The General Assembly was back in full swing today after a week off for spring break. The FY 2011 Budget is anticipated to be on the House Floor on Wednesday, if Lawmakers adhere to the current schedule. However, the Senate has proposed a new Adjournment Resolution outlining a schedule for this week with Session days being Monday through Wednesday and back in on Monday, April 19, 2010 for Legislative Day 37, but the House did not pass this Adjournment Resolution today.

Floor News

Senate

The Senate made quick work of its calendar but some members took issue with the Senate's actions on HB 307 on April 1. The Senate passed prior to its break, HB 307, the newly proposed provider tax on hospitals. Senators on both sides of the aisle felt pressures to vote certain ways on the Governor's Bill. Sen. Preston Smith (R-Rome) took the well noting that he was pressured by his party on his vote but he held firm and voted what his constituents wanted. He said his vote had cost him his chairmanship of the Senate Judiciary Committee. He was angered by his Caucus' actions and felt that it was essentially illegal for them to try to force him to vote in favor of the bill. Sen. Chip Rogers (R-Woodstock) countered Sen. Smith's comments highlighting that HB 307 would be an elimination of the State insurance premium taxes once State reserves reach $500 million.

The Senate took up three Bills on agreement list:

SB 319 -Senate voted 44 to five to agree to House Substitute on this Bill dealing with school districts to purchase electronic formatted textbooks.

SB 84 - The Senate agreed with a vote of 44 to four to the House Substitute as amended by Senate of this Bill establishing local school board ethics requirements. It also attempts to prevent any future nepotism.

HB 321 - Rep. Steve Davis introduced this Bill last year permitting association forms of group health insurance to be lowered from 25 to ten members. The Senate added prompt pay language for third-party administrators of health insurance claims, requiring payment of claims within 30 days and requiring 95 percent compliance or penalties will assessed on insurers. It also lowered interest rates on these unpaid claims that are outstanding from 18 to 12 percent. The Senate insisted on its position to this Bill. 

House

The House hosted Columbus physicians as doctors of the day; introduced by Rep. Kip Smith (R-Pine Mountain). The U.S. Bobsledding Team-member and Georgia native, Elena Myers was recognized on the House Floor for her accomplishments in the Olympics. 

Rep. Burke Day (R-Tybee Island) announced today from the Floor that he would not be running again for the House of Representatives. He chastised the media about attacking members of the General Assembly and their families in the press. 

The House disagreed to the Senate Substitute on HB 947, the FY 2010 supplemental budget. 

Rules Calendar:

SB 436, addressing Title 47 and Georgia's laws on state retirement, passed 160 to three. Rep. Howard Maxwell (R-Dallas) explained that the Bill deletes obsolete provisions in that Title.

SB 455 was presented by Rep. Terry Barnard (R-Glennville). This Bill permits the State to accept conveyances of real property. SB 455 passed 161 to zero.

SR 1083 is the annual Resolution outlining the 15 properties which will be conveyed by the State this Year. The House "Agreed" with a vote of 162 to zero.

HR 1449 was presented by Rep. Sharon Cooper (R-Marietta) it proposes that the Georgia Composite Medical Board adopt rules for office based surgery and use of anesthesia. This Resolution was adopted 152 to seven.

SB 353 was presented by Rep. Buddy Hardin (R-Cordele). This Bill is the annual dangerous drug update in Title 16. No changes were made and the Bill passed 157 to three.

Action was postponed on SB 374.

New Legislation

H.R 1947 - Rep. Billy Mitchell (D-Stone Mountain) authored this Resolution which recognizes and commends Georgia Attorney General Thurbert Baker and his public service, including work to fight criminal corruption and implementation of the Open Government Mediation Program in office.

H.R 1950 - Rep. Sheila Jones (D-Atlanta) offered this "urging" Resolution for the Department of Education to implement a strategy for informing Georgia students of the dangers of sending explicit or graphic text messages.

This initiative comes about following an issue which occurred earlier this year with metro-Atlanta students engaging in this practice.

HB 1488 - Rep. Roger Bruce (D-Atlanta) introduced this Bill proposing that local jurisdictions could be provided the option of assessing an excise tax of up to $.33 per liter on distilled spirits, malt beverages, and wine. This would apply to wholesale sales and beverages sold by the serving. These changes would be inserted in Chapter 4 of Title 3.

Committee News

Senate Public Safety and Homeland Security

The Committee held a hearing only on HB 23 today, authored by Rep. Matt Ramsey (R-Peachtree City). This Bill would prohibit drivers under 18 from using a cellular device or texting while driving. Rep. Ramsey cited that since the enactment of the teen driving program, which was passed in 1997 that there has been a 40 percent reduction in teen driving fatalities. This would further the opportunity for young drivers to learn and get comfortable with driving. Chairman Jack Murphy (R-Cumming) was concerned at who this Bill would really punish, the teen driver or the parent, if the teens have their drivers license taken away.  This Bill will be taken up at a later date.

HB 981 was presented by Rep. Jill Chambers (R-Atlanta) and seeks to allow the Georgia State Patrol to use solid color cars. This would be a cost saving effort, which would allow the State Patrol to purchase more vehicles. Questions arose about why the Bill specified that new tires would be used on every emergency vehicle.  Some members suggested that they use retread tires on the rear of vehicles to further save money. The federal government currently requires retread on the rear of their vehicles. Sen. Emanuel Jones (D-Decatur) raised concerns over the safety of this measure. The amendment to use retread tires failed due to lack of a second. HB 981 passed the Committee with only one dissenting vote

Rep. John Meadows (R-Calhoun), presented HB 1074. HB 1074 would codifies the Capitol Police and modifies Capitol Square to reflect the actual streets and radius that the Capitol Police can patrol. This is a five mile radius because of properties that the State has located off campus from the Capitol. HB 1074 passed unanimously out of Committee.

Rep. Bobby Reese (R-Sugar Hill) presented HB 1231, which closes a loophole in current law about the proper way to make left hand turns in an intersection. Sen. John Douglas (R-Social Circle) offered an amendment which would make fleeing and eluding an officer in excess of 20 miles per hour a felony. This amendment passed and HB 1231 passed the Committee as amended by Committee Substitute.

Senate Rules Committee

The Senate Rules Committee set the following calendar for tomorrow:

HB244 - Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority

HB361 - Safe Medications Practice Act; enact

HB540 - Elections; remove references to ballot cards; provision

HB903 - County and municipal tax levies; fund domed stadium; revise provision

HB1028 - Ad valorem tax; forest land conservation use property; revise provision

HB1101 - Workers' compensation; Self-insurers Guaranty Trust Fund; revise provision

HB1138 - Revenue and tax; define Internal Revenue Code; incorporate federal la

HB1150 - Retirement and pensions; Georgia Firefighters' Pension Fund; define term

HB1154 - Influenza vaccine; revise definition

HB1279 - Legislative Counsel, Office of; softbound volumes of Georgia Laws; repeal certain requirement

HB1322 - Public disclosure exemption; certain graphic image photographs; provision

House Health and Human Services

Sen. Don Thomas (R-Dalton) presented SB 252 to the Committee today. Sen. Thomas offered the "Polysomnography Practice Act" after the Attorney General found that "sleep labs" operated in the State violated Georgia law. This Bill establishes certification of polysomnographic technologists by the Composite State Board of Medical Examiners. These polysomnographic technologists would work under a licensed physician. SB 252 passed out of Committee unanimously.

SB 458, also presented by Sen. Thomas, would require individuals in pick-up trucks and SUVs to buckle up.  Six years in the making, with strong support from Children's Healthcare of Atlanta, PTA and Junior League, SB 458 passed out of Committee unanimously. 

SB 435, authored by Sen. Thomas as well, creates a seven member advisory committee on diabetes and pre-diabetes. SB 435 passed out of Committee.  

SB 315, authored by Sen. Preston Smith (R-Rome), was presented by Rep. Sharon Cooper (R-Marietta). This Bill was created because of catastrophic events. This is a movement to have a uniform law to sign up with a registry prior to catastrophic events in order to volunteer during such crisis. Credentials of these healthcare providers on the registry would be checked beforehand. These volunteers would also not receive compensation for their services and could only serve in "declared emergencies." The registry used would continue indefinitely. SB 315 received a "do pass" recommendation from Committee. 

House Budget and Fiscal Affairs Oversight Committee

SB 389, presented by Sen. Jim Butterworth (R-Cornelia), expands what is required to be posted on the Department of Audits and Accounts website. These inclusions consist of federal pass through dollars and all "ARRA" funding. There would be no sunset on this requirement if this information is provided in the electronic format. There was concern about the local boards of education being able to submit this information. This would be transparency of dollars all the way down to third party vendors. The Department is in support of this Legislation. SB 389 passed unanimously out of Committee.

Sen. David Shafer (R-Duluth) presented SB 1 , the Zero Based Budgeting Act, requiring the Budget to include all expenditures. Originally proposed, it would be zero based every four years, but this Bill says one-fourth of budget would be zero based budgeting on annual basis. Rep. Bobby Reese (R-Sugar Hill) asked about whether proposal was good for Georgia, as this idea was presented eight years ago and supported by Sen. Jack Hill (R-Reidsville). SB 1 passed out of Committee and will be carried on the House Floor by Rep. Donna Sheldon (R-Dacula).

Sen. Mitch Seabaugh (R-Newnan) presented SB 478. Sen. Seabaugh cited that a third party entity needs to be hired to review and audit contracts in order to save the State money. The State could recoup up to $20 million from this measure. SB 478 passed out of Committee

Sen. Jack Hill (R-Reidsville) presented SB 421, the Revenue Shortfall Bill. If there are any funds left in June, then they will go to the State's reserves. After that, the Governor can appropriate these funds. The ceiling on reserves is currently at 8 percent this Bill would move that cap to 15 percent. Rep. Calvin Hill (R-Canton) moved "do pass" on SB 421, passing it unanimously out of Committee.      

SB 480, also presented by Sen. Jack Hill (R-Reidsville) seeks to improve current revenue estimate setting. Economic advisors come up with the growth number. This Bill codifies the process. Research shows that when lots of input and collaboration are put into this effort, the State receives a better revenue estimate.  Under this change the Legislature will still have a role in the revenue estimate process. SB 480 passed the Committee with only one dissenting vote.

Finally, SB 502, received a "do pass" recommendation from the Committee. SB 502 relates to reimbursement of expenses, so as to provide that all non-elected members of state authorities, boards, commissions, councils, or other bodies shall be compensated only for their actual expenses incurred in service to such authority, board, commission, council, or other body and shall not be entitled to any expense allowance or per diem Boards made up based on congressional districts. What this Bill seeks to do is eliminate all per diems because meetings could be held via the internet or other electronic means. Rep. Jill Chambers (R-Atlanta) had a similar Bill in the House. It is unknown how much would be saved from this, but this information could be provided.

House Rules Committee

The House Rules Committee set the following Rules Calendar for tomorrow:

Modified Open Rule

HR1351 - House Study Committee of Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create

HR1360 - Georgia Lottery Corporation; review policies to include incentive and bonus payments; urg

HR1435 - House Study Committee on Hotel-Motel Tax; create

HR1826 - Georgia Building Authority; additional disabled persons parking; urge

SB4 - Constables/Marshals; notify protected persons upon the service of certain protective order

SB6 - Driver's Licenses; restricted; change the penalty for violation

SB59 - Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipient

SB138 - Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly state

SB143 - Public Meetings; limitation on action to contest agency action, recording, notice of time/place; change certain provision

SB252 - Polysomnography Practice Act; provide for the certification of polysomnographic technologist

SB283 - Retirement; no person who becomes tax commissioner; on/after July 1, 2010; membership in Employees' Retirement System of Georgia

SB287 - Drivers' License; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number

SB315 - Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulation

SB317 - Health; provide that no law shall compel any person to participate in any health care system; authorize to pay directly without penalties/fine

SB324 - Georgia Peace Officer Standards and Training Council; clarify the authority of the council to impose administrative fee

SB390 - Local Government; municipal corporation may determine when to establish a conservation easement

SB410 - Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirement

SB419 - Drivers' License; provide for notation; post traumatic stress disorder; members of armed services/veteran

SB435 - "Diabetes and Health Improvement Act of 2010"; enact; establish Georgia Diabetes Control Office; board of trustee

SB447 - State; preference to in-state materialmen, contractors, builders, when preference does not impair quality and cost consideration

SB456 - Redevelopment; directors of downtown development authority designated as urban redevelopment agency; serve as commissioner

Modified Structured Rule

HR1646 - President Obama and Congress; reject legalizing illegal aliens; urge

SB57 - Georgia Fair Lending Act; definitions; provide for limitations on homeloans; fees for filling document

SB136 - Penal Institutions; U.S. Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer; participate

SB237 - Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define term

SB299 - Juvenile Proceedings; zero tolerance policy on weapons in schools; change provision

SB344 - 'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinic

SB355 - Health; provide that priority list of persons authorized to control the disposition of the remains of a deceased persons

SB432 - "Advanced Broadband Collocation Act"; provide procedures; modification/collocation of wireless communication facilities

SB458 - Safety Belts; eliminate certain exceptions to the required use of safety belt

SB461 - Wills, Trusts, Estate; provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such will

SB491 - Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provision

SR12 - General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells C

SR277 - Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding-C

Structured Rule

SB17 - Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late