35 Common Sense Bills

from the 2009 Georgia General Assembly

 

 

 

Reforming Education for Georgia’s Students

 

HB 149 – Move On When Ready Act

HB 149 will allow 11^th and 12^th grade public school students to leave their assigned high schools and attend a college or technical school (that admits them) to complete graduation requirements while earning college credit. State public education funding will follow the student and will be accepted as payment in full for tuition, except for a $200 records fee to pay the local high school for keeping track of classes, grades and testing.  Students may also take virtual classes offered at the higher education institution as well as virtual classes offered by the DOE through the Georgia Virtual School. HOPE funding will not be used to pay for students’ education costs. 

 

HB 157 – Revision of HOPE book allowance and fee reduction triggers

HB 157 revises the standards for reducing HOPE scholarship and grant funding for book allowances and mandatory fees during years when HOPE reserves decrease.  Previously, the trigger to cut funding for book allowances and mandatory fees was a $1 decrease in the Lottery account from the prior fiscal year.  The bill establishes benchmark percentages below the prior Lottery account balances to reduce book allowances and mandatory fees by half or completely.

 

HB 193 – 180 day school year flexibility

HB 193 allows school boards to establish a school calendar that is 180 days in instructional time or an equivalency of instructional hours as set by the school board. The bill allows school boards to expand a school day in exchange for fewer school days or shorten the number of hours in a school day to extend the calendar.  Currently, school systems are required to provide 180 days of instructional time.  The bill also allows public schools to close for Veteran’s Day beginning with the 2020-2011 school year.

HB 280 – Additional compensation for math and science teachers

HB 280 adds the equivalent of five years of teaching credit on the state salary schedule to new and many existing certified math and science middle and high public school teachers to better attract math and science college majors and experienced professionals into these teaching fields as well as increase retention of current math and science teachers.  The bonus will average $4500 per teacher.  Elementary school teachers will earn an additional $1000 for one or $2000 for two certifications in math and science.  Georgia has a significant shortage of certified math and science teachers.  Teachers with 15 or more years of teaching credit will not earn a bonus because the salary step schedule was not extended beyond the current 15 steps over 20 years.

 

HB 484 – HOPE scholarship and military dependents

HB 484 establishes that dependent children of military personnel stationed in Georgia on active duty meet the residency requirements for purposes of HOPE scholarships and grants.

 

HB 555 – Charter schools facilities

HB 555 tightens existing law that requires school boards to allow local charter schools to utilize unused school facilities.  It prohibits local school boards from charging a lease payment to a locally approved charter school utilizing school board facilities. School boards and charter schools negotiate terms of use for facilities during the chartering process. 

 

SB 114 – Children of military personnel

SB 114 makes several changes to the provisions regarding the children of military personnel to make the transition to a new school system smoother and less bureaucratically burdensome on military families.  The bill eases requirements for educational records, excused absences to visit with military parents on leave, immunization deadlines, placement into academic levels and programs, deadlines for extracurricular activities, and graduation requirements.

 

 

 

 

Keeping Georgia Prosperous

 

HB 80 – More insurance options

HB 80 lowers the threshold requirement to purchase corporate-owned life insurance (COLI) from 100 to 2 employees for companies that are not publicly owned. 

 

HB 120 – Sales tax holidays

HB 120 creates a sales tax holiday for purchases of clothing and footwear up to $100 per item; personal computers and accessories up to $1,500 per item; and school supplies up to $20 per item from July 30 to August 2, 2009.  The bill also creates a sales tax holiday for energy or water efficient products purchases up to $1,500 per item from October 1-4, 2009.  The sales tax holidays will save Georgians a total of $23 million in 2009.  The sales holiday started in 2002 for school supplies; in 2005 for energy efficient products; and in 2008 for water efficient products.

 

HB 126 – Uniform Electronic Transactions Act

HB 126 establishes uniform guidelines for electronic business practices.  It provides for the use of electronic records, signatures, notarization, and automated transactions.  Forty-six states have passed similar legislation.

 

HB 143 – Homeowner’s Tax Relief Grant (HTRG)

FY 2009:  The bill mandates that the Homeowners Tax Relief Grant (HTRG) will be fully funded in the FY09 Supplemental Budget – no reductions or withdrawals to it.  If necessary, a portion will be funded in the FY 09 Supplemental and a portion in the FY10 budget.  Without funding the HTRG this year, local taxing authorities would have been required by law to issue supplemental tax bills to property owners to make up the difference, $200-300 for most homeowners.

FY10 and beyond:  HTRG will only be funded when the state can afford it as the grant was originally designed, not granted as an entitlement.  In years when HTRG is not funded, tax bills will not include a line item for the HTRG.

 

HB 233 – Three-year moratorium on property tax assessment increases

In one of the most revolutionary acts in recent times, the House and Senate approved legislation freezing all property tax reassessments for three years. The moratorium was supported by every Republican legislator to prevent “back-door tax increases” for homeowners and business owners, especially during challenging economic times.  Also, HR 1, which would have given voters the chance to permanently cap their property tax assessment increases with a statewide 2010 referendum, fell short of the 120-vote constitutional threshold due to overwhelming Democrat opposition. 

 

HB 261 – Income tax credit for purchase of  single-family residence

HB 261 allows a taxpayer a one-time credit against the tax imposed for the purchase of one eligible single-family residence, including a condominium, made during the six-month period following the effective date of this legislation.  The amount of the credit will be either 1.2 percent of the purchase price of an eligible single-family residence or $1,800, whichever is less.

 

HB 482 -  Elimination of state inventory tax on businesses

HB 482 will exempt all business inventory from the state’s 0.25 mill ad valorem tax, subject to voter approval in a 2010 referendum.  If approved by the voters, HB 482 will save Georgia businesses $2.1 million in 2011.

 

SB 31 – Georgia Nuclear Energy Financing Act

SB 31 allows Georgia Power to raise customer rates incrementally over seven years to pay for construction loan interest during construction of large infrastructure projects, including nuclear power plants.  SB 31 strengthens Georgia’s long-term financial and production capacity to provide low cost, clean energy to its citizens, which reduces the state’s reliance on existing coal- and natural gas-fired plants that are more subject to expensive federal environmental mandates and a volatile world market.  Thirty-eight EMCs and 49 MEAG cities will own 55% of the new Vogtle 3 and 4 nuclear units, which may already increase customer rates incrementally during construction to pay for construction loan interest. SB 31 extends the same capability to Georgia Power, bringing the power generation companies into parity regarding construction financing costs. Furthermore, EMCs and MEAG cities may increase customer rates incrementally during construction to pay for “bricks and mortar” construction costs. SB 31 does not extend this authority to Georgia Power.

 

 

 

 

 

 

Empowering and Protecting Georgians

 

HB 160 - “Super Speeder”

HB 160 increases fines for excessive speeding on Georgia roads. It adds $200 to existing fines for a driver convicted of driving 85 mph or more on any road or highway or 75 mph or more on any two-lane road or highway.  Reinstatement fees are increased for many convictions, by $100-200 on average, for second or subsequent convictions, including for DUI or possession of drugs for a child under age 16, failure to appear in court, habitual violations of DUI laws, lacking minimum insurance, second drug conviction, vehicular homicide, racing and hit and run. 

 

HB 227 – Protecting victims of violence

HB 227 removes the address and location information from the publicly-available voter registration data that the Secretary of State publishes for any person living in a family violence shelter or who has a protective or restraining order on someone else.

 

HB 123 – Clarifying definition of child molestation

HB123 establishes that an act of child molestation includes a person exposing a child to an immoral act through the use of electronic means of communication, such as the Internet.  Current law requires physical presence for a conviction of child molestation. The legislation will make it easier to prosecute individuals who use the internet to prey on and abuse our children.

 

HB 217 – Administering influenza vaccine

HB 217 allows pharmacists and nurses to administer flu shots if they have entered into an influenza vaccine protocol agreement with a doctor.  The legislation also allows the administration of epinephrine in the case of an adverse event.

 

HB 237 – Streamlining the adoption process

HB 237 streamlines adoptions for families by initiating the financial assistance process earlier and clarifying the requirements for assistance.

 

HB 254 – Changes to adoption provisions

HB 254 expedites permanency for children in state custody by lowering the amount of time required before permanent placement and using the best interest of the child standard when placing children.  Regarding matters of deprivation, HB 254 reduces the time period for the Department of Family and Children’s Services (DFCS) to conduct a search for relatives from 90 to 30 days, requires notice and explanation of options to adult relatives, and promotes consistency in permanency planning for children in foster care.

 

HB 302 – Consumer protection in telecom

HB 302 requires a telecommunications company to allow a customer to block any unauthorized service and any associated service charge provided by a nonaffiliated third party.

 

HB 388 – The Option of Adoption Act

HB 388 provides for the voluntary relinquishment of rights and responsibilities of an embryo to another person.  The “recipient intended-parent” assumes complete legal rights prior to the birth of a child or following the birth of a child.  Prior to or following the birth of a child, the recipient intended-parent may petition the superior court for an expedited order of adoption or parentage. 

 

HB 528 – Protecting homeowners

HB 528 requires a developer that manages or is responsible for a homeowner's or condominium owners’ association to provide an itemized expense report to each owner no later than 60 days after the end of the year in which the fees were assessed.  The bill is limited to an association with an annual fee of $500 or more and in a development or subdivision with 20 or more homes.

 

SB 13 – Life without parole independent of a death penalty conviction

SB 13 allows the rendering of a sentence of imprisonment for life without parole even if prosecutors choose not to seek the death penalty.  Current law requires punishment either by death or life imprisonment with the possibility of parole.

 

 

 

(Empowering and Protecting Georgians continued)

 

SB 69 – Clarifying definition of sexual exploitation

SB 69 clarifies the definition of sexual exploitation by replacing the phrase “conduct by a child's parent or caretaker” to “conduct by any person” under the definition and as it relates to domestic relations and reporting child abuse.

 

SB 79 – Expanding access to child abuse records in “near fatality”

SB 79 expands access to child abuse records to a federal, state, or local governmental entity, or any agency of such an entity, and adults when a near fatality has occurred.  Identifying, privileged or confidential information and information that would jeopardize a criminal investigation or proceeding will not be released.

 

SB 80 – Agricultural product safety

SB 80 addresses the food safety issues that arose as a result of the Georgia peanut butter processing plant salmonella outbreak.  The bill requires the Commissioner of Agriculture to establish requirements for regular testing of samples or specimens of foods and ingredients by food processing plants for the presence of poisonous or deleterious substances or other contaminants that render the foods or ingredients injurious to health.  The bill also requires a representative of a county board of health to immediately report to the Department of Agriculture if the representative suspects that a violation has occurred.

 

SB 207 – Child protection

SB 207 provides for greater transparency and accountability to the public for juvenile court hearings in deprivation hearings.   The bill provides for access to the hearings and records of proceedings from juvenile court to be available by a child who is the subject of a proceeding to the child’s attorney, the guardian ad litem, prosecutors, and state agencies providing children’s services.  Judges have the authority to close hearings based on the best interests of the child. 

 

SB 246 – Victim protection 

The bill provides that when a juvenile commits certain crimes, including most felonies, the victim will have the opportunity to request notification upon that juvenile's release.  It includes acts which, if done by an adult would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult would have been felonies.

 

Making Government Work For Georgians

 

HB 2 – Protecting taxpayers from abuse of government services

HB 2 requires local governments to deny local taxpayer-supported benefits to persons without legal citizen status as a condition for local governments to qualify for state grants, including Local Assistance Road Program funding.  The bill refines 2006 legislation that prohibited the state and local governments to provide services, other than those required by federal law, to illegal citizens and required governments to verify through a signed affidavit the lawful presence in the U.S. of any person 18 years or older who has applied for local public benefits.

 

SB 20 – Prohibit local government sanctuary policies

SB 20 prohibits local government from enacting policies that would prohibit local officials from cooperating with federal immigration authorities with regard to immigration status information.

 

SB 86 – Require proof of citizenship before registering to vote

SB 86 requires a person applying to register to vote on and after January 2010 to provide proof of United States citizenship prior to the acceptance of the registration. 

 

SB 168 – Tax delinquency and legislators

SB 168 requires the Department of Revenue Commissioner report to the respective House or Senate Ethics Committee Chairman the names of tax-delinquent legislators so action may be taken, including censure and removal of office.  

 

SB 200 – Transportation governance

SB 200 gives the Georgia General Assembly budget authority over transportation projects more in line with all other state agencies. It creates a division of planning with a director appointed by the Governor and confirmed by the House Transportation Committee.  The division of planning will develop a state-wide transportation plan and specific improvement projects, subject to appropriations by the legislature.  The DOT Board will continue to have jurisdiction over local maintenance and improvement grant program funds and the implementation of transportation projects.