The Legislature adopted a new Adjournment Schedule today, providing a two-week recess to work on the Budget for Georgia.  Joint Budget hearings are to be scheduled for next week – which is unprecedented in recent Georgia history.  Under the new proposal, Lawmakers would return to the Capitol on March 8, 2010 for Legislative Day 21.

The previously scheduled State of the Judiciary, to be delivered by the Chief Justice of the Georgia Supreme Court to the General Assembly on February 24, 2010, will be rescheduled.

In other election-related news, Carol Porter, the wife of Gubernatorial Candidate DuBose Porter (current House Minority Leader from Dublin), caused a stir at recent gatherings while filling if for her husband at a speaking engagement.  Now, Mrs. Porter is considering a run at the State's second top job – Lieutenant Governor.  An announcement will likely be made in the coming months. 

House 

A stern warning from Speaker of the House David Ralston (R-Blue Ridge) was given to Lawmakers and lobbyists alike today, after a lobbyist was spotted on the Floor of the House.  The rule is that no lobbyists are allowed on the Floor. 

Before getting to business, a moment of silence was taken to remember slain McEachern High School football star, Rajaan Bennett, who was killed early Thursday morning.  

The first order of business was to pass the new Adjournment Resolution SR 1120, which the Senate had already passed earlier in the day. The new schedule will have the Legislature in adjournment for the next two weeks, coming back in on March 8, 2010.  This break gives the Appropriations Committees extra time to work on the FY 2010 Budget, as new revenue figures from February come in.  Speaker Ralston emphasized the precedence that Appropriations meetings would take over all other meetings and noted that the only other committees authorized to meet on the House side are Natural Resources and the Environment, Transportation, and Ways and Means. The Speaker specifically stated that no per diem would be given to members of any other committees.  

HB 867, authored by Rep. Ron Stephens (R-Savannah), was first up on the House Rules Calendar.  Rep. Stephens took the Well to explain that this Bill would create a Commission on Regional Planning, which will: 

• Coordinate state contracts and planning of resource allocation as well as state service delivery.
• Identify appropriate funding for commissions pursuing shared service delivery goals as well as issues requiring state, regional or local action.

 

He also explained that this Bill will establish the Commission’s governing board composition, with the Governor serving as a chairperson.  HB 867 passed 135 to 24. 

HB 901 passed the House today with a vote of 151 to 10.  HB 901, which was offered by Rep. Kevin Levitas (D-Atlanta), would remove an exception for capital felons and require them to serve the maximum sentence upon conviction of a fourth or subsequent felony.  Currently, the Code includes the phrase "other than a capital felony". This Bill removes that language. 

Rep. Ed Rynders (R-Albany) presented HB 977 as "a feel good bill."  HB 977 relates to employment under the “Quality Basic Education Act” and prohibits the use of State funds to provide salary increases for local school superintendents or administrators during a school year that the local board of education has furloughed teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff or other non-administrative positions. If the local school board intends to do so they must provide notice of a public hearing for full discussion and public input. However, this does not apply to any step increases on the state salary schedule for superintendents or administrators. HB 977 passed 162 to zero. 

Rep. Jill Chambers (R-Atlanta) presented her Bill, HB 981, the last Bill on the Calendar for the day. HB 981 amends O.C.G.A. § 40-8-91 to allow the Commissioner of the Department of Public Safety to have State Patrol cars painted a solid color, instead of a two-toned scheme. The current regulations regarding two-toned color schemes remain unchanged.  HB 981 just offers another option when considering painting of patrol cars.  Rep. Chambers cited this as a cost control method.  HB 981 passed 159 to 3. 

Senate 

A number of Bills hit the Senate Floor, including two "tabled" bills from February 17, 2010.  The Doctor of the Day, Raphael Gershon, MD MBA, was presented by Sen. David Adelman (D-Atlanta).  Dr. Gershon, an anesthesiologist from Emory, was there to provide assistance in the Capitol to Lawmakers. 

Sen. Jeff Mullis (R-Chickamauga) took a moment to remind his fellow Senators that it was "Transit Day" at the State Capitol and suggested that each ride transit as he did that morning to the Capitol. 

SB 367, by Sen. Don Balfour (R-Snellville), cleared the Senate today. His Bill amends O.C.G.A. § 43-34-26.1, concerning influenza vaccine protocol agreements, so that the vaccine will permit not only inactivated virus to be administered by injection but also a live attenuated virus to be administered by nasal spray.

The FY 2010 Amended Budget was presented and Lawmakers cleared this proposal by a vote of 44 to six.  There were also six individuals who did not vote on HB 947.   

Sen. Ed Harbison (D-Columbus) moved his Bill, SB 355, through the process with a vote of 52 to zero.  SB 355 amends O.C.G.A. § 31-21-7 and how to dispose of the remains of deceased persons and adds a new subparagraph: 

"(1.1) If the deceased person died while serving in any branch of the United States Armed Forces as defined in 10 U.S.C. Section 148, the person, if any, designated by the deceased person as authorized to direct disposition as listed on the deceased person's United States Department of Defense Record of Emergency Data, DD Form 93, or any similar successor form adopted by the Department of Defense;" 

Sen. Bill Cowsert (R-Athens) passed SB 371, which provides the Georgia Bureau of Investigation with the authority to investigate certain offenses involving fraudulent residential real estate mortgage transactions.  The Bill cleared with votes of 52 to zero. 

SB 237, presented by Sen. Jeff Mullis (R-Chickamauga), passed with a vote of 52 to two.  The initiative amends O.C.G.A. § 10-1-393.4 concerning unfair trade practices, specifying that during a State of Emergency, clarifying what the price at which a retailer of gasoline or diesel products may sell its goods during such emergency. 

The Senate also passed Sen. Don Thomas' (R-Dalton) Bill, SB 316 requiring in Chapter 43 of Title 33 that insurers who offer Medicare supplemental insurance policies in Georgia must make available supplemental policies to persons under the age of 65 who qualify for Medicare due to disability or end-stage renal disease.  This Bill passed with a vote of 50 to zero and with the support of Sen. Donzella James' (D-Atlanta) whose husband is a current dialysis patient. 

Sen. Chip Rogers (R-Woodstock) removed SB 254 and SR 510 from the Table.  These pieces of legislation would permit the State to enter into multi-year leases and could potentially save the State more than $30 million annually.  SB 254 cleared with a vote of 52 to zero; and SR 510, the accompanying Constitutional Amendment, passed with a vote of 50 to 3.

New Legislation 

HB 1238 – Rep. Sean Jerguson (R-Woodstock) authored this amendment in Part 6 of Article 4 of Chapter 11 of Title 16 creating the "Georgia Firearms Freedom Act."  A firearm which is manufactured and located in Georgia would not be subject to federal law or regulations.  It defines "manufactured" as a "firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials."  This exemption from federal law or federal regulation, including registration, would apply to any manufactured either commercially or privately in Georgia and which remain within the borders of Georgia – an those items would have to be clearly stamped "Made in Georgia" on a metallic part (such as receiver or frame).  The exceptions are: 

(1) A firearm that cannot be carried and used by one person;

(2) A firearm that has a bore diameter greater than 1 1/2 inches and uses smokeless powder, not black powder, as a propellant;

(3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

HB 1239 – Rep. Jay Neal (R-LaFayette) introduced this proposal to enact the "Georgia Tourism Job Creation Act" in Article 5 of Chapter 8 of Title 48.  The idea is to permit a program of tax refunds for companies which create new tourism attractions (which would have to enter into agreements with the Department of Community Affairs (under an application process which would then be subject to an approval process)).  The proposal outlines the "approved costs" for such (including things such as construction materials and equipment; contract bonds and insurance; and etc.).  If approved, the "approved company" would be granted a sales and use tax refund from the incremental sales and use tax on "sales generated by the approved company and arising at the tourism attraction; and sales generated by the approved company that are attributable to and connected with any project to be a part of or an addition to an existing tourism attraction."  Annual records would be required that delineate the increase in sales created by a project for eligibility of this refund.  A privately owned tourism attraction would be granted such refund for ten years; those owned by one or more counties or municipalities in Georgia or an agency, authority or instrumentality created by the State or a county/municipality would be permitted such refund for 20 years. The proposal outlines the limits on such refunds in O.C.G.A. § 48-8-243(e).

SB 430 – Sen. Renee Unterman (R-Buford) has proposed adding a new Article 4 to Chapter 26 of Title 43, creating the "Nurse Licensure Compact," to provide for a multi-state compact for the licensing of nurses to practice telephonic nursing as a registered nurse.  The "guts" of this proposal lie in O.C.G.A. § 43-26-73: 

(a) A license to practice registered nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice telephonic nursing as a registered nurse in such party state. In order to obtain or retain a license, an applicant shall meet the home state's qualifications for licensure and license renewal as well as all other applicable state laws.

(b) Party states may, in accordance with state due process laws, limit or revoke the multistate licensure privilege of any nurse to practice in their state and may take any other actions under their applicable state laws necessary to protect the health and safety of their citizens. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

(c) Every nurse practicing in a party state shall comply with the state practice laws of the state in which the patient is located at the time care is rendered. In addition, the practice of nursing shall not be limited to patient care but shall include all nursing practice as defined by the state practice laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse licensing board and the courts, as well as the laws, in that party state.

(d) This compact shall not affect additional requirements imposed by states for advanced practice registered nursing.

(e) Individuals not residing in a party state shall continue to be able to apply for nurse licensure as provided for under the laws of each party state. However, the license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state unless explicitly agreed to by that party state. 

It outlines the licensure application process; powers of nursing boards; party states development of coordinated database of these nurses; oversight by the division director of the professional licensing boards of Georgia who will be the administrator of this compact; and enforcement of the compact. 

SB 431 – Sen. Lee Hawkins (R-Gainesville) proposed amendments to Georgia's Tax Code at O.C.G.A. § 48-13-20.1 requiring certain circumstances a municipality or county which imposes certain circumstances a municipality or county can impose occupation taxes or regulatory fees to be collected from taxpayers. 

SB 433 – Sen. Donzella James (D-Atlanta) authored this amendment in Chapter 1 of Title 34 to prohibit employers from requesting credit reports (including credit score, credit account balances, payment history, savings or checking account balances, or savings or checking account numbers) on employees or prospective employees with certain exceptions.  These exceptions include: 

(1) Such credit report is substantially related to the employee's current or prospective job;

(2) Such credit report is required by law; or

(3) The employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of the law. 

SB 435 – Sen. Don Thomas (R-Dalton) offered this initiative adding a new Code Section at O.C.G.A. § 31-2-17.1 establishing within the Department of Community Health's Division of Public Health, the Georgia Diabetes Control Office.  Its purpose would be to develop, implement and promote the statewide effort to "combat the proliferation of Types 1 and 2 diabetes and pre-diabetes."  It would have a five-member Board of Trustees, appointed by the Governor, which would be composed of a licensed physician from Georgia; a Georgia-licensed registered nurse; a Georgia-licensed dietician; a diabetes educator; and a representative of the community.  The Commissioner of Department of Community Health and the Chairs of the Senate Education and Youth Committee, House Committee on Education, Senate Health and Human Services Committee, and House Committee on Health and Human Services will serve in ex-officio capacities to this Board.   

SB 439 – Sen. Preston Smith (R-Rome) introduced a change to O.C.G.A. § 16-6-22(a) providing for gender neutrality with regards to the offense of incest (eliminating daughter/stepdaughter; son/stepson; and brother/sister) from current Code. 

SB 441 – Sen. Emanuel Jones (D-Decatur) offered a new Chapter 5A to Title 43 to regulate and license fitness trainers.  It would create the Georgia Board of Fitness Trainers to oversee this profession. 

SB 442 – Sen. Dan Weber (R-Dunwoody) authored a new Part 6 to Chapter 5 of Title 12 providing that the Georgia Environmental Facilities Authority is mandated to request for proposal (no later than September 1, 2010) an engineering study to identify interconnections and redundancies in an effort to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District.  It also would require a written emergency water supply plan to be created, and the requirements of that plan.  This plan would be required to identify and plan for (based on 2035 forecasted demand):

(1) A district-wide interconnection reliability target for immediate implementation as follows:

(A) For qualified systems utilizing smaller water sources, approximately 35 percent of the annual average daily demand; and

(B) For qualified systems utilizing the major water supply sources of Lake Lanier, Allatoona Lake, the Chattahoochee River, or the Etowah River, approximately 35 percent of the annual average daily demand when the largest water treatment plant is offline; and

(2) A long-range district-wide interconnection reliability planning goal as follows:

(A) For qualified systems utilizing smaller water sources, approximately 65 percent of the annual average daily demand; and

(B) For qualified systems utilizing the major water supply sources of Lake Lanier, Allatoona Lake, the Chattahoochee River, or the Etowah River, approximately 65 percent of the annual average daily demand when the largest water treatment plant is offline. 

The emergency plan would have to be completed no later than July 31, 2011 and be submitted to the Director of the Environmental Protection Division of the Department of Natural Resources, Director of the Georgia Emergency Management Agency, Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairs of the House and Senate Natural Resources Committees and House and Senate Appropriations Committees.  It would be required periodic updates; costs of preparing this emergency plan would be borne by the Georgia Environmental Facilities Authority. 

SB 443 – Sen. Preston Smith (R-Rome) introduced a new Code Section for O.C.G.A. § 33-21A-13, creating the "Medicaid Care Management Organization Legislative Oversight Committee" composed of eight individuals: three members from each the House and Senate with appointments by the Speaker and President of the Senate respectively; and one member from the House appointed by the Governor and one member from the Senate appointed by the Governor.  They will be selected within ten days after the convening of the General Assembly in each odd-numbered year, serving until their successors are appointed.  The Lieutenant Governor will appoint a member of the Committee to serve as its Chairperson.  This Committee will be required to meet at least three times on an annual basis to review and evaluate: 

(1) Information relating to consumer complaints involving eligibility determinations;

(2) Information relating to provider complaints involving payment or coverage issues;

(3) Information relating to a care management organization's compliance with contract terms, including timeframes and deadlines;

(4) Information relating to a care management organization's compliance with statutory and regulatory requirements; and

(5) Such other information or reports as deemed necessary by the committee. 

It also requires that the Departments of Community Health and Insurance cooperate with the Committee and provide information or reports as requested.  The Committee will provide an annual report of any of its activities and findings to the General Assembly and Governor within one week of the convening of each regular session of the General Assembly.  This Committee can also request that a performance audit of services provided by these care management organizations for Medicaid and PeachCare be conducted. 

SB 444 – Sen. David Adelman (D-Atlanta) introduced a new Code Section for O.C.G.A. § 48-8-68 concerning sales and use taxes to provide for a tax credit (for the period of July 1, 2010 through December 31, 2014) for certain dealers who construct, lease, or purchase clean energy properties in Georgia.  "Clean energy property" is defined as: 

A) Solar energy equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy;

(B) Energy Star certified geothermal heat pump systems;

(C) Energy efficient projects as follows:

(i) Lighting retrofit projects. 'Lighting retrofit project' means a lighting retrofit system that employs dual switching (ability to switch off roughly half the lights and still have fairly uniform light distribution), delamping, daylighting, relamping, or other controls or processes which reduce annual energy and power consumption by 30 percent compared to the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004); and

(ii) Energy efficient buildings. 'Energy efficient building' means for other than single-family residential property, new or retrofitted buildings that are designed, constructed, and certified to exceed the standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004) by 30 percent;

(D) Wind equipment required to capture and convert wind energy into electricity or mechanical power, as well as related devices that may be required for converting, conditioning, and storing the electricity produced by wind equipment; and

(E) Biomass equipment to convert wood residuals into electricity through gasification and pyrolysis. 

SB 445 – Sen. Judson Hill (R-Marietta) introduced a new Code Section for O.C.G.A. § 33-29-3.5 to provide that insurers that issue plans of individual accident and sickness insurance will be required to include within at least one such plan offered a wellness incentive program under which the insurer is to provide a partial premium reimbursement for those insureds under that policy who meet the requirements of that wellness incentive program (participating in wellness and health promotion programs, disease and condition management programs, and health risk appraisal programs and providing biometric data, such as blood pressure levels, cholesterol levels, and body mass index values, conforming with nationally recognized standards based upon age or industry recognized biometrics).  These would not be considered as engagements in unfair trade practices as outlined in O.C.G.A. § 33-6-4.  These same provisions would apply to group or blanket accident and sickness insurance as found in a new Code Section at O.C.G.A. § 33-30-4.6.  Such would become effective on July 1, 2010, applying to all policies issued, delivered, or issued for delivery in Georgia on and after that date. 

SB 446 – Sen. Don Balfour (R-Snellville) proposed changes to Georgia's Subsequent Injury Trust Fund law to ensure that for the purposes of assessments to this Fund total workers' compensation claims shall not include claims related to losses arising from certain catastrophic evens that cannot give rise to a Subsequent Injury Trust Fund liability.  This change would be added in O.C.G.A. § 34-9-358(g). 

SB 448 – Sen. Jeff Mullis (R-Chickamauga) introduced amendments to O.C.G.A. § 32-2-20(b) and (c) concerning membership on Georgia's State Transportation Board.  It would require members of that Board to serve the same terms as members of the General Assembly, unless a member is recalled by a majority vote of the legislative caucus that elected him or her.  Changes due to vacancy for any cause would also include a recall of the member.  If passed and signed into law, this Act would take effect on January 1, 2011 but would be required to be ratified by the voters in a statewide general election through a Constitutional Amendment in the November 2010 election. 

Committee News 

House Rules Committee 

The House Rules Committee set the following Rules Calendar for Monday, March 8, 2010: 

• HB 180, offered by Rep. Melvin Everson (R-Snellville), which changes current Code relating to tattooing around the eye socket. This Bill provides that such procedures will be permissible in Georgia when performed by a physician or an appropriately licensed technician under supervision of a physician, and that physician’s principal practice location is in Georgia. Tattooing around the eye-socket will still be prohibited in tattoo parlors.
• HB 858, proposed by Rep. Rich Golick (R-Smyrna), increases the county population (from 700,000 to 950,000) below which those counties are allowed to retain certain funds in the county law library fund for the purposes of supporting a law library rather than placing them in the general treasury.
• HB 903, authored by Rep. Mark Burkhalter (R-Johns Creek), which provides for an extension of Atlanta’s hotel motel tax past the current expiration date of December 31 2020, through 2050, to allow for discussions to begin between the Georgia World Congress Center and the Atlanta Falcons to determine if the Falcons will continue to play in Atlanta. This Bill provides that the tax will be extended through 2050 if the same portion of the tax that is currently being used for funding of the Georgia Dome is used to fund a successor facility located on property owned by the World Congress Center and if a contract has been entered into between the Congress Center and a Nation Football League team for use of the facility through the end of the new extended period of the tax. In addition, during the extension of the tax, the same portion of the tax that is currently being used to fund other tourism initiatives in Georgia will continue to be used for that purpose.
• HB 1054, proposed by Rep. Len Walker (R-Monroe), would allow food stamp recipients to make online internet orders for food from non-profit corporations, pending approval of the USDA in O.C.G.A. § 49-4-20.
• HB 1058, offered by Rep. Bob Lane (R-Statesboro), reduces the Weakfish possession limit to one per trip in O.C.G.A. § 27-4-130.1(c). The current limit on Weakfish is six.  
• SB 84, authored by Sen. Bill Heath (R-Bremen), creates specific standards and regulations for local school board members. Under this Bill, the State Board of Education will create a code of ethics and a training program for all school board members. A new standardized ethics policy by state school boards will be included in the ethics policy adopted by local boards as a minimum, laws relating to board and superintendent roles and responsibilities will be clarified, and qualifications for candidates will be put into force. If a school board is in danger of losing accreditation, the Governor can suspend school board members and replace them. 

 

House Special Committee on Small Business and Job Creation  

HB 1023, offered by Rep. Tom Graves (R-Ranger) was taken up by the Committee today. House Bill 1023 makes several changes in the Code to provide tax relief and encourage employment opportunities and business stimulation.  The Bill makes the following changes: 

• Provides for a “Year for Georgia Entrepreneurs” which is a one year waiver of certain Secretary of State filing fees for corporations, limited partnerships, and LLCs which will be effective from July 1, 2010 through June 30, 2011.
• Provides employers with the “Georgia Works Tax Credit” for hiring people that have been receiving unemployment compensation
  • Quarterly credit against their required unemployment contributions in an amount between $25 and $125 per employee per calendar quarter, to be determined by the Commissioner of the Department of Labor based on conditions in the labor market, the state of the economy, and the state-wide reserve ratio.
  • This provision will only become effective upon the United States Secretary of Labor determining that it is in conformity with federal law.
• Provides corporations and individuals with an income tax exclusion for long-term capital gains
  • In the year following the year in which the revenue shortfall reserve is funded at $500 million or more, the exclusion amount is 25 percent of the total net long-term capital gains.
  • For all tax years after that, the exclusion amount is 50 percent
• Provides employers with a $2,400 income tax credit per employee if they hire unemployed people through the end of June, 2011 and employ them for at least 2 years.
  • Credit may be taken in the year the 24th month of employment is completed
  • Employee must have been unemployed at least thirteen weeks immediately prior to being hired, and must be compensated at least 180 percent of the poverty level
  • Any unused credit may be carried forward two years
• Creates the “Angel Investor Income Tax Credit” to encourage third party investment in early stage businesses
  • Provides an income tax credit to investors that make investments in qualified businesses in 2010, 2011, 2012, 2013, or 2014 to be taken in the second year following the year of the investment.
  • Credit is equal to the lesser of $50,000 or 50% of the aggregate amount of an individual’s investments.
  • Qualified businesses include businesses domiciled in Georgia that employ 20 or fewer people, have gross annual sales of less than $500,000, have not obtained more than $1 million in cash proceeds from the issuance of equity or debt, and have a business net worth of less than $3 million
  • The aggregate cap of all tax credits shall not exceed $10 million per year
• Eliminates the corporate net worth tax beginning in 2011 

 

This Bill passed by Committee Substitute. 

Senate Health and Human Services Committee 

Sen. Don Thomas (R-Dalton) hosted a Senate Health and Human Services Committee meeting in the afternoon to hear two Bills. 

SB 412 

SB 412, by Sen. Greg Goggans (R-Douglas), was presented by Counsel to Lt. Governor, Irene Munn.  The initiative proposes to create the Georgia eHealth Advisory Council.  The idea is to encourage more "telehealth" for individuals in an effort to create access to care across Georgia. 

The Bill had been amended from its original form and came to the Committee as a Committee Substitute; however, no vote was taken on the legislation due to several questions raised by the Committee and the idea that the representation on the Council should have someone from the technology industry present – Sens. Renee Unterman (R-Buford) and Don Balfour argued that the Bill should include a company such as Cisco (which operates in Gwinnett County).   A couple of the revisions made, from the original form, included adding that not only would the Commissioner of the Department of Community Health, Division Director of Public Health, Commissioner of Department of Corrections, Commissioner of Department of Behavioral Health and Developmental Disabilities, and a representative from the Georgia Trauma Care Network Commission would be on this "Council" but also it would include Commissioners of Juvenile Justice and Human Services.  The Council would also get administrative help from the Department of Community Health and would serve in advisory capacity to that Department rather than be administratively attached to that Department.

Sen. Preston Smith (R-Rome) also offered some language to SB 412 that he felt should be included under the "findings" portion which would be codified in Georgia law – under the proposal, it states that "the State of Georgia is suffering from decreasing access to quality health care and escalating health care costs while at the same time undergoing a serious budget shortage."  Sen. Smith suggested that perhaps a "softer" approach to such summary of Georgia's health care might be used so that it might not look so abysmal in law. 

SB 425 

The other Bill which came before the Committee was SB 425, by Sen. Don Balfour (R-Snellville).  The measure was pushed by the State's Community Service Boards ("CSBs).  Darryl Gay, the Director of the DeKalb CSB was on hand to help address questions.  The Bill purportedly addresses several "ethical questions" and helps the CSBs better enforce contracts.  According to the lobbyist for the CSBs, Commissioner Frank Shelp (Department of Behavioral Health and Developmental Disabilities), supports the proposal as it would provide more healthcares services to individuals.  

Sen. John Wiles felt that Section 5 of SB 425 was wrong because it essentially would provide an exemption to the CSBs from the open records law.  He felt that these entities were public entities, and thus, moved to strike that language.  His motion carried with Sen. Balfour's approval.  The Bill then cleared the Committee. 

Senate Education Committee 

The Senate Education Committee took up a rather controversial piece of Legislation today. SB 361, authored and presented by Sen. Chip Rogers (R-Woodstock), would expand on the "Special Needs School Choice Voucher" law that was passed three years ago by the General Assembly. This change would expand the voucher program to include children in foster care and children of military parents. Section 504 children, children who have no learning disability, but who are hindered in daily life activities, are also included in this expansion.  The Bill would rename the Special Needs Vouchers to the "Early Hope Scholarship."  The vouchers would also be increased from $6,300 to $9,000.  SB 361 passed the Committee with only one dissenting vote.  

Senate Rules Committee 

The Senate Rules Committee set their Rules Calendar for March 8, 2010 with the following items: 

• SB 298, by Sen. Valencia Seay (D-Riverdale), which would require as a part of the study of health education by secondary school students a course in basic first aid
• SB 310, by Sen. Lee Hawkins (R-Gainesville), which will provide for the regulation of licensure of 200 pharmacy benefit managers in Georgia
• SB 313, by Sen. Ed Harbison (D-Columbus), which deals with the use of un-sworn testimony of witnesses in grand jury proceedings
• SB 322, by Sen. Chip Pearson (R-Dawsonville), which clarifies zoning laws regarding property covenants
• SB 334, by Sen. Judson Hill (R-Marietta), creating the crime of medical identity fraud
• SB 340, by Sen. Seth Harp (R-Midland), which requires school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility of students and
• SB 381, by Sen. Tim Golden (D-Valdosta), which would require tax and fee expenditure reports as a part of the State's budgeting process.