The House and Senate worked through their calendars swiftly this morning.  Senators then boarded a bus for Toccoa to attend the funerals of the late Sen. Nancy Schaefer and her husband, Bruce Schaefer. 

House and Senate Budget writers continue to fret over the financial situation.  There was also new concern in the House that the Senate would not place the hospital provider fee proposals on the Senate Floor for tomorrow's consideration.

Floor News

Senate

Sen. Robert Brown (D-Macon) took a moment of personal privilege this morning, discussing his relationship with his late Senate colleague Nancy Schaefer.  He expressed his condolences as he could not attend the funeral in Toccoa.

The Senate adopted its Consent Calendar with various resolutions without any discussion.  It also took up a few motions to withdraw and commit Bills; all were adopted.  Those included:

• HB 1170 which was moved to Senate Finance from the Senate Appropriations Committee.  It deals with removing the exemption from premium taxes that CMOs currently enjoy.
• HB 1283 was also moved to the Senate Finance Committee from the Senate Appropriations Committee. The Bill will provide that all budget units of the state shall implement a policy to review and modify, if necessary, all user fees collected.
• Finally, HB 1284 was moved to the Senate Finance Committee by Sen. Jack Hill (R-Reidsville) from the Senate Appropriations Committee. This initiative will require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit.

The Senate also passed its Local Consent Calendar with a vote of 46 to zero.

On the Senate Rules Calendar today were two Bills:

• HB 128, by Rep. Tommy Benton (R-Jefferson), was presented by Sen. Ralph Hudgens (R-Hull). It addresses the permits required for disabled persons who engage in "peddling."  Under current law, these vendors must be recertified annually (these are individuals who are blind or disabled veterans).  The Bill before the Senate changes the recertification requirement to ten years. A question was raised by Sen. Seth Harp (R-Midland) regarding what amount of a disability a veteran must have to get this certificate; Sen. Hudgens could not answer that question.  The Bill passed as presented by a vote of 47 to zero.
• Next was HB 194; it was presented by Sen. Don Thomas (R-Dalton). This initiative addresses the use of substitution of brand-name drugs with generic drugs.  The proposal will require that a pharmacist must place both names (generic and brand product) on prescription labels. There are two exceptions in the Bill – those exceptions are for an inpatient hospital or drugs with specialty packaging. No questions were raised or amendments were offered.  The Bill passed 46 to zero.

The Majority Leader moved that the Senate be adjourned until 2:00 p.m. on Thursday; the motion carried.

House

Members of the House welcomed Georgia Tech's head football coach, Paul Johnson, on the Floor today, before moving onto a short Calendar.

SB 341 was presented on the Floor by Rep. Len Walker (R-Monroe). This Bill puts into statute a residency requirement for any person that receives the $500 GED grant. SB 341 passed 156 to zero

SB 319, authored by Sen. Cecil Staton (R-Macon) and presented in the House by Rep. Barry Loudermilk (R-Cassville), changes the definition of text book to include computer hardware and technical equipment. This change would provide greater flexibility to school systems during a tough economic time. SB 310 passed 159 to zero.

The House will reconvene tomorrow at 1:00 pm.

New Legislation

HR 1897 – Rep. Mark Williams (R-Jesup) offered this Resolution, which recognizes the harmful and unintended consequences of the use of the term "mental retardation" and resolving to refrain from the use of this term in future speech and legislation.

SR 1376 – Sen. Jeff Mullis (R-Chickamauga) proposed this Resolution which urges the Georgia Department of Transportation to require all future pubic and private projects to use advanced communications and intelligent transportation system (ITS) that are based on open standards technology.

SR 1394 – Sen. Ronnie Chance (R-Tyrone) offered this Resolution creating the Senate Local Government Contracting Study Committee.

SR 1395 – Sen. John Wiles (R-Marietta) offered SR 1395, which urges the President and Congress to secure America's borders and reject demands to repeat the failed 1986 legalization program for illegal aliens for the protection of American jobs and our homeland.

Committee News

House Judiciary (Civil) Committee – Lane Subcommittee

The Lane Subcommittee met this afternoon.  SB 138, presented by Rep. Earl Ehrhart (R-Powder Springs), was explained as an ALEC Model Bill. The Bill clarifies that legislative enactments do not create a private right of action unless expressly stated therein.  The Bill moved forward to the full Committee without any discussion.

SB 390 was presented by Sen. Buddy Carter (R-Savannah).  His Bill was in a Substitute form and provides exceptions to when a city or county must follow certain rules when one of those bodies sells property involving a conservation easement.  The Bill passed out of the Subcommittee.  (The Senate's version of this legislation only dealt with cities selling this type of property; counties asked to be added.)

SB 491 was brought by the Family Law Attorneys of the State Bar of Georgia.  It corrects the long-arm statute in contempt actions involving visitation and custody proceedings as explained Sen. Bill Cowsert (R-Athens) who presented the Bill.  The Subcommittee heard from the Council of Superior Court Judges, which also supports the proposal.  Testimony was provided that, in looking at the determination of residency, tax records, drivers' license records and voting records would be reviewed.  The proposal also got a do pass recommendation and now moves to the full Committee for its consideration.

SB 461, by Sen. Seth Harp (R-Midland), was presented by lobbyist Mark Middleton for the State Bar of Georgia.  It addresses concerns brought by the Fiduciary Section of the Bar as there is no federal estate tax law at the present time and it may not be reinstated.  This essentially makes the law in Georgia provide for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011 use the provisions which were in effect as of 2009, when the federal estate law was last present.  The Bill passed.

House Judiciary- Non-Civil

SB 112 passed out of Committee today. SB 112 relates to dispositions of fines and forfeitures, so as to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes, as well as for the previously authorized purposes; to provide for related matters. A 50 percent of penalty fee was added to fund the drug courts. 

SB 6 also passed out of the Committee today. SB 6 relates to restricted licenses, so as to change the penalty for violation of restrictions of a driver's license; to repeal conflicting laws; and for other purposes. This Bill passed by Committee Substitute. 

House Public Safety and Homeland Security

SB 410 was presented to the Committee today by Rep. Steve Davis (R-McDonough). Rep. Davis explained that this Bill would allow licensed ambulances to fall under the same Code as police cars and fire trucks, therefore, eliminating the permit and fee for the light bars on the top of the ambulances. SB 410 received a "do pass" recommendation from the Committee.

Sen. Jeff Mullis' (R-Chickamauga) SB 397 was presented to the Committee by Rep. Tim Bearden (R-Villa Rica). SB 397 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." SB 937 passed out of Committee.

SB 345, presented in Committee by Rep. Jay Neal (R-Lafayette), which addresses racing on highways and streets. SB 345 would 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. SB 345 passed out of Committee.

HR 1826, authored and presented by Rep. "Coach" Williams (D-Avondale Estates), addresses the lack of disabled parking spaces at and around the Capitol. HR 1826 urges the Georgia Building Authority to provide additional parking for disabled persons. Currently, there is only one parking space that is next to the Capitol. HR 1826 received a "do pass" recommendation from the Committee. 

House Health and Human Services Committee

This Health and Human Services Committee took up four proposals; it held SB 315 by Sen. Preston Smith (R-Rome) because of some late arriving amendments.

• HR 1449, the Resolution by Rep. Sharon Cooper (R-Marietta), passed.  The Resolution urges the Georgia Composite Medical Board to promulgate regulations which establish medically accepted standards of patient care in office based surgery and anesthesia.  It stripped out language referencing the State's dental board and radiology tests which were referred to in the Resolution (it was feared that it might be seen as a way to encourage the proliferation of radiological tests).
• SB 344, originally by Sen. Lee Hawkins (R-Gainesville), it was presented by Rep. Mickey Channell (R-Greensboro).  This legislation amends Georgia's law regarding the "Health Share' Volunteers in Medicine Act" and provides sovereign immunity protection for physician assistants who work in safety net clinics and who participate in the program established pursuant to the "Health Share Volunteers in Medicine Act."  Other healthcare professionals are already afforded this immunity when providing this type of care.
• SB 317, by Sen. Judson Hill (R-Marietta), passed out of the Committee with a vote of 13 to 8.  It proposes to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system.  There were several questions by Democrats on the Committee – some raised concerns relating to the constitutionality of the proposal.
• SB 353, by Sen. Buddy Carter (R-Savannah), passed.  It is Georgia's annual update to the Dangerous Drug List in Title 16. No changes were made.

House Insurance Committee –Life and Health Subcommittee

The Life and Health Subcommittee, under the leadership of Rep. Howard Maxwell (R-Dallas), met this morning.  Some highlights of the activities include:

• The Subcommittee passed SB 411 and now moves that Bill to the full Committee for its consideration.
• The Subcommittee heard Sen. Don Thomas' (R-Dalton) Bill, SB 316, regarding Medicare supplement (Medigap) coverage. The legislation is designed to equalize provisions for those over 65 and those under age 65 when those individuals would qualify for Medicare due to disability or end-stage renal disease.  Sen. Thomas explained that this Bill would keep folks from enrolling in Medicaid and would provide Georgia a savings of more than $20 million over five years.  The Bill permits the health insurers to set their own premiums.  There were numerous questions raised by Reps. Davis, Heard, Knox, and Hugley.  Don Palmaissano, a lobbyist with the Medical Association of Georgia, noted for the Subcommittee that "MAG" supported the Bill.  Three amendments were made to the Substitute that Sen. Thomas presented and the Bill then passed as a Committee Substitute incorporating those changes, which essentially address the Department of Insurance's rule making ability on these policies and address how these premiums would be "set" by insurers. Devita has been pushing this initiative, which has been addressed by 29 other states.

Senate Finance Committee

The Senate Finance Committee, under the leadership of Sen. Ronnie Chance (R-Tyrone), moved out Rep. Mark Burkhalter's Bill which will permit the Georgia World Congress Center ("GWCC") a line of credit to have discussions with the Atlanta Falcons regarding the use of a stadium.  There are some caveats such as the Falcons would have to stay on GWCC property and it would have to pay off existing bonds.  The proposal will use the Atlanta hotel-motel tax with $.39 going towards the franchise.  Rep. Burkhalter indicated that the Mayor and others' support this use of the hotel-motel tax.  The Bill passed as presented.

Rep. Larry O'Neal presented several of his proposals.  The first two were presented together:  HB 1191 and HB 1192.  HB 1191 came from Clerks' Association and addresses the intangible tax or tax on a deed to secure debt.  It is to use the appraised value of the last appraisal on property.  HB 1192 addresses what happens when property lies in multiple counties and how tax is to be collected.  Sen. Chip Rogers (R-Woodstock) made the motion to move HB 1191 out of Committee and his motion carried.  HB 1192 then passed as well.

Rep. O'Neal then presented HB 1138, Georgia's annual IRS Code update.  Georgia's income tax is based on adjusted gross income.  This Bill addresses all the federal bills passed in 2009 regarding moneys such as ARRA and other acts that have an impact on income taxes. It also incorporates Section 179, adopting the new federal increase of $250,000 which will help small businesses and be a huge job "grower."  Other income tax revisions include the allowance of a credit for contributions made for the 2009 Haitian Relief Effort to be deducted on 2009 tax returns -even if those contributions were made at the end of March 2010. It also provides an income tax credit for technology equipment for students.  Rep. O'Neal explained that there would be a net savings of $3 million for Georgians.  This Bill also passed.

HB 982 was the next proposal presented by Rep. O'Neal.  The Department of Revenue brought this Bill to him which will create an administrative garnishment process.  Rep. O'Neal explained that there were more than 20,000 post-judgment accounts that could have garnishments filed against them.  However, the Department only filed 240 last year.  This proposal could better enforce Georgia's tax code and help the State collect dollars that it is owed.  Sen. John Wiles (R-Marietta) asked a lot of questions concerning this procedure proposed for garnishments and what was in current law permitting the filing of garnishment actions.  Now, process must be served by a sheriff or some agent of the court. This Bill would allow a garnishment action to be served by mail. In the end, the Bill was tabled so that the author and Sen. Wiles could work out further issues.

Last on the agenda was HB 1405.  Rep. O,'Neal explained that this Bill establishes a "Special Council on Tax Reform" which will look over Georgia's entire tax code and bring back recommendations to General Assembly next year.  The Bill outlines who will serve on this Council, which includes Governor Perdue. No questions were asked and the Bill passed out of Committee as it was presented.

Senate Rules

The Senate Rules Committee set the following Calendar for Thursday, April 1, 2010:

• HB 307 - Medicaid; Federal Financial participation; hospitals; impose fee.
• HB 908 – Quality Basic Education Act; expenditures, class size, additional days, salary; temporarily suspend.
• HB 916 -  Retirement ages; nullify application for retirement; provisions.
• HB 984 -  Income taxes; levy or collection of local income taxes; prohibit.
• HB 1106 - Animal protection; shelters scan for microchips prior to euthanasia; provisions.
• HB 1023 - Jobs, Opportunity, and Business Success Act of 2010; enact.