Senate

HB 210, by Rep. Meadows (R-Calhoun), which clarifies the employer’s responsibility for making payments to the Georgia Judicial Retirement System. HB 210 passed the Senate 50 to zero.

HB 229, by Rep. Coleman (R-Duluth), which proposes to create the “Student Health and Physical Education Act.” This Bill passed 34 to 14 and immediately transmitted to the Governor.

HB 343, by Rep. Collins (R-Gainesville), which would provide for the position of weight inspector for the Motor Carrier Compliance Division of the Department of Public Safety. HB 343 passed 50 to zero.

HB 436, by Rep. Parsons (R-Marietta), which would require the Georgia Technology Authority to prepare an annual report of its ongoing and completed projects. HB 436 also passed the Senate, 48 to zero.

House

The House passed out HB 119, the FY 2010 Budget today. Rep. Harbin (R-Evans) took the Well to explain highlights of the House’s version of the FY 2010 Budget. The school nurse program is safe for 2010; the House allocated $29 million to keep the program alive. Teachers receiving National Board Certification will also experience a ten percent bonus.

Hospitals and providers are also safe from cuts in the House’s version of the FY 2010 Budget. Federal stimulus money will fill the $200 million gap in the Budget that would have caused a 10 percent cut for hospitals and a 7 percent cut for providers. Rep. Harbin made reference to the current unemployment rate of 9.4 percent, stating that cutting healthcare funding now would just exacerbate the problem. Trauma care will also receive $33 million in state funding.

Amendments were offered by Rep. Lucas (D-Macon) that would shift $374,000 from the Department of Natural Resources to the Golf and Music Halls of Fame. The Speaker ruled these amendments out of order, thus failing to receive a vote. HB 119 passed with opposition 123 to 49.

SB 76, authored by Sen. Hudgens (R-Hull) also passed the House today with much less opposition than the Budget, 165 to zero. This Legislation removes the requirement for worker’s compensation insurers to submit an annual report to the Department of Insurance.

SB 79, authored by Sen. Harp (R-Midland) seeks to expand access to child abuse records, from only fatalities as is the case now, to cases with near fatal abuse. SB 79 passed 163 to one.

SB 110, Sen. Bulloch’s (R-Ochlocknee) Bill passed the House 162 to 3. This Bill would allow individuals who are duly authorized by the state, county or municipality to trap beaver upon the right of way of any public road.

SB 111, also authored by Sen. Bulloch, would allow any sized light which is carried on the person, affixed to a helmet or a hat worn as a belt system to be used in the hunting of raccoons, opossums, foxes or bobcats. SB 111 passed 164 to 3.

Senate Rules Committee

The Senate Rules Committee set the following Calendar for the Thirty-Fourth Legislative Day:

• HB 71, offered by Rep. Day (R-Tybee Island), would prohibit the manufacturing, selling or distribution of false identification documents even for novelty purpose.
• HB 100, by Rep. Ehrhart (R-Powder Springs), changes certain requirements regarding operation and taxation of student scholarship organizations.
• HB 226, by Rep. Cheokas (D-Americus), changes certain provisions related to sentencing and confinement in probation detention centers.
• HB 330, by Rep. Coan (R-Lawrenceville), relates to workers’ compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee’s waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation.
• HB 550, by Rep. Meadows (R-Calhoun), provides for an additional method of payment for mutual life insurers.

Senate Health and Human Services

Rep. Lindsey presented HB 237 to the Committee today. This Legislation seeks to extend funding to hard to place foster children already having been adopted. Currently, if the State places the children, the funding will continue to be distributed to the adoptive parents for the child’s care; however, if a private agency places the child the funding does not continue. HB 237 would also keep the State in compliance with federal laws, allowing the State to continue receiving $32 million in federal funding for this program. HB 237 received a do pass recommendation from the Committee.

Rep. Stephens’ (R-Savannah) Legislation, HB 368, also received a do pass recommendation from the Committee. HB 368 is the annual drug update Bill that seeks to put newly FDA approved drugs into the Code. Sen. Harp (R-Midland) will carry this Bill in the Senate.

HB 60, offered by Rep. Jacobs (R-Atlanta) adds a provision that would prohibit individuals from claiming to be a licensed counselor, if in fact they are not. Do to a loophole; the Board could not act on complaints filed by citizens against counselors falsely claiming to be licensed by the State. HB 60 passed out of Committee.

HB 69 was met with debate in Committee. Rep. Jerguson (R-Acworth) presented HB 69 to the Committee. This Legislation addresses “do not resuscitate orders,” by removing the two physician signature requirement. Sen. Smith (R-Rome) expressed concern over this Legislation, citing that removing this would in effect be removing necessary safeguards. Jason Broce with the Georgia Healthcare Association spoke in support of

HB 69, stating that many more rural nursing homes in Georgia only have one physician on duty. Concerns about this measure were also raised pertaining to the scope of the resuscitation, citing that it addresses circumstances well past CPR. The Committee held HB 69 for further clarification.

SR 399, offered by Sen. Thomas (R-Dalton), would create a Senate Study Committee on Georgia Nonprofit Organization and Their Governmental Partnerships. SR 399 passed the Committee unanimously.

House Rules Committee

The House Rules Committee set the following Calendar for the Thirty-Fourth Legislative Day:

HR 161, by Rep. Hugley (D-Columbus), calls for $709,090 in compensation for the wrongful incarceration of John Jerome White. Mr. White served time in prison after being convicted of a crime based on faulty eye-witness testimony. He was exonerated in 2007 by DNA testing.

SB 43, by Sen. Bulloch (R-Ochlocknee), seeks to define the role of “First Handler” in the role of cotton production as a person who owns or operates the gin where cotton is first delivered from the cotton grower.

SB 177, by Sen. Heath (R-Bremen) would amend provisions relating to retirement and pensions under the Employees’ Retirement System (ERS), the Judicial Retirement System (JRS), and the Legislative Retirement System (LRS).

SB 193, by Sen. Grant (R-Milledgeville), authorizes the Department of Corrections to consider certain offenders for participation in transitional center or work release program during the offender’s final year of incarceration.

SR 333, by Sen. Powell (D-Blythe), honors the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him and the Region 5 Statesboro office of the GBI.

House Health and Human Services

SB 8, authored by Sen. Murphy (R-Cumming) would allow students who have a written consent from both a physician and the child’s parent or legal guardian to carry and administer epinephrine while they are at school. SB 8 received a do pass recommendation from the Committee.

SB 104, offered by Sen. Wiles (R-Marietta), amends the Georgia Cosmetic Laser Services Act so that for any cosmetic laser procedure, other than laser hair removal, the patient must first be seen by a trained medical professional. Also this bill requires that a consent form be signed by the patient stating the degrees of the persons performing the procedure as well as the name, qualifications, and emergency contact information of the supervisor. SB 104 received a do pass by Committee Substitute.

SB 159 would create a Hemophilia Advisory Board for hemophilia and other bleeding disorders. Hemophilia, a disorder that is expressed almost solely in males, affects the blood’s ability to clot. Trish Dominic of Hemophilia Georgia explained to committee members that the disease is treatable; however, such a disorder locks sufferers out of individual insurance plans, forcing them to seek state aid. In addition, public misinformation on the disorder often leads to improper treatment of those with it. The Board would have nine members with two designated non-voting members. Because members would serve on a volunteer basis, the Legislation would place no additional financial burden on the state. SB 159 passed out of Committee.

SR 257, authored by Sen. Thomas (R-Dalton), creates the Alzheimer’s Disease and Other Dementia’s Task Force. SR 257 received a do pass recommendation from the Committee.

House Judiciary Committee

SB 108, offered by Sen. Cowsert (R-Athens) received a do pass from the Committee today. SB 108 modifies O.C.G.A. § 9-11-12, relating to answers, defenses and objections to civil practice, by providing for up to a 120 day stay of discovery if a party files a motion to dismiss during the pleading stage of the case. It provides for an extension of the stay in certain circumstances. The Bill additionally provides for expedited discovery upon the showing of good cause and for limited discovery when the motion to dismiss raises defenses of lack of personal jurisdiction, improper venue, insufficient service of process, or failure to join a necessary party. Sen. Cowsert stated that this Legislation is an attempt to save unnecessary defense costs.

The Committee also gave a do pass recommendation to SB 108 authored by Sen. Wiles (R-Marietta). This Bill amends O.C.G.A. § 51-1-11, relating to products liability actions, by precluding a manufacturer of an alleged defective product from being found liable for an industry-wide products liability claim or public nuisance claim on the basis of the manufacturer’s market share. The Committee Substitute was withdrawn and the original Senate language was used.

Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.