Upper chamber report 2010 February 16

FEBRUARY 16, 2010 . DAY18
Upper Chamber Report

Raegan Weber, Press Director Kallarin Richards, Editor in Chief

TOP STORY

Legislative Day 18: Senate Creates Legislative Economic Development Council

By Meredith Rich

CHAMBER (Feb. 16,

2010) - The Senate re-

convened on Tuesday

with a focus on eco-

nomic development.

State Sen. Chip Pearson

(R- Dawsonville) spon-

sored a bill creating the

Legislative Economic

Development Council,

which will evaluate the

state's overall economic

development strategy Sen. Chip Pearson encourages senators to create a legislative

and review all state

economic development council

funded activities and

expenditures that go into implementing the strategy (SB 374). The council

will ensure money is spent appropriately and better facilitated in other areas.

Duties of the council include reviewing the state's goals regarding economic

development, job creation and business formation; reviewing periodically

current tax exemptions and credits; and analyzing proposals and making rec-

ommendations to appropriate legislative committees for action.

The council will be co-chaired by the lieutenant governor and the speaker of the House, and will consist of 12 Senate and House members. Also, the council may appoint a citizen advisory committee to be made up of business and industry leaders to provide input and guidance to the council.

The Georgia Department of Economic Development must prepare an annual report detailing the state's programs and activities related to job creation and economic development in Georgia. This will list the tools and incentives that Georgia uses to grow jobs and recruit and retain business. With respect to tax credits, the reports must detail how much for each credit was used and how many jobs were created as a result of the credit. The bill passed with unanimous support.

Sen. Mitch Seabaugh's (R-Sharpsburg) Utility Contractor's Bill also passed, which clarifies that licensed utility contractors are eligible to bid on jobs for utility systems (SB 339). The legislation makes it unlawful for anyone with a valid utility contactor's to be refused work on the basis that the contractor does not hold a residential or general contractor license. The bill passed without opposition.

Sen. David Shafer (R- Duluth) presented his bill that requires a periodic review of state licensing boards to ensure its necessity in the current business

Continued on Page 3

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Seabaugh presents Common Sense Lawful Carry Act in Committee
By Raegan Weber
ATLANTA Senate Majority Whip Mitch Seabaugh (RSharpsburg) today presented Georgia's Common Sense Lawful Carry Act to the Senate Special Judiciary Committee. Seabaugh walked the members of the committee through the committee substitute page by page, living up to his pledge for an open process. He cited confusion in the current law and presented how his bill will provide lawfully carrying citizens and law enforcement clear guidelines.
"This legislation has two purposes to remedy confusion in the current law and bring continuity to the process of licensing and regulation," said Seabaugh. "Lawfully carrying citizens want to follow the laws and law enforcement officers want to be able to enforce the law. We must eliminate the `gotcha' situation out of any law we can."
Seabaugh testified that he reached out to all parties who had interest in the legislation, including gun safety advocates. Since introduction of the bill in January, Seabaugh met with representatives from the Board of Regents, Georgians for Gun Safety, Georgia Carry, churches, educators and law enforcement officials. Each of them had the opportunity to learn about the Lawful Carry bill and had suggestions of their own for improvements. The proposed committee substitute reflects that input.
The bill brought before the committee was an update from the proposed legislation. The committee substitute included clear definitions of unauthorized locations to a place of worship and a bar, unless permitted by the owner. Clearer penalties for infractions of carry laws were added along with the addition of criminal trespass involving a weapon. Classrooms and research facilities on college campuses were added to the prohibited carry areas. Universities will have the authority to determine if lawfully carried weapons will be allowed at athletic events. A voluntary training component for an enhanced weapons license has also been added to the legislation.
Committee Chairman John Wiles (R-Kennesaw) adjourned the meeting without a vote. Committee members have been given time to review the bill in more detail and work out any final details with Sen. Seabaugh before reconvening next week. (Brief committee report on page 6.)

Senator Jeff Mullis introduces Blue Alert Bill for capturing criminals who have injured or killed law enforcement officers

By Raegan Weber

"I have a great relationship with the FOP and wanted

to push through this legislation as soon as it was re-

ATLANTA Senate Transportation Chairman Jeff quested," Mullis said. "If such a system had been in

Mullis (R-Chickamauga) has introduced Senate Bill place yesterday, the person who committed this terri-

397 behalf of the Georgia Fraternal Order of Police ble act against Officer Vogt perhaps would have been

which creates a state-wide alert system to speed the in custody within hours."

apprehension of violent criminals who kill or seri-

ously injure local, state, or federal law enforcement Similar to the Amber Alert Law, a Blue Alert Law

officers.

would activate

Continued on Page 3

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UPPER CHAMBER REPORT

the Georgia Department of Transportation message boards and other state messaging systems to notify the public when a police officer has been killed or seriously injured and the perpetrator is at large
"This would be a great tool in apprehending criminals who assault law enforcement officers," said Georgia FOP State President Carlton Stallings. "With the loss yesterday of Officer Mike Vogt in Chattahoochee Hills, this bill couldn't be more timely."
According to reports Vogt was fatally shot early yesterday afternoon while down Vernon Grove Road near Hutcheson Ferry Road in South Fulton County.

The State Blue Alert System has four criteria that must be met to be activated:
A law enforcement officer must have been killed or seriously injured or seriously injured by an offender
The investigating law enforcement agency must determine that the offender poses a serious risk or threat to the public and other law enforcement personnel
A detailed description of the offender's vehicle, vehicle tag, or partial tag must be available for broadcast to the public
The investigating law enforcement agency of jurisdiction must recommend activation of the Blue Alert to the State Operations.
Continued From Chamber Story on Page 1

climate (SB 148). At least once every seven years, the existing regulatory entities board must make sure the report meets public interest. If the council concludes regulatory changes are necessary, a report will be issued recommending the changes about that regulatory entity. The head of any regulatory entity will have the right to appear before the council to contribute suggestions regarding potential changes to that respective entity.
Right: Senate welcomes the National Champion Warner Robins American Little League Team on Tuesday
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Sen. Smith Announces Funding and Efficiency Bill for Georgia's Courts

By Kallarin Richards

more than $20 million in funds for the courts.

ATLANTA -Sen. Preston Smith (R-Rome), chairman To increase efficiency throughout the justice system,

of the Senate Judiciary Committee, today introduced the bill adds two new justices to the Georgia Supreme

bipartisan legislation to enhance funding and effi- Court, which will consist of nine total members. The

ciency for Georgia's overburdened courts. A judicial Court of Appeals will also see a panel of three judges

operations fund will be created under Senate Bill 429 added, totaling 15 members. These additional posi-

to fund the operations of the courts and a significant tions give the courts more personnel to handle the

portion of judges' salaries. The bill also appoints overflow of cases and accelerate the process of ap-

additional members to Georgia's Supreme Court and peals. The Georgia Supreme Court has contended

Court of Appeals to help expedite case load.

that it is the busiest court in the nation by virtue of the

number of cases handled by each of its justices.

"Georgia's judicial system is backlogged with cases

that need to be resolved, but there's not enough The idea of increasing funding for the courts and add-

money or manpower to administer justice in a timely ing additional positions has received wide bipartisan

and efficient manner," said Sen. Smith. "This bill is support. So far, the bill has received 31 signatures

the solution to getting those cases heard and provid- from Sen. Smith's colleagues in the Senate.

ing the courts with additional resources to ensure citi-

zens' cases are being heard and resolved."

Money for the judicial operating fund will be supported by an additional $100 filing fee on civil cases in state and superior courts. The current fees and add-ons of $82 rank Georgia among the lowest in civil filing fees in the nation, with a national average of $168. Some states such as Florida charge as much as $395. This additional fee is expected to generate

Transportation Committee votes for DOT Flexible Funds
By Raegan Weber

CAP 450 (Feb. 16, 2010) The State Senate Transportation Committee, chaired by Sen. Jeff Mullis (R-Chickamauga), today voted in favor of a Constitutional Amendment that would allow for more flexible funding options on Department of Transportation (DOT) projects.

State Sen. David Shafer (R-Duluth) presented Senate Resolution 821 that will authorize the General Assembly to allow the DOT to enter into multiyear construction agreements without obligating present funds for the full amount of obligation the state may bear under the full term of the agreement. Any agreement must provide for the termination of the agreement in the event of insufficiency of funds and limit the payments or other obligations of the state to not more than 10 fiscal years.

Under current law, DOT cannot enter into contracts without having

the full amount of funds to begin the work. For example, if DOT

wants to enter into a three-year contract that will cost $100 million

each year, it must have the full amount of

Continued on Page 7

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Flexibility: The Name of the Game in Education Committee
By Katie Wright
307 CLOB (Feb. 16, 2010) - The Senate Education and Youth Committee passed several bills on Tuesday to give school systems more flexibility in light of recent budget cuts. House Bill 906, sponsored by Rep. Jay Neal (R-Lafayette), allows schools an additional 30 days to offer an employment contract to employees. Rep. Neal explained this is significant because schools will now be able to make decisions based on concrete budget numbers. Previously, decisions were based on outlook figures. This bill mandates the extended deadline is only in effect until the 2012-2013 school year.
The committee also discussed HB 907, authored by Rep. David Casas (R-Lilburn). Currently, middle school programs only receive funding if grades six, seven and eight are housed in the same facility. HB 907 ensures middle schools receive funding provided the school is organized into some combination of the three grades. The bill passed unanimously.
Rep. Tom Dickinson (R-Cohutta) introduced HB 905 to extend the sunset date for low-wealth capital outlay grants. It received unanimous consent.
Sen. Dan Weber (R-Dunwoody) is carrying Senate Bill 387 which directs the Student Finance Commission to provide web based counseling, career tools and a graduation plan to assist with the transition to secondary school or the workforce. A website is already in place but this bill codifies it so that extra funding will be attainable. SB 387 also received unanimous passage.

Firearms Legislation moves out of Public Safety Committee
By Natalie Strong

Higher Education Committee Supports Lottery Bonus Reviews
By Natalie Strong

CAP 450 (Feb. 16, 2010) - An amended substitute for Senate Bill 291, sponsored by Sen. David Shafer (R Duluth), passed out the Public Safety Committee on Tuesday. Shafer introduced SB 291 on the last day of the 2009 Legislative Session. The bill provides that weapons license holders receive at least 90 days notice that their license be renewed. In addition, Shafer made updates to licensing ineligibility and clearer guidelines for noncitizen renewals. The substitute was amended on Tuesday to exclude Section 2, which made it legal for individuals to carry firearms in their vehicle while picking up or dropping off passengers at the airport. Sen. Valencia Seay (D- Riverdale) was the lone dissenting vote as the bill was sent on to the Rules Committee. Representatives from the NRA, Lobbyists for Life and Liberty, as well as the Georgia Sheriff's Association were present to speak in support of the bill.

CAP MEZZ (Feb. 16, 2010) - Sen. Mitch Seabaugh's (R-Sharpsburg) Georgia Lottery Legislative Oversight Committee Bill passed unanimously out of committee on Tuesday with little discussion. Senate Bill 293 will require members of the Georgia Lottery Corporation to submit proposed bonuses or incentives for the upcoming year to a newly formed legislative oversight committee
before the start of the fiscal year. The bill will now go to the Rules Committee where it will await its turn on the floor calendar.

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Special Judiciary Hears Common Sense Lawful Carry Bill
By Raegan Weber
CLOB 310 (Feb. 15, 2010) The State Senate Special Judiciary Committee, chaired by Sen. John Wiles (RKennesaw), met on Monday to discuss Sen. Mitch Seabaugh's (R-Sharpsburg) Common Sense Lawful Carry Legislation (Senate Bill 308). Seabaugh's goal is to clarify confusion in the current law and bring continuity to the licensing and regulation of weapons permits.
SB 308 removes the public gathering clause out of the current law, which is the cause of great confusion for lawfully carrying Georgians as well as law enforcement. The bill gives private property owners the right to determine if they would like weapons on their premises. In addition, the bill aims to bring the licensing and regulation system under the Secretary of State's office, so each of Georgia's 159 counties will have the same standards. The amendment maintains all background checks currently in place.
The greatest concerns of the bill focused on carrying weapons in churches and on college campuses. Some fear that allowing firearms in these areas would only encourage acts of violence. Seabaugh reminded the committee that if somebody wants to commit random acts of violence, they will do so regardless of the law. He also noted that weapons would not be allowed everywhere on campuses and only by those who are over 21 and lawfully permitted to carry.
The bill was held over in committee for further deliberation and any additional changes.

Creation of New Economic Development Council Passes Senate

By Kallarin Richards

cies from other states. In conjunction with the GDEcD,

the council must provide an annual report to the gover-

ATLANTA The Georgia State Senate today voted in nor detailing the state's programs and activities related

favor of creating an economic development council of to job creation and economic development in Georgia.

state lawmakers to evaluate all state-

funded activities that support Georgia's

Currently, economic develop-

economic development strategy. Chair-

ment initiatives are scattered

man Chip Pearson (R-Dawsonville) of the

throughout the budget and across

Senate Economic Development Commit-

agencies. A sound economic

tee will carry Senate Bill 374, which has

development strategy will gener-

the strong support of the Lt. Governor.

ate new opportunities and make

Georgia an attractive business

"As stewards of taxpayer dollars, it's our

destination. Additionally, an

responsibility to ensure that money used

ongoing review of state rules,

for economic development is utilized

regulations and red tape will fur-

effectively to promote job creation and

ther position the state as a prime

growth," said Sen. Pearson. "The council

location for growing businesses.

is an important tool to align our efforts on a coordinated

economic development strategy that will increase effi- "The Legislative Economic Development Council will

ciencies and encourage job creation."

provide a forum to empower the General Assembly to

work together in looking at the state's overall economic

The council will be comprised of Senate and House leg- development strategy and making sure that the money,

islators and will be charged with reviewing current the policies, the programs and rules are all aligned in

goals, tax exemptions and credits, as well as the Depart- order to maximize job creation and business growth in

ment of Economic Development's (GDEcD) activities Georgia. Senator Pearson has been a strong leader on

and expenditures and other entities. The council will this issue and a tireless advocate for economic develop-

also analyze legislative proposals relating to economic ment and I thank him for his efforts on this bill," said Lt

development, as well as researching legislation and poli- Governor Casey Cagle.

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Pharmacy Benefit Manager Licensing Bill Clears Insurance Committee
By Matt Colvin
CAP MEZZ (Feb. 16, 2010) A bill that would require pharmacy benefit managers (PBM) to be annually licensed through the Insurance Commissioner's office was unanimously approved by the Senate Insurance and Labor Committee on Tuesday. Sen. Lee Hawkins (R-Gainesville) authored Senate Bill 310 which will prevent unlicensed PBMs from circumventing the laws of regulations. The bill provides exceptions to PBMs operating in alliance with a medical facility or health insurer, as well as penalties of up to $1,000 for each violation of acting as a PBM without a license. Sen. Hawkins had a previous version of this legislation
passed by the General Assembly in 2009, but it was ultimately vetoed by Governor Sonny Perdue. He told the committee that he has worked with the governor to ensure SB 310 will be signed into law if passed.
Two bills relating to increased access to affordable health care plans were then discussed but not voted on. Sen. Judson Hill (R-Marietta) presented SB 407 and 408 to committee members, discussing his goals of expanding access for Georgia's citizens to other states' health care plans and allowing businesses to form cooperatives in order to make quality health insurance plans more affordable. The committee listened to testimony from Sen. Hill and several groups looking to address some concerns with the consumer protection aspects of the legislation. Sen. Hill offered to meet with all interested parties to find common ground before the bill is taken up for a vote by the committee.

Continued From Transportation on Page 4
$300 million on hand. Georgia is one of only a handful of states in the nation that operate under this type of law. Many states appropriate the funds each year for multi-year contracts. Shafer says that this is preventing Georgia from beginning much-needed projects in addition to limiting access to federal matching and stimulus funds.

Sen. Bill Heath (R-Bremen) expressed concerns of obligating taxpayer dollars for future debt. He asked if the same thing could be accomplished by selling bonds to achieve the total amount of funding dollars for the projects. He was also concerned about the state's bond rating and if this sort of contracting would negatively impact it. Sen. Chip Pearson (R-Dawsonville) mentioned that the state already has to incur transportation costs to receive matching federal funds. In addition, he questioned whether this would leave projects at risk for not being completed if funds run out.

Because this is a Constitutional Amendment, SR 821 must achieve two-thirds vote in the House and Senate before going to Georgians for their vote on the November 2010 ballot. If voters decide to allow for more flexible funding for DOT projects, enabling legislation would be created the next legislative session that would provide DOT more direction on how funds were utilized and to ensure projects were complete. The resolution unanimously passed out of committee.

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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