Greetings from the Capitol!  The 2012 Georgia Legislative Session officially kicked off today as both the House and Senate convened at 10:00 a.m.  Legislators seemed optimistic about the opportunity to serve the State of Georgia during a unique time in history.  With the 2012 national elections right around the corner, many legislators spoke about capitalizing on the renewed attention toward major political issues.

Governor Nathan Deal has expressed readiness to roll out his own agenda during the 2012 Session.  His press office suggests that issues related to education, transportation, health care, sentencing reform, and overall government efficiency will be of particular interest.  The Governor will release his Budget ideas later this week.  However, it is believed that he intends to add ten days to the school year for Pre-K, effectively giving teachers a raise.  Additionally, Governor Deal will be moving ahead with some tax reform and job creation proposals as a result of his 'competitiveness initiative' which studied several issues since the 2011 legislative Session.   Ideas to help Georgia's economy should be welcomed news as Georgia has continued to have higher numbers of unemployment than the national average.  Lt. Governor Casey Cagle has clearly stated that his main priorities are more jobs in Georgia, less State government, and no sales tax increase on groceries or cigarettes.

In other news, there are still vacant seats to be filled with special elections.  On January 3^, 2012, the special run-off election for House District 68 occurred in portions of Carroll and Douglas Counties.  Dustin “Dusty” Hightower unofficially received 55% of the vote while Alan Martinez received 45%.  The seat was vacated by Rep. Tim Bearden (R-Villa Rica), who has been named the Director for the Georgia Public Safety Training Center.  In House District 107, that seat has been vacated by Rep. Len Walker (R-Loganville) who left in late 2011 to serve as a pastor at a church in the Canton area. His replacement will be elected in a special election on February 7, 2012.  Another election will be held to fill the vacancy of Rep. Gloria Tinubu (D-Atlanta), who held the House District 60 seat, and has decided to seek a United States Congressional post in South Carolina.  Also, Rep. Roger Williams (R-Dalton) has announced that he will not seek re-election in the fall for his seat.  Rep. Williams is the current chairman of the House Regulated Industries Committee.

Floor News

House

The first House session in 2012 began with a greeting from Speaker David Ralston (R-Blue Ridge).  He formally welcomed three new members to the House:  Representatives John Carson (R-Marietta), Terry Rogers (R-Clarkesville), and Emory Dunahoo (R-Gainesville).  Reverend Tom Jordan of First Baptist Church in Epworth was introduced as the Chaplain of the Day.  He was followed by the Doctor of the Day, Bobby Kauffman.  The House voted on and passed HR 1099 which provides the adjournment schedule for the next three weeks.  The Georgia General Assembly will be in session every day this week and off next week.  Before adjourning for the day, Speaker Ralston acknowledged all of the people at the Capitol who were there in support of TANF (Temporary Assistance for Needy Families).

Senate

After a brief greeting from Lieutenant Governor Casey Cagle, the Senate wasted no time getting started this year and took up SB 184.  Sen. Tommie Williams (R-Lyons) authored the Bill which seeks to prevent a local school board from adopting a policy that allows length of service to be the primary or sole determining factor when implementing a reduction in work force.  Instead, a local board would consider performance as the primary factor.  Sen. Williams fielded a number of questions from Sen. Emmanuel Jones (D-Decatur) and Sen. Curt Thompson (D-Marietta) about whether the Bill threatens local control.  Majority Leader Chip Rogers also spoke in favor of SB 184 and answered questions about the constitutionality of the Bill from Sen. Jason Carter (D-Decatur) and Sen. Nan Orrock (D-Atlanta).  After a motion to table the Bill failed, the Senate voted to pass SB 184 with a final tally of 38 to 15.

New Legislation

HB 668 – Rep. Jason Spencer (R-Woodbine) authored this piece of legislation which would amend Article 9 of Chapter 4 of Title 49.  The Bill would require the Department of Human Services to give a drug test to all individuals applying for temporary assistance for needy families (TANF).  If any person failed the drug test, they would be ineligible to receive benefits.  This Bill is very similar to SB 292.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/668

HB 669 – Rep. Josh Clark (R-Buford) introduced this Bill, which would provide a definition for the term, "designated state agency," in Title 50 and would require the reporting of federal funds received by these agencies.  It would also create a contingency plan in the event of a reduction of federal funds and provide for the submittal of a report to the legislative appropriations committees.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/669  

HB 670 – Rep. Josh Clark (R-Buford) submitted this initiative to amend Title 50 by creating the Constitutional Advisory Council.  This Council would consist of 12 members and would be primarily interested in preventing the federal government from overpassing their constitutional limits by evaluating whether a federal law is constitutional.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/670

HB 672 – Rep. Mary Margaret Oliver (D-Decatur) authored this piece of legislation amending Chapter 31 of Title 36.  This initiative would make it so that Bills to incorporate new municipal corporations would only be introduced during the regular session which is held during the first year of the term of office of members of the General Assembly.  These Bills could then only be enacted during the regular session which is held during the second year of the term of office of members of the General Assembly.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/672

HB 673 – Rep. Billy Mitchell (D-Stone Mountain) proposed this Bill amending Part 15 of Article 6 of Chapter 2 of Title 20 by enacting "Georgia's Return to Play Act of 2012."  The Bill would require local school boards to create mandatory guidelines for informing and educating coaches, student-athletes, and their parents or guardians of the nature and risk of concussions, including criteria for returning to play.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/673

HB 674 – Rep. Billy Mitchell (D-Stone Mountain) introduced this amendment to O.C.G.A. § 16-11-3 to enact "The Interception and Disclosure Information Protection Act of 2011."  The Bill would specify the circumstances in which a person can acquire geolocation information.  It would further provide for the exclusion of evidence obtained in violation of limitations on the acquisition of geolocation information.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/674

HB 675 – Rep. Sharon Cooper (R-Marietta) authored this amendment to Chapter 26 of Title 43 by revising the definition of "approved nursing education programs."  The Bill proposes to eliminate language concerning proprietary institutions of higher education accredited by a regional accrediting agency recognized by the U.S. Department of Education.  It would also strike the word "nonprofit" in regards to postsecondary institutions.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/675 

HB 676 – Rep. Ben Harbin (R-Evans) submitted this Bill amending Chapter 3 of Title 17.  It would make it so that prosecutions could commence at any time for the offenses of cruelty to children, rape, sodomy, statutory rape, child molestation, aggravated child molestation, enticing, a child for indecent purposes, and incest when the victim is younger than 16 years of age at the time of the commission of the crime.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/676

HB 677 – Rep. Scott Holcomb (D-Atlanta) proposed this amendment to Chapter 1 of Title 28 which would require mandatory drug testing for members of the General Assembly and would be instituted on or after January 1, 2013.   www.legis.ga.gov/legislation/en-US/Display/20112012/HB/677

HB 678 – Rep. Ralph Long (D-Atlanta) submitted this piece of legislation to regulate the use of previously used material in mattresses and similar consumer products.  The Bill would amend Chapter 25 of Title 31 and would give the Department of Agriculture authorization to inspect places where articles of bedding are manufactured, renovated, reupholstered, or sold.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/678

HB 679 – Rep. Jason Spencer (R-Woodbine) introduced this Bill, which would be known as the "Georgia Constitutional Carry Act of 2012."  This initiative would amend Titles 12, 16, 27, and 40 by revising certain laws regarding the carrying of firearms.  The Bill would make it unlawful for a person who is not a lawful weapons' carrier to use or possess any handgun in a park, historic site, or recreational area.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/679  

HB 680 – Rep. Pam Dickerson (D-Conyers) brought forth this piece of legislation, which seeks to amend Article 2 of Chapter 11 of Title 16.  The Bill would make it so that a person commits defamation when he or she causes an unknowing person wrongfully to be identified as the person in an obscene depiction.  It would further define the terms "nudity," "obscene depiction," and "sexual conduct."  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/680

HB 681 – Rep. Pam Dickerson (D-Conyers) authored this Bill to amend Chapter 2 of Title 26 by revising definitions related to food sales establishments and food service establishments. It would allow fundraising activities conducted by schools and charitable organizations which have one or more licensed food sales or service establishments to be included within the definition.   www.legis.ga.gov/legislation/en-US/Display/20112012/HB/681

HB 682 – Rep. Allen Peake (R-Macon) submitted this Bill to allow for the nonpartisan election of sheriffs, solicitors-general, district attorneys, tax commissioners, tax receivers, tax collectors, clerks of superior court, coroners, surveyors, and members of the county governing authorities in Article 4 of Chapter 2 of Title 21.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/682

HB 683 – Rep. Wendell Willard (R-Sandy Springs) introduced this piece of legislation, which would amend Chapter 4 of Title 18 so that the filing of certain answers on behalf of garnishees done by authorized officers or employees would not constitute the practice of law.  It would also outline the method through which the delivery of money or property to the court that is subject to garnishment would occur.  It would further conform the terminology of the chapter to reflect defined terms.  This Bill is in response to the Supreme Court decision on filing of garnishments by corporations' employees without legal counsel which have been deemed as the unauthorized practice of law.   www.legis.ga.gov/legislation/en-US/Display/20112012/HB/683 

HB 684 – Rep. Debbie Buckner (D-Junction City) brought forth this Bill to amend O.C.G.A. § 12-3-35.  The initiative would authorize the Department of Natural Resources to transfer some operating responsibilities for state parks and recreational areas to local governing authorities, contingent upon certain conditions.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/684 

HB 685 – Rep. Gene Maddox (R-Cairo) proposed this initiative amending Title 4.  The Bill would require a certificate of registration for the possession of a vicious dog and require the euthanasia of dogs that have bitten a human on more than one occasion.    www.legis.ga.gov/legislation/en-US/Display/20112012/HB/685

HB 686 – Rep. Karla Drenner (D-Avondale Estates) offered this Bill which would prohibit property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to install a solar device in Chapter 3 of Title 44.   www.legis.ga.gov/legislation/en-US/Display/20112012/HB/686

HB 687 – Rep. Tom Taylor (R-Dunwoody) brought forth this piece of legislation, which would amend Chapter 1 of Title 35.  The Bill would require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement resources.  www.legis.ga.gov/legislation/en-US/Display/20112012/HB/687

SB 292 – Sen. John Albers (R-Roswell) authored this initiative to amend Chapter 4 of Title 49 and would be known as the "Social Responsibility and Accountability Act."  The Bill would require the Department of Human Services to give a drug test to all individuals applying for temporary assistance for needy families (TANF) or Medicaid benefits.  If any person failed such drug test, they would be ineligible to receive benefits.  This Bill is very similar to HB 668.  www.legis.ga.gov/legislation/en-US/Display/20112012/SB/292

SB 293 – Sen. Bill Heath (R-Bremen) submitted this Bill which would amend Chapter 2 of Title 40 to require the nation's motto, "In God We Trust," to be printed on license plates.  It would allow purchasers of license plates to cover the motto with a county name decal.  www.legis.ga.gov/legislation/en-US/Display/20112012/SB/293

SB 294 – Sen. John Albers (R-Roswell) brought forth this initiative which would amend 34-8-195 § O.C.G.A. and would be known as the "Dignity for the Unemployed Act."  The Bill would require that applicants for unemployment benefits must complete as many as 24 hours of volunteer service per week with a nonprofit organization.  www.legis.ga.gov/legislation/en-US/Display/20112012/SB/294

SB 295 – Sen. Valencia Seay (D-Riverdale) introduced this amendment to O.C.G.A. § 33-24-46, which would limit the unfair cancellation of nonrenewable policies for claims based on damage from storms or natural disasters.  It would define the term "natural disaster or storm."  www.legis.ga.gov/legislation/en-US/Display/20112012/SB/295

SB 296 – Sen. Josh McKoon (R-Macon) authored this Bill which would amend Article 14 of Chapter 1 of Title 10 by making it unlawful for a person to willfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including fixtures or improvements, for the purpose of obtaining nonferrous metals.  It would also release secondary metal recyclers from the obligation to pay cash for certain items.  www.legis.ga.gov/legislation/en-US/Display/20112012/SB/296

SB 297 – Sen. Valencia Seay (D-Riverdale) submitted this Bill which would amend O.C.G.A. § 34-8-195.  The initiative would make it so that an individual receiving unemployment benefits would be eligible for continued benefits during the first two consecutive weeks of full-time employment.  www.legis.ga.gov/legislation/en-US/Display/20112012/SB/297 

HR 1094 – Rep. Lynne Riley (R-Johns Creek) proposed this resolution which opposes state bailouts by the Federal government.  www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1094 

HR 1095 – Rep. Andrew Welch (R-McDonough) offered this resolution which asks the Congress of the United States to call a convention for the purpose of proposing an amendment to Constitution.  The proposed amendment would require an approval from a majority of the legislatures of separate States before an increase in Federal debt is allowed.  www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1095

Committee News

Senate Banking and Financial Institutions Committee

The Senate Banking and Financial Institutions Committee convened on Monday afternoon to discuss HB 110.  The Bill would create a foreclosed property registry and provide guidelines for how it would be maintained.  Rep. Mike Jacobs (R-Atlanta) presented the Bill and fielded questions from Chairman Jack Murphy (R-Cumming) about the differences between "vacant" and "foreclosed" properties.  Marcia Rubensohn of the Georgia Municipal Association spoke in favor of the Bill but noted several small language concerns.  HB 110 was voted on and passed with two dissenting votes.

Joint Economic Development and Tourism Commmittee

The Joint Economic Development and Tourism Committee met a little after 2 p.m. on Monday to discuss the Georgia Lottery.  Ms. Margaret DeFrancisco and Mr. Jimmy Braswell of the Georgia Lottery Corporation provided information about the current status of the Georgia Lottery and how it intends to stay competitive in the future.  Former Mayor of Dover, Delaware, Mr. Carleton E. Carey, also spoke to the Committee about the implementation of video gambling in the State.  In his opinion, having video gambling machines in the State could bring jobs to Georgia.  Sen. Don Balfour (R-Snellville) was vocal about his support of the idea.  The final speaker at the meeting was Mr. Tim Connell of Georgia Student Finance. 

If you have any questions concerning this Report, please contact Stanley S. Jones, Jr., Helen Sloat or Taylor Janney.