March 19, 2002

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

Jeffrey C. Baxter

404-817-6247

Kirkland A. McGhee

404-817-6257

Helen L. Sloat

404-817-6170

Legislators returned again to work this morning – the buzz, of course, was the voice vote action taken by the Senate Insurance and Labor Committee last evening approving SB 508 in the face of more "nay" votes, the Governor’s bill concerning employment issues. The Senate spent almost half of its day hearing from both sides of the aisle on the issue. Late in the afternoon, there was crime scene tape across the Senate as many claimed to have been victim of a crime of theft of representation.

Floor News

The Senate had a long calendar, but due to the points of personal privilege which took about half the day, it did not complete all the bills on its agenda. Some of the comments from the Well concerning actions taken in the Insurance and Labor Committee on SB 508 follow.

Sen. Bill Stephens claimed that the Committee Report on SB 508 was a ‘lie’ and should not be ignored. Additionally, he pointed out the actions taken recently on the days of adjournment noting that the Senate Rules do not allow for such. He asked his fellow Senators when it became allowable to ignore the Committee vote and asked them to recall the Minister of the Day’s comments on the fact that Legislators should keep the laws that they write.

Sen. Lamutt’s remark became a hallmark theme for the day. He claimed that actions taken in the Committee meeting were a "planned theft of representation." He also reminded the Senate that the "process" matters.

Sen. Don Balfour also took the Well and claimed that it was obvious that the Senate had a problem counting to 7. He too explained that if he did not complain about the actions taken in the Committee meeting that all would be complicit with the crime. Further, he will be asking for a roll call vote at the close of each day of the Session – stating that it was no longer humorous when the Senate adjourned its day with only a few ‘yes’ voiced votes while there was a huge resounding ‘no.’

One of the most dramatic moments came when Sen. Crotts took the Well and proceeded to throw the Senate Rule book on the floor. He claimed that the request for a hand vote on SB 508 was disregarded by Sen. Brown. Next he took out the dictionary and went through a number of definitions including truth, honor, dignity, morality, etc.

Sen. Bart Ladd noted that 3 18 was a ‘black day’ for the Senate.

Sen. David Scott argued that democracy was at work in the Senate. He rose in defense of Sen. Robert Brown claiming that he was not a cheat or a crook and that people should remember that when pointing a finger that there were three pointing back.

Sen. Brown also took the Well stating that there were times of tough votes. He, however, claimed that he had slept well the night before and did not have a problem with his actions and could take the heat.

Meanwhile, actions drifted to other ideas. Sen. Fort took the Well and complained about predatory lending initiatives and the bill proposed by Governor Barnes which is supposedly to address such (claiming that it just maps out the process for predatory lending). He claimed that big dollars were influencing the process.

Prior to leaving the issue of SB 508 altogether, Sen. Tom Price made a motion to have SB 508 withdrawn from the Senate Rules Committee and sent back to the Senate Insurance and Labor Committee. The motion was ruled out of order.

In actual bills passed, the Senate did finally get around to working through a few. SB 330, presented by Sen. Greg Hecht, proposes to help provide safety for citizens using mass transit from acts and threats of terrorism. Amendments were made to the bill including additional powers for local governments which oversee air facilities in order to allow that law enforcement in counties which have either an airport or landing strip have jurisdiction within that facility. There were also restrictions placed on the types of items that a person may carry on buses, trains, or airplanes. Another amendment would allow items, otherwise prohibited, to be carried on privately owned aircraft, buses, or trains as long as the owner has given any passenger permission to board with such. A third amendment also allows law enforcement officers to make arrests within the airport or landing field and on any public property within a quarter mile of such. All three amendments described were adopted and the bill passed by Substitute by a vote of 49 to zero.

The much discussed gas bill, SB 500, also was passed, as amended by a vote of 36 to 16. This would be known as the "Natural Gas Consumers’ Relief Act." A number of amendments were presented and three were passed. This included a cap at $10 million.

Sen. Meyer von Bremen presented SB 517 concerning the appointment of an independent trustee in cases of conflict of interest between beneficiaries of a trust. This measure passed by a vote of 52 to zero.

Sen. Jack Hill presented the bill which proposes to assist the rural hospitals. SB 442 passed by Substitute by a vote of 49 to zero permits the Department of Community Health to award grants to rural hospitals for public health purposes.

The bill to allow MARTA to use 55% of its sales tax proceeds in order to subsidize its system operating costs for five years cleared the Senate, without amendments, by a vote of 48 to 5. The bill was presented by Sen. Nadine Thomas. The other MARTA bill, presented by Sen. Regina Thomas, SB 447, also passed by Substitute by a vote of 50 to zero.

The Senate also worked on finalizing the passage of SB 469, which was brought to the Floor on Monday by a Floor Substitute. This also passed without discussion. This provides for the establishment of a "crematory" and provides for licensing of such with inspections. Sen. Marable presented this bill which deals with the disposition of a dead body – if a person abandons or throws away a dead body or any portion thereof, he or she shall be committing the offense of "abandonment of a dead body." Additionally, there are amendments to O.C.G.A. § 31-33-2 regarding health records and what is provided to patients and providers. Healthcare providers which have custody and control of any "evaluation, diagnosis, prognosis, laboratory report, or biopsy slide" shall retain them for at least 10 years (unless the provider has retired or sold the professional practice and notified the patient of such and offered the records/copies to the patient or sent to another provider of the patient’s choice).

On the House side of the hall, it dealt with the Budget for 2003. The Appropriations Committee presented the bill, HB 1002, and after a great deal of discussion passed the bill, without amendments, by a vote of 144 to 29. The Senate will now work on its ideas for this Budget.

The House also worked on HB 1568, the Governor’s proposal to deal with concerns about the deregulation of natural gas. There is a "provider of last resort" in this bill which would be one regulated gas company which would be required to accept low-income customers. One of the requirements of this "provider" would be to provide service for those customers who have been previously disconnected for non-payment of their bills. Other provisions of the bill include a "Natural Gas Consumer’s Bill of Rights" in an effort to protect customers from fraudulent business practices and to help guarantee safe and affordable gas with accurate and timely billing. The Public Service Commission could also intervene if gas marketers were charging inflated prices or there was a monopoly in a region by three or fewer marketers (with 90% control). One of the concerns raised related to the exemptions given to large businesses, including hospitals, for ‘interruptible’ service. Rep. Skipper explained that he knew of the hospitals’ concern and would work on trying to address such. The bill, as written, would require hospitals (and many other businesses), to pay additional surcharges which had been previously been exempted (these surcharges would be collected directly from the customers by either the electing distribution company or the marketers). After lengthy debate on the bill and two amendments made, including the $12 million dollar cap for this surcharge, it passed through the House by a vote of 173 to 3.

Newly Introduced Legislation

SB 552 – Sen. Mike Polak has introduced an amendment to the State’s certificate of need laws in Chapter 6 of Title 31. This is due to the situation in Macon with the competition for open heart procedures. The bill would exempt expenditures for coronary care, open heart surgery, or heart transplants from compliance with the certificate of need provisions. The bill has been sent to the Senate Health and Human Services Committee.

SB 556 – Sen. Seabaugh has introduced an amendment proposal to Chapter 18 of Title 45 of the Code concerning a scheduled medical plan for the State’s employees insurance and benefit plans. This proposes to offer employees free choice of providers and full reimbursement of certain expenses. Providers would get 100% reimbursement of certain expenses. There would be scheduled amounts to be paid to providers for professional services and for hospital room and hospital nursery expenses using national and other available databases. The amounts would be set annually. There would also be a flat dollar amount for each medical procedure or service which the plan would pay after the annual deductible was satisfied. Also, there would be differential premium contributions and out-of-pocket amounts offered for those employees who adopt a "health lifestyle" and it proposes that the Sate provide employees with access to information regarding reimbursable amounts for services in order to help them compare service providers. The bill was sent to the Senate Insurance and Labor Committee.

SR 859 – Sen. Nadine Thomas dropped this Resolution recognizing National Sleep Awareness Week for April 1, 2002 through April 7, 2002.

SR 863 – Sens. Marable and others offered this Resolution requesting the assistance of the Tennessee Governor and General Assemblyin order to deal with recent events affecting the families in Walker County, Georgia. This has been sent to the Senate Interstate Cooperation Committee.

SR 864 – Sens. Eric Johnson and others offered this Resolution urging the United States Congress to pass, and the President to sign, legislation which would ban human cloning. This was referred to the Senate Health and Human Services Committee.

SR 910 – Sens. Stokes, Balfour, Polak, Tate, Price and Smith introduced this Resolution creating the Senate Economic Impact of Health Care Systems Regulation Study Committee. This is an effort to look at the certificate of need program and exclusive provider monopolies in regulated inpatient services which are detrimental to patients and healthcare providers. This has been assigned to the Senate Health and Human Services Committee.

SR 921 – The Senate honored a member with this Resolution offered by Sens. Hooks, Starr, Walker, and Johnson. This is a tribute to Sen. Hugh Gillis who has received the distinction of serving longer in a state legislature than any other person by completing 50 years in the Georgia General Assembly.

HB 1709 – Rep. Franklin and others authored this amendment to Article 3 of Chapter 5 of Title 28, the "Georgia Fiscal Note Act." This would require that any bill introduced which would result in the expenditure of state dollars to be attached with a fiscal note determination and if a bill was introduced without such, then it would be ‘out of order.’ This bill has been sent to the House Appropriations Committee.

HB 1715 – Reps. Holmes, Orrock, Drenner, Brooks, and Mobley offered this amendment to Article 1 of Chapter 11 of Title 43 concerning the prohibition of the use of mercury amalgam fillings by a dentist, under certain circumstances. This bill was referred to the House Health and Ecology Committee.

HB 1718 – Reps. Manning and Reece have introduced this Safe Place for Newborns Act of 2002 and had it engrossed. It will allow a mother to leave her newborn child in the custody of an employee, agent or staff member of a medical facility without being prosecuted for a crime as long as the baby shows no signs of harm. The bill has been forwarded to the House Judiciary Committee.

HB 1724 – Reps. Carl Von Epps and Jimmy Skipper introduced this bill, which the House engrossed, relating to the determinations of locations of a retail package store licensed by a municipality or county or county government. The bill has been forwarded to the House Regulated Beverages Committee.

HB 1726 – Rep. Squires has authored this amendment to Title 17 in order to grant counties and municipalities the authority to establish programs for compensation to owners and operators of property which is damaged by graffiti. This bill has been forwarded to the House State Planning and Community Affairs Committee.

HB 1751 – Reps. Orrock, Brooks, Henson, Gardner and Childers have introduced this amendment to Chapter 9 of Title 34 concerning workers’ compensation in an effort to provide for pre-approval of certain medical treatment or testing upon the failure of an employer (or its insurer) to respond to a request for advance authorization within a specified time frame. It also proposes for a notice to be provided to the State Board of Workers’ Compensation of any denial of recommended medical treatment or testing. The worker’s compensation insurer must send this notice within five business days of the denial and explain the reasons for the denial. The Board will then, within 30 days of receipt of a notice of medical treatment or testing denial, shall order a hearing on the issue by an administrative law judge. This has been forwarded to the House Industrial Relations Committee.

HB 1768 – Rep. Cummings has authored this amendment to Chapter 11 of Title 43 concerning the change of membership of the Georgia Board of Dentistry. This amendment proposes a Board comprised of 14 members rather than 11. Both dentists and dental hygienists would be included as representatives on the Board.

HB 1774 – Rep. Mobley introduced this amendment to O.C.G.A. § 44-14-231 regarding the statement of facts (affidavit) for a petition for writ of possession, jurisdiction, and oath in order to conform such to the requirements in O.C.G.A. § 9-10-113.

HR 1412 – Rep. Keen offered this Constitutional Amendment so as to provide that sales and use taxes for educational purposes shall be subject to any sales and use tax exemption with respect to the sale or use of food and beverages. This has been sent to the House Ways and Means Committee.

HR 1413 – Reps. Coleman and others have introduced this in an effort to create a House Paraprofessionals Study Committee. This is an effort to determine what school paraprofessionals do in the classroom and how these persons might help with the teaching shortage. This was forwarded to the House Rules Committee.

HR 1414 – Reps. Snelling and Murphy have proposed this Resolution supporting the new proposed school prayer amendment to the United States Constitution. This has been referred to the House Rules Committee.

HR 1415 – Reps. Orrock and others have proposed this Resolution commending the YWCA of Greater Atlanta on its 100th Anniversary.

Cross over bills:

SB 320 – Sen. Eric Johnson and others bill regarding the creation of the Georgia’s Homeland Defense Act has now crossed over to the House and is assigned to the House Public Safety Committee. This enacts and revises provisions of the law in order to guard against, deter, and punish acts of domestic terrorism and related offenses.

SB 472 – This bill concerning the self-administration of asthma medications by minors in school has now made its way to the House Health and Ecology Committee.

SB 474 – The bill authored by Sen. Mullis and others in response to the Tri-State Crematory issues has now crossed over to the House and is assigned to the House Judiciary Committee. The bill outlines offenses of the abuse of a dead human body. A crematory is defined as "any place where cremation is performed other than a hospital, clinic, laboratory, or other facility authorized by the Department of Human Resources for such purposes. This definition is added at O.C.G.A. § 43-18-1.

SB 476 – The Governor’s proposed Consumers’ Health Insurance Protection Act" which tightens the standards regarding pre-certification of procedures by a health insurer has now crossed over to the House Insurance Committee.

HB 1400 – Rep. Skipper’s bill in order to provide better transportation options between facilities for persons who are mentally ill is now in the Senate. It is assigned to the Senate Health and Human Services Committee.

HB 1402 – The bill proposed by the Governor to create a specialty license plate tag for breast cancer so as to provide for indigent women who need screening and treatment is now in the Senate and assigned to the Senate Finance and Public Utilities Committee.

HB 1407 – The Governor’s bill concerning the provision to allow faith-based organizations to get state funding in order to provide certain services to the public as long as these organizations are 501(c)(3) organizations. The bill is now in the Senate and assigned to the Intrastate Cooperation Committee.

HB 1457 – Rep. Buck’s broadening of the sales of interstate purchases of rifles and shotguns found in Article 6 of Title 10 has now made its way to the Senate and has been assigned to the Senate Finance and Public Utilities Committee. This proposes to allow Georgians to be able to purchase rifles and shotguns in any state (rather than a contiguous state) of the United States provided that the person conforms to the statutes and regulations of the United States, Georgia, and the state in which the purchase is made.

Committee News

A number of Committees will hold meetings during the next few days while the General Assembly stands in recess. Here’s additional information on Committee action taken recently:

The House Judiciary Committee reported on Monday that HB 917, the "Standby Guardianship Act" bill passed. This bill had a number of edits made.

The House Committee on Public Safety has reported out a Substitute to SB 168 in order to allow that operators of private detective and private security businesses can have certain arrest powers. The amendment is inserted at O.C.G.A. § 43-38-13 and provides that such licensees or registrants from these types of businesses who are employed to patrol, guard or render a similar service on certain property shall be granted the authority (and power to arrest) for a violation of state law, the laws of the several states, and the laws of the United States when such violation, whether a misdemeanor or felony, occurs in the presence of such person. The powers are limited to the property that the person is employed to patrol, guard, or render a similar service.

The House Insurance Committee passed a Substitute of HB 1693 which amends O.C.G.A. § 33-7-11.1 in order to include towing and storage costs in the losses for which a motor vehicle insurer must pay to a third party. The insurer would be required to pay "reasonable" benefits for losses and the towing and storage costs and the liability of the insurer for payment of benefits for losses, including total losses to the third which shall commence as of the time of the incident or occurrence which results in those losses. Also, the House Insurance Committee passed a Substitute to HB 1492 which inserts a new Code Section at 33-24-59.2 concerning the coverage for equipment and self-management training for diabetics. The law currently only requires insurers to offer coverage for medically necessary equipment, supplies, pharmacologic agents and outpatient self-management training and education, including medical nutrition therapy (for persons who are insulin dependent, insulin-using diabetics, have gestational diabetes, and non-insulin diabetes). This bill makes this an insurance mandate. Additionally, the insurer would only be required to pay as long as the person adheres to the "prognosis and treatment regimen" prescribed by the physician.

The House Special Judiciary Committee met and passed out a Substitute to HB 1656 which amends the "Fair Business Practices Act of 1975" found in Title 10 of the Code in order to add a new Section at 10-1-393.8 so that the failure of a credit counseling agency or any officer, employee, or agent to disclose certain information shall be an unfair and deceptive trade practice which is unlawful. Such disclosures would include: (1) any relationship which exists between the credit counseling agency and any creditor or organization of creditors; (2) any fee the credit counseling agency has received or anticipates receiving from any creditor or organization of creditors as a result of dealing with or renegotiating the debt of the debtor; and (3) the terms and length of any restructuring plan prepared, proposed, or presented to the debtor by the credit counseling agency, any creditor or creditors, or any organization of creditors; the amount of any periodic payments and the amount of interest included in such payments; and the amount of debt which will remain at the end of any such restructuring plan.

The House Special Judiciary Committee also passed HB 1585 by Substitute relating to cruelty to a person 65 years of age or older as outlined in O.C.G.A. § 16-5-100. The specific provisions of the bill include:

"(a) A guardian or other person supervising the welfare of or having immediate charge or custody of a person who is 65 years of age or older commits the offense of cruelty to a person who is 65 years of age or older when the person willfully deprives a person who is 65 years of age or older of health care, shelter, or necessary sustenance to the extent that the health or well-being of a person who is 65 years of age or older is jeopardized.
(b) The provisions of this Code section shall not apply to a physician nor any person acting under his or her direction nor to a hospital, skilled nursing facility, hospice, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards or who is acting in good faith in accordance with a living will as provided in Chapter 32 of Title 31, a durable power of attorney for health care as provided in Chapter 36 of Title 31, or the instructions of the patient or the patient’s lawful surrogate decision maker.
(c) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge or control of a person who is 65 years of age or older who in good faith provides treatment by spiritual means alone through prayer for the person’s physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person."

The Senate Veterans and Consumer Affairs Committee reported out SB 501 by Substitute which amends Chapter 11 of Title 31 concerning emergency medical services and provides for the licensure and regulation of air ambulance air services. An "air ambulance" is a rotary aircraft used or intended to be used for transportation of the sick or injured who may need medical attention during transport.

On March 18, 2002, the Senate Health and Human Services Committee reported out a Substitute to SR 428, Sen. Nadine Thomas’ Resolution in order to create a Senate Study Committee on the Shortage of Registered Professional Nurses. This proposes to look at issues including the statutory authority to allow nurses in advanced practice to execute prescription drug orders and reviewing mandatory overtime, staffing problems, weak patient-protection regulations, patient abandonment concerns and other professional and labor issues contributing to the shortage.

The Senate Banking and Financial Institutions Committee reported out a Substitute to HB 337 which is an amendment to Title 48 concerning the repeal of provisions regarding the selling and transferring of tax executions in lot blocks. Further, the bill amends O.C.G.A. § 48-4-5 so as to provide that if any excess exists after paying the tax, costs, and all expenses of a (judicial) sale, the tax commissioner or tax collector, shall then immediately file an interpleader action in the Superior Court for the payment of the amount of such excess. The excess would then be distributed to the interested parties, including the owner as their interests appear and in order of priority in which such interests appear, by the Court.

Budget News

On March 18, 2002, the House and Senate adopted the Conference Committee Report on HB 1001, the Supplemental Budget for FY 2002. Here are some highlights:

Court of Appeals:

- Governor’s recommendation was $83,809 (for additional personal service and operating expenses). House Appropriations Committee said zero which the House approved, but the Senate allowed for $2,000. The Conference Committee allowed for $2,000.

Superior Courts:

- Governor’s recommendation was for $435,558 for funding for coverage of mandated training for prosecutors. The House Appropriations Committee reduced that to $217,779 which the House agreed with and the Senate increased this to $220,779. The Conference Committee placed this at $220,779.

  • Governor’s recommendation for $337,067 for the addition of one automation technology manager and three technicians and to fund a study to automate the district attorney offices was reduced from $337,067 to $20,000 by the House, and the Senate added $5,000 for a total of $25,000. The Conference Committee zeroed these dollars out.
  • Governor’s recommendation for $303,408 for relocation of the State Bar Building was zeroed out by the House and the Senate concurred. The Conference Committee agreed with the General Assembly – no dollars.

Community Affairs:

  • Governor’s proposed reduction of $106,443 for Contracts for Regional Planning and Development received an add by the House so that the reduction will only be $53,540 and the Senate agreed with the House’s plans on this reduction. The Conference Committee restored the cut.
  • The Governor and the House had agreed to add $50,000 for start-up costs associated with the new Developments of Regional Impact (DRI) review process for the Georgia Regional Transportation Authority and the Senate zeroed that money out. The Conference Committee added back $50,000.
  • The Governor had proposed adding $1.5 million for the Georgia Cities Foundation in the Georgia Housing and Finance Authority. Both the House and Senate agreed; the Conferees took out this addition.
  • Two new items were proposed by the House and the Senate agreed (except as noted below):

a) Renovation of drivers’ license facility in Savannah for $100,000 (by House) and was reduced to $50,000 by the Senate. After haggling over this, the Conferees agreed to add $80,000.

b) Funding for capital murder trial in Bacon County in the amount of $100,000. The Conferees increased this to $256,000.

  • Two items not introduced before and added by Senate:

a) A reduction in the operating expenses for the Georgia Music Hall of Fame in the amount of $85,730. Conferees took this out.

b) An addition of $60,000 for the provision of funds for GHFA Rural Development Initiative. Conferees left these dollars in the Budget.

Conferees took the following action which had not been previously addressed:

a) Eliminate personal services for 3 vacancies for Georgia Music Hall of Fame in the amount of $45,000.

b) Increase funds for the REBA program in the amount of $2.2 million.

c) Yes language for ‘object class transfers’.

d) Provide $253,000 for the supplantation of agency funds.

e) $100,000 for the funding for the construction of an agricultural center in Greene County.

Community Health:

  • Governor’s recommendation of a reduction of $319 million for increased contributions from governmental entities participating in Medicaid program by utilizing upper payment limit credits in order to obtain federal matching funds was changed to $329.5 million by the House and the Senate concurred. [The UPL will not end until March; thus, there will be more federal dollars coming to the State.] Conferees decreased this By $470,461,591.
  • Governor’s recommendation for removing Generic and Preferred Brand dispensing fee incentive in Medicaid and PeachCare for Kids in the amount of $1.5 million was zeroed out by the House, but the Senate replaced the Governor’s recommendation of this reduction. The Conferees agreed to approximately half by only cutting $738,000 with a $.25 incentive fee.
  • Restoration of the proposed decrease of $250,000 proposed by the Governor for the start-up grants for community and migrant health centers was made by the House and the Senate agreed. The Conferees also felt that the dollars should be restored.
  • Three new items were proposed by the House:

a) $5 million for grants to Rural Hospitals for equipment and infrastructure as outlined in SB 195, and the Senate concurred with this. The Conferees concluded that this was good and left the dollars in the Budget.

b) $100,000 for provision of funding for the assessment and planning for a community health center in Wheeler County (which must be affiliated with critical access or rural hospital in order to be funded), but the Senate disagreed with this and zeroed this item out. The Conferees replaced the $100,000.

c) Language for provision of coverage for colorectal cancer screening as provided in HB 1100, which the Senate agreed with on this issue. Conferees also left this language in place.

  • The Senate proposed one new item:

a) $98,800 for funding of 5 pediatric residents at the pediatric residency program at Morehouse School of Medicine. The Conferees took the dollars out.

Education:

  • Governor’s recommendation of $250,000 for funding to conduct a statewide evaluation of staff development and development of new standards to effectively tie staff development to student achievement was increased to $1 million (this is for a coordinated study of staff development and teacher computer competency between DOE, Professional Standards Commission, the Board of Regents, RESAs, and the Leadership Academies) by the House, and the Senate concurred with the House change. The Conferees took this back to the Governor’s recommendation of $250,000 with the transfer of the computer competency contract to Regents "B" Budget.
  • Governor’s recommendation for $195,000 for Kids Health Inc. project, which uses a high-tech mobile classroom was zeroed out by the House. The Senate added back $25,000. The Conference Committee took these dollars out.
  • Governor’s recommendation for $89,886 for replacement of outdated textbooks and the purchase of two new vehicles at Atlanta Area School for Deaf for the Georgia PINES was increased to $200,257 by the House and the Senate agreed to this. The Conference Committee agreed with the House and Senate action and left in place the $200,257.
  • The Governor had proposed a $400,000 cut for the funding for the Knowledge is Power Program Academy which the House and Senate both agreed to. The Conferees installed a larger cut of $1 million.
  • Governor’s recommendation for the elimination of funding, in the amount of $306,000, for the Georgia High School Graduation tests analysis software, Remedial/SIA evaluation, other miscellaneous contracts and a reduction in internet access ($498,615) and to add a RESA coordinator contract and a Plains High School teacher to staff at the Carter Information Center ($192,615) was reduced further so as to remove the RESA coordinator contract with the new reduction in the amount of $425,000 by the House. The Senate took it back to the original position of a reduction in the amount of $306,000. Conferees left the amount of a cut of $306,000.
  • Conferees installed some additional items:

a) $500,000 cut for the additional funds in Internet Access due to delays in implementation of system upgrades.

b) $8,931,831 reduction to correct an error in Grades 9-12 funding of FTEs

c) A $32,000 addition for funds for the department’s schools of excellence.

d) A $61,200 addition for the Governor’s Honor’s Program at Valdosta State.

Georgia Bureau of Investigation:

  • Governor’s recommendation of a reduction in the amount of more than $1 million for regular operating expenses, equipment, per diem and fees, travel and computer charges received an addition by the House. So, the reduction will only be $500,000 (The House Appropriations Committee restored the regular and operating expenses of $528,441 and the per diem and fees in the amount of $240,441.) under the House proposal, and the Senate agreed with the House. The Conferees with the House and Senate.
  • The Senate took action on the Governor’s reduction of $733,264, which the House had agreed with, for the personal services for the Bureau in the amount of $722,844 and for the Criminal Justice Coordinating Council in the amount of $10,420 and made a restoration of some of the dollars so that the reduction will only be $698,264. Conferees agreed with a reduction of $448,264 and noted a DNA Data Bank with a reduction of $30,000.

Governor’s Office:

  • Governor’s recommendation for an addition of $122,720 was increased to $355,720 for GEMA in order to cover necessary disaster-related expenditures by the House, and the Senate agreed with the House action. Conferees agreed with House and Senate.
  • The Governor had recommended a reduction in the amount of $118,000 for the Governor’s Emergency Fund, and the House had restored most of this money for a reduction in the amount of $16,000. The Senate instead provided an addition of $734,000. Conferees agreed with a reduction of $341,000.
  • The Governor and the House had agreed that reduction of $128,495 be made to the awards of the State Arts Grants by the Council for the Arts to various recipients. The Senate restored those dollars and provided an addition in the amount of $73,505. Conferees agreed to an add of $46,505.
  • The Governor along with House and Senate had agreed with a reduction of personal services for the Office of Consumer’s Insurance Advocate in the amount of $25,333. Conferees increased this reduction to $55,333.
  • The Governor with the House and Senate had also agreed with a reduction of $69,034 for decreases to contracts and travel for the Office of Education Accountability. The Conference Committee deepened this increase to $244,034.
  • Governor and the General Assembly had also agreed with the reduction in personal services for the Office of Georgia Human Relations in the amount of $23,790. Conferees also deepened this reduction to $102,330 ($50,000 of this is contracts).
  • Other actions taken by Conferees:

a) Took out $300,000 in order to supplant State funds with Lemon Law funds in the Office of Consumer Affairs.

b) Added $8.5 million for funds to cover costs associated with the Tri-State Crematory clean up in Walker County.

Human Resources:

- Governor and House and Senate had agreed with a cut of $96,000 for training to caregivers of persons diagnosed with dementia. Conferees restored the dollars.

  • Governor had proposed a reduction in miscellaneous contracts in Administration of $234,453; the House restored some of these dollars so that the reduction would be $226,821 (providing back monies for the Intergenerational Resource Center and Center for the Visually Impaired), and the Senate agreed with the House action. Conferees left the House and Senate actions alone.
  • The Governor had proposed an addition of $598,750 for the support of the State’s ability to react to bioterrorism. The House had reduced this to $479,375; the Senate had increased it to $545,625. The Conferees reduced it to $45,625.
  • Governor’s recommendation for additional funding, to cover increasing costs of vaccinations for uninsured children, including the cost of a new pneumococcal conjugate vaccine, which protects against bacterial meningitis and ear and blood infections, in the amount of $873,354. The House did not recommend such; the Senate concurred with the House. Conferees agreed with the House and Senate’s prior actions.
  • The Governor had proposed an elimination of FY 2002 enhancement funding in Public Health for: Effingham County Health Department expansion in the amount of $50,000 (the House restored these dollars and the Senate agreed; Conference Committee kept the restored funds); Suicide Prevention in the amount of $150,000 (the House agreed with this elimination, but the Senate restored the monies – the Conference Committee agreed with the Senate and restored the dollars); and the Georgia Asthma Initiative in the amount of $75,000 (the House agreed with the elimination, but the Senate restored these dollars; the Conference Committee also kept the restoration).
  • Governor’s elimination of dollars for Babies Born Healthy in the amount of $2.5 million had money restored by the House so that the reduction is only $1.9 million, and the Senate agreed with the House action. The Conference Committee agreed with the $1.9 million.
  • Governor’s reduction of contract funding in the Division of Public Health had a number of changes:

a) Life Flight at GA Baptist Hospital (Governor recommended $100,000 reduction and the House Committee restored the dollars which the House agreed with, but the Senate put back in the reduction of $100,000). Conferees restored the dollars so that there would be no cut.

b) Savannah Memorial Hospital Trauma Helicopter (Governor recommended $50,000 reduction, and House Appropriations Committee restored the dollars which the House agreed with. However, the Senate agreed with the Governor’s reduction of $50,000). The Conferees restored the cut proposed by the Governor of $50,000 and then added $25,000.

c) Purchase of clotting factor by Hemophilia of Georgia (Governor recommended a reduction of $131,000 and the House and Senate agreed to restore these dollars). Conferees agreed with the restoration of funds.

d) Visiting Nurses Services (Governor recommended a reduction of $222,805, and House Appropriations Committee added $50,000 to bring reduction to $172,805. The House agreed with the Committee action. The Senate concurred with the House position.) Conferees agreed to restore $50,000 and the cut will be $172,805.

e) Scoliosis Screening by Children’s Healthcare of Atlanta (The Governor recommended a reduction of $43,000, and House Appropriations Committee restored the dollars which the House agreed with. The Senate agreed with the Governor’s reduction of $43,000). Conferees restored the dollars so that no cut would be taken.

  • Governor’s recommendation of elimination of a contract within the Division of Children and Family Services for the Hope House transitional home for homeless men in the amount of $100,000 was restored by the House, but the Senate replaced the full amount of the reduction. Conferees proposed only a $50,000 reduction.
  • Under miscellaneous contract reductions, the Governor had proposed $27,324 to be reduced and the House Appropriations Committee restored some dollars for the Center for Children and Young Adults, Inc. so the reduction will be only $25,068 which the full House agreed with as did the Senate. Conferees agreed with House and Senate action.
  • Governor’s elimination of funding in the Division of Mental Health, Mental Retardation, and Substance Abuse in the amount of $600,000 for residential treatment services for adolescents with mental retardation found incompetent to stand trial or deemed inappropriate for the Juvenile Justice System had a restoration of $150,00 so the reduction will only be $450,000 in the House, but the Senate took the elimination back to the full amount.
  • Governor’s reduction of contract funding within the Division of Mental Health, Mental Retardation, and Substance Abuse had changes:

a) The House restoration of the $100,000 cut proposed for the Emory Autism Resource Center was agreed to by the Senate. Conferees agreed Emory should not receive a cut.

b) The House restoration of the $10,000 cut for the Georgia Council for the Hearing Impaired was also agreed to by the Senate. Conferees also felt that no cut should be implemented.

  • The House had added in funds for the Elaine Clarke Center in the amount of $50,000; the Senate eliminated those. Conferees agreed to put in $50,000.
  • Other action taken by Conference Committee:

a) $609,111 cut in order to reduce funding for 47 of the 85 new slots added in FY 2002 for persons with developmental disabilities.

b) $3,356,146 cut for a reduction of State fund payments to CSBs to reflect a refund from the Merit System for excess 401K agency contributions.

c) A $100,000 addition to provide funding for the Renaissance Economic and Community Development Project.

Human Resources – Tobacco Dollars:

  • Governor’s recommendation of $5.7 million for the new contract funding for the Unite Georgia smoking prevention and cessation media campaign was zeroed out by the House Appropriations Committee, and the dollars were moved to increase the funding for the Cancer State Aid treatment program to provide medical benefits to uninsured persons with certain types of cancer, which the full House agreed with. The Senate, instead, put $4.3 million for the new contract funding for the Unite Georgia smoking prevention and cessation media campaign and only provided $2.5 million (up from the Governor’s recommendation of a little more than $2 million) for funding for the Cancer State Aid treatment program. Conferees agreed to put in $3,950,000 for funding for Unite Georgia. The Conference Committee also increased the funding for the Cancer State Aid treatment program to $3,521,660.
  • The Senate provided more than $1.5 million to fund the Georgia Institute for Lung Cancer Research. Conferees reduced this proposal to $300,000.

Industry, Trade and Tourism:

  • Governor’s recommendation for cut of $50,000 for the funding for Tri-Rivers Waterway Development was restored by the House, and the Senate agreed with the House action. The Conferees also restored this cut.
  • Governor’s recommendation for a reduction of $300,000 in the Yamacraw marketing funds was reduced further to $500,000 by the House, and the Senate concurred with the House. Conferees also felt that a deeper cut was needed and opted for the $500,000 reduction.
  • Additions were made by the House but eliminated by the Senate of the following:

a) Funds for the Georgia Shrimpers Association in the amount of $50,000. Conferees eliminated this.

b) Transfer of $150,000 from GA Technology Authority for the Connect Georgia Project. The Senate had disagreed with this but Conferees allowed the $150,000 transfer.

Conferees also added language for the realignment of object classes and added two new projects:

a) $150,000 for funding for the Georgia B2B.com project

b) Reduction of $250,000 in personal services.

Juvenile Justice:

  • A number of changes in the funding reductions proposed with various contracts and grants:

a) Augusta Mini-Theater, Inc. (Governor recommended reduction of $87,500 and the House recommended reduction only of $37,500, which the Senate agreed with.) Conferees agreed with the $37,500 reduction.

b) Wholistic Stress Control (Governor Barnes recommended a reduction of $57,500, and the House recommended zero. The Senate agreed with the Governor.) Conferees placed this reduction at $10,000.

c) Alternate Life Paths, Inc. (Governor recommended reduction of $35,586, and the House recommended none as did the Senate.) Conferees agreed that this program should not have a reduction.

d) Youth Enhancement Services, Inc. (Both the Governor and House agreed to a reduction of $31,250; the Senate restored these dollars.) Conferees provided that no reduction be made.

[Note: a-d were ‘special projects’ funded in 2001.]

  • The Senate proposed a reduction of the contract for Associate Marine Institution, Inc. in the amount of $88,750. Conferees agreed with this reduction of $88,750.

Department of Labor:

  • Governor’s recommendation had been to reduce funding for the Georgia Council of the Hearing Impaired in the amount of $59,442 (the House restored these dollars; the Senate proposed a reduction of $13,591.) Conferees agreed to restore all the proposed cut.
  • Governor’s recommendation included a reduction in the amount of $19,814 for the Technology Resource Center (The House restored those dollars, and the Senate concurred with the House.) Conferees agreed that no cut should be taken.
  • Governor Barnes and the House agreed to reduce funding for Job-Link in the amount of $23,777, and the Senate restored some dollars so that the reduction will only be $15,000. Conferees held the cut at $15,000.
  • The Senate proposed language to "fund existing funds 50 sheltered employment slots for the Easter Seal Program in Dublin." Conferees agreed to this language.
  • Conferees added $60,000 for the replacement of two cooling towers at the Warm Springs Institute.

Natural Resources:

  • Two additions were made by the House:

a) Transfer the more than $1 million in per diem and fees to contracts.

b) $250,000 to rebuild the boat ramps in St. Marys (This amount was reduced by the Senate to $125,000.) Conferees took this back to $250,000.

  • Two additions were made by the Senate:

a) $125,000 for Lake Allatoona Preservation Authority.

b) $200,000 for provision of assistance for Burke County Public Fishing Area. Conferees eliminated this money.

  • Conferees made the following changes:

a) $700,000 reduction for personal services due to hiring freeze

b) $219,243 reduction for Pollution Prevention division

c) $122,000 addition for planning and construction of a tenant farmer and mule statue at the Georgia Agricultural Exposition Authority

d) $140,000 for the purchase of exhibits for a new museum at Fort McAllister Historic Site in Bryan County

e) $175,000 for purchase of exhibits for new museum at Ft. McAllister Historic Site in Bryan County

f) $175,000 for purchase of equipment for a multi purpose educational building for the Georgia Agrirama Development Authority

g) $450,000 for funds for the completion of the master plan for George L. Smith State Park

h) $114,000 reduction in contracts

Public Safety:

  • The House had restored $400,000 in order that Governor’s proposed reduction of $1.7 million would only be $1.3 million for motor vehicle purchases due to increasing mileage replacement rate; the Senate agreed with the Governor’s position. Conferees placed this cut at $1.5 million.
  • The Governor had proposed an addition of more than $1 million for funds for a one-time capital expenditure to expand the State Operations Center to accommodate the Georgia Information Sharing and Analysis Center for the Response to Terrorism Project. The House and Senate agreed but Conferees eliminated this.
  • Conferees added $824,000 for additional computer charges and real estate rentals.
  • Conferees also added in $35,000 for moving expenses for the Peace Officer Standards and Training Council.

Board of Regents (parts A and B):

  • Additions were proposed by the House:

a) $645,000 for improvement of social studies curriculum for teacher education (The Senate agreed.)

b) $150,000 for funding the creation of a Public Service Institute for the Advanced Wood Products Industry of Georgia (The Senate eliminated this.) Conferees put in $75,000 for this.

c) $750,000 for provision of funds for the Special Initiative Funding for the implementation of the Military/Leadership program at North Georgia University (The Senate also eliminated this.) Conferees replaced this with $450,000.

d) $72,500 for a transfer of one position from GA Technology Authority to Regents (The Senate agreed with the House.) Conferees also agreed with House and Senate.

e) $78,000 for a Formosan Termite program (The Senate agreed.) Conferees agreed with this.

f) $250,000 for funds for personal services, operating expenses and equipment for the Poultry Veterinary Labs (The Senate also agreed with the House on this.) Conferees allowed these dollars to remain.

g) $30,000 for funds for the renovation of the Sutton Dining Hall at Rock Eagle 4-H Center (The Senate eliminated this.) Conferees restored this $30,000.

Some of the other actions taken by Conferees:

a) $250,000 reduction for defer equipment purchases for Cooperative Extension Service

b) $100,000 for defer equipment purchases for Agricultural Experiment Stations

c) $50,000 for funding for the Stripling Irrigation Park

d) $100,000 reduction for personal services funding to Georgia Public Telecommunications Commission

e) $300,000 addition for physical education facility improvements at Abraham Baldwin Agricultural College, Middle Georgia College and South Georgia College

Tobacco Funds:

  • The Governor had proposed $125,000 for Georgia Public Telecommunications Commission to support outreach efforts for statewide Cancer Coalition which remained in budget with Conferees.
  • $3 million, proposed by Governor, for seed capital fund to support the growth and development of a statewide biotechnology and associated life sciences industry which also remained with Conferees action.

Revenue:

  • Governor’s recommendation to add $395,367 for an expected personal services shortage in the Information Systems division was eliminated by the House, and the Senate concurred with the House. Conferees agreed with this reduction.
  • Governor’s recommendation for $3 million for funding contract technology support for departmental tax system and local area networks was reduced to $2 million by the House, and the Senate increased this to $2.8 million. Conferees agreed to fund this at $2.4 million.
  • The Governor’s recommendation of more than $1.8 million for funding hardware and software maintenance contracts, which cover services such as application updates and vendor technical support, was reduced to $1.5 million by the House and remained that way with the Senate. Conferees held this at $1.5 million.
  • Relocation expenses for the Department for facilities in Clayton and DeKalb Counties were proposed by the Governor in the amount of $5.1 million; the House and Senate kept this at $4 million. Conferees returned this to the Governor’s position.
  • Conferees added $40,500 for regular operating expenses and postage for Departmental Administration.

Secretary of State:

  • The Senate added $250,000 for the provision of a library to house genealogical artifacts in Toombs County. Conferees placed these dollars in Regents Budget.
  • Conferees added:

a) $100,000 for transfer of funds from the Superior Courts for telecommunications.

b) $30,000 for additional operating expense for the Drug and Narcotic Program.

Soil and Water Conservation Commission:

  • An addition of $150,000 for increased funds to recover past shortfalls from water planning programs was done in the House, and the Senate concurred. Conferees agreed with House and Senate action.
  • Conferees also added $165,000 for renovations of the Flint River Water Policy Center.

Technical and Adult Education:

  • Two additions proposed by the House:

a) $589,121 for Quick Start funding (the Senate concurred). Conferees left these dollars in Budget.

b) $50,000 for expansion of the SHARE program at Altamaha Tech (the Senate removed this). Conferees replaced the $50,000.

  • Conferees made additional changes. Some were:

a) $150,000 for design funding for the Rural Economic Development and Technology Center at East Georgia College.

b) $70,000 for planning and pre-design of Middle Georgia Child Development Center and Media Center Expansion.

c) $120,000 for planning and pre-design of Okefenokee Allied Health, media Center and Classroom Building.

d) $120,000 for planning and pre-design of an Allied Health Building at Atlanta Technical College.

Bond – Sinking Fund:

  • The House added $21 million (This includes the reduction which the Georgia Research Alliance had – the Governor had recommended it receive $.5.2 million and the House Appropriations Committee only recommended $4.9 million so as ‘to share the pain’. It also includes the elimination of the $3.3 million for the expansion of the golf course at Gordonia Altamaha State Park to 18 holes – Rep. Walker stated that the Committee did not want to send the wrong message presently due to the economic situation even though the State’s golf courses were profitable. There was also an increase in funds in order to purchase a new Bell 407 helicopter as the old one was nine years old and needed $900,000 in repairs – this new helicopter will cost $452,000 in bonds. The overall increase in the bond package was 3%, which is supposedly well within the Constitutional limits on debt the State can have.)
  • The Senate also made changes to Bond funds such as dropping the $4.2 million for Athens Business Technology Building to $3.4 million; $5.2 million proposed for the Georgia Research Alliance which was reduced by the House to $4.9 million and further reduced by the Senate to $4.4 million; etc.

- Conferees basically re-wrote the Bond portion of the Budget. The Governor had proposed more than $658,000,000 and the House and Senate had taken this to more than $661,000,000. Conferees placed this at $687,000,000.

Other

The House has now agreed with the Senate’s action on HR 126 which is a proposed Constitutional amendment so that persons who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in Georgia.

The General Assembly will reconvene on Monday, March 25, 2002.

On Monday afternoon, the Senate Human Development Subcommittee of Senate Appropriations will meet to finalize the 2003 Budget recommendations.