Upper chamber report 2010 January 28

TOP STORY
Legislative Day 7: Cagle, Senate formally honor New Speaker Ralston, Past Senators in Chamber

By Matt Colvin

current lawmakers. The list of those

past senators in attendance was noth-

CHAMBER (Jan. 27, 2010) - Every ing short of a "Who's Who" of pre-

now and then the Georgia Senate sent and past political heavyweights,

opens its doors and welcomes back a all with a gracious heart and humble

former colleague to visit with him or spirit to be greeted with a remarkable

her on the floor and share fond gesture of respect and gratitude. Lt.

memories of time spent in the Upper Gov. Cagle led the proceedings, and

Chamber. Normally, only one or two touted that practically every top posi-

happen to be present during the tion in Georgia politics is currently

course of a legislative session. That held by a former state senator.

itself can serve as a great reminder

that each current and former senator Leading the announced former sena-

views his or herself as part of a very tors in attendance were a powerful

small family of men and women who group of current officials: U.S. Con-

will always be remembered and com- gressman Nathan Deal (R-GA), At-

mended for their service to the state. lanta Mayor Kasim Reed, Georgia

JANUARY 28, 2010 . DAY7
Upper Chamber Report

Lt Gov. Casey Cagle greets Speaker David Ralston (R-Blue Ridge)

Natalie Strong, Deputy Press Director Kallarin Richards, Editor in Chief

Secretary of State Brian Kemp, and

But Wednesday marked a historic Georgia Department of Community

and unprecedented day in chamber as Affairs Commissioner Mike Beatty.

Lt. Governor Casey Cagle and the

Senate welcomed back 20 former However the biggest surprise of the

state senators to the floor and each day came last. House Speaker and

received a vibrant reception from the

Continued on Page 4

* Follow the State Senate on Twitter at GASenatePress

Sen. Preston Smith Introduces Health Insurance Reform Package

By Kallarin Richards



ATLANTA- (Jan. 27, 2010) - Sen. Preston Smith (RRome) today introduced his package of health insurance reform legislation in the Georgia State Senate, which is supported by more than 20 of his Senate colleagues.

Eliminates the common practice of placing annual and lifetime caps on insurance policies. The bill prohibits health plans from arbitrary annual or lifetime spending caps, protecting individuals with a catastrophic diagnosis or chronic disease by ensuring health plans meet their obligations to those with the most expensive medical needs.

"After hearing many Georgians' concerns regarding the affordability and accessibility of health insurance, I'm providing common sense, consumer friendly solutions. Many at the federal level have argued that their hands are tied because these issues are largely governed by the individual states. If this is true, there's no reason why the legislature cannot not change Georgia state law to address these problems," said Sen. Smith. "After meeting with local health care providers, hospitals, physicians and individual consumers and employers who purchase health insurance for their employees, I have proposed a number of consumer-oriented solutions."

Sen. Smith is the principal author of Senate Bills 330 and 331, which include the following provisions:

Prohibits health insurance companies

from unjustly canceling health insurance

"rescissions." This will end the practice of health Expands access and lowers cost for small busi-

insurance companies rescinding or cancelling an nesses to offer affordable group health insurance

insurance policy based upon their allegation that options to their employees. These provisions will

the original application contained an error or allow small businesses to pool together through

omission, which is often not even related to the association health plans and leverage lower cost

claim. This provision ensures that no Georgian's health insurance on behalf of their employees. By

access to needed medical care will be harmed by creating larger insurance pools for small busi-

the wrongful cancelation of their health insurance nesses, these provisions will make health insur-

plan.

ance more affordable and more accessible.

Extends health insurance coverage benefits to

dependents up to age 25, regardless of whether In addition to the bills he filed today, Sen. Smith is

they are full-time students. This allows parents also a leading co-author and co-sponsor of three other

to keep their children on their health plan through health insurance reform measures this term. SB 309

young adulthood, increasing young adults' access will allow for interstate competition of health insur-

to affordable health coverage. "Young adults ance that will increase consumer choice and inject

shouldn't lose their coverage simply because they market forces to help increase availability and bring

needed five years to complete college or were down cost.

unable to find a job after graduation," noted Sen.

Smith.

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UPPER CHAMBER REPORT

Differences in state regulation of health insurance quire disclosure in a simple, easily obtainable form

have resulted in significant variance in health insur- for consumers and health care providers to determine

ance costs from state to state. Americans residing in who is supposed to pay for claims and at what con-

a state with expensive health insurance plans are

tracted rate.

locked into those plans and do not currently have an

opportunity to choose a lower cost option. This pro- Sen. Smith is also supporting a Constitutional

vision will allow Georgians to purchase licensed

Amendment that recognizes Georgians' constitutional

health insurance in any state. Insurance sold in a sec- right to choose their own health care. Sen. Smith

ondary state will still be subject to the consumer pro- noted that he firmly believes no government should

tections and fraud and abuse laws of the policy

mandate citizens' health care decisions. "I'm

holder's state of residence. This provision will pro- strongly opposed to the federal government or anyone

vide access to more affordable health insurance op- else interfering with the relationship between a pa-

tions.

tient and a physician, or telling Georgia citizens what

health care they can and cannot have." As chairman

SB 50 requires transparency in the use of "rental net- of the Senate Judiciary Committee, Sen. Smith will

works," which health insurance companies use to pay lead the hearing on Senate Resolution 795, which the

for claims covered by health insurance con- committee will discuss in its upcoming meeting on

tracts. Sen. Smith says that many health insurance Thursday, Jan. 28.

companies try to benefit from an intentionally com-

plicated series of network agreements. Ultimately, "Reforming Georgia's health insurance through these

neither the patient nor their medical provider can fig- measures will put us on the right track to increase the

ure out who is supposed to pay a claim and what rate availability of affordable health insurance, reign in

they are required to pay. Without this basic informa- abusive practices of certain health insurance compa-

tion, it is difficult to enforce payment and virtually nies, increase market competition and provide con-

impossible to hold anyone accountable for paying an sumer-friendly solutions to citizens' health care con-

incorrect amount or not paying at all. This often re- cerns, all without bowing to the pressure to socialize

sults in health insurance companies taking unfair dis- our health care system and decrease the quality of the

counts and keeps patients from getting the full benefit care we enjoy."

of their health insurance contract. This bill will re-

Continued from Page 1

the Senate and was extremely also touted the new era in the

former senator David Ralston (R- proud of having a speaker with the House and that he is leading the

Blue Ridge) was formally invited character of Ralston, whom he way to promote a more open and

to the Senate Rostrum by Cagle helped campaign for state attorney transparent process that allows all

and presented with a resolution general in 1998. Cagle praised voices to be heard.

written by Sen. Jeff Mullis (R- Ralston's efforts to create a spirit

Chickamauga), honoring his elec- of cooperation and solidarity with Lt. Gov. Cagle took time to honor

tion to the speakership and his the Senate and said he is looking the following past senators in addi-

work as an elected official.

forward to working hand-in-hand tion to those above: Judge Quillian

with the new House leadership to Baldwin, Judge Steve Farrow, Joey

tackle the tough issues Georgia is Brush, Don Cheeks, Chuck Clay,

currently facing.

Skin Edge, Bob Guhl, Dan Lee,

He was led to the podium by

Guy Middleton, Mary Margaret

Mullis and Senators Chip Pearson Ralston took a brief moment to Oliver, Rusty Paul, Bobby Rowan,

(R-Dawsonville) and George thank the Senate and show his ap- Charlie Tanksley, Loyce Turner,

Hooks (D-Americus), who spent preciation for the morning's event. and Jim Tysinger.

time praising Ralston as a man of Ralston mentioned that he is com-

strong leadership abilities and mitted to working with the Senate

moral fiber.

on a respectful and civil level to

make sure that things can get done

Cagle called it a very special day in efficiently and productively. He

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Sen. Tolleson Urges Natural Resource and Environment Committee to be "Bridge Over Troubled Water"
By Natalie Strong
CAP 450 (Jan. 27, 2010) - The Natural Resources & the Environment Committee met Wednesday in order to receive an update from the governor's Water Task Force. Presenters included Nels Peterson, general counsel for Governor Sonny Perdue, John Brock, co-chair of the governor's Water Contingency Planning Task Force and Chris Clark, commissioner of the Department of Natural Resources.
"Our state has kept cool in this situation and we must remain focused on our mission," said Sen. Ross Tolleson (R-Perry). "I am confident that a good dialogue with the other states will help us to meet our goals."
Peterson presented his report on the current situation in the tri-state water wars and gave a summary of Judge Magnuson's ruling and what implications it has for the state at present. He spoke in detail of Judge Magnuson's two findings: that Lake Lanier is not an authorized source of water and that the Army Corp of Engineers exceeded their authority by regulating the water flow in Lake Lanier. Peterson concluded that without any changes, our consistent water supply will be detrimentally affected.
John Brock, of Coca Cola Enterprises and the co-chair of the governors' Water Task Force, gave an extensive presentation on the governor's call for a four-pronged proposal. The proposal consists of appealing the ruling, tri-state negotiations, congressional reauthorization and a viable contingency plan. He noted that conservation and good policy would be the key to creating a long term solution. Brock felt that the keys to Georgia's success was in our ability to Conserve, Capture, and Control. The governor created this vital task force to assess the cost and gains from the public industry side in water negotiations.
Chris Clark, commissioner of the Department of Natural Resources, concluded with the department's findings and water management recommendations. He briefly touched on looking to the future for viable solutions that can be put in place by 2015 and 2020. He spoke on the benefits of incentives for energy efficient fixtures, incentives for new construction, and the potential need for legislative mandates. Clark reminded the committee that in all efforts, conservation should be a priority and should become a part of the state culture, not just within Metro Atlanta. He ended that we must be "better stewards of our state's resources, no mater what regardless of where our future is headed."
Tolleson assured the committee that they can't just plan for 2012, 2015, and 2020, they must make certain that they develop long term solutions for a dynamic growing state.

Veterans, Military and Homeland Security Committee Begin 2010 with Old Business
By Adam Sweat
CLOB 310 (Jan 27, 2010) -Yesterday the Veterans, Military and Homeland Security Committee met to discuss several bills that failed to make it to the floor last session. House Bill 674, Senate Bill 216, and Senate Resolution 626 were among the items of business being discussed.
Rep. Calvin Smyre (D-Columbus) presented his bill, HB 674, to the committee which would increase the
Continued on Page 5

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UPPER CHAMBER REPORT

maximum prize amount individuals could win. He phy (R-Cumming) gave the motion for the bill not to

noted that several of the sponsors have concerns over pass and committee members voted unanimously in

the current language in the bill. He asked Chairman agreement.

John Douglas (R-Social Circle) for a one week delay

of voting so that he could have additional time to dis- Finally, the last order of business was SR 626, which

cuss the details with his members in the House. would require the government to pay for the treat-

Douglas granted his extension and the bill will be ment of veterans' service- connected injuries and dis-

heard during next week's hearing.

abilities. Sponsored by Chairman Douglas, the bill

was unanimously passed by the committee members

SB 216 was next on the agenda. The bill would allow and will move on to the Rules Committee.

the spouse of a fifty percent or greater combat dis-

abled military member to receive 30 days of paid The committee will reconvene next week to continue

leave in addition to 60 days of unpaid leave. Sen. the discussion about HB 674 as well as other pieces

Emanuel Jones (D-Decatur), who sponsored the bill, of legislation that pertain to veterans, military and

was absent at the committee hearing. Sen. Jack Mur- homeland security in the state of Georgia.

Science and Technology Committee Approves Digital Textbook Bill

By Matt Colvin

CLOB 307 (Jan. 27, 2010) - The Senate Science and Technology Committee held their first meeting of the 2010 General Assembly Wednesday, passing out of committee a bill designed to provide more flexibility and resources to public school systems in how they use textbooks in the classroom. Committee Chairman Sen. Cecil Staton (R-Macon) introduced his legislation (Senate Bill 319) which would amend the definition of a textbook to include digital, computer hardware, and technical equipment. He noted he drafted this bill to allow Georgia schools to take advantage of growing technologies and give administrators the option of purchasing digital textbooks and equipment to provide for classroom use. The committee heard testimony from Technology Association of Georgia (TAG) President Tino Mantella, who touted the advances of classroom technology over the years including computer learning software and SMART boards. He stated that this bill would give students exciting new opportunities to learn with interactive digital textbooks and give school districts potential cost savings with having the ability to buy digital copies instead of printed books.

The bill was approved unanimously and now moves to the Rules Committee before consideration on the Senate floor.

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