Legislators closed out Day 10 before lunch with many in a hurry to get back home for the weekend.  Next week, many Legislators will get to leave early on Tuesday but some have to remain to conduct Budget hearings.  A number of Georgia's hospitals were represented at the Capitol today with HCA having representatives from its 13 hospitals present.  Many were talking about the State's proposed decreases in Medicaid funding and possible tort reform measures.  Among other top items of interest, Chief Justice Norman S. Fletcher addressed a Joint Session in order to deliver his annual State of the Judiciary. 

Chief Justice Fletcher said Georgia's courts are becoming more efficient and effective, especially the Alternative Dispute Resolution System, which promotes use of mediation and other alternatives for dispute solutions.  Justice Fletcher asked for consideration of expanding the drug court pilot program statewide.  He also noted that Georgia's judges were becoming more aware of and involved in community efforts to curb family violence.   However, his speech focused on indigent defense and how Georgia provides lawyers to those who cannot afford counsel.  The recent study on indigent defense found a very uneven system, with some counties providing more help to the poor than others.  Improvements will come at a high cost. Now, the State spends close to $6.3 million on indigent defense, with counties having the burden of paying the remainder.   This could be as much as $70 million on an annual basis, if the State had to fully fund this item.  Due to the downturn of the economy, it is unlikely that any relief or uniform system can be put in place with the current budget shortfall. 

Newly Introduced Legislation 

SB 81 – Sens. Jackson and others have proposed a new Code Section for O.C.G.A. §31-11-51.1 in order to create the Georgia Emergency Medical Services Medical Directors Advisory Council.  This would act as a liaison with the medical community, medical facilities, and government entities and advise and provide consultation to the Office of Emergency Medical Services of the Department of Human Resources concerning practice issues related to the care delivered by emergency medical technicians, cardiac technicians, and paramedics.  This entity would also recommend and review policies and procedures affecting emergency patient care; advise on scope and extent of emergency medical practice for the emergency medical services; advise on formulation of medical, communication, and emergency transportation protocols, etc.  The council would be appointed by the Commissioner with one from each of the Medical Association of Georgia, Emergency Medical Services Directors Association of Georgia, Georgia Hospital Association, and one from each of Georgia's health districts.  The Advisory Council would be governed by rules and regulations or policies of the Department of Human Resources.  The bill has been assigned to the Senate Public Safety and Homeland Security Committee. 

SB 82 – In a time of ethics and campaign reforms, a bill proposed by Sens. Thompson, Meyer von Bremen, Hooks, Brown, Starr, and Dean would amend O.C.G.A. § 21-5-33 to provide that a candidate or public officer may donate excess campaign contributions to the State or a political subdivision of the State to defray costs of conducting an election for office for which such campaign funds were donated.  This expands how candidates currently use their contributions.  Such law, if passed, would become effective upon approval by the Governor.  This was forwarded to the Senate Ethics Committee. 

SB 85 – Sens. Hamrick, Cagle, Kemp, and Mullis have authored the first optometry bill this year.  This bill states that any person who practices optometry or who offers or pretends to practice or holds himself or herself out as eligible to practice optometry and who is not legally registered and licensed shall be guilty of a felony (rather than a misdemeanor – as current law states) and that each day or fraction of a day that a person practices in violation of this shall constitute a separate offense.  This amends O.C.G.A. § 43-30-14. 

SR 49 – Sens. Don Thomas and others have proposed this Resolution, which the Senate adopted, to request that the United States Congress enact a Medicare prescription drug benefit.  This is an effort to get a Medicare drug benefit passed in 2003 as one did not pass in 2002. 

SR 52 – Sen. Dean has authored a Resolution honoring longtime Speaker, Thomas B. Murphy. 

SR 54 – This Resolution was adopted by the Senate and recognizes Community Health Centers Day as a large portion of Georgia's residents reside in federally designated medically under-served areas and do not have access to quality healthcare. 

SR 55 – Sen. Tolleson and others are proposing a Joint Study Committee on Prescription Drugs for Seniors as prescription drug prices are a critical healthcare issue facing Georgia's senior citizens.  This Committee would be composed of six members with two from the Senate; two from House of Representatives; one from the pharmaceutical industry; and one from the senior citizen community.  It would be required to make a report and report back to the General Assembly on or before December 31, 2003. 

HB 220 – Rep. Channell has introduced an amendment to the timely payment of health benefits section in O.C.G.A.§ 33-24-59.5.  The amendment adds that no amount of interest penalty shall be applied toward any cap on benefits payable to the insured or other person claiming payments under the health benefit plan.  This amendment is applied to paragraph (c), which requires insurers to pay the insured or other person claiming payment 18% per annum on proceeds or benefits due under the terms of the plan for failure to comply with paragraph (b).  

Paragraph (b) states "that all benefits under a health benefit plan will be payable by the insurer, which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written proof of loss or claim for payment for health care goods or services provided.  The insurer shall within 15 working days after such receipt mail to the insured or other person claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid.  Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter.  When all of the listed documents or other information needed to process the claim have been received by the insurer, the insurer shall then have 15 working days within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial."  

The bill has been referred to the House Insurance Committee. 

HB 222 – Reps. Douglas and others have proposed in O.C.G.A. § 45-7-4 to decrease salaries of the Lt. Governor, General Assembly, Speaker of the House, President Pro Tempore of Senate, and Speaker Pro Tempore by 10%.  This would impact the annual salary being received on January 31, 2003 and would remain in effect until December 31, 2004 when this subsection would be repealed.  This was forwarded to the House Appropriations Committee. 

HB 223 – Rep. Channell has also proposed an amendment to O.C.G.A. § 48-8-3 to add a new sales tax exemption paragraph, (7.3), for "sales of tangible personal property and services to a non-profit organization engaged primarily in archeological exploration and preservation, when such organization is a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the Commissioner."  This has now been sent to the House Ways and Means Committee. 

HB 228 – Rep. Borders has also dropped another amendment to the sales tax holiday legislation, passed in 2002.  This is the second bill this Session.  This bill proposes to apply new dates for this 'holiday' so that sales taxes would be exempt on covered items from 12:01 a.m. the first Thursday in August and concluding at 12:00 midnight on the first Sunday in August, each year.  Additionally, it amends the provision concerning computer purchases so that "single purchases of personal computers and personal computer related accessories and software with a sales price of $1500 or less purchased for non-commercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems, for Internet and network access, and non-recreational software, whether or not they are to be utilized in association with the personal computer base unit."  Further the exemption is added for children's books and books listed on approved school reading lists for kindergarten through twelfth grade (the $20.00 sales price still applies).  See also HB 250 which changes the dates allowing two such holidays:  12:01 a.m. on April 11, 2003 to 12:00 midnight on April 12, 2003 and 12:01 a.m. on August 1, 2003 to 12:00 midnight on August 2, 2003.  This has also been forwarded to the House Ways and Means Committee. 

HB 236 – Rep. Golick has introduced an amendment to O.C.G.A. § 16-14-3.  This proposes to include insurance fraud within the definition of racketeering activity under Georgia's RICO (Racketeer Influenced and Corrupt Organizations) Act.  This adds that racketeering activity also means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under O.C.G.A. § 33-1-9.  The House Insurance Committee will now hear more on this Bill. 

HB 249 – Rep. Buck and others have authored this measure changing joint county or municipal sales and use tax provisions and to provide for an optional rate increase to 2% for consolidated governments.  Voters would be required to decide this on a ballot.  The amendment would be placed in O.C.G.A. § 48-8-6(b). 

HB 251 – Reps. Borders and others have also proposed an exemption with respect to sales of tickets for admission to an athletic event of any unit of the University System of Georgia which would be added to O.C.G.A. § 48-8-3(8.1). 

HB 252 – Reps. Morris, Watson, and Harrell have authored a new Code Section for O.C.G.A. § 48-7-29.9:  it would provide an income tax credit for qualified health insurance expenses.  This would apply to expenditure of funds by the taxpayer for health insurance premiums authorized under COBRA due to termination of the taxpayer's employment or change of taxpayer's entitlement status to participate in his or her employer's health insurance plan.  The taxpayer would be allowed a credit against the tax imposed in O.C.G.A. § 48-7-20 for qualified health insurance expenses in the amount, not to exceed $1200.   Of course, no tax credit can exceed the taxpayer's income tax liability.  Per this bill, this would apply to tax years beginning on or after January 1, 2003. 

HB 254 – Rep. White and others are proposing an amendment to the Motor Vehicle Code in order to create a prestige tag where the proceeds would "promote and financially provide for Choose Life adoption support programs to encourage women to consider adoption as a solution to their unplanned or unwanted pregnancies."  Monies would be distributed annually to not-for-profit agencies within the county whose services are limited to counseling and meeting the needs of pregnant women who are committed to placing their children for adoption.  The funds would be distributed to qualified agencies in proportion to the number of registrations and renewals for such tag.  The bill specifies how the not-for-profit must spend the monies such as on material needs for pregnant women – clothing, housing, medical care, etc. 

HB 256 – Rep. Broome and others are proposing that any state officer or employee may purchase any quantity of products manufactured by Georgia Industries for the Blind.  Such will not constitute any prohibited conflict of interest and shall not be required to be reported.  This would not apply to the Commissioner of Labor or any employee of the Department of Labor designated by the Commissioner as ineligible for application.  This would be added as a new Code Section at 30-2-10. 

HB 258 – Rep. Royal and others proposed this Tax Code amendment which relates to eligible foods and beverages for off-premises consumption.   Further, this proposal states that the "exemption formerly provided for under this paragraph shall terminate at the last moment of December 31, 2004.  On and after January 1, 2005, the eligible food and beverages which were the subject of the exemption shall be subject to taxation under this chapter.  The commissioner shall calculate annually an amount equal to the revenue attributable to state sales and use taxation of such items and such amount shall be deposited in the homeowner's incentive adjustment trust fund under Chapter 89 of Title 36."  This would be placed in O.C.G.A. § 48-8-3(57A).  Once monies were collected, then the Bill directs that the revenue commissioner deposit those funds annually so that the sole appropriation to homeowner's tax relief grants, per Code Section 36-89-3, provided that for each year, any amounts in excess of 50% of the amount deposited and not appropriated to such grant purposes may be deposited in the general fund.  The Act, if passed, would become effective on January 1, 2005 and be applicable to tax years on or after January 1, 2005 (it would require ratification in the November 2004 statewide election). 

HR 105 – Rep. Jackson and others have proposed commending Georgia's dental hygienists by declaring Dental Hygienists' Appreciation Day on February 7, 2003. This will be considered by the House Rules Committee. 

HR 108 – This is another Resolution, offered by Rep. Royal and others, proposing a Constitutional Amendment so as to allocate not less than 50% of the revenue from the State's sales and use tax with respect to the sale of food and beverages for off-premises consumption to fund property tax relief through the homeowner's incentive adjustment.  This Resolution has a proposed ballot submitting such amendment. 

Committee News 

          Committee meetings were largely cancelled for the afternoon.  Here is a partial schedule of meetings posted presently: 

February 3, 2003 

1) House Judiciary Subcommittee on HB 91, Fairness in Arbitration Act, on Adjournment in Room 132 of Capitol 

2) House Industrial Relations Committee at 1:00 p.m. in Room 404 of Capitol 

3) House Appropriations General Government Subcommittee which will hear presentations by various Offices and Departments, including the Secretary of State, at 1:30 p.m. in Room 415 of Legislative Office Building 

4) Senate Insurance and Labor Committee at 2:30 p.m. in Senate Mezzanine of Capitol for hearing on SB 50, Georgia Consumer's Choice of Healthcare (elimination of mandates) 

5) House State Planning and Consumer Affairs at 3:00 p.m. in Room 133 of Capitol for organizational meeting 

6) House Appropriations Subcommittee on Human Development at 3:00 p.m. in room 606 of Legislative Office Building 

7) Senate Health and Human Services Committee at 3:30 p.m. in room 310 of Legislative Office Building 

February 4, 2003 

1) House Appropriations' Human Development Subcommittee at 9:00 a.m. in room 606 of Legislative Office Building 

2)  House Human Relations and Aging Committee at 1:00 p.m. in Room 404 of Capitol for Organizational Meeting 

3) House Appropriations Subcommittee on Department of Community Health at 2:00 p.m. in Room 406 of Legislative Office Building to hear from Georgia Board for Physician Workforce; State Medical Education Board; Composite State Board of Medical Examiners; and Georgia Cancer Coalition 

4) House Appropriations' Human Development Subcommittee at 3:00 p.m. in Room 606 of Legislative Office Building to hold hearings relating to Veterans Services; Department of Labor; and Department of Juvenile Justice 

February 5, 2003 

1) House Appropriations Subcommittee on Human Development at 9:00 a.m. in room 606 of Legislative Office Building 

Other 

          We understand that a civil justice reform bill is being drafted but has not been introduced.  This issue is causing a stir around the Capitol as trial lawyers oppose any changes to the civil justice system and businesses, including healthcare groups, are in favor of modifications to the current law.  Proponents believe that such changes will help address the rising costs of health care including the rising medical malpractice insurance premiums being paid by providers.