Senate Floor

The Senate had nineteen pieces of legislation on its Rules Calendar this morning. Some of the highlights of their day's work included:

• HB 60, the Bill by Rep. Jacobs (R-Atlanta), which amends O.C.G.A. § 43-10A-7 to clarify that no person exempt from the licensing requirements contained in this Code is permitted to hold himself or herself out as being licensed to practice professional counseling, social work, or marriage and family therapy or use any term or other indicia implying that he or she is licensed to practice professional counseling, social work, or marriage and family therapy or any such combination, was the first initiative on the Floor. It passed by a vote of 46 to 1.
• HB 126, Rep. Lindsey's (R-Atlanta), initiative enacting the "Uniform Electronic Transactions Act" in Chapter 12 of Title 10 as well as amending references in the Code where it reflects "Georgia Electronic Records and Signatures Act" to reflect the "Uniform Electronic Transactions Act," passed by a vote of 50 to zero.
• HB 149, Rep. Jan Jones (R-Alpharetta), moved on today – her initiative known as the "Move on When Ready Act" which permits high school students in the 11^th and 12^th grades to attend postsecondary colleges and schools for high school credit, passed easily with a vote of 48 to 1.   There were no amendments to the Bill, which Sen. Williams (R-Lyons) presented to the Senate.
• HB 160 seemed to stall at first before gathering speed. Sen. Heath (R-Bremen) presented the Governor's "super speeder" proposal which adds additional fines for those individuals who are traveling more than 75 mph on two-lane roads in Georgia or more than 85 mph on four-lane or interstates in Georgia. Letters from the Department of Driver Services will be sent to individuals who are ticketed with this speeding violation to pay the additional penalty. Funds from the "super speeder" fines are to be used to fund Georgia's trauma network. Sen. Murphy (R-Cumming) proposed an amendment to make it clear that no where on a driver record would the term "super speeder" be turned over to insurance entities; his amendment was withdrawn. Sen. Jones (D-Decatur) proposed an amendment in an effort to make it clear in the legislation that money from these fines were to be "dedicated" to fund Georgia's trauma needs; in the Bill it states that it is the "intent of the General Assembly" to use these fees for funding trauma. Sen. Jones' amendment provoked a stir of questions because of constitutional questions on whether a general law can reference "dedicated funding." Sen. Jones insisted on his amendment which failed by a vote of 16 to 33. The Bill then passed the Senate by a vote of 42 to 10.
• HB 237, another proposal by Rep. Lindsey (R-Atlanta), also cleared the Senate with a vote of 49 to zero. The proposal amends O.C.G.A. § 49-5-8 providing financial assistance to families adopting children once the child has been placed for adoption, determined eligible for assistance, and the adoption assistance agreement has been signed prior to the finalization of the adoption by all parties. This financial assistance may only be granted for "hard-to-place children" which are those with physical, mental, or emotional disabilities or with other problems and would otherwise be difficult to find a permanent home. This financial assistance is not to exceed 100% of the amount that would have been paid for boarding that child in a family foster home and for special services such as medical care not available through insurance or public facilities. There is a qualification that the supplements are only available to families who could not provide for the child adequately without continued financial assistance.
• HB 300, by Rep. Wilkinson (R-Atlanta), passed with a vote of 49 to zero. The Bill requires in Title 20 that parents or guardians of students in grades six through 12 be provided information on meningococcal meningitis disease and its vaccine whenever other health information is provided. The Departments of Education and Human Resources are to work cooperatively on this information to be provided.
• HB 308, the initiative by Rep. Ralston (R-Blue Ridge), which contains "technical corrections" to Georgia's Limited Liability Act in Chapter 11 of Title 14, passed with a vote of 47 to zero. One specific amendment made in O.C.G.A. § 14-11-506 adds:
  • "Except as otherwise provided in the articles of organization or a written operating agreement, if the last member of a limited liability company dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative shall become a member of the limited liability company, unless such executor, administrator, guardian, conservator, or other legal representative elects not to become a member by written notice given to the limited liability company within 90 days of such death or adjudication (or within such other period as is provided for in a written operating agreement)."
• HB 312, the Bill by Rep. Hill (R-Canton), cleared the Senate by a vote of 50 to zero. It would enact the "SAFE Mortgage Licensing Act of 2008." It addresses the law passed in 2008 and clarifies several sections in the law including who is considered a "mortgage loan originator" and the requirements to be a "mortgage loan originator."
• HB 481, one of the pieces of legislation by Rep. Graves (R-Ranger) which were offered as an attempt to help jump-start Georgia's economy and create jobs, also passed with a vote of 43 to 7. This initiative is known as the Jobs, Opportunity, and Business Success Act of 2009. One of the provisions of this Bill is that it waives the filing fees for documents submitted to the Secretary of State for forming and the annual filings for corporations, limited liability companies, and limited partnerships.   It also creates a "Georgia Works Tax Credit" in O.C.G.A. § 34-8-156 in the amount of not less than $25 and not more than $125 per individual employee per calendar quarter which can be claimed by the employer.
• HB 482, another idea by Rep. Graves (R-Ranger), cleared the Senate by a vote of 46 to 6. It proposes, subject to referendum approval, that all tangible personal property constituting the inventory of a business would be exempt from State ad valorem taxation. Businesses in Georgia have pushed this idea for several years.
• HB 550, the initiative by Rep. Meadows (R-Calhoun), also passed by a vote of 49 to 1. It amends O.C.G.A. § 33-14-76 concerning the conversion of a mutual insurer to a stock insurer and specifically allows an additional method of payment by a mutual life insurer of the equity so that if the entity is a "life insurer" then payment may be provided as a paid-up life insurance policy with a cash value equal to 100% of the policyholder's equity in the insurer. A Floor Amendment was added by Sens. Harp (R-Midland) and Hudgens (R-Hull) adding a stipulation, "provided, however, that the insurer may not impose a surrender charge on any policyholder electing to surrender his or her paid-up life insurance policy for its cash value."

House

Rep. Smith (R-Pine Mountain) presented HB 277 to the House today for "agrees and disagrees," urging the House to agree to the Legislation that now contains the Senate concessions. This version of HB 277 would allow voters to approve a statewide penny sales tax. If voters fail to approve this measure, then counties could join together to create a regional sales tax to fund transportation. HB 277 now goes to the Senate for an agree or disagree. The House agreed by a vote of 125 to 39.

HR 206, the Constitutional Amendment that would enable the option for voters to approve or disapprove of a statewide transportation sales tax to be placed on the ballot, was also agreed to by the House (the Senate Substitute which was amended) by a vote of 129 to 36. HR 206 now goes back to the Senate for action.

The House also automatically disagreed to Senate changes to HB 228, the reorganization of the Department of Human Resources.

SB 13, by Sen. Smith (R-Rome), would ensure that those accused of crimes may be sentenced to life without parole even if prosecutors choose not to seek the death penalty. This change would allow prosecutors the option to ask for life without parole without having to go through the costly process of a death penalty trial. SB 13 passed 164 to zero.

SB 14, by Sen. Douglas (R-Social Circle), provides that no person on the national or State Sex Offender Registry will be eligible for election or service on local school board. This Legislation passed 161 to one.

SB 44, by Sen. Tolleson (R-Perry), gives preference to certain Georgia-produced goods in the bidding contracts or purchasing decisions made by State, department, agency, commission, local governments and public schools and requires them to factor in the multiplier effect of accepting a bid or purchase whether the products are Georgia-produced products, as opposed to out-of-state goods, on Georgia gross domestic product and public revenues. This provision, if passed, would apply to a contract or purchase which exceeds $100,000. Some argument arose over this Bill, citing that it was biased and stiffens the already tough contract method. Amendments were offered on this Bill, all failing. SB 44 passed 157 to five.

SB 83, by Sen. Rogers (R-Woodstock), provides for an additional state-wide homestead exemption of $2,000 beginning in 2009. This exemption will be applicable to State, county, city, and all school property taxes. Currently, homestead property owners receive a $2,000 state-wide homestead exemption on their state, county, and school ad valorem taxes each year.

In each year beginning in 2010, this new additional $2,000 exemption will increase by a percentage equal to a cost of living index, unless the cost of living index decreases. In any year that the cost of living index decreases, no adjustment to the homestead exemption will be made. The Commissioner of the Department of Revenue will be required to establish rules governing cost-of-living adjustments, including the determination and use of the appropriate index. The index used must reflect the effects of inflation and deflation on persons receiving benefits in Georgia. This new $2,000 state-wide homestead exemption will be in addition to, and not in lieu of, local homestead exemptions and will be subject to approval in a special election on the third Tuesday in June, 2009. SB 83 died on the Floor today 109 to 63.

SB 97, by Sen. Grant (R-Milledgeville), changes the designation of the "State Merit System of Personnel Administration" to the "State Personnel Administration" wherever it appears throughout the Code, except in Title 47. SB 97 passed easily 133 to zero.

SB 98, also by Sen. Grant (R-Milledgeville), changes certain references, in Title 47, of the "State Merit System of Personnel Administration" to the "State Personnel Administration." SB 98 passed handily 135 to zero.

SB 109, by Sen. Smith (R-Rome), would amend provisions relating to retirement and pensions under the Employees’ Retirement System, the District Attorneys Emeritus Fund, the Georgia Judicial Retirement System, and would amend provisions relating to social security coverage for employees.   Specifically, this Bill would transfer certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys’ Council of the State of Georgia, and the Council of Juvenile Court Judges. This Bill would also provide clarification regarding the source of funds used to cover the employer contributions made on behalf of certain members of these funds. SB 109 passed the House today 148 to zero.

SB 162, by Sen. Grant (R-Milledgeville), authorizes security guards and detectives to obtain individual licensure for employment and requires them to complete board mandated training prior to applying for a license. This Bill removes the requirement for a $1,000 surety bond relative to firearms dealers. SB 162 passed 144 to 20.

SB 210, by Sen. Johnson (R-Savannah), includes home-schooled students among those students eligible to participate in the student honors program. This Legislation passed 157 to zero and now heads back to the Senate for agreement.

SB 282 – Sen. Hill (R-Marietta) proposed creating a new Code Section at O.C.G.A. § 33-51-4 to require insurers who issue high deductible health plans sold or maintained under the applicable provisions of Section 223 of the Internal Revenue Code in Georgia to offer at least one such plan with provisions for wellness incentives. The insurer is to provide a partial premium reimbursement for those insureds under such policy who meet the wellness incentive program, including "but not limited to, participating health risk appraisal programs and providing biometric data." The change does not impact the current provision that if insurers include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs and other similar provisions in their high deductible policies in keeping with federal requirements would not be considered to be engaging in unfair trade practices.

SR 672 – Sen. Grant (R-Milledgeville) authored this Resolution creating a Senate Study Committee on Autism. This Resolution is in the wake of the insurance mandate Bill previously tabled in the Senate earlier this Session. This Study Committee would be comprised of five Senators looking at the availability and affordability of health insurance covering autism and access to health care services. The Committee would stand abolished on December 31, 2009. If the Committee makes a report of findings and recommendations, then that report would be made on or before December 31, 2009.

SR 685 – Sen. Rogers (R-Woodstock) proposed this Resolution to create the Senate Study Committee on Property Tax Assessments and Appeals. It would look at the impact of unemployment, foreclosures on homes, reduction of taxes, declines in property values and the methods used to presently assess residential and commercial property in an effort to look at ways to stabilize declining property values to benefit Georgians.

SR 686 – Sen. Rogers (R-Woodstock) offered this Resolution to create the Senate Study Committee on the Self-Sufficiency of State Museums, Parks, and Golf Courses. This five member Study Committee would look into these matters between now and December 31, 2009, and if it makes a report of any findings or recommendations, then that report would be due on that date.

HB 823 – Rep. Smith (R-Watkinsville) introduced this amendment to O.C.G.A. § 44-7-2, pertaining to parol contracts creating a landlord and tenant relationship. It adds that the provisions of Code Section 13-1-11, relating to the enforcement of obligations to pay attorney's fees, will not apply to a contract creating a landlord and tenant relationship.

HR 771 – Rep. Neal (R-LaFayette) offered this Resolution to create the House Study Committee on Addiction Prevention, Treatment and Recovery ("APTR"). Drug addiction is growing in today's society. This Study will look at the economic return on investment in drug abuse treatment and prevention programs, looking at the accessibility of such programs, and savings resulting from attending these programs (reduction in overall healthcare costs, crimes, and spending on social services).   Five Members from the House will serve on this Study Committee who will conclude their efforts on or before December 31, 2009 and make a report of such findings and recommendations on or before that date.

HR 772 – Rep. Chambers (R-Atlanta) proposed creation of a "Blood Pressure Down Shift Program." This Program would assist in identifying, preventing and containing health risks in potential and current commercially certified drivers (those who work for MARTA, GRTA, GDOT, trucking companies and other transportation entities) and create new guidelines for obtaining or renewing commercial driver licenses which will look at the health risks of those seeking those licenses.

HR 773 – Rep. Rice (R-Duluth) proposed this Resolution "affirming states' sovereignty based on constitutional principals." The Resolution adds that " should any act of Congress be passed or any executive order of the President or judicial opinion of any federal court that is contrary to the delegated powers expressly granted to the central government in the Constitution of the United States be put into force, all powers previously delegated to the United States by the Constitution shall revert to the several states individually, and any future government of the United States shall require ratification by three-quarters of the states seeking to form a government of the United States and shall not be binding upon any state not seeking to form such a government."

HR 774 – Rep. Loudermilk (R-Cassville) authored this Resolution proposing the creation of the House Study Committee on Compliance by Local Governments with the Red Light Camera Law. This Study would be conducted by five House Members and look at the balance between competing interests between public safety, revenue enhancement and privacy. The Study Committee is proposed to make any recommendations on or before the 2010 Session of the General Assembly.

HR 775 – Rep. Marin (D-Duluth) offered this Resolution requesting that the United States Congress pass legislation to comprehensively address the needs of subprime consumers and eliminate unnecessary home mortgage foreclosures.

HR 776 – Rep. Reese (R-Sugar Hill) authored this Resolution "affirming states' rights based on Jeffersonian principles." It further states that this "body affirm the rights of the states under the Jeffersonian principles upon which the Constitution of the United States is based and stand with the several states in seeking to ensure that the federal government only exercises those powers and acts in those areas in which it is specifically delegated powers by the Constitution, with the residual mass of powers being within the province of the several states to exercise and act as each state deem appropriate."

Senate Education Committee

It was another long Committee meeting for Chairman Weber (R-Dunwoody), who became concerned as the hour ran late that he might not have a quorum to finish the Committee's business. Here are some highlights of the meeting:

• SR 649, Sen. Buckner's Resolution on urging "educational agencies, associations, boards, and commissions involved in the accreditation process for school systems in grades kindergarten through 12 to adopt policies and procedures that permit an opportunity for school systems to submit necessary documentation" was revised and passed again.
• Announcements were made that HB 251 (the Bill provide which would allow a public school student to attend any school in the local school system under certain conditions) and HB 493 (the initiative expanding the duties of the Georgia Youth Conservation Corp) will be up tomorrow.
• Rep. Matt Ramsey (R-Peachtree City and one of the Governor's Floor Leaders) presented HB 278 which permits local school districts some flexibility to deal with the current budget crunch. Initiatives such as HB 278 were similarly done during the Zell Miller administration and earlier in Governor Perdue's earlier administration. HB 278 proposes to relax expenditure controls for local boards in four areas. It does contain a sunset provision so that these relaxed expenditure controls would sunset in 2010. Rep. Ramsey explained that school systems asked for these which had been agreed to by Speaker Richardson as well as Lt. Governor Cagle. The four areas of relaxed controls are: direct instructional cost; media center costs; staff and professional development; and additional days of instruction. School systems were sent a message concerning this agreement and took action. Rep. Ramsey cautioned that if this Bill does not pass, then local school systems which have taken advantage of these relaxed controls would be violating current law. A Committee Substitute was offered by Lt. Governor Cagle's attorney dealing with charter schools and career academies with dual enrollment. The Substitute added in O.C.G.A. § 20-2-160(a) that "a student who is enrolled in a dual enrollment program other than as established in Code Section 20-2-161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement has been approved by the State Board of Education." It further adds language in O.C.G.A. § 20-2-161(c.1) concerning calculation of the annual allotment of funds concerning these counts. Ms. Munn, Lt. Governor Cagle's attorney, explained that career academies are increasing along with their budget needs. Ms. Munn further explained that dual enrollments are coded as an M. These dually enrolled students leave high school for post secondary institutions. In the Budget proposal from the House for FY 2010, there is also a reduction from the $161 administrative fee. Rep. Ramsey indicated that Governor Perdue did not wish for these amendments to be made to his legislation. There were questions by Sen. Moody (R-Alpharetta) on who was the actual Senate sponsor to the proposed Substitute. After a few minutes, Sen. Weber agreed that he would be sponsoring the proposal. Sen. Moody questioned the process of bringing this substitute and the actual discussions between the Governor and Lt. Governor on these matters. Sen. Moody had nothing against either the underlying legislation or the proposed additions; his concern was the process. Ms. Munn indicated that the Lt. Governor had been talking with Governor about dual enrollment. Ms. Munn argued that the House can disagree if the proposed language is added. However, at some level, there must be a way to address dual enrollment. This dual enrollment is a problem for career academies as well as the House cutting the administration fee from $161 to $88. Senators also inquired if a stand alone Bill was introduced in the Senate on dual enrollment; the answer was no. Ms. Munn pointed out that the Senate had passed previously in the day Rep. Jones' (R-Alpharetta) legislation "Move on When Ready" which helps children go to postsecondary colleges and school when they are ready to do so. A motion was made to move the Substitute forward by Sen. Thomas (R-Dalton). Sen. Moody amended that motion moving only on original Bill; however his motion died for the lack of a second. The legislation eventually passed in the Substitute form as presented.
• Rep. Graves (R-Ranger) presented HB 193 which provides flexibility to local school systems as they set their calendars. School systems are presently required to provide 180 days of instruction. This Bill says that systems are permitted to provide the equivalency of hours and that they may adapt providing those hours around calendars. Concerns were raised about the potential unintended consequences. Senators were concerned that this might be a move to a four-day week for students and what might happen to the fifth day. They also raised concerns about school nutrition programs as presently children depend on getting meals while at school. There was some opposition to the legislation with the concern about moving to a four-day week and that impact on parents. GAE rose in support of the legislation as it could help systems that do not want to become charter schools. PAGE stated that it views this as local control issue. Their understanding was that idea was to permit local systems a way in which to achieve energy savings or transportation costs. PAGE wishes to maintain the current number of instruction days. Sen. Sims (D-Dawson) raised concern over the length of instructional time. Rep. Graves indicated that the intent was not to push towards a four-day school week. Rather, the idea had been to look at longer days and taking longer summer breaks, wrapping the timing around testing. Sen. Butterworth (R-Cornelia) indicated that he supported the Bill and further argued that the Constitution says that the State is to provide "adequate education" which does not mean provide child care or meals. The Committee then passed the Committee substitute as amended.

Senate Health and Human Services Committee

The legislation pushed by the Alzheimer's advocates, with amendments from Georgia Health Care Association (the nursing home association), cleared this Committee. HB 457, regarding amendments to Georgia's law protecting disabled and elder persons in Chapter 5 of Title 30, had additional changes. The Bill revises the definition in the Code at O.C.G.A. § 30-5-3(6) for the term "disabled adult" to now mean: "a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has dementia or a related cognitive impairment."

The legislation also amends O.C.G.A. § 30-5-8 concerning the criminal offenses and penalties associated with exploiting, abusing, or neglecting any disabled adult or elder person. It makes it unlawful for a person to act with the specific intent to "abuse, neglect, or commit exploitation of any disabled adult." In this particular Code Section, it defines "disabled adult" as "a person 18 years of age or older who is: A) a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and B) mentally or physically incapacitated or has dementia or a related cognitive impairment." Further it adds that "a long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or deny to any individual any rights or remedies which are provided under any other law." The law remains the same that it is also unlawful for any person or official to report of a case of a disabled adult or elder person abuse to fail knowingly and willfully to make such report.

Senate Higher Education Committee

The Senate Higher Education Committee passed out a new substitute to HB 475 (by Rep. Cooper, R-Marietta), a compromise between the State Board of Nursing and the supporters of nontraditional schools of nursing, such as the online mid-career programs of Excelsior College. The Bill allows past graduates and current enrollees of nontraditional programs to finish their programs. Graduates who have had at least one year of clinical practice in another state can meet requirements for endorsements. Other graduates and new students of nontraditional programs must receive post-graduation clinically supervised experience of 350 hours, if they had previously been an LPN for three years with certain training, and 700 hours if they had previously been a medical corpsman or paramedic. The Bill also allows graduates of Georgia Technical College schools of nursing to qualify for educational requirements of the board.

House Health and Human Services Committee

Chairman Cooper (R-Marietta) led the House Health and Human Services Committee through a marathon session that passed seven Senate bills unanimously, but often with negotiated substitutes and amendments:

• SB 201, which allows a broader income tax deduction for donations to a more broadly defined cancer research fund.
• SB 163, which establishes a State coordinator for diabetes housed in the Department of Human Resources.
• SB 244, (passed by Substitute) which allows individual volunteer caretakers approved and trained by an medical doctor or registered nurse to help disabled persons with some health maintenance activities that a person would ordinarily do for himself or herself, such as changing catheters and tracheotomies. These activities in the circumstances required are not deemed the practice of nursing.
• SB 133, which extends tort immunity to some paid physicians and nurses working in free clinics.
• SB 156, which revises the powers of the Trauma Commission and engendered an extensive debate over whether out-of-state facilities would be included in the trauma network. It was noted that this could be done by Commission vote. Rep. Millar (R-Dunwoody) proposed an amendment, which was adopted, so that this Commission would report to the Governor, Lt. Governor, Speaker, and General Assembly. It also raised the question of whether a 1/4 mil of existing State property tax can be designated for trauma. The latter was Rep. Millar's (R-Dunwoody) proposal to fund trauma without having a new tax (formerly HR 162), such as found in the "super speeder" and car tag tax proposals. This proposal passed but also requires an enabling constitutional amendment resolution to be passed for the 2010 general election, to be considered next January. Sen. Staton (R-Macon), the Bill's author, and Rep. Harden spoke passionately for the Bill.
• SB 49, which originally dealt with nursing education requirements, now imposes mild restrictions of notice to a patient and doctor if a pharmacist substitutes a drug for a prescribed immunosuppressive one following organ transplants. This was a narrowed version of the limits on such substitutions that one pharmaceutical company had sought.
• SB 195, the annual licensing board code revision and contains language that generally allows licensing examinations to be conducted in sites other than in Macon. It contained technical amendments as well. It does reinforce electronic transmission of prescriptions.

House Energy, Utilities, and Telecommunication Committee

SB 30 was held in Committee today by the Chairman, in what seemed an unsuspected move by most. Chairman Parsons (R-Marietta) cited that there was a Constitutional problem with the 45 county non-attainment area that is carved out in this Bill. SB 30 relates to gasoline marketing practices, so as to provide that suppliers of automotive gasoline will be required to offer to supply gasoline distributors with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors from being blenders. Sen. Tolleson (R-Perry) told the Committee that this Legislation seeks to make sure that independent businesses can still be viable in the State of Georgia and by holding SB 30 it conveys a message to these independent businesses that they do not "need to be in the ballgame in this State. 

SB 194 revises provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains. The Legislation also places the Georgia Environmental Facilities Authority into an advisory role for those projects entered into by vendors. Sen. Chance's (R-Tyrone) SB 194 received a "do pass" recommendation from the Committee.

SR 12, by Sen. Pearson (R-Dawsonville), proposes a Constitutional Amendment that supersedes the 1976 Constitutional provision by authorizing the General Assembly to provide, by general law, for the payment of rewards to the first person or firm who puts down and brings in the first commercial oil well on land and off-shore in waters of the Atlantic Ocean, as well as the first person that puts downs and brings the first commercial natural gas well on land in this state and off-shore in waters of the Atlantic Ocean. The amount of the reward, the minimal amounts of daily production required to qualify as commercial wells, and the authority for determining whether such wells are producing the minimal amounts of production must be established by general law. SR 12 also received a "do pass" recommendation from the Committee

SR 402, presented by Sen. Shafer (R-Duluth), creates the Joint Telecommunications Comprehensive Reform Study Committee. SR 402 passed out of the Committee as a Substitute.

House Ways and Means Committee

SR 277, the Resolution by Sen. Goggans (R-Douglas), cleared the Committee today. This Constitutional Amendment would impose a motor vehicle registration fee to fund trauma. The proposal now would establish, with voter approval, a Georgia Trauma Trust Fund in the State's Constitution.

House Judiciary (Civil) Committee

The House Judiciary Committee heard Sen. Cowsert's (R-Athens and a Floor Leader for Governor Perdue) Bill, SB 108. The Committee, under the leadership of Rep. Willard (R-Atlanta), passed out the proposal which would permit a stay of discovery when a motion to dismiss is filed before or at the time of filing an answer in O.C.G.A. § 9-11-12(j). Such stay would be for 120 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner. There are some permitted instances to extend this stay included as well. Additionally, the Committee added some language from another piece of legislation.   Rep. Lane (R-Darien) had his Bill, HB 73, added dealing with the appointment, removal and substitution of special masters. His language would be inserted at O.C.G.A. § 9-11-53.

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.