Upper chamber report 2010 February 17

TOP STORY
Legislative Day 19: Senate Passes Bill to End Unethical Heath Insurance Practices

FEBRUARY 17, 2010 . DAY19
Upper Chamber Report

Raegan Weber, Press Director Kallarin Richards, Editor in Chief

By Adam Sweat

CHAMBER (Feb 17, 2010) After much debate on the Senate Floor, a bill that increases transparency when health insurance companies utilize rental networks passed by a wide margin of 51-1. Throughout the state there are many companies that accumulate a network of medical providers and contract their services to health insurance companies. Insurers that use these rental networks can reimburse doctors for less than the rate agreed upon by the doctor and the original insurance company. Senate Bill 50, authored by Sen. Ralph Hudgens (R-Hull), chairman of the Insurance and Labor Committee, requires that heath insurance companies disclose when they use a rental network. Two amendments were attached to the bill that increases penalties for companies that violate the terms of the bill, and another that gives doctors the right to a civil cause of action should such practices continue.

Sen. Steve Thompson (D-Marietta) took the well in support of the legislation, citing the need to hold heath insurance companies accountable for their actions. He reiterated that the bill aims to encourage transparency, and that as lawmakers it is their responsibility to provide Georgia citizens with laws that are transparent.

Sen. Seth Harp (R-Midland) spoke in favor of SB 50, agreeing that the larger issue of the bill is transparency. He noted the health insurance industry has literally been taking money out of the pockets of hard working physicians for profit by reimbursing less. Furthermore, the discounted rates have perpetuated the cycle of good doctors going out of business.

Freshman Sen. Buddy

Carter (R-Pooler) was

treated to the Senate's

traditional initiation

of a steady stream of

light-heartedly tough

questions for new

senators when they

introduce a bill on the

Sen. Buddy Carter presents his first bill in Chamber

floor for the first time. Senate Bill 353 is an annual update on dangerous medici-

nal drugs, which received a unanimous vote of 50-0 but not before several sena-

tors took their shot at Carter by asking him to pronounce several of the drugs

listed in the bill.

Senate Bill 341 also received a unanimous vote of 51-0, which was sponsored by Sen. Harp and requires that an individual be a legal resident of Georgia to be eligible to receive a HOPE GED voucher.

Sen. John Wiles' (R-Kennesaw) bill (SB 138) that requires legislation to specifi-

Continued on Page 3
* Follow the State Senate on Twitter at GASenatePress

Cost-Savings and Transparency in State Government move through Committee
By Kallarin Richards

CLOB 310 (Feb. 17, 2010) Bills aimed at achieving costsavings and transparency throughout Georgia's state government were overwhelmingly approved by the State and Local Governmental Operations Committee on Wednesday. Sen. Jim Butterworth (R-Clarksville) noted that the simple printing costs for six state agencies, including the Departments of Driver Services and Revenue, total $6.7 million. The Paper Reduction Act (Senate Bill 388) mandates electronic distribution and publication in state government, unless printing is necessary by a legal standard, such as driver's licenses. Sen. Butterworth is also carrying the Transparency in Government Act (SB 389), which will expand the public information website www.open.georgia.gov to include all three branches of government, any regional education service agency, all local boards of education, federal pass through dollars and contracts and expenditures made by the General Assembly.

Chairman Lee Hawkins (R-Gainesville) introduced his resolution that urges Congress to prohibit multiplesubject bills and including earmarks in non-budget legislation. Senate Resolution 992 urges Congress to adopt a single-subject rule, similar to how Georgia's General Assembly operates. Sen. Hawkins said this will reduce confusion in Congress and prevent congressmen from voting for something they don't believe in.

In addition to voting in favor of SR 992, the committee also voted to pass Sen. Buddy Carter's (R-Pooler) bill that allows municipalities to determine when it is appropriate to establish a conservation easement. SB 390 also makes it easier to lease property or use a city facility on a short-term basis by allowing municipalities to enter into short-term lease agreements for less than 30 days.

Amateur Boxing Events get Boost in Oversight Committee

By Meredith Rich

ment Commission. If the bill is signed by the governor,

the association will join 16 other associations under the

CAP 125 (Feb. 17, 2010) The Government Oversight commission.

Committee voted in favor of recognizing the Georgia

Boxing Association as a governing body for amateur Also in committee was Sen. Mitch Seabaugh's (R-

boxing, wrestling and martial

Sharpsburg) bill, which reduces

arts (Senate Bill 336). Sen.

the number of hours of continu-

Gloria Butler (D-Stone Moun-

ing education a Certified Public

tain) drafted the bill to allow the

Accountant (CPA) must com-

association to legally host more

plete in order to renew a live

amateur events. The bill also

permit (SB 351). Currently, the

adds the Georgia Boxing Asso-

law requires CPA's to complete

ciation to the list of recognized

at least 60 hours of continuing

governing bodies called the

education, but this bill will re-

Georgia Athletic and Entertain-

duce the requirement to 20

ment Commission. Speaking on

hours for state employees. He

behalf of the bill was Alexander

said that in a time of economic

Beadle of the Georgia Boxing

downturn, CPA's should focus

Association, who said that the

on their work, and not the

association is currently withheld

amount of hours needed to re-

from certain events because

new their permit. Both bills

they are not listed under the

passed unanimously out of

Georgia Athletic and Entertain-

committee.

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UPPER CHAMBER REPORT

Public Safety Committee Bill aids Police Recruitment and Hiring Procedures

By Matt Colvin

detection

device per-

307 CLOB (Feb. 17, 2010) A bill to strengthen law mits re-

enforcement agencies' ability to hire and retain quality voked or

peace officers passed overwhelmingly out of the Senate suspended

Public Safety Committee Wednesday. Senate Bill 373, for running

sponsored by Sen. Johnny Grant (R-Milledgeville), e x c e s s i v e

would require an employer to disclose employment- radar on

related information to an investigating law enforcement roads and

agency when a search is being conducted on hiring or h i g h w a y s

certifying a police officer. Several police chiefs and in their

sheriffs joined with Grant in support of the bill, and a j u r i s d i c -

top labor law expert testified that this bill would not tion. If passed, the bill would lower the current 40 per-

violate any federal or state privacy rights granted to an cent cap of speeding fines in any agency's budget to 35

employee. The committee unanimously passed a substi- percent. Committee members heard from police and

tute to the bill which included several language re- highway safety officials as they voiced their concerns

writes.

about the bill's negative affect on public safety with the

lower percentage in budget totals and a possible increase

Two additional bills were heard by the committee but in speeding violations. Chairman Jack Murphy (R-

were held for a full vote until a later date. Sen. Mitch Cumming) decided to postpone voting to allow Sea-

Seabaugh (R-Sharpsburg) presented SB 295, which will baugh and public safety officials time to find common

crack down on police attempting to raise municipal and ground on the bill.

county revenue with excessive speeding fines for viola-

tions less than 17 miles per hour over the limit. The bill Finally, a resolution (SR 570) by Sen. Nan Orrock (D-

would require law enforcement agencies to annually Atlanta) urging the U.S. Congress to work on compre-

submit reports to the Department of Community Affairs hensive immigration reform was ultimately held for a

(DCA) detailing their collected fines from speeding vio- vote after a 3 to 3 stalemate. Concerns over specific

lations from tickets less than 17 mph over the speed language in the bill caused the vote split between mem-

limit. The bill would allow DCA to withhold any state bers and it was decided that the resolution would be held

funds for one year to agencies who have had their speed until the next meeting for a full committee vote.

Continued from Chamber on Page 1
cally state when a citizen has the right to a civil cause of action was passed by a vote of 45-3.
In other news, the Senate honored Gen. Larry Platt with a resolution from Sen. Vincent Fort (DAtlanta). While he achieved notoriety on "American Idol" for his performance of "Pants on the Ground", he has also been a dedicated member of the Civil Rights Movement since the 1950's. Sen. Fort commented that Platt has been a "life long defender of equality on the front lines of social justice."
Page 3

Senate Welcomes Civil Rights Activist General Larry Platt UPPER CHAMBER REPORT

State Employees to Receive Leave to Care for Disabled Military Spouses

By Adam Sweat

sponsored by Sen. David Shafer (R-

Duluth). Currently, there are three

CLOB 310 (Feb 17, 201) Today the

Navy SEALS who are facing court

Senate Veterans, Military and Homeland

martial proceedings for allegedly

Security Committee passed Senate Bill

punching terrorist Ahmed Hashim

383 to allow state employees to take up to

Abed in the stomach while captur-

30 days of paid leave to care for a spouse

ing him. The resolution asks Presi-

injured in current military conflicts. The

dent Obama to pardon these indi-

bill also provides for an additional 30

viduals as Abed was the alleged

days of unpaid leave.

planner of a ambush in Fallujah,

Iraq in March 2004. Four Ameri-

Sponsored by Sen. Emanuel Jones (D-

cans were brutally murdered and

Decatur), SB 383 acknowledges the tough

hung on a bridge before being

position families are in when a loved one

burned and mutilated during this act

returns from war with a permanent dis-

of terror. Abed evaded justice for

ability. The legislation is only intended

five years before being captured by

for the current military conflicts and will

the three Navy SEALS.

not be valid once the United States has concluded their

involvement. It passed by a unanimous vote and will Again, the committee passed the resolution by a unani-

now move on to the Senate Rules Committee.

mous vote and the legislation will now be heard by the

Senate Rules Committee.

The committee also passed Senate Resolution 1035,

By Natalie Strong

Water Issues Make Waves in Natural Resources

CAP 450 (Feb. 17, 2010) - The Committee on Natural Resources and the Environment started the meeting by successfully passing an amended substitute to Senate Bill 370, the Water Conservation and Water Supply Enhancement Bill. The bill, which has been the primary focus of the committee this session, passed unanimously along with three amendments. The three amendments included language from The Georgia Farm Bureau, the Apartment Association and the Georgia Municipal Association. The bill focuses on water conversation by requiring all state water systems to adopt best practices for monitoring and improving efficiency by January 1, 2011. Additionally, the bill will also require all new multitenant residential buildings permitted after July 1, 2012 to adopt vital sub metering practices, as well as requiring high efficiency plumbing fixtures in all new construction permitted after the same date. Finally, the bill calls for the formation of a new Joint Committee on Water Supply in order to monitor and evaluate future water needs in the state. Will Wingate from the Georgia Conservancy lauded the bill for being a great step in the future of conservation and water legislation.

Next, the committee heard Sen. Chip Pearson's (R-Dawsonville) Private Reservoir Bill, which encourages private/public partnerships in creating and maintaining reservoir systems throughout Georgia. Representatives from the Coosa River Basin Initiative and the Chattahoochee Conservancy spoke out against the bill. The focus of their concern was that a free expansion of reservoirs on public and private land throughout Georgia would be detrimental to natural habitats as well as water quality. Additionally, the ACCG and GMA both spoke out against the bill in its current state focusing on the unnecessary costs on local governments as well as loss of funds from water revenue. The ACCG implored the committee to ensure proper local input on all new and existing reservoirs is included and the GMA stressed the importance of private reservoirs not being exempt from the current environmental standards which all public reservoirs must meet. After this testimony, committee Chairman Sen. Ross Tolleson ( R-Perry) proposed a change to the bill which took out the exemption status for new reservoirs. The bill passed with dissenting votes from Sen. Dan Weber (RDunwoody) and Sen. Jeff Chapman (R-Brunswick).

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UPPER CHAMBER REPORT

Ethics Committee Logs on to Online Voter Registration

By Natalie Strong
CAP Mezz (Feb. 17, 2010)-On Wednesday, the Ethics Committee unanimously passed the Online Voter Registration Bill (SB406). Sponsored by Sen. Cecil Staton (R- Macon), the bill paves the way for online voter registration in Georgia. Representatives from the Secretary of the State's Office were on hand to discuss their office's support of online voter registration and the many way it would save the state money and time. Representatives from the League of Women Voters spoke in support of any bill that encourages citizens to vote by making the proc-

ess easier, but cautioned the committee that security and accuracy were the main concerns. All groups present stressed the importance of a secure system where only citizen's eligible to vote would be able to register and no illegal voters would be able to slip though the cracks. If the bill passes the House and Senate, it must be approved by the Department of Justice before it can become state law.

Senate Provides Clarity in citizens' Private Right to Sue
By Raegan Weber
ATLANTA (Feb 17, 2010) The Georgia State Senate today voted to provide greater clarity in citizens' private right to sue through the passage of the Transparency in Lawsuits Protection Act (SB 138). Sponsored by Sen. John Wiles (R-Kennesaw), SB 138 is based on American Legislative Exchange Council (ALEC) model legislation and calls for transparency in the legislative creation of new private rights to sue and would give the judiciary clear guidelines on statutes so that legislative decision-making authority is not side-stepped or misinterpreted.
"When we pass laws we need to be crystal clear. Consumers, businesses, and their lawyers deserve to know when and where they can sue or be sued. By enacting SB 138, Georgians will no longer be forced to seek the assistance of Georgia Courts to determine if they have a private cause of action," said Wiles. The uncertainty in Georgia law leaves interpretation up to the courts and this has resulted in over 30 Court of Appeals opinions determining that there is no private cause of action. The bill creates new Code Section 9-2-8, which makes it clear that a private right of action does not automatically arise when a legislative enactment occurs, unless expressly provided in the new statute.
Upon enactment of SB 138, if legislators would like to create a new right to sue, they would create the new right explicitly. If legislators want the statute to be enforced through other means, no new right would be created. Judges would then be able to understand the legislature's intent in passing a law because of SB138. "When we're asking the courts to do more with less due to tight budgets, it is incumbent on the legislature to clarify the law whenever we can and reduce unneeded cases," said Wiles.

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