FEBRARY 9, 2010 . DAY15 Upper Chamber Report Raegan Weber, Press Director Kallarin Richards, Editor in Chief TOP STORY Legislative Day 15: Shafer, Senate Dial in State Telecomm Reform By Matt Colvin ers, create new jobs in the industry, and encourage investment into exist- CHAMBER (Feb. 9, 2010) It was not ing and new telecommunications ven- too long ago when consumers in tures. He said the bill takes away a Georgia simply got their phone ser- lot of the restrictions that telephone vice from the phone company and companies currently deal with, which their television from a cable opera- Shafer believes is unfair as most tele- tor. Nowadays, most telecommunica- com companies offer multiple ser- tion companies offer a range of ser- vices including television, phone, and vices from TV to phone to Internet to Internet service and should all be mobile phone and data services, all placed on an even field. bundled into one bill. Working to acknowledge the sweeping advances Shafer noted the bill won commenda- in technology and distribution of tions from many major telecom carri- these services over the last 20 years, ers, organizations, and taxpayer rights the Georgia Senate passed a telecom- groups in Georgia. He said that in munications reform package aimed at two extensive hearings in the Senate modernizing regulations during Leg- Regulated Industries and Utilities islative Day 15 of the 2010 General Committee over the last month, these Assembly. groups testified that by updating cur- rent regulations, Georgia was creating Senators approved The Telecom Jobs a level playing field and bringing the and Investment Act (HB 168), de- industry up to speed with current signed to in- technolo- crease telecom- gies. munications competition by The Senate eliminating sub- overwhelm- sidy mechanisms ingly passed and giving busi- Shafer's nesses incentives committee for telecommuni- substitute cation job crea- version of tion. The bill HB 168, 46 also creates a to 4, with c o m p e n s a t i o n Sen. Shafer explains benefits of telecom bill three addi- fund for those tional companies that need to adjust for the "housekeeping" amendments. The balancing of rates to keep in parity bill now goes back to the House with other carriers. where they must approve the Senate changes. Sen. David Shafer (R-Duluth), spon- sor of HB 168 in the Senate, ex- Senators voted on safety-net clinics plained that the bill's main focus is to and state retirement in two other update Georgia law to allow for in- pieces of legislation. First, Sen. Lee creased competition among provid- Hawkins (R-Gainesville) introduced Continued on Page 3 * Follow the State Senate on Twitter at GASenatePress The State Institutions and Property Committee Votes to Save Georgia Money By Raegan Weber CLOB 310 In its first committee meeting of the 2010 Legislative Session, the State Institutions and Property Committee unanimously voted to save Georgia money and allow Georgians a voice in how their money is used. Senate Majority Leader Chip Rogers (R-Woodstock) brought Senate Resolution 510 (SR 520) before the committee. SR 510 proposes an amendment to the State Constitution allowing the General Assembly in general law to authorize the State Properties Commission, the Board of Regents of the University System of Georgia, or both to enter into multi-year rental agreements. Allowing multi-year contracts will improve the management and increase the value of the State's leasing practices and administrations. The multi-year lease format is standard and considered a leading commercial business practice. In addition, a number of other states including California, Wisconsin, North Carolina, Florida, New York and Texas have followed this leading practice. The State Properties Commission handles all leasing agreements for state agencies with the exception of the Board of Regents and the Georgia Department of Transportation (GDOT). The nature of GDOT leasing agreements is much different and there is specific legislation that already addresses GDOT agreements. The State Properties Commission suggests that the state could save up to $10 million. The resolution must achieve a two-thirds majority in the Senate and House, then be signed by the governor before going on the November ballot for a vote. By putting this to a vote by Georgia citizens, they will have the opportunity to say how their tax dollars are utilized. The ballot question will read, "Shall the Constitution of Georgia be amended so as to allow the State Properties Commission and the Board of Regents of the University System of Georgia to enter into multi-year rental agreements without requiring appropriations in the current fiscal year for the total amount of rents that would be due under the entire agreement so as to achieve a reduction in rental rates to be paid by the state?" Banking Committee Votes Unanimously to Grant Banks and the People Greater Flexibility By Katie Wright CAP 450 The Senate Banking Committee met Tuesday to discuss giving banks greater flexibility in renewing loans. HB 926, authored by Rep. James Mills (R-Gainesville), is an effort to put state banks on par with federal bank guidelines and help consumers receive fair treatment when attempting to renew loans. It passed with overwhelming support in the House earlier this session. Rep. Mills explained that this legislation allows greater flexibility in terms of renewing or restructuring certain loans that, under current law, would exceed lending limits. Previously, banks were not able to renew a loan because their customer's asset ratios were affected by the downturn in the economy; however, the law has not changed. Continued on Page 4 Page 2 UPPER CHAMBER REPORT From Page 1 Senate Bill 344, which would provide sovereign immunity protection to physician assistants working in Georgia's safety-net clinics. Safety-net clinics provide medical care at reduced cost or no charge to uninsured or underinsured patients. Legislation sponsored by Hawkins in 2009 allowed nurses to be covered by the state's immunity. Hawkins noted that Georgia has 55 safety-net clinics that treated over 175,000 patients last year. His bill was passed unanimously 49 to 0 and now moves over to the House for consideration. House Bill 172, sponsored by Sen. Bill Heath (R-Bremen) in the Senate, updates Georgia law for retirement disability bene- Sen. Hardy Davis' first day as Senator for the 22nd District fits. HB 172 would allow examinations of disability beneficiaries to take place outside of the home, providing for a more thorough and accurate diagnosis using a medical facility's resources. The bill was passed by committee substitute 51 to 1 and will head back to the House for consideration of the Senate updates. Along with the general calendar items, Lt. Governor Casey Cagle formally introduced new state Sen. Hardie Davis (D-Augusta) to the Georgia Senate as he officially begins his term serving the 22nd Senate District. Davis won a special run-off election February 2 to fill the Senate seat left open after former Sen. Ed Tarver was ap- pointed a U.S. District Attorney. Davis will immediately get to work on several important Senate Committees this week. Cagle has appointed Davis to serve on the Economic Development, Insurance and Labor, State and Local Governmental Operations, Transportation, Ethics, and Government Oversight committees. During Day 15, several senators took time to honor individuals on the Senate floor. Sen. Ed Harbison (DColumbus) spoke in memory of longtime U.S. Congressman John Murtha (D-Penn.). Sens. Gloria Butler (DStone Mountain) and Steve Henson (D-Tucker) applauded several members of the South DeKalb Business Association in attendance who have made significant commitments to their districts. Transportation Committee supports Private Sector Partnerships for Economic Growth By Raegan Weber mies. CAP 450 Georgia's rest areas and Sen. Jack Murphy (R- service to travelers along interstate Cumming) supported highways will greatly improve if the Resolution, men- Georgia is allowed to establish tioning two specific partnerships with private sector examples of the posi- companies and franchises. The Sen- tive effects the partner- ate Transportation Committee, ships could have lo- chaired by Sen. Jeff Mullis (R- cally. A constituent Chickamauga), today passed a reso- contacted Murphy and lution that urges the Georgia De- said he attempted to partment of Transportation to ob- stop by a rest area just tain a waiver from the Federal after 5:00 PM only to Highway Administration that would allow commer- find the rest area had already closed. With this reso- cial operations in rest areas along the interstates in lution, rest areas will be able to stay open later. Mur- Georgia (SR 822). The goal is to partner with a pri- phy also mentioned the economic growth that wel- vate sector to help maintain of rest areas, keep them come centers have brought local economies. The open later, serve more people, and help local econo- resolution passed unanimously out of committee. Page 3 UPPER CHAMBER REPORT Georgia's Medicare Eligibility Expanded By Kallarin Richards reform efforts, and would prohibit any law from com- pelling anyone to purchase health insurance or to fine CAP Mezzanine Georgi- them for not purchasing insurance. He is presenting the ans under 65 who have legislation in two forms; first, as a Constitutional kidney disease or are dis- Amendment that must be passed by a two-thirds major- abled will have the option ity in the Senate and House and then would be put be- to buy secondary health fore voters on the November 2010 ballot. If approved, insurance through Medi- Senate Resolution 794 would change the Georgia Con- care that could help them stitution to include the prohibition. The second measure better manage their health care costs under Senate Bill is in the form of a bill (SB 317), which would only have 316, authored by Sen. Don Thomas (R-Dalton). The bill to be passed by a simple majority in both chambers, and was passed unanimously by the Insurance and Labor would be added to Georgia Code. A Constitutional Committee and will expand eligibility to about 2,000 Amendment is a stronger change, but a bill could have a Georgians, according to Sen. Thomas. He testified better chance of receiving final passage. The committee alongside a dialysis patient who stressed the importance voted in favor of both measures, which will go to the of giving these patients the ability to supplement their Rules Committee to decide which measure makes it to high medical costs. the Senate Floor for a vote. Sen. Judson Hill (R-Marietta) then presented two pieces Finally, the committee passed a House bill (HB 417) of legislation that he says aim to protect Georgia pa- that clarifies if an insurer provides any material in a lantients from being forced to participate in any health care guage other than English, the English-language version system. This comes in response to federal health care will rule supreme in any dispute or complaint resolution. Lawmakers to Evaluate Georgia's Economic Development Strategy By Kallarin Richards CLOB 307 Economic Development Chairman Chip Pearson (R-Dawsonville) is carrying a bill on behalf of the Lieutenant Governor that creates a council of state lawmakers to evaluate Georgia's overall economic development strategy. The council is also charged with reviewing all state funded activities and expenditures used for economic development. The committee voted unanimously to pass Senate Bill 374, which mandates that the council must provide an annual report to the Governor each year detailing the state's programs and activities related to job creation and economic development in Georgia. Sen. Pearson also presented SB 339 on behalf of its author, Sen. Mitch Seabaugh (R-Sharpsburg). Members gave this bill a unanimous vote as well, which clarifies that licensed utility contractors are eligible to bid on jobs for utility systems. Vicki Reynolds with the Georgia Utility Contractors Association said that municipalities often confuse the law to mean that only those with a general contractors' license can bid for utility jobs, excluding utility contactors from getting their own work. Page 4 From Page 2 This bill is geared toward customers that are reliable and pay on time. When the loan was first issued, the economy was thriving and tighter lending limits were not a problem. Now that renewal periods are coming up and the economy is down, consumers can not meet the bank's requirements for renewal. With this new flexibility, banks will have the legal right to make smarter decisions for the bank and their customers, whether it is restructuring, renewing or terminating loans. Rob Braswell, Commissioner of the Georgia Department of Banking and Finance, was the only witness to come before the committee. He spoke in favor of the bill, commenting that his department hears almost daily from banks that are getting frustrated with the tight lending limits that are unrealistic in this economy. The bill received unanimous passage and now awaits action in the Senate Rules Committee. Sen. Jim Butterworth (R-Clarkesville) will sponsor the bill in the Senate. 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)] Page 5 UPPER CHAMBER REPORT To view this report online, please visit http://www.legis.ga.gov/legis/2009_10/senate/ucreport.htm