Gold Dome Report for March 29, 2011
The Istanbul Center sponsored Turkish-American Day at the Georgia Capitol today. There was a chance to explore another culture, including food and music!
Floor News
Senate
The Senate came to order on Tuesday morning just after 10:00 a.m. and Sen. Don Balfour (R-Snellville) acknowledged that the journal had been read and found to be correct.
Lt. Gov. Casey Cagle recognized Waffle House CEO Joe Rogers who was on the Senate floor. Sen. Jeff Mullis (R-Chickamauga) introduced the Chaplain of the Day, Pastor James Chant of the Covenant Life Worship Center.
Several Senators collaborated on SR 264 which commended Delta Airlines on its 70th year anniversary as Atlanta’s hometown airline.
The Doctor of the Day was Janice W. Johnston M.D. A group of prominent Turkish individuals were recognized for their work promoting friendship and business between Turkey and the State of Georgia.
The Senate then shifted their focus back towards dealing with pending legislation:
- Sen. Renee Unterman (R-Buford) presented HB 99, which would require fingerprint record checks for applicants for licensure as a licensed practical nurse. She briefly summarized the Bill and did not receive a single question from the Senators. The Bill was voted on and passed clean 52 to zero.
- The second Bill up for debate was HB 143 presented by Sen. Bill Hamrick (R-Carrollton). He simplified the Bill by stating that it merely corrected some small errors and omissions related to elections. Sen. Steve Thompson (D-Marietta) asked a question about whether HB 143 would be used as a vehicle for other purposes. Sen. Hamrick gave his assurance that it would not. The Bill passed unanimously 52 to zero.
- The most controversial Bill of the day was HB 199 presented by Sen. Ed Harbison (D-Columbus). He explained that the Bill was designed to move the dangerous drug marketed as "bath salts" to the Schedule I controlled substances list in Title 16. Sen. Buddy Carter (R-Savannah) proposed amendment #1 to add language from SB 93 (the annual dangerous drug update) to HB 199. Sen. Thompson asked a question about whether the amendment would send the Bill back to Senate Rules. Due to the length of the amendment, the answer was yes. Sen. Steve Henson (D-Tucker) inquired whether the amendment was offered in response to duplicate Bills and he suggested that this was a “turf issue.” Sen. Jason Carter (D-Atlanta) assured the other Senators that he simply felt it was extremely important to have the annual drug update passed. Amendment #1 was adopted. Lt. Gov. Cagle then announced that action on HB 199 would be suspended until it returned from Senate Rules.
- HB 200 was presented by Sen. Renee Unterman (R-Buford) and would discourage trafficking of persons for labor or sexual servitude and provide greater protections to persons subject to such crimes. After her summarization of the Bill, Sen. Unterman spoke passionately about taking steps to prevent the further escalation of human trafficking in the State. HB 200 passed unanimously 54 to zero.
- Next on the agenda was HB 290 originally authored by Rep. Mike Cheokas (R-Americus). The Bill was presented as a way to correct an oversight in provisions protecting against fraudulent use of State purchasing cards as discovered and recommended by the House Committee on Information and Audits. Further, it proposed to apply such fraud protection provisions to all State entities. Without much discussion, the Bill passed unanimously 50 to zero.
- The last piece of legislation discussed in the Senate on Tuesday was HR 95. The Resolution was authored by Rep. Jay Neal (R-LaFayette) and would authorize the conveyance of certain State-owned real property located in Appling, Burke, Toombs, and Upson counties. Amendment #1 was proposed by Sen. Ronnie Chance (R-Tyrone) and was adopted without any issues. HR 95 passed 53 to zero.
More special guests were introduced to the Senate. Folks from the Atlanta Falcons were present including the team's owner Arthur Blank; General Manager Thomas Dimitroff; Head Coach Mike Smith; and President Rich McKay. Each was commended for their work with the team over the past several seasons.
During points of personal privilege, Sen. Steve Thompson (D-Marietta) addressed the Senate with a message about following the Senate Rules. He argued that too many violations have occurred without any consequences. As a result, he proposed SR 498 to make some changes to operational procedures within the Senate Rules.
Finally, before adjourning the Session for the day, Sen. Bill Heath (R-Bremen) went to the Well and gave the Senators an update on the Joint Tax Structure Committee's meetings that have been taking place over the course of the past few days.
House
Rep. Alisha Morgan (D-Austell) remarked that Tuesday was Young Professionals Day at the Capitol, and recognized a group from Metro Atlanta in the Gallery.
Former Representatives Georganna Sinkfield and Randal Mangham visited the House today and were recognized. Tuesday was also Rep. Stephen Allison's (R-Blairsville) birthday.
Proposals considered by the House included:
SR 30 – Rep. Mark Hamilton (R-Cumming) brought forward this Resolution which urges the Department of Transportation to prepare a list of contractors to be utilized in the event of a weather emergency. The need for this list was most recently exhibited by the winter storms of January 2011. SR 30 passed with a vote of 149 to 20.
SR 103 – Rep. Gerald Greene (R-Cuthbert) presented this Resolution granting nonexclusive easements of operations for public property facilities and utilities in ten counties across the State. SR 103 passed easily with a vote of 167 to one.
SR 312 – Rep. Ron Stephens (R-Savannah) introduced this Resolution which endorses efforts to deepen the ports of Savannah and Charleston, SC. Rep. Penny Houston (R- Nashville) raised the question of whether or not this endeavor will bring resources back to Georgia, and Rep. Stephens answered that this was indeed true. SR 312 passed 163 to three.
SR 200 – Rep. Andy Welch (R-McDonough) presented this resolution seeking to make the elections for Henry County Probate Court non-partisan. SR 200 passed 155 to nine.
SB 17, the proposal by Sen. Tim Golden (R-Valdosta), which would create a Special Advisory Committee on Mandated Insurance Benefits, was held and not considered. This proposal is modeled on a Virginia law which also looks at health insurance mandates.
New Legislation
HB 621 – Rep. David Knight (R-Griffin) introduced this amendment to Article 2 of Chapter 7 of Title 48 which would provide income tax credits with respect to qualified reforestation expenses. This credit would be an amount which would not exceed the actual amount expended or $25,000.00, whichever is less.
HB 625 – Rep. Mark Hatfield (R-Waycross) proposed this Bill seeking to amend Chapter 17 of Title 47. The Bill would establish guidelines for communication officers to receive membership in the Peace Officers' Annuity and Benefit Fund. The Bill would make it so that "any communications officer who becomes a member of this fund between July 1, 2012 and December, 2012, may obtain up to five years of creditable service for prior service as a communications officer."
SB 272 – Sen. Robert Brown (D-Macon) authored this idea which would amend Article 7 of Chapter 3 of Title 12. The proposal would allow the Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority to continue having video lottery terminals for the purposes of funding.
HR 720 – Rep. Matt Dollar (R-Marietta) proposed this piece of Resolution to recognize and commend the Atlanta Falcons football team and invite owner Arthur Blank, General Manager Thomas Dimitroff, and Head Coach Mike Smith to the Capitol.
HR 734 – Rep. Mary Margaret Oliver (D-Decatur) submitted this Resolution to commend Emory University on the occasion of its 175th anniversary.
HR 738 – Rep. Jay Neal (R-LaFayette) introduced this initiative to urge members of the U.S. Congress to take necessary action to propose the Parental Rights Amendment to the U.S. Constitution for ratification.
HR 739 – Rep. Billy Maddox (R-Zebulon) offered this Resolution to support federal recognition of the Lower Muskogee Creek Indian Tribe of Georgia.
Committee Meetings
Senate Rules Committee
The Senate Rules Committee met briefly after the Senate session adjourned. Representatives from the House lined up in an attempt to lobby for their Bills to appear on the Senate Calendar. However, Sen. Don Balfour (R-Snellville) was quick to declare that it was a waste of their time. He suggested that the House Rules Committee’s lack of desire to put Senate Bills on the agenda would prevent them from having their Bills added on the Senate Rules Calendar. As a result, Senators from the Rules Committee chose all of the legislation for Wednesday – not permitting House members to provide any background or input in the process. Senators selected House Bills 66, 78, 189, 199, 261, and 266 for the next Senate Rules Calendar.
Sen. Balfour insinuated that HB 78, the FY 2012 Budget Bill, would take precedent tomorrow.
The final piece of business was to discuss SR 498 by Sen. Steve Thompson (D-Marietta). His Resolution would amend some Senate Rules as mentioned above. The Senate Rules Committee, however, voted unanimously to "do not pass" and the Resolution failed.
Senate Public Safety Committee
Rep. Doug Collins (R-Gainesville) brought forth HB 235, which seeks to allow the Georgia State Patrol to sell their patrol vehicles while they still have value as opposed to when the mileage and wear on the vehicles is very high. This not only will lead to better performance of the vehicles and the functions of the Georgia State Patrol, but it will save money in maintenance and new car costs. Sen. John Albers (R-Roswell) presented three amendments which would allow the State Patrol to utilize the Department of Administrative Services ("DOAS") in making bulk purchases of the patrol cars for efficiency purposes, an amendment which the DOAS supports. The Committee approved the amendments, and voted "do pass" by substitute.
Rep. Mack Jackson (D-Sandersville) presented HB 203 which gives a notification of disciplining or investigation of a peace officer to the head of the law enforcement agency. The Committee also voted "do pass" unanimously on this proposal.
Rep. Tom Rice (R-Norcross) discussed HB 269. He referred to the Bill as the "Annual Department of Driver's Services Clean-Up Bill." HB 269 deletes an inaccurate definition in DUI components, creates a statutory definition for "immediate family" of drivers with learners permits who have parents with disabilities, grants authority to the Commissioner of the Department of Drivers Services to conduct background checks, allows the department to consult with the Post Office as to individuals addresses so as to reduce mail waste, makes texting while driving on a Commercial Drivers License a serious offense, and places provisions on "Honorary Identification Cards." Sen. John Albers (R-Roswell) proposed a "friendly" amendment to add "grandparents" to the definition of members of an immediate family, which was accepted. HB 269 then passed by substitute, and Chairman Johnny Grant (R-Milledgeville) commended Commissioner Dozier on his excellent work.
Senate Education and Youth Committee- Academic Achievement Subcommittee
Rep. Randy Nix (R-LaGrange) presented HB 186 to the Subcommittee, which provides and expands career pathway options to Georgia High School Students by expanding dual enrollment programs with local colleges and universities. Chairman Fran Millar (R-Atlanta) spoke to the Bill's emphasis on "proficiency versus seat time" in the classroom, and how it will establish a benchmark of college readiness. There are currently 16 career clusters outlined in the bill, however the language reads "including, but not limited to" these clusters so that communities and local school boards along with post-secondary institutions may develop programs as they see best fit. Sen. Millar (R-Dunwoody) proposed an amendment to strike the word "certified" on line 165 and in related definitions of a "highly qualified certified teacher," due to the fact that certification requirements differ with charter schools. The amendment passed, and HB 186 passed the Subcommittee unanimously.
Senate Education and Youth Committee
Rep. Rich Golick (R-Smyrna) introduced HB 181 seeking to authorize waiving the one-year evaluation period for medically fragile students to qualify for Individualized Educational Programs (IEP). Local school boards will be able to authorize a waiver of the evaluation periods as they are requested on a case-by-case basis due to medical needs. The Department of Education supports this legislation, as well as some of Rep. Golick's constituents who feel medically fragile children's lives are in peril during that one-year evaluation. The Committee recommended and gave a "do pass" on HB 181.
Rep. Randy Nix (R-LaGrange) presented HB 186 to the full Committee, yet did not go into as much detail as in the subcommittee as nearly all Senators were present for both. Rep. Nix added that 92% of graduates from dual enrollment programs are placed into careers immediately, even in tough economic times; and that 95-98% graduate. HB 186 passed out of the Committee with a "do pass" recommendation.
Rep. Tommy Benton (R-Jefferson) brought forth HB 39 which allows schools to send out unexcused absence notifications to parents via regular mail as opposed to a registered letter. Currently, registered mail is required and the costs incurred for each letter will be reduced from $5 to 44 cents in making this change; thus, this will be a net reduction of $4.66. Sen. Barry Loudermilk (R-Cassville) presented an amendment to HB 39 to require home-schooled students to report to the Department of Education as opposed to their local school boards in their monthly reports. Sen. Donzella James (D-College Park) inquired as to why this change would be implemented, Sen. Loudermilk stated that these reports are burdens on local school systems and at times can be disregarded. These reports will be filed in an online database through the Department of Education; no fiscal note was attached as it will be performed by internal programmers. The Department of Education, local school systems, and home schools are in favor of HB 39 as amended. The Committee then gave a "do pass" to the Bill.
Rep. Josh Clark (R-Buford) presented HB 227 which authorizes teachers and other school administrators to administer an Epi-pen to a child who is having an allergic reaction at school; it further provides these individuals immunity whether they do (or do not) administer the Epi-pen. HB 227 is supported by the Georgia Nurses Association and different organizations. Manufacturers have told Rep. Clark they would be "happy to provide training" for interested individuals, although the types of these products used in schools now have easy to follow directions on the label. The Committee then passed this proposal unanimously out with a favorable recommendation.
Chairman Brooks Coleman (R-Duluth) of the House Education Committee brought forward HB 192, which establishes the State Education Finance Study Commission to re-examine the twenty-five-year-old "Quality Basic Education Act" funding formula. This Commission will gather to put together a model to examine the effectiveness of the QBE beginning in May 2011. The legislation was kept entirely intact, except for the committee structure. The Commission has been reduced to 20 persons, and all will be appointed by the Governor except for Representatives and Senators who will be chosen by the Speaker of the House and the Lieutenant Governor, respectively. The Chairperson of the House Education Committee (Chairman Coleman) and the Chairman of the Senate Education and Youth Committee (Chairman Millar) will serve as co-chairpersons of the Commission. HB 192 was unanimously recommended "do pass."
Special Joint Committee on Georgia's Revenue Structure
This Joint Committee on Tax Reform finalized its initial recommendation Tuesday, and the substitute to H.B. 387 will go to the House floor for an up or down vote, without amendments, on Wednesday March 30. The final version made one change from the Committee's meeting last Thursday, adding a cap of $90 million on the investment tax credit for capital purchases by the telecommunications industry. Majority Leader Larry O'Neal (R-Bonaire) explained that this change was a precautionary measure to be certain the tax balancing/ revenue neutrality attribute of the reform Bill was satisfied. There was a spirited discussion of whether the Bill actually increased taxes on families making between $80,000 and $160,000 because of how the phase-down and elimination of itemized deductions on incomes over certain levels worked. Nonetheless, the Bill passed easily out of the Committee with only two dissenting votes from Democrats Steve Thompson (D-Marietta) and Stacy Abrams (D-Atlanta), who had raised questions about its effects on middle-income taxpayers.
The final Bill cuts the individual income tax to 4.5% and keeps the retirement income exclusion at $35,000. As noted, it phases down itemized deductions by income level. It also imposes a uniform sales tax of 7% on telecommunication services. In terms of effects on nonprofit entities, it removes the sunset dates for the sales tax exemptions for nonprofit entities which enjoyed them as of the date of the legislation, leaving existing exemptions in effect for indefinite periods. Sales tax exemptions that have already sunset were not revived, such as for the food banks, free health clinics, Goodwill and the federally qualified health centers in this version of the Bill. New taxes on services were limited to auto repairs and maintenance and casual sales of automobiles remain in the proposal, but all other taxes on services recommended by the Tax Reform Council were omitted. These changes have the effect of removing risks that many nonprofits felt that they would be subjected to new consumption taxes for services, such as taxes on membership fees.
House Insurance Committee
The House Insurance Committee passed three bills. Senate Bill 203 authorizes a new automated compute system for claims adjustments for property insurance claims. It really applies to cellular phone claims. The Bill was presented by Senator Bethel and passed unanimously.
The Committee also unanimously passed a Substitute to SB 177 relating to state implementation of national health insurance reform. It would create a Health Care Compact. The Substitute included a provision that no federal dollars under federal health reform could be used to pay for abortions, except in cases of risk to the life of the mother and pregnancies relating to incest or rape. Such a provision is already in the federal legislation and there were questions from Representatives Carolyn Hugley (D-Columbus) and Keith Heard (D-Athens) about why the provision was necessary. The Bill passed without any dissenting votes, but two members abstained from voting.
Senate Judiciary Committee
Chaired by Sen. Bill Hamrick (R-Carrollton), the Senate Judiciary Committee met in the afternoon to examine several House Bills.
The first was HB 24 which was originally authored by Rep. Wendell Willard (R-Sandy Springs). This initiative substantially revises, supersedes, and modernizes provisions related to evidence used in court proceedings. Sen. Hamrick stated that many hours of work had been expended on the Bill, and he felt that there was no more discussion on it needed. The Committee voted unanimously in favor of the Bill, and HB 24 now passes to the Senate Rules Committee for its review.
The second Bill discussed in the Committee meeting was HB 149 presented by Rep. Tim Bearden (R-Villa Rica). The Bill would make it so that magistrates would no longer have a set term but instead would serve at the pleasure of the chief magistrate. Sen. Jason Carter (D-Decatur) offered an amendment which would allow an exemption for local governments that already have similar legislation in place. The amendment was adopted, and HB 149 was unanimously given a "due pass" recommendation. This proposal has previously been vigorously opposed by the Council of Magistrate Court Judges because of concerns relating to constitutionality of the proposal.
HB 167 generated the most amount of debate in the Senate Judiciary Committee on Tuesday afternoon. It was presented by Rep. Steve Davis (R-McDonough) and would enact the "Insurance Delivery Enhancement Act of 2011." The most controversial aspects of the Bill revolved around provisions related to prompt payments by third-party plan administrators. A representative from United Healthcare spoke against HB 167 by claiming that they already paid in a prompt fashion. Sen. Josh McKoon (R-Columbus) then asked him why he would not be in favor of a Bill that they already complied with. A representative from the Georgia Chamber of Commerce also spoke against the Bill mostly citing issues with ERISA. Sen. Jason Carter (D-Decatur) voiced concerns about what a court would actually do to enforce the Bill if it became law. Rep. Davis was given an opportunity close debate on the Bill and pled with Senators to keep the Bill moving. In the end, the Committee members voted to move the proposal forward but did not attach any amendments.
Senate Health and Human Services Committee- Healthcare Delivery Subcommittee
Sen. Bill Ligon (R-Brunswick) presided over the meeting with Senators Unterman, Grant, Goggans and Carter also present for the deliberations. A Committee Substitute was presented to HB 470 by Rep. Sharon Cooper (R-Marietta). The underlying proposal addresses O.C.G.A. § 43-26-7 and proposes to revise requirements for preceptorships for nursing board applicants who have graduated from nontraditional nursing education programs such as Excelsior College's program. The issue is really about the clinical training and what is required by a registered nurse and a licensed practical nurse. Rep. Cooper attempted to liken the differences between a pharmacist and a pharmacy technician and a lawyer and a legal secretary. She argued that the nontraditional educational programs do not get these students the requisite practical experience. She noted that she had talked to the current members of the Georgia Board of Nursing which had some of its members favoring the Bill and some who were against the proposal. This legislation essentially began because of legislative changes made in 2008, which related to background checks. Currently, the Georgia Board of Nursing will not permit Excelsior graduates the ability to sit for examinations as they do not have clinical experience. Rep. Cooper argued that some other states' boards require clinical experience. Excelsior graduates are circumventing the problem in part by taking another state's exam and then come to Georgia. Rep. Cooper attempted to address concerns by permitting some nursing applicants who have graduated from these programs by giving them some clinical experience when they have worked in skilled nursing facilities (with more than 60 beds) or if they have worked in long term acute care facilities. There were also different "preceptorships" or clinical requirements for those individuals who have worked as EMTs or medical corpsmen. Georgia also would permit these graduates when they come to Georgia via endorsement and when they have worked full-time in another state and have three years of experience.
Sen. Carter (R-Savannah) inquired about the difference in HB 470 and Sen. Josh McKoon's Bill, SB 187 on this same subject. Sen. McKoon's Bill is not as restrictive as HB 470 and permits the applicant to sit for the examination if he or she has received one year of experience regardless of the actual type.
There were a couple of individuals who testified about the Bill including Linda Herrin, a former Chair of the Georgia Board of Nursing and Barry Cranfield a nurse anesthetist who graduated from Excelsior. Mr. Cranfield opposed Rep. Cooper's Bill.
There was discussion about the type of training hospitals provide nurses once they have been hired.
The Subcommittee also discussed other professions and whether they have codified requirements for licensure. According to the Secretary of State representative present, some of the professions actually outline minimum standards in the Code; the regulations are more specific.
Rep. Cooper also noted that currently there is nothing in Georgia's nursing rules mandating a minimum number of hours for training for specialty areas. Georgia's Board of Nursing does look at all nursing programs and determines whether each can be accredited.
Jud Turner, a former lawyer for Governor Perdue, who now represents Excelsior spoke to the Subcommittee explaining that Excelsior graduates are "cut off" from being permitted to take the examinations. He further argued that Excelsior grads are not competing with traditional nursing school students. He claimed that the health care facility is the issue. He also argued that the requirements for training should not be as broad as proposed in SB 187.
The Subcommittee inquired as to the status of SB 187, which actually now assigned to Rep. Cooper's Committee in the House, the House Health and Human Services Committee.
The Subcommittee also heard that the Georgia Board of Nursing really needs to look at requirements for continuing education and implement mandatory reporting by employers to board when nurses violate rules or have bad outcomes. In the end, the Subcommittee moved on the Substitute Bill as proposed and the motion carried.
Senate Health and Human Services Committee- Pharmacology Subcommittee
Sen. Don Balfour (R-Snellville) presided over the discussions relating to HB 457 by Rep. Ron Stephens (R-Savannah). There is a Senate version to this proposal as well. The underlying Bill would create licensure and regulation by the Georgia Board of Pharmacy of automated medication stations used by nursing homes and hospices. An amendment was made, causing a Substitute to be used at the meeting. That amendment related to drug free work zones and was requested by the Department of Community Affairs. Sen. Balfour also added an amendment to the proposal to address a concern brought to him by PTAs in schools concerning food service programs' definition in Title 26. The Subcommittee accepted his amendment and then passed the Substitute proposal as amended.
House Judiciary Committee
The House Judiciary Committee convened on Tuesday afternoon to discuss a handful of Bills. The first was SB 181 presented by Sen. Charlie Bethel (R-Dalton). The Bill would prohibit the Attorney General from receiving contingent compensation and would change provisions associated with giving the Attorney General authorization to employ private counsel. The Attorney General was in attendance and answered several questions from the Committee members. Most of the discussion revolved around Section 3 of the Bill which would directly affect the forfeiture statute. Rep. Mike Jacobs (R-Atlanta) proposed amendment #1 which completely struck Section 3 from SB 181. He also proposed amendment #2 which took most of HB 64 and added it to the Bill. Amendment #2 would specifically address provisions related to the payment of attorney fees when they exceed $20,000 as opposed to $10,000. Both amendments passed and the SB 181 passed the Committee as amended with Rep. Mark Hatfield (R-Waycross) providing the only dissenting vote.
Sen. Jason Carter (D-Decatur) then presented SB 31 to the Committee. The Bill would extend the attorney-client privilege to third persons in some cases. Both Rep. Mark Hatfield (R-Waycross) and Rep. Tom Weldon (R-Ringgold) asked several questions about how the Bill would affect the role of a parent in a case involving a child. Rep. Weldon proposed an amendment, but his amendment failed. The Bill was then voted on and passed clean.
Sen. David Shafer (R-Duluth) brought forth the next Bill, HB 26. This initiative would make it so that an individual would not have to relinquish their firearms during a state of emergency. Rep. Rick Crawford (R-Cedartown) asked a question about a provision that related to legal fees. Discussion about the Bill moved in the direction of an amendment to remove the language about during a state of emergency. A judge in the audience voiced his disapproval of a potential amendment along those lines by stating that it could cause issues in cases where firearms are taken from an individual who is arrested. Despite the judge's arguments, Rep. Hatfield proposed amendment #1 which removed the state of emergency language. Rep. Mary Margaret Oliver (D-Decatur) adamantly voiced her concerns about the intent of the amendment. With a slim margin, the amendment passed 5-4. The amended Bill then passed with a final tally of 6-3.
The last Bill discussed was SB 172, which was also presented by Sen. Shafer. The Bill would require a home study by an evaluator prior to the placement of a child into the home of adoptive parents by a third party who is neither a stepparent nor a relative. SB 172 was debated at length in the Subcommittee meeting yesterday and many of the same speakers from the public reiterated their concerns. The Committee once again took the time to hear from all parties involved and proposed seven amendments to address issues submitted by adoption lawyers and adoption advocacy groups. Most of the amendments dealt with language clean-up. Rep. Edward Lindsey (R-Atlanta) provided an amendment which carved out a way for the court to waive some cases when a child already lives with someone besides a family member. In the end, the House Judiciary Committee voted unanimously voted to pass SB 172 as amended.
House Education Committee
SB 184 was presented as a Committee Substitute by Sen. Tommie Williams (R-Lyons) addressing the dismissals of school employees. It takes on the dismissing of the most recently hired to be first fired and proposes to take into account performance of the educator as well as the teacher's students' academic performance. Rep. Jan Jones (R-Alpharetta) offered language to be included in the first section of the Bill. There were some questions from the Committee and an amendment was offered by Rep. Edward Lindsey to help clarify the intent. The Bill then passed by Substitute with the amendment. Rep. Jones will carry this Bill in the House.
SB 38 was presented by Sen. Chip Rogers (R-Woodstock) as a Committee Substitute. This Bill addresses the ability of the State School Superintendent to hire and fire his or her staff and what approval is needed by the State Board of Education. It also proposed to address issues that the School Superintendent could add to State Board of Education meeting agenda but that language was eliminated. Finally, it increases the contract authority that the State School Superintendent can have, moving that amount from $50,000 to $250,000. The Bill passed by Substitute as amended. Rep. Steve Davis will now carry the Bill in the House.
HR 497 was presented by Rep. Ann Purcell (R-Rincon) urging local systems to adopt a policy about educating students on the negative effects of tobacco use. This Resolution passed easily without objection.
Sen. Freddie Powell Sims (D-Dawson) presented SB 185 providing for emergency closure of early care facilities in situations involving the death of a child or because of some other emergency situation. Bright from the Start has helped with Bill. Ashley Peacock, with the Department of Early Care and Learning, spoke to the merits of the Bill. It addresses notice requirements to be given to parents when such closures occur as well as the process for the closure. The Department does have a process now regarding investigations but those require the facilities to notify the Department within 24-hours of either the death or the injury. Most of these deaths occur in the family day care homes. This Bill came about because of an incident in Sen. Sims' district in 2009, which was poorly handled.
Please contact Stanley S. Jones, Jr., Helen Sloat, Taylor Janney, or Claire Cantrell at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.