Legislation Adopted by the House on Crossover Day
HB 307 - Medicaid; federal financial participation; hospitals; impose fee
This legislation imposes a provider payment agreement on hospitals in the amount of 1.45% of their net patient revenue, for the purpose of obtaining federal Medicaid dollars. Critical Access Centers, Ambulatory Service Centers, State Owned Hospitals, and Mental Health Hospitals are exempt from this legislation, which sunsets on June 30, 2013.
- Authored By: Rep. Jim Cole of the 125th
- House Committee: Appropriations
- Rule: Modified-Structured
- Yeas: 141; Nays:23
HB 567 - Crime Victims' Bill of Rights; rights of crime victims; change certain provisions
This bill enhances and strengthens Georgia's laws as they relate to crime victims. Many of the changes relate to what is known as the "Crime Victims' Bill of Rights." Sections 1 through 3 clarify the rights of victims when the juvenile courts have jurisdiction over the action (i.e. the perpetrator is a juvenile). Section 4 specifies that when persons are convicted of certain offenses the court has the duty to inquire as to whether the victims have been notified as to the presentence hearing, to ensure reasonable attempts have been made to contact victims, and to recess to ensure the opportunity for the victim to be heard. Section 5 provides that if restitution is due a victim the amount will be determined at sentencing. Section 6 enumerates the rights contained within the "Crime Victims' Bill of Rights." Section 7 provides definitions and cleans up language. Section 8 clarifies the circumstances under which a victim shall be entitled to notification of certain events pertaining to the accused. Section 9 provides that if the accused is committed to the Department of Behavioral Health and Developmental Disabilities, the victim will be given notice upon his or her release, discharge, escape, readmission, and other such events. Section 10 provides a duty to give notice to victims regarding restitution and, if restitution is sought, how the process should play out. Section 11 specifies the circumstances and procedures by which a victim may be interviewed by the accused. Section 12 provides that the victim may be present at all proceedings where the accused has a right to be present. Section 13 clarifies what communications will be considered attorney work product. Section 14 relates to notification to victims of an accused's motion for new trial or appeal, release on bail or recognizance appellate proceedings, and outcome of the appeal. Section 15 provides the method for a victim to request mail from an inmate be blocked. Section 16 entitles the victim of a criminal offense to be present in any court exercising jurisdiction over such offense.
- Authored By: Rep. Don Parsons of the 42nd
- House Committee: Judiciary Non-Civil
- Rule: Modified-Structured
- Yeas: 158; Nays: 1
HB 656 - Religious organizations; qualify as a self-insurer; provisions
HB 656 allows certain qualified religious organizations to self-insure for motor vehicle liability insurance for all motor vehicles registered in this state that are owned or leased by members of such religious organization that obtains a certificate from the Commissioner of Insurance.
- Authored By: Rep. Terry Barnard of the 166th
- House Committee: Insurance
- Rule: Modified-Structured
- Yeas: 160; Nays: 0
HB 853 - Tanning Facilities Regulation Act; enact
This legislation would require that all tanning bed facilities register with the state. The tanning salons must post a warning that is contained within the legislation, a button that summons outside help must be available for the user, and that the tanning beds must be cleaned after every use.
- Authored By: Rep. Karla Drenner of the 86th
- House Committee: Health & Human Services
- Rule: Modified-Structured
- Amendments(s): N/A
- Yeas: 129; Nays:28
HB 938 - Motor vehicles; revocation of licenses; wireless telecommunication devices; prohibit use
This bill is a ban on cell phone usage by persons who are under 18 years of age with an instruction permit or Class D license. Also in the bill is language to allow drivers to use headsets or headphones for the purposes communication.
- Authored By: Rep. Allen Peake of the 137th
- House Committee: Public Safety and Homeland Security
- Rule: Open
- Yeas: 134; Nays:31
HB 1019 - State government; replacement permits, licenses, and identification cards; provisions
HB 1019 defines "natural disaster" for the ensuing code section and requires each state agency that issues permits, licenses, certificates, or identification cards to citizens of this state to issue replacement permits, licenses, certificates or identification cards without charge to citizens who demonstrate that their original documents were lost or destroyed as the direct result of a natural disaster.
- Authored By: Rep. Alisha Thomas Morgan of the 39th
- House Committee: State Institutions & Property
- Rule: Modified-Structured
- Yeas: 158; Nays:0
HB 1020 - Sales and use tax; county tax for educational purposes; revise
HB 1020 is the implementing bill for House Resolution 1203, which proposes to amend the Constitution to allow up to 100% of the revenues generated by the local sales tax for educational purposes to be used for maintenance and operations. Currently, the school board may only use the revenues for capital outlay projects of the school system, or the retirement of general obligation debt with respect to capital outlay projects. The bill provides for the same administration and procedures as are in law for the Special Purpose Local Option Sales Tax (SPLOST), except that the bill allows for use of the revenues for maintenance and operations, and requires both the county school district and the independent school district, if applicable, to provide their capital project list and/or M&O amounts and rollback amounts on the ballot.
- Authored By: Rep. Butch Parrish of the 156th
- House Committee: Ways & Means
- Rule: Structured
- Yeas: 136; Nays:19
HB 1023 - Jobs, Opportunity, and Business Success Act of 2010; enact
House Bill 1023 makes several changes in our code to provide tax relief and encourage employment opportunities and business stimulation. The bill makes the following changes:
- Provides employers with the "Georgia Works Tax Credit" for hiring people that have been receiving unemployment compensation
- Quarterly credit against their required unemployment contributions in an amount between $25 and $125 per employee per calendar quarter, to be determined by the Commissioner of the Department of Labor based on conditions in the labor market, the state of the economy, and the state-wide reserve ratio.
- This provision will only become effective upon the United States Secretary of Labor determining that it is in conformity with federal law.
- Provides corporations and individuals with an income tax exclusion for long-term capital gains
- In the year following the year in which the revenue shortfall reserve is funded at $1 billion or more, the exclusion amount is 25% of the total net long-term capital gains.
- For all tax years after that, the exclusion amount is 50%
- Creates the "Angel Investor Income Tax Credit" to encourage third party investment in early stage businesses
- Provides an income tax credit to investors that make investments in "qualified businesses" in 2011, 2012, or 2013 to be taken in the second year following the year of the investment
- Credit is equal to the lesser of $30,000 or 20% of the aggregate amount of an individual's investments.
- The aggregate cap of all tax credits shall not exceed $3 million per year.
"Qualified businesses" include businesses domiciled in Georgia that employ 20 or fewer people, have gross annual sales of less than $500,000, have not obtained more than $1 million in cash proceeds from the issuance of equity or debt, and have a business net worth of less than $3 million. Also, business must not engage substantially in:
Retail sales; real estate or construction; professional services; gambling; natural resource extraction; financial, brokerage, or investment activities or insurance; or entertainment, amusement, recreation, or athletic or fitness activity for which admission or membership is charged
Eliminates the corporate net worth tax beginning in 2012
- Authored By: Rep. Tom Graves of the 12th
- House Committee: Special Committee on Small Business Development and Job Creation
- Rule: Modified-Structured
- Yeas: 154; Nays: 8
HB 1104 - Juvenile proceedings; graduated sanctions and secure detention for probation violators; provisions
This bill extends the sunset relating to the maximum number of days a child may serve in a youth detention center to July 1, 2013. After that date a court may sentence a child to serve in a youth detention center for a maximum of 60 days. The current maximum is 30 days.
- Authored By: Rep. Jimmy Pruett of the 144th
- House Committee: Judiciary Non-Civil
- Rule: Modified-Structured
- Yeas: 158; Nays:1
HB 1268 - Insurance; time periods and eligibility for continuation coverage; revise
HB 1268 extends the time period for continuation coverage (COBRA) under certain group accident and sickness insurance plans for 15 months. This is done in conjunction with a federal act whereby a subsidy of 65% of the premium cost will be paid by the federal government. This will allow Georgians involuntarily terminated from a small business employer access to federal stimulus dollars to help pay their families health insurance.
- Authored By: Rep. Tom Knox of the 24th
- House Committee: Insurance
- Rule: Structured
- Yeas: 147; Nays:2
HB 1405 - 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create
HB 1405 provides for the 2010 Special Council on Tax Reform and Fairness for Georgians which will consist of twelve members - four economists, Governor Perdue, Senator Zell Miller, the chairperson of the Georgia Chamber of Commerce and the Georgia National Federation of Independent Business, and two members appointed by the Lieutenant Governor and two appointed by the Speaker. The Council will conduct a study of Georgia's revenue structure and make a report of its findings and recommendations for legislation to the Speaker and the Lieutenant Governor not later than January 10, 2011.
The bill also creates the legislative Special Joint Committee on Georgia Revenue Structure composed of six House members and six Senate members - the Speaker, the President Pro Tempore of the Senate, the majority and minority leaders of the House and Senate, the chairs of the House Ways and Means and Senate Finance committees, and two members appointed by the President and two by the speaker - one of each in the majority party and one in the minority party.
The Committee must have legislation introduced that incorporates the recommendations of the Council without significant changes. The legislation will be referred to the Committee and if the Committee recommends that such legislation pass, then the legislation will be voted on by the House of Representatives without amendment. If passed by the House, the Senate will vote on the legislation as it passed the House without amendment.
- Authored By: Rep. Larry O`Neal of the 146th
- House Committee: Ways & Means
- Rule: Modified-Structured
- Yeas: 111; Nays: 55
HR 1203 - Sales and use tax; educational purposes; provide - CA
HR 1203 proposes to amend the Constitution to allow up to 100% of the revenues generated by the local sales tax for educational purposes to be used for maintenance and operations. Currently, the school board may only use the revenues for capital outlay projects of the school system, or the retirement of general obligation debt with respect to capital outlay projects. The resolution calling for imposition of the tax and the local ballot question must include the maximum amount of net proceeds that would be expended on maintenance and operations, and the amount of these proceeds used for M&O that will be used to rollback the millage rate for property taxes, if applicable. This will allow the school boards to have flexibility when deciding how to use their sales tax revenues.
- Authored By: Rep. Butch Parrish of the 156th
- House Committee: Ways & Means
- Rule: Modified-Structured
- Yeas: 141; Nays:19
2010 Legislative Session, Week VI
Hospital Bed Tax Turns Sour
Two weeks ago, a glaring headline on the front page of the Atlanta Journal-Constitution declared that Governor Sonny Perdue's proposed 1.6% provider tax is going nowhere fast. House Appropriations Chairman Ben Harbin (R - Evans) and House Speaker David Ralston (R - Blue Ridge) have both stated that they don't see much support for the measure. Governor Perdue's proposed provider tax, along with a 1.6% tax on HMOs, is purported to close a huge gap in Georgia's Medicaid budget. Spokesmen for the hospital industry have said that the proposed tax would cost the industry up to $48 million a year, while representatives from the governor's office have stated that it would allow for an average Medicaid rate increase for hospitals of up to 14.5%. At the same time, the governor's office has repeatedly stressed that failure to pass the tax would result in a 16.5% rate cut for all providers.
Administration floor leader Rep. Jim Cole (R - Forsyth), a well-respected Republican from middle Georgia, presented the legislation to the House Appropriations Subcommittee on HB 307. Trey Childress, director of the Office of Management and Budget, and Ryan Teague , the Governor's Deputy Counsel, defended the legislation as the next rational step in healthcare funding. They also cited previously instituted provider fees on nursing homes and other medical functions. A long line of speakers formed to oppose the bill in the public comment section. A large number of those in opposition to the provider tax voiced strong support for a proposed tobacco tax, which Lt. Governor Casey Cagle has voiced opposition against. Those opposed to the legislation included the Georgia Alliance of Community Hospitals, HomeTown Health, the Georgia Hospital Association, the Georgia Dental Association, the Medical Association of Georgia and the Georgia Chamber of Commerce. At the conclusion of the meeting, the chairman of the subcommittee, Rep. Mickey Channell (R - Greensboro), told reporters that he had no idea when the committee would vote on the bill or if they would even take a vote on the bill.
Legislature Changes Schedule
With a $660 million deficit in state funds for Medicaid, the legislature is looking for additional time to decide where needed cuts will be made. Many lawmakers contend that they will need to cut over $1 billion to balance the budget because Governor Perdue's budget estimates a 4% growth rate for the year (many are skeptical that we will see that kind of turnaround in the economy). Speaker Ralston has ordered that only the House Appropriations, Transportation, Natural Resources & Environment, and the Ways & Means Committees meet during the two week adjournment.
The current schedule is as follows:
March 8, 2010 - legislative day 21
March 9, 2010 - legislative day 22
March 10, 2010 - legislative day 23
March 11, 2010 - legislative day 24
March 12-14, 2010 - in adjournment
March 15, 2010 - legislative day 25
Senate Passes Amended Budget
It took until the 30th legislative day in 2009, but this year, the General Assembly wasted no time in passing the state's FY 2010 Amended Budget on the 20th legislative day of 2010. The Senate voted 44-6 to pass the FY 2010 Amended Budget, complete with approximately $1 billion in cuts. The vast majority of cuts came from furloughing teachers and state employees for three additional days. The Senate Appropriations Committee made some minor changes to the budget, so the amended budget is likely headed to a conference committee.
Cagle Applauds Senate On Passage of SB 374
SB 374 creates a legislative oversight committee to examine all state funds and programs dedicated to economic development purposes. There are currently five state entities that spend dollars on economic development: the Department of Community Affairs, the Department of Economic Development, the Department of Agriculture, the OneGeorgia Authority and the University System of Georgia. In the upcoming budget year, these agencies will combine for roughly $185 million in economic development projects. Lt. Governor Casey Cagle issued a release praising the Senate for their work on the legislation, citing the importance of using economic development resources wisely in the current economic downturn. The committee will be co-chaired by Lt. Governor Cagle, Speaker David Ralston, and the chairpersons of the House and Senate Appropriations, Economic Development, Higher Education, and Finance Ways and Means committees. The Minority Caucus will also have appointments to the committee.
Vouchers Legislation Passes Committee
SB 361, sponsored by Senate Majority Leader Chip Rogers (R-Woodstock), passed out of the Senate Education & Youth Committee. The legislation would re-name the Georgia Special Needs Scholarship to the Georgia Early HOPE Scholarship program, and would include providing vouchers to certain military and foster children (as well as to continue providing vouchers to students with disabilities). During the 2008-09 school year, $9.2 million in vouchers was distributed, with an average scholarship amount of $6,331.
Transportation-Moving Right Along
Senate Transportation Chairman Jeff Mullis (R-Chickamauga) introduced legislation to change the length of terms for GDOT Board members, SB 448 and SR 1126. Senator Mullis' legislation is nearly identical to Rep. Hamilton's, except in two ways. First, it specifically changes the length of GDOT Board members to "serve for the same term as members of the General Assembly." Legislators currently serve two year terms, but if that ever changed then GDOT Board members would also change. Second, Senator Mullis' legislation allows for a recall of a GDOT Board member by the legislative caucus that elects that member.
Governor Sonny Perdue held a press conference to announce his transportation plan, HB 1218. The legislation would institute a one-cent sales tax for transportation statewide across the next 8 years. The vote would take place on project lists in each of the 12 different regional commissions in 2012. All of those projects, however, would have to be approved by the Director of Planning, a position appointed by the governor. The funds would be spent in the regions in which they are collected with no county opt-out. The legislation would send all new revenues to the State Road and Tollway Authority for management and disbursement. Finally, the legislation suspends the 50/50 restriction on MARTA's budget for three 3 years. The bill also calls for $300 million in bonds as previously announced by the governor's office.
The House Transportation Committee also met and considered SB 305, legislation that would raise the cap on design-build contracts from GDOT from 15% to 30% of the previous year's budget. The legislation was amended to require reauthorization of the bill in 4 calendar years. The legislation will now proceed on to the House Rules Committee and then to the full House.
The Senate Transportation Committee met on Tuesday to consider SR 821, a constitutional amendment proposed by Senator David Shafer (R - Duluth) that would allow GDOT to change their accounting practices from a cash basis to a system of accrual or flow of funds. The change would allow GDOT to leverage more federal funds by issuing contracts on a multi-year basis. The committee addressed questions of whether allowing this type of accounting would be the equivalent of raising the state's debt level. Senator Shafer subsequently answered that the legislation would not create that situation. Senator Shafer also assured the committee that the internal policies adopted by GDOT and the mandates that come with receiving federal dollars would not allow for a situation in which dollars run out, leaving a bridge or other projects incomplete. The legislation was heard without opposition from any parties and passed out of committee unanimously.
The following day, the Sales Tax Subcommittee of the House Ways and Means Committee unanimously passed HB 1135, sponsored by House Transportation Chairman Jay Roberts (R - Camilla). Roberts' legislation seeks to establish the same change as SR 821, only through statutory means rather than by constitutional amendment.
Speaker Ralston announced plans for legislation that would shorten the terms for GDOT Board members.
Rep. Mark Hamilton (R-Cumming) filed HB 1234, and an accompanying constitutional amendment in the form of HR 1446, that would shorten GDOT Board member terms to two years (members currently serve 5 year terms).
GDOT Board Elects New Board Members
The General Assembly gathered to elect board members to the Georgia Department of Transportation's board seats for the 1st and 7th Congressional Districts. In the caucus for the 7th Congressional District, Rudy Bowen was unanimously re-elected to the Board. In the caucus for the 1st Congressional District, Rep. Jay Shaw (D - Lakeland) ran against former state Rep. Buddy DeLoach. Shaw defeated DeLoach on the first ballot. Rumors currently indicate that Shaw's son will run as a Republican to replace him in House District 176.
HOT Lanes Coming to Atlanta
Representatives from several other states joined Georgia Department of Transportation (GDOT) Commissioner Vance Smith, Jr., at the Georgia Freight Depot to provide information on bringing High Occupancy Toll (HOT) lanes to I-85 in Atlanta. HOT lanes have been used around the world as one of the most viable forms of pricing controls on traffic flow. Pricing strategies have been effectively adopted in London, Singapore and Stockholm. The first HOT lane in the United States didn't come online until 1996 in San Francisco, according to Regina McElroy , Director of the Office of Innovative Program Development of the Federal Highway Administration. HOT lanes help manage capacity, manage demand, raise revenue, attract private investment and increase traffic volume served, stated McElroy.
Tina Geiselbrecht , a research scientist with the Texas Transportation Institute, spoke on the success of HOT lanes in other areas around the country. In San Francisco, the percentage of low-income commuters who approved of the HOT lanes on I-15 was 80% as opposed to 70% of high-income commuters approving the measure. Within the first 12 months of opening HOT lanes on SR 167 in Seattle, 1,500 commuters purchased "quick passes." In 2008, Governor Sonny Perdue announced a $110 million federal grant to the State of Georgia for Phase I implementation of a long-term HOT lane strategy in metro Atlanta. This first phase will demonstrate the success of HOT lanes on approximately 15 miles of the I-85 corridor. The total cost of the project will be $182 million.
Report from GDOT Board Meeting
The GDOT Board held its regularly scheduled monthly meeting on Thursday, February 18. The current budget report indicates that 51% of FY 2010 motor fuel revenues have been spent, with approximately $336.6 million expected in future expenditures. Thirty one percent 31% of prior and current year federal authorizations have been spent, with expected future expenditures in the amount of $862 million. Of those expenditures, $153 million has been for personnel services, $890 million for capital outlay and $172 million for operations. One of the biggest challenges the Department is currently facing is the lack of reauthorization by Congress of The Transportation Act SAFETEA-LU, which expired on September 30, 2009. Since that time, the Federal Highway Program has been operating under the Continuing Appropriations Resolution of 2010.
Georgia has only received a small portion of highway revenues - approximately $361 million. This continuing appropriations resolution will be in effect until February 28. The danger is that the capital outly program must be downsized, and any contracts that have been signed without receiving federal funding by the end of the current fiscal year must be funded 100% by motor fuel revenue.
The Alternative Finance (P3) Committee of the GDOT Board re-opened the rule making process to incorporate three changes requested by the House and Senate Transportation Committees on January 21. The public comment period will end on March 22, and the revised final rules will be presented to the legislative transportation committees on March 23. The GDOT Board will offer final approval to the rules on April 15. The "West by Northwest" project (I-75/I-575 & I-285/I-20W) is projected to issue a draft request for proposal (RFP) on June 2, a final RFP on September 10, and accept final proposals on January 31, 2011. The contract is projected to be awarded on March 15, 2011.
As of the March letting, GDOT has currently let a total of 235 projects, not including 623 state aid projects. The vast majority of those projects have been rehabilitation and resurfacing. The projects have totaled $783 million in total lettings. Projects awarded from the regular program year-to-date total approximately $211 million. Of the 37 total projects let in February (13 local let), 24 were advertised, 2 withdrawn and 22 awarded. The March letting included 19 projects, only two of which were funded from ARRA. 12 of the March projects are rehabilitation and resurfacing, two (2) are traffic management, while the remaining 5 are various other projects. The total letting value is $58.3 million, with $2.55 million coming from ARRA funds. 18 of the projects are GDOT let, and the remaining project is a local let. All 19 of the March projects are located in economically distressed areas.
Census Bureau Launches Website en Espanol
With an innovative, unique and digitally rich experience, the U.S. Census Bureau launched its 2010 Census Spanish language Website. The site's goal is to inform the more than 34 million people who speak Spanish at home about the 2010 Census and to demonstrate to the Hispanic community that participation is easy, important and safe.
Rep. Marin Introduces Resolution Recognizing the Boy Scouts of America 100 Years of Scouting Day
To read the resolution click here
Summary of Bills Passed in the Georgia House for the Week of Feb. 8-12
HB 859 - Probationer duties; tolling of probated sentences; clarify provisions
- BILL SUMMARY: This bill allows for the tolling of probated sentences for probationers who are not able to be found or are not responsive to the orders of the court. Existing tolling statutes require that abscondment be proven as a prerequisite of a tolling order.
Authored By: Rep. Rich Golick of the 34th
House Committee: Judiciary Non-Civil
Rule: Modified-Open
Yeas: 159; Nays: 8
HB 1016 - Identity fraud; include businesses as potential identity theft victims; revise
- BILL SUMMARY: This bill clarifies that corporate and other business entities that are targets of identity fraud are protected in the same manner as individuals. Further, it ensures that law enforcement personnel and prosecutors are able to investigate and prosecute identity theft against these entities.
Authored By: Rep. Rich Golick of the 34th
House Committee: Judiciary Non-Civil
Rule: Modified-Structured
Yeas: 167; Nays: 0
HB 896 - Continuances; witness on active duty; change provisions
- BILL SUMMARY: When a defendant demands a speedy trial a continuance tolls the running of that demand if a necessary witness is unavailable for trial because of deployment. The current Code requires a request to the proper military authority, pursuant to the United States Code and other regulations.
The bill strikes the current provisions and only requires a party to provide testimony via affidavits or other documents that the witness has been activated to military duty.
Authored By: Rep. Doug Collins of the 27th
House Committee: Judiciary Non-Civil
Rule: Modified-Open
Yeas: 149; Nays: 1
HB 898 - Driving under the influence; notice of conviction publication; change provisions
- BILL SUMMARY: Currently, if a person is convicted of a second or subsequent DUI within 5 years, then the notice of conviction is published in the local paper. The publication includes, among other information, the photograph, name, and address of that person. The bill strikes the provision that the convicted person's address will be published.
Authored By: Rep. Doug Collins of the 27th
House Committee: Judiciary Non-Civil
Rule: Modified-Structured
Yeas: 152; Nays: 8
HB 908 - Quality Basic Education Act; expenditures, class size, additional days, salary; temporarily suspend
- BILL SUMMARY: This bill gives local systems total flexibility through waivers that: · Eliminate Expenditure Controls - media center, direct instruction, and staff development costs · Eliminate Funding for Additional Instruction Days With this bill, waivers will be available for request by school systems through July 1, 2013. - Previous provisions regarding maximum class sizes and salary schedules were struck out from the original bill with this committee substitute.
Authored By: Rep. David Casas of the 103rd
House Committee: Education
Rule: Modified-Structured
Yeas: 137; Nays: 34
HB 963 - Ad valorem tax; returns of taxable real property; change certain provisions
- BILL SUMMARY: HB 963 eliminates inconsistencies within the ad valorem tax code. In section 1, it eliminates the requirement that property tax returns by submitted in person or by mail. This provision conflicts with another section in the ad valorem code allowing for electronic filing of returns. This bill will allow for electronic filing of such returns.
Section 2 clears up an inconsistency in the code section providing a homestead exemption for those that are 62 and older with income of $10,000 or less. When an amendment to this section was passed several years ago to change the calculation of income to include only the net income of the resident and spouse rather than the gross income of everyone residing in the homestead, the statute was only changed in one of two places, and therefore is internally inconsistent. The result is that counties are applying the law inconsistently, with some counties not implementing the relaxed requirements of the prior amendment. The bill makes the technical correction so that the provision uniformly provides for a calculation based on the net income of the applicant and spouse only.
Authored By: Rep. Larry O`Neal of the 146th
House Committee: Ways & Means
Rule: Structured
Yeas: 162; Nays: 4
HB 542 - Public School Employees Retirement System; maximum allowable benefit; increase
- BILL SUMMARY: This bill relates to retirement benefits payable upon normal, early or delayed retirement under the Public School Employees Retirement system so as to increase the maximum allowable benefit contingent upon funding.
Authored By: Rep. Brooks Coleman of the 97th
House Committee: Retirement
Rule: Modified-Structured
Yeas: 166; Nays: 0
HB 969 - Retirement and pensions; comply with federal law; amend certain provisions
- BILL SUMMARY: The bill authorizes the payment of death benefits if a member of a retirement system dies while performing qualified military service. It clarifies provisions regarding the distribution of benefits for persons who have reached the age 70.5. It specifies that earnable compensation for members of TRS will include deferral contributions as defined by Internal Revenue Code. It clarifies the definition of "plan year" for TRS. Stipulates that "pick-up" contributions paid by employers as pre-tax employee contributions must be paid as retirement contributions that are 100% vested and cannot be received by the members in cash. Requires the employer to certify the retirement date for a member of the TRS and to certify no agreement exists to allow the employee to return to service. It also amends other provisions within TRS, requiring members who wish to purchase additional creditable service to file their application and make their payment at the same time that they file their application for retirement. The bill makes technical corrections to ensure that 60 is the age reported as the normal retirement age in all sections that refer to TRS. It lastly amends provisions relating to the return to service of retired members under the Public School Employees Retirement System.
Authored By: Rep. Howard Maxwell of the 17th
House Committee: Retirement
Rule: Open
Yeas: 165; Nays: 1
HB 947 - Supplemental appropriations; State Fiscal Year July 1, 2009 - June 30, 2010
- BILL SUMMARY: This bill makes certain changes to the General Appropriations Act that was approved on May 11, 2009. It will provide appropriated sums of money for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. - Authored By: Rep. David Ralston of the 7th
House Committee: Appropriations
Rule: Modified-Open
Yeas: 122; Nays: 44
HB 974 - Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions
- BILL SUMMARY: This bill changes the vesting in Peace Officers Annuity and Benefit fund from 10 years to 15 years and requires individuals taking a Leave of Absence to return to work for the number of months they took the Leave of Absence.
Authored By: Rep. Howard Maxwell of the 17th
House Committee: Retirement
Rule: Open
Yeas: 162; Nays: 2
HB 997 - Social Security Coverage Group; State Personnel Administration jurisdiction; provide
- BILL SUMMARY: This legislation updates Chapter 18 of Title 47 relating to Social Security and moves the responsibilities to the State Personnel Administration.
Authored By: Rep. Howard Maxwell of the 17th
House Committee: Retirement
Rule: Open
Yeas: 156; Nays: 2
Under the Gold Dome
Georgia Online Voter Registration
This past Wednesday, Sen. Cecil Staton (Dist. 18) introduced SB 406, which would implement an online voter registration system in Georgia. The system would allow eligible applicants with a Georgia driver's license or state identification card to register to vote through a secure network on the Secretary of State's website. The Department of Drivers Services would also work with the electronic voter system to transmit and collect pertinent information.
Questions have been raised about the safety of online voter registration. The bill proposes software would be used to make sure the applicant is a U.S. citizen and that his/her address and other information are correct. Still, the bill fails to address possible accuracy issues with the DDS database.
Secretary of State Brian Kemp has already announced his support for this bill, saying it's a "common sense" measure that would increase access to elections, save tax money, and prevent voter fraud. Kemp also helped craft the bill, and several senators are joining Sen. Staton to sponsor this piece of legislation.
Georgia historically ranks last in percentage of citizens who are registered to vote, so a reform in the voter registration process is long due. However, several details of the bill should be revised or clarified before it is considered as possible legislation.
Georgia is not the only state looking for a secure solution for its constituents. Nine other states have or will be implementing online voter registration systems, and at least seven states have similar legislation pending.
If SB 406 passes the General Assembly, it will have to go the US Department of Justice for pre-clearance.
House passes FY 2010 Supplemental Budget
The Georgia House adopted an amended state budget Thursday that cuts approximately $1.2 billion for the current fiscal year. The cuts include changes in appropriations to Health and Human Services, such as $940,000 in Administrative Services. The FY 2010 Supplemental budget calls for furloughs of state personnel including teachers, caseworkers, and food stamp eligible workers. It also cuts funding for independent living programs, domestic violence shelters, and recruitment and screening of prospective adoptive parents.
It restores funding for the Alzheimer's Center, Harrison County Senior Citizen Center, DeKalb County's Meals on Wheels service. Additionally $274,000 was restored to the Autism Center. Funding for a new database was delayed. The House also rejected the Governor's plan to pay for certain scholarships with lottery reserves. Instead, it proposed funding those scholarships with general revenue funds. The FY 10 Amended Budget now moves to the Senate for consideration.
End of Hawk System in Georgia House of Representatives
After suffering years of abuse under former Speaker Glenn Richardson's "Hawk" system, the Georgia House of Representatives last week passed an amendment to the House rules that ends the era of "Hawks."
The Hawk system was a clear violation of the concept of one person, one vote and representative democracy in Georgia. It allowed the Speaker to control the outcome of every vote, in every committee, every time. The Speaker selected several Republican Representatives and gave them special authority to attend any committee meeting and vote on any bill. The Hawks were frequently used to push the Republican leadership's political agenda with complete disregard for Georgia's best interest.
House Democrats have been pushing for this and other rules changes for five years.
While we are thrilled with the end of the Hawk system, this is just the first step towards restoring representative democracy in Georgia. It is a great first step towards the kind of rule changes we have been demanding and the kind of changes we need to create transparency and better serve Georgians.
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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