Gold Dome Report for January 24, 2011
Lawmakers returned to the Capitol today for Day 3 of the Legislative Session. Needless to say, many were anxious to get down to work on the "people's business" and especially delving into the Budget situation. Last week, hearings were held before the Joint House and Senate Appropriations Committees so that they could hear more detail about the proposed FY 2011 Amended and FY 2012 Budgets as presented by Governor Deal. Both the House and Senate adjourned early for the day, leaving time for many Committees to hold organizational meetings.
New Legislation
HB 49 – Rep. Walker (R-Loganville) authored a name change for the State Board of Technical and Adult Education so that it would become known as the State Board of the Technical College System of Georgia in O.C.G.A. § 20-4-10.
HB 50 – Rep. S. Jones (D-Atlanta) proposed a new Code Section for the purposes of requiring that all State agencies explicitly outline in their rules, regulations, and guidelines the date certain when specific provisions become applicable as promulgated pursuant to Chapter 13 of Title 50. This new Code Section would be inserted at O.C.G.A. § 50-1-10.
HB 51 – Rep. S. Jones (D-Atlanta) authored this proposal for a new Chapter 16 in Title 10 to provide for a deposit on beverage containers to encourage the collection and recycling of such containers. It would specifically require that any person selling or offering for sale a beverage container in Georgia to collect a deposit on the container by a "registered deposit initiator." A "deposit initiator" is established in O.G.A. § 10-16-3 and means:
(A) The bottler of the beverage in such container;
(B) The distributor of such container if such distributor's purchase of such container
was not, directly or indirectly, from a registered deposit initiator;
(C) A dealer of such container who sells or offers for sale such container in this state,
whose purchase of such container was not, directly or indirectly, from a registered
deposit initiator; or
(D) An agent acting on behalf of a registered deposit initiator.
HB 52 – Rep. Bearden (R-Villa Rica) dropped this Bill adding that public and private schools, public and private colleges, and public and private universities where disabled persons attended may be accompanied by a guide or service dog in O.C.G.A. § 30-4-2.
HR 20 – Rep. Brockway (R-Gwinnett) proposed a Constitutional Amendment for Article III, Section IX, Paragraph IV by adding a new subparagraph (e) to limit the rate of growth in the State budget with such limitation based upon changes in the Consumer Price Index and population growth.
SB 4 – Sen. Judson Hill (R-Marietta) authored this Bill which amends Chapter 24 of Title 33 so as to opt out of funding certain abortions through certain qualified health plans offered by insurance. It enumerates certain exceptions and provides for a right of intervention in certain lawsuits.
SB 6 – Sen. Judson Hill (R-Marietta) also proposed this Bill amending Georgia Insurance Code in Title 33, addressing uses of premium taxes. It deals with the provisions relating to group accident and sickness contracts, conversion privileges, and continuation of right provisions. It further provides for the creation of the Georgia Individual High Risk Reinsurance Pool as well as its powers and authorities and repeals the Commission on the Georgia Health Insurance Risk Pool.
SB 7 – Sen. Heath (R-Bremen) proposed changes to Chapter 9 of Title 34 relating to workers' compensation, so as to provide that benefits will not be paid to noncitizens who are not employed legally. It further requires that such payments will not be made unless the noncitizen is present in the United States legally at the time such payments are made.
SB 8 – Sen. Seabaugh (R-Sharpsburg) offered changes in Chapter 5B of Title 50 to direct the State accounting officer to contract with a third-party to audit State contracts for the purpose of recovering certain funds. An annual report would be required.
SB 9 – Sen. Seabaugh (R-Sharpsburg) also offered this idea amending Chapter 9 of Title 12 to permit the Governor to delay implementation of the requirements of any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made and the Governor finds that the implementation will benefit the citizens of Georgia. It further adds language providing for legislative intent and directs the Attorney General to undertake certain litigation under certain circumstances.
SB 10 – Sen. Bulloch (R-Ochlocknee) introduced this amendment to O.C.G.A. § 3-3-7 relating to the local authorization and regulation of sales of alcoholic beverages on Sunday. It would permit that in each county or municipality in which package sales of only malt beverages and wine by retailers is lawful, the governing authority of the county or municipality, as appropriate, could authorize package sales by a retailer of malt beverages and wine on Sundays from 12:30 P.M. until 11:30 P.M., if approved by referendum.
SR 16 – Sen. Shafer (R-Duluth) offered this Resolution proposing a Constitutional Amendment to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions.
SR 17 – Sen. Albers (R-Alpharetta) authored this Constitutional Amendment to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions.
SR 18 – Sen. Judson Hill (R-Marietta) introduced this Constitutional Amendment to the State's Constitution providing that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions.
SR 19 – Sen. Judson Hill (R-Marietta) offered this Resolution to create the Senate Study Committee on Advance Directives.
SR 20 – Sen. Rogers (R-Woodstock) offered this Constitutional Amendment to provide for limitations on State government taxation and expenditures. It outlines spending limits and makes provisions for excess revenues.
Committee News
Several Committees held initial meetings today at the Capitol. Those meetings established governing Rules for the Committees, including quorum requirements for actions and things of that nature.
The House Appropriations Committee's Department of Community Health Subcommittee also met. This Subcommittee, which is now under the leadership of Rep. Butch Parrish (R-Swainsboro), heard more directly from the Department of Community Health's new Commissioner David Cook and the attached agencies to that Department (Georgia Board for Physician Work Force, State Medical Education Board, Composite Medical Board and Georgia Cancer Coalition). Commissioner Cook acknowledged at the end of the meeting that, while the Governor's proposal included replacement of lost stimulus money in the Medicaid programs, there were still reductions in Medicaid funding proposed for the Budget.
Rep. Ben Watson, a physician and new member of the Subcommittee, raised a point with the Department and his colleagues that while there are 400 " medical residency slots" for physician training in the State, there are actually 500 medical students in the various programs. He reminded Subcommittee members that physicians tend to practice medicine within 100 miles of their residency programs and that perhaps more attention should be made in terms of recruiting physicians to Georgia.
In the presentation made by Bill Todd for the Georgia Cancer Coalition, Mr. Todd explained that Georgia had made a nine-year investment in this Coalition thus far. Georgia, at the time the Coalition began, was well below the national average in numbers of cancer deaths. Now, Georgia is above the national average – meaning that more Georgians were getting the requisite screening and treatment and fewer numbers are dying from those cancer-related diseases. Mr. Todd also announced that Emory has been named by the National Cancer Institute as one of 62 designated centers in the country for cancer treatment. Rep. Ron Stephens (R-Savannah) inquired about smoking cessation programs and asked about the $500 million spent by the Department of Community Health on cigarette-related diseases (remember that Rep. Stephens has been a proponent of an increased tobacco tax in the State). Rep. Pat Gardner (D-Atlanta) asked Mr. Todd to explain the funding aspects for this Coalition as money for its work is embedded in various parts of the State's Budget (for instance, money is also in the Board of Regents). Rep. Gardner was assured that a summary of the Tobacco Funds would clarify some of her questions. Rep. Ben Watson asked Mr. Todd about the out-migration of patients – noting that 11 percent of Georgia's cancer patients sought care outside of the State.
After Commissioner Cook's presentation, Rep. Mickey Channell (R-Greensboro) inquired about the funding of positions for the Health Care Facility Regulation efforts. He was particularly interested in the money allocated last year for six individuals to help eliminate the backlog for credentialing. Rep. Channell was assured that the Department had been addressing those issues and improved processes with existing personnel for those credentialing efforts. Rep. Michele Henson (D-Stone Mountain) also raised questions about credentialing of providers when CMOs made changes; Jerry Dubberly, Director of Medicaid, was not aware of those credentialing changes but was aware of vendor changes which caused providers to undergo re-contracting efforts. Rep. Pat Gardner (D-Atlanta) asked about Georgia's waiting list for services for persons with AIDS; Georgia has the second largest list in the country for numbers of persons waiting for such services.
Download the 2011 Georgia House Committee Assignment Listing at the link below.
http://www.nelsonmullins.com/DocumentDepot/2011CommitteeAssignments1.pdf
Please contact Stanley S. Jones, Jr. or Helen Sloat at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.