The 2011 regular session of the Georgia General Assembly reached final adjournment shortly before midnight April 14, with lawmakers having agreed on a number of major legislative actions while leaving other issues unresolved at this time. This week’s report covers the final three legislative days, and next week I will present a comprehensive wrap-up of the session.

Lawmakers gave final approval April 14 to legislation intended to crack down on illegal immigration in Georgia. If signed into law by Gov. Nathan Deal, HB 87 would require all businesses with at least 10 employees to use the federal government’s E-Verify system to determine the work eligibility of all new hires. Similar to an Arizona law enacted last year, local and state police would be empowered to detain people while their immigration status is checked. The bill would also increase the penalty for using fake identification to get a job to 15 years in prison and up to $250,000 in fines. People who, while committing another offense, knowingly transport, harbor or encourage illegal immigrants to come to Georgia could face 12 months in prison and a $1,000 fine.

I voted in favor of the measure as a necessary step for the state to deal with a growing population of illegal immigrants that is overburdening schools, hospitals and other public services. The Governor has 40 days to sign or veto legislation passed during this year’s session.

Legislation that would have implemented only a few of the recommendations submitted by a special tax reform council appointed last year failed to reach either the House of Representatives or Senate floor for a vote before the end of the session. House Speaker David Ralston said the proposal, HB 388, had been based on flawed economic data and would be held over for further analysis before the 2012 session to determine whether the bill would actually be a tax increase or a tax decrease for most Georgians, as well as its impact on overall revenues. In the version of the measure that came out of the Special Joint Committee on Georgia Revenue Structure, the state income tax rate would have been reduced from 6 percent to 4.6 percent in fiscal year 2012 and to 4.55 percent in fiscal year 2013. Sales tax would have been exempted on the energy costs of manufacturing firms, but new taxes would have been imposed on auto repair service, person-to-person automobile sales and telecommunications services, including satellite TV subscriptions.

The proposal’s demise was ensured when House Democrats pointed out that 82 percent of Georgia families would have suffered a net tax increase when balancing the income tax cut that would have been minimal for the vast majority of citizens against the new sales taxes that were to be imposed. Also, HB 388 would have increased the state’s budget deficit by at least another $130 million, with no discernable positive effect on the proposal’s major goal, which was job creation. Moreover, the legislation was developed by a one-sided, partisan approach and violated generally accepted practices of transparency and due consideration. Its failure to pass this session allows time for the committee to further study tax reforms that will benefit all Georgians.

Both the House and Senate gave final approval April 12 to an $18.3 billion state budget plan for fiscal year 2012, which begins July 1. HB 78 was finalized by a conference committee that worked out differences between the House and Senate versions of the legislation. The budget includes $47 million in spending added last week when Gov. Nathan Deal raised the revenue estimate for next year, following a strong month of tax collections reported for March. The proposal reduces Medicaid reimbursement rates for physicians by 0.5 percent and incorporates a 20 percent increase in health insurance premiums for educators and other state employees in response to a $273 million deficit in the State Health Benefits Plan. HB 78 now goes to the Governor, who can sign or veto the entire budget or individual line-item appropriations.

A majority of House members voted April 12 to approve legislation that would authorize the Sunday package sale of alcoholic beverages in communities where voters approve such sales in a referendum. Under SB 10, referendums on Sunday package sales of beer, wine or liquor could be held in cities and counties where those products are legally sold the rest of the week. Under the bill, Sunday sales would be limited to the hours of 12:30 to 11:30 p.m. County commissioners or city council members in each community would have to take action to call for the referendum, the date for which would be set by the Election Superintendent in accordance with current law. I voted against SB 10, which now goes to the Governor for his signature.

The House voted April 12 to approve amended legislation that would close a loophole in the state’s ethics laws to require lobbyists to report spending on entertaining legislative staff members. The measure was an amendment to SB 160, a bill that would allow utilities to contribute directly to the campaigns of political candidates. The House also passed SB 163, which would require persons making third-party expenditures for or against political candidates to identify themselves on any campaign materials they finance. Both SB 160 and SB 163 won final approval in the Senate on April 14 and are now on the Governor’s desk.

The House voted April 12 in favor of legislation that would provide a health care living option between personal care and nursing homes. An "assisted living community," defined as a minimum 25-bed facility to care for ambulatory patients by providing some assistance with personal services, including administering medication, would be a new category of long-term health care provider under SB 178. The communities would not be eligible to receive Medicaid funds, nor enroll as providers of medical assistance, but are under the rulemaking authority of the Department of Community Health. The Senate gave final approval to the measure, with House changes, sending it to the Governor.

In other action, the House gave final approval to SB 81, which would provide for mental and physical examinations of licensees or applicants for the practice of pharmacy and pharmacy technicians; SB 115, which would exclude foster care payments from the calculations of gross income for determination of child support obligations; SB 140, which would increase the bonding power of the Georgia Higher Education Facilities Authority from $300 million to $400 million; SB 141, which would create the Martin Luther King Jr. Advisory Council to help coordinate annual activities related to the holiday observing Dr. King’s birthday; SB 156, which would remove the requirements for certain audits relating to the emergency telephone number 911 system; SB 166, which would extensively revise the requirements for continuing care providers and facilities.

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In January, the Department of Behavioral Health and Developmental Disabilities announced the closing of NWGRH on June 30.? This was partly due to a federal agreement to place DD patients into community services and begins the department plan to also place mental health patients in communities near their homes.

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During session, the Floyd County delegation worked with community leaders, DBHDD, and the Governor’s staff to continue operations of the hospital or delay the closing until needed community services were assured.? It now appears that the department and state leaders will follow the plan to close most mental health hospitals statewide in the next few years.

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On Friday, Governor Deal announced that he was extending the final closing date for NWGRH until September 30.? This is an effort to make sure the transition of patients into community homes and services is done in a safe orderly manner.

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Local members of the House and Senate will continue to monitor the department’s plans?and the implementation of moving patients to community services.? We will also work with state departments to assist employees with job placement and training.