Today, Lawmakers returned to the Capitol after a day of Committee meetings yesterday to tackle Day 29 of the Legislative Session.

Over the course of the last few days, the nonprofit hospitals from around the State have worked on a compromise with the Governor, Lt. Governor and Speaker of the House to address the State's Budget issues relating to Medicaid funding.  A compromise was reached late Monday and the details of that compromise were unveiled on Tuesday.  Hospitals will be paying a provider tax of 1.45 percent in quarterly installments for three years (this fee will sunset on June 30, 2013) to the State beginning on July 1, 2010. 

These moneys will be paid into the State's Indigent Care Trust Fund so that they may be matched with federal funds.  In addition to the nonprofit hospitals (excluding "critical access hospitals;" psychiatric hospitals; other hospitals that are not authorized by law to accept Medicaid; and State-owned hospitals), the agreement will require free-standing ambulatory surgery centers to make this payment.  In return, the hospitals will not lose their sales tax exemption. Leadership has also stated that a determined effort will be made to avoid Medicaid rate cuts during that time frame.  However, in the House Appropriations Committee meeting on Tuesday, it was mentioned that the rate cuts of 10.25 percent were not necessarily not going to be implemented for the other provider groups – so that leaves those rate cuts still a possible danger of occurring in the FY 2011 Budget. More information relating to the discussions in the House Appropriations Committee is noted below.

In other news, former State Senator David Adelman (D-Decatur) will be sworn in as the United States Ambassador to Singapore on Sunday, March 28, 2010.  State Senator Lee Hawkins (R-Gainesville) resigned his Senate seat around 4:00 p.m. on Tuesday in order to focus on his campaign for Congressman Nathan Deal's seat for Georgia's Ninth Congressional District.  House member Representative Tom Graves (R-Ranger) also resigned his House District 12 seat so that he too can campaign for the Ninth Congressional District spot.  The Ninth District election will be held on May 11, 2010; it had originally been scheduled for April 27, 2010.

Floor News

Senate

The Senate had a Notice of Motion to Reconsider SR 108, the Resolution proposing a Constitutional Amendment with regards to the right of secret ballot which failed on Monday.  The Senate also established two new Conference Committees on transportation initiatives after no agreement was reached in 2009 on how to fund the State's transportation needs.  HR 206 and HB 277 will now be served by the following Conferees from the Senate: Tommie Williams (R-Lyons); Preston Smith (R-Rome); and Jeff Mullis (R-Chickamauga).

Other Bills and Resolutions on the Calendar were as follows:

SB 302	Wills, Trusts, & Admin. of Estates; provide when no distribution has been made from a trust within certain time, notify district attorney of circuit   (JUDY-14th).  This Bill passed with a vote of 49 to zero.
SB 375	Behavorial Health/Developmental Disabilities; revise provisions (Substitute) (JUDY-45th). After much questioning, SB 375, which cleans up language from 2009 creating this new Department, passed with a vote of 50 to zero.  A couple of issues addressed in the Bill include adding members to the Behavioral Health Coordinating Council (to include more Departments at the table for these discussions) and adding that psychiatric and mental health records be maintained electronically.  Sen. Mitch Seabaugh (R-Sharpsburg) asked that an amendment be adopted, which was agreed to by Sen. Renee Unterman (R-Buford).  His amendment struck Section 11 of the Bill dealing with placements of the children by the courts.  Sen. Unterman stated that she was unaware that any changes included in the Bill would negatively impact Foster Parents Bill of Rights.
SB 410	Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirements  (PUB SAF-17th).  This Bill cleared with a vote of 48 to two.
SB 414	"Jared Little Act"; Georgia State Indemnification Fund; payment shall be made to parents/siblings (Substitute) (APPROP-53rd).  Sen. Jeff Mullis' (R-Chickamauga) passed this initiative with a vote of 48 to zero.
SR 1231	Governmental Energy Efficiency; authorize obligations of the state; vendors guarantee realization of specified savings to improvements-CA  (FIN-16th).  This Resolution passed with a vote of 47 to three.
SB 415	Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission (RI&U-53rd).  This Bill cleared the Senate with a vote of 48 to zero.
SB 418	Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V (Substitute) (H&HS-1st).  Sen. Buddy Carter (R-Savannah) presented this initiative which passed with a vote of 38 to nine.
SB 421	Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed 15 percent of previous year's net revenue for any fiscal year (APPROP-4th).  Sen. Jack Hill (R-Reidsville), and chairman of the Senate Appropriations Committee, explained the rationale for increasing Georgia's reserves from ten percent to 15 percent.  The Bill easily passed with a vote of 49 to zero.
SB 423	"Smash and Grab Act"; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary (Substitute) (JUDY-52nd).  Sen. Preston Smith (R-Rome) presented this Bill and passed with a vote of 47 to zero.
SB 436	Retirement; repeal certain obsolete and inoperative provisions (Substitute) (RET-31st).  This Bill passed 47 to one.
SB 442	"Water System Interconnection Redundancy and Reliability Act; achieve district-wide interconnection within Metro. North Georgia Water Planning (Substitute) (NR&E-40th).  This initiative passed 51 to zero.
SB 385	Detention; counties demonstrate use of federal Dept. of Homeland Security's Secure Communities initiative; funding for housing state inmates (Substitute) (APPROP-37th).  This initiative cleared the Senate with a vote of 37 to 11.
SB 380	Ga Environmental Facilities Authority; water supply division; authority to make loans/grants to local governments; expansion of existing reservoirs (Substitute) (NR&E-51st).  This measure garnered a vote of 48 to two and now makes its way to the House.
SB 447	State; preference to in-state materialmen, contractors, builders, when preference does not impair quality and cost considerations (Substitute) (AG&CA-11th).  This Bill cleared with a vote of 52 to zero.
SB 454	Bingo; define certain terms; provide certain veterans' organizations may sell certain pull tab games of chance (VM&HS-17th).  This Bill got a vote of 47 to two.
SB 457	Education; provide local board of education may act on petition for a conversion charter school for a high school cluster; referendum  (ED&Y-40th).  This Bill received a vote of 38 to 11.
SB 458	Safety Belts; eliminate certain exceptions to the required use of safety belts  (PUB SAF-54th).  Sen. Don Thomas (R-Dalton) has pushed this Bill, amending the Georgia law so that folks in pickup trucks and SUVs will be required to wear seat belts in those vehicles. There are exemptions for pickup vehicle occupants when those vehicles are used for "off road purposes" or for agricultural pursuits, normal to a farm's operations.  The Bill cleared with a vote of 45 to two.
SB 407	Insurance; authorize insurers to offer individual medical/surgical health insurance that have been approved for issuance in selected states (Substitute) (I&L-32nd).  Sen. Judson Hill (R-Marietta) presented this "cross-state" selling of health insurance proposal. During his presentation, many women members of the Georgia House of Representatives came across the hall to hear the Bill.  Women members of the General Assembly, in particular, have been concerned about the impact of this Bill on Georgia's insurance mandates (such as the mammogram legislation, birth control, cancer screenings and others).  Sen. Steve Thompson (D-Marietta) called the Bill the "Insurance Industry Relief Bill."  Many lawmakers expressed concern about passage of this Bill, while the provisions of the newly passed federal healthcare reform bill are not fully known.   Sen. Hill stated that some of the federal proposal does not begin until 2014.  Sen. Renee Unterman (R-Buford) moved to "table" the Bill and her motion failed with a vote of 22 to 26.  More questions ensued, including whether there was some conflict with in the Bill with current law in O.C.G.A. § 33-24-63.  Sen. Unterman then asked to table the proposal again; this second attempt passed with a vote of 27 to 23.  Thus, the Bill was placed on the table.
SB 461	Wills, Trusts, Estate; provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills (JUDY-29th).  This measure passed with a vote of 48 to zero.
SB 470	Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program (Substitute) (S&T-18th).  Sen. Cecil Staton (R-Macon) presented this Bill which addresses programs which addresses downloading of music and video; it passed with a vote of 49 to zero.
SB 478	State Accounting Office; direct the officer to contract with a third party to audit state contracts for purpose of recovering certain funds (FIN-28th).  Sen. Mitch Seabaugh (R-Sharpsburg) presented this Bill which will have agencies' audited for inadvertent payments to these third-parties.  Sen. Steve Thompson (D-Marietta), who typically opposes Sen. Seabaugh's Bills, rose in support of the Bill.  It passed with a vote of 52 to zero.
SB 480	State Council of Economic Advisors; creation; provide composition, duties, and responsibilities (APPROP-4th).  Sen. Jack Hill (R-Reidsville) secured passage with a vote of 51 to zero for this proposal.  It permits a "council" of economic advisors to help the Governor prepare a revenue estimate.  Sen. Hill declared there would be more transparency with the groups involved.
SB 481	Insurance; accident and sickness policies; termination of coverage of surviving spouse/break in marital relationship; revise provisions  (I&L-47th).  Sen. Ralph Hudgens (R-Hull) presented this Bill which addresses the length of times for converting health insurance policies at the death of a spouse or a divorce.  Current law has varying time frames; this Bill moves that conversion for of these life events to 90 days.  The Bill passed with a vote of 51 to zero.
SB 486	Natural Resources; provide deference by administrative law judges on technical issues; reviewing permits (NR&E-20th).  Sen. Ross Tolleson (R-Perry) presented this Bill; amendments were offered with two of those being adopted.  Action was suspended on the Bill under Rule 7-1-.6B and places the Bill back in the Senate Rules Committee.
SB 488	Georgia Foreign Money Judgements Recognition Act; not recognize foreign judgments in defamation actions (JUDY-46th).  Sen. Bill Cowsert (R-Athens) presented this Bill which will address problems encountered by some of Georgia's larger corporations including CNN and Turner.  It passed with a vote of 51 to two.
SB 491	Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions (JUDY-46th).  Sen. Bill Cowsert (R-Athens) also presented this Long-Arm Statute "fix" for issues arising in contempt actions when a party moves out of Georgia.  This initiative cleared with a vote of 52 to zero.
SB 493	Vital Records; provide for execution of death certificates for burn victims (H&HS-22nd).  Sen. Hardie Davis (D-Augusta) presented his first Bill to the Senate.  Due to the seriousness of the subject matter of who may sign a death certificate, he was not given a true rite of passage of ribbing by fellow lawmakers.  Sen. Davis brought this Bill because of problems that the Still Burn Center had with getting death certificates signed following the Imperial Sugar tragedy.  The Bill cleared with a vote of 49 to one.
SB 498	Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" to Schedule I controlled substance list (H&HS-15th).  Sen. Ed Harbison (D-Columbus) explained this Bill which adds this synthetic marijuana to Georgia's dangerous drug list.  No questions were raised and the Bill passed with a vote of 49 to zero.
SB 320-	Education; enact a bill of rights for Georgia teachers (Substitute) (ED&Y-32nd).  This initiative was dropped to the foot of the calendar.
SB 308	Firearms; carrying and possession; change provisions; definitions (Substitute) (S JUDY-28th).  Numerous amendments were offered to Sen. Mitch Seabaugh's Bill, which he described as a housekeeping measure that addresses Georgia's Public Gatherings Law.  A Study Committee was formed to look at the law and offered various changes.  Some of the amendments were adopted.  The Bill passed with a vote of 41 to 12.
SB 291	Firearms; laws concerning carrying of concealed weapons; revise comprehensively (Substitute) (PUB SAF-48th).  Three amendments were presented on this initiative presented by Sen. David Shafer (R-Duluth).  His Bill addresses issues with present gun law including whether an individual may drop a person off at Atlanta's Hartsfield Airport and have a gun in the vehicle; this clarifies that such can occur.  It also updates the firearm licensure and includes that an automatic reminder must be sent to holders of this concealed permit within 90 days prior to its expiration.  This Bill also passed with a vote of 43 to 10.
SB 409	This initiative was taken up at the end of the day.  It creates the "Georgia Forest Product Fairness Act" clarifying that beginning on July 1, 2010 that any economic incentive granted to any person, company, partnership, or other entity engaged in the commercial use of raw forest products shall be extended equitably to all users of raw forest products in this state so as to establish and maintain parity within that segment of the economy.  It passed with a vote of 44 to zero.

 

House

Open Rule:

HR1516 - United States Congress; not decommission Coast Guard Security Team 91108; urging the United States Congress; not decommission Coast Guard Security Team 91108. HR 1516 passed 159 to zero.

Modified Open Rule:

HB199 - Warrants for arrest; persons who may issue warrants; provision. HB 199 passed the House 155 to one.

HB863 - Charitable solicitations; accounting; revise certain provision. HB 863 passed the House 161 to two.

HB866 - Physicians for Rural Areas Assistance Act; enact. HB 866 passed 147 to four.

HB1007 - Property; sales to political subdivisions; maximum amount exempt; increase. HB 1007 passed 143 to eight.

HB1053 - Solicitors-general; act during pendency of vacancy in office; provide. HB 1053 passed 155 to 11.

HB1059 - Solid waste management; permits for handling, disposal, or treatment; change provision. HB 1059 passed 138 to 23.

HB1133 - Pretrial intervention and diversion programs; administration fees; increase. HB 1133 passed 145 to 15.

HB1140 - Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change. HB 1140 passed 169 to zero.

HB1150 - Retirement and pensions; Georgia Firefighters' Pension Fund; define term. HB 1150 passed 164 to zero.

HB1194 - Family and children services; outsource certain duties; provide. HB 1194 passed 163 to three.

HB1200 - Local boards of education; solicit and accept donations for field trips; authorize. HB 1200 passed 160 to zero.

HB1231 - Uniform rules of the road; proper execution of a left turn; clarify. HB 1231 passed 147 to six.

HB 1233 - Georgia Public Service Commission; certain costs charged to involved utility. HB 1233 passed 114 to nine.

HB1310 - Brain and Spinal Injury Trust Commission; may solicit funds; provide. HB 1310 passed 162 to zero.

HB1324 - Mental health; Department of Behavioral Health and Developmental Disabilities. HB 1324 passed 156 to three.

HR1146 - General Assembly; citizens not obligated to comply with appointed "czar"; declare. HR 1146 was postponed by the House.

HR1400 - Congress; not transfer Guantanamo Bay detainees within Georgia or United States; request. HR 1400 passed 116 to 47.

HR1588 - State of Georgia property; certain counties; nonexclusive easements; authorize. HR 1588 passed 165 to zero.

Modified Structured Rule:

HB347 - Sales and use tax; sales price; change definition. HB 347 passed 161 to zero.

HB361 - Safe Medications Practice Act; enact. HB 361 passed 161 to one.

HB1030 - Corrections, Department of; amend various titles; provision. After a long contentious debate, HB 1030 was defeated 59 to 108. HB 1030 would have merged together the areas of Pardons/Paroles and Probation. 

HB1057 - Magistrate court clerks; General Assembly specify who serves as clerk; provide. HB 1057 passed 136 to 32.

HB1069 - Income tax; credits for equipment that reduces energy or water usage; provide. HB 1069 passed 165 to four.

HB1074 - Public Safety, Department of; Capitol Police Division; create; provision. HB 1074 passed 165 to one.

HB1105 - Watercraft held in inventory; exempt from taxation; provide. HB 1105 passed 133 to 26.

HB1117 - State Board of Registration for Professional Engineers and Land Surveyors. HB 1117 passed 161 to four.  

HB1139 - Ad valorem tax; notice of changes in taxpayers' returns; change provision. HB 1139 passed 162 to zero.

HB1147 - Special liens on personal property; eliminate aircraft liens; provision. HB 1147 passed 164 to two.

HB1199 - Natural Resources, Department of; authority to arrange volunteer services. HB 1199 passed 173 to one.

HB1206 - Water well standards; require contractor license under geologist or engineer direction; change provision. HB 1206 passed 159 to six.

HB1321 - Emergency Telephone System Fund; additional use for moneys; provide. HB 1321 passed 168 to one.

HB1328 - Courts; adjust certain fees for inflation; provision. HB 1328 was tabled and then recommitted to the House Rules Committee.

HB1359 - Best management practices; required buffer along state waters; provide exception. HB 1359 passed 166 to zero.  

Structured Rule:

HB1298 - Hazardous waste; make provisions consistent with federal regulations; provide. HB 1298 passed 158 to one after two amendments failed to be added to the Bill.

Supplemental Calendar:

HB 1314, relating to the Georgia Council on Developmental Disabilities, so as to provide for the comprehensive regulation of individual development accounts, passed the House 153 to seven.

HB 1012, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member, passed the House 157 to zero.

HB 1095; relating to death investigations by coroners, so as to permit tests and examinations to be conducted in cooperation with a forensic laboratory; to provide for the custody of objects and articles of the deceased; to provide for the retention of certain records of the medical examiner's inquiry and the coroner's investigation; to provide for related matters. HB 1095 passed 162 to zero.

HB 1174; relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide that evidence obtained by speed detection devices in a variable speed zone is inadmissible. HB 1174 passed 164 to one.

HB 1345, the Georgia Kosher Food Consumer Protection Act, passed the House 165 to one.

New Legislation

HB 1456 – Rep. John Lunsford (R-McDonough) authored a new Article 35 in Chapter 1 of Title 10 relating to prohibition of certain practices by credit card companies and their electronic payment systems.  It will specifically add in O.C.G.A. § 10-1-932:

No electronic payment system shall, directly or through any agent, processor, or member of the electronic payment system:

1. Impose any requirement, condition, penalty, or fine in a contract with a merchant relating to the display of pricing for goods or services for sale by such merchant. This includes, but is not limited to, a display for a discount to be provided to a consumer for using a form of payment that carries lower fees for the merchant;
2. Prevent any merchant from setting a minimum or maximum dollar value for its acceptance of a form of payment;
3. Inhibit the ability of any merchant to decide not to accept the products of an electronic payment system at one of its locations; or
4. Prevent any merchant from deciding not to accept certain products of an electronic payment system based on the fees associated with such products while still accepting other products of that electronic payment system.

 

There are civil monetary penalties included in the Bill for credit card companies (banks) which violate the provisions and will also permit a civil action cause of action for damages or equitable relief for a merchant whose rights are violated.

HB 1457 – Rep. Stephanie Stuckey Benfield (D-Atlanta) authored this Bill creating a new Code Section in O.C.G.A. § 20-2-721 to provide that public high schools shall provide students and parents and guardians with the option of not releasing their personal information to military recruiters.  The principals of each public high school will be required on or before October 1 and March 1 of each school year to submit a list to the local board of education which will include the name, address and telephone number of each student whose personal contact information is not to be released to military recruiters.

HB 1459 – Rep. Barry Loudermilk (R-Cassville) offered this Bill amending Article 21 of Chapter 2 of Title 20 clarifying that the daily moment of quiet reflection in public schools shall accommodate those students who wish to exercise their freedom of religion to engage in silent prayer/silent meditation.  Students may also reflect on an inspirational poem or reading, pray silently, or meditate silently during such moment of quiet reflection.

HB 1460 – Rep. Stephanie Stuckey Benfield (D-Atlanta) authored a new Code Section for O.C.G.A. § 44-14-160.1 preventing the sale of a foreclosed home upon the buyer's purchase of title insurance from a particular insurer or upon the buyer's purchase of escrow services from a particular buyer. It would require that a seller or residential real property which is improved by four or fewer dwelling units not require directly or indirectly, as a condition of selling the property, that title insurance covering the property or escrow service provided in connection with the sale of the property be purchased by the buyer from a particular title insurer or escrow agent.  It will not prohibit the buyer from agreeing to accept the services of a title insurer or an escrow agent recommended by the seller if written notice of the right to make an independent selection of those services is first provided by the seller to the buyer.

HB 1464 – Rep. Tom Knox (R-Cumming) offered a new Code Section for O.C.G.A. § 33-24-19.1 providing that a licensed insurer or insurance product producer may provide to a third-party a certificate of insurance which documents insurance coverage with the purposes of this certificate to provide evidence of insurance coverage and the amount of insurance issued.  It provides limits of when this certificate of insurance may be issued.  Further, it permits a certificate or "memorandum of property or casualty insurance" when issued to any person, other than the policy holder, to contain a written statement: "This certificate or memorandum of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy."  If the insurer does not use standard ACORD or ISO forms, then the insurer must file such form, prior to use, this certificate or memorandum of property or casualty insurance.

HB 1466 – Rep. David Ralston (R-Blue Ridge) offered this initiative to create the Martin Luther King Jr. Advisory Council which would be a nine-member council.  This would be established in Article 10 of Chapter 8 of Title 50 which would have the following duties:

• Promote racial harmony, understanding, respect and good will among all citizens
• Promote principles of nonviolence, peace and social justice
• Promote among the people of Georgia, through appropriate activities awareness and appreciation of the Civil Rights movement and advocacy of the King principles and legacy
• Develop, coordinate, and advise the State of appropriate ceremonies and activities relating to the observance of Martin Luther King, Jr.'s birthday
• Enable Georgians to reflect on his life and teachings through educational endeavors, cultural performances, exhibitions, and events which are multiethnic and family oriented and
• Prepare an annual report for the Governor and General Assembly detailing those actions taken by the Council to fulfill these responsibilities and duties.

 

HR 1783 – Rep. David Lucas (D-Macon) offered this Resolution proposing a House Study Committee on the Hotel Motel Tax.  Georgia has 20 variations of the hotel motel tax now and this Study would look at overhauling this tax.

HR 1784 – Rep. Craig Gordon (D-Savannah) proposed this Constitutional Amendment to remove the prohibition of casino gambling from Article I, Section II, at Paragraph VIII of the State's Constitution.  He further proposed adding a new subparagraph at Paragraph VI, Section IX of Article III authorizing the General Assembly to allow the use of revenue from taxation on casino gambling for the purposes of the supplemental funding of education projects, including teachers' salaries.

HR 1785 – Rep. Stephanie Stuckey Benfield (D-Atlanta) authored this Resolution requesting the United States Congress to adopt legislation "promoting jobs and innovative energy development" which will heighten national energy and economic security of the United States so that it will become an international leader in "clean energy," while addressing climate change and not preempting states' rights to control emissions and promotion of renewable energy. 

HR 1813 – Rep. Jimmy Pruett (R-Eastman) offered this Resolution which recognizes March 26, 2010 as "Boys and Girls Club Day" at the State's Capitol.

HR 1822 – Rep. Tim Bearden (R-Villa Rica) proposed this urging Resolution for Attorney General to join other states in mounting a legal challenge as to the constitutionality of the recently enacted federal healthcare reform legislation.

HR 1823 – Rep. Quincy Murphy (D-Augusta) offered this Resolution urging the United States Department of Energy, the United States Congress, and current administration to continue development of Yucca Mountain as the permanent storage of defense nuclear waste and commercial spent nuclear fuel.

SB 534 – Sen. David Shafer (R-Duluth) proposed this Bill to be known as the "Health Insurance Competition and Rate Relief Act of 2010" in a newly written Article 2 of Chapter 29 of Title 33.  It provides that the Commissioner of Insurance could determine whether the individual accident and sickness insurance market is functioning properly in Georgia.  The Commissioner would look at the combined market share of the total accident and sickness premium written in the State for any immediately preceding calendar year by the four largest insurers and if such sums to 75 percent or more of the market, then the Commissioner will be authorized to make a determination that the market is not functioning in an efficient, competitive manner. The Commissioner will then notify the insurers who operate in the individual health insurance market relating to the filing and reviewing of individual accident and sickness premium rates for certain lines of business and then undertakes a rate filing.  The Bill does contain a proviso in O.C.G.A. § 33-29-40(c) that: "The Provisions of this Code section are not intended and shall not be construed to operate to change any other existing law or related rule or regulation of the department affecting specific types of coverage described elsewhere in this title, including, but not necessarily limited to, health maintenance organization coverage under Chapter 21 of this title, long-term care coverage under Chapter 42 of this title, Medicare supplement coverage under Chapter 43 of this title, credit accident and sickness coverage under Chapter 31 of this title, and enhanced conversion under Code Section 33-24-21.1."

SR 1324 – Sen. Johnny Grant (R-Milledgeville) offered this Resolution essentially requesting that folks refrain from the use of the term "mental retardation" in future speech and legislation due to the harmful and unintended consequences of its use.

Committee News

House Public Safety and Homeland Security

The Committee passed out HB 1348, authored by Rep. Don Parsons (R-Marietta). This substitute would create the Georgia School Bus Safety Task Force. The Task Force would be composed of two members appointed by the Governor. Two members appointed by the Speaker of the House and two members appointed by the President of the Senate. The Task Force shall:

• Make a comprehensive study of school bus safety designs and technology related to safety and law enforcement;
• Examine and study approaches taken by other states in the implementation of school bus safety measures and related costs;
• Research and develop recommendations relating to school bus safety; and
• Review Georgia laws relating to school bus safety and recommend any needed legislation.

 

The Task Force shall publish its findings and recommendations not later than December 31, 2010 and will remain in existence thereafter to advocate for school bus safety.

House Judiciary Civil Committee

HB 53 authored by Rep. Tyrone Brooks (D-Atlanta) received a "do pass" recommendation today from the Committee. This Bill would bans racial profiling in the State of Georgia. It is the same version of language that was passed out of the House in 2004. Many spoke in favor of the bill citing they had been targeting unjustly. The Georgia Association of Police Chiefs' voiced concern about keep such extensive records of stops and the cost of the matter. Additionally, they questioned who would decide what a racial profiling traffic stop consists of.

Rep. Tom McCall (R-Elberton) presented his HB 1159 to the Committee. HB 1159 would allow non-identifying medical records of an adoptee to be provided to the adoptee, or their sibling or parent. This would still protect the privacy of the birth parents, but would help in determining medical conditions of adoptees of sealed adoptions. This Bill is very dear to Rep. McCall because he lost a son due to a genetic disability. While trying to treat his son and get the medical history of the family, the McCall's were unable to get his wife's families medical information because her adoption had been closed. Rep. McCall is seeking to give the necessary information to aid in the medical treatment of the adoptee. This would follow all HIPPA guidelines. HB 1159 passed unanimously with no changes.

House Health and Human Services Committee

After a very lengthy, two-part hearing, Rep. Chuck Martin (R-Alpharetta) managed to get a Committee Substitute with amendments passed from this Committee.  HB 850, which Rep. Martin proposes will license and regulate assisted living facilities, had received opposition from the Georgia Health Care Association. 

House Insurance Committee

Chairman John Meadows (R-Calhoun) hosted a Committee meeting today to take up a few bills.  Among those included Rep. Katie Dempsey's (R-Rome) HB 426, creating an insurance mandate for the coverage of autism disorder.  After hearing some public testimony, Rep. Howard Maxwell (R-Dallas) made a motion to table the proposal.  Rep. Maxwell's motion carried with a vote of 10 to 4.

Other Bills on the Committee's agenda included:

• HB 1291 which passed unanimously and will authorize the Department of Juvenile Justice to collect individual medical insurance reimbursement for a juvenile in custody of the Department who is covered by medical insurance or other benefits.  It also authorizes the State to collect individual medical insurance funds if an inmate has medical insurance coverage when possible.
• Rep. Tom Knox (R-Cumming) presented a committee substitute to HB 1268. The proposal will use federal subsidies for insurance premiums. It further provides a tax credit.  The proposal also matches the time of the federal extensions as a part of ARRA. The Committee Substitute passed unanimously.
• HB 1184 was presented by Rep. Matt Ramsey (R-Peachtree City) on behalf of Governor Perdue.  This initiative has been referred to as the "cross state selling" proposal. It assures jurisdiction and enforcement in Georgia. The Georgia Insurance Commissioner may examine the financial health of the entity making the sale and can require disclosure of benefits.  It creates a better way to shop for insurance in light of the new federal mandate to buy insurance.  Ron Jackson, Deputy Commissioner from the Department of Insurance, rose in support of the Bill, citing the improvements in local enforcement.   Rep. Ron Dodson (D-Jonesboro), Rep. Georganna Sinkfield (D-Atlanta), and Rep. Carolyn Hugley (D-Columbus) opposed the Bill.  Rep. Ramsey indicated that an entity had be an in-state company to sell the out-of- state product.  Rep.  Ramsey also mentioned that Georgians wanted more choice; the Bill will permit Georgians to have control and it will not impact Georgia's insurance mandate law.  Further it leaves the Commissioner powers to regulate.  The Bill passed with a vote of 12 to 7.

 

House Ways and Means Committee

The Full House Ways and Means Committee met Tuesday afternoon. 

HB 1221 was presented by Rep. Larry O'Neal (R-Bonaire) which he had described as being vetted through several organizations, including getting input from NCSL and ALEC (both national legislative groups).  It will permit retailers to voluntarily pay and remit to the Department of Revenue state and local sales taxes.  Rep. O'Neal believes that this will capture an additional $ 30 million, which will come in handy in a down economy.  According to Rep. O'Neal there are 26 other states which capture this tax. The idea is to capture companies such as Amazon.com in their sales of merchandise to consumers. If more states can force this issue, it is possible that the federal government will address the nexus issue relating to these sales. After several questions, the Committee Substitute presented received a do pass recommendation from the Committee and now moves to the House Rules Committee.

The Committee also took up HB 293, by Rep. Edward Lindsey (R-Atlanta).  It will provide ability for enforcement on what is considered a legal coin operated machine.  It further sets up an easier way to regulate the existing industry. Rep. Lindsey indicated that he had worked closely with Department of Revenue, GBI, industry representatives, and the Governor's office on the Bill.  There were numerous amendments made in the Committee; after much discussion, the Committee Substitute was passed.

House Appropriations Committee

On Tuesday, the House Appropriations Committee met to take up several items.  It cleared by Committee Substitute HB 1431 which is the proposal by Rep. Doug Collins (R-Gainesville).  This Bill creates the Georgia Services Administration which would be the successor entity to the Department of Administrative Services.  It would further abolish the State Properties Commission and State Personnel Administration and move the Georgia Aviation Authority, State Accounting Office, Office of Treasury and Fiscal Services, Georgia Building Authority, Office of State Administrative Hearings, and Georgia Technology Authority under its administrative assignment.  Rep. Collins was peppered with numerous questions concerning the savings to be garnered by these changes.  Rep. Collins indicated that perhaps $5 million would be saved annually – it would help human resources, accounting, IT, real estate and other costs.

Rep. Charlice Byrd (R-Woodstock) presented HB 236 which eventually passed with some dissent in the form of a Committee Substitute.  This Bill proposes establishing the "Georgia Government Accountability Act" as a means of getting more efficiency in State government by reviewing the productivity of each agency. Some of the Committee Members argued that this was creating more bureaucracy – Rep. Byrd countered by stating that the staffing of this created Advisory Committee to oversee these functions would be done by legislators and existing legislative staff (who she claimed had time in the off-season when the General Assembly was not in Session).  Further, Rep. Byrd noted that other states, including Texas and Florida, had created such a committee and achieved savings.

The biggest "show" was the discussion of HB 307; the Bill produced by the Governor and carried by Rep. Jim Cole (R-Forsyth).  Rep. Cole explained that this Bill would implement a 1.45 percent provider fee on the State's nonprofit hospitals' and free-standing ambulatory surgery centers' net patient revenue to generate $175 million.  There are some hospitals exempted from this "fee" including the critical access hospitals, psychiatric hospitals, State-owned/operated hospitals or other hospitals which cannot take Medicaid patients.  The money generated from the fee will be paid into the Indigent Care Trust Fund, permitting federal matching funds to be drawn down.  The fee will sunset in three years.  Earl Rogers from the Georgia Hospital Association, Jimmy Lewis from HomeTown Health, and Monty Veazey from the Georgia Alliance of Community Hospitals rose in support of this fee.  There were some questions as to whether the added moneys will protect the provider rates or whether the physicians, dentists, therapists and others who take Medicaid will receive a rate cut; that has not been determined per Ryan Teague, Counsel to Governor Perdue.  This Bill was approved by both the Subcommittee and full Committee and now moves to the House Rules Committee.

HB 1343 was presented by Rep. Jay Powell (R-Camilla), and it passed by Committee Substitute.  This Bill addresses the probation fees charged in an effort to increase those and addresses the waiver issues of those fees to be paid.  Rep. Powell indicated that the changes were prospective in nature and not retroactive.  Through the changes proposed, Rep. Powell has indicated that the State should generate $7-$10 million more annually.

Rep. Doug McKillip (D-Athens) presented SB 206, which was back before the Committee after it had addressed technical issues with the legislation.  The underlying Bill will require tax expenditure reviews as a part of the budget report.

Senate Public Safety

On Tuesday, this Committee cleared a substitute to SB 419 providing for the notation on drivers' licenses of an individual's diagnosis with "post-traumatic stress disorder" for members of the armed services and veterans.  The Department will have to be provided with a sworn statement from either a Georgia licensed physician or psychologist verifying such diagnosis.