At issue, Vol. 4, Issue 1 (June 2009)

Volume 4, Number 1

State of Georgia

Significant Legislation from the 2009 Session

June 2009

Agriculture

Banking

Food safety, agritourism and the The foreclosure crisis overright to farm dominated the 2009 shadowed the work of the

Session for the Agriculture and Banking and Financial Affairs

Consumer Affairs Committee. As Committee during the 2009 Session began, an unexpected and Session. Significant passed

tragic food safety crisis resulting legislation includes Senate Bill

from an unscrupulous peanut proc- 141, which requires the timely essor in South Georgia occurred, filing of foreclosure deeds. All

which resulted in the passage of deeds under the power of sale

Senate Bill 80. Senate Bill 80 re- must be recorded with the requires food processing facilities to spective county's clerk of sureport suspicions of contaminated perior court within 90 days.

food, food testing and retention of SB 141 will assist homeowntesting results to the Department of ers' associations, public safety Agriculture (Department). This leg- officers and code enforcement

islation provides the Department officials with contacting a

free access to any food processor's testing records for the presence property owner when action

of contaminants.

needs to be taken to correct

problems with derelict properThe measure strengthens requirements for reporting contaminated ties. Too often over the past products or the suspicions of contaminated products, requiring that couple of years, government

a food processor report testing results by the next business day to officials and concerned citithe Department. This will ensure that any testing or suspicions are zens have not been able to reported directly to the state. The bill gives the commissioner the find the actual owner of fore-

right to test any food if there are reasonable grounds to suspect closed property as the owners contamination. Although this legislation cannot absolutely prevent and servicers of loans have people with malicious intent and wanton disregard for the safety of changed hands multiple times.

consumers from causing harm, it is ground breaking legislation that

has received national attention and similar legislation may be en- Another piece of legislation

acted in other states.

resulting from the foreclosure

crisis, House Bill 312, incorpoHouse Bill 529 prohibits ordinances relating to crop management or rates provisions of the federal animal husbandry practices involved in the production of agricultural Secure and Fair Enforcement

or farm products on private property. Although no such actions by Mortgage Licensing Act. HB

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local government authorities

have occurred in Georgia, in

312 received industry-wide

some instances responsible

support and seeks to elimi-

farmers in other states have

nate bad actors by requiring

encountered bizarre rules out-

individuals desiring to en-

lawing commonly accepted

gage in the business of

animal husbandry and crop

originating mortgage loans

management practices. Sev-

to register using relevant

eral other states have enacted

educational requirements

similar right to farm legisla-

and a unique numerical

tion, which has been well re-

identifier. The identifying

ceived by the agriculture com-

number must be displayed

munity. House Bill 529 also

on all loan application

encompasses language from

forms, solicitations, adver-

Senate Bill 75, providing lim-

tisements, etc. Also, it clari-

ited liability for landowners

fies that any education pro-

who allow people to come

vider that offers mortgage

onto their land for the purpose

industry related courses de-

of hunting, fishing or agritour-

signed to satisfy education

ism, provided that there is a

requirements must be ap-

warning sign posted and the

proved by the Department

guests sign a waiver. A land- of Banking. Most importantly, HB 312 authorizes the Department of

owner engaging in agritourism Banking to conduct investigations and examinations of mortgage

activities on his property and loan originators.

who posts a notice containing

specific disclaimer language Senate Bill 57, which died in the House during the last week of Ses-

will not be liable for any inju- sion, also received much attention in Committee. It would have de-

ries caused by the inherent fined the mortgage broker's duties as the representative of the bor-

risk associated with agritour- rower, defined subprime loans, placed limitations on subprime loans

ism, hunting, or fishing activity and prevented prepayment penalties for subprime loans. This legis-

unless their actions constitute lation was strongly opposed by the banking industry.

gross negligence or willful and

wanton misconduct.

Education

The 2009 Legislative Session proved to be a busy year for the Senate Education and Youth Committee. Among the wide range of topics the committee considered were school choice, dual enrollment, school board ethics, and additional compensation for math and science teachers. Overall, 12 bills that were reported out of committee passed the General Assembly.

One of those bills, Senate Bill 14, which prohibits sex offenders from serving on a local school board. Senate Bill 114 also passed and will help military families who move to Georgia by waiving certain school requirements to allow a student to more easily enroll in a local school. Senate Bill 210 was passed so that home schooled students could be included in the Governor's Honors Program. House Bill 149, the "Move on When Ready Act," allows 11th and 12th graders to take high
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school classes at an eligible postsecondary school for high school course credit in order to meet their graduation needs.

Due to the passage of House Bill 251, parents will have the option of choosing to send their children to a school other than their assigned school within their local school district, if that school has the available space, until the student graduates. The bill also establishes a rule that will prohibit a person from serving on a local school board if there is an immediate family member serving on the board as a superintendent, principal or assistant principal, or administrative staff member in the system. The same provision applies to a person who wants o serve as a county superintendent.

New middle and high school math and science teachers can look forward to higher pay with the passing of House Bill 280. A teacher who becomes certified by the Professional Standards Commission in math or science will automatically be granted six years of creditable teacher service (unless they are already on or above the salary step) and be placed on the salary schedule accordingly. Teachers who receive the same endorsements for kindergarten or elementary math or science will receive a $1000 stipend each year for five years. The purpose of the legislation was to encourage college students to teach math or science to fill Georgia's growing need for educators in
these fields.

Ethics

Finance

In the wake of ethics scandals that received The Finance Committee

prominent coverage in the national and local passed significant legislation

media, the Senate considered a variety of aimed at helping Georgia

measures aimed at increasing transparency families and businesses dur-

and accountability in government. Senate Bill ing tough economic condi-

70, introduced by Senator George Hooks and tions. Georgians will enjoy an

inspired by recent "pay to play" legislation in income tax credit on the pur-

Illinois, would have required state contractors chase of homes and condos;

to specially disclose campaign contributions to candidates for public businesses will endure less

offices having supervisory authority over their contracts. Although tax burden on maintaining ex-

the Senate unanimously passed SB 70, it failed to pass in the isting inventory, and home-

House.

owners will have an alterna-

tive route to appeal their real

Meanwhile, revelations that several members of the General As- property valuation appraisals.

sembly were delinquent in filing state income tax returns had legis- Georgia became one of a few

lators scrambling to find a way to increase accountability in such states to place direct incen-

matters. Ultimately, a solution was attached to Senate Bill 168 that tives to purchase homes and

provides a process by which the state revenue commissioner can condos with the authorization

report the names of General Assembly members who fail to file in- of an income tax credit if the

come tax returns to the standing Ethics Committee of the member's owner-occupied dwelling is

respective chamber. The final version of SB 168 also includes a purchased between June 1,

provision requiring the special disclosure of campaign contributions 2009, and December 31,

from employees and officers of regulated entities.

2009. The credit is worth

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$1,800, or 1.2 percent of the purchase price--divided over three years--whichever is less. Georgia voters will be asked in November 2010 whether to exempt business inventory from state ad valorem taxation; this exemption was hailed during the committee process, and places Georgia in the top tier of business-friendly states. Georgia homeowners will now have the option of appealing their homestead valuation directly into arbitration rather than being required to exhaust the existing county appeals process. The selected arbitrator will choose the appraisal closest to the fair market value of the parcel in question and then determine a final valuation, thus providing options and efficiency for an aggrieved homeowner.
The Jobs, Opportunity, and Business Success (JOBS) Act, HB 481, sought to ease administrative burdens to conduct business in Georgia, provide tax credits for hiring unemployed Georgia workers, and dramatically reduce the capital gains tax and corporate tax liability by 2011. The vetoed legislation would have suspended Secretary of State filing fees for new businesses, including limited liability companies and partnerships, in order to encourage entrepreneurship and growth. Additionally, the Georgia Works Tax Credit would have authorized quarterly credits for amounts between $25 and $125 per unemployed individual hired by that employer. Employment must have continued for at least 30 hours per week and for 24 consecutive months for the credit to be fully realized. Finally, the JOBS Act would have halved any capital gains tax liability by 2011; the rate reduction applied to both individuals and corporations.

Government Oversight

Health and human services in Georgia received an extensive makeover this year with the passage of House Bill 228. Signed into law by the Governor earlier this month, this legislation dismantles the Department of Human Resources (DHR) and assigns its functions to the Department of Community Health (DCH) and to two new departments, the Department of Human Services and the Department of Behavioral Health and Developmental Disabilities. Under this new scheme, DCH will continue to perform its current functions but will also take over the functions of DHR's Division of Public Health and the Office of Regulatory Services. The Department of Behavioral Health and Developmental Disabilities will assume all powers currently handled by DHR's Division of Mental Health, Developmental Disabilities, and Addictive Diseases. All other functions currently handled by DHR will be undertaken by the Department of Human Services.

The passage of HB 228 comes in response to recommendations by a Governor's Task Force calling for the reorganization of the state's health and human service agencies to most efficiently meet the growing needs of Georgians. After considerable deliberation by House and Senate committees, including debate on the best names for new departments, the General Assembly agreed upon a restructuring plan that closely follows the recommendations of the Governor's Task Force. This new power structure will go into effect on July 1st of this year.

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Health and Human Services

House Bill 217 - Access to Flu Vaccines Act As our country faces a swine flu epidemic, Governor Perdue recently signed into law House Bill 217 in an effort to restore past practices that allowed pharmacists and nurses to dispense flu shots pursuant to a protocol agreement with a physician. Last fall, the Composite Board of Medical Examiners, in conjunction with the Attorney General, determined that the influenza vaccine is technically considered a "dangerous drug" under Georgia law, thereby requiring an individual prescription from a physician. This ruling effectively outlawed the common practice in which pharmacists could dispense flu shots to patients through protocol agreements with physicians.

House Bill 217 will provide Georgians with easier access to the flu vaccine by allowing a physician to prescribe the vaccine for a group of patients to be administered by a pharmacist or a registered or licensed practical nurse located within the same county. The bill specifies that parental consent will be required for all children under age 18, while children under age 13 will be required to have an individual prescription.

Additionally, the bill also broadens the Governor's emergency powers during flu outbreaks. The Governor now has the power to declare a state of emergency if the World Health Organization has declared at least a Phase 5 Pandemic Alert for influenza or if the CDC declares at least a Category 2 Pandemic Severity Index for influenza in the U.S. and/or Georgia. Finally, the bill specifies that hospitals have the authority to administer the vaccine to a group of patients and to offer any vaccination, test, or prophylactic measure to its health care workers, as required or recommended by the CDC.

Senate Bill 169 - Ethical Treatment of Embryos Act Inspired by the "Octomom" story, this controversial bill was introduced into the Health and Human Services Committee in an effort to limit the number of embryos that could be implanted into a woman during the in-vitro fertilization process. Senate Bill 169 originally sought to limit the practice of implanting more embryos than is medically recommended by restricting the number of embryos a physician could implant to two for women under 40 years old and three for women over age 40. The legislation also contained language specifying that a living in-vitro embryo is a human being and not the property of any person or entity and not to be used for scientific research.

After hours of heated debate and testimony from fertility specialists, the scientific community, church leaders, and parents of children conceived through the in-vitro process, the Committee revised the legislation by removing the restrictions on the number of embryos that could be implanted and voted 7-6 to pass the bill with only the language affording personhood to embryos and criminalizing the creation of embryos for research purposes.

Amidst strong public opposition concerning the legal and ethical implications of defining personhood at conception, the bill was again amended and passed the Senate with a 34-22 vote containing only the language that would criminalize the creation of embryos for scientific research. The bill specified that the purpose of creating in-vitro human embryos would be "solely for initiating a human pregnancy or for cryopreservation for such treatment in the future." As it passed the Senate, this legislation would have restricted all new embryonic stem cell research in Georgia, but would have allowed research using existing stem cell lines or lines created outside of the state to continue. Ultimately, the bill was never heard in the House.

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Higher Education

Insurance & Labor

This year, Senators considered some controversial solutions for

creating greater efficiency in higher education in Georgia. Sena-

tor Seth Harp's Senate Resolution 84 received national attention

for calling on the Board of Regents to merge certain historically

black institutions with nearby schools. This resolution proposes

merging historically black Savannah State University with Arm-

strong Atlantic State University and merging Albany State Univer-

sity, another historically black university, with Darton College.

The primary purpose of this proposal is to save money by elimi-

nating duplicate services. More than this, however, advocates of

the mergings say that it would symbolize an end to Georgia's ugly history of segregation. Critics, however, fear that such action will jeopardize the identity and traditions of historically black colleges and universities, which have played a vital role in educating generations of African-Americans. Ultimately, Senators agreed to examine the issue further and created the Senate Study Committee on Consolidation of Institutions of Higher Education.

As the current recession continues to drain state resources and cause many unemployed individuals to lose their employersponsored health insurance as well as their unemployment benefits, Congress and the General Assembly responded with

Another study committee created this year, the Senate Study Committee on the Merger of Georgia Technical and Two-Year Colleges, is to study a recommendation from the Governor's 2008 Tough Choices or Tough Times Working Group to merge the state's technical and two-year colleges. This recommendation aims to create a comprehensive community college system with a single entry point for students and to eliminate duplication of teaching and administrative efforts between the University System of Georgia and the Technical College System of Georgia. However, this recommendation has provoked concern that such a move may muddle the academic mission of two-year colleges.

two pieces of legislation. The first, Senate Bill 94, offers a subsidy toward COBRA benefits to people who have lost their group coverage. COBRA, known as the Consolidated Omnibus Budget Reconciliation Act of 1985, requires most employers with group health plans to offer employees the opportunity to temporarily continue their group health care coverage under their employer's plan if their coverage

ceases due to termination, layoff,

or other change in employment

status. The catch is the former

employee is required to pay the

entire premium, not just the em-

ployee portion. Senate Bill 94

provides a 65 percent federal

government subsidy toward CO-

BRA coverage to employees

who are involuntarily terminated

between September 1, 2008 and

December 31, 2009, as well as

their family members who are

eligible for COBRA. The em-

ployer must first provide this 65

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Natural Resources

percent payment toward the CO- Many states are taking an increasingly active role in promoting

BRA premium and then be reimbursed by the government.

the identification, cleanup, and redevelopment of contaminated sites. Georgia took such a role this Session by creating the Geor-

gia Voluntary Remediation Program (VRP), a voluntary, costHouse Bill 581 also utilizes fed- effective program for the clean-up of hazardous waste sites. In eral stimulus funding, but this order to enroll any qualifying property in the program, an applitime to extend unemployment to cant must submit to the Director of the Environmental Protection individuals unemployed for ex- Division a voluntary remediation plan (plan) prepared by a registended periods of time. More- tered professional engineer or geologist, along with a fee of over, benefits will be extended to $5,000. Cleanup will only be required where there will be an acindividuals seeking part-time em- tual exposure to soil or groundwater contamination levels that ployment as well as individuals would create an unacceptable risk to human health or the enviobtaining Department of Labor- ronment. The VRP is intended to make cleanups timelier and approved job training. The legis- flexible using risk-based correction action principles. lation also provides a significant

tax break for employers in the As the demand for energy grows and oil prices rise, there is a form of the continued suspen- greater need for an increase in domestic energy production and sion of the statewide reserve ra-

tio surcharge.

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Judiciary
Capital punishment is a hotly contested issue throughout the country, and here in Georgia the death penalty statute contains an odd quirk that does not allow prosecuting attorneys to seek a sentence of life imprisonment without parole for a defendant unless they first seek the death penalty. As the ultimate punishment, the death penalty carries significant constitutional protections that are costly and time-consuming to the state. Senate Bill 13 remedies this issue by ensuring that those accused of violent felonies may be sentenced to life without parole even if prosecutors choose not to seek the death penalty. The bill passed this year after its predecessor, Senate Bill 145, failed to gain sufficient support in the House of Representatives in 2007 and 2008, despite having the enthusiastic support of the state's district attorneys. Governor Perdue signed Senate Bill 13 into law on April 29, and the new law will apply to all offenses committed on or since that date. However, a defendant who committed his or her crime prior to April 29 may elect to be sentenced under the new provisions.
It is also important to remember that many bills did not pass in 2009. Notably, Senate Bill 42 failed to make it through the House of Representatives after passing the Senate by a 32-21 vote. This bill arose out of the frustrations of several key Senate Judiciary Committee members with the Georgia Public Defender Standards Council, namely the Council's growing lack of cooperation with the General Assembly. Despite increases to its budget every fiscal year, the Council continually returned to the legislature with demands for more funding in order to maintain a constitutionally adequate indigent defense system, and a steadfast refusal to face the realities of a state in its own budget crisis. Senate Bill 42 would have reduced the Council from an independent agency with control over how indigent defense is handled, to a mere advisory body with significantly less authority. Although Senate Bill 42 failed to pass in the House, the fact that a majority of Senators voted for the measure is a possible indication of future sweeping changes to the public defender system in Georgia.

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alternative sources of energy. Our state currently imports all of its fossil fuel resources; however, there has been much speculation about possible energy sources in northwest Georgia, as well as off the coast of Savannah. Many people do not realize that current Georgia law provides for the payment of $250,000 to the first person who brings the first commercial oil well into the state that produces at least 100 barrels of oil per day. Senate Resolution 12, which failed to pass this Session, proposed a Constitutional Amendment authorizing the General Assembly to provide a reward to the first person who brings a commercial oil well and/or natural gas well on land and/or off-shore, as well as to the first person who develops a method or system for energy conservation and production utilizing sources other than fossil fuels. This would have allowed for a greater incentive for energy exploration in our state, thereby reducing our dependence on foreign oil.

Public Safety

Despite several pieces of legislation that have been enacted since 2005, Georgia is still struggling to address the illegal immigration issue. According to the Federation of Immigration Reform, the illegal population in Georgia is estimated to be around 440,000. Previous legislation has made it more difficult for employers to rely on the cheap labor afforded by illegal immigration. In addition, the same legislation requires individuals to prove their legal status before they may qualify and receive public benefits. However, local governments have been slow to implement many state provisions. The primary issue has been that the General Assembly failed to include penalties that would force county and municipal governments to enforce state and federal immigration laws. The General Assembly introduced and enacted Senate Bill 20 and House Bill 2 in an effort to force local jurisdictions to comply with federal and state law.

Senate Bill 20 prohibits local governments from enacting, adopting, implementing, or enforcing any "sanctuary policy" that prevents local officials or employees from reporting a person's immigration status. Local governments that violate this legislation will be subject to the withholding of state funding or state administered federal funding.

House Bill 2 has been referred to as "the bill that directs the state, to direct local governments, to comply with federal immigration law." Essentially, the legislation updates and clarifies many existing provisions in Georgia law related to verifying the legal immigration status of incarcerated individuals or individuals seeking public benefits. In the case of noncompliance by a state agency or local government, the Senate and House Appropriations Committees may consider any noncompliance in setting the budget and appropriations.

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Regulated Industries

Retirement

The Regulated Industries Committee considered many issues The Senate Retirement Commit-

ranging from nuclear construction financing, architecture qualifi- tee focused on policies to pro-

cations, clean energy grants and credits, the organization of the vide stabilization and growth to

Public Service Commission, and prescription monitoring require- the state retirement funds, while

ments. The committee endorsed distance requirements for new ensuring legislation complies

crematoriums so that they cannot operate within 1000 feet of ex- with federal retirement laws and

isting platted subdivisions. That same legislation also statutorily the Internal Revenue Code. Of

set forth the process that funeral homes must follow when the the 10 non-fiscal bills enacted

deceased was involved in a domestic dispute or if the local pro- into law, the most significant leg-

bate court retains jurisdiction. An existing pre-need contract will islation included House Bill 371

always govern unless it is delinquently funded; where no pre- and House Bill 476. During the

need contract exists, the right to control the disposition of the de- 2009 Session, only non-fiscal

cedent will vest according to the aforementioned statutory proc- retirement bills were eligible for

ess.

passage due to statutory require-

ments. Five fiscal bills will re-

Initiatives that did not make it to the Governor's desk include leg- ceive actuarial studies this sum-

islation that would have authorized electronic record-keeping re- mer, four House Bills and one

quired by the Georgia Department of Revenue for manufacturers, Senate Bill.

importers, and dealers of alcoholic beverages; moreover, new or

relocated retail package stores would have been prohibited from HB 371, which received biparti-

receiving a state license if that business was within 500 yards of san support, modernizes invest-

other package stores. Also failing to pass was a requirement ment guidelines for the state re-

that new multi-unit residential structures (condos or apartments) tirement system to maximize the

be equipped to measure water usage by each tenant or unit, and potential return on investments

that the owner of these buildings charge tenants separately for in a global market. It revises the their water usage. The requirement that telecommunications definition of "large retirement companies financially support the Universal Access Fund for the system." The definition would be

benefit of local exchange carriers failed as well. The Georgia expanded to include any public Occupational Regulation Review Law would have required re- retirement system that has asview of existing regulatory entities at least once every 7 years; sets in excess of $200 million.

moreover, new regulatory entities or legislation affecting review Large retirement systems will no of an entity must have also considered whether there were longer be prohibited from investmeans other than regulation to protect applicable interests in ing more than 15 percent of their

Georgia.

assets in foreign corporations. However, they would be subject to the following investing limita-

tions: prior to July 1, 2010, a fund may invest no more than 65 percent of retirement system as-

sets in equities; on and after July 1, 2010, a fund may invest no more than 70 percent of retire-

ment system assets in equities; and on and after July 1, 2011, a fund may invest no more than 75 percent of retirement system as-

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sets in equities.
House Bill 476, which encompassed language from House Bill 191 and House Bill 465, is sizeable legislation addressing the spiking of pay by employers just prior to retirement as well as benefits under the Peace Officers' Annuity Benefit Fund. HB 476 places requirements on employers who grant salary increases in excess of 5 percent during the 12 months prior to an employee's retirement. Under the provisions of this bill, the employer would be responsible for paying the full actuarial cost of retirement benefits that are due to an employee as a result of the employee receiving such a salary increase for all persons who become members prior to July 1, 2009. The retirement benefits of persons who become members after July 1, 2009 will not include the computation of a retirement benefit and shall not include a compensation increase in the last 12 months of employment that exceeds 5 percent.
This bill amends provisions relating to certain law enforcement personnel that are covered under the Employees' Retirement System. Specifically, this bill would authorize the Board of Trustees to increase the normal and accrued liability employer contribution rates for the Georgia Bureau of Investigation, Department of Corrections, and the State Board of Pardons and Paroles to an amount that is actuarially sufficient to fund the employer's cost of the benefits provided for the law enforcement personnel of these departments. Current law already authorizes the Board of Trustees to adjust the rate for the Department of Public Safety, Department of Natural Resources, and the Department of Revenue. Finally, this bill removes a provision in current law that allows a person to continue to receive retirement benefits if they return to work as a peace officer. However, this will only apply to persons who become members of the peace officers annuity and benefit fund after July 1, 2009.

Science and Technology

Special Judiciary

The Science and Technology Committee passed House Bill 436, The Senate Special Judiciary

which requires the Georgia Technology Authority to publish a re- Committee heard a wide variety

port that details the state's current and planned technological ex- of bills this session under new

penditures based on agency requests and needs. The report will chairman Senator John Wiles of

include a prioritization of information technology initiatives and a Cobb County. Senate Bill 207

prioritized funding schedule for all major projects and initiatives, was a fairly controversial piece

along with cost estimates of the fiscal impact of the initiatives. of legislation that passed in com-

This report will go to the Governor, the General Assembly, and mittee, and later signed by Gov-

the Board of Directors of the Georgia Technology Authority.

ernor Perdue, following spirited

testimony and debate. The new

law will require certain juvenile

court proceedings to be open to

the public, such as child support

hearings, foster care hearings

and other deprivation proceed-

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State Institutions and Property

ings, and even juvenile delinquency trials in limited circumstances. More than twenty states have enacted similar laws in order to bring accountability to juvenile court systems that too often use closed-door policies, based in theory on protecting minors, to hide deficiencies and injustices from the media.

This session, the Senate Committee on State Institutions and Property heard many issues concerning the State's correctional facilities, prisons, and State-owned land. Senate Bill 24 created the Sentencing Options System, allowing the Department of Corrections to impose a wider range of penalties on inmates who violate the terms of their incarceration or probation. Senate Bill 64 imposes mandatory HIV testing for inmates before they are released which should decrease the likelihood that these persons will unknowingly pass the disease on after they are released. Also, Senate Bill 193 allows certain inmates to be moved to a

In an effort to bring more transparency to the legislative process, Senator Ed Tarver intro-

transition or work release center during their final year of incarceration, hopefully helping these inmates make a successful transition back into society.

duced Senate Bill 7 this year.

The bill, which passed the Sen-

ate by a wide margin but failed to

come to a vote on the House

floor, would have given commit-

tee chairpersons the ability to

require any witness testifying be-

fore the committee to take an

oath of truthfulness. A witness

who made a false statement

concerning a material fact could

then be charged with the crime

of false swearing, if the false

statement is in response to a

specific question posed by a committee member, or is a state-

Urban Affairs

ment that a committee member

might have relied on in determin- The Senate Committee on Urban Affairs heard legislation that

ing how to vote on a bill. Several will allow public transit authorities, including MARTA, to sell food

other states have made false and beverages inside transit stations. Prior to the passage of

swearing before the legislature a Senate Bill 89, the possession and consumption of food or bever-

crime, including Florida, Missis- ages was statutorily prohibited. Removing this prohibition will

sippi and New Jersey.

allow MARTA to generate some much needed revenue.

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Transportation

On May 12th, Governor Perdue signed Senate Bill 200, the Transforming Transportation Investment Act, into law. However, the bill is vastly different from what was originally envisioned by Governor Perdue, Lt. Governor Cagle, and Speaker Richardson. The state leaders had first called for the creation of a State Transportation Authority and Agency, merging the powers and duties of the State Regional Transportation Authority and the Georgia Regional Transportation Authority into the new Authority, and stripping the Department of Transportation (DOT) Board of its powers. What finally emerged on the last day of Session was a bill creating a new Planning Division within DOT that will be responsible for developing a four-year State-wide Strategic Transportation Plan and a State-wide Transportation Improvement Program, to be approved by the Governor and the DOT Board. However, the Director of the Division will be appointed by the Governor and approved by the House Transportation Committee. The Division will also be creating formulas for the allocation of funds to three separate programs focused on maintaining our state's transportation system, improving the system, and providing much needed money to local areas for maintenance and improvement of their transportation systems.
Much to the surprise and disappointment of the business industry in Georgia, the General Assembly was unable to pass a transportation funding bill for the second year in a row. The Senate and House could not agree on an approach to implement the 1 percent sales tax - the proposal in the House favored more state control by proposing a statewide tax while the Senate's proposal allowed for more regional control by enabling regions to establish a tax, or T-SPLOST, for transportation needs. The ballot question was not scheduled to go to the voters until 2010, leaving legislators one last Session to break the transportation funding gridlock.

State and Local
Governmental
Operations
The Senate Committee on State and Local Governmental Operations heard and passed some relatively large scale bills this session. However, the Governor vetoed every piece of general legislation that passed out of this committee. Senate Bill 211 exempted office supplies and other small, routine purchases by state agencies from the requirement of being approved by the Department of Administrative Services. Governor Perdue felt that this bill would ultimately cost the state more money and that such a decision was not prudent in the current budget climate. House Bill 533 would have created an authority to manage the purchase by local governments of large equipment and vehicles through low interest financing. Governor Perdue decided that options similar or superior to those to be provided by the new authority currently exist and vetoed this legislation.

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