Legislators returned to work today and after a short break in the afternoon returned again for the State-of-the-State address by Governor Perdue.  While things were chilly outside, things were definitely warming up under the Dome.  We witnessed elevated voices in the halls, and lobbyists were already working hard on issues involving new taxes.  

          Governor Perdue’s speech held little in the way of surprises except in two areas.  He announced that he had asked Attorney General Thurbert Baker to withdraw the pending federal appeals on Georgia ’s redistricting which took place in 2002.  Also, he announced that the property tax increases proposed were not going to take place as monies had been found in the budget to leave the exemption as is.  We understand that basically the property tax rebates to counties will just be booked for next year rather than this year – thus reflecting a savings in this year’s numbers.  

Newly Introduced Legislation  

SB 23 – Sen. Don Cheeks has offered an amendment to Chapter 9 of Title 31 creating the Woman’s Right to Know Act.  This bill requires informed consent from a woman who is requesting an abortion (except in the cases of a medical emergency) when such consent is voluntary and informed only if:  

1) 24 hours prior to the abortion the doctor who is to perform the abortion or the referring the physician has informed the woman in writing the following:  

          a) name of doctor who will perform the procedure;

          b) description of the procedure to be performed;

          c) description of risks – such as to the woman’s reproductive health; and alternatives to the abortion;

          d) approximate age of the fetus at the time of the abortion;

          e) probable anatomical and physiological characteristics of fetus at the time of the abortion;

          f) medical risks associated with carrying baby to term;

          g) need for anti-Rh immune globulin therapy as well as its costs  

2) at least 24 hours prior to the abortion the doctor who is to perform the abortion, the referring physician, or a qualified person has informed the woman in writing that:  

          a) medical assistance benefits available for prenatal care, childbirth, and neonatal care;

          b) printed materials required by this Article describe the fetus and list agencies which offer alternatives to abortion;

          c) the father of the fetus is liable to assist in the support of the child (even if he has offered to pay for the abortion) (this is omitted in rape cases);

          d) woman is free to withhold or withdraw her consent to the abortion at any time prior to the invasion of the uterus without affecting her right to future care or treatment and without the loss of any state or federally funded benefits which she might otherwise be entitled.  

3) the woman must be allowed to meet with the doctor who is to perform the procedure and must be given ample time to ask questions prior to the procedure, before administration of anesthesia or other medications for the procedure;  

4) at least 24 hours prior to the abortion the woman is given a copy of the printed materials required by this law – materials must be printed in that woman’s language;  

5) woman has to certify in writing that she has received the information and that she has met with the physician, and all physicians who perform such procedures must report the total number of certifications received on a monthly basis to the Department, which the Department is to make available on an annual basis;  

6) prior to the abortion, the doctor who is to perform the abortion or the doctor’s agent is to receive a copy of the written certification which the woman has executed;  

7) the woman is not required to pay any amount for the abortion, until the 24-hour waiting period has expired.  

The Department has to publish and “distribute widely” the written reports of agencies who can assist a woman through pregnancy and childbirth.  A 24-hour toll free number must be instituted.  The materials “shall sate that it is unlawful for any individual to coerce a woman to undergo an abortion and that any physician who performs an abortion upon a woman without her informed consent may be liable to her for damages.”  Further, materials will be required to state that adoptive parents may pay medical expenses directly related to the mother’s pregnancy.  In the materials provided to pregnant women, the probable anatomical and physiological characteristics of the fetus at two-week intervals must be included along with information on survival rates of the fetus.   

There is a provision in the event of a medical emergency, when an abortion is compelled.  The doctor is required to inform the woman of medical indications supporting the doctor’s judgment that an abortion is necessary to preserve the life or health of the woman.   

If a doctor knowingly or recklessly fails to provide informed consent pursuant to this article, then he or she is guilty of unprofessional conduct.  If the doctor complies with this proposed law’s provisions, then he or she shall not be held civilly liable to the patient for failure to obtain informed consent.  The bill states that it is the intent of this “article to make lawful an abortion which would otherwise be unlawful.”  

In addition, there are changes inserting a new Code Section beginning at O.C.G.A. § 31-9-1 relating to informed consent for the mentally ill.   

The effective date of this bill is January 1, 2004 , with respect to abortions performed on or after that date.  There are some exceptions:  1) provisions of this Act relating to publication and distribution of materials by the Department of Human Resources shall become effective for administration purposes on approval of this Act by the Governor or upon this Act’s becoming law without such approval; and 2) such provisions relating to publication and distribution by the Department shall become effective on October 1, 2003.  

SB 24 – Sen. Cheeks has also introduced this amendment to O.C.G.A. § 49-5-12 relating to the licensing and inspection of child welfare agencies and child care facilities so that owners of such facilities who are not covered by liability insurance must post that information in a conspicuous place and must notify parents or guardians of each child, in writing, under the facility’s care.  Failure to do so could result in civil fines of $1,000 for each infraction.  

SB 25 – Sen. Brown and others dropped this amendment to Title 51 which inserts a new Code Section at 51-1-50 to provide immunity from liability for sexual assault nurse examiners conducting examinations in support of a law enforcement investigation and providers of facilities for such examinations.   There are some exceptions such as if injury or death was caused by gross negligence or willful or wanton conduct, which would apply to licensed hospitals and clinics of nonprofit organizations.    

HR 54 – Reps. Beasley-Teague, Brooks, Sinkfield, and Bruce offered this Resolution creating the House Study Committee on Establishing a Family Day.  This Committee would be composed of five members of the House, appointed by the Speaker.    It would review current laws relating to the operation of businesses on Sunday to determine the impact Sunday closures would have on families.  The apparent goal of this study is to determine how to allow families to “reconnect and build stronger relationships.”  

Committees  

Joint House and Senate Judiciary Committee  

          A Joint meeting was held to discuss criminal sentencing issues. These Committees were also to hold their ‘organizational’ meetings as well.

House Appropriations Committee  

          This meeting was held in an effort to get organized.  On Tuesday, Rep. Jay Shaw, the newly appointed chair of the Department of Community Health Subcommittee of House Appropriations, will conduct a hearing on the FY 2003 Budget.  

House Banks & Banking Committee  

          In an overly crowded room, Rep. Johnny Floyd, the new Chair of the Banks & Banking Committee heard from banking industry folks on the issue surrounding Georgia initiated loans and the impact on the release of the Standard & Poor mandate on Georgia initiated mortgages.  The banking industry proposes to make technical amendments to last year’s Fair Lending Act.  The media was in full force at this hearing as were a number of folks who have been victims of predatory lending practices.  A bill is to be introduced soon on behalf of the banking industry to address their issues.

Senate Insurance & Labor Committee  

Today, the Committee held an organizational meeting and adopted its Committee rules which are supposed to be the same as what it previously operated under.   This Committee is composed of Sens. Robert Lamutt, Chair; Seth Harp; Mitch Seabaugh; Dan Moody; Bill Stephens; David Schaffer; Connie Stokes; Mike Crotts; Tim Golden; Sam Zamarippa.  

 Commissioners John Oxendine and Mike Thurmond made presentations about insurance and labor issues respectively.  Commissioner Oxendine will be moving forward with a couple of pieces of legislation:  

1) Sen. Schafer will introduce a bill concerning janitor's insurance - this is similar to key man life insurance and covers employees who die.  The bill will require employers to notify the employee (and his family) and get consent to the purchase of life insurance.  

2) Rep. Rich Golick will introduce a bill on credit scoring in the House so that it can address denials of insurance because of credit.  Consumers will be notified about use of credit scoring and there will be a prohibition of use of medical bills against individuals.  Credit scoring reports will be required to be made available on an annual basis, free of charge.   

Commissioner Oxendine also noted that his office had been very successful mediating claims - they had collected $18.7 million for consumers last year.  He also cited the Department's website for information on medical supplement policies and auto insurance.  There was also some discussion of St. Paul 's exit of the market and dollars to pay malpractice premiums.  The Commissioner noted that most carriers were surplus lines and operated outside of Georgia , thus regulated outside of Georgia .  He cited that competition among carriers was the problem.

As for Commissioner Thurmond, he noted the numbers of jobs lost in Georgia : in December 2000, new jobs created peaked at 4,000,000; in December 2002, there were 131,000 jobs lost.  Losses are spread in different areas - however, healthcare, federal government, and state and local education jobs however have remained untouched.  There is concern over the more recent layoffs.  Unemployment percentages: 3.7% as of 2000; 4.6% as of December 2002.  There was a lot of discussion about the State's Unemployment Trust Fund - we are in good shape now, better than other states, with $1.2 billion, but this may change and may require some action by the General Assembly.