In the Senate, there were eleven bills considered – four of these were dropped to the bottom of the Calendar and must proceed to the Rules Committee before being replaced on the Senate’s calendar. Those dropped bills included:

SB 395 – a bill relating to homestead exemption for the City of Austell;

SB 281 – a bill creating a prestige license plates recognizing registered nurses in order that proceeds from the sales of such plates may fund nursing student scholarships;

SB 100 – a bill dealing with Peace Officers’ Benefit fund; and

HB 498 – The Senate’s Substitute to Speaker Murphy’s bill which redesigns the functions and duties of the Community Service Boards and Regional Boards in their delivery of mental health, mental retardation and substance abuse services. It was believed that Sen. Eric Johnson wishes to offer a Floor Substitute in an effort to eliminate the Regional Boards as advisory committees. In the current bill, the Regional Boards duties are changed to provide more oversight functions.

The Senate did pass SB 406, Sen. Lamutt’s and Sen. Polak’s bill allowing public agencies the ability to sell geographic information systems’ information by a vote of 50 to zero without amendments. Also, it passed by a vote of 47 to zero HB 652, which creates the Health Care Work Force Shortage Act that will allow the collection of data concerning nurses and other allied healthcare professionals at the time of licensure and renewals.

On the other side of the hall, the House also had a number of bills it considered. Among those passed included HB 1443 and HB 1446, which both relate to sales taxes – the first pertaining to mobile telecommunications services and the second which redefines gross sales 169 to zero.

The bill which caused the greatest debate was HB 1128 concerning the waiver of sovereign immunity by cities and counties’ governments in motor vehicle liability matters. Rep. Tom Bordeaux presented HB 1128 to the House. The bill creates new subparagraphs (b) – (d) in O.C.G.A. § 33-24-51 and creates a new Chapter 92 in Title 36. Among the bill’s specific provisions as it came to the Floor:

"The sovereign immunity of local government entities for a loss arising out of claims for the negligent use of a covered motor vehicle is waived for a loss involving bodily injury or death to the extent of $500,000.00 for one person in any one occurrence, $1 million involving a loss with two or more persons in any one occurrence, and to the extent of $250,000.00 for a loss involving injury to or destruction of property per occurrence. Such waiver shall be increased to the extent that: (1) The governing body of the local governmental entity by resolution or ordinance voluntarily adopts a higher waiver; (2) The local government entity becomes a member of an inter-local risk management agency created pursuant to Chapter 85 of this title to the extent that coverage obtained exceeds the amount of the waiver set forth in this Code section; or
(3) The local government entity purchases commercial liability insurance in an amount in excess of the waiver set forth in this Code section."

There was great concern over the costs to cities which did not have liability insurance coverage. Many argued that the smaller communities around Georgia have such insurance coverage – it is the larger municipalities, such as Atlanta, which do not. Examples were given of incidents involving city-owned equipment which have caused great personal damage to individuals and costs associated with such. Some legislators fretted over whether this measure was just an attempt by trial lawyers to have a bigger pot of dollars in personal injury matters. Some even argued that perhaps punitive damages in general should be limited. Rep. Bordeaux argued that the bill goes to the heart of what a democracy is all about – protecting citizens. Rep. Ron Dodson was one of the Legislators opposing the measure.

The bill passed by a vote of 151 to 24 with an amendment which caps the amount of recovery at $500,000 and the law would be phased in over the next six years.

Additionally, the House passed out HB 1481 by Floor Substitute with a Floor amendment which deals with the final dispositions of dead bodies. This bill, an attempt to help address the atrocities occurring in Noble, Georgia with the crematory, passed by a vote of 173 to zero. This creates a felony crime for someone found to be guilty of mutilating, desecrating, throwing away or abandoning a human body or any body parts. There are exceptions for interment, entombment, burial at sea, or scattering of cremated ashes. There are also some exemption provisions in the bill for hospitals, labs, and other approved facilities. It also provides that crematories be licensed through the Secretary of State. This bill moves now to the Senate.

This afternoon, the Senate Appropriations Committee passed out its recommendations on the FY 2002 Supplemental Budget. As of ‘press time’ the tracking document was in short supply and only members of the Senate had been provided copies. More details on the Budget will be forthcoming – needless to say, with money in short supply, there were very few additions for new or expanded projects.

HB 1540 – Rep. Jackson along with others, authored this proposal to amend Article 3 of Chapter 2 of Title 20 in order that local boards of education shall have the authority to provide for a display of copies of the first sentence of the second paragraph of the Declaration of Independence, the Ten Commandments, the national motto, and the preamble to the Constitution of the State of Georgia in public schools. The bill has been referred to the House Education Committee.

HB 1558 – Rep. Borders has introduced this Bill amending the Tax Code to provide an exemption for certain local development authority projects which are the subject of an interstate competition to attract new or expanded industrial or business operations. This bill has been sent to the House Ways and Means Committee.

HB 1560 – Reps. Crawford, Parsons, Scheid, Bulloch, Barnard, and others have proposed a bill amending Part 1 of Article 4 of Chapter 12 of Title 45 to eliminate provisions relating to the annual continuation budget report and to provide for the periodic application of zero-base budgeting to the budget process. It would also require an analysis of Departments’ program objectives. The bill has been sent to the House Appropriations Committee.

HB 1564 – Reps. Johnson and others dropped this amendment to Title 48 pertaining to county and municipal taxes of hotel and motel and other lodging in order to provide for felony punishments for failure to pay. This has been forwarded to the House Ways and Means Committee.

HB 1565 – Rep. Byrd authored this Bill amending O.C.G.A. § 48-7-29 in order to change the definition of rural physician and rural hospital for the purposes of qualifying for income tax credits for rural physicians. This bill has been sent to the House Ways and Means Committee.

HB 1571 – Rep. Birdsong introduced this Bill amending Chapter 17 of Title 45 which provides that a notary public must have personal knowledge or evidence of the identity of the person whose signature he or she notarizes. This bill has been forwarded to the House Judiciary Committee.

HB 1575 – Rep. Davis and others introduced this Bill proposing an amendment to O.C.G.A. § 15-12-122 changing the monetary limit for a jury of 12 persons in state courts civil actions from $10,000 to $25,000.

HB 1580 – Rep. Smith and others offered this measure to amend Article 9 of Chapter 9 of Title 34 concerning the "Subsequent Injury Trust Fund" and the distribution of funds so that employers may not be reimbursed for subsequent injuries occurring after December 31, 2002. After such time, the fund would be dissolved.

HB 1581 – Reps. Walker, Skipper, Murphy, Bordeaux, and Holland have authored this amendment to Article 2 of Chapter 12 of Title 9 in an effort to change provisions relating to the binding effect of judgments. The new Code section would read at O.C.G.A. § 9-12-40:

"All existing or future judgments of courts of competent jurisdiction shall be conclusive as to any proceeding in which judgment has not yet been rendered between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered until the judgment is reversed or set aside notwithstanding the filing or pendency of an appeal, supersedeas, or other judicial decree suspending enforcement." If enacted, this would apply to judgments entered on or after that effective date.

HB 1582 – Rep. Walker along with others also introduced an amendment to Title 15 concerning the method in which superior courts maintain records. It would provide that a clerk keep an automated civil docket, index, or case management system for civil and criminal proceedings. Further, among the bill’s provisions is a requirement for a docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, executions, lis pendens, maps, and plats and all other documents concerning or evidencing title to real or personal property. When a law refers to the general execution docket, lis pendens docket, or attachment docket, such other law shall be deemed to refer to the docket or other record or records provided by these changes.

HB 1585 – Rep. Mobley has proposed this amendment to O.C.G.A. § 16-5-100 concerning cruelty to persons ages 65 and older in an effort to expand such additional harmful acts to also include such as depriving a person of healthcare or shelter in addition to the current law of necessary sustenance. It also adds that a hospice entity acting under direction of a physician and following a course of treatment developed in accordance with accepted medical standards would be exempt from such cruelty offense.

HB 1595 – Rep. Jackson has introduced this bill amending Chapter 1 of Title 43 concerning the "Georgia Volunteers in Health Care Specialties Act" so as to provide for an automatic repeal and expiration of licenses as of July 1, 2004 as well as to provide for the licensing of retired physicians.

HB 1599 – Rep. Wilkinson and others have provided this proposal to amend Chapter 12 of Title 31 in order to require that the Dept. of Human Resources prepare information about bacterial meningitis and to make that information available to schools in Georgia.

HR 1224 – Rep. Childers authored this Resolution designating the National Nutrition Month in Georgia.

HR 1231 – Rep. Manning’s introduced this Resolution recognizing February 26, 2002 as Chiropractic Appreciation Day in Georgia.

HR 1281 – Rep. Mobley has offered this Resolution to designate May as Stroke Awareness Month in Georgia.

SB 499 – Sens. Jackson, Cagle, and Williams have introduced this Bill pertaining to the admissibility of evidence of previous or future right of payments for economic losses and evidence of indemnification and subrogation of payments. It also would allow evidence of damages in personal suits against medical professionals. This bill has been forwarded to the Senate Judiciary Committee.

SB 501 – Sen. Jackson and others have offered this amendment to Chapter 11 of Title 31 concerning licensure and regulation of air ambulance service providers. The bill defines an "air ambulance" as a rotary or fixed wing aircraft used or intended to be used for the transportation of sick or injured persons who may need medical attention during transport. These service providers would be regulated by the Emergency Health Section of the Division of Public Health of the Department of Human Resources. The bill also requires that such air ambulance service providers to maintain insurance coverage. This has been sent to the Senate Veterans and Consumer Affairs Committee for review.

SB 505 – Sens. Brown, Haines, and Shafer have authored this amendment to O.C.G.A. § 33-6-5 so as to include the non-renewal of an entire line or class of business by an insurer unless the insurer demonstrates to the satisfaction of the Dept. of Insurance Commissioner that continuation of such business would violate the provisions of Title 33 or would be hazardous to policyholders or the public as an unfair trade practice or act.

SB 509 – Sens. Burton, Kemp, and Hill have authored this amendment proposal to O.C.G.A. § 50-5-131 so as to expand the definition for "minority" in minority business enterprise development" to include not only a person who is a member of a race which comprises less than 50% of the total population in the State but also a person who has a significant "permanent disabilities in one or more of the major life activities, including without limiation caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working as a result" of various impairments (such as autism, blindness, burn injuries, cancer, cerebral palsy, deafness, head injuries, mental retardation, paraplegia, quadriplegia, etc.).

The Senate hosted a number of meetings in the afternoon while the House had only a few due to the late hour that it adjourned.

The Senate Judiciary Committee passed out HB 360, authored by Rep. Judy Manning which proposes to enact the Safe Place for Newborns Act of 2002. The only amendment made to the bill was the change from 2001 to 2002 in the title of the act. This bill would allow a mother of an infant to leave "her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position; provided that the newborn child is no more than one week old and the mother shows proof of her identity, if available, to the person with whom the newborn is left and provides her name and address." The mother would not be prosecuted for such ‘abandonment’ if these criteria are met. This bill now moves to Senate Rules Committee for its consideration.

The Senate Judiciary Committee also took up SB 451 by Sen. Carol Jackson which proposes to make amendments to the hospital lien law. The lien would be against a cause of action and would not be against such injured person, legal representative, or other property or assets of such persons and shall not be evidence of such person’s failure to pay a debt. The bill also requires a hospital to provide written notice to the patient and to the best of the hospital’s knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient’s failure to pay a debt. One amendment was made to the bill that such lien shall be filed "no sooner than 15 days after the date of the written notice provided" with the court. Also, the clerk of the court must retain these hospital liens in a separate docket book. Questions were raised by the Georgia Hospital Association concerning the ‘perfection’ of these liens. Current case law states that a hospital may pursue a lien even if it is not filed within 30 days of the discharge of the patient – this bill basically states that the failure to "perfect" a lien shall invalidate it. Questions were raised whether perfecting includes the filing. The Committee passed out the bill with the minor amendment.

The House Health and Ecology Committee’s Subcommittee on Healthcare Facilities met this afternoon to discuss several items. It passed to the full Committee HB 1400, which proposes to change provisions for the transportation of the mentally ill between emergency receiving and evaluation facilities. The bill will allow other means of transportation rather than county sheriffs. This would allow, for instance, an elderly patient to be transported by a family member or by an ambulance rather than the sheriff and would allow that patient’s family to be billed for the transportation rather than the county. It is believed that this will only impact a few transportation cases. The bill also creates in separate code sections the requirement that a female patient must be transported with a female officer or alternatively her husband, father, adult brother, or adult son. The Georgia Alliance of Community Hospitals requested clarification on the payment which was agreed to by the Subcommittee.

It also passed out Reps. Unternman’s and Squires’ bill concerning hospital choice, HB 1089 and the dispute between St. Joseph’s and Northside Hospitals. The Consumer’s Insurance Advocate, Cathey Steinberg, testified at this meeting as her office had received a number of calls relating to women who have to drive past hospitals in order to get services at a facility which is covered by their insurance plans. General Counsel for St. Joseph’s Hospital cautioned the Subcommittee about the appropriateness of the legislation as litigation between the two facilities is pending. The Georgia Alliance of Community Hospitals, which includes Northside Hospital which the bill basically attacks, raised opposition to the bill stating that the Subcommittee should not place legislation between an arms’ length transaction (i.e. a contract between a health plan and a hospital). The Alliance argued that the bill was a step however in the direction of ‘any willing provider’ which was positive. However, the issue being addressed in the bill is not an issue any longer as Aetna and Northside came to terms with the exclusive hold over the market as Northside dominates delivery of babies and thereby holds insurers captive. Additionally, the Alliance asked the Subcommittee to hold the bill. Not heeding to requests by the Alliance, the Subcommittee passed the bill to the full Committee.

Rep. Sally Harrell presented HB 978, which would require in Title 31 that a child born in a hospital to a Medicaid recipient be provided, upon discharge, a Medicaid card. The bill also would require that the Department of Community Health establish procedures in order to ensure that a pregnant women who is a Medicaid recipient be provided information on selecting a primary care physician or pediatrician for her infant. There was further discussion about this bill, but it appears that it will not be pursued as the Department is working on such changes.

SB 408, which relates to the Employee Benefit Plan Council in Chapter 18 of Title 45 that allows employees of the Federal-State Shipping Point Inspection Service and the Georgia Firefighters’ Pension Fund to participate in the State’s flexible employee benefit play, has now crossed over to the House and is assigned to the House State Planning and Community Affairs Committee.

Also, SB 422 is now in the House. This bill relates to landlord tenant law and provides for the payment of rent to the landowner when transportable housing is foreclosed upon and is not removed within a certain time by the foreclosing entity. It is now in the House Judiciary Committee. Sen. Haines’ Constitutional Amendment has also crossed over to the House and been assigned to the House Judiciary Committee. This Resolution proposes to allow the Supreme Court to have jurisdiction over questions of law from any state appellate or federal court.