Legislators resumed work today.  Rumors are circulating that the General Assembly will take recess next week to work on the Budget.   Flaggers were out in front of the Capitol today, again supporting the need for a referendum on the flag issue.  Civil justice reform initiatives (tort reform) are still being hammered out by Legislators and lobbyists; a bill is anticipated any day now to be introduced in the Senate.  Below will outline some of today's activities: 

Floor News 

          The House convened around 10:00 a.m. this morning.  HB 174, which deals with the Georgia Peanut Growers Association, was on the calendar.  The bill, however, was sent back to the Agriculture Committee.  Otherwise, the House had a relatively short day.  The Senate went to work around 1:00 p.m. but was actively holding Committee meetings shortly after 2:00 p.m. 

Newly Introduced Legislation 

HB 294 – Rep. Jamieson and others have proposed this amendment to O.C.G.A. § 48-7-103 concerning quarterly, monthly, and jeopardy tax returns.  This proposes an increase when an employer whose tax withheld or required to be withheld is $1,000 or less per month, is required to file and remit payment to the Department on or before the last day of the month following the end of the quarter. Also, every employer whose tax is withheld or required to be withheld exceeds $1,000 per month is required to file and remit payment to the department on or before the 15^th day of the following month; provided, however, that the Commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. 

HB 296 – Without Speaker Murphy to reign in such legislation, Reps. Wilkinson and Holmes have proposed that amendments be made to the Motor Vehicle Code to require occupants of pickup trucks and vehicles equipped for off-road use be restrained by seat belts.  This would amend O.C.G.A. § 40-8-76.1.  It would also require that each occupant of the front and back seats of a passenger vehicle, while such is being operated on a public road, street, or highway, be required to wear a seat belt, approved by Federal Motor Vehicle Safety Standard 208. The bill also lowers fines associated with violations of these proposed changes.  For instance, persons failing to wear a seat belt could not be fined more than $15.00 (it is now $200). 

HB 301 – Rep. Crawford has proposed a change to judicial foreclosure sales in Chapter 13 of Title 9.  This provides for limitation of damages in civil suits by successful bidders for property which is sold in judicial and certain non-judicial sales that are later rescinded. 

HB 306 – Rep. Dean has proposed amending O.C.G.A. § 9-13-36 to make it unlawful to sell tax executions of real property. 

HB 318 – Rep. McClinton and others have proposed an amendment to Chapter 6 of Title 49 to enact the "Adult Day Center Licensure Act."  Licensure is established and would be administered by the Department of Human Resources.   The Department could refuse licensing a facility upon a showing of: "1) noncompliance with the rules and regulations for adult day centers as adopted by the Department which are designated in writing to the facilities as being related to adults' health and safety; 2) flagrant and continued operation of an unlicensed center in contravention of the law; or 3) prior license denial or revocation within one year of application."   The Department would regularly inspect these facilities.  Abuses, dereliction or deficiencies, if found, would be reported and brought to the attention of the center, with corrections being requested to be made within a reasonable time.  Operation of a center without a license would be punished by a fine of not less than $50.00 nor more than $200.00 for each offense (a day of operation without a license constitutes a separate offense).  

HB 319 -  This proposal was authored by Rep. Alan Powell and others, including Rep. Bobby Parham, chair of House Motor Vehicles Committee.  It requires that an applicant for a driver's license have a social security number, or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number.  It specifically amends O.C.G.A. § 19-11-9.1 and O.C.G.A. § 40-5-25(c). 

HB 322 – Rep. Moraitakis and others have offered this proposal to change appellate practice procedures.  This specifically amends O.C.G.A. § 5-6-34 concerning which judgments and rulings are deemed directly appealable, the procedure for review of judgments, orders or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense.  It allows that appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of the State to also include: "all orders denying nonparties engaged in news gathering the privilege pursuant to Code Section 24-9-30; all orders in criminal cases as provided in Code Sections 5-7-1 and 5-7-2; all declaratory judgments as provided in Code Section 9-4-2; all orders granting motions for summary judgment as provided in subsection (h) of Code Section 9-11-56; and all other orders and judgments deemed subject to immediate review by applicable law." 

HB 325 – Rep. Harbin and others have authored this amendment to the Tax Code by proposing the addition of a new Code Section 48-7-40.24: it would authorize the Commissioner of Industry, Trade, and Tourism to designate certain counties as eligible for tax credits for business enterprises locating there.   This relates to border counties (those bordering on another state) so as to allow the Commissioner to declare such border county to be either a tier 1 or tier 2 county, as defined in O.C.G.A. § 48-7-40, for that business if it locates its facilities in such border county.  

HB 326 – Rep. Debbie Buckner has taken the lead in introducing this bill which addresses the rising costs associated with medical malpractice insurance premiums.  The bill adds a new Code Section at O.C.G.A. § 45-9-4.3 to provide for liability coverage for non-profit hospitals with emergency rooms for damages arising out of the provision of authorized services.  This program would be administered through the Department of Administrative Services.   The emergency room would have to be operated 24-hours a day, seven days per week and devoted exclusively to the "charitable purpose of caring for patients who are unable to pay and to maintaining, operating, and improving the facilities of such hospitals," with income not directly or indirectly for distribution to shareholders of corporations.  These hospitals and their employees would be provided protection against personal liability for damages sustained by third parties arising out of the provision of authorized services to patients by hospital employees in the course of such person's employment. 

HR 144 – Rep. Stephens is proposing a Constitutional Amendment to Article XI, Section I, Paragraph IV, subparagraph (f) concerning property owned in industrial areas.  "Any person owning property in an industrial area described in subparagraph (d) may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court of the county in which the property is located.  Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will no longer be in the industrial area and may be annexed by an adjacent city.  The filing of a certificate will be irrevocable and will bind the owners, their heirs, and their assigns.  As used in this subparagraph, the term "owner" includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property." 

HR 147 – Rep. Maddox has proposed a Joint MARTA Finance Study Committee, to be comprised of nine members.  The Speaker would appoint three from the House (metro Atlanta Representatives with one designated as a co-chair); the Senate Committee on Assignments would appoint three from the Senate (also from the metro Atlanta area with one being a co-chair); the Governor would appoint three persons (not members of the General Assembly).   This would look at costs of maintaining and improving MARTA and review laws relating to MARTA to propose a more fair and equitable funding formula for the transit system necessary for its financial stability. 

SB 103 – Sen. Lamutt has authored this proposal creating the Internet and Computer Safety Act in Title 16, Chapter 9.  It proposes to provide for the offense of obscene internet contact with a child and provide for the offense of harassing e-mails.  The State's Attorney General would have concurrent jurisdiction with county district attorneys to conduct criminal prosecutions and bring other actions.  There are also changes to offenses of computer theft and computer trespass proposed along with computer invasion of privacy, computer forgery, computer password disclosure. 

SB 104 – Sens. Tanksley and others propose to amend the criminal code concerning deposit account fraud.  The proposal amends O.C.G.A. § 16-9-20 to increase the service charge or bad instrument charge from $25.00 to $30.00 or 5% of the face amount of the instrument, whichever is greater. 

SB 105 – Sen. Tanksley and others also proposed to make changes to O.C.G.A. § 13-6-15 concerning damages for writing bad checks.  This increases the maximum service charge from $25.00 to $30.00 or 5% of the face amount of the instrument, whichever is greater.  Also, it adds some notification changes. 

SB 108 – Sens. Stephens, Lee and Crotts are carrying this proposal relating to ethics for Governor Perdue.  It proposes a comprehensive revision of ethics and conflicts of interest.  It also establishes a Code of Ethics for Government Service in O.C.G.A. § 45-10-1. Among the bill's many provisions are restrictions on gifts and honoraria.  Also, there are restrictions relating to campaign contributions.  It gives the State Ethics Commission additional powers including making investigations, issuing subpoenas, prosecuting actions in superior courts, issuing advisory opinions, and imposing civil penalties up to $10,000 per violation. 

SB 109 – Sens. Stephens, Lee, and Crotts have also carried the Governor's amendment concerning ethics reforms.  This proposes to amend Title 21 and Title 45.  It rewrites O.C.G.A. § 21-5-70 concerning public officials' conduct and lobbyist disclosures.  "Expenditure" is more broadly defined as:

a) means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee;

b) includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer;

c) includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received;

d) notwithstanding (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee. 

It does not include value of personal services performed by persons who serve voluntarily without compensation from any source; gifts received from a member of the public officer's immediate family; legal compensation or expense reimbursement provided to public officers and employees, in performance of their duties; promotional items; awards, plaques, etc.; legitimate salary, benefits, fees, commissions or expenses associated with a recipient's non-public business, employment, trade, or profession; food, beverages, and registration at group events to which all members of an agency, including Georgia House of Representatives or Georgia State Senate, committees, and subcommittees of such bodies; campaign contributions or expenditures reported; a commercially reasonable loan; food, beverage or expenses to public officers and their immediate families that are associated with normal and customary business or social functions or activities.  It would also appear that all such reports would be filed with the Secretary of State rather than having such delivered to the State Ethics Commission. 

SB 111 – Sen. Tanksley has authored this amendment relating to death investigations to provide that a coroner or county medical examiner would conduct investigations in instances involving "compensated care."  It allows death investigations when a person has received "compensated care" (by a home health agency, a private home care provider, a long-term care facility, or community living arrangements) when such person's death occurs while receiving or within 30 days of getting treatment from these providers. The bill amends two Code Sections - 45-16-21 and 45-16-24. 

SB 112 – Sens. Hill and Tate have co-authored an initiative to establish the Georgia Seniors Prescription Drug Benefit Program within the Department of Community Health to reduce prescription drug prices for Georgians age 55 and over.   This program would be for persons who are not eligible for Medicaid.  A drug manufacturer or labeler which sells pharmaceuticals in Georgia through a publicly supported pharmaceutical assistance program would be required to enter into a rebate agreement with the Department for the program.  The agreement would require that the manufacturer or labeler make such rebate payments to the State on a quarterly basis or other schedule established by the Department. A participating retail pharmacy, which sells prescription drugs covered by a rebate agreement, would be required to discount the retail price of those drugs under certain parameters. The Department would not be allowed to impose transaction charges under the program on retail pharmacies which submit claims or receive payments under the program.  Additionally, participating retail pharmacies would be required to submit claims to the Department to verify the amounts charged to qualified residents.  Retail pharmacies would be paid on a bi-weekly basis.  The Department would be able to seek waivers of federal law, rule, or regulation necessary to implement this proposal. The Department would also be allowed to third party contract with an entity to administer the components of the program including outreach, eligibility, claims, administration, and rebate recovery and redistribution. 

SB 113 – The "Sunshine Laws" are the issue in this bill authored by Sen. Kemp and others.  This amends Title 50 to amend provisions relating to meetings not required to be open to the public.  It adds a new paragraph (9) to O.C.G.A. § 50-14-3:  

Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (17) of subsection (a) of Code Section 50-18-72 or when discussing any information a record of which would be exempt from public inspection or disclosure under paragraph (17) of subsection (a) of Code Section 50-18-72. 

The bill also makes a change to O.C.G.A. § 50-18-70(f) by adding (2): 

An agency may require that requests for records authorized by this article be submitted in writing; except that written requests shall not be required for the agenda, summary of matters acted on, and minutes of an agency's most recent meeting created pursuant to subsection (e) of Code Section 50-14-1, and any other records an agency determines to be routinely available.  Where requests are required to be in writing, such requests may be delivered to an agency by mail, facsimile, internet, or courier or other delivery in person. 

There are also provisions concerning exceptions from the requirements of disclosure of public records – three new ones are added:  1) unless a request by the accused in a criminal case or by his or her attorney, public records of an emergency 911 system containing information revealing name, address or telephone number of a person placing a call to a public safety answering point such information could be redacted to protect information of identity of a confidential source or prevent disclosure of information that might endanger the life or physical safety of a person or would prevent the disclosure of the existence of a confidential surveillance or investigation; 2) records of pending proceedings under Article 2 of Chapter 13 of Title 50; and 3) records which would compromise the security against terrorist attack of one or more government facilities or operations (such as revealing a plan of protection against such attack, existence of security devices, etc.). 

SB 115 – Sen. Hill and others have proposed a change to O.C.G.A.§ 50-5-132 so as to amend certification procedures used by Dept. of Administrative Services for a minority business enterprise.  These would now be required to be consistent with the Federal Code of Regulations outlining federal Dept. of Transportation certification procedures for minority business enterprises. 

Committee News 

House Health and Ecology Committee 

          Three bills were on its agenda today.  HB 45, which amends the Chair's tenure for the Commission on Men's Health, passed without discussion.  Additionally, HB 54, which amends who may own and operate an eye bank, also passed without discussion.  HB 261, which is the pharmaceutical update and also contains additional amendments on who may provide opioid treatments, was discussed but held in Committee.  There are concerns that the persons proposed to deliver opioid treatments in the bill are in conflict with federal laws.  Additionally, HB 261 requires that a provider place his or her DEA number on a prescription. 

Senate Health and Human Services Committee 

          SB 96, the bill which would allow off-label uses for prescription drugs, was to be on the agenda today.  Due to concerns raised by the Medical Association of Georgia, the bill was pulled from the Committee's agenda. It is likely that the bill will reappear later in the week for a hearing. 

Other 

February 11, 2003 

·        House Motor Vehicles Safety Subcommittee will meet at 9:00 a.m. in room 230 CAP to hear HB 217 concerning uses of seat belts/child restraints

·        House Commercial Law Subcommittee will meet on HB 94 relating to Fair Business Acts at 1:00 p.m. in room 132 CAP

·        House Human Relations and Aging will meet to hear from Speaker Coleman at 1:00 p.m. in room 404 CAP

·        House Commercial Law Subcommittee will meet at 1:00 p.m. in room 132 CAP

·        Senate Finance Committee will meet on SB 11, income tax changes, at 1:30 p.m. in 450 CAP

·        House Health and Ecology Subcommittee on General Health will hear HB 53 concerning anatomical gift donations and HB 183 concerning who may do tattoos around the eye at 2:00 p.m. in room 415 LOB

·        House Insurance Committee will meet on HB 191 regarding motor vehicles at 2:00 p.m. in room 230 CAP

·        House Appropriations Dept. of Community Health Subcommittee will meet at 2:00 p.m. in room 406 LOB to hear from Dept. of Community Health and attached agencies concerning FY 2004 Budget 

February 12, 2003 

·        House Appropriations Subcommittee on Human Development will meet at 8:30 a.m. in room 606 LOB on FY 2004 Budget to hear from various Departments

·        Senate Appropriations will meet to adopt rules and deal with SB 76 at 4:30 p.m. in 341 CAP

·        Senate Health and Human Services will meet at 4:30 p.m. in room 307 LOB

·        House General Law Subcommittee  will meet on HB 200 relating to preferences in purchasing contracts at 9:00 a.m. in room 216 CAP 

February 13, 2003 

·        Senate Children and Youth Committee will meet at 1:30 p.m. in 328 LOB (no agenda)

·        House Regulated Industries Committee will meet at 2:00 p.m. in room 216 CAP (organizational meeting)

·        House Appropriations Dept. of Community Health Subcommittee will meet for public comment on FY 2004 Budget at 2:00 p.m. – 4:00 p.m. in room 406 LOB (sign up for public comment is at 1:45 p.m.)

February 14, 2003 

·        House Appropriations Human Development Subcommittee will meet to have a presentation from the Dept. of Human Resources on FY 2004 Budget at 8:30 a.m. in room 606 LOB