Lawmakers returned today for Legislative Day 25.  Budget issues continued to percolate over the long weekend.  The news continues to be rather grim.  Below are a few highlights of the day's activities.

Floor News

Senate

The Senate had the following Bills on its Floor today:

• SB 345, by Sen. Jim Butterworth (R-Cornelia), would amend O.C.G.A. § 40-6-186 to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic during that race. This Bill cleared with a Floor Amendment by a vote of 41 to nine.
• SB 387, by Sen. Dan Weber (R-Dunwoody), came to the Floor by a Committee Substitute. It would add a new Code Section at O.C.G.A. § 20-3-242 which would do two things: 1) it would require the Georgia Student Finance Committee, beginning in school year 2010-2011, to provide grades six through 12 students with internet-based counseling, career inventories, and other information helping to evaluate their interests and skills; and 2) it would also require the Georgia Student Finance Commission to provide students in grades eight through 12 with an internet-based "resource to develop a graduation plan" so that they may better "transition to post-secondary education and the work force."  The Senate voted out a Committee Substitute version of this Bill by a vote of 50 to zero.
• SB 392, by Sen. Jack Murphy (R-Cumming), creates a new Code Section at O.C.G.A. § 20-1-10 prohibiting any educational institutions receiving State funds from entering into an agreement with a motor carrier or contract carrier for the purpose of transporting students "without first verifying that such carrier is certified by the Public Service Commission as required by Article 1 of Chapter 7 of Title 46, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency."  In O.C.G.A. § 46-7-3, it requires the carrier, before entering into any contract for carrying passengers, to have "proof of legally required minimum insurance coverage and a valid certification number demonstrating that the carrier is currently certified by the commission, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency."  This proposal cleared with a vote of 50 to zero.
• SB 397, by Sen. Jeff Mullis (R-Chickamauga), would require the Georgia Bureau of Investigation to create a statewide "Blue Alert" system in an effort to speed the apprehension of violent criminals who kill or seriously injure law enforcement officers and to aid in the location of missing law enforcement officers, as long as certain criteria are met prior to the issuance of this "alert." This Bill passed by Committee Substitute by a vote of 48 to zero.

 

HB 906 has now cleared both the House and Senate and Governor Perdue signed the Bill on March 16, 2010 so that it is now law.  This Bill, by Rep. Jay Neal (R-LaFayette), addresses annual contracts for certificated personnel in elementary and secondary education, extending on a temporary basis, deadlines by which local school boards would have to enter into those contracts.  This extension to May 15 would apply for school years 2010-2011; 2011-2012; and 2012-2013.

House

On the House side of the Chamber, the proposals on the Floor included:

• HB 1128, by Rep. Earl Ehrhart (R-Powder Springs), amends current law relating to non-lapsing revenue of institutions in the University System of Georgia and institutions under the Technical College System of Georgia.  For the University System, it would repeal the provision permitting up to three percent of the funds to be lapsed until June 30, 2013.  For the Technical College System, it would permit them a cap of not more than 15 percent of the tuition collected that may be lapsed; this would also be repealed as of June 30, 2013.  This Bill passed by a vote of 164 to zero.
• HB 954, by Rep. Jay Powell (R-Camilla), amends current law in O.C.G.A. § 19-6-5 requiring that "finder of fact shall not consider certain events when determining the amount of alimony."  This would prohibit the judge from looking at marriages, cohabitations, or relations prior to the marriage from being considered.  This Bill failed with a vote of 57 to 102.
• HB 979, by Rep. Roger Lane (R-Darien), would impose new penalties in O.C.G.A. § 16-5-21 for an individual committing aggravated assault on a law enforcement explorer (defined as "any person who is a current member of a law enforcement agency's explorer program and who is performing functions other than those required to be performed by a certified peace officer on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents").  This measure passed with a vote of 156 to two.
• HB 571, by Speaker Ralston (R-Blue Ridge), amends current provisions regarding sexual offenders, sexual offender registration, and restrictions on sexual offenders' residences, workplaces, and activities.  Among the Bill's provisions is that it would require an application for appeal when there is an appeal from a decision of the superior court reviewing a decision of the Sexual Offender Registration Review Board or an appeal from a decision of the superior court granting or denying a petition for release pursuant to O.C.G.A. § 42-1-16.  This Bill came to the Floor by Committee Substitute and passed after three clarifying questions were raised by a vote of 165 to one.
• HB 788, by Rep. Tom Knox (R-Cumming), would prohibit the use of a gas chamber to euthanize dogs and cats.  A number of individuals took issue with Rep. Knox's Bill, including an impassioned speech by Rep. Gene Maddox (R-Cairo), a retired veterinarian. The Bill cleared by Committee Substitute with a vote of 115 to 46.
• HB 982, by Rep. Larry O'Neal (R-Bonaire), amends Titles 48 and 50 in an effort to comprehensively amend the administrative garnishment procedures.  It further grants additional powers to the Department of Revenue and when it may institute such administrative garnishment actions.  This Bill cleared with a vote of 95 to 68.
• HB 1188, also by Rep. O'Neal (R-Bonaire), would permit special agents to be used by the Department of Revenue for enforcement of Title 48 provisions in O.C.G.A. § 48-2-85.  This Bill passed with a vote of 97 to 69.

 

New Legislation

SB 492 – Sen. John Bulloch (R-Ochlocknee) offered this Bill I Title 12 specifying the level of professional registration which would be required for reviews and certain kinds of applications relating to permits that are issued by the Environmental Protection Division.  It also would provide that no water withdrawal, water diversion, or water impoundment permits or other permits issued by the Director and would be deemed invalid on the grounds that any employee reviewing the application was or was not registered or licensed by a professional licensing board.

SB 499 – Sen. Mitch Seabaugh (R-Sharpsburg) authored this Bill creating a new Article 10 in Chapter 6 of Title 44, providing for a tenancy in the entirety relating to estate law.

SR 1225 – Sen. Judson Hill (R-Marietta) proposed a Constitutional Amendment to authorize the General Assembly to provide for the allocation of a percent of premium taxes collected to offset losses of the Georgia High Risk Individual Reinsurance Pool in Article III, Section IX, Paragraph VI at subparagraph (o).

SR 1231 – Sen. Ronnie Chance (R-Tyrone) offered this Constitutional Amendment authorizing obligations of the State for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements in Article VII, Section IV, Paragraph I at subparagraph (g).

SR 1248 – Sen. Lester Jackson (D-Savannah) introduced this Resolution proposing the creation of a Senate Study Committee on Pari-mutuel Betting.  The Senate would have five Senators look at this idea, proposing any recommendations on or before December 15, 2010.

SR 1285 – Sen. Bill Cowsert (R-Athens) offered this Constitutional Amendment to Article III, Section VI, Paragraph V revising subparagraph (c) to authorize the General Assembly to provide for contracts that limit competitive activities between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, franchisors and franchisees, sellers and purchasers of a business or commercial enterprise, or two or more employers.

HB 1392 – Rep. Bobby Franklin (R-Marietta) introduced this Bill to repeal Ga. L. 2009, p. 39, the "Georgia Nuclear Energy Financing Act."  It would eliminate Georgia Power from recovering from its customers the costs of financing associated with the construction of a nuclear generating plant.

HB 1393 – Rep. Roberta Abdul-Salaam (D-Riverdale) authored this amendment to O.C.G.A. § 48-8-6 providing for an exemption to the total local sales and use tax cap pertaining to the authority of local governments in levying sales and use taxes and other similar taxes.

HB 1394 – Rep. Ralph Long (D-Atlanta) proposed this Bill creating a new Code Section at O.C.G.A. § 12-8-42 requiring certain persons (those transporting five or more tires) who transport scrap tires to utilize a scrap tire transport destination designation form to be provided by the Environmental Protection Division of the Department of Natural Resources.  Those individuals transporting these tires without a valid permit or completed form will be guilty of a misdemeanor and can be punished by a fine of not more than $1,000 or 12 months confinement or both.

HB 1395 – Rep. Rusty Kidd (I-Milledgeville) authored this Bill creating a new Code Section at O.C.G.A. § 8-2-4 providing that new slab-on-grade residential structures must have certain features to provide for accessibility for those with disabilities.  The "slab-on-grade residential structure" means a new single-family detached or attached house used as a dwelling place constructed such that the main level is built as a slab-on-grade structure as defined by the IBC building code.  It would not include a structure that is being renovated or repaired.  It would require certain entry/exit door widths to the structure as well as interior door widths; wider hallways of at least 36 inches; at least a half-bath on the ground floor with certain maneuverable area in front of the commode and sink; electrical panel, electrical breaker box, light switch, and thermostat on the ground floor to be no higher than 48 inches about the floor; certain heights for electrical plugs/receptacles; inclusion of the main electrical panel on the inside of the building on the ground floor; kitchens designed with a clear 36 inch passageway.

HB 1397 – Rep. DuBose Porter (D-Dublin) authored the "Salary Protection Act" in Part 6, Article 6 of Chapter 2 of Title 20 so that no State funds appropriated and allotted for salaries for school system personnel can be transferred by any local board of education to any other purpose. If a budget shortfall occurs, then the salaries for the school system personnel will not be subject to pro-ration and school system personnel will not be subjected to furloughs.

HB 1398 – Rep. Burke Day (R-Tybee Island) authored this measure amending O.C.G.A. § 40-8-76.1(g) altering provisions relating to safety belts in passenger vehicles.  Specifically, an occupant of a passenger vehicle will not be considered to be in compliance with the provisions of O.C.G.A. § 40-8-76.1 unless a seat safety belt required to be used for restraint is being used in accordance with manufacturer's directions.

HB 1399 – Rep. Carl Rogers (R-Gainesville) proposed this amendment to O.C.G.A. § 33-7-11.1(b.1) providing for payment (of reasonable repair benefits) to certain third parties that provide certain services relating to the repair of a motor vehicle for which an insurance claim has been made.

HR 1678 – Rep. Doug McKillip (D-Athens) offered this Resolution honoring and celebrating long-time pediatrician Dr. Leila Denmark on her 112^th birthday.  Dr. Denmark retired from practice at the age of 103 and is the 24^th oldest person in the world.

HR 1681 – Rep. Carl Rogers (R-Gainesville) authored this Constitutional Amendment to Article III, Section IX, Paragraph VI at subparagraph (b) to provide that funds derived from the sales and use taxes and motor fuel taxes with respect to jet fuel and aviation gasoline shall be allocated for activities incident to providing and maintaining an adequate system of public-use airports in Georgia.

HR 1683 – Rep. Austin Scott (R-Tifton) proposed this Constitutional Amendment to provide for the creation of regional grand juries and to authorize the General Assembly to specify procedures for regional grand juries.  It would further provide for the jurisdiction, powers, and duties of regional grand juries and authorize the General Assembly to provide by law for procedures for selecting and summoning the members of the regional grand juries.  This amendment would be included in a new Section XI.

HR 1713 – Rep. Judy Manning (R-Marietta) offered this Resolution requesting that the Departments of Behavioral Health and Developmental Disabilities, Community Health, and Human Services submit to the General Assembly a multi-year comprehensive plan for creating a system of supports for home- and community-based services that support independent living of Georgians with disabilities.

HR 1714 – Rep. Bobby Franklin (R-Marietta) offered this Resolution bringing charges of impeachment against Shawn LaGrua, the legal services officer for the State of Georgia who presently holds the title of Inspector General for the Office of the Secretary of State.  The allegations in the Resolution posing grounds for impeachment relate to Ms. LaGrua's actions taken against Guy Antinozzi, a DeKalb County Solicitor's Office Investigator, without the authorization to do so from the District Attorney or the Chief Assistant District Attorney at the time.

HR 1715 – Rep. Randal Mangham (D-Decatur) offered this Resolution to create the House Motor Fuel Tax Study Committee to look at methodology and imposing of such taxation.  Five Members of the House of Representatives would be appointed by its Speaker to undertake this Study which would be proposed to be concluded on or before December 1, 2010.

HR 1716 – Rep. Randal Mangham (D-Decatur) also proposed this Resolution which urges the Governor and Commissioner of the Department of Transportation to acquire federal transit funding. 

Committee News

House Appropriations Committee

On Monday, the House Appropriations Committee convened and took up a three proposals:

• HB 1170, by Rep. Jim Cole (R-Forsyth) and a Floor Leader for Governor Perdue, was presented to the Committee as it had dissolved itself into a Subcommittee.  Rep. Cole explained that the Bill would remove the current exemption permitted by the State's care management organizations from paying premium taxes.  Other insurers pay a 2.25% premium tax; however, CMOs did not pay this tax because of paying quality assessment fees to the State.  The quality assessment fees were eliminated per federal law on October 1, 2009.  This change would generate $68 million for the State's budget.  Rep. Cole explained that Governor Perdue had calculated this money into his Budget which would fund needed services for those with developmental disabilities waivers and help the State's mental health hospitals.  This Bill was passed by the Subcommittee and then the full Appropriations Committee.
• HR 1360, by Rep. Ben Harbin (R-Evans), passed with an amendment made by Rep. Carl Rogers (R-Gainesville).  The Resolution would urge the Georgia Lottery Corporation and its Board to "review and reconsider policies and procedures related to compensation of personnel to include production incentive payments and other bonus payments."  Rep. Harbin introduced this Resolution in the wake of the bonuses and raises given to Lottery employees.  Rep. Rogers made it clear that the Lottery should look at personnel contracts related to compensation as well as other policies and procedures.
• HR 1361, also by Rep. Harbin, mirrors HR 1360 except that it would be a joint Resolution urging the Lottery to take such action.  Rep. Rogers' amendment was also made to this Resolution which was adopted.  The Resolution then passed as amended.

 

Senate Education and Youth

This Committee met with Chairman Dan Weber leading the efforts of the Committee.  SB 420, by Sen. Ron Ramsey (D-Decatur) was passed by a Committee Substitute.  It would require schools, when determining perfect attendance awards, to permit absences due to illness or injury caused by conditions which were created by a statewide state of emergency or epidemic as declared by the Governor.  Sen. Bill Jackson (R-Appling) proposed that this perfect attendance should be a goal that students aspire to achieve.  An amendment was included so as to require the illness to be "verified by a physician."

SR 1199, by Sen. Lee Hawkins (R-Gainesville), also was presented in a Substitute form.  It directs the Professional Standards Commission to permit 50 hours of continuing education rather than 100 hours of continuing education for teaches for the next five years.  It also proposes a "task force" to look at the issue of "national board certification" and whether it is actually effective.  This Resolution passed.

SB 320, by Sen. Judson Hill (R-Marietta), was held by the Committee due to legal questions raised by Legislative Counsel.  It proposes to address disruptive students in the classroom.  The State School Superintendents Association took issue with the Bill noting that it proposed unfunded mandates on schools; school boards should also not be placed in the position where they are to evaluate other employees, which is a proposal in the Bill; and local systems have grievance policies in place.  The State School Boards Association also opposed the Bill.  Georgia Association of Educators had no prepared testimony for the hearing but stated that its members generally supported the Bill but would prefer that it be known as the "Educators' Bill of Rights" rather than the "Teachers' Bill of Rights."

SB 457, by Sen. Weber (R-Dunwoody), passed with some opposition.  It proposes a procedure for conversion high school charter clusters.  Presently, individual schools can become a conversion charter; this would allow the high schools and their feeder schools to become a conversion charter.  It would require a referendum to permit voter approval.  Sally Fitzgerald, with the Georgia PTA, raised some concerns relating to the ability of Georgia's election laws and education laws to work together.  In the proposal, there is reference to "attendance zone" and no such term exists in election law.

Senate Health and Human Services Committee

Sen. Renee Unterman (R-Buford) chaired the Committee meeting in the absence of Sen. Don Thomas (R-Dalton) who was presenting his seatbelt proposal in the Senate Veterans, Military and Homeland Security Committee. 

A short presentation was made by Mike McConnell, a parent and volunteer with the March of Dimes, on Georgia's law relating to newborn screening and newborn hearing screening.  Explaining the Department of Community Health's oversight of the programs and the fact that the newborn hearing screening was not a mandate, Mr. McConnell asked that the Committee look at the voluntary program in O.C.G.A. § 31-1-3.2.  He also asked that the Advisory Committee be reconvened to conduct another assessment and follow up with the gaps in these screenings.

SR 1222, Sen. Thomas' proposal urging the Georgia Composite Medical Board to promulgate regulations to establish medically accepted standards of patient care in office-based surgery and anesthesia, passed by Committee Substitute with an amendment.  Sen. Preston Smith (R-Rome) raised questions about codifying such standards as these would become the basis of a professional negligence lawsuit.  Sen. Smith also inquired into who promotes the fact that office-based surgery is not as safe and why the Composite Board has not already addressed such rules.  There were also inquiries relating to whether there were substandard facilities in Georgia.  Sen. John Wiles (R-Marietta) asked if rural areas might be negatively impacted by such standards.  An anesthesiologist from St. Joseph's Hospital (Atlanta) testified that 30 states have regulations for these facilities, some of which are very restrictive and others are base-line standards.  Sen. Goggans added the amendment, addressing other healthcare providers as licensed by the Composite State Medical Board.

SR 1162, also by Sen. Thomas, proposing creation of the Senate Including Traumatic Brain Injury Facilities in the State Health Plan Study Committee, passed without any discussion.

SB 498, presented by Sen. Ed Harbison (D-Columbus), also passed.  This Bill adds "K2" to the Schedule I listing of drugs in Georgia's Dangerous Drug List in Title 16.

Senate Insurance and Labor Committee

This Committee took up the following:

• SB 481, by Sen. Ralph Hudgens (R-Hull), which was brought on behalf of the Department of Insurance.  It proposes to standardize the coverage gap times in Title 33.  Presently, if someone divorces or has a death of a spouse, they are provided 31 days to address coverage issues; a child moving from his or her parents is provided 45 days.  This Bill proposes that 90 days would be used across the board for any election of coverage and individuals would pay the premium for that period of time.  No discussion was held on this proposal and it passed out of the Committee.
• SB 482, also by Sen. Ralph Hudgens (R-Hull), was held due to concerns raised by Marty Wilson, a lawyer and longtime lobbyist on insurance matters.  Sen. Hudgens attempted to clarify Georgia's law on life settlements (SB 61 from 2009) and "stranger originated life insurance."

 

House Judiciary Committee

The Setzler Subcommittee of the House Judiciary Committee met to consider Governor Perdue's bill HB 1040.  This Bill would create the "Georgia Registered Professional Nurse Practice Act," allowing that the performance of health maintenance activities by a designated caregiver under certain conditions would not require licensure as a registered professional nurse.  Rep. Jimmy Pruett (R-Eastman) and a Floor Leader for the Governor brought forth a Substitute for the Subcommittee to consider.  Rep. Stacey Abrams (D-Atlanta) asked for an amendment to be sure the Department of Community Health promulgated training standards for all trainers of proxy caregivers, not just for home- and community-based providers.  A long discussion ensued about the relief of liability provisions for all acts and results other than training acts than are proximate cause of any injury.  Many members of the Subcommittee expressed that the provisions were too broad as written. Some also noted that they believe the physicians and nurses are writing care plans, not just ordering training, and should not be exonerated for the plan itself.  Others believe the proxy caregiver should have liability protection.  Chairman Ed Setzler asked for all concerns to be articulated so no vote was taken.  He also recited issues about which types of entities are to be carved out, other than hospitals, nursing homes and Medicare agencies.  A Subcommittee of this Subcommittee was then named to work out the details.

The committee then turned to HB 511, the "expungement" Bill.

House Ways and Means Committee

SR 277, the Resolution by Sen. Greg Goggans (R-Douglas), cleared by Committee Substitute, the House Ways and Means Committee.  It proposes an amendment to the Constitution to impose a $10 trauma charge on certain passenger motor vehicle registrations in Georgia for the purpose of funding trauma care.  The Georgia Hospital Association and others have supported this measure.

House Committee on Children and Youth

In a late afternoon meeting, Chairwoman Judy Manning (R-Marietta) had her Committee get down to business taking up a couple of Bills before getting an update on JUSTGeorgia's efforts on updating Georgia's Juvenile Code.

HB 1194, by Rep. Carl Rogers (R-Gainesville), cleared the Committee after getting some questions.  Originally, this Bill was before the House Committee on Intergovernmental Coordination but was transferred to the Children and Youth Committee.  It proposes that the Department of Human Services and its Division of Family and Children's Services shall permit county "DFACS" directors the authority to "identify the administrative needs of his or her office, and, if necessary and appropriate, he or she may outsource such administrative needs to qualified volunteers."  These volunteers would undergo criminal background checks just like employees; the volunteers would bear the expense of such checks.  Confidentiality processes and procedures would apply to the volunteers like they do to DFACS' employees.  Rep. Rogers indicated that the judges in those counties can ask volunteers to ask for help for case workers; those caseworkers would be limited to things that they can do – they would not be able to perform duties of a social worker but could help, for instance, with clerical needs.

HB 1300, by Rep. Lynn Smith (R-Newnan), brought this initiative which was held by the Committee so that further work could be done.  It creates the Georgia Lead Poisoning Prevention Act.  The measure was brought by Georgia's Environmental Protection Division and proposes conformation of Georgia law to the federal EPA laws and regulations.  If Georgia does not pass this Bill per Rep. Smith, it runs the risk of having the EPA take over Georgia's control efforts and lose a great deal of federal funding.  Presently, Georgia does address "abatement activities" and this Bill would require it to also address "renovation activities."  Large penalties are proposed for violations; even larger penalties would be required if EPA takes over these efforts. The Georgia Realtors Association requested some changes which will be drawn prior to the next hearing on this Bill.  No one from the child advocate community weighed in on the proposal.