FINAL LEGISLATIVE WRAP-UP - April 17, 2009
2009 legislative session: what passed, what failed
With the 2009 session of the Georgia General Assembly now completed, I want to thank the people of House District 99 for allowing me to serve as your representative at the State Capitol. I pledge to continue fighting on your behalf on the issues that are important to us here in Gwinnett County and the entire state. This week, I would like to review the actions of the House of Representatives and the Senate on some of the major legislative proposals during this year's session.
The following measures were passed by both the House and the Senate and will become law if signed by the governor:
HB 119 proposes a fiscal year 2010 budget that includes $1.3 billion in federal stimulus funds and reflects deep spending cuts to address a $3 billion shortfall in state revenues. Lawmakers did add back funds to avoid Gov. Perdue's proposed 10 percent cut in Medicaid reimbursements to hospitals and 6 percent cut in repayments to physicians. The final version also added $140 million to the budget to take care of an expected financial deficit for Medicaid next year due to rising unemployment in the state. Legislative budget writers also rejected the governor's plan to eliminate school nurses, adding $30 million back to the budget for that program. Unfortunately, HB 119 fails to include funding for the Homeowner Tax Relief Grants the state provides to local governments. The result will be a $200-$300 property tax increase for the average Georgia homeowner later this year.
HB 120 renews Georgia's sales tax holiday periods. If the governor signs the bill, Georgians can shop for school supplies and clothing without paying a sales tax July 30-Aug. 2. The tax-free period for energy- efficient products would be Oct. 1-4.
HB 157 makes it easier for college students to continue using HOPE Scholarship funds for book purchases and related fees. HB 157 would modify the "trigger" mechanism that currently requires the state to cut back on using Georgia Lottery revenues for HOPE funding to reimburse college students for textbook purchases.
HB 160 adds a $200 fine against "super speeders," motorists who are convicted of driving more than 85 mph on a four-lane highway or more than 75 on a two- lane road. According to the bill's sponsor, revenues raised by the extra fees would go toward trauma care funding.
HB 217 allows pharmacists to continue administering flu vaccines. The "Access to Flu Vaccines Act" allows a doctor to enter into agreements with pharmacists and registered nurses to order and dispense the shots without each one needing a separate prescription.
HB 228 reorganizes the state Department of Human Resources, dividing the agency into three departments: one for behavioral health issues, one for public health and one for child support, aging and developmental disabilities.
HB 229 requires public school systems to conduct an annual fitness assessment and comply with state physical education instruction requirements.
HB 233 freezes property valuation reassessments for two years.
HB 243 would cut the additional pay for educators who earn national board certification in the future.
HB 251 allows students to transfer from one school to another within a school district, provided there is room to transfer.
HB 261 stimulates the housing industry by giving home buyers a one-time income tax credit of up to $1,800.
HB 310 would expand the recycling program in state buildings, adding steel cans, plastic and glass bottles and cardboard to the list of items collected for recycling, joining aluminum and paper.
HB 388 authorizes the adoption of human embryos.
HB 481 provides a tax credit of $2,400 to businesses when they hire an unemployed worker, suspend the collection of $100 corporate filing fees, cuts the capital gains tax by 50 percent and eliminates corporate net worth taxes for businesses.
HB 482 eliminates the state's inventory tax on businesses.
SB 13 would allow a "life without parole" sentence in murder cases when the prosecutor does not seek the death penalty.
SB 20 would prohibit local governments from adopting "sanctuary policies" that protect illegal immigrants from being arrested or deported.
SB 31 allows Georgia Power to raise its customers' rates to finance the construction of two nuclear reactors at Plant Vogtle, six years ahead of when they are scheduled to be up and running. The expansion is expected to cost $14 billion.
SB 55 requires tax assessors to consider the impact on property values of home foreclosures and bank sales of comparable real estate, along with the decrease in property values caused by conservation easements.
SB 80 strengthens food inspection regulations and require immediate reporting of any tests that show contamination. The proposal is aimed at preventing future situations like the shipping of salmonella-tainted peanut butter products from the Peanut Corp. of America plant in Early County.
SB 86 requires Georgians to produce birth certificates, passports or other documents proving U.S. citizenship in order to register to vote.
SB 155 removes buffer zones from streams carrying mostly rainwater.
SB 168 would require the Department of Revenue to release the names of legislators who have not paid state income taxes.
SB 200 creates a new position of Director of Planning at the Department of Transportation, who is appointed by the governor. They are charged with developing a long term plan for the DOT which is submitted to the governor and General Assembly for approval. But DOT board members and rank-and-file Senators and House members, who have a say in what projects are funded now, would have their voices limited under the bill. Top Senate and House leaders and the governor would have greater authority over the DOT appropriations process. The DOT commissioner would still be appointed by the board but would only be responsible for running the department and implementing the long range plan. Members of the General Assembly currently elect DOT board members from the state's 13 congressional districts.
The following legislation passed the House but is still pending in the Senate:
HB 277 and HR 206 would allow voters to decide on a statewide one-cent sales tax to generate $25 billion over 10 years for transportation improvements.
HB 480 would eliminate the yearly ad valorem tax on vehicle license plates and replace it with a one-time title fee.
These measures passed the Senate but are still pending in the House:
SB 5 would remove the exemption to Georgia's seat belt law for drivers and passengers in pickup trucks.
SB 39 and SR 44 would authorize multicounty regions to levy an additional 1-cent sales tax if a referendum is approved by the voters in those regions.
SB 67 would have required driver's license examinations to be conducted in English only.
SB 84 would give the governor the power to remove elected members of local school boards.
SB 120 would have relieved MARTA of the requirement to use 50 percent of its sales tax revenue on capital expenditures, authorizing the transit system to use more of the funds it has already collected to make up its operating deficit.
SB 169 would outlaw embryonic stem cell research in our state, even though many in the medical and scientific communities believe such research could lead to treatments for major diseases, including Alzheimer's and Parkinson's, and spinal injuries.
SR 277 calls for a constitutional amendment authorizing a $10 annual fee on motor vehicle registrations, with the proceeds going directly to the trauma trust fund.
The following proposals were defeated or failed to get out of either house this year:
HB 39 would have increased the state tobacco tax by $1 per pack.
HB 67 would have reinstated the state sales tax on groceries, which was removed in the 1990s.
HR 1 would have changed the constitution to cap increases in property tax valuations.
HB 138 and SB 16 would have authorized local referendums on Sunday package sales of alcoholic beverages.
SB 49 and SB 56 would have prohibited pharmacists from making generic substitutions for immuno- suppressive and anti-epileptic drugs.
SB 83 would have raised the annual homestead exemption from $2,000 to $4,000.
SB 90 would have provided taxpayer- funded vouchers for parents to send their children to private schools.
SB 164 would have allowed outdoor advertising companies to clear-cut trees in public rights of way where billboards are located.
