Greetings from the Gold Dome!  Legislators returned to the Capitol today for the twenty-eighth legislative day.  

Floor News  

          On the Senate side, SB 1 passed the Senate by Committee Substitute with a vote of 54 to zero.  This was the Lt. Governor's bill concerning child endangerment.  A provision of the bill includes the addition of a new subparagraph (b) to O.C.G.A. § 16-2-1 :  

"Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby."  

It also adds a new subparagraph (f) in the law at O.C.G.A. § 16-5-70 :  

"The offense of cruelty to children in the third degree shall not be merged with a forcible felony, battery, or family violence battery, nor shall such offense be merged into another violation of cruelty to children in the third degree, and each violation shall be considered a separate offense."

Some of the bill's opponents were greatly concerned about the bill's ability to deal with children who are victims of domestic violence.  Many believe that the reporting requirements of cruelty to children offenses may somehow endanger the lives of women and their children rather than protect them.  

          Another bill which was debated on the Floor was SB 2, the bill dealing with reapportionment and redistricting.  After much discussion, it passed by a vote of 33 to 21.  

          Sen. Meyer von Bremen's bill dealing with imposition and collection of nuisance abatement liens also passed the Senate by Committee Substitute by a vote of 50 to zero.  One of the bill's provisions is that it establishes a new definition for "interested party" in O.C.G.A. § 41-2-8 (6):  

"(A) Owner; (B) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (C) Those parties having filed a notice in accordance with Code Section 48-3-9; (D) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. 'Interested party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (E) Persons in possession of said property and premises."  

The bill also clarifies the procedures for such abatement proceedings and establishes enforcement processes.  

          Sen. Mitch Seabaugh's bill dealing with pyrotechnics displays also cleared the Senate by a vote of 52 to zero.  The Committee Substitute defines "pyrotechnics" as fireworks.  The bill establishes procedures for approval of indoor use of fireworks in an effort to prevent a tragedy in Georgia from occurring such as what Rhode Island previously experienced.  Another specific provision in the bill establishes a new Code Section at 25-10-3.2:  

"(a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, or detonation of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner.
(b) All applicants must meet the following requirements for licensure:
(1) The applicant shall submit to the Safety Fire Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia . The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as specified by the Safety Fire Commissioner. An insurer that provided such coverage shall notify the Safety Fire Commissioner of any change in coverage;
(2) The applicant shall pay the required licensing fee as prescribed in Code Section 25-10-5; and
(3) The applicant shall comply with all rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter.
(c) Any violation of this chapter shall be grounds for revocation or denial of licensure to conduct pyrotechnic displays."

          One of the civil action reform measures also cleared the Senate.  SB 217, by Sen. Eric Johnson, passed with a Floor Amendment by a vote of 52 to 2.  The bill rewrites current law in Chapter 11 of Title 9 on how class actions are handled.  The bill was brought to the Senate's attention by Home Depot and basically follows the Federal Rules for how classes are formed.  Additionally, new language is added in subparagraphs (f) and (g) (of O.C.G.A. § 9-11-23 ) so that orders dealing with class certification may have an interlocutory appeal.  The Floor Amendment limits the appeals:  

"Following adjudication on appeal or, if the initial appeal is to an intermediate appellate court, adjudication of the action on any writ of certiorari granted by the Supreme Court of Georgia, if the class is not to be certified, the stay in the trial court shall automatically dissolve and the trial court may proceed to adjudicate any remaining individual claims or defenses. If, after such appeal or procedure on writ of certiorari, the class is to be certified, the stay shall likewise dissolve and the trial court shall proceed with adjudication on the merits. Such certification shall constitute a final and binding determination with respect to that class for the remainder of the adjudication of the action."  

An income tax-related bill cleared the House today.  HB 383 exempts from state income taxation the military pay of National Guardsmen and military reservists who have been called into active duty and are serving in a combat zone.  This may cost the State between $2.4 million and $4.8 million.  The bill received unanimous approval, even with the tight budget.  

The HOPE scholarship was also amended today when HB 341 passed.  It extends the benefits of the scholarship to students who attend private colleges and universities on a part-time basis.  (HOPE currently funds full-time students at private schools, and both full- and part-time students at public schools.)  

HB 236 also passed by a vote of 161 to 7.  This relates to insurance fraud and adds insurance fraud to the list of crimes which could be prosecuted under the RICO statutes.  This is to provide some flexibility for officials to prosecute such crimes.  It was pointed out that application of the RICO statute would require intentional acts or conspiracy to commit fraud on the part of the defendant.  

There were some other items passed by the House which included:  

·        HB 352, which allows a person who has filed a complaint with the licensing board to receive information reports on the status of their complaint.  It also requires a full report, at the conclusion of a Licensing Board decision, to be provided to the person.

·        HB 638, which proposes to include the employees of critical access hospitals into the State Health Benefit Plan (this will help lower the numbers of uninsured Georgians).

New Legislation  

SB 282 – Sen. Cheeks and others have authored this amendment relating to the State Health Benefit Plan at O.C.G.A. § 45-18-20 in order to provide that any person otherwise eligible for coverage who is declined healthcare coverage because he or she was covered under a health insurance plan offered by the federal government based upon prior military service may begin or resume participation in the State's health plan.  There is a caveat that this is only in the event that the federal health insurance plan is abolished or amended in such a way as to render the member ineligible for the coverage.  The State employee would have to offer evidence of eligibility; otherwise, the employee would be entitled to coverage under the State's plan on the first day of the month following the month in which the board is satisfied that the employee is eligible.  

SB 285 – This measure by Sen. Hamrick will require notification of a coroner upon the death of an individual who has been receiving compensated care.  The bill amends O.C.G.A. § 45-16-21(1.2) and defines "compensated care" as: "services provided by a private home care provider, as defined in paragraph (4) of Code Section 31-7-300; a home health agency, as defined in paragraph (2) of Code Section 31-7-150; a community living arrangement, as defined in paragraph (16) of subsection (b) of Code Section 37-1-20; or a long-term care facility, as defined in paragraph (2) of Code Section 31-8-51."  Further, deaths which are "suspicious or unusual" which have occurred after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission or while receiving compensated care or within 30 days of having received such care, whether attended by a physician or not, and notwithstanding any other provision of law which authorizes, but does not require, the coroner or county medical examiner to conduct an investigation" will require notification of a coroner.  See O.C.G.A. § 45-16-24(a).  There are also penalties for failure to make proper notification to the coroner or medical examiner.

SB 298 – Sen. Seabaugh and others have proposed this change requiring divorcing parents to participate in education classes that focus on the effect of divorce and separation on children.  This proposal would add a new Code Section at 19-5-1.1.  This would apply to those persons with children under the age of 18.  The education classes would commence within 20 days of filing the petition for legal separation or divorce.  The education would be provided by one of the following: A) A marriage and family therapist, social worker, or professional counselor licensed pursuant to Chapter 10A of Title 43 or psychologist licensed pursuant to Chapter 39 of Title 43; (B) An unlicensed therapist acting under the supervision of a licensed marriage and family therapist, licensed psychologist, licensed social worker, or licensed professional counselor; (C) A member of the clergy; or (D) A person acting under the supervision of a member of the clergy.  Four hours of education would be required and a certificate of completion is required.  There are some caveats when this would not be required (such as when service of process has been satisfied by publication; when one of the parties is serving a sentence in the Department of Corrections; when the youngest child is within 6 months of his or her 18^th birthday; when one of the parties does not live in the State; or when the parties have been living separate and apart for more than five years).  Further, the bill requires that the Georgia Superior Court Clerks' Authority shall track data such as the total number of petitions for divorce filed annually; the numbers of petitions for legal separation filed annually; number of divorce decrees; etc.    

SB 299 – Sens. Hamrick and Tolleson have introduced this change relating to felonious acts of fraud relating to certificates of title, security interests, and liens.   It amends O.C.G.A. § 40-3-90 and adds a new subsection (b):  

A person who, without fraudulent intent:
(1) Alters, forges, or counterfeits a certificate of title;
(2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed;
(3) Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited;
(4) Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title;
(5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 40-3-27; or
(6) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction
shall be guilty of a misdemeanor of high and aggravated nature.  

SB 301 – Sen. Levetan and others have authored this change relating to special license plates for persons with disabilities in O.C.G.A. § 40-2-74.  It proposes to provide that a person may obtain a special license plate for his or her parent who has such disabilities.  Currently, this may only be done by a practitioner of the healing arts for the owner or the owner's spouse, child or ward.  

SB 302 – Sen. Levetan and others have proposed changing O.C.G.A. § 40-6-228 and changes the provisions relating to persons who are authorized to enforce restrictions on parking for persons with disabilities.  Currently, a person with disabilities as defined in O.C.G.A. § 40-6-221(5) may do such; the bill strikes this requirement.  

SB 303 – Sens. Fort, Reed, and Thomas have authored this legislation amending Title 34 which will require the State and certain employers who contract with (those contracts for $10,000 or more) or receive financial assistance from the State or a State agency to pay their employees a living wage.  This will also apply to any subcontractors and any entity receiving an economic development incentive.  This will apply to those employers whose employees do not receive healthcare benefits. The living wage is computed for a market area by 1) multiplying the fair market rent for the market area by three to obtain the gross monthly income; 2) multiplying the gross monthly income by 12 to obtain the gross yearly income; and 3) dividing the gross yearly income by 2,080 to obtain the hourly wage.  The market area means the area designated by the United States Department of Housing and Urban Development in which the employer's office is located at which an employee works or is based.  

SB 304- Sens. Fort and Levetan have co-authored this bill proposing the creation of the Georgia Rx Plan for Seniors Act. This is an effort to provide affordable access to medically necessary prescription drugs for qualified senior residents of Georgia who do not qualify for Medicaid.  This would help persons 65 years of age or older and would require that the person live in Georgia for at least six months and meet the criteria of the prescription program.  This program would be established under the Department of Human Resources' Division of Aging Services, which would then oversee such program.  It would be established on July 1 of the year in which funds were appropriated (Section 1 of the bill) and would otherwise become effective on July 1, 2003 .  

SB 306 – Sen. Lee has proposed amending Title 15 of the Code in an effort to create the Courts Technology Advisory Board.  This Board would promote improved and consistent use of technology in the court system and would also assist in the creation and organization of integrated technology systems between the various courts and other state and local agencies. The Board would also receive and consider for recommendation and approval any technical hardware or software standards for the courts and any classes for the courts to attend.  Members of the appellate courts, superior and state courts, juvenile courts, probate courts, magistrate courts, and prosecuting attorneys would be representatives on this Board.  

SR 262 – Sen. Henson and others have authored a proposed Constitutional amendment to provide for a special license plate promoting charitable organizations so that the revenue derived from such plates can be provided to the charities' foundations.  This would amend Article III, Section IX, Paragraph VI.  

SR 273 – Sen. Price and others have offered this Resolution creating the Senate Commission on Georgia State Government Cost Control and the Senate Private Sector Advisory Committee on Georgia State Government Cost Control.  This nine member Commission will develop plans for coordinated state government-wide activities which attack fraud and waste and promote economy and efficiency in government programs and operations.  The Committee will be established by the Commission and shall consider providing recommendations in such areas as:  "1) opportunities for increased efficiency and reduced costs in state government that can be realized by executive action or legislation; 2) areas where managerial accountability can be enhanced and administrative control can be improved; 3) opportunities for long-term and short-term managerial improvements; 4) specific areas where further study can be justified by potential savings; and 5) information and data relating to governmental expenditures, indebtedness, and personnel management."   

HB 747 – Rep. Smith and Rep. Mosley have co-authored this bill amending O.C.G.A. § 26-2-268(a).  It relates to the expiration dates of eggs.  It addresses the "stock rotation prefixes" such as 'EXP', expiration date, sell by, not to be sold after date on end of carton, purchase by, last sale date on end of carton and other similar prefixes.   If these are used, then the date shall not exceed 45 days.  

HB 748 – Rep. Buck along with others have proposed amending the law concerning 'enterprise zones' in O.C.G.A. § 36-88-3.  It changes some definitions such as "business enterprise" which now includes a business engaged primarily in the retail business (as well as those in manufacturing, warehousing and distribution, processing, telecommunications, tourism, research and development industries, new residential construction, and residential rehabilitation).  The definition for 'service enterprise' is also expanded to include those primarily engaged in day-care activities (others already included are finance, insurance, and real estate activity or activities as listed under the Standard Industrial Classification Codes 60-67 according to the Federal Office of Management and Budget Standard Industrial Classification Manual, 1987 edition).  

HB 757 – Rep. Smith and others have introduced another measure concerning the labeling of information concerning the expiration dates on eggs.  Currently, eggs' expiration dates are 30 days from the date on which they were packed in their cartons.  This extends the expiration date to 45 days from the date on which they were packed.  See O.C.G.A. § 26-2-268(a).  

HB 758 – Rep. Lane and others have proposed amending the post-judgment garnishment proceedings.  This amends O.C.G.A. § 18-4-60 relating to the right to a writ of garnishment.  It adds that "no clerk of any court of this state shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action authorized under this Code section if at the time of such filing the records of the court show that the plaintiff has paid any such cost or fee upon filing any previous garnishment action in such court on the same money judgment."  

HB 760 – Rep. Harrell and Rep. Dooley have co-authored this measure amending O.C.G.A. § 31-1-3.2(d).  This relates to hearing screenings provided to newborn infants.  The bill requires that information will be available regarding resources for the intervention and treatment of newborn infants with hearing loss and strategies for augmenting such resources to assure that identified infants have access to appropriate follow-up services.  The bill also extends the sunset provision for the newborn hearing screenings from July 1, 2005 until July 1, 2010 .  

HB 762 – Reps. Floyd and Marin have introduced this amendment to O.C.G.A. § 44-7-12 and 44-7-55.  It relates to the removal of trade fixtures during the term and when property is abandoned.  It expands what can become the landlord's property: "after the term and his or her possession are ended, any trade fixtures or other goods of the tenant remaining will be regarded as abandoned for the use of the landlord and will become the landlord's property."  If a writ of possession is issued, then the "writ of possession shall authorize the removal of the tenant's goods from the premises and the placement of the same on some other portion of the landlord's property but not on the street or sidewalk; provided, however, that the landlord shall not be a bailee of such goods and shall owe no duty to the tenant regarding such goods other than not to willfully destroy or damage such goods."  

HB 769 – Rep. Dean has proposed this change to O.C.G.A. § 48-4-45 concerning redemption of property sold for taxes.  This change pertains to the notice of foreclosure of the right to redemption: "after 12 months from the date of a tax sale, the purchaser at the sale or his or her successor in interest may terminate, foreclose, divest, and forever bar the right to redeem the property from the sale by complying with this Code section and causing a notice or notices of the foreclosure to be given as provided in this Code section and Code Section 48-4-46.  The purchaser or his or her successor in interest shall conduct a 40 year title search on the subject property to determine the identity of persons entitled to notice.  The purchaser or his or her successor in interest shall then cause a notice or notices of the foreclosure."  The current law only requires a notice to be sent by registered or certified mail or statutory overnight delivery.  This requires two such notices sent in two different weeks and it must also be sent by regular mail.  The bill also establishes steps to be followed if service cannot be perfected by the sheriff or the notice is returned.  These steps require an examination of the addresses on the instrument; a search of the current telephone directory for the county where the subject property is located; etc.  Additionally, a notice must be posted on the property which is at least 4 feet by 6 feet in size which states that the property is to be foreclosed (language for the notice is included in the bill).  

HB 763 – Rep. Floyd and others have introduced this change in O.C.G.A. § 32-6-133 pertaining to promulgation of regulations.  It states that none of the regulations shall provide that no permit shall be issued for construction of a new commercial driveway for any multi-family dwelling units which collectively exceed a 25 family capacity unless the premises for such dwelling units contain a designated school bus loading area designed so as to allow a school bus to be entirely off the public roadway when receiving or discharging school children at such premises."  

HR 405 – Rep. Ralston has offered this Constitutional Amendment to Article III and adds a new Section XI so that Georgians shall have the power to enact, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution and to repeal statutes and amendments to statutes.  The resolution establishes a petition process which requires signatures from each congressional district by a number of the registered electors equal to 10% or more of the total number of electors who were registered and eligible to vote for candidates for the office of Governor in the last preceding gubernatorial election in that congressional district.  

HR 408 – Rep. Morris has authored this Resolution crating the Joint Study Committee on Legislative and Congressional Redistricting.  It would be composed of 12 members (three appointed by the Speaker; three by the President of the Senate; three by the Governor; and three by the Chief Justice of the Georgia Supreme Court.  It would look at the current legislative and Congressional redistricting process.  

Committee News  

House Ways and Means Committee  

          Rep. Gail Buckner's bill, HB 58, was reported out of Committee on March 24, 2003 .  This provides for additional requirements of the State Revenue Commissioner in the event a tax lien is erroneously placed on the property of a taxpayer.  It specifically amends O.C.G.A. § 48-2-85: "in any case where it has been finally determined either judicially or administratively that a taxpayer's property has erroneously been made subject to a state tax lien, the commissioner shall not correct the department's records regarding the taxpayer merely to reflect that the issue has been resolved but shall affirmatively remove all such references to such erroneous lien from such records."

House Insurance Committee  

          This Committee passed out HB 619 amending Title 33.  This is Chairman Lord's bill carried by Rep. Harbin which provides for the issuance of group accident and sickness insurance under a franchise group plan.  This apparently is already being done by Golden Rule Insurance Company.  The bill also adds language which states that the "implementation of this subsection or the marketing, sale, or purchase of insurance authorized under this subsection shall not be contingent upon the promulgation of rules or regulations by the commissioner."  

          This committee also reported out HB 721 which is the bill by Rep. Curtis Jenkins prohibiting the use of Social Security numbers as the identifying number on insurance identification cards.  Comprehensive changes were made to the insurance identification cards a few years ago and this is an attempt to prevent identification fraud.  This change will be inserted in O.C.G.A. § 33-24-57.1 and would become effective on policies issued on or after July 1, 2004 .  

House Governmental Affairs Committee  

          The House Governmental Affairs Committee reported out HB 597 which reduces the numbers of members of certain oversight Boards in an effort to reduce the Secretary of State's costs for administering such.  Included in such reductions are the Board of Registration of Foresters; State Board of Pharmacy; State Board of Accountancy; etc.  This is an effort to reduce boards with six or more members in order to trim costs for the State.  

House Committee on Banks and Banking  

          HB 213 has been reported out of the Committee.  It amends Chapter 15 of Title 10 and proposes to place restrictions on information which may be printed on receipts for certain payment card transactions.  This limits a merchant from printing more than 5 digits of the payment card's account number or print the payment card's expiration date on a receipt provided to the cardholder.  This would not apply to those which are done by handwriting or by an imprint or copy of the payment card.  The bill strives to limit fraud on the use of a credit or debit card.  If a business violates the provisions in the bill, then it can be imposed a civil penalty of not more than $500 for each customer's record which contains personal information (a total of $10,000 may be levied upon a business) which has been wrongly discarded or disposed.  Otherwise, there are penalties for printing the information ($250 for the first violation).  

Senate Economic Development Committee  

          Sen. Mullis' Committee met and discussed several measures.  It passed SB 150, Sen. Gillis' bill dealing with price gouging by hotels and motels during special sporting events.  The bill prohibits 100% pricing increases during special sporting events by hotels and motels within a 50 mile radius of the event.  

          Another bill passed by the Committee was Sens. Dan Moody and Brian Kemp's bill, SB 273, dealing with the use of private funds to help build public infrastructures (such as schools, water systems, etc.).   The bill helps minimize the use of public dollars in order to develop such projects.  SB 273 was modeled after Virginia law.  

          This Committee also took up Sen. Brush's bill, SB 131, dealing with sparklers (it amends Title 25).  It changes the current definition in the law of what "fireworks" are:  "the term 'fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models; wire or wood sparklers of not more than 100 grams of mixture per item; other sparkling items which are non-explosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes; snake and glow worms; trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture; toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap; nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes."   The bill also amends O.C.G.A. § 25-10-2 and makes it illegal for stores to sell such "fireworks" to children under the age of 16:  "it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under 16 years of age any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are non-explosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture."  The concern has been that small children will have more ready access to sparklers which could produce severe burns if mishandled.  There was discussion on raising the age from 16 to 18 but that change was not made.  After a tie vote on the bill's passage, the Chair broke the tie and the bill passed.  

          This Committee also passed out a Committee Substitute on HB 225 concerning the World Congress Center Authority Overview Committee.  It changes the composition of the authority from six to ten members.  

          There were also three bills dealing with bingo issues which passed:  HB 87; HB 134; and HB 279.  None of these contain language to address video poker issues.

Other  

HB 215 - Rep. Golick's bill relating to the use of credit and credit scoring information in underwriting or rating risks by insurance companies (it establishes a new Article 4 in Chapter 24 of Title 33), has now crossed to the Senate and has been assigned to the Insurance and Labor Committee.