Report for January 31, 2012

Lawmakers celebrated Columbus State Day at the Capitol on Tuesday.
Legislative Day 11 was most notably Columbus State University Day at the Capitol and representatives from the school were in attendance to spread the word about new initiatives and successful programs. A jam-packed schedule of Committee meetings in the afternoon had lawmakers and stakeholders frantically pursuing discussions on their legislation.
Legislative News
House
In the House session this morning, Reps. Doug McKillip (R-Athens) and Keith Heard (D-Athens) recognized a group of medical students from Athens, Georgia. Rep. Calvin Smyre (D-Columbus) formally acknowledged the presence of Columbus State University students and administrators in the gallery. After Rep. Sharon Cooper (R-Marietta) introduced the Doctor of the Day, Reps. Sam Teasley (R-Marietta), Stacey Evans (D-Smyrna), and Judy Manning (R-Marietta) recognized the Georgia School Superintendent of the Year, Mrs. Emily Lembeck.
Several Bills were discussed by House members:
- HB 337 was presented by Rep. Gerald Greene (R-Cuthbert) and would make it so that in the event of divorce, a retired member who has elected a spouse's option may elect to continue or revoke such coverage under the Sheriffs' Retirement Fund of Georgia. The Bill passed 95 to 58.
- HB 675 was presented by Rep. Sharon Cooper (R-Marietta) and would revise the definitions of "approved nursing education programs" for registered professional nurses and licensed practical nurses. This change addresses an unintended consequence from the passage of a law in 2009, permitting the Georgia Nursing Board Authority to determine nursing programs criteria approval when such programs are not within the University System of Georgia or the Georgia Technical College System. After little discussion, the Bill passed unanimously 161 to zero.
- Rep. Doug Collins (R-Gainesville) asked that HB 805 be withdrawn from the House Retirement Committee and recommitted to the House Governmental Affairs Committee. The Bill would make conforming amendments and correct references relative to the abolition of the State Personnel Administration and the transfer of certain functions of such agency to the Department of Administrative Services. Without objection, the motion passed.
- Rep. Ellis Black (R-Valdosta) asked that the House insist on their position regarding HB 133. The Bill would change conditions for refunding de minimis overpayments. According to the Bill, an amount will not be refunded if the amount deducted, withheld, or prepaid and credited to a taxpayer against the taxpayer's income tax liability for a taxable year exceeds such income tax liability by 99¢ or less. Speaker David Ralston (R-Blue Ridge) appointed Reps. Black, Mickey Channell (R-Greensboro), and Larry O'Neal (R-Bonaire) as the conferees.
Senate
The Senate session began a little after 10:00 a.m. on Tuesday morning. Sen. Ronald Ramsey (D-Decatur) introduced the Chaplain of the Day, Pastor George W. Levitt Jr. Sen. Jeff Mullis (R-Chickamauga) recognized the 2011 Dizzy Dean Little League Champions who were in attendance in the chamber. Five Bills were voted on in the Senate today:
- SB 136 was presented by Sen. Bill Hamrick (R-Carrollton) and would allow for the transfer of control of a condominium association under certain circumstances as well as set out public policy concerning the standing of condominium associations to file suit. The Bill passed unanimously 55 to zero.
- SB 300 was authored by Sen. John Bulloch (R-Ochlocknee) and would exclude establishments selling sugar cane and sorghum syrup from the definition of "food sales establishment." SB 300 passed easily 55 to zero.
- SB 301 was presented by Sen. Bulloch and would authorize the use of silencers on hunting firearms. Sen. Lester Jackson (D-Savannah) asked a question about whether the silencers could be used on handguns. Sen. Vincent Fort (D-Atlanta) asked a question about whether the Bill was being submitted to cut down on issues involved with hunters experiencing hearing loss. In the end, the Bill passed 48 to five.
- SB 307 was brought forth by Sen. William Ligon (R-Waverly) and would create a one-day salt-water shore fishing license. The Bill passed easily 52 to one.
- SB 309 was presented by Sen. Rick Jeffares (R-Locust Grove) and would authorize the issuance of special hunting privileges to persons with a terminal illness. SB 309 was voted on and passed 53 to one.
New Legislation
HR 1224 – Rep. Jan Jones (R-Milton) submitted this Resolution to commend Georgia State University and recognize February 2, 2012 as GSU Day at the Capitol. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1224
HR 1227 – Rep. Chuck Martin (R-Alpharetta) offered this piece of legislation to recognize February 1, 2012 as Georgia Food Bank Association Day at the Capitol. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1227
HR 1237 – Rep. Chuck Martin (R-Alpharetta) introduced this Resolution to urge the Federal government to cease the collection of motor fuel taxes in Georgia. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1237
SR 753 – Sen. Renee Unterman (R-Buford) brought forth this Resolution to declare Wednesday, February 15, 2012 as Lupus Awareness Day at the Capitol. http://www.legis.ga.gov/legislation/en-US/Display/20112012/SR/753
SR 754 – Sen. Steve Gooch (R-Dahlonega) proposed this Resolution to honor North Georgia College and State University and recognize February 16, 2012 as their day at the Capitol. http://www.legis.ga.gov/legislation/en-US/Display/20112012/SR/754
Committee News
Senate Appropriations Committee- Fiscal Management Subcommittee
Chairman Don Balfour (R-Snellville) presided over the Senate Fiscal Management Subcommittee and was joined by Sen. Vincent Fort (D-Atlanta) and Sen. Buddy Carter (R-Pooler). The Subcommittee heard from several State organizations about their 2012 amended budgets. These organizations included the State Accounting Office, the Department of Administrative Services, the Office of State Administrative Hearings, the Georgia Technology Authority, and the Department of Revenue. The Senators asked very few questions except when Commissioner Douglas MacGinnitie of the Department of Revenue was in front of the microphone. Chairman Balfour asked several pointed questions about identity fraud and how to go about preventing redundancies in the Department.
Senate Insurance and Labor Committee
The Senate Insurance Committee met to discuss two Bills. SB 331 was brought to the Committee by Sen. David Shafer (R-Duluth) for their consideration. The proposal, written into Chapter 7 of Title 33, permits title insurance companies the ability to issue closing protection letters for real estate transactions. The premium charged by the title insurance company will be required to be approved by the Commissioner of Insurance and the title insurance companies will also be required to maintain adequate reserves for such letters. There were some questions regarding the proposal, essentially asking for the reason why this law was needed. Sen. Shafer indicated that the Department of Insurance currently had no statutory authority over these, and thus, no enforcement powers. Closing protection letters will be a mechanism to prevent closing attorneys from running off with the proceeds of such real estate closing. The Committee then moved do pass and the motion was carried.
The other Bill to receive consideration from the Committee was presented by Sen. Greg Goggans (R-Douglas). SB 337 would make it so that State licensure requirements for physicians and dentists would be granted based on demonstrated skill and academic competence. Licensure approval for physicians and dentists would not be conditioned upon participation in any public or private health insurance plan, public health care system, public service initiative, or emergency room coverage (e.g. Medicaid). Furthermore, the Georgia Composite Medical Board and the Georgia Board of Dentistry would be solely responsible for the licensure of physicians and dentists, respectively, in this State. Virginia has passed a similar law to SB 337. After being put to a vote, the Bill passed easily.
House Children and Youth Committee
Chairman Judy Manning (R-Marietta) started off the meeting by introducing the two new Committee members, Rep. Chuck Williams (R-Watkinsville) and Rep. James Beverly (D-Macon). The House Children and Youth Committee then heard from Bright from the Start Commissioner Bobby Cagle of the Georgia Department of Early Care and Learning. Comm. Cagle and one of his colleagues gave a full overview of Georgia’s new “Quality Rated Improvement System.” Rep. Kathy Ashe (D-Atlanta) asked a question about where the funding for the program was coming from. Rep. Jason Spencer (R-Woodbine) asked a question about the definition of the word "quality." He also inquired about the reasons why the Race to the Top grant was not awarded to DECAL. Rep. Ashe asked another question about a lack of additional Pre-K operational costs. The final question came from Rep. Buddy Harden (R-Cordele) about homeless children.
House Ways and Means Committee
Chairman Mickey Channell (R-Greensboro) hosted the House Ways and Means Committee on Tuesday afternoon. The first Bill to be discussed was HB 564. It was presented by Rep. Billy Maddox (R-Zebulon) and would make it so that certain uses of property for collection and conversion of solar energy would not constitute a breach of a conservation use covenant. Rep. Paul Battles (R-Cartersville) was worried about a lack of parameters so that intent of the Bill could be kept intact. No action was taken on the Bill.
HB 808 was brought forth by Rep. John Yates (R-Griffin) and would provide an exclusion applicable to the income of certain disabled veterans related to loss of hands, feet, eyes, or vision. Rep. Sharon Beasley-Teague (D-Red Oak) questioned whether the loss of hearing should be included in the Bill. Rep. Chuck Sims (R-Ambrose) then voiced a concern that spinal or brain injuries should be included as well. HB 808 was not voted on.
The final Bill to be discussed was HB 450. It was presented by Rep. Sims and would authorize a setoff of certain debts owed to public housing authorities. After very little discussion, HB 450 passed unanimously.
House Judiciary (Civil) Committee
With Chairman Wendell Willard (R-Sandy Springs) hosting, the House Judiciary (Civil) Committee met on Tuesday afternoon. After more than an hour of presentation and discussion, HB 711, which relates to spousal privileges, was tabled. The Committee members wanted to understand more fully Defense Lawyer Jack Martin's concerns and proposed amendments.
The second Bill to be discussed was presented by Rep. Jon Burns (R-Newington). HB 594 would change certain provisions related to judicial and administrative dissolution of limited liability companies. Usually a foundation is involved which will make grants or program related investments.
HB 763, which concerns jury compilations, was passed out to Committee members. It seeks to clear up issues from 2011's HB 415. The Bill would make it so that convicted felons and persons who have been declared mentally incompetent cannot be trial jurors. Also, it adds language that the jury lists prior to July 1, 2012 would remain eligible to comprise the venire.
If you have any questions concerning this Report, please contact Stanley S. Jones, Jr., Helen Sloat or Taylor Janney.
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.