March 3, 2003

          Greetings from the Capitol.  Legislators returned to work today.  Rumors have been circulating about when more time off will be taken.  We believe that the General Assembly will adjourn on Thursday of this week in an effort to allow Budget Conferees to work on the FY 2003 Supplemental Budget over the weekend – this assumes that the Senate will pass the Budget on Wednesday.  Many find it hard to believe that is the 23^rd Legislative Day – seventeen more to go!

Floor News

          The House took up HB 314 which relates to use and preservation of "greenspace."    This would allow the Greenspace Trust Fund interest to be used in the general appropriations fund.  This is an effort to 'find' money to address the budget shortfall.  The bill passed by a vote of 133 to 31.  There is no sunset provision in the bill so another bill would be necessary for the interest monies to be returned to the Fund in the future.

          The House passed HB 456 also to address budget shortfalls.  This bill proposes to have $20 million of the Universal Service Fund designated previously for distance learning and telemedicine to be used by the Georgia Technology Authority to support that entity's needs.  This bill has a sunset provision of July 1, 2006. 

          There was also some legislation passed by the Senate today.  One of its bills, SB 121, dealt with non-consensual towing.  This amends Chapter 1 of Title 44 and provides that the Department of Motor Vehicle Safety shall have the authority to regulate the removal and storage of commercial vehicles from private real property at the request of the property owner.  It also proposes to provide for the regulation of fees associated with the removal and storage of commercial vehicles from private real property.  Other provisions authorize the governing authority of a municipality to license towing and storage firms and provides for the regulation of rates and fees for such firms.

          SB 85, a health-related bill, also passed.  SB 85 deals with the practice of optometry without a license.  The bill strengthens the punishment for someone practicing this profession without a license.

SB 166 also passed out of the Senate.  Sen. Lamutt explained that this bill provides for a minimum non-forfeiture rate of 1 ½ % on individual deferred annuities.  Currently the law is 3%.  The bill contains a sunset provision so that this reduced percentage rate would remain in place until July 1, 2006 when it will be raised to 3%.  It specifically amends O.C.G.A. §33-28-3(d)(1).

SB 134, presented by Sen. Cagle concerning water craft and reportable incidents also passed the Senate.  This bill, probably addressing more issues on Lake Lanier, raises from $500 (current law) to $2,000 those "reportable" incidents involving harm to personal property.  The bill amends O.C.G.A. § 52-7-3 (22) which relates to those incidents which are an "accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $2,000.00."  Further the bill also amends O.C.G.A. § 52-7-8 which requires that every vessel be "equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened.  In addition to the individual personal flotation device, each vessel 16 feet or more in length, except for canoes and kayaks, must at all times be equipped with at least one Type IV (throwable) device."

Newly Introduced Legislation

HB 613 – Rep. Campbell introduced this amendment to Part 2 of Article 10 of Chapter 6 of Title 40 concerning changing conditions under which a parking permit may be issued to an institution transporting one or more persons with disabilities.  This bill was referred to the House Motor Vehicles Committee.

HB 617 – Rep. Graves' bill amending Article 7 of Chapter 34 of Title 43 relating to provisional licenses issued to clinical perfusionists has been referred to the House Health and Human Services Committee.

HB 619 – Reps. Harbin and Maddox introduced this measure in an effort to provide for the issuance of group accident and sickness insurance under a franchise group plan.  There are provisions for portability and continuation but the bill does not require such to be regulated by the Department of Insurance.  This bill was sent to the House Insurance Committee.

HB 625 – Reps. Marin and others offered this bill dealing with an amendment to Chapter 10A of Title 43 to provide for temporary permits for foreign-born professional counselors for whom English is a second language to practice as professional counselors.  There are some safeguards – such as a requirement to practice with someone already licensed.  The bill was forwarded to the House Health and Human Services Committee.

HB 627 – Reps. Smith and Mosley have proposed this bill which requires that publicly listed state telephone numbers must be answered by an attendant rather than using voice mail systems.  This was sent to the State Planning and Community Affairs Committee for further review.

HB 628 – The Committee on Governmental Affairs has been dealt this bill by Rep. Hugley and others.  It proposes to change the provisions relating to occupational regulation legislation review and changes the composition of the Georgia Occupational Regulation Review Council.

HB 632 – Rep. Snow's bill amending Article 2 of Chapter 3 of Title 38 concerning the provision of government safety plans to be administered by the Georgia Emergency Management Agency has now been sent to the House Public Safety Committee.

HB 633 – This bill relating to labor and industrial relations so that it prohibits sexual discrimination in employment and prohibits discrimination in employment and in membership of labor organizations based upon sex, race, or national origin has been forwarded to the House Industrial Relations Committee.

HB 634 – This bill amending Chapter 12 of Title 31 concerning restrictions on the sale or dispensing of contact lens prescriptions has been referred to the House Health and Human Services Committee.

HR 319 – Rep. Mobley's resolution creating the House Study Committee on Equal Pay has now been referred to the House Rules Committee.

HB 626 – Rep. Childers' bill amending the Tax Code at O.C.G.A. § 48-5-478.3 has now been engrossed:

"(a) As used in this Code section, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual.
(b) A single motor vehicle owned by or leased to a veterans organization is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes."

The bill's proposed effective date is January 1, 2004.

SB 211 – Sen. Adelman's bill amending Chapter 2 of Title 14 proposes the use of a single written notice to two or more shareholders with the same address.  This has now been forwarded to the Senate Special Judiciary Committee.

 SR 212 – Sens. Mullis, Cagle, Collins, and Kemp have proposed the creation of a Joint Study Committee on the Indemnification of Emergency Personnel.  This study will make a determination if 911 operators and dispatchers and employees of emergency management agencies, not otherwise employed as a law enforcement officer, firefighter, emergency medical technician, or emergency management rescue specialist, should be made a part of the state's indemnification plan.  This Committee would be composed of six members with the Speaker appointing three and the Senate Committee on Assignments appointing three. It would report back its findings and recommendations on or before December 31, 2003

Committee News

House Industrial Relations Committee

          The Committee passed HB 117 and HB 289 without additional changes.

Senate Health and Human Services Committee

          A hearing was held on SB 171 which provides additional assistance to hospitals owned by authorities to collect monies for patient care rendered by hospitals to patients who reside in another county.  Grady Hospital which serves 80,000 outpatients and 32,000 inpatients, spoke in favor of Sen. Levetan's legislation.  The legislation would apply to some for-profit hospitals in certain areas.  Sen. Adelman asked about the numbers of patients served at Grady who live outside of Fulton and DeKalb Counties.  About 6-8% of the patients cost approximately $10.8 million.  These numbers are reported on the Indigent Care Surveys which the hospitals complete and submit to the Department of Community Health.   Bill Lewis with Phoebe Putney Hospital in Albany spoke in favor of the legislation citing that 52% of its patients come from some 81 counties at a cost of about $12 million to the hospital.  Amy Hughes with Memorial Health System in Savannah also spoke in favor of the bill.  She indicated that uncompensated care for hospitals was a large problem – especially for the disproportionate share hospitals.  She asked that the bill clarify that it deals with reorganized hospital authorities.  Jim Grubiak with the Association of County Commissioners of Georgia spoke in opposition to the bill.  The bill was placed in a Subcommittee for further study.  This Study Committee will be comprised of Sens. Unterman, P. Smith, Levatan, and Butler.

          The Committee also passed three bills for Chairman Buddy Childers:  HB 45 which changes the composition of the Commission on Men's Health; HB 53 which amends membership for the inclusion of an organ or tissue recipient to the anatomical advisory board; and HB 54 which defines ownership requirements for an eye bank facility (basically a for-profit entity cannot own such). 

          SB 190 was also passed.  Sen. Don Thomas authored this measure which repeals current law requiring syphilis testing to be conducted for marriage licenses.  Tests for Rubella will continue.  There was no discussion about this bill.

House Judiciary Committee – Probate Law Subcommittee

          Rep. Mike Boggs hosted a hearing on HB 90 which changes provisions concerning who must conduct background checks for State Bar applicants.  This bill deals with fingerprinting of Bar applicants.  There were no changes and the bill passed by Committee Substitute.

          HB 229 was also on the calendar.  Due to time constraints, this bill was held.  It deals with the rewriting of the procedures for guardianship.