Lawmakers Continuing To Stew Over Budget
March 10, 2010
Lawmakers returned to the Capitol today to tackle another day's work despite the soggy weather. On hand were numerous constituent groups including various representatives from the nursing profession. Today was also Georgia Speech-Language-Hearing Association's Day at the Capitol.
Lawmakers are continuing to stew over what to do with the FY 2010 Amended and FY 2011 Budgets. It is likely that there will be some new proposals pushed, including updating numerous fees in Georgia law that will raise State revenues. For instance, such an idea may impose costlier licensing fees to various professions. The provider tax issues continue to percolate for hospitals and managed care companies despite the hard fought efforts against such taxes. Tobacco tax proponents are still working the increase of a dollar as many believe that this tax would be Georgia's best option to raise some of the needed revenues. All in all, all items are still on the table and nothing has been put aside as a "no go" at the moment.
Floor News
House
The House had a lengthy Session today which pushed many of the Committee meetings to later in the afternoon or alternatively rescheduled until tomorrow.
The House honored the late Speaker Tom Murphy today, unveiling a portrait of Murphy on the Floor of the House. After the unveiling, Speaker Murphy's portrait will hang outside the House of Representatives, which he presided over for 29 years.
The House worked into the afternoon on the Rules Calendar. HB 925, offered by Rep. Tommy Benton (R-Jefferson) passed the House 141 to three. HB 925 changes provisions stating that local school systems must provide the unexcused absences of students between ages six to sixteen, from “certified mail” to only being required to be mailed by the United State mail service.
Rep. Katie Dempsy (R-Rome) took to the Well to explain her Legislation, HB 1085. HB 1085 would require that when children are placed into foster care, siblings are to be kept together when possible and that the child stays in the same educational setting when possible. Furthermore, HB 1085 requires that transition planning take place with youths who are will be aging out of the program. This Bill passed 150 to three.
HB 1054, authored by Rep. Len Walker (R-Monroe) was postponed again today. This Bill would allow food stamp recipients to order food over the internet if the United States Department of Agriculture allows such a measure in the future.
HB 1072, was offered by Rep. Ron Stephens on the Floor. HB 1072 seeks to clarify provisions relating to voluntary releases entered into by a automobile dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or twelve months prior, whichever is greater. It becomes effective upon signature of the Governor. HB 1072 passed 152 to two.
SB 305, authored by Sen. Jeff Mullis (R-Chickamauga) was presented on the Floor by Rep. Donna Sheldon (R-Dacula). This Legislation amends the Code, so that in contracting for design-build contracts, the Department of Transportation is limited to contracting for no more than 30 percent of the total amount of construction projects awarded in the previous fiscal year. Currently, the law provides for no more than 15 percent. SB 305 passed 162 to one.
HB 1094, offered by Rep. Lynn Smith (R-Newnan), seeks to develop water conservation incentives. This Bill was based on recommendations made at the end of last year by the Governor’s Water Contingency Planning Task Force to encourage conservation, reduce water loss, and implement new programs to capture additional water supply. HB 1094 seeks to create a "culture of water conservation" in Georgia through a combination of incentives and mandates. This Legislation requires various state agencies (such as the Department of Natural Resources, the Georgia Environmental Facilities Authority and the Georgia Department of Agriculture), no later than August 1 2010, to examine their practices, and policies. The Departments must also identify opportunities for voluntary water conservation incentives and enhancing the State's water supply. Additionally, HB 1094 imposes reporting requirements on these agencies for the purpose of showing what changes they have made to promote water conservation and enhancing water supply and goals for the next year. These agencies would submit annual reports to the General Assembly with regard to such changes on or before January 1 each year between 2011 and 2015. HB 1094 passed 166 to five.
Senate
On the twenty-third Legislative Day, the Senate took up the following Bills and Resolutions:
They passed HB 906 by a vote of 35 to 11 which would allow local school districts to temporarily extend the deadlines to make contracts with teachers.
SB 355, by Sen. Jack Murphy (R-Cumming), cleared with a vote of 33 to 18. It would prohibit the sales of alcoholic beverages within 100 yards of any local housing authority. However, local governments, working with the housing authorities, may exempt such actions.
SB 373, the initiative by Sen. Johnny Grant (R-Milledgeville) dealing with peace officers' moral character and investigations into such, was dropped to the foot of the calendar. This action, thus, places the Bill back on the Senate General Rules Calendar.
SB 432, cleared with a vote of 45 to four. This would enact the "Advanced Broadband Collocation Act."
SR 821, by Sen. David Shafer (R-Duluth), was "tabled" by the Bill's author. This Constitutional Amendment proposes multiyear construction agreements to be used by the State Department of Transportation without obligating present funds for the full obligation to the state under the full term of such agreements.
Finally, the Senate cleared SB 370, the initiative by Sen. Ross Tolleson (R-Perry). This Bill was before the Committee for final passage and had been held after the imposition of Senate Rule 7-1.6(b). this Bill dealing with Georgia's water programs and policies had been on the Senate Floor on March 9. The Senate had adopted the Floor Substitute, but it was longer than the original Bill; thus, it required the final passage to be made today, the following day.
New Legislation
Committee News
Senate Government Oversight Committee
This afternoon, Sen. Renee Unterman (R-Buford) chaired a meeting with several pieces of legislation on the Committee's agenda. A few highlights of this meeting included:
- SB 398, the initiative by Sen. Judson Hill (R-Marietta), proposing creation of a new Code Section at O.C.G.A. § 49-4-158 in order for the Commissioner of public health to be required to make available through the Internet website of the Department of Community Health, the non-aggregated information on individuals collected under the "federal Medicaid Statistical Information System insofar as such information has been de-identified in accordance with the regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996, as amended." Sen. Hill drew some concerns from the Department of Community Health because of the potential costs involved with this data capturing and what would be necessary to review each claim submitted. The Committee asked a number of questions to the Department about fraud and abuse as that is the intent of the proposal, to identify more fraud and abuse. Sen. Greg Goggans (R-Douglas) also raised problems with the Department's aggressive stance that it uses presently on recoupment efforts; sometimes the Department actually over recoups payments from providers. At the end, no vote was taken on SB 398 because the Committee would like an actual fiscal note of the costs that would be incurred to implement the legislation.
- SB 399, also by Sen. Hill, was next on the agenda. It creates a new Code Section at O.C.G.A. § 50-1-9 essentially prohibiting any State department or agency from implementing any provision of federal health care reform legislation unless the department or agency provides a certain report to the General Assembly and the General Assembly authorizes such implementation by statute. The Committee inquired about the constitutionality of such an idea, which Sen. Hill explained could be accomplished as Medicaid, for instance, is an optional program which states may provide. Sen. Hill explained that, if passed, this Bill would not impact programs in place as of March 1, 2010. It would impact new programs. The Committee asked for clarification about the time proposed in the Bill and held the Bill for next week's meeting.
- Sen. Bill Heath's (R-Bremen) Bill, SB 393 and the accompanying Resolution, SR 1013, were held over until next week's meeting as no quorum was present. These are the Governor's proposals which would essentially make the Commissioners of Labor, Agriculture, and Insurance and the State Superintendent of Schools to be "appointed" positions rather than elected positions.
House Industrial Relations Committee
Rep. Terry England (R-Auburn) presented his bill, HB 1195 to the Committee. Rep. England's Legislation would create the Georgia Workforce Investment Board, codifying the executive order that put the infrastructure in place for the Georgia Work Ready Program. This measure has a chance to touch every job in the state and close skills gaps in regions in order to put people back to work. Some amendments were offered and Chairman Mike Coan (R-Lawrenceville) postponed a vote on HB 1195 until another date.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan 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.