Lawmakers Set Schedule for Remainder of Session

Some highlights from the last two days at the Capitol include:

On Wednesday, Sen. Hill (R-Reidsville) presented HB 118, the FY 2009 Amended Budget, to Senate Colleagues. Many "cuts" were restored in this proposal with moneys coming from the Federal Stimulus Package. Homeowners Tax Relief was included in the Budget which the Senate passed by a vote of 49 to 2.

Also on Wednesday afternoon, Sen. Shafer (R-Duluth) brought up Sen. Harp's (R-Midland) withdrew SB 16, the "Sunday Sales of Alcohol." Sen. Harp stated that he would "live to see another day" with this fight.

Also on Wednesday, SR 452 was presented by Sen. Johnson (R-Savannah). Many Democrats were "outraged" by the Resolution's contents – Sen. Brown called it "trash." Are Members of the Senate violating their oath and the rules of the Senate? This was a question that Sen. Johnson raised. Sen. Stoner (D-Marietta) stated that you are "guilty until proven innocent."

Yesterday, the Senate cleared way for the Transportation planning and powers of the State to be overhauled by voting 30 to 25 a piece of legislation that would eliminate the current Department of Transportation and create a new State Transportation Authority which would answer directly to the Governor, the Lieutenant Governor and Speaker of the House. This initiative, known as SB 200 or the "Transforming Transportation Investment Act," comes in the wake too of the recent dismissal of the Commissioner of Transportation, Gena Evans. The vote on SB 200, authored by Sen. Williams (R-Lyons) was not necessarily an easy one and brings into question the power issues, pitting rural versus urban and Republican versus Democrat in the House. In this proposal, the Georgia Regional Transportation Authority and State Road and Tollway Authority would be combined with this new entity. "Medicine is needed for DOT but not sure if this is the right medicine," as stated by Sen. Fort (D-Atlanta). Three hours worth of hearing were held on this idea but many were questioning whether this amount of discussion was enough for such a large State agency.

On Thursday, Lawmakers also voted to create a new "schedule" for the remainder of the Session. Crossover day remains on March 12, 2009, meaning that all Bills beginning in the House or Senate must cross to the other body on that date to remain alive for this Session. Day Thirty-Nine will be on April 1, 2009 and Day Forty will be April 3, 2009.

Floor News

March 4, 2009

Senate

Some of the actions taken on the Senate Floor were:

SB 124, by Sen. Heath (R-Bremen), passed by a vote of 53 to 1. It amends Georgia's open records laws and prohibits the disclosure of Social Security Numbers.

SB 131, by Sen. Hamrick (R-Carrollton), passed by a vote of 47 to 1. It is the comprehensive rewrite of Georgia's Trust Code. The State Bar of Georgia worked on this initiative for three years.

SB 136, by Sen. Douglas (R-Social Circle), passed by a vote of 45 to 6. It requires compliance with the U.S. Immigration and Customs Enforcement Rapid Removal of Eligible Parollees Accepted for Transfer. An amendment was offered which was adopted.

SB 141, by Sen. Hamrick (R-Carrollton), also passed by a vote of 53 to 1. Several hearings were held on this Bill to look at property foreclosures and deficiency judgments. It addresses filing requirements, requiring 30 days to file without a fee. The last day for filing is 90 days.

SB 163, by Sen. Balfour (R-Snellville), passed by a vote of 54 to zero. It authorizes the Commissioner of the Department of Human Resources to appoint a Statewide Diabetes Coordinator. An amendment was offered by Sen. Smith (R-Rome) clarifying that this repository of information would not impede any private initiatives such as clinical drug trials and other research initiatives on this disease. The amendment was adopted.

SB 178, by Sen. Moody (R-Alpharetta), passed by a vote of 50 to zero. It extends the capital outlay program for Georgia's schools.

SR 263, by Sen. Unterman (R-Buford), also passed by a vote of 50 to zero. It urges the President and the United States Congress to provide support to strengthen Georgia's public health infrastructure.

HB 212, by Rep. Burkhalter (R-Johns Creek), passed the Senate with a vote of 47 to 5. Sen. Balfour (R-Snellville) carried this initiative for the airlines in an effort to extend the current sales and use tax exemption. Only the first 1.8% is exempted from the 4% tax. Sen. Seay (D-Riverdale) originally offered some amendments but they were withdrawn (one dealt with making this exemption conditional upon whether any airline executives were given stock; if so, the exemption would be rescinded).

House

A number of Bills were before the House. Some highlights of their work included:

HB 127, by Rep. Lindsey (R-Atlanta), passed by a vote of 154 to 1 to enact the Uniform Real Property Electronic Recording Act.

HB 221, by Rep. Willard (R-Sandy Springs), cleared by a vote of 130 to 3 to "provide that no writ of mandamus or writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied."

HB 280, by Rep. Coleman (R-Duluth), for additional compensation for teachers in mathematics or science under certain conditions under the "Quality Basic Education Act."

SB 83, carried by Rep. Lindsey (R-Atlanta) in the House for Sen. Rogers (R-Woodstock), cleared. This Bill proposes the "Index Adjusted Homestead Exemption" which provides a homestead exemption in the amount of $2,000.00 of the assessed value of a homestead in Georgia with respect to all ad valorem taxes for all residents of the State. It received a vote of 98 to 63; on March 5, the House took a vote to reconsider its actions, which received a vote of 97 to 50.

March 5, 2009

Senate

The Senate Rules Calendar:

The Budget was the big item on the Floor, HB 118.

The Senate voted to pass SR 291, by Sen. Thomas (R-Dalton), 51 to zero. It urges the President and the Congress to support legislative efforts to enact the "National Childhood Brain Tumor Prevention Network Act of 2009."

SR 304, passed 51 to zero, Sen. Pearson's (R-Dawsonville) Resolution which urges the "United States Fish and Wildlife Service to conduct further scientific study in the Etowah River Basin, to perform the mandatory five-year review of all federally listed species, and to develop an Environmental Impact Statement before further review of the Etowah Aquatic Habitat Conservation Plan."

SB 200, as noted above, cleared the Senate by a vote of 30 to 25. It now makes its way to the House for its consideration in transforming Georgia's transportation funding and policy making ways.

SB 144, by Sen. Shafer (R-Duluth), passed the Senate 49 to zero. It repeals the current requirement that an applicant for an insurance agent's license is to be appointed an agent by an authorized insurer prior to issuance of a license. It also proposes to prohibit a licensed managing general agent from charging a fully earned policy fee in connection with the issuance of an insurance policy, unless that fee is a part of the insurer's rate filing. That fee cannot exceed $25.00.

SB 198, which amends O.C.G.A. § 12-9-46(a), passed 53 to zero. It amends the powers currently held by the Board of Natural Resources to regulate air quality in non-attainment areas and proposes that the costs be covered by the fee charged by emission inspection stations would be required to include the activities of the director of the Environmental Protection Division necessary to achieve compliance with State and federal clean air laws.

House

Open Rule

HB 68, by Rep. Sims (R-Ambrose) concerning the disposition of cremated remains by funeral establishments and crematories, passed by a vote of 154 to zero.
HB 147, by Rep. Talton (R-Warner Robins), also passed by a vote of 152 to zero. This initiative deals with relieving the surety from liability in bond or recognizances.
HB 184, by Rep. Frazier (D-Hephzibah), passed by a vote of 155 to one. It requires couples to be provided when they apply for marriage licenses information about sickle cell disease.
HB 244, by Rep. Pruett (R-Eastman), passed by a vote of 154 to 4. It changes the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority.
HB 308, by Rep. Ralston (R-Blue Ridge), cleared this Bill with a vote of 156 to zero. It makes some "technical corrections" to Georgia's Limited Liability Company Act.
HB 464, by Rep. Reece (D-Menlo), passed by a vote of 154 to 5. It will now make additional deductions from an inmate's account for medical costs.
HB 465, by Rep. Maxwell (R-Dallas), passed by a vote of 155 to zero. It requires the Composite State Board of Medical Examiners to pay an employer contribution for each person who becomes a member of the fund.
HB 476, by Rep. Maxwell (R-Dallas), also passed by a vote of 152 to zero. It amends current law governing the retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, to specifically provide that certain provisions relating to continued employment or reemployment will not apply to certain members (individuals who become members on or after July 1, 2009).
HB 477, by Rep. Maxwell (R-Dallas), passed with a vote of 159 to zero. This was another change to Georgia's retirement law and the establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service. It removes a requirement that an application for certain creditable service be made within a certain period (not later than six months from resuming employment).
HB 514, by Rep. Collins (R-Gainesville), cleared with a vote of 159 to one. It provides for the assignment of senior judges. Now, civil case, which involve a challenge to the constitutionality of any State statute or State action, with the exception of habeas corpus actions, are prohibited from being assigned to a senior judge; "provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status."

Modified Open Rule

HB 528, by Rep. McCall (R-Elberton), passed by a vote of 152 to one. It will developers to provide audits to homeowners in certain circumstances.

Modified Structured Rule

HB 56, by Rep. Willard (R-Sandy Springs), passed by a vote of 139 to 16. It amends current law relating to joint county and municipal sales and use tax and the procedures and requirements regarding the renegotiation of distribution certificates as well as provisions regarding failure to file a new certificate.
HB 207, by Rep. Sims (R-Ambrose), redefining the term "off-road vehicle" so as to exclude government vehicles or those vehicles used for agricultural purposes. It passed 149 to 14.
HB 278, by Rep. Ramsey (R-Peachtree City), passed by a vote of 147 to 6. It waives certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction under Georgia's "Quality Basic Education Act."
HB 329, by Rep. Golick (R-Smyrna), passed by a vote of 156 to 1. It amends O.C.G.A. § 42-8-34.1 providing that the commission of a misdemeanor offense in another state which would be a felony in Georgia will be required to be treated the same as the commission of a felony offense in Georgia for the purposes of probation revocation.

Structured Rule

HB 63, by Rep. Ehrhart (R-Powder Springs), cleared 139 to zero. It repeal in its entirety Chapter 44 of Title 36, the "Redevelopment Powers Law," and proposes new law in its place.
HB 171, by Rep. Manning (R-Marietta), passed 156 to zero. It would provide that public disclosure is not required for certain personal contact information of individuals obtained by a local government. Specifically, "records that would reveal the names, home addresses, telephone numbers, security codes, e-mail addresses, or any other data or information developed, collected, or received by counties or municipalities in connection with neighborhood watch or public safety notification programs or with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection."
HB 304, by Rep. Porter (D-Dublin), passed 144 to zero. It changes certain provisions regarding appraisers and assessors going upon property in the performance of their duties and specifically requires written or other reasonable notice to be given prior to entering the property.

New Legislation

SB 233 – Sen. Stoner (D-Marietta) proposed new language to amend Chapter 11 of Title 31, relating to emergency medical services. According to this language, the Board shall administer or approve an examination for purposes of certifying and recertifying emergency medical technicians which measures competency directly related to the scope of practice for emergency medical technicians as established by the Board. This examination must be approved no later than July 1, 2010.

SB 235 – Sen. Pearson (R-Dawsonville) authored changes to Chapter 1 of Title 51, relating to general provisions regarding torts. This new language prohibits requiring a person to be implanted with a microchip. "Microchip" means any microdevice, sensor, transmitter, mechanism, electronically readable marking, or nano technology that is passively or actively capable of transmitting or receiving information. This definition shall not include pacemakers.

SB 238 – Sen. Harp (R-Midland) offered new language to amend Part 5 of Article 7 of Chapter 3 of Title 20, relating to Board of Regents' scholarships, authorizing certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia. This change gives the Board of Regents specific authority to grant financial assistance to medical and dental students at the Medical College of Georgia in the form of service cancelable loans to cover a portion of tuition costs.

SB 239 – Sen. Ramsey (D-Decatur) authored changes to Part 1 of Article 16 of Chapter 2. SB 239 would require new residents in a local school system to enroll a child in school within 30 days. School systems will also be required report to the appropriate enforcement agency when a child has accumulated 25 days of unexcused absences. If a parent fails to enroll their child in the new school system within 30 days, they can be guilty of a misdemeanor, a fine of no more than $100 and up to 30 days in jail

SB 241 – Sen. Fort (D-Atlanta) proposed changes to Article 2 of Chapter 9 of Title 42, relating to grants of pardons, paroles, and other relief. This change would make all information received by members of the Board of Pardons and Paroles open records. Transcripts of the hearings shall also be public.

SB 244 – Sen. Unterman (R-Buford) authored changes to O.C.G.A. § 43-26-3, relating to the "Georgia Registered Professional Nurse Practice Act." This change prevents this Act from prohibiting the performance of health maintenance activities by a designated caregiver for an individual at the direction of such individual. "Health maintenance activities" means those activities which enable an individual with disabilities to live as independently as possible in a home and community of his or her choice and include those specialized procedures, beyond activities of daily living, which the individual would perform himself or herself if he or she were able and which the attending physician or registered professional determines can be safely performed in the home by a designated caregiver as directed by the individual.

SB 245 – Sen. Thomas (R-Dalton) authored an amendment to Article 1 of Chapter 24 of Title 33, relating to insurance. Under this change, insurance companies offering health benefit plans that cover cancer chemotherapy shall provide coverage for orally administered cancer medication. The treatment shall be prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells on a basis no less favorable than intravenously administered or injected cancer medications that are covered as medical benefits.

SB 246 – Sen. Balfour (R-Snellville) proposed changes to Part 5 of Article 1 of Chapter 11 of Title 15, relating to arrest and detention to provide notice of the release of a child from detention. If a child accused of a violent delinquent act is detained pending adjudication as provided by Code Sections 15-11-46.1 and 15-11-47, the Department of Juvenile Justice shall provide notice to the victim that such child is to be released from detention not less than 24 hours prior to such child's release from detention. Notification shall not be required unless the victim has expressed a desire for such notifications.

SB 247 – Sen. Orrock (D-Atlanta) proposed changes to Part 1 of Article 1 of Chapter 2 of Title 8, which would enact the "New Home Access Act." This Act would require new at-grade residential structures to include certain accessibility features, in order to try to keep individuals in their home longer. Among the list of requirements for the homes, at least one exterior door shall be 32 inches wide and each interior door shall be at least 32 inches wide.

SB 248 – Sen. Shafer (R-Duluth) offered an amendment to Chapter 13 of Title 16, which would enact "Georgia Prescription Monitoring Program Act." The Pharmacy Board would be charged with establishing a program for the monitoring of prescribing and dispensing of all Schedule II, II, IV, or V controlled substances. The following language identifies the guidelines, inserted at §16-13-124:

(b) Each dispenser shall submit to the board by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance. The information submitted for each prescription shall include, but not be limited to:

(1) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility identification number;

(2) Date prescription filled;

(3) Prescription number;

(4) Whether prescription is new or a refill;

(5) National Drug Code (NDC) for drug dispensed;

(6) Quantity dispensed;

(7) Number of days' supply of the drug;

(8) Patient's name;

(9) Patient's address;

(10) Patient's date of birth;

(11) Approved prescriber identification number;

(12) Date prescription issued by prescriber; and

(13) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the board.

(c) Each dispenser shall submit the information in accordance with transmission methods and frequency requirements established by the board but no less often than weekly and shall report, at a minimum, prescriptions dispensed up to the day prior to data submission.

(d) The board may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the board. Such waiver may permit the dispenser to submit prescription information by paper form or other means, provided all information required in subsection (b) of this Code section is submitted in this alternative format subject to the frequency requirements of subsection (c) of this Code section. Requests for waivers shall be submitted in writing.

SB 250 – Sen. Harmick (R-Carrollton) authored changes to Article 27 of Chapter 2 of Title 20, relating to prohibited acts relating to pubic schools. This change makes it unlawful for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education.

HB 358 – Rep. Martin (R-Alpharetta) offered amendments to O.C.G.A. § 48-8-3, relating to the exemptions from sales and use taxation, so as to extend the periods of exemption for use o food for hunger relief purposes and use of food donated for disaster relief purposes. This would change the sunset on this exemption from June 30, 2009 to June 30, 2011.

HB 364 – Rep. Stephens (R-Savannah) proposed an amendment to O.C.G.A. § 48-8-3, relating to exemptions from sales and use taxes. This Bill provides an exemption for sales and use taxes for airplane flight simulation training devices. This exemption would remain in effect until July 1, 2011.

HB 482 – Rep. Graves (R-Ranger) offered changes to Part 1 of Article 2 of Chapter 5 of Title 48, relating to exemptions from ad valorem taxation. This legislation would exempt all tangible personal property constituting the inventory of a business from state ad valorem taxation. The estimated fiscal note attached to this legislation is $2.12 million.

HB 655 – Rep. Smith (R-Columbus) authored the following legislation which amends Article 2 of Chapter 7 of Title 48. This Legislation would exclude net capital gains from state taxable income of corporations and individuals. These gains would still be subject to federal income taxation.

HB 656 – Rep. Barnard (R-Glennville) offered changes to Chapter 34 of Title 33, providing that religious organizations meeting certain requirements may qualify as a self-insurer for motor vehicle liability insurance for all motor vehicles registered in this state that are owned or leased by members of such religious organization that obtains a certificate from the Insurance Commissioner.

HB 661 – Rep. Mitchell (D-Stone Mountain) authored language amending Chapter 13 of Title 3, relating to the sale of alcoholic beverages by Regional Economic Assistance Projects. A retail license for off-premise consumption for a developer, owner, or operator of a Regional Economic Assistance Project is permitted under this change.

HB 663 – Rep. Ralston (R-Blue Ridge) proposed changes to Chapter 1 of Title 41 and Chapter 1 of Title 51, relating to general provisions relative to nuisances and torts. New language is inserted in § 41-1-2 as follows:

Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. Nothing contained in this chapter shall be construed to create or include within the definition of a public nuisance any cause of action in which it is alleged that a manufactured product unreasonably interferes with a right common to the general public. A private nuisance is one limited in its injurious effects to one or a few individuals.

HB 667 – Rep. Allison (R-Blairsville) authored amendments to Article 15 of Chapter 7 of Title 31, relating to hospital acquisition. New language is added as follows:

The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. Within 30 days after notice from the Attorney General, the 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; provided, however, that the parties to the proposed transaction shall not be required to pay any portion of such cost and expense that exceeds a total amount of $75,000.00.

HB 668 – Rep. Sheldon (R-Dacula) proposed changes to Part 2 of Article 16 of Chapter 2 of Title 20. This change allows local boards of educations to reassign a bullying student to another school to separate the student from his or her victim.

HB 673 – Rep. Lucas (D-Macon) offered changes to O.C.G.A. § 50-17-53, prohibits financial institutions which charge a fee for cashing a check drawn on such institutions from being eligible to serve as a state depository.

HB 674 – Rep. Smyre (D-Columbus) proposed an amendment to O.C.G.A., relating to the regulation of bingo games operated by nonprofit organizations. This changes removes the limits on the amounts of prized which may be awarded in such games.

HB 680 – Rep. Mangham (D-Decatur) offered an amendment to Park 3 of Article 6 of Chapter 2 of Title 20. This Legislation would provide that the Department of Education shall develop a model program for providing instruction and training in the performing arts. The Department shall develop this model no later than December 31, 2009.

HB 681 – Rep. Byrd (R-Woodstock) authored an amendment to Article 5 of Chapter 4 of Title 26, relating to prescription drugs and the substitution of generic drugs. A new Code Section 26-4-81.1 is inserted, prohibiting the substitution of anti-epileptic drugs.

HB 702- Rep. Carter (R-Pooler) authored changes to Article 8 of Chapter 5 of Title 16, relating to the protection of elderly persons, so as to provide that the offense of cruelty to a person 65 years of age or older includes the exploitation of a disabled adult or elder person.

HB 704 – Rep. Mangham (D-Decatur) proposed the following legislation which amends Article 3 of Chapter 2 of Title 20, relating to local boards of education. HB 704 would require each board of education beginning with the 2010-2011 school year to require students in kindergarten through twelfth grade to wear school uniforms.

SR 456 – Sen. Mullis (R-Chickamauga) authored the following Resolution which would create the Senate Study Committee on A Blood Pressure Down Shift Program. In cooperation with the Department of Driver Services a customized program would be developed to identify health risks in potential and current commercially certified drivers and create new guidelines for obtaining or renewing a commercial license which will include health risks of the applicant.

SR 476 - Sen. Goggans (R-Douglas) offered the following Resolution, which would create the Senate Study Committee for Advance Directives Assessment, Planning, and Oversight. This Resolution cites the absence of a data base that registers individuals advance directives for health care in Georgia poses a significant obstacle to the medical community to follow a patient's end-of-life decisions.

SR 506 – Unterman (R-Buford) offered the following Resolution creating the Senate Study Committee on Mental Health Continuum Care. The Resolution cites that the commercial sexual exploitation of minors is often precipitated by undiagnosed mental health issues. In the interest in protecting Georgia's youth, the Resolution states that it is fitting and proper to investigate and examine the services available across the public and private sectors capable of recognizing and treating mental health issues in minors.

HR 562 – Rep. Harbin (R-Evans) authored an urging resolution to encourage all Georgians to be aware of blind pedestrians and their rights and directing the Department of Driver Services to review and assess their current efforts to inform new and experienced drivers that persons with visual impairments have the right of way at all times.

HR 563 – Rep. Stephens (R-Savannah) proposed an amendment to the Constitution at Article V, Section I. This amendment would change the term of the Governor from four years to six years and prohibit the Governor from succeeding himself or herself.

HR 566 – Rep. Geisinger (R-Roswell) proposed an amendment to the Constitution inserting Section IA at Article VII authorizing the imposition, collection, and disbursement of state title fees on motor vehicles pursuant to prior or subsequently enacted general law. These fees may be in lieu of such taxes as determined by such general law.

HR 567 – Rep. Neal (R-Lafayette) proposed an amendment to the Constitution at Article I, Section II, Paragraph VII. This amendment would allow for the Constitution to be amended in a manner consistent with the United States Constitution so as to prevent discrimination in the pubic funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provisions of such services.

Committee News

Senate Health and Human Services Committee

Sen. Balfour's (R-Snellville) Bill, SB 201, passed out unanimously. It proposes to permit voluntary contributions through individual income tax returns and other mechanisms for all types of cancer research. Currently, the law only permits contributions for breast, cervical and prostate cancer research.

Rep. Channell (R-Greensboro) presented HB 49 which revises the law relating to the powers, duties and responsibilities of the Georgia Board for Physician Workforce. This Bill also passed unanimously. It is anticipated that Sen. Greg Goggans (R-Douglas) will shepherd this initiative through the Senate.

Senate Rules Committee

On March 5, 2009, the Senate Rules Committee not only set their Rules Calendar, but also took up the following:

SR 452, which proposes to change the Senate Rules was presented. Sen. Johnson (R-Savannah) discussed this idea which would require two-thirds vote by the Senate to be adopted. Sen. Johnson. The proposal reads:

Senators and the Secretary of the Senate shall make timely and satisfactory payment of taxes and other financial obligations owed to the United States and state and local government. Notwithstanding the provisions of Rule 1-4.10, a complaint alleging a violation of this subsection may be filed by the state revenue commissioner

It is about taxes which are owed and finally adjudicated. Sen. Johnson indicated that the continual nonpayment of taxes is misconduct and should result in expulsion and fines. If passed, it would apply to the Secretary of the Senate and Senators. The Department of Revenue would notify the Ethics Committee when taxes are due by an individual and a review would be undertaken to look for justification; an open forum for discussion would be held later if found to be justified. The Department would have subpoena powers for persons and records. At this meeting, Commissioner of Revenue Bart Graham presented information on those General Assembly Members who were delinquent in payment of their taxes. After some discussion an amendment, the Resolution passed out of the Committee.

SR 327 presented by Sen. Pearson (R-Dawsonville). The Resolution passed. It affirmed the states' rights based on Jeffersonian principles.

SB 27, offered by Sen. Bulloch (R-Ochlocknee), to create Confederate Heritage and History Month. The Committee agreed to pass this initiative forward.

Senate Regulated Industries Committee

On Wednesday, in a very packed hearing room on the Capitol's fourth floor, SB 16, the Sunday sales of alcohol legislation, was anticipated to be brought up for a vote. In a surprise maneuver by the Bill's author, Sen. Harp (R-Midland), SB 16 was withdrawn. Sen. Harp indicated that he would live another day for the fight and later relayed that there were not enough votes to move the legislation along in the process.

Also on the agenda were a few other bills. Among those was SB 82, presented by Sen. Unterman (R-Buford). Sen. Unterman indicated she first began work on this issue in June of last year. Since that time, seven concessions were made in an original round of discussions and most recently, an additional three concessions were made. The opponents of this Bill did not like fingerprint requirements. Thus, the fingerprinting requirements are no longer contained in the Bill. Also, she removed the "minors" from their inability to sell products-like Boy Scouts collecting aluminum cans and selling them. Finally, the last concession made dealt with the ability to receive cash; now, persons who sell the metals may get $100 in cash. Over that amount, then entities making the purchase must write a check for products. Local law enforcement inspections remain in the Bill, using a standardized form much like that used in Florida which should aid law enforcement. Georgia is fifth in the nation in terms of the numbers of crimes involving metal theft. Atlanta also ranked high in terms of numbers of crime.

At this hearing, Sen. Untermans noted that neither side had seen this most recent version of the legislation. There were some questions from the Committee. Sen. Williams (R-Lyons) inquired about permitting municipal court jurisdiction. Sen. Unterman stated that munricpal courts could expedite claims better than state or superior courts. Thus, it was hoped that these courts could get criminals off the State's streets more quickly. Municipal courts would not have jurisdiction over felony violations. SB 82 passed without additional changes being made with one individual dissenting.

Sen. Hill (R-Marietta) presented SB 192 by Committee Substitute. His Bill dealt with wireless and cell phone towers. The proposal is based upon model ALEC legislation. Sen. Hill indicated that more Georgia employees were involved in the wireless communication business than in manufacturing. This Bill would help stabilize and provide consistency with towers and deals with local permits and applications. Sen. Hill stated that nothing in SB 192 changes local control or zoning. There are some new time limits proposed for the submission and review of these applications. A new tower application is to be reviewed in 75 days. Opponents of the initiative are concerned that it poses an attack on "home rule." Association of County Commissioners of Georgia opposes the Bill as it preempts local authority to control. There were also issues raised including lowered fees. Some feared that 75 days is too short for a county to make a review. Kimberly Adams, with the Wireless Association, spoke in favor of the Bill as it permits co-locations. Time frames can be expended. Sen. Hill pledged that he would continue to work with local governments on the time frame issues but he shared that he was not interested in open-ended fees. He wanted the Committee to move the Bill forward. Sen. Tolleson (R-Perry) stated that he was not in favor of the Bill in its current form. After much discussion, the Committee reported out SB 192 by a vote of 6 to 2.

Sen. Chance (R-Tyrone) brought SB 195 forward and described the initiative as a "housekeeping Bill" from the Secretary of State. Most of the revisions relate to Title 43 and make the Code comply with new technology, requiring the reference to "written" examinations and applications be done via electronic applications. Additionally, other changes were made to the "administration" of examinations which are made in writing so that they may also be done electronically. Sen. Chance indicated that 29 of 38 of the changes contained in the legislation are making these specific changes. Electronic prescriptions and electronic signatures also had some "tweaks" made in Title 26. The initiative passed out of the Committee.

Sen. Grant (R-Milledgeville) presented SB 162 which no one opposed. The Bill corrects the Code problem when a security officer change companies. Currently, when a security officer leaves one employer for another then that individual must be re-licensed. The change permits the officer to hold the license and not the company. There are still requirements for companies left in place.

SR 402 was presented to the Committee. It would create a Joint Study Committee on Telecommunications Law. Previously, the House had its own study on this issue last year. This proposal is to have a "joint" initiative with the House on this issue. The Committee voted to approve this proposal.

SB 233, by Sen. Stoner (D-Smyrna), amends the current law governing emergency technicians and how the Board must administer licensing examinations. Josh Mackey spoke on behalf of State Association. It was indicated that the technicians were hopeful to match their scope of practice in a bettering opportunities for emergency technicians. The proposal will not decrease standards for licensing. Thus far, the Board has not voiced a position on legislation. This Bill was passed forward to the Senate Rules Committee.

Two identical bills, SB 28 introduced by Chairman Shafer and HB 231 by Rep. Jerguson (R-Woodstock) were offered for review. A new Substitute was presented on the House Bill. These bills deal with the licensing of "interior designers" or individuals who plan out space. "Office structure" not considered by inspector. There were some concerns raised by the Georgia Architects Association relating to "life safety issues;" thus, a meeting was held with the Fire Safety Commissioner who oversees those issues. SB 28 was given a favorable report by the Committee as was HB 231.

House Insurance Committee

On March 4, 2009, a full Committee meeting of the House Insurance Committee met. It passed out SB 76, by Sen. Hudgens (R-Hull), which would delete the current requirement for the Workers Compensation Insurers to submit an annual report with the Department of Insurance. This Report is duplicative in nature and the data is available through other sources. SB 76 passed the Committee.

Rep. Meadows (R-Calhoun) presented HB 550 which passed without discussion. It provides a mutual company an additional way to pay stockholders in converting from a mutual to a stock company.

HB 342, by Rep. Rogers (R-Gainesville), also was heard. This Bill would bring Third-Party Administrators under Georgia's prompt pay laws, which are some of the most stringent in the nation. However, in this proposal, electronically filed claims would be given 15 business days for payment; written claims would be given 30 calendar days. America's Health Insurance Plans spoke against the proposal because it is trying to "grab ERISA" and self-funded insurers. While doing so, it posed "sweeteners" dropping interest on claims from 18% to 12%.

A Ford & Harrison labor and employment lawyer who is an expert on prompt pay issues also spoke against the legislation. He noted that it would "spawn litigation" if passed. He had grave questions concerning the constitutionality of its provisions and stated that it flew in the face of ERISA law and preemption and civil enforcement provisions found in the 1974 federal law. Wiping away a Georgia statute does not have any legal effect. He also referred the Committee to the "deemer clause" in ERISA and noted that self-funded plans are not insurers.

House Health and Human Services Committee

On Thursday afternoon, the House Health and Human Services Committee held a spirited debate on Chairman Cooper's (R-Marietta) HB 475 supporting the State Board of Nursing's position on the non-traditional nursing education programs, particularly Excelsior Nursing. Excelsior has asked for a type of "deemed" status for its graduates of the internet-based training for mid-career LPNs and med corpsmen. The new Bill contrasts with Senate Bill 49 which eases the amount of clinical training hours an alternative program graduates needs for a Georgia license. HB 475 requires 800 clinical hours. The debate was vigorous and lasted over an hour and was chaired by Vice-Chair Ed Rynders (R-Albany). Rep Carter (R-Pooler) moved "do pass." Rep. Collins (R-Gainesville) made Motion to delete the set number of hours in the House Bill and continue using a waiver for graduates of a nontraditional school and a delayed effective date. This would have allowed a summer Study Committee time to work out a compromise. Rep Cooper said she would support the minimum hours or a delayed deal. Rep Wilkinson (R-Sandy Springs) said he supported the minimum hours. Rep. Carter (R-Pooler) also supported making the statutory change with the hour requirement. In the end, Rep. Collins' motion failed. The legislation was then approved by voice vote with two negative votes.

This Committee also adopted a Resolution, HR 532, for a study committee on nursing education.

Rep. Cooper (R-Marietta) also presented HB 614, the Prescription Monitoring Program Act, which also passed as a Substitute. Amendments were made to add who is defined as a "prescriber" to include a podiatrist and optometrist.

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The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.

Nelson Mullins Riley & Scarborough

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