Lawmakers returned to action on the 33^rd Legislative Day with relatively light calendars in the House and Senate.  More work is now taking place in Committee meetings and behind-the-scenes. The tax code revisions and the speculation surrounding those also swirled again today with a late arriving message that the Joint Committee on the Tax Structure would in fact meet on Thursday (March 24).  More information is included about the tax meeting in the report below.

Otherwise, motorcycle enthusiasts from all over the State revved their engines as they descended on the Capitol to celebrate their special day on Wednesday and individuals concerned about immigration reform initiatives halted traffic in all directions at the Capitol on Thursday.

Lawmakers will return to the Capitol on Monday for Day 34 of the Session.

Floor News

Senate

The Senate session on Wednesday began with an introduction of the Chaplain of the Day, Rev. Renfroe Watson, by Sen. Cecil Staton (R-Macon).  The Children's Healthcare of Atlanta Kidney Transplant Program was recognized for having completed their 500^th pediatric kidney transplant on January 28, 2011.  The Breast Cancer Coalition Fund was also formally commended. 

Meanwhile, the only Bill discussed was HB 223 which was originally authored by Rep. Rick Jasperse (R-Jasper) and presented by Sen. Frank Ginn (R-Danielsville).  This Bill would allow farm buildings to be exempt from building code restrictions if they are engaged in agricultural operations that primarily deal with manure storage, animal mortality composting, or winter feeding.  Many of the Senators jokingly questioned Sen. Ginn because it was his first time in the Well.  HB 223 passed with a final count of 52 to one.

House

Rep. Carolyn Hugley (D-Columbus) introduced the Chaplain of the Day, Rev. Goodman from St. Mary's Road United Methodist Church in Columbus, GA. The Athens Delegation led lawmakers and visitors in a moment of silent remembrance and reflection for the police officers who were shot on duty on Tuesday, March 22^nd. Officer Tony Howard was injured on the scene and Officer Elmer Buddy Christian was shot and killed.  Rep. Amy Carter (R-Valdosta) introduced Leadership Georgia and congratulated the organization on its 40^th Anniversary.

There were two proposals considered on the House Rules Calendar:

HR 491 – Rep. Valerie Clark (R-Lawrenceville) brought forth this Resolution which encourages the development of "performance-based" coaching programs for teachers and administrators. These programs are aligned with the Race to the Top and are just a "little bit different" from the programs currently in place through the Professional Standards Commission.  HR 491 passed 149 to seven.

HR 459 – Rep. Mike Dudgeon (R-Suwanee) presented his first piece of legislation which supports the Professional Standards Commission's ("PSC") rule change on advanced degree certificate upgrade funding for teachers and administrators. The State of Georgia pays teachers more when they have received more certificates and degrees, but some of those receiving such money is for degrees from online "diploma mills" where the individual simply pays and receives a certificate. The PSC's recent rule change mandates that funding can only go towards certificates and degrees that are relevant to the teacher's instruction area and must be from either a research institute or a nationally certified program.  Rep. Dudgeon was careful to point out that this does not eliminate online classes, simply ones that can be considered diploma mills.  This legislation also does not seek to negate other degrees and certifications received prior to October, 2010 when the rule was passed.  Rep. Dudgeon also noted that this Resolution has no statutory implications.  It simply indicates that the House of Representatives supports the PSC's rule changes.  HR 459 passed 159 to seven.

New Legislation

HB 548 – Rep. Pedro Marin (D-Duluth) offered this amendment to O.C.G.A. § 34-9-1(2) regarding workers' compensation in an effort to provide that individuals who are parties to a franchise agreement are not to be considered employees.

HB 558 – Rep. Jason Spencer (R-Woodbine) authored this proposal amending Chapter 91 of Title 36.  His Bill would authorize local governments to apply, by local ordinance or resolution, a preference for local resident businesses to be considered in bids for local public works projects.  In determining "residency," it outlines in O.C.G.A. § 36-91-21.1 that a local resident (for purposes of a project involving a county bid) would be any business which regularly maintains a place from which the business is physically conducted in the county for at least one year prior to any bid or proposal or a new business that is domiciled in the county which regularly maintains a place fro which business is physically conducted in the county.  This does not include a post office box, site trailer, or temporary structure.  For a municipal bid, it would any business that regularly maintains a place from which business is physically conducted in the county in which the municipality is located for at least one year prior to any bid or proposal submitted or a new business domiciled in the county in which the municipality is located which regularly maintains a place from which business is physically conducted in the county – again, it must not include a post office, site trailer or temporary structure. The county or city would have to have an appropriate ordinance or resolution to give such preference.

HB 559 – Rep. Debbie Buckner (D-Junction City) proposed this Bill which would amend Article 2 of Chapter 5 of Title 16.  The Bill would increase the punishments for assault, aggravated assault, simple battery, battery, and aggravated battery committed upon health care workers in the line of duty.

HB 564 – Rep. Billy Maddox (R-Zebulon) introduced this piece of legislation which would amend O.C.G.A. § 48-5-7.4.  The Bill would make it so that the use of property for collection and conversion of solar energy would not constitute a breach of current conservation law related to ad valorem taxes.

HB 565 – Rep. Martin Scott (R-Rossville) submitted this amendment to Article 2 of Chapter 3 of Title 35 which would change many different provisions in the law related to disclosure and dissemination of criminal records to private persons and businesses.  It would put new restrictions on access to these records for the sake of modifying, amending, or sealing them.  HB 565 would also make it so that individuals who have not been convicted would have their arrest records restricted.  The Bill would further amend O.C.G.A. § 5-6-34 and O.C.G.A. § 15-11-83 to correct cross-references.

HB 567 – Rep. Stephanie Stuckey Benfield (D-Atlanta) offered this Bill to provide that public high schools provide students and parents and guardians of those students with the option of not releasing their personal information to military recruiters in O.C.G.A. § 202-2-721.  The principals of the public high schools would be required to submit a list of names to the local board of education on or before October 1, and March 1 of each school year those students whose contact information cannot be released to military recruiters.

HB 568 – Rep. Ron Stephens (R-Savannah) authored this amendment to Title 3 which would define a craft brewery as a “a place where malt beverages are manufactured or brewed, subject to barrel production limitation prescribed in Code Section 3-5-39, solely for retail sale in unbroken packages on the premises.”  The Bill would also establish guidelines as to how craft breweries would be licensed and managed in Georgia.  One of the major stipulations would be that craft breweries would be limited to the manufacture of no more than 10,000 barrels of malt beverages in a calendar year.

HB 594 – Rep. Jon Burns (R-Newington) authored this Bill which would amend O.C.G.A. § 14-11-101 (12) and the definition of "limited liability company."  His proposal would include a "low-profit limited liability company.  Further, it defines in a new paragraph (14) what a "low-profit limited liability company" is:

A limited liability company that has set forth in its articles of organization a business purpose that satisfies, and that is at all times operated to satisfy, each of the following requirements:

(A) The limited liability company significantly furthers the accomplishment of one or more purposes within the meaning of 26 U.S.C. Section 170(c)(2)(B) and would not have been formed but for its relationship to the accomplishment of such purposes;

(B) No significant purpose of one or more limited liability company interests in the limited liability company shall be the production of income or the appreciation of property; provided, however, that the fact that the limited liability company produces significant income or capital appreciation shall not, in the absence of other factors, be conclusive evidence of a significant purpose involving the production of income or the appreciation of property with respect to any particular limited liability company interest in the limited liability company; and

(C) No purpose of the limited liability company shall be to accomplish one or more political or legislative purposes within the meaning of 26 U.S.C. Section 170(c)(2)(D).

It adds in O.C.G.A. § 14-11-207((a)(1) that names such entities would have to reflect that they are a "low-profit limited liability company."  Also, it revises O.C.G.A. § 14-11-603(b) concerning administrative dissolution of these types of limited liability companies – they would also be dissolved after failing for 60 days to meet the requirements to file articles of amendment to amend its name to conform with provisions of O.C.G.A. § 14-11-207(a)(1)(B).

HB 595 – Rep. Ellis Black (R-Valdosta) introduced this change to O.C.G.A. § 48-7-40.1 to provide that in certain circumstances tax credits may be earned for jobs created in the year prior to the year in which an area is designated by the Department of Community Affairs as an opportunity zone designation (or is a less developed area).  A similar Bill was also proposed in HB 596 by Rep. Black.

HR 691 – Rep. Karla Drenner (D-Avondale Estates) proposed this Resolution to create the House Study Committee on the Use and Development of Nuclear Energy Plants.  This Resolution is a result, in part, from the events which took place recently in Japan.  It contemplates a nuclear vulnerability assessment. The Study would be conducted by five members from the House of Representatives and it would be required to be completed on or before December 31, 2011.

HR 692 – Rep. Karla Drenner (D-Avondale Estates) also introduced this "urging" Resolution in an effort to get local boards of education and schools in Georgia to implement renewable energy systems so that such would be used as on-site learning experiences.

HR 693 – Rep. Karla Drenner (D-Avondale Estates) proposed this "urging" Resolution to have developers and builders of residential property to offer the installation of solar energy systems to homeowners.

HR 694 – Rep. Karla Drenner (D-Avondale Estates) authored this fourth idea on energy by proposing the creation of a House Hydropower Study Committee as a clean fuel source as they doe not pollute the air like power plants which burn fossil fuels.  This Study would be conducted by three members of the House and it would be required to conduct such work by December 31, 2011.

SR 473 – Sen. Valencia Seay (D-Riverdale) introduced this Resolution which would create the Senate Study Committee on Bridging the Digital Divide in Aging Communities.  It would look at ways to ensure that aging communities have the appropriate level of training for the use of modern technologies and communications devices so that they may better care for elderly Georgians' basic individual needs.  This Committee would be made up of five members from the Senate.

SR 479 – Sen. Steve Henson (D-Tucker) proposed this Resolution to urge local school boards of education, after 2014, to purchase only school buses which are equipped with video cameras.

SR 480 – Sen. Steve Henson (D-Tucker) introduced this initiative to urge local school boards of education to adopt policies requiring that vending machines in schools be stocked with only healthy options.

SR 482 – Sen. Horacena Tate (D-Atlanta) submitted this Resolution to recognize and commend Georgia's Pre-K Program.

Wednesday Committee News

House Judiciary (Non-Civil) Committee- Setzler Subcommittee

The Setzler Subcommittee met on Wednesday to discuss a single Bill.  SB 94 was presented by Sen. Bill Heath (R-Bremen) and would change a firearms definition related to sawed-off rifles and sawed-off shotguns.  Sen. Heath stated that the Bill would simply correct a minor problem with SB 308 which passed last year.  Rep. Christian Coomer (R-Cartersville) asked a question about the term "discharged by the act of an explosive."  Rep. Stephanie Stuckey Benfield (D-Atlanta) inquired as to how the Bill could potentially be in conflict with SB 102.  A representative from a Georgia gun advocacy group spoke against the Bill by saying that SB 94 actually put more regulation on handguns, and he was, therefore, against it.  Sen. Heath reiterated his profound belief in the 2^nd amendment.  Chairman Ed Setzler (R-Acworth) closed the meeting by suggesting that all parties get together and discuss a compromise before a vote would be taken.  Sen. Heath agreed; SB 94 will be revisited by the Subcommittee at a later date.   

House Health and Human Services Committee

The House Health and Human Services Committee convened on Wednesday afternoon to discuss several Bills.  SB 81 was presented by Sen. Buddy Carter (R-Pooler) and would make it so that licensees or applicants for the practice of pharmacy would be required to complete mental and physical examinations.  This would include both pharmacists and pharmacy technicians.  Several language-oriented questions were asked by Rep. Ben Watson (R-Savannah) and Rep. Alisha Morgan (D-Austell), but Sen. Carter produced answers that satisfied their concerns.  A representative from the Secretary of State's Office spoke in favor of the Bill.  In the end, SB 81 passed easily from the Committee.

The most anticipated Bill of the Committee meeting was SB 178 presented by Sen. Johnny Grant (R-Milledgeville).  The legislation would allow for the regulation and licensing of assisted living communities.  Sen. Grant acknowledge that legislation regarding assisted living communities had been in the works for the last 16 years and finally all competing entities had settled on a compromise.  An amendment was offered by Sen. Grant and he explained it as a correction submitted by the Department of Community Health.  Representatives from AARP and the Georgia Council on Aging spoke in support of the Bill.  SB 178 passed unanimously and people in the audience applauded loudly as they congratulated each other on the success of the Bill.

House Governmental Affairs Committee

Sen. Frank Ginn (R-Danielsville) presented SB 86 which would change the definition of "qualified local government" as well as removes restraints and provisions placed upon local governments.  The Bill would allow these local governments to "plan according to need." If these local governments have a "basic local plan" approved by the county or municipality, it would be developed by the state's regional commissions using existing resources.

Rep. Rusty Kidd (I-Milledgeville) introduced an amendment to SB 86, supported by the Department of Community Affairs, the Governor's Office, as well as the sponsor of the legislation that would provide a means for communities to become designated retirement communities.  Some Committee members were concerned with the germaneness of the amendment to the Bill at hand.  However, it was determined that the two issues affect the same code section and deal with community planning.  Rep. Kidd's substitute was approved and SB 86 passed the Committee unanimously.

Sen. Ross Tolleson (R-Perry) brought forth SB 122, which would establish guidelines as to how local government public works bidding would be conducted concerning water reservoirs, facilities, and systems.  LC 28 5702S was offered as a substitute, which outlines time constraints and parameters of an appeals process.  There was little clarity as to whether or not there should be a time limit on the appeals process, or if it should be "left up to the courts." The substitute states that the appeals process shall be resolved by filing a petition with the superior courts after the awarding of a project within 30 days.  SB 122 passed by substitute.

Sen. Butch Miller (R-Gainesville) presented SB 121, which would amend the process of refunding fees collected by the Department of Natural Resources ("DNR").  In the past, DNR refund claims had to be sent to the Claims Advisory Board of the Secretary of State's Office and often led to a lengthy and inefficient process.  SB 121 amends the process so that the DNR is authorized to establish a procedure to regulate the refunding of fees.  Sen. Miller said that this Bill "cleans up the efficiency of the government process."  The Committee substitute to SB 121 passed easily.

House Education Committee- Academic Achievement Subcommittee

The Subcommittee met to hear presentations by Rep. Dee Dawkins-Haigler (D-Lithonia) and Rep. Sharon Beasley-Teague (D-Red Oak).  Rep. Dawkins-Haigler spoke on HB 276, which seeks to impose harsher punishments for parents who fail to attend parent-teacher conferences when their child is failing for two or more consecutive terms. The law currently allows for these parents to be called to court for failure to attend and this legislation seeks to impose fines for their absences as well.  The Bill would provide that parents cannot refuse to attend these meetings simply because "they don't want to," as has been seen in many cases before.  Rep. Dawkins-Haigler noted that more often than not, a child's achievement and behavior in school is directly related to parental involvement.  A representative from the Department of Education spoke against HB 276, stating that arraigning and/or fining parents is not a "workable solution" to the problem of parental involvement.  She also said that this legislation would place the principal in a "parent police mode," which would be no more effective at getting these parents involved.

Rep. Beasley-Teague (D-Red Oak) presented HB 238, seeking to implement the Liz Claiborne "Love is Not Abuse" campaign to raise awareness and end teen dating violence.  She stated that she has seen firsthand that young children in the classroom think that it is acceptable to hit each other and this often can grow into condoning dating violence as they get older.  She argued that implementing the program in schools would teach children and youth that "love" is not about hitting and abusing partners.  Rep. Beasley-Teague noted that there is a grant given to any school system which implements the "Love is Not Abuse" Campaign from the Liz Claiborne Company.  The Representative proposed that there be 1-2 sessions for students as a part of the Health class curriculum.  Again, a representative from the Department of Education spoke against this Bill stating that there are already similar policies in place.  The representative stated that mandating a specific program is problematic because it "should be left up to the school boards and Department of Education," and that local districts should be able to make these decisions themselves.

Senate Regulated Industries and Utilities

Chaired by Sen. David Shafer (R-Duluth), the Senate Regulated Industries and Utilities Committee convened on Wednesday afternoon to examine three House Bills.  The first of these was HB 256 presented by Rep. Wendell Willard (R-Sandy Springs).  The Bill would provide for the comprehensive regulation of 9-1-1 charges on prepaid wireless services by making it so that the funds would be collected by the Department of Revenue and distributed by population.  Rep. Willard emphasized the fact that ACCG and pre-paid wireless retailers supported the Bill.  After several comments from Sen. Shafer, HB 256 was voted on and passed unanimously.

Rep. Don Parsons (R-Marietta) presented the next piece of legislation, HB 116 which would allow review exemptions for issuance of stocks, bonds, notes, or other debt by companies under the Public Service Commission's jurisdiction.  Sen. Shafer and Rep. Parsons collaborated on an amendment deleting the phrase “in a foreign jurisdiction” and inserting “outside of this state.”  The Committee voted to pass the Bill by substitute as it was amended.

The final Bill to be examined was HB 280 presented by Rep. Ben Harbin (R-Evans).  The Bill would make it so that money allocated to the Emergency Telephone System Fund could be used in an expanded number of ways.  These funds could potentially be used to enhance dispatch and response activities and provide equipment to public safety personnel.  Without any objections from the Committee, the Bill was voted on and passed easily.

Senate Insurance and Labor Committee

The Senate Insurance and Labor Committee worked through an amended agenda which included the following bills:

HB 66 was presented by Rep. Rep. Howard Maxwell (R-Dallas) using the version named LC 37 1221S. ACLI and Prudential asked for a change relating to approval of the forms. The Bill clarifies that Insurance Certificates will be required to be filed with the Department of Insurance.  This Bill was brought because of a problem which came about with contractors using these forms inappropriately.  Sen. Jack Murphy (R-Cumming) asked if the Commissioner of Insurance approved the changes; it was stated that the Commissioner actually recommended the changes. The Independent Insurance Agents of GA rose in support of the Bill. HB 66 was moved do pass without further changes and the motion carried. Sen. Goggans (R-Douglas) will carry the Bill on the Senate floor.

HB189 was presented by Rep. Joe Wilkinson (R-Atlanta).  This initiative would create the Noncovered Dental Services Act.  It would clarify that no contract for dental services will require a dentist to do services at a particular rate if those services are not covered services in the contract with the insurer. Essentially, insurers were telling dentists what to charge for things such as cosmetic services.  Rep. Wilkinson noted that this Bill is about a sense of fair play. 16 states have passed legislation similar legislation and 17 states are considering such initiatives.  Rep. Wilkinson explained that to his knowledge that only one insurer opposed the Bill. Others have moved to neutral or moved to support.  Sen. Don Balfour (R-Snellville) for clarification on whether the insurer could tell a provider what to charge if those services were not covered under the contract. The explanation of benefits ("EOB") would reflect what is covered services and what is not even though no benefit is assigned; it was merely something that the dentist had not negotiated and it would reflect to the patient that he or she could negotiate a better price once denied. It would outline "fair" prices.  Michael Shelnutt spoke for Humana and its 100,000 dental patients; Humana opposed the Bill. Martha Phillips, with the Georgia Dental Association, said this was a serious problem and her organization supported the Bill which conforms to NCOIL model legislation. Dentists want to level playing ground. She also noted that Commissioner Hudgens is in favor of bill.  A motion was made to pass the proposal, and it carried. Sen. Johnny Grant (R-Milledgeville) will carry Bill on the Senate Floor.

HB 292, which addresses employment security law in Title 34, was presented by Rep. Bill Hembree (R-Winston) by Substitute claiming it is a very important Bill to Georgia's business community. It addresses administrative assessments and extends those five years. Career centers are supported by such. It further softens the increase of money paid into Unemployment Trust Fund. Mark Butler, Commissioner of Labor, was present but made no remarks. There were questions concerning this Bill and the Bill on similar subject issues by Sen. Tim Golden (R-Valdosta) which dealt solely with surcharge. Sen. Golden will handle this proposal on the Senate floor.  Elizabeth Appley spoke to the Bill on behalf of League of Women Voters. She offered for consideration a technical amendment to allow folks to receive extended benefits because of the numbers of unemployed Georgians.  Half of those unemployed have been unemployed 27 weeks or longer and are receiving $.34 on each dollar. She explained that HB 589 accepted the extended benefits from the federal government in 2009 (that extra monetary help was all federal dollars).  With those funds, Georgia helped 77,000 individuals last year.  Ms. Appley explained that the extension of these benefits would have a stimulus effect with a two to one impact, helping many small businesses. Currently, the extended benefits are set to expire.  Eight states have made this change on the "look back period" from two years to three years.  Reimbursable employers do not pay into the trust fund and therefore they do not get 100 percent reimbursement.  The Chairman refused to accept the amendment; the Bill was passed as presented.

Senate Judiciary Committee

Rep. Tom Rice (R-Norcross) presented HB 198 which extends the sunset provision to 2016 for the Superior Court Clerks Authority for the system maintaining UCC records (deeds and etc).  No opposition was raised and the Bill passed as presented.

Action on Rep. Alan Powell's (R-Hartwell) bill, HB 114, was postponed. 

Rep. Mike Jacobs (R-Atlanta) presented HB 64, which amends O.C.G.A. § 13-1-11 dealing with attorney fees in contract cases.  Rep. Matt Ramsey (R-Peachtree City) and Rep Jacobs have encountered this situation on "reasonable attorney fees" in contract cases. Rep. Jacobs pointed to a particular case Pacific Mutual Life v. Wise which dealt with the application of attorneys' fees in the amount of $637,000.  These were deemed grossly excessive fees by the appellate court, but the 11th Circuit Court of Appeals explained that it was bound to follow the Georgia statute.  The Substitute addressing debt adjustment services was agreeable to Rep. Jacobs, but did not speak to that language. Sen. Jesse Stone inquired about line 36 which he elt also would lead to windfalls of huge fees. Rep. Jacobs noted that paragraph (1) is a cap on such fees in any contract matter. The Bill will address solely contract matters involving evidence of indebtedness.  Sen. Bill Cowsert (R-Athens) wished to clarify that this Bill would only apply to contract matters; Rep. Jacobs explained that was not necessary. This change will not apply to tort actions. The Bill was then held and would be brought back at a later time.

HB 24 was presented by Rep. Wendell Willard. This Bill is supported by the State Bar of Georgia and is the culmination of much work over several years. It rewrites Georgia's evidence code and addresses both documents and testimony.  The Committee began work in 2008 which will help modernize the Georgia evidence code since it was first codified in 1868. It was explained that many technology changes have been made in the last 140 years.  The model code on evidence has been adopted in 44 states.  This version took provisions in various portions of Georgia's current code, which deal with evidence and incorporated those references into this revision.  This Bill will also eliminate things which were no longer pertinent.  The former President of State Bar explained the process of who worked on Bill, which he claimed was a good product.  The State Bar of Georgia's Board of Governors has almost always unanimously passed it each time. Comments, negative in nature, have been expressed. They looked for unintended consequences. Georgia's current rules on evidence are antiquated.  This Bill makes changes to areas such as the following:

• Hearsay – Georgia is the only state to permit such evidence. It will now join the other 49 states and hearsay will become inadmissible unless party says it is okay.
• Res judices – It was explained that Georgia's current law permits evidence when the judge likes you and he or she will then let that evidence in; when the judge does not like you, the evidence is not permitted to be admitted. This problem is now addressed.
• Agency admission – Currently there are two references to agency admissions.  One is from the evidence code and one is from agency code. This is inefficient with dueling statutes. One clear rule on this would be included.
• Business record exception – Georgia does not currently allow opinions. That is not so in other states.  By permitting opinions, there will be a cost savings for the parties involved
• Records authentication- It will permit the use of an affidavit to be used for such purposes. 
• Rules evidence will apply to criminal cases.
• Public records are addressed. Rule 803a speaks to these.

Senate Insurance and Labor Subcommittee

The Senate Insurance and Labor Subcommittee met on Wednesday to discuss two Bills.  However, before the meeting started, Chairman David Shafer (R-Duluth), Rep. Rich Golick (R-Smyrna) and an individual from the Insurance Commissioner's Office spent several minutes scrutinizing HB 413.  The Bill would change numerous provisions associated with the authorization of procurement of surplus line insurance.  They reached the conclusion that the Subcommittee would not formally spend time on HB 413 today, but would instead do some more work on it offline. 

That left HB 423 as the only other Bill on the agenda.  Rep. Howard Maxwell (R-Dallas) presented the Bill as a necessary measure to protect consumers from unfair trade practices that are associated with roofing contractors who insist on filing questionable insurance claims.  A representative from the Governor's Office of Consumer Protection spoke favorably of the Bill and thanked Rep. Maxwell for allowing him to participate in the process.  Representatives from insurance companies spoke in favor of the Bill as well as a representative from the Insurance Commissioner's Office.  An individual representing a roofer's association was the only opposition to the Bill.  He claimed that HB 413 could hurt business for roofers that do work the right way.  The Bill was voted on and passed out of the Subcommittee easily. 

Senate Health and Human Services Committee- Health Professional Issues Subcommittee

Rep. Hank Huckaby (R-Athens) spoke to the Subcommittee on HB 509 which would abolish the State Medical Board and merge its functions and administrations with the Georgia Board for Physician Workforce. This merger would save the State approximately $250,000 or more, and would co-locate administrative operations such as licensing. HB 509 passed the Subcommittee.

Senate Health and Human Services Committee- Health Care Delivery Subcommittee

Rep. Sharon Cooper (R-Marietta) brought forward HB 303, which permits physicians to delegate authority to their registered nurses, nurse practitioners, and physicians assistants to handle samples for patients. This includes requesting, receiving, signing for, and distributing professional samples to these patients, as well as recording all related information into their charts for later references. HB 303 also allows these healthcare professionals to perform physicals with the physician's approval, and allows the physician to determine follow up times based on charts filled out by these professionals. HB 303 passed the Subcommittee.

Rep. Cooper also presented HB 489, which mandates that the Department of Community Health shall not enter into any contingency fee contract with a Medicaid recovery audit contractor. The Centers for Medicaid and Medicare Services may issue a waiver to exempt the State from paying these fees. HB 489 passed the Subcommittee.

HB 343, also by Rep. Cooper, was presented.  It sets up the crisis stabilization units mandated by the October 2010 settlement with the Department of Justice. These units are short-term (5-7 days) residential treatment facilities to provide psychiatric stabilization and detoxification services. The Department of Behavioral Health and Developmental Disabilities hopes to have 16 units for adults and four for children and youth statewide. The cost of crisis stabilization in a State Hospital costs over $600 per day, whereas the Crisis Stabilization Units will be much less at approximately $343 per day.  HB 343 seeks to codify into law the common practice the existing units by providing the definitions of standards, admissions, operations and licensing procedures, and other administrative specifics. Ms. Temple Sellers, Attorney for the Georgia Hospital Association, offered an amendment to the Subcommittee which provides the units with a liability exemption from "false imprisonment" charges from customers, as well as liability exemption for "acting in good faith" in regards to treatment of the patients. The legislation and other laws formerly only afforded the employees of these units with this immunity from liability. HB 343 passed as amended.

Rep. Mickey Channell (R-Greensboro) brought forth HB 214, which establishes the Department of Public Health as a separate department, moving it from under the Department of Community Health )"DCH").  Rep. Channell commented that the Division of Public Health has been in "a mess" over the past 30 years being a small part of a large bureaucracy. After long consultation with Governor Deal, it is the goal to extract it from the DCH and allow it to become a stand-alone agency. It will receive direct oversight like any other agency. HB 214 passed out of the Subcommittee.

Rep. Matt Hatchett (R-Dublin) introduced HB 145 which amends the Georgia Physical Therapy Act to add "dry needling" to the scope of practice for licensed physical therapists in Georgia. Dry needling is a procedure similar to acupuncture, where a physical therapist inserts a needle into the muscle to relieve pain. HB 145 passed out of the Subcommittee. 

Rep. Jay Neal (R-LaFayette) presented HB 324 which amends Chapter 4 of Title 37 pertaining to some of the requirements of the Department of Justice's settlement with the Department of Behavioral Health and Developmental Disabilities and its care and treatment of individuals. The Bill addresses the hospitalization of persons with developmental disabilities, and repeals obsolete definitions. HB 324 passed the Subcommittee.

Finally, the Subcommittee discussed HB 307 by Rep. Ben Harbin (R-Augusta) which would provide traumatic burn centers and traumatic burn patients to be included as a part of the Georgia Trauma Care Network. In order for a hospital to be designated a trauma burn center, they must have 300 or more burn patients annually. HB 307 was amended so as to not allow these trauma centers special circumvention of Certificate of Need laws. HB 307 passed the Subcommittee.

Senate Health and Human Services Committee- Pharmacology Subcommittee

Rep. Ron Stephens (R-Savannah) presented HB 457 which would authorize the use of remote automated medication systems in nursing home facilities. This Bill has been pushed by the nursing home industry and a manufacturer of this machinery. This Bill would allow physicians' orders to show up immediately in nursing homes through the network once put in by the pharmacist. These systems will reduce drug waste, medical pass time, and up to 4 hours per day of pharmacist work. Additionally, putting these systems into place will save $2,000 per month per facility. Rep. Stephens said similar systems are used in numerous other states with good results.

The Subcommittee expressed concern with issues of theft of the drugs from inside the machine.  However, Rep. Stephens assured the Subcommittee that there was evidence that there will be less theft once these machines are put into use. Also, the machines are more difficult to get drugs in or out of because they are dispensed on a patient-by-patient basis, and the distributing nurse must type in each name individually. The Subcommittee also expressed concern with the term "institution" on line 15, and requested legislative counsel to "tighten up the definition" so that it would be more along the lines of skilled nursing home without opening up the legislation to Georgia's Certificate of Need law. The Pharmacology Subcommittee chose to table HB 457 until the language surrounding "institution" can be more closely defined.

Thursday Committee News

House Judiciary (Non-Civil) Committee

The House Judiciary (Non-Civil) Committee met early Thursday morning to discuss a handful of Bills.  Sen. Lindsey Tippins (R-Marietta) presented SB 231, which would make it so that an individual who commits aggravated assault or aggravated battery against a law enforcement officer would not be allowed to receive first offender treatment.  Rep. Bobby Franklin (R-Marietta) voiced concern about how law enforcement officers would be receiving preferential treatment compared to the ordinary citizen.  Rep. Roberta Abdul-Salaam (D-Riverdale) echoed the same concern by asking why teachers would not be included as well.  Despite the limited amount of discussion, SB 231 was voted on and passed with Rep. Franklin providing the only dissenting vote.

The next Bill to be discussed was SB 94 authored by Sen. Bill Heath (R-Bremen).  Chairman Rich Golick (R-Smyrna) revealed that the Bill would be "gutted" removing all language about firearms and would be replaced with content from HB 185.  The Bill (HB 185) was presented by Rep. Tom Weldon (R-Ringgold) and is known as the Runaway Child Safety Act.  It would change provisions related to contributing to the delinquency, unruliness, or deprivation of a minor. It outlines what types of entities may house these children and would require them to make efforts to notify the children's parents absent evidence of abuse.  These contacts to parents would be required to be made no later than 72 hours after the child entered the facility.   Rep. Ed Setzler (R-Acworth) asked a question about the 72-hour window when parents would have to be notified about their child.  Rep. Yasmin Neal (D-Jonesboro) inquired about the severity of the penalties.  The Bill passed easily with the only dissenting vote coming from Rep. Franklin.

SB 214 was up next on the agenda.  It was authored by Sen. Judson Hill (R-Marietta) but he was not in attendance to present the Bill.  Chairman Golick once again revealed that the Bill was amended to include language about the protection of records in the Georgia Bureau of Investigation and the stipulations for allowing some records to be released.  Rep. Abdul-Salaam asked a question about whether this Bill solely pertained to electronic records.  In the end, the Bill passed unanimously.

Sen. Josh McKoon (R-Columbus) presented SB 80 which would allow for DNA to be collected from individuals who have been arrested for a felony.  Chairman Golick explained that there were two additional substitutes for this Bill; one contained HB 299 and the other contained HB 299 (by Rep. Jay Neal) and HB 402 (by Rep. Mark Hatfield).  When asked about the constitutionality of the Bill, he stated that a magistrate would have to establish that there was probable cause before the DNA could be collected.  Sen. McKoon noted that 24 other States have similar laws and have been able to address a number of different kinds of cases with the collection of DNA.  According to the fiscal note, the Bill would cost $3.8 million in the first year and $3.1 million per year thereafter.  Jack Martin, with the Georgia Association of Criminal Defense Lawyers, expressed that he supported solely HB 299.  He explained that he saw SB 80 had problems because it had no protections for exonerations down road. As for profiles and destruction of samples, the profiles are kept on a computer. SB 80 is silent on destruction of the profile; it only discusses destruction of the actual DNA sample. Further, Mr. Martin felt that it was a better approach to pass HB 299 rather than HB 299 and HB 402.  Mr. Martin did, however, express his support of the expungement bill, HB 402.

The Southern Center for Human Rights also supported HB 299 as it strikes a balance and Georgia currently has the resources to fund it.   Keep Georgia Safe's representative also rose in support of the underlying Bill, SB 80, and its use in felony cases so that DNA could be taken at the point of arrest.  It was argued that DNA was the "fingerprint" of the  21st century and such evidence will save taxpayers in long run.

A victim, Susan Cash, also testified before the Committee.  She was a victim of a violent rape and abduction.  She supported SB 80. 

Rebecca DeHart spoke on behalf of GNESA, which also supports SB 80.

A motion was made to pass the Substitute containing HB 299 and HB 402.  The motion carried and the Bill now moves to the House Rules Committee without any additional changes being made.

SB 93 was authored by Sen. Buddy Carter (R-Pooler).  This Bill is Georgia's annual dangerous drug update.  Bath Salts would now be categorized as Schedule I controlled substances because they have been determined to have no medicinal use.  An amendment was offered, AM 33 1078, which would exempt pseudoephedrine wholesalers from certain requirements associated with storage.  Rick Allen, with the Georgia Drugs and Narcotics Agency, explained that the amendment would simply make it so that current storage requirements would stay the same.  The amended version of SB 93 was voted on and passed.  Rep. Bobby Franklin (R-Marietta) was the only dissenting vote.

The final Bill on the agenda for the meeting was SB 36, which addresses a system to track medications prescribed.  However, Chairman Golick decided to hold the Bill until the Committee meeting next Monday morning.

Special Joint Committee on Georgia Revenue Structure

Today, the Joint Committee on Tax Structure met under the leadership of Rep. Mickey Channell (R-Greensboro) and Sen. Bill Heath (R-Bremen).  The goal of the Committee and the Tax Council is to attract jobs to Georgia with revenue neutrality. It is likely that a new Substitute will be coming out early next week.

Sen. Heath explained that the Tax Reform Council worked on a proposal to make Georgia a more business friendly state with a tax structure which was fair for all.

It was explained that the forthcoming legislation would not include any references to tax credits.  Rep. Channell explained that this Joint Committee was close to consensus on what would be included in the Substitute but at the moment there is no Bill. He stated that this was a "jobs" Bill which was revenue neutral with an integrated approach.  Rep. Channell also stated that legislators had heard from their folks back home.

Rep. Channell went further stating that what would NOT be included in the proposal, based on today's information.  The Joint Committee would NOT be taxing:

• Girl Scout
• Groceries
• Vet services
• Haircuts
• Legal services
• Costco memberships
• Dry cleaning services
• Pedicures
• Prescriptions
• Added taxes on cigarettes

The Joint Committee was also not interested in eliminating exclusions of income for senior citizens.  Also, the Joint Committee would not be eliminating the nonprofit exemptions although they indicated that those would come under review in the interim before next Session.

Income tax rate cuts would be included, moving Georgia's rate to 4.5 percent.  However, Rep. Channell indicated that this rate could be possibly lowered.  Georgia is currently not competitive now.  He noted that many surrounding states do not have an income tax; Alabama, though, has a five percent income tax.

The income tax exemption on 529 plans (college savings) will be kept.

The energy sales tax, when energy is used for manufacturing, will be eliminated.

Rep. Channell explained that with these changes Georgia will broaden its tax base and modernize its tax code.

One of the bigger areas of change will address the telecommunications' taxes, imposing a seven percent across the board for such.

Also, Georgia would tax both new and used automobile sales including person-to-person sales so that all are treated equally.

A sales tax on labor for automotive repairs will also be imposed.

There were a number of questions raised, including some by Rep. Stacey Abrams (D-Atlanta).  One of her questions related to whether there was confidence in the fiscal notes addressing these changes.  While not perhaps 100 percent, Rep. Channell noted that he felt confident that the numbers would work.  Sen. Chip Rogers (R-Woodstock) explained that no plan is perfect. However, they have looked at the overall package and this is the direction that Georgia needs to go.  Rep. Abrams was very concerned that the proposal would be called a "flat tax" when they were lowering certain taxes and applying new taxes to services.

Senate Judiciary Committee

The Senate Judiciary was finally able to meet on Thursday afternoon after several delays.  Rep. Amy Carter (D-Valdosta) presented HB 503.  The Bill proposes to allow that money from the Crime Victims Emergency Fund be allocated to help local governmental agencies fund the rape kits for victims of sexual offenses.  Four separate advocacy groups spoke in favor of the Bill.  Sen. Jesse Stone (R-Waynesboro) asked a question about whether the reallocation of money would be taking funds away from another cause; Rep. Carter said no.  This Fund has an annual total of approximately $24 million; these kits would cost approximately $3 million.  There is a cap of $1,000 per examination included in the Bill (on average the costs are $450).  The passage of this Bill will relieve local governments from this unfunded mandate.  The Bill passed unanimously.

HB 339 was presented by Rep. Andy Welch (R-McDonough) and would establish guidelines for how the judicial authority would be delegated in State government in the event of an extreme state of emergency such as a pandemic (quarantine or vaccination order).  Under current law, the Department of Community Health may appeal an order to the Court of Appeals or Supreme Court or justice thereof.  This streamlines this appeal making it so that the Supreme Court will address these on an expedited basis.  Sen. Mitch Seabaugh (R-Sharpsburg) had several questions about the authority of the Chief Justice as well as the stipulations for establishing a quarantined area.  Rep. Welch was able to answer the questions in a way that satisfied Sen. Seabaugh and the Committee passed the proposal unanimously. 

HB 53 was presented by Chairman Bill Hamrick (R-Carrollton) and would make it so that post certified law enforcement officers would not have to complete the 24 hours of mandatory training to receive a license for working for a private security company.  An amendment was proposed by Mr. Tripp Mitchell which would exempt private detectives from this proposed legislation.  All parties were in agreement that the amendment was an acceptable change.  However, another amendment was proposed which would attach language revising the law within Title 43 that deals with a real estate salespersons disclosure of fees and expenses.  Sen. Seabaugh was concerned about the germaneness of the proposed amendment.  After a long discussion, Chairman Hamrick decided that no vote would be taken on HB 53 and it will be revisited on Monday morning.

The final Bill discussed was HB 272 presented Rep. Tom Weldon (R-Ringgold).  The Bill proposes to delete provisions in Chapter 11 of Title 15 which allow the rehearing of a juvenile case on the order of an associate juvenile court judge.  Several questions were asked by Chairman Hamrick and Legislative Counsel Jill Travis about the legality of limiting an associate juvenile court judge's authority.  Rep. Weldon spoke about the costs that are associated with rehearings and how the appeals process is already available.  The Bill was put to a vote and passed easily.