Budget Woes Pressing on the Minds of Everyone

Lawmakers were buzzing in the halls today of the Capitol.  Budget woes are pressing on the minds of everyone – now rumors are swirling that perhaps an increase in Georgia's tobacco tax may be "the silver bullet" to fix the issues and the gaping hole in the Medicaid Budget.

Floor News

House Floor

A moment of silence was taken by the House of Representatives, in memory of Judge John "Jack" Ruffin, who passed away on Friday at his home. Judge Ruffin retired in 2008 as a Judge for the Georgia Court of Appeals. He started out as Augusta's first African-American Superior Court Judge and was known for his contributions to the community.

Rep. James Mills (R-Gainesville) presented HB 926 on the House Floor today. As Chairman of the House Banks and Banking Committee, Rep. Mills informed the House that this Bill passed out of his Committee with overwhelming support. Rep. Mills urged the House to favorably consider this Legislation, as it would help all constituents. HB 926 adds new language to the Code as follows:

A renewal or restructuring of a loan as a new loan or extension of credit following the exercise by the bank of reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limits of this Code section, unless:

(A) New funds are advanced by the bank to the borrower, except as permitted under this Code section;

(B) A new borrower replaces the original borrower; or

(C) The department determines that a renewal or restructuring was undertaken as a means to evade the bank's lending limit."

HB 926 passed 165 to one and Rep. Mills asked for immediate transmittal.  Rep. Bobby Franklin (R-Marietta) was the "no" vote today.

Rep. Amy Carter (D-Valdosta) took the Well today to present her Legislation, HB 651. This Legislation would allow for the sexual offender's registry to be sent to school systems via electronic means as opposed to through the mail.  HB 651 passed 166 to zero.

The House and the Senate will hold a Joint Session on Thursday at 11 a.m. in order to hear the State of the Judiciary address.

New Legislation

HB 1023 – Rep. Tom Graves (R-Ranger) authored this Bill amending Titles 14 and 34 seeking to provide for tax relief and encourage employment opportunities and business stimulation. A waiver of certain filing fees for corporations, partnerships, and associations, would be granted. These changes also provide that a portion of net long-term capital gains will be excluded from state taxable income of corporations and individuals.  Businesses that hire previously unemployed persons would additionally receive a tax credit.

HB 1024 – Rep. Austin Scott (R-Tifton) proposed the "Jobs, Opportunity, and Business Act of 2010," amending O.C.G.A. § 48-8-49(b). This Act intends to provide for tax relief and encourage employment opportunities and business stimulation. It also eliminates the requirement for dealers to make returns and remittances with respect to estimated sales and use tax liability.

HB 1038 – Rep. John Lunsford (R-McDonough) authored a new Code Section for O.C.G.A. § 48-7-29.18 providing an income tax credit for physicians who provide indigent care services.  "Indigent care services" is proposed to mean those "medical services provided to an indigent person in this state by a physician for which the physician receives no Medicaid reimbursement."  This "credit" would be permitted against the tax imposed in O.C.G.A. § 48-7-20 for those indigent services provided on or after January 1, 2011 and prior to January 1, 2012.  The credit would be $1,000.00 or the actual total amount of Medicaid reimbursement to receive those services, whichever is less.  This credit would increase annually in years 2013, 2014 and thereafter up to $4,000.00.

HB 1040 – Rep. Jimmy Pruett (R-Eastman) introduced an amendment to O.C.G.A. § 43-26-12 "Georgia Registered Professional Nurse Practice Act" to provide that the performance of health maintenance activities by a designated caregiver for an individual with disabilities (mental or physical impairments as defined under State or federal law), under certain conditions (written order of an attending physician, or a nurse practitioner, or physician assistant working under a nurse protocol or job description), will not require licensure as a registered professional nurse.  "Health maintenance activities" is a defined term meaning those activities which will "enable an individual with disabilities to live as independently as possible in a home or community setting and include identified specialized procedures, beyond the activities of daily living, which the licensed attending physician, or nurse practitioner, or physician assistant working under a nurse protocol or job description, respectively, has determined in writing can be performed outside a hospital or nursing home setting."

HB 1041 – Rep. Bubber Epps (D-Dry Branch) offered this Bill which also amends current law on approval of tax digests when property is in arbitration or on appeal in O.C.G.A. § 48-5-304.  It will eliminate certain conditions under which digests are not approved by the State's revenue commissioner for 2010 tax year and thereafter.

HB 1046 – Rep. Wendell Willard (R-Sandy Springs) introduced this amendment in Chapter 11A of Title 15 relating to its Family Court Division of the Superior Court of Fulton County (Atlanta Judicial Circuit) as a pilot project.  This Family Court Division Pilot initiative would have its duration determined by a majority of the Superior Court of Fulton County judges.

HB 1049 – Rep. Ron Stephens (R-Savannah) authored this set of revisions to Chapter 8 of Title 48 in an effort to provide for increments of less than one percent sales tax to be approved by local voter referendum and used to fund locally determined projects/needs which would better or support the community's cultural or other locally determined qualified projects that would enhance economic development in that area. It defines in O.C.G.A. § 48-8-240 "artist and support organization" as an organization which is a "qualified local cultural organization that has average annual gross revenues less than $75,000.00 for its past three fiscal years."  "Qualified local cultural organization" is a "private not for profit arts and cultural organization having as its primary purpose the advancement of art, music, theatre, dance, history, natural history, animal sciences, or botanical research or the advancement and preservation of plant sciences through horticultural display that is serving the public and advancing local economic and cultural development and strengthening local education" and that meets five other qualifications (such continuously producing cultural programs for a period of not less than five years; is a Section 501(c)(3) entity; open to general public with or without a fee or permits 50% of participants to receive academic credits; has public financial information and has an audit if its annual gross revenues are greater than $250,000.00 annually; and is not an agency of the state). This "tax" could be levied on and after January 1, 2011, if passed, in one-tenth of one percent increments.  The process is outlined on how the money would be distributed to the supervising organization (on a quarterly basis).

HR 1224 – Rep. Mary Margaret Oliver (D-Decatur) offered a commendation Resolution for Kaiser Permanente of Georgia in the opening of its Downtown Decatur Medical Office on January 29, 2010.

HR 1236 – Rep. David Ralston (R-Blue Ridge) introduced this Resolution calling for a joint session with the Senate to hear the "state of the judiciary" message from the Chief Justice of the Supreme Court of Georgia.

SB 337 – Sen. Bill Jackson (R-Appling) proposed an amendment to O.C.G.A. § 40-6-391. This change would make driving under the influence of alcohol or drugs with a child in the motor vehicle, a felony.

SB 341 – Sen. Seth Harp (R-Midland) authored changes to O.C.G.A. § 20-3-519.6, providing that a person will be a legal resident of Georgia in order to be eligible for a HOPE GED voucher.

SB 344 – Sen. Lee Hawkins (R-Gainesville) proposed the following changes to O.C.G.A. § "31-8-195.1., relating to the "Health Share' Volunteers in Medicine Act." These changes provide for sovereign immunity protection for physician assistants in safety net clinics who participate in the program establise3hd pursuant to the "Health Share' Volunteers in Medicine Act."

SB 348 – Sen. Gail Buckner (D-Jonesboro) proposed changes to O.C.G.A. § 21-2-380 pertaining to the absentee elector and when reason for an absentee ballot is not required, permitting absentee voting during a certain period preceeding an election or primary. It permits the minimum of one Saturday during the period of early absentee voting for at least eight hours from 9:00 a.m. to 5:00 p.m. for the purpose of accepting absentee ballots and permitting voters to case absentee ballots in person.

SB 349 – Sen. Gail Buckner (D-Jonesboro) also proposed this amendment to O.C.G.A. § 21-2-30 to increase the number of the members of the State Election Board as well as provide for qualifications, appointment, vacation of office and terms of office of such new members.  It specifically adds two new members selected by the justices of the Georgia Supreme Court; those persons must be legal residents of Georgia who are registered and eligible to vote in elections for members of the General Assembly.

SB 346 – Sen. Chip Rogers (R-Woodstock) authored comprehensive revisions to the State's ad valorem taxation laws in Title 48.  Some of its provisions include:

• It would require annual notice be made to taxpayers concerning their ad valorem tax returns in O.C.G.A. § 48-5-306 as well as what must be contained in this notice. 
• Changes are made in O.C.G.A. § 48-5-311 regarding county boards of equalization and appeals of ad valorem tax assessments, permitting the governing authorities of two or more counties by "intergovernmental agreement" the ability to establish regional boards of equalization for such counties which regional boards will operate in the same manner and be subject to all of the requirements specified.
• It strips out current law in O.C.G.A. § 48-5-32 relating to the publication of county ad valorem tax rates.

SR 915 – Sen. Judson Hill (R-Marietta) proposed this "urging" Resolution to urge the United States Congress, the Department of Health and Human Services, and Centers for Medicare and Medicaid Services to ignore the recent guidelines for breast cancer screenings by the United States Preventive Services Task Force.

Committee News

House Appropriations- Public Safety Subcommittee

Firefighter groups from all over the State addressed the Subcommittee today about the dire need for funding for the provision of standards and training to firefighters that are both paid professionals and volunteers.  One argument was that the Firefighters Pension Fund as currently fully funded, but it requires certification and training as essential to provide proficiency.  This training and certification, however, are proposed to be cut from this slim budget.

Law enforcement officials echoed recommendations from last year to keep crime labs open and operational, in order to prevent a complete fallback on the Atlanta lab.  There was also a suggestion to perhaps fold all the other state labs into the one Atlanta lab. Crime labs impact all aspects of the criminal justice system. Cuts to this area have already been made.

Law enforcement officials also complained about 1013 cases which have been affected; their issues concerned the travel costs associated with getting individuals to necessary forensic evaluations.

House Appropriations- Human Development Subcommittee

The Subcommittee heard from the Department of Labor today on the Amended FY 2010 Budget. Department of Labor, or "DOL", Commissioner Michael Thurmond focused on the $180,000 cut to the Roosevelt Warm Springs Institute, which would eliminate twelve nursing positions, which support the hospital and vocational units. Other cuts to matching funds for Warm Springs, stifle "DOL's" ability to draw down necessary federal matching dollars, which in effect creates an $8.1 million cut.

Commissioner Thurmond highlighted the addendum to the Department's capital outlay funding. The Department is attempting to sustain the "Wounded Warrior" Program at Warm Springs by renovating the eighteen cottages on campus for veterans and their families to live in during the rehabilitation process. Commissioner Thurmond emphasized that Sen. Isakson and Congressman Westmorland are strong supporters of this Program and it would be a great opportunity for the State if funding can be made available.

House Rules

The House Rules Committee placed the following Bills on the Calendar for Tuesday, February 2, 2010:

• HB 219, authored by Rep. Tommy Benton (R-Jefferson), which would add an aversive agent to antifreeze to render it unpalatable.
• HB 905, proposed by Rep. Tom Dickson (R-Cohutta), would provide capital outlay funds in the Quality Basic Education Act.
• HB 906, offered by Rep. Jay Neal (R-LaFayette), allows for the deadline of annual contracts for elementary and secondary education be extended temporarily.
• HB 907, authored by Rep. David Casas (R-Lilburn), allows for flexibility for school systems in relation to the housing of middle school students.
• HB 923, offered by Rep. Jay Neal (R-LaFayette), provides salary schedules for certified school personnel.

Senate Rules

The Senate placed two pieces of Legislation on the calendar for tomorrow, SB 296, offered by Sen. Mitch Seabaugh (R-Newnan), which would rename the Office of Treasury and Fiscal Services to the Office of the State Treasurer and SB 319, offered by Sen. Cecil Staton (R- Macon), which changes the definition of text book to include computer hardware and technical equipment.

Joint House and Senate Ethics Committee

The Committees heard Doug Chalmers, an attorney specializing in political law and government ethics, today. Mr. Chalmers highlighted some of his ideas on ethics reform in Georgia, such as clarifying contributions and affiliated political action committees, is one person in charge of several political action committees?

Another, suggestion was that the law remains in tact so that candidates may transfer money from one candidate to another, if it is seeking to expand his or her political views. Travel on non-commercial aircrafts also needs to be reported at the going charter rate

Lobbying was also addressed by Mr. Chalmers, who stated that the definition of lobbying is unclear. Another idea was perhaps registered lobbyist list all political action committees that they are affiliated with on their ethics reports, as well as reporting all legislation lobbied for or against on the outset of Session.

Senate Judiciary

The Senate Judiciary Committee met today passing out SR 795 by Sen. Seth Harp (R-Midland), SR 829 by Sen. Judson Hill (R-Marietta) and SR 830 by Sen. Judson Hill (R-Marietta), establishing a state Constitutional right for Georgia citizens to choose their own healthcare without penalty and requesting that the Attorney General challenge the constitutionality of any federal law which benefits one state over another.  There were arguments by Democrats on the Committee that the Attorney General should not tackle such an issue when the national healthcare reform legislation had not been passed by Congress.