Today was another busy day under the Gold Dome.  Ethics issues were percolating.  Neither the House nor Senate took much time in "session," rather they adjourned to hold various Committee meetings.  

Late in the day, the City of Savannah and its Legislators hosted Savannah Night at the Georgia Railroad Depot where a large crowd enjoyed seafood and beverages. 

Some highlights from day's activities: 

Newly Introduced Legislation 

SB 28 – Sens. Cagle and others offered this amendment to Title 7 to amend the "Georgia Fair Lending Act."  This would provide for changes in limitations on late payment charges; specify when a reasonable tangible net benefit occurs; would provide some exceptions consistent with federal law; etc.  The bill has been forwarded to the Senate Banking and Financial Institutions Committee. 

SB 31 – Sens. Stephens and Lee, the Governor's Floor Leaders, have also proposed additional ethics reforms, amending Title 21.  Some of the bill's provisions are: 

·        Change the service dates for members of the State Ethics Commission (this is currently known as the State Campaign and Financial Disclosure Commission).  Thus, any persons serving on such Commission now will have their terms of office expire on July 1, 2003.

·        New members will take office on July 2, 2003.  Those serving on the Commission as of July 1, 2003 are eligible for re-appointment as "new" members of the State Ethics Commission.

·        In a matter before the Commission, if a Member has made or caused to be made a contribution (in a current or immediately preceding election cycle) to any respondent, any party to the complaint, any candidate who opposed the respondent in any election in the current or prior election cycle, or the campaign committee of any of the foregoing, then that Member would be required to recuse himself/herself from consideration.  The Commission, may, upon motion, order such recusal.

·        In O.C.G.A. § 21-5-33, it proposes that "contributions to a candidate, campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall not be loaned by a candidate, campaign committee, or public officer to any other person, party, body, organization, association, campaign committee, candidate, or other entity in any manner."

·        It also changes how a member of the General Assembly can accept campaign contributions: currently, neither a Member of the General Assembly nor a statewide office holder can accept a contribution during a Legislative Session.  The proposal for O.C.G.A. § 21-5-35(a) is tightened.  It would not allow acceptance or solicitation of a contribution by the Legislator, statewide office holder, or his or campaign committee or accept a pledge for such contribution during the Legislative Session.

·        In an effort to tighten appearances before the Board of Pardons and Paroles, the Bill proposes to make it unlawful for Members of the General Assembly or any other state elected or appointed official to appear before such Board on behalf of a person under the Board's jurisdiction or advocate a decision on such person's behalf.  Members of the General Assembly or state elected or appointed officials would be allowed to forward correspondence or communications received from third parties to the Board, as long as the correspondence or communications are forwarded in substantially the same form in which they were received.  Violation of this would be a misdemeanor. 

This has been sent to the Senate Ethics Committee. 

SB 36 – Sens. Nadine Thomas and others have proposed an amendment to Chapter 26 of Title 43 in order to enact additional authority for advanced practice nurses (APRN) to carry out prescriptive orders.  This would be known as the Health Access Improvement Act.  APRNs would have to work under a collaborative practice agreement which is a written agreement between the nurse and the physician, where the physician supervises and authorizes the APRN to administer, dispense, and order drugs, devices, medical treatments, and diagnostic tests, and execute verbal and written prescription drug or device orders.  This agreement also provides for the terms and conditions for the execution of a prescription drug or device order.  Dispensing will be limited to dispensing pharmaceutical samples at no charge, except in certain settings described in O.C.G.A. § 43-34-26.1.  An advanced practice nurse could execute a prescription drug or device order for any device as defined by O.C.G.A. § 26-4-5; any Schedule II,III,IV, or V controlled substance; or any dangerous drug defined by O.C.G.A. § 16-13-21.   This would be done only upon the terms and conditions of the collaborative practice agreement.  The legislation proposes the format for the prescription drug or device order contents, a copy of which would be maintained in the patient's file. The bill has been forwarded to the Senate Health and Human Services Committee. 

SB 37 – If you use an "electric personal assistive mobility device" (EPAMD), which is a self-balancing, two non-tandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weights 170 pounds," then this proposal by Sens. Thompson and others will cause such to be regulated in Title 40.  For instance, you would not be able to operate such device at a speed in excess of seven miles per hour on a sidewalk or fifteen miles per hour elsewhere.  There are also provisions concerning where you could park your EPAMD and what types of materials could be transported on such device.  This measure was referred to the Senate Transportation Committee. 

SB 38 – Sens. Lamutt, Shafer, Clay, and Zamarripa have authored this bill creating a new Article 34 in Title 10 beginning with O.C.G.A. § 10-1-900 to be known as the Georgia Database Protection and Economic Development Act.  This would provide some protections for owners of databases against unauthorized commercialization of such.  This bill has been forwarded to the Senate Science and Technology Committee. 

SB 41 – Another bill relating to homestead exemptions has been introduced.  This one is by Sens. Thompson, Meyer von Bremen, Hooks, Starr, Dean and others and amends O.C.G.A. § 48-5-44, increasing the homestead exemption from all ad valorem taxation for state, county , and school purposes from $2,000 to $20,000.  The bill also includes a proposed referendum for voters to decide.  The Senate Finance Committee will now hear this bill. 

SB 44 – Sens. Clay and others have proposed creating O.C.G.A. § 29-1-3 to provide for immunities from liability for damages, resulting from any act or failure to act by such persons who serve as guardians ad litem – unless such act or failure to act constituted gross negligence or reckless, wanton or intentional misconduct. 

SB 50 – Sens. Seabaugh and others have introduced the "Georgia Consumer Choice of Benefits Health Insurance Plan Act."  This is to allow an option for employers to offer more affordable and flexible health insurance policies and would be created in Chapter 59 of Title 33.  "State mandated health benefits" means "coverages for health care services or benefits, required by state law or state regulations, requiring the reimbursement or utilization related to specific health illnesses, injuries, or conditions of the covered person, or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in an individual, blanket, or group policy or contract for a health related condition of a covered person."  It would require that health policies or contracts sold by insurers authorized to transact business in Georgia shall also be authorized to offer through a licensed agent or agency, as an option, one or more group health benefit plans which, either in whole or in part, do not provide state mandated health benefits."  If such policy is made without the state mandated health benefits, then the insurer shall: 

"1) provide to the proposed group or individual policyholder a written notice at the beginning of the written application for the health benefits plan the following language in bold type: 

You have the option to choose this Consumer Choice of Benefits Health Insurance Plan, which, either in whole or in part, does not provide state mandated health benefits normally required in accident and sickness insurance policies in Georgia.  This health benefits plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state mandated health benefits in policies in Georgia.  If you choose this option, please consult with your insurance agent to discover which state mandated health benefits are excluded in this policy."  

2) Provide form to be signed by the proposed group or individual policyholder acknowledging that the health benefits plan being purchased by the group or individual policyholder does not provide the state mandated health benefits listed on the form; and 

3) Maintain the signed acknowledgement forms to provide information as may be needed by the Commissioner of Insurance." 

This has been referred to the Senate Insurance and Labor Committee. 

SR 36 – Sens. Thompson and others have introduced this Constitutional proposal to require annual appropriations for homeowner tax relief grants with a benefit equivalent to a homestead exemption of $18,000.  Currently a homeowner's incentive adjustment "may be applied" to the tax return of each taxpayer claiming such statewide homestead exemption.  This proposal would amend Article VII, Section IIA of the State's Constitution and would strike Paragraph I and insert a new such Paragraph.  This Amendment proposal would be placed on the ballot for voters to decide.  This was forwarded to the Senate Finance Committee. 

HB 170 – Reps. Franklin and others have proposed this solution to the predatory lending issue – repeal Chapter 6A of Title 7 which created the Georgia Fair Lending Act.  This has been referred to the House Banks and Banking Committee. 

HB 171 – Reps. Franklin and others have introduced a proposed change to O.C.G.A. § 40-5-71(a)(2) and (b)(1)(B) to provide an exception with respect to military personnel concerning termination of coverage.  The measure was referred to the House Insurance Committee. 

HB 175 – Reps. Smith and others have proposed this change to the Criminal Code at O.C.G.A. § 16-12-2.1, to create a misdemeanor for a person who smokes tobacco in a motor vehicle with a child who is restrained in a child passenger restraint device.  This will now be heard in the House Motor Vehicles Committee. 

HB 179 – Reps. Thomas, Jordan, and Greene-Johnson have introduced this amendment to Title 20 and specifically O.C.G.A. 20-2-690.1 in an effort to require children between six and seventeen to have compulsory attendance in school (either public, private, or home study).  This raises the current age of sixteen.  The House Education Committee will now hear this bill. 

HB 181 – Reps. Buck and Royal have posed this amendment to O.C.G.A. § 48-1-2(14) to change the date provided for in the federal law enacted on or before January 1, 2002 to January 1, 2003 pertaining to the Internal Revenue Code, thus incorporating federal provisions into Georgia law.  This was sent to the House Ways and Means Committee. 

HB 183 – Tattoos are the issue in this proposal by Rep. Borders.  This proposes to create an exception to the misdemeanor offense of tattooing near the eye.  If such tattooing is performed by an osteopath or a technician under the supervision of a licensed physician or osteopath in O.C.G.A. § 16-12-5, then the person would not be guilty of a misdemeanor.  This measure was referred to the House Health and Ecology Committee. 

HB 186 – Reps. Forster, Harrell, Graves, and Watson have proposed amendments to O.C.G.A. § 43-34-37 regarding licensing and disciplining physicians.  It will make it unlawful for a licensed physician to "knowingly accept a gift or anything of value form a business engaged in the pharmaceutical or medical device or medical equipment industry or any officer, agent, employee, or representative of such business."  Likewise, it will also be unlawful for any business engaged in the pharmaceutical or medical device or medical equipment industry or any officer, agent, employee, or representative thereof to knowingly give, loan, transfer or otherwise provide any gift or anything of value to any licensed physician.   "Gift or anything of value" does not include textbooks and other items, which serve as legitimate and genuine educational purposes; meals; and other food and beverages valued at $25.00 or less; samples of products for patients; items valued at $25.00 or less which are directly related to the physician's work; and gifts from spouses, children, grandchildren, parents, grandparents, and siblings."  The term also does not apply to include subsidies to defray or underwrite the cost of continuing medical education conferences and other professional meetings for physicians where the conferences or meetings are "primarily dedicated, in both time and effort, to promoting objective scientific and educational activities and discourse and the main incentive for bringing the physicians together is to further their knowledge of the topic or topics being presented and where the subsidies are paid to the sponsoring organization of the conference or meeting and not to individual physicians"  Persons guilty of these provisions are guilty of a misdemeanor of a high and aggravated nature.  The bill was referred to the House Health and Ecology Committee. 

HB 191 – Rep. Jimmy Lord has offered an amendment to Title 40 to make some changes on voluntary cancellation of the registration of vehicles, if stolen, repossessed but not redeemed by the registrant, junked, inoperable, in storage, or used seasonally for agricultural or other purposes when the vehicle is not in use.  A $10.00 fee would be required for reinstatement, along with all accrued ad valorem taxes and license fees.  It also proposes inserting amendments in O.C.G.A. § 40-2-137.  It amends definition for "commercial vehicle policy" – it takes out current exception that such term does not include any policy issued to a named insured who is a natural person.  It proposes some new definitions for fleet policy and lapse: 

·        Fleet policy means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period.

·        Lapse means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage. 

The Bill requires that if a vehicle is covered under a "fleet policy" that the owner's insurer shall not be required to provide such proof to the department by electronic means.  Additional changes insert a lapse fee of $25.00 to be paid when an owner provides that minimum motor vehicle insurance coverage is in effect (if the Department has suspended the registration).  To get reinstated, the lapse fee and a restoration fee of $60.00 would be required.  These fees increase so that if a third or subsequent suspension on an owner's registration occurs on or after February 1, 2003, during any five year period, then the Department must revoke the motor vehicle registration and no new application for registration will be accepted for a period of six months after the revocation.  At that point, when proof is provided that minimum coverage has been obtained, then the owner pays the $25.00 lapse fee plus $160.00 for the restoration fee.  The Commissioner has the ability to waive the lapse fee for any owner whose vehicle registration was voluntarily cancelled.  Collection of the lapse fees and restoration fees would begin on July 1, 2003. 

Among other provisions, it allows vehicles covered by fleet policies or those engaged in interstate commerce to use an insurance information card issued by the insurer as 'satisfactory proof' of required minimum insurance coverage.  Also, if vehicles are covered under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner shall be considered satisfactory proof of required minimum insurance coverage, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance.  The House Insurance Committee will hear this bill. 

HR 80 – Reps. Day and Stephens have offered a Constitutional amendment to create a statewide base year assessed value homestead exemption with respect to county ad valorem taxes for county purposes.  The Resolution also provides that this be placed on the ballot for voters to decide.  This Resolution was sent to the House Ways and Means Committee. 

Committee News 

          A number of Committees met today, and here are reports on a few: 

Senate Health and Human Services Committee 

Under the direction of the new Chairman, Sen. Don Thomas, the Committee met and adopted its rules for this Session.  No other business was conducted. 

Senate Ethics Committee 

          Chairman Mike Crotts held a meeting this afternoon with this newly formed Committee, which adopted its rules (a quorum will require twelve Members).  It heard from the newly appointed Inspector General Sehorn to hear his plans for this new office which is to clean up state government.   This newly created office will interface with other State government agencies and departments.  Last week, Inspector General Sehorn met with a number of departments.  His plans are to help improve the functioning of the various agencies and to perhaps tweak internal controls.  If actual weaknesses or problems are found, a plan of corrections will be provided to the agency or department.  He will have a non-prosecutorial role, but if criminal activity is found, this will be turned over to the proper legal authorities.  If there is abuse of authority found within an agency or department, then discipline or removal may occur but such would be determined by the Governor.  There have been a number of complaints made about state government – in terms of fraud, waste, and abuse.  Complainants must be able to make their complaints with anonymity .  There may need to be some amendments to the open records and subpoena laws in an effort to help the Inspector General carry out his new job.  The Committee may also investigate some CON activities.  Semi-annual reports will be prepared so that a summary of activities and actions can be provided to the Governor and the General Assembly.  His office has been modeled after Ohio's Inspector General. 

House Health and Ecology Committee 

          Rep. Buddy Childers hosted the first Health and Ecology Committee meeting today. 

A presentation was given by Commissioner Jim Martin from the Department of Human Resources.  He provided an overview of the various Divisions within his Department such as the Office of Regulatory Services which oversees regulations of entities such as hospitals and home health agencies; the Office of Public Health which implements procedures for bioterrorism and oversees management of the various State's health departments, etc.  Commissioner Martin briefly outlined information about various funding cuts. 

At the next Committee meeting, Rep. Pam Stephenson, the former Executive Director for the State Health Planning Agency (which is now a part of the Department of Community Health) will provide a presentation on the State's certificate of need law.  At a future meeting, the Committee plans to hear more about professional licensing from the various Boards. 

Rep. Childers proposed organizational and operational rules for adoption by the Committee.  These rules outline the use of Subcommittees, which will hear all bills assigned to the Committee.  There are four standing Subcommittees:  General Health; Healthcare Facilities; Health Professions; and Mental Health, Mental Retardation, and Alcohol and Substance Abuse.  Some amendments were made to the rules.  A quorum will now be eleven for the full Committee to take action (this used to be nine).  For a bill to be passed with a favorable report from the Committee, it will need nine affirmative votes (this was previously seven).  A quorum for a Subcommittee will now be five (this was previously three).  

This Committee plans for its next meeting to be on Wednesday, February 5, 2003 at 2:00 p.m.