Happy Groundhog Day!  While Georgia's General Beauregard Lee may have predicted that an early spring is on the way, you could not have proven that at the Capitol.  It was very evident that it was still winter here as folks were bundled up, scurrying in from the Atlanta cold. 

Meanwhile, it was truly a day for "headgear" whether it was hats and toboggans or tiaras, hardhats, or fire safety gear.  Several reigning beauty queens from around the State were recognized in the Capitol for their accomplishments.  Firefighters were there in force to demonstrate that they were also effective lobbyists – with recognitions given on the Capitol steps while lobbying for additional moneys for training and certification standards.  "Annual Firefighters Recognition Ceremonies" were conducted recognizing the firefighters from across the State.

Actions taken by the House on Monday are now causing a stir of sorts – Georgia has approximately 115,000 public school teachers and these teachers would have to wait until May 15 (for the next three years) in order to determine if they have contracts.  Under the current law, teachers are told by April 15 whether they have jobs for the coming school year.  Rep. Jay Neal (R-LaFayette) proposed the idea in an effort to give local school districts more time to determine their actual financial picture.  "PAGE" (the Professional Association of Georgia Educators) actually liked the April 15 deadline better but apparently understood the need to push it out further.  The initiative, HB 906, has now been sent to the Senate for it to ponder.

House

On the House side today, rumors of the tobacco tax discussion circulated.  The proposal apparently is to increase the rate from $.37 per package of 20 cigarettes to $.62 cents.   Additionally, the Tobacco Tax Coalition has reconvened and is trying to garner some support for its Pass the Buck as a way in which to help fund the gaping hole in the State's Budget.

The following Bills were on the House Rules Calendar today and all passed:

• HB 219, authored by Rep. Tommy Benton (R-Jefferson), which would add an aversive agent to antifreeze to render it unpalatable.
• HB 905, proposed by Rep. Tom Dickson (R-Cohutta), would provide capital outlay funds in the Quality Basic Education Act.
• HB 906, offered by Rep. Jay Neal (R-LaFayette), allows for the deadline of annual contracts for elementary and secondary education be extended temporarily.
• HB 907, authored by Rep. David Casas (R-Lilburn), allows for flexibility for school systems in relation to the housing of middle school students.
• HB 923, offered by Rep. Jay Neal (R-LaFayette), provides salary schedules for certified school personnel.

Senate

It was declared that February 2, 2010 was "Food Service Industry Day" in the State's Capitol.  Sens. Pearson, Harp and Sims commended the food service industry and their role in Georgia's economic prosperity.  Georgia's food service industry generates more than $14 billion on annual basis and provides more than 400,000 jobs to Georgians.

The Senate had two Bills on its Rules Calendar, SB 296, offered by Sen. Mitch Seabaugh (R-Newnan), which would rename the Office of Treasury and Fiscal Services to the Office of the State Treasurer and SB 319, offered by Sen. Cecil Staton (R- Macon), which changes the definition of text book to include computer hardware and technical equipment.

New Legislation

HB 1039 – Rep. Debbie Buckner (D-Junction City) has proposed changes to O.C.G.A. § 12-5-7 to provide that a statewide outdoor watering schedule be imposed in an effort to conserve water in the State.  Her Bill states that, "No person shall irrigate outdoors for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants during the hours of 10 A.M. and 6:00 P.M. daily."  There are some exceptions to this also enumerated (such as commercial agricultural operations or personal food gardens).

HB 1051 – Rep. Mark Butler (R-Carollton) introduced this initiative creating a new Article 5 in Chapter 8 of Title 48, authorizing the imposition of a homestead option sales and use tax for education purposes.  It also establishes "special districts" as well as outlines how the funds would be collected and distributed.  See the accompanying Constitutional Amendment below, HR 1238.

HR 1237 – Rep. Tim Bearden (R-Villa Rica) proposed a Constitutional Amendment providing that a coroner will be a county officer where such office has not been abolished pursuant to law.  This proposal would be included in the State's Constitution at Article IX, Section I of the Constitution be revising subparagraph III(a).

HR 1238 – Rep. Mark Butler (R-Carrollton) authored this Constitutional Amendment to authorize a board of education to levy a homestead option sales and use tax for educational purposes at Article VIII, Section VI in a new paragraph V.  This tax would be done through a resolution and would be limited to the rate of one percent and the General Assembly would be required to provide by general law for the implementation of this tax.  The tax would continue until the board of education of the county school district or the independent school district by resolution calls for the termination of such levy within that school district conditioned upon approval by a majority of the qualified voters residing within the limits of the school district voting in a referendum and would require the simultaneous approval of a local Act providing for the repeal of the homestead exemption.  See HB 1051 above.

SR 939 – Sen. Greg Goggans (R-Douglas) proposed a Constitutional Amendment to provide that lottery tickets and other lottery participation must be subject to State and local sales and use taxation.  This amendment would be inserted at Article I, Section II, Paragraph VIII of the State's Constitution with a new subparagraph (d) so that "on an after April 1, 2011, sales of lottery tickets and charges for any other type of participation in any lottery game shall be subject to state and local sales and use taxation."  If passed, this amendment would need to be placed on the ballot to be approved by voters.

Committee News

Senate Insurance and Labor Committee

This afternoon the Senate Insurance and Labor Committee took up SB 50, the initiative introduced in 2009 by the Chairman of the Committee, Ralph Hudgens (R-Hull).  This Bill, also called the "rental networks" or "silent PPO" legislation was originally developed from model legislation by NCOIL (National Conference of Insurance Legislators).  The initiative creates a new Chapter 20C in Title 33, requiring "disclosure" and transparency of physician networks.  There were many in today's hearing in favor of this Bill including the Medical Association of Georgia, Resurgens Physicians, Georgia Hospital Association, and Georgia Dental Association. The Department of Insurance also liked the Committee Substitute which was presented.  The initiative, which passed out of the Committee today, did not contain the ERISA exemption language, which the Georgia Association of Health Plans had hoped would be included.

Senate Education

Sen. Emmanuel Jones (D-Decatur) presented his two pieces of Legislation to the Committee today, SB 299 and SB 332, both of which are aimed at curbing some abuses of Georgia's Zero Tolerance Policy with weapons at school.  SB 299 seeks to prohibit standing court orders from judges in certain zero tolerance cases. If a child inadvertently brings a weapon to school, a blade two and a half inches or more, the child would have to have a court hearing before being sent to a youth detention center. Sen. Jones cited a case that occurred in Morgan County in which a middle school student accidentally brought a knife to school, but notified authorities right away; however, he was still taken into custody because of the Zero Tolerance Policy. It was emphasized that this change has nothing to do with adults and if a child brought the weapon to school with intent, then action would be taken and treated as a felony.

SB 332, which is the companion Bill to SB 299, directs school systems to add a section in their annual report, which is filed with the State that would identify every occurrence where the Zero Tolerance Policy was applied. No action was taken on either of these Bills today.

House Children and Youth

Dr. Frank Shelp, Commissioner of the Department of Behavioral Health and Developmental Disabilities, spoke to the Committee today. Dr. Shelp explained the purpose of the Coordinating Council and its function to cross agency lines where services overlap. This Council seeks to optimize care and track all other agencies efforts. The primary goal is to give children the necessary tools to become successful, resilient adults. Dr. Shelp cited that Albert Murray, the Commissioner of the Department of Juvenile Justice was the first to extend a hand in joining Dr. Shelp on this Council. 

Currently, the State is out of hospital business for adolescents. Private hospitals now handle the crisis level of care. Crisis stabilization consists of a 30 day length of stay. Dr. Shelp informed the Committee that outpatient treatment is provided largely by Medicaid, which opens up to participating network providers. For the Amended FY 2010 and FY 2011 Budgets, Dr. Shelp has asked for more money, in order to have it on hand, due to the fact that the Department's needs are not static. He also stated that custodial care in mental health is unacceptable; it must have demonstrable treatment attached to it, while care must be reasonable and practically acceptable, and school and education must be minimally disrupted.