Greetings from the Gold Dome!  Aside from fisticuffs, which did not involve Legislators, on the third floor outside the Speaker's Office with predatory lending opponents, the day was fairly routine!   Capitol Police and State Patrol Officers were called to disburse the crowd outside the Speaker's Office.  Hopefully, the hot tempers will cool off over the weekend. 

Floor News 

          The Senate voted out SB 53 which requires a woman to wait 24 hours once she receives written information regarding an abortion procedure and its risks.  This is the "Woman's Right to Know Act."  An amendment placed on the bill on Thursday concerning rape and incest victims was removed.  The bill will now move to the House.  

Newly Introduced Legislation 

HB 594 – Rep. Teper has proposed changing Article 1 of Chapter 18 of Title 45 concerning the States employees' health insurance plan so that the Board of Community Health is authorized to contract with the community service boards for the inclusion in such plan of any person who retires as an employee of a community service board with at least 10 years of actual service and after attaining the age of 60 years.  This would be inserted as a new Code Section at O.C.G.A. § 45-18-7.8.  Each community service board would be liable for the entire amount due without regard to whether it has received the employee's share.  But it would be the duty of the community service board to collect such payment from its qualified retired employees and his or her dependents. 

HB 627 – Reps. Smith and Mosley have co-authored this amendment which adds a new Code Section at O.C.G.A. § 50-1-8 so that state government and state planning offices will be required to have publicly listed state telephone numbers and those must be answered by an attendant (a live human being) during normal business hours, Monday through Friday.  Further, it prohibits the use, during normal business hours, of a voice mail system when his or her telephone is functional and available for use – unless the voice mail system alerts the caller to and provides the caller with access to an attendant or such voice mail system automatically transfers the caller to an attendant. 

HB 631 – Rep. Bruce has authored a change to the statute of limitations for actions to collect on accounts for municipal utility service.  It states that such actions shall be brought within seven years after the right of action accrues.  This amendment is found in O.C.G.A. § 9-3-36. 

HB 632 – Rep. Snow and others have offered a new Code Section for O.C.G.A. § 38-3-22.1. concerning the organization and administration of the Georgia Emergency Management Agency.  This provides for state government safety plans for every state agency or authority except the Department of Public Safety, the Department of Corrections, and any other state agency which operates secured facilities.  The plans must address acts of terrorism as well as how to address such things as natural disasters, hazardous materials or radiological accidents or acts of violence.  The bill also exempts some records from public inspection or disclosure – these include site surveys, safety audits, and vulnerability assessments performed and other records which would endanger the life or physical safety of any person or persons or the physical safety of any public property. 

HB 633 – Reps. Mobley and Beasley-Teague have introduced a number of amendments to Title 34 which include prohibitions against sex discrimination in employment and other types of prohibitions concerning employment discrimination such as with membership in labor organizations based on sex, race, or national origin.  The bill also addresses prohibitions of discriminatory wage differentials.  Some of the bill's specifics include: 

"the General Assembly declares that the practice of discriminating on the basis of sex, race, or national origin by paying wages to employees at a lesser rate than the rate paid to employees of the opposite sex or of a different race or national origin for work in equivalent jobs unjustly discriminates against the person receiving the lesser rate; leads to low worker morale, high turnover, and frequent labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities;…." 

O.C.G.A. § 34-5-3 states that it shall be unlawful discriminatory practice for an employer to discriminate between employees, or for a labor organization to cause or attempt to an employer to discriminate between employees on the basis of sex, race, or national origin…."  …"paying wages to employees in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate paid to employees in another job that is dominated by employees of the opposite sex or of a different race or national origin for work in equivalent jobs." 

HB 634 – Rep. Burmeister and others have proposed this change to O.C.G.A. § 31-12-12 concerning restrictions on the sale or dispensing of contact lens prescriptions.  It strikes the current law stating that the prescribing optometrist or ophthalmologist shall, upon the request of the patient, at no cost, provide a prescription in writing for replacement contact lenses.  A person shall not dispense or adapt contact lenses without first receiving authorization to do so by a written prescription, except when authorized orally to do so by a person licensed and regulated by Chapter 30 or 34 of Title 43.  Instead, a patient shall now be entitled to receive a copy, at no additional cost, of such patient's replacement contact lens prescription in writing.  Any prescription for a specific brand of contact lenses available only from a person licensed and regulated by Chapter 29, 30, or 34 of Title 43, but which are generally marketed under an alternative brand, must disclose the name of the manufacturer and trade name of the alternative brand.  Further, the bill addresses issues relating to expiration dates on contacts.  It states that none may be sold or dispensed with an expiration date of less than 12 months from either the date the prescription is first determined or the last date of the contact evaluation by a licensed optometrist or ophthalmologist, whichever is later, unless a medical or refractive problem affecting vision requires an earlier expiration date.  If the prescription is valid for less than 12 months, then the optometrist or ophthalmologist must note the medical reason for the prescription's expiration date in the patient's record and must orally explain to the patient at the time of the eye examination the reason for the prescription's expiration date.  No contact lenses can be sold, dispensed, or distributed to a patient unless the seller has a copy of a valid, un-expired prescription or has obtained verification of a valid, un-expired prescription and unless one of the following has occurred:  A) the patient has given or mailed the seller an original valid, un-expired written contact lens prescription; B) the prescribing doctor has given, mailed, or transmitted by facsimile transmission a copy of a valid, un-expired written contact lens prescription to a seller designated in writing by the patient to act on the patient's behalf; or C) the prescribing doctor has orally or in writing verified the valid, un-expired prescription to a seller designated by the patient to act on the patient's behalf and no verification shall be provided unless the patient has designated the contact lens seller to act on the patient's behalf.  Any person who is trying to mail (i.e. sell, dispense or serve as a conduit for the sale or dispensing of) contact lenses must be licensed and registered with the Secretary of State.  The bill outlines requirements for entities wishing to conduct a mail-order business.  It also states that patients must be supplied a warning should they have adverse symptoms.  Violations can have civil penalties imposed of not more than $10,000. 

HB 638 – Reps. Channell and others have authored this bill concerning the employees' insurance and benefits plan in order to include employees of public or non-profit critical access hospitals in certain state benefits plans.  This would be inserted in O.C.G.A. § 45-18-32.  Employees of such public or nonprofit critical access hospitals may, with the approval of the State Personnel Board and the approval of such hospital, participate in the State's health plan. 

HR 272 – Reps. Shaw and others commended the Georgia Rural Health Association and recognized Rural Health Day. 

HR 279 – Rep. Parrish and others have proposed March 12, 2003 as Georgia Tourism Day. 

HR 319 – Reps. Mobley and Beasley-Teague have authored this Resolution proposing a House Study Committee on Equal Pay.  This will be composed of five members appointed by the Speaker and another four appointed by the Commissioner of Labor.  This will look at elimination of pay disparities between men and women and minorities and non-minorities. 

HR 334 – Reps. Sheldon and others have co-authored this Resolution creating a House Study Committee on Long-Term Care Insurance.  This will assess tax credits or deductions for people who purchase such, determine demand for such insurance, look at premiums for this type of insurance, and other issues.  It will be composed of five House members, to be appointed by the Speaker.  It would be required to make a report of its findings on or before December 31, 2003. 

SB 210 – Sen. Crotts and others have offered an amendment to Chapter 2 of Title 20 in an effort to provide for eligibility of students who attend home study programs for extracurricular programs offered at public schools under certain conditions.  It also provides conditions for eligibility and transportation. 

SB 213 – Sen. Seabaugh and others have authored this measure which deals with the horrors of the recent Rhode Island tragedy.  Among the bill's provisions is that it requires licensure by the Safety Fire Commissioner of any person conducting a pyrotechnics display before a proximate audience.  This change is added in Chapter 10 of Title 25.  The local fire official responsible for the area would have to certify in writing that the site for the display meets with his or her approval and is in compliance with all applicable codes.  A bond would be required in the amount of $10,000 and liability insurance would be required.  Additionally, any entity or person wishing to conduct a public exhibition or display of fireworks before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held.  There are a number of requirements associated with this – such as an application.  The judge can grant such permit under certain conditions which are outlined – such as the display will be conducted by a competent operator who is approved by the judge. 

SB 214 – Sen. Mullis and others have provided this amendment concerning the authority of coroners and medical examiners to disinter bodies.  (This appears to follow last year's legislative efforts in North Georgia with respect to the Tri-State Crematory issues.)  The chief medical examiner of the Division of Forensic Sciences of the Georgia Bureau of Investigation and district attorneys shall have the authority to disinter bodies under specified circumstances.  The sheriff would have to be notified as well as the county coroner.  The administrator of the property is directed to fully cooperate with the chief medical examiner.  This change is found in O.C.G.A. § 45-16-45. 

SB 217 – Sen. Johnson and others dropped this bill providing a comprehensive revision to provisions relating to class action lawsuits.  These amendments are in Article 4 of Chapter 11 of Title 9.   It strikes in its entirety O.C.G.A. § 9-11-23.  Some of the bill's provisions are: 

          "One or more members of a class may sue or be sued as representative parties on behalf of all only if: 

          1) The class is so numerous that joinder of all members is impracticable;

          2) There are questions of law or fact common to the class;

3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; and

4) The representative parties will fairly and adequately protect the interests of the class." 

There are a number of prerequisites listed in order for the class action to be maintained.  A court order would be entered as soon as practicable after the commencement of the action as to whether it can be maintained as such.  The court would give notice to the class members.  Once a judgment is obtained in an action maintained as a class action, then such shall include and describe those whom the court finds to be members of the class.  An action may be brought or maintained as a class action with respect to particular issues or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule would then be construed and applied.  The bill also contains provisions for dismissal but such cannot be done without the approval of the court.  Notice of the proposed dismissal or compromise must be given to all members of the class, as the court directs.  There are provisions so that a court's order certifying a class or refusing to certify a class can be appealed – much like the final order. 

SR 203 – Sen. Thomas and others have authored this Resolution which commends the Partnership for Health and Accountability which brings together hospitals, physicians, nurses, pharmacists, pharmaceutical manufacturers, the business community, policy leaders, and consumers to share data, resources, and expertise to ensure quality care and patient safety. 

SR 204 – Sen. Williams and others commended the Georgia Rural Health Association and recognized Rural Health Day. 

Committee News 

House Health and Human Services Committee 

          The House Health and Human Services Committee amended on Thursday HB 206 which relates to the licensing requirements for professional counselors, social workers and marriage and family therapists.  It provides an exemption from such requirements for certain persons providing certain disaster relief services.  It specifically adds a new paragraph (19) to O.C.G.A. § 43-10A-7(b): 

"persons currently licensed to practice a specialty in another jurisdiction and who are practicing such specialty within a defined disaster area in order to alleviate the impact on persons affected by a disaster as defined in paragraph (1) of Code Section 38-3-91 or a state of emergency as defined in paragraph (7) of Code Section 38-3-3, but only when such specialty services are provided without cost to the recipients, and only for a maximum of thirty consecutive days following a disaster or a state of emergency." 

Health Professions Subcommittee 

On Thursday, this subcommittee declined to amend the composition of the State Board  of Dentistry to add an additional dental hygenist.  The subcommittee also passed a resolution asking for a study of infectious disease issues for the professions, but placed it under the Secretary of State rather than the Office of Consumer Affairs.

Senate Judiciary Committee 

          The Subcommittee chaired by Sen. Clay met this afternoon to discuss further Civil Justice Reform measures in SB 133.  The subcommittee reviewed the bill section by section to talk about possible compromises.  It was announced that a bill would come to the Senate floor after changes are crafted.  It is apparent that a Substitute bill will be drafted over the weekend by Chairman Tanksley with the help of Sens. Clay and Price.  It is not yet clear what this Substitute bill will contain.  The post-judgment interest rate will be raised somewhat from the current version and caps may be amended upward.  Punitive damages for products liability may be left as is with no upper limit.  Non economic damage caps will probably receive some exceptions.  Health insurance may be removed from the list of collateral source of recovery definitions, and the subrogation provision received some unfavorable remarks as written.  Support for leaving the joint and several provisions as is was weak, and there were comments that the plaintiff should not be left without a solvent defendant found liable.  The medical and hospital community as well as the business community seem to be committed to work together with Legislators to find some meaningful changes. 

          Committees will be meeting on Monday, March 3, 2003, at least as currently scheduled.  Here's a quick listing of a few of those planning on meeting: 

Senate 

9:30 a.m.       Appropriations, Room 341 Capitol on HB 121

1:30 p.m.      Agriculture and Consumer Affairs Room 310 Legislative Office Bldg., SB 183; HB 108

2:30 p.m.      Health and Human Services, Room 310 Legislative Office Bldg., no agenda yet

2:30 p.m.      Natural Resources and the Environment, Room 450 Capitol

2:30 p.m.      Transportation, Room 307 Legislative Office Bldg.

3:30 p.m.      Ethics, Room 307 Legislative Office Bldg., SB 82, SB 108, SB 113

4:30 p.m.      Judiciary, Room Mezzanine-Capitol, SB 1, SB 47, SB 97, and SB 117

4:30 p.m.      Finance, Room 450 Capitol, SR 12, HB 189, SR 160, SB 160, SB 161, SB 182

5:00 p.m.      State & Local Govt. Operations, Room 307 Legislative Office Bldg. 

House 

9:00 a.m.       Rules, Room 450 Capitol

9:00 a.m.       Health & Human Services – Health Facilities Subcommittee, Room House Mezzanine 1, HB 372

9:00 a.m.       Judiciary Civil Law Subcommittee, Room 132 Capitol, HB 255, HB 322

1:00 p.m.      Industrial Relations, Room 404 Capitol, HB 117, HB 289

2:00 p.m.      Judiciary, Room 132 Capitol

                   Judiciary Probate Law Subcommittee (following full Judiciary Subcommittee),  Room 132 Capitol, HB 229

3:00 p.m.      Ways and Means Committee