This Report is a combined edition for activities held or taken on February 3 and February 4, 2010.

A new Adjournment Schedule has been adopted for the period beginning Monday, February 8, 2010 through Tuesday, March 2, 2010.  The schedule is as follows:

• Monday, February 8 in session for legislative day 14
• Tuesday, February 9 in session for legislative day 15
• Wednesday, February 10 in session for legislative day 16
• Thursday, February 11 in session for legislative day 17
• Friday, February 12 through Monday, February 15 in adjournment
• Tuesday, February 16 in session for legislative day 18
• Wednesday, February 17 in session for legislative day 19
• Thursday, February 18 in session for legislative day 20
• Friday, February 19 through Monday, February 22 in adjournment
• Tuesday, February 23 in session for legislative day 21
• Wednesday, February 24 in session for legislative day 22
• Thursday, February 25 in session for legislative day 23
• Friday, February 26 through Monday, March 1 in adjournment
• Tuesday, March 2 in session for legislative day 24

House

On February 3, 2010, the House passed HB 916 by a vote of 167 to one.  HB 916 amends O.C.G.A. § 47-2-110, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits.  It would provide that, if a retiring employee has not reached normal retirement age on the date of retirement and returns to any paid service, his or her application for retirement shall be nullified.

On February 4, 2010, the House took up these Bills:

• HB 54, by Rep. John Lunsford (R-McDonough), which amends Georgia's Judicial Retirement System and survivors' benefits to provide that certain members of such retirement system who rejected spouses' benefits may elect such benefits by paying to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability. HB 54 passed 166 to zero.
• HB 486, by Rep. John Meadows (R-Calhoun), which also dealt with retirement benefits, disability benefits, and spouses' benefits but for those individuals under the Superior Court Clerks' Retirement Fund of Georgia.  It would provide that persons who become members on or after July 1, 2010 would not be entitled to credit for service as a deputy clerk. HB 486 passed 164 to zero.

Senate

Wednesday, February, 03, 2010

SR626, authored by Sen. John Douglas (R-Social Circle), was recommitted to perfect some minor issues, which the author agreed too. SR 626 expresses opposition to requiring private health insurers to pay for the treatment of veterans' service connected injuries and disabilities.

The Senate passed out SB 315 51 to zero on Wednesday. SB 315 enacts Uniform Emergency Volunteer Health Practitioners Act.  

Thursday, February 04, 2010

The Senate moved swiftly through its Calendar today, passing out two bills. SB 235, Sen. Chip Pearson's (R-Dawsonville), measure which would prohibit the implantation of microchips against a person's will passed the Senate 47 to 2. Sen. Pearson stated that this Bill was a proactive measure to keep technology in check. This measure does not prohibit an individual from being implanted if they wish to have such a procedure done.

Sen. Johnny Grant (R-Milledgeville) took the Well today to explain SB 234, which would allow for the Georgia Peace Officer Standards and Training Council, or "POST", to administer fees for its services. The Council's mission is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals.  SB 234 passed 51 to zero.

New Legislation

HB 1061 – Rep. Mark Butler (R-Carrollton) has proposed changes to O.C.G.A. § 31-6-47(a) for what he terms as the "Trauma Care Expansion Act of 2010" by exempting hospitals which have been designated as a Level I or II trauma center, by the Department of Community Health, from certificate of need requirements under certain conditions "(A) Maintain such trauma center designation for a minimum of ten years; (B) For every new clinical health service added after the effective date of the exemption under this paragraph, maintain such trauma center designation for an additional two and one-half years; and (C) Submit annual reports in accordance with Code Section 31-6-70."  Further, the Bill states: "exemption of a hospital under this paragraph shall apply only to the campus of the hospital which is designated as a Level I or II trauma center and its services. In the event a hospital which is exempt under this paragraph ceases to comply with the conditions specified in this paragraph, such hospital shall lose its exemption and shall be required to obtain a certificate of need for its facility and clinical services in accordance with this chapter. A hospital which is exempt under this paragraph shall not have the right to oppose any other health care facility or establishment or expansion of clinical health services."

HB 1073 – Rep. John Meadows (R-Calhoun) introduced this Bill providing for the provision of absentee ballots to uniformed and overseas voters and the use of special write-in ballots in O.C.G.A. § 21-2-219(b).  The Bill also would permit absentee ballots to be requested by electronic transmission and provide for the regulation and rule process for such.

HB 1076 – Rep. Ron Dodson (D-Jonesboro) proposed repealing Chapter 41 in Title 43 and the provisions relating to the licensing of residential and general contractors.

HB 1077 – Rep. Virgil Fludd (D-Fayetteville) authored this initiative increasing the excise tax on motor fuel in O.C.G.A. § 48-9-3(a)(1) from 7 ½ cents per gallon to 10 ½ cents per gallon on distributors who sell or use motor fuel in Georgia. It further proposes an income tax credit for qualified motor fuel expenses (defined as "the expenditure of funds by a taxpayer who resides in this state for motor fuel purchased in this state in the tax year for which the credit under this Code section is claimed and allowed.")  This credit would not exceed one cent per gallon of the total number of gallons purchased.

HB 1078 – Rep. Glenn Baker (D-Jonesboro) proposed this Bill providing that a retired juvenile court judge can perform marriage ceremonies in O.C.G.A. § 15-11-16 (a retired juvenile court judge for the purpose of this Code section would be one who has served not less than eight years).

HB 1079 – Rep. Tom Dickson (R-Cohutta) authored this proposal amending O.C.G.A. § 20-2-200(e)(2) authorizing the additional methods to pay certification fees to the Professional Standards Commission for teachers seeking certification.  Presently, fees can be paid by cashier's check or money order; this would also permit use of a credit card and debit card for such payment.

HB 1083 – Rep. Joe Wilkinson (R-Atlanta) introduced this Bill amending Chapter 1 of Title 28 to address members of the General Assembly who fail to file State income tax returns or are defaulters for State income taxes.  It also adds language that it is the "intention of the General Assembly that a member of the General Assembly who is named in a report under this Code section (by the Department of Revenue) shall cooperate in the investigation by the ethics committee chairperson and shall execute a limited power of attorney authorizing the State revenue commissioner to release to the chairperson, members of the ethics committee, and appropriate staff members: (1) the tax years of any outstanding Georgia personal income tax returns not yet filed as of the date of execution of the limited power of attorney; and (2) the tax years and amounts of any outstanding Georgia personal income tax liabilities finally determined to be due and not yet satisfied as of the date of execution of the limited power of attorney."  The member has a required to execute this "limited power of attorney" within ten business days after a request is made by the ethics committee chairperson.

HB 1084 – Rep. Al Williams (D-Midway) proposed an amendment to O.C.G.A. § 43-7-12 to provide that a license to operate a barbershop may be granted to mobile barbershops.  However, only barbering and no other businesses can be conducted from such mobile barbershop and a mobile barbershop cannot be used to train apprentices.

HB 1085 – Rep. Katie Dempsey (R-Rome) proposed changes to O.C.G.A. § 15-11-58 to provide for additional requirements for case plans and permanency plans submitted and approved by the juvenile court for children who are in the custody of the Division of Family and Children Services of the Department of Human Services.  In subsection (c) relating to the report and plans for reunification of the family, the following language is added:

(7) A statement that reasonable efforts have been made and a requirement that reasonable efforts shall be made for so long as the child remains in the custody of the department:

(A) To place siblings removed from their home in the same foster care, kinship, guardianship, or adoptive placement, unless the Division of Family and Children Services documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and

(B) In the case of siblings removed from their home who are not so jointly placed, for frequent visitation or other ongoing interaction between the siblings, unless the Division of Family and Children Services documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings;

(8) Provisions ensuring the educational stability of the child while in foster care, including:

(A) An assurance that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;

(B) An assurance that the state agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement; or

(C) If remaining in such school is not in the best interests of the child, an assurance by the Division of Family and Children Services that such division and the local educational agencies have cooperated to assure the immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to such new school; and

(9) A requirement that the Division of Family and Children Services of the Department of Human Services case manager and staff, and, as appropriate, other representatives of the child, provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as the child may elect in the 90 day period immediately prior to the date on which the child will attain 18 years of age."

 Additional requirements are also made when a recommendation is made that reunification services are not appropriate and should not be allowed.

HB 1086 – Rep. Rick Austin (R-Demorest) offered this Bill amending O.C.G.A. § 50-18-72 to provide that certain person information relating to teachers and employees of public and non-public schools will be exempt from public disclosure, and this now would include the home email address in addition to the home address, home telephone number, social security number and insurance and medical information of that public employee or teacher.  The initiative also proposes to exempt from public disclosure information relating to tests administered by the Professional Standards Commission.

HB 1087 – Rep. Ralph Long (D-Atlanta) authored this initiative adding a new Code section at O.C.G.A. § 12-9-26 providing collective emissions limitations for facilities emitting pentachlorophenol near primary and secondary schools.  (Other Bills similar to this proposal were introduced in 2009 including SB 276 and HB 531; a Study Committee proposal on this issue was also offered last year, HR 177.)

HB 1088 – Rep. Ellis Black (D-Valdosta) proposed this extension of the sunset or termination of the sales and use tax exemption for fuels used in a structure in which swine are raised in O.C.G.A. § 48-8-3(49.1)(A).

HB 1091 – Rep. Sean Jerguson (R-Holly Springs) offered and amendment to O.C.G.A. § 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites. This change provides that licensees for the retail package sales of malt beverages and wine only who will be subject to regulation as to distances from churches, schools and colleges by counties and municipalities.

HB 1093 – Rep. Knight (R-Griffin) offered the following changes to Title 48, requiring any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide such information electronically to the Department of Revenue.

HB 1094 – Rep. Lynn Smith (R-Newnan) authored this comprehensive initiative to address the practices, programs, policies, rules and regulations of the Georgia Department of Natural Resources (including the Environmental Protection Division and Georgia Environmental Facilities Authority), the Department of Community Affairs, Forestry Commission, Department of Community Health, (including its Division of Public Health), Department of Agriculture, and Soil and Water Conservation Commission to develop programs and incentives for voluntary water conservation.  It would also require regular reports to the Governor, Lt. Governor, Speaker of the House and members of the General Assembly. It also requires high-efficiency toilets, shower heads, and faucets and high-efficiency cooling towers.  The Bill creates the Joint Committee on Water Supply.

HB 1100 – Rep. David Casas (R-Lilburn) offered this set of changes to Georgia's "Quality Basic Education Act" in Article 6, Chapter 2 of Title 20.  This Bill would require the State Board of Education to include a growth model as a primary factor in its calculation of adequate yearly growth; assign annual individual school ratings for each public school in Georgia for academic performance on designated tests (these would be A-F ratings and would be determined no later than January 1, 2011 for the 2009-2010 school year); establish thresholds for measurement of performance; provide for criteria for school ratings; provide for bonuses to schools based on appropriations; and etc.  It would specifically require in O.C.G.A. § 20-2-288 that the Office of Student Achievement define what constitutes a "year of learning" for an individual student in grades four through eight (basing that on the results of the criterion-referenced competency tests).  The Office of Student Achievement would also have to define what constitutes "acceptable growth."  If a school gets an "F" rating, then that school is penalized and not allowed any waivers of State law which its local school system has received.

HB 1102 – Rep. Bob Smith (R-Watkinsville) offered changes to O.C.G.A. § 48-8-3, relating to exemptions from state sales and use tax. An exemption would be provided for tangible personal property of nonprofit health centers from July 1, 2008 to June 30, 2012.

HB 1103 – Rep. Howard Maxwell (R-Dallas) proposed this Bill to provide for clearance certificates issued by the Professional Standards Commission pertaining to fingerprint and criminal background checks for school personnel.  A "clearance certificate" is defined in O.C.G.A. § 20-2-211.1:

Means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011.  A clearance certificate shall be a renewal certificate valid for five years.  Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200.

These clearance certificates must be held by educators on and after January 1, 2011 in order to be employed by the local unit of administration (as defined in O.C.G.A. § 20-2-242, including State chartered special schools and commission charter schools).  There would be a $20.00 fee imposed for an applicant for a clearance certificate who is not currently employed in Georgia public or private schools or who is not a graduate of an accredited education program from a Georgia college or university.

HB 1104 – Rep. Jimmy Pruett (R-Eastman) introduced this new Code Section in O.C.G.A. § 15-11-40.1 to provide for graduated sanctions and secure detention for children who violate the terms of their probation (these sanctions go from verbal and written warnings to a secure probation sanctions program and include things such as community service and electronic monitoring).  It also would require that a child who has been ordered to a probation management program for the court to retain jurisdiction throughout the period of the probated sentence so that the court may modify or revoke any part of the probated sentence.  It also outlines how a child may enter into the secure probation sanctions program.

HR 1289 – Rep. Alan Powell (D-Hartwell) proposed this Resolution commending Georgia's rural hospitals and HomeTown Health for the work done by the rural hospital network in providing a vital link to healthcare for Georgians.

HR 1292 – Rep. Pedro Marin (D-Duluth) proposed this "urging" Resolution for Congress to pass H.R. 3171, the "Bridging Bank to Recovery Act."  The legislation is to help address issues relating to subprime mortgages.

HR 1293 – Rep. Ron Dodson (D-Jonesboro) proposed this initiative to create a Joint House and Senate Study Committee on the Licensure of Residential and General Contractors.

HR 1300 – Rep. DuBose Porter (D-Dublin) authored this Constitutional Amendment proposal to provide that an amount equal to the State sales and use tax collected on sales of motor fuels for the purpose of propelling motor vehicles on the public roads of this State not otherwise exempted by general law shall be appropriated for transportation purposes.  This Amendment would be added in Article III, Section IX, Paragraph VI.  It also would authorize the General Assembly to appropriate and direct the use of these funds and provide for the formation of special transportation districts and authorization of the levy of a regional local option transportation sales and use tax if approved by referendum.

SB 357 – Sen. Emanuel Jones (D-Decatur) proposed amendments by adding a new Code section at O.C.G.A. § 49-4-146.4 to suspend, rather than terminate, an individual's Medicaid benefits while he or she is incarcerated.  The Bill defines the term "inmate" as a "prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration.

SB 359 – Sen. David Shafer (R-Duluth) proposed this Bill to be known as the "Voter Choice and Ballot Access Act of 2010" permitting in O.C.G.A. § 21-2-137 a "political body" the ability to nominate the nominee of a political party for an office as the nominee of the political body for the same office.  The person nominated would file as the nominee of each of the political organizations by whom such person is nominated for the office. Petitions to qualify political bodies to nominate candidate for public office by convention would be filed with the Secretary of State and would be required to be signed by the voters in the manner as provided by law.

SB 360 – Sen. Jack Murphy (R-Cumming) proposed this legislation prohibiting persons who are 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle as outlined in O.C.G.A. § 40-6-241.1.  Penalties for such violations are also included in the Bill.

SB 361 – Sen. Chip Rogers (R-Woodstock) authored this Bill expanding the eligibility for the scholarship program for children who are "special needs students" and to rename the scholarship the "Georgia Early HOPE Scholarship."  These changes begin in O.C.G.A. § 20-2-2110 et seq.  An eligible student would be a: "A) student with a disability; B) section 504 student; C) foster care student; or D) military family student."  A "foster care student" is a student who is or has been in a foster home or otherwise in the foster care system under the Division of Family and Children Services of the Department of Human Services.  A person who has legal authority to act on behalf of a foster care student shall not be considered a state actor or agent of the state.

SB 363 – Sen. Greg Goggans (R-Douglas) proposed adding a new Code Section at O.C.G.A. § 45-18-7.8 to provide that the Georgia Student Finance Authority may contract for the inclusion of employees and retiring employees of the authority and their spouses and dependent children in any State health insurance plan.

SB 364 – Sen. Cecil Staton (R-Macon) offered amendments to Chapter 24A to Title 43 providing that upon conviction for a sexual offense, a person's massage therapist license shall be suspended (not less than one nor more than two years on the first occurrence; not less than two nor more than five years on the second occurrence; and permanently on the third occurrence). There is a process proposed for reinstatement of this license as well.

SB 365 – Sen. Don Thomas (R-Dalton) authored a new Code section to be added at O.C.G.A. § 32-6-200.1, providing for the installation of active warning devices following a collision at any unmarked railroad grade crossing.  This must be done within six months of such collision when a fatality is involved.

SB 366 – Sen. Doug Stoner (D-Smyrna) authored this Bill amending Chapter 8 of Title 48.  Among its proposed ideas includes the provision for a phased-in on the dedication of a portion of the State sales and use tax on motor fuels to be used for transportation purposes.  It also provides for an exemption from the cap on the imposition of local sales and use taxes and provides for up to one percent sales and use tax to be used to fund transportation purposes in special transportation districts within Georgia.

SB 367 – Sen. Don Balfour (R-Snellville) proposed this Bill revising the definition of "influenza vaccine" in the influenza vaccine protocol agreements portion of the Code at O.C.G.A. § 43-34-26.1(a)(4).  It now means:

Influenza vaccine means an inactivated virus administered by injection or a live attenuated virus administered by nasal spray that is prepared for the applicable season and that is administered to produce or increase immunity to the influenza virus.

SB 368 – Sen. Bill Jackson (R-Appling) offered this Bill amending O.C.G.A. § 10-1-393(b)(4)(A) to change provisions relating to deceptive representations or designations of geographic origin.  It also revises provisions relative to unlawful telephone directory listings of non-local businesses and requires the registration of assumed or fictitious trade names, prohibiting the use of assumed or fictitious trade names to intentionally misrepresent geographic origin or location.

SR 964 – Sen. David Shafer (R-Duluth) proposed an Amendment to the Constitution at Article IX, Section IV, to prevent double taxation by prohibiting a county from levying ad valorem taxes or assessments within a municipality to pay for services that are provided by the municipality.

Committee News

House Health and Human Services Committee

A lengthy presentation was made on "trauma" services in Georgia on February 3, 2010 to the House Health and Human Services Committee.  At this meeting, the "role of EMS" was discussed with Committee members.  These first responders are sometimes paid professionals; other times they are volunteers.  With the trauma money that the Trauma Commission received, some of it went to help purchase new EMS vehicles (some were ambulances with 400,000 miles on the vehicles).  Some of these vehicles which have been purchased have actually been purchased for the use of "for-profit" companies who are the member of the 911 zone.

The EMS first responders are now geared towards training folks (including firefighters and citizens) to help with accident victims; they hope to conduct 65 classes and train 1,300 individuals on how to help before EMS services arrive on an accident scene. 

Of calls received by EMS through the 911 system, 22% are "trauma calls."

Dr. Dennis Ashley, the Chair of the Georgia Trauma Commission, gave an overview of the Commission's work to date.  Georgia has presently only four Level I trauma centers: Medical College of Georgia (Augusta); Memorial Hospital (Savannah); Medical Center of Central Georgia (Macon); and Grady Hospital (Atlanta).  There are no Level III facilities in Georgia but there are eight Level II facilities.  Dr. Ashely discussed "readiness" costs for keeping a trauma hospital operation 24/7 as well as challenges to the funding formula.  He also talked about the Commission's immediate goals which include securing permanent funding for trauma; maintaining and expanding trauma services in south Georgia; strengthening EMS services; creation of a trauma transfer-communication system; building system infrastructure; and assuring exceptional accountability.  Dr. Ashley indicated that the Commission had worked to solicit hospitals to come into the trauma network; those included Phoebe Putney Hospital; Tifton Regional; and Valdosta. Hospitals not in the network now fear that all patients will come, regardless of their ability to pay, and thus, increase their uncompensated care.  Dr. Ashley also told the Committee that telemedicine (telehealth) is critical to the network's success and the Commission had worked on obtaining federal grant dollars ($750,000 to date).

House Governmental Affairs

HB 122, authored by Rep. Ed Lindsey (R-Atlanta), was taken up by the Committee yesterday, February, 3^, 2010. Rep. Lindsey stated that this is a good open government bill, which requires local governments to post various reports, on the Carl Vinson Institute's website. Local governments are already required to prepare these reports, the Carl Vinson Institute's Website would allow for a proper tool for transparency. According to Rep. Lindsey, this would help governments to compare spending to other local governments. HB 122 received a do pass from the Committee.

Rep. Jay Powell (R-Camilla) offered HB 478 to the Committee yesterday. This same Bill passed out of the Committee last year, but was tied up in rules. HB 478 seeks to require that all municipal court judges have a law degree before becoming a municipal court judge. Current municipal court judges are grandfathered into this provision.  HB 478 passed out of the Committee with only on dissenting vote. 

Senate Appropriations- Human Development Subcommittee

Department of Behavioral Health and Developmental Disabilities

Dr. Frank Shelp, Commissioner or the Department of Behavioral Health and Developmental Disabilities, testified before the Subcommittee today reiterating comments that he said during this week's House Children and Youth Committee meeting. Dr. Shelp stated that the Department must have money on hand to perform its necessary functions; this being a $20 million cash flow.  Sen. Johnny Grant (R-Milledgeville) questioned how the Department of Justice's actions to seek the appointment of a monitor will impact Georgia. Dr. Shelp cited that there is a threat in the appointment of a monitor, as a stepped down "backdoor" maneuver. The Monitor would have the ability to fundamentally change the settlement. The Department will resist the appointment of a Monitor according to Dr. Shelp.

Sen. Grant also inquired about the closure of the adult mental health hospital at Central State Hospital in Milledgeville; the closure was announced to take place on March 1, 2010. Sen. Grant did state that he is aware of the Department's goal to use hospitals as more of a last resort than a first resort, by using community programs. However, Sen. Grant is worried that there will not by community programs in place in the Baldwin County area by March 1^st.

Dr. Shelp stated that the Department did not set out to close the hospital, but closing the Powell Building. Trying to refurbish the Howell Building would roughly cost around $4 million, which is too pricey for the Department. Additionally, Dr. Shelp said that the March 1^st deadline is not an ironclad closure date that would put anyone at risk. Individuals that need long-term care will be moved closer to their county of origin. The Department is also exploring uses of the Kidd Building.

Department of Human Services

Commissioner B.J. Walker spoke to the Subcommittee today about budget issues facing the Department of Human Services. When creating a Budget for Amended FY 2010 and FY 2011, the Department looked at what resources they could not afford to loose. The goal in both of these budgets is to preserve the front line to the greatest extent, according to Commissioner Walker.

The Department has already carefully managed the $32 million reduction that has already been taken in FY 2010. Matching funds and maintenance of efforts funds have also been closely monitored, due to the fact that required levels must be maintained. Along with other cost saving efforts, the Department has maximized the number of furlough days to be taken, at the number of twelve for a ten month period. Block TANF Grants have leftover funds that rollover from the year before, these along with the ARRA funds that the Department has received have allowed the Department to bring up services and programs that fill the needs that Georgians, as well as fill gaps in the budget. The Governor predicted a $25 million carry over of TANF funds in FY 2010 and FY 2011; however, Commissioner Walker stated that she is working on the predication that only $33 million will carry over each year.

House Ways and Means Sales Tax Subcommittee

The Subcommittee dealing with Sales Tax issues met on February 4, 2010.  Rep. Lynn Smith (R-Newnan) presented for the first time three pieces of legislation dealing with sales tax "holidays" for this year.  HB 951, which would permit a combined sales tax holiday for purchases of energy efficient products and school clothing and supplies; HB 952, which would permit the sales tax exemption on purchases of good for preparing to go back to school (clothing, computers and supplies); and HB 953, the sales tax exemption proposal solely dealing with the purchase of energy and water efficient products were held over for a second hearing.  Each had fiscal notes:

In 2008, the "costs" to the State for providing these exemptions were roughly $12.6 million ($8.67 million from clothing purchases; $1.97 million for computer purchases; $1.48 million for school supplies; and $460,000 for energy efficient products).  In 2009, the costs were approximately $13.21 million ($9.08 million for clothing; $2.09 million for computer purchases; $1.54 million for school supplies; and $500,000 for energy efficient products).  Rep. Smith indicated that some teachers were angry with these "holidays" in light of the fact that were required to take furlough days. 

John Heavener, with the Georgia Retail Association, provided information on a study conducted on Florida's sales and use tax exemptions, which found that the State of Florida actually benefited by more than $100 million from these "holidays."  Using Georgia numbers, they have extrapolated that Georgia benefits with these holidays by about $33 million.

The Subcommittee also passed out Rep. Wendell Willard's (R-Sandy Springs) Bill dealing with "LOST" or "baseball arbitration" as previously proposed and passed by the General Assembly.  This version, HB 991, now moves to the full House Ways and Means Committee.

The Subcommittee rescheduled HB 97, the bill by Rep. Stephanie Stuckey Benfield (D-Atlanta), regarding her sales tax holiday proposal for school supplies.

House Ways and Means Committee

The full House Ways and Means Committee met on February 4, 2010.  It passed out HB 1028, by Rep. Jay Roberts (R-Ocilla), which deals with the land covenants in the Forest Land Protection Act of 2008 when property may cross county lines. 

Rep. Virgil Fludd (D-Fayetteville) presented his HOST tax for education idea which permit an additional homestead exemption.  This Bill was merely presented with an assignment given to the Sales Tax Subcommittee for further review.  The idea would not reduce the millage rate.

Rep. Wendell Willard (R-Sandy Springs) presented HB 991, his LOST proposal previously taken up in the Subcommittee, which passed without discussion.  It does now add a "doomsday" provision in Section 5 of the legislation for failures when cities and counties do not reach an agreement.

HB 1069, by Rep. Joe Wilkinson (R-Atlanta), was presented as an option to deal with stimulus funding which was designed for energy and water conservation.   Georgia has received $82.5 million of ARRA funds to be expended on energy efficiency. This Bill provides for tax credits for certain qualified equipment that reduces business or domestic energy or water usage and was assigned to the Income Tax Subcommittee for discussion.

HB 1041, by Rep. Bubber Epps (D-Dry Branch), was assigned to the Ad Valorem Tax Subcommittee. It amends O.C.G.A. § 48-5-304 and how to deal with the tax digest when there are pieces of property on appeal or in arbitration.

Rep. Virgil Fludd (D-Fayetteville) also proposed HB 1065 for a first read which would provide a 15% reduction in sales and use tax exemptions for two years.  This Bill went to the Sales Tax Subcommittee.

Rep. Fludd also proposed HB 1067 which would reduce any income tax credits where there is a cap in place by 15% for two years.  This Bill went to the Income Tax Subcommittee.

Next up was HB 1068, also by Rep. Fludd, which proposed for tax credits where there was no cap but permits a claim up to a certain amount also be reduced by 15% for two years.  This Bill also went to the Income Tax Subcommittee.  Finally, HB 1066, by Rep. Fludd, was assigned to the Income Tax Subcommittee; it proposes a one percent surcharge on individuals with incomes of $400,000 or more on an annual basis.

Rep. Ron Stephens (R-Savannah) had his HB 1049 Bill, dealing with SPLOST and allocating 1/10 of one cent for the arts, assigned to the Sales Tax Subcommittee.  Similar legislation has been passed in Colorado, Utah, and Minnesota.  This could potentially help the Macon Music Hall of Fame.

HB 1060, also by Rep. Stephens, was sent to the Public Finance and Policy Subcommittee.  This bill provides more latitude for bonding projects, moving that to GSFIC for the Georgia Ports Authority.

HB 963, by Rep. Larry O'Neal (R-Bonaire), cleared the Committee.  It is a Bill dealing with "technical corrections" to the revenue Code.  It permits digital signatures for real and personal property tax returns which will be less expensive and more convenient.  It also amends O.C.G.A. § 48-5-52 and the homestead exemption permission for those age 62 and over, addressing the eligibility requirements and those with incomes of $10,000.00 or less net income.

House Insurance Committee

The House Insurance Committee met early on February 4, 2010 to hear from the Department of Insurance and specifically more about the issue that some school systems faced regarding the insolvency of their workers compensation provider.  Ron Jackson, with the Department, provided an overview of what the Department had done in terms of Southeastern U.S. Insurance Company and the subsequent fraud investigation of the company.  The company, SEUS, is now insolvent.  The issue before the Department is who is subject to insolvency coverage.  Mr. Jackson explained the current law concerning "networth" exclusion (which is now at $25 million).  When Georgia's law was first developed in 1975, that exclusion was only $1 million.  Some of the revisions to the law were made previously in HB 407.  Another issue relates to "captive claims exclusion."  In 2008, an amendment was made for workers compensation insurance so that those would be covered insolvencies.  The Department is presently trying to get clarification on exclusions and how to deal with prior claims.  There is a need to clarify what are considered "net assets" versus "net worth" and how each is used.  There is also a question as to "ownership" of public schools and whether they are owned by counties, cities or which political division.  Sen. Ralph Hudgens, who chairs the Senate Insurance and Labor Committee, has also been seeking clarification and has made an inquiry to the State's Attorney General and how these net worth amounts can be determined.

Senate Judiciary Committee

Sen. Preston Smith (R-Rome) hosted a Senate Judiciary Committee meeting.  HB 185, by Rep. Wendell Willard (R-Sandy Springs), cleared the Committee by Committee Substitute (which changed Department of Human Resources to Department of Community Health) with one negative vote by Sen. John Wiles (R-Marietta).  It deals with emergency measures of the courts in times of pandemics and hurricanes.  The Committee decided to tie the emergency to those powers of the Governor and his order regarding such an emergency.  The Committee also struggled with the "availability" of a judge when a Supreme Court Justice was not available.

SB 300, by Sen. Ronald Ramsey (D-Decatur), was sent to a Subcommittee after a lot of discussion.  The Bill is similar to a House version, HB 897.  SB 300 changes certain provisions relating to sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor or disciplinary person and removes a "consent defense" to sexual assault on certain persons.  It also provides for the offense of sexual enticement of a student.  Sen. Ramsey is not opposed to add the "Romeo and Juliette" language to SB 300 as found in HB 897 and is also willing to accept the definition of "school" versus "educational institution."  No Subcommittee members were named as of the writing of this Report.

Senate Health and Human Services Committee

SB 344, by Sen. Lee Hawkins (R-Gainesville), cleared the Committee.  This Bill modifies the "'Health Share' Volunteers in Medicine Act" adding that this will also apply to physician's assistants used by safety net clinics.

SR 915, by Sen. Judson Hill (R-Marietta), also passed out of the Committee.  This Resolution proposes that the breast cancer screening guidelines be ignored which were developed by the United States Preventive Services Task Force.  Ellen Reynolds, a breast cancer survivor, spoke in favor of this Resolution which sailed clearly out of the Committee.

Sen. Renee Unterman (R-Buford) reported that Sen. Don Thomas (R-Dalton) asked that the Committee take steps to attend the Lunch-and-Learn program at Resurgens (the ambulatory surgical center facility tour).

House Rules

The House Rules Committee set the following Calendar for Friday, February, 5, 2010:

• 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.

Senate Rules

The Senate Rules Committee set the following Calendar for Friday, February 5, 2010:

• SB 283, authored by Sen. Bill Heath (R-Bremen), which would prohibit tax commissioners, tax collectors, tax receivers, and employees of these officers to be eligible for membership in the Employees' Retirement System of Georgia, after July 1, 2010.
• SB 287, proposed by Sen. Judson Hill (R-Marietta), would require replacement driver's license to be issued with a new license number.
• SB 328, authored by Sen. Chip Pearson (R-Dawsonville), which would require electric suppliers to provide cable companies nondiscriminatory access to electrical facilities.