Oh HAPPY DAY!  It is now March!  We have also now officially crossed the "hump" in the Session and now are into the downhill slide to Sine Die!

 Floor News

 House

The House came to order just after 10:00 am and began with morning devotion.  Speaker David Ralston (R-Blue Ridge) then made a heartfelt introduction of the Trautwein Family of North Fulton. The Trautweins lost their 15-year-old son to suicide and have since created the Will to Live Foundation which raises awareness about the epidemic of teen suicide.  Rep. Elena Parent (D- Doraville) recognized Ms. Kate Atwood, founder of Kate's Club, which is a group that works in grief counseling with children who have lost siblings and family members. Today was "Grief Awareness Day" at the Capitol.

HB 335, seeking to reincorporate the City of Doraville into DeKalb County, passed the House with a vote of 146-15.  Representative Powell (R- Hartwell) brought forth HB 279, seeking to mandate that all children under the age of 8 who are neither 4'9" nor weigh 40+ pounds must be seated in child restraint seats in vehicles. After discussion on the legislation, HB 279 passed 129-43.  HB 95, seeking to amend provisions on state owned real property, passed 169-2.  HB 173 which seeks to permit school boards to expunge teaching records after 7 years, passed 168-1.  HB 80, clarifying annexation of unincorporated islands, passed 163-6.

The bulk of the House discussion and debate was on HB 326, making comprehensive revisions to the HOPE Scholarship. The bill is modeled after the plans Governor Deal announced the previous week, and after being sent through the House Committees for revisions, it came before the House. Many favorable amendments were made to HB 326, including lowering the standards for receiving/maintaining the Zell Miller Scholarships from a 3.7 to a 3.3. Also, more rigorous high school academic work will be implemented over the next four years, taking effect in 2015, ensuring that the most well prepared students are benefitting from the HOPE Scholarship.  Current proprietary schools are still grandfathered into the legislation; however, it stipulates that no more proprietary schools may be added.  Additionally, Lottery bonuses will now be tied into the amounts paid into the lottery, capping at 25%.  The bonuses will then be paid out at a 1% net increase, ensuring that before any bonuses are paid out, there are clear incentives for people to "buy in."

The Governor's Floor Leader, Representative Collins (R-Gainesville), was careful to assure the Lawmakers that there is no mention of Pre-K in the legislation because it is not determined on a statute basis like the HOPE Scholarship; rather, it will come through the appropriations process.  Representative Evans (D- Smyrna) spoke against HB 326, insisting it should be a needs-based offering with an income cap.  Also speaking in favor of the income cap was Representative Lucas (D- Macon), saying that with tuition increases the HOPE Scholarship has become like "an elite club."  Chairman Hembree (R- Winston) and Minority Leader Abrams (D- Atlanta) spoke in favor of the legislation; the latter expressed the benefits of the needs-based loan program.  Finally, Speaker Pro-Tempore Jones (R- Milton) reminded the House that the HOPE Scholarship is intended to be a needs-based program, and will continue to be a merit-based scholarship. She also quoted from Former Governor Zell Miller's book, and reminded legislators that his intentions with the HOPE Scholarship were to promote an "educated citizenry" and a "high-quality workforce" in Georgia.  Speaker Pro-Tempore Jones stated that income caps were irrelevant.  Over half the recipients of HOPE come from families with an income of $40,000 or less per year; less than 17% of HOPE recipients come from families with incomes above $100,000.

The House of Representatives passed HB 326 with a vote of 152-22; HB 326 will now move on to the Senate for consideration.

Senate

The Senate session began by introducing Dr. Leland McCluskey, MD as the Doctor of the Day from St. Francis Hospital in Columbus, Georgia.  Sen. Ed Harbison (D-Columbus) and Sen. Josh McKoon (R-Columbus) recognized March 1, 2011 as Columbus Day at the Capitol and the Mayor of Columbus along with several prominent businessmen from the city were acknowledged.  Sen. Barry Loudermilk (R-Cassville) also recognized members of the Adairsville Student Government who were in attendance in the gallery.  SR 262 was read aloud in honor of the Trautwein family for their work in establishing the Will to Live Foundation which is an organization that was designed to help prevent teen suicide. The Senate brought up three Bills for discussion.

• SB 33 was authored by Sen. David Shafer (R-Duluth) and was presented as the Waste Reduction Act of 2011.  The Bill seeks to introduce zero-base budgeting to the budget process.  Sen. George Hooks (D-Americus) spoke in favor of the SB 33 and reminded all Senators that the Bill had passed the Senate in previous years.  The Bill was voted on and passed with a tally of 51-0.
• SB 34 was initially introduced to the Senate for discussion but was tabled by Sen. Chip Rogers (R-Woodstock) so that the girl the Bill is named after could be in attendance.  The Rachel Sackett Act is designed to authorize public school students to participate in extracurricular activities at other public schools in their attendance zone.
• SB 67 was explained by Sen. Buddy Carter (R-Pooler) and basically prohibits the use of the word "nurse" unless he or she is actually a licensed or registered nurse.  One question was asked to Sen. Carter about how the Bill will affect the way assistant nurses are titled.  Sen. Carter said it would not affect them.  The Bill passed with a vote of 50-3.

New Legislation

HB 394 – Rep. Mark Hamilton (R-Cumming) authored this initiative providing for de-annexation of property which has been previously annexed in O.C.G.A. § 36-36-24.  It further states that "de-annexation is contingent upon the property proposed for de-annexation being contiguous to the unincorporated area of the county."  Property which has been annexed to a municipal corporation is also not eligible for de-annexation pursuant to O.C.G.A. § 36-36-26 until "at least two calendar years after the date the annexation of said property became effective." O.C.G.A. § 36-36-26 establishes the process for this de-annexation, including the requirement for a petition to be filed in superior court seeking appointment of a special master.

HB 397 – Rep. Jay Powell (R-Camilla) authored this Bill with comprehensive amendments in Title 50 pertaining to Georgia's open meetings and records laws. Among the many changes include a new definition for the term, "meeting" as defined in O.C.G.A. § 50-14-1.  It also requires that any meeting where votes are taken must be done so in public and in compliance with the posting and agenda requirements outlined in Chapter 14 of Title 50.  If there is to be an action contesting a resolution, rule, regulation, ordinance or other formal action of an agency based on an alleged violation, it must be commenced within 90 days of the date of such contested action was taken, or "if the meeting was held in a manner not permitted by law, within 90 days from the date the alleged violation was discovered if such date is not more than six months after the date the contested action was taken." A 24-hour notice provision remains, permitting either "written or oral notice be given in advance of any meeting to the legal organ in which notices of sheriffs' sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ; provided however, that in counties where the legal organ is published less than four times weekly, sufficient notice shall be the posting of a written notice for at least 24 hours at the place of regular meetings and, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone or facsimile, or email to that requesting media outlet at least 24 hours in advance of the called meeting."

HB 399 – Rep. Jay Powell (R-Camilla) also authored this initiative requiring the registration with the Secretary of State of the names and addresses of persons having responsibility for managing the business of limited partnerships and limited liability companies in O.C.G.A.  § 14-9-206.5 and O.C.G.A. § 14-11-1103.

HB 400 – Rep. Jay Neal (R-LaFayette) authored this initiative creating a new Code Section at O.C.G.A. § 12-5-10 to exempt water withdrawals from a portion of the Tennessee River Basin lying in the Chickamauga Valley and Lookout Mountain physiographic districts from any restriction on interbasin transfers of water.

HB 409 – Rep. Gene Maddox (R-Cairo) proposed this Bill amending Chapter 50 of Title 43 relating to the licensure of veterinarians and veterinary technicians.  His Bill amends the application process for the practice of veterinary medicine and permits a waiver under circumstances (permitting a waiver by rule if a veterinarian has been licensed in another state and is in good standing in that state).  It also requires the division director, over licensing, to record any new licenses and issue a certificate of registration to the new licensees.  In O.C.G.A. § 43-50-53, it requires that the board of veterinary medicine "approve an examination to measure the competence of the applicant to engage in the practice as a veterinary technician and shall set by rule or regulation the score needed to pass any such examination."  Previously, the board was permitted to approve such an examination; this will now make it a requirement of the board.

HR 424 – Rep. Jay Neal (R-LaFayette) authored this "urging" Resolution to have a feasibility study conducted on the withdrawal, storage, and distribution of waters from a portion of the Tennessee River Basin.

SB166 –Sen. Jesse Stone (R-Waynesboro) proposed this Insurance Bill in Title 33 to extensively revise the requirements for continuing care providers/facilities; enforcement powers of Insurance Commissioner.  It contains revised definitions, and provides for enforcement powers of the Commissioner of Insurance.  Additionally, it makes "CCRC" entities subject to annual disclosure statements and requires changes for continuing care agreements.

SB 167 - Sen. Jack Hill (R-Reidsville) authored this Bill in Title 34 relating to employment security, amending laws governing benefits so that such will be reduced by a benefit received from a public retirement system.  It specifically amends O.C.G.A. § 34-8-193 relating to determination of weekly unemployment compensation benefits

SB168 -  Sen. Valencia Seay (D-Riverdale) proposed this Bill relating to "Rules of the Road" and to dedicate the "Georgia Move-Over Law" in memory of Spencer Pass in Chapter 6 of Title 40.  Mr. Pass, a HERO operator with the Georgia Department of Transportation, was tragically killed after being hit by a passing truck while he was helping a motorist on the side of Interstate Highway 85 in Atlanta, Georgia, on January 31, 2011.

SB172 – Sen. David Shafer (R-Duluth) offered this proposal addressing the adoption process.  It requires a home study by an evaluator and a recommended placement.  It would make these revisions in Chapter 8 of Title 19.  This evaluator would be a third party who is neither a stepparent nor a relative.  Additionally, revisions would be made relating to surrender or termination of parental or guardian's rights where a child is to be adopted by a third party.

SB 174 -  Sen. Charlie Bethel (R-Dalton) authored this initiative in Chapter 4 of Title 42 concerning jails.  It will require all jails to participate in federal Department of Homeland Security's Secure Communities initiative and further require certain jurisdictions to enter into memorandums of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act.  It contains proposed sanctions for communities which fail to do so.

SB 176 -  Sen. Ronnie Chance (R-Tyrone) proposed amendments to O.C.G.A. § 50-14-1 relating to Georgia's laws governing "Open and Public Meetings" to authorize all agencies to conduct meetings by teleconference under certain circumstances.

SB 177 – Sen. Charlie Bethel (R-Dalton) authored this initiative in Title 31 to enact the Health Care Compact.

SB 178 – Sen. Johnny Grant (R-Milledgeville) authored this Bill amending Chapter 7 of Title 31 to provide for the regulation and licensing of assisted living communities.  It would also provide for requirements for medication aides as well as their duties and responsibilities.  Further, the Bill revises provisions relating to personal care homes.

SB 179 – Sen. Tommie Williams (R-Lyons) offered this Bill amending Chapter 34 of Title 43 relating to physicians, physician assistants, and other related professions. It would require the licensing of radiographers, radiation therapists, and nuclear medicine technologists and further regulate the practices of performing medical imaging and radiation therapy procedures on humans for diagnostic or therapeutic purposes.

SB 180 – Sen. Buddy Carter (R-Savannah) introduced this Bill addressing Chapter 13 of Title 16 and Chapter 4 of Title 26 to authorize the use of remote automated medication system; to provide for legislative findings; to provide for definitions; to provide for requirements; to provide for the establishment of rules and regulations by the State Board of Pharmacy; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize pharmacists to dispense prescriptions through a remote automated medication system; to provide that a remote automated medication system shall not be considered a vending machine for certain purposes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 181 – Sen. Charlie Bethel (R-Dalton) introduced this Bill addressing Chapter 1 of Title 16 and Chapter 15 of Title 45, relating to general provisions for crimes and offenses and the Attorney General, respectively.  It proposes to prohibit contingent compensation under certain circumstances and also addresses provisions relating to the Attorney General's authorization to employ private counsel.

SB 182 – Sen. Buddy Carter (R-Savannah) offered this Bill which amends O.C.G.A. § 36-91-2, relating to definitions relative to public works construction projects.  It defines "public works construction."  Further, it contains amendments in Chapter 37 of Title 50 relating to guaranteed energy savings performance contracts in an effort to clarify that the authority of counties and municipal corporations to enter into such contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts.

SB 183 – Sen. Greg Goggans (R-Douglas) proposed this Bill addressing Chapter 2 of Title 20 concerning student health in elementary and secondary education.  It addresses changes to school health nurse programs.

SB 184 – Sen. Tommie Williams (R-Lyons) introduced this initiative in Chapter 2 of Title 20 relating to termination, suspension, nonrenewal, demotion, or reprimand of teachers and other school personnel.  It further adds requirements for reduction in force policies and proposes sanctions when such requirements are not followed.

SB 185 – Sen. Freddie Powell Sims (D-Dawson) authored this Bill addressing Chapter 1A of Title 20, relating to early care and learning.  The Bill would permit emergency closure of an early care and education program upon the death of a minor or under certain circumstances.  Similar legislation was offered in 2010.  It outlines the procedures to follow for such closure as well as provides a means to contest the closure.

SB 186 – Sen. Jeff Mullis (R-Chickamauga) authored this proposal in Title 25, relating to fire protection and safety.  It would establish the position of fire safety commissioner and a separate Department of Fire Safety.  Presently, the Commissioner of Insurance is also in charge of fire safety.  The Bill also would amend provisions in Title 35 to designate the fire safety commissioner as a member of the Board of Public Safety.

SB 187 – Sen. Josh McKoon (R-Columbus) introduced this Bill amending Chapter 26 of Title 43, the "Georgia Registered Professional Nurse Practice Act," to revise the nursing education program requirements for licensure as a registered nurse.  Further, it would add requirements for registered professional nurses who obtain education in non-traditional nursing education programs.

SR 263 – Sen. Jason Carter (D-Atlanta) authored this Resolution proposing a Constitutional Amendment to create the "Citizens Redistricting Commission."  It proposes that the Constitution would be amended so as to provide that legislative and congressional reapportionment would be done by an independent, nonpartisan commission instead of the General Assembly.  Further, it outlines who can be appointed to this Commission as well as its powers, duties, responsibilities, and resources for such commission.  The proposal provide for guidelines for reapportionment.

SR 265 – Sen. Frank Ginn (R-Danielsville) proposed this Resolution to create a Joint Study Committee on State-Local Government Mandate Review.

Committee News

House Rules Committee

The House Rules Committee convened today to establish the calendar for the 22nd Legislative Day.  The most notable discussion in the Committee was over the amendments made to HB 326, the HOPE Scholarship Amendments.  Several amendments were approved in Committee including changing the GPA requirements for the Zell Miller Scholarship from 3.7 to a 3.3 and imposing more rigorous high school requirements beginning in 2015.  HB 326 was passed onto the House as amended.  The Rules Calendar was set to include House Bills 48, 66, 137, 196, 200, 237, 293, and 297.

House Education Committee- Academic Innovations Subcommittee

Rep. Len Walker (R- Loganville) brought HB 271 before the subcommittee for consideration. HB 271, otherwise known as the "Georgia Student Extracurricular Partnership Act" seeks to allow students attending charter schools to take advantage of extracurricular activities at the public school they are zoned for.  An amendment was made to the bill, stipulating that final approval of a student's participation lies with the principal of the public school. This amendment leaves room for local school boards to develop a policy that the principal may rely on in making these approval/disapproval decisions.

Mr. Jimmy Stokes of the Georgia Association of Secondary School Professionals spoke out against HB 271, stating that these students hold the potential to disrupt the school cultures established based on pride in one's school. Mr. Stokes also stated that the Association was opposed to the legislation because of many unintended consequences that are possible, such as recruiting, etc.  Mr. Ralph Swearingin of the Georgia High School Association also spoke against the legislation, reminding the subcommittee that "life is full of choices and consequences," and that it is the Association's policy that in order for a student to play on a team, they must currently be enrolled at that particular school.  Finally, Ms. Julia Bernath of the Fulton County School Board spoke in opposition to the legislation. Ms. Bernath highlighted many unintended consequences of the legislation, such as pushing students who chose to attend the public schools out of opportunities to participate in sports, clubs, and other activities.  After hearing from the three speakers and running out of allotted time, the committee elected to postpone taking any action on the bill for further consideration.

House Human Relations and Aging Committee

The House Human Relations and Aging Committee met Tuesday afternoon to discuss a single Bill.  HB 226 was presented by Rep. Donna Sheldon (R-Dacula) and seeks to help low income individuals with disabilities establish individual development accounts, also known as IDAs.  The Bill would create a system of comprehensive regulation for these IDAs.  Eric Jacobson of the Georgia Council on Developmental Disabilities also addressed the Committee and elaborated on the ways in which money would be matched with help from nonprofit organizations and Federal grants.  He explained that IDAs are not a new concept in the country, just new to Georgia.  The Committee unanimously voted to pass the Bill on to the House.  Chairman Ann Purcell (R-Rincon) reminded all Committee members about the upcoming Dialogue in the Dark event coming up before adjourning.

Senate Special Judiciary Committee

Chaired by Sen. Curt Thompson, the Senate Special Judiciary Committee convened after lunch to discuss three Bills.  The first was SB 107 and was presented by the author, Sen. Jesse Stone (R-Waynesboro).  The Bill simply seeks to help superior court judges by increasing the penalties that they can impose for contempt of court.  Sen. Stone emphasized the fact that the law had not been updated in a long time and needed to be corrected for inflation.  The Bill would increase the maximum fine from $500 to $1000 and the maximum length of imprisonment from 20 to 30 days.  The Committee did not ask any questions and then voted unanimously to pass the Bill.

The next Bill on the agenda was SB 118.  This Bill was presented by Sen. Lester Jackson (D-Savannah) and would redefine the reasons by which an individual can have his or her criminal records expunged.  Sen. Jackson presented the Bill as a necessary step to help those individuals who have been found not guilty by a court of law.  He argued that the record of an arrest, even if the individual was found not guilty, could affect employment opportunities in the future.  Sen. Jackson announced to the Committee that he was already preparing a substitute which would remove Sections C, D, and E.  These sections have to do with individuals who have been placed on dead docket or nolle prossed, found guilty of the charges by a judge or jury, or have successfully completed a pretrial diversion program, the terms of which did not specifically provide for the expungement of the arrest record.  Sen. Donzella James (D-College Park) was the first Committee member to comment on the Bill because she claimed to have been working on a similar Bill without knowledge of SB 118.  She was visibly annoyed about the Bill's presentation and did not like the removal of Sections C, D, or E.  Sen. Ronald Ramsey (D-Decatur) was also very curious as to why "the backbone of the Bill" was being removed.  Sen. Charlie Bethel (R-Dalton) asked several questions about how the removal of an arrest record could allow an individual to lie to his or her potential employer.  He was very concerned that the Bill would allow immoral behavior.  Sen. Thompson explained that expungement, by current law, releases an individual from ever having to speak about the arrest or violation again.  Sen. Judson Hill (R-Marietta) then asked about the extent of expungement.  Is it simply removing a criminal record from an employment background check or is it removed from the system entirely?  The consensus was that it would be removed from the GCI.  Sen. Thompson suggested that language about pardons also be included in the substitute.  After Sen. Jackson was excused, Sandy Michaels from the GACDL addressed the Committee.  She pointed out that there was a Bill in the House, HB 402 authored by Rep. Mark Hatfield (R-Waycross), which was very similar to SB 118.  She spoke adamantly against the removal of Sections C, D, and E.  Shelley Senterfitt representing the Georgia Coalition Against Domestic Violence also spoke about the Bill.  She suggested that there needed to be a specific provision about domestic violence especially when it came to pre-trial diversion programs.  The Bill was not voted on and Sen. Thompson suggested that all stakeholders get together to go over a substitute.

The last item on the agenda was SB 115 introduced by Sen. Hardie Davis (D-Gracewood).  This Bill would exclude foster care payments from the calculation of gross income for determination of child support obligations.  Sen. Davis said that he had spent a lot of time with legislative counsel and that the new language had been approved.  Surprisingly, the Committee members asked very few questions and the Bill was voted on and passed.

Senate Public Safety Committee

The Senate Public Safety Committee met to discuss SB 45 which was authored by Sen. Robert Brown (D-Macon).  The Bill would impose penalties on businesses where alcoholic beverages are consumed and where there are repeated incidents of violent conduct.  Several members of the law enforcement community from Columbus, Georgia addressed the Committee in support of the Bill as a necessary measure.  Sen. Bill Ligon (R-Brunswick) asked the presenters why the matter could not be handled on a local level.  He voiced support for the idea that a local ordinance could be used to take liquor licenses away from those businesses.  Sen. John Albers (R-Roswell) agreed with Sen. Ligon and suggested that local officers could be used in the parking lots of these businesses where violent conduct has been taking place.  Sen. Valencia Seay (D-Riverdale) then suggested that the hours of operation for these businesses be reduced.  Chairman Johnny Grant (R-Milledgeville) eventually decided that the SB 45 would not be voted on until a substitute could be produced that would explain why it could not be handled on a local level.  He suggested that it was not worthy of a statewide law.    

Senate Health and Human Services Committee

Sen. Mitch Seabaugh presented SB 100 to the Senate Health and Human Services Committee on Tuesday afternoon.  He described the Bill as the Georgia Registered Professional Nurse Practice Act and said that it attempts to correct an unintended mistake to a piece of legislation from two years ago. The Bill allows "a nonprofit postsecondary institution of higher education that is a four-year institution whose credits or degrees are accepted for credit by at least three other postsecondary institutions of higher education that are accredited by a regional accrediting agency recognized by the United States Department of Education" to be an approved nursing education program.  A representative from Pensacola Christian College spoke to the Committee in support of the Bill.  Sen. Buddy Carter (R-Pooler) questioned the individual about why the school was not accredited.  He responded by saying that the accreditation process could interfere with their Christian faith-based curriculum.  The Committee voted on the Bill and passed it unanimously.

Senate Education and Youth Committee- Academic Achievement Subcommittee

The Subcommittee on Academic Achievement met today to discuss SB 49.  This Bill would raise the compulsory drop-out age from 16 to 16.5 years old.  Ideally, requiring that a child stay in school until the age of 16.5 would mean that they would have made it through the 10th grade.  This in turn would hopefully encourage the child to stay through graduation.  Mr. Marcus Downs of the Georgia Association of Educators spoke in favor of the Bill.  He stated that SB 49 would likely cost the state approximately $8 million. However, it was noted that $8 million is significantly lower than the $23 million it would cost to make attendance compulsory through age 18.  SB 49 passed the Subcommittee unanimously.

House Judiciary – Non-Civil – Setzler Subcommittee

In a lengthy meeting, Rep. Ed Setzler (R-Acworth) hosted a subcommittee meeting to hear two Bills.  The first, relating to runaway youth, by Rep. Tom Weldon (R-Ringgold), was held in Subcommittee after hearing more on a new Substitute proposal.  The second Bill, HB 184 which proposes to create a prescription monitoring system for controlled substances (much like SB 36), was also held after hearing expert testimony from a national expert on prescription monitoring initiatives.  HB 184, also by Rep. Weldon, is to be substantially revised so that the oversight of this prescription monitoring of controlled substances, Scheduled drugs II, III, IV and IV, would be overseen by the Georgia Drugs and Narcotics Agency rather than the State Board of Pharmacy (as proposed in SB 36).