State Parks Day was celebrated at the Capitol today and Georgians from all over the State were in attendance to recognize the uniqueness and quality of our State Parks system.  Governor Deal even graced the crowd with his presence for a brief speech.  Other conversations around the Capitol revolved around the swift passage of the HOPE Bill out of the House and the expected journey over to the Senate.  A large group of students staged a protest on the Capitol steps in opposition to HB 326.

Floor News

Senate

The first order of business in the Senate today was to recognize a group of individuals from Pakistan who were in attendance.  Shortly afterwards John Rogers was introduced as the Chaplain of the Day and he led the Chamber in the morning devotion.  Law enforcement officers in the gallery were acknowledged as a result of it being Fraternal Order of Police Day at the Capitol.  Sen. John Albers (R-Roswell) also recognized a group of seniors from North Fulton High School.  Five Bills were presented to the Senate.

• SB 21 was presented by Sen. Bill Ligon (R-Brunswick) and would make it so that no audit shall be conducted after three years following the filing of a sales and use tax return or report.  Senators jokingly gave Sen. Ligon a hard time before passing the Bill with a vote of 50-0.
• SB 66 was authored by Sen. Buddy Carter (R-Pooler) to clearly define what a perfusionist actually is.  The Bill also outlines the process by which clinical perfusionists can renew their licenses.  The only comment about the Bill was a joke from Sen. Bill Hamrick (R-Carrollton).  The Bill passed 49-0.
• SB 92 was introduced by Sen. Josh McKoon (R-Columbus) and he presented it as a Bill designed to help save the State money by reducing the number of days by which a county is required to make early voting available.  Sen. McKoon fielded a question from Sen. Horacena Tate (D-Atlanta) about the early voting process and then another from Sen. Doug Stoner (D-Smyrna) about whether or not certain county and state organizations supported the Bill.  At this point Sen. McKoon surrendered the Well and caused a bit of commotion because there were still Senators with questions.  Sen. Vincent Fort (D-Atlanta) took Sen. McKoon's place in the Well and spoke about the how the Bill would infringe on voting rights.  Sen. Nan Orrock (D-Atlanta) and Sen. Emanuel Jones (D-Decatur) were adamantly in opposition to SB 92.  Sen. Steve Thompson (D-Marietta) asked Lt. Gov. Cagle to table the Bill but his request was denied.  Eventually Cagle called for a vote and the Bill passed 35-17.
• SB 122 was presented by Sen. Ross Tolleson (R-Perry) as a way for local governments to plan, finance, construct, acquire, operate, and maintain water reservoirs, facilities, and systems.  We thoroughly explained the Bill and no questions were asked.  SB 122 passed with a vote of 49-1.
• SB 34 was brought from the table to the floor and was presented by Sen. Chip Rogers (R-Woodstock).  The Bill has been renamed the Rachel Sackett Act and is designed to authorize public school students to participate in extracurricular activities at other public schools in their attendance zone.  The Bill passed unanimously.

During points of personal privilege, many Senators spoke about the HOPE Bill.  Sen. Robert Brown (D-Macon), Sen. Emanuel Jones (D-Decatur), and Sen. Steve Thompson (D-Marietta) spoke passionately about being opposed to the Bill in its current form.  Sen. Cecil Staton (R-Macon) and Sen. Jim Butterworth (R-Cornelia) spoke in favor of the Bill.

New Legislation

HR 425 – Rep. Jay Neal (R-LaFayette) authored this Constitutional Amendment for Article I, Section II of the Constitution.  It addresses public funding of social services by allowing religious or faith based organizations to receive public aid, directly, or indirectly, for the provision of such services. 

HR 426 – Rep. Keith Heard (D-Athens) authored this proposal to create a House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women.

HR 458 – Rep. Pedro Marin (D-Duluth) offered this Resolution to recognize the growing incidence of chronic obstructive pulmonary disease in Georgia.  It encourages the Department of Community Health to enact regulations requiring data collection regarding the incidents of this disease.

HR 461 – Rep. Kathy Ashe (D-Atlanta) proposed this Resolution to direct the Georgia Department of Education and Georgia Professional Standards Commission to cooperatively develop a course on educator ethics to include information on the official Georgia Code of Ethics for educators.

HR 463 – Rep. Pete Marin (D-Gwinnett) introduced this initiative to recognize and commend the Georgia Hispanic Chamber of Commerce.

HR 466 – Rep. Mickey Channell (R-Greensboro) submitted this Resolution to commend the Healthy Kids Challenge program and to recognize March 3, 2011 as the Healthy Kids Challenge Day at the State Capitol.

SR 307 – Sen. Robert Brown (D-Macon) proposed this initiative to welcome citizens and public officials from Macon and Bibb County and to observe March 3, 2011 as Macon Day at the State Capitol.

SR 312 – Sen. Buddy Carter (R-Pooler) authored this Resolution to endorse the efforts to deepen the ports in Savannah, Georgia and Charleston, South Carolina.

Committee News

House Regulated Industries Committee

The only piece of legislation up for discussion in the House Regulated Industries Committee meeting was HR 186 presented by Rep. Harry Geisinger (R-Roswell).  The Resolution would amend the Constitution so that the General Assembly could authorize pari-mutuel wagering on horse racing.  Rep. Geisinger revealed that any revenues generated from horse racing would go to scholarships and grants as well as trauma.  It was mentioned that up to 10,000 jobs could be created as a result of allowing horse racing.  Several members of the public spoke in favor of the Resolution and commented on the huge benefits horse racing could bring to agricultural industries in Georgia.  Another advocate emphasized Atlanta’s value as a place for horse racing because it has such a large population and international airport.

House Education Committee - Academic Achievement Subcommittee

The Academic Achievement Subcommittee of Education met today to discuss three Bills.  The first was HB 314 presented by Rep. Tom Dickson (R-Cohutta).  The Bill is known as Jessie's Law and would make it so that a foster care student would be granted an excused absence from school while attending court proceedings so that he or she would still be eligible for perfect attendance.  The Bill passed unanimously without discussion.  Up next was HR 248 which was authored by Rep. Earl Ehrhart (R-Powder Springs).  The Resolution expressed the intent of the members of the House of Representatives to provide the 10% stipend that some members of the National Board of Certified Teachers have been promised when funding is made available.  Marcus Downs of the Georgia Association of Educators spoke in favor of the Resolution.  The Resolution passed easily.  The final Bill up for discussion was HB 181 presented by Rep. Edward Lindsey (R-Atlanta).  The Bill would make it so that the State Board of Education would be authorized to waive the one year requirement on a case-by-case basis when considering an individual for special needs scholarships.  Rep. Tommy Benton (R-Jefferson) wanted some assurances from Rep. Lindsey that the Bill would not become a vehicle for other amendments.  Rep. Kathy Ashe (D-Atlanta) suggested that the Bill be combined with another similar Bill.  The Bill then passed unanimously.

House Ways and Means Committee – Sales and Use Tax Subcommittee

Today, Chairman Ben Harbin held a meeting to address several proposals.

HB 240 – This Bill was presented by Rep. David Knight (R-Griffin) as "clean up language" requested to address joint projects which have become infeasible for a county, authority or municipality.  It establishes a procedure for modifying projects such projects and places a burden on the elected officials to show why the project is no longer feasible.  There were some questions on moneys raised through these local option sales tax ideas  and how those were to be used.  Clint Mueller explained that the principal could not be used and interest always follows the principal.  The word "appropriate" was eliminated (modifying resolution or ordinance) to be consistent with other language in the Code and the Subcommittee passed the substitute version of the Bill as amended.  It now moves to the full Ways and Means Committee for its consideration.

HB 319 – This initiative was presented by Rep. Ron Stephens (R-Savannah).  His Bill addresses sunset provisions in the Code for the sales and use tax exemptions previously permitted to be enjoyed by federally qualified health centers; volunteer health centers; food banks; donations of prepared foods for natural disasters and hunger relief purposes; and qualified job training organizations (Good Will).  Danah Craft, the executive director of the Georgia Association of Food Banks, spoke in favor of the Bill as it would permit 150 more tons of food to be purchased by the seven food banks across the State which currently provide food to food pantries and other nonprofit entities in all 159 counties.  Ms. Craft explained for every dollar of food purchased, seven dollars worth of food was leveraged.  Tom Bauer, representing Good Will Industries, explained his client's portion of the legislation, noting that Good Will is also a good citizen as it helps divert millions of pounds of clothing and other items to Georgia's landfills through their sales.  Becky Ryles spoke in favor of the Bill on behalf of the federally qualified health centers.  The group is composed of 26 organizations with 130 sites providing healthcare to Georgians in 70 counties.   There are standalone proposals for each of these Bills as well.

House Health and Human Services Committee

A very lengthy meeting was held by Chair Sharon Cooper (R-Marietta).  A few highlights of this meeting included:

• HB 303, the bill by Chair Cooper, addressing documents which nurse practitioners and physicians' assistants may sign under their requisite protocols and job descriptions, passed out of the Committee by Committee Substitute (motion was made by Rep. Billy Mitchell (D-Stone Mountain).
• HB 343, another Bill by Chair Cooper, addressed mental health issues and allows crisis stabilization units to be used in order to move individuals out of the State's hospitals.  Frank Shelp, M.D., Commissioner with the Department of Behavioral Health and Developmental Disabilities, explained that Georgia already uses "CSUs" and this will expand their use in keeping with the Department of Justice's settlement agreement.    Gwinnett-Rockdale-Newton Community Service Board supported the Bill as did Mental Health America. Rep. Mickey Channell (R-Greensboro) raised questions concerning the sizes of these "CSUs";  Dr. Shelp explained that they are targeted at 16 beds.  Rep. Sistie Hudson (D-Sparta) inquired about the numbers of these CSUs were projected; Dr. Shelp explained that there would be four more added and they would be under the Community Service Boards' operation.   An amendment was made by Rep. Cooper to the proposal which was adopted and the Bill then passed.
• HB 147, the initiative known as the Patient Right to Know Act, was previously passed by the Committee but was sent back to the Committee from the House Rules Committee for a "technical adjustment."  The Committee then passed the Substitute to HB 147 which passed with one dissenting vote from Rep. Charlyce Byrd (R-Woodstock).
• HB 227, the Bill relating to the administration of epinephrine by teachers and other school personnel, also had passed out of the Committee previously but was sent back to the Committee from the House Rules Committee.  Apparently, there had been a problem with the amendments made.  The Bill permits immunity for teachers for occasions when the "EPI Pens" are used and when they are not by school personnel.  Again, the Bill passed out of the Committee with one dissenting vote from Rep. Byrd.
• HB 275, the bill by Rep. Mike Cheokas (R-Americus), had the most discussion.  It amends a law passed in 2009 regarding do-not-resuscitate orders. The Committee focused on whether patients, who are sometimes in their homes, should be required to wear orange bracelets notifying EMS personnel that they have a "DNR" order.   An amendment was made so that it would be permissive but not a mandate and that the "order" would be placed in prominent place in the person's home.  The Bill then passed as a Committee substitute with the amendment made by the Committee.
• HB 324, brought by Rep. Jay Neal (R-LaFayette), presented this initiative concerning language sought by the Department of Behavioral Health and Developmental Disabilities to make Georgia's law match the contents of the Department of Justice settlement agreement.   Josh Norris, with the Georgia Advocacy Office, testified that Georgia's definition of "developmental disability" does not match the federal definition which includes intellectual disabilities and physical disabilities and problems in adaptive behavior.  Mr. Norris is concerned that in carrying out the law proposed Georgia may actually cause individuals, who currently receive waiver services, to no longer be eligible for those services.  This Bill was held for parties to work on language.
• HB 405, Rep. Chuck Martin's (R-Alpharetta) Bill addressing assisted living facilities, was brought up for the Committee to hear.  Compromise language was reached by the Georgia Assisted Living Federation and Georgia Health Care Association (nursing homes).  There continue to be some issues surrounding the proposal; thus, the Bill will be brought to the Committee again next week.

House Judiciary (Non-Civil) Committee - Ramsey Subcommittee

The Ramsey Subcommittee met this afternoon to discuss HB 288 authored by Rep. BJ Pak (R-Gwinnett).  The Bill seeks to allow the collection of DNA evidence at the arrest stage and would require that as a condition of bail for certain offenses that DNA collection be performed on the person seeking bond.  Rep. Pak admitted that the Bill would need a substitute and asked for commentary from all stakeholders.  Rep. Yasmin Neal (D-Jonesboro) brought up questions about funding for the proposed legislation.  Rep. Stacey Abrams (D-Atlanta) echoed the same concerns.  The Berry family from Gwinnett County offered a personal story about how the Bill could have helped their situation with their daughter’s tragic murder.  They argued that DNA evidence would have put the situation to rest much sooner.  The Committee commended the Berry family for having put forth their testimony and decided to reexamine the Bill after a substitute could be offered.

House Education Committee - Academic Support Subcommittee

The first piece of legislation to be put forth before the Committee was HB 81 requiring the submission of a Bill for a fiscal note when such Bill has a significant impact upon anticipated revenues or expenditures of a local school system.  Without any questions from the Subcommittee, the Bill passed unanimously.  HB 285 was then presented to the Subcommittee as a way through which background checks would be performed on educators in the State of Georgia.  A representative from the Professional Standards Commission commented on the Bill by saying that the FBI had encouraged the language of the Bill to be changed to exclude non-educators.  The Bill passed unanimously.  SB 38 was then brought to the Committee after a delay and Sen. Chip Rogers (R-Woodstock) presented.  The Bill would allow the State School Superintendent to be able to approve contracts at the rate of $250,000 or below as opposed to the previous level of $50,000.  Rep. David Casas (R-Lilburn) asked a question about the percentage of contracts that are taken into consideration above the $250,000.  The Bill passed easily with an amendment that would also allow the Superintendent to set the agenda at board meetings.

Senate Health and Human Services Committee

A presentation was made to Chair Renee Unterman and her Committee by Paula Guy who runs Georgia's Telehealth Initiative.  Telemedicine has been proven effective.  The Georgia network will soon have 265 locations on-line providing assistance to Georgians.  It has also equipped 18 hospitals through its teletrauma initiative.  Nursing homes are also using telemedicine to provide psychiatric services and assistance with emergency room matters, working on keeping patients in nursing homes rather than engaging in unnecessary transports.  Jordan Greenbaum, at Children's Healthcare of Atlanta, has also been engaged to provide child abuse examination services.  Ms. Guy explained that in 2006, there were six encounters using telemedicine; in 2010, there were 30,000 encounters using this form of healthcare. Georgia's Telehealth Program is leading the country and has bypassed all other states with its work in this area.  Most states have universities in charge of their telehealth programs; Georgia's is led by standalone entity.  Georgia does utilize funding from its Universal Service Fund to help pay connectivity charges. 

Irene Munn, with Lt. Governor Cagle's Office, also spoke about the pilot program being utilized in Berrien and Ware Counties for school nurses' consultations.

Sen. Unterman explained her preference that the Georgia funding for technology, including the $90 million in federal funds to be matched with the $10 million State funds, would have some directed towards telemedicine.

Sen. Bill Ligon (R-Brunswick) reported that SB 63, the Bill by Sen. John Albers (R-Roswell), which would establish a fingerprinting system using "smart cards" to help eliminate fraud in Georgia's Medicaid program, would be heard again on March 3, 2011.   Sen. Ligon also reported that his Subcommittee had passed out a substitute version of SB 22, the legislation addressing medical loss ratios.

SB 81, the Bill brought by the Secretary of State, addresses a requirement that pharmacy technicians and pharmacists would undergo mental health or physical examinations/evaluations at the request of the Pharmacy Board.  It was stressed that this language mirrors other professions' requirements relating to these examinations.  Michael Sullivan, with the Secretary of State's Office, was on hand to lend support and explained that the Georgia Pharmacy Board had requested the language.  Skin Edge, representing CVS Pharmacies, raised several questions:  1) who determines "reasonable cause;" 2) what liability exposure is there; 3) what about privacy concerns; and 4) what is the extent of the problem?  Mr. Edge reminded members of the Committee that SB 81 had also not moved through the Subcommittee process, jumping instead to the full Committee.  The Substitute to SB 81 passed out of the Committee, moving to the Senate Rules Committee.

SB 100, the nurse education bill addressing a situation which inadvertently occurred when legislation was passed in 2009, also passed out of the Committee by Committee substitute.  This Bill, by Sen. Mitch Seabaugh (R-Sharpsburg), helps specifically Pensacola Christian College.  Those nursing students will not be permitted to sit for the Georgia licensure examination.

Several other pieces of legislation were mentioned including: SB 76 (trauma); SB 93; SB 135; and SB 178.  These initiatives will be moving to Subcommittees.  Sen. Unterman wants all legislation fully vetted in subcommittees before next Wednesday in order for bills to make it through cross-over day on Day 30.