Tuesday was an exciting day under the Gold Dome!  It was Agriculture Day and many different organizations and companies representing Georgia's thriving agricultural communities gathered at the Depot for fun and fellowship. There were tractors, plows, and even Holstein cattle out for the occasion!  The Albany State University Chorus sang for lawmakers on the north steps at noon.  It was also "Ride to the Capitol Day" and over a thousand cyclists descended on the Capitol to promote knowledge of healthy living and alternative means of transportation.  And to add to the excitement, lawmakers set a date for Sine Die!  The adjournment schedule for the rest of the legislative session is as follows:

Monday, March 28………………………………………………in session for legislative day 34

Tuesday, March 29……………………………………….……in session for legislative day 35

Wednesday, March 30…………………………………………..in session for legislative day 36

Thursday, March 31……………………………………………..in session for legislative day 37

Friday, April 1……………………………………………………in session for legislative day 38

Saturday, April 2 through Monday, April 11……………….in adjournment

Tuesday, April 12………………………………………………..in session for legislative day 39

Wednesday, April 13…………………………………………….in adjournment

Thursday, April 14……………………………………………….in session for legislative day 40

The more significant "news" related to the swirling rumors that the Special Joint Committee on Georgia Revenue Structure would meet on Monday, March 28, 2011, in an effort to pose a substitute piece of legislation to the Special Council on Tax Reform's recommendations.  The Special Council's recommendations were included in four bills, previously introduced by Rep. Mickey Channell (R-Greensboro).  Those four bills included HB 385, HB 386, HB 387, and HB 388.  It remains unclear what the substitute may contain but a number of current sales and use tax exemptions are at risk of being eliminated or being sunset for a date certain.  

Floor News

Senate

The Senate session lasted just over an hour on Tuesday afternoon.  The first order of business was to deal with the motion to reconsider HB 80 presented by Sen. Steve Gooch (R-Dahlonega).  The motion to reconsider was voted on and passed sending HB 80 back to the Senate Rules Committee.  Students from Georgia State University were commended for their success in Model UN and Arab League competitions.  Only two pieces of legislation were scrutinized by the Senators on Legislative Day 32.

• SR 228 was presented by Sen. Jeff Mullis (R-Chickamauga) to urge the performance of a feasibility study of the withdrawal, storage, and distribution of waters from a certain portion of the Tennessee River basin.  He proposed amendment #1 which simply made a correction to a statistic in the Resolution.  SR 228 passed unanimously with a vote of 51 to zero.

• SR 233 was introduced by Sen. Bill Ligon (R-Brunswick) to encourage the Department of Transportation to install sound barriers on I-95 near Blythe Island.  The Resolution was voted on and passed 51 to one.

House

Rep. Ralph Long (D-Atlanta) introduced the Chaplain for the Day, Rev. Robert Wright of St. Paul's Episcopal Church in Atlanta, the oldest Black Episcopal Church in Georgia.  Rep. Ben Watson (R-Savannah) introduced the Doctor of the Day, Dr. Dan DeLoach who currently serves as the President of the Medical Association of Georgia.  Speaker David Ralston (R-Blue Ridge) was pleased to announce the Fannin County 4-H Club was in the gallery from his district. 

There was a somber moment in the House as Rep. Rich Golick (R-Smyrna) received the Consul General of Japan for the Southeast. As a symbol of "solidarity between Georgia and the Japanese people" in the wake of the earthquake, tsunami, and nuclear disasters, Speaker Ralston presented the delegation with a group of Cherry Blossoms. Consul General Takuji Hanatani was "honored to have the privilege of accepting the resolution, and happy for the sympathy and encouragement." The Consul General also said the gesture "demonstrates the devoted friendship between Japan, Georgia, and the United States."

The only Bill to be discussed in the House was SB 195.  Sen. Chad Nimmer (R-Blackshear) brought forth this Bill which seeks to make the Brantley Co. Board of Education elections non-partisan. This action had unanimous support from the Board and was specifically requested. SB 195 passed with a vote of 148 to nine.

New Legislation

HB 578 – Rep. Pedro Marin (D-Duluth) introduced this Bill concerning the imposition, rate and computation of Georgia's income tax to provide for an income tax credit with respect to "qualified citizenship" expenses for low–income families.  This proposal would be added in a new Code Section at O.C.G.A. § 48-7-29.18.  In this proposal, it defines "qualified citizenship expenses" as "amounts expended by the taxpayer on behalf of a qualified individual for any or all of the following: A) any filing, application, and biometric fees paid to the United States Citizenship and Immigration Services in connection with an N-400 naturalization application for a qualified individual; B) any amounts paid for enrollment of a qualified individual in an English language class which individual is over the age of 18 at the time of completion of such class; and C) any costs for citizenship classes."    The "qualified individual" would be the taxpayer, taxpayer's spouse, or a dependent of the taxpayer but only for a period commencing with the filing of an I-485 application to register permanent residence or at the time such individual enters the United States on an immigrant visa and ending on the date such individual becomes a naturalized citizen of the United States.  This credit would be an amount not to exceed the actual amount of the expenses or $300.00, whichever is less.  The taxpayer could not claim the credit unless their income for the year does not exceed $41,300.00 in the year in which the credit is claimed and allowed.  If passed, this would apply to all tax years beginning on or after January 1, 2012.

HB 548 – Rep. Chuck Martin (R-Alpharetta) authored this legislation amending O.C.G.A. § 34-9-1.  This Bill would make it so that individuals who are party to a franchise agreement would not be considered employees and thus are ineligible for worker's compensation.

HB 558 – Rep. Jason Spencer (R-Woodbine) and others brought forth this Bill which would authorize local governments to give preferential treatment to local businesses that are bidding for local public works projects. The Bill would allow local governments to do so by ordinances or resolutions.

HB 567 – Rep. Alisha Morgan (D-Austell) introduced this initiative which would make it so that public schools would give students the option of determining whether their personal information would be made available to military recruiters.

HR 619 – Rep. Rich Golick (R-Smyrna) posed this Resolution to express regret and offer condolences to Japan and the country's people due to the recent natural catastrophes and inviting the Consul General of Japan, Honorable Takuji Hanatani, to appear before the House of Representatives.

HR 640 – Rep. Roger Bruce (D-Atlanta) offered this Resolution to create a House Family Economic Security Study Committee to look at the hardships of the severe recession and the numbers of individuals living in extreme poverty.  It would look at ways for Georgia to develop a comprehensive plan to address the needs of average Georgians, looking particularly at those who are most vulnerable (children and the elderly).  This Committee would be composed of five members from the House who would be appointed by the Speaker.

HR 672 – Rep. Ann Purcell (R-Rincon) proposed this initiative to recognize May 2011 as Motorcycle Safety and Awareness Month.

SR 431 – Sen. Lester Jackson (D-Savannah) introduced this Resolution to request that the Federal Energy Regulatory Commission carefully consider the safety aspects of allowing the El Paso Corporation to transport liquefied natural gas through Georgia.

Committee News

House Regulated Industries Committee

The only Bill up for discussion in the House Regulated Industries Committee meeting was SB 10 authored by Sen. John Bulloch (R-Ochlocknee).  This Bill would give local city or county governments the authority to decide whether they would allow retailers to sell alcohol on Sundays.  Rep. Billy Mitchell (D-Stone Mountain) spoke in support of the Bill by saying that it seemed like the right thing to do to let communities make their own decision on whether or not they was in favor of alcohol sales on Sunday.  He also stated that he thought it was more of a public safety concern to allow people to drink at bars and sporting events on Sundays than being able to buy alcohol and simply consume it at home.  Surprisingly there was no discussion after Rep. Mitchell’s statements.  SB 10 was voted on and passed unanimously.

House Insurance Committee

Sen. Tim Golden (R-Valdosta) presented SB 17, the Mandate Review Commission proposal.  He explained that the General Assembly and all impacted needed an outlet in order to fully vet the issues involved.  This Mandate Review Commission is modeled after a similar commission used in Virginia.  Under the current proposal, this Mandate Review Commission would be composed of 16 members.  Sen. Golden noted that he has been open to address concerns by the lobbyists for the cancer groups and Georgia Dental Association and anyone who may have an interest.  This commission would undertake a cost benefit and effectiveness analysis of each insurance mandate.  Sen. Golden stressed that it was his intention to be fair and balanced and it would also include members from the both the insurance and health committees from both General Assembly chambers.  Rep. Carolyn Hugley (D-Columbus) made a number of inquiries - including whether any new bill on a mandate would have to come through the Commission's process and whether it would be a two-year process (such as retirement bills) and such would be required.  Rep. Hugley stated that the Minority Caucus wished to be included on this Commission.  Rep. Howard Maxwell (R-Dallas) asked why the health committee individuals would be included and the response was that these folks were also included in Virginia's commission.  Rep. Darlene Taylor stated that she liked the proposal but thought some of the mandates were good ideas.  There was concern that some of the mandates may not pass an "economic" test.  Sen. Golden noted that the specialist in chronic diseases was included at the request of the American Cancer Society.  This Commission would be a small cost to the State.  Rep. Keith Heard (D-Athens), however, was not in favor of a mandatory review.  Rep. Jason Shaw (R-Lakeland) moved that the Bill pass; his motion carried without any dissent.  Chairman Richard Smith (R-Columbus) will carry the Bill on the House Floor.

SB 58 known as the Spencer Pass Hero Memorial Act proposal, by Sen. Steve Gooch (R-Dahlonega), was merged with SB 155.  The new Bill would bring selected highway (Georgia Department of Transportation) employees' disability payments up to the same levels which firefighters and others receive.  It would also permit beneficiaries to include aging parents and siblings (in addition to spouses and children) for any death claims.  Rep. Matt Dollar (R-Marietta) was concerned about naming the Bill after a victim. After additional questions were raised about why dependents should be included, the Bill passed out of the Committee.

SB 203, the Bill by Sen. Charlie Bethel (R-Dalton), was held.  The underlying proposal would permit exemption from licensure of automated adjudication claims systems.

SB 251, the proposal by Sen. David Shafer (R-Duluth), proposed to change Georgia's licensing of insurance agents and brokers to biennial licensing.  This Bill is identical to the Bill by Rep. Jason Shaw (R-Lakeland).  The Department of Insurance is pushing for this change which would be cost efficient for all involved.  The Bill passed without any questions.

Sen. Shafer also presented SB 252 concerning the definition of a "reinsurer" and whether such would require regulation by the Department of Insurance.  Commissioner Ralph Hudgens supports the Bill.  Rep. Doug Holt (R-Social Circle) moved that the Bill pass and the motion carried.

House Judiciary (Non-Civil) Committee - Ramsey Subcommittee

The Ramsey Subcommittee of the House Judiciary Non Civil Committee met for a hearing on two Senate bills. Chairman Matt Ramsey (R-Peachtree City) announced that the meeting was for members to ask questions of the authors and that the Subcommittee would meet again, probably on Monday, March 28, to consider substitutes to the two measures. SB 19 is Senator Judson Hill's Bill creating a new felony crime of Medicaid identity fraud.  He is attempting to reduce the amount of billing fraud by bogus entities that steal Medicaid identifying information and then submit massive false claims to the Medicaid program.  He has previously identified this problem as a major activity of Russian crime syndicates.  The Committee asked several questions about why an additional medical identify fraud statute needed to be added to the exiting identity fraud statute.  Chairman Ramsey expressed some interest in the additional version of SB 19 before Senate Judiciary Committee changes. 

The Subcommittee also had an extensive discussion on the constitutionality of SB 162 which makes a DUI conviction of an illegal alien a felony.  The penalties in the Bill for DUI convictions are higher for undocumented foreigners than for citizens and legal foreign workers. The Committee discussed whether such a distinction could pass muster under the Supreme Court decisions that regulate differentiation between citizens and persons in the United States illegally.  Those decisions permit some distinctions to be made on the basis of alienage but not in all cases and several Committee members and one witness from the Latino Alliance argued that the proposed statute would not satisfy the Supreme Court decisions.  Senator Bill Ligon (R-Brunswick) and other members of the Committee were asked to submit what each believes is the relevant case law and the Subcommittee will discuss whether to bring forth a substitute which it believes is constitutional on Monday. 

House Higher Education Committee

Sen. Jim Butterworth (R-Cornelia) brought SB 161 before the committee for consideration, establishing the Office of College and Career Transitions. This office would be held by one person and would be a collaboration between the Department of Education, the University System of Georgia, and the Technical College System of Georgia.  This bill seeks to formalize the process for approval of these schools, as well as allow for flexibility within the communities creating these schools in regards to public private partnerships, grant funding, and other aspects of their creation. The Board of Education would still approve the chartering process, yet the supervision over curriculum and other administrative affairs would be in the hands of the Office of College and Career Transitions. There are currently 23 community-based programs that offer these type of dual enrollment courses for secondary school students, which Sen. Butterworth says are overseen by the Director of Partnerships through the TCSG.  Passing this legislation would not require any new appropriations, as it is already allowed for in the budget. The TCSG is in "full support" of SB 161.

Mr. Tom Wilson, Director of Governmental Affairs for the Department of Education spoke in opposition to the bill with Ms. Audrey Bergeron, Director of Career, Technical, and Agricultural Education. Mr. Wilson and Ms. Bergeron oppose the legislation because they believe it adds "another office of bureaucracy" to the State Government, and because these functions are already covered by Ms. Bergeron's office. The Department of Education believes these Career Academy Initiatives are a matter of secondary education's concern, and involving post-secondary education makes it more difficult for them to implement policies and administrate over "three different silos."

After detailed clarification and questioning of Sen. Butterworth, Mr. Wilson, and Ms. Bergeron, the committee did not take any action on SB 161.

Joint Education Committee

The Joint Committee convened to hear a presentation by A Vision for Public Education in Georgia, a project committee between the Georgia School Boards Association (GSBA) and the Georgia School Superintendents Association (GSSA) which has worked for the past two years seeking to help find a "new vision" for Georgia's Public Schools.  The Project worked to develop ways to accomplish Governor Deal's goal of preparing Georgia's high school students for life, for college, and to be work-ready. Numerous meetings, panels, interviews, studies, and research all showed that this new vision for Georgia will require "meaningful engagement between the community and local boards of education," to be effective.  Some of the goals set forth in the project are to create a more challenging curriculum, perform comprehensive and balanced assessments of our students and teachers, combine methods of classroom and virtual learning that goes "beyond the brick and mortar" by leveraging 21^st century technology and more formal methods of education. This will give families and communities a longer school day and school year, by utilizing educational technology and tools at home, and over breaks, weekends, and vacations.

Senate Health and Human Services Committee

The Senate Health and Human Services Committee convened on Tuesday morning to examine a number of Bills that had made it over from the House.  The first Bill on the agenda was HB 99 and was presented by Rep. Valerie Clark (R-Lawrenceville).  The Bill would require that applicants for licensure as a licensed practical nurses submit to fingerprint record checks.  Sen. Buddy Carter (R-Pooler) commented on the fact that he had a similar Bill that had already passed the Senate.  The Committee voted unanimously to pass HB 99.

The next Bill on the agenda was HB 147 presented by Rep. Ben Watson (R-Savannah).  The Bill would require a physician’s profile to include information about whether he or she has medical malpractice insurance.  Sen. Renee Unterman (R-Buford) asked a question about whether the doctor would be required to divulge which insurance company they were using.  The answer from Rep. Watson was no.  Sen. Carter then asked a question about whether you are currently required to have medical malpractice insurance if you accept Medicaid.  Sen. Greg Goggans (R-Douglas) answered yes.  Sen. Don Balfour (R-Snellville) stated that he felt all doctors in Georgia should be required to have medical malpractice insurance.  The Bill was voted on and passed unanimously.

HB 199 was presented by Rep. Jay Neal (R-LaFayette) and would move bath salts to the list of Schedule I controlled substances.  He explained that these drugs are being marketed as bath salts when in fact they were actually very dangerous concoctions that are not detectable by drug screenings.  Sen. Unterman asked about how the bath salts are used.  Sen. Carter commented on the fact that SB 93 already addressed this issue.  The Bill passed the Committee easily.

Rep. Edward Lindsey (R-Atlanta) then presented HB 200 which seeks to combat human trafficking for labor or sexual servitude.  The Bill would also provide greater protections to persons subject to such crimes in Georgia.  He stated that the Bill had passed the House with a vote of 161 to one and that the Attorney General’s Office had worked closely with him to get the Bill to where it is today.  Sen. Fran Millar (R-Atlanta) asked a question about what the net effect of HB 200 would be.  Rep. Lindsey responded by saying that it would increase awareness of human trafficking and would send a signal to violators.  Sen. Carter then asked a question about the difference between persons accused of pimping or pandering as opposed to human trafficking.  At least ten individuals from the public spoke in support of the Bill.  No amendments were added and the Bill passed unanimously.

HB 226 was presented by Rep. Donna Sheldon (R-Dacula) and would allow for the Georgia Council on Developmental Disabilities to create and regulate individual development accounts.  The Bill was spoken of in a very positive light by Sen. Nan Orrock (D-Atlanta) and it passed out of Committee without any dissenting votes.

Rep. Mike Cheokas (R-Americus) presented the final Bill to be discussed in the Committee today.  HB 275 would clarify which health care providers would be authorized to effectuate an order not to resuscitate at personal care assisted living facilities.  Physicians’ assistants would be included in this Bill.  Sen. Orrock asked a question about what the specific definition of a ‘caregiver’ was.  HB 275 passed the Committee unanimously.

Senate Education and Youth Committee - Academic Support Subcommittee

The only Bill to be examined in the Senate Academic Support Subcommittee was HB 227 authored by Rep. Josh Clark (R-Buford).  The Bill would authorize a student to carry and self-administer auto-injectable epinephrine.  It would also allow school personnel to administer auto-injectable epinephrine to students who are having an anaphylactic adverse reaction.  Sen. Jesse Stone (R-Waynesboro) asked a question about what would happen in the event that a school administrator accidentally misdiagnosed an allergic reaction.  Rep. Clark responded by saying that there are no serious side effects to the injection of epinephrine.  Sen. Fran Millar (R-Atlanta) was concerned about allowing the use of a controlled substance without a prescription.  Rep. Clark once again reiterated the fact that this was necessary to save lives.  The Bill passed unanimously.

Senate Education and Youth Committee - School Choice Subcommittee

Chaired by Sen. Lindsey Tippins (R-Marietta), the School Choice Subcommittee first heard from Rep. Rich Golick (R-Smyrna) about HB 181.  The Bill would waive the prior school year requirement that currently exists for special needs students applying for scholarship programs.  Sen. Chip Rogers (R-Woodstock) spoke in favor of the Bill and emphasized the fact that the Bill would benefit children with severe medical issues.  Sen. Tommie Williams (R-Lyons) asked a question about whether a child entering kindergarten is required to go through the one year waiting process.  The answer to his question was yes.  Sen. Donzella James (D-College Park) asked a question about how many special needs students are currently in the State.  The estimation was given at about 2500 students.  Two amendments were attached to HB 181.  One was from Sen. Mike Jacobs (R-Atlanta) and the other was from Sen. Millar.  Specifics about the amendments will be made available in the full Senate Education and Youth Committee meeting.  Several individuals from the public spoke in vehement support of the Bill.  However, a lone individual representing PAGE was against HB 181 claiming that it would cause a logistical nightmare.  In the end, the Subcommittee voted to pass the Bill with a vote of 4-1.  Sen. James was the only dissenting vote.

The final Bill discussed in the Subcommittee was HB 192 presented by Rep. Brooks Coleman (R-Duluth).  It would establish the State Education Finance Study Commission to evaluate the Quality Basic Education Formula and education funding for public schools.  After Rep. Coleman thoroughly explained the Bill, Sen. Millar mentioned that he hoped to add an amendment which would change the number of members on the Committee to 20 people and would add teachers to a list of potential candidates.  Sen. James asked the availability of a fiscal note.  Sen. Coleman said that it was not necessary because people on the Study Committee would be volunteers.  The Georgia Association of Educators and the Georgia School Board Association were both in support of the Bill.  HB 192 passed unanimously.

Senate Education and Youth Committee - Academic Achievement Subcommittee

The first item on the agenda for the Academic Achievement Subcommittee was HB 172 presented by Rep. Brooks Coleman (R-Duluth).  The Bill would extend the date by which school systems must notify the department of their intention to request flexibility or remain status quo in regards to various contracts.  It would also temporarily extend certain expenditure control waivers related to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction.  Most organizations spoke in favor of the Bill; however, a few suggested that 2015 was too far in the future.  There was some talk of changing dates to 2013 or 2014 for certain provisions.  Rep. Coleman was adamant about keeping dates the way they were.  Only Sen. Tippins and Sen. Millar remained at this point during the Subcommittee meeting so a vote on the Bill will occur at a later date.

HB 186 was the last Bill to be examined and was presented by Rep. Randy Nix (R-LaGrange).  The Bill would expand the career pathway options for high school students to ensure their career and college readiness.  Rep. Nix spoke at length about the importance for Georgia in making sure students are ready to enter the work force.  Sen. Millar commended Rep. Nix for this work but suggested that some changes would have to be made to the language before a vote would take place.  More information about HB 186 will be available after the full Senate Education and Youth Committee meets.