Legislators were looking forward to today's arrival, as many plan on returning to their homes for the two-week break.  During that time, which will extend until March 24, 2003, various Members will be looking further into the Budgets for FY 2003 (Supplemental) and FY 2004. 

Floor News

The Senate had a rather lengthy calendar today.  SB 162, which is the Health Care Protection Act that increases penalties concerning licensing violations, cleared the Senate by a vote of 44 to zero.  The bill addresses in Title 43 of the Code the law on violations by revising the penalty from "misdemeanor" to "felony" in practice areas of dental hygiene; dietitians; registered professional nurse; practical nursing; nursing home administrators; optometry; and speech-language pathology or audiology.  The bill also tightens punishment in other parts of the Code for other professions:

1) athletic trainers so that any person who violates Code Section 43-5-7 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for two to five years. ((b) excluding Code Section 43-5-7, any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for a term not to exceed 12 months.)

2) professional counselors, social workers, and marriage and family therapists so that any person violating Code Section 43-10A-19 or Code Section 43-10A-7 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for two to five years;

3) persons dispensing or selling hearing aid devices without a license so that any person who dispenses or sells hearing aid devices or instruments without a license shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for two to five years; provided, further, any person who otherwise is in violation of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for a term not to exceed 12 months.  For purposes of this chapter, such misdemeanor or felony shall be considered a crime involving moral turpitude;

4) occupational therapists so that any person who violates Code Section 43-28-8 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for two to five years.(excluding Code Section 43-28-8, any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and not more than $1,000.00, or imprisonment for a period not exceeding six months, or both.  A license held by any person convicted under this Code section shall be forfeited and revoked immediately for one year from the date of such conviction);

5) dispensing opticians so that any person who violates subsection (a) of Code Section 43-29-7 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for two to five years. (excluding subsection (a) of Code Section 43-29-7, any person who shall violate any of the Code sections of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment of not more than six months in the county jail, or both.);

6) physical therapists so that any person who violates Code Section 43-33-11 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 and not more than $1,000.00, or imprisonment for a period of two to five years, or both. (excluding Code Section 43-33-11, any person convicted of violating this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $100.00 nor more than $1,000.00, or imprisonment for a period not to exceed 12 months.)

7) psychologists so that any person who violates Code Section 43-39-7 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense and, in addition, may be imprisoned for two to five years. (excluding Code Section 43-39-7, any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $100.00 nor more than $1,000.00 and may be imprisoned for a term not to exceed 12 months for such violation.)

The Senate also passed SB 190 so that when you receive your marriage license you will no longer have to undergo syphilis testing.

Another bill on the Senate's calendar was SB 97 which changes the law on real estate transfer taxes.  This adds additional exemptions from the tax required by O.C.G.A. § 48-6-1:

11) Any deed, instrument, or other writing transferring realty to a corporation, partnership, limited liability company, or trustee of a trust as a stockholder, partner, member, or trust beneficiary of the entity or so as to become a stockholder, partner, member, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, interest in the limited liability company, beneficiary interest in the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers subject to another exemption under this Code section, the transfer of realty from a corporation, partnership, limited liability company, or a trustee of a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the tax imposed by Code Section 48-6-1, even if the realty is transferred to another corporation, partnership, limited liability company, or trust;
(12) Any deed, instrument, or other writing reflecting vesting of title to realty acquired in a statutory merger or consolidation from a constituent corporation by the surviving or new corporation;
(13) Any deed, instrument, or other writing reflecting vesting of title to realty acquired in a merger or consolidation from a constituent partnership or limited liability company by the surviving or new partnership or limited liability company; and
(14) Any deed, instrument, or other writing transferring realty as common area, common property, or common elements to a property owners' association as defined in Code Section 44-3-221, a condominium association as defined in Code Section 44-3-71, or to any other mandatory membership homeowners or property owners association; provided, however, that the exemption provided under this paragraph shall apply only if the transfer is without valuable consideration."

The House also had a fairly lengthy calendar.  Here are a few highlights:

The House first addressed HB 470, which provides Georgia's juvenile courts system with more flexibility when dealing with unruly minors.  There is a gap in current law on how a juvenile court is able to deal with delinquents (minors who have committed acts which, if they were adults, would be considered criminal), and its authority with respect to minors who are truant, neglected, or improperly supervised.  Under Georgia law, parents are responsible, until the child turns eighteen.   The issue arises because the State's ability to provide monitoring or counseling covered in the delinquency statues stops after the child turns sixteen.  HB 470 would allow the juvenile courts system to provide these services for "non status" cases (those not considered criminal if the child were an adult).  The bill passed with a vote of 150-1.

Georgia's sex offender registry also was modified with the passage of HB 463.  The bill expands the list of persons required to register as sex offenders by including those who conspire to transport, ship, receive, or distribute child pornography, as well as those convicted of possession of child pornography.  Such offenders will be required to register and report to their local sheriff within ten days of release from jail, or notification of mandatory registration.  Such offenders would register annually and provide a current photograph and fingerprint.  The bill also requires that sex offenders moving into Georgia obtain a Georgia driver's license, or a valid Georgia identification card within 30 days of arriving.  The measure passed without dissent.

HB 206 would allow Georgia to use counselors, social workers, and marriage and family counselors who are licensed to practiced in other states for up to thirty days to assist Georgia in crisis intervention during cases of emergency or disaster.  

HB 455 seeks to release Georgia's Department of Motor Vehicle Safety from the responsibility to directly inspect limousines.  This bill allows limousines wishing to be licensed to be able to be inspected elsewhere, as long as certification is obtained for registration purposes.

HB 289 permits former State employees, who have returned to service, to regain lost sick leave after two years back on the job.

Newly Introduced Legislation

HB 686 – Rep. Bordeaux has proposed this amendment to O.C.G.A. § 7-4-16 to change when interest runs on commercial accounts and the maximum interest allowed.  This is currently not to exceed 1 ½ percent per month calculated on the amount owed from the date upon which it became due and payable until paid.  This change is such that the owner of a commercial account may charge interest on that portion of a commercial account which has been due and payable for 30 days or more at a rate not in excess of the weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the first day on which the obligor is liable for interest.  This was referred to the House Banks and Banking Committee.

HB 688 – Rep. Powell and others have proposed a change to the Insurance Code to enact the "Georgia Vehicle Protection Product Act."  This provides for the registration and filing of warrantors as well as provides for the warranty reimbursement policy requirements and disclosures to be made to the warranty holder.  This has been assigned to the House Motor Vehicles Committee.

HB 697- Rep. Gardner and Rep. Ashe have co-authored this bill amending the law on a patient's right to independent review in O.C.G.A. § 33-20A-31 so that persons covered by the State's health benefit plan can be eligible for such right to independent review of a medical decision.  The bill was forwarded to the House Insurance Committee.

HB 700 – Rep. Gardner and others have offered this proposal to amend Chapter 9 of Title 31 concerning consent to surgical and medical treatment.  This is to clarify that persons appointed as representatives of mentally ill or mentally retarded persons can give consent for surgical or medical treatment to those unable to do so for themselves.  See O.C.G.A. § 31-9-2(a)(6).  This was send to the House Judiciary Committee for review.

HB 701 – Reps. Gardner, Manning, and Childers have co-authored the Georgia Independence Plus Act to provide for the establishment of a consumer- or family-directed care program in Title 49.   This would allow families to select the providers they want and services they need for in-home and community-based services.  This would be established jointly by the Department of Human Resources and Department of Community Health, which would need federal approval, based on principles of consumer choice and control.  Persons enrolled in one of the Medicaid supported home- and community-based waiver programs and are able to direct their own care or to designate an eligible representative to direct their care may choose to participate in this program.  The program would establish an annual budget allowance based on the person's assessed needs and financial resources of the program.  This allowance would be used to pay for the needed services – such as personal support services (grooming, dressing, homemaking, meals, shopping, etc.); and counseling in self-directed care.  A "provider" would include a neighbor or friend or relative as allowed by law.  A job description, screening of caregivers, communicating needs, preferences, etc., providing fiscal intermediary, ending employment of an unsatisfactory provider, etc. would be the consumer's role and responsibility.  Where the consumer is not the employer of record, then the consumer's roles and responsibilities would include communicating needs, preferences, and expectations about the services purchased; selecting and approving a provider; ending the services of an unsatisfactory provider; and providing the fiscal intermediary agent with all information necessary for provider payments and to meet tax requirements.  Annual assessments concerning this program would be undertaken and a report would be provided to the General Assembly annually.  The bill was referred to the House Human Relations and Aging Committee.

HB 703 – Rep. McCall and others have offered this amendment to O.C.G.A. § 50-18-72(a)(15).  This deals with an exemption for records relating to the public water supply systems or public sewage systems so that such maps, plans, layouts, schematics, engineering drawings, diagrams, vulnerability assessment reports, emergency response plans, or other records relating to any public water supply system or public sewage system, the disclosure of which could render such system more susceptible to intentional attack or damage or to sabotage.  The House Natural Resources and Environment Committee will review this bill.

HR 361 – Tom Murphy Day in Bremen has been honored by Speaker Coleman.  This was celebrated on March 9, 2003 in honor of the former Speaker's 79^th Birthday.

HR 370 – Rep. Childers, Reece, and Smith have commended the Foster Grandparent/Senior Companion Program which has been in operation since 1974. This enables children and youth with special and exceptional needs to get assistance through senior citizens.

HR 376 – Rep. Sheldon and others have authored this Constitutional amendment in an effort to create the "Taxpayer's Dividend Act."  This amendment would be inserted in Article III, Section IX, Paragraph IV(e).  It states that a "a general appropriations act passed during a regular session of the General Assembly may not be amended following adjournment sine die of that session if such amendment would increase the amount appropriated in such Act unless that amendment: 1) increases the appropriations to fund increased amounts for local school systems; or 2) is approved by two-thirds of the members of each house."  Funds otherwise available for appropriation "through an amendment to a general appropriations Act but not appropriated pursuant to 1) or 2) above must be appropriated by the General Assembly during the immediately succeeding regular legislative session following passage of that act only for purposes of reducing existing state debt, providing for a refund of state taxes, or both such purposes.  The House Appropriations Committee has been assigned to look further at this proposal.

SR 234 – Sen. Lamutt, Golden and Thompson have proposed the creation of the Unemployment Insurance Trust Fund Joint Study Committee so as to look a Georgia's laws on unemployment reserves used to benefit unemployed persons.  This seeks to review the laws in an effort to determine any necessary reform, revisions, or modernization of existing laws given the current economic conditions and to improve accessibility and effectiveness of the unemployment insurance program.  This Study would have 13 members with three appointed by the Speaker from the House; three by the Senate Committee on Assignments; the Commissioner of Labor; and six members of the general public appointed by the Governor.  This Study would be concluded by December 31, 2003.

Committee News

There was limited activity as most Committees decided not to meet.

Senate Special Judiciary Committee

          Sen. David Adelman presented SB 147, which is a bill tightening Georgia's current law on knowing disclosures of the locations of domestic violence shelters in the State.  Cathy Spraetz, Executive Director with the Partnership Against Domestic Violence ("PADV") spoke in support of this legislation.  PADV is the oldest and largest domestic violence agency in Georgia.  Ms. Spraetz emphasized how crucial it is that shelter locations be kept confidential from the general public.  Otherwise, there would be serious risk of death and personal injury to the women and children served.  PADV requires confidentiality agreements to be executed before it will allow persons to enter the premises (or know of its location).  This is true for its employees and staff, women it serves, volunteers, maintenance help, etc.  Once information is out in the public domain, it is irreversible.  As such, women must execute a release to hold the shelter harmless in the event of a disclosure. 

          Most shelters remain full; thus, there is a constant need for secure, confidential housing.  Ted Lawrence with Bell South spoke in opposition to some of the wording in the bill, remarking that companies make mistakes and need protection from these honest mistakes.  Bell South supports the plans proposed in the bill and worked with the author on the language.  The terrible penalties to businesses contained in the bill are those that concern Bell South the most – especially when an honest mistake is made.

          Mr. Lawrence made suggestions in two places of the bill which were accepted by the Committee.  Sen. Kemp inquired as to whether there was a motion, as this bill had not gone through the subcommittee process as is customary.  A motion was made to pass the bill by Committee Substitute, incorporating the changes requested by Mr. Lawrence.  The bill will proceed to Rules.  If there is unreadiness at that level, the bill may be sent back to Committee.

Senate Judiciary Committee

          SR1 was before this Committee but was postponed.  This is this year's 'charitable choice' legislation.  It proposes amending Georgia's Constitution at Article I, Section II, Paragraph VII relating to separation of church and state. The new language reads: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution.  However, nothing in this Paragraph or any other provision of this Constitution shall prohibit the use of money from the public treasury to support public health or social service programs for people in need which are provided without regard to any recipient's religious affiliation, belief, practice, or lack thereof by religious or sectarian organizations, religious denominations, or individual houses of worship, provided that no such public money shall be used for sectarian worship, instruction, or proselytization."

          The new language is of concern to some as it does not provide assurances that there will be checks and balances concerning this use of funds.  Further, entities receiving such must be 501(c)(3) entities as defined by the United States Tax Code.

House Committee on Children and Youth

          This Committee reported out an amendment to HB 433 concerning licensure and liability requirements for day-care centers, family day-care homes, group day-care facilities, or group day-care homes.  These must be licensed or registered by the Department or at renewing any such license or registration, present evidence must be shown of a policy of liability insurance in the amount of at least $25,000 for bodily injury and property damage issued by an insurer authorized to transact business in Georgia.  Any owner who fails to present proof of this liability insurance coverage would be denied a license or registration by the Department.  Evidence of liability insurance shall be ongoing and evaluated at least annually during the licensure or registration period.

Other

          Legislators have agreed to a work schedule.  They will adjourn until March 24, 2003 to work on the Budgets.  Presently, Sine Die will occur on April 18, 2003.