Lawmakers returned in force today after the two-week recess called so that Appropriations Committees could work on the State's Budgets.  Lawmakers are fretting about what to do in order to meet the needs of the State while not gutting entire programs or imposing new taxes.  There are no easy, good solutions.  Rumblings have been made that with a $380 million cut to the Board of Regents that the Legislature would likely eliminate the State's 4-H programs and perhaps add an additional furlough day per pay period to State employees.  The Governor has vowed that no such elimination would be made to 4-H.  Tobacco taxation increase proposals continue to be touted as one way in which to at least address part of the Medicaid funding problem; however, the Senate seems to be more interested in taxing hospitals as a means to fix the State's Medicaid budget. 

Meanwhile, Lawmakers learned today the February revenue numbers.  Net revenue collections for the month of February 2010 (FY 2010) totaled $567,251,000 as compared to $629,448,000 for February 2009 (FY 2009).  This amount is a decrease of $62,197,000 or 9.9 percent.  The percentage decrease year-to-date for FY10 compared to FY09 is 12.7 percent.

Members of the Tobacco Tax Coalition were out in force today at the Capitol.  These folks included business leaders, retirees, hospital pink ladies and others who are in favor of Lawmakers passing legislation to raise the State's tobacco taxes to $1.00.

There have been more rumors of another recess, giving Lawmakers more time to look at the State's revenue numbers so they can better gauge how severely to cut State initiatives to make ends meet.  Some have wagered bets that perhaps Lawmakers might wait until after "qualifying" time (to announce candidacy for election) expires.  Some of us, though, know better than to bet on such odds.

Floor News

House

Six measures were on the House Rules Calendar for discussion.  Those Bills included:

• HB 858 was proposed by Rep. Rich Golick (R-Smyrna) to increase the population requirement of 700,000 to 950,000, based on the United States Census, so that all funds collected by reason of Chapter 15 of Title 36 "shall be paid into the general treasury of such county, to be used for lawful purposes of the courts of the county, including the maintenance of a county law library; and there shall be no county law library fund." HB 858 passed the House 164 to one.
• HB 1054, authored by Rep. Len Walker (R-Loganville), adds a new Code Section at O.C.G.A. § 49-4-20 stating that "Subject to approval by the United States Department of Agriculture, a recipient of food stamps is authorized to order over the Internet authorized food items from a nonprofit organization within the meaning of Section 501(a) of the Internal Revenue Code."  This Bill has caused some controversy because of the present employment by Rep. Walker with Angel Ministries and the population that entity serves. HB 1054 was postponed until Wednesday.
• HB 180, by Rep. Melvin Everson (R-Snellville), amends O.C.G.A. § 16-12-5(b), relating to tattooing, making it unlawful for any person "except a physician or a technician under the direct supervision of a physician in the State of Georgia and where the primary practice location of such physician is within the State of Georgia" to tattoo an individual within one inch of the nearest part of the eye socket.  Persons who violate this Code section will be guilty of a misdemeanor. HB 180 passed 136 to 23.
• HB 1058, proposed by Rep. Bob Lane (R-Statesboro), amends Georgia's law relating to the size limitations for the possession of "weakfish." HB 1058 passed 1623 to five.
• HB 903 cleared the House Ways and Means Committee prior to reaching the House Floor.  It extends the time for the hotel/motel tax to be levied for the purposes of funding a domed stadium for a national football league team, permitting that it may continued to be levied until December 31, 2050. HB 903 passed 151 to 13.
• SB 84, the initiative introduced by Sen. Bill Heath (R-Bremen), establishes that local school boards must abide by a code of ethics and conflicts of interests and addresses eligibility requirements for individuals wishing to be elected to local school boards (including requiring that the individual notify the board of any residence change within ten days of a move). SB 84 passed 137 to 33.

Senate

On the Senate side, there were seven Bills on the Rules Calendar:

• SB 298, the initiative requiring instruction in basic first aid as a part of public health education courses, passed by a vote of 36 to 16.  Sen. John Douglas (R-Social Circle) told his Senate colleagues that this Bill was passing an "unfunded mandate" on schools.
• SB 310, Sen. Lee Hawkins' Bill requiring regulation of pharmacy benefit managers, passed with a vote of 53 to zero. No questions were raised on this Bill, which is essentially like the same bill on this topic passed in 2009 (with exception to the effective date).
• SB 313, providing that an un-sworn testimony before Grand Juries would be disallowed, passed by a vote of 53 to zero.
• SB 322, the Bill clarifying property zoning laws and covenants with the land, passed.  However, Sen. Steve Thompson (D-Marietta) raised questions concerning whether covenants were perpetual.
• SB 334, creating a crime of "medical identity fraud by Sen. Judson Hill (R-Marietta), passed with a vote of 50 to two.  No questions were raised.  Sen. Hill explained that medical identity fraud was a "lucrative" crime for criminals and this initiative would put into law similar penalties for individuals who commit financial fraud.
• SB 340, requiring schools systems to adopt a reporting system for the purpose of determining potential HOPE eligibility, passed with a vote of 41 to 11.  Sen. Harp explained that the idea came from the Student Finance Commission.
• SB 381, requiring tax expenditure and fee reports as a part of the Budget report, passed.  Sen. Greg Goggans (R-Douglas) explained that there are presently 1,800 fees collected in Georgia with approximately 260 of those which have not been updated since 1992.

New Legislation

SB 451 – Sen. Freddie Sims (D-Dawson) offered this Bill concerning emergency placement of monitors in early care and education programs to provide that certain procedures be followed after a death of a minor occurring in a family day-care home, group day-care home, or a day-care center. This Bill specifically amends O.C.G.A. § 20-1A-13.  It states that if a death of a minor occurs at a family day-care home or group day-care home, then the home must be closed immediately for a period of not less than 30 days so that a review may be conducted into the cause of the death. If conditions or the administration of the home is determined to be the cause of the death, then that home's license must be revoked immediately.  If the death of the minor occurs at any day-care center which is licensed under Chapter 1A of Title 20, then a monitor will be placed into the program and the Department will then open an investigation into the cause of death.  If in a five-day preliminary investigation period it is found that the minor's death was not related to the administration or conditions of the day-care center, then the Department will be required to remove the monitor and permit continuing operation of the day-care center.  If after five days and there is an inability to determine the cause of the child's death and the Department cannot rule out the administration or conditions as the cause of death, then the day-care center will be closed until the Commissioner determines either that the administration or conditions were not the cause of the death; at that point, the center can re-open.  If the administration or conditions are clearly found to have caused the child's death, then the day-care center's license will be immediately revoked. Each of these centers that is closed will have recourse to contest the decision to close.

SB 453 – Sen. Judson Hill (R-Marietta) proposed changes in Title 33 regarding use of the State's premium taxes.  His Bill would permit that one-fourth of one percent of the premium taxes collected to be used to offset losses of the Georgia High Risk Individual Reinsurance Pool in O.C.G.A. § 33-8-4(a.1).  It would also do the following:

• Add at O.C.G.A. § 33-24-21.1(m) that enhanced conversion option coverage for qualified eligible individuals would no longer be issued after eligible individuals are offered coverage through the Georgia High Risk Individual Reinsurance Pool.
• Create a new Article 2 in Chapter 29A of Title 33 on the Commission on the Georgia Health Insurance Risk Pool
  • Requires a health insurer and managed care corporation licensed to and offering health insurance coverage in Georgia as a condition of that licensure to agree to participate in the Georgia Individual High Risk Reinsurance Pool.
  • Creates the "Pool's" operation and control in O.C.G.A. § 33-29A-23
  • Outlines a plan of operation for the Pool in O.C.G.A. § 33-29A-24

SB 454 – Sen. John Douglas (R-Social Circle) proposed a new Code Section for O.C.G.A. § 16-12-63 providing that certain veterans organizations (those organizations or associations chartered by the United States Congress which are exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual) may sell certain pull tab games of chance.  Winnings would be limited to $500.00 per person per 24-hour period.

SB 459 – Sen. Jack Hill (R-Reidsville) proposed this Bill amending Article 7 of Chapter 4 of Title 49.  It provides for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants.  It would require that the Department of Community Health bid out and contract with such single administrator, which would be required to obtain a certificate of authority from the Commissioner of Insurance as a health maintenance organization.

SR 1126 – Sen. Jeff Mullis (R-Chickamauga) authored this Resolution for a Constitutional Amendment at Article IV, Section IV, Paragraph I to provide that members of the State Transportation Board may be recalled and shall be elected to serve the same term as members of the General Assembly.

SR 1134 – Sen. Judson Hill (R-Marietta) offered this Resolution creating the Senate Health Care Transformation Study Committee looking at access to healthcare services and affordability of health insurance.  This would be a four-member Study Committee composed of members of the Georgia State Senate.

HB 1235 – Rep. Bobby Reese (R-Sugar Hill) offered this amendment to O.C.G.A. § 44-5-145 specifying that the absence of any indication of an intent to make an anatomical gift will constitute a refusal to do so.  This would be added as a new subsection (e) to current law.

HB 1240 – Rep. Don Parsons (R-Marietta) introduced this idea adding a new Code Section at O.C.G.A. § 48-8-6.1.  It would read:

Unless otherwise expressly provided in this chapter, whenever any provision of this chapter      provides for the levy, imposition, collection, or distribution of sales and use taxes by any county or municipality, or provides for the collection of such taxes by a private person or entity on behalf of the county or municipality levying or imposing such tax, any requirement that such taxes are to be levied, imposed, collected, or distributed based on the address or place of primary use of the person or entity subject to the tax shall be based on the United States postal ZIP Code of nine or more digits within which the address of the property or place of primary use is located.

HB 1241 – Rep. Jeff May (R-Monroe) introduced this new Code Section for O.C.G.A. § 48-7-43 to provide for the order in which Georgia income tax credits shall be applied on a taxpayer's return.  Thus, unless otherwise noted, Georgia income tax credits generated in the current tax year and Georgia income tax credits carried forward to the current tax year, those tax credits from the oldest years shall be utilized first.  If the tax payer is eligible to claim more than one type of Georgia income tax credit, each having different carry forward periods, or no carry forward period, the taxpayer may elect which Georgia tax credit will be first utilized on the taxpayer's current year return.  This election will not increase or decrease the carry forward period of Georgia income tax credits to which the taxpayer is entitled.  Further, if two or more Georgia income tax credits for which carry forward is permitted are generated in a single tax year and one or both cannot be fully utilized by that taxpayer in that year, then the taxpayer may also elect which and how much of each shall be utilized on the current year's return and which and how much of both or either will be carried forward.

HB 1242 – Rep. Mark Hamilton (R-Cumming) offered this Bill amending O.C.G.A. § 21-5-73.  It would require disclosure of lobbyist expenditures for expenditures made on behalf of members of the State Transportation Board.  It also adds at O.C.G.A. § 32-2-23 that State Transportation Board members will be subject to provisions in Article 3 of Chapter 5 of Title 21 concerning financial disclosure statements and public officials conduct, requiring that they report as if they are public officers as defined in O.C.G.A. § 21-5-3.

HB 1243 – Rep. Tom Rice (R-Norcross) proposed amendment to Georgia's Banking laws, adding a new Code Section at O.C.G.A. § 7-1-912.1. It provides for a two percent fee with respect to money which is received for wire transmission.  The money transmission business will be required to give the customer a receipt noting the date of the receipt of the money; the amount of fee, if applicable; amount of the money; and a statement that the individual should "keep this receipt with your records.  If you file a Georgia income tax return, you may claim an income tax credit for the full amount of the money transmission fee."  Agents will be required to file a monthly return with the commissioner reporting and paying the amount of fees due and collected.  In reporting and paying the fees, the agent or licensee can deduct and retain up to 20 percent of the fee to defray costs of its collection.  The commissioner would then remit the fees to the general fund of the State.  Money from these fees would go towards funding trauma care programs.  The Bill also adds a new Code Section at O.C.G.A. § 48-7-29.18 permitting this income tax credit for the wire transmission fees.

HB 1244 – Rep. Chuck Martin (R-Alpharetta) offered this amendment to O.C.G.A. § 48-8-2(1), dealing with sales and use taxes, and the definition of "business" to mean "any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage."

HB 1245 – Rep. Chuck Martin (R-Alpharetta) introduced a new Code Section for O.C.G.A. § 48-8-68 to provide for audits of books of accounts on the basis of tests or samples for a dealer's sales by the Commissioner.

HB 1246 – Rep. Pat Dooley (D-Marietta) offered a new Code Section to be inserted at O.C.G.A. § 48-8-19 providing for the applicability of sales and use taxes to certain advertising agreements relating to outdoor advertising. This specifically addresses the outdoor advertising signs which displays an advertiser's message or multiple messages when there is an agreement in place to display such message/sign and grants to the advertiser neither the right to possess nor use the personalty upon which the advertising message is displayed is deemed a service which is taxable as a lease of tangible personal property.

HB 1247 – Rep. Ron Stephens (R-Savannah) proposed amending Georgia's laws on income tax credits for qualified film, video, or digital productions, addressing a production company transferee's liability for tax years beginning on or after January 1, 2011.

HB 1248 – Rep. Michael Harden (R-Toccoa) offered changes to Georgia's laws relating to fees for "apportionable" vehicles (based on gross weight) in O.C.G.A. § 40-2-152 to provide for the payment of an ad valorem fee payable at the time of payment of the annual fee for such vehicles.  It would add an ad valorem fee equal to 50 percent of the annual fee to be paid with the annual fee and collected by the Department.  This ad valorem fee will be applied only to vehicles registered under the International Registration Plan, regardless of their domicle.  The fee would then be distributed by the Department to the counties where the vehicles are domiciled if the vehicles are domiciled in Georgia or to the general fund of the State if the vehicles are not domiciled in Georgia.  For the initial year, funds otherwise due to the State shall be used to hold harmless any county which can demonstrate a loss of ad valorem related to vehicles previously domiciled in its jurisdiction resulting from this change in the law.  The ad valorem fee collected shall then be sufficient to cover any ad valorem fees due for commercial trailers or semi-trailers, and no additional ad valorem fee will be due on those registered in Georgia.

HB 1249 – Rep. John Lunsford (R-McDonough) authored this Tax Code proposal amending O.C.G.A. § 48-5-48.2(a).  It provides an exemption from local ad valorem taxes assessed on "job creating business projects" when those businesses provide new jobs.  A "job creating business project" is defined as "any business project designated by the Department of Economic Development to be a business project that will create no less than 50 jobs for the county or municipal governing authority providing an ad valorem exemption pursuant to this Code section."  This exemption would be permitted only if ratified by the electors of the county or municipality and would be permitted for only three years.  The business seeking this "job creating business project" designation would be required to file an application with the Department of Economic Development, which would establish uniform criteria, procedures, and forms for this process.

HB 1250 - Rep. Kevin Levitas (D-Atlanta) offered amendments to O.C.G.A. § 43-34-25 and O.C.G.A. § 43-34-103 concerning delegation of certain acts to advanced practice registered nurses and applications for physicians assistants.  It would permit an advanced practice registered nurse and physician's assistant the ability to issue prescription drug orders for Schedule II controlled substances.  It strips out reference in present law relating to "life-threatening situations" from the advanced practice registered nurse law.  It also permits advanced practice registered nurse and physician's assistant to sign any documents relating to a patient's workers' compensation benefits, physical examination forms, death certificate, and verification and evaluation forms of the Georgia Department of Human Services, Georgia Board of Education and local boards of education, and the Georgia Department of Community Health.  It requires that health insurance carriers record the name of an advanced practice registered nurse or physician's assistant providing healthcare for a patient, in the same manner how carriers record the name of treating physicians who provide care.

HB 1252 – Rep. Mike Jacobs (R-Atlanta) offered this new Code Section in O.C.G.A. § 50-32-5 to create the Transit Governance Study Commission to prepare legislative proposals for a regional transit governing authority in Georgia (maximizing resources and alleviating gridlock).  It would be composed of three Senators from the Atlanta Regional Commission area to be appointed by the Lieutenant Governor; three Representatives from the Atlanta Regional Commission area to be appointed by the Speaker of the House of Representatives; chairperson of the Metropolitan Atlanta Rapid Transit Oversight Committee; chairperson of the Atlanta Regional Commission; one staff member from the Atlanta Regional Commission to be selected by the chairperson of the Atlanta Regional Commission; executive director of the Georgia Regional Transportation Authority; general manager of the Metropolitan Atlanta Rapid Transit Authority; and directors of any other county transit systems operating in the Atlanta Regional Commission area. The Commission would make recommendations in a Final Report on or before August 1, 2011 and stand abolished at that time.

HB 1256 – Rep. Judy Manning (R-Marietta) offered this set of changes in Title 16 and Titles 19 and 49 mandating a minimum age of 16 for the prosecution of the offenses of prostitution and masturbation for hire.  If a minor younger than 16 is found by law enforcement to be committing either of these acts, then the minor's age is to be taken into account and the case taken to the County Department of Family and Children's Services with jurisdiction where the acts were committed.  Once the child is in custody of the Department, then the Department is to take necessary steps to locate the parents/legal guardian of the minor.  If the Department determines that placing the minor in the custody of his or parents/legal guardian is not in the child's best interests, then the Department can place the minor into foster care.

HB 1257 – Rep. Alan Powell (D-Hartwell) introduced this of changes to Chapter 2 of Title 21 to remove the requirement that political body and independent candidates file nomination petitions in order to gain ballot access.

HB 1259 – Rep. Bobby Reese (R-Sugar Hill) authored this Bill to be known as the "Georgia Employer and Worker Protection Act of 2010."  It would require cities and counties prior to issuing business licenses to applicants for those applicants to participate with the federal employment eligibility verification system as a condition of obtaining a business license or occupational tax certificate.  This would be added in O.C.G.A. § 36-60-6.

HB 1263 – Rep. Dawkins-Haigler (D-Lithonia) proposed this new Code Section for O.C.G.A. § 33-24-56.5 to provide for payment or reimbursement of orally administered chemotherapy at the same reimbursement rate as intravenously administered chemotherapy. It requires that every health benefit policy that includes coverage or benefits for the treatment of cancer shall provide payment or reimbursement for all chemotherapy that is considered medically necessary, including oral chemotherapy, at the same copayment percentage or relative coinsurance amount as is applied to intravenously administered chemotherapy.

HB 1264 – Rep. Jimmy Pruett (R-Eastman) introduced a new Code Section at O.C.G.A. § 49-4A-15 to collect individual medical insurance reimbursement for a juvenile in the custody of the Department of Juvenile Justice.  It defines "medical care" as "medical, dental, mental health, and optometry treatment, including physical or mental health therapy, prescribed medicine, professional services, and prosthetics, and all necessary associated services incidental to treatment such as transportation, hospitalization, and security." The officer of a juvenile detention facility may obtain or require a juvenile or his or her custodian or any State or local agency to furnish the following information:

1. The existence of any medical care insurance, group health plan, prepaid medical care coverage, or state or federal medical care benefit program under which the juvenile is covered;
2. The eligibility for benefits to which the juvenile is entitled;
3. The name and address of the third-party payor; and
4. The policy or other identifying number.

Any medical care insurance or benefits program covering a juvenile will be required to reimburse the Department as requested by the officer in charge for payments made by the Department on behalf of the juvenile which were covered by insurance, a benefit program, or other medical care coverage.  There is a subrogation language also included.

HB 1265 – Rep. Jimmy Pruett (R-Eastman) proposed changes to Title 42 clarifying the types of individual insurance coverage which may reimburse jails for medical expenses where a jail detainee has insurance coverage.  It amends O.C.G.A. § 42-4-50(4) and the definition of "medical care" to mean "medical attention, dental care, mental health care, optometry care, physical or mental health therapy, prosthesis, and medicine and necessary and associated costs such as transportation, guards, room, and board."  Current law only covers medical attention, dental care, and medicine and necessary and associated costs such as transportation, guards, room, and board.  Further it proposes in O.C.G.A. § 42-4-72 that a county, municipal or combined local governing authority may establish by rule or regulation a procedure by which a  detainee, who is incarcerated, shall reimburse that governing authority for a portion of the actual costs of his or her incarceration.  The charge would be a per diem and be no more than $40.00 per day and would be charged only after that detainee was convicted. These charges for a detainee who is deemed indigent will not be charged or accrued. There are provisions in the Bill for instances where the detainee may acquire resources during his or her retention and there are provisions for those who have convictions overturned.

HB 1266 – Rep. Cecily Hill (R-Kingsland) proposed this Bill adding an Article 5 at Chapter 8 of Title 48 proposing a program of tax refunds for companies creating new tourism attractions.  It would be known as the "Georgia Tourism Development Act."  Approved companies would have to make an application and enter into an agreement with the Department of Economic Development.  It also would permit a city or county where the tourism attraction is to be located the ability to impose a tourism attraction tax at the rate of up to three percent.  Except as to rate, the tourism project tax imposed would be levied upon all sales at the tourist attraction and would correspond to the tax imposed in Article 1 of Chapter 8 of Title 48.  Proceeds of this tax could be used to pay the costs of the tourism attraction, including the repayment of any revenue bonds or other obligations issued in connection with the tourism attraction.  See also HB 1251 by Rep. Hill which adds undertakings under Georgia's Revenue Bond Law at O.C.G.A. § 36-82-61 to also include economic tourism development.

HB 1268 – Rep. Tom Knox (R-Cumming) authored this Bill revising the time periods and eligibility for continuation of coverage under certain group accident and sickness insurance plans.    It broadens definition for "assistance eligible individual" in O.C.G.A. § 33-24-21.1 to comport with federal law changes that extended Section 3001 of Title III of the American Recovery and Reinvestment Act of 2009 and permits an individual who is in a transition period as defined by ARRA, as amended, to be treated for the purposes of any COBRA continuation provisions as having timely paid such premium, if the individual was covered under COBRA continuation coverage to which such premium relates for the period immediately preceding such transition period and such individual pays the amount of such premium not later than 60 days after December 19, 2009 or 30 days after the date of provision of the notification as required by Section 1010 of the Department of Defense Appropriations Act, 2010, whichever is later.

HB 1269 – Rep. Jay Shaw (D-Lakeland) introduced this initiative adding a new Code Section at O.C.G.A. §3-3-34 providing that the sale or purchase of a caffeinated alcoholic beverage will be prohibited in Georgia. The beverage would have at least one-half of one percent of alcohol by volume.

HB 1272 – Rep. Toney Collins (D-Lawrenceville) proposed creating a new Code Section at O.C.G.A. § 48-7-64 authorizing taxpayers to make certain contributions through the income tax payment and refund process to programs for the education regarding and alleviation of lupus and kidney disease.  These would be payments to Lupus Foundation of America and National Kidney Foundation.

HB 1284 – Rep. Richard Smith (R-Columbus) proposed this Bill amending O.C.G.A. § 45-12-92 to require that the Office of Planning and Budget maintain a record of all user fees collected by any department, agency, or other budget unit in the State.  These would then be published on Georgia's website.

HB 1291 – Rep. Billy Horne (R-Newnan) offered the following amendment to Title 42, clarifying the types of individual medical insurance coverage which may reimburse jails for medical expenses. These medical expenses include mental health care, optometry care, physical or mental health therapy, and prescribed medicine and prosthesis and necessary and associated medical, dental, mental health treatment, or optometry costs such as transportation, hospitalization, guards, room and board.

HB 1293 – Rep. Mark Butler (R-Carrollton) authored changes to Title 42, relating to correctional institutions of state and counties. These changes would provide for State reimbursement for psychotropic medications for state inmates housed by counties beginning on the date of sentencing.

HB 1302 – Rep. James Mills (R-Gainesville) introduced an amendment to O.C.G.A. § 28-1-8 providing for a reduction in expense allowances for members of the Georgia General Assembly.  It caps these expenses for years 2011 and 2012 to $6,000.000. The maximum amount a member may receive in the year 2011 would be further reduced by $1,000.000 less any amount such member did not use and returned to the State at the end of his or her 2009-2010 term of office.

HB 1308 – Rep. Tyrone Brooks (D-Atlanta) offered this Bill amending Chapter 4 of Title 34 providing for substantive and comprehensive reforms to Georgia's minimum wage law. The changes would apply to employers who have $50,000 or more per year.   It raises covered employees to a wage of $6.20 rather than $5.15.  It also raises minimum wage to not less than $15.00 per hour for each hour worked in the employment of such employer with increases made annually on January 1, based on cost of living.

HB 1309 – Rep. Jay Neal (R-Lafayette) authored this Bill amending O.C.G.A. § 16-13-25 adding synthetic cannabinoids known as synthetic marijuana or K2 to the Schedule I controlled substances list.  This Bill comes in the wake of two north Fulton students' hospitalization for using K2.

HB 1310 – Rep. Rusty Kidd (I-Milledgeville) authored this Bill amending O.C.G.A. § 15-21-147 permitting the Brain and Spinal Injury Trust Commission to not only accept federal funds granted by Congress or executive order for its purpose and gifts and donations from individuals, private organizations and foundations but also that the Commission can solicit such moneys.

HB 1311 – Rep. Austin Scott (R-Tifton) proposed changes to Article I of Chapter 15 of Title 34 eliminating financial need as a consideration of vocational rehabilitation services.

HB 1314 – Rep. Donna Sheldon (R-Dacula) introduced this amendment to Title 30 and Title 49 providing comprehensive regulation of individual development accounts.  It permits in O.C.G.A. § 30-8-21 that a person who has a household income of less than or equal to 300 percent of the federal poverty level may open an individual development account for the purposes identified in O.C.G.A. § 30-8-22.  It also outlines procedures, conditions and limitations with respect to creation and operation of such accounts.  It amends powers, duties and authority of the Georgia Council on Developmental Disabilities.

HB 1316 – Rep. Darryl Jordan (D-Riverdale) proposed amending Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," enacting a bill of rights for Georgia teachers.  It contains things such as "a teacher shall not be coerced, threatened, or intimidated to change a student's grade if, in the opinion of the teacher, the student earned that grade." It would require annual evaluations of principals and assistant principals by teachers.

HB 1317 – Rep. Debbie Buckner (D-Junction City) authored amendments to O.C.G.A. § 49-4-142 and O.C.G.A. § 49-5-273.  It would outline requirements for the Department of Community Health to terminate health maintenance organization contracts with providers.  It would also permit recipients of Medicaid and participants in PeachCare for Kids to switch their enrollment to another health maintenance organization if such health care providers are terminated.

HR 1448 – Rep. John Lunsford (R-McDonough) authored this Resolution for a Constitutional Amendment providing that counties and municipalities may provide exemptions from ad valorem taxation for business development projects that establish that such business development projects will create jobs within the jurisdiction.  This proposal would be inserted as a new subparagraph (b) to Article VII, Section II, Paragraph III.

HR 1449 – Rep. Sharon Cooper (R-Marietta) proposed this "urging" Resolution to the Georgia Composite Medical Board so that it would promulgate regulations establishing medically accepted standards of patient care in office based surgery and anesthesia.  This Resolution notes that 26 states have by act, regulation, or guideline adopted such standards and Georgia is the only southeastern state without any.

HR 1455 – Rep. Tom McCall (R-Elberton) authored this Resolution commending Georgia's long-time Commissioner of Agriculture Tommy Irvin.  Commissioner Irvin was first appointed to his job in 1969 under then Governor Lester Maddox.  He is the longest-serving Commissioner of Agriculture in the United States and will not be seeking re-election this coming election.

HR 1476 – Rep. Ben Harbin (R-Evans) authored this Resolution proposing a Constitutional Amendment to provide for veto sessions for the General Assembly.  His amendments would be made in Article III, Section V, at Paragraph XIII.  Specifically, if a Governor vetoes a Bill or Resolution during the last three days of any Session which are not considered for the purpose of overriding the veto or vetoes a bill or resolution after the General Assembly has adjourned sine die, then upon concurrence of the Lt. Governor and Speaker of the House, the General Assembly may be called into a special veto session. No other matter could be taken up during this special veto session except bills or resolutions identified in the call.

HR 1480 – Rep. Toney Collins (D-Lawrenceville) offered this Constitutional Amendment providing that lottery funds may be used for programs within the public schools to assist children with diagnosed learning disabilities.  This idea would be inserted at Article I, Section II, Paragraph VIIII at subparagraph (c).

Committee News

House Ways and Means Committee

Three of the Subcommittees of the House Ways and Means Committee met this afternoon in a marathon session.  Some of the results of those Subcommittee meetings included:

Income Tax

Rep. Ellis Black (D-Valdosta) presented HB 971, which will be held for an additional hearing.  His Bill would permit the Department of Revenue to keep an individual's tax refund if that refund was $1.00 or less unless the taxpayer requested its return.  If the taxpayer owes $2.00 or less, the Department of Revenue would not bill the taxpayer.  There were questions raised concerning the constitutionality of this Bill and whether the Department could essentially "zero" out a balance.

HB 1001 which provides a 35% income tax credit (with an aggregate of $10 million permitted) for qualified investors who are incubating businesses here in the State, was also held for a second hearing.

HB 1069, by Rep. Joe Wilkinson (R-Atlanta), presented this income tax credit of up to $2,500 for individuals which make energy efficient home repairs using federal stimulus funds.  This Bill was also held for a second hearing.

Rep. Ron Stephens (R-Savannah) presented HB 1145 which would permit a 50% tax credit on new investments made by railroads.  It contains a ten-year sunset.  It is proposed to give incentives to railroads to use capital dollars and help make Georgia more attractive than other states where railroads operate.  It is not intended to cover routine maintenance of rail lines.  This Bill also will have another hearing.

Rep. Judy Manning (R-Marietta) was absent but Rep. Larry O'Neal (R-Bonaire) presented HB 1198 for her.  This Bill deals with non-resident taxation and deferred compensation plans.  Another hearing will also be held on HB 1198.

Rep. O'Neal then presented two of his proposals.  HB 983, the Bill dealing with factoring companies which sell their own receivables at a discount, was held for a second hearing.  This proposal would close a current loophole in Georgia law.  Finally, HB 1138 was presented which is the Internal Revenue Code update.

Ad Valorem

Rep. Allen Peake (R-Macon) led discussions on several Bills in this Subcommittee.  Hearings were held on HB 1186 the tax exemption proposal for public-private transportation initiatives and HB 1105 the exemption extension for watercraft held in inventory. 

HB 1082, the Bill by Rep. Jay Powell (R-Camilla), was passed to the full Committee.  This initiative would permit local governments to "Freeport exemptions" on inventory.

HB 1139, presented by Rep. James Mills (R-Gainesville), moved out to the full Committee. It deals with notice of changes in taxpayers' returns.

The Subcommittee spent the most time on HR 1 and HB 517 which are both by Rep. Edward Lindsey (R-Atlanta).  HR 1, the Constitutional Amendment, would place for referendum the proposal that the lesser of three (3) percent or the percent change in the rate of economic inflation on individual taxpayers on property taxes.  HB 517 is the enabling legislation, if HR 1 is ratified.  There were several questions concerning the practicality of the application by local taxing districts of this Bill.  Former State Representative and now lobbyist Richard Royal testified against the Bill and Resolution on behalf of ACCG and GMA.  The Bill would restrict the ability for counties and cities to fund their governments.  There is also not a statewide referendum which is dangerous.  The ten-year re-assessment on commercial property is not phased in – or at least the legislation does not clearly state such.  After some amendments were made, the initiatives moved forward to the full Committee with two dissenting votes.

Sales Tax

Rep. Don Parsons (R-Marietta) chaired this Subcommittee. HB 1008, the extension of the sales and use tax exemption for energy used in manufacturing, was heard but another hearing will be held.  Lobbyist Roy Bowen spoke in favor of the Bill as did Rudy Underwood and Lee Lemke. 

HB 272, by Rep. Clay Cox (R-Lawrenceville), presented what he termed as "LOST2" which creates a 50% rollback on property tax.   Another hearing will also be held on this Bill.

HB 942 was presented which would extend the current sales and use tax exemption permitted to entities which are contractors for the United States government.  This Bill would be of help to Lockheed.  HB 942 will have a second hearing.

Rep. Lynn Smith (R-Newnan) presented her sales tax holiday bills.  HB 951 (combination of school and energy efficient products' holidays), HB 952 (school tax holiday) and HB 953 (energy efficient tax product purchases exempt from sales tax) moved out to the full Committee. 

HB 1049, by Rep. Ron Stephens (R-Savannah), was presented.  This is known as the art SPLOST and would permit an incremental SPLOST to be implemented by cities and counties of up to one cent (done in 1/10 increments).  There were a number of questions raised at the end of the discussions, pertaining to the constitutionality of permitting two districts (such as two counties) to pass such a proposal.  Presently, SPLOST is for one county only.  Several entities spoke in favor of the Bill including the Cobb Chamber of Commerce, Fernbank Museum, and others.  This type of SPLOST would help preserve jobs and provide economic development opportunities to cities and counties.

Senate Special Judiciary Subcommittee

Sen. John Crosby (R-Tifton) presented SB 400 to the Committee today. SB 400 would allow juveniles to receive credit for time served in all institutions. This Bill also seeks to extend the maximum sentence for up to 30 days until July 1, 2012. Commissioner of the Department of Juvenile Justice, Albert Murray, testified that the Department is in full support of this measure. SB 400 received a "do pass" recommendation from the Subcommittee.

SB 308, authored by Sen. Mitch Seabaugh (R-Newnan) was also vetted by the Subcommittee today. This Legislation would expand the places that concealed permit owners could carry weapons. The changes made further define gun as an explicit explosive action weapon and knife as designed for purpose of offense or defense. Private property owners would be able to make the decision about their own policy on this issue. SB 400 passed as an amended committee substitute with only one dissenting vote.  

House Judiciary- Jacobs Subcommittee

HB 742, authored by Rep. Mary Margaret Oliver (D-Atlanta), was heard by the Subcommittee today receiving a "do pass" by committee substitute.  HB 742 would expand the individuals that could authorize medical treatment for an incapacitated individual beyond immediate family. Under this change, nieces, nephews, aunts, uncles, grandchildren, and adult friends are allowed to make medical decisions if no one else is available and there is no medical directive. Currently, 17 percent of Intensive Care Unit patients cannot make decisions and do not have anyone to speak for them.

House Rules Committee

The House Rules Committee set the following Rules Calendar for Tuesday, March 9, 2010:

• HB 956, addressing dismissals of appeals if improperly filed, was offered by Rep. Jay Powell (R-Camilla).
• HB 1002, increasing punishment for crimes against judges and court personnel, was proposed by Rep. Wendell Willard (R-Sandy Springs).
• HB 883, enactment of the Sanitary Activity for Food-processing Enterprises Act, was authored by Rep. Kevin Levitas (D-Decatur).
• HB 917, the Uniform Interstate Depositions and Discovery Act, was proposed by Rep. Mike Jacobs (R-Atlanta).
• HB 1015, expanding and changing provisions to street gang terrorism, was authored by Rep. Rich Golick (R-Smyrna).
• HB 1154, revising definition of the influenza vaccine, was authored by Rep. Sean Jerguson (R-Holly Springs).
• HB 1179, requiring hospitals to offer annually the influenza vaccine to employees, was proposed by Rep. Katie Dempsy (R-Rome).
• HB 984, which deals with income taxes and the levy or collection of local income taxes; was offered by Rep. Larry O'Neal (R-Bonaire).
• HB 1073 provides provisions to absentee ballots to uniformed and overseas voters, and was authored by Rep. John Meadows (R-Calhoun).
• HB 1135, authorizing the Department of Transportation to enter into multiyear contracts, was proposed by Rep. Jay Roberts (R-Ocilla).