Upper chamber report 2010 March 9

TOP STORY

Legislative Day 22: Efficiency in State Government the Name of the Game

MARCH 9, 2010 . DAY 22
Upper Chamber Report

By Kallarin Richards

CHAMBER (Mar. 9, 2010) - The legislature is faced with an unprecedented drop in revenues and challenged with balancing the budget with very little money. This could force a major shift in state government where consolidation and increased efficiency are top priorities. The Senate is already taking steps toward this goal, passing several bills on Tuesday to eliminate government waste and utilize creative solutions to help balance our state budget.

Sen. Doug Stoner's (D-Smyrna) bill to increase efficiency in rural and human services transportation received broad support across the aisle, which he says consolidates a system that is currently broken up between six dif-
ferent agencies. Senate Bill 22 establishes the Georgia Coordinating Council for Rural and Human Services Transportation, which will be charged with finding efficiencies in providing and funding transportation services for rural citizens, the elderly and disabled. Stoner presented a chart depicting the tangled web of bureaucracy in Georgia that funding for rural transportation assistance must pass through to reach the citizens who need it most. He noted that this bill doesn't create another bureaucratic organization, but rather brings together affected agencies to find efficiencies. The council will be made up of representatives from the state school superintendent and the commissioners of the Department of Transportation, Department of Human Resources, Department of Community Health and the Department of Labor.

Natalie Strong, Deputy Press Director Kallarin Richards, Editor in Chief

Many believe that public-private partnerships are an excellent way to balance state spending. Sen. Jeff Mullis (R-Chickamauga) authored Senate Resolution 822 to allow retailers to open stores in rest stops, the revenues of which will supplement state dollars to maintain the facilities. Rest stops and welcome centers are considered to bring economic growth to local areas, and with additional funding they can stay open later and serve more

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people.
Sen. Mitch Seabaugh (R-Sharpsburg) presented SB 351 that includes another solution to save the state money, this time by reducing the number of hours of continuing education required for state-employed certified public accountants. Seabaugh noted that when state employees are furloughed in an effort to help shore up the state's budget, it's most important that they're working and not sitting in classrooms.
Switching gears to another hot topic facing the legislature this year, senators passed a floor substitute to the governor's water conservation bill to mirror changes made in the House, so that a final bill can be brought before the Senate tomorrow.
The Senate also voted to pass Sen. Buddy Carter's (R-Pooler) SB 390 that exempts conservation easements from the process cities must follow when they dispose of property, while also clarifying how cities can lease property.
Before the Senate adjourned for the day, Majority Leader Chip Rogers (R-Woodstock) presented the schedule for the next two weeks. Under this schedule, the legislature will reach Crossover Day on Thursday, March 25, the deadline for bills to cross from one chamber to another.

Senator Harbison's Grand Jury Testimony Legislation passes the Senate
By Jennifer Kitt
ATLANTA (March 9, 2010) Yesterday, Sen. Ed Harbison's (DColumbus) legislation (SB 313) requiring witnesses in criminal cases to give an oath before going in front of a grand jury passed in the Senate.
"All testimony given in Georgia courts should be truthful and accurate," said Harbison. "If a witness is not sworn in, the testimony will not be allowed as evidence in the trial."
Harbison created the legislation after the shooting death of Kenneth Walker by a police officer during a drug stop in Columbus, Ga. There were many discrepancies regarding the accuracy of the testimony given by the police officer during a grand jury hearing. This resulted in major distrust by the citizens of Columbus toward the city's judiciary system and police force. Harbison's bill gives clarity to current law, and will ensure that all witnesses will follow the same requirements.

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UPPER CHAMBER REPORT

Sen. Judson Hill's Medical ID Theft Protection Clears Senate
By Matt Colvin
MARIETTA (Mar. 9, 2010) A bill aimed to protect Georgia families from the quickly-spreading crime of medical identification theft overwhelmingly passed the Georgia State Senate Monday. Sen. Judson Hill (R-Marietta) authored Senate Bill 334 which will bring felony charges against any person who willfully and fraudulently uses another person's identity for obtaining medical care.
"Medical ID theft has quickly become the fastest form of identity theft in the nation, costing Georgia's citizens alone hundreds of thousands of dollars every year," said Hill. "It is time Georgia took a proactive step to protect our hard-working families from this illegal behavior which can devastate someone's financial life by placing strong, enforceable penalties on criminals violating and invading their privacy."
SB 334 makes obtaining medical care, prescription drugs, or financial gain with any form of stolen medical ID a felony. The protecting law will include ID of deceased persons, fictitious persons, and children under 18 over whom the accused has custodial authority. Under Hill's legislation, this offense is punishable by imprisonment for two to 10 years and/or a fine not to exceed $100,000. A second or subsequent offense is punishable by imprisonment for three to 15 years and/or a fine not to exceed $250,000. Each violation will be a separate offense. The bill also includes a subsection specifically providing for a private cause of action for damages, attorney's fees and reasonable litigation fees.
Hill noted that medical ID theft has become a very lucrative crime in Georgia and the U.S., mainly because current laws make tracking and stopping this illegal activity very difficult. He mentioned a Federal Trade Commission article which detailed the main obstacles patients are dealing with, such as changing incorrect information on their medical records due to ID theft. Victims of ID theft also face problems in challenging false medical claims stemming from illegal medical care, surgery, or prescription drug purchases obtained by stolen medical identities.
SB 334 passed the Senate 50 to 2 and will now head to the House of Representatives for consideration.
For more information on medical ID theft, please visit www.ftc.gov/idtheft.

DOT Board Reorganization Tabled in Transportation

By Raegan Weber

limits to coincide with legislative term limits. Mullis

believes that since the legislature elects the board,

CAP 450 (Mar. 9, 2010) The Senate Transportation then DOT Board members should have the same term

Committee, chaired by Sen. Jeff Mullis (R- limits to make them more responsive to the legisla-

Chickamauga) convened today and began discussion ture.

on the reorganization of the Georgia Department of

Transportation (DOT) Board of Directors. Mullis Sen. Steve Thompson (D-Marietta) strongly cau-

presented Senate Bill 448 and enabling Senate Reso- tioned Chairman Mullis and the rest of the committee

lution 1126, which would amend the State Constitu- away from this legislation. He stated that this would

tion to limit DOT Board members to two-year term put the state back 50 years and undo all the progress

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the legislature has made to fix the damage done by all Sen. Valencia Seay (D-Riverdale) applauded the good

the corruption from then. Thompson thought this was intentions of the chairman and noted the bill's worthi-

the "biggest power

ness of further discussion. She motioned to

grab in 50 years"

table the bill. Chairman Mullis commended

and would give

the committee's valuable comments and

the governor and

willingness to work together. He noted that

legislature too

this is "the committee's bill now" and

much political

agreed to table until Thursday, March 11.

power over trans-

Because the bill is a Constitutional Amend-

portation. He did

ment, it will require a 2/3 vote in the Senate

understand the

and House to pass and get on the November

position of the

2010 ballot.

chairman and

committed to

Sen. David Shafer (R-Duluth) returned to

working with him

the Transportation Committee to have SB

to improve the

354 voted out of committee. SB 354 simply

bill.

clarifies the standard by which a road can

be abandoned by local governments. It

Many committee

does not change the procedure for abandon-

members spoke in

ing a road. Once local governments aban-

favor of some sort of change to the Board's term lim- don roads, they belong to the residents or businesses

its, noting that some board members from their dis- along that road. Shafer's bill allows local govern-

tricts have little to no contact with them. Sen. John ments to go through the procedure of removing a road

Douglas (R-Social Circle) spoke in favor of change, if the road system is "not in the public interest." Cur-

especially since his Senate District crosses over five rently, local governments can only go through the

Congressional Districts. Board members are elected process of removing a road if it has "no substantial

by the State Legislature according to U.S. Congres- public purpose." Shafer cleared up any questions as

sional Districts.

to procedures with committee members prior to the

hearing and his bill passed unanimously.

Pull Tabs: Another Source of Revenue for Veterans Organizations
By Adam Sweat
CLOB 310 (Mar 9, 2010) - Today, the Senate Veterans, Military and Homeland Security Committee unanimously passed Senate Bill 454, which would allow veterans organizations to sell pull tab games with winnings that are limited to $500 per person per 24 hour time period.
A "pull tab game" is defined as a multilayered paper ticket containing symbols hidden behind perforated tabs with two sides. One side lists the winning combination of the symbols, the cash payout for each combination, the total number of tickets that contain each winning combination and the total number of tickets in the game. The other side contains the perforated tabs which, upon purchase, the player pulls to reveal his or her winnings, if any.
Bobby Boss, Commandant of American Legion Post 233 in Loganville, testified to the committee about the importance of this bill. He stated that the Georgia Lottery has severely inhibited his organization from making money that goes directly to the local community. Although his post uses Bingo as a way of raising funds, the American Legion has seen declining numbers and needs other outlets to raise money to continue assisting veterans and other citizens in need. The bill, which passed out of the Senate in 2008 but failed to receive passage in the House, will now move on to the Senate Rules Committee.

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UPPER CHAMBER REPORT

Consumer-Focused Reform passes Insurance Committee

By Kallarin Richards

original application contained an error or omission.

SB 330 also extends health insurance coverage bene-

CAP MEZZ (March 9, 2010) The Senate Insurance fits to dependents up to age 25, regardless of whether

and Labor Committee passed three consumer- they are full-time students, and eliminates annual and

centered bills that aim to improve health care services lifetime caps on insurance policies. Despite a repre-

for Georgians. The first, Senate Bill 411, allows indi- sentative from the Georgia Association of Heath

vidual and group health plans to

Plans claiming that the bill

include and operate wellness

will limit flexibility and the

programs. A representative from

number of products offered,

Humana noted that wellness and

the committee passed the

lifestyle programs play a signifi-

bill out unanimously.

cant role in bringing down health

care costs. These programs en-

To ignite competition and

courage people to exercise, quit

uniformity between states,

smoking, and adopt other healthy

Sen. Judson Hill (R-

lifestyle habits so that they'll

Marietta) presented SB 407,

have less medical problems in

which directs the insurance

the future. Research shows that

commissioner to identify at

90 percent of health care costs

least five neighboring states

are lifestyle related. He also mentioned that 72 per- with insurance laws and regulations that closely mir-

cent of diseases are preventable and 50 percent of ror Georgia's, and allow these out-of-state health

cancers are preventable. The bill, authored by Chair- plans to be offered here. This bill drew the most de-

man Ralph Hudgens (R-Hull), passed unanimously bate from insurance companies and health associa-

without opposition.

tions, who all shared concerns that health insurance

companies and their products would not be subject to

Sen. Preston Smith (R-Rome) followed with a bill the same regulations and would make it difficult to

highly favored by patient and health care advocacy enforce consumer protections. Some also argued that

groups but has drawn opposition from insurance com- it could lead to higher costs for patients. Hill noted

panies. The bill makes three changes to common that this legislation aims to give customers more op-

health insurance practices, first by prohibiting insur- tions for health care coverage in a consumer-friendly

ance companies from canceling health insurance way. Hudgens represented the tie-breaking vote in

"rescissions" based upon their allegation that the favor of passing the bill.

Health and Human Services pass Medicaid and CMO Oversight
By Jennifer Kitt
CAP 450 (March 9, 2010) - On Tuesday, the Health and Human Services Committee returned from recess ready to work. Sen. Preston Smith's (R-Rome) legislation that establishes legislative oversight of Medicaid and Care Management Organizations (CMO), which manage the delivery of Medicaid and PeachCare for Kids services, passed unanimously out of the committee. Both the House and Senate will select members for the committee, which will oversee consumer complaints dealing with eligibility and payment issues.
Sen Gloria Butler (D-Stone Mountain) presented her resolution (Senate Resolution 986) urging the Department of Community Health (DCH) to pass regulations requiring the collection of data about Chronic Obstructive Pulmonary Disease (COPD). COPD is a progressive disease that hinders lung function and makes it harder for individuals to breath. The disease is currently the fourth leading cause of death in the United States. The data collected by DCH would be used to assist in research and in creating disease management practices. The resolution passed without opposition.

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Sen. Buddy Carter (R-Pooler) created legislation to address the growing problem of prescription drug abuse. SB 418 will create an electronic database of controlled substance prescriptions dispensed in this state, and a method to electronically review prescriptions. Rick Allen, assistant director of the Georgia Drugs and Narcotics Agency, testified in favor of the bill stating that drug abusers are taking advantage of physicians to get prescriptions. Sen. John Wiles (R-Marietta) questioned if the bill would violate patients' privacy, and if their information would be distributed for research or marketing purposes. Carter thanked the committee for their suggestions and noted that he would take those questions into consideration as he works on revising the bill before it is taken up for a vote.
Education Committee Learns about Granting Schools Flexibility
By Katie Wright
CLOB 307 (Mar. 9, 2010) On Tuesday, a bill that gives schools greater flexibility to use their appropriated funds and allows class size adjustment was discussed by the Senate Education Committee. Reps. Brooks Coleman (R-Duluth), chairman of the House Education Committee, and Tom Dickson (R-Cohutta) presented House Bill 908 with a firm belief that this legislation would aid schools in handling the current budget gaps.
Coleman explained this bill is the result of several months of preparation. A small task force of House and Senate Appropriations members gathered last fall to tackle the budget crisis by meeting with superintendants from all over Georgia. HB 908 was created as a result of these meetings.
The ultimate goal of the bill is to give schools greater flexibility with their money and with class size. HB 908 will allow schools to circumvent several expenditure controls without penalty so they can redirect money to where it is most needed. These funds will not be funneled to salaries; it will be strictly used for instructional purposes and staff development. Schools are mandated to have 180 instructional days and ten planning days. This bill allows schools to waive up to ten days, with no more than five instructional days, if it appears revenues will not meet expenditure requirements.
The second part of HB 908 relates to class size. Scott Austensen with the Department of Education testified that if one or two more students are added to every classroom, the state could save $500 million. With HB 908, elementary schools will be able to work under a system-averaging approach. Classes can have more than the required amount of students as long as the class sizes average out to the maximum number they are required by law to have in each classroom. This bill also allows the State Board of Education to provide a blank waiver to all local school boards to adjust the class size. This ability will only take effect if expected expenditures are greater than the expected income for that school year. This legislation will be in affect upon the governor's signature and expire after the 2012-2013 school year.
The long line of witnesses included several teachers that testified against the bill. They explained that they felt that additional students in the classroom would be detrimental to test scores and the safety of the children. Transparency in the process was also a major concern. It was felt that notices should be sent out if local school boards are going to consider adding children to the classroom so that a fair hearing could be held. They also suggested HB 908 expire after the 2011-2012 school year, instead of the following school year.
The committee passed HB 908 out of committee by a 6-5 vote.

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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