April 2, 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

Greetings! Today was hectic for all concerned. The Senate worked a full day in order to get through several bills on its calendar while the House recessed so that the Speaker and others could possibly take Opening Day at the ballpark. Rumors also are circulating as to when Sine Die will occur – now the latest news is that it could possibly take place either next Thursday, April 11, 2002 or Monday, April 15, 2002. The holdup now is primarily due to the Court’s decision on redistricting as the Senate’s Green Door has worked its way through the 2003 Budget and Conferees will haggle now over the details once the Budget bill clears the Floor. As you know, the days are getting fewer as this was Day 36…

Floor News

The Senate passed a number of bills on its Calendar, some of which include:

HB 1368 – This bill provides for some ease in renewal applications for drivers’ licenses. It is to address the long lines that Georgians have encountered at the Drivers’ Licenses Offices. Rep. Smith, the Governor’s Floor Leader, has moved this Legislation along in an effort to allow for the mailing or electronic transmission of these renewals.

HB 1025 – Rep. Buck’s bill which amends the current law pertaining to sales tax exemptions for urban transit systems passed the Senate by a vote of 45 to one.

HB 1313 – Rep. Birdsong’s bill which increases the amount of the excluded retirement income subject to income taxes passed by a vote of 52 to zero. An attempt was made by Sen. Johnson to amend the bill, but the amendment failed.

HB 1040 – The oft discussed amendment to the hospital lien law bill which proposes that a traumatic burn care medical practice may file such hospital liens in an effort to get paid for the costly care provided in the State’s two burn units has now passed out of the Senate. There was great concern that tinkering with this portion of the Code only sets a precedence that would allow other specialty medical practices to file such liens. The bill passed by a vote of 51 to zero.

Another bill on the Senate’s Calendar was HB 585. Two Floor Amendments were offered and then adopted. Due to the length of the amendments, the bill had be held for a final vote under Rule 143. HB 585 is the licensing bill for pharmacy benefit managers which is in an effort to require that any pharmacy benefit manager practicing pharmacy in Georgia must be a licensed pharmacy and also requires that such entities undergo inspections. Reps. Graves and Parham were instrumental in moving this bill along after it was introduced in the 2001 Session.

On the House side, the topic which was most discussed was SB 32 a bill dealing with elections. The bill proposes that each county in Georgia would be required to form a county Board of Elections and Registration. These Boards would be comprised of five members. Specifics of this Board would require two members from the political party whose candidate received the most votes for Governor in the last statewide election; two members from the party which was the runner-up in the last Gubernatorial race; and one 'at large' member who would be selected by the county's superior court judge from a list of candidates provided by the other four members. These county boards would conduct all primary, general, and special elections as well as oversee the county's voters' registration and absentee balloting processes. There is a provision to address any conflicts of interest. Many debated the impact on the smaller, rural counties which utilize probate court judges to oversee their elections. Additional flack about the bill was raised about the expenses involved as these Board members are to be paid a per diem for official duties. Proponents of this legislation believe that this will bring uniformity to the State's elections. When the votes were taken, it only mustered up 88 yeas and needed 91 for passage. In an effort to save the day, a motion to reconsider was made which passed by a vote of 85 to 79. The bill is eligible for re-voting in the coming days. Other items on the House calendar today:

SB 409 - Allows the Georgia Building Authority to start up and operate child care and child development facilities for the children of state employees.

SB 530 – This establishes a continuing education requirement for Bail Bondsmen with the curriculum to be established by the Georgia Association of Professional Bondsmen.

SB 347 – This bill proposes to exempt commercial trolling fishermen from the creel and possession limits for whiting, spot, and Atlantic croaker. An amendment was added to exempt non-commercial pole fishermen from the possession limits for whiting only.

Newly Introduced Legislation

HR 1536 – Reps. Henson, Childers, Drenner, and Parham have introduced this Resolution urging for increased awareness, education, and data gathering on the issue of Hepatitis C. This impacts 100,000 Georgians on an annual basis and with detection through blood screenings there is a possibility that a number of the cases can be treated. The Resolution urges that the Department of Human Resources is to place greater emphasis on the public health implications of such illness.

HR 1537 – Reps. Snelling, Barnes, Cox and Houston have introduced this Resolution urging the State Board of Education and Department of Education to develop policies and curricula concerning teaching "credible ideas, opinions, and theories about certain controversial subjects" and to urge the development of training for teachers about such controversial subjects (this is to recognize that a quality science education should prepare students to distinguish data and testable theories of science from religious or philosophical claims that are made in the name of science).

Committee News

The Senate Finance and Public Utilities Committee met today and passed out the Governor’s bill, HB 1402, which creates a prestige license tag for breast cancer. The bill will provide that the additional funds generated from the sales of such tags go towards funding screening and treatment for women who may have breast cancer that are otherwise unable to afford such care.

Another one of the Governor’s bills, SB 476, is now scheduled to be placed on a Subcommittee agenda in the House Insurance Committee on Thursday afternoon at 2:00 o’clock p.m. This bill outlines what insurers must do in an effort to clarify pre-certification of treatments and procedures and verification of insurance benefits.

Yesterday, the House Committee on Agriculture and Consumer Affairs passed a Substitute to SB 370. This bill amends Chapter 5 of Title 4 known as the "Dead Animal Disposal Act." Dead animals means "the carcasses, parts of carcasses, fetuses, embryos, effluent, or blood of livestock, including, without limitation, cattle, swine, sheep, goats, poultry, ratites, equine, and alternative livestock; pet animals associated with pet dealers, kennels, animal shelters, or bird dealers licensed by the Georgia Department of Agriculture; animals processed by commercial facilities which process animals for human consumption; and animals associated with wildlife exhibitions." The bill also clarifies in O.C.G.A. § 4-5-3 the abandonment of dead animals and the requirements for the disposal of such. Some of the changes reflect that dead animals shall not be abandoned in wells, open pits, or surface waters of any kind on private or public land. The methods for disposal of dead animals must be approved by the Commissioner of Agriculture.

Also, the Senate Banking and Financial Institutions Committee favorably reported out HB 1361 yesterday. This legislation, which is also one of the Governor’s bills, addresses the predatory lending issues so widely discussed in the news. This proposes to enact the "Georgia Fair Lending Act." Among the bill’s provisions include that all home loans shall be subject to the following limitations and prohibited practices:


(1) No creditor shall make a home loan that finances, directly or indirectly, (A) any credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance or debt cancellation coverage, whether or not the debt cancellation coverage is insurance under applicable law, that provides for cancellation of all or part of a borrower´s liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan; or (B) any life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance; provided, however, that for the purposes of this Code section, any premiums or charges calculated and paid on a periodic basis that are not added to the principal of the loan shall not be considered financed directly or indirectly by the creditor;
(2) No creditor or servicer shall recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a home loan that refinances all or any portion of such existing loan or debt;
(3) No creditor or servicer may charge a borrower a late payment charge unless the loan documents specifically authorize the charge, the charge is not imposed unless the payment is past due for ten days or more, and the charge does not exceed 5 percent of the amount of the late payment. A late payment charge may not be imposed more than once with respect to a single late payment and no late payment charge may be charged with respect to any subsequent payment that would have been a full payment but for the previous default or the imposition of the previous late payment charge; and
(4) No creditor or servicer may charge a fee for informing or transmitting to any person the balance due to pay off a home loan or to provide a release upon prepayment. When such information is provided by facsimile or if it is provided upon request within 60 days of the fulfillment of a previous request, a creditor or servicer may charge a processing fee up to $10.00. Payoff balances shall be provided within a reasonable time but in any event no more than five business days after the request.

There are also provisions for "high-cost home loans" and their limitations and prohibited practices. Some of these include:

(1) No prepayment fees or penalties shall be provided for in the loan documents for a high-cost home loan or charged the borrower after the last day of the twenty-fourth month following the loan closing or which exceed in the aggregate:
(A) In the first 12 months after the loan closing, more than 2 percent of the loan amount prepaid; or
(B) In the second 12 months after the loan closing, more than 1 percent of the amount prepaid;
(2) A high-cost home loan shall not contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower;
(3) A high-cost home loan shall not include payment terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due; and
(4) A high-cost home loan shall not contain a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, provided the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness.

Other

Today was HCA Day at the Capitol. HCA announced its nursing scholarship program with some fanfare at the Capitol today in an effort to publicize its efforts on addressing the healthcare workforce shortages.