Lawmakers were back to the grindstone today, rushing from meeting to meeting. A special appearance was made under the Gold Dome today by Mayor Kasim Reed, to address the House of Representatives. Mayor Reed urged cooperation between the Legislature and the City of Atlanta, affirming that he believes that the City of Atlanta and the State of Georgia can work together to keep Georgia the Capital of the South. He called for both sides to put inconsequential differences aside to wade through what is proving to be one of the most challenging times facing the State and the City of Atlanta. 

Floor News 

House 

HR1168, Speaker Ralston's changes to the Rules of the House passed today. These changes eliminate the "Hawk" positions and change the length of Morning Orders. Chairman of the Rules Committee, Rep. Bill Hembree (R-Winston), presented the Bill; he warned that Structured Rules would only be used on rare occasions in order to open up the Floor to greater debate and amendments. Rep. Dubose Porter (R-Dublin) lauded the changes, stating that they are a move in the right direction. 

Senate 

The Senate passed out a proposal today authored by Sen. Heath (R-Bremen). SB 306 allows drivers to use hands free devices such as "Bluetooth" devices while operating a vehicle. The way the law is currently written, drivers could be ticketed for using such devices, and occasionally officers would issue these citations. The passage of SB 306 clears up this confusion. 

New Legislation 

HB 201 – Rep. John Lunsford (R-McDonough) proposed changes to Title 16, relating to dangerous drugs. A new paragraph is added to O.C.G.A. §16-13-71, making "Salvia Divinorum A" a dangerous drug. Furthermore, at O.C.G.A. §16-13-71 a paragraph is added, defining the permissible possession of this plant; possession, planting, cultivation, growing, or harvesting of Salvia Divinorum A is strictly for aesthetic, landscaping, or decorative purposes.

HB 1027 – Rep. Rob Teilhet (D-Smryna) offered changes to Title 21 and Title 45, relating to general provisions for ethics in government and general provisions for conflicts of interest, respectively, so as to change provision relating to membership on the State Ethics Commission. This provides that members serving on the Commission prior to July 1, 2010, will ser e for a term of office which expires July 1, 2010. A new code section added at O.C.G.A. §45-10-29, providing that any compliant brought before or filed with the Commission undergo a preliminary hearing, at this point no notice will be given until cause deems it necessary.  

HB 1029 – Rep. Austin Scott (R-Tifton) authored amendments to Title 48, relating to the imposition, rate, computation, and exemptions regarding income taxes, so as to abolishj state income tax for corporations. These changes would apply to any taxable year beginning prior to January 1, 2011. 

HB 1031 – Rep. Mary Margaret Oliver (D-Atlanta) proposed changes to O.C.G.A. §20-2-690.1, requiring new residents in a school system to enroll their child within 30 days of moving to the new system. These changes provide that the person who fails to enroll the child will be guilty of a misdemeanor. 

HB 1033 – Rep. Rob Teilhet (D-Smryna) offered an amendment to O.C.G.A. § 24-4-60, which would require any person who is arrested for a felony offense or sex offense on or after July 1, 2010 to have a sample of his or her blood, an oral swab, or a sample obtained in a noninvasive way taken for DNA. This amendment would also require an analysis to be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The DNA would then be stored in a databank. 

HB 1034 – Rep. Austin Scott (R-Tifton) proposed changes to Title 14, requiring corporations, partnerships, and associations to register the names and addresses of persons who have substantial responsibility for managing the business of the limited partnership and whose positions are similar to a chief executive officer, a chief financial officer, and a secretary. 

HB 1037 – Rep. Austin Scott (R-Tifton) authored a new paragraph at O.C.G.A. § 48-7-21 reading as follows: 

For all taxable years beginning on or after January 1. 2011, there shall be subtracted from taxable income an amount equal to 50 percent of the total new amount of long-term capital gains subject to federal income taxation. 

HB 1038 – Rep. John Lunsford (R-McDonough) proposed changes to Title 48, relating to income tax, so as to provide for an income tax credit for physicians who provide indigent care services. Under these changes indigent care services are defined as medical services provided to an indigent person in this state by a physician for which the physician receives no Medicaid reimbursement. These changes would apply to services provided on or after January 1, 2011 and prior to January 1, 2012. In no event will the total amount of the tax credits in this Bill exceed the physician's income tax liability. 

HR 1203 – Rep. Butch Parrish (R-Swainsboro) authored an amendment to the Constitution at Article VIII, Section VI, to provide that the sales and use tax for educational purposes may be imposed in the whole or in part for maintenance and operation of public schools. 

SB 334 – Sen. Judson Hill (R-Marietta) offered changes to Title 16, which would make a crime of medical identity fraud. Under these changes, a person commits the offense of medical identity fraud when he or she willfully and fraudulently for the purpose of obtaining medical care, prescription drugs, or other health care services or money or other financial gain: 

Without authorization or consent, uses with intent to fraudulently use identifying information concerning an individual. Using the identifying information of an individual under 18 years old over whom he or she exercises custodial authority. Fraudulently uses any counterfeit or fictitious identifying information concerning a fictitious individual with intent to use such information for the purpose of committee or facilitating the commission of a crime. 

Any person found to be guilty of this crime, will be punished by imprisonment no less than two years and no longer than ten years and by a find not to exceed $100,000. 

Committee News

House Rules

The House Rules Committee placed HB 651, providing information to schools on sexual offenders and HB 926, providing exemptions on certain renewals or the restructuring of loans, on the Calendar for Monday, February 1, 2010. 

House Education 

SB 84 was on the agenda today. Rep. Jim Cole (R-Forsyth) presented his Bill to the Committee, this is the same Bill that passed the Committee last year, but was caught up in the politics of the last few days of session. SB 84 would require school board members to undergo training before becoming a board member and would prohibit nepotism within the school system. However, current board members would be grandfathered in, so that the nepotism provision would not affect them. Rep. Cole stated that this is in an effort to curb the number of schools on the verge of loosing accreditation.  No vote was taken on this Bill today. 

Rep. Howard Maxwell's HB 909 (R-Dallas) would allow for the sexual offenders registry to be electronically submitted to school systems. This is an effort to save money on printing and shipping costs. This Bill passed unanimously.  

HB 908 authored by Rep. Casas (R-Lilburn), is the same language that passed the General Assembly in the 2009 Legislative Session; however, Governor Perdue vetoed it because additional language had been tacked onto it. This Bill would extend expenditure controls to school systems and provide flexibility to school systems in order to save money.

Rep. Lindsey (R-Atlanta) offered an amendment to the Bill which would allow school systems to opt into the greater flexibility option.  This amendment was held.  Rep. Benton (R-Jefferson) also held his amendment that would allow for increased class sizes. A vote will be taken on HB 908 in two weeks. 

House Appropriations – General Subcommittee 

The General Subcommittee of House Appropriations worked on the Amended FY 2010 Budget today.  Commissioner of the Department of Audits, Russell Hinton, presented this Budget to the Subcommittee. The Amended FY 2010 Budget reflects reductions of five percent in addition to statewide changes. These reductions bring the Department of Audits back to its 2006 level of funding, representing a 15 percent decrease since the FY 2009 Budget was appropriated. 

As in all departments and agencies, three mandatory furlough days have been taken by the staff of the Department. Reductions to the State Health Benefit Plan have been made, as well as a reduction in workers' compensation. A $1.3 million reduction was taken in personal services. Additionally, eleven positions have been permanently eliminated. The decrease in staff has impacted the timeliness of some audits.  By the close of the year two years ago, the Department had nearly 82 percent of audits completed, at the close of FY 2009 only 52 percent had been completed. 

Senate Judiciary 

The Senate Judiciary Committee held their first meeting of the 2010 Legislative Session today. Chairman Preston Smith (R-Rome) expressed concern about the Committee's relationship with the State Bar of Georgia. He conveyed his apprehension about the very expensive ads that the State Bar is airing on local television stations in order to influence the Legislature. Hearings will be held to address these concerns per the Chairman.

Sen. Chip Pearson (R-Dawsonville) presented SB 235 to the Committee. What SB 235 seeks to do is prohibit anyone from being forced to have a microchip implanted in their body, as our body is the only thing that constitutionally belongs to an individual. This Bill simply says that a person cannot be implanted against their will. SB 235 passed unanimously out of Committee 

SR 795 was held and placed on the Committee's Agenda for Monday. 

Senate Health and Human Services 

The Senate Health and Human Services Committee passed out a Committee Substitute on SB 315, "Volunteers in Healthcare Act" proposal despite several questions remaining over the Bill. The Bill allows medical and veterinary professionals who are licensed in their home states to volunteer their services in Georgia during a declared state of emergency with mass casualties like a hurricane, earthquake or terrorist event.   The Bill does have a tightened definition for "emergency" and more stringent definition for "health facility".  Clarifications were made to "volunteer health practitioner", stating that the person cannot be paid for services performed as a result of the emergency. 

The Committee placed the dental services bill, SB 146, in a Subcommittee chaired by Sen. David Shafer (R-Duluth).