With tension in the air, Lawmakers returned to the State Capitol to continue discussions pertaining to the Conference Committee's agreements on the FY 2012 Budget and the controversial tax restructuring initiative.  As of yet, no deal has been brokered between the House and Senate on either matter but lengthy breaks occurred during the day with Lawmakers trying to caucus and reach compromises.  Partisan politics in the Senate came to a climax when a Senate Rule by Sen. George Hooks (D-Americus) was proposed.  

The adjournment schedule was amended to shift legislative day 38 from April 1^st to April 11^th.  No other change is made as to when they plan to sine die with that date still slated for April 14.  For some, it will not be too soon.

Floor News

Senate

The first order of business in Thursday’s Senate session was to take up SR 526 proposed by Sen. George Hooks (D-Americus).  This Resolution would change the Senate Rules so that points of personal privilege would move up on the calendar to be heard between unanimous consents and adoption of privileged Resolutions.  A motion to engross was proposed by Sen. Chip Rogers (R-Woodstock), but that motion failed.  SR 526 passed narrowly with a vote of 23 to 19.  Thirteen lawmakers "walked" on the vote essentially. 

Several special guests were recognized including the Clayton State Women’s basketball team and WWE’s Triple H who was in town to promote "Wrestlemania."  The Senate then began a long day of examining Bills.

• HB 40 was presented by Sen. Judson Hill (R-Marietta) and would make it so that any engine coolant or antifreeze sold in Georgia containing more than 10% ethylene glycol would include denatonium benzoate as an aversive agent to render it unpalatable.  Amendment #1 was adopted which merely corrected some language.  The Bill passed easily 43 to four.
• HB 49 was introduced by Sen. Jim Butterworth (R-Cornelia) and changes the name of the State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia.  The Bill passed 52 to one.
• HB 125 was the next piece of legislation to be examined by the Senate.  It was presented by Sen. John Bulloch (R-Ochlocknee) and would alter provisions related to the creation of the Georgia Agricultural Exposition Authority.  It would also establish an automatic termination provision.  The Bill passed unanimously 52 to zero.
• HB 214 was explained by Sen. Renee Unterman (R-Buford) and would establish a Department of Public Health.  Currently, the public health functions of the State are housed within a "Division" in the Department of Community Health.  This Bill creates a standalone Department with a Board of Public Health and a commissioner of public health.  Additionally, the Bill would create a Hemophilia Advisory Board. There was some discussion about whether this Bill was a sign of expanding State government and if there was additional cost to create a new department.  The Bill passed 46 to seven.
• HB 225 was presented by Sen. John Bulloch (R-Ochlocknee) and proposes to make it a policy of the State to promote sustainable agriculture.  The Bill passed unanimously 51 to zero.
• HB 277 ended up being the most controversial Bill of the day.  It was presented by Sen. John Bulloch (R-Ochlocknee) and would regulate the baiting and hunting of deer and feral hogs.  It would further create certain provisions related to unlawful enticement of game.  Many Senators spoke passionately about the Bill.  Sen. Bill Heath (R-Bremen) was against HB 277 and stated that he thought deer should be hunted naturally without bait.  Sen. Nan Orrock (D-Atlanta) warned of the increased risk of disease as a result of deer baiting and referenced a study done in Michigan.  Both Sen. Tommie Williams (R-Lyons) and Sen. Bill Ligon (R-Brunswick) were in support of the legislation.  In the end, the Bill passed 34 to 17.
• HB 280 was introduced by Sen. David Shafer (R-Duluth) and will permit Emergency Telephone System Fund moneys to be spent on the enhancement of dispatch and response activities and equipment of public safety personnel.  The Bill passed without discussion 49 to zero.
• HB 292 was brought forth by Sen. Tim Golden (R-Valdosta).  The Bill would extend certain contribution rates and credits and would change provisions related to benefit experience.  The Bill passed 50 to one.
• HB 323 was presented by Sen. Jack Murphy (R-Cumming) and would change the time of perfection of a security interest in a motor vehicle from 20 days to 30 days.  The Bill passed unanimously 51 to zero.
• HB 339 was next on the calendar and was presented by Sen. John Crosby (R-Tifton). HB 339 would revise the courts to which a challenge of a quarantine or vaccination order may be brought and would remove the Chief Judge of the Court of Appeals from the definition of authorized judicial officials when a public health emergency exists.  The Bill passed easily 44 to two.
• HB 421 was introduced by Sen. Johnny Grant (R-Milledgeville) and would change the proceedings upon a plea of mental incompetency to stand trial. It permits a bench trial or a special jury trial for such proceedings. The Bill passed unanimously 49 to zero.

After a recess so that leaders from the Senate and House could meet, SR 544 was brought forth by Sen. Chip Rogers (R-Woodstock).  He unveiled the new adjournment schedule for the rest of the legislative session.  Instead of having day 38 on Friday, April 1^st, it has been moved to Monday, April 11^th.  Days 39 and 40 will remain on Tuesday, April 12^th and Thursday, April 14^th. 

Lt. Gov. Casey Cagle then announced that he had selected the Senators who would be appointed to the Conference Committee for the FY 2012 Budget Bill, HB 78.  Lt. Gov. Cagle selected Sen. Jack Hill (R-Reidsville), Sen. Ross Tolleson (R-Perry), and Sen. Renee Unterman (R-Buford).  These appointments diverge from the norm as it the Conferees are typically the chairman of the Senate Appropriations Committee, the President Pro Tem of the Senate, and the Senate's Majority Leader. 

• HB 503 was the final Bill to be discussed by the Senators on Thursday.  It was presented by Sen. Bill Hamrick (R-Carrollton) and would provide that funds from the Georgia Crime Victims Emergency Fund can be used for funding certain medical examinations involving sexual assault cases.  Currently, local police or county offices pay for these examinations.  The Bill passed unanimously 46 to zero.

During points of personal privilege, Sen. Horacena Tate (D-Atlanta) voiced her disapproval of a rule violation that did not get addressed.  She stated that a Bill she had seen fail in one of her Committees had resurfaced outside the proper channels.  She discouraged all the Senators from conducting this sort of activity. 

Sen. Nan Orrock (D-Atlanta) announced that passes to visit Zoo Atlanta are available to check out at local libraries for all those interested persons. 

Sen. Valencia Seay (D-Riverdale) informed her colleagues that the National Championship winning quarterback from Auburn University, Cam Newton, would be in the Senate on Friday.

House

The 37^th Legislative Day was a long one in the House of Representatives, with two recesses.  Rep. Rick Crawford (R-Cedartown) introduced the Chaplain of the Day Blake Dodd, a 17-year-old Senior at Cedartown High School who plans to attend Shorter University in the fall. 

Speaker David Ralston (R-Blue Ridge) introduced Stephanie McMahon and Pro-Wrestler "Triple H" of the WWE, who were in Atlanta for Wrestlemania this weekend.  Triple H lightened the mood of the legislative day by offering to "lay a smackdown" on Speaker Ralston, as well as the Senators across the hall.

Rep. Penny Houston (R-Nashville) recognized the 50^th Anniversary of the Georgia Boy's Ranch, which began in 1961 with six young men. Now known as the Georgia Sherriff's Youth Homes, the program has grown to seven locations in Georgia and has served thousands of children.

Rep. Kathy Ashe (D-Atlanta) welcomed the Polish Ambassador to the United States, Robert Kupiecki.

The Doctor of the Day was Dr. May Morgan, who currently serves as the Medical Director of St. Joseph's Mercy Care.

HR 759 - Rep. Josh Clark (R-Buford) led the House in a moment of silence honoring United States Army Ranger Sergeant Jonathan Peney, who was mortally wounded on his fourth deployment to Afghanistan in June. Sergeant Peney's mother, Sue Peney, accepted HR 759 honoring her son's life and service. Sergeant Peney was posthumously awarded the Bronze Star Medal, Purple Heart, and Meritorious Service Medal; he was shot and killed while giving medical aid to another soldier.

SB 54 - Rep. Carl Rogers (R-Gainesville) brought forward SB 54, which changes the definition of "on-premise" or "on-property" signs relating to State Highways. Since Crossover Day, SB 54 was amended to add weight limitations for vehicles and loads, as well as authorizing multi-trip permits for a 10-day period. SB 54 passed as amended 157 to 14.

SB 121 - Rep. Jay Powell (R-Camilla) presented SB 121 which established per-diem reimbursements for the Department of Natural Resources as well as allows the DNR to refund overpayments directly. SB 121 passed 146 to seven.

HR 424 - Rep. Jay Neal (R-LaFayette) introduced HR 424 which urges a "feasibility" study of withdrawing water from four creeks in the northwest corner of the state that feed into the Tennessee River over 5 counties. HR 424 passed 162 to 0.

SB 240 - Rep. Barbara Sims (R-Augusta) presented SB 240 creating a new class of "personal transportation vehicles" which includes golf carts. An amendment was presented to be sure to exclude "all-terrain vehicles" from the classification. SB 240 passed as amended 159 to four.

SB 94 - Rep. Tom Weldon (R-Ringgold) brought forth SB 94, which has become a vehicle for the Runaway Youth Protection Act. The Bill seeks to provide a safe haven for runaway youth before they can be placed with parents, guardians, or with the Division of Family and Children's Services.  It still contains a requirement that a "haven" which takes this youth must contact the parent/guardian as soon as possible and if no parent/guardian then the Division of Family and Children's Services within 72 hours of the youth receiving services.  Many hours of hearings were held on this Bill before it reached the Floor.  However, SB 94 passed handily with a vote of 160 to six.

SB 157 - Rep. Alan Powell (R-Hartwell) introduced SB 157 which makes reporting local solid waste optional. When the mandatory reports were created twenty years ago, there was a need for them; however local departments and systems have become much more responsible and efficient in their waste management practices. SB 157 passed 161 to four.

HB 552 - Rep. Tommie Benton (R-Jefferson) brought forth this proposal which makes magistrate judge elections in Jackson County nonpartisan. HB 552 passed 149 to 11.

HB 610 – Rep. Butch Parrish (R-Swainsboro) brought forth this Bill which makes probate court judge elections in Emanuel County nonpartisan. HB 610 passed 145 to 13.

HB 599 – Rep. Penny Houston (R-Nashville) brought forth this Bill which makes probate court judge elections in Cook County nonpartisan. HB 599 passed 148 to 13.

HB 586 – Rep. Pam Stephenson (D-Atlanta) explained this Bill which makes Chief Magistrate elections in Rockdale County nonpartisan. HB 586 passed 144 to 16.

SB 36 – Rep. Tom Weldon (R-Ringgold) presented SB 36 which creates a computer prescription database for Schedule II, III, IV, and V drugs. This legislation came about after multiple incidences of "pill mills" and "doctor shopping" by individuals who are selling and/or abusing prescription medications. This electronic database will be accessible by pharmacists, doctors and law enforcement when needed on a specific basis.  Rep. Tim Bearden (R-Villa Rica) asked why Schedule III, IV, and V drugs are kept in the database, which Rep. Weldon replied is because they are already having data submitted to the Georgia Drugs and Narcotics Agency.  The information gathered currently, however, is not kept in a patient database like the legislation proposes. Rep. Katie Dempsey (R-Rome) spoke in favor of the Bill, as it would alleviate many problems the Rome community has been dealing with.

Rep. Ed Setzler (R-Acworth) spoke in favor of SB 36, because although it is "dangerous" to put such information into the governments' hands, the Bill does a good job of shackling the database's accessibility to only pharmacists, physicians, and law enforcement with a court warrant and not just as "big brother." Rep. Christian Coomer (R-Cartersville) spoke against the proposal, saying it was an expansion of government with innumerable privacy and safety concerns.  Rep. Weldon informed Lawmakers that there will be no access to this database by other states or the federal government; it is strictly a database for Georgia physicians, pharmacists, and law enforcement. SB 36 passed 117 to 45.

HB 214 – The House approved the Senate Substitute to HB 214 creating the Public Health Department and the Hemophilia Advisory Board with a vote of 142 to 18.

The House took a recess and later reconvened to pass a new adjournment resolution, HR 791.  The House Resolution mirrored the adjournment proposed in the Senate.

New Legislation

HB 633 – Rep. Mary Margaret Oliver (D-Decatur) authored this initiative in Article 1 of Chapter 7 of Title 19 and which further amends Chapter 11 of Title 15 and Chapter 5 of Title 49.  The Bill would establish a statewide reporting system for child abuse and suspected child abuse.  This system would have a toll-free telephone number and an internet-based reporting system which would be made available 24-hours per day.  It would accept anonymous reports.  It further would not be utilized for the mandatory child abuse reporting as is currently required in O.C.G.A. § 19-7-5.  The Department would be required to report any such report made on the statewide system and notify the appropriate law enforcement agency or prosecuting attorney.  Further, the Bill proposes to provide a protection from civil liability for persons who make a report to the statewide reporting system or who participates in a judicial proceeding resulting from such a report – as long as the participating is in compliance with O.C.G.A. §19-7-7 and is made in good faith.  The Bill inserts some language pertaining to disclosure of this information to the public and when such information remains confidential. 

HB 634 – Rep. Donna Sheldon (R-Dacula) proposed this Bill amending O.C.G.A. § 48-5-24 to change the provisions relating to the population brackets and the census regarding interest on unpaid ad valorem taxes in each county in Georgia which has a population of 800,000 or more according to the United States decennial census of 2000 or future census.  This raises the 800,000 population number to 900,000 and changes the census year to 2010.

HB 637 – Rep. Bill Hembree (R-Winston) has proposed this initiative amending O.C.G.A. § 34-9-264(b) to revise the evaluation of occupational hearing loss and its calculation under Georgia's workers' compensation laws.

HR 761 – Rep. Doug Collins (R-Gainesville) proposed this Resolution to amend the Constitution of Georgia so as to allow for a county school district in which one or more independent school districts are located to authorize, impose, levy, collect, and distribute a sales and use tax for educational purposes without the participation of all the independent school districts located in the county.

HR 787 – Rep. Kathy Ashe (D-Atlanta) offered this commendation Resolution to recognize the 25^th anniversary of the Georgia Justice Project.  This organization works to ensure justice for the indigent who are criminally accused and help them establish crime-free lives and become productive citizens.

HR 792 – Rep. Chuck Sims (R-Ambrose) introduced this Resolution to create the House Study Committee on the National Popular Vote Initiative, which would guarantee the Presidency to the presidential candidate who receives the most popular votes in all 50 states.  This National Popular Vote Initiative has passed 31 legislative chambers in 21 jurisdictions around the country and has been endorsed by 2,003 state legislators.  This Study Committee would be composed of five members of the House of Representatives who would be appointed by the Speaker of the House of Representatives.  The Study Committee would make any report of its findings and recommendations on or before December 31, 2011.

HR 808 – Rep. Sharon Beasley-Teague (D-Red Oak) authored this Resolution proposing a Constitutional Amendment to create the Gambling Addiction Trust Fund for the prevention and treatment of alcohol abuse. (Note: the money does not go towards prevention and treatment of gambling addiction.)  It would be administered by the Department of Revenue and the fund would be comprised of moneys from excise taxes on pari-mutuel betting and gaming activities.  It would require voter approval if passed by the General Assembly.

HR 809 – Rep. Sharon Beasley-Teague (D-Red Oak) also authored this Resolution which provides for another Constitutional Amendment.  This one would create the Alcohol Abuse Trust Fund to provide for nonlapsing of funds therein.  This fund's proceeds would further provide for the prevention and treatment of alcohol abuse and be overseen by the Department of Revenue.  The fund would receive moneys from the excise taxes on the sales of alcohol.  Again, if passed, this amendment would need to be approved by the voters.

SR 526 – Sen. George Hooks (D-Americus) introduced this initiative to amend the Rules of the Senate.  The Resolution would move points of personal privilege from last on the Senate agenda to a position in between unanimous consents and adoption of privileged Resolutions.

Committee Meetings

Thursday

Senate Rules Committee

The Senate Rules Committee convened around 5:30 p.m. after the Senate session had concluded.  The only matter to discuss was SR 526 which had been submitted by Sen. George Hooks (D-Americus).  Many Senators not on the Rules Committee were in attendance to observe the proceedings. This meeting took place after a three-hour Republican Caucus meeting had transpired with Lt. Governor Cagle and Secretary of the Senate Bob Ewing running in and out of the meeting when requested. 

Chairman Don Balfour (R-Snellville) opened the meeting by inviting Sen. Hooks to have a seat before the Committee.  Sen. Hooks, the longest serving Senator at present in the Senate, then explained his proposed rule change.  On the Senate calendar of events that take place over the course of a day, the time known as points of personal privilege is the final activity.  Sen. Hooks proposed that it be moved up to a position in between unanimous consents and adoption of privilege Resolutions.   There were a couple of things behind this Resolution.  In reality, it would permit the Senate to vote on a new President Pro Tem.  However, the actual language of the Resolution only proposed to allow Senators to vent concerns before the passage of legislation.  Sen. Hooks pled his case with the Rules Committee members by saying that he was the least partisan member of the Senate and that the rule change was necessary to allow all Senators an opportunity to speak out at an appropriate time. Further, Sen. Hooks stated that the rule had been changed recently and simply needed to be returned to its original slot on the Senate calendar.  Sen. Jeff Mullis (R-Chickamauga) commended Sen. Hooks on his service as the Dean of the Senate. 

Sen. Balfour then asked for a motion and Sen. Chip Rogers (R-Woodstock) proposed a motion to "do not pass."  Sen. Steve Henson (D-Tucker) then motioned to have SR 526 tabled.  Chairman Balfour at first did not recognize Sen. Henson and this caused some tension.  Chairman Balfour explained to everyone in attendance that a motion to table would in effect pass the Resolution.  He then suggested to Sen. Henson that he should proceed "like a man" and motion for a "do pass" recommendation as opposed to a motion to table.  Sen. Henson chose to motion to table despite the challenge from Chairman Balfour.  The motion to table, though, failed with a vote of 14 to three.  All Republicans voted against the motion and all Democrats voted in favor of the proposed change.  Sen. Rogers then reasserted his motion to "do not pass" and it was successful with an identical outcome in the vote.  SR 526 therefore failed and the Senate rule will not be changed.

Friday

Senate Finance Committee

The Senate Finance Committee convened on Friday morning to discuss four Bills. Sen. Bill Heath (R-Bremen) apologized to all involved about the delay for starting the meeting and noted that there would be an additional Committee meeting before it was too late to push legislation through this year.

HB 228 was originally authored by Rep. Rick Austin (R-Demorest) but was presented by Rep. David Knight (R-Griffin) in his absence.  The Bill proposes to remove language concerning a sunset provision related to the State Revenue Commissioner's authority to distribute unidentified sales and use tax proceeds to local governments.  Representatives from ACCG and GMA were supportive of this Bill.  Sen. Hardie Davis (D-Gracewood) questioned why the money would not go into the General Fund, and the legislation then sailed out of Committee easily.

HB 117 was the next Bill up for discussion.  Sen. Tommie Williams (R-Lyons) presented the Bill which would clarify that the person listed on the closing statement is in fact the seller involved and would be subject to the withholding and documentation requirements.  This underlying portion of the Bill was brought by Rep. Rick Crawford (D-Cedartown). In a late arriving amendment, which forced a Committee Substitute, the Committee was asked to consider a proposal brought by the Georgia Health Care Association (e.g. the nursing homes) to treat providers under the SOURCE program like the nursing homes and hospitals by capturing a "tax" on those providers so that those moneys could then be used to draw down additional federal funding. The money would then be deposited into the Indigent Care Trust Fund for distribution.  There was a question raised by Sen. Davis about whether it was really about Medicaid or Medicare.  HB 117 passed with Sen. Mitch Seabaugh voting no on the proposal.

HB 133 was authored by Rep. Ellis Back (R-Valdosta) and would change provisions related to refunding de minimis overpayments.  "If the amount deducted, withheld, or prepaid and credited to a taxpayer against the taxpayer's income tax liability for a taxable year exceeds such income tax liability by $1.00 or less, such amount shall not be refunded unless the taxpayer requests a refund of such overpayment amount on the income tax return of the taxpayer."  The Bill further states that, "if a taxpayer's income tax liability for a taxable year exceeds the amount deducted, withheld, or prepaid and credited to the taxpayer against such liability for the taxable year by $1.00 or less, then the amount of such insufficiency on the return shall be waived, the taxpayer shall not be liable for that insufficiency, and no income tax shall be due and payable from the taxpayer for that taxable year."  After a limited amount of discussion by Sen. Hardie Davis (D-Gracewood) and Chairman Bill Heath (R-Bremen) the Bill was passed easily with only one dissenting vote coming from Sen. Mitch Seabaugh (R-Sharpsburg).

The final Bill to be examined by the Senate Finance Committee was HB 346 presented by Rep. David Knight (R-Griffin). HB 346 would change the definition of taxable nonresident for income tax purposes by inserting language about deferred compensation received from a nonqualified deferred compensation plan.  Rep. Knight pointed out that the Attorney General had recommended the clarification.  Sen. Tommie Williams (R-Lyons) offered an amendment which would make it easier for individuals to attain conservation easements so that the State would be able to acquire land without having to buy it.  He stated that the amendment would keep property on the tax rolls and encourage people to get federal deductions.  Sen. Williams' amendment was adopted, and the Bill passed as amended by Committee substitute unanimously.