas: 150; Nays: 1
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
HB 1195 - Labor and industrial relations; Georgia Workforce Investment Board; create
- Bill Summary: HB 1195 codifies the Georgia Workforce Investment Board that was created by a 2206 Executive Order, as well as providing for the membership of said board, its powers, functions and funding. Further, it establishes the Governor's Office of Workforce Development and Georgia Work Ready. This bill shall become effective upon its approval by the Governor or upon its becoming law without such approval. All funding is federal. No state dollars will be spent.
- Authored By: Rep. Terry England of the 108th
- House Committee: Industrial Relations
- Yeas: 150; Nays: 7
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
SB 238 - Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Ga.
- Bill Summary: Senate Bill 238 grants the board of regents the authority to grant financial assistance to medical and dental students at the Medical College of Georgia by way of service cancelable loans to help with the cost of tuition. Students after the completion of their study program then are required to reside, and work in the state of Georgia for a one year period per $1,000 dollars awarded. In the event that any portion is not paid through service then the recipient is then required to repay the amount by twice the amount of the remainder of the loan. The board of regents already has the ability to grant such financial assistance to other qualified students for their servitude to Georgia. This bill simply expands the programs eligible to medical and dental students.
- Authored By: Sen. Seth Harp of the 29th
- House Committee: Higher Education
- Yeas: 100; Nays: 43
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
SB 308 - Firearms; carrying and possession; change provisions; definitions
- Bill Summary: This bill clarifies Georgia law regarding where a person who has a license to carry a weapon may or may not do so. Section 1-1 provides definitions for the following terms as used in Code section 16-11-127: handgun, knife, license holder, long gun, weapon, and weapons carry license. The bill maintains current law regarding persons having weapons on their own property, the manner of carrying openly, and reciprocity with other states. The bill removes current language which prohibits persons from carrying weapons to "public gatherings" and provides that persons may not carry in: houses of worship, courthouses, jails or prisons, government buildings, state mental health facilities, bars, unless specifically permitted by the owner, or within 150 feet of a polling place. The bill also provides that it is not prohibited for a licensed person to have a weapon locked in a vehicle at those aforementioned location's parking facilities.
The bill provides that private property owners have the authority to determine whether persons shall have the right to carry on his or her property. The bill maintains current provisions prohibiting weapons in schools, including colleges and universities, but removes the 1,000 foot "gun free school zone" provision. Persons prohibited from receiving or retaining a license include those who are less than 21 years old, are prohibited under federal law, have a felony conviction, or have been convicted of specific misdemeanors. Probate courts have five rather than three days to take certain administrative steps in the application process. The state will have the authority to require licenses have covert and overt security features, such as holographic imaging and photographs of licensees, effective January 1, 2012. The fee for a license is increased to $30.00. It will be an offense to possess a counterfeit license with intent to represent the information.
If a person takes legal action to challenge a rejected application, the applicant may sue for reasonable attorney fees. The new language provides the fees are only available upon showing the denial lacked substantial justification.
- Authored By: Sen. Mitch Seabaugh of the 28th
- House Committee: Judiciary Non-Civil
- Yeas: 118; Nays: 44
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
SB 360 - Motor Vehicles; prohibit persons 18 years of age or younger from using wireless telecommunications devices; text messages
-Bill Summary: SB 360 relates to motor vehicles and traffic, so as to prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care.
- Authored By: Sen. Jack Murphy of the 27th
- House Committee: Public Safety and Homeland Security
- Yeas: 133; Nays: 24
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.
HB 23 - Motor vehicles; cell phones; text messaging; prohibit use
- Bill Summary: HB 23 prohibits the use of cell phones and similar electronic devices by class D driver's license holders under the age of eighteen. Penalties for violation include a fine of not more than $100 and not less than $50 as well as 2 points on the offender's driving record. The Senate Public Safety Committee substitute to HB 23 makes violation of its provisions a flat $150 fine. It changes the point accumulation on the license to 1 point from 2. And, finally, it removes the automatic suspension of the license if the driver is involved in an accident.
- Authored By: Rep. Matt Ramsey of the 72nd
- House Committee: Motor Vehicles
- A motion to agree represents final passage of this bill.
HB 1005 - Special license plates; Zoo Atlanta; provide
- Bill Summary: HB 1005 creates specialty license plates to benefit Zoo Atlanta and Alpha Kappa Alpha Sorority Inc.
- Authored By: Rep. Katie M. Dempsey of the 13th
- House Committee: Motor Vehicles
- A motion to agree represents final passage of this bill.
HB 1012 - Special license plates; service members killed in action; expand definition
- Bill Summary: HB 1012 expands the provisions of the Gold Star specialty license plate. Currently, only the spouse, mother, or father of a fallen service member may apply for the Gold Star plate. Under HB 1012, siblings and step-parents will also be able to obtain this plate. However, the plates will not be free for siblings or step-parents.
- Authored By: Rep. Billy Horne of the 71st
- House Committee: Motor Vehicles
- A motion to agree as amended by the House sent this bill back to the Senate for consideration. The Senate agreed to the House amendment so this bill received Final Passage.
HB 1050 - Real estate appraisers; appraisal management companies; add regulations
- Bill Summary: This bill requires the Real Estate Appraisal Management Companies to register with the Georgia Real Estate Appraisers Board. It further establishes certain standards and requirements for the registration and operation of such appraisal management companies and authorizes the Board to regulate such companies. This bill also outlines prohibited activities and authorizes the Board to take disciplinary actions against companies that violate such provisions.
- Authored By: Rep. Tommy Benton of the 31st
- House Committee: Regulated Industries
- A motion to agree represents final passage of this bill.
SB 239 - Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days
- Bill Summary: Senate Bill 239 relates to attendance and enrollment policies within schools systems for youth between the ages of six and sixteen. Parents or guardians are allotted a 30 day grace period to enroll students into a school once they have moved into a new district. If a parent or guardian causes a child to accumulate 5 or more days of unexcused absences or any similar attendance policy violations, they will be held responsible. Such parents or guardians could be guilty of a misdemeanor, subject to monetary fines, imprisonment not to exceed 30 days, community service or any combination of.
- Authored By: Sen. Ronald B. Ramsey, Sr. of the 43rd
- House Committee: Education
- A motion to agree represents final passage of this bill.
SB 299 - Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions
- Bill Summary: This bill changes provisions regarding the zero tolerance policy on weapons in schools, but only for cases involving children. Currently, school administrators are not given the opportunity to use any discretion in applying the policy. This bill will provide needed flexibility.
- Authored By: Sen. Emanuel Jones of the 10th
- House Committee: Judiciary Non-Civil
- Rule: Modified-Structured
- Yeas: 156; Nays: 0
Summary of the FY 2011 Budget
The General Assembly (finally!) ended its 2010 session near midnight on April 29th after a busy 40th day. As usual, much legislation was held to the end. A number of representatives and senators announced their retirements or plans to run for other offices.
Legislators waited until the 40th day to adopt a final budget for FY 2011. See the FY 2011 Conference Report for full details. The big picture is that despite about $300 M generated by the hospital tax and fee increases, state general fund spending is set to be some 18% lower than the FY 2009 budget. Children's education is suffering from larger class sizes and teacher layoffs, fewer workers are on the job to help struggling families get health care and food stamps, children placed for adoption are losing services, and public health services, including prenatal care, are severely curtailed to name a few of the cuts with long-term consequences. Below are results for a number of items where the House and Senate-passed versions had differed. Community Health: The final budget calls for a graduated scale of PeachCare premium increases (rather than a flat amount which could have penalized lower income children), and would only have to generate the smaller amount of funds set by the House. The budget cuts $6 M from health department grant-in-aid, plus another $821,846 (instead of $2.25 M), cuts $387,396 from Babies Born Healthy prenatal care, reduces Area Health Education Centers by $191,236, but restores all except $14,244 to St. Joseph Mercy Care. CMOs' monthly payments are cut by $8 M in state funds instead of $29.4 M. Human Services: The EMBRACE line item says state and federal funds of $495,000 will be used for foster care supportive services, but does not clarify whether or not EMBRACE will be funded. There is a $1.34 M cut in adoption services. Education: Thefinal budget restores migrant education, cuts Communities in Schools affiliates by $242,994, cuts $1.6 M (instead of $2.3 M) from school nurses, restores $893,000 of a $2.2 M cut to the Preschool Handicapped Program, and restores funds for the Iowa Test of Basic Skills.
Rep. Pedro Marin Speaks Out at Press Conference Opposing SB 67
Rep. Marin was invited to speak about SB 67, a bill that would require all Georgia legal residents to take the drivers' license examination in English only. Click here to see a video of the event. More than 20 Asian-American and Refugee organizations oppose the legislation. Organizations include:
Association of Chinese Professionals; Asian Cultural Experience; Asian Pacific Council of Georgia; Asian and Pacific Islander American Vote; Boat People SOS; Center for Pan Asian Community Service; Chinese Business Association of Atlanta; Chinese Community Federation of Atlanta; Culture Connect; Korean American Association of Greater Atlanta; Korean American Coalition; Korean Democratic National Organization; Korean American Resource and Cultural Center; Korean Resource Center; National Korean American Service and Education Consortium; Vietnamese American Community of Georgia; Organization of Chinese Americans; Pan Asian Action Network; Raksha, Inc.; Refugee Women's Network, Inc.; Thai American Chamber of Commerce; and the Thai Association World Center USA.
2010 Legislative Update
Bills Voted on by the House
Last week, legislators completed 36 of 40 legislative days. They met for three days with a focus on major issues-the amended FY10 budget yet to be finalized and taking up FY11 budget in the House for a vote. Two pending bills to raise needed revenues for the FY11 budget were essential in moving forward: HB 307 (Rep. Jim Cole, 125th) the Governor's bill to enact a 1.45 percent hospital provider fee to help fund the Medicaid budget and HB 1055 (Rep. Kevin Levitas, 82nd) which generates revenue by increasing a number of state fees.
The House and Senate had difficulty reaching agreement on these two bills and passage of both in some form was necessary to generate enough revenue to move forward with the FY11 budget. On Wednesday, House and Senate leadership signaled that an agreement had been reached when the House added language from HB 307 to HB 1055 and also added amendments creating permanent tax breaks for wealthy seniors to the bill. This amended version of HB 1055 passed the House, was agreed to in the Senate and has been sent to the governor for his signature. The House then passed their version of the FY11 budget.
A conference committee was appointed last week to finalize the Amended FY10 budget. Now that the FY11 budget has passed the House, the budget process must move quickly in the final four days. The Senate Appropriations Committee is expected to pass the FY11 budget on Tuesday, April 20 then move to the Senate floor for a vote on Wednesday, April 21. The House-Senate budget conferees will then have to work quickly to pass the amended FY10 and FY 2011 budgets by the 40th legislative day.
The House version of the FY11 budget contains much deeper cuts than in the governor's proposed budget as presented to legislators in January. The governor lowered the FY11 revenue estimate in March which required an additional $333 million in cuts. Also, $343 million in ARRA funds were transferred from FY11 into the amended FY10 budget. State agencies were instructed to make recommendations for how they would implement an additional 3.3% in cuts.
HR 1449 - Georgia Composite Medical Board; surgery and anesthesia; establish regulations; urge
- BILL SUMMARY: This resolution urges the Georgia Composite Medical Board to create rules for office-based surgeries.
- Authored By: Rep. Sharon Cooper of the 41st
- House Committee: Health & Human Services
- Rule: Open
- Yeas: 152; Nays: 7
SB 353 - Controlled Substances; Schedule I, II, IV, and V; definition of "dangerous drug"; provisions
- BILL SUMMARY: SB 353 amends 16-13 to classify new drugs into their respective schedules, as well reclassify certain drugs to different schedules. The bill adds Chlorophenylpiperazine (CPP) to the list of schedule I drugs, Tapentadol to the list of schedule II drugs, Fospropofol to the list of schedule IV, and Lacosamide to the list of schedule V drugs.
Additionally numerous drugs are added to the "dangerous drug list", which means that a prescription is required for a patient to receive the drug but is not covered in any of the schedules of controlled drugs. Schedule I, II, III, IV, and V are determined by the DEA and the FDA based upon potential for abuse, currently accepted medical use in treatment in the United States, and international treaties. This is the annual drug list update bill.
- Authored By: Sen. Earl "Buddy" Carter of the 1st
- House Committee: Health & Human Services
- Rule: Modified-Structured
- Yeas: 157; Nays: 3
SB 436 - Retirement; repeal certain obsolete and inoperative provisions
- BILL SUMMARY: This bill repeals certain obsolete and inoperative provisions from Title 47.
- Authored By: Sen. Bill Heath of the 31st
- House Committee: Retirement
- Rule: Modified-Open
- Yeas: 160; Nays: 3
SB 455 - State Properties Code; modifying certain provisions; acquiring real property through commission
- BILL SUMMARY: This bill amends Title 50, Chapter 16 relating to the acquisition of real property through the State Properties Commission. The bill clarifies current language of code section 50-16-38, clarifying the amount of real property acquisitions requiring SPC approval, and increases the efficiency with which the SPC can provide executed deeds to local governments who need them to clear titles.
- Authored By: Sen. Johnny Grant of the 25th
- House Committee: State Institutions & Property
- Rule: Modified-Open
- Yeas: 161; Nays: 0
SR 1083 - Public Property; conveyance; 11 counties
- BILL SUMMARY: This Resolution authorizes the State of Georgia, acting through its State Properties Commission to convey certain State owned properties.
- Authored By: Sen. Johnny Grant of the 25th
- House Committee: State Institutions & Property
- Rule: Modified-Open
- Yeas: 162; Nays: 0
SB 39 - Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state
- BILL SUMMARY: Committee sub to SB 39 removes the restrictions on the use of dollars at MARTA. It provides that there is no longer a split in the way funds are used to subsidize the operating costs of the system.
- Authored By: Sen. Jeff Mullis of the 53rd
- House Committee: Transportation
- A motion to disagree sends this bill back to the Senate for consideration.
SB 369 - Buildings/Local Gov't; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds
- BILL SUMMARY: Senate Bill 369 provides more options for local governments to invest reserve funds in to new investment opportunities.
- Authored By: Sen. Bill Hamrick of the 30th
- House Committee: State Planning & Community Affairs
- Rule: Modified-Open
- Yeas: 116; Nays: 44
SB 392 - Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students
- BILL SUMMARY: SB 392 requires educational institutions that receive state money to verify that motor common or contract carriers (charter buses) are properly certified prior to entering into an agreement for the transportation of students.
- Authored By: Sen. Jack Murphy of the 27th
- House Committee: Motor Vehicles
- Rule: Modified-Open
- Yeas: 158; Nays: 4
SB 397 - "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers
- BILL SUMMARY: SB 397 establishes a state-wide alert system known as "Blue Alert" for when a law enforcement officer is injured by a perpetrator who has not been apprehended.
- Authored By: Sen. Jeff Mullis of the 53rd
- House Committee: Public Safety and Homeland Security
- Rule: Modified-Open
- Yeas: 164; Nays: 2
HB 948 - General appropriations; State Fiscal Year July 1, 2010 - June 30, 2011
- BILL SUMMARY: This bill provides appropriated sums of money for the State Fiscal Year beginning July 1, 2010, and ending June 30, 2011. The funding will be used for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies. Further, it provides funding for the university system, common schools, counties, municipalities, political subdivisions and all other government activities, projects and undertakings authorized by law.
- Authored By: Rep. David Ralston of the 7th
- House Committee: Appropriations
- Rule: Open
- Yeas: 120; Nays: 52
SB 355 - Health; provide that priority list of persons authorized to control the disposition of the remains of a deceased person
- BILL SUMMARY: This bill clarifies that if a deceased person dies while serving in any branch of the United States Armed Forces then whoever the deceased person designated on their United States Department of Defense Record of Emergency Data, DD Form 93, shall have second priority, after only a health care agent designated in an advance directive for health care, to direct disposition of the remains.
Authored By: Sen. Ed Harbison of the 15th
House Committee: Judiciary
Rule: Modified-Structured
Yeas: 169; Nays: 0
SB 374 - Legislative Economic Development Council; create
-BILL SUMMARY: This bill creates the Legislative Economic Development Council to be co-chaired by the Lieutenant Governor and the Speaker of the House of Representatives. The Council will serve the purpose of evaluating the state's overall economic development strategy as well as reviewing all state funded activities and expenditures that go into implementing such strategy. This bill further outlines the composition of the Council as well as the Council's powers and duties. It also requires that Department of Economic Development to prepare a yearly report for submission to the members of the Council and the Governor, detailing the state's programs and activities related to job creation and economic development in Georgia.
- Hugley Amendment codifies into law the MLK Commission which is responsible for a variety of functions serving to strengthen and improve race relations in Georgia. The Commission is currently only established through an executive order of the Governor.
Authored By: Sen. Chip Pearson of the 51st
House Committee: Economic Development and Tourism
Rule: Modified-Open
Yeas: 122; Nays: 15
SB 461 - Wills, Trusts, Estate: provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills
Authored By: Sen. Seth Harp of the 29th
House Committee: Judiciary
Rule: Modified-Structured
Yeas: 170; Nays: 0
Email: marinstatehouse@aol.com
State Representative Pedro Marin
Capitol
Georgia Gwinnett District 96
611 Coverdell Office Building
Atlanta, GA 30334
Phone: 404.656.0314
Fax: 404.651.5585
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