The Halls of the Capitol were packed today with various groups from all over the State touting their causes to Lawmakers. Packed halls and a packed committee schedule proved for a busy day.  

Lieutenant Governor Casey Cagle's, Senate Budget Task Force, presented its first recommendations today for savings within the State government. Materials now distributed in paper format would be delivered in an electronic format. The State would realize a $7 million savings from this measure and citizens would have additional transparency.  

Floor News 

Senate 

Before taking up the Senate Rules Calendar, Sen. Donzella James (D-Atlanta) recognized that it was Georgia Dialysis Day at the Capitol. Leadership Clayton was also recognized by the Senate.  

First on the floor was SB 344, presented by Sen. Lee Hawkins (R-Gainesville). This Bill is the companion bill to the 2009 "Volunteers in Medicine Act." It includes physician's assistance under sovereign immunity for those working in these clinics. There are 55 clinics in Georgia, serving 175,000 patients last year who are seen at a reduced cost or no cost at all. There was no discussion on the Bill as it passed 49 to zero. 

HB 168 was up next on the Floor. Sen. David Shafer (R-Duluth) presented HB 168 a telecommunications deregulation bill. He cited that this was a good bill that would provide good service at low prices with more choice, while encouraging competition. HB 168 would gradually phase out "access charges." The Bill will also remove Georgia Public Service Commission's oversight on how telecommunications companies work together. HB 168 passed 46 to four.  

HB 172 was last on the Calendar for today. Sen. Bill Heath (R-Bremen) presented the Bill. HB 172 would amend provisions relating to the re-examination of persons receiving disability benefits under the Employees’ Retirement System of Georgia. Specifically, this Bill would remove the requirement that the examination be made at the disability beneficiary’s place of residence or other place that is mutually agreed upon. It passed 51 to one.  

House 

HB 896, authored by Rep. Doug Collins (R-Gainesville), 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 896 passed 149 to one.

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. This Bill passed 152 to eight.  

HB 908, was presented by the Bill's author, Rep. David Casas (R-Lilburn). HB 908 relates 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. Rep. Casas stated that the main drive behind this Bill was to give school systems flexibility during a tough budget period. He also cited that the date provided in the Bill, July 1, 2013 represents a date that economists believe the State will show a full recovery of the economy. Rep. Dubose Porter (D-Dublin) and Rep. Calvin Symre (D-Columbus) expressed concern that the Bill was passed out of the Rules Committee as a Modified Structure, which does not allow for amendments to be made on the Floor. They believe that modified structure should not be used often and should only apply to very complex bills, such as some Ways and Means Bills. After Speaker Ralston (R-Blue Ridge) did not allow a motion to be made by Rep. Porter to reclassify the Bill, HB 908 passed 137 to 34. 

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. HB 963 passed 162 to four.  

New Legislation 

HB 1121 – Rep. Matt Ramsey (R-Peachtree City) offered the following changes to Title 20, relating to the effectiveness of educational programs under the "Quality Basic Education Act." These changes provide that tampering with state assessments will be a misdemeanor. Any person in violation of this Code section will be punished by a fine of no more than $1,000 or by imprisonment not to exceed 30 days. The Attorney General is authorized to investigate any such claims of cheating and the Governor's Office of Student Achievement will annually establish statistical guidelines to examine the results of state assessments to identify testing irregularities.  

HB 1130 – Rep. Tommy Benton (R-Jefferson) also proposed changes to Title 20, relating to the "Quality Basic Education Act." These changes temporarily suspend under certain conditions certain laws and requirements relating to maximum class size. This Code section would be effective through June 30, 2013 and would allow grades kindergarten through fifth to exceed the maximum limit by one student and grades six through twelve could exceed the maximum limit by no more than two students.  

HB 1132 – Rep. Stephanie Benfield (R-Atlanta) authored changes to Title 20 as well, relating to the "Quality Basic Education Act." This change would eliminate criterion-referenced competency tests in grades one and two.  

HB 1136 – Rep. Dubose Porter (D-Dublin) offered changes to Title 20, relating to the "Quality Basic Education Act." These proposed changes would restore salary increases for persons receiving certification from the National Board for Professional Teaching Standards.  This change also eliminates the need for the teacher to be placed in a high-needs school.  

HB 1139 – Rep. James Mills (R-Gainesville) proposed changes to Title 48, relating to ad valorem taxation of property. This change requires written notice be given to the taxpayer annually in the taxpayer's returns regardless of whether any changes or corrections, including valuation increases, decreases, or equalizations, have been made. This report must also contain the taxpayer's right to an appeal and an estimate of the current year's taxes.  

HB 1144 – Rep. Mary Margaret Oliver (D-Decatur) offered this Bill amending Titles 15 and 17 to alter provisions relating to detention of juveniles.  In this Bill, it specifically amends O.C.G.A. § 15-11-8 providing that a county will be responsible for certain expenses once the Department certifies those expenses with supporting documentation for a child, who is placed by the court into the custody of the Department of Juvenile Justice but who is not committed to the Department's custody.  Expenses would include the cost of medical examinations and treatment; cost of mental health examinations and treatment; and cost of dental examinations and treatment. 

HB 1145 – Rep. Ron Stephens (R-Savannah) offered this Bill proposing a new Code Section at O.C.G.A. § 48-7-40.29 providing for an income tax credit for new qualified freight rail infrastructure property and qualified locomotive property.  This credit would be allowed against the tax imposed under this same Chapter in an amount equal to 50 percent of the cost of new qualified rail infrastructure property and qualified locomotive property placed in service during the taxable year.  Unused tax credit will be allowed the taxpayer against the succeeding 20 years' tax liabilities but not against prior years' tax liabilities.  If passed and signed into law, it would apply to tax years beginning on or after January 1, 2011. 

HB 1149 – Rep. Rashad Taylor (D-Atlanta) authored this amendment to O.C.G.A. § 48-8-3 which adds a new paragraph at (90)(A) providing a sales and use tax exemption for reusable shopping bags with a sales price of $5.00 or less.  These bags are defined as a "carrier bag made of canvas, woven synthetic fibers, thick plastics, or other environmentally safe, sustainable material that is designed to carry groceries or other products on multiple shopping occasions." 

HR 1351 – Rep. Tyrone Brooks (D-Atlanta) authored this Resolution proposing the creation of the House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women. 

HR 1358 – Rep. Ed Setzler (R-Acworth) introduced this Resolution proposing the Constitutional Amendment for the dedication of 25 percent of the revenue received by the State from the levy of the State sales and use tax to be used for transportation purposes.  This amendment would be inserted at Article III, Section IX, Paragraph VI. 

SB 391 – Sen. Renee Unterman (R-Buford) authored a 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. 

SB 395 – Sen. Renee Unterman (R-Buford) also proposed a new Code Section for O.C.G.A. § 15-11-16 creating "mental health court divisions" in an effort to "achieve a reduction in recidivism and symptoms of mental illness among mentally ill offenders in criminal cases and to increase their likelihood of successful rehabilitation through early, continuous, and intense judicially supervised treatment."  These courts can be created by any court that has jurisdiction over a criminal case in which a defendant has a mental illness or developmental disability, or a co-occurring mental illness and substance abuse disorder as an alternative to a traditional judicial system for the disposition of such cases.  The mental health court division would be required to establish a planning group (judges, prosecuting attorneys, public defenders, probation officers, and persons with expertise on mental health) to develop a work plan (addressing the operational, coordination, resource, information management, and evaluation needs of the mental health court division, including eligibility criteria for this division).  The Judicial Council of Georgia is proposed to adopt necessary standards for these court divisions. The clerk of the court instituting this new mental health court division would be the clerk designee and serve as the clerk of the mental health court division.  These new divisions would be required to establish their own criteria which define successful completion of the mental health court division program.  These courts can generate fees from the participant will be used to pay for mental health treatment and services; the courts may also accept grants and donations from outside sources for supporting these divisions. 

SB 396 – Sen. John Wiles (R-Marietta) introduced this Bill providing for the payment of certain medical expenses incurred by a child while he or she is in custody of the Department of Juvenile Justice in O.C.G.A. § 15-11-8.  It provides that a county will be responsible for certain expenses once the Department certifies those expenses with supporting documentation for a child, who is placed by the court into the custody of the Department of Juvenile Justice but who is not committed to the Department's custody.  Expenses would include the cost of medical examinations and treatment; cost of mental health examinations and treatment; and cost of dental examinations and treatment.  This Bill is very similar to the proposal offered by Rep. Mary Margaret Oliver above (HB 1144) except that it does not address designated felony acts, supervision fees, and credit for time served in confinement. 

SB 398 – Sen. Judson Hill (R-Marietta) offered a new Code Section at O.C.G.A. § 49-4-158 providing that the Commissioner of Public Health is to make available through the internet website of the Department of Community Health non-aggregated information on individuals collected under the federal Medicaid Statistical Information System "insofar as such information has been de-identified in accordance with the regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996, as amended."  There are other requirements placed on the Commissioner concerning the format of the information; practicality of the information and updated at least once per calendar quarter; accessible by providers of "medical assistance;" and the Commissioner solicits information from sources who access the information.  Once the program is running, the Commissioner would submit a report to the General Assembly on its progress; the first such report would be due December 31, 2011. 

SB 399 – Sen. Judson Hill (R-Marietta) proposed this Bill adding a new Code Section at O.C.G.A. § 50-1-9 prohibiting any Department or agency of Georgia from implementing any part of any federal health care reform passed by the United States Congress on or after March 1, 2010 unless the department or agency reports to the General Assembly in accordance with subsection (b) of this Code Section; and the General Assembly passes legislation specifically authorizing the State's compliance with, or participation in, such federal health care reform provision.  Subsection (b) outlines that the report must include specific federal statute or regulation which requires the State to implement such reform; whether the reform provision has any State waiver or options; what the reform provision requires the State to do and how it would be implemented; who in Georgia would be impacted if adopted (or not adopted); the cost to implement; and consequences if the State does not comply. 

SR 1013 – Sen. Bill Heath (R-Bremen) offered this Resolution amending the State's Constitution to eliminate the requirement that the State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor be elected.  The Secretary of State and Attorney General would be elected in the same manner as election of members of the General Assembly.   The Governor would appoint the State School Superintendent. If passed, the voters would have to approve on the ballot. The enabling legislation accompanying this Resolution is SB 393, also by Sen. Heath.

Committee News

House Rules Committee

The House Rules Committee set the following calendar for tomorrow, February 10, 2010:

• HB 969, authored by Rep. Howard Maxwell (R-Dallas), amends certain provisions with retirement and pensions in order to comply with federal law.
• HB 542, offered by Rep. Brooks Coleman (R-Duluth), increases the maximum allowable benefit for the Public School Employees Retirement System.  

House Ways and Means 

The Committee assigned the following bills to subcommittees today: 

HB 1088, authored by Rep. Ellis Black (D-Valdosta), which offers a sales tax exemption renewal on swine products, was assigned to the Sales Tax Subcommittee.

HB 1120, proposed by Rep. Allen Peake (R-Macon), was assigned to the Sales Tax Subcommittee. 

HB 1077, offered by Rep. Virgil Fludd (D-Tyrone), would motor fuel tax credits to consumers, was assigned to the Sales Tax Subcommittee. 

HB 1112, authored by Rep. Mike Glanton (D-Ellenwood), which is a targeted tax exemption to veterans, was assigned to the Income Tax Subcommittee.  

HB 1105, proposed by Rep. Mickey Channell (R-Greensboro), would allow for watercraft held in inventory to be exempt from ad valorem taxation, extending the current exemption by two years. HB 1105 was placed in the Ad Valorem Tax Subcommittee.  

HB 1096, authored by Rep. Rick Austin (R-Demorest), would allow for unidentifiable sales and use taxes to be rewarded to local governments. HB 1096 was assigned to the Sales Tax Subcommittee.  

HR 1300 and HB 1099, both offered by Rep. Dubose Porter (D-Dublin), would allow for regional counties to join together, dedicate the fourth penny of motor fuel tax to transportation (rather than the federal fund). This would require a change in the Constitution, placing it on the ballot in November 2010. Both measures were assigned to the Sales Tax Subcommittee.

House Appropriations Committee – Department of Community Health Subcommittee 

This afternoon, Rep. Mickey Channell (R-Greensboro) and his Subcommittee voted out their version of the Department of Community Health's portion of the State's FY 2010 Amended Budget without any real discussion.  Among items included in the list of Budget changes were:

• An eight percent cut on the Babies Born Healthy program (this program cut was left out of the other contracts cut in this portion of the Budget which are the programmatic grant-in-aid funds for Public Health Districts)
• Two percent reductions on the operating costs for both Mercer and Morehouse medical school programs bringing the total cuts to each at ten percent
• An addition of $250,000 for the Georgia Cancer Coalition's new scholar recruitments
• $5.9 million in State funds to fund all private disproportionate share hospitals bringing the total funding to $14.5 million (includes both deemed and non-deemed facilities)
• $250,000 in additional funding for a new federally qualified health center
• Elimination of the GAMMP contract in the amount of $7.53 million (total funds) as it is not producing intended results

Senate Insurance and Labor 

Senate Insurance and Labor met today discussing the following bills. HB 417, authored by Rep. Jay Neal (R-Lafayette) passed without discussion. State Farm supported this Bill. HB 417 allows for the English language version of a policy to rule if the policy goes into dispute or complaint when documents written in another language are in dispute. 

SB 316 was presented by Sen. Don Thomas (R-Dalton). This Bill expands the Medigap coverage permission for those under age 65. It will help those 2000 eligible with kidney failure disease. Anthony Hoyle, a patient with kidney failure disease rose in support. The Medical Association of Georgia supports this Legislation.  

Dr. Thomas was pleased with the amendment that Michael Shelnutt brought to him. Stacy Freeman, AHIP, also talked about Bill; he has two concerns, but is not opposed to Bill (rating on population and payment of premiums by third parties and why they would be interested in making payments for persons (charities) but not where employers or providers are paying for these individuals).  An amendment was proposed after concerns from insurers -permits rating differences for those under and one for over 65. Not telling how to "price" products. In states where bad actors, they have had regulatory agency go after insurer. The amendment passed and SB 316 passed as amended. Sen. Ed Harbison (D-Columbus) moved making it a committee substitute.

SB 317 by Judson Hill was presented in tandem with SR 794. Both passed with a vote of 5 to 1, Sen. Harbison being the holdout.