Greetings from the Gold Dome!  Activity continues to swirl around the State Capitol with qualifying for elections in the coming months ongoing and a lengthy Day 39 of the Legislative Session. 

Budget conferees have worked feverishly on a compromise to the FY 2011 Budget, but no resolution has been reached.

SR 277, the Constitutional Amendment permitting a $10 fee on motor vehicle registrations to fund the Georgia Trauma System, will be on the House Floor tomorrow.

In "qualifying news," below outlines highlights of certain races thus far:

• House
  • District 7 – Speaker David Ralston (R-Blue Ridge) arrived early on Monday, signing up to seek re-election to his seat.
  • District 20 – Charlice Byrd (R-Woodstock) has drawn opposition from Michael Caldwell (also a Republican).
  • District 37 – Currently held by Terry Johnson (D-Marietta) has drawn Jason Shepherd (a Republican) into the race.
  • District 38 – Rep. Pat Dooley (D-Marietta) has drawn a Republican opponent, Sam Teasley.
  • District 40 – Rep. Rob Teilhet (D-Smyrna) who currently holds this seat and intends on seeking the Attorney General spot has now had an individual, Stacey Evans (a Democrat) to qualify for this spot.
  • District 45 – Rep. Matt Dollar (R-Marietta) has drawn an opponent, Ruth Levy (Democrat).
  • District 65 – George Sneed (a Democrat) has announced his intention to seek the position held by Rep. Sharon Beasley-Teague (also a Democrat).
  • Three Clayton Districts – 75, 76, and 77 have drawn three newcomers into the elections: H. Shawn James; Carlotta Harrell; and James Brown (respectively and Democrats except for Mr. Brown).
  • District 79 – With Rep. Fran Millar running for State Senate, Tom Taylor (a Republican) has jumped into this spot.
  • District 102 – As Rep. Clay Cox (R-Lawrenceville) runs for Congress, two newcomers have announced their candidacy for his seat: Steve Allen and Linda Carsten (both Republicans).
  • District 113 – Hank Huckaby, a Republican from Athens, has qualified to seek outgoing Rep. Bob Smith's seat.
  • District 114 – Rep. Keith Heard (D-Athens) has drawn an opponent, Holly Ward, also a Democrat.
  • District 143 – Matt Hatchett (a Republican) has qualified to seek Rep. DuBose Porter's seat.
• Senate
  • District 29 – This spot is presently held by Sen. Seth Harp (R-Midland).  Joshua McKoon, also a Republican, has qualified to seek this job.
  • District 31 – Sen. Bill Heath (R-Bremen) has qualified and drawn Republican opposition, Pete Bridges.
  • District 32 – Lynda Coker has qualified as a Republican to seek the current seat held by Sen. Judson Hill (R-Marietta).
  • District 40 – Sen. Dan Weber (R-Dunwoody) has decided not to seek re-election.  Two folks have thrown their names into the ring for his soon to be vacant post:  Rep. Fran Millar (R-Dunwoody) and Jamie Sibold, a former GOP chair from DeKalb County.
  • District 43 – Diana Williams, a Republican, has qualified to seek the seat held now by Sen. Ron Ramsey (D-Decatur).
  • District 44 – Rep. Mike Glanton (D-Jonesboro) has qualified to seek Sen. Gail Buckner's seat.
  • District 50 – Sen. Jim Butterworth (R-Cornelia) has qualified but also now has a Republican opponent, Terry Rogers.
  • District 56 – Outgoing Sen. Dan Moody's (R-Alpharetta) spot has drawn only one candidate thus far, John Albers (R-Roswell).
  • District 17 – Rep. John Lunsford (R-McDonough) has qualified for the seat of outgoing Sen. John Douglas (R-Social Circle). Sen. Douglas will be running for the Public Service Commission.
• State Schools Superintendent – The first Democrat to qualify for this spot is Beth Farokhi. John Barge is the first Republican to sign up.
• Secretary of State – So far, two Democrats have thrown their names into the ring for this spot: Gary Horlacher (a lawyer and former member of Governor Roy Barnes' administration) and Gail Buckner (a current State Senator from Jonesboro). Doug MacGinnitie (a Republican) has now signed qualifying papers for this position.
• Attorney General – Ken Hodges, a Democrat, has qualified to seek this post.
• Agriculture Commissioner – Gary Black, who has sought this spot in the past, has signed up again as a Republican for this post.
• Insurance Commissioner – Five individuals have qualified to seek this job: Seth Harp (a current Republican State Senator from Midland); Ralph Hudgens (a Republican Senator from Hull); Rick Collum (also a Republican); Mary Squires (a former Democratic House Member); and Maria Sheffield (a former Department of Insurance staff member and Republican).
• Labor Commissioner – Rep. Mark Butler (R-Carrollton) has filed necessary papers to seek this statewide slot.
• Lieutenant Governor – Current Lieutenant Governor Casey Cagle (R-Gainesville) and Carol Porter (D-Dublin) have both qualified.
• Governor – Rep. DuBose Porter (D-Dublin) has now qualified to seek this post.
• House Congressional seats – So far, current Congressmen John Lewis, Sanford Bishop, Hank Johnson, David Scott, Jack Kingston, Phil Gingrey, Tom Price and John Barrow have signed up to seek re-election.  Some new folks have also announced:  Lee Hawkins and Bill Stephens (both former State Senators) in District 9 and Clay Cox and Tom Parrott in District 7 (Cox is a House member).  Former State Senator Regina Thomas (D-Savannah) has qualified to seek the District 12 (John Barrow) job; other opposition in that race will be Raymond McKinney, a Republican.
• United States Senate - Meanwhile, Sen. Johnny Isakson has also qualified to seek re-election but he has already drawn opposition from a Democrat, R.J. Hadley.

 

Floor News

Senate

The following Bills were debated on the Senate's Rules Calendar today:

SR 1395 – Sen. John Wiles (R-Marietta) proposed this "urging" Resolution for the "President and Congress of the United States to secure America's borders and reject demands to repeat the failed 1986 legalization program for illegal aliens for the protection of American jobs and our homeland."

HB 23 – This Bill would permit prohibit use of wireless telecommunications devices (cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device) by persons who are under 18 years of age with an instruction permit or Class D license while operating a motor vehicle. HB 23 passed 47 to zero.

HB 199 – This Bill amends O.C.G.A. § 17-7-40 and provides judicial discretion for the provision of notice and a hearing for consideration of a warrant application made without probable cause. HB 199 passed 46 to zero.

HB 249 – Rep. Chuck Martin (R-Alpharetta) originally authored this idea amending Georgia's law governing the Georgia Firefighters' Pension Fund and creating a new Code Section at O.C.G.A. § 47-7-127.  It will allow this Fund to invest in "alternative investments" (such as mezzanine funds, venture capital funds, leveraged buyouts, etc.). This Bill passed 45 to two.

HB 303 – Rep. Carl Rogers (R-Gainesville) offered this Bill expanding who may have access to child abuse records.  Current law permits a district attorney or an assistant district attorney.  Under this Bill, it will allow solicitor-generals and assistant solicitor-generals to have access to such information in O.C.G.A. § 49-5-41(a)(4). Sen. Crosby (R-Tifton) presented the Bill, which permits equal access to solicitors as presently permitted by district attorneys. HB 303 passed 48 to zero.

HB 323 – Speaker Ralston brought this Bill last Session.  It alters the Supreme Court's review process of death penalty cases. It also permits in O.C.G.A. § 17-10-37 that the Supreme Court have an assistant who will assist the Supreme Court in all review of death cases. Sen. Wiles (R-Marietta) presented the Bill. An amendment was presented as well, which was supported by Sen. Harp (R-Midland), requiring that a comparison be made in sentencing of crimes relating to life without parole and death penalty cases. This is known "portionality review" the amendment was adopted 31 to three and the Bill passed 41 to zero.

HB 335 – It creates in Title 48 a sales and use tax ("LOST") for local community support of economic development and quality of life purposes.  These LOST items would help support local cultural and community assets.  It also amends the ceiling of 14 percent for sales and use tax proceeds on water and sewer projects as found in O.C.G.A. § 48-8-201(d). This allows for these monies to be used for capital improvements and maintenance and operations, and can be impose on a fractional basis. HB 335 passed 44 to two.

HB 400 – Rep. Fran Millar (R-Dunwoody) proposed this measure initially.  It creates in O.C.G.A. § 20-2-325 et seq. the "Building Resourceful Individuals to Develop Georgia's Economy Act" to improve graduation rates and improve students' preparedness for post-secondary schools. HB 400 passed 44 to two.

HB 406 – This Bill, originally on the Senate Floor in 2009, has reappeared.  The Senate voted last year to reconsider its actions on this proposal concerning funding of water projects when they were inconsistent with service delivery strategies.  This Bill is written in O.C.G.A. §36-70-27. HB 406 passed 42 to seven.

HB 417 – Rep. Jay Neal (R-LaFayette) authored this Bill in 2009.  It requires in O.C.G.A.  § 33-1-19 that in the event of a dispute or complaint made to an insurer regarding any material which has been provided to insured in a language other than English, then the English language version of the policy as defined in paragraph (1) of Code Section 33-24-1 will control the resolution of the dispute or complaint. HB 417 passed without any changes 47 to one.

HB 516 – It requires that industrialized buildings will be deemed to comply with State minimum standards codes and local ordinances and regulations applicable to such buildings. This iniative codifies the Department of Community Affairs current rules and regulations on these residential industrial buildings. There were questions raised by Sen. Brown (D-Macon) concerning their impact to local zoning as it relates to manufactured housing. Sen. Goggans (R-Douglas) explained the proposal did not deal with mobile homes. HB 516 passed 43 to four.

HB 827 – This Bill amends law governing the Georgia State Indemnification Fund providing that, in the case of death or organic brain damage suffered in the line of duty (a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard) that if that individual does not have an unremarried spouse or dependents, then the indemnification payment is to be made to the parents or siblings of such person. This Bill equalizes the value of state highway employees' lives with those of other personnel such as police officers and firefighters. HB 827 passed 48 to zero with a floor amendment.

HB 858 – It amends Chapter 15 of Title 36 authorizing the use of law library funds to provide libraries for certain judges (now they are limited to superior and state court judges; this strips out those qualifiers, broadening which judges can get those funds). It further revises the applicability of a provision relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties and revises the population classification (from 700,000 to 950,000) of such provision so as to permit that provision to hereafter remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable. HB 858 passed 38 to zero.

HB 866 – Known as the Physicians Act for Rural Assistance Act in Chapter 34 of Title 31, this Bill allows the making of grants to hospitals and, "as determined by the State Medical Education Board, other health care entities, local governments, and civic organizations in physician underserved rural areas of Georgia that agree to provide matching funds to the grant, with the intent to enhance recruitment efforts in bringing physicians to such areas."  Any physician getting a loan must be a United States citizen or a national of the United States who is licensed to practice medicine in Georgia and has graduated from an accredited graduate medical education program in the United States. HB 866 passed 41 to zero.

HB 889 –This Bill defines in O.C.G.A. § 17-6-12 the court's discretion to permit a person be released from jail, when charged with a crime, on his or her own recognizance.  A person charged with a bail-restricted crime cannot be released under this manner. HB 889 passed 44 to one.

HB 898 – This Bill amends Georgia's law concerning the publication of information regarding persons who have been charged while driving under the influence.  Presently, an individual's photo and personal information such as name and street address is published.  This Bill would restrict the address information to the city, county and zip code and would not allow details regarding actual specific street address of the person convicted of such offense to be published. HB 898 passed 44 to zero.

HB 901 – It amends O.C.G.A. § 17-10-7(c) concerning convictions of three or more felonies so as to clarify that if convicted of a fourth felony that person will serve the maximum time, regardless if the earlier convictions were Georgia convictions of such offenses. HB 901 passed 26 to one.

HB 936 – It began as an amendment to O.C.G.A. § 20-2-188 to require that any funds that the State Board of Education allocates for school bus replacement may be used by local boards of education to refurbish existing school buses.  The State School Board will not be permitted to restrict the money for the purposes of only purchasing new or replacement school buses. Any school bus that is refurbished will be subject to all safety and maintenance inspection requirements and such refurbishment will be required to be done by a school bus manufacturer or by a dealer of a manufacturer. Each local board of education that refurbishes a school bus pursuant is "strongly encouraged to apply for federal funds to retrofit the engine." The State Board of Education is also required to notify the Environmental Protection Division when a local board of education receives State funds to refurbish a school bus so that the Division may provide information to such local board regarding the availability of federal funds for such purposes." The Bill also contains language regarding the Georgia Education Authority (Schools) and its membership, powers and duties so that this Authority may apply for additional ARRA funding. Amendments were offered to help "Bluebird Buses" in Fort Valley, but failed. The Bill passed 35 to seven.

HB 958 – This initiative changes the Georgia Ports Authority "security guards" to "peace officers" and be subject to the standards of the Georgia Peace Officers Standards and Training Act in Chapter 8 of Title 35. This Bill was presented by Sen. Carter (R-Savannah). It passed without amendments 39 to one.

HB 974 - The Bill seeks to amend the law governing the Peace Officers' Annuity and Benefit Fund, to provide that a member seeking creditable service for a period of absence from duty must have returned to service.  The officer can get one month of creditable service for each month of active membership up to twelve months. It permits vesting in this fund after 15 years rather than 10. HB 974 passed 40 to zero without questions.

HB 977 – Rep. Ed Rynders (R-Albany) proposed this Bill amending Georgia's "Quality Basic Education Act." It prohibits a local school board from using State funds to provide a salary increase for the local school superintendent or administrators during a school year in which that local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other non-administrative positions.  If such funds are used for these purposes, a public notice and hearing must be held on the issue. Sen. Thomas (R-Dalton) presented this initiative which also passed without questions 39 to zero.

HB 982 – This Bill will allow the Department of Revenue the ability to serve a summons for an administrative garnishment thus relieving it from costly court filings of these garnishment actions.  This process is outlined in O.C.G.A. § 48-2-55(g). Initially moved to the foot of the calendar, it was later brought to the Floor with three amendments which all passed and the Bill was then passed 46 to two.

HB 990 – Rep. Alan Powell (D-Hartwell) authored this Bill creating the Department of Revenue the ability to register a fleet of vehicles (100 or more vehicles) when a corporation or firm has an established place of business in Georgia.  All of these registrations would then expire in the same month.  These vehicles will be grouped and placed by classes and counties where they are domiciled. This Bill was presented by Sen. Wiles (R-Marietta) and brings Georgia into compliance with federal law and also addresses the size of flags on trailers. HB 990 passed 42 to zero.

HB 991 – Rep. Wendell Willard (R-Atlanta) calls this idea "baseball arbitration" for cities and counties in order for them to have a process to iron out their differences in the distribution proceeds of the joint county and municipal sales and use tax and the renegotiation of distribution certificates when a dispute arises. An amendment was presented on the floor by Sen. Rogers (R-Woodstock) specifying "LOST" required approvals via elections. HB 991 passed 45 to zero.

HB 1005 – The Bill creates a new specialty license plate for Zoo Atlanta.  It also provides definitions for taxicab and limousine.  It also received added language in the Senate so that in lieu of a county decal, individuals may insert a decal which states "In God We Trust;" counties may charge individuals for these decals but no more than they cost to produce. HB 1005 passed 44 to one. 

HB 1007 – Rep. Doug Holt (R-Social Circle) proposed this change in O.C.G.A. 16-10-6(c) concerning the sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions from $200.00 to $800.00 per calendar quarter. HB 1007 passed 45 to one.

HB 1012 – This expands the definition of "family" in O.C.G.A. § 40-2-86.18 and who may qualify for a Gold Star license plate when that family's serviceman or woman dies in combat. Sen. Seabaugh (R-Newnan) presented this bill. An amendment was offered by Sen. Staton (R-Macon) which was adopted. The Bill passed 41 to zero.

HB 1013 – Presently, the sales and use tax used for educational purposes which is levied by a local board of education must be published with an outline of its uses; this Bill will require that a searchable website may be used for posting such information.  The Bill also amends the Department of Audits and Accounts' requirements, adding that it must also provide the posting of information on a searchable website. A floor amendment was added after the Bill was "unengrossed" by Sen. Steve Thompson (D-Marietta) adding back that this information must be published in the legal organ and on the website. HB 1013 passed 45 to zero.

HB 1050 – It adds in Chapter 39A of Title 43 regulations for the establishment and maintenance of a real estate appraisal management company, which is a person who:

(i) Functions as a third-party intermediary between an appraiser and a user of real estate appraisal services;

(ii) Administers a network of appraisers performing real estate appraisal services as independent contractors;

(iii) Enters into an agreement to provide real estate appraisal services with a user of such services and one or more appraisers performing such services as independent contractors; or

(iv) Otherwise serves as a third-party broker of appraisal services.

Presented by Sen. Shafer (R-Duluth), this passed 49 to zero.

HB 1053 – This Bill outlines a process when there might be a period of time between the creation of the vacancy and the appointment of a qualified replacement for the solicitor-general.  In those instances, the chief assistant solicitor-general or, if there is no chief assistant solicitor-general, the assistant solicitor-general senior in time of service will be required to perform those duties of the solicitor-general and serve as the acting solicitor-general.  If no assistant solicitor-general available to perform the duties, then the clerk of court is to notify the chairperson of the board of commissioners or the sole commissioner, if the county is not governed by a board of commissioners. The chairperson or sole commissioner, as applicable, will then be required to appoint an acting solicitor-general. HB 1053 was presented by Sen. Wiles (R-Marietta) and passed 48 to zero.

HB 1059 – This Bill amends O.C.G.A. § 12-8-24 relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators.  It also adds a new Code Section in O.C.G.A. § 12-8-27 that "no person engaged in solid waste or special solid waste handling under this article shall produce or convey methane gas as a condition of or consideration for a contract with a public entity." Three clarifying amendments were made to HB 1059, which passed 45 to two. This issue will protect the small haulers of waste.

HB 1069 – It will provide for tax credits in O.C.G.A. § 48-7-40.29 for certain qualified equipment that reduces business or domestic energy or water usage.  There are conditions and limitation for these credits. HB 1069 passed 47 to one.

HB 1079 – It amends O.C.G.A. § 20-2-200 and permits a teacher expanded ways to pay for teacher certification fees to the Professional Standards Commission.  Presently, they only accept a cashier's check or money order; this broadens the payment type so that teachers may also pay by credit card, debit card or other method as approved by the Professional Standards Commission's Board. There were no questions relating to this bill which passed 48 to zero.

HB 1082 – Rep. Jay Powell (R-Camilla) authored this Bill amending Georgia's laws relating to ad valorem taxes to provide for level 1 and level 2 freeport exemptions. It also provides for applicability to business inventory in Chapter 5 of Title 48. HB 1082 passed 45 to one.

HB 1093 - It creates a new Code Section at O.C.G.A. § 48-13-20.1 requiring additional duties of a city or county when levying an occupation tax or a regulatory fee.  Any person who performs any business, occupation, or profession and who is subject to an occupation tax or regulatory fee will be required to provide to the municipality or county levying an occupation tax or regulatory fee, when such fee is due and payable, information as follows: "(1) The legal name of such business and any associated trade names; (2) The mailing address of such business and the actual physical address of each location of such business if different than the mailing address; and (3) The sales and use tax identification number assigned to such business by the department if such business is required to have such number pursuant to Article 1 of Chapter 8 of this title."  That information will then be transmitted electronically to the Department. Such municipality or county will also be required to submit any applicable North American Industry Classification System Code number or numbers electronically to the Department.  The Department will be required to establish and maintain an appropriate website or electronic portal for these submissions. HB 1093 was presented by Sen. Rogers (R-Woodstock) and passed without questions 48 to zero.

HB 1103 – This initiative provides for clearance certificates to be issued by the Professional Standards Commission relating to fingerprint and criminal background checks.  These criminal background checks and fingerprint requirements are also now extended to non-educators as well.  The Professional Standards Commission will then issue a clearance certificate verifying that the teacher and/or non-educator has undergone such fingerprinting and criminal background check. These certificates will be good for five-years.  Applicants for these "clearance certificates" will pay a fee of $20.00 to undergo the checks (those teachers or non-educators not currently employed in Georgia public or private schools). An amendment was offered relating to zero tolerance as it relates to bullying. HB 1103 passed 45 to zero.

HB 1105 – This Bill by Rep. Mickey Channell (R-Greensboro) amends O.C.G.A. § 48-5-504.40 to provide that watercraft held in inventory for resale shall continue to be exempt from taxation through December 31, 2013. This initiative passed 41 to six.

HB 1147 - Drawn by Rep. David Knight (R-Griffin), this Bill eliminates aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry and makes other revisions to make these liens compliant with federal requirements. This Bill was first introduced in 2006, but never fully completed. HB 1147 passed with a vote of 45 to zero.

HB 1186 – This Bill dealing with Georgia tax law provides an valorem tax exemption for certain public-private transportation projects (providing that property owned or leased by the State, a State agency, or another governmental entity and which is developed, operated, or held by a private partner shall be considered to be public property).  It also provides that these public-private transportation projects will not constitute special franchises. HB 1186 was presented without any additional changes, by Sen. Staton (R-Macon). This Bill passed 42 to five.

HB 1195 – It creates a new Chapter 14 in Title 34 for the Georgia Workforce Investment Board.  It also establishes the Governor's Office of Workforce Development. These programs will help with the implementation of Georgia Work Ready. HB 1195 passed 42 to one.

HB 1200 – This Bill creates a new Code Section in O.C.G.A. § 20-2-72 so that local boards of education will be "authorized to solicit and accept donations, contributions, and gifts of money from any source for the purposes of field trips for their students and for any other educational purposes." HB 1200 was presented by Sen. Sims (R-Dawson), she explained this was not a mandated. HB 1200 passed 44 to zero.

HB 1231 – Rep. Bobby Reese (R-Sugar Hill) offered this Bill to clarify the rules of the road regarding left and right turn requirements when a vehicle approaches an intersection in O.C.G.A. § 40-6-120. HB 1231 passed 42 to zero.

HB 1236 – This Bill amends O.C.G.A. § 50-18-31 changing the provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution.  It further reduces the number of reports that the reporter has to distribute. HB 1236 passed with an amendment, which was adopted requiring that municipal court judges be attorneys- 35 presently in the State are not attorneys, but will be grandfathered in with this bill. The Bill passed 46 to zero.

HB 1251 –This initiative creates in O.C.G.A. § 48-8-240 et seq. the "Georgia Tourism Development Act," which is a program of tax refunds for companies creating new State-approved tourism attractions. HB 1251 passed 43 to three.

HB 1260 – Rep. Ron Stephens (R-Savannah) offered this Bill amending O.C.G.A. § 50-4-7 concerning the State service delivery regions, clarifying that they will not impact the Division of Aging services and planning areas in addition to the health districts or mental health districts. Sen. Goggans (R-Douglas) presented this "housekeeping" bill which passed the Senate 47 to zero.

HB 1272 – This creates in O.C.G.A. § 31-12-15 a voluntary check-off on State income taxes a voluntary contribution mechanism to help fund lupus or kidney disease research. Five amendments to this Bill were adopted, they expand this check off, so that people may donate for Multiple Sclerosis and/or donate as an additional contribution to taxes in the general fund. This initiative passed 50 to zero.

HB 1307 – This proposal amends the teacher certificate renewal requirements so that from July 1, 2010, through July 1, 2015, no professional learning requirements will be required for certificate renewal for clear renewable certificates for certificated personnel or for certificate renewal for paraprofessionals. Sen. Weber (R-Dunwoody) presented this Bill which cleared 48 to zero.

HB 1314 – It adds in O.C.G.A. § 30-8-20 et seq. comprehensive regulation of individual development accounts for individuals who receive services through the Georgia Council on Developmental Disabilities.  It defines these "individual development accounts" as "a contract between an account holder and a fiduciary organization for the deposit of savings by an account holder at a financial institution and the deposit by the fiduciary organization of matching funds into a separate reserve account at a financial institution to allow the account holder to accumulate assets for use toward achieving any of the specific purposes enumerated in Code Section 37-8-22." These accounts may be established for these purposes:

1. The acquisition of postsecondary education or job training;
2. The purchase of a primary residence. In addition to payment on the purchase price of the residence, individual development account moneys may be used to pay any usual or reasonable settlement, financing, or other closing costs. The account holder shall not have owned or held any interest in a residence during the three years prior to making the purchase. However, this three-year period shall not apply to displaced homemakers or other individuals who have lost home ownership as a result of divorce;
3. Costs for major repairs or improvement to a primary residence;
4. The capitalization of a small business. Individual development account moneys may be used for capital, plant, equipment, and inventory expenses or for working capital pursuant to a business plan. The business plan shall be approved by a financial institution, nonprofit microenterprise program, or other qualified agent demonstrating business expertise and shall be approved by the fiduciary organization. The business plan shall include a description of the services or goods to be sold, a marketing plan, and projected financial statements; and
5. The purchase of assistive technology.

 

No questions were asked. This Bill passed 45 to zero.

HB 1321 – This legislation modifies Georgia's 9-1-1 system governed by the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," and provides an additional use for Emergency Telephone System Fund moneys. This initiative passed with a vote of 47 to one.

HB 1338 – This Bill amends O.C.G.A. § 40-6-228 regarding parking enforcement, and removes the requirement that a person appointed to enforce these laws have a disability. This Bill passed 43 to three.

HB 1393 – Known as "Delta's Bill," this proposal adds in O.C.G.A. 48-8-6(b)(2)(B) that: "In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010. Such tax shall not apply to the following:

(i) The sale or use of jet fuel to or by a qualify airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles."  It also adds an exemption from motor fuel taxes on sales of motor fuel for mass transit to be extended to June 30, 2012. HB 1393 was presented by Sen. Jones (D-Decatur) and passed 42 to two.

HB 1407 – Pushed by the Georgia Dental Association, this initiative would impose a single dental administrator to oversee Georgia's Medicaid and PeachCare programs.  Presently, the Care Management Organizations contract dental services out which is another layer in the payment and bureaucracy scheme for dentists to be paid for the services that they render under these programs. This change would be added in O.C.G.A. § 49-4-158. Sen. Thomas (R-Dalton) presented this Bill which cleared 47 to one.

HR 136 – This Constitutional Amendment proposal will amend the State's Constitution to allow the owners of real property located in industrial areas to remove the property from the industrial area.  This amendment would be inserted in Article XI, Section I, at Paragraph IV. This initiative really impacts Chatham County and passed 45 to two.

SR 1395 – This Resolution urges the United States Congress to secure the United States boarders in an effort to eliminate illegal aliens from entering the country. SR 1395 was adopted 34 to nine.

In addition to their Calendar, the Senate also took action on the following agrees/disagrees:

The Senate agreed to SB 346 as substituted by the House as amended with a vote of 48 to zero.

A Conference Committee was appointed on HB 321 after the Senate moved to adhere to its position. HB 321 now deals with prompt payment of insurance claims and bringing third party administrators under prompt pay law.

The Senate disagreed to the House substitute to SB 360.  SB 360 is the texting while driving bill.

The Senate agreed to the House substitute to SB 488 after it made its own amendment. This
Bill deals with tolling of statutes and addresses a court of appeals decision relating to finalizing a criminal action before pursuing a civil suit. The amendment made by the Senate clarifies that the lawsuit be brought in four years.

House

The House took up the following pieces of Legislation in attempt to wind down this year's Legislative Session:

SB 78 – This initiative amends the duties and responsibilities of the director of the Georgia Voluntary Remediation Program for hazardous waste. As it reached the House Floor, it also proposed establishment of the Voluntary Remediation Escrow Account. The language from HB 1298 was attached to SB 78. This added language would update Georgia's hazardous waste laws to federal standards. SB 78 passed 156 to one.

SB 99 – Sen. Johnny Grant offered this Bill to address boat sizes on Lake Sinclair; this proposal would limit the sizes of certain boats to 30 feet six inches but would grandfather certain vessels already on the lake.  SB 99 passed with one amendment 159 to two.

SB 138 – This initiative clarifies, in O.C.G.A. § 9-2-8, that legislative enactments do not create a private right of action unless expressly stated therein. SB 138 passed 132 to eight.

SB 283 – Sen. Bill Heath (R-Bremen) originated this Bill.  It amends O.C.G.A. § 47-2-292 governing the State Employees Retirement System.  It adds a new subsection (i):

Any other provision of this Code section to the contrary notwithstanding, no person who first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2010, shall be eligible for membership in this retirement system. Any person serving in any such position on July 1, 2010, who continues in service without a break in service, shall remain a member of this retirement system. The reelection of any such officer or the election of any eligible employee to such office shall not constitute a break in service.

SB 283 was postponed by the House.

SB 345 – As long as these events are advertised in the "legal organ" for the county where the event is to occur, it allows races on county or municipal roads when the race event is sanctioned by the local governing authority and the road is closed to other traffic. SB 345 passed 100 to 11.

SB 364 – This Bill was offered to provide better control and regulation of the practice of massage therapy.  It defines "entity" as the owner or operator of a business where massage therapy for compensation is performed in O.C.G.A. § 43-24A-3(4.1).  It also provides a list of activities which are considered to be violations to the practice of massage therapy, including to advertise the offering of massage therapy services combined with escort or dating services or adult entertainment; or to employ unlicensed massage therapists to perform massage therapy. SB 364, presented by Rep. Tony Sellier (R-Macon) passed 150 to eight.

SB 368 – This Bill amends Georgia's "Fair Business Practices Act of 1975," and provides for certain unlawful activity relating to the listing of certain telephone numbers in local telephone directories.  It addresses instances where "nonlocal" businesses advertise in a local telephone directory a local telephone number where those calls are routinely forwarded to out-of-state entities. It also considers it to be an unfair trade practice if the business, operating a toll-free number, fails to list the principal place of such business in the directory. SB 368 passed 157 to three with an amendment offered by Rep. Mike Jacobs (R-Atlanta).

SB 390 – It authorizes in O.C.G.A. § 36-9-3 that counties and municipal corporations may have the ability to grant conservation easements.  SB 390 passed 150 to nine.

SB 470 – It adds new portions in Chapter 9 of Title 16 making that it illegal "to prevent reasonable efforts to block the installation, execution, or disabling of a covered file-sharing program on computers" and further prohibiting any "offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on a computer without first providing clear and conspicuous notice to the authorized user of the computer that the files on that computer will be made available to the public, obtaining consent of the authorized user to install the program, and requiring affirmative steps by the authorized user to activate any feature on the program that will make files on that computer available." Rep. Barry Loudermilk (R-Cassville) passed with no amendments 159 to zero.

SB 252 – Last year's proposal to create the "Polysomnography Practice Act" which was passed in 2009 in another piece of legislation, became a "vehicle" in Chapter 34 of Title 43 for the Georgia Composite Medical Board to establish a professional health program to provide for monitoring and rehabilitation of impaired health care professionals.  The proposal, as it came to the House Floor, also would authorize the board to enter into a contract with an entity to conduct such program. SB 252 passed 150 to zero.

SB 316 – Sen. Don Thomas (R-Dalton) offered this Bill to extend who can be covered under "Medigap" policies in O.C.G.A. § 33-43-3.  It will require insurers which "offer Medicare supplemental insurance policies in Georgia to make available supplemental policies to persons under the age of 65 who qualify for Medicare due to disability or end-stage renal disease."  Further it provides time frames when persons may enroll in these policies and provides for payment by third parties.  The Bill limits differences in premiums charged to different applicants (such differences in premiums shall not be excessive, inadequate, or unfairly discriminatory and shall be based on sound actuarial principles and reasonable in relation to the benefits provide). SB 316 passed 147 to five.

SB 367 – Sen. Don Balfour (R-Snellville) originally proposed this Bill permitting the influenza vaccine to be offered in a nasal form.  However, this Bill was "gutted" and used to expand Georgia's law on "consent to treatment" when a patient is incapacitated and unable to render such consent by himself or herself.  The Bill, worked on by the Georgia Hospital Association and others, expands the list of who may provide such consent for those patients – now permitting "adult friend" to consent for the patient in the absence of a family member to do so. It also establishes a "temporary medical consent guardian" who may be appointed by the Court in O.C.G.A. § 29-4-18. Rep. Tim Bearden (R-Villa Rica) presented an amendment which would allow for an "adult friend" to make medical decisions for an incapacitated person if no family members are known of or living. SB 367 passed with the Bearden amendment 92 to 65. A motion was made to reconsider this action, but failed.

SB 432 – This Bill creates a new Chapter 66B in Title 36 which will be known as the "Advanced Broadband Collocation Act." It establishes the procedures for reviewing applications for the modification or collocation of wireless communication facilities. SB 432 passed 149 to one.

SB 449 – This Bill originally proposed the abolishment of the Golf Hall of Fame. It addresses in O.C.G.A. § 50-7-18 disposition of the Hall's assets.  Specifically, it will require: The Department of Economic Development to take possession of all of the Hall's assets, excluding all real property and statues, of the Georgia Golf Hall of Fame Authority and the Georgia Golf Hall of Fame Board. The Department will also be responsible for any contracts, leases, agreements, or other obligations of such board and authority with the Department being substituted as a party to any contract, agreement, lease, or other obligation and is responsible for performance as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations. Any statues owned or controlled by the Georgia Golf Hall of Fame are to be transferred by the Department, no later than January 1, 2011, to the city of Augusta. SB 449 passed 159 to zero.

SB 474 - Known as the "road kill" Bill, this legislation permits a person to take possession of native wildlife (a deer or bear) which has been killed accidentally by a motor vehicle. SB 474 passed 154 to three.

SB 521 – This measure amends Chapter 2 of Title 20 providing for enrollment counts under the "Quality Basic Education Act," for those students who are enrolled in dual enrollment programs.  It further outlines requirements for weighting of students in certain dual enrollment courses under the Quality Basic Education Formula in addition to establishing requirements relating to dual enrollment courses.  The Bill proposes establishment of a statewide common evaluation instruments to be used (for teachers, assistant principals and principals) and would apply to those evaluations made on or after July 1, 2011.  It also authorizes the Georgia Charter Schools Commission to reduce State funding to commission charter schools based on factors that affect the cost of providing such instruction. SB 521 was recommitted to the Rules Committee.

SR 821 – This Constitutional Amendment, originally drafted by Sen. David Shafer (R-Duluth), proposes to allow voters to decide whether to allow the Georgia Department of Transportation the ability to enter into multiyear construction agreements without obligating present funds for the full obligation to the state under the full term of such agreements; to provide for procedures, conditions, and limitations.  If ratified, it would amend Article VII, Section IV of the State's Constitution. SR 821 passed 160 to two.

HR 1736 – This urging Resolution urges the Secretary of State and Board of Regents to look into a Georgia Capitol and State museum. HR 1736 passed 153 to one.

HR 1936 – Also an urging Resolution, HR 1936 urges the Department of Community Health to educate the public on disposal of home-generated medical sharps. This Resolution passed 150 to four.

SB 411 – This Bill, known as the "Healthy Georgians Act of 2010," will allow for insurance providers to provide incentives for members that take proactive preventative steps in their health. An amendment was offered to this Bill and was adopted. SB 411 passed 102 to 53.

SB 173 – Rep. Rich Golick (R-Smyrna) presented SB 173 relating to the Criminal Justice Coordination Council and council members' compensation/reimbursement of expenses. This would clean up and codify the reimbursement and per diem rates. SB 173 passed 158 to zero.

The House also addressed the following agrees/disagrees:

The House disagreed to the Senate amendment of HB 305, which changes group participation requirements for discretionary life insurance policies.

The House disagreed to the Senate substitute to HB 1104, known as the smash and grab bill.