HB 71, the Bill by Rep. Day (R-Tybee Island), passed with a unanimous vote of 45 to zero. It specifically amends O.C.G.A. § 16-9-4(g) to remove a defense to a charge of manufacturing, selling, or distributing false identification documents. Instead, it makes clear that it will not be a defense to a violation of this Code section that a false, fictitious, fraudulent, or altered identification document contained words indicating that it is not an identification document.

 

HB 100, the Bill by Rep. Ehrhart (R-Powder Springs) and carried on the Senate Floor by Sen. Johnson (R-Savannah), had heated discussion with many Democrats raising questions of whether the Bill was some sort of backdoor approach to get school vouchers. Sen. Johnson stated that the school voucher idea had been discussed and passed previously but the vouchers were for a specified population of students – those with "special needs." In HB 100, it amends Georgia's law in O.C.G.A. §20-2A-1 (created in 2008 from HB 1133) regarding educational improvement and student scholarship organizations. It clarifies the "eligible student" definition to make clear the student, who was an eligible student at the time he or she first received an educational scholarship or tuition grant, remains an eligible student so long as the student receives an educational scholarship or tuition grant from a student scholarship organization. In this Bill, it defines the term "obligate." Some of the more controversial language contained in this proposal deals with the tax credit permitted. The Bill strips out the caps of $1,000 (for single filing taxpayer) and $2,500 (for joint filing taxpayers) for this credit; rather, it proposes to impose a credit in the amount of what the taxpayer actually expended or 75% of the taxpayer's income tax liability, whichever amount might be less. Meanwhile, some lawmakers were really upset with the current law which permits a total of $50 million to be given in these credits per tax year. It finally cleared the Floor with a vote of 32 to 12.

 

HB 330, Rep. Coan's (R-Lawrenceville) Bill, made it through the Senate by a vote of 48 to zero. This group of amendments to Georgia's Worker's Compensation Law was vetted and approved by the Worker's Compensation Board's Advisory Council. In this Bill, it permits electronic transmission as a means of service, rather than purely by mail, of decisions of an administrative law judge and decisions of the appellate division to the address of "record" rather than the last known address; provides that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; and outlines the conditions under which employers from other states engaged in the construction industry with workers' compensation insurance coverage issued in such other states shall be considered to be in compliance with the requirement of providing insurance for payment of workers' compensation in Georgia:

 

 

HB 550, the initiative by Rep. Meadows (R-Calhoun), crashed and burned on the Floor. It proposed permitting an additional way in which a mutual insurer could make payments when converting from a mutual insurer to a stock insurer. The vote of this failed proposal was 23 to 26.

 

 

As mentioned above, the House reconsidered HR 673, a Resolution honoring President Barrack Obama, today on the Floor after having failed to receive a Constitutional Majority yesterday. Members of the Democratic Caucus opposed Speaker Richardson's (R-Hiram) plan to recommit the Resolution to the Rules Committee citing that the Legislation did not originate from the Rules Committee. Many argued that the Resolution should be considered on the Floor immediately. Rep. Heard (D-Athens), the author or the Resolution informed members of the House, that if the Resolution had passed yesterday, then Rep. Symre (D-Columbus), Minority Caucus Chairman, would have been presenting it to President Obama this morning. Rep. Keen (R-St. Simons) stated that if the Resolution was moved to the Rules Committee, the language could be corrected and come before the House once again. Eventually, HR 673 was recommitted to the Rules Committee 143 to 2.

 

HR 161, presented by Rep. Hugley (D-Columbus), calls for $709,090 in compensation for the wrongful incarceration of John Jerome White. Mr. White served time in prison after being convicted of a crime based on faulty eye-witness testimony. He was exonerated in 2007 by DNA testing. Opposition arose over the Resolution due to the fact that Mr. White had been convicted of a drug-related offense and a burglary attempt after being exonerated. Rep. Hugley cited that the money would be paid over a 30-year period, and if Mr. White is convicted of any other offenses, payments would cease. HR 161 passed 122 to 34.

 

SB 43, by Sen. Bulloch (R-Ochlocknee), seeks to define the role of "First Handler" in the role of cotton production as a person who owns or operates the gin where cotton is first delivered from the cotton grower. SB 43 passed 159 to zero.

 

SB 177, by Sen. Heath (R-Bremen), would amend provisions relating to retirement and pensions under the Employees' Retirement System (ERS), the Judicial Retirement System (JRS), and the Legislative Retirement System (LRS). SB 177 passed 161 to zero.

 

SB 193, by Sen. Grant (R-Milledgeville), authorizes the Department of Corrections to consider certain offenders for participation in transitional center or work release program during the offender's final year of incarceration. Essentially, it would prohibit those individuals becoming members of these "systems" after July 1, 2009 to not be entitled to certain group term life insurance benefits. It also amends "survivorship" benefits for these individuals.  SB 193 passed 166 to zero.

 

SR 333, by Sen. Powell (D-Blythe), honors the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him and the Region 5 Statesboro office of the GBI. SR 333 passed 158 to one.

 

The House will reconvene Monday, March 23, 2009, at 10 a.m.

With efforts winding down for the Session, most newly offered pieces have referred to "local" matters and are not general Code amendments. Below are recently dropped Bills and Resolutions:

 

HB 742 – Rep. Oliver (D-Decatur) proposed this set of amendments in Titles 31 and 29 to provide for additional individuals and entities the authority to make decisions and provide consent to surgical or medical treatment for incapacitated individuals. It permits in O.C.G.A. § 31-9-2(a)(6) that in addition to an adult child for his or her parents; the parent for an adult child; any adult for his or her brother or sister; and grandparent for his or her grandchild that also any adult grandchild can provide consent for his or her grandparent and that any other adult relative of the patient, including but not limited to, his or her niece, nephew, aunt or uncle can make this consent for the incapacitated individual. Additionally, an "adult friend" can provide consent. "Adult friend" is defined as that individual who has "exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The adult friend shall sign and date an acknowledgement form provided by the hospital or other health care facility in which the patient is located for placement in the patient's records certifying that he or she meets such criteria." If no such person exists, then the hospital or health care facility or any interested person may initiate proceedings for expedited judicial intervention to appoint a temporary medical consent guardian. There is an immunity provided (from civil and criminal liability as well as discipline for unprofessional conduct) provided to the hospital, health care facility, health care provider, or other person or entity when complying in good faith with these new provisions. It establishes in O.C.G.A. § 29-4-18 the appointment process for a "temporary medical consent guardian" including the petition requirements and court review which must be done within 72 hours after filing the petition. It further establishes who must be served copies of this petition (including the hospital administrator and primary treating position as well as interested parties). The court's authority is established in appointing this individual as well as the termination process of this temporary medical consent guardian (which could be by the court's removal; the effective date of a permanent guardian; the duration of the hospitalization or stay in that health care facility; or sixty days from the appointment as temporary medical consent guardian).

 

HB 758 – Rep. Ashe (D-Atlanta) offered a new Code Section to provide for grants for pilot projects to encourage the lengthening of the school year and the conditions and procedures relating to those grants in O.C.G.A. § 20-2-259.1. Grants would be awarded to one local school system and to one school not a part of such system which agrees to extend its school year to either a 200 or 220 day school year. It would require eligible school systems for these grants to have 6,000 or fewer full-time equivalent students. The grant would be available for three years to a school through its local board of education or to a local school system, conditioned upon agreement to length the school year for each of the three years. The grant would be equal to 20% (for the 200 day year) and 40% (for the 220 day year) to the amount that the local school system or school would otherwise have received had it not participated in the pilot. Teachers and other personnel (other than 12-month employees) would get a 10% salary increase for those that would implement a 200 day year and a 20% salary increase for the 200 day school year.

 

HB 759 – Rep. Marin (D-Duluth) authored this new Code Section idea at O.C.G.A. § 48-7-29.17 to provide an income tax credit for qualified citizenship expenses for low-income families (those with incomes of less than $41,300 annually in which the credit is claimed and allowed). This credit would not exceed $300 or the amount actually expended (whichever is less) for filing, application and biometric fees paid to the United States Citizenship and Immigration Services in connection with the N-400 naturalization application; enrollment costs for the qualified individual to attend an English language class (person has to be 18 at the time of the completion of the class); and costs of citizenship classes.

 

HB 760 – Rep. Houston (R-Nashville) proposed this amendment to Chapter 21 of Title 15 to expand the Brain and Spinal Injury Trust Fund. It would permit it O.C.G.A. § 15-21-140 that additional penalty assessments be imposed for violations relating to driving under the influence of alcohol or drugs; operating any type of boat, vessel, or other watercraft under the influence of alcohol or drugs; reckless driving; operating a motorcycle without protective headgear; or illegally parking in a space reserved for persons for disabilities to be paid in this Fund. Currently, only driving under the influence fines are paid to this fund. In O.C.G.A. § 15-21-149, it assesses a 10% additional penalty in addition to the original fine be imposed for those violations of O.C.G.A. § 52-7-12; O.C.G.A. § 40-6-390; O.C.G.A. § 40-6-315(a); or O.C.G.A. § 40-6-226(a),(a.1), or (b).

 

HB 767 – Rep. Scott (R-Tifton) offered changes to amend O.C.G.A. § 48-8-3, relating to exemptions from sales and use tax, providing an exemption with respect to the sale or use of firearms, ammunition, or both.

 

HB 768 – Rep. Peake (R-Macon) offered this Bill creating a new Code Section at O.C.G.A. § 48-29.17 providing for income tax credits for qualified reforestation expenses. The term "qualified reforestation expenses" means "expenditure of funds by the taxpayer in connection with the forestation or reforestation of commercial woodlands in this state, including, but not limited to, the costs of site preparation, seeds, and seedlings, labor and tool costs, and depreciation on machinery and equipment." A taxpayer would be allowed a credit against the tax imposed in O.C.G.A. § 48-7-20 for qualified reforestation expenses in an amount not to exceed the actual amount expended or $5,000 (whichever is less). Further, a taxpayer is permitted a credit in an amount not to exceed the actual amount expended or $25,000 (whichever is less) when the reforestation expenses are the result of damage and loss due to a natural disaster (e.g. hurricane, wildfire, tornado, and insect infestation).

 

HB 774 – Rep. Gardener (D-Atlanta) offered the following Legislation amending O.C.G.A. § 31-2-10, relating to the Department of Human Resources. This change would require the Department to develop guidelines relating to the incidence and treatment options of autism. Such guidelines would be required to include best practices on the identification and treatment of autism for health care professionals based on accepted studies. The Department would also be required to establish a definition for autism and its related disorders.

 

HB 785 – Rep. Martin (R-Alpharetta) proposed changes to O.C.G.A. § 35-3-153, stating that the Chief Medial Examiner is required to devote his or her full time and attention to the duties and responsibilities of the Office of Chief medical Examiner and would not accept private employment. This legislation comes in the wake of a recent news story on Dr. Kris Sperry, the GBI's Chief Medical Examiner, and his consulting work done outside the scope of his official duties.

 

HB 788 – Rep. Knox (R-Cumming) authored the following changes to amend Article 1 of Chapter 11 of Title 4, relating to animal protection. This amendment regulates euthanasia for dogs and cats by animal shelters or facilities operated for the collection of stray, neglected, abandoned, or unwanted animals. The use of sodium pentobarbital or a derivative of it would be the exclusive method for euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. The preferred method of injection of all animals would be required to be intravenous injection by hypodermic needle.

 

HB 792 – Rep. Murphy (D-Augusta) proposed the following changes to Article 11 of Chapter 6 of Title 40, relating to uniform rules of the roads. This proposal would require any dump truck, transit mixer, or other similar vehicles used in the transportation of aggregate material to be clearly and distinctly marked, so that it is readily identifiable in case the vehicle or its contents cause any damage to other users of the public highways. This change includes vehicles; operated entirely and exclusively within a marked construction zone, involved in maintenance of public roads, or involved in emergency operations when requested by a law enforcement agency or officer.

 

HR 648 – Rep. Houston (R-Nashville) proposed a Constitutional Amendment at Article III, Section IX, Paragraph VI, which would assess a fee equal to ten (10) percent of the original fine in any case in any court in this State in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs; operating any type of boat, vessel, or other watercraft under the influence; reckless driving; operating a motorcycle without protective headgear; or illegally parking in a space reserved for persons with disabilities.    These moneys would be added to the Brain and Spinal Injury Trust Fund. This Resolution is the companion of the Bill mentioned above.

 

HR 651 – Rep. Graves (R-Ranger) authored this Resolution creating the House Study Committee on Business Income Tax Elimination and Job Creation. This Resolution cites that gradual tax elimination will provide real stimulus to the Georgia economy through a policy that encourages growth and job creation in private sector rather than through the work of government itself. This Study Committee would stand abolished December 31, 2009.

The House Rules Committee set the following calendar for the Thirty-Fifth Legislative Day:

 

SB 122, by Sen. Goggans (R-Douglas), repeals the Georgia Retiree Health Benefit Fund. It creates the Georgia School Personnel Post-employment Health Benefit Fund and the Georgia State Employees Post-employment Health Benefit Fund. These newly-created funds will continue to provide for the costs of post-employment health insurance benefits for their beneficiaries. The funds in the Other Post-Employment Benefits (OPEB) trust fund, known as the Georgia Retiree Health Benefit Fund, will be reviewed to determine employer contribution source and subsequently transferred to the appropriate newly-created fund thereby ensuring that contributions made on behalf of a particular employee group are only used to cover the healthcare expenditures for that group’s retirees. The Department of Community Health will continue to be responsible for both funds. On August 31st 2009, the Board of Community Health will identify the funds held in OPEB by employer and transfer them to the appropriate newly-created fund.

 

SB 123, by Sen. Hawkins (R-Gainesville), regulates and permits licenses to pharmacy benefits managers by the Commissioner of Insurance including license requirements and filling fees.

 

SR 294, by Sen. Grant (R-Milledgeville), authorizes the conveyance of certain State-owned property in Baldwin, Bibb, Camden, Cherokee, Athens-Clarke, Emanuel, Fulton, Gordon, Gwinnett, Hancock, McDuffie, Telfair and Wilkinson counties. The State properties Commission has deemed these conveyances to be in the best interest of the State of Georgia and relate to utility easements.

 

 

Rep. Knox (R-Cumming) chaired what might be the last House Insurance Committee meeting of the 2009 Session. This meeting took up SB 165 by Sen. Goggans (R-Douglas). In explaining the Bill, Sen. Goggans reminded the Committee that Georgia's Medicaid and PeachCare programs had experienced growth in both numbers of members as well as costs due to services provided in the years 2000-2005. Previously, applicants for these benefits completed a "self-declaration" that they were eligible. That law was changed so that the Department of Community Health was required to verify income of these applicants. In the Bill before the Committee, the Department of Community Health was now being asked to validate this information and in doing so work jointly with the Department of Revenue to validate an applicant's income. When an applicant makes an application for these benefits, that applicant will be provided unique identifiers which will be shared with the Department of Revenue. The Department of Revenue will not be provided any information about the individual's health. Several Committee Members commented on their support for the Bill including Reps. Maxwell (R-Dallas), Davis (R-McDonough) and Meadows (R-Calhoun). Rep. Dollar (R-Marietta) inquired if there were "whistleblower" protections included; Georgia has whistleblower protections in place according to Rob Finlayson, the Inspector General with the Department of Community Health. Rep. Hugley (D-Columbus) inquired whether the State would know the results of this effort, if it were passed. Sen. Goggans indicated that it would take a year to know whether the law was successful (in terms of making sure that folks receiving these benefits were truly eligible). The Bill received a favorable recommendation and now moves to the House Rules Committee.

 

 

This afternoon, HB 68, the legislation by Rep. Sims (R-Ambrose), was sent back to the Senate Regulated Industries and Public Utilities Committee for further revisions. Rep. Sims' Bill addresses "preneed" funeral and cremation contracts. It also outlines the right of disposition, making clear in the law who may make the decisions on whether to bury, cremate, or donate a decedent's remains.