Today, the Gold Dome was abuzz with activity.  The House kept its day short and finished its business mid-morning; the Senate followed soon thereafter.  Committees were meeting around the Capitol and in the Legislative Office Building this afternoon. 

          One interesting event held this morning was the Georgia Breast Cancer Coalition’s Annual Breast Cancer Awareness Breakfast.  This was held in the Sloppy Floyd Building early this morning.  The honoree this year was Rep. Kathy Ashe for her work on the passage of the specialty license plate so that proceeds from the sales of the breast cancer plates could go towards funding indigent women’s care and treatment through the Indigent Care Trust Fund.  These new breast cancer plates are now available at your local tag office for an extra $25.00. 

Newly Introduced Legislation 

HB 23 – Reps. Walker's and Mills' bill concerning the Woman’s Right to Know Act has actually been introduced. This proposes to include such act in Chapter 12 of Title 16.  This bill requires that a female be provided information prior to an abortion and that she give her informed consent prior to treatment.  It has now been referred to the House Judiciary Committee. 

HB 116 – This tax amendment is proposed to amend O.C.G.A. § 48-7-27 (a)(5)(A) so as to increase the amount of the retirement exclusion to $15,000 for the tax year beginning January 1, 2003 with additional increases for 2004 and 2005 for $17,000 and $19,000, respectively.  Rep. Ken Birdsong and others have proposed this bill.  This bill was engrossed on January 27, 2003. 

HB 118 – This bill was also ordered engrossed on January 27, 2003.  Rep. Birdsong also proposed this Tax Code change so as to not require military income, received by a taxpayer, when that person is a member of the national guard or any reserve component of the armed forces of the United States, who is called to active duty, to be subject to state income tax.  This bill has been assigned to the House Ways and Means Committee. 

HB 123 – Reps. Day, Stephens, Keen, and DeLoach have introduced a measure in which to exempt from taxation up to $75,000 of the assessed value of recreational boats.  This property exemption from ad valorem taxation would be an amendment to O.C.G.A. § 48-5-41.  The bill was forwarded to the House Ways and Means Committee. 

HB 125 – Rep. Mobley and others have introduced this bill in Title 40 to prohibit certain use of mobile telephones while driving.  It also changes current law on suspension or revocation of licenses of habitually negligent or dangerous drivers.   The bill was forwarded to the House Motor Vehicles Committee. 

HB 130 – Rep. Holmes has offered this bill amending Title 31 to create the Georgia Health Care Corporation, his version of nationalized healthcare.  The bill was sent to the House Appropriations Committee. 

HB 137 – Reps. Day and Stephens have proposed this Tax Code revision so that taxpayers who receive refunds will be paid an interest rate of 5% per month from the date of payment of the tax or fee rather than 1%.  This applies to those taxes or fees which are determined to have been erroneously or illegally assessed and collected from the taxpayer. This has now been forwarded to the House Ways and Means Committee. 

HB 138 – Reps. Day and Stephens have dropped this Tax Code revision in O.C.G.A. § 48-5-72(a) so as to increase the homestead amount for which a deferral is requested and has an assessed value for purposes of ad valorem in the amount of $65,000 or more so that the deferral would apply to the assessed value which is less than $65,000.  The current amount is $50,000 for persons who are ages 62 and older and are eligible to claim a homestead exemption.  This has been sent to the House Ways and Means Committee. 

HB 141 – Rep. Stephens authored this Tax Code revision in O.C.G.A. § 48-8-3 to exempt from state sales and use taxes the sales of chemicals, chemical compounds, or chemical substances certified by the Environmental Protection Division of the Department of Natural Resources and used in pollution treatment or control.  This was forwarded to the House Ways and Means Committee. 

HB 142 – Reps. Floyd and others have dropped this bill, mostly in response to their earlier hearing on the predatory lending issue and its effects on the rating of certain real estate loans.  This amends Title 7 of the Code, amending the Georgia Fair Lending Act.  The bill has now been forwarded to the House Banks and Banking Committee. 

HB 145 – Reps. Gardner and others have proposed this Chapter 21 of Title 33 amendment in an effort to change the point-of-service definition to also include services for mental disorders as defined in O.C.G.A. § 33-24-28.1 (“Mental disorder shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation.”).  Additionally, if the only insurance an employer offers is through an HMO then that HMO with the employer must make arrangements for a point-of-service option which will then have to include services for mental disorders. There is no clarification in the bill as to when this would be effective (such as policies written on or after July 1, 2003).  This was referred to the House Insurance Committee. 

HB 146 – Rep. Birdsong has his version of amendments to the Georgia Fair Lending Act, amending Chapter 6A of Title 7.  This relates to home loan programs provided by the United States Department of Veterans Affairs.  It broadens exclusions so that "fees paid as funding fees for loans made under any of the home loan programs of the United States Department of Veterans Affairs" or "other bona fide and reasonable fees paid to a person other than the creditor or an affiliate of the creditor for the following fees: fees for payment services; fees for flood certification…" are not included in points and fees.  This bill was sent to the House Banks and Banking Committee. 

HB 147 – Rep. Ray has proposed this amendment to the State’s health insurance plan as found in Title 45. This amendment would add a new Code Section at 45-18-7 and would require that the Board contract with any agricultural commodity commission created in Chapter 8 of Title 2 to be included in the State’s health insurance plan or plans.  Additionally, it would require the State’s plan to cover those person's spouses and dependent children.  This will now be heard in the House State Planning and Community Affairs Committee. 

HB 148 – Reps. Ray, Royal, Black, and James have proposed this change to O.C.G.A. § 48-8-3 by adding a new paragraph (74) to exempt from sales and use taxes the sale or use of liquefied petroleum gas or other fuel used for horticultural purposes.  The House Ways and Means Committee will now hear this bill. 

HB 154 – Rep. Noel has offered this amendment to O.C.G.A. § 3-6-32 so as to allow consumers to purchase wine from a winery by electronic means or computer internet communications.   Currently, a consumer must purchase the wine while physically present on the premises of a winery for shipment to his  or her address in Georgia.  This legislation has now been forwarded to the House Regulated Beverages Committee. 

HB 156 – Reps. Day and Stephens also authored this Tax Code proposal to exempt all tangible personal property consisting of inventory of a business taxpayer.  This exemption would be placed at O.C.G.A. § 48-5-41.2.  This too would have to be voted upon by Georgia’s citizens; the bill submits that it should be included on the ballot for the November 2004 state-wide election.  This measure has now been directed to the House Ways and Means Committee. 

HB 159 – Reps. Day and Stephens are proposing to create O.C.G.A. § 50-6-3.1 to provide performance audits and reports of State budget units.  The State auditor would contract with one or more CPAs to conduct such for each budget unit in State government, which would be required at least once every four years.  The House Appropriations Committee will now hear more on this issue. 

HB 161 – Reps. Day, Stephens, and Roberts have proposed this insertion in the Tax Code to create a new Code Section at 48-5-48.3 which would allow a homestead exemption to residents of Georgia which own and personally occupy as a residence and homestead in an amount equal to the actual levy for state ad valorem taxation made – the exemption would be from all ad valorem for state purposes.  A separate section of the bill would allow voters to have a referendum on this issue.  The bill would become effective on date of approval by the Governor (it would apply to all tax years on or after January 1, 2005).  The bill was sent to the House Ways and Means Committee. 

HB 162 – Reps. Day and Stephens have authored an amendment to Part 1 of Article 2 of Chapter 5 of Title 48 of the Code so as to exempt all tangible property consisting of inventory of a small business taxpayer from ad valorem taxation.  A proposal to place this on the ballot for voters to decide is also included.  This would be effective on the Governor’s signature, except as to the approval of the voters.  This too was forwarded to the House Ways and Means Committee. 

HB 164 – Rep. Cambell has proposed an amendment to O.C.G.A. § 15-2-9 to expand the ability of who can answer questions certified by federal appellate courts so that the Georgia Supreme Court can answer any such question of law certified to it from District Courts.  The bill also inserts that the public must vote on such in the 2004 general election as an amendment to Georgia’s Constitution, Article VI, Section VI, Paragraph IV.  This bill has now been sent to the House Judiciary Committee. 

HB 165 – Rep. Willard has authored this Title 45 amendment repealing provisions relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations.  It also sets up a prohibition from taking retaliatory action by an employer against an employee for disclosing certain information and other protected activities.  This would include when the employee would do things such as disclose, threaten to disclose or is about to disclose to a supervisor or to a public body (such as the General Assembly) an activity, policy or practice of the employer, a co-employee, or another employer that the employee reasonably believes is in violation of a law or a rule or regulation promulgated pursuant to law or in the case of an employee who is a licensed or certified healthcare professional, reasonably believes constitutes improper quality of patient care.  It would enact the “Whistleblower Protection Act” in O.C.G.A. § 45-25-1.  The Special Judiciary Committee will now be the Committee to hear more on this proposal. 

HR 48 – Rep. Buckner and others have offered this Resolution creating the House Special Grants Study Committee.  This has been referred to the House Rules Committee. 

HR 52 – Rep. Holmes and others have proposed this Resolution creating a Joint Mold Standards Study Committee.  This too has been forwarded to the House Rules Committee. 

HR 54 – Rep. Beasley-Teague’s Resolution, proposing the creation of the House Study Committee on Establishing a Family Day, has been forwarded to the House Rules Committee. 

HR 60 – Reps. Health, Westmoreland, Keen, Cooper, and Massey authored this Resolution recognizing former Speaker of the House Thomas B. Murphy.  This is to recognize Speaker Murphy’s long and outstanding record of public service to Georgia. 

HR 67 – Reps. Day and Stephens have proposed a Constitutional amendment in order that legislative and congressional reapportionment would be done by an independent, non-partisan commission rather than the General Assembly.   This Commission would be composed of nine persons with two appointed each by the Speaker, House minority leader, Senate majority leader, and Senate minority leader. One member would be appointed by the Justices of the Supreme Court of Georgia, who would serve as the Chair.  These persons would be required to be United States citizens as well as residents of the State of Georgia for at least five years immediately preceding their date of appointment.  Each would also be required to be registered voters and could not have held public office in the two years immediately preceding the date of their appointment.  These appointments would be made no later than April 1 in each year following a year in which the United States decennial census is conducted and no later than 30 days after any court order becomes final that finds any legislative or congressional reapportionment plan to be invalid.  The State’s Attorney General would serve as legal counsel to this Commission.  This was sent to the House Rules Committee. 

HR 68 – Rep. Campbell has proposed this Constitutional amendment to allow the Supreme Court to have jurisdiction over questions of law from any state appellate or federal district or appellate court.  This would be proposed as Article VI, Section VI, Paragraph IV. This was referred to the House Judiciary Committee. 

SB 20 – Sen. Jackson and others have offered this bill to prohibit assault with body fluids, saliva, or feces by a person who is infected with HIV or hepatitis against a peace officer or correctional officer.  This bill has now been forwarded to the Senate’s State Institutions and Property Committee. 

SB 22 – In an effort to help protect the children and the elderly, Sens. Butler and others have dropped this bill amending Chapter 3 of Title 35 and Chapter 8 of Title 42 in order to authorize the Georgia Crime Information Center to provide records related to prosecution of first offenders if the person, who is the subject of the inquiry has applied for employment caring for minor children or elderly persons and was prosecuted for one of a list of specified offenses.  This bill has been sent to the Senate’s Public Safety and Homeland Security Committee. 

SB 23 – Sen. Cheeks' bill concerning abortion and specifically proposing the enactment of the “Woman’s Right to Know Act,” has now been forwarded to the Senate Health and Human Services Committee. 

SB 24 – Sen. Cheeks' bill proposing to require child care facilities to post information when they are not covered by liability insurance, has now been sent to the Senate’s Children and Youth Committee for review.  This proposal amends O.C.G.A. § 49-5-12. 

SB 25 – This bill proposed by Sen. Brown and others seeks to amend Chapter 1 of Title 51 in order to provide immunity from liability for sexual assault nurse examiners conducting examinations in support of law enforcement investigation and providers of facilities for such examinations, has now been forwarded to the Senate insurance and Labor Committee. 

SB 28 – Sens. Cagle and others have offered their version of the Georgia Fair Lending Act proposals to amend Title 7 of the Code.  This is another attempt to address issues surrounding predatory lending.  This bill has been touted as the ‘technical changes’ to last year’s bill.  This has been forwarded to the Senate Banking and Financial Institutions Committee. 

Committee News 

          A number of Committees met this afternoon.  Here are a few highlights: 

House Insurance Committee 

          The House Insurance Committee met and held an organizational meeting.  All bills will come through subcommittees, which will be assigned once bills are assigned to the Committee.  The Committee adopted its rules and then adjourned. 

House Appropriations Committee’s Dept. of Community Health Subcommittee 

          The Subcommittee, under the leadership of Rep. Jay Shaw, heard briefly from Commissioner Gary Redding who made a presentation of the FY 2003 Supplemental Budget, similar to the one he made to the Joint Committee last week.  Each Member was able to ask the Department questions and several asked for the list of contracts to be reduced as a part of the 3% austerity cut for the Department.  Rep. Orrock again asked what the lost federal Medicaid dollars from the provider rate cuts were in the 2004 Budget proposal and whether such made good economic sense.  Rep. Parham asked about reinstitution of prior approval for some medicines and argued that the prior use of generic drugs might save some pharmacy costs to the Department. 

Senate Banks and Banking Committee 

          This Committee originally had bills on its agenda but once the meeting commenced, the Committee only adopted its rules in order to move forward. 

Senate Public Safety and Homeland Security Committee 

          This Committee took action on two bills.  It passed both bills out of Committee without amendments to either.  SB 7, the bill proposing air ambulance licensure and regulation, was the first bill on the agenda.  Sen. Crotts bill proposing a new citation for persons who refuse to turn on their inside car lights one a public safety officer stops a motor vehicle caused some discussion.  Sen. Valencia Seay was opposed to the bill stating that it could perhaps lend itself to more racial profiling.  She was most concerned about the $150 fine imposed for violators.