Day 37 was action packed under the Gold Dome. The Senate passed out Committee, their version of FY 2011's budget. It includes a hospital provider fee and other fees associated in HB 1055. There are median cuts to agencies at eight percent; hospitals will receive $57 million from the fees paid in to enhance their rate. Other providers are assured of no cuts with the use of $26 million. The Senate restored the monies to the RESAs. It also funded 2,000 Pre-K slots and restored monies for the resource coordinators in Bright from the Start. The Department of Education's central office received a cut of nine percent. The Georgia Council for the Arts was restored more $800,000. There are monies for disability waivers and respite funds. The Unemployment Trust Fund was filled with $3 million and there is $245 million set aside for highway bonds. Additionally, the full Senate adopted the Conference Committee report on the FY 2010 Supplemental Budget.

Rules Committees meetings on both sides were long and testy at times with lawmakers asking for their Legislation to be heard on the appropriate floor. The Senate will take up 45 Bills on the Floor tomorrow.

Floor News

Senate

Commissioner Tommy Irvin, the Department of Agriculture Commissioner, was honored on Senate Floor by Sen. John Bulloch (R-Ochlocknee). Commissioner Irvin has lived in Hall County, commuting to Atlanta for 52 years while he has served at Agriculture Commissioner. Irvin thanked everyone for honoring him, but more importantly for honoring agriculture.

Dr. Dorothy Height, the Godmother of the Civil Rights Movement, was honored on the Floor today by Sen. Donzella James (D-Atlanta).

Sen. Jim Butterworth (R-Cornelia) also announced from the floor today that April is Child Abuse Prevention Month, and honored Prevent Child Abuse Habersham County.

HB 122, by Rep. Ed Lindsey (R-Atlanta), was presented by Sen. Buddy Carter (R-Savannah). This Bill requires a local government with an annual budget of more than one million to be sent to Carl Vinson Institute. The Institute will house all of these for public review. HB 122 passed 42 to zero.

HB 451 adopts Article 7 to Georgia's Uniform Commercial Code, as rewritten and brings Georgia into compliance with federal law. HB 451 passed 45 to zero.

HB 486, by Rep John Meadows, was presented by Sen. Bill Heath (R-Bremen). This Bill changes Superior Court Clerks' Retirement Fund of Georgia by not entitling credit for service after July 1, 2010. HB 486 passed 39 to two.

HB 651, presented by Sen. Donzella James (D-Atlanta), relates to the Department of Education's relay of information on sex offenders to schools. This permits the list to be sent electronically through a link to schools. This measure will provide cost savings to the Department by reducing the amount of postage used.  The Georgia Bureau of Investigation already has this information on line according to Sen. Heath. HB 651 passed 47 to zero.

HB 1016, by Rep Rich Golick (R-Smyrna), was presented by Sen. Bill Cowsert (R-Atlanta). It provides corporations to be brought under Georgia's identity fraud statute. Presently, only this law applies to individuals. HB 1016 passed 48 to zero.

HB 1085, by Rep. Katie Dempsey (R-Rome), concerns the reunification of families. Sen. Don Thomas (R-Dalton) presented the foster care compliance bill, which is tied to $80 million federal funds. No questions were raised and HB 1085 passed 47 to zero.

HB 1364, presented by Rep. Carl Rogers (R-Gainesville) in House was explained on Senate Floor by Sen. Jack Murphy (R-Cumming). It deals with the SEUS issue, who insured companies and went into insolvency (workers comp). SEUS was a captive company. The Legislation addresses 84 claimants in the Georgia Insurers Insolvency Pool. The Committee Substitute was adopted and passed without changes by a vote of 47 to two.

Sen. Jack Hill (R-Reidsville) explained the conference committee report on HB 947, the Amended FY 2010 Budget. Sen. Hill stated that our obligations and a balanced budget have been achieved for FY 2010 year. Amended FY 2010 reflects fallen revenues and Georgia's spending. Since April 2009, revenues have fallen $1.6 billion. The Governor reduced revenues by $342 million in revised revenue estimate. We are currently at the funding level of FY 2004-2005 in terms of amount of revenue. The median cut is around 18 percent; while the Department of Community Health faced cuts at around 9.7 percent. Sen. Hill explained his "Points to remember"; Tuition equalization payment was kept; not changed as proposed by Governor, funds for FQHC and DSH gets $17 million for private DSH facilities, changes were made in the selling of specialty license plates. The Amended FY 2010 funds new auditors and fraud investigators which should bring in $30 million into State Coffers. Finally, $20 million was added to shore up the State's mental health hospitals. The Senate adopted the conference committee report on HB 947 45 to four.

HB 1405, presented by Sen. Chip Rogers (R-Woodstock), will help with modernizing Georgia's antiquated tax system. A Special Joint Committee will act as a "conference committee", if legislation comes up in process. HB 1405 passed 34 to 14. 

HB 493 regarding the Youth Conservation Corps was TABLED.

SB 553 was read for the first time in the Senate today. SB 553 authored by Sen. Ralph Hudgens (R-Hull), deals with insurance and was assigned to the Senate Insurance Committee.

Sen. Seth Harp (R-Midland) moved that Senate adhere to its position on SB 238 and appoint a conference committee.

Senate agreed to the House Substitute as amended to SB 131. Sen. Bill Hamrick (R-Carrollton) explained the technical changes to the Georgia Trust and Estates Code. Sen. George Hooks (D-Americus) offered an amendment which was adopted. SB 131 was agreed to 48 to zero.

Sen. Bill Hamrick also moved that the Senate agree to House Substitute to SB 369. This Bill deals with where Housing Authorities may invest funds- the same instrumentalities that state may invest. SB 369 was agreed to 43 to one.

House

The House moved quickly through its calendar today in order to hold committee meetings this afternoon.

MODIFIED OPEN RULE

SB 6 passed 167 to zero. SB 6 changes the penalty for violations of restricted Driver's Licenses. There was no discussion on the Bill.

SB 354, relating to Public Roads, was presented on the Floor by Rep. Jan Jones (R-Alpharetta). SB 354 further declares authority of counties/municipalities to remove roads from their systems when removal is in best public interest. This Bill passed 163 to zero.

SB 456 would allow directors and elected officials to serve as commissioners of urban

redevelopment agencies. This Bill passed with one amendment 153 to three.

MODIFIED STRUCTURED RULE

SB 344, the 'Health Share' Volunteers in Medicine Act", provides sovereign immunity protection for physician assistants in safety net clinics. SB 344 passed 158 to two.

SB 432, the "Advanced Broadband Collocation Act", passed the House 165 to one, but a motion was made to reconsider by the Bill's presenter Rep. Don Parsons (R-Marietta). This motion was made in order to correct a misspelling within the Legislation. SB 432 will now go back to the Rules Committee for an amendment. 

The House agreed to the Senate Substitute on HB 703, 152 to two.

New Legislation

SR 1444 – Sen. Ronald Ramsey (D-Lithonia) offered this Resolution creating the Senate Study Committee on Reform of Teachers/Administrator's Rights and Responsibilities.

SR 1457 – Sen. Hamrick (R-Carrollton) offered this Resolution commending Sen. Don Thomas, Chairman of the Senate Health and Human Services Committee, for his 14 years of services to the citizens of his district and the citizens of Georgia. Dr. Thomas was declared Dr. of the Day for the 37^th Legislative Day.

Committee News

House Judiciary- Non-Civil Subcommittee

SB 391 was presented to the Committee by Sen. Renee Unterman (R-Buford). SB 391 seeks to change to O.C.G.A. § 17-7-130 revising and adding definitions relating to proceedings upon plea of mental incompetency to stand trial.  It specifically adds a definition for "child" which is a person under the jurisdiction of the superior court pursuant to Code Section 15-11-28."  It amends the current definition for "inpatient" to not only have the definition as found in O.C.G.A. § 37-3-1(9.1) but to also mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement.  It adds that if a plea is filed that a defendant in a criminal matter is mentally incompetent to stand trial and the special jury finds that defendant then mentally incompetent to stand trial, then the Department of Behavioral Health and Developmental Disabilities would be then authorized to place that defendant in a secure hospital or community facility designated by the Department. The Department of Behavioral Health and Developmental Disabilities requested that an amendment be added to the Bill which would expand this change to include mentally incompetent adults as well. The Department has asked for this amendment move towards compliance with the American Disabilities Act. The primary goal of this amendment is to create new partnerships with facilities and redirect services for serving persons with developmental disabilities. The Department wants to have bridge language that will help them phase out hospital admissions unless for a crisis. Additionally, the Department wants to utilize community services and ensure that individuals in the community are receiving waiver services. Rep. Kevin Levitas (D-Atlanta) was concerned that these were major changes being brought up during the final days of the forty day legislative session. SB 391 was held in Committee so further work could be done to the Bill.

House Insurance

House Health and Life Subcommittee met this morning and passed out SB 363 to allow the employees of the Georgia Student Financing Committee to join the State Health Benefit Plan and this bill passed the full Committee also this afternoon.  SB 50, registering rental PPO networks was on the Subcommittee agenda but was postponed until the full Committee meeting. Chairman Meadows brought a new substitute which contained the exemption for ERISA plans, but also had the provisions for insurers to pay for one annual prescription doses for medicines not on a formulary at a cost up to $200.  This bill is former Chairman Knox's bill that had not moved in the Senate.  The Committee heard from the several pharmacy benefit manager companies and the Georgia Association of Health Plans with concerns about how to implement the bill.  After testimony, Rep. Mike Cheokas (D-Americus) moved to delete this prescription provision from the bill and his amendment passed 8 to 5.  The Committee unanimously added an exemption for pharmacy benefit management companies from the definition of rental networks in underlying SB 50.  The underlying Bill was moved to Rules.

House Economic Development and Tourism

HR 1913, presented by Rep. Roger Bruce (D-Atlanta), creates a House Study Committee on Reducing Poverty and Increasing Economic Security. Rep. Bruce cited that there is a whole new group of people in poverty now. Concerns were raised about per diems paid to members of the Study Committee during a budget crunch. Rep. Bruce stated that they would go without their per diem if necessary. HR 1913 passed out of Committee.   

House Health and Human Services

The House Health and Human Services Committee passed out SB 443 with Rep. Debbie Buckner's (D-Columbus) amendment in the substitute with language tightened on "notice." Rep. Rusty Kidd's (R-Milledgeville) also passed out creating oversight of the Department of Behavioral Health and Developmental Disabilities.

 HR 1891, passed out of Committee creating Georgia Hepatitis Day.

HR 1946 relating to "sharps" would require the Department of Community Health to educate the public on the disposal of home-generated sharps. Two groups were added to this Resolution - hospice and home health.

SB 367 was presented by Rep. Sharon Cooper (R-Marietta), related to who may provide consent to treatment for a person who is lacking the capacity to make medical decisions. (This was originally Sen. Don Balfour's (R-Snellville) influenza bill). Rep. Ron Dodson (D-Riverdale) supported the proposal. Rep. Michele Henson (D-Stone Mountain) asked about same-sex commitments; which the Bill does not address. Same sex partner could qualify-only in situation when no one else in the list permitted to make decisions. Rep. Joe Wilkinson (R-Atlanta) added an amendment -trying to capture other relatives. SB 367 received a "do pass" recommendation from the Committee. 

House Ways and Means

SB 118, authored by Sen. Robert Brown (D-Macon), prohibits persons who are serving or have served as member of county board of tax assessors from serving as employee of the board. SB 118 passed out of Committee with one amendment. 

Rep. Ron Stephens (R-Savannah) presented SB 409. This Bill seeks to level the playing field for producers of forestry products and protect current forestry jobs in Georgia. If a subsidy is provided for one forestry product it must be provided to all forestry product producers across the board. SB 409 received a "do pass" recommendation from the Committee. 

SB 512 provides the state revenue commissioner with authority to collect sales/use taxes from businesses that may not be obligated, was held in Committee.

Senate Judiciary

HB 24 is an update to Georgia's Evidence Code in order to align it with the Federal Rules of Evidence. HB 24 received a "do pass" recommendation from the Committee. 

Senate Finance

Rep. David Knight (R-Griffin) presented a substitute on HB 333. HB 333 is a tax exemption for the Georgia Building Authority, which passed out of Committee last year. The Attorney General cited that this is required to be in statute. HB 333 passed out of Committee with no discussion.

Rep. Katie Dempsey (R-Rome) presented HB 1005, which began as fundraising effort for the Atlanta Zoo. This would allow for a specialty license plate to provide funding for Zoo Atlanta. Additionally, the Department of Revenue is using this Bill to clean up on their effort dealing with limousines and taxi cabs. An amendment was added to include a new decal that would permit vehicle owners to replace the name of the county with a sticker decal that says "in God we trust". The Bill received a "do pass" recommendation from the Committee

Rep. Doug Holt (R-Social Circle) presented HB 1013. Rep. Holt cited that this Bill was brought up from the suggestion of a constituent on transparency for SPLOST. The State's website would be required to post these reports. The Committee passed HB 1013.

Rep. Wendell Willard (R-Sandy Springs) presented HB 991, which passed the House and the Senate last year, but was vetoed because the Governor had questions. The Bill deals with how cities and counties deal with local option sales taxes. Baseball arbitration will deal with "division" of the funding. The Georgia Municipal Association and the Association of County Commissioners are both in agreement with the Bill. 

Additionally, every ten years cities and counties renegotiate LOST using seven standards. If negotiations fail, a Judge not from the circuit will hear the case. HB 991 passed out of the Committee.

Rep. Jay Powell (R-Camilla) presented HB 1082, which provides for an inventory tax exemption for all inventory except "freeport". Georgia is one of only ten states that still tax inventory, putting Georgia businesses at a disadvantage. HB 1082 passed out of Committee to be carried by Sen. John Bulloch (R-Ochlocknee) in the Senate.

Rep. Ron Stephens (R-Savannah) presented HB 1139 for Rep. James Mills (R-Gainesville). HB 1139 would provide for a notice to a property owner for any changes in their property tax assessment, not just for an increase. This Bill passed out of Committee.

HB 335 permits a special SPLOST of up to one percent for intended for economic development purposes. This SPLOST can be done in increments of one-tenth. HB 335 passed the Committee with one dissenting vote.