Day 29 was a long one for the Senate.  The House, meanwhile, adjourned in the afternoon as the Senate struggled with its first four bills on its calendar until 4:00 p.m. – and there were 19 Bills to address before that body's work was done.

This Report will also include information from Committee meetings held on Tuesday, March 15, 2011.

Floor News 

House

The House agreed to the Senate's changes to the ethics Bill, HB 232, as proposed by Rep. Edward Lindsey (R-Atlanta).  This Bill addresses the "vendor" lobbyist and concerns raised that relate to individuals who make sales of products to the State. This action sent the Bill to Governor Deal for his consideration.

The following Bills were addressed on the House Floor on its debate calendar:

HB 323 – Rep. Michael Harden (R-Toccoa) authored this Bill which cleared the House with a vote of 150 to zero. It states that the security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 30 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent.  Under current law, it is only 20 days.

HB 374 – Rep. Billy Mitchell (D-Stone Mountain) proposed this Bill which received a Floor Amendment and then passed with a vote of 140 to 14. This Bill addresses licensure requirements for cosmetologists in O.C.G.A. § 43-10-19:

On or after July 1, 2011, any applicant applying under this Code section shall pass both

a written and the practical examination within a 24 month period after having obtained the required credit hours or shall be required to repeat all of such required credit hours before retaking the examination. Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient.

To be considered for licensure on or after July 1, 2011, applicants applying under this

Code section who have graduated from an educational program which prepares cosmetologists in another country shall submit to the board a credential's evaluation from a board approved credentials evaluation provider.

HB 33 – Rep. Stephen Allison (R-Blairsville) proposed this initiative to provide for the application of zero-base budgeting for the State's budget process in Chapter 12 of Title 45.  It cleared the House with a vote of 126 to 45.

HB 167 – Rep. Steve Davis (R-McDonough) cleared the House Floor with a vote of 162 to nine.  This Bill, pushed by the Medical Association of Georgia, brings third-party insurance administrators into Georgia's "prompt pay" law in Title 33.  There was much discussion about the Bill's potential impact on federal ERISA provisions and whether its passage might invoke a court challenge. Nonetheless, lawmakers passed what is known as the "Insurance Delivery Enhancement Act of 2011."

HB 225 – Rep. Susan Holmes (R-Monticello) took the Well to present this initiative by Committee Substitute which passed with a vote of 132 to 24. It establishes in O.C.G.A. § 2.1.1.1 that it will be the policy of Georgia to promote "sustainable agriculture."

HB 226 – Rep. Donna Sheldon (R-Dacula) offered this Bill which was passed with a vote of 152 to eight.  It provides for regulation of individual development accounts, which would be capped at $60,000.  These accounts would be established for persons with disabilities through the Georgia Council on Developmental Disabilities and be overseen by a fiduciary selected by the Council.  The accounts would be used to help these individuals – including with the purchases of assistive technology.  Last year, this Bill was caught in the waning moments of the Session and did not pass.

HB 248 – Rep. Jay Neal (R-LaFayette) introduced this legislation which was held to be heard at a later date.  It would enact the "Health Care Sharing Ministries Freedom to Share Act," making it clear that such activities are not insurance.

HB 256 – Rep. Wendell Willard's (R-Sandy Springs) Bill to provide for the comprehensive regulation of 9-1-1 charges on prepaid wireless services also passed the House with a vote of 161 to two. These charges would be collected at the retail point of sale.

HB 261 – Rep. Alex Atwood (R-Brunswick) brought this Bill to the Floor regarding the exemption of certain public records from disclosure. It passed with a vote of 157 to one.  Specifically, records of "any government sponsored programs concerning training relative to governmental security measures which would identify persons being trained or instructors or would reveal information described in divisions (i) through (iv) of this subparagraph" (which relate to the possible compromise of security against sabotage or criminal or terrorist acts).

HB 269 – Rep. Tom Rice (R-Norcross) authored this Bill which initially began as a proposal to have criminal background checks for certain drivers.  The House became concerned about possible impact to commercial drivers' licenses and restricting livelihoods of individuals if individuals were caught in their personal vehicles text messaging while driving.  Thus, the Bill was sent back to the House Rules Committee for further work.

HB 272 – Rep. Tom Weldon (R-Ringgold) presented this Bill which passed with a vote of 155 to zero.  It amends O.C.G.A. § 15-11-21 and deletes provisions relative to a rehearing on the order of an associate juvenile court judge.

HB 280 – Rep. Ben Harbin (R-Evans) went to the Well to explain this proposal pertaining to the use of moneys from the Emergency Telephone System Fund so that the money may be used to pay for benefits of the employees and their training (when those employees are hired by the local governments to maintain and operate the 9-1-1 system).  The Bill passed with a vote of 168 to four.

HB 285 – Rep. Brooks Coleman (R-Lawrenceville) proposed this Bill for the House's consideration which addresses clearance certificates issued by the Professional Standards Commission for persons working in Georgia's schools. Specifically, it will permit local units of administration "the authority and responsibility to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. Local units of administration shall also have the authority to forward the results of criminal record checks to the Professional Standards Commission as necessary regarding potential violations of the code of ethics for educators. The Professional Standards Commission shall also have the authority to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks."  This Bill passed unanimously with 167 votes.

HB 292 – Rep. Bill Hembree (R-Winston) authored this Bill dealing with employment security. It extends suspension of adjustments based upon the State-wide Reserve Ratio for the calendar year 2012 to 2016 in O.C.G.A. § 34-8-151.  The Bill passed with a vote of 151 to zero.

HB 303 – Rep. Sharon Cooper (R-Marietta) authored this Bill which will allow physician's assistants and advanced practice registered nurses greater authority.  Specifically, these individuals will be granted the authority to request, receive, and sign for professional samples and to distribute professional samples to patients and to sign off on certain documents relating to physical examination forms of all State agencies (except for death certificates or the assignment of a percentage of a disability rating). The Bill passed 162 to three.

HB 339 – Rep. Andy Welch (R-McDonough) proposed this Bill which had a Floor Amendment. This Bill deals with the Governor's emergency powers, specifically revises the appeal procedure of an order dealing with a challenge to quarantine or vaccination orders. Under current law, such appeal may be taken to the Court of Appeals, Supreme Court or any available judge thereof.  This Bill eliminates such appeals to the Court of Appeals and requires such to be taken to the Supreme Court or a justice thereof.

HB 343 – Rep. Sharon Cooper (R-Marietta) went back the Well to present this initiative which cleared with a vote of 150 to five.  This Bill was brought by the Department of Behavioral Health and Developmental Disabilities and permits the Department to provide for crisis stabilization units (short-term residential programs providing services on a 24/7 basis) in O.C.G.A. § 37-1-29 in order to provide for psychiatric stabilization and detoxification services. There would be minimum standards established by the Department for these services which would be licensed by the Department. These units would be designated as emergency receiving facilities.

HB 371 – Rep. Howard Maxwell (R-Dallas) explained his Bill which passed with a vote of 156 to zero.  It prohibits the State and any of its political subdivisions the ability of having an insurable interest on the life of active or retired public officers or employees.  Further, it adds that "neither the state nor any political subdivision of the state shall have the authority to expend or obligate funds to purchase insurance on the lives of public officers or employees except where all benefits are paid to an officer's or employee's estate or to a beneficiary designated by the individual officer or employee."

HB 373 – Rep. BJ Pak (R-Lilburn) explained this Bill which amends O.C.G.A. § 15-11-63 to clarify provisions relating to modifying an order for restrictive custody for designated felony acts under certain circumstances.  It would not permit a child adjudicated to have committed a designated felony to be released from restrictive custody prior to the time provided in the court's order unless such was granted upon a motion granted permitting such.  The Bill passed with a vote of 169 to one.

HB 423 – Rep. Howard Maxwell (R-Dallas) went back to the Well to offer this Bill dealing specifically with roofing contractors.  It addresses Georgia's Insurance Code and unfair trade practices and associated violations. There has been an increase in the number of roofing contractors who "work" neighborhoods claiming that homeowners may get new roofs or repairs due to hail damage.  In this Bill, it permits the homeowner the ability to cancel a roof contract when the person who has entered into a written contract with a residential roofing contractor prior to midnight on the fifth business day after the insured has received written notice from the insurer that either all or any part of the claim or contract is not a covered loss under such insurance policy. The Bill passed with a vote of 154 to one.

HR 71 – Rep. Gene Maddox (R-Cairo) authored this Resolution regarding Grady County and the conveyance of State interest in property there.  The Resolution passed with a vote of 152 to zero.

HB 117 – Rep. Rick Crawford (D-Cedartown) proposed this Bill dealing with withholding taxes in O.C.G.A. § 48-7-128(b).  Specifically, a sale or transfer of real property and associated tangible personal property by nonresidents would require that "the person listed on the closing statement as the seller shall be treated as the seller and shall be subject to the withholding and documentation requirements."  It passed with a vote of 147 to zero.

HB 181 – Rep. Rich Golick (R-Smyrna) brought this Bill addressing Georgia's "special needs scholarships" program in O.C.G.A. § 20-2-2114. The Bill authorizes the State's Board of Education "to require a local board of education to expedite the development of an Individualized Education Program and to waive the prior school year requirement contained in this paragraph, in its sole discretion, on a case-by-case basis for specific medical needs of the student upon the request of a parent or guardian in accordance with state board procedures."  Further, if such an "expedited Individualized Education Program is required by the State board pursuant to this paragraph, the state board may additionally require such expedited process to be completed prior to the beginning of the school year."  The Bill also requires the State Board of Education to annually report by December 31 of each year through December 31, 2015 the numbers of waivers it approves pursuant to this particular Code Section.   It passed with a vote of 115 to 33.

Senate

The Senate was in action until 7:00 o'clock p.m. Monday evening making it the longest day of the Legislative Session thus far.  As Senators prepared for Crossover Day on Wednesday, they dealt with 19 Bills on the Senate Rules Calendar.  SB 40 and SB 63 received the most attention over the course of the day.

 

• SB 39 was the first Bill discussed and was introduced by Sen. Johnny Grant (R-Milledgeville). The Bill would create mental health court divisions and set guidelines for work plans.  It passed unanimously with a vote of 51 to zero.
  
  
• SB 40 ended up being a very controversial Bill presented by Sen. Jack Murphy (R-Cumming).  The discussion about SB 40 took up most of the morning and lasted until the early afternoon.  According to Sen. Murphy, the Bill would provide the State of Georgia with a legal means to combat illegal immigration and employment without having to rely on the Federal government to enforce immigration laws.  It would require employers in Georgia to enroll all of their employees in the E-Verify program to make sure that they are legal citizens.  The Bill would also create penalties for failure to utilize this work authorization program.  SB 40 was Sen. Nan Orrock (D-Atlanta) was adamantly against the Bill and questioned Sen. Murphy about how much the loss of immigrant workers in the agricultural sector would cost the State.  Sen. Tommie Williams (R-Lyons) spend some time in the Well emphasizing the need to decrease the burden on small businesses as opposed to adding more requirements.  Sen. Curt Thompson (D-Tucker) then spoke at length in the Well about the potentially disastrous effects of losing tourism dollars from cancelled conventions and hotel reservations.  He further argued that the Bill would create unfunded mandates, encourage future litigation, and cause a lost of tax dollars.  Sen. Murphy then questioned Sen. Thompson by presenting statistics concerned with how much illegal employment costs the State each year.  Sen. Thompson responded by saying that his statistics were biased and that whoever supplied him with those statistics had a hidden agenda.  Sen. Bill Hamrick (R-Carrollton) asked several questions about how the Bill addressed criminal negligence.  Sen. Doug Stoner (D-Smyrna) asked a series of questions about how the Bill would conflict with Federal law and about how it would affect international investment.  He even told a story about how the Finance Minister from Spain was accidently arrested in his district.  Several other Senators from the minority party spoke against SB 40.  A total of seven floor amendments were proposed to the Bill.  Many of the Senators were confused about what the amendments were actually addressing.  Lt. Gov. Casey Cagle suggested that Senators get together during the lunch recess and clarify how the amendments would fit together.  After a return to action, amendments #1, 3, 3A, 4, and 5A were withdrawn.  Amendment #2 which carved out an exemption for agricultural workers was voted on and initially tied at 27-27.  A motion to reconsider was put forth and amendment #2 eventually failed 26-29.  A vote was then taken on amendment #5 which would strike language to address some potential loopholes and it passed 30-24.  Several more Senators spoke against the Bill before Sen. Murphy was given the last word.  Sen. Steve Thompson (D-Marietta) was visibly angry because a fiscal note was never produced and he felt that its absence violated the rules of Senate proceedings.  The amended Bill was then voted on and SB 40 passed with a vote of 34 to 21.  The votes were mixed with a number of Republicans voting against the Bill.
  
  
• SB 63 was the next Bill to be discussed in a very thorough manner.  Sen. John Albers (R-Roswell) presented SB 63 as the Medical Assistance Fraud Prevention Program.  He argued that there is a lot of medical fraud that takes place in Georgia and a program is needed to be established to clean up the waste and save the State money.  Sen. Albers stated that his Bill would create a pilot program for six months to make sure that it would not end up costing the State money.  The intention would be to prevent Medicaid card swapping and also crack down on phantom billing by providers.  Amendment #1 proposed language that would require the program to use the best biometric technology available.  Sen. Johnny Grant (R-Milledgeville) asked Sen. Albers a question about whether such a program has been implemented in other States.  Sen. Steve Henson (D-Tucker) then asked a question about the costs to start the pilot program and whether a fiscal note was available.  Sen. Fran Millar (R-Atlanta) spoke in favor of the Bill, adding that it could potentially save the State a lot of money.  Sen. Nan Orrock (D-Atlanta) was against the Bill and claimed that the Inspector General had stated that his ability to conduct financial audits was already doing a good job of cracking down on Medicaid fraud.  A total of seven floor amendments were proposed to SB 63.  Eventually amendments #1 and 5 were withdrawn.  Amendments #2, 3, 4, 6 and 7 were adopted without objections.  Sen. Grant once again spoke about how the Bill could negatively affect Medicaid providers who have not acted fraudulently.  Sen. Steve Henson (D-Tucker) proposed a motion to table the Bill; however, his motion failed with a vote of 15 to 31.  The amended Bill then passed with a vote of 34 to 21.
  
  
• SB 98 was presented by Sen. Barry Loudermilk (R-Cassville) and would broaden the law so that firearms can be carried in more places if you possess a valid concealed weapons permit.  Several location exclusions were included such as nuclear power facilities and school zones.  The main area of debate in Committee meetings revolved around an individual being allowed to carry a gun to church.  Surprisingly, the Bill passed without much discussion with a vote of 43 to10.
  
  
• SB 112 was presented by Sen. Josh McKoon (R-Columbus) and would create procedures governing parental rights in the event one parent is subject to military deployment.  The Bill passed 52 to zero.
  
  
• SB 135 was introduced by Sen. David Shafer (R-Duluth) and would make it so that no one besides a doctor of chiropractic would be able to render chiropractic services.  The Bill passed 51 to two.
  
  
• SB 138 was authored by Sen. Lindsey Tippins (R-Marietta).  This Bill would make it so that any individual applying for a license plate renewal would be required to submit a sworn statement with that renewal application.  There were concerns raised that this could be problematic for the elderly who no longer possess a government-issued identification card, valid driver's license or actual birth certificate. However, the Bill passed 48 to two.
  
  
• SB 140 was presented by Sen. Cecil Station (R-Macon) and would allow the Georgia Higher Education Facilities Authority the ability to increase the amount of money they can borrow through bonds from $300 million to $500 million.  The Bill passed 45 to seven.
  
  
• SB 150 generated a bit of controversy after the previous Bills had passed without much discussion.  It would simply allow for the sale of wine and distilled spirits at public golf courses.  It addresses specifically a situation in Rockdale County where the county owns a course that was used during the 1996 Olympics.  Previously it was leased to an outside management entity but the county took back control of the lease.  Under current law, malted beverages are permitted at such courses. An amendment was presented by Sen. Cecil Staton (R-Macon) to allow places that sell distilled spirits to also be allowed to conduct wine tastings. Sen. Steve Thompson (D-Marietta) adamantly opposed the amendment and Sen. Steve Henson (D-Tucker) asked for a ruling on the germaneness of the amendment, which he later withdrew.  In the end, amendment #1 failed with a vote of 12 to 39.  However, SB 150 passed easily with a vote of 43 to 9.
  
  
• SB 156 was presented by Sen. Rick Jeffares (R-Locust Grove) and would remove the requirements for audits on emergency telephone number 9-1-1 systems.  Due to the Senator's freshmen status, senior Senators took the opportunity to give him a bit of a hard time but ultimately passed SB 156 with a final tally of 51 to one.
  
  
• SB 161 was offered by Sen. Jim Butterworth (R-Cornelia) and would establish an Office of College and Career Transitions.  It would provide for partnerships with postsecondary institutions to establish college and career academies as charter schools.  The Bill passed unanimously with a vote of 53 to zero.
  
  
• SB 168, by Sen. Valencia Seay (D-Riverdale), would simply dedicate the Georgia Move-Over law in memory of Spencer Pass, the HERO worker who died while at work several weeks ago.  The Bill passed unanimously 53 to zero.
  
  
• SB 177 was presented by Sen. Charlie Bethel (R-Dalton) and would allow for adoption of the Health Care Compact.  The Compact ultimately seeks to declare that the State would have the right to pass its own health care legislation without it having to be a mandate from the Federal government.  After a short-lived amount of discussion, the Bill passed 35 to 19.
  
  
• SB 178, authored by Sen. Johnny Grant (R-Milledgeville), would create rules, regulations, and licensing procedures for the management of assisted living communities. This idea has percolated for sixteen years and is now a compromise by the various long-term care entities in the State. The Bill passed unanimously 53 to zero.
  
  
• SB 181 was put before the Senate by Sen. Charlie Bethel (R-Dalton) and would prohibit the Attorney General in Georgia from receiving contingency fee compensation under certain circumstances.  The Prosecuting Attorneys Council has indicated that the language is appropriate. The Bill passed easily with a vote of 54 to zero.
  
  
• SB 186, presented by Sen. Jeff Mullis (R-Chickamauga), would consolidate fire protection and safety services within a single agency that would be known as the Department of Fire Safety.  Further, it would also create a new position known as the Fire Commissioner.  This change would consolidate and streamline the efforts and it was created by the fire chiefs from around Georgia.  Currently, Georgia's Insurance Commissioner oversees these services. The Bill passed 52 to one with Sen. Ligon (R-Brunswick) supplying the only dissenting vote.
   
• SB 193 was authored by Sen. Johnny Grant (R-Milledgeville) and would update administrative provisions relating to the reimbursement to counties for habeas corpus costs and how writs are recorded.  No questions were raised from the Floor about the Bill which then passed unanimously 51 to zero.
  
  
• SB 245 was presented by Sen. Greg Goggans (R-Douglas) and revises the definition of "developmental disability" in regards to mental health.  It brings Georgia's definition in line to track the federal definition and was inadvertently left off when the General Assembly created the Georgia Department of Behavioral Health and Developmental Disabilities in 2009. The Bill passed unanimously 51 to zero.
  
  
• HB 41 was the final Bill to be discussed on legislative day 29.  The Bill was presented by Sen. Bill Hamrick (R-Carrollton) as a way of updating current law to modernize Superior Court fees and other fees associated with the preparation of an appellate record and transcript.  The initiative was brought by the Council of Superior Court Clerks.  It passed 51 to zero.

New Legislation

HB 531 – Rep. Rusty Kidd (I-Milledgeville) introduced this legislation which amends O.C.G.A. § 48-7-1 by changing the definition of a "taxable non-resident" as it relates to income taxes. A taxable non-resident is one who "regularly engages in employment, trade business, or other activity for financial gain or profit" including rental of real or personal property within the state. This definition does not include residents of other states whose only activities in the state are for an employer, consist of less than 5% of their income, or are under $5,000.00 per taxable year. Non-Georgia residents who receive any proceeds from the Georgia Lottery Corporation, deferred compensation, or stock options exceeding $5,000.00 per year or more than 5% of their income will be considered taxable non-residents as well. This Bill is similar to what Rep. Judy Manning (R-Marietta) proposed two years ago.

HB 532 – Rep. Rusty Kidd (I-Milledgeville) brought forth this legislation amending Article 5 of Chapter 7 of Title 48 pertaining to income tax payment and withholding and taxability of compensation paid to entertainers and professional athletes. If these individuals are residents of Georgia, Georgia income tax shall be withheld from compensation whether or not the performance or athletic event is held in Georgia; a nonresident shall withhold the Georgia income tax from compensation that is derived from or connecter to sources within the state.

HB 533 – Rep. Glenn Baker (D-Jonesboro) and others introduced this Bill seeking to amend O.C.G.A. § 47-23-64 allowing for the transfer of funds from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System. Currently the Code Section allows any superior court judge, state court judge, solicitor general, or district attorney to have all contributions transferred, this bill allows for juvenile court judges to do the same.

HB 534 – Rep. Carol Fullerton (D-Albany) and others authored this legislation which seeks to amend O.C.G.A. § 15-9-4  by changing the requirements of eligibility for probate court judges in counties with 96,000 residents or more to apply to counties 90,000 residents or more.

HB 535 – Rep. Mary Margaret Oliver (D-Decatur) and others introduced this Bill which authorizes the Veterans Service Board to establish a residency fee in the facility of the Georgia State War Veterans Home in O.C.G.A. § 38-4-56. The Board will be allowed to charge a reasonable fee for residency and services provided by a facility of the Home, and will be able to provide full or partial waivers of the fees based on economic need.

HB 536 – Rep. Tom Weldon (R-Ringgold) and others presented this legislation in Title 46 which provides for regulation of private emergency warning point and multipoint systems to the Public Service Commission. These warning systems provide emergency warnings to the public through FM Radio Broadcast Data Systems or FM broadcast bands and are deliverable to wireless addresses. The Public Service Commission will have full power to regulate "just a reasonable rates and charges" for any services performed by the providers, and will audit providers at least once every five years.

SB 259 – Sen. Ross Tolleson (R-Perry) presented this Bill amending O.C.G.A. § 12-2-23 relating to compensation and reimbursement for members of the Board of Natural Resources. Travel, lodging, meal, and transportation reimbursement shall now be equal to that of State employees, and total per diem compensation of board members shall not exceed $3,000 per year.

SB 260 – Sen. Ronald Ramsey (D-Decatur) and others introduced this Bill, which amends Chapter 5 of Title 30 providing that executed wills of disabled adults and elder persons be scanned and stored with a clerk or probate judge; and that power of attorney for those persons must be recoded with the probate court.

SB 261 – Sen. Ronald Ramsey (D-Decatur) and others brought forth this legislation which amends Article 3 of Chapter 2 of Title 20 and creates a special license plate supporting prostate cancer related programs for the medically indigent. If SB 261 is passed, revenue derived from the sales of the license plates will go to the Indigent Care Trust Fund.

SB 262 – Sen. Ronald Ramsey (D-Decatur) and others introduced this Bill amending Titles 36 and 44 which allows any real property owner who fails to correct a code violation within 48 days of its service to be fined $100.00/day thereafter. SB 262 also allows for the creation of a lien against those properties, which may then be foreclosed upon. Additionally, the clerk of each superior court shall create a post-foreclosure registry to maintain purchasing and contact information about the buyers of said foreclosed property, or their agent.

SR 384 – Sen. Renee Unterman (R-Buford) authored this resolution commending the Prostate Cancer Pledge and recognizing Monday, March 14, 2011 as "Prostate Cancer Awareness Day" at the Capitol. Prostate cancer is the leading cause of cancer among Georgia males, and Georgia ranks 11^th in the nation for per capita deaths from the cancer. The resolution encourages Georgia males to under go Prostate Specific Antigen (PSA) blood screening to reduce their risks of developing the cancer.

SR 392 – Sen. Jeff Mullis (R-Chickamauga) presented this resolution declaring Tuesday, March 22, 2011 "Georgia Rides to the Capitol Day." Georgia Rides to the Capitol Day, with the support of the Metro Atlanta Mayors Association, encouraging Georgians to use cycling as a means of transportation. The resolution also commends state and local officials on efforts to improve cycling trails and to promote cycling as a healthy, viable alternative means of transportation.

Committee News

House Judiciary Non-Civil Committee

This Committee under the leadership of Rep. Rich Golick (R-Smyrna) took up a few proposals.  One of interest was HB 402 which permits the expungement of court records in certain instances.  Rep. Mark Hatfield (R-Waycross) presented the Bill which has received some opposition from the court clerks and district attorneys.  Also, the Bill would prohibit the Georgia Crime Information Center from providing records of arrests, charges, or dispositions when such access is restricted pursuant to O.C.G.A. § 35-3-37(h).  The author, along with proponents of the Bill, worked on addressing the concerns and the Bill cleared the Committee, making its way to the House Rules Committee.

Tuesday, March 15, 2011

Committee News

Senate Rules Committee

Chaired by Sen. Don Balfour (R-Snellville), the Senate Rules Committee convened to decide which Bills would be on the calendar for Crossover Day.  After a lengthy discussion involving many Senators advocating their Bills, the Committee came to an agreement on a final list.  The Senate Rules Calendar for the 30th legislative day contains 51 pieces of legislation.  This includes SB 40 which received a motion to reconsider yesterday.  The Bills are SB 10, 50, 52, 54, 57, 62, 80, 82, 87, 93, 101, 102, 109, 114, 119, 121, 139, 141, 143, 155, 157, 163, 166, 172, 183, 184, 185, 187, 188, 190, 191, 199, 203, 206, 210, 211, 214, 218, 219, 220, 223, 231, 234, 236, 240, 251, and 252.  The Resolutions are SR 68, 312, and 343.

Senate Appropriations Committee- Insurance Subcommittee

The Senate Appropriations Committee's Insurance Subcommittee met on Tuesday afternoon to discuss the FY 2012 General Budget.  The first person to address the group of Senators was a representative from the State Board of Workers’ Compensation who spoke about how the proposed budget would affect that office.  He revealed the fact that the down economy has caused a decrease in claims.  However, he voiced concern about how medical costs have skyrocketed and how it has been difficult to get Medicare to help out. 

A representative from the Department of Labor was briefly questioned by the Subcommittee, but he revealed that their portion of the FY 2012 budget had not been drastically affected. 

Insurance Commissioner Ralph Hudgens gave the Subcommittee an overview of how cuts, to his Department's budget, has forced him to consolidate some of its agencies.  He claimed that the Department had been “gutted” since 1996 and was only able to stay afloat as a result of relying very heavily on technology.  Chris Walker, also from the Insurance Commissioner’s Office, spoke specifically about the reduction of funds that had been allocated to the fire service program.  The major concern was that it is a revenue producing arm of the Department of Insurance and there would be no need to deprive the State of potential income.  He also warned the Subcommittee about probably having to fire several inspectors.  Sen. Jack Murphy (R-Cumming) asked a question about the availability of Federal funds to help with these issues.

Mr. Walker responded by saying that the severe reductions have actually hurt the ability to acquire Federal money.  Sen. Murphy then suggested that the Subcommittee would try to see if some money could be reallocated to the fire service program.

Senate Appropriations Committee- Judiciary Subcommittee

The Subcommittee met today to discuss HB 78 and how the proposed FY 2012 budget will affect the Court of Appeals, Administrative Office of the Court, Judicial Qualifications Commission, Georgia Resource Center, Council of Juvenile Court Judges, Superior Courts, and the Supreme Court.

Judge John Ellington, Chief Judge of the Court of Appeals, came before the Subcommittee to discuss how the Court of Appeals would be affected. His primary concern: the Court would be forced to have a reduction in personnel and operational expenses. The court currently employs 14 administrative assistants, one for each of the 12 judges, as well as two "floating" assistants—one of which has been working specifically with the Chief Judge. Although the Court is currently entertaining fewer cases than it did in 1999, it is still a month behind on the docket due to administrative overstretch.  Judge Ellington remarked that the court has "finally reached the point where we're about to break" and further personnel cuts would threaten the efficiency and survival of the court even further.

Chief Justice C.J. Hunstein spoke to the Subcommittee on behalf of the Judicial Council and Administrative Office of the Courts, which has lost 16 personnel positions this year. In addition to losing funding for more positions, the Administrative Office of the Courts suffered a reduction in State-paid conference costs for the Councils of Magistrate and State Court Judges. These conferences cannot be consolidated due to the sheer numbers of each council. Additionally, the passage of SB 191 and HB 284 hold the potential for further responsibilities and fiscal impacts for the Administrative Office of the Courts.

Mr. Jeff Davis addressed the Subcommittee regarding the money allocated to the Judicial Qualifications Commission ("JQC").  Mr. Davis noted that the additional $50k allocated to the JQC for investigation and prosecution was adequate for the upcoming year.

Ms. Lynn Damiano, from the Georgia Resource Center, requested that the $800,000 that it was receiving from the State before 2009 be restored in the FY 2012 budget.  The difference was formerly made by grants from the State Bar of Georgia, but now such is unavailable.  Ms. Damiano explained that the Georgia Resource Center, which provides direct representation to death penalty sentenced inmates, runs "the most efficient, bare bones" operations with only six attorneys, two full-time investigators, two part-time investigators, and one office manager. If cuts are sustained, there is a possibility that there could be Federal intervention as there was in 2001, causing all death penalty sentences which did not have direct representation to be nullified.

Representatives from the Juvenile Courts system brought forth concerns to the Subcommittee regarding the reduction in funding for coordination and supervision of the Permanent Homes for Children ("PHC") program. They were very concerned about the $268,000 that was cut from this program because, according to the House of Representatives, permanent residency is more of a function of the Division of Family and Children Services. The representatives from the Juvenile Court Systems argued that the PHC program saved the State millions of dollars, and in the long run, had the potential to keep abused and neglected delinquent children from becoming lifelong criminals. The PHC program also saves time and money by avoiding court hearings and by conducting "citizen volunteer panels" which promotes a less adversarial atmosphere for children, families, and foster parents when evaluating circumstances.

The Superior Court representatives noted that their clerks and secretaries will have to undergo five furlough days to satisfy personnel cost cuts, as well as eliminate five clerk positions.

Attorney General Sam Olens also noted that his staff will face a total of 16 furlough days as well. The Supreme Court, however, was satisfied with their funding levels in HB 78, and appreciated that the House did not reduce their funding. Chief Justice Hunstein noted that death penalty cases were up in Georgia by 33% and preserved funding will ensure that these expensive and time consuming trials will be tried expeditiously.

If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Helen Sloat, Taylor Janney, or Claire Cantrell.