Greetings from the Gold Dome!  Lawmakers resumed their work this morning, trying to address the business of the people as well as develop a supplemental budget for FY 2010.

February 8, 2010 was declared 4-H Day at the Capitol.

Lt. Governor Casey Cagle and Sen. Jim Butterworth (R-Clarkesville) unveiled bills this afternoon which further transparency and savings in State government.  The legislation is the result of the work done by the Budget Task Force, which was comprised of experienced business, and accounting professionals who met to look at short-and long-term budget solutions.

House

Long time Executive Director of the Association of County Commissioners of Georgia, Jerry Griffin was recognized today on the House floor. This will be his last year with the Association and under the Gold Dome, as he is retiring next year. The House commended him on his many years of work for the Association.

Rep. Karla Drenner (D-Avondale Estates) took the Well today to for a heartfelt morning order, to personally thank Rep. Rusty Kidd (I-Milledgeville) for his tireless effort to find placement for Rep. Drenner's family member at the Shepherd Spinal Center in Atlanta.

The House Rules Calendar for today included:

• 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. Although a motion was made by Rep. Chuck Sims (R-Ambrose) to recommit the Bill to the House Rules Committee, HB 859 passed 159 to 8.
• 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. HB 1016 passed 167 to zero.

Senate

The Senate adopted a series of privileged resolutions on the Floor today, but had no actual calendar. Thus, it was a light, short day for the State Senate.

New Legislation

HB 1106 – Rep. Gene Maddox (R-Cairo) introduced this Bill creating a new Code Section at O.C.G.A. § 4-11-5.2 providing that animal shelters and similar facilities will be required to scan animals for microchips prior to euthanizing a dog, cat, or other large animal traditionally kept as a household pet when such animal is found.  Those animals which are deemed too "vicious or dangerous to permit safe handling" are exempt from such scanning.

HB 1107 – Rep. Tom Knox (R-Cumming) offered this proposal amending O.C.G.A. § 42-8-111 to require the installation of ignition interlock devices after a Georgia resident's first conviction of driving while under the influence.  If passed and signed into law, this provision would take effect on January 1, 2011 as currently written.

HB 1108 – Rep. "Coach" Williams (D-Avondale Estates) authored this idea amending Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 and also amending O.C.G.A. § 16-11-127.1.  The intention is to change the provisions concerning the zero tolerance policy on weapons being brought to schools.  It would also further prohibit pre-hearing detentions via a standing order of a court (so that a child cannot be detained or placed in a shelter prior to that hearing on the petition by virtue of a standing court order).

HB 1109 – Rep. Ron Stephens (R-Savannah) offered this Bill amending O.C.G.A. § 36-37-6 authorizing municipal corporations the ability to grant conservation easements when it would benefit the municipal corporation and its citizens by "retaining or protecting natural, scenic or open-space values of real property; assuring the availability of the property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of the property."

HB 1110 – Rep. Barry Loudermilk (R-Cassville) introduced a new Code Section proposal at O.C.G.A. § 20-2-72 prohibiting  local board of education members from being employed by the local school system for a period of one year from the time such person ceases to hold such elective office as a board member. 

HB 1111 – Rep. Matt Ramsey (R-Peachtree City) proposed amending O.C.G.A. § 47-1-20 to provide that unlawful acts relating to State mandatory uniform assessments shall be included in the definition of "public employment related crime" relating to retirement benefits.  This change would apply to those individuals who would for the first time become members of a public retirement system on or after July 1, 2010.

HB 1112 – Rep. Mike Glanton (D-Ellenwood) authored changes to O.C.G.A. § 48-7-27 in an effort to provide for an exclusion for certain military retirement income from the computation of Georgia taxable net income (up to $50,000 for a single military retiree or twice that amount if a married couple filing jointly). The taxpayer eligible for this exclusion would be required to be 62 years of age or older during part of that taxable year; or permanently and totally disabled (with the requirement to show the medical disability which is permanent).

HB 1113 – Rep. "Coach" Williams (D-Avondale Estates) authored this Bill which changes O.C.G.A. § 20-2-751.1, to require reporting by local boards of education concerning the expulsion and disciplinary actions for students bringing weapons to school.  These reports would be made by August 1 of each year and submitted to the Department of Education and include such information as the numbers of students who were subject to disciplinary action; the students' ages and grade levels; students' race and gender; and any special education status.

HB 1114 – Rep. Bob Smith (R-Watkinsville) offered this Bill amending O.C.G.A. § 21-2-92 providing for the "Student Teen Election Participant Program" so that local boards of education and election superintendents can develop and implement a coordinated program so that these teens can serve as poll officers during any primary, special or general election.  It would be known as the "STEP" Program.  To be eligible, the teen would have to be a United States citizen; have a Georgia driver's license or Georgia state issued identification card; have demonstrated age-appropriate academic ability for the previous school year; and have a history of responsible school and community behavior.  Poll officers or managers would have to be 21 years of age or older and the STEP participant would be required to have parental or legal guardian written authorization to participate.  The students could not work more than six hours during a single election day and would receive age-appropriate training for service as a poll officer.  School absence, for this service, is limited to two days.

HB 1115 – Rep. Carl Rogers (R-Gainesville) introduced a new subsection (c) to O.C.G.A. § 8-2-23 to provide that small businesses (those who have no more than 15 employees) will be authorized to provide drinking water by means of a water cooler or provision of bottled water as an alternative to any otherwise required drinking fountain.  Such change would be effective on October 1, 2010 and require amendments to the International Plumbing Code.

HB 1116 – Rep. Bob Smith (R-Watkinsville) authored a new Code Section proposal for O.C.G.A. § 28-1-8.2 making it unlawful for any member of the General Assembly to receive compensation of any kind or anything of value, either directly or indirectly, from any political subdivision located in whole or in part in the House or Senate district where that member of the General Assembly represents.  However, this would not apply to school systems.

HB 1117 – Rep. Ben Harbin (R-Evans) introduced changes in Title 43 to provide for an executive director for the State Board of Registration for Professional Engineers and Land Surveyors which would be appointed by that entity's Board.  The executive director would have the power and responsibilities delegated to the division director as it pertains to that Board.  (This executive director can issue administrative orders or administrative consent orders; may contract with qualified entities; and would be required to file an annual report with the Secretary of State summarizing the actions taken by the Board and a financial report.) The proposal also would make this State Board self-sustaining through fees that are collected and make it a separate and distinct budget unit within the State's Budget.

HB 1118 – Rep. Tom Weldon (R-Ringgold) introduced changes to Georgia's "Child Support Recovery Act" in Article 1 of Chapter 11 of Title 19.  It proposes to alter the review procedures for IV-D agency support orders and clarify terms pertaining to the IV-D agency obligors and obligees who provide or receive accident and sickness insurance for children.  TANF cases would be required to be reviewed following the expiration of the thirty-sixth month after the order was issued without a request from the obligor or obligee; other orders for support, which are under enforcement by a IV-D agency, would be eligible for review upon application and payment of fees.

HB 1119 – Rep. Ben Harbin (R-Evans) authored a proposed "Georgia Arthritis Prevention and Control Act" in Chapter 37 of Title 31.  This would be created by the Department of Community Health in an effort to raise public awareness, educate consumers, educate and train health professionals, teachers and human services, and other purposes.  A periodic "needs assessment" would be required to be done by the Department (to identify such epidemiological and other public health research being conducted in Georgia; available technical assistance and educational programs and materials as well as programs available nationwide and in Georgia; services available to Georgians; etc.).  It also would require that the Department use strategies which are consistent with the National Arthritis Action Plan.  The Commissioner's responsibilities are also enumerated (including having sufficient staff to implement this Plan and provide appropriate training).  It also permits the Commissioner to accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities in order to fulfill these obligations.

HB 1120 – Rep. Ron Stephens (R-Savannah) introduced changes to O.C.G.A. § 48-8-3 to provide for an exemption for State sales and use tax for a limited period of time on sales or use of tangible personal property to certain non-profit health centers and nonprofit volunteer health clinics.  These changes essentially extend the current exemptions presently in law moving the extensions' new sunset dates to June 30, 2012 (rather than June 30, 2010).

SB 375 – Sen. Renee Unterman (R-Buford) authored various revisions to Title 37, essentially providing a "clean up" of the law passed in 2009 creating the Department of Behavioral Health and Developmental Disabilities.  Some changes proposed include:

• It adds a new Code Section O.C.G.A. § 37-1-6 regarding actions brought against the Department or its board, commissioner, or employee or agent thereof and provides that notice of the pendency of such action be made, using a "second original process" issued by the court
• Amends O.C.G.A. § 37-1-21(a)(4) concerning institutional powers and duties, deleting language regarding requirements pertaining to contagious or infectious nature of the disease of persons arrested
• Amends O.C.G.A. § 37-1-28 concerning conviction data for employment purposes for the Department
• Deletes O.C.G.A. § 37-1-50
• Amends membership of the "Behavioral Health Coordinating Council" adding commissioners of Departments of Community Affairs and Labor; State school superintendent; chairperson of the State Board of Pardons and Paroles; and ombudsman appointed pursuant to O.C.G.A. § 37-2-32
• Alters definition of "traumatic brain injury" found in O.C.G.A. § 37-3-1(16.1)
• Alters O.C.G.A. § 15-11-55(a) concerning the disposition of a deprived child requiring that within 30 days after the removal of the child from custody of the parent(s) that the Department of Human Services must be required to "exercise due diligence to identify a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child" and adds requirements of what identified adult relatives of the child, subject to exceptions due to family or domestic violence, must be provided in terms of notice
• Amends O.C.G.A. § 15-11-103(a) relating to the placement of a child following termination of an order terminating parental rights, requiring a placement made in the best interest of the child and in accordance with the child's court-approved permanency plan
• Amends O.C.G.A. § 20-2-133 regarding the free public instruction in elementary and secondary education adding children who may be held in a placement paid for by DBHDD
• Amends O.C.G.A. § 31-33-8 regarding electronic records which may be maintained by providers so that such requirements also will apply to psychiatric, psychological or other mental health records of a patient

SB 377 – Sen. Gail Buckner (D-Jonesboro) authored a new Code Section proposal for O.C.G.A. § 48-5-33 to establish "County Property Tax Evaluation Committees" for the purpose of reviewing and evaluating county property value assessment methods.  This Committee will be comprised of members of the county board of commissioners, members of the county board of tax assessors, the tax commissioner, and state legislators whose districts includes a part, or all, of the county.  This Committee would conduct annual meetings (no fewer than three which would be required to be noticed) to look at this valuation method; the numbers of foreclosures in the preceding 12 months (comparing to those from the prior year); current assessed values and a comparison of assessed values from the prior year(s); overall fairness of the evaluations given current fair market prices; current state of property conditions throughout the county (commercial and residential); and property evaluation methods used to determine the ad valorem taxes of each homeowner.

SB 380 – Sen. Chip Pearson (R-Dawsonville) proposed a new Code Section for O.C.G.A. § 50-23-28.1  to provide that the water supply division of the Georgia Environmental Facilities Authority have the authority to make loans and grants to local governments when they want to expand existing reservoirs.  It further outlines the criteria to be used in considering these requests (effect of recurring drought; interconnectivity of the requesting entity's water supply system with one or more surrounding local governments; facilitation of public-private partnerships; and unique regional conditions).

Committee News

House Rules

The House Rules Committee set the following calendar for tomorrow, Tuesday, February 9, 2010:

• HB 896, authored by Rep. Doug Collins (R-Gainesville), which seeks to provide a defendant with a speedy trial when continuance tolls the running of that demand if a necessary witness is unavailable for trial because of deployment. The current Code requires a request to the proper military authority, pursuant to the United States Code and other regulations. The Bill strikes the current provisions and only requires a party to provide testimony via affidavits or other documents that the witness has been activated to military duty.
• HB 898, authored by Rep. Doug Collins (R-Gainesville), relating to driving under the influence.  Currently, if a person is convicted of a second or subsequent "DUI" within five years, then the notice of conviction is published in the local paper. The publication includes, among other information, the photograph, name, and address of that person.  This Bill strikes the provision that the convicted person’s address will be published.
• HB 908, offered by Rep. David Casas (R-Lilburn), relating to the Quality Basic Education Act.  This Bill gives local systems total flexibility through waivers that:
  • Eliminate Expenditure Controls – media center, direct instruction, and staff development costs
  • Eliminate Funding for Additional Instruction Days

With this bill, waivers will be available for request by school systems through July 1, 2013.

• HB 963, proposed by Rep. Larry O'Neal (R-Bonaire), relating to ad valorem tax. This Bill eliminates inconsistencies within the ad valorem tax code. Section 1 eliminates the requirement that property tax returns by submitted in person or by mail. This provision conflicts with another section in the ad valorem code allowing for electronic filing of returns. This Bill would also allow for electronic filing of such returns.  Section 2 clears up an inconsistency in the code section providing a homestead exemption for those that are 62 and older with income of $10,000 or less.

Senate Rules

The Senate Rules Committee set the following calendar for tomorrow, Tuesday, February 9, 2010:

• SB 344, proposed by Sen. Lee Hawkins (R-Gainesville), which provides sovereign immunity protection for physicians assistants in safety net clinics under the "Health Share Volunteers in Medicine Act.
• HB 168, offered by Rep. Clay Cox (R-Lilburn), modernizes competition in telecommunications.
• HB 172, proposed by Rep. Howard Maxwell (R-Dallas) provides for disability benefits for the Employees' Retirement System of Georgia.

Senate Judiciary

The Senate Judiciary Committee met this afternoon. Among agenda items included SB 334, the initiative proposed by Sen. Judson Hill (R-Marietta), which passed by a newly crafted committee substitute. Amendments incorporated into this underlying Bill, creating the crime of medical identity fraud in O.C.G.A. 16-9-170 et seq., included:

A private civil cause of action for any such crimes (following language as can now be found in the Code for identity fraud crimes); Elimination of language in original version relating to attempt or conspire to commit this offense as this language exists now in the Code; and Defined punishments for felony convictions.

SB 334, by Sen. Ed Harbison (D-Columbus), was also taken up by the Committee today. SB 334, concerns grand jury testimony and who can attend such proceedings was before the Committee. The Bill dealt with the use of oaths of witnesses before these bodies and who is "unsworn." The Bill was originally crafted because of the Kenneth Walker case in Columbus. Amendments were offered by Sen. Seth Harp (R-Midland) and carried when moved as committee substitute with the do pass recommendation.

Senate Special Judiciary on Torts

This afternoon a Committee Substitute to SB 138, by Sen. John Wiles (R-Marietta), passed with a vote of 5 to 4, even after Sen. Dan Weber (R-Dunwoody) suggested that a motion to table might be better. The original proposal was to add a new Code Section for O.C.G.A 9-2-8 so that legislative enactments made by the General Assembly do not create a private cause of action unless expressly stated. This would apply to both tort as well as contract law found in Title 5 and 13 respectively. Additionally, the language would apply to those laws passed after the effective date of any change.

Senate Public Safety and Homeland Security

Sen. Jim Butterworth (R-Cornelia) cleared his bill, SB 345, permitting "local control" for some road race events to be held on county or municipal roads after Chairman Murphy broke the tie vote. GMA supports the proposal while ACCG is still "studying" the Bill.

SB 318 which would permit an affidavit to swear to the validity of a lawsuit involving certified police officers was tabled. Sen. Jack Murphy(R-Cumming) authored the Bill which caused a stir amongst the legal community. It would amend current law which requires an affidavit involving other professions in Title 43.

Two other items were held over:  SR 570 which calls for comprehensive immigration reform; and SB 360 which would prohibit persons 18 years and younger from texting or using wireless devices while driving.