The Capitol became waterfront property today as heavy rain poured down outside the Gold Dome and a "sea of red" took over its halls and chambers. Many donned red today in honor of the American Heart Association’s “Go Red For Women” Day. Mothers Against Drunk Driving also filled the halls of the Capitol today to draw attention to Rep. Tom Knox's (R-Cumming), bill that would require first time drunk driving offenders to use an ignition interlock to prove their sobriety before starting their vehicle. 

Floor News

House Floor

On House Floor today, Rep. Joe Wilkinson (R-Atlanta) introduced the Doctor of the Day, Dr. Matt Gwynn (a neurologist at Northside Medical Center) who has been in Georgia for 18 years.

Rep. Ralph Long (D-Atlanta) recognized folks from International Preparatory. College Republicans from Georgia Tech were also recognized by Rep. Austin Scott (R-Tifton).

In an effort to garner support for his Bill to raise the tobacco tax, Rep. Ron Stephens (R-Savannah) took the Well to urge lawmakers to "take the fork in the road" and increase the tax on a package of cigarettes as presently the subsidy for each pack is $9.00 and he told fellow lawmakers that he did not think that they wished to cut healthcare provider rates. The FY 2011 budget proposed such action.

On the House Rules Calendar, HB 910, offered by Rep. Howard Maxwell (R-Dallas), requires the State Board of Education publish an annual report; to include information regarding expenditures and participation rates for each gender and such other information as the State Board and Department deems relevant. HB 910 passed handily 154 to zero.

Senate Floor

The Senate met and passed out both pieces of legislation that were on its calendar for the day, SB 283 and SB 287.

SB 283, authored by Sen. Bill Heath (R-Bremen), passed 48 to 2. This Bill would block anyone who becomes tax commissioner, tax collector or tax receiver from becoming eligible for membership in the Employees’ Retirement System of Georgia.

SB 287, proposed by Sen. Judson Hill (R-Marietta), passed 47 to zero with an amendment. This Legislation would allow for drivers to be given a new drivers license number when replacing their license. The amendment makes this optional rather than a requirement.

New Legislation

SB 378 – Sen. Buddy Carter (R-Pooler) authored a new Code Section for O.C.G.A. § 33-24-59.13.  It would require that a health benefit plan delivered, issued, executed or renewed in Georgia or approved for issuance or renewal in Georgia, on or after July 1, 2010 and which provides coverage for prescription drugs, ensure that if a physician prescribes a drug product, not on that health plan's drug formulary for the patient's health benefit plan, that a pharmacist may dispense such prescribed drug and that the health benefit plan cover that non-formulary drug for up to a ten-day supply for each prescription, but not more than once per year in order to allow time for the pharmacist or patient to obtain prior approval from the health benefit plan or its pharmacy benefits manager for that specific drug.  The health benefit plan is prohibited from imposing any penalty against the pharmacist or the patient.  The patient would not be permitted to be charged a copay or coinsurance which is greater than the preferred drug amount or 25 percent of the wholesale acquisition cost of that drug (whichever is lower).  It further states that a health benefit plan, which sends a communication to a physician or patient about the use of a prescription or nonprescription medication recommending a change in "therapy" shall assure that the communication is truthful, accurate, and nonmisleading while reflecting "a fair balance of the benefits and risks of any medication, as required by the Federal Food, Drug and Cosmetic Act (FDCA) regulations."  If the health benefit plan issues a statement which is an "opinion" then it must be clearly identified and the sources of research data provided.

SB 379 – Sen. Bill Hamrick (R-Carrollton) offered amendments to O.C.G.A. § 9-11-26 providing for a conference of the parties to discuss and plan for discovery in advance of pursuing any actual discovery.  This conference would be done as "soon as practicable and in any event at least 21 days before a pretrial conference is to be held or a pretrial order is due under subsection (b) of Code Section 9-11-16."  Attorneys of record and all unrepresented parties who have appeared in the case would be jointly responsible for arranging for this conference and for attempting in good faith to agree on the proposed discovery plan, submitting a written report outlining the plan to the court within 14 days after the conference is held.  The proposal also outlines "required disclosures".

SB 381 – Sen. Greg Goggans (R-Douglas) offered changes to Part 1 of Article 4 of Chapter 12 of Title 45.  These changes relate to the Office of Planning and Budget and would require tax expenditure reports and fee reports as a part of the Budget report.  A "fee" is defined as "any source of State revenue classified by the Office of Planning and Budget as a fee and shall include, but not be limited to, every fee, business license, non-business license, fine, penalty, surcharge, assessment, add-on, or other type of charge imposed or administered by any budget unit."

SB 382 – Sen. Gail Buckner (D-Jonesboro) offered changes to Chapter 5 of Title 21, providing for situations where due to a technical or electronic equipment failure a campaign contribution disclosure report was not timely filed.

SB 383 – Sen. Emanuel Jones (D-Decatur) offered a new Code Section at O.C.G.A. § 45-20-32 to provide that a spouse of any member of the armed forces, wounded in combat and who has returned to Georgia, will be entitled to 30 days of personal leave with pay and an additional 30 days of leave without pay.

SB 385 – Sen. John Wiles (R-Marietta) introduced this Bill amending O.C.G.A. § 42-5-51(c) to provide that counties which demonstrate constant use of the federal Department of Homeland Security's Secure Communities initiative or other similar replacement federal program will receive 110 percent of the usual rate paid to counties that do not use such federal initiative or program.  This would occur provided that counties have entered into memoranda of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act to identify, process, and detain any immigration offenders and those would receive 120 percent of the usual rate paid to counties.

SB 396 – Sen. Don Balfour (R-Snellville) proposed an amendment to Title 20 to establish an alternative performance-based salary schedule and to establish an evaluation instrument to determine the effectiveness of teachers and administrators.  If passed, there would be a phase in of this new evaluation and salary schedule.  The State Board of Education would be required to establish this statewide common evaluation instrument, taking into account student achievement, no later than July 1, 2011.  The instrument would be used to determine the Teacher Effectiveness Measure ("TEM") and the Leader Effectiveness Measure ("LEM").

SR 986 – Sen. Gloria Butler (D-Stone Mountain) proposed this Resolution to recognize the growing incidence of chronic obstructive pulmonary disease in Georgia.  It further encourages the Department of Community Health to adopt regulations requiring the collection of data relating to incidents of this disease in Georgia.  Nationally, 16 million Americans are diagnosed with this disease.

SR 987 – Sen. Gail Buckner (D-Jonesboro) proposed this Resolution commending the Georgia Sheriff's Youth Homes, established in 1959, to help care for Georgia children who may be endangered by disrupted families and neglect.

SR 988 – Sen. Gail Buckner (D-Jonesboro) also authored this Resolution "urging" the United States Congress to amend federal loan programs in an effort to delay the initiation of student loan repayments for active duty military persons who are deployed after graduation until six months following their return to the United States.

SR 992 – Sen. Lee Hawkins (R-Gainesville) authored this Resolution recognizing the need for transparency in the federal legislative process and urging the United States Congress to "enact a single-subject rule for federal legislation."  Georgia has enacted a single-subject rule, prohibiting the passage of any bill creating or amending two or more unrelated public laws.

HR 1330 – Rep. Roberta Abdul-Salaam (D-Riverdale) proposed this Resolution which recognizes and commends the Georgia Citizens' Coalition on Hunger and the Up & Out of Poverty Now Coalition on the occasion of the 30^th anniversary of Poor People's Day at the State Capitol.

HR 1332 – Rep. Katie Dempsey (R-Rome) authored this Resolution to commend the work of the Partnership for Health and Accountability which was established in January, 2000.  It has become a nationally recognized entity for its leadership in improving quality of care and patient safety.

HR 1333 – Rep. Jay Shaw (D-Lakeland) authored this Resolution which commends the Georgia Rural Health Association ("GRHA") and it further recognizes February 17, 2010 as Rural Health Day at the State Capitol.  GRHA is a nonprofit advocacy entity advocating for rural health care consumers and the rural healthcare professionals providing care to Georgians in rural areas.

HR 1341 – Rep. Ron Stephens (R-Savannah) offered this Resolution which recognizes the National Health Museum which will be located in Atlanta to create and lead a national health and wellness community.  It would use innovative digital delivery platforms (such as a multi-channel Cyber Museum providing online and portable programming services).

HR 134 – Rep. Bob Smith (R-Watkinsville) authored a Resolution recognizing and declaring February 16, 2010 as Georgia Academy of Audiology Day at the State Capitol.

Committee News

House Ways and Means- Subcommittee on Tax Reform

The House Ways and Means Committee's Subcommittee on tax reform met to discuss the following bills all proposed by Rep. Chuck Sims (R-Ambrose)

HB 928 -- Eliminate state sales tax exemption on lottery tickets (create trust fund)

HB 929 -- Eliminate state sales tax exemption on lottery tickets (create education trust fund)

HR 1109 -- Eliminate state sales tax exemption on lottery tickets (create education trust fund

HR 1110 --- Eliminate state sales tax exemption on lottery tickets (create education trust fund)

The author, Rep Chuck Sims (R-Ambrose) presented each of the proposals. A representative from the Georgia Lottery was also present. At the close of meeting, the Subcommittee agreed to "continue the discussion" on these proposed revenue generators but no date certain for a second hearing was set.

House Judiciary (Non-Civil) – Setzler Subcommittee

The House Judiciary Non-Civil Committee's Subcommittee chaired by Rep. Ed Setzler (R-Acworth) met this afternoon.  It heard more about HB 214 by Rep. Rep. Steve Davis (R-McDonough).  Rep. Davis' proposal would permit all felony cases one year to file a habeas appeal.  More discussion will be held on this Bill.

The Subcommittee also heard for the first time HB 1040.  This initiative was brought forth by Governor Perdue and his Floor Leaders Jimmy Pruett, Jim Cole and Matt Ramsey.  The Governor's health policy person, Mary Eleanor Wickersham, was also on hand this afternoon to explain the purpose of HB 1040 which is an attempt to amend the "Georgia Registered Professional Nurse Practice Act," to provide that the performance of "health maintenance activities" by a designated caregiver under certain conditions would not require licensure as a registered professional nurse.  Ms. Wickersham indicated that numerous groups had worked over the summer to help craft this Bill, including individuals with disabilities and their caregivers, in an attempt to allow individuals in the community the ability, once trained by a physician, a registered nurse or a physician's assistant (under applicable nurse protocol or job description) to provide care to individuals in their own homes but who may otherwise be in nursing home.  There was a lot of discussion over this Bill. Some of the identified concerns pertain to:

• No definition for "health maintenance activities" is included in the proposal (it would allow, as written, for a physician, registered nurse or physician's assistant could permit a "trained" unlicensed caregiver the ability to connect a patient with an IV)
• Liability immunity is granted for the physician, the registered nurse, and the physician's assistant but it is not extended to the caregiver who is trained to provide these services
• Delegation of authority and transfer of responsibility
• Who would offer a check or oversight on the "training" to be done of these caregivers
• What are the qualifications of the provider
• Clarification that an agency would also be exempt from any liability (if the caregiver worked for such)

HB 1040 will have a second hearing likely next week.

House Rules

The following Rules Calendar has been set for Monday, February, 3, 2010:

• HB 859, offered by Rep. Rich Golick (R-Smyrna), which allows for the tolling of probated sentences for probationers who are not able to be found or are not responsive to the orders of the court. Existing tolling statutes require that abscondment be proven as a prerequisite of a tolling order.
• HB 1016, also authored by Rep. Rich Golick (R-Smyrna), clarifies that corporate and other business entities that are targets of identity fraud are protected in the same manner as individuals. Further, it ensures that law enforcement personnel and prosecutors are able to investigate and prosecute identity theft against these entities.