Upper chamber report 2010 March 10

MARCH 10, 2010 . DAY 23
Upper Chamber Report

Raegan Weber, Press Director Kallarin Richards, Editor in Chief

TOP STORY

Legislative Day 23: Senate Supports Governor's Water Conservation Bill

By Jennifer Kitt

CHAMBER (March 10, 2010) - The Senate unanimously passed the governor's legislation to improve water conservation and drought preparation in Georgia. Sen. Ross Tolleson (R-Perry) guided senators through the 12 sections of the bill, which outlines new guidelines for plumbing fixtures, programs for voluntary water conservation and partnerships state agencies. Tolleson thanked the Governor's Water Task Force and the Natural Resources Committee for their diligent work on the legislation. For more infor-
mation on Senate Bill 370, see page 3.

Sen. Dan Weber's

(R-Dunwoody) bill

(House Bill 906)

expanding the

deadline school

boards have to of-

fer employee con-

tracts from April 15

to May 15 passed

with a 35-11 vote.

Weber said school

boards are dealing

with declining

Sen. Ross Tolleson discusses water conservation bill

budgets and need

additional time to

determine the number of staff that can be hired for the next school year. The

bill only extends the deadline over the next three years. Sen. Vincent Fort

(D-Atlanta) spoke in opposition to the bill, stating that teachers should not be

forced into employment limbo.

Georgia is one step closer to expanding broadband cell phone service thanks to Sen. Lee Hawkins' (R-Gainesville) Advanced Broadband Colocation Act (SB 432). This legislation will give local governments the authority to modify existing wireless structures to add 4-G broadband. Hawkins said broadband access is one of the keys to encouraging economic development in Georgia. The legislation passed by a 45-4 vote.

Senators revisited Sen. Jack Murphy's (R-Cumming) bill that allows restaurants near a housing authority to sell alcohol. The Senate passed similar legislation last year, and again voted in support of the bill today with a 33-18 vote. Murphy said liquor stores are already allowed to operate near a housing authority, while restaurants are currently prohibited from serving alcohol.

Continued on Page 2
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Continued from Top Story, Page 1
The Senate was flooded with a sea of green today as Sen. Buddy Carter (R-Pooler) recognized the Savannah St. Patrick's Day Parade Committee, including Chairman Harry C. "Copie" Burnett IV and Grand Marshal Dennis Michael Herb, Sr. The St. Patrick's Day Parade Committee was formed in 1926, and produces one of the largest celebrations in the nation.
Other distinguished guests included the Link organization, which was recognized by Sen. Freddie Sims (D-Albany). Links is a nonprofit organization comprised of more than 12,000 African-American women who par- The Senate welcomes the Savannah St. Patrick's Day Parade Committee ticipate in community service and enrichment programs. Representatives discussed the organization's childhood obesity initiative and their goal to make Georgia a healthier and happier state. Sen. David Shafer (R-Duluth) welcomed representatives from the Red Cross and thanked them for their dedication to the state. He also recognized the Red Cross volunteers that traveled from 37 states to help during the devastating 2009 flood.

Senate Committee Passes Sen. Judson Hill's Free-Market Answer to Health Care Reform

By Matt Colvin

Georgia that have been approved in those states and as

long as the insurer is an authorized insurer in Georgia.

MARIETTA (March 10, 2010) A bill that would al-

low Georgia health care customers to buy approved out- SB 407 also directs the insurance commissioner to form

of-state health care insurance plans was endorsed by the a group of like-minded states for establishing rules of

Senate Insurance & Labor Committee Tuesday at the reciprocity for the approval of comprehensive individual

Capitol. State Sen. Judson Hill (R-Marietta) authored medical and surgical health insurance policies among

Senate Bill 407, designed to increase competition among the participating states. Hill mentioned this policy will

insurance providers to help drive down costs and expand ensure consumer protection with the states coming to-

access for many uninsured or underinsured Georgians. gether to approve quality, highly-respected insurance

providers as part of this legislation. Out-of-state compa-

"During my time as a state Senator, I have led the way nies offering health benefit plans under SB 407 will be

to seek free-market based solutions to improve and en- subject to regulation by the commissioner regarding the

hance Georgia's health care system," said Hill. "Senate enforcement of the contractual benefits under the health

Bill 407 allows the market to dictate the price and ulti- benefit plan, including the prompt payment of insurance

mately puts the power in the people's hands, providing a claims.

wide array of health insurance choices for Georgians

and their families. Increasing Georgia's health insur- Hill first introduced legislation allowing cross-state pur-

ance options through market competition is a proven chasing of health insurance in 2007. The initiative has

method to reduce premiums, expand access to health gained momentum nationwide and is now considered a

care, and increase the quality of health care in our state." necessary part of any market-based health care reform

package designed to increase access and make heath

Hill's legislation will give the Georgia state insurance insurance more affordable.

commissioner authority to identify at least five states

with health insurance laws and regulations substantially SB 407 now heads to the Senate Rules Committee be-

consistent with Georgia law. The state could then ap- fore being taken up on the Senate Floor for a full vote.

prove individual health insurance policies for sale in

Page 2

UPPER CHAMBER REPORT

Sen. Tolleson Leads Important Water Bill through Senate

By Natalie Strong

drought peri-

ods whereas

ATLANTA (March 10, 2010) - Today, the Senate current law

unanimously passed a substitute of the Governor's Wa- only allows

ter Bill (SB 370). SB 370 will create a culture of water them during

conservation throughout Georgia and takes proactive drought peri-

steps in planning for water enhancement during future ods. New out-

extreme drought conditions and additional water emer- door watering

gencies. The bill was crafted with the support of repre- r e s t r i c t i o n s

sentatives from agricultural, environmental, develop- allow Georgi-

ment, business and municipal interests.

ans to irrigate

outdoors daily

"This bill proves that Georgia is taking substantial steps for purposes of

toward dealing with the looming water crisis," said p l a n t i n g ,

Tolleson. "We have taken every opportunity to move in growing, man-

the right direction as far as our state's future and water aging, or maintaining ground cover, trees, shrubs, or

are concerned. By passing this bill unanimously, the other plants only between the hours of 4:00 P.M. and

Senate is showing how we can stand together for the 10:00 A.M. This restriction does not apply to certain

value of our state's precious natural resources."

water uses such as commercial agricultural operations,

reuse of gray water, irrigation of personal food gardens,

The bill will require the Department of Natural Re- and hand-watering with a hose with automatic cutoff,

sources (DNR), the Georgia Environmental Facilities handheld container, etc. Local governments must adopt

Authority (GEFA), the Georgia Department of Commu- this new restriction, as well as the exemptions by ordi-

nity Affairs (DCA), the Georgia Forestry Commission, nance by January 1, 201.

the Georgia Department of Community Health, the

Georgia Department of Agriculture, and the Georgia The legislation acknowledges the role of water as a vital

Soil and Water Conservation Commission to review lifeline for the agricultural community. SB 370 estab-

practices, policies, programs, and rules/regulations to lishes three categories of farm use surface and ground

identify opportunities to provide programs and incen- water withdrawal permits including active, inactive and

tives for voluntary water conservation and enhancement unused permits. An active permit has been acted upon

of the state's water supply. In addition, DNR's Environ- and used for allowable purposes as opposed to an inac-

mental Protection Division (EPD) must determine the tive permit where the permit holder has requested inac-

minimum standards and best practices for monitoring tive status in order to retain ownership of the permit for

and improving the efficiency and effectiveness of water possible future use or reuse. Inactive permits may be

use by public water systems in order to improve water reclassified to an active permit when the permit holder

conservation.

has given the Director 60 days written notice. An unused

permit is classified as one that has never been used for

The bill also touches on water conservation through allowable purposes. Unused permits will expire after

many specific areas including residential and retail com- two years unless changed to inactive or active status by

munities. All new multitenant residential buildings and notification to the director of EPD and may not be trans-

multiunit retail areas permitted on or after July 1, 2012, ferred to subsequent owners of the land.

must be constructed in a manner which will allow for

submetering in an effort to make the most efficient use Finally, the bill will call for the creation of a Joint Com-

of our water supply. In addition, water conservation mittee on Water Supply. The committee will undertake a

opportunities include encouraging residential and com- study and analysis of the current status of the state's

mercial retrofits for water-efficient fixtures and requir- reservoir system and will conduct a comprehensive

ing water conservation measures in local government analysis of the state's strategic needs for additional wa-

comprehensive plans.

ter supply, including the identification of creative fi-

nancing options for water reservoirs and other opportu-

SB 370 gives local governments the right to impose nities for water supply enhancement.

more stringent outdoor watering restrictions during non-

Page 3

UPPER CHAMBER REPORT

Seabaugh Announces Superior Court Reductions
By Raegan Weber
ATLANTA (March 10, 2010) Senate Majority Whip Mitch Seabaugh (R-Sharpsburg) dropped legislation today that would reduce the number of Superior Court judges in an effort to find budget savings. Currently Georgia has 205 Superior Court judges. Seabaugh's bill would reduce that number to 186.
"Due to declining revenues for over 20 months and significant budget cuts over the past few years, we are now forced to find efficiencies and savings everywhere possible. In some cases, this requires legislative action to reduce the size and scope of government. By eliminating 19 Superior Court judge positions, we'll achieve approximately $13- $14 million in savings to the state budget," said Seabaugh. "We looked at the
overall cases filed per judge and found a more efficient balance of cases filed. Projected budget revenues return us to 20042005 levels. This is an area the legislature could find savings by reducing the number of judges to near 2004-2005 levels."
The determination of judgeships to be eliminated in the 16 circuits was made after evaluating the number of cases filed per judge. Those areas which only have two judges will not be reduced. In many areas, the average workload of Superior Court judges is 3,200 cases. The judgeships to be eliminated averaged approximately 1,200 cases per judge. Those cases will be disbursed among the remaining judges in that circuit. Seabaugh suggests decreasing the number of judges in those areas that have a much lighter number of cases filed.
"In this budget atmosphere, nobody is exempt from cuts. If we can find significant savings in areas where we can consolidate, those are cuts we won't have to make to education. This is an initial proposal. I'm asking for input from the courts to ensure that the right judgeships are eliminated," said Seabaugh.
The Fiscal Year 2010 budget is over 7 percent lower than the 2009 budget and it is 8.5 percent lower than the governor's original 2010 budget estimate. In these previous year budgets, the Senate has cut spending to state golf courses, set forth a plan to make the hall of fames self-sustaining, and consolidated services in certain departments.

Page 4

Continued on Page 5 UPPER CHAMBER REPORT

Sen. Rogers Elected to National Board of Directors for Legislative Leaders Foundation

By Raegan Weber and Adam Sweat

enrichment programs for the leaders of state legislatures

-- an elite group of approximately 350 House Speakers,

ATLANTA (March 9, 2010) Last week State Senate Senate Presidents, Majority Leaders, Minority Leaders

Majority Leader Chip Rogers (R-Woodstock) was and Pro Tempores. SLLF communicates regularly with

elected to the Board of the Directors for the State Legis- these men and women through attendance at our univer-

lative Leaders Foundation. He will serve a three year sity-based educational programs, newsletters, research,

term which can be renewed if he remains in a leadership and a variety of other activities. To further ensure the

position when his term expires.

focus on leadership, the Foundation's Board of Direc-

tors, SLLF's governing body, is made up exclusively of

"The State Legislative Leaders Foundation is the na- currently serving legislative leaders.

tion's premier organization for helping states implement

best practices and innovative legislation," said Rogers. Rogers was first elected to the Georgia House of Repre-

"I am honored to join this board and look forward to a sentatives in 2002 and to the Georgia Senate in 2004.

long-lasting relationship with the foundation. Through- He has been applauded for his tireless work on cutting

out the duration of my term, I will work to facilitate taxes, reducing spending, promoting pro-business legis-

educational workshops and discussions in finding solu- lation, and bringing transparency and efficiency to gov-

tions to state and national issues. Cultivating relation- ernment and has received both State and National recog-

ships and exploring new, viable solutions will help ad- nition for his legislative efforts. In November of 2008,

vance Georgia's top priorities the economy, education Rogers was unanimously elected Majority Leader of the

and transportation."

Georgia Senate. He also serves on the following com-

mittees: Finance, Banking and Financial Institutions,

The State Legislative Leaders Foundation (SLLF) is a Economic Development, Insurance and Labor, Redis-

nonprofit, nonpartisan, independent national organiza- tricting, Rules, Appropriations, and Assignments.

tion committed to providing specialized educational and

Continued from Superior Court Reductions on Page 4
Every department's budget has been affected by budget cuts, including Natural Resources, the Forestry Commission, the State Accounting Office and Administrative Services. The number Superior Court judges has increased each year for the past several budget cycles. This legislation proposes to scale back in circuits where the number of cases has gone down.

To balance the Fiscal Year 2011 budget, the Senate is looking for an additional $1.1 billion in cuts from the governor's recommended FY 2011 budget. The majority of cuts to the FY 2011 budget will come through the appropriations process. This is Sen. Seabaugh announces legislation to reduce superior court judges at a press conference one of the few items that require statutory action. The Senate only has 7 days left to work legislation through the committee process and over to the House by Legislative Day 30 on March 25.

Page 5

UPPER CHAMBER REPORT

Important Heath Care Legislation Tabled for Further Discussion
By Adam Sweat
CAP 125 (March 10, 2010) Sen. Judson Hill (R-Marietta) presented two bills, Senate Bills 399 and 398, to the Government Oversight Committee that concern heavily contested health care issues at both the state and national level. SB 399 will halt any measure from the federal government that would impose heath care reform on citizens of this state. SB 398, which also deals with heath care, would require that Medicaid payment information be made available to the public through a state run website.
SB 399 will prohibit state departments or agencies from implementing any part of federal health care reform unless they first give a report to the General Assembly detailing the cost and scope of such measures. The State Legislature would then have to pass legislation that specifically authorizes the implementation of the federal reform provision. Hill reiterated that if the federal government handed down an unfunded mandate, he wanted the legislature to be prepared to prevent such measures from crippling Georgia's already weakened economy. Sen. Seth Harp (R-Midland) probed Hill to clarify how this bill would stop a federal mandate from being enacted. Hill responded that the core issue of heath care reform requires Medicaid expansion which would call for legislative action by the General Assembly.
SB 398 requires the commissioner of public health to implement a program to make nonaggregated information collected under the federal Medicaid Statistical Information System available through the Department of Community Health (DCH) website. Moreover, this information must be de-identified in accordance with federal HIPPA rules and regulations. It will be the commissioner's responsibility to ensure that the information on the website is easily accessible to the public and up to date, with the information updated at least once per calendar quarter. SB 398 seeks to limit Medicaid fraud that costs the state millions of dollars each year. However, members from DCH expressed their opposition to the bill in its current form, stating they have significant safeguards in place to protect Georgia's citizens from fraud and SB 398 will not substantially aide in recovering monies lost in Medicaid fraud. They cited the de-identification process as the most expensive aspect of this piece of legislation. While there is an agreement from committee members that preventative measures must be in place to prevent fraud, Chairman Renee Unterman (R-Buford) applauded DCH for complying with her requests for Medicaid information. Both of Hill's sponsored bills will have to wait until further committee meetings to find out their fate. There will continue to be discussion surrounding these sensitive topics that have long-reaching effects throughout the entire state of Georgia.
Although the majority of the scheduled legislation will wait for a vote in the coming weeks, the committee heard two bills that received unanimous support. Senate Minority Leader Robert Brown (D-Macon) presented two pieces of legislation. SB 118 prohibits anyone who is serving or who has served on a county board of tax assessors within the last twelve months from serving as an employee of that board. These types of occurrences have plagued multiple counties throughout Georgia and the bill seeks to rectify the current situation. Brown spoke candidly about this type of practice in his own district, Bibb County.
SB 143 alters the Open Meetings Act. Currently, agency meetings in which an agency is discussing the future acquisition of real estate may be closed to the public. Under this bill, this exclusion would not apply to taking final official action to approve or disapprove such an acquisition. Additionally, this bill provides that the disclosure of meeting minutes may receive a delayed release until the parties have entered into a binding agreement as to the material terms of the acquisition. The bill, in its current form, passed through the committee with a substitute.

Page 6

UPPER CHAMBER REPORT

Legislative Process Dates
Important Dates in the Legislative Process
Introduction - Last day to file and/or 1st Read in Senate. 30 th day - last day to introduce General Senate bills and resolutions (even year). [Rule 3-1.2 (b)] 30 th day - last day to accept General House bills and resolutions. [Rule 3-1.2 (b)] 39th day - last day to introduce General Senate bills and resolutions (odd year). [Rule 3-1.2 (b)] *Note: Senate bills and resolutions must be filed with the Secretary before 4:00 p.m. to be 1st read on the next legislative day.
Deadlines for passage in current year
Committee Report Deadlines - Last day to read report. Report submitted to Secretary by convening. 28th day - General Senate bills and resolutions. 38th day - Local Senate bills and resolutions. 38th day - General House bills and resolutions. 40th day - Local House bills and resolutions. Calendar Management Calendar in numerical order after 2nd reading of legislation; days 1-5. [Rule 4-2.10 (a)] Rules Committee sets the calendar for days 6 - 40. [Rule 4-2.10 (b)] General Senate Bills and Resolutions 26th day - File with Secretary of the Senate. [Rule 3-1.2 (a)] 27th day - 1st Reading and referral to committee. [Rule 3-1.2 (b)] 28th day - Committee report read upon convening. (A recommitted bill already 2nd read - report day 29.) 29th day - 2nd Reading. [Rule 4-2.6] 30th day - Passage [Rule 4-2.10 (a)] and immediate transmittal to House. [Rule 4-2.14] Local Senate Bills and Resolutions 35th day - File with Secretary of the Senate. [3-1.2 (a)] 36th day - 1st Reading and referral to committee. (Cannot pass for 2 days.) [Rule 4-2.4 (c) ] 38th day - Favorable report by committee, passage and immediate transmittal to the House. [Rule 4-2.14] 39th day - 2nd Reading in House. 40th day - Favorable report and passage in House. General House Bills and Resolutions 30th day - Transmitted from House and received by Secretary. 31st day - 1st Reading and referral to committee. [Rule 3-1.2 (b)] 38th day - Favorable report upon convening and 2nd reading. (Applies to days 36 - 38) [Rule 4-2.6] 39th day - Passage. [Rule 4-2.10 (a)] 40th day - Passage of bills or resolutions tabled day 39; removed from the table on day 40. [Rule 4-2.10 (a)] Local House Bills and Resolutions 39th day - 1st Reading and referral to committee. 40th day - Favorable report by committee and passage. * Note: On the 30th day and on the last three days of session, bills and resolutions needing action from the House are automatically immediately transmitted. [Rule 4-2.14] 40th day - Passage of bills or resolutions tabled day 39; removed from the table on day 40. [Rule 4-2.10 (a)]

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UPPER CHAMBER REPORT
To view this report online, please visit http://www.legis.ga.gov/legis/2009_10/senate/ucreport.htm