Today was Hospital Day at the Capitol.  A number of CEOs and assistant administrators from hospitals around the State converged on the Capitol to talk with Legislators about the Medicaid Budget and tort reform issues and to share that their medical malpractice insurance premiums are skyrocketing. 

          Both the Senate and House worked long into the day today.  The Senate discussed SB 53, Sen. Cheeks' abortion bill, which requires informed consent and for women to wait 24 hours once they receive information on the procedure and its risks before following through with the procedure.  Sen. Mary Squires attempted to pass a Floor Substitute which would have required informed consent for all procedures for both men and women.  Georgia already has an informed consent law on its books.  The Senate also passed ethics reform legislation after lengthy discussions. 

          Meanwhile, the House took up water issues.  

          Rumors are circulating that the General Assembly will work through next Thursday, March 6, giving the Senate enough time to pass the Supplemental FY 2003 Budget, and then adjourning a week or two in order to take more time to pore over the FY 2004 Budget.  Currently, there are an additional $400 million in cuts to programs for the FY 2004 Budget necessary due to the decline in State revenues unless the cigarette tax passes.  House members do not wish to gut that many programs so efforts are underway to help find alternatives to this problem.  

Newly Introduced Legislation 

HB 526 – Reps. Channell, Shaw, and Buck have proposed amending Chapter 8 of Title 31 to enact the Nursing Home Provider Fee Act.   It allows the Department of Community Health to assess a provider fee in an amount determined each month when multiplied by non-Medicare reimbursed patient days, resulting in revenues not to exceed 6% of gross revenues of non-Medicare reimbursed services.  Such fees would be paid by the nursing home on a quarterly basis and would be due on the 30^th day following the end or each calendar quarter.  If a state plan that incorporates the provisions of this article becomes effective in one calendar quarter, but such state plan is not approved by the United States Secretary of Health and Human Services and implemented until a subsequent quarter, all accrued but unpaid provider fees from any prior quarter shall be paid to the Department by lump sum payment within 45 days after the implementation of such state plan.  No nursing home will be guaranteed that any additional monies paid to the nursing home will equal or exceed the amount of its provider fee.

If there is no federal financial participation, then this would not apply.  If the nursing home fails to pay these providers fees, there are penalties assessed of 6% plus the maximum allowable interest for each month or fraction thereof that the payment is overdue.  There are also provisions for civil remedies if such are not paid.  No nursing home can list the provider fee as a separate charge on a patient's billing statement. It will be reported as an allowable cost for Medicaid reimbursement.  This act has a sunset provision of June 30, 2005. This bill was assigned to the House Appropriations Committee. 

HB 530 – Rep. Royal, Sims and Borders authored this proposal to change the amount and method of computing insurance premium taxes in O.C.G.A. § 33-8-4.  This requires all foreign, alien, and domestic insurance companies doing business in Georgia to pay a tax of 2.25% upon its gross direct premiums received.  The tax would be levied from January 1 to December 31.  It would be imposed on gross premiums received from direct writings without any deductions allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind – provided that deductions shall be allowed for premiums returned on change of rate or cancelled policies and that deductions may be permitted for return premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders and not reapplied as premium for additional or extended life insurance.  Gross direct premiums does not include annuity considerations.  This was referred to the House Ways and Means Committee. 

HB 534 – Rep. Royal and others offered this amendment to incorporate federal law into Georgia law relating to the Internal Revenue Code of 1986.  This is partly so that Georgia law shall have the same meaning when used in a comparable provision or context.  This amends Title 48 of the Code.  This was assigned to the House Ways and Means Committee. 

HB 536 – Rep. Royal has proposed this amendment to O.C.G.A. § 48-7-56 which requires that income tax returns be filed with the Commissioner on or before April 15 of each year, except that in the case of a taxpayer using a fiscal year the return shall be filed on or before the fifteenth day of the fourth month after the close of the fiscal year.  His amendment proposes that if the taxpayer files by electronic means, then the payment dates with respect to those returns be allowed to be filed with extended dates.  "However, in the case a taxpayer's return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2002, because the taxpayer has electronically filed returns, the date the return shall be filed shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2002."  This too was assigned to the House Ways and Means Committee. 

HB 537 – Rep. Royal and others have offered this proposal amending O.C.G.A. § 33-1-18(b)(3) concerning housing tax credits.  It now states that "in no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's tax liability under Code Sections 33-5-31, 33-8-4, and 33-40-5.  Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability.  No such tax credit shall be allowed the taxpayer against prior years' tax liability."  This bill was forwarded to the House Ways and Means Committee. 

HB 538 – Rep. Parrish has proposed amending O.C.G.A. § 48-4-42 so that redemption of property sold for taxes be changed.  This would relate to sales made after July 1, 2003 (it is now 2002).  The rate would be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus any taxes paid on the property by the purchaser after the sale for taxes, plus any special assessments on the property, plus a premium of 10% (it is now 20%) of the amount for the first year or fraction of that year (rather than "a" year) which has elapsed between the date of the sale and the date on which the redemption payment is made.  (Current law also added 10% for each year or fraction of a year thereafter.)  This was sent to the House Ways and Means Committee. 

HB 539 – Rep. Harbin proposes to amend O.C.G.A. § 33-28-3(d)(1) concerning non-forfeiture provisions for individual deferred annuities.  This changes the rate from 3% to 1 ½%.  There is a three year sunset provision so that this would cease on July 1, 2005.  This mirrors a Senate bill on the same subject.  This bill was forwarded to the House Insurance Committee. 

HB 542 – Rep. Richardson and others propose to amend O.C.G.A. § 48-8-3(75) exemptions in the Tax Code so that the sales tax holiday would begin at 12:01 a.m. on July 31, 2003 until midnight on August 3, 2003.  It would allow as covered items those items primarily intended for use as athletic or sporting gear (currently those are exempted).  (It would still allow clothing and footwear of $100 or less per article.)  Also, it would allow such tax exemption apply to a single purchase with a sales price of $1500 or less of personal computers and personal computer related accessories 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.  It also extends this tax exemption to sales prices of $20 per item of pens, pencils, notebooks, paper, book bags, calculators, dictionaries, thesauruses, and children's books and books listed on approved school reading lists for pre-kindergarten through twelfth grade.  This measure was sent to the House Ways and Means Committee. 

HB 543 – Rep. Thompson and others authored this Tax Code amendment to provide for an income tax credit for qualified home improvement expenses.  Such qualified home improvement expense means "the expenditure of funds by the taxpayer in connection with home improvement of a single-family residence owned and occupied by the taxpayer which is located in a community improvement district created pursuant to Article IX, Section VII of the Constitution or within one-half mile of the boundary of such community improvement district."   This credit would not exceed $1,000.  This was sent to the House Ways and Means Committee. 

HB 545 – Rep. Parrish proposed to add a new Code Section at O.C.G.A. § 48-13-50.2 concerning excise taxes on rooms, lodging, and accommodations.  It defines certain authorities.  This was referred to the House Ways and Means Committee. 

HB 549 – Reps. O'Neal and Richardson have co-authored this bill so as to repeal Chapter 18 of Title 48.  This is the Chapter relating to imposition of state insurance premium tax credits applied to certified capital companies.  The bill was assigned to the House Ways and Means Committee. 

HB 550 – Reps. O'Neal and Richardson have dropped this bill amending O.C.G.A. § 50-5-77 concerning general authority, duties, and procedure regarding state purchasing. It provides for multi-year lease, purchase, or lease purchase contracts with respect to benefits-based funding projects.  The benefits-based funding project means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits-based funding project has a specific structure (as defined in the bill – for instance, the vendor must promise or accept the condition that the improvements will generate actual and quantifiable savings or enhanced revenues).  The bill provides for how such contracts can be terminated and renewed.  But, such contracts may not exceed 10 years. The agency's financial obligations under the contract are also limited so that it cannot exceed the savings or incremental revenue gains, as calculated using the measurement tool (which is a formula to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no savings or revenue growth or an increased expenditure or decline in revenue.  Baseline parameters must be defined based on historical costs or revenues for a minimum of one-year.  The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility and fiscal feasibility of the proposed project.)  The House Appropriations Committee will now hear this bill. 

HB 556 – Reps. Royal, Sims, and Borders have proposed adding O.C.G.A. § 48-3-29 so that the State's Revenue Commissioner could publish in the media or on the internet for public access any or all information regarding executions issued for the collection of any tax, fee, license, penalty, interest, or collection costs due to the State which are recorded on the public records of any county.   Further, this bill states that such dissemination of information does not constitute any unlawful disclosure.  This bill also provides for extended filing and payment dates with respect to tax returns which have been electronically filed.  See O.C.G.A. 48-7-56(a) and O.C.G.A. § 48-7-80.  The House Ways and Means Committee will review this legislation. 

HB 559 – Rep. Royal has authored this amendment to O.C.G.A. § 48-7-31.  This relates to a comprehensive revision of the allocation and apportionment formulas used to apportion income of corporations deriving income from business conducted both within Georgia and elsewhere.  This was referred to the House Ways and Means Committee for its review. 

HB 562 – Rep. Thompson and others have co-authored an amendment to the Tax Code found in O.C.G.A. § 48-7-27(e).  It now states that Georgia taxable net income shall not include any income of such taxpayer which is attributable directly to a capital gain (currently, these are taxed).  This would apply to individuals' tax returns.  Further, the bill goes on to amend O.C.G.A. § 48-7-31(f) so that Georgia taxable net income of a foreign or domestic corporation shall not include any income of such corporation which is attributable directly to a capital gain.  This would become effective on January 1, 2004 and apply to tax years beginning on or after that date, if passed.  The House Ways and Means Committee will review the bill. 

HB 563 – Rep. Ashe along with others proposed adding O.C.G.A. § 48-7-20.4 to allow a job tax credit with respect to qualified biotechnology businesses (such as those involving recombinant DNA techniques, biochemistry, molecular and cellular biology, etc.).  The credit would be $2,500 per job for those jobs paying more than $1,250 weekly gross salary and $3,000 for those paying more than $1,538 weekly gross salary.   The credit would be claimed for the first taxable year in which the new full-time job is created and for the four immediately succeeding taxable years.  The House Ways and Means Committee will review this legislation. 

HB 564 – Rep. Drenner and others have proposed an income tax credit for the purchase of a qualified premium energy efficient appliance for use in the taxpayer's residence.   This would apply to, with certain limitations: clothes washers, refrigerator/freezers, freezers, dishwashers, and water heaters.   The amount of the credit would be no more than 25% of the purchase price of the appliance.  This was forwarded to the House Ways and Means Committee. 

HB 566 – Rep. Ashe has proposed an amendment concerning the income tax credit for those businesses either establishing or relocating their headquarters.   It changes the definition of a full-time job to that "employment for an individual which is located at a headquarters, has a regular work week of 30 hours or more, and has no pre-determined end date."  Headquarters means the principal international, national, or regional central administrative office of a taxpayer where headquarters staff employees are located and employed and where the primary headquarters-related functions and services are performed.  These changes are inserted in O.C.G.A. §48-7-40.17.  The House Ways and Means Committee will now review this bill. 

HB 567 – Rep. Ashe has proposed adding O.C.G.A. § 48-8-3(37.1).  This would add another exemption to the state sales and use tax so that certain sales relating to biotechnology research, product development, or manufacturing would be exempt.  There is a definition for biotechnology included – such as that type of business as classified under the North American Industry Classification System codes such as codes 3254, 3251, 3391, 54171 and 6215.  The House Ways and Means Committee will undertake further study of this bill. 

HB 568 – Rep. Smyre has proposed O.C.G.A. § 45-7-10 so that salaries of officers and officials of state governments would be reduced by 10% below the amount otherwise in effect.  Such reduced salary would remain in effect until January 1, 2004.  It would apply to members of the General Assembly, constitutional officers, and other officials in O.C.G.A. § 45-7-4 but would not apply to Justices, judges, and district attorneys.  It would also apply to commissioners or heads of each executive branch department, agency or authority who is appointed by the Governor.  This bill was forwarded to the House Appropriations Committee. 

HB 570 – Rep. Bannister and others have proposed changes to the Subsequent Injury Trust Fund by adding a new Code Section at O.C.G.A. § 34-9-368.  Such fund would not reimburse an employer for a subsequent injury occurring after December 31, 2003.  Further, the fund would be dissolved after December 31, 2003 (once final payment of all claims were filed for subsequent injuries occurring prior to December 31, 2003).  This was referred to the House Industrial Relations Committee. 

HB 571 – Rep. Howard has proposed adding a new Code section in O.C.G.A. § 50-5-56.1 so that on and after July 1, 2003, no contract shall be let or entered into by the State or its agencies, departments, or authorities unless that contract contains a provision authorizing the Governor to reduce, by executive order, when he or she has declared that a budget emergency condition exists, the amount  of the State's obligation to pay under the contract by up to two percent of the total amount due under the contract.  A budget emergency would exist when the Governor declares by executive order that because current state revenue collections are significantly below the levels projected in the current fiscal year budget, such revenues for the fiscal year are not projected to be sufficient to meet the revenue projections on which such budget is based and as a result such a budget emergency condition exists.  The House Appropriations Committee will deal with this legislation.

HB 572 – Rep. Channell has authored this amendment to O.C.G.A. § 48-8-111.  It would require two public hearings prior to the imposition of a special county sales and use tax – one such hearing would be held between 6:00 p.m. and 7:00 p.m. on a business day.  The bill also specifies notice provisions concerning the hearings.  This was sent to the House Ways and Means Committee. 

HB 574 – Rep. Mills has proposed amending O.C.G.A. § 15-11-111 and O.C.G.A.. § 15-11-112 concerning notice to a parent or guardian of a child concerning an abortion on a non-emancipated minor.  The parent or guardian would have to show proof of identification and that he or she has been notified.  The House Judiciary Committee will now handle this proposal. 

HB 576 – Reps. Dodson, Shaw, and Harbin have proposed changes to effectiveness of certain rate filings with the Department of Insurance.   It specifically amends O.C.G.A. § 33-9-21(g) so that if a rate does not result in an overall increase or decrease of 5% or more, on a statewide average basis, and the insurer has not filed any rate filing within the preceding 12 months or if a rate filing combined with any other rate filing by the insurer within the preceding 12 months does not result in an overall increase or decrease of 5% or more on a statewide average basis, the rate filing shall become effective upon filing.  The Commissioner may suspend such rate filing, upon notice to the insurer and after a hearing, if it is found that such rate filing is unfairly discriminatory, is not actuarially supported, is based upon fictitious groupings, or is excessive.  The burden of demonstrating that such rate filing is unfairly discriminatory, is not actuarially supported, is based upon fictitious groupings, or is excessive shall be on the Commissioner.  An insurer may appeal these findings.  The House Insurance Committee has been referred this bill. 

HB 580 – Rep. Moraitakis and others dropped this bill changing the provisions relating to the selection of grand jurors.   It amends O.C.G.A. § 15-12-63 so that in the counties utilizing mechanical or electronic means for the selection of grand jurors, when the superior court is held for longer than one week, the presiding judge may draw concurrent panels of grand jurors from the electronic jury box for each week if, in the judge's opinion, the public interest requires it.  The bill was forwarded to the House Judiciary Committee. 

HB 581 – Rep. Powell and others have proposed amending the law known as the Georgia Motor Vehicle Franchise Practices Act.  Currently, administration of this act is done by the Department of Revenue.  This change proposes that such be overseen by the Department of Motor Vehicle Safety.  See the new provisions of O.C.G.A. § 10-1-665.   The House Motor Vehicles Committee will take a look at this proposal. 

HB 591 – Rep. Orrock and others dropped this bill proposing changes to employment security law as found in Chapter 8 of Title 34.   This provides that persons seeking part-time work are not disqualified from receiving benefits by that fact alone and it provides that certain persons may be unemployed through no fault of their own due to undue family hardship arising out of domestic violence or compelling family obligations, and are thus, ineligible for unemployment compensation.  The bill was forwarded to the House Industrial Relations Committee. 

HB 593 – Rep. Drenner and others have proposed the creation of a prestige license plate to honor the AIDS Survival Project by adding a new Code section O.C.G.A. § 40-2-86.9.  The House Motor Vehicles Committee will look at this bill. 

HB 595 – Rep. Teper and others proposed creating the War on Terrorism Local Assistance Act in Chapter 23 of Title 36.  In each county a public safety and judicial facilities authority would be created.  The House Public Safety Committee will address this measure. 

HB 598 – Rep. Harbin and others have proposed a new Section to be inserted as O.C.G.A. § 33-1-9 so as to provide that persons who, as an agent or representative, solicit, negotiate, procure, or effectuate insurance coverage on behalf of an insurer who is not authorized to do business in Georgia or take certain actions with regard to such insurance are committing insurance fraud.  This expands current law which includes things such as receiving money for the purchasing of insurance and converting such money to the person's own benefit; issuing fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; etc.  The House Insurance Committee will take up this bill. 

HB 613 – Rep. Campbell has proposed amending O.C.G.A. § 40-6-222 concerning parking for persons with disabilities and conditions under which a parking permit may be issued to an institution transporting one or more persons with disabilities.   It includes that such can be provided to an institution owned by the government or operated by a senior citizens center or a church which is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986 as amended which on a regular basis operates a vehicle transporting one or more persons with disabilities. 

HB 617 – Rep. Graves and others have dropped this amendment relating to the licensure of clinical perfusionists (who operate the heart and lung machines during open heart surgery).  Such provisional license would be valid for two years (rather than one year) from the date issued and may not be renewed (currently such can be renewed).  The provisional licensee must comply with all the requirements for license under O.C.G.A. § 43-34-173 prior to the expiration of the two-year provisional license period.  A provisional licensee may submit an application for licensure as a licensed clinical perfusionist once he or she has complied with all of the requirements for licensure.  Failure to do so will have the provisional license automatically revoked. 

HB 619 – Rep. Harbin and Maddox authored this bill providing for the issuance of group accident and sickness insurance under a franchise group plan.  It also has provisions for conversion, portability, and continuation.  A franchise group plan policy or certificate of coverage issued on an individual basis to a member of a franchise association would be provided for in O.C.G.A. § 33-30-1.  It defines "franchise association" as "an association that is made up of individual members and that: 1) has been actively in existence for at least three years; 2) has been formed and maintained in good faith for purposes other than obtaining insurance; 3) does not condition membership in the association on any health status related factor relating to an individual member; 4) allows any member of the association to apply for insurance offered through the association with the understanding that the insurer makes the determination as to acceptability for coverage based upon the insurer's underwriting criteria; and 5) does not make health insurance coverage offered through the association available other than in connection with the membership in the association." "Franchise group plan" is defined as a form of group accident and sickness insurance whereby an insurer issues a master policy to a franchise association for the benefit of individual members of such association." 

HB 625 – Rep. Marin and others have proposed providing temporary permits for foreign-born professional counselors for whom English is a second language to practice as professional counselors if that person possesses a license to practice as a professional counselor in a foreign country and has practiced professionally in that country; speaks and writes English as a second language; and meets the education, experience, and training requirements in O.C.G.A. § 43-10A-11.  The temporary permit would be valid for two years or until a license is issued.  It would not be renewable.  The person would also be required to practice under the direction and supervision of a supervisor as found in O.C.G.A. § 43-10A-3(16). 

HB 628 – Rep. Hugley and others proposed these changes to "GORRC," the Georgia Occupational Regulation Review Council.  This group oversees the evaluation of businesses and professions.  This is found in Chapter 1A of Title 43.  It changes the composition of the Council – currently it has 10 members; this would bring it to at least 13 members and would include representatives from the Departments of Insurance and Community Health (currently not represented).  The chairperson of the legislative committee of reference may refer a bill to license or certify a profession or business to this council – but is not required to do so.  Currently, the council reviews all bills introduced by the General Assembly to license or certify a profession or business.  If the bill is referred, then the GORRC would conduct an evaluation and make a formal report outlining appropriate action based upon the evaluation.  The Council would review legislation based on certain factors such as whether the business is an unregulated business or profession and poses a potential economic, physical, or other type of harm to the health, safety, and welfare of Georgians, etc  The Council may request information.  It can also request information demonstrating that alternatives to regulation have been considered.  It can seek information as to how the business or profession is regulated in other states.  The bill removes the requirements designating the circumstances in which regulation should be implemented. 

HR 258 – Reps. Stanley-Turner and others have proposed a Resolution proposing a Constitutional amendment to Article VII, Section IIA by adding a new Paragraph II: 

"Alternative uses.  The General Assembly may provide by general or local law for alternative uses of the homeowner relief grants from the homeowner's incentive adjustment provided for in Paragraph I of this section.  Such uses may include circuit breaker programs in which such tax relief is focused on the most needy homeowners in the county or municipality." 

The House Ways and Means Committee will hear this Resolution. 

HR 261 – Reps. Royal, Sims, and Borders have proposed the creation of the House Study Committee on Sales and Use tax Simplification.   Simplification of the sales tax system so that remote vendors could collect and remit a sales tax would relieve Georgia consumers of the burden of registering and filing returns and remittances for the use tax on out-of-state purchases.  This study would also look at sales made via the Internet and catalogues on which no sales or use tax is collected.  The study would look at lost revenues on such. This Study Committee would be comprised of eight members appointed by the Speaker – it would include representatives from the Georgia Municipal Association, Association of County Commissioners of Georgia, Georgia Electronic Commerce Association, Georgia Food Industry Association, Georgia Retail Association, International Council of Shopping Centers-Georgia Chapter, and Department of Revenue.  This Study Committee would gather its information and make a report on or before December 1, 2003 (it would include suggestions for legislation, etc.).  This was referred to the House Rules Committee. 

HR 263 – Rep. Bannister and others have authored this Resolution creating the Subsequent Injury Trust Fund Joint Study Committee which would be composed of 12 members.  Appointments would be made as follows:  three by the House Chair of the House Industrial Relations Committee; three by the Senate Chair of the Insurance and Labor Committee; three members by the Speaker representing the insurance industry, organized labor, and the business community; and three by the Lt. Governor representing the legal profession, self-insured employers, and the general public.  This Committee would look at the changes to the federal Americans with Disabilities Act to see if this Subsequent Injury Trust Fund needs to exist.  A report would be prepared on and submitted on or before December 1, 2003.  This was forwarded to the House Rules Committee. 

HR 264 – Rep. Day and others have proposed the creation of the Joint Budgetary Tracking and Forfeiture Tracking Study Committee.  This evolves as a result of a budgetary crisis in the State.  Such Committee would be composed of six members appointed as follows:  three by the Speaker and three by the Senate Committee on Assignments.  It would undertake a study and report back findings relating to property forfeitures under state and federal drug laws.  This report would be due on or before December 1, 2003.  This was sent to the House Rules Committee. 

SB 186 – Sens. Hamrick and Smith have proposed enacting the Abandoned Child Protection Act of 2003.  It amends current law concerning the abandonment of a spouse or a child so that if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, except as provided in the Safe Place for Newborns Act of 2002, then he or she would be guilty of a felony (current law is a misdemeanor).  This bill was sent to the Senate Judiciary Committee. 

SB 187 – Sens. Hamrick, Smith, and Mullis have offered the enactment of the Terrorism Prevention Act of 2003 which would be inserted in Title 35.  It also establishes the Organized Crime and Terrorism Prevention Council of the State of Georgia (currently, Georgia has an Organized Crime Prevention Council) as established in O.C.G.A. § 35-7-1.  This was forwarded to the Senate Public Safety and Homeland Security Committee. 

SB 190 – Sen. Thomas and other have proposed changing laws relating to testing prior to marriage.   This proposes to repeal O.C.G.A. § 19-3-40 which requires persons to get blood tests prior to getting a marriage license.  This is the serological testing for syphilis.  This was referred to the Senate Health and Human Services Committee. 

SB 191 – Sens. Thomas, Cheeks, Seabaugh, Johnson, and Gillis have authored an amendment to O.C.G.A. § 49-4-145 so as to amend the time limitations on claims for Medicaid assistance.  This will help hospitals file for Medicaid in order to get paid for treatment and care rendered to a patient when they are waiting a determination for determination of third parties liable for those claims.  Specifically, paragraph (b) states:  "when medical care is rendered by a medical assistance provider to a medical assistance recipient for care necessitated as a result of an accident, illness, or disability that arises under circumstances such that a third party may be legally liable for the injuries or illness that necessitated such medical treatment, the deadline for filing claims for medical assistance shall be extended to allow such provider to recover the cost of the care from the at fault third party.  In those instances where third parties may be legally liable for the medical condition which necessitated such treatment, the provider may withhold the filing of a claim for medical assistance until the earlier of: 1) ninety days from the date of the provider's receipt of a denial from the third party or other determination by the provider that the third party is not legally liable for the medical condition that necessitated the medical treatment provided to the recipient; 2) ninety days from the date of the provider's receipt of partial payment from the at fault third party; or 3) the end of the twenty-fourth month after the month in which the service is rendered."  This was forwarded to the Senate Health and Human Services Committee. 

SB 195 – Sens. Hall and others have proposed changing fees which Clerks of Superior Courts assess.   It takes out the date currently in the law for fees which are to be assessed (which is January 1, 2006) so that fees would continue on and after such date.  (This change comes in O.C.G.A. § 15-6-77(f)).  It further repeals O.C.G.A. § 15-6-97 which relates to the development and implementation of a state-wide automated information system.  The Senate Judiciary Committee will take up this proposal. 

SB 198 – Sen. Collins and others have proposed adding a new O.C.G.A. § 35-3-34.1 so that there would be national background checks performed on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities. Fees for such national background checks should not exceed $18 (the limit specified by federal law).  The Senate Children and Youth Committee will hear further on this bill. 

SB 211 – Sens. Adelman and Clay have proposed changes to Chapter 2 of Title 14 concerning business corporations so that a single written notice to two or more shareholders with the same address may be used under certain circumstances.  This specifically amends O.C.G.A. § 14-2-141. It also requires certain notice and contents be provided to shareholders in advance of a meeting to restate the articles of incorporation and provides that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan.  There are also revisions to mergers with subsidiaries. 

Committee Meetings 

          SB 138, Sen. Joey Brush's bill which would repeal the current motorcycle helmet law so that persons over the age of 21 would not be required to wear helmets, passed out of the Transportation Committee today.  Several entities testified, including ABATE–Georgia which is the motorcycle lobby; Children's Healthcare of Atlanta; Dr. Arthur Kellerman, a noted emergency room and trauma physician and Chairman of the Emergency Medicine Department at Emory University School of Medicine; and Tom Bauer with the Association of Occupational Therapists.  One lone dissenting vote was made; otherwise, the bill sailed out of Committee.  Sen. Brush has long been a proponent of the freedom to choose whether to wear helmets.  Sen. Steve Thompson, who formerly chaired this Committee, stated he was going to vote for the bill as he had not heard from the Medical Association of Georgia, the Georgia Hospital Association, or the health insurance industry on the bill.  

Senate Economic Development and Tourism Committee 

          This Committee held SB 131, which is a bill by Sen. Brush that allows the sale of sparklers.  There were a number of persons who testified against the bill – including a number of Emergency Medical Service technicians, the State Fire Marshal, the former Deputy Safety Fire Commissioner for Georgia, Safe Kids of Georgia, and Children's Healthcare of Atlanta. A House of Representatives' member from the State of Indiana spoke in favor of the bill – stating that this was his business and that he had passed similar laws in other states.  Testimony raised questions about the safe use of matches as well as other pastimes – such as baseball, skating, etc.

House Insurance Committee 

          The House Insurance Committee passed Rep. Channell's bill amending Georgia's current law on the timely payment of health insurance claims.  This bill, HB 259, would prohibit insurers who must pay interest on claims from applying payment of that interest to the lifetime caps on benefits under the policy.  The bill was engrossed so no changes were made.  It now moves to the House Rules Committee. 

          The Committee also passed HB 236 which Rep. Golick introduced so as to make fraud on insurance a RICO violation.  A pattern of conduct rather than one instance would need to be shown. 

          Chairman Lord assigned some legislation to Subcommittees.  HB 171 will be dealt with by Reps. Harbin, Watson, and Golick.  HB 539, HB 547, and HB 598 will be heard by Reps. Watson, Gardner, and Murphy. 

House Health and Human Services 

Last week, this Committee changed its name to mirror the name of that Committee in the Senate.  Today, a Health Professions Subcommittee met to deal with four pieces of legislation.  One of these was HB 261, the annual update to the pharmacy code which has a number of other provisions such as opioid treatments.  It was pulled.  

Senate Appropriations Committee

           The Senate Appropriations Committee met this afternoon in order to hear from various departments.