Upper chamber report 2010 February 10

FEBRUARY 10, 2010 . DAY16
Upper Chamber Report

TOP STORY
Legislative Day 16: Senate Unanimously Agrees to Save Taxpayer Money and DOT Time

By Katie Wright

CHAMBER (Feb. 10, 2010) Today in the Upper Chamber, a unanimous vote sent a bill that saves taxpayer money and time to the House for consideration. The ultimate objective of Senate Bill 305 is to improve processes within the Department of Transportation (DOT), making them more efficient.

Current law authorizes

the DOT to use the

design-build proce-

dure, or contract with

one company to de-

sign and build a struc-

ture, for no more than

15 percent of the total

amount of construc-

tion projects. Au-

thored by Sen. Jeff

Mullis (R-

Chickamauga), this

legislation increases

the allotted percentage

to 30 percent. The

Sen. J.B. Powell introduces his legislation in chamber

savings resulting from the ultimate passage of this bill will mean more pro-

jects and more jobs. Sen. Doug Stoner (D-Smyrna) spoke in favor of the bill,

saying that if we get more stimulus money, we need to be able to utilize it

quickly and efficiently and this bill allows the state to do so.

House Bill 320, carried by Sen. Bill Heath (R-Bremen), simply changes the name of the Georgia Environmental Facilities Authority to the more applicable name of the Georgia Environmental Finance Authority. The legislation was uncontested and now awaits the governor's signature.

Sen. J.B. Powell (D-Blythe) introduced two bills aimed at assisting military veterans to further their education. SB 404 exempts veterans from certain coursework and allows them to receive class credit for instruction while their in military service. Sen. Powell's second bill, SB 405, allows veterans getting an education from the federal Veterans Administration to pay their tuition in installments or with funds from the Administration.

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

Sen. Don Balfour (R-Snellville) hosted Chaplain of the Day Pastor Tom Elliott, senior pastor of Cannon United Methodist Church. During Pastor Elliot's devotion, he reminded the Senate about others around the world with greater burdens than we have, such as those in Haiti who are living with the remnants of a deadly earthquake. He advised senators to be respectful to each other and to practice the "Golden Rule" everyday by treating others as they would be treated.

* Follow the State Senate on Twitter at GASenatePress

Sen. Judson Hill Announces Bi-Partisan Resolution Supporting Breast Cancer Screenings for Women

By Matt Colvin

grams for women from age 40 to age 50. The

USPSTF also stated in their guidelines that women

MARIETTA State Sen. Judson Hill (R-Marietta) has should receive biennial screenings as opposed to

authored a resolution urging the United States Con- yearly checkups. Hill noted that if these polices are

gress, the Department of Health and Human Services, adopted it will severely hinder the ability of insurance

and the Centers for Medicaid and Medicare Services companies to cover early breast cancer screenings and

to ignore recent guidelines issued by the United potentially endanger the lives of women if early can-

States Preventative Services Task Force (USPSTF) cer screenings become more expensive.

stating breast cancer screenings can be delayed until

age 50. Hill, a leading advocate for health care rights "Expanding screenings to women in their 40's has led

in Georgia, has received near-unanimous support in to a 30 percent decrease in annual deaths from breast

the Senate with 53 of his colleagues co-sponsoring cancer over the past few decades. Delaying screen-

his legislation.

ings and mammograms can allow cancers to grow

without detection until it's too late. What is needed is

"Most of us believe that women must have every op- increased awareness and affordable mammograms to

portunity to protect themselves with early screenings help save lives," said Hill.

and maximize the chances for early detection of can-

cers," said Hill.

SR 915 was recently approved by the Senate Health

and Human Services Committee and will soon be

Hill's resolution (Senate Resolution 915) stems from taken up for a full vote in the Senate.

a USPSTF recommendation to delay initial mammo-

Government Oversight Committee Streamlines State Lease Agreements
By Meredith Rich
CAP 125 Georgia could save money with new lease agreements under a bill passed unanimously by the Government Oversight Committee. Sen. Chip Rogers' (R-Woodstock) State Properties Commission bill (Senate Bill 254) allows the Commission to enter into multiyear lease agreements and removes the authority of the Department of Labor to manage its own space. Currently, there is no negotiation on year-by-year leases. Sen. Rogers noted that the main purpose of the bill is to save the state a considerable amount of money, because now is a great time for the Commission to lock in good rates for a long-term lease.
New contracts for the Georgia Student Finance Committee will be put in place through a bill authored by Sen. Greg Goggans (R-Douglas) and received a unanimous passing vote by the committee. He explained that SB 363 allows the Georgia Student Finance Authority to contract with the Board of Community Health to include its employees in any state health insurance plan. Previously, the group self-supported their own private insurance. There is no fiscal impact because the Authority will pay 80 percent of the cost for insurance, with the employees covering the other 20 percent.
Fatimot Lapido from the Georgia Student Finance Authority said the Authority is self-supporting because interest collected from student loans will be used to cover costs for State Health Benefit Plan coverage. Nothing will be taken away from money used to make loans. The selling point of the bill is that there is no additional cost to the state and this is for active employees only. Because covering retired Authority employees would result in a fiscal impact, the committee voted to restrict the bill to active employees only.

Page 2

UPPER CHAMBER REPORT

Committee Votes to Uphold Department of Defense Rules
CLOB 310 The Veterans, Military and Homeland Security Committee met Wednesday to discuss who has the right to handle the disposition of the body of deceased armed-forces personnel. Sen. Ed Harbison (D-Columbus) proposed Senate Bill 355 as a result of several stories from families plagued by the decision of who would handle their deceased loved one's body.

Sen. Harbison explained this is entirely unfair and unnecessary as there is a form all military personnel are required to fill out regarding this matter. Kept in the U.S. Department of Defense Record of Emergency Data, DD Form 93 allows the personnel to designate an authorized person to handle their body in the event of death. Sen. Harbison's legislation ensures this form is utilized in Georgia.

The committee only offered one question. Sen. Cecil Staton (R-Macon) asked if personnel are able to update this record, as it is likely that situations will change over time. Sen. Harbison noted that each time a member of the armed-forces begins a tour, the form is filled out again to ensure all information is up to date and correct.

The legislation passed unanimously and now awaits consideration before the entire Senate.

The committee also heard testimony on Sen. Nan Orrock's (D-Atlanta) resolution, SR 955, discouraging military related activities and military recruitment of children under the age of 17. It urges schools to play an active role in obtaining parental consent when military-related activities commence on school campus. Continued on Page 4

Lt. Gov. Cagle, Senate Welcome New Sen. Hardie Davis

By Matt Colvin

jobs to Georgia, get people back to work, and put

Georgia's economy back on track to growth and pros-

ATLANTA This week, Lt. Governor Casey Cagle perity."

formally introduced new state Sen. Hardie Davis (D-

Augusta) to the Georgia Senate and appointed him to Davis will immediately get to work on several impor-

committees as he officially begins his term serving the 22nd Senate Dis-

tant Senate Committees this week. Cagle has appointed Davis

trict. Davis won a special run-off elec-

to serve on the Economic Develop-

tion February 2 to fill the Senate seat

ment, Insurance and Labor, State

left open after former Sen. Ed Tarver

and Local Governmental Opera-

was appointed a U.S. District Attorney.

tions, Transportation, Ethics, and

Government Oversight commit-

"I want to be among the first to wel-

tees. As a committee member,

come Hardie Davis to the State Senate

Davis will have a role deciding

and look forward to working with him

what legislation will have a chance

to balance our budget and provide

to be heard on the Senate Floor for

more jobs for Georgians. Senator

a full vote.

Davis worked diligently in the State

House and I'm confident he will do the

Davis was first elected to the Geor-

same in the Senate while representing

gia General Assembly in 2006 as a

Augusta with thoughtful leadership,"

member of the House of Represen-

said Lt. Governor Casey Cagle.

tatives. Prior to his legislative ser-

vice, he worked as an engineer for nearly 17 years

"Lt. Governor Cagle and my new Senate colleagues before pursuing a full-time pastoral career. Davis

made my first day on the Senate floor a very hum- holds an electrical engineering degree from Georgia

bling and memorable experience," said Davis. "It is Tech and a Doctorate in Ministry from the Christian an honor to represent the 22nd Senate District here in Life School of Theology in Columbus. Davis is mar-

Atlanta and to serve in the same body as some of ried to the former Ms. Evett Plather. They are proud

Georgia's greatest leaders. I look forward to working parents of their son, Benjamin.

with the Lt. Governor and the Senate to bring new

Page 3

UPPER CHAMBER REPORT

Police and Lawyers Square Off in Public Safety Arena
By Natalie Strong

CLOB 307 - On Wednesday, the Public Safety Committee continued their hearing on Senate Bill 318, which requires that an individual provide an affidavit along with their complaint against certain law enforcement professionals. Proponents of the bill present to testify included Lance LaRusso with the Fraternal Order of Police and Frank Rotundo, the executive director of the Georgia Association of the Chiefs of Police. Rotundo stressed that we no longer have the police culture of the 1960's and 1970's and that given the opportunity, police would indeed testify against their colleagues who have broken the law. He noted that there is no longer a "blue line" that separates police from everyday citizens, but that police officers are eager to do the right thing. As a law enforcement officer who has been sued and has also been an expert witness, he described how morale and job performance for those

Continued on Page 5

From Page 3
Ethics Hears Finals Thoughts on Changes to Another part of the resolution urges school systems to

Election Code

inform parents that their child's contact information is

being released, and often used for military recruitment,

By Natalie Strong

to the federal government under a stipulation in the No Child Left Behind Act. There is an opt-out clause in

MEZZ- Michael O'Sullivan, Legislative Director with this stipulation that is not well known but allows parthe Secretary of State's office, returned to the Ethics ents to elect not to allow the school to share their Committee Wednesday to present two small changes child's contact information.

to HB 540 that were made since the last meeting.

The committee had a strong concern that this resolution

New language in section three addressed the concern of the Georgia Municipals Association from the pervious meeting. The new language clarifies that any city or county employees may also serve as poll officers regardless of the county in which they reside. This

would negatively affect the military and its recruitment practices. Chairman John Douglas (R-Social Circle) and other members reminded the audience that without a draft, we can rely only on military recruitment to populate our armed-forces.

should alleviate some of he stress that smaller counties Several private citizens testified in support of the bill, have finding eligible poll officers to staff voting sites. including Caitlyn Barrow, a student at Georgia State

New language in section eight requires counties to provide the official electors list 21 days prior to a municipal election. The extension coincides with the start
of absentee/

University, who testified that she had been contacted several times by military recruiters. The committee pointed out that no harm came to Ms. Barrow as a result of these calls and mailings.

early voting A representative from the American Civil Liberties

periods for Union mentioned that the U.S. entered into the Human

municipalities. Rights Declaration that states that no one under the age

of 17 shall be recruited for military service. Sen. Staton

With no ob- pointed out that federal law preempts state law, so the

jections, the state is powerless with respect to the international con-

b i l l w a s tract mentioned above.

passed out of committee and will await its turn on the Rules calendar.

Tim Franz, representing the American Friends Service Committee, mentioned recruiters have an unfair quota that they have to meet. He asked the committee to consider hearing testimony from a recruiter to provide further information. The members agreed and will continue testimony before taking a vote.

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UPPER CHAMBER REPORT

Public Discussion Surrounds Governor's Water Task Force

By: Adam Sweat

CAP 450 - Today the Senate Natural Resource Committee held a public discussion to hear the testimony of several groups regarding the Governor's Water Bill. Jason O'Bouche, from the Council for Quality Growth, was present to express his support of the task force and stated that his organization is satisfied with the recommendations that have been included in Senate Bill 370. However, he noted some minor concerns that he has with the current language of the bill. These included the issue of billing for water consumption, which would have a direct impact on how companies bill residents for their usage of water.

In section five of SB 370, there are references made to submetering and multitenant buildings. He stated that submetering would subject all multitenants to the same meter reading which would be an unfair process for the state to enact. Darrian Collier, who represented the Georgia Apartment Association, also shared O'Bouche's concerns regarding the specific language used in the bill. He added that this is a tough issue to legislate on because there are many ways to determine water consumption. Other groups, including the Association of Water Professionals, the Georgia Conservancy, and the Georgia Municipal Association, took the opportunity to express their support for the legislation as well as the Governor's Water Task Force.

The committee also held a vote on Senate Resolution 859 which is sponsored by Sen. Judson Hill (RMarietta). The resolution, as amended, passed unanimously and will now move on to the Senate Rules Committee to see if it will make it to the chamber floor for a vote. With this the resolution, the state would be able to urge the necessary parties in our nation's capitol to allow for the exploration of new energy sources on the coast of Georgia. Currently, 90 percent of the state's natural gas comes from the Gulf of Mexico. Representatives from Atlanta Gas Light and the Georgia Petroleum Committee were both present to support this piece of legislation that would start the process of Georgia decreasing its dependency on others for natural gas. Furthermore, it would give the state a much needed increase in revenue.

Next week the committee will meet again to continue their discussion surrounding the Governor's Water Bill as well as other issues that pertain to natural resources in the state of GeorgiaNat.

From Page 4

involved in a frivolous lawsuit declines. He felt that offices. He noted that it would be a travesty to add yet

abolishing these unjust cases would bring a level of another layer of requirements to an already traumatic

confidence and productivity to the officers who are experience for the victim.

trying to do their best job.

Bill Clark stressed that law enforcement already has the

Those testifying against the bill included Bill Clark "shield of the state" to protect them. He noted that tak-

with the Georgia Trail Lawyers and Aaron Colson of ing away the ability for judges to determine if a lawsuit

Lobbyists for Life and Liberty. Colson stressed that it is frivolous or not removes an important right that they

would be difficult to find a police officer who would have to stop these cases from ever seeing the court

volunteer to be an expert witness. He noted that all room. He reminded the committee the this law has been

other professions protected by the bill enter a contrac- on the book since 1988 and has never stopped frivolous

tual relationship with their clients, but this is not the lawsuits against physicians. He pointed to dramatic

type of relationship that police have with everyday citi- health care tort reform that was the hot topic in 2003.

zens. The professions are mostly private, while police This legislation was passed regardless of the fact that it

officers have the state as a support unit. Colson felt that sought to have the same outcome of this bill and both

"frivolous" lawsuits are the price we pay in order to have been unsuccessful.

allow valid cases to be heard. He recounted a personal story in which his sister had been raped by two police The committee will vote on the issue at the next meet-
ing.

Page 5

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