March 18, 2009
Eight Legislative Days Left for the 2009
And then there were eight…
The General Assembly is now down to the remaining eight Legislative Days for the 2009 Session. The most pressing issue of the Session will take the House Floor tomorrow, the FY 2010 Budget, as it was passed out of the Full Appropriations Committee this morning. Legislators are hustling to finish "The People's Business" in the remaining days.
Floor News
Senate
Three Bills cleared the Senate Floor this morning. The legislation was addressed after numerous personal points of privilege were extended to Senators. One point was especially interesting when Sen. Don Thomas, M.D. (R-Dalton) took the Well asking the House to take up his amendment to Georgia's seatbelt law. Sen. Thomas, a family practice physician, has been working steadfastly on amending Georgia's law in an effort to get more folks to wear seatbelts in an effort to save lives.
HB 157, a Bill by Rep. Harbin (R-Evans), passed out of the Senate with a vote of 47 to 2. The legislation amends softens the "triggers" for reductions in HOPE scholarship program benefits and the Lottery Fund shortfall accounts. It includes a new definition for "highest year-end balance."
HB 80, the Bill by Rep. Maxwell (R-Dallas) and presented by Sen. Murphy (R-Cumming), sailed through with a vote of 49 to zero. A similar initiative passed last Session but caught up in the final moments of the Session. This Bill changes the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee so that they will be treated just like publicly traded entities. It drops the current number of 100 employees to two employees for these entities to get insurance for their employees. The change is inserted at O.C.G.A. §33-24-6(a)(5).
The final Bill on the Floor was HB 202, by Rep. Maxwell (R-Dallas) and carried by Sen. Heath (R-Bremen). This Bill contains a series of amendments in Title 47 including providing for a maximum amount of compensation to be used for computing contributions and benefits; payment of benefits; language permitting rollover of certain funds; and a limit on benefits. The terms of "annual compensation" and "determination of benefits" are defined in a new Code Section at O.C.G.A. § 47-1-13.1. No questions were raised and no amendments were presented. The Bill passed by a vote of 53 to zero.
House
The House passed a measure today that would require more stringent standards on food processors. SB 80, authored by Sen. Bulloch (R-Ochlocknee), would require food processors to report lab results to the Department of Agriculture within 24 hours of receiving them. Furthermore, this measure would require those records to be kept by the processor for a minimum of two years and readily available to the Department of Agriculture. SB 80 passed the House 158 to zero.
HR 334 received more opposition on the Floor than SB 80. HR 334, offered by Rep. Keen (R-St. Simons) urges the Untied states Congress to oppose any efforts to enact the Freedom of Choice Act or any similar legislation aiming to remove the power of governments to restrict access to abortions. Though receiving opposition, HR 334 passed 92 to 55.
The House will reconvene tomorrow, Thursday, March 19, 2009 at 10 am.
New Legislation
SB 272 – Sen. Brown (D-Macon) proposed the following amendments to O.C.G.A. § 46-2-25, relating to the procedure for changing any rate, charge, classification, or service, so as to provide that a utility that recovers from its customer the costs of financing associated with the construction of a nuclear generating plant shall provide customers with disclosure of the exact amount charged. This Bill would only become effective upon passage of it and of SB 31.
SR – Douglas (R-Social Circle) authored the following Resolution expressing opposition to requiring private health insurers to pay for the treatment of veterans' service connected injuries and disabilities.
Committee News
Senate Government Oversight Committee
Sen. Unterman (R-Buford) passed out a new Substitute to HB 228, Rep. Butler's (R-Carrollton) Bill reorganizing the Department of Human Resources. Sen. Grant (R-Milledgeville), the author of the Senate version of this idea, presented HB 228 to the Committee. The Substitute essentially makes HB 228 mirror SB 222 with some minor "tweaks" included. Public Health is moved to the new Department of Health in this proposal, just like it is in SB 222. Some of the tweaks include creations of definitions for the terms "developmental disabilities," "addictive disease," and "state hospital administrator" so that these definitions will be included at the outset now of Title 37 and follow through the entire Code rather than be defined several different times and in different ways. Two speakers spoke to the new Substitute: Pat Nobie (Governor's Council on Developmental Disabilities) and Kim Raymond (Senior Citizen Advocacy Project). Both favored the new proposal but raised issues relating to the functions of the Office of Regulatory Services and oversight duties. Ms. Raymond had issues concerning those individuals abused or exploited in long-term care facilities and Ms. Nobie raised concerns relating to citizens in host homes or community living arrangements who might be abused. HB 228 was passed out with the amendments made to the new Substitute. Sen. Unterman committed to everyone that she would work on the legislation as it heads to Conference Committee.
HB 108, by Rep. Bryant (D-Savannah), passed out of this Committee. It is the naming of a civil rights museum in Savannah, which would be known as the "Ralph Mark Gilbert Civil Rights Museum."
SB 143, the Bill by Sen. Brown (D-Macon), was given a hearing today and no vote was taken. It would amend O.C.G.A. § 50-14-1(b) to place a time certain for contesting an alleged violation of the law requiring 90 days of the open or closed meeting of a local county or city's action on final approval or disapproval of the acquisition of real estate. His idea would make the period not commence until minutes of that meeting at which the alleged violation occurred has been made public. Neither Georgia Municipal Association nor Association of County Commissioners spoke at this meeting.
Senate Regulated Industries and Public Utilities
Sen. Shafer (R-Duluth) hosted a Committee meeting this afternoon clearing out three House proposals.
-
HB 302, Rep. Hamilton's (R-Evans) Bill, passed which would address erroneous charges on telephone bills and specifically those non-affiliated third party charges. It permits customers to block services and fees of items which they did not order.
-
HB 68, by Rep. Sims (R-Ambrose), passed. It came out in a Substitute and deals with pre-need funeral and cremation contracts. It contains language for "self-determination;" permits storage of cremated remains; creates an order of "majority rules" when families vary on their wishes and the decedent has not directed his or her desires; etc. The State Board of Funeral Services signed off on the initiative according to testimony and the Bill received input from the public.
-
HB 473, by Rep. Harbin (R-Evans) and carried by Sen. Stoner (D-Smyrna), cleared. This Bill permits the use of stimulus money for a clean energy grant program. In the Substitute as presented, it deletes the reference to a "single family" from the grant eligibility mirroring what is now in federal law. Georgia will receive $80 million and the grant program will be administered by the Georgia Environmental Facilities Authority. Individuals who receive the grant cannot also claim a tax credit; this Bill makes this prohibition clear.
Senate Rules Committee
This Committee placed four pieces of legislation on its Rules Calendar for Thursday:
HB 210, by Rep. Meadows (R-Calhoun), which clarifies the employer's responsibility for making payments to the Georgia Judicial Retirement System.
HB 229, by Rep. Coleman (R-Duluth), which proposes to create the "Student Health and Physical Education Act."
HB 343, by Rep. Collins (R-Gainesville), which would provide for the position of weight inspector for the Motor Carrier Compliance Division of the Department of Public Safety.
HB 436, by Rep. Parsons (R-Marietta), which would require the Georgia Technology Authority to prepare an annual report of its ongoing and completed projects.
House Appropriations-Full Committee
The full House Appropriations Committee met Wednesday morning for final passage of the State Fiscal Year 2010 Budget, HB 119. The Subcommittee Chairs had worked vigorously on the Budget over the weekend and had included the House green door committee views before the final presentation. Chair Ben Harbin (R-Evans) summarized the high points before the Committee unanimously approved the Budget, sending it to the Floor on Thursday of this week. The FY 2010 Budget includes a $1.6 billion cut in state funds from the lowered revenue estimate and actually represents about $3.1 billion fewer state dollars than in the original SFY 2009 Budget. The Committee has taken $1.4 billion in federal stimulus money into the FY 2010 Budget, helping curtail the pain of the lowered state revenue.
Rep. Harbin first proudly asserted that the Governor's proposed cuts to hospitals and other providers, 10 and 6 percent, respectively, had been restored by using the new federal matching rate for Medicaid. The medical education funds for Mercer and Morehouse were funded. Nursing homes were able to achieve the fair valued payments, enabling them to draw down other federal funds. Trauma care was funded with an additional $10 million of state funds for a total $33 million amount, including the higher fines for super speeders. The Committee also did not lower the State's share of employee health insurance from 75 to 70 percent.
He accented that education at all levels constituted 46.16 percent of the entire Budget, and therefore was not immune from reductions, but that the federal Title 1 funds had enabled QBE funds to rise over 2009. The raise for certified teachers had been proposed and all new enrollment was covered at the elementary, secondary, technical and university education levels. Funding for the school nurses was also restored
House Rules Committee
The House Rules Committee set the following Calendar for the Thirty-Third Legislative Day:
SB 76, authored by Sen. Hudgens (R-Hull), removes the requirement for workers' compensation insurers to submit an annual report to the Department of Insurance.
SB 79, offered by Sen. Harp (R-Midland), seeks to expand access to child abuse records, from only fatalities as is the case currently, to cases with near fatal abuse.
SB 110, offered by Sen. Bulloch (R-Ochlocknee), allows individuals who are duly authorized by the State, county or municipality to trap beaver upon the right of way of any public road or highway.
SB 111, also offered by Sen. Bulloch, allows any sized light which is carried on a person, affixed to a helmet or a hat or worn as a belt system to be used in the hunting of raccoons, opossums, foxes or bobcats.
HB 119, the FY 2010 Budget was also placed on the Supplemental Calendar for tomorrow.
House Judiciary Civil Subcommittee (Jacobs)
Sen. Wiles (R-Marietta) presented the Subcommittee with SB 213 today. SB 213, relating to torts, would codify a 1982 ruling placing burden on the Plaintiff to prove that the manufacturer of a product caused harm. A manufacturer would not be held liable just because they produce a product and brought it into the State. Sen. Wiles stated that this piece of Legislation in its current form is a compromise from people on both sides of the issue. The Georgia Trial Lawyers Association is okay with the current language of the Bill.
SB 213 passed the Subcommittee unanimously with one amendment adding the word liability after enterprise, changing O.C.G.A. § 51-1-11 to read as follows:
(d) Irrespective of privity, a manufacturer shall not be held liable for the manufacture of a product alleged to be defective based on theories of market share or enterprise liability, or other theories of industry-wide liability.
(e) Irrespective of privity, a manufacturer of a product alleged to be defective shall not be held liable for a public nuisance based on theories of market share or enterprise liability, or other theories of industry-wide liability.
House Judiciary Non-Civil (Ramsey)
SB 69 passed unanimously out of Subcommittee today, before a large audience. SB 69, authored by Sen. Unterman (R-Buford) expands the definition of sexual exploitation to any person that exploits a minor. Under current law, parents and guardians of children are the only individuals that maybe charged with this offense.
House Ways and Means- Tax Reform Subcommittee
SR 1, offered by Sen. Rogers (R-Woodstock), received a favorable recommendation from the Subcommittee today. SR 1 seeks to amend the Constitution by requiring revenue surpluses to fund certain priorities before any other matters. A surplus must first be used to fund increases due to student enrollment for local school systems. Secondly the surplus must be used to the extent necessary to ensure that the fund balan1ce is at least 10 percent of the previous fiscal year's net revenue for any given fiscal year and finally the monies must be used to reduce the state of indebtedness or provision of tax relief to the taxpayers.
House Retirement Committee
House Retirement Committee
SB 122 was presented to the Committee today by its author, Sen. Goggans (R-Douglas). SB 122 divides the Georgia Retiree Health Benefit Funds into two funds, one for State employees and one for school system employees. Sen. Goggans states that under the new regulations, the two should not be commingled. SB 122 received a favorable recommendation from the Committee and will be carried by Rep. Channell (R-Greensboro) in the House.
SB 109 also received a favorable report from the Committee today. Sen. Smith (R-Rome Presented his Bill to the Committee which creates one Judicial Retirement System.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.