Gold Dome Report for January 31, 2011
Lawmakers returned today to work. While neither Chamber was in Session long, many Committees met once Lawmakers left the House and Senate Chambers.
Also, quilters from around Georgia had an impressive display in the South Atrium today. Their goal is to raise funds for a Southeastern Quilt and Textile Museum to be housed in Carrollton.
Floor News
House Floor
The most interesting event in the House dealt with the motion to over-ride Governor Perdue's veto, Veto 20, on SB 1. A motion was made to over-ride Veto 20 by Rep. Bobby Franklin (R-Marietta). However, on his first attempt, Speaker Ralston would not recognize Rep. Franklin for the motion but rather said that the House would address the matter later. A few minutes went by with House Clerk reading a message from the State Senate, which was received last Thursday, after the House had adjourned. The Senate's message was that it had taken action to over-ride Veto 20 or SB 1 which had proposed that the State use zero-base budgeting. Rep. Franklin's argument was that the House had to immediately consider this action taken as it was Constitutional obligation. Speaker Ralston declared that the House had considered the action as he had sent the legislation to the House Rules Committee rather than having the House to take action on the actual over-ride (which was Rep. Franklin's request). Rep. Franklin appealed the ruling of the chair and his motion then failed with a vote of 1 to 164.
Rep. Mike Dudgeon (R-Suwanee) had the pleasure of introducing the Doctor of the Day, Russell Mitchell, M.D.and an emergency room physician at Northside Hospital.
In the morning orders, Rep. Roberta Abdul-Salaam thanked her colleagues for their support, calls, and prayers as she had been in the hospital for a month. The House welcomed her back.
Senate Floor
Georgia Senators returned to action on Monday after the long weekend. Dr. Russell Mitchell, the Doctor of the Day, was introduced and a class of 3rd graders was recognized in the gallery by Lt. Governor Casey Cagle. Resolutions were read quickly and there was some discussion about the accreditation of the Atlanta Public School system. On Thursday, all Senators were asked to wear a red tie or scarf in order to support Go Red for Women.
New Legislation
HB 107 – Speaker Ralston (R-Blue Ridge) authored this continuation of healthcare benefits for the spouse or dependent of deceased public employees in O.C.G.A. §45-18-9 allowing a surviving spouse and dependents of the State employee killed while within the scope of his or her employment to be entitled to continuing healthcare coverage under the State's health insurance plan.
SB 31 – Sen. Bill Cowsert (R-Athens) authored this Bill extending attorney-client privilege to third persons under certain circumstances. It establishes definitions in O.C.G.A. § 24-9-21(b) for the terms "client," "psychotherapeutic relationship," and "psychotherapy." Further, it adds in O.C.G.A. § 17-16-4(b)(3)(C) adding a cross-reference back to confidential communications as found in O.C.G.A. § 24-9-21 and disclosures required by a prosecuting attorney and defendant within five days prior to the commencement of a trial.
SB 32 – Sen. David Shafer (R-Duluth) offered this amendment to O.C.G.A. § 46-2-28 relating to the process and procedure of issuance of stocks, bonds, notes or other debt by companies under the jurisdiction of the Public Service Commission. It provides an exemption from the procedures the local exchange companies, defined in O.C.G.A. § 46-5-162(10) if the stocks, bonds, notes, or other evidences of debt are issued as a part of a debt transaction that is an interstate transaction as long as evidenced by certain situations: (1) local exchange company is a wholly owned subsidiary of a parent company headquartered or domiciled in a foreign jurisdiction; (2) debt transaction is by and between the parent company, the primary obligor, and a national bank or other lending or financial institution licensed or authorized to enter into such debt transaction by any state or federal agency; and (3) the local exchange company is issuing stocks, bonds, notes, or other evidences of debt for the purpose of providing collateral or other security to the lending or financial institution in order to accommodate the debt transaction of a parent company or other entity.
SB 33 – Sen. David Shafer (R-Duluth) proposed this initiative to be cited as the "Waste Reduction Act of 2011" in O.C.G.A. § 45-23-75.1 for the application of zero-base budgeting to the State's budget process intending for no more than one-third nor less than one-quarter of all programs in the Budget report released by the Governor to include zero-base budgeting. No program will be required to use zero-base budgeting more often than once every four years. This process would also be applied to the Board of Regents and its program funding.
SB 34 – Sen. Chip Rogers (R-Woodstock) authored amendments to the State's Quality Basic Education Act with the addition of a new Code Section at O.C.G.A. § 20-2-319.3 to authorize public school students in charter schools and virtual schools to participate in extra-curricular activities at their resident school. The non-enrolled student would be required to comply with the same rules and requirements and be subject to the same Code of Conduct applicable to any student's participation in the same activity.
SB 35 – Sen. Mitch Seabaugh (R-Sharpsburg) offered this Bill adding a new Code Section at O.C.G.A. § 50-5A-12 prohibiting the recalling of funds once they have been deposited into an account outside of the State's control. This Bill addresses the situation where the Department of Revenue recently recalled tax refunds after they were incorrectly paid from banks causing a large outcry from taxpayers as their checking accounts were over-drawn and penalties were applied.
SB 36 – Sen. Buddy Carter (R-Savannah) proposed this year's version of the program to monitor the prescribing and dispensing of Schedule II, III, IV and V controlled substances in Chapter 13 of Title 16. It adds definitions to O.C.G.A. § 16-13-21 for such terms as "addiction," "board," "bureau," "dependent, dependency, physical dependency, psychological dependency or psychic dependency," "dispenser," "patient," "prescriber," "schedule II, III, IV, or V controlled substance," and "tolerance." In O.C.G.A. § 16-13-57 it outlines how this prescribing and dispensing monitoring will be accomplished and that it would be administered by the State Board of Pharmacy or its designee (as long as it was a State agency). The Board would use grant funding, gifts, donations and other funds to maintain the program. Dispensers would be required to submit information to the Board by electronic means on information pertaining to prescriptions dispensed for a Schedule II, III, IV or V controlled substance. There is a confidentiality section on information which is submitted, which would not be subject to open records' requirements as found in Chapter 18 of Title 50.
SB 37 – Sen. Buddy Carter (R-Savannah) introduced this Bill which would give the State Properties Commission the authority to enter into multiyear lease agreements. The Bill would not allow for the term of a lease to exceed 20 years.
SR 77 – Sen. Steve Gooch (R-Dahlonega) proposed this Resolution which would recognize February 3, 2011 as North Georgia College and State University Day at the State Capitol.
SR 84 – Sen. Buddy Carter (R-Savannah) proposed this Amendment to the Constitution which would authorize the General Assembly to allow State entities to enter into multiyear rental agreements without obligating present funds for the full obligation.
Committee News
Senate Veterans, Military, and Homeland Security Committee
Chairman Ed Harbison (D-Columbus) opened this meeting by giving all Committee members an opportunity to introduce themselves. The first order of business was the adoption of rules for the Session. In discussing actual legislation, Sen. Hill (R-Marietta) proposed an amendment to SB 18 which would provide job security guarantees for State Defense Force members that have served Georgia as volunteers during times of emergency. After some discussion, the Committee agreed to move forward with the Bill and created an additional amendment which would cover the Civil Air Patrol as well.
Senate Science and Technology Committee
Sen. Loudermilk (R- Cassville) chaired the first meeting of the Senate Science and Technology Committee. He was joined by Sen. Orrock (D-Fulton), Sen. Carter (D-Dekalb), and Sen. Albers (R-North Fulton). The meeting featured a presentation on the need to develop a statewide strategy for science and technology in Georgia. Committee members voiced their support for such a plan and commented on how Georgia's institutions of higher learning and telecommunication infrastructure could translate into bringing more sustainable jobs to the State.
House Judiciary Non-Civil Committee
The House Judiciary Non-Civil Committee met this morning very briefly. Rep. Mike Jacobs (R-DeKalb) proposed a change to HB 44 which would no longer make it necessary for a store that provides shopping carts to be required to post signs citing Georgia code. Several members of the Georgia Food Industry Association were in attendance.
House Information and Audits Committee
Members of the House Information and Audits Committee gathered this afternoon to discuss goals for the year. Each member was given a subcommittee and State Auditor Russell Hinton was asked to speak about Georgia's current situation when it comes to auditing in the State. Committee members asked several questions about the budgetary comparison report that was released in December.
House Committee on Public Safety
This afternoon the House Committee on Public Safety, under the leadership of Rep. Tim Bearden (R-Villa Rica), met. Members this year of this Committee present at this meeting included Representatives: Scott Holcomb; Yasmin Neal; Kevin Cooke; Bob Hanner; Mack Jackson; Gloria Frazier; Jay Neal; Darlene Taylor; Willie Talton; and Billy Horne. Chairman Bearden established a Subcommittee, to be chaired by Rep. Billy Horne with the following members: Billy Maddox; Jay Neal; Darlene Taylor; and Kevin Cooke. This Subcommittee will hear HB 67 by Rep. Rahn Mayo which would amend O.C.G.A. § 40-6-241 concerning a driver's requirement to exercise due care in operating a motor vehicle on the highways of Georgia. He is adding that use of a hand-held mobile telephone in a car would be seen as a violation of this Code Section.
The Committee heard HB 107 (version LC 333904) relating to the continuation of healthcare coverage for deceased public employees who die in the line of work. The eligible individuals would be dependents of that State employee would agree to pay rates of State employees for that continued coverage. These individuals would be surviving spouses and dependents of the deceased employee. Speaker Ralston authored this legislation, likely in part to the tragic death of the State Trooper in December which left his widow and child without coverage. Today, another death occurred on the State's roads as a HERO unit driver was killed in the line of work. Questions came up in the Committee about use of COBRA and whether that was germane to the discussion; other questions related to whether definitions should be inserted into the legislation. No amendments were made and the Bill cleared the Committee upon the motion made by Rep. Frazier.
Please contact Stanley S. Jones, Jr. or Helen Sloat at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.