Greetings from under the Gold Dome!  Today, the civil justice reform bill was dropped into the Senate “hopper” with bipartisan support.  Sen. Thomas Price held a press conference at 11:30 a.m. to give some particulars about the legislation, SB 133.  Business leaders, physician representatives, and hospitals were there to lend support to Sen. Price in pressing forward with this issue. 

          We understand that a bill regarding the State flag will be introduced tomorrow.  This bill will propose a non-binding referendum for a choice on the State’s flag in the Spring presidential primaries.  This will be proposed for the Presidential Preference Primary. 

Floor News 

On the House Floor today, two bills were passed.  HB 108 which proposes to add Christmas trees and horticultural crops (pine straw for example) to the list of agricultural products which are currently protected under Georgia law from requiring payment when those products are purchased as agricultural commodities.  HB 108 would require that payment must be made before the products are then sold or used, unless that credit is extended. The bill establishes a misdemeanor violation if the product value is less than $500, but it becomes a felony, with one-five years imprisonment if the purchase is greater than $500. HB 108 by a vote of 166-0. 

The second bill was HB 140 which proposes to remove a burdensome requirement on law enforcement officials. Currently, all law enforcement agencies are required to submit to the Georgia Crime Information Center (GCIC) details of all arrest warrants and related identifying data. While this might seem minor, it becomes burdensome for all minor offenses such as speeding or other minor violations such as city ordinances must be forwarded.  HB 140 would exempt minor violations from reporting requirements.  The bill passed unanimously. 

          The Senate passed SB 14, which proposes changes to penalties associated with Georgia Dairy Act violations.

Civil Justice Reform 

SB 133 – Sen. Price’s civil justice reform bill proposes to make amendments to the following:

·        O.C.G.A.§ 7-4-12 to change rate of interest on judgments to be recovered from 12% to an amount equal to the weekly average one-year constant maturity treasury yield, as published by the Federal Reserve System, for the calendar week preceding the first day on which the defendant is liable for interest.  The interest would be computed daily from the first day on which the defendant is liable for interest.

·        O.C.G.A. § 9-10-31 which relates to actions against joint tortfeasors.  It would allow joint or joint and several tortfeasors, obligors, or promissors or joint contractors or copartners, residing in different counties, to be subject to an action as such in the same action in any county in which one or more of the defendants, who are joint torfeasors, obligors, or promissors, or joint contractors, or copartners reside.  If all defendants who reside in a county where the action is pending are discharged from liability either before or after the trial, then the nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper – if venue could be proper in more than one county, then the judge where the action has been pending would make the determination of which county the action should be transferred.

·        The dismissal rule is changed in O.C.G.A. § 9-11-41.  It allows the plaintiff by stipulation  through a written notice of dismissal at any time before service by the adverse party of an answer or a motion for summary judgment or by filing a stipulation of dismissal signed by all parties who have appeared in the action.  It also allows dismissal by court order so that an action will not be dismissed at the plaintiff’s instance unless there is an order and only then on terms and conditions that the court deems proper.  The dismissals under this section would be without prejudice except that the filing of a second notice (rather than a third) notice of dismissal operates as an adjudication upon the merits.

·        O.C.G.A. § 50-2-21 is amended to provide for a type of forum non conveniens.  A court of general jurisdiction may, for convenience of parties and witnesses, or in the interest of justice transfer any civil action or claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case would then proceed as though it was originally filed there.  In making the determination, the court will consider whether the plaintiff is domiciled in Georgia at the time that the cause of action arose or the alleged injury or loss on which the claim is based occurred within Georgia.  This is modeled after Alabama’s law and would help prevent non-Georgia folks from filing suits here, when there were little or no connection to this State.

·        A new section, O.C.G.A. § 51-1-29.4 is added.  It defines an “emergency medical condition” as a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: A) placing the health of the individual in serious jeopardy; B) serious impairment to bodily functions or C) serious dysfunction of any bodily organ or part.”  It defines noneconomic damages as “damages for physical and emotional pain, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature.”  This allows an exemption to hospitals and healthcare providers when an individual comes to a hospital with an emergency medical condition from noneconomic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance.  There are parameters for this.

·        The bill also proposes to provide for collateral source provisions found in O.C.G.A. § 51-12-1 (which were previously stricken).  It would permit the recovery of special damages arising from a tort injury in which special damages are sought to be recovered or evidence of same is introduced, evidence of all monetary benefits, compensation, indemnification, or other benefits or payments from collateral sources of recovery for such special damages and of the costs incurred by the plaintiff in obtaining the same shall be presented to the trial court prior to the commencement of the trial.  The trial court would then consider the benefits or payments from such collateral sources to satisfy the special damages sought – this would apply to recovery for future special damages.  The trial court would also at the end of the trial reduce any amounts by the recoverable collateral sources applicable to each of such special damages which have been determined.

·        The bill also amends the law on punitive damages.  These are damages to punish, penalize, or deter a defendant.  This amendment is in O.C.G.A. § 51-12-5.1.  This would apply to product liability actions as well.  Punitive damages would be limited to a maximum amount of $250,000.

·        O.C.G.A. § 51-12-14 concerning unliquidated damages is also changed so that interest begins to run from the 30^th day following the date of the mailing of the written notice until the date of judgment and would be computed daily from the day on which the defendant is liable for interest and at a rate equal to the weekly average one-year constant maturity treasury yield, as published by the Board of Governors for the Federal Reserve System for the calendar week preceding the first day on which the defendant is liable for interest.

·        O.C.G.A. § 51-12-31 is amended regarding recovery against joint trespassers.

·        Apportionment of damages is also amended, as found in O.C.G.A. § 51-12-33.  This allows a calculation of the percentage of negligence of the plaintiff in the award of damages.  Such calculation would reduce the amount of damages otherwise awarded based on his or her negligence.  The plaintiff could not recover if the plaintiff was 50% or more responsible.

·        O.C.G.A. § 51-12-34 was amended concerning non-economic damages.  This limits these damages not to exceed $250,000 in medical malpractice cases, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought, or the number of parties brining such claims or actions.  The jury would be apprised about such award for noneconomic damages.  This also allows for periodic payments funded through an annuity when those awards are in excess of $50,000. 

Legislation 

SB 103 – Sen. Lamutt’s bill enacting the “Internet and Computer Safety Act” which would amend Title 16 of the Code, has now been assigned to the Science and Technology Committee for review. 

SB 104 – Sen. Tanksley’s bill amending O.C.G.A. § 16-9-20 which proposes to increase the maximum service charges for deposit account fraud has now been forwarded to the Senate Judiciary Committee. 

SB 105 – Sen. Tanksley also authored this measure amending O.C.G.A. § 13-6-15 to increase the maximum service charges for writing bad checks.  This too has been forwarded to the Senate Judiciary Committee. 

SB 108  and SB 109 – The Governor’s bills, handled by Sens. Stephens, Lee and Crotts, concerning ethics reforms have been forwarded to the Senate Ethics Committee for further review.  Among the many provisions of these bills, respectively, include the establishment of a code of ethics for government service and reforms concerning public officials’ conduct and lobbyist disclosure. 

SB 112 – Sens. Hill and Tate have co-authored a Georgia Seniors Prescription Drug Benefit Program.  This would be established in Chapter 46 of Title 31.  The Department of Community Health would oversee this program, which would be available to persons over age 55 and not otherwise eligible for Medicaid. 

SB 113 – Sen. Kemp and others have proposed this measure amending Title 50 concerning when meetings are required to be open to the public.  An amendment regarding exemptions is proposed for O.C.G.A. § 50-14-3(9):  “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. 

SB 115 – Sens. Hill, Seay, and Stokes have co-authored this amendment to the certification procedures used by the Dept. of Administrative Services for a minority business enterprise.  Such would be required to be consistent with the Code of Federal Regulations outlining federal Dept. of Transportation certification procedures for minority business enterprises as defined in federal law.  This amends O.C.G.A. § 50-5-132. 

HB 296 – Rep. Wilkinson’s amendment to change the seat belt law – previously excepting persons who were drivers or occupants of pick up trucks.  This would require the use of seat belts for persons in pick ups as well as any passengers in the back seats of automobiles.  This bill has been referred to the House Motor Vehicles Committee. 

HB 298 – Rep. Ashe has proposed a tax credit for certain businesses which conduct business in less developed areas of Georgia.  This proposal was forwarded to the House Ways and Means Committee. 

HB 301 – Rep. Crawford’s amendment to Chapter 13 of Title 9, concerning limitation of damages in civil suits by successful bidders for property sold in judicial and non-judicial sales, which are later rescinded has now been sent to the House Judiciary Committee for it to review. 

HB 306 – Rep. Dean authored this proposal which amends Chapter 13 of Title 9; it proposes to eliminate the sale of tax executions – otherwise make such unlawful.  This bill has been sent to the House Ways and Means Committee for study. 

HB 308 – Rep. Channell has proposed a bill concerning sales and use tax exemptions in an effort to exempt certain sales to non-profit organizations that are engaged in archeological exploration and preservation.  This bill was referred to the House Ways and Means Committee. 

HB 318 – Rep. McClinton and others have authored the Chapter 6 of Title 49 amendment to enact the Adult Day Center Licensure Act.  This would require such licensure by the Department of Human Resources, which would be provided the power to issue, renew, and revoke such licenses.  It would also allow the Department to inspect or investigate such facilities. 

HB 322 – Rep. Moraitakis and others are proposing changes to appellate practice procedures in O.C.G.A. § 5-6-34.  This would allow certain judgments and rulings to be deemed directly appealable.    It proposes to add that such direct appeals would apply to: all orders denying nonparties engaged in news gathering the privilege pursuant to O.C.G.A. § 24-9-30; all orders in criminal cases as provided in O.C.G.A. § 5-7-1 and 5-7-2; all declaratory judgments as provided in O.C.G.A. § 9-4-2; all orders granting motions for summary judgment as provided in subsection (h) of O.C.G.A. § 9-11-56; and all other orders and judgments deemed subject to immediate review by applicable law. 

HB 326 – Rep. Debbie Buckner has proposed a solution to some hospitals needing medical malpractice liability insurance.  This proposal amends O.C.G.A. § 45-9-4.3 and would apply to nonprofit hospitals operating an emergency room on a 24-hour, 7-day per week basis.  It would allow these hospitals and their employees protection against personal liability for damages to patients by an employee of such hospital during the course of the person’s employment with the hospital.  The Commissioner of the Department of Administrative Services would prescribe the terms and conditions under which the nonprofit hospital and their employees would be covered by any liability insurance policy and would be provided the cost of such insurance. 

HB 337 – Rep. Rogers and others have authored an amendment to Article 2, Chapter 7 of Title 48 to provide for an income tax credit for teachers or for home study program instructors with respect to qualified education expenses.   Such credit would not be allowed to exceed the actual amount expended or $250.00, whichever is less. 

HB 336 – Rep. Ashe and others have proposed creating the “School Restroom Standards Act.”  This is one way for the toilets to be cleaned.  Each local board of education would be required to provide ongoing maintenance of toilet facilities for students, faculty, and staff in all public school buildings.  There are standards proposed, such as:  “1) toilet facilities, including rooms and fixtures, shall be kept in a clean condition, in good repair, and free from objectionable odors; 2) a supply of toilet tissue shall be provided at all times at each toilet; 3) easily cleanable receptacles shall be provided for waste paper and other refuse and such receptacles in toilet rooms for females shall be covered; each lavatory on the premises having running water under pressure shall be supplied with hot and cold water; and where the school premises do not have running water under pressure, the pupil shall be supplied with water for handwashing purposes from a container in an approved sanitary manner; each lavatory shall be supplied with hand-cleaning soap or detergent with a sanitary storage receptacle;” etc.  New schools (or renovated structures) would also be required to meet certain design standards – such as toilets and urinals would be required to be designed to be easily cleanable. 

Committee News 

House Health and Ecology Committee 

          The General Health Subcommittee of Health and Ecology met this afternoon with Chair Nikki Randall presiding.  This Subcommittee handled two pieces of legislation.  Now both of these pieces of legislation will move to the full Committee for its review. 

House Appropriations Committee – Department of Community Health Subcommittee 

          This afternoon, the Department of Community Health Subcommittee of the House Appropriations Committee met to hear more from Commissioner Gary Redding on the FY 2004 Budget.  This Subcommittee will hear public comment on Thursday afternoon.  A few questions were posed to Commissioner Redding.  With the dollars not readily available, it is highly unlikely that there will be any enhancements to the Budget.