 |
 |
 |
 |
 |
||||||
HOUSE INFORMATION
OFFICE
ROOM 505, LEGISLATIVE OFFICE BUILDING
ATLANTA, GEORGIA 30334
404-656-5082 1-800-282-5800
2004 Final Wrap-Up
Back to PIO
The second regular session of the 147th General Assembly convened at 10:00 a.m. on Monday, January 12, 2004 and adjourned Sine Die on Wednesday, April 7, 2004 at midnight. 138 general house bills and 160 local house bills and 71 general senate bills and 25 local senate bills have passed both the chambers of the legislature and are on their way to the governor for his signature. The Governor has 40 days after the session ends to veto bills, sign them into law, or allow them to become law without signing.
Special Session - Governor Perdue has indicated he will call a special session of the General Assembly because HB 1181, which is the state's budget for fiscal year 05 that would take effect July 1st, is out of balance by $57 million. Georgia's constitution requires a balanced state budget. The discrepancy is because a compromise could not be reached on HB 869, which would have provided funds in the budget for the new public defender system through court fines and fees. The Governor determines which issues will be on the agenda for the special session. It will cost approximately $45,000 per day to hold a special session and some lawmakers have suggested the Governor should have modified the spending plan to put it in balance.
Redistricting - A three judge panel and a special master appointed to oversee redistricting have drawn final House and Senate maps that will be used in the 2004 elections. In February a three judge federal panel in Atlanta overturned the state House and state Senate district maps that were drawn during the 2001-2002 legislative sessions. In their decision the judges declared the composition of the districts violated the constitutional principle of one person, one vote, and ordered the General Assembly to redraw the boundaries by March 1st. However, the General Assembly missed the March 1st deadline to adopt new legislative maps so a special master was brought in to draw district lines that were "politically blind". The ruling is the result of a lawsuit filed by 29 voters against the current district maps.
To go to the Reapportionment Office click here
Major Legislation that Passed both the House and the Senate:
Banning Same Sex Marriage - SR 595 was adopted and calls for a constitutional amendment on this November's ballot that would give voters the choice to define marriage only as a union between a man and a woman. Same sex marriage has been illegal in Georgia since the General Assembly passed the Defense of Marriage Act in 1996. Georgia also does not recognize same sex marriage's from other states. However, a majority in the House feared a judge could redefine marriage without the consent of lawmakers and language was needed in the constitution to address the issue.
State Budget Compromise - HB 1181 is the state's $16.4 billion spending plan for fiscal year 05 which begins July 1st and runs through June 30th of next year. Budget conferees were able to hammer out a compromise between the House and Senate versions. Some major highlights include $200 million restored for K-12 education over the Governor's proposal, $368 million dedicated to the Medicaid program that provides care for the elderly and poor, $116 million restored for books and fees covered through the HOPE scholarship, a continuation of the state's property tax relief program for homeowners, almost $1 billion in bonds for construction projects, 2 percent pay raises for state employees and teachers that will begin in January and $1 million for the daily operations of a commuter-rail link between Atlanta and Lovejoy.
Other highlights include:
$1 million to prevent the closure of the Craig Nursing Home in Milledgeville, Georgia.
$350,000 for Georgia's public libraries
$900,000 in additional funds for the PINES system which helps libraries share books and resources statewide.
$500,000 for the state's Quick Start Program, which works with new industries to provide specialty job training for potential workers.
$60 million in bonds for major repair and renovation projects throughout Georgia's University System.
$21 million in bonds to help the state Department of Technical and Adult Education to replace existing equipment, and purchase new equipment at various state technical colleges.
$13.7 million in bonds to construct and equip a new classroom building for Heart of Georgia Technical College
Midyear Budget - HB 1180 is the state's $16.1 billion revised spending plan for the current fiscal year that ends June 30th. After two weeks of negotiations, conference committee members were able to find agreement and provide $172 million in Medicaid funding, which will allow the state to pay doctors and hospitals that treat elderly and poor patients under the program.
The compromise midyear budget also contains: $118 million for local school districts to cope with growing enrollments, $17 million to fully fund PeachCare, $1.3 million needed to save the state's emergency dental program from elimination, $354,608 to fully fund the Katie Beckett Waiver Program which helps parents with children who are severely mentally disabled, $250,000 to soften the blow from the Governor's recommended reduction in funds for the state's libraries, $166,000 to restore funding to help low-income and at-risk mothers to deliver healthy babies, $100,000 to reduce the Governor's recommended cuts to Georgia's QuickStart program, which works with new industries to provide specialty job training for potential workers, $50,000 to restore funds for the "Three O'clock Project," which helps to steer at-risk children away from drugs by promoting academic excellence and a healthy lifestyle and $25,000 recommended by House conferees to reduce cutbacks to the state's adult literacy program.
To go to the House Appropriation Committee click here
To go to the Legislative Budget Office click here
Saving the Hope Scholarship - HB 1325 tweaks the HOPE Scholarship Program to make sure it remains solvent well into the future. Changes in HOPE had to be considered because projections indicate the program, which is funded by the lottery, will begin dipping into reserves in a few years. The number of HOPE scholars and the cost of tuition, fees and books are expected to rise faster than lottery revenues. Enter HB 1325, which caps the amount of school fees covered by HOPE at current amounts starting this year. After that, HOPE's $300-per-year book allowance would drop to $150 after the first time HOPE's reserves decline from one year to the next. The second yearly drop in reserve funding would cut all book allowances, except for Pell Grant recipients, and the third such funding drop would remove all fee coverage from HOPE. HB 1325 also checks most HOPE students grades every spring, instead of after taking a years' worth of classes. The state currently pays an extra semester for a student who dropped classes to avoid the checkpoint. However, part-time students would get three terms before being checked. Also, starting in 2007, high school seniors would need a 3.0 grade point average to qualify for HOPE, not the current 80 numerical average. An 80 mark is a C in many school systems, not a B, so a third of current HOPE recipients are thought to have a grade point average below 3.0. Finally, HB 1325 requires the HOPE scholarship's finances to be monitored by a legislative committee which would suggest more changes if needed.
Child Endangerment - SB 467, which is a part of the Governor's legislative package and a major initiative championed by Lt. Governor Mark Taylor, would make parents criminally accountable for negligent behavior that endangers their children. If convicted, they would face a felony crime of child endangerment with a prison sentence of one to 20 years. An example of negligent behavior would be if a child died from heat exhaustion after being left in a parked car, or if they were seriously hurt after being left at home for a weekend unattended. Another provision makes it a felony for someone to manufacture or possess methamphetamine in the presence of children, subject to up to a 15 year prison term for each act. There already is a felony charge of child cruelty, but many cases get dropped because that crime requires prosecutors to prove malice or intent. Georgia was the only state in the nation without a felony child endangerment law.
Allowing Atlanta Sewer Tax - HB 709 is omnibus tax legislation that provides a mechanism for the city of Atlanta to hold a referendum to levy a 1 cent on the dollar sales tax to help pay for court ordered sewer improvements and maintenance expected to cost $3.2 billion. If approved by voters, the new tax could generate as much as $100 million annually. The measure allows Fulton County to call a referendum on a special-purpose local option sales tax increase to 8 percent. If the county fails to call for a referendum or if the county calls for a referendum and it fails then Atlanta could call for a vote on a city-only increase in the sales tax. Atlanta has been fined millions for not meeting certain environmental regulations regarding its sewer system and this legislation is an attempt to help pay for the necessary improvements. Another provision allows for Columbus to call for a vote on another penny-on-the-dollar in sales tax. Finally, HB 709 would exempt the first $50,000 of a disabled veteran's home from ad valorem taxation.
Pay Day Lending - SB 157, the Payday Loan Act of 2004, seeks to rein in payday loan companies who provide fast cash to a customer by securing their next paycheck as collateral. Georgia usury law prohibits loans with interest above 60 percent a year, but many lenders in this business routinely make loans beyond 500 percent interest a year. As the law previously read, violating the usury laws constituted only a misdemeanor making enforcement almost non-existent. SB 157 says those who violate the state's criminal usury cap of 60 percent annual interest could be charged with racketeering and face as much as 20 years in prison and fines of $25,000 per transaction. Borrowers also could bring class-action lawsuits that could result in significant money damages against the lenders. SB 157 also requires payday lending companies to get licensed and adhere to the Industrial Loan Act of 1955. Those who fail to do so would subject them to class action suits and prosecution under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Enforcement would be carried out by private attorneys, district attorneys or by the state's Attorney General and the state could tax profits of illegal lenders at a rate of 50%. However, SB 157 does exempt industrial lenders from class action lawsuits.
K-12 Education - HB 1190, is a part of the Governor's legislative agenda and provides for more flexibility and accountability in K-12 education. The measure gives local school districts more control over state funding and the ability to delay class-size reductions in grades four through 12. Also under the bill, this year's third-grade students still will have to pass the state's reading test to move up to fourth grade but HB 1190 allows those students who fail the test to enter "transition classes" at the beginning of the next year. They would get extra tutoring and, if they were able to pass the test at any time that year, they would be immediately promoted to fourth grade. An outside firm will be hired to monitor the progress of students who fail the exam. Another provision says groups trying to form charter schools must detail the exemptions they seek from state education law about direct instruction and school governance, rather than detailing every exemption they seek. On the subject of reducing truancy, HB 1190 revokes the license of a teenager younger than 18 not enrolled in school or an alternative academic program unless a hardship can be proved. The bill also calls for the formation of truancy councils in each county. Finally, each school system must develop and give to the state a written policy on whether to have recess under HB 1190.
Department of Early Care and Learning - SB 456, is a part of the Governor's legislative agenda and creates a new Department of Early Care and Learning replacing the current Office of School Readiness. It would centralize administering and regulating early childhood state government run programs such as Pre-K and Head Start. Another provision places licensing of state run day care centers, group day care homes and family day-care homes under the new department's purview.
Water Planning - HB 237 is a hold over legislation from the 2003 Session and gives the General Assembly a say in the state's water plan. Under the bill, the state Department of Natural Resources' Environmental Protection Division, with oversight from a water council of state agency heads and legislative appointees, would come up with a statewide water plan by July 1, 2007 and present it to the General Assembly no later than January 2008. The General Assembly would have to approve the plan and if not the council could submit a revised plan up until the halfway mark of the session. Beyond that, legislators could come up with their own plan. The last version submitted by the water council would go into effect by default on July 1, 2008 if legislators don't approve their own plan. HB 237 does not allow farmers to sell water their water withdrawal permits which was the most controversial provision of the original proposal.
Hunting and Fishing - HB 1362 allows Georgia residents who hold a lifetime sportsman's license in this state to purchase a lifetime license for their nonresident grandchildren. The child must be under age 16 and proof of lineage would be required to establish the grandparent's relationship to the child. The cost of the license for the nonresident grandchild would be twice the cost of an adult lifetime membership, or $1,000. Georgia currently allows for the purchase of lifetime licenses for resident children at a reduced price. Additionally, HB 1362 would extend a sizeable discount to Georgians between the age of 60 and 65 who purchase the lifetime sportsman's license. Residents over age 65 would receive the lifetime license free of charge.
Foster Care Bill of Rights - HB 1580, the Foster Care of Rights, is a part of the Governor's legislative agenda and provides potential foster parents with the right to background information and additional reports on a child's mental health and physical health from the agency that oversees foster care, the state Division of Family and Children Services. Also, foster parents would have the right to be notified of children's emotional or behavior problems before their placement. Parents would also have the right to refuse to take in a child.
Banning MIRT Devices- HB 1113 would make it a misdemeanor for any person other than law enforcement, fire department or emergency personnel to posses with the ability to use, sell or purchase a MIRT device. A MIRT device, or mobile infrared transmitter, can change signals from green to red in two seconds by sending infrared beams to traffic light receivers. It is used by police and fire departments to clear intersections and halt opposing traffic on emergency runs. They can sit on the dash and be plugged into a car's 12-volt battery. Only law enforcement and emergency vehicles would be able to use the devices, sold on the Internet, which send out a radio wave to change traffic signals, under the legislation.
Tracking Child Molesters - SB 469 allows a judge to sentence those convicted of child molestation to wear a tracking device with global satellite positioning. The device could be programed to determine if a child molester enters park, school yard, or other areas where children gather.
Sexual Offense Registry - HB 1093 would put first offenders of 'sexual offense of a minor' on Georgia's sexual offender registry. Currently people receiving first offender status have not been added to the registry. The measure also requires the courts to provide notification of a defendant's order of discharge and exoneration.
Reducing Traffic - SB 525 would allow motorists that get into accidents where no injury occurs to move their vehicles to the side of the road before police arrive on the scene. Current law provides for this option only on expressways and multi-lane highways, SB 525 would expand this to include all public roads.
Selling Children - SB 281 makes it a felony for any parent or guardian to sell their children or conspire to sell their children. Those guilty would face a felony with a possible fine of $10,000 and a ten year prison sentence.
Film Piracy - SB 439 makes it illegal to use an audiovisual device to record a motion picture while it is being shown in the theater. Those convicted of the first offense would be guilty of a high and aggravated misdemeanor and a second offense would be a felony. Theater managers would also have the right under the bill to hold someone suspected of illegal filming until police arrive to determine if the law has been broken.
Finding Missing Children - SB 400, which is a part of the Governor's legislative agenda, shields television and radio stations participating in Levi's Call from lawsuits. This is the program where information on missing children is quickly handed from law enforcement agencies to the media to get the word out to the public. The media reads a Levi's Call as soon as they receive the information. Levi's Call is named after Levi Frady who was abducted and killed in 1997.
Poultry Producers - HB 648 gives poultry growers three business days to have contracts with poultry producers reviewed by an attorney. Other provisions require processors to provide growers with statistical information and allow growers to be present when the processors weighs their poultry. Poultry, at $2.4 billion, is the number one agricultural product in Georgia
Solid Waste Facilities - HB 1083 prohibits the permitting of a disposal facility or solid waste handling facility within one mile of a outdoor recreational camp for kids under 18 years of age. The camp must have also been in operation for at least 25 years.
HOT Lanes - SB 489 allows for the future implementation by the Department of Transportation, with the General Assembly's approval, of HOT lanes (High Occupancy Toll Lanes). These would be HOV (High Occupancy Vehicle) lanes that could be driven in by solo drivers if a fee has been paid. The measure also allows buses and motorcoaches to move into HOV lanes while traveling down the highway, which is currently prohibited.
Transportation Projects - SB 553 allows the state Department of Transportation to roll engineering and construction work for large projects into a single contract to get projects done faster because construction can start while engineering is under way.
Obesity Lawsuits - HB 1519, the Common Sense Consumption Act, shields restaurants, food producers and beverage companies from obesity-related lawsuit. Food that was mislabeled or sold illegally is not covered by the bill. This legislation stems from a class action lawsuit filed against McDonalds.
Judicial Emergency Act - HB 1450 allows the Chief Justice of Georgia's Supreme Court or the Chief Judge of the Court of Appeals to declare a state of emergency during a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's, litigant's, state official's, or other person's ability to comply with court deadlines. They could then authorize procedures to keep the judicial system in Georgia operating.
Drug Trafficking - HB 1441 would send convicted Ecstasy drug dealers to jail for a minimum of three years. Georgia does not currently have a trafficking penalty for Ecstasy which is the fastest growing abused drug by those under the age of 25. It is considered more dangerous than cocaine by the U.S. Drug Enforcement Administration.
Fleeing Police - SB 297 makes it a felony to flee a police officer. Currently it is only a misdemeanor to refuse to stop a vehicle for a police officer.
Irrigation Systems - HB 1277 would require all new electronically controlled irrigation systems within the metropolitan area water-planning district to have a rainfall sensor shut off switch.
Preserving Forests -SB 480 sets up the Forest Heritage Trust Program that would identify, acquire and preserve forest areas in Georgia. The program would be administered by the State Forestry Commission and would not cost the state any money.
Protecting Guide Dogs - HB 211, makes it illegal to harm or bother a guide dog or otherwise interfere with a working animal and establishes a fine of up to $500 or a 90 day jail sentence.
Eminent Domain - HB 373 requires power companies to hold public meetings before they begin legal proceedings to condemn private property for the construction of electric transmission lines.
Condemned Inmate DNA samples - SB 482, which is a part of the Lt. Governor's legislative agenda, will allow the state to take DNA samples from death row inmates and prisoners serving life sentences to help solve cold cases. Current law only allows DNA samples to be taken upon an inmate's release from prison.
Tax Credit for New Coke Museum - HB 1528 would exempt sales taxes on building materials for the construction of the proposed World of Coke museum which will be next to the new Georgia Aquarium in downtown Atlanta.
Stream Buffers - SB 460 requires the Environmental Protection Division to develop rules on how it issues permits that allow streamside land to be disturbed. Buffers of trees, grass and other vegetation serve as natural filters of polluted runoff from parking lots and streets.
Organ Donor Tax Credit - HB 1410 provides a state income tax credit to organ donors for lost wages. The legislation would cap the tax credit at $10,000.
Dredging Sand - HB 727 requires beach sand that was dredged from Georgia's coastal rivers be used to replenish the state's beaches.
Electronic Prescriptions - SB 179 allows pharmacist to receive prescription orders through e-mail.
Civil War Monuments - SB 588 bans desecration to any private war veteran display.
Registering to Vote - SB 541 allows people to register to vote when getting a hunting and fishing license.
To view legislation click here
Georgia House of Representatives
Public Information Office
-----------------------------------------------------------