WEEKLY LEGISLATIVE REPORT – March 24, 2006

House approves immigration reform legislation

By Rep. Hugh Floyd

On Thursday, the state House of Representatives voted 123-51 to adopt legislation that attempts to stem the tide of illegal immigrants into Georgia.

Senate Bill 529, as amended by the House, would require people to prove their legal status prior to receiving government benefits like Medicaid, bar businesses from employing undocumented immigrants for government-funded projects and prohibit companies that employ foreign nationals from taking a state tax deduction on the wages afforded to these workers.

The legislation also absorbed another House proposal that would require illegal residents to pay a 5 percent transfer fee on money wired outside the U.S.

This legislation is an important first step toward addressing a serious problem in Georgia.  Critics of the proposal say that immigration reform is a federal issue, but we should do as much as we can at the state level to assure our laws are followed.  I feel that with Georgia and other states taking a stand, it will encourage our congressmen, U.S. senators and the Federal government to move on these issues.

I did support an amendment that would have moved the effective dates of the new law to the period between 2009 to 2011 rather than 2006 to 2009. This would give the federal government more time to address the immigration problem as well as delay any negative impact to the state’s economy. However, the amendment failed by a vote of 69-97.

SB 529 now goes back to the Senate, which will consider the House’s changes to the proposal.

Also this week, the House overwhelmingly approved a proposal that would allow Georgia high schools to offer classes on the Bible. SB 79 would let school systems form elective high school courses on the cultural and historical literature of the Old and New Testaments.

I supported this bill because the Bible is the basis for much of our history, literature, music and art. It is woven into the very fabric of so many things that are taught in Georgia schools.

While there is concern over some of the specific language in this bill – including mandates and timelines – I believe that overall it is a good first step toward broadening our students’ educational horizons and preparing them for college and life.

Legislation allowing people to defend themselves with deadly force in public areas after being threatened was passed by the House. Currently, a person can use deadly force to defend themselves while in their home or vehicle after being threatened. Under SB 396, if a firearm is used the person must be the legal owner. Having already passed the Senate, the measure now awaits the governor’s signature before becoming law.

House members balked at legislation that would have extended the waiting period for divorcing couples with children. A motion was passed to send SB 25 back to the House Rules Committee, a move that will likely kill the measure for this session. By the time it reached the House floor, it had been gutted beyond recognition, but the original Senate proposal extended waiting periods for no-fault divorces from 30 to 120 days for childless couples and to 180 days for parents of children under 18.

There is more good news on the Medicaid estate seizure issue. The Senate Appropriations Committee has passed a substitute bill that would stop the state from seizing the homes of existing nursing home patients. Under the Senate committee substitute, the federally mandated estate recovery guidelines would apply to those who go on Medicaid after the law is passed.

As amended, HB 1473 would also require written notice to Medicaid applicants of estate recovery policies. Consumer advocacy groups applauded the measure because many have been admitted to nursing homes without being told their homes were subject to confiscation.

Just last week, the House passed a Medicaid bill with an amendment I supported that raised the value of homes exempted from less than $25,000 as established by the Department of Community Health, to as much as $100,000.

Legislation that would create a statewide central registry for traumatic brain and spinal cord injuries wasalso approved by the House. Furthermore, SB 208 changes certain definitions and requires certain information relating to brain or spinal cord injured persons to be reported to the Brian and Spinal Injury Trust Fund Commission.

House members adopted HR 1341, which would create the Joint Study Committee on Direct Entry Midwifery. Currently, the Georgia Board of Nurses authorizes certified nurse midwives (CNMs) to attend women in childbirth, but those certified must be registered professional nurses who have graduated from an American CNM accrediting program, and almost none practice in out-of-hospital settings. Recent studies indicate that women using Certified Professional Midwives are as successful as in-hospital births.

Lawmakers were also honored to welcome Gen. Norman Schwarzkopf to the Capitol. Leader of the Desert Storm operation in the Gulf War of the 1990s, he urged House members to continue supporting the soldiers in currently fighting in Iraq.