March 5, 2003

          Today is the 25^th day of the Session.  The pace is picking up as Legislators now realize meaningful legislation doesn't have much time left to pass both chambers. 

Floor News

          In the Senate, Commissioner Mike Thurmond took a public 'whipping' of sorts as Sen. Lamutt expressed his displeasure regarding Commissioner Thurmond's efforts relating to workers' compensation benefits and a request for information.  Two bills were before the Senate on this issue.  SB 167, a bill carried by Sen. Lamutt, was passed today by the Senate.  SB 165 also was on the calendar but failed to pass out of the Senate.  Rather it was again dropped to the foot of the calendar.  A number of Democrats rose in support of Commissioner Thurmond and in opposition to the bills.

          The bill with the greatest debate was of course, HB 121, the Supplemental Budget bill for FY 2003.  Sen. Hill explained the proposal to his colleagues.  A number of amendments were proposed with only two of them gaining enough strength to pass.  They were amendments 1A and 11.  Amendment 11 adds additional dollars to the Student Finance Commission's portion of the Budget to fund ROTC Grants at North Georgia College.  Amendment 1A was language added to the Budget document by Sen. Meyer von Bremen and Sen. Price so that there would be a repeal of conflicting laws and a reallocation of certain funds.  Finally, the Budget for FY 2003 was passed by a vote of 33 to 21.  A few failed amendments related to healthcare – one was by Sen. Nadine Thomas which provided for some AIDS funding; another was by Sen. David Adelman which proposed to plant seed dollars for a statewide trauma network.

          The House also was busy today – one of the things it did was to pay tribute to the late Max Davis, a Representative from Atlanta who died last year.  The House named an interchange on I-285 and Chamblee Dunwoody Road in honor of the former House Member. 

          In other action, the House took up HB 185 which is partly a response to the number of teenage deaths in automobile accidents.  Previously, the General Assembly had passed a law which mandated that persons between the ages of sixteen and twenty-one, who are caught driving 24 miles per hour greater than the posted speed limit, would automatically lose their driver's license for six months.   Legislators from rural areas argue that this is a harsh sentence, especially in places where there is no public transportation.  Many of these persons are either trying to get to school or their jobs – some are heads of household.  Thus, this bill seeks to address this concern by allowing persons age 18 to 21, who have lost their driver's license due to excessive speeding, but are first-time offenders, to apply for a provisional driver's license.  Thus, such would provide them the ability to travel to and from work, school, and church.   Many were opposed to amending teen driving laws.  Supporters of this bill argued that at age eighteen a person is legally an adult, and some are supporting families.  After this discussion, the bill passed by a vote of 165-2.

HB 117 was also on the House calendar.  It extends unemployment benefits to the spouses of military personnel who are forced to give up their jobs due to their husband or wife being transferred to a new duty station.   Military families, like most American families, often depend on two incomes.  This bill also passed.

HB 259 also cleared the House by a vote of 163 to zero.  This bill was touted as a clean-up measure of previously enacted legislation.  This bill seeks to make clear that interest paid on health benefits claims by insurers does not apply to the lifetime caps under the policy.

          Among other bills passed included HB 32 which passed by a vote of 165 to zero.  It makes clear that a probate judge can issue a ruling declaring a person dead, despite the absence of a body or remains.  The caveat: there must be clear and convincing evidence existing that the person has undergone a catastrophic incident and was killed.

New Legislation

HB 653 – This is a proposal by Rep. Rogers and others which would prohibit minors from possessing cigarettes and tobacco-related objects.  This has now been assigned to the House Special Judiciary Committee.  This amends O.C.G.A. § 16-12-171.

HB 654 – This is Rep. Crawford's amendment to Article 3 of Chapter 4 of Title 48 in order to provide for personal service of the notice of foreclosure of the right to redeem property.  It also provides for an affidavit stating the name, address, and method of service for each person served with a notice of foreclosure.  This measure was sent to the House Ways and Means Committee.

HB 656 – Rep. Chambers' amendment to O.C.G.A. § 10-1-393 which requires that consumer reporting agencies notify customers when a person other than the customer or a person who the customer has a business relationship of any inquiry concerning the consumer's file.  This matter has been referred to the House Governmental Affairs Committee.

HB 675 – Rep. Jones and others have proposed this change to O.C.G.A. § 45-12-50.1 so that no vacancy in a judicial office can be filled once a Governor-Elect has been declared and before that person's inauguration – unless the Governor and Governor-Elect is the same person.

HR 349 – Rep. Burkhalter's Resolution proposing an amendment to the State's Constitution in order to increase the maximum number of counties in the State to 160 has now been referred to the House State Planning and Community Affairs Committee.

HR 351 – Rep. Mobley and others have proposed this Resolution which urges the United States Senate to ratify the Convention on the Elimination of All Forms of Discrimination Against Women.  It also urges the United States Congress to affirm women's fundamental rights to reproductive health.  This matter has been sent to the House Rules Committee.

HR 354 – Rep. Forster and others have proposed limiting the number of terms that a person may serve in the Georgia General Assembly.  This limit would be no more than ten terms.  This Resolution would propose amending the State's Constitution, Article III, Section II, Paragraph III(c).  It also proposes an amendment concerning the office of the Lt. Governor in Article V, Section I, Paragraph III.  It adds that "persons who have held the office of Lt. Governor and have succeeded themselves shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Lt. Governor."

HR 355 – Rep. Forster and others have proposed this Resolution concerning party switchers.  This would amend the State's Constitution so that persons elected to office who were the nominees of political parties and bodies may not change their party affiliation unless that person has resigned from such office.  The person may qualify for nomination by a different political party for the office that he or she then holds or for a different office or may be the nominee of a different political party or body for re-election to the office he or she then holds or for a different office without being required first to resign from the office such person then holds.  If such person changes without first resigning, then that office shall be declared vacant by operation of law.  Such amendments are proposed for the State's Constitution at Article II, Section II, Paragraph VI.

HR 358 – Reps. Ashe,  Henson, and Drenner have dropped this Resolution urging the Georgia Department of Human Resources, Division of Family and Children Services, to adopt specific Farm Bill 2002 state options to provide access to the federal food stamp program for low-income Georgians.

SB 225 – Sens. Thompson and others have proposed the enactment of the "Frivolous Litigation Prevention Act."  This amends several provisions in the Civil Practice Act in Title 9 including signatures required on pleadings and sanctions for failure to make discovery.  The bill has now been forwarded to the House Judiciary Committee.

SB 233 – Sen. Lamutt and others have proposed this amendment to Chapter 9 of Title 34 in an effort to delete the requirement that notice to non-resident parties in workers' compensation matters be sent by certified mail.  It also changes procedures regarding an employees' cooperation with authorized medical treatment.  Additionally, it amends the caps on disability payments.  This has now been referred to the Senate Judiciary Committee.

SB 237 – Sens. Thompson, Jackson, Reed, Stokes and Butler have proposed an amendment to Chapter 9 of Title 33 so that all insurers which do business in Georgia will be required to publish information on an annual basis regarding their rates.  This has been sent to the Senate Insurance and Labor Committee.

SB 240 – Sen. Hudgens and others proposed this amendment to Article 3 of Chapter 11 of Title 15 concerning parental notification.  It defines and eliminates certain terms (a person standing in loco parentis) and requires proper identification to be presented in order for a physician to perform an abortion.  "Proper identification" is defined as "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 Section 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."

SB 241 – Sen. Nadine Thomas has proposed creating the Department of Family and Children Services in Title 31.  This would create a new Chapter 5B in this Title.  It is done in part due to the growing "concern and complexities of issues relating to social services, economic support for families in need, and child welfare and protective services in this state."  This would take the Division of Families and Children's Services from the Department of Human Resources and create its own Department.  This new Department would assume powers on June 30, 2003. The bill establishes an office of a commissioner and a board for oversight.

SB 242 – Sen. Butler and others have authored this Bill amending Part 3 of Article 16 of Chapter 2 of Title 20 in order to enact Georgia's Children's Vision Improvement and Learning Readiness Act of 2003.  This provides that the State Board of Education can apply for federal dollars to develop a State program to provide comprehensive eye examinations for children entering the first grade.  The bill also requires that students entering the first grade must have such eye examinations.  See new language proposed for O.C.G.A. § 20-2-770.1(d) "to the extent federal funds become available, the State Board of Education, in conjunction with the Department of Community Health, shall develop criteria for determining eligibility for participation in the comprehensive eye examination program, a list of providers, a system for provider reimbursement, and a method for evaluation and reporting of the operations and activities carried out under the program."

SB 243 – Sens. Smith and others have proposed a new Code Section for O.C.G.A. § 38-3-57 to establish and maintain a standardized, verifiable, performance-based unified incident command system under the Georgia Emergency Management Agency.  Local agencies which have not established a system by December 31, 2004 will not be eligible for state reimbursement for any response or recovery related expense.

SB 247 – Sens. Kemp and others have proposed helping with Georgia's green space.  This bill amends O.C.G.A. § 36-22-4 so that persons may make a voluntary contribution to the Georgia Greenspace Trust Fund as a taxpayer by having a check-off on their tax forms for taxable years on or after January 1, 2004.  The Department of Revenue would tally this amount annually and withhold some reasonable amount for administering the voluntary program but it cannot exceed $50,000 annually.

SR 225 – Sen. Zamarripa and others have authored this Resolution urging Georgia to study and put forward a strategic business framework for increasing trade with China.  This will be a private forum to analyze our current situation and establish the economic value of a strategy and recommend the best possible course of future action.

SR 227 – Sens. Cagle, Shafer, Mullis, Hamrick, Tanksley, and others have proposed this Resolution directing the Georgia State Financing and Investment Commission to issue a request for proposals for the transfer or securitization of all or part of Georgia's rights to payments under the tobacco master settlement agreement.  The master settlement agreement was entered into, with Georgia as a party, on November 23, 1998.   This RFP would require that responsive requests provide Georgia with multiple options for the transfer or securitization of all or part of the State's payment rights, such that the State will have the option of accepting a proposal (rights in perpetuity; payment rights for a limited period of time; a portion of such payment rights in perpetuity; or portion of such payment rights for a limited time).

SR 228 – Sen. Zamarripa and others are proposing to urge the Georgia Department of Human Resources to adopt specific Farm Bill 2002 state options to provide access to the federal Food Stamp Program for low-income Georgians.

Committee Activity

House Appropriations Committee

          This Committee took up a number of bills.  HB 550, presented by Committee Substitute by Rep. O'Neal, addresses legislative oversight for contracting issues for the Revenue Department.  A number of concerns were raised by Democrats that this was encouraging privatization of services, which the City of Atlanta has found does not work.  A motion was made by Rep. Orrock to table HB 550 but her motion failed.  Rep. O'Neal stated that the states of Arizona and Virginia had passed similar types of legislation.  The bill passed by Committee Substitute.

          HB 551 was also on the agenda and was described as a "clean-up" or "modernization" of current law implemented in 1965 relating to the Board of Higher Education.  It increases this entity's bonding authority from $50 to $100 million.  It also addresses service-cancelable loans based upon an Attorney General Opinion.  Rep. Holmes argued with Rep. O'Neal that it would appear that the Governor was re-constituting all the boards that the Governor appoints.  He asked what were the problems with the current Board and whether any complaints had been received.  Rep. O'Neal claimed that a number of persons who were on the Board were lax in their duties.  Rep. Shaw inquired as to why a per diem was being implemented when the person was being paid a State salary.  He claimed that this was not less government.  This measure was passed with some objection.

House Governmental Affairs Committee

          Now under the direction of Rep. Powell, this Committee took on several bills.  HB 472 was pulled from the calendar.  HB 338 which dealt with plumbers and plumbing contractors passed without discussion. 

HB 352, presented by Rep. Harbin, relates to licensing board complaints, passed by Committee Substitute (with an amendment made by Rep. Boggs).  The bill requires that within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director must notify the complainant of the disposition of such complaint.  This notification must include whether any action was taken by the board with regard to such complaint and the nature of such action.  In addition, the division director and the board shall, upon request by the complainant, advise the complainant as to the status of the complaint during the period of time that such complaint is pending.

The Committee also took up HB 506 which deals with manufactured housing builders.  This attempts to address the registration of manufactured housing – currently this is done through the Department of Motor Vehicle Safety.  Due to Fannie Mae and Freddie Mac lending requirements, Georgia's laws need to be addressed.  Loans have not been available to purchase mobile homes as they are considered to be 'cars'  rather than real property.  Thus, for loan purposes, rather than getting a 5.75% loan for such, a person could only apply for a loan amount with interest of more than 16%.  Additionally, this bill would allow for the surrender of real title once the manufactured home is placed permanently on the property.  Manufactured housing was one of the hardest hit industries by predatory lending practices.  This bill attempts to help and would become effective on January 1, 2004.  Mike Holliman with the Superior Court Clerks' Association expressed some concerns regarding the use of the term "affidavits" in the bill – he suggested that this be changed to "deeds or instruments" which the Committee agreed to do.  This helps clarify fees that the Superior Court Clerks may charge (an affidavit is $5.00; a real property deed or instrument is $10).  A number of amendments were received from the Department of Motor Vehicle Safety which were incorporated.  The bill passed as amended. 

Finally, the Committee passed HB 517 concerning delinquent charges that retailers may charge on installment bills.  This came out of Committee by Committee Substitute without further discussion.

Senate Health and Human Services Committee

          SB 179 was passed with one amendment made by Tom Bauer which relates to the word "practitioner" and that physicians' assistants must comply as prescribing practitioners.  SB 179 is the Patient Safe Prescription Drug Act which provides for electronic prescription drug orders.  SB 36, the bill dealing with advanced practice nurses right to prescribe, was pulled from the agenda.

Senate Insurance and Labor Committee

          This Committee took up SB 233 by Committee Substitute.  This bill deals with workers' compensation issues and is a compromise.  Judge Hall presented the various changes in the bill which deals with certified mail, a two-step process concerning medical treatment, medical charges, income benefits, caps on disability, etc.  A number of entities testified to the merits of the bill including John Poole, Birt Fridlin, and Bobby Potter.  Some of the issues addressed include that there is no presumption of catastrophic injury just because Social Security benefit is being collected; must return to a physician before returning to work; and the benefit increase which was not as much as proposed ($35).  This passed without further amendments.

          SB 217, Sen. Johnson's bill rewriting the State's law on class actions, passed without changes with Sens. Stokes, Zamarripa, and Brown opposing the bill.  A number of persons testified about the bill – both for and against.  Dwight Davis, a lawyer with King & Spalding, testified at the request of the Georgia Chamber of Commerce.  Current law lacks use of interlocutory appeal.  The changes in this bill allow protections for all litigants.  It also brings Georgia's law up to the federal standard (Georgia's current law came about in 1958) but also adopts some protections relating to appeals (much like what Alabama has done).  A number of entities support this bill such as the Georgia Retail Association, Georgia Food Industry, AFLAC, Georgia-Pacific, Georgia Power, Pfizer, etc.  Sen. Brown inquired as to the number of cases, under the current system, which are certified as class actions.  Mr. Davis could not give an answer to this.  Mr. Davis explained that this allows the order on class certification (or denial) to be appealed, much like what can be done now with summary judgment motions.  Mr. Davis also explained that there is a currently a problem in Georgia as a number of class actions are being filed in Augusta and Columbus.  Sen. Harp explained that under the federal system there is a discretionary appeal – but that the state bill does not provide for such.  He explained that discretionary appeals have high standards.  Mr. Davis explained that a number of states are showing a trend in adopting provisions such as those included in SB 217.  Additionally, the Federal Rule concerning Class Actions, Rule 23, is currently being overhauled.

          There were also dissenters in the crowd.  John Beavis and David Hagey spoke in opposition to the bill on behalf of the Georgia Trial Lawyers Association.  They stated that the bill will not accomplish the objectives and will not reduce costs or burdens to the State.  They stated that class actions help consolidate a number of small claims into one suit.  They especially objected to subparagraphs (f) and (g) in the bill (which provide for the appeals).

          After much discussion, the bill passed.

Senate Judiciary Committee

          If you had to have a ticket to a Committee meeting, this was the one to have.  In a crowded room -  complete with lawyers from around the state, the Committee heard more on the merits (objections) to SB 133, the Civil Justice Reform Bill.  For every Section of SB 133, both sides had a lot to say.  Healthcare providers and businesses believe the bill will help the skyrocketing jury awards and help lower medical malpractice insurance premiums.  Plaintiffs' lawyers disagree.  Two of the State's most colorful (and successful) trial lawyers were present for the evening – both giving remarks on their dislike of the bill: Jim Butler and Tommy Malone.  Sen. Tanksley, Chair of the Committee, worked his way through each of the bill's provisions, which includes caps on punitive damages, caps on non-economic damages, collateral source provisions, revisions to law on joint and several liability, expert witness rules, periodic payments on judgments, emergency room physicians' immunity from liability, interest rates on judgments, vanishing venue revisions, and forum non conveniens.  After a hearing which lasted several hours and concluded around 9:30 p.m., it was still unclear where the Committee was headed.  A Committee Substitute is to be drafted, primarily by Sen. Tanksley, and will be supposedly released sometime during the week of March 10.