Upper chamber report 2010 February 2

FEBRARY 3, 2010 . DAY10
Upper Chamber Report

Raegan Weber, Press Director Kallarin Richards, Editor in Chief

TOP STORY

Legislative Day 10: Senate passes Digital Textbook Bill

By Jennifer Kitt

name of the "Office of Treasury and

Fiscal Services" to the "Office of the

CHAMBER (Feb. 2, 2010) The State Treasurer." It also renames the

Georgia State Senate voted in favor "Director of the Office of Treasury

of giving local

school boards

more flexibility

in allocating

funds for digi-

tal text books.

The bill's

sponsor, Sen.

Cecil Staton

(R-Macon),

drafted Senate

Bill 319 after

meeting with

local school

districts.

"Our children

Sen. Jack Murphy (R-Cumming) recognizes Georgia's Firefighters

are learning

differently than they did just five or and Fiscal Services" to "State Treasten years ago," said Sen. Staton. "If urer." The legislation passed unanithe limitations on funding are main- mously. tained, the schools will be slower to

adopt new technologies."

Today marked the 38th annual fire-

fighters recognition day at the State Sen. Steve Thompson (D-Marietta) Capitol. Sen. Jack Murphy (Rvoiced concerns about the constitu- Cumming) sponsored Senate Resolutionality of the bill's language. He tion 938 recognizing firefighters day, felt that changing the definition of a and gave a welcoming greeting for text book to include digital technolo- the visiting firefighters. gies could lead to the misuse of lot-

tery funds intended for Pre-K and the "It gives me a great deal of pleasure

Hope Scholarship.

to recognize the firefighters of this

state for the unending sacrifices they "A computer or a digital reader make in protecting us and protecting would be along the lines of some- our welfare," said Sen. Murphy. thing I'm not opposed to, but there's

a reason why you limit the defini- Sen. Valencia Seay (D-Riverdale)

tion," said Sen. Thompson. The bill then recognized the anniversary of

passed with a 45 to five vote.

the 19th Amendment to the U.S. Con-

stitution, creating women's suffrage. The Senate also passed SB 296, Legislators wore yellow roses to sponsored by Sen. Mitch Seabaugh show their support of the suffrage (R-Sharpsburg), which changes the movement.

* Follow the State Senate on Twitter at GASenatePress

Senate Transportation Committee works to keep Transportation Jobs for Georgians

By Raegan Weber

GDOT Commissioner Vance Smith testified to

CAP 450 (Feb. 2, 2010) Senate Transportation Com- GDOT's exploration of the bill today. Smith stated,

mittee Chairman Jeff Mullis (R-Chickamauga) effi- "We're certainly looking to put people to work, not out

ciently conducted the third meeting of the Transporta- of work." However, upon exploring the effects of this

tion Committee taking up legislation that

legislation with GDOT legal council,

would increase transportation jobs and

there may be complications with federal

contracts for state and local businesses.

law since the majority of transportation

contracts have matching federal funds.

Sen. Chip Pearson (R-Dawsonville) pre-

According to GDOT, stipulating trans-

sented his private financing projects bill,

portation projects for local contracts

Senate Bill 323 (SB 323), for discussion

may be determined as anti-competitive

with the committee members and the

by the Federal Highway Administration.

Georgia Department of Transportation

(GDOT). Pearson's objective behind the

Members of the committee certainly do

legislation is to ensure that when local

not want to restrict any businesses from

transportation contracts occur, Georgia

competition, but would rather Georgia

businesses are utilized. This would help

contractors be a first choice. The com-

the state's economy and get more Geor-

mittee asked the General Assembly leg-

gians back to work.

islative council and GDOT to explore the possibility of

adjusting the language to stipulate only if state and

Specifically, SB 323 says that any final contract with local dollars are utilized or if they can stipulate that

private funding sources must designate local contrac- only residents of Georgia can be utilized for a project.

tors as recipients of at least 30 percent of the total Pearson committed to working with legislative council

value of the contract and small businesses as recipients and GDOT to perfect the language before bringing the

of at least 30 percent of the contract.

bill to the committee for a vote.

Higher Education Committee Takes Deeper Look at GA Lottery

By Natalie Strong

CAP Mezz (Feb. 2, 2010) - At Tuesday's Higher Education Committee Meeting, Sen. Mitch Seabaugh (RSharpsburg) presented Senate Bill 293, The Georgia Lottery Corporation Board of Directors Bill. The purpose of the bill is to increase accountability and transparency in the Georgia Lottery Corporation (GLC) and to repurpose the oversight committee in order to evaluate the qualifications for salary and bonuses. Seabaugh noted that students and parents in Georgia are the true shareholders of this corporation and they deserve a stronger voice in the salary and bonus structure of lottery officials. As the percentage of funds allocated to the HOPE scholarship and Pre-K programs has declined, Lottery leadership has been awarded record bonuses. Georgia Code says that net proceeds contributed to education shall equal at least 35 percent of the lottery proceeds, but that has not happened since 1995. Though Georgia Lottery profits have increased each year, the percentage allocated to education had gradually declined.

Margaret DeFrancisco, president and CEO of the Georgia Lottery Corporation, was on hand to defend the current structure of the GLC. She noted that that the GLC takes every necessary step to maximize revenue for education, and attested that no other lottery system in the U.S. has had as many years of straight growth as that in Georgia. She detailed the method in which the board of directors are active in approving salary and bonus structure based on lottery proceeds and merit. She assured the committee that the GLC will continue to do everything in their power to promote and uphold transparency.

The bill will remain in committee and Sen. Seabaugh will present the bill for a vote after a meeting with Gov. Sonny Perdue to better asses the current climate of the Georgia Lottery System.

Page 2

UPPER CHAMBER REPORT

Insurance and Labor Committee Votes to Increase Transparency of Provider Networks

By Katie Wright

other unnecessary layer of regulation placed on health

insurance providers. Graham suggested narrowing the

CAP 450 (Feb. 2, 2010) In an effort to create transpar- focus of the bill so that providers acting within legal

ency with provider network contracts, Chairman Ralph rights are not adversely affected. Not one of the provid-

Hudgens (R-Hull) brought his Senate Bill 50 before ers he represents enter into these confusing contracts

Tuesday's Insurance and Labor Committee. This legis- with third parties.

lation would require all contracts that a health insurance

provider might enter into with a third party are available The Medical Association of

to all relevant parties. The contract must also align with Georgia was represented by

all original stipulations in the contract between the pro- Donald Palmisano, who testi-

vider and the consumer.

fied on behalf of the physi-

cians.

The committee heard from numerous experts, including

Dr. Robert Howell, an orthopedic surgeon who testified Sen. Preston Smith (R-Rome) testified that part of the

on behalf of physicians. He discussed the confusion and problem with the system is the relationship between the

frustration that medical professionals get when dealing physicians and the insurance providers. According to

with the complex web providers create in "renting" out Smith, they should be working together for the better of

their networks.

the patient or consumer, rather than finding a place to

lay blame for issues related to compensation of services.

Graham Thompson represented the Georgia Association

of Health Plans and testified that this legislation is an- SB 50 passed 7-0 out of committee.

Economic Development Votes for more Oversight of Cable Company Pole Attachment Rates

By Kallarin Richards

gia Power is $5.72, while some the model agreement, SB 328

EMCs and cable operators charge seeks to bring all stakeholders un-

CLOB 307 (Feb. 2, 2010) The pole attachment fees in excess of der the same regulation.

Georgia Public Service Commis- $20. He noted that more than 20

sion (PSC) will have the authority states have assumed jurisdiction After questions from members, the

to resolve disputes concerning over monopoly poles and decided committee ultimately voted in fa-

rates charged to cable companies that the PSC or a similar govern- vor of the bill. They also passed a

for attaching lines to Municipal ment entity is the appropriate or- resolution that urges Georgia's

and Electrical Membership Coop- ganization to oversee such issues. congressional delegation to oppose

erative (EMC)-owned utility poles

Cap and Trade legislation. Ac-

and pole attachment disputes, un- Representatives from the cable cording to Senate Resolution 801

der legislation passed by the Eco- industry testified in support of the and its author, Chairman Pearson,

nomic Development Committee bill, noting that the bill does not set the Cap and Trade bill is essen-

today. Rates from investor-owned rates, but allows both parties to tially an energy tax that hurts all

utility companies, such as Georgia take disputes to a neutral third Americans by increasing house-

Power, are regulated by the Federal party, the PSC. Opposition was hold utility costs and will result in

Communications Commission. brought from the EMCs, the Geor- job loss. The resolution also notes

Chairman Chip Pearson (R- gia Municipal Association and the that excessively taxing energy con-

Dawsonville) authored Senate Bill Electric Cities of Georgia, who sumption will cause significant

328 and explained that the bill's stated that a model statewide harm to the state's agricultural in-

primary objective is to facilitate agreement has already been created dustries. The Georgia Chapter of

fair attachment practices through- between the EMCs and the Cable the Sierra Club opposed the resolu-

out Georgia. Implementing a dis- Television Association of Georgia, tion, noting that the money spent

pute resolution process ensures that and that this bill overturns many of overseas for oil poses a greater risk

rates, terms and conditions are fair those agreements and imposes new to national security and the econ-

and reasonable. The current pole regulations. However, because not omy.

attachment rate charged by Geor- all EMCs and cable operators use

Page 3

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