Greetings from the Gold Dome!  Today marked the 31^st day in the Legislative Session.   

Floor News  

          Both the House and Senate were interested in working through bills on their respective calendars which would keep debate at a minimum in order to end their day as early as possible.   

          The following will highlight some of the House's activities:  

There were three bills dealing with law enforcement issues on the calendar:  

1) HB 595, the War on Terrorism Local Assistance Act, permits counties and municipalities to issue revenue bonds for the purpose of building facilities to house specialized equipment and personnel necessary for first response teams.  The bill passed by a vote of 158 to 3;  

2) HB 196, the legislation concerning trafficking marijuana, passed by a vote of 139 to 13.  Georgia 's law currently states that any person who is caught with 50 pounds or more of marijuana, is trafficking in the drug.  This is considered a felony, mandating a minimum of five years imprisonment, and a fine of at least $10,000.  Persons who have in their possession smaller amounts are charged with possession or possession with intent to sell – these carry lesser penalties.  As introduced, HB 196 would have cut the trafficking standard to 25 pounds.  Lawmakers had some concerns that this amount was still too great; thus, an amendment passed decreasing the threshold to 10 pounds.

3) A domestic violence bill rounded out the third piece of legislation dealing with law enforcement issues.  HB 255 seeks to assist victims of domestic violence which are unable to speak English by providing such victims, free of charge, with translators.  Such translators would be provided to those victims applying for a protection order.  Translators would be paid from the victim's assistance fund, collected by the courts.  This bill cleared the House by a vote of 155 to 7.  

Another bill dealing with the State's natural resources also passed.  HB 579, which proposes to implement a comprehensive water usage monitoring program by utilizing the State Soil and Water Conservation Commission, passed.  This would have to be funded, however, by the General Assembly.  This is an effort to collect accurate data on water usage so that management may be made more readily.  

One health-related bill also passed the House.  HB 521 passed by a vote of 154 to 1.

Rep. DuBose Porter introduced this bill which adds a new Code Section at 31-12-3.2.  It will require that every post-secondary educational institution, regardless if it is public or private, will provide each newly admitted or matriculated freshman or transfer student, or the student's parent or guardian if the student is a minor, the following information:

"(1) Meningococcal disease is a serious disease that can lead to death within only a few hours of onset; one in ten cases is fatal; and one in seven survivors of the disease is left with a severe disability, such as the loss of a limb, mental retardation, paralysis, deafness, or seizures;
(2) Meningococcal disease is contagious but a largely preventable infection of the spinal cord fluid and the fluid that surrounds the brain;
(3) Scientific evidence suggests that college students living in dormitory facilities are at a moderately increased risk of contracting meningococcal disease; and
(4) Immunization against meningococcal disease will decrease the risk of the disease."

Further, the bill has a requirement that students have to have written acknowledgement that he or she has received and reviewed such information on the disease as provided by the school.  If the student is underage, then the parent must acknowledge such.  The bill, however, does not require any post-secondary educational institution to provide or pay for vaccinations of students against meningococcal disease.

          On the Senate side, there were a number of bills.  Here are just a few of those which were discussed:  

Sen. Jeff Mullis presented SB 218, relating to the indemnification of emergency management employees, 911 operators, or dispatchers.  SB 218 passed by a vote of 47 to 0 without changes.  

Sen. Joey Brush explained SB 248, the first of Gov. Sonny Perdue’s comprehensive education reform bills, which would make revisions to HB 1187 pertaining to accountability in the public school system.  Several amendments were offered.  Sens. Brush and Bill Stephens proposed Amendment 1 to the bill, which would help clarify the data to be used in school assessments.  Sen. Brush also spoke to Amendment 2, which strikes certain requirements dealing with fair dismissal of employees.  Sen. Stephens also spoke about Amendment 2, proposing to eliminate language relating to fair dismissal from the bill.  Sen. Chuck Clay addressed his Amendment 5 which proposed to clarify the law regarding the suspension of teachers with pay and the benefits of leave.  

Sen. Steve Thompson, a Floor Leader under former Governor Barnes took the well to speak against the bill and to his Amendment 1A to Amendment 1 and Amendments 3 and 4 to the bill.  Sen. Thompson helped pass HB 1187 while Governor Barnes was in office. Amendment 1A restores language that relates to early intervention students.  

Sen. Brush was opposed to Amendments 1A and 3, and in favor of Amendments 1, 2, 4, and 5.  

Amendment 1A to Amendment 1 was lost by a vote of 22 to 23;  Sen. Nadine Thomas  moved to reconsider Amendment 1A.  Her motion failed by vote of 25 to 25.  Amendment 1 was adopted by a vote of 50 to 0.  

Amendment 2 was adopted by a vote of 49 to 0.

Amendment 3 was lost by a vote of 24 to 26.

Amendment 4 was adopted by a vote of 47 to 0.

Amendment 5 was adopted by a vote of 50 to 0.  

The committee substitute to SB 248 was adopted by a vote of 43 to 4 and the bill passed by substitute as amended by a vote of 32 to 16.  

Sen. Brush also spoke about SB 249, the second education bill by Governor Perdue.  The legislation proposes to give local schools control and flexibility over their policies by defining the duties of the Office of Student Achievement.  Sen. Thompson also spoke in opposition to this bill and urged its defeat.  Further, he proposed several amendments: Amendments 1, 2, 3, and 7.  Amendment 7, which he felt was most important, addresses student/teacher ratios in the K-3 level.  Sen. Tate took the well to speak to her Amendments 4, 5, and 6:  

·        Amendment 4 would push forward the effective date of class size change to after October 1^st.

·        Amendment 5 would remove the stipulation on required computer competency tests for teachers.  It also dealt with a fingerprinting issue for teachers.

·        Amendment 6 proposed to modify the planning period for middle school teachers.  

Sen. Faye Smith proposed Amendment 8, which would require that paraprofessionals receive an annual contract of employment.  

Sen. Fort suggested Amendment 10, which deals with the required daily work time periods for teachers.  

Sen. Meyer Von Bremen addressed his Amendment 9, which modifies language concerning school council meetings and changes of employment due to transfer, retirement, resignation or termination.  

Sen. Brush was against all amendments proposed except for Amendment 11.  Sen. Clay took the well to speak to the bill, without changes.  Sen. Fort moved to withdraw his Amendment 10 which carried.  

Here are the votes on the bill:  

Amendment 1 failed by a vote of 24 to 27.

Amendment 2 failed by a vote of 22 to 28.

Amendment 3 failed by a vote of 24 to 25.

Amendment 4 failed by a vote of 18 to 31.

Amendment 5 failed by a vote of 22 to 29.

Amendment 5a was adopted by a vote of 47 to 0.

Amendment 6 failed by a vote of 22 to 29.

Amendment 7 failed by a vote of 21 to 30.

Amendment 8 failed by a vote of 23 to 28.

Amendment 9 failed by a vote of 23 to 28.  

There was motion for reconsideration made on Amendment 9 by Sen. Thompson which failed by a vote of 21 to 30.  

Amendment 11 was adopted by a vote of 41 to 10.

Amendment 12 failed by a vote of 15 to 36.  

The committee substitute was adopted by a vote of 37 to 11 and the bill passed by a vote of 31 to 20.  

Sen. Price explained a bill dealing with Charter Schools, SB 216.  The bill proposes to  provide funding, facilities funds, surplus property, and bulk purchasing for the schools.  The Senate adopted the Committee Substitute by a vote of 32 to 2 and passed the bill by a vote of 41 to 8.  

The re-write of the Veterinary Practice Section in the Code was also on the Floor.  Sen. Renee Unterman explained the bill and its committee amendment.  The Senate adopted the Committee Amendment by a vote of a vote of 36 to 0 and passed the bill by a vote of 46 to zero.  

New Legislation  

HB 869 – Speaker Coleman and others have proposed amending Title 15 in an effort to repeal additional charges on criminal and civil filings and proceedings.  It proposes additional charges on civil and criminal filings and has fines paid to the Administrative Office of the Courts.  This increase would be 15% more on the initial amount of the civil filing fee.  For every criminal fine imposed, there would be an additional fine in the amount equal to 25% of the initial amount of the criminal fine.  There would also be 15% added to any bail or bond forfeiture in the sum equal to 15% more of the initial amount.  These changes are inserted at O.C.G.A. § 15-5-121.  The Clerk of the courts would paying the entire amount of additional charges outlined and pay those to the Administrative Office of the Courts at the end of each calendar month.  The Administrative Office of the Courts would then pay these out as follows:  

2.5% to the Children's Trust Fund (not to exceed $1,190,000 annually);

3.7% to the Brain and Spinal Injury Trust Fund (not to exceed $1,750,000           annually);

2.4 % to the Georgia Crime Victims Emergency Trust Fund (not to exceed $1,150,000 annually);

There is also a repeal of the divorce case filing fee for the Children's Trust Fund and additional marriage license fee which goes to the Children's Trust Fund.  This bill also repeals Article 4 of Chapter 21, the Peace Officer and Prosecutor Training Fund of 1983; repeals the compensation to victims of violators of driving under the influence statute; repeals O.C.G.A. § 15-21-149 concerning fines and penalties; repeals O.C.G.A. § 15-21-150 concerning collection of fines and disposition of monies collected; repeals O.C.G.A. § 15-21-151 concerning failure to collect and delinquency; repeals O.C.G.A. § 15-21-152 concerning the duty to collect and misdemeanor.  

HB 883 – Rep. Borders has proposed this amendment to Chapter 8 of Title 48 concerning the sales and use taxes.  This is an effort to provide for procedures for a levy and collection for a special purpose local option sales and use tax.  Among the bill's provisions include:  

·        A new O.C.G.A. § 48-8-201:
"The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time.  Any tax imposed under this article shall be at the rate of 1 percent.  Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter.  No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3."

·        A new O.C.G.A. § 48-8-202 concerning notice and use of the funds:

"(a) Prior to the vote of a county governing authority to impose the tax under this article, such governing authority shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county.  Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each municipality are to meet to discuss the proposed tax.  The notice shall be delivered or mailed at least ten days prior to the date of the meeting.  The meeting shall be held at least 30 days prior to the issuance of the call for the referendum.  Following such meeting, a county governing authority voting to impose the tax authorized by this article shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax.  Such ordinance or resolution shall specify: (1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of any of the following purposes: (A) Offsetting Medicaid costs in public hospitals; (B) Indigent medical care in public hospitals; or (C) Any combination of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; (3) The maximum cost of the purposes which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (4) If debt is to be issued in conjunction with the imposition of the tax, as authorized by this article, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt.
(b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county.  The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540.  The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county.  If debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required."  

HB 885 – Rep. Moraitakis and others have offered this bill amending Chapter 2 of Title 1 to be known as the "Georgia Nondiscrimination Act of 2003."  It deals with any person who may be deprived of any rights, privileges or immunities secured by the Constitution or laws of Georgia based upon a person's race, color, national origin, gender, marital status, sexual orientation, age, religion, or disability status or perception thereof.  It has a prohibition to discrimination by conspiracy.  It would also require language to be drawn to all contracts which the State enters into with third-party contractors concerning compliance with this law.  There are civil penalties which can be pursued.  Also, if there is a conspiracy, then the Attorney General may bring an action.  Among other prohibitions included: unlawful discrimination of employment practices; unlawful discrimination in public accommodations; unlawful discrimination in credit and banking practices; unlawful discrimination in insurance practices; etc.  

HB 887- Rep. Smith and others have introduced this bill amending O.C.G.A. § 9-11-68 concerning provisional and final remedies and special proceedings under the "Georgia Civil Practice Act."  This deals with settlement offers which were rejected by parties which were more favorable than judgments rendered and who shall pay the reasonable costs incurred by the offeror after the making of the offer."  At any time more than 15 days before the trial begins, any party may give written notice by registered or certified mail or statutory overnight delivery, return receipt requested, to an adverse party of an offer to settle a claim for monetary damages for a specific dollar amount.  If before the trial begins and within 30 days after the date the notice of the offer is received or refused, the adverse party gives written notice by registered or certified mail or statutory overnight delivery, return receipt requested to the offeror that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of written notice by registered or certified mail or statutory overnight delivery, and thereupon the clerk shall enter judgment.  An offer not accepted before the trial begins and within 30 days of receipt or refusal shall be deemed withdrawn, and evidence thereof is not admissible except in a proceeding to determine costs under subsection (c) of this Code section.  Any offer made or accepted under this Code section may specify that the terms of settlement are confidential and are not to be disclosed to any other party or any non-party.  Nothing in this Code section is intended to prohibit the implementation of a confidential settlement reached as a result of a settlement offer extended pursuant to the terms of this Code section."  Once an offer is made but not accepted, it does not preclude a subsequent offer.  The bill also addresses liability determination but when the amount or extent of the liability remains to be determined by further proceedings.  Examples of costs which can be assessed include: expenses of mandatory mediation and alternative dispute resolution mechanisms; premiums paid on the expenses of necessary posting, undertakings, bonds, or security stipulations; ordinary witness fees; fees of expert witnesses who are not employees of any party; the cost of taking, videotaping, and transcribing necessary depositions, including an original and one copy of those taken by the claimant and one copy of depositions taken by the party against whom costs are allowed and travel expenses to attend depositions; the cost of producing exhibits; the expense of service and publication of summons or notices, and postage when the same are served by mail; expenses of attachment; etc.  

HR 561 – Rep. Burmeister and others have proposed this Resolution urging appropriate state officials to take "all necessary steps" to obtain the federal grant monies available under the federal Trade Act of 2002 to assist the implementation of the Georgia High Risk Health Insurance Plan.  

HR 563 – Rep. Drenner and others have offered this Resolution recognizing mental illness and suicide in youth as a state public health crises.  This Resolution encourages evidence-based initiatives to screen children and youth for mental disorders in order to identify illness and prevent suicide among youth.  

HR 588 – Rep. Harrell and others have introduced this Resolution creating the House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People.  There exists a need to review current health insurance options available to small businesses and uninsured people including insurance pools and to explore new methods of making available health plans to small businesses that will provide broader coverage, a more stable network of providers and more predictable rates.  This Committee would be made up of five Representatives, appointed by the Speaker.  Any ideas, findings and recommendations would be made on or before December 31, 2003 .  

SB 361 – Sen. Tolleson and others have proposed the "Regulatory Reform Act of 2003."  This deals with the State's process for promulgating rules and procedures.  The substantive changes are made with a new Code Section in 50-13-4.  It states that prior to the adoption, amendment or repeal of any rule, other than interpretive rules or general statements of policy, an agency must give at least 30 days notice of the intended action.  The bill outlines the content of this notice which would be mailed to persons and organizations requesting in writing that they be placed on a mailing list and such would be posted on the internet.  The agency shall afford to all persons a reasonable opportunity to submit data, views or arguments, orally or in writing, and then the agency must consider such.  In the case of substantive rules, opportunity for oral hearing must be granted if requested by 25 persons who will be affected by the proposed rule by a governmental subdivision, by a standing committee of the General Assembly to which the proposed rule is referred, or by an association having not less than 25 members.  Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption.  The notice referred to above must be sent to the Legislative Counsel at least 30 days prior to the date of the agency's intended action.  In turn, the Legislative Counsel has three days to provide the presiding officers of each house with a copy of the notice and the presiding officers shall then assign the notice for review to the chair of the appropriate standing committee.  If objection is raised by the standing committee where it is assigned, then the chair shall conduct a meeting within 20 days of such filed objection for the purpose of receiving the comments of the public and the agency concerning the legality of, the necessity for, the impact of, and the appropriateness of such proposed rule.  This process applies to any rule of the Department of Human Resources which is promulgated per O.C.G.A. § 31-2-7 or 31-45-10 except that the presiding officer of the Senate is directed to assign the notice of such a rule to the chair of the Senate Science and Technology Committee and the presiding officer of the House is to assign the notice to the chair of the House Committee on Industrial Relations.  There is also some timing guidelines for filing a proceeding to protest any rule on the ground of non-compliance with the procedural requirements – this must be done within two years from the effective date of the rule.  

SR 316 – Sen. Jackson has offered this Resolution recognizing September 21, 2003 as Myositis Awareness Day in Georgia .  This disease generally affects adults over the age of 50 and its symptoms include a progressive inflammation of the muscles in the arms and legs which result in weakness, pain, tenderness, and atrophy.  It also produces diminished involuntary muscle contractions.  

Committee Activity  

          During the next week, Lawmakers will work on completing a plan for the FY 2004 Budget.  It is anticipated that many efforts concerning the budget will fall victim to the lack of revenue unless some revenue enhancement measure is implemented.  Some of those revenue enhancement items being considered include the repeal of the food tax exemption, implementation of more tobacco taxes on smoking tobacco, and possibly implementing a full one cent sales tax on all sales.