Legislators returned today for a full day of work.  They will take the remainder of the week to work on the Budget.  This was day 19 of the Session.  Legislators will reconvene on February 26, 2003.

Floor News 

The House took up HR 173 which proposes to adopt new rules governing the House. These changes were relatively minor. The name of the House Regulated Beverages Committee becomes the Regulated Industries Committee; its duties will be expanded to include legislation dealing with the state lottery.  It also makes the chairperson of the House Ethics Committee an ex-officio member of the House Judiciary Committee. These changes were passed by a vote of 168 to zero.  

The House also passed HB 53, regarding the Anatomical Gifts Advisory Board. It would require that a person who is a recipient of an organ or tissue transplant would also serve on this Board.  This is a sixteen-member volunteer board, which advises the Department of Human Resources in the regulation, promotion, and implementation of organ donation and storage programs. 

Legislators voted 161-10 in favor of HB 263, which seeks to alter the local contribution requirements for federally funded mass transportation programs within Georgia. State law mandates that counties and local governments match State and federal dollars at a rate of 10 percent of project cost in order to draw federal money for local mass transportation initiatives. The  local dollars are in turn matched by 10% with State funds.  The federal match is 80%.  Some smaller counties and cities find it difficult to make this 10 percent requirement. Even Atlanta, has difficulty achieving the 10%  match requirement.  The proposal in the bill would allow the Department of Transportation to increase the State’s match to 15%, if there are monies available, thus reducing the local match to only 5%.   This would still allow Georgia to get the 80% match of federal funds to help with mass transit needs. 

Newly Introduced Legislation

SR 154 – Sens. Johnson, Unterman, Adelman, and Levetan have co-authored this Resolution expressing support of Israel in its fight against terrorism.

SR 146 – Sen. Seabaugh proposed the creation of a Senate Study Committee on Educational Testing.  This Study is an effort to look at additional information and to make a determination as to whether it is advisable to streamline the testing requirements which Georgia currently has.  The State currently uses nationally norm-referenced tests in reading, math, science, and social studies in grades three, five, and eight.  There are criterion-referenced competency tests required in English and language arts, math, and reading annually in grades one through eight and in science and social studies in grades three through eight.  Writing assessments are conducted in grades three, five, eight and eleven.  A curriculum-based assessment is conducted in grade eleven, for graduation purposes.  This Senate Committee would be composed of five members of the Senate and would be appointed by the Senate Committee on Assignments. 

SR 158 – Sens. Thomas, Levetan, Mullis, Hamrick, Balfour and others have proposed to recognize February 21, 2003 as “Breathe Georgia Day.” This is to acknowledge that more than 200,000 children in Georgia have been diagnosed with asthma – many cases are undiagnosed.    It is the most common, chronic childhood disease.  Children with asthma miss 540,000 school days in Georgia. 

SR 159 – Sen. Seabaugh proposed a Constitutional Amendment to Article III, Section IX, Paragraph VI (n): 

“the General Assembly shall provide by general law for the annual appropriation an amount equal to the total amount of proceeds collected pursuant to the statewide sales and use tax on motor fuel used for highway purposes imposed by the revenue laws of this state during the immediately preceding calendar year for local assistance road program purposes.  Funds appropriated for such purposes shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c) relative to the lapsing of funds.” 

SB 157 – Sens. Cheeks and Fort have co-authored an amendment to Title 16 which creates a new Chapter 17 and addresses payday lending, deferred presentment services, or advance cash services.  It proposes to make it unlawful for making loans of $1000 or less unless such person is: A) a financial institution as defined in Chapter 1 of Title 7; B) subject to article 13 of Chapter 1 of Title 7, the Georgia Residential Mortgage Act; C) a licensee under Chapter 3 of Title 7; or D) a credit card bank or domestic lender under Chapter 5 of Title 7; or such loans are lawful under the terms of A) Article 1 of Chapter 1 of Title 10; B) Article 2 of Chapter 1 of Title 10; or C) Part 5 of Article 3 of Chapter 12 of Title 44.  Violations are considered to be felony charges with imprisonment and/or fines not to exceed $1000 for each proven unlawful loan transaction which a part of the offense.  Civil actions may also be brought.  The person making the violation shall be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. 

SB 164 – Sen. Golden and others have proposed an amendment to O.C.G.A. § 34-8-156 in an effort to amend the tax rate and reserve-wide ratio. 

SB 168 – Sens. Lee, Stephens, and Crotts have authored another Title 21 and Title 45 change in an effort to provide for comprehensive ethics reforms.   Here are some of the bill’s many proposed changes: 

·        The first change is the definition of business entity in O.C.G.A. § 21-5-3(1): “any corporation, sole proprietorship, partnership, limited partnership, limited liability company, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit.”  Previously, the law did not reference “limited liability company.”

·        It also defines “connected organization” as “any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this chapter, but which directly or indirectly establishes or administers a political action committee or which provides more than 40% of the funds of the political action committee for a calendar year.” 

·        The bill rewrites current law in O.C.G.A. § 21-5-6 and 21-5-6.1.   These sections deal with the powers and duties of the State Ethics Commission.  The Secretary of State will no longer perform ministerial functions for the Commission and it will no longer be the designated place where members of the public may file papers or correspond with the Commission and receive any form or instruction from the Commission.  Currently, the Secretary of State has a designee which serves as secretary to the Commission. 

·        In O.C.G.A. § 21-5-6.1, it allows the Attorney General to bring civil actions for the enforcement of Part 2 of Article 1 of Chapter 10 of Title 45. 

·        When the Commission determines that a complaint relates to a technical defect in a filing,  the subject of the complaint would be given a period of 30 (rather than 10) days to correct the alleged technical defect.  During this 30 day period, the complaint shall be considered as received by the Commission but not yet filed.  If during this 30 day period the alleged technical violation is cured by an amended filing or otherwise, or if during the 30 day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed. 

·        Rather than registering the name of the chair and treasurer of a campaign committee with the Secretary of State, this would be done with the Commission (prior to accepting contributions).  This change comes in O.C.G.A. § 21-5-30. 

·        It raises the fine from $5,000 to $10,000 for any person found making a contribution to a candidate for the Public Service Commission when that person is acting on behalf of a public utility corporation which is regulated by the Public Service Commission.

·        It proposes that when a contribution or contributions totaling less than $101.00 have previously been made to a candidate or campaign committee by a contributor and a contribution or contributions subsequently become reportable due to the receipt of an additional contribution or contributions from that contributor which, when combined with such previously received contribution or contributions cumulatively exceed $101.00, all such contributions shall be reported as one aggregated contribution on the next regular report scheduled to be filed after the receipt by the candidate or campaign committee of the contribution which increases the total amount of contributions from such contributor to $101.00 or more.  This paragraph “shall be construed so as to relieve a candidate or campaign committee from the obligation of having to file amendments to previously filed reports to report contributions less than $101.00 which were not previously separately reportable but which have subsequently become separately reportable by virtue of the receipt of an additional contribution or contributions.”

·        It allows candidates or campaign committees to continue to accept contributions to satisfy the net debts outstanding from any election in an election cycle – if the candidate’s funds or campaign committee’s funds are insufficient to pay the debts.  Net debts outstanding are the total amount of unpaid debts and obligations incurred with respect to an election, including the estimated cost of raising funds to liquidate debts incurred with respect to the election, and including any costs incurred in connection with winding down the campaign from such election, including office space rental, staff salaries, and office supplies less the sum of total cash on hand and amounts owed to the candidate or campaign committee in the form of credits, refunds of deposits, returns, or receivables or a commercially reasonable amount based on the collectability of those credits, refunds, returns, or receivables.

·        The General Assembly and Statewide office holders would be required to file financial disclosure reports electronically as of January 1, 2004.

·        There are ‘whistleblower’ provisions so that if a public employee reports a violation of the law, rule or regulation of his or her public employer, then that employer could not retaliate against the employee.  This is found in O.C.G.A. § 45-1-4. 

SB 170 – Sens. Jackson and Dean have co-authored this bill enacting the “Georgia Independence Plus Act,” which would be enacted in a new Chapter 6A of Title 49.   This provides for the establishment of a consumer or family directed care program through the Department of Human Resources and Department of Community Health. This would assist recipients of in-home and community based services and would allow them to select the services they need and the providers that they wish to use.  The program would be jointly implemented by the Department of Human Resources and the Department of Community Health, with federal program approval.  The consumer would receive an annual budget allowance, based on the results of his or her assessed functional needs and the financial resources of the program.  The Departments would develop purchasing guidelines to assist consumers.  The consumer would use his or her budget to pay for home and community based services that meet the consumer’s long-term care needs and are a cost-efficient use of the funds (these include personal services such as supplying adaptive devices to aid independence or assistance with bathing, dressing, grooming, homemaking services, household chores, meals, shopping, transportation, home modifications, self administered medication, respite care, employment training, or other day support services and counseling in self-directed care).  These providers can be a consumer’s neighbor, friend, or relative to the extent allowed under federal Medicaid funding regulations.  The Departments have defined roles and responsibilities:  1) assessing each consumer’s functional needs, helping to develop the service plan, and providing ongoing assistance with the service plan; 2) offering the services of counselors who shall provide training, technical assistance, and support to the consumer; 3) completing the background screening of providers; 4) approving fiscal intermediaries; and 5) establishing the minimum qualifications for all providers and being the final arbiter of the fitness of any individual to be a provider.  The Departments would reimburse consumers for any background screenings required.  The bill would require that the Departments assess the implementation of the consumer directed care and submit a written report to the General Assembly no later than December 1 of each year.  Additionally, in O.C.G.A. § 49-6A-13, it proposes that the Departments would be required to report to the Governor and General Assembly a plan to reduce the number of nursing home beds purchased by Medicaid dollars and to replace such nursing home care with care provided in less costly alternative settings. 

SB 171 – Sen. Levetan and others have proposed a bipartisan bill amending Article 2 of Chapter 8 of Title 31 concerning hospital care for non-resident indigents.  It specifically adds O.C.G.A. § 31-8-32(d.1): 

“(1) In the event payment for the costs of services rendered by a hospital is not received from the responsible county governing authority within 90 days of receipt of a statement for services rendered to a qualified indigent who is a certified resident of the county or if the payment is disputed and said payment is not received from the county determined to be responsible within 60 days of the date of exhaustion of all administrative and legal remedies, the hospital shall certify to the Comptroller General the amount owed by the county.
(2) The Comptroller General shall have no longer than 45 days from the date of receiving the hospital’s certified notice to forward the amount delinquent to the appropriate hospital from any funds due to the county under any revenue-sharing or tax-sharing fund established by the state, except as otherwise provided by the state Constitution. The Comptroller General shall provide the Governor and the Appropriations Committees in the House of Representatives and the Senate with a quarterly accounting of the amounts certified by hospitals as owed by counties and the amount paid to hospitals out of any revenue-sharing or tax-sharing funds due to the county.” 

This Section of the code deals with ‘determination of indigency.’  The Department of Human Resources’ Commissioner is charged with adopting a statewide standard to determine indigency.  Such shall be based upon similar standards adopted for the purposes of determining the ability to pay of patients receiving services in state.  Current state law, as found in subparagraph (d) of this Code Section states: 

“If the health care advisory officer of a county fails to respond to a request for a determination of indigency from a hospital providing healthcare for such patient within the time limitation provided by subsection (c) of this Code section, the county of residence of the patient shall be liable for the payment of cost of care of such patient.  In such event, the hospital providing healthcare for the nonresident patient may bill the county of residence of the patient for the amount of his cost of care, and it shall be the duty of the governing authority of such county to pay the hospital the amount billed.” 

This new language appears to give deadlines to the counties which are receiving these billed services. 

HB 442 – Rep. Holmes and others have authored this bill so as to prohibit the use of mercury amalgam fillings by a dentist when patients are under 18 years of age, in females under 45, or in women who are pregnant.  If the dentist does use such types of filings, then he or she must inform the patient.  These changes are inserted with a new Code Section at 43-11-23. 

HB 454 – Rep. Powell and others have introduced this amendment to O.C.G.A. § 48-7-27 by adding a new paragraph (12).  It provides that an individual taxpayer shall not include an amount equal to the amount expended by the taxpayer for premiums for health insurance for a qualifying family member.    A qualifying family member is defined as the taxpayer or an individual who is related to the taxpayer by blood, marriage or adoption.  There are exceptions to this proposal such as this deduction would not apply to individuals who deduct their health insurance premium costs as a business expense; individuals whose employers pays the total cost of the individual’s health insurance premium or dependent’s premium; or self-employed individuals who receive an allowable deduction for health insurance premium costs. 

HB 456 – Reps. Buck, Channell, Parrish, and Brooks have proposed changes to the Georgia Distance Learning and Telemedicine Act of 1992.  This change relates to the use of funds in the Universal Service Fund.  For a period of three years after July 1, 2003, funds available in the Universal Service Fund may be used for any lawful purpose that promotes or supports enterprise information technology needs, including purposes unrelated to the creation, operation, administration or maintenance of a distance learning and telemedicine network. 

HB 458 – Rep. Casas and others have proposed creating Article 6 of Chapter 13 of Title 45 in order to create in the office of the Secretary of State the position of director of protocol and international affairs.  This person would have a number of duties; some are listed below: 

1) serve as Georgia’s designated person for the enhancement and coordination of foreign affairs and diplomacy;

2) foster global relationships, provide a world class support system for Georgia’s international activities, promote international cultural and educational exchanges, and encourage international economic development;

3) ensure that Georgia remains competitive in the global economy by its use of diplomatic, educational, and cultural tools;

4) offer leadership, coordination, and direction to Georgia’s citizens and international counterparts;

          5) assist with development of consular and diplomatic programs;

6) serve as Georgia’s international contact for the Georgia congressional delegation and federal agencies; and

7) assist in customs clearance for consular corps, for diplomats, and for foreign dignitaries. 

HB 465 – Rep. Jamieson has authored this Tax Code provision amending O.C.G.A. § 48-7-103.  It would raise the amount from $200 to $1000 (the monthly thresholds) for when employers would be required to report and remit payment to the Department of Revenue.  The same timing applies  - so that those where taxes withheld is less than $1000 per month would do so on or before the last day of the month following the end of the quarter and those withholding more than $1000 would be required to make the filings on or before the 15^th day of the following month – provided, however that the commissioner shall be authorized to promulgate rules and regulations permitting the filing of returns on a quarterly basis. 

HB 466 – Reps. Smith and others have proposed an amendment to Article 3 of Chapter 11 of Title 15 concerning parental notification.  It requires that proper identification be: any document issued by a governmental agency containing a description of the person, the person’s photograph, or both, including, but not limited to, a driver’s license, an identification card authorized under Code Sections 40-5-100 through 40-5-104 or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Naturalization Service.  Such identification would be required to be presented in order for a physician to perform an abortion.  If a minor (someone under 18) seeks an abortion, then she must be accompanied by a parent or guardian (previously it could also be a person standing in loco parentis) who shall show this proper identification. 

HB 467 – Rep. Stanley-Turner has co-authored with others this amendment to Title 50 dealing with open meetings and records.  This is to help prevent disclosure of records which would compromise security against sabotage or criminal or terrorist acts and such non-disclosure would protect the life, safety, or public property. 

HB 468 – Rep. Jamieson has proposed an amendment to O.C.G.A. § 48-7-120 relating to failure to pay estimated income taxes.    It changes the methodology of calculating the underpayment amounts: 

“(b) Amount of underpayment. For purposes of subsection (a) of this Code section, the amount of the underpayment shall be the lesser of the excess of paragraph (1) or paragraph (2) of this subsection over paragraph (3) of this subsection when those paragraphs are as follows:
(1) The amount of the installment required to be paid if the estimated tax were equal to 70 percent (66 2/3 percent in the case of individuals referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing) of the tax shown on the return for the taxable year or, if no return was filed, 70 percent (66 2/3 percent in the case of individuals referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing) of the tax for the year;
(2) The amount of the installment required to be paid if the estimated tax were equal to 100 percent of the tax shown on the return for the preceding taxable year, as long as the preceding taxable year was a taxable year of 12 months, and a tax return was filed for such preceding taxable year; and
(3) Any amount of the installment paid on or before the last date prescribed for payment.” 

HB 469 – Rep. Jamieson has proposed another Tax bill.  This increases the time within which certain income tax refunds may be claimed.  It amends specifically O.C.G.A. § 48-2-35(b)(1) – a “claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after: i) the date of the payment of the tax or fee to the commissioner; or ii) in the case of income taxes, the later of the date of the payment of the tax or fee to the commissioner or the due date for filing the applicable income tax return, including any extensions which have been granted. 

HB 472 – Rep. Powell with others have offered an amendment to O.C.G.A. § 43-17-3.1. This relates to solicitors used by charitable organizations which solicit contributions on behalf of such organizations.  The bill proposes that solicitors’ registration, which must be done through the Secretary of State, be done every other year - rather than annually with renewals of two years.   Registration fees were $50; this language proposes a reduction to $25.  Additionally, the two-year renewal fee would be reduced from $50 to $25. Also, if the solicitor agent is soliciting a contribution of used personal property, then disclosure required by current law must be made at any point during or after the solicitation (see O.C.G.A.§ 43-17-8(b)).  The bill has been referred to the House Governmental Affairs Committee. 

HR 236 – Rep. McCall and others have commended first responders, emergency medical technicians, cardiac technicians and paramedics in Georgia with the Emergency Medical Services Recognition Day. 

Committee News 

          The House Agriculture and Consumer Affairs Committee has passed a Substitute version to HB 347, the extensive re-write to the Georgia Veterinary Practice Act.    This amends and updates provisions for licensing of veterinarians and regulation of the practice of veterinary medicine. 

          The House Human Relations and Aging Committee met and assigned two bills to Subcommittees.  HB 357 concerning the notice regarding a death was assigned to a Subcommittee chaired by Rep. Mable Thomas.  HB 318, which deals with adult day care licensing, was assigned to Rep. Hinson Moseley’s Subcommittee.  Finally, a group was named to be a Subcommittee to assist the Silver Haired Legislature.  This group will be comprised of Reps. Harrell, Thomas, Brown, Walker, and Dooley. 

          The House Department of Community Health Subcommittee of Appropriations met to discuss 2004 Budget recommendations.  There were a number of folks who testified.  

·        Linda Lowe testified about the need to continue PeachCare for Kids.  Cutting eligibility was not a wise idea; additionally, she pointed out that such would only enhance costs provided through emergency rooms where children had no insurance coverage.  Rep. Bobby Parham noted that PeachCare was one of the best programs passed by the Georgia General Assembly and recognized Rep. Mickey Channell’s efforts on developing the program.

·        Sylvia Caley asked the Subcommittee to look at ways in which low income wage earners who are State employees could participate in PeachCare.  This would also help with solving some annual costs of turnover of staff.  She encouraged looking at sliding scales in an effort to cover these employees.  She also asked the Subcommittee to look closely when the State Health Benefit Plan held back insurance premiums but raised costs of deductibles and co-pays.  Additionally, she asked that there be no restrictions placed on the pharmacy benefit.

·        Jimmy Lewis spoke on behalf of Hometown Health, an association of rural hospitals.  He stressed the problems facing rural hospitals.  65% of hospitals had operating losses.  The 10% provider cuts would be devastating.  Local subsidies for the hospitals are just not there.  He asked the Subcommittee to look at disease management programs much like the one being done in Dublin; to look at drugs which are destroyed on a monthly basis when not used; etc.  He asked a number of questions about what the State would do if hospitals closed and access to care was disrupted.

·        Stan Jones spoke on behalf of HCA, an owner of 14 hospitals and 9 ambulatory surgery centers around the State.  He told the Subcommittee hospitals were united in the dismay over the proposed 10% provider cuts.  HCA’s facilities would experience approximately a $6 million loss. 

·        Mary Frances Williams asked about ways in which to fund Powerline, a hotline for pregnant women needing access to healthcare.

·        Amy Hughes from Memorial Hospital in Savannah also asked that the Subcommittee look at the cuts which will disproportionately hurt those hospitals which provide the most services to Medicaid patients and the uninsured.  She told the Subcommittee that these cuts were hurting Georgia’s most vulnerable providers, which need to be protected.  She asked that it look at the Indigent Care Trust Fund for creative ways in which to fund the programs.

·        Pat Cota spoke on behalf of the OB/Gyn physicians.  They are most concerned about the cuts to physicians.  60% of all Georgia’s pregnancies are covered by Medicaid.  Georgia has moved up the scale on infant mortality.  These cuts will just exacerbate that problem. 

·        Beth Tumlin, Natalie’s Mom, also testified about Unlock the Waiting List dollars.  There are 30% cuts for room and board which are part of the Department’s austerity cuts.  Thus, it will be more expensive for persons as they will be forced into institutional care. 

Subcommittees were established to look at pharmacy and hospital issues. 

Other 

          Budget hearings and other Committees plan to meet during this interim.