State House Update

Friends and Neighbors-

I listed 30 bills below for your review that have broader interest and significance. Each was passed by the Georgia General Assembly and signed by the Governor. I wrote additional notes after the listing of bills.

In a subsequent and final update on the legislative session, I will explain selected legislation introduced this year, but not yet passed or defeated. Each piece of legislation represents a significant or controversial issue. The bills remain alive for 2008; you never know which ones will "get legs" next session.

As always, I value your feedback.

Best-

Jan Jones
State Representative - District 46
(Serving northwest Fulton, including Milton, Roswell, Alpharetta and Mountain Park)

2007 STATE LEGISLATION SIGNED INTO LAW

*Should you want to read the full text for a piece of legislation, go to http://rs6.net/tn.jsp?t=5w5e4acab.0.nh86l7bab.cjjqc7bab.1766&ts=S0254&p=http%3A%2F%2Fwww.legis.state.ga.us%2F, click on Legislation and type in the bill number.

HB 2 - Annexation dispute resolution

Requires binding arbitration between a city and a county in an annexation dispute.

HB 24 - Georgia Advance Directive for Health Care; includes form to fill out

Provides for an advance directive for health care, which combines provisions of a living will and a durable power of attorney for health care. Provides for health care treatment preferences and a physician's responsibilities.

HB 107 - Franchise fee transparency (Authored by Rep. Jan Jones)

Requires utilities disclose and itemize city imposed franchise taxes on customers' bills. Increases transparency of taxes and accountability of local governments. Franchise taxes are passed on to customers 100 percent and range from 3 - 5 percent on electric, natural gas, garbage, wired telephone and cable services. The tax rates and number of services taxed varies by city. Counties are only allowed to levy franchise fees on cable service.

HB 128 - Sales Tax Holidays

- School-related and computer sales tax holiday - August 2-5; save 4 percent on purchases
- Energy efficient products up to $1,500 sales tax holiday - October 4-7; save 4 percent on purchases

(The Governor signed 19 bills providing tax breaks and vetoed another 8.)

HB 131 - Georgia's HERO Scholarships

This bill expands the HERO college scholarship to include surviving spouses of deceased members of the Georgia National Guard and surviving spouses of deceased members of the military reserve.

(This is the only Higher Education bill passed by the legislature and signed by the Governor; another was vetoed. A Higher Education tax-related bill, HB 225, was also signed into law.)

HB 132 - Harbor Pilots

Increases the number of harbor pilots from 17 to 21 in Savannah and from 6 to 8 in Brunswick. As Georgia's economy grows, these ports are becoming busier. The extra pilots will ensure these ports continue to operate smoothly.

HB 147 - Ultrasound Act

Establishes that if an ultrasound is performed prior to an abortion, a woman will be offered the opportunity to view it.

HB 186 - Bio-Fuels sales tax

Provides a sales tax exemption for construction materials for any bio-fuels facility primarily dedicated to producing and processing ethanol, biodiesel, butanol and their byproducts.

HB 214 - Jekyll Island

This bill reaffirms that only 35% of the island shall be developed and that the remaining 65% shall be protected. It extends the life of the authority and leases by 40 years upon their expiration. Creates a joint committee in the General assembly, called the Jekyll Island - State Park Oversight Authority, to advise the General Assembly on the Jekyll Island Authority's compliance.

HB 225 - Higher Education Savings Plan

Expands a state income tax incentive to non-parents (grandparents, for example) and parents making greater than $100,000 filed jointly and $50,000 filed individually for higher education savings up to $2000 per beneficiary/child.

HB 232 - Georgia Development Impact Fee Act

Will require transportation impact fees assessed by cities or counties on new developments to be spent in the area and for the purpose they were levied.

HB 227 - Consumer Choice for Television Act

Allows Georgians more television choice through cable TV providers and video service providers. Increased competition will likely drive down retail prices for consumers.

HB 314 - DNA analysis of sex offenders

Allows the GBI to collect DNA from anyone put on probation for a sex offense on or after July 1, 2007.

HB 369 - Shared parenting

Comprehensive overhaul on how child custody matters are handled in the GA Courts. The bill is a result of a 2006 study committee and extensive input from judges, lawyers, psychologists, parents and children who have gone through the judicial process. Ensures both parents are treated fairly in the court system, and that the focus on any decision is based solely on the best interests of the child. Encourages greater cooperation between parents by requiring they submit parenting plans to the court prior to any contested court hearing and encouraging parents to engage in alternative dispute resolution prior to any hearing.

HB 394 - 911 Emergency fee allocation

Will bring over $300 million to cities and counties around the state for 911 emergency services at no additional cost to taxpayers. The bill requires dollars that were previously not being properly returned to local governments to be returned in the future. A grant fund will allow the poorest counties to provide a higher level of response to emergency calls.

HB 429 - HIV Pregnancy Screening Act

Requires prenatal care physicians to screen pregnant women for HIV unless the woman declines.

HB 463 - State soil and sedimentation requirements

Compromise bill passed overwhelmingly to modify original soil and sedimentation requirements. Clarifies that at least one person meeting education and training requirements will oversee land disturbing activities as representative of the project.

HB 497 - Parental rights

Allows a biological father to terminate parental rights prior to the birth of a child if an adoption plan is in place.

HB 551 - State False Medicaid Claims

Would allow individuals to take action as they become aware of Medicaid fraud or false claims. They would be able to petition the State Attorney General to review their case. The bill is modeled after the Federal False Claims Act. Other states that have passed similar legislation have been able to recoup millions of dollars paid out in fraudulent claims.

SB 5 - Real ID Act

Authorizes the Governor to delay compliance with provisions of the federal REAL ID Act until the Department of Homeland Security expressly guarantees that implementation of the Act will not compromise the economic and biological privacy of Georgia's citizens. Prohibits the Georgia Department of Driver Services from issuing an identification card, license, permit or other official documents to non-citizen applicants unless such applicants have been confirmed through the Systematic Alien Verification for Entitlements (SAVE) program to be lawfully present in the U.S.

SB 10 - Georgia Special Needs Scholarship

Authorizes the State Department of Education to administer the "Georgia Special Needs Scholarship" for students with disabilities who attend public schools in Georgia. The legislation allows the parents of students with disabilities to apply for a scholarship equal to the state funding for their child's special education. The parents may use the voucher at a participating private or public school they believe would provide a better education or environment. Local funding will not follow the child. The State Department of Education must approve participating schools and parents must be given the credentials of their child's teachers every year. The student will also be given an annual assessment and the results must be shared with the parents, teachers and Georgia Department of Education. In Florida, a similar voucher program serves 5 percent of children with special needs.

(The Governor signed 9 bills pertaining to K-12 public education; he vetoed two. Two additional education tax-related bills, HB 128 and HB 182, were signed into law)

SB 17 - Medications prescribed by optometrists

This legislation allows optometrists to prescribe certain oral and topical medications to treat conditions and diseases of the eyes. Optometrists using such medications will be held to the same standard of care as physicians who perform similar acts, provided, however, that a doctor of optometry is not authorized to treat systemic diseases.

SB 39 - Charter Systems Act

The Charter Systems Act authorizes the State Board of Education to enter into an agreement, called a charter, with a local board of education to establish a local school system as a charter system. Also creates a statewide advisory board to the State School Board to review independent charter school applications as well as charter school system applications. A charter school or a charter system provides the opportunity for teachers, administrators and parents to have greater flexibility to meet the needs of students. Schools or systems can be more flexible and innovative without having to adhere to "one size fits all" mandates that apply school district wide or statewide.

SB 60 - Georgia Trauma Commission and Trust Fund

Establishes the Georgia Trauma Commission and the Georgia Trauma Trust Fund. The Commission will study the provision of trauma care in Georgia, establish a statewide trauma network, develop a trauma transportation system to provide immediate transport for trauma victims where other options are not available, develop and administer a compensation system for providers of uncompensated trauma care, facilitate trauma education and prevention, and act as the accountability mechanism for the entire Georgia trauma system. The bill comes after an exhaustive 2006 study committee that reviewed the State's trauma care network.

SB 72 - School Administrative Manager; Alternative teaching certificates; Local School Council changes

Provides that a majority of the members of a school council will be composed of parents or guardians of students enrolled in the school with at least two of such parents/guardians being businesspersons. The chairperson of the school council will be a parent member. The original bill authorizes local boards of education to employ school administrative managers, in lieu of or in addition to assistant principals. The school administrative manager must possess a bachelor's degree but will not be required to be certified by the Professional Standards Commission. Provides for another alternative teaching certificate process for individuals possessing a master's degree in the subject he or she will teach.

SB 95 - Minors attempting to purchase cigarettes

Current law prohibits minors from purchasing or possessing cigarettes or tobacco products, and this measure will prohibit minors from attempting to purchase cigarettes or other tobacco products. Violation of this provision will result in up to 20 hours of community service and/or attendance of a lecture regarding the hazards of smoking. Additionally, businesses are prohibited from dispensing any non-tobacco products, other than matches, in vending machines that dispense cigarettes and other tobacco products.

SB 98 - Cellular phones used for exploitation of minors

This bill includes the criminal use of cellular phones or any other electronic device used in furtherance of these crimes: sexual exploitation of children, electronically furnishing obscene material to minors, computer pornography, stalking, or forgery and fraudulent practices that involves the use of a computer; so that providers of cellular and other electronic communications must also comply with disclosure requirements.

SB 123 - Public school class sizes; twins class placement

Beginning with the 2007-2008 school year, each local board of education may establish class sizes not to exceed 32 for core classes in grades 9 through 12. Eliminates system wide averaging among schools for class sizes in grades 9 - 12. Requires class sizes to be reported to local school councils (Rep. Jan Jones amendment). Language from the original bill provides that a school must place twins or other multiples from the same family in the same classroom if the children are in the same grade level and the children's parent or guardian requests the placement if requested within a certain time frame.

SB 148- Newborn Umbilical Cord Blood Bank

Creates the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid, provides for donations and information concerning donations, creates the Georgia Commission for Saving the Cure, and authorizes taxpayers to make certain contributions through the income tax payment and refund process.

SB 194 - Election changes

The bill changes Georgia's date for the presidential preference primary to the first Tuesday in February of the year of a presidential election (this primary is currently held on the first Tuesday in March). Will give Georgia a more influential role in deciding the party nominees for president. Numerous other states have also moved their presidential primaries up to February 5th. It also revises Georgia law on absentee ballots and runoff elections.

Additional notes:

By state law, the Governor had 40 days after session ended on April 20 to veto, sign or allow a bill to become law without his signature (Governor Perdue makes it a practice to decisively sign or veto bills only). The Assembly passed 208 statewide and 187 local bills.

Governor Perdue vetoed a total of 41 bills on May 30, (33 General; 8 Local), the highest number of vetoes since he took office in 2003. Representative or Senate sponsors for 5 local bills requested vetoes due to changed circumstances; a number of other bills had technical flaws. The Governor exercised numerous line item vetoes in the 2008 state budget bill, HB 95.

Other initiatives appear in the 2008 budget bill rather than legislation. For example, the budget will fund the Governor's initiative, Graduation Coaches, in public middle schools. The coaches will focus on assisting students at-risk of not graduating on time or dropping out. The program has already significantly improved high school students' progress towards graduation just one year after implementation.

Jan Jones