Senate

The Senate Rules Committee placed 37 pieces of legislation on the Senate Floor. After an afternoon "start," the Senate finally concluded its long day around 9:30 p.m. Some legislative highlights included:

• HB 29, the Bill amending the Civil Practice Act by Rep. Jacobs (R-Atlanta), cleared by a vote of 47 to zero. The Bill deals with service and filing of pleadings subsequent to the original complaint and would permit electronic service of pleadings through the creation of a new Code Section at O.C.G.A. § 9-11-5(f). The House must now agree with the Senate changes in order not to throw this Bill into a conference committee.

• HB 49 passed with a vote of 52 to zero. It amends O.C.G.A. § 49-10-3 and the duties of the Georgia Board for Physician Workforce to permit the Board to "apply for grants and to solicit and accept donations, gifts, and contributions from any source for the purposes of studying or engaging one or more contractors to study issues relevant to medical education or implementing initiatives designed to enhance the medical education infrastructure of this state and to meet the physician workforce needs of Georgia communities."

• HB 74, the Bill by Rep. O'Neal (R-Bonaire) which updates Georgia's tax code with the federal tax law, passed 52 to zero.

• HB 115, the Legislation by Rep. Jerguson (R-Woodstock), got quite a lot of discussion. Amendments were proposed to permit Sunday Sales. After a lot of discussion on amendment proposals, the Bill was tabled with a vote of 37 to 18. In the underlying proposal, it would not prohibit a representative or salesperson of a manufacturer or wholesaler from opening a container of alcoholic beverages on the premises of a retail dealer for the purposes of providing a sampling of such alcoholic beverage product to a retail dealer or retail dealer's employee or the drinking or consumption of an alcoholic beverage product by a retail dealer or retail dealer's employee when done so for the purpose of sampling such alcoholic beverage product, provided that such sampling of alcoholic beverage products shall be done in a retail dealer's office, storage room, or other area of the premises closed to the public and in the presence of the representative or salesperson of the manufacturer or wholesaler.

• HB 127, by Rep. Lindsey (R-Atlanta), passed by a vote of 53 to zero. It enacts the Uniform Real Property Electronic Recording Act in Chapter 2 of Title 44 for deeds and other property records.

• HB 129 passed with a vote of 45 to 7, which proposes a sales and use tax exemption at O.C.G.A. § 48-8-3 (87) for a limited period of time, from July 1, 2009 through June 30, 2011, with respect to sales of certain tangible personal property used for and in the renovation or expansion of a zoological institution.

• HB 193 cleared with a vote of 47 to 4. Rep. Graves (R-Ranger) offered this legislation to give school systems flexibility in providing for a 180-day school year or the equivalent thereof. The Bill also amends O.C.G.A. § 20-2-187, relating to statewide school lunch program, instruction in nutrition, hygiene, etiquette, and social graces, and school food and nutrition, by revising the base payment calculation. Rather than calculating this on the basis of an annual number of hours (190 days multiplied by eight years), the new calculation will be based on 1,520 hours in an annual school year for a full-time equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months.

• HB 243, the Legislation by one of the Governor's Floor Leaders Rep. Pruett (R-Eastman), received a vote of 28 to 23 after being presented by Sen. Weber (R-Dunwoody). A motion was then made to reconsider the Senate's actions which received a vote of 32 to 22. The Bill amends O.C.G.A. § 20-2-212.2, present law governing the 10% salary "boost" for teachers with national board certification when those teachers work in high–needs schools. Language was added in this Bill so that "an individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly." Additionally, in the Senate Appropriation Committee's version of the Budget, it still retained a cut to the National Board Certification program of more than $5 million and would have limited this 10% increase to the base teacher salary. The House version of the Budget had actually added back the proposed elimination of the program (which was a cut of approximately $12.3 million) plus added an additional $1,450,000 for those teachers in the pipeline to get this certification.

• HB 245 cleared with a vote of 33 to 16. It limits the time that a delinquent youth may serve in a youth development center. Specifically, "on and after July 1, 2011, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days."

• HB 251 received a vote of 29 to 12. It would provide parents the option to enroll their child in another school within the local school system or in a school in another local school system.

• HB 283, by Rep. Martin (R-Alpharetta), strips out the cap of $90 for the State Bar of Georgia to charge bar applicants. The Bill passed with a vote of 44 to 5. Originally, the Bill also contained language relating to filing fees for appeals to the Supreme Court and the Court of Appeals but that language was deleted by the House Judiciary Committee.

• HB 313, by Rep. Hembree (R-Winston), passed the Senate with a vote of 43 to 4. The legislation deals with calculation of grades for HOPE scholarship qualification. It adds new language: "for students otherwise qualified and enrolling in the ninth grade for the first time during the 2008-2009 school year and thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section by equating each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language during the student's ninth, tenth, eleventh, or twelfth grade year to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale."

• HB 358, the initiative by Rep. Martin (R-Alpharetta), passed with a vote of 41 to 2. It extends the sunset date for a sales and use tax exemption from June 30, 2009 to June 30, 2011 for donations of prepared foods and beverages to a qualified nonprofit used in hunger and disaster relief.

• HB 364, by Rep. Stephens (R-Savannah), passed with a vote of 38 to 9. This legislation was brought primarily to assist Gulfstream with its purchases of extremely expensive flight simulation devices to use in training pilots. It provides a sales and use tax exemption for the purchases of this equipment for a limited period of time and which would sunset on June 30, 2011.

• HB 368, the annual "dangerous drug" Bill, passed with a vote of 50 to zero. Sen. Harp presented this initiative describing that the legislation conforms Georgia's law to federal law on those scheduled drugs.

• HB 396, the legislation by Rep. Graves (R-Ranger), was tabled after six amendments were distributed. The motion to table, by Sen. Douglas (R-Social Circle), was passed by a vote of 35 to 19. Sen. Mullis (R-Chickamauga) explained to colleagues that sometimes legislation just needed to be written on the Floor, even though the legislation had gone through the Committee process. The underlying legislation, which dealt with the issuances of drivers' licenses and their renewals and associated driving record issues, received amendments which dealt with prior convictions of driving violations; changes to how commercial drivers' licenses are issued; "secured licenses" and use of REAL ID; requiring a full legal name on applications; dealing with subsequent drug offenses; and etc.

• HB 444, by Rep. Knight (R-Griffin), passed with a vote of 52 to 2. It provides in O.C.G.A. § 48-2-62 for civil penalties and injunctive relief to be imposed on tax return preparers when preparing fraudulent tax returns. Sen. Seabaugh (R-Sharpsburg) presented this Bill to the Senate noting that more than 16,600 fraudulent Georgia tax returns are filed each year.

• HB 457 was presented by Sen. Smith (R-Rome) and passed with a vote of 55 to zero. It redefines the term "disabled adult." The initiative was brought at the bequest of advocates for Alzheimer's patients. It adds language in O.C.G.A. § 30-5-8(a)(2):" In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means 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. 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 to deny to any individual any rights or remedies which are provided under any other law." Sen. Unterman (R-Buford), a long-time champion for the elderly, applauded Sen. Smith for his efforts.

• HB 475 cleared the Senate with a vote of 52 to zero after being presented by Sen. Hawkins (R-Gainesville). This legislation revises the education requirements for nursing education programs for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse as well as those for licensed practical nurses when those nurses are educated in nontraditional nursing education programs. It requires a 350 hour postgraduate preceptorship for those LPNs who have entered these nontraditional education nursing programs and a 700 hour postgraduate preceptorship for medical corpsmen or paramedics who enter the nontraditional education nursing programs. The legislation also defines the requirements for these "nontraditional nursing education programs."

• HB 581, the Georgia Works Job Creation and Protection Act of 2009 as presented by Sen. Hudgens (R-Hull), passed 55 to zero.

• HB 614, the legislation proposing the enactment of the "Georgia Prescription Monitoring Program Act" by Rep. Cooper (R-Marietta) and carried by Sen. Shafer (R-Duluth), failed with a vote of 25 to 29. The legislation, brought by the Georgia Drugs and Narcotics Agency, raised numerous questions concerning the future use of the electronic data which was proposed to be gathered and the protection of that data by a third-party source.

• HB 667, the legislation by freshman Rep. Allison (R-Blairsville) on behalf of the Attorney General and carried by Sen. Smith (R-Rome), passed with a vote of 50 to 1. It amends the notice and fee requirement in current law concerning the acquisition of a hospital found in O.C.G.A. § 31-7-402. It specifically adds language concerning the Attorney General's requirement to retain experts (on financial, economic, health planning, etc.): "Within 30 days after notice from the Attorney General, the actual and reasonable cost and expense incurred in connection with the retention of such experts or consultants shall be paid directly to such experts and consultants by the parties to the proposed transaction in such proportionate amounts as the parties may agree or otherwise as determined by the Attorney General." Further, it strips out the current cap of $50,000 for these fees which must be paid.

House

The House has "Insisted" on the following Legislation:

• HB 277, the "Georgia 2020 Transportation Act" provides for an additional special transportation sales and use tax at the rate of 1 percent. The proceeds from the collection of this tax will be deposited into the Georgia 2020 Transportation Trust Fund created by the Legislation. Should the voters reject the 1 percent statewide sales tax, there is an opportunity to vote on an intergovernmental approach.

• HB 481 which would enact the "Jobs, Opportunity, and Business Success Act of 2009," was insisted on by the House and sent back to the Senate for consideration.

The House "Agreed" with the Senate on the following Legislation:

• HB 70 seeks to require that employees of day care centers submit to both national and State background searches prior to any employment, except where emergency temporary worker is defined. In the Bill certain terms are also clarified, specifically "Director" and "Fingerprint". Furthermore the bill requires current employees and directors of day care centers to undergo these specific background searches before June 30, 2010, as well as require that anyone who resides within a family day care center undergo the same background searches as that of an employee.

• HB 123 amends O.C.G.A. § 16-6-4, which defines the crime of child molestation. A Court of Appeals decision established that physical presence was required for a conviction of child molestation. The Bill provides that if a person exposes a child to an immoral act with the intent to arouse the sexual desires of the child or the person, and uses some electronic means of communication such as the internet, rather than being in the child's physical presence, the act is still child molestation.

• HB 126 creates the Uniform Electronic Transactions Act that establishes guidelines for electronic business practices. It further makes provisions for the use of electronic records, signatures and notarization as well as for automated transactions.

• HB 170 relates to the leasing of state owned marshland or water bottoms and changes the amount of annual rental fees from fair market value to a fixed rate of $1000 per acre.

• HB 248 establishes a Voluntary Remediation program in which property owners could utilize, with the approval and supervision of the Georgia Environmental Protection Division (EPD, registered professional engineers or registered professional geologists to formulate and implement clean up of contaminated sites on the HSRA (state superfund) list. Under these provisions, HSRA is expanded to become more efficient and effective in completing site remediation. The property owner of a contaminated site would be allowed to initiate remediation by applying to EPD with a proposed voluntary remediation plan. If the application is approved by EPD, the property owner then would implement the remediation plan, and after completion, submit a final compliance division report for EPD to review and approve. The bill provides for a $5,000 nonrefundable fee to apply for the program and lists criteria for participating in the program, and program standards and policies.

• HB 280 provides for additional compensation for teachers in mathematics or science.

• HB 308 makes technical corrections in the Georgia Limited Liability Company Act, clarifies certain provisions and makes certain provisions consistent with parallel provisions in the Georgia Business Corporations Code. The Bill provides for automatic resignation of a registered agent following the dissolution of a limited liability company; reduces the risk of an unintended dissolution of an LLC and provides that a judgment creditor shall have no right to force dissolution of an LLC.

• HB 312 incorporates provisions of the federal Secure and Fair Enforcement (S.A.F.E.) Mortgage Licensing Act of 2008 and does the following: Defines the "mortgage loan originator" as an individual who for compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan, with certain exceptions. Requires individuals desiring to engage in the business of a mortgage loan originator to obtain a license or registration and a unique identifier and requires such identifying number to be displayed on all loan application forms, solicitations, advertisements, etc. Adds relevant licensing requirements as well as provisions for renewal and revocation of such licenses. Authorizes adding mortgage loan originators to the automated nationwide licensing system and registry previously authorized by the General Assembly for mortgage brokers and mortgage lenders. Clarifies that any education provider that offers mortgage industry-related courses designed to satisfy education requirements must be approved by the Department. Clarifies and separates in relevant areas the requirements that apply to mortgage brokers and mortgage lenders and those requirements that apply to all licensees, including mortgage loan originators. Authorizes the Department to conduct investigations and examinations of mortgage loan originators and authorizes the Department to take into account Nationwide Mortgage Licensing System and Registry fees in setting appropriate licensing fees. Establishes that the prohibited acts provision and the disclosure requirements are applicable to mortgage loan originators.

• HB 315 amends Code Section 43-40-25, relating to real estate brokers and salespersons, to require additional disclosures of fees and other valuable consideration to be included on real estate transaction settlement statements.

• HB 441 provides that taxpayers who wish to expedite payment of claims for sales or use tax refunds may apply to the commissioner for an expedited refund if they file a bond that is satisfactory to the commissioner. The refund must be issued within 30 days of the date of the posting of the approved bond. This bond will be security for repayment of the refund and any applicable tax, interest, penalties, fees, or costs in the event that all or a portion of the refund is paid in error. Any assessment of such tax, interest, or penalties must be made within 3 years after the date that the refund was paid by the commissioner. Taxpayers who file sales and use tax refund claims for at least 50% more than the eligible refund amount with no reasonable basis for such excessive amount shall be subject to a penalty of 20% of the excessive amount. "Reasonable basis" may be proven using statutory provisions; proposed and adopted regulations; court cases; Attorney General opinions; and letter rulings, policy statements, and informational bulletins published by the commissioner. Treatises, legal periodicals, and legal opinions rendered by tax professionals shall not constitute acceptable authority. No penalty shall be assessed if the refund is claimed in good faith and the filing was not due to negligent disregard of the law. When all or part of the excessive amount of the taxpayer's claim for refund is based on a position which is knowingly and willingly advanced in bad faith and is patently improper, such taxpayer is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.

• HB 495 amends Code Section 15-9-4, relating to eligibility requirements for probate court judges, by providing that a probate court judge currently holding office may seek re-election despite the requirement in large population counties that a probate judge practice law. The Bill further amends Code Section 15-9-11 to provide for procedures of filling probate judicial vacancies that occur in the last year of term of office. This Bill provides that in such a case, the person assuming such judicial duties shall serve until the expiration of the term. Additionally, the Bill amends Code Section 15-9-30 relating to subject matter jurisdiction of probate courts. This Bill adds to the general jurisdiction of the court conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults.

• HB 550 relates to conversion of a mutual insurer to a stock insurer. It provides that if a life insurer, payment may be provided as a paid-up life insurance policy with a cash value equal to 100 percent of the policyholder's equity in the insurer.

The House "Disagreed" on the following Legislation:

• HB 68 requires a person legally entitled to authorize the cremation to provide the funeral establishment with a signed statement describing the specific method of disposing of such cremated remains. Allows the cremated remains to be shipped only by a method that has an internal tracking system and provides a receipt signed by the person accepting the delivery. Upon receiving the cremains the authorizing agent will be responsible for the disposition. Requires the funeral director to send a notification to the authorizing agent if within 60 days the specifications of disposition were not made and the cremated remains were not claimed. If after 30 days of the notice the instructions are still not provided by the authorizing agent this bill authorizes the funeral director to dispose of the cremated remains in a crypt or underground or store them in the funeral establishment and requires the funeral director to clearly mark and record the final resting place.

• HB 254 shortens from 90 to 30 days the time in which a due diligence search is to be conducted to locate relatives or other persons who have demonstrated an ongoing commitment to a child after the child has been removed from his or her parent(s). The bill provides that the parent supply names and addresses of other persons who might be considered as possible placements for the child and that these persons receive notice explaining their options.

• HB 261 provides a state income tax credit for the purchase of one single-family residence during the six month period following the effective date of this legislation. The amount of the credit will be 1.2 percent of the purchase price up to a maximum of $3,600 (which would be equal to 1.2 percent of a $300,000 purchase price home). In each year, the amount of the credit may not exceed the taxpayer's income tax liability or $1,200, whichever is less, and any excess or unused credit may be carried forward to apply to the succeeding two years' tax liability. Residences eligible for the tax credit include: 1) new single-family residences; 2) previously occupied residences that were for sale prior to the effective date of this legislation and are still for sale after the effective date; 3) owner-occupied residences with respect to which the owner's acquisition debt is in default on or before March 1, 2009; and 4) residences in foreclosure which are owned by the mortgagor or the mortgagor's agent. In order to receive the credit, the taxpayer must submit to the commissioner some documentation to validate the eligibility of the residence for this tax credit such as a bona fide listing agreement with a real estate agent or broker licensed in Georgia or other documentation deemed sufficient by the commissioner. However, if the taxpayer files electronically, this documentation is only required to be attached to the return if the IRS allows such electronic attachments to Georgia returns. If the IRS does not provide for the attachment of such documentation, the taxpayer must maintain this documentation and it shall be made available upon request of the Commissioner.

The House took action on the following Legislation from the Rules Calendar:

• SB 8, 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 passed 159 to zero.

• SB 20 passed the Floor of the House with opposition, 124 to 28. SB 20, by Sen. Pearson (R-Dawsonville), prohibits local governments from enacting, adopting, implementing, or enforcing sanctuary policies. A "sanctuary policy" is defined as any regulation, rule, policy, or practice that prevents local officials or employees from reporting a person's immigration status or otherwise providing immigration status information. Local governments (sanctuary cities) that violate this legislation or fail to cooperate with the federal government in reporting a person's immigration status will be subject to withholding of state funding or state-administered federal funding.

• SB 24, offered by Sen. Grant (R-Milledgeville), reinstates an article in Chapter 8 of Title 42 outlining the probations options system that lapsed on July 1, 2008. This system provides administrative sanctions to probationers as an alternative to judicial modification or revocation of probation. SB 24 passed 163 to 1.

• SB 30 allows gasoline distributors or dealers to blend their fuel with ethanol, putting more of an emphasis on alternative fuel use in the state. The Bill aims to keep more money in Georgia, create more jobs, increase competition in the marketplace, and lessen the dependence on foreign oil. Rep. May (R-Monroe) presented SB 30, authored by Sen. Tolleson (R-Perry), in hopes of stimulating competition between big oil companies and smaller Georgia-based companies. SB 30 passed 137 to 30.

• SB 38 relates to death investigations by coroners. It clarifies that the Georgia Bureau of Investigations has jurisdiction over the post-mortem examination or autopsy on persons whose death occurs on certain state property. This provides for the training of canine service dogs for the purpose of body recovery and rescue persons. Sen. Harp (R-Midland) authored SB 38, which passed 160 to zero.

• SB 55 adds factors to the list of criteria that tax assessors must use in determining the fair market value of real property for ad valorem tax purposes. It adds foreclosure sales, bank sales, or other financial institution owned sales or distressed sales of comparable real property. It also adds that the assessors must consider decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement. The Bill also extends the deadline for filing for forest land conservation use assessment for the year 2009 only. The current deadline is April 1, but the rules and regulations are still not ready; therefore applicants need more time to review these before applying. This Legislation also provides that the board of assessors must send out change in assessment notices if the value of the property increases or decreases. Currently, some counties are not sending out assessment notices if the value decreases. SB 55 passed 146 to zero.

• SB 63 will allow small private colleges in Georgia to join together and create a Limited Liability Corporation for the purpose of pooling risk as it relates to insurance benefits for employees. Sen. Hudgens' (R-Hull) Legislation passed 158 to zero.

• SB 68, offered by Sen. Murphy (R-Cumming), failed to pass the House 472 to 114. Currently, selling alcoholic beverages for consumption on the premises within 100 yards of any housing authority property is prohibited. This Bill allows counties and municipalities with the approval of the local housing authority board of commissioners to adopt a resolution that would provide an exemption from such prohibition. This Bill also adds a provision that, for the purpose of sampling, would allow a representative of a manufacturer or a wholesaler to open a container of alcoholic beverages and distilled spirits on the premises, closed to the public, of the retail dealer and allows the dealer or his employee to sample such beverage. Starting on July 1, 2009, this bill prohibits municipalities and counties to authorize the location of a new or relocation of an existing retail package liquor place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail and provides for a way to properly measure that distance. It further states that a violation of Code Section 3-4-49 will result in denial of issuance of a state license.

• SB 104 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. Additionally, this Legislation 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, authored by Sen. Wiles (R-Marietta), passed 156 to 8.

• SB 244, offered by Sen. Unterman (R-Buford), would allow certain medical acts to be performed by caregivers, instead of as in current law that stipulates that these particular acts be performed by a registered nurse. SB 244 passed 158 to zero. 

SR 690 – Sen. Stoner (D-Smyrna) offered this Resolution requesting that the Georgia Department of Transportation develop a State rail plan.

SR 705 - Sen. Mullis (R-Chickamauga) offered this Resolution to create the Senate Study Committee on the Certification of Building Inspectors and Code Enforcement Officials. If adopted, this Study would be made on or before December 31, 2009.

HB 831 – Rep. Sims (R-Ambrose) authored a new Code Section at O.C.G.A. § 50-6-33 so that if the State's auditor finds that a State department, agency, board, bureau, commission, or authority; political subdivision of the State; or local government authority has not had a timely audit performed or done otherwise as required by law, then the State's auditor must give written notice of noncompliance to that entity. Upon a failure to conduct such after 12 months of receipt of the notice, then the State Auditor must report to the Office of Planning and Budget or, in the case of a non-complying political subdivision or local government authority, to the Department of Community Affairs. Thus, that entity will not be eligible for further draws from the State's treasury or grants of State funds until that audit has been completed. Failure by a state or local government official having the direct authority and responsibility to cause the required audit to be performed within 24 months after the receipt of the notice will be deemed to be "ceasing to perform the duties of office" for the purposes of O.C.G.A. § 45-5-1.

HB 833 – Rep. Sims (R-Ambrose) authored this Bill amending Chapter 8 of Title 13 to provide that certain acts constitute unfair methods of competition and unfair or deceptive acts or practices in the production of poultry and swine. It makes requirements on "integrators" which are defined as "persons who own poultry that is produced by a contract producer or who is engaged in the business of manufacturing goods from poultry or swine, including by slaughtering or processing poultry or swine." It limits production contracts stating that they must not be less than 12 months or longer than 36 months.

HB 834 – Rep. Marin (D-Duluth) offered this revision in O.C.G.A. § 20-2-771(e) to provide that a parent or guardian of a child may exempt his or her child from immunizations on any grounds as required by the elementary and secondary schools.

HB 835 – Rep. Marin (D-Duluth) proposed amendments to O.C.G.A. § 16-11-129 to provide for the training for certain persons licensed to carry a pistol or revolver, specifically requiring that any applicant born on or after July 1, 1991 to demonstrate completion of a firearms safety training course within three years of the date of the application for a license. It outlines further how to satisfy this training requirement. It further requires in O.C.G.A. § 16-11-129(f) that if the licensee changes his or her address, then that individual must apply for a new license just as if he or she would have lost the license.

HB 837 – Rep. Crawford (D-Cedartown) offered this amendment to O.C.G.A. § 15-5-20(b) to require the Judicial Council of Georgia to include the president and president-elect of the Council of Municipal Court Judges of Georgia.

HB 840 – Rep. Collins (R-Gainesville) proposed this amendment to O.C.G.A. § 24-9-23 to change provisions relating to the confidentiality of communications between a husband and wife. Specifically, at (b) it would read:

The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-9-21 or subsection (a) of Code Section 24-9-27 shall not apply in proceedings in which:

1. The husband or wife is charged with a crime against the person of a minor child, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged;
2. The husband or wife is charged with a crime or tort against the person or property of the other spouse; or
3. An unrefuted showing is made in a criminal proceeding that the spouses acted jointly in the commission of the crime charged.

HB 842 – Rep. Franklin (R-Marietta) authored this initiative adding a new Code Section at O.C.G.A. § 2-1-6 to preempt local ordinances relating to the production of agricultural or farm products and specifically prohibits a county, municipality, consolidated government or local government authority to require a permit for the growing or raising of food crops or chickens, rabbits, or goats (in certain places – home gardens or community or cooperative gardens for instance).

HB 843 – Rep. Jacobs (R-Atlanta) teamed with Rep. Knox (R-Cumming) to offer revisions to Title 33 to extensively revise requirements for continuing care providers and facilities. Continuing care would now mean "furnishing pursuant to an agreement lodging in which a resident lives independently, food, and nursing care whether such care is provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Personal services provided, if any, shall be designated in the continuing care agreement. Agreements to provide continuing care include arrangements to provide care for any duration, including arrangements that are terminable by either party." It adds in O.C.G.A. § 33-45-2 that a "facility which charges a resident an entrance fee for lodging in which a resident lives independently and for certain services which do not constitute continuing shall not call itself nor be considered a provider of continuing care, but such facility shall otherwise be subject to the requirements imposed upon the providers and facilities regulated by this chapter." The proposal also includes what requirements the provider has in the disclosures made to the residents of the facility in O.C.G.A. § 33-45-6(b). In O.C.G.A. § 33-45-9, it requires at the point of execution of a contract to provide continuing care or at the time of, or prior to, the transfer of any money or other property to a provider by or on behalf of a prospective resident, the provider is required to deliver a current disclosure statement (which has to include the name and business address of the provider, officers/directors, description of the business, etc.). Other requirements are necessary if the facility is in a state of being proposed or developed.

HR 821 – Rep. Cox (R-Lawrenceville) proposed this Resolution urging the United States Congress to adopt the "Fair Tax Act."

HR 843 – Rep. Dempsey (R-Rome) proposed this House Study Committee on Autism. This Study would look at autism insurance coverage and identify its shortcomings and gaps with regard to providing autism services to all Georgians and study the optimum means to address those issues. It would be composed of five members from the House, appointed by the Speaker of the House of Representatives. The Committee would stand abolished on December 31, 2009.

 Senate Appropriations Committee

Sen. Jack Hill (R-Reidsville) convened a meeting of the Senate Appropriations Committee this morning, passing out its version of the FY 2010 Budget, HB 119. Sen. Hill remarked about the revenue shortfall and the federal stimulus money which would impact the next two years' budgets, tying those together. There are $1.5 billion in agency cuts in the proposal with no new taxes. Sen. Hill indicated that the Committee had worked to prudently use the stimulus money and continue to shrink State government. He thanked publicly Sen. Seabaugh (R-Sharpsburg), who held study committee meetings last summer looking at the Best Value in Government. Sen. Seabaugh's work provided opportunities so that duplicative services could be eliminated or combined. Sen. Hill remarked that "hard decisions" were made with this proposal.

Key themes were addressed in prioritizing the Budget:

1. Protect the public;
2. Protect Georgia's most vulnerable (Medicaid recipients, children, the disabled, the elderly and the mentally ill); and
3.  Protect education.

Major Funding Restoration Areas

Healthcare and Human Services

It was explained that, in total, the Department of Community Health received approximately a 6% cut while the Department of Human Services took a 7% cut.

• Agreed with the House version to restore the 10% cuts in Medicaid reimbursements to Georgia's hospitals and 6% Medicaid provider cuts (as well as PeachCare Program).

• Provide $140 million to plug the Medicaid shortfall.

• Agreed with the House version to fund $2 million to federally qualified health centers (The Governor had proposed cutting this entirely and the House had restored the $2 million).

• Restored $250,000 to the cut of $500,000 (as proposed by Governor) to the Southeastern Firefighter's Burn Foundation Grant.

• Provided additional $11.6 million in increased funds by recognizing the Certificate of Need penalties and interest per O.C.G.A. § 31-8-153.1 in the Indigent Care Trust Fund.

• Proposed recognition of approximately $8.7 million in additional savings in State funds from fraud and abuse recoveries in the Aged, Blind and Disabled Medicaid Program through passage of SB 165. Also proposed $1.4 million savings in State funds in the Low Income Medicaid Program through SB 165.

• Proposed even more money for nursing homes for fair rental value (this had been proposed as $7 million by the House, and the Senate has now proposed approximately $9.4 million in the Aged, Blind and Disabled Medicaid Program).

• Reduced by $3.8 million in State funds for "savings" by relocating 10% of the long-stay ventilator patients out of acute care settings and into skilled nursing facilities within the Aged, Blind and Disabled Medicaid Program.

• Reduced $1 million from summer camps in the Adoption Services Program.

• Agreed with Governor to cut $1 million (rather than House proposal of a cut of $500,000) from outdoor therapeutic programs through elimination of contracts with Westcare Georgia and River Edge Community Service Board which provide specific treatment services and interventions for methamphetamine addiction in seventeen counties.

• Provided $2.5 million for mental retardation waiver program (135 slots).

• Restored $91,676 cut from Behavioral Health Link contract for providing Georgia Crisis And Access Line in Adult Mental Health Services Program.

• Restored $100,000 to Governor's proposed $200,000 reduction to Matthew Reardon Center.

• Agreed with Governor and House on proposed $3 million deferral of funds for projected Medicaid rate increases under the Child and Adolescent Mental Health Services Program.

• Restored $2.9 million in State money for Alzheimer services and respite contracts for adult day care, homemaker, and personal care

• Proposed $23 million for increased funds for the Georgia Trauma Network Commission with funds raised from additional license reinstatement fees from drivers who violate speed limits excessively or repeatedly violate traffic laws. (Originally, the Governor had proposed using $37 million from provider fees as well as the super speeder legislation; the House had proposed reflecting the $23 million super speeder revenue and increasing funds (State funds) of $10 million with a transfer of 11% of trauma appropriation to the Department of Community Health to provide EMS with a rate increase to cover uncompensated care.)

• Restored money for domestic violence centers ($200,000) and rape crisis centers ($100,000) around Georgia in the Family Violence Services Program (rather than cuts of $815,000 and $635,000, respectively).

• Provided for a split of 75/25 for State Health Benefit Plan participants, including new incentives for State employees to make shift to consumer-driven health plans.

• Added, like the House, $2 million from funds from the American Recovery and Reinvestment Act of 2009 for food stamp caseload growth in the Food Stamp Eligibility and Benefits Program.

• Added back $2 million reduction proposed to Child Placing Agency case management rate for the lowest three levels of care in Out-of-Home Care Program.

Education

• Provided $29.1 million for school nurses (keeps a $900,000 cut whereas the Governor had proposed cutting all $30 million from the Program).

• Addressed 10% salary boost needs for National Board Certified Teachers by adding back more than $7 million (but it limits this increase to 10% of the base teacher salary).

• Restored cut of $120,337 for children's educational instruction in residential treatment facilities in State care.

• Added $6 million for special needs scholarships.

• Added $1.8 million for charter school systems (for instance, the Governor had cut $260,000 from one-time funds received in HB 990 for Charter School Commission expenses; reduced the planning grants by $25,000, and eliminated $625,000 for implementation grants and the House had restored some money in each of those areas. The Senate proposed only a cut of $120,000 in the one-time funds for start up expenses; restored fully the planning grant reduction; and agreed with the $625,000 reduction for implementation grants.). It took the House version with the $1.75 million for charter systems grants through the Quality Basic Education program.

• Added $1.1 million for additional 2,000 courses for Georgia Virtual Schools.

• Agreed with the Governor to cut Governor's Honors Program by $75,000 but added a participant "fee" of $250 so that this money would reduce their needs by $172,000.

• Agreed with House to reduce school nutrition by 3% for a total of approximately $1.2 million.

• Reduced school transportation costs by $5.1 million (a 3% reduction).

• Increased money for "dual enrollment courses") in the amount of $1.39 million (which is what the Governor proposed while the House proposed only $761,613).

• Agreed with Governor on the transfer of funds and activities for Math and Science Mentors and Teacher Success/Class Keys from the Academic Coach Program of $2.88 million. (The House agreed to transfer only $257,500 for the Teacher Success/Class Keys.)

Economic Development

• Added $3.1 million for tourism to help promote Georgia's parks.

• Included $3.5 million for research in Bio-Refineries and Georgia's Traditional Industries Program (forestry, textile, and biomass industries).

• Restored $300,000 to the proposed $411,288 cut to the Georgia Medical Center Authority.

• Agreed with Governor to cut the Georgia Music Hall of Fame Authority ($68,246) and Georgia Sports Hall of Fame Authority ($63,032).

Public Safety

• Added $6 million for new beds for a private prison.

• Restored money for Regional Crime Labs in Moultrie, Columbus, and Summerville.

• Restored $100,000 from proposed reduction of funds (originally $500,000 reduction) and deferral of Local Law Enforcement and Fire Services Grant Program.

• Proposed using $483,000 in funds to replace 23 trooper vehicles with more than 135,000 miles by using Edward Byrne Memorial Justice Assistance Grant rather than State funds (as House proposed).

• Proposed an approximate $1.3 million reduction to the Troop J Specialty Units (Safety Education Unit).

Board of Regents

• Agreed with Governor on $5 million reduction from Capital Seed Fund in Advanced Technology Development Center/Economic Development Institute.

• Eliminated ICAPP Health Funds of $820,055 rather than a reduction of $82,006 as Governor and House proposed in Public Service/Special Funding Initiatives. Restored $27,430 in the proposed reduction of funds from ICAPP Health to collect data on nursing educators.

• Reduced by approximately $5.7 million funds from the Medical College of Georgia Mission Related Research Activities in Public Service/Special Funding Initiatives Program. The Governor and House had proposed only a cut of $268,900 in this.

• Added $2 million, like the House, for library books and additional faculty to accommodate growing enrollment at Georgia Gwinnett College.

• Increased funds by $1.5 million, like the House, for Food Processing/Research Initiative of the Traditional Industries Program within the Research Consortium Program.

• Eliminated the Institute of Higher Education with a savings of $2.2 million (the Governor and House had proposed a reduction of only $223,142 to this in the Teaching Program.

• Proposed a $1.2 million reduction from the Early College Program within the Teaching Program.

Transportation

• Proposed a $2.8 million reduction in State funds for general airport aid statewide within the Airport Aid Program (the House actually added $5.2 million to this initiative).

• Added $19.4 million in State motor fuel funds for increased funds for State fund construction – most needed and added $17.4 million in State motor fuel funds for State fund construction – off system.

• Reduced $200,000 in Ports and Waterways Program eliminating two positions and operations and transferring remaining funds to the Georgia Ports Authority for dike and harbor maintenance and mosquito control.

• Added $189 million from State motor fuel funds for increased funds for Capital Outlay for road construction and enhancement projects within State Highway System Construction and Improvement Program.

The Senate also encouraged more agencies to be "self sufficient." Some of those areas included:

• Parks, lodges, and golf courses (saving approximately $4 million).

• GBI is to increase charges for criminal background checks provided to private entities (saving approximately $2 million).

• State Purchasing, using P-Card and other revenue (saving approximately $3.3 million).

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.