MWV LEGISLATIVE REPORT GEORGIA. Notable Actions on Crossover Day

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1 MWV LEGISLATIVE REPORT GEORGIA March 13, 2009 Yesterday was the 30th legislative day and the deadline for bills to pass their House of origin. Bills failing to meet this deadline will carry over to the 2010 legislative session when they will again be eligible for consideration. The General Assembly is in recess until Tuesday, March 17 when they will reconvene for the 31st day of the 40-day legislative session. Notable Actions on Crossover Day House approves unemployment bill. Legislation to hold down employer cost increases for unemployment compensation passed the House without a dissenting vote. As passed by the House, HB 581 will provide unemployment benefits for part-time workers seeking part-time employment, and for unemployed workers in certain training programs. While these changes make more workers eligible for benefits, they also make Georgia eligible to receive $220 million in federal stimulus funds to bolster the state s rapidly declining Employment Security Trust Fund. Without these federal dollars, Georgia employers would be facing an even greater increase in unemployment taxes. To be eligible for stimulus funds related to unemployment, federal regulations require states to provide unemployment benefits for at least two of the following: (1) victims of domestic abuse, (2) part-time workers, (3) workers who quit their jobs to accompany a relocating spouse, and (4) laid off workers in certain training programs. The General Assembly and Governor Sonny Perdue strongly opposed items (1) and (3) because they would result in a permanent and substantial increase in unemployment taxes paid by Georgia employers. State law requires an increase in employer contributions to the Trust Fund when the Statewide Reserve Ratio falls below 1.7 %. HB 581 would suspend the impending increase for 2010 and 2011 unless the Reserve Ratio is less than 1.25%. If the Reserve Ratio is less than 1.25%, the Labor Commissioner could increase the rate up to 35 %. Turnabout game underway on transportation funding. The Senate Finance Committee yesterday replaced all of the provisions in HB 277 with the provisions in the original version of SB 39, the Senate s local option approach to funding transportation. The House last week gutted SB 39, turning it into a MARTA bill. As passed by the House, HB 277 imposed a statewide one cent sales tax to fund specified transportation projects. Assuming the full Senate passes the Finance Committee substitute for HB 277, a House/Senate conference committee will decide between a local option sales tax and a state-wide sales tax. Ultimately, there may be no new transportation funding at all if the Administration s push for a new transportation agency is not passed. Governor Sonny Perdue and legislative leaders have made it plain they will not support new transportation funds to be administered by the current Department of Transportation.

2 Senate cans EPD deference bill. Legislation requiring administrative law judges to give deference to the Director of the Environmental Protection Division failed to gain a Constitutional majority on a vote in the Senate yesterday. SB 229 had been on a fast track first read on March 4, favorably reported by Senate Natural Resources Committee on March 5, and before the full Senate yesterday. Introduced by Senator Ross Tolleson, the bill provided that In any administrative review of orders or actions of the department, the director of the Environmental Protection Division, the Shore Protection Committee, or the Coastal Marshlands Protection Committee, an administrative law judge shall afford deference to the interpretation of laws or rules and regulations and the exercise of discretion by such persons or entities regarding laws or rules and regulations that this title directs them to administer and enforce to the extent that those orders, actions or interpretations are not arbitrary or capricious. Senate approves ethics bills. The Senate overwhelmingly passed two bills yesterday related to ethics in lobbying. SB 7 by Senator Ed Tarver of Augusta gives committee and subcommittee chairmen the authority to require that persons presenting testimony do so under oath. Such statements must be recorded by the committee or subcommittee. Any person knowingly and willfully making a false statement would be subject to existing penalties for false swearing. SB 96 by Senators Kasim Reed and Eric Johnson would require registered lobbyists to complete a training course every year. The bill also requires counties, cities and local boards of education to establish ethics panels for oversight of conduct of elected officials. Other key developments at the deadline. As expected, HB 271 remained in the House Ways & Means Committee and is ineligible for further consideration this year. The bill to phase in a complete sales tax exemption for energy and fuel used in manufacturing will carryover to the 2010 session, and will remain a priority item for manufacturers. HB 238, the bill to allow local governments to regulate land applications of sludge and waste water, did not get a hearing in sub-committee and never made it to the House floor. This bill will carry over to the 2010 session. HB 248, the Voluntary Remediation Act, passed the House and will almost certainly be referred to the Senate Natural Resources Committee. Senate Natural Resources Chairman Ross Tolleson had already pushed his version of the bill through the Senate, so prospects for this bill appear to be very good.

3 Bill status report. HB 96 Scott of Tifton: to create the Georgia Free Enterprise and Antitrust Act. Creates a comprehensive state anti-trust law. Also confirms right-to-work law. Remains in House Judiciary Committee. Will carry over. HB 143 O Neal of Macon: to provide that the General Assembly shall appropriate funds to provide homeowner tax relief grants to local governments, subject to limitations. Committee substitute passed House and Senate. Signed by Governor. HB 230 Long of Atlanta: to provide that the emission of pentachlorophenal by facilities located near schools are creating a nuisance per se. Pentachlorophenal is used in crossties and utility poles. Remains in House Judiciary Committee. Will carry over. HB 232 Levitas of Atlanta: to authorize the Commissioner of Agriculture to provide for trademarks on agricultural and forest products grown in Georgia. Favorably reported by House Agriculture Committee. Still in Rules Committee. Will carry over. HB 233 Lindsey of Atlanta: to place a two-year moratorium on all increases in the assessed value of real property. Passed House and Senate. HB 238 Benton of Jefferson: to provide for the regulation of sludge and waste-water application systems; to require land application system operators to provide proof of financial ability to cover cleanup costs. Still in House Natural Resources sub-committee. HB 239 Smith of Columbus: to require local governments to return surface water to the sources from which they were withdrawn. Remains in House Natural Resources Committee. Will carry over. HB 244 Pruett of Eastman: to change the name of the Environmental Facilities Authority to the Environmental Finance Authority. Passed House and referred to Senate Judiciary Committee. HB 248 Barnard of Glenville: to provide for voluntary remediation of contaminated sites. Passed House. HB 271 Peake of Macon: to phase in an exemption from sales and use taxes for fuel and energy used in manufacturing. Favorably reported by Ways & Means subcommittee. Remains in committee and will carry over. HB 277 Smith of Pine Mountain: to provide for a statewide one cent sales tax to fund transportation projects; to create the Georgia 2020 Transportation Fund and provide for oversight. Passed House, along with HR 206, the accompanying Constitutional amendment. Senate Finance Committee substituted in language from SB 39, providing for a local option sales tax.

4 HB 330 Coan of Lawrenceville: to allow employer access to medical records in workers compensation. Passed House and referred to Senate Insurance and Labor Committee. HB 438 O Neal of Bonaire: Administration bill to revise income tax credits for job creation under the BEST program. To provide mega incentives for large industrial developments. Passed House and referred to Senate Finance Committee. HB 439 O Neal of Bonaire: Administration bill to revise income tax credits for business development in less developed areas of the state. Changes provisions for tax credits for training and for exports through Georgia ports. Amended to revise troublesome provisions and make the bill more user friendly. Passed House and referred to Senate Finance Committee. HB 468 Martin of Alpharetta: to change provisions relating to corporate income taxes and specifying certain subtractions from taxable income. Remains in Ways & Means. Will carry over. HB 473 Harbin of Augusta: to provide for grants from available federal funds for clean energy property. Clean energy defined as solar, wind, and geothermal. Passed House and referred to Senate Regulated Industries and Utilities Committee. HB 481 Graves of Ranger: to allow a tax credit to employers hiring persons receiving employment security benefits. Passed House referred to Senate Finance Committee. HB 485 O Neal of Bonaire: to provide tax credits for base port traffic. Passed House and referred to Senate Finance Committee. HB 517 Lindsey of Atlanta: to limit valuation increases of real property and revise method and manner of reassessing property. Remains in Ways & Means. Will carry over. HB 531 Long of Atlanta: to provide collective emissions limitations for facilities emitting pentachlorophenol near schools. Hearing held in House Natural Resources subcommittee. Remains in subcommittee and will carry over. HR 1 Lindsey of Atlanta: Proposing an amendment to the Constitution so as to freeze the valuation of residential and non-residential property. Failed to get two-thirds majority in House floor vote. HR 22 Lunsford of McDonough: A resolution proposing a Constitutional amendment guaranteeing the right to a secret ballot in union elections. Favorably reported by House Industrial Relations Committee. Failed to get required two-thirds majority in full House, HR 177 Long of Atlanta: A resolution to create the House Study Committee on the Airborne Release of Pentachlorophenal and its Effects of the Health of Georgia Residents. Remains in Judiciary. Will carry over.

5 HR 337 & HR 338 Smith of Newnan: a House Resolution and a Joint Resolution with identical language urging the Congressional Delegation and the Administration to recognize Georgia s potential for energy development, including offshore oil and gas, offshore wind, nuclear and biomass. HB 338 passed the House and referred to Senate Natural Resources. SB 31 Balfour of Snellville: to provide for financing of nuclear energy plants while construction work is in progress. Passed Senate and House. SB 39 Mullis of Chickamauga: to provide for a local option 1% sales tax to fund transportation projects. Would exempt from the 1% tax fuel and energy used in manufacturing as well as motor fuels. Passed Senate. House substitute passed with no original content. Now relates only to MARTA. SB 75 Heath of Bremen: to limit liability of landowners who permit hunting or fishing on their property. Passed Senate 51 0 and referred to House Judiciary Committee. SB 78 Tolleson of Perry: to provide for voluntary investigation and remediation of properties where there have been releases of regulated substances. Passed Senate. Recommitted in House. Similar bill, HB 248, passed House and now in Senate Natural Resources Committee. SB 117 Powell of Blythe: to require Department of Economic Development to establish a web site for the Made in Georgia program. Passed Senate and referred to House Economic Development Committee. SB Adelman of Atlanta: to provide for portfolio standard goals of renewable and recoverable energy. Remains in Regulated Industries and Utilities, where a hearing is likely during closing days of the session. Will carry over. SB 155 Pearson of Dawsonville: to change provisions related to 25-foot buffers along state waters, so as to exempt ephemeral streams. Passed Senate and referred to House Natural Resources. SB 198 Tolleson of Perry: to allow EPD to use funds from emissions inspections for air quality program. Passed Senate 53 0 and referred to Natural Resources. SB 213 Wiles of Marietta: relating to product liability, to provide that plaintiff must prove defendant is directly responsible for the product. Passed Senate and referred to House Judiciary. SB 228 Tolleson of Perry: to change provisions relating to 25-foot buffers on streams. Passed Senate and referred to House Natural Resources. SB 229 Tolleson of Perry: to provide that administrative law judges give deference to EPD regarding findings in administrative hearings. Failed in Senate. SR 109 Tolleson of Perry: A resolution creating the Joint Study Committee on the Retrofit of Diesel Engines. Passed Senate 52-0.