Upper chamber report 2010 March 8

TOP STORY
Legislative Day 21: Senators Return from Working Recess; Ready to Face Challenges Ahead

MARCH 8, 2010 . DAY21
Upper Chamber Report

Raegan Weber, Press Director Kallarin Richards, Editor in Chief

By Katie Wright

CHAMBER (Mar. 8, 2010) - The Senate Chamber was filled with a sense of duty and readiness to take on the hard work ahead as senators returned from a twoweek working recess. They got right to work by passing Sen. Judson Hill's (RMarietta) legislation to protect patients' medical identity. Senate Bill 334 provides strong penalties to those convicted of medical identity fraud. Hill said medical identity fraud is quickly becoming the most common type of identity theft and it costs hundreds of thousands of dollars each year. SB 334 brings the
penalties in line with those already in place for financial identity fraud.

Senators also tackled

government transpar-

ency, and with vast sup-

port passed SB 381 by

Sen. Greg Goggans (R-

Douglas). This legisla-

tion requires the Gover-

nor's Budget Report to

contain a comprehensive

account of all fees col-

lected and administered.

Sen. Judson Hill present his legislation to the Senate

Goggans mentioned that there are over 1,800 fees

written in state law and that such a large sector of the budget should be included

in the governor's report so all Georgians are afforded the ability to view these

specifics.

Sen. Lee Hawkins (R-Gainesville) took the well to talk about his common sense legislation, SB 310, which prevents unlicensed pharmacy benefit managers (PBM) from circumventing the laws and 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. SB 310 passed unanimously out of the Senate.

Legislation to include first aid training in health education courses passed with the narrowest vote of the day. SB 298 by Sen. Valencia Seay (D-Riverdale) simply adds first aid curriculum to health courses that students are required to take. Sen. John Douglas (R-Social Circle) spoke to the bill asking senators to think about the added requirements this legislation would place on teachers and schools, especially during such a tough economic time. Seay then noted that she worked with all interested parties on this legislation, including school boards and the Department of Education to reach consensus on the bill.

Other bills passed today included SB 340, authored by Sen. Seth Harp (R-
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Hearing on Child Prostitution Bill draws Crowd
By Kallarin Richards
CLOB 307 (March 8, 2010) A controversial bill to prevent children being treated as criminals who are forced into prostitution drew both passionate support and vehement opposition from a wide variety of interested parities. Nearly 20 witnesses testified in the Judiciary Committee on Senate Bill 304, authored by Sen. Renee Unterman (R-Buford), which would steer these children into rehabilitation programs rather than prosecuting them as delinquents. Many child advocacy groups and religious organizations support the bill, saying that it treats these children as victims, not criminals. Those against the measure say the bill decriminalizes prostitution, and will only serve to spread such activity across the state. The committee only heard testimony on the bill, and will take up the bill for a vote after expected further revisions and testimony. SB 304 has already undergone extensive changes, as the original language mandated that only those 16 or older could be charged with prostitution, but that language was met with opposition from juvenile court judges and others.
Members did vote to pass another bill of Sen. Unterman's which allows children who are found to be incompetent to stand trial to receive treatment at secure, residential facilities, rather than at a state psychiatric hospital. Under SB 391, which received unanimous passage from the committee, the Department of Behavioral Health and Development Disabilities will have the authority to place these children in such a facility that proponents say is more developmentally appropriate than putting them with adult patients.
Fort: State Cannot Afford to Ignore Dropout Rates
By Jennifer Kitt
ATLANTA (March 8, 2010) Sen. Vincent Fort (D-Atlanta) is urging the Senate to pass his Dropout Deterrent Act (SB132), which will increase the mandatory school attendance ages from 16 to 17. Georgia has a dropout rate of 21 percent with 38,000 students failing to graduate from high school in 2007.
"Our state has more high school dropouts than individuals with advanced degrees. We cannot afford to ignore this problem," said Sen. Fort. "One year's class of dropouts will cost Georgia $4.8 billion dollars over 50 years."
In addition to making less annual income, dropouts also receive more government assistance, are more likely to be incarcerated, and are twice as likely to rely on Medicaid.
"My bill addresses this problem by requiring teens to stay in school, and encourage them to obtain the necessary information they need to be productive adults. We can address this issue today and save our state billions of dollars in the years to come," said Sen. Fort. "If Georgia wants to be an economic powerhouse, we must improve our education system. This bill is just one step toward that economic transformation."
Sen. Fort's bill is currently in the Senate Rules committee, and if passed will go to the Senate for a vote.

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UPPER CHAMBER REPORT

Sen. Orrock Announces Annual Women Entrepreneurs Day in Georgia
By Kallarin Richards

ATLANTA (March 8, 2010) Sen. Nan Orrock (DAtlanta) today announced the first Women Entrepreneurs Day in Georgia, now an annual event at the State Capitol. Recognizing Georgia's nearly 200,000 women business owners, Women Entrepreneurs Day highlights the impact women entrepreneurs make on the state and national economy.

"Women-owned businesses are on the leading edge of

today's economy," said Orrock. "It's anticipated that

by 2018, women-owned small businesses will be re-

sponsible for creating a third of the 15.3 million new

jobs that are expected to be generated. Because these Sen. Nan Orrock joined by fellow female Senators for the first Women

entrepreneurs will play such a significant role in lead-

Entrepreneurs Day in Georgia

ing our nation to economic recovery, it's crucial that

we create a dialogue between Georgia's women entrepreneurs and their legislators. Women Entrepreneurs Day

will help create a stronger partnership between state lawmakers and women-owned businesses to position Georgia

as a leader in the new economy."

The creation of Women Entrepreneurs Day is an ideal example of that partnership. Orrock joined Atlanta small business owner Felicia Joy to make Women Entrepreneurs Day a recognized event at the State Capitol. Joy is the founder of Ms. CEO Media Inc., a fast-growing multimedia company that provides insight and inspiration for women entrepreneurs. "While women have made tremendous strides at the helm of their own businesses, there is still a lot of work to be done," said Joy. "Now more than ever, as our nation strives to regain our economic strength, it is critical that we take an all-hands-on-deck approach to business leadership. That includes making sure that everyone, particularly women who have the most room for growth and creating jobs, have access to capital, policy makers, contracting opportunities and the network of knowledge and influencers that can make a business boom." Orrock and Joy were joined by several local women business owners to kick off the annual event, who were formally recognized in the Senate Chamber. The day was supported by Justin's Restaurant located at 2200 Peachtree Road in Atlanta, which provided the luncheon, as well as the Georgia Department of Economic Development that made a special presentation to the group.

Continued From Chamber Story Page 1

Midland), which requires private and public schools to have established over 300 operating facilities, investing

adopt a reporting system for determining HOPE eligibil- over $2.5 billion and employing over 25,000 people in

ity for freshmen, sophomore and junior high students. Georgia. It was also mentioned that the United States'

These reports will be used to notify schools and parents partnership with the Netherlands is one of its oldest con-

of potentially eligible students. Sen. Ed Harbison (D- tinuous relationships and dates back to the American

Columbus) led the Senate to unanimously pass SB 313, Revolution.

which requires every testimony heard by Grand jury is

sworn in under oath. SB 322 by Sen. Chip Pearson (R- Sen. Jeff Chapman (R-Brunswick) hosted the Chaplain

Dawsonville) provides that all covenants created before of the Day, Rev. Rick Postell of Glynn County. Rick

a county or municipality adopts zoning laws will con- currently serves on staff as the Children's' Pastor and

tinue to be effective until the expiration of that covenant. director of Educational Development for Heritage Chris-

SB 322 received unanimous passage out of the Senate. tian Academy where he teaches High School Bible.

Chapman reflected on the morning devotion saying "his

Sen. Pearson, alongside Commissioner Ken Stewart, poignant words reminded me of the challenging yet re-

Director of the Georgia Department of Economic Devel- warding days we have ahead of us. I was moved by his

opment, introduced Netherlands Day at the Capitol.

message and am proud to call him my constituent."

Stewart pointed out that more than 70 Dutch companies

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UPPER CHAMBER REPORT

Lawful Carry Bill passes in Committee & Juveniles will receive credit for Time Served
By Raegan Weber

CAP 125 (Mar. 8, 2010) The Senate Special Judiciary Committee, chaired by Sen. John Wiles (RKennesaw), reconvened after the two week recess to continue deliberations on Sen. Mitch Seabaugh's (RSharpsburg) Common Sense Lawful Carry Act (SB 308). The bill was heard for the first time in committee on Feb. 15. Committee members were given time to review the bill and work out any details with Seabaugh before the next hearing.

"This legislation has two purposes to remedy confu-

sion in the current law and bring continuity to the

process of licensing and regulation," said Seabaugh in

the first hearing. "Lawfully carrying citizens want to follow the laws and law enforcement officers want to

Sen. Mitch Seabaugh Presenting Lawful Carry Bill during a February press conference

be able to enforce the law. We must eliminate the

`gotcha' situation out of any law we can."

baugh's Commonsense Lawful Carry Act was passed

out of committee with a vote of 7-1. James was the

Seabaugh did make concessions to the bill through only dissenting vote.

the legislative process. The committee substitute in-

cluded clear definitions of unauthorized locations as a Sen. John Crosby (R-Tifton) presented a bill that

place of worship and a bar, unless permitted by the would give juvenile delinquents credit for time served

owner. Clearer penalties for infractions of carry laws toward their period of confinement (SB 400). Current

were added along with the addition of criminal tres- law states that, when a juvenile is ordered to be con-

pass involving a weapon. A voluntary training com- fined in a youth development center (YDC), time

ponent for an enhanced weapons license has also spent in secure detention subsequent to the order and

been added to the legislation.

before placement in the YDC will count toward the

period of confinement set by the order. This bill re-

The Board of Regents (Regents) continued their op- moves the qualifier "subsequent to the date of the

position to allowing firearms on college campuses, order" so that any time spent by a juvenile in secure

stating their desire for no change to the current law as detention prior to being sent to the YDC will count

it pertains to colleges and universities. Seabaugh did toward his/her sentence.

concede that portion of SB 308 stating that Regents

"will still retain the right to establish regulations Current law also states that every person convicted of

about firearms on their grounds." Tom Daniel, senior a crime will receive credit for time served in confine-

vice chancellor for the University System, reiterated ment awaiting trial and/or sentencing, except in juve-

Regents' objections to changing the law and said, nile court. This bill removes that exception, so that

"We will have to agree to disagree on this issue." defendants in juvenile courts will also receive the

Chairman Wiles reminded Daniel that this adjustment benefit of this statute.

to the committee substitute was discussed with them

and this was the compromise.

Also, the maximum number of days that a court may

order a child to serve in YDC will be increased from

Sen. Donzella James (D-Atlanta) stated her concerns 30 to 60 days; however, this increase will not occur

that this legislation would allow anyone, anywhere to until July 1, 2012. SB 400 passed out of committee

carry a gun and fears crime will only increase. After with unanimous consent.

some further discussion from the committee, Sea-

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UPPER CHAMBER REPORT

Sen. Judson Hill Announces Legislation Protecting Georgia's Public Works Jobs
By Matt Colvin
MARIETTA (Mar. 8, 2010) State Sen. Judson Hill (R-Marietta) today introduced the Georgia Public Works and Contractor Protection Act (Senate Bill 460) to help safeguard taxpayer-funded jobs in Georgia. This important new legislation aims to clarify the existing legal process for obtaining public contracts and the employee eligibility verification system. SB 460 also establishes clear consequences for violation of worker protection procedures.
"This legislation sets up a fair and level playing field for everyone involved in public works contracts," said Hill. "The legislation is intended to protect our taxpayer dollars, public employers, and law abiding public contractors, but most importantly help insure that Georgians get the public works jobs. What the law is missing are clear, straightforward and enforceable penalties for violators. This legislation provides real penalties which can be enforced."
Verify when filling public works positions. Hill's legislation will streamline current Georgia laws relating to the public works system and create a sim- "Since the 2006 law went into effect, far too many ple-to-understand procedure for the contracting and public employers and contractors have had to deal hiring process. SB 460 also simplifies the practice of with confusing and misleading guidelines about their using the no-cost federal employment eligibility veri- legal responsibilities and duties. I am confident this fication database called `E-Verify'. This requirement legislation will improve employers' compliance and was established in the Georgia Security and Immigra- help insure that legal workers are employed to pertion Compliance Act of 2006 and provides that all form government contract work. " public employers and their contractors must use E-

Natural Resources Committee Sends Three Bills On To Rules
by Natalie Strong

The Natural Resources & Environment Committee jumped back into action Monday afternoon with three bills up for discussion. Committee member Sen. Steve Henson (D- Tucker) presented Senate Bill 437, which requires an additional member to be appointed to the Stone Mountain Memorial Association. The governor already has the power to appoint eight members but this addition would require a ninth member to be appointed from three candidates submitted by the city council of Stone Mountain.

Page 5

Continued on Page 6
UPPER CHAMBER REPORT

Senate Budget Office is WSB Radio's

BREAKFAST CHA PION

By Kallarin Richards

The Senate Budget

Office received a

special surprise last

week for their tire-

less work on the

state budget. Lt.

Governor Casey

Cagle nominated the

budget office for

WSB Radio's Cham-

pion Windows

Breakfast Break,

where Atlanta Morn-

ing News host Scott

Slade delivers break-

fast to offices around Senate Budget Office Staff enjoys breakfast with WSB Radio's Scott Slade, on left

Atlanta.

These

"number crunchers" crunched down on some hot and flaky McDonald's breakfast sandwiches, and en-

joyed a nice break from their hectic schedule of working to balance the state's budget. Slade also recog-

nized the office on-air during his morning show and shared a message from Lt. Governor Cagle. "The

Senate Budget Office, led by Dr. Carolyn Bourdeaux, is an extremely talented group. The legislature

has spent this week - and will spend next week - digging into the budget line by line to identify addi-

tional ways to prioritize and cut spending to live within our means. Cutting the state budget by billions is

no small feat and the Senate Budget Office is an excellent resource to my office and our 56 Senators."

Continued from natural Resources Page 5
Recently, 50 acres were added to the park, all of which are in the Stone Mountain city limits.
Sen. Mitch Seabaugh (R- Sharpsburg) presented SB 401, which would allow for the governor to delay compliance with any federal program that attempts to regulate greenhouse gas emissions or motor vehicle fuel economy until a comprehensive analysis of the fiscal and regulatory impacts can be performed. Legal counsel warned that the bill may overstep the boundaries that states have when complying with federal regulation. Chairman Ross Tolleson (R Perry) asked that Seabaugh take the necessary steps to strengthen the bill's legality should it pass the committee. This bill passed with one dissenting vote from Henson and will move to the Rules Committee. Finally, Sen. Chip Pearson (R- Dawsonville) introduced the Expansion of Existing Reservoirs Bill (SB 380) which grants the Water Supply division the power to make loans and grants to local governments to be considered in all or any part of the cost of expanding existing reservoirs. The bill also lays out specific criteria to be for all loan requests. The bill passed with one dissenting vote from Sen. Jeff Chapman (R- Brunswick) and will move on to the Rules Committee.

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UPPER CHAMBER REPORT

Public Safety Committee Urges Teens to Put Down the Phone and Congress to Pick Up Immigration Reform

By Natalie Strong

adults. The bill passed unanimously and will

move on to the Rules Committee. Committee

CLOB 307 (March 8, 2010)-After the Senate members moved their attention to Senate Resolu-

returned to Session on Monday, the Public

tion 570, the Comprehensive Immigration Re-

Safety Committee voted on two pressing issues: form Bill. SR 570, sponsored by Sen. Nan Or-

teen texting while driving and immigration re- rock (D- Atlanta), would urge Congress to reject

form. Both

issues had

been heavily

debated dur-

ing previous

meetings and

committee

members

were eager to

get down to

business after

a two week

break. Senate

Bill 360, the

teen texting

bill sponsored

by Chairman

Jack Murphy

( R- Cum-

ming), at-

tempts to pre-

vent needless

wrecks and

deaths that can occur when young, inexperienced any legislative efforts to enact unfair and ineffec-

drivers text while behind the wheel. Those 18 tive immigration policies. Orrock stressed that

years of age or younger would be prohibited

states are being forced to make tough decisions

from participating in any cellular activity, not when it comes to illegal immigrants because the

associated with spoken communication. Sen. federal government is failing to act. The bill

Emanuel Jones (D- Decatur) encouraged the

passed the committee with much debate and a 5-

committee to consider adding an educational ele- 4 vote. Those voting against the resolution in-

ment to the law which would help youth to better cluded Sens. Sims, Carter, Jackson and Douglas.

understand the risks of distracted driving, while

Sen. Bill Jackson (R- Appling) expressed his

concern that the bill would "over punish" young

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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