38 days left to go!  After a Georgia Chamber of Commerce-sponsored breakfast of bacon and sausage, Lawmakers returned to the halls of the Capitol to tackle the people's business.  However, the Governor mentioned that perhaps a Special Session would be called – solely to deal with water issues impacting Georgia.  While that may be a good idea and an opportunity to focus solely on this thorny issue, it is also a costly proposition with additional legislative per diems and staff to be paid.

At Eggs and Issues this morning, Governor Perdue also outlined his proposal for education this Session.  The Governor's Bill will "enhance the way Georgia compensates its teachers by adding a performance-based pay option to the existing salary system."  His idea would compensate teachers with salary bonuses based on "classroom observation and student growth, enabling effective teachers to be eligible for much higher salaries much earlier in their careers."  Georgia's present pay system gives teachers salary boosts based on the number of years teachers have spent teaching and whether they have earned any advanced degrees.  Governor Perdue stated that, “we must encourage our best and brightest to enter the teaching profession and must reward effective teachers in order to retain them in Georgia classrooms. Student achievement must be our driving force, and our compensation model must reflect that focus.”  His proposal preserves the current salary structure, but it allows currently employed teachers the ability to opt-in to the new performance pay system once it is implemented in 2014.  Newly hired teachers or those opting to remain in the pay system would not be eligible for any of the automatic supplements for advanced degrees, but will be eligible for higher bonuses based on classroom observations and the degree to which their students have grown academically. Governor Perdue announced that a survey of 20,000 Georgia educators had been conducted with 80 percent stating that they would like to be evaluated on these new components. Thus, the Bill to be introduced enables those teachers currently enrolled in advanced degree programs the ability to complete their studies and remain in the current pay scale.

A schedule has been proposed so that Lawmakers would adjourn this Thursday and not return to the Capitol until January 25.  During that interim, in addition to celebrating the Martin Luther King, Jr. Holiday, Lawmakers would begin to tackle the Budget.  During the week of January 25, they would be in Session until January 28, 2010.  They would then adjourn until February 1, 2010.  Once back in on February 1, 2010, they would work that entire week. 

House 

The House's major action was dealing with the proposed schedule for the next three weeks. 

Senate 

The Senate took on no major work today, closing out their work even before the House adjourned. 

New Legislation 

HB 871 – Rep. Bobby Franklin (R-Marietta) authored this Bill to create the "Freedom from Compulsory Pandemic Act."  The initiative would amend Chapter 12 of Title 31 to longer require that the Department and all county boards of health require persons in their jurisdictions to submit to a vaccination against some type of contagious or infectious disease – rather, these would be voluntary vaccinations. 

HB 872 – Rep. Bobby Franklin (R-Marietta) introduced a repeal of the Governor's power to suspend or limit the sales or transportation of firearms during times of a declared emergency in O.C.G.A. § 38-3-51(d)(8).  His Bill would be known as the "Emergency Defense of the Home Act." 

HB 877 – Rep. Bobby Franklin (R-Marietta) proposed this Bill creating a new Chapter 37 of Title 50 to be known as the "State Authority and Federal Tax Funds Act."  It would create a six-member federal tax fund panel and its duties, powers and responsibilities.  None of these members of this "panel" may be members of the State Bar of Georgia.  This "panel" would determine the percentage of all federal expenditures that are in compliance with the limits placed on the federal government by the states using the most recent data as published by the federal government plus any additional information on other expenditures made but not disclosed by the federal government. No federal expenditures would be "qualified for disbursement" to the appropriate federal recipient from the Federal Tax Fund unless the use of the expenditures was made transparent to the "panel" and to the General Assembly for the purpose of certifying the constitutionality of the expenditures. 

HB 879 – Rep. Bobby Franklin (R-Marietta) also authored this Bill to be cited as the "State Authority and Intrastate Commerce Act," creating a new Chapter 16 of Title 10.  It would provide that any products which are grown, produced, or manufactured and located in Georgia would not be subject to federal law or regulations (when such is produced commercially or privately in Georgia and remains within the borders of Georgia). 

HB 883 – Rep. Kevin Levitas (D-Atlanta) authored this initiative to be cited as the "Sanitary Activity for Food-Processing Enterprises (SAFE) Act" in O.C.G.A. § 26-2-27.1.  It requires that food processing plants must maintain for inspection by the Commissioner of Agriculture or his or her designee the written food safety plan required; failure to do so will be punishable by a fin of a civil penalty.  Additional penalties are added when a facility (food processing plant) knowing violates the law (introducing into commerce a product that has become adulterated); such violations would be felony acts punishable by not less than one nor more than 20 years in prison and a fine not to exceed $20,000.00. 

HB 884 – Rep. Kevin Levitas (D-Atlanta) introduced a change to O.C.G.A. § 16-6-4(c) relating to the definition of 'aggravated child molestation" to add that such an act could also include when such was committed with force (in addition to when it may physically injure a child or involves an act of sodomy). 

HB 885 – Rep. Kevin Levitas (D-Atlanta) proposed changes to Chapter 10 of Title 15 relating to civil proceedings before magistrate courts under Georgia's Civil Practice Act.  It proposes specifically at O.C.G.A. § 15-10-42: 

Except as provided in Code Sections 15-10-43 and 15-10-50, proceedings in the magistrate court shall not be subject to Chapter 11 of Title 9, the "Georgia Civil Practice Act" but such proceedings may be subject to such Act if application of such Act will achieve substantial justice between the parties according to the rules of substantive law and will serve the interests of justice. 

HB 887 – Rep. Kevin Levitas (D-Atlanta) also authored this Bill amending O.C.G.A. § 34-1-4 amending provisions relating to an employer's immunity for disclosing job performance information.  It defines the terms "background check," "job performance," "owner," "prospective employer," and "prospective employee." It adds in (b) that "any employer that, upon request by a prospective employer or a current or former employee, provides accurate information about a current or former employee's job performance or reasons for separation shall be immune from civil liability and other consequences of such disclosure provided such employer is not acting in bad faith.  An employer shall be considered to be acting in bad faith only if it can be shown by a preponderance of the evidence that the information disclosed was knowingly false and deliberately misleading."  At (c), it adds that the prospective employer who has reasonably relied on information pertaining to an employee's job performance or reasons for separation disclosed by a current or former employer will be immune from civil liability, including liability for "negligent hiring, negligent retention, and other causes of action related to the hiring of such employee, based upon such reasonable reliance, unless further investigation, including but not limited to a criminal background check is required by law."  That immunity would continue unless other information or investigation is made and brings forward more information. 

HB 890 – Rep. Mary Margaret Oliver (D-Decatur) proposed lowering current maximum allowable contributions to campaign candidates in O.C.G.A. § 21-5-41 (for example, rather than five thousand dollars be permitted for a primary election or a special primary election, only  two thousand would be permitted from any one entity). Her Bill also proposes that no person, corporation, political committee or political party be permitted to make contributions to any State or local political party in excess of $5,000.00 any given calendar year. 

HB 891 – Rep. Mary Margaret Oliver (D-Decatur) also authored this Bill adding a new Code Section at O.C.G.A. § 21-5-77 concerning gifts from lobbyists to public officials.  The term "gift" is defined as: 

Anything of value including, but not limited to, food, beverages, lodging, travel, transportation, personal services, gratuities, subscriptions, memberships, trips, loans, extensions of credit, forgiveness of debts, or advances or deposits of money. The term shall not include a bona fide loan made by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid and such loan is based on the creditworthiness of the borrower and the borrower is personally liable for the repayment of the loan. The term shall not include those items identified in division (1)(E)(vii) of Code Section 21-5-70. For purposes of this subsection, reimbursement or payment of actual and reasonable expenses for food, beverages, travel, transportation, lodging, and registration for a meeting which is provided to a public officer or employee to permit such public officer's or public employee's participation in a panel or speaking engagement at the meeting shall not be considered a gift. Each gift shall be valued per occurrence. Where a gift is reported as an apportioned share or fraction of a total, such as for group lodging or a group meal, then that apportionment shall be noted on the report for that gift. 

It also would limit any gift to a public officer or employee or to any person on such public officer's or public employee's staff or to the public officer's or public employee's family to $25 or less.  If the gift is accepted it must be either returned or reimbursed to the donor.  It also lowers the amount of expenditures to public to public employees from $250 to $25 for those persons who must register with the State Ethics Commission and make disclosure reports. 

HB 892 – Rep. Mary Margaret Oliver (D-Decatur) proposed additional Ethics Reforms in Title 21.  This Bill creates a voluntary taxpayer fund to financially assist certain judicial campaigns and candidates who demonstrate qualifying public support and who accept fund-raising and spending limitations concomitant with the acceptance of such funds.  

HB 893 – Rep. Mary Margaret Oliver (D-Decatur) also authored this Bill amending Title 45 concerning what is considered "ethical conduct" and "conflicts of interest."  It clarifies that "public officials" and "employees" are subject to the requirements of O.C.G.A. § 45-10-3 (not members of boards, commissions and authorities created by general statute); it defines "public official" and "employee" as the same definition as found in O.C.G.A. § 45-10-20.  It further adds at (10) of that paragraph that public officials and employees cannot "threaten the use of state resources for personal purposes of coercion, retaliation, or punishment" and they cannot "engage in sexual harassment of another individual."  The State Ethics Commission is proposed to have jurisdiction to hear matters relating to violations of the code of ethics and conflicts of interests. 

HB 897 – Rep. Doug Collins (R-Gainesville) authored this Bill relating to sexual assault against persons in custody.  It defines in O.C.G.A. § 16-6-5.1 "educational institution" as an elementary or secondary school.  It strips out current law in subparagraphs (b), (c), and (d) and adds new language regarding a person with "supervisory or disciplinary authority" over another individual and when that person is considered as committing a crime of sexual assault.  It includes an "employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital." The Bill also outlines new penalties for these crimes. 

HB 902 – Rep. Mark Burkhalter (R-Johns Creek) introduced this new Chapter 77 of Title 36 creating the "Convention and Tourism Special District Act of 2010."  O.C.G.A. § 36-77-3 would read as follows: 

(a) Under the authority of Article IX, Section II, Paragraph VI(a) of the Constitution there is created one or more convention and tourism special districts for the provision of local government services within each area of the state within which there can be drawn a boundary defining a territory of 4 square miles or less which contains: (1) At least 1.3 million square feet of floor space used for convention hall purposes; and (2) Two or more tourist attractions.

(b)(1) If a special district created by this Code section is located entirely within a single municipal corporation, it shall be a special district for that municipal corporation. If a special district created by this Code section is located entirely within the unincorporated area of a single county, it shall be a special district for that county. (2) If an area which would otherwise constitute a single special district is not located entirely within a single jurisdiction as described in paragraph (1) of this subsection, it shall be divided into two or more special subdistricts, such that each portion located within an unincorporated area shall be a special district for that county and each portion located within a municipal corporation shall be a special district for that municipal corporation. 

It would permit the local government, for which a special district is created, the ability to levy, within that special district, a special sales and use tax with the proceeds of the tax, which would be administered and collected in the same manner as other State sales and use taxes for the exclusively use of enhancing public safety services for that special district.  The Bill amends O.C.G.A. § 35-77-8 so that offenses of aggravated assault with a firearm and aggravated battery within a special district would be subject to "heightened sentencing" guidelines under O.C.G.A. § 16-5-21(1) and O.C.G.A. § 16-5-24(j) (convictions would be imprisonment of not less than five nor more than 20 years).  Such a special convention and tourism district would constitute a "drug-free commercial zone." 

HB 904 – Rep. Tom Dickson (R-Cohutta) authored this initiative concerning the "Quality Basic Education Act" providing a distribution method for equalization grants to school systems in the event that appropriations are insufficient to fully fund those grants.  This method of distribution would apply only through July 1, 2013.  It establishes in O.C.G.A. § 20-2-165 ranking "percentiles" for school systems for this method of allocation. 

HB 905 – Rep. Tom Dickson (R-Cohutta) introduced this Bill embedding and extending the sunset date of June 30, 2015 for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants in the "Quality Basic Education Act." 

HB 906 – Rep. Jay Neal (R-LaFayette) authored this Bill amending O.C.G.A. § 20-2-211 extending certain deadlines relating to annual contracts for certificated personnel in elementary and secondary schools for further flexibility for school systems. It would provide this extension to May 15 of the current school year (for school years 2010-2011; 2011-2012; and 2012-2013). 

HB 908 – Rep. David Casas (R-Lilburn) proposed this initiative amending the "Quality Basic Education Act" to temporarily suspend requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules to permit local boards of education more flexibility to achieve their budgets.  This proposal adds a new Code Section at O.C.G.A. § 20-2-245 and such "flexibility" would be repealed on July 1, 2013. 

HB 912 – Rep. Bobby Franklin (R-Marietta) authored a new Code Section at O.C.G.A. § 28-7-6 to provide that no person employed by or under contract with the executive or judicial branch of Georgia, any political subdivision of the State or any agency or authority of this State ("public lobbyist") will be permitted to address any committee or subcommittee of the General Assembly. 

HB 913 – Rep. Rusty Kidd (I-Milledgeville) authored changes to Chapter 2 of Title 21 in an effort to permit nonpartisan elections of sheriffs.  

HB 914 – Rep. Rusty Kidd (I-Milledgeville) introduced a change to O.C.G.A. § 40-2-9 to require that all license plates contain a space for and carry a county name decal, including any distinctive or prestige car tag. 

HB 915 – Rep. Rusty Kidd (I-Milledgeville) also authored this Bill changing the definition of "taxable nonresident" in O.C.G.A. § 48-7-1(11) when computing income taxes.  It would add at (ii) that: 

Every individual who is not otherwise a resident of this state for income tax purposes and who regularly or casually or intermittently engages within this state, by himself or herself, in professional sports, performing arts, or entertainment for financial gain or profit.  "Taxable nonresident" does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services as a sports professional, performing artist, or entertainer in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of five percent of the income received by the person for performing services as a sports professional, performing artist, or entertainer in all places during any taxable year or $5,000.00. 

This change would apply to all tax years beginning on or after January 1, 2010 if enacted. 

HB 917 – Rep. Mike Jacobs (R-Atlanta) offered amendments to Chapter 10 of Title 24, the "Uniform Interstate Depositions and Discovery Act."  This Bill would create a new Article 6 and repeal the current "Uniform Foreign Depositions Act."  It defines "foreign jurisdiction" and "foreign subpoena" in O.C.G.A. § 24-10-111.  It outlines what to do to request a subpoena in O.C.G.A. § 24-10-112, requiring that the party wishing to obtain a subpoena must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this State. 

HB 918 – Rep. Rusty Kidd (I-Milledgeville) proposed this Bill amending Georgia's Tax Code to offer another idea on helping the current State Budget woes.  This proposal would allow for a temporary tax increase in the rate of Georgia's sales and use taxation (to six percent) for a time until the Governor certifies that other State revenues have reached a certain level (it would end 90 days after the end of the State's fiscal year when the Governor would issue his or her certification that State revenues are equal to or greater than the State revenues for the fiscal year ending June 30, 2006). 

HB 919 – Rep. Rusty Kidd (I-Milledgeville) proposed amendments to the State Ethics Laws by providing that lobbyist expenditure for the benefit of elected State officials and members of the General Assembly not be subject to lobbyist reporting; rather, he proposes that elected State officials and members of the General Assembly be required to report lobbyist expenditures for their benefit. This change would be added at O.C.G.A. § 21-5-73.1. 

HB 920 – Rep. Wendell Willard (R-Atlanta) offered this Ethics Law change in Chapter 5 of Title 21.  Some of its provisions include: 

• Strikes out the $101 or more provision in the current law on what is considered as a "gift" to a public officer or a member of the family of the public officer or a loan of property or services
• It limits the transfer of contributions by public officers to $10,000.00 per election cycle to any national, state, or local committee of any political party, to any political action committee, or to any candidate and when such transfers are prohibited
• It repeals in its entirety O.C.G.A. § 21-5-41(k)
• Amends the current post-employment restrictions on public officers (serving as lobbyists) in O.C.G.A. § 21-5-75, adding that any person who is appointed to a full-time salaried position by the Governor who has served a minimum of three months in such position is also prohibited from lobbying for a period of one year after terminating that employment
• Adds in O.C.G.A. § 21-5-77 that is also will be unlawful for a lobbyist to make a gift to a public officer where the value of the gift is more than $100.00. 

HB 922- Rep. Cox (R-Lilburn) offered this Legislation which would amend Article 7C of Chapter 4 of Title 49 of the Code to provide that certain programs providing services to sick and disabled  children shall be eligible for certain public assistance funding.  Under this Bill, a ll persons 21 years of age and younger who are eligible for assistance for sick and disabled children shall be qualified to use such assistance for the purposes of gaining access to the children's transition care centers. 

HB 923 - Rep. Neal (R-LaFayette) authored the following Legislation to amend O.C.G.A. § 20-2-212.  The purpose of this would be to allow educators, who have received a leadership degree, but are currently not in a leadership position to be placed on the same state salary as those that hold leadership positions. 

HB 927 - Rep. Mike Jacobs (R-Atlanta) offered an amendment to O.G.G.A. § 20-2-751.4, which would expand the definition of bullying.  This expansion of bullying would include the use of school system computers to transmit any intentional written, verbal, or physical act. 

HB 928 - Rep. Chuck Sims (R-Ambrose) introduced an amendment to Title 50, so that the exemption of sales tax for lottery tickets would be repealed. 

HB 929 - Rep. Chuck Sims (R-Ambrose) also offered the accompanying Legislation to HB 928, which would create an education trust fund in which the sales tax from lottery tickets would be placed. 

HR 1085  – Rep. Bobby Franklin (R-Marietta) authored this Resolution proposing a Constitutional Amendment at Section I of Article I adding a new Paragraph XXIX so that "any citizen of this state shall have standing to challenge the constitutionality of any law enacted by the General Assembly." 

HR 1090 – Rep. Rusty Kidd (I-Milledgeville) introduced this Constitutional Amendment at Article V, Section I of the Constitution by amending Paragraph I.  The intent is that no Governor would succeed himself or herself and that the term of Governor would be thus limited to one six-year term of office.  

HR 1105 - Rep. Doug Holt (R-Social Circle) proposed the following Amendment to the Constitution, so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time student enrollment. 

HR 1107 - Rep. James Mills (R-Gainesville) proposed an Amendment to the Constitution, so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines.  

HR 1109- Rep. Chuck Sims (R-Ambrose) proposed the following Amendment to the Constitution that accompanies HB 928. This Amendment would require that lottery tickets be subject to state sales and use tax.  

SB 293 – Sen. Mitch Seabaugh (R-Sharpsburg) offered this initiative amending the membership of the Georgia Lottery Corporation Board of Directors in Chapter 27 of Title 50.  His proposal would require a nine member rather than a seven member Board and it would be composed of three members appointed by the Governor, three members appointed by the Speaker of the House and three members appointed by the Lieutenant Governor.  Currently, the seven- member Board are all appointed by the Governor.  Additionally, one of the duties of the Board would be to, not only prepare a budget, but also would include a detailed accounting of any bonuses and incentives paid to the Lottery Corporation staff.  Finally, this Bill creates a newly configured "oversight committee" with members no longer from the House Committee on Regulated Industries and Senate Committee on Economic Development and Tourism but made up of the Chair of the Senate Finance Committee; Chair of the Senate Appropriations Committee; Chair of the Senate Economic Development Committee; Chair of the Senate Higher Education Committee; Chair of the Senate Education and Youth Committee; Chair of the Senate Oversight Committee; Chair of the House Committee on Ways and Means; Chair of the House Committee on Appropriations; Chair of the House Committee on Economic Development and Tourism; Chair of the House Committee on Higher Education; Chair of the House Committee on Education; Chair of the House Committee on Governmental Affairs; two members of the Senate appointed by the Lieutenant Governor; and two members of the House of Representatives appointed by the Speaker.  Prior to the commencement of the Lottery Corporation's fiscal year, it would be required to submit for approval to this oversight committee its proposed bonuses and incentives for that corporation's fiscal year. 

SB 304 – Sen. Renee Unterman (R-Buford), and a champion for children, has proposed amending Titles 16, 19 and 49 in an effort to mandate a minimum age for the prosecution of the offenses of prostitution and masturbation for hire to those who are 16 years of age or older.  Presently, Georgia's law does not address the age issue.  The initiative also amends specifically O.C.G.A. § 19-7-5(4) regarding the reporting of child abuse involving "sexual exploitation" and it amends the definitions relating to child abuse and deprivation records in O.C.G.A. § 49-5-40(a)(6) and the "sexual exploitation" definition by clarifying that age of the child is not an issue. 

Committee News 

House Education 

Chairman Brooks Coleman (R-Duluth) took a moment to congratulate committee member Rep. Ed Lindsey (R-Atlanta) on his new role as Majority Whip.  Rep. Lindsey held hearings in the interim in order to help craft Legislation that would be brought forth during the 2010 Legislative Session.  As, Vice-Chairman of Appropriations, Rep. Lindsey briefed the Committee on the current budget climate.  Over the last six months, the State of Georgia has seen a double digit drop in revenue earnings.  As a result, additional cuts will have to be made in the Supplemental FY 2010 Budget, as well as, in the FY 2011 Budget.  School boards will be hard hit by these cuts and in anticipation, Legislation has been dropped which will allow local school systems more flexibility with the manner in which they spend their money.  School boards will be able to spend the funding where they most desperately need it without having to go before the State Board of Education for waivers. 

Rep. Howard Maxwell (R-Dallas) presented HB 910 to the Committee, which would eliminate the requirement on the Department of Education to provide an annual report to the General Assembly on Gender Equity.  However, the school systems would still have to collect the data. A vote will be taken on this Legislation on Thursday. 

Rep. David Casas (R-Lilburn) presented HB 907 to the Committee. This Legislation would allow school systems to keep funding for middle schools, no matter how the grades are housed.  Currently, for funding to be awarded to middle schools, grades six through eight must be housed in one facility together.  This proposal will give flexibility to systems to organize the grades at their discretion.  A vote for HB 907 will be taken on Thursday. 

HB 908 was also presented by Rep. Casas to the Committee. This Legislation is known as the "Flexibility Bill."  This Bill would grant a blanket waiver to school systems for maximum class size requirements and minimum salaries.  This blanket waiver would be effective until June 30, 2013, the date that economists predict that the State of Georgia will see a full recovery.  A vote will also be taken on this Bill on Thursday.  

House Ways and Means  

The full Committee of House Ways and Means also met today.  The Department of Revenue Commissioner, Bart Graham, was on hand to provide the Committee with a presentation on the organization and functions of the Department of Revenue. 

The Department of Revenue employs a total of 1,126 full-time employees that try to deliver the best possible customer service to Georgia.  Over the past few years, the goal of the Commissioner has been to shift the Department away from a data warehouse and into a personal services firm. 

In compliance, the Department is always open to appeals from individuals and companies.  Last year the Department approved 560 full or partial penalty requests. 

In the past the Department has placed taxpayers who cannot pay the full amount of taxes on installment loans; however, there was no procedure to manage this portfolio of loans.  The Department of Revenue purchased banking software to manage these loans. Currently, there are 10,931 installment loans with the Department. 

Commissioner Graham explained that the next step in the tax collection process, given that all other resources fail, is to place a levy on the business.  This, however, is a last resort due to the cost and time that the process takes.  Usually, the Department will look for other levy sources such as bank accounts.