Greetings from the Gold Dome!  Today, Lawmakers returned for day four of the 2010 Session, looking forward to exiting this afternoon for an extended weekend in celebration of the Martin Luther King, Jr. Holiday.

House Committee Assignments were anticipated to be released this afternoon; however, at this writing, we have not received any official word. 

Meanwhile, Governor Perdue mentioned in his State-of-the-State Address yesterday that his Budgets would be released tomorrow.  Lawmakers, as well as lobbyists, are somewhat puzzled by this with many guessing that he is trying to assess two weeks of January 2010 tax collections in an effort to get a better handle on what he believes the State's revenue estimates will be.

The Department of Education Board met today as well as the Department of Community Health Board.  More on each of those meetings is noted below.

House

The House met briefly today pausing to remember Rev. Martin Luther King and his work as a Civil Rights Leader.

Passing no Legislation the House adjourned and will reconvene on Monday, January 25, 2010 at 10:00 a.m.

Senate

The Senate, following suit of the House, met briefly as well. Today the Senate paused to remember the victims of the devastation in Haiti. Sens. Donzella James (D-Atlanta) and Chip Rogers (R-Woodstock) shared their personal stories of missionary work accomplished in Haiti, as well as many missionaries and survivors there now.

New Legislation

HB 935 - Rep. Roger Bruce (D-Atlanta) offered amendments to Chapter 12 of Title 50, creating the Georgia Commission on Reducing Poverty and Increasing Economic Security, its goal being that all citizens of Georgia live free from poverty. The Commission will develop a comprehensive plan for the elimination of poverty in Georgia Consistent with international human rights standards, in efforts to reduce extreme poverty in Georgia by at least 50 percent by 2015.

HB 936 - Rep. Paul Battles (R-Cartersville) proposed an amendment to O.C.G.A. § 20-2-188, which allows the funding that schools systems receive for the replacement of buses, to be used for the refurbishment of buses.

HB 937 - Rep. Larry O'Neal (R-Bonaire) offered the following amendment to O.C.G.A. § 20-2-51, relating to election of county board of education members, persons ineligible to be members or superintendent. This change would allow for a limited exception to the conflict of interest provision. No person that has immediate family serving as a member of the Board of Education, superintendent, or principal, will be eligible to run for school board. The exception to this is as follows, "on or after July 1, 2010, this paragraph shall not apply to local board of education members reelected or reappointed on or after July 1, 2010, if such member was in office on June 30, 2010."

HB 938 - Rep. Allen Peake (R-Macon) proposed amendments to Title 40. These changes would prohibit texting while driving. Two points would be added to an individual's driving record if caught in the act, as well as a suspension of their license for a period of 90 days.

HB 940 - Rep. Carolyn Hugley (D-Columbus) offered changes to Part 2 of Article 16 of Chapter 2 of Title 20, which would enact the "Jaheem Herrera-Bianca Walton Safe School Climate Act." Under this Act all children would be protected from bullying, harassment, and continual intimidation. Bullying will be defined as:

(1) 'Bullying, harassing, or intimidating behavior' or 'act of bullying, harassment, or intimidation' means any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at an official school bus stop, at any school sponsored activity or event whether or not it is held on school premises, or on a school bus or any other school related vehicle, or at any other program or function where the school is responsible for the child, and that:

(A) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or

(B) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities, or benefits.

This term includes, but is not limited to, acts reasonably perceived as being motivated by any actual or perceived differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability, or by association with a person who has or is perceived to have one or more of these characteristics.

(2) 'Hostile environment' means that the victim subjectively views the conduct as bullying, harassing, or intimidating behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying, harassing, or intimidating behavior.

By no later than December 31, 2010, each local school board will be required to adopt a policy prohibiting bullying, harassing, or intimidating behavior.

HB 941 - Rep. Gregg Morris (R-Vidialia) offered this Legislation which would repeal Article 11, relating to Kosher foods, and designate it as reserved.

HB 942 - Rep. Don Parsons (R-Marietta) offered an amendment to O.C.G.A. § 48-8-3, extending the sunset on sales tax exemptions for overhead materials for government contractors until January 1, 2013.

HB 943 - Rep. Pedro Marin (D-Duluth) proposed changes to Article 1 of Chapter 1 of Title 20, mandating that each public school maintain and active recycling program and provide an annual report to the State Board of Education.

HB 944 - Rep. Amos Amerson (R-Dahlonega) also proposed amendments to Title 40 prohibiting texting while driving.

HB 945 - Rep. Amos Amerson (R-Dahlonega) offered changes to Article 11 of Chapter 6 of Title 40, prohibiting cellphone use while driving.

HR 1086 - Rep. Calvin Hill (R-Canton) proposed an amendment to the Constitution which would provide that no law or rule or regulation will compel any person, employer, or health care provider to participate in any health care system and to authorize person and employers to pay directly for lawful health care services without penalties or fines.

HR 1114 - Rep. Jeff May (R-Monroe) presented this Resolution, which urges Congressional leaders to allow Georgians to view the final discussions on health reform on C-SPAN and other electronic medial outlets.

HR 1115 - Rep. Joe Heckstall (D-East Point) proposed this Resolution which recognizes the challenges facing Georgia and pledges to address key issues to improve the lives of all Georgians. These key issues are listed as water, annexation, revenue, and transportation.

HR 1117 - Rep. Joe Heckstall (D-East Point) offered this Resolution recognizing the need to assist Georgians who have recently lost their health insurance coverage and requesting that those in the medical industry hear the call for assistance. This Resolution will be known as the "Lovin' Georgia Healthy" plan.

SB 306 – Sen. Bill Heath (R-Bremen) introduced amendments to O.C.G.A. § 40-6-250 pertaining to the wearing of a device which may impair hearing or vision while operating a motor vehicle – exempting though headsets connected to hands-free mobile communication devices.  The changes also exempt hearing aids or other instruments which improve defective human hearing, eyeglasses or sunglasses.  It also exempts any communications equipment used by law enforcement or firefighters to help them in the performance of their duties.

SB 310 - Sen. Lee Hawkins (R-Gainesville) proposed changes to amend Title 33, to provide for the regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance. The new language reads as follows:

(a) No person, business entity, or other entity shall act as or hold itself out to be a pharmacy benefits manager in this state, other than an applicant licensed in this state for the kinds of business for which it is acting as a pharmacy benefits manager, unless such person, business entity, or other entity holds a license as a pharmacy benefits manager issued by the Commissioner pursuant to this chapter. The license shall be renewable on an annual basis. Failure to hold such license shall subject such person, business entity, or other entity to the fines and other appropriate penalties as provided in Chapter 2 of this title.

(b) An application for a pharmacy benefits manager's license or an application for renewal of such license shall be accompanied by a filing fee of $500.00 for an initial license and $400.00 for renewal.

(c) A license shall be issued or renewed and shall not be suspended or revoked by the Commissioner unless the Commissioner finds that the applicant for or holder of the license:

1.  Has intentionally misrepresented or concealed any material fact in the application for the license;
2. Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud;
3. Has committed fraud; or
4. Has failed to obtain for initial licensure or retain for annual licensure renewal a net worth of at least $200,000.00.

SB 314 - Sen. Bill Heath (R-Bremen) offered changes to O.C.G.A. § 16-743. These changes provide that any person who distributes unsolicited printed materials to yards, driveways, walkways, or porches shall retrieve any such materials not picked up within four days. Failure to do so will constitute a misdemeanor.

SB 315 – Sen. Preston Smith (R-Rome) authored a new Article 11 to Chapter 3 of Title 38 providing for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act."  This law would apply to those volunteer health practitioners who have registered in a system that complies with O.C.G.A. § 38-3-164 and who are providing health services or veterinary services in Georgia for a host entity while an emergency declaration is in effect.  O.C.G.A. § 38-3-164 establishes the qualifications of this volunteer health practitioner registration system (such as accepting applications before an actual emergency; including information about the licensure/good standing of the health practitioners; have the capability of confirming the accuracy of information submitted (such as licensure); and meet other conditions (such as be an emergency system established/funded through the United State Department of Health and Human Services under Section 3191 of the Public Health Services Act, 42 U.S.C. Section 247d-7b; be operated by a disaster relief organization; be operated by a licensing board; be a local unit of trained/equipped emergency response group (formed pursuant to Section 2801 of the Public Health Services Act, 42 U.S.C. Section 300hh); and etc.).  In O.C.G.A. § 38-3-165, it would permit a volunteer, once an emergency declaration is in effect, and who is licensed and in good standing the State upon which the volunteer health practitioner's registration is based may then practice in Georgia to the extent authorized by this new Article.

SB 316 – Sen. Don Thomas (R-Dalton) has offered this Bill amending O.C.G.A. § 33-43-3 requiring insurers which offer Medicare supplemental insurance policies in Georgia to also make available those supplemental policies to individuals under the age of 65 who qualify for Medicare because of either a disability or end-stage renal disease.  It further outlines when individuals may enroll:

(h) Persons may enroll in a Medicare supplement policy at any time authorized or required by the federal government, or within six months of:

1.  Enrolling in Medicare Part B, or by January 1, 2011, for an individual who is under 65 years of age and is eligible for Medicare because of disability or end-stage renal disease, whichever is later.
2. Receiving notice that such person has been retroactively enrolled in Medicare Part B due to a retroactive eligibility decision made by the Social Security Administration; or
3. Having had a prior health insurance policy, accident and sickness policy, employer-sponsored Medicare supplement insurance policy, or Medicare Advantage plan terminated or cancelled due to the applicant's employment status, a decision of the individual applicant's employer, or an action by an insurer unrelated to the applicant's status or conduct.

The initiative also permits payments to third-parties and provides for limitations on premium differences charged to applicants.

SR 795 – Sen. Seth Harp (R-Midland) offered this Resolution amending the State's Constitution to provide that no law be passed restricting a person's freedom of choice of private health care systems or private plans of any type; interferes with a person's or entity's right to pay directly for lawful medical services; or imposes a penalty or fine of any type for choosing to obtain or decline healthcare coverage or for participation in any particular healthcare system or plan.  This change would be made at Section I of Article I by inserting a new paragraph XXX.  If passed, this initiative would be submitted to voters on the ballot.

SR 821 – Sen. David Shafer (R-Duluth) authored this Constitutional Amendment in Article VII, Section IV authorizing the General Assembly to permit the Georgia Department of Transportation to enter into multi-year construction agreements without obligating present funds for the full obligation to the State under the full term of such agreements (agreements would be required to have a termination in the event of insufficiency of funds and limit payments or other obligations to the State for not more than ten fiscal years).  Voters would be required to ratify this change, if passed.

SR 822 – Sen. Jeff Mullis (R-Chickamauga) introduced this "urging" Resolution so that the Georgia Department of Transportation would seek a waiver from the Federal Highway Administration to allow retail developments in rest areas along the interstate highway system.  Presently, 23 C.F.R. Section 752.5 precludes such.

Committee News

House Education

Rep. Jay Neal presented HB 906 to the Committee. This Bill would allow for school systems to issue letters of intent by May 13, instead of April 15. This would give the schools some leeway in uncertain economic times. Currently, schools have to plan for employees without knowing what the economic situation will hold. HB 906 passed unanimously.

HB 923, also authored by Rep. Neal, passed out of the full Education Committee. This Bill would allow for individuals who have completed leadership courses and certification, but are not currently in leadership positions, to be placed on the same state pay scale as individuals who are in leadership positions.

HB 907, which was presented by Rep. David Casas (R-Lilburn) on Tuesday, received a "do pass" from the Committee. This Bill allows middle schools to house grades six through eight in any combination and still receive middle school funding.

Rep. Tom Dickson (R-Cohutta) presented his HB 905 to the Committee. HB 905 will extend a sunset date for capital outlay funds to June 30, 2015. This will extend where school systems can budget the funding. This Bill passed unanimously out of Committee.

House and Senate Transportation Committees

The Senate and House Transportation Committees met today. Their focus was to review the IP3 Rules.  The Senate Transportation Committee adopted the proposed rules with two caveats.  Meanwhile, the House Transportation Committee discussed and questioned the Department of Transportation representatives for more than three hours about the proposed rules.  Their concerns related to making changes to the rules; allowing federal property in Georgia (such as rest areas) to have commercial venues; and allowing the public to comment on these projects in the areas where they are to be proposed.

An update on projects was provided to the Committee. The West by Northwest Corridor now has a procurement strategy underway and an anticipated request for quotation is to be released on February 26, 2010.  Rest areas are being looked at as a possible area to generate more revenue for the State; however, it would require federal law changes in order to do so.  The Atlanta Multi-modal Terminal site has been completed. There were questions concerning the above-ground use of the right-of-way and related funding for this Terminal.

Other

Department of Education Board Meeting

The State Board of Education held their monthly meeting today, after a lengthy executive session.

The Board adopted Rule 160-5-1-.34, Georgia Special Needs Scholarship. The creation of the rule and guidance for the Georgia Special Needs Scholarship Program supports Goal 6: making policies that ensure maximum academic and financial accountability.  The corresponding strategy is to provide a comprehensive system for review, approval, and monitoring of policies and rules guiding our external stakeholders.

The rule and guidance meet the requirements of O.C.G.A. § 20-2-2117 that requires the State Board to adopt rules to administer the Georgia Special Needs Scholarship Program.

O.C.G.A. § 20-2-2110 as signed into law on May 18, 2007, created the Georgia Special Needs Scholarship Program which allows parents of eligible special needs students to transfer their children to another public school, public school system, state school, or authorized participating private school.

The Board also passed Rule 160-4-2-.34, Dual Enrollment. This rule revision supports Strategic Plan Goal 1: Increase the high school graduation rate, decrease the dropout rate, and increase the postsecondary enrollment rate. The corresponding strategy is to develop an improved comprehensive system of student advisement focusing on postsecondary options and careers.

Secondary-postsecondary credit conversions are changed in this rule revision to promote dual enrollment participation, as recommended by the Alliance of Education Agency Heads Dual Enrollment Task Force. Requirements from HB149 are aligned with this rule.

Rule 160-4-2-.34, Dual Enrollment, is revised to include changes in the credit conversion between college credits and high school course units, as recommended by the Alliance of Education Agency Heads Dual Enrollment Task Force. The recommended credit conversion is:

• One to two semester hour credits =.5 high school unit credit
• Three to five semester hour credits = 1 high school unit credit
• One to three quarter hour credits = .5 high school unit credit
• Four to eight quarter hour credits = 1 high school unit credit

 Requirements from HB149 (Move on When Ready) are aligned with this rule.

Department of Community Health Board Meeting

The Department of Community Health Board met in Atlanta for its regular monthly meeting. 

Public Notices

Doug Colburn presented a newly proposed public notice on Healthcare Facility Regulation Rules.  There was nothing distributed to the public on this Notice, which was voted on by the Board to be posted for public comment.  Additionally, Jerry Dubberly presented information on the Disproportionate Share Hospital Allocations for Private Hospitals.  This notice was adopted after a discussion of the public comment received.  A private hospital chain asked that the Department also consider UPL payments for private hospitals.  Dr. Dubberly stated he felt that the Department had made a lot of headway on addressing the proposed changes to the Medicaid Disproportionate Share Hospital payments.  A total of more than $8.6 million in State funds is to be matched for the private "deemed" hospitals.

Minutes

Secretary of the Board, Kim Gay, has resigned.  The minutes of the prior month's meeting were presented by Chairman Richard Holmes and adopted without corrections or discussions.

Committees

Archer Rose presented the Audit Committee's Report.  The Audit was received from the auditors, Metcalf/Davis for FY 2009.  Mr. Rose stated that he had been pleased by the auditors' presentation as the Department received a clean opinion.  Comments were made by the auditors, though, on the State Health Benefit Plan fund balance which was essentially depleted by taking the fund from $439 million to $33 million.  Mr. Archer took a moment to thank the auditors for their work and meeting the timing goals established by the Department.

Hannah Heck will assume the Managed Care Committee Chair since the departure of Ms. Gay as she also chaired that Board Committee.

Commissioner's Report

Commissioner Medows reported that the Governor's Budget is to be released on Friday, January 15, 2010.  Budget hearings have been scheduled next week.

New leadership changes within the Department were announced:  Vince Harris assumes the role of CFO and Perry Sims becomes the new CIO.

Commissioner Medows also noted that the Department would prepare an analysis of the national healthcare reform bills, once a final version was reached.  In that analysis, it would show the impact to Georgia and, thus, shared with the Board.

In the Governor's State-of-the-State Address, he made no mention about budget cuts.  Commissioner Medows did state that the Department's shortfall for FY 2011 would be between $605 million and $635 million.