There was a tea party of sorts today at the Capitol.  Members of the group, Americans for Prosperity, were present protesting new taxes; instead, this group proposes imposition of the "Fair Tax."  Some of these folks turned out in response to yesterday's rally to impose an increase on Georgia's tobacco tax to help address current funding problems in the State's Budget.

A new Schedule has been adopted regarding "adjournment".  HR 1514 outlines the schedule for the period beginning March 11, 2010 through March 29, 2010.  The Legislature will be in Session on March 11, 2010 and then adjourn until Tuesday, March 16, 2010 when Lawmakers will be in Session for Day 25.  They will be in Session as follows from that point:

• Day 26 – March 17, 2010
• Day 27 – March 18, 2010
• Day 28 – March 22, 2010
• Day 29 – March 23, 2010
• Day 30 – March 25, 2010
• Day 31 – March 29, 2010

Floor News

House

• HB 956, addressing dismissals of appeals if improperly filed, was offered by Rep. Jay Powell (R-Camilla).   This legislation now moves to the Senate with a vote of 148 to one.
• HB 1002, increasing punishment for crimes against judges and court personnel, was proposed by Rep. Wendell Willard (R-Sandy Springs).  This initiative cleared with a vote of 152 to nine.
• HB 883, enactment of the Sanitary Activity for Food-processing Enterprises Act, was authored by Rep. Kevin Levitas (D-Decatur).  Rep. Levitas' legislation passed with a vote of 142 to 20.
• HB 917, the Uniform Interstate Depositions and Discovery Act, was proposed by Rep. Mike Jacobs (R-Atlanta). This Bill passed with a vote of 164 to two.
• HB 1015, expanding and changing provisions to street gang terrorism, was authored by Rep. Rich Golick (R-Smyrna).  Rep. Golick's Bill cleared with a vote of 162 to one.
• HB 1154, revising definition of the influenza vaccine, was authored by Rep. Sean Jerguson (R-Holly Springs).  This Bill passed with a vote of 163 to one.
• HB 1179, requiring hospitals to offer annually the influenza vaccine to employees, was proposed by Rep. Katie Dempsy (R-Rome). This initiative passed with a vote of 133 to 27.
• 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 984 passed 155 to zero.
• HB 1073 provides provisions to absentee ballots to uniformed and overseas voters, and was authored by Rep. John Meadows (R-Calhoun).  This Bill cleared the House with a vote of 161 to one.
• HB 1135, authorizing the Department of Transportation to enter into multiyear contracts, was proposed by Rep. Jay Roberts (R-Ocilla).  This Bill passed by a vote of 155 to four.

Senate

The Senate cleared Governor Perdue's water bill legislation, SB 370, by a Floor Substitute.  It essentially mirrors now the House version of the legislation with the outdoor watering restrictions.  It also addresses local governments' abilities to make changes to outdoor watering.

New Legislation

HB 1324 – Rep. Mark Butler (R-Carrollton) offered revisions to the legislation passed in 2009 creating the Department of Behavioral Health and Developmental Disabilities.  It contains a myriad of changes including:

• Adding a new Code Section at O.C.G.A. § 37-1-6 outlining what must be done when an action is brought against the Department, its board, the commissioner or an employee or agent or when an action is brought in which the Department could be held responsible for damages awarded.  It requires personal service of a second original process, issued from the court where the action is filed, to be served upon the commissioner personally or upon a person designated by the commissioner in writing to serve as agent for acceptance of that process.
• Amends O.C.G.A. § 37-1-21(a)(4) concerning its institutional powers and duties.  It strikes language concerning contagious or infectious nature of the disease of persons currently in law.
• Amends O.C.G.A. § 37-1-28 concerning conviction data for employment, eliminating district or county health agency.
• Strikes O.C.G.A. § 37-1-50 entirely dealing with hearing, powers of hearing examiner and qualifications.
• Clarifies O.C.G.A. § 37-1-70(2) concerning definitions relating to inspection warrants.
• Adds additional members to the Behavioral Health Coordinating Council in O.C.G.A. § 37-2-4(a).
• Addresses O.C.G.A. § 37-2-5.2 regarding the duties and functions of regional planning boards.
• Amends definition of "traumatic brain injury" in O.C.G.A. § 37-3-1(16.1).
• Amends O.C.G.A. § 9-1-152 concerning grounds for continuance due to attendance at a meeting of Board of Human Services and Board of Behavioral Health and Developmental Disabilities.
• Changes language in O.C.G.A. § 15-11-55 concerning dispositions of deprived children.
• Strikes current law in O.C.G.A. § 15-11-103 regarding placement of a child following a termination order, and adds new language concerning the entry of an order terminating parental rights.
• Amends O.C.G.A. § 17-8-30 concerning grounds for continuances for party or party's counsel in attendance at a meeting of Board of Human Services by adding that it would also apply to a meeting of the Board of Behavioral Health and Developmental Disabilities.
• Amends O.C.G.A. § 19-15-2 concerning the child abuse protocol committee requiring that the Office of the Child Advocate for the Protection of Children will provide training.
• Amends O.C.G.A. § 20-2-133 (previously added in SB 618 by Sen. Dan Moody for children in residential care being educated in those settings). It clarifies that these children may also be in the care or custody of the Department of Behavioral Health and Developmental Disabilities as well as Departments of Human Services or Juvenile Justice.
• Amends O.C.G.A. § 20-2-250(d) concerning pilot projects of schools to improve effectiveness.
• Alters O.C.G.A. § 20-3-513 concerning the determinations of the amounts of medical scholarships by the State Medical Education Board.
• Clarifies O.C.G.A. § 31-33-4 and mental health records.
• Clarifies electronic records to be kept pursuant to O.C.G.A. § 31-33-8.
• Amends O.C.G.A. § 45-9-4 regarding purchases of insurance or indemnity contracts.
• Amends O.C.G.A. § 50-5-69 concerning purchases made without competitive bidding.  It adds that the Commissioner of the Department of Behavioral Health and Developmental Disabilities (or his/her designee) would participate as a member of the Purchasing Advisory Council.
• Adds the Commissioner of the Department of Behavioral Health and Developmental Disabilities be added to the "State Use Council" in O.C.G.A. § 50-5-135.
• Amends the open records law in O.C.G.A. § 50-18-72(c)(2).
• It also repeals entirely Section 4 of Ga. L. 2008, at page 133 as approved on May 6, 2008.

HB 1328 – Rep. Roger Lane (R-Darien) offered changes in Titles 15, 14, and 46.  Among those changes include adjustments to fees paid to the Superior Courts.  For instance, uncertified copies of documents, when no assistance is required from the office of the Clerk, would be doubled from $.25 to $.50 per page.  Preparation of a record and transcript to the Supreme Court and Court of Appeals would be increased from $1.50 per page to $8.00 per page. Notary appointments' certificates would be increased from $13.00 to $20.00.

HB 1329 – Rep. Amy Carter (D-Valdosta) proposed a new Code Section for O.C.G.A. § 33-24-39.1 to require insurers to notify any person claiming to have a personal injury loss under an insurance contract of the statute of limitations of two years for bringing an action for injuries to the person.

HB 1332 – Rep. Bob Smith (R-Watkinsville) introduced amendments to O.C.G.A. § 48-5-32.1 to amend provisions relating to the certification of assessed taxable value of property and method of computation, resolution or ordinance required for millage rate, and advertisement of intent to increase property tax. It states that the "millage" will represent "the amount of tax, in dollars, on every $1,000.00 of net assessed value within the taxing jurisdiction required to fund the portion of the budget that must be funded by ad valorem property tax revenues for the fiscal year."

HB 1334 – Rep. Cecily Hill (R-Kingsland) offered this Bill amending O.C.G.A. § 16-12-100.1(3) to include cellular telephone transmissions as a prohibited method of transmission when furnishing obscene materials to minors.

HB 1335 – Rep. Stephanie Stuckey Benfield (D-Atlanta) offered this idea creating a new Code Section at O.C.G.A. § 21-2-237.  It will allow any person, who is at least 16 years of age and who is a student in a public, private, or registered home school and who otherwise meets all qualification of electors, to pre-register to vote.  The board of registrations in the county of residence will verify the address of that pre-registered voter not earlier than 120 days prior to such individual's eighteenth birthday, automatically registering the individual to vote.

HB 1336 – Rep. Barry Loudermilk (R-Cassville) proposed comprehensive revisions to the Georgia Technology Authority including its duties and procedures.  These revisions are made in Chapter 25 of Title 50.  Among other changes is that it also amends the record keeping practices for drivers' licenses and information on licenses in O.C.G.A. § 40-5-2.

HB 1338 – Rep. Joe Wilkinson (R-Atlanta) proposed amending O.C.G.A. § 40-6-228 relating to parking law violations for persons with disabilities. 

HB 1339 – Rep. David Casas (R-Lilburn) introduced this Bill amending O.C.G.A. § 28-5-42 requiring the submission of a Bill for a fiscal note when such Bill has a significant impact upon anticipated revenues or expenditures of a local school system.  These fiscal notes would in turn be required to be distributed to the local school superintendents. The State Department of Education is directed to cooperate with the Office of Planning and Budget and the State's auditor in providing information and assistance necessary for these fiscal notes.

HB 1340 – Rep. Lee Thompson (D-Lawrenceville) introduced this initiative in O.C.G.A. § 36-74-30 to provide that local governments may require owners of property for which a homestead exemption is not claimed to provide the tax commissioner or the city clerk with the name and address of an agent responsible for service of property maintenance issues associated with structures.

HR 1515 – Rep. Bob Smith (R-Watkinsville) authored this Resolution proposing creation of the Georgia Commission for Entrepreneurship Excellence, an effort to make Georgia the number one destination for entrepreneurs in the United States.  It would be comprised of 27 members (including Georgia Chamber of Commerce representation; Executive Director of the Georgia Council for the Arts; Editor of Atlanta Business Chronicle; chief economist with Standard & Poor's; director of the National Federation of Independent Businesses; six members who are experts in angel or venture capital investment or successful entrepreneurs; etc.).  This proposal also includes an eight member advisory group.  There would be staggered terms for the members and would require 15 members at a meeting in order to have a quorum to conduct any official business.  They would also be required to have an annual meeting to be known as the "Governor's Summit on Entrepreneurship."

SB 462 – Sen. Jim Butterworth (R-Cornelia) proposed this Bill adding a new Article 11 to Chapter 5 of Title 12 to be known as the "River Basin Protection Act."  Among its provisions is that it permits interbasin transfers of water as long as it has a permit from the Environmental Protection Division of the Department of Natural Resources.

SB 463 – Sen. Buddy Carter (R-Savannah) authored this amendment to O.C.G.A. § 21-2-132 providing for the nonpartisan election of solicitors-general.

SB 464 – Sen. Buddy Carter (R-Savannah) introduced this amendment to O.C.G.A. § 21-2-132 to allow for the nonpartisan elections of district attorneys, solicitors-general, sheriffs, tax commissioners, tax receivers, tax collectors, clerks of superior court, and county commissioners.

SB 465 – Sen. Buddy Carter (R-Savannah) offered this Bill amending O.C.G.A. § 21-2-132 so as to allow for the nonpartisan elections of tax receivers, tax collectors, and tax commissioners.

SB 466 – Sen. Buddy Carter (R-Savannah) proposed another initiative in O.C.G.A. § 21-2-132 to provide for nonpartisan elections of county commissioners.

SB 467 – Sen. Buddy Carter (R-Savannah) introduced this initiative in O.C.G.A. § 21-2-132 to allow for nonpartisan elections of sheriffs.

SB 468 – Sen. Buddy Carter (R-Savannah) proposed this Bill amending Chapter 2 of Title 21 providing for the nonpartisan election of clerks of superior courts.

SB 469 – Sen. Buddy Carter (R-Savannah) authored this Bill in O.C.G.A. § 2-2-132 providing for the nonpartisan elections of district attorneys.

SB 470 – Sen. Cecil Staton (R-Macon) offered this legislation amending O.C.G.A. § 16-9-151 and O.C.G.A. § 16-9-154, relating to computer security.  It makes it illegal to prevent reasonable efforts to block the installation, execution, or disabling of a covered file-sharing program on computers and makes it illegal to install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on a computer without first providing clear notice to the user of the computer that the files will be made available to the public.

SB 471 – Sen. Seth Harp (R-Midland) introduced amendments to Chapter 8 of Title 19 concerning adoptions of children.  It will require a home study by an evaluator prior to the placement of a child into the home of the adoptive parents by a third party who is neither a stepparent nor a relative and for that study to recommend placement.  It further addresses the surrender or termination of parental or guardian's rights where a child is to be adopted by a third party.

SB 472 – Sen. Johnny Grant (R-Milledgeville) offered this Bill adding a new subsection (c) to O.C.G.A. § 42-9-43 concerning information which is considered by the State Board of Pardons and Paroles to outline what must be reviewed to determine eligibility for a medical reprieve as authorized by Article V, Section II, Paragraph II of the State's Constitution.  It outlines what an "entirely incapacitated" offender is (requires assistance to perform at least two daily life functions (breathing, eating, utilizing a toilet, walking, and bathing) or who is completely immobile and has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others).

SB 475 – Sen. Donzella James (D-College Park)  authored an amendment to O.C.G.A. § 50-18-72 providing for an exemption from public records disclosure of certain law enforcement and emergency response records (those of a law enforcement agency, emergency 911 system, a public health agency or other similar agency) which contain audio or video recordings of personal suffering.

SB 477 – Sen. Robert Brown (D-Macon) authored this change to O.C.G.A. § 46-2-25 concerning the authority of a utility to recover from its customers the costs of financing associated with construction of a nuclear generating plant.  It would strip out language in subsection (c.1) of this Code Section.

Committee News

House State Planning and Community Affairs

Today, the Committee passed out HB 1134 encouraging State and local government partnerships. It would create an advisory council attached to Department of Community Affairs to encourage partnerships and identify opportunities for privatization.  An amendment was offered in the Subcommittee to require a nonprofit representative on the advisory council, but it was not included in the Substitute before the Committee.  The Committee passed two other bills, HB 203 (dealing with development authorities) and HB 1007 (addressing sales of property to political subdivisions).  It also took up a resolution by Rep. Clay Cox (R-Lawrenceville) which encouraged Congress to insist that "Presidential czars" be confirmed by the Senate.  The Resolution, HR 1146, received objection from the Democrats on the Committee, who in turn tried to table the Resolution which failed.  The Resolution passed.  Rep. Mike Jacobs' (R-Atlanta) Bill for bonding authority improvements was passed.  It will help DeKalb County.

House Ways and Means Committee – Public Policy Subcommittee

This Subcommittee cleared SR 277, the Resolution by Sen. Greg Goggans (R-Douglas).  It would impose a $10.00 trauma charge on certain passenger motor vehicle registrations in this state for the purpose of funding trauma care.  Those moneys would in turn be placed into the "trust fund" on a monthly basis. This proposal now must be considered by the full Committee.

House Committee on Children and Youth

This Committee, chaired by Rep. Judy Manning (R-Marietta), spent more than an hour with a panel of experts on children's issues and the impact of the numerous proposed cuts in the State Budget to Georgia's children.  The panel included Pat Willis (Voices for Children); Linda Lowe (Families First); Laura Lester (Atlanta Community Food Bank); Mary Frances Williams (Families First); and Sally Fitzgerald (Georgia PTA Association).

Some of the concerns raised included:

• Early Care and Learning and spending for Georgia's Pre-K program
  • $6 million is being cut from lottery funding, creating hardships on providers
  • $1.5 million is being cut from the Child Care Development Block Grant in FY 2011 Budget
  • Lottery dollars are held flat for Pre-K in FY 2011 yet it requires an additional 2,000 children to be served (using 75% of the current funding for Resource Coordinators to fund these additional children)
  • There is currently a $4,000.00 per child allotment from Lottery dollars for Pre-K; there have been no increases in this allotment in ten years.
  • There is a proposal to implement a sliding fee scale for Pre-K; this would violate the concept of universal access for children.
  • Lottery reserves could be used to help funding.
• Medicaid and PeachCare funding
  • Cuts are being made to providers of 1.98%.  These cuts total $26.1 million in State dollars or a total with federal funding in the amount of $105 million. Providers cannot sustain these types of cuts as rates paid in Georgia are among the lowest in the nation.  There are access problems now for individuals to get services; the cuts would worsen these access issues.
  • Dental providers would be among the hardest hit.  Their last increase was in 2001.  Children with dental issues are now being served in emergency rooms because of the lack of dental providers.
  • Pediatricians are also hit hard with the proposed rate cuts. Many pediatricians are now dropping out of the program (50% are reducing their Medicaid patient base; 30% are dropping Medicaid patients altogether).
• Eligibility determination for Medicaid and PeachCare benefits
  • 137 eligibility workers are proposed to be eliminated.
  • While enrollments in Medicaid and PeachCare have not been as high as expected, this may be due to the fact that individuals cannot get through the enrollment process.
• Grants-in-aid to public health
  • These grants are being cut.  In FY 2011, cuts are another eight percent. 
• Food and hunger issues
  • There has been a 46 percent increase in the need for emergency food assistance since 2006. Agencies such as the Atlanta Community Food Bank cannot meet the needs.  Today's demands are the greatest in 30 years.
  • Again, eligibility for public benefits (using services of the eligibility workers through the Department of Human Services), cannot be accessed because of the lack of staff.
  • For every $5.00 of food stamps, that amount generates more than $9.00 in economic benefit to the community (employment of individuals at grocery stores, drivers to get groceries to stores, etc.).
  • Only 65 percent of individuals eligible for food stamps are accessing the program; these are all federal dollars so Georgia is leaving money on the table in Washington.
  • Suggestions for improvements: IT improvements will help the food stamp and eligibility issues; investments in eligibility workers; and enhance community partnerships.
• Child welfare cuts are enormous and numerous
  • Highlighted cut to the Committee was the independent living program which is proposed to have a $700,000 cut (ten percent to the total program) in FY 2010 amended Budget.  The total program is $7.8 million (of this $2.4 million is State funding). In 2009, there were 5,800 children eligible for this program yet only 4,500 were served.
• Education cuts
  • There were numerous cuts outlined.  Many initiatives are eliminated if they are not required for graduation.  Additionally, local salary supplements are being eliminated – these have been used to make jobs in the local school districts more attractive.  They have also proposed elimination of extracurricular stipends (the moneys for coaches' salaries and band directors' salaries). Bus transportation costs are on the chopping block (solutions have been proposed to reduce the number of school days or alternatively move to a four-day school week).
  • A solution was proposed to eliminate the school vouchers for those children with special needs which are costing the State $50 million.

Senate Insurance and Labor Committee

Sen. Ralph Hudgens and his Committee had a lengthy meeting today, taking up several Bills.

• SB 411, Sen. Hudgens' Bill creating the "Healthy Georgians Act of 2010" passed by Committee Substitute today.  It would allow in O.C.G.A. § 33-29-23 insurers to offer incentives to individuals who participate in wellness programs, and in return, those incentives would not be considered as unfair trade practices.
• SB 330, by Sen. Preston Smith (R-Rome), also passed out of Committee today by Committee Substitute.  It proposes essentially three things: permits an insurer to include individuals up to and through age 25 to be covered by insurance under their parent's insurance policy; prohibits health insurers from rescinding or canceling policies or denying claims based on misstatements or omissions made by individuals; and eliminates annual and lifetime benefits in policies.  The Georgia Association of Health Plans spoke against the measure while the Medical Association of Georgia praised its provisions.
• SB 407, by Sen. Judson Hill (R-Marietta), which would permit the selling of insurance policies across state lines, also passed with Sen. Hudgens breaking a tie vote.  Many advocates fear that this Bill will not provide the consumer protections necessary and would permit Georgians to be sold insurance without the mandates which have been passed by the Georgia General Assembly (examples would be direct access to obstetricians and gynecologists and colorectal and other cancer screenings). Numerous individuals spoke to the content of the Bill.