Some of the bills passed by the Senate:

HB 1622 – This bill provides that persons found practicing dentistry without a license will be guilty of a felony. There were no amendments to the bill.

HB 1361 – This is the Governor’s bill on predatory lending introduced in the House by Rep. Charlie Smith. This would create the Georgia Fair Lending Act. The bill came before the Senate by Committee Substitute.

HB 1369 – Rep. Boggs’ bill which provides that limited licensing be done of retail vendors who sell insurance coverage on communications equipment. The bill passed by Committee Substitute.

HB 1002 – The FY 2003 Budget passed after lengthy debate concerning changes made by the Senate Appropriations Committee. Legislators raised particular concern for the funding in the Dept. of Education’s portion of the Budget for "America’s Choice" in the amount of $12 million. Many concluded that this was not to be Georgia’s Choice and they urged the Conferees to review this item carefully. Nine amendments were filed but none were adopted. Final passage of the bill by Substitute was 37 to 14. The bill was immediately transmitted.

SR 983 – An adjournment Resolution was presented by Sen. Starr in order for the General Assembly to finalize the FY 2003 Budget. This Resolution proposed to adjourn today and reconvene on April 9, 2002. Thus, lawmakers would have a long weekend to hammer out Budget details and await the federal court’s ruling on Reapportionment. Needless to say, the Republicans took the well concerning this proposal and likened it to "predatory redistricting." Sen. Eric Johnson told fellow Senators that the Governor can call a Special Session in order to work on the maps but that the General Assembly was only causing greater expense to taxpayers by prolonging the Regular Session. Sen. Starr countered that the Governor and General Assembly were working on bringing about an orderly conclusion. Amendments were attempted to shorten this period of adjournment but all failed.

HB 585 – This is the bill requiring that pharmacy benefit managers be licensed and inspected if they are practicing pharmacy in this state. Due to the length of the amendments added to the bill on April 2, 2002, the bill had to be held under Rule 143. The bill passed by a vote of 49 to zero as amended.

HB 1407- The Governor’s bill on charitable choice cleared the Senate with an amendment. It allows churches to provide services with some federally funded programs. The amendment was made by Sen. Tom Price to track the language in the State and federal Constitutions ("government funds shall be distributed to any church, sect, cult, religious denomination, or sectarian institution, except as otherwise authorized by law or the Constitution of the State of Georgia"). Sen. Connie Stokes presented the bill for the Governor and Sen. Donzella James presented additional remarks as she has been actively involved in the charitable choice discussion for over one year. There were questions concerning whether the State would be giving out monies to satanic organizations or other such entities which were considered as dangerous.

HB 917 – The "Standby Guardianship Act" passed without further discussions by a vote of 45 to zero. This establishes procedures for a person to be appointed as a "standby guardian" for a minor in Title 29. A "designating" individual may designate a person to serve as this "standby guardian" of the minor child once a health determination ( this is a dated, written determination by a health care professional that a designating individual (such as parent) is unable to care for a minor due to the designating individual’s physical or mental condition or health including a condition created by medical treatment) has been made. Once such has occurred, this "standby guardian" assumes all the rights, duties, and responsibilities of guardianship of the person of the minor. "Consistent with the designating individual’s physical or mental condition or health, the designating individual may confer with the standby guardian in decision making concerning the care and welfare of the minor." Also, once this health determination is made, the standby guardian must file with the probate court, of the county of residence of the minor, a notice of the standby guardianship with a copy of the standby guardianship designation and the health determination attached to such notice.

HB 1128 – This was the motor vehicle liability bill which waives sovereign immunity granted to cities and counties. Sen. Brown presented the bill. Several members addressed the Senate about the bill’s specifics. Sen. Meyer von Bremen urged members to not vote for the amendment. Sen. Lee explained that the amendment would be a compromise. Sen. Harp took the Well and explained that the City of Columbus was against the legislation as Muscogee County would have to raise $1 million in order to pay the premium on an annual basis. It establishes requirements for insurance coverage for these local governments. An amendment was made (and adopted by a vote of 27 to 23 and Sen. Nadine Thomas asked for reconsideration of this amendment but her motion failed) so that any action filed against the local government due to a wrong made by that local government (such as a truck owned by a county hitting a private citizen) must be brought in the county which owned the equipment that did the wrong. Thus, in a joint tort feasor situation, the plaintiff has no choice of where he or she wants to file his or her lawsuit. This bill caused a great stir on the Floor and was debated at length. The bill passed by a vote of 47 to two.

HB 1350 – Sen. Jack presented this bill which provides that the Department of Community Health, rather than the Department of Human Resources, be the overseer of the grants to the rural hospitals. An amendment was made so that this legislation becomes effective upon signature of the Governor so that funds provided in the Supplemental FY 2002 Budget may be doled out to qualified applicants, and its provisions can be coordinated with the similar Senate Bill.

HB 1441 – This bill, presented by Sen. Tanksley, discussed more fully in the Committee notes below, also cleared the Senate. It amends Title 48 in an effort to provide changes to certain provisions regarding assignment of corporate income tax credits and for state insurance premium tax credits with respect to certified capital companies. This passed by a vote of 44 to zero.

On the House Floor, there were also a few bills which made it one step closer to becoming law.

SB 414 – This is one of the bills brought by Georgia’s Secretary of State and her influence on better tabulating of elections’ results. It passed the House by a vote of 155 to 8. The bill’s provisions include tabulation of votes through electronic means (thus getting rid of the use of ‘chads’ or cards) and allowing persons to vote, even though they may not be on the county’s registrar’s list, by completing a provisional voting form and casting a provisional ballot (an affidavit would be required that the person is a registered voter).

SB 330 – This is the "Transportation Security Act of 2002," which strengthens the laws and penalties when persons attempt to enter public transportation facilities with guns, knives, or other weapons or destruction devices. Additionally, if a person tries to intentionally avoid or interfere to disable or disengage a security measure for a public transportation facility, then that person could be charged with a misdemeanor of a "high and aggravated nature" and could get 25 years in prison and possibly be fined up to $100,000. Cities, municipalities, and counties will also be able to share in the jurisdiction over airports and airstrips (or other landing fields) when such cross the borders of their political boundaries. The votes on this bill were 107 to 51.

SB 385 - The Governor’s bill on bioterrorism also passed through the House by a vote of 112 to 52. A good number of revisions went in this bill since its introduction. Some of the bill’s provisions include:

• Reporting requirements by healthcare providers (including hospitals and physicians), coroners, medical examiners, pharmacists, and others if any event or incident indicates that such may be a terrorist threat against the State.
• Dept. of Human Resources is authorized to promulgate rules and regulations in order to manage a public health emergency and develop a protocol for cooperation and communication between various State departments, agencies, and healthcare providers in the event of an act of bioterrorism. Some of the Dept. of Human Resources’ duties would be to develop any such plans in the event that vaccinations or quarantines would be required.
• Dept. of Agriculture is also to report certain animal diseases which could be related to bioterrorism.
• Allows the Governor to declare a public health emergency and upon such declaration the General Assembly would be convened at 8:00 o’clock a.m. on the second day following such declaration to vote on whether it agreed with the Governor’s declaration or not.

SB 438 - House members also passed out some changes to the Greenspace law. A new system, outlined in SB 438, establishes a method of distributing funding when counties are receiving $500,000 or more. This new method allows that 10% be set aside for matching grants for the purpose of acquiring greenspace by cities and counties within the particular county.

HR 1118 - The House adopted this Resolution, which urges the United States Congress to adopt legislation requiring that Medicare cover the costs associated with all oral anti-cancer drugs.

HB 1834 – Rep. Shanahan has introduced an amendment to Article 1 of Chapter 6 of Title 48 pertaining to changes to the manner and method of collection and distribution of revenues with respect to real estate transfer taxes. The bill designates the clerk of the superior court as the collecting officer for these taxes rather than an agent of the commissioner. The revenue collected must be distributed at least monthly. The clerk would make a report to the commissioner by the tenth day of each month on the sums collected and remitted under this new change. Such collecting officer shall retain 6% of the tax collected as compensation for the services in collecting the tax. There are other duties outlined in the bill for the clerk and failure to carry out such is a breach of the official duty and of the official bond of the collecting officer.

HR 1594 – Reps. Orrock and others introduced this Resolution in an effort to create a House Study Committee on the Death Penalty. The Study will examine the problems with application of the death penalty and whether it is in the best interest of all Georgians regardless their position on capital punishment. This will be composed of five members of the House of Representatives.

There were a few Committee meetings held during the day. On the Senate side, the Senate Health and Human Services Committee met and passed a number of pieces of legislation. HR 946, a Joint House and Senate Study Committee on the use of psychiatric drugs in school-age children passed without any discussion (a similar bill passed a couple of years ago but the Committee was never established).

SR 910, a Resolution by Sen. Stokes which was to establish a Senate Study Committee to look at the certificate of need process for healthcare institutions, was revised substantially by the author in an effort to expand the focus to more general healthcare issues. SR 910 Substitute was passed without any discussion. It will create a Study Committee comprised of ten persons.

HB 1400 was presented by Rep. Chuck Sims. This bill adds language and offers other alternatives, aside from county sheriffs, for transporting the mentally ill from one facility to another. The bill allows a patient’s family the ability to transfer the patient or to make other arrangements for such transportation so that the costs are not borne by the counties. Lasa Joiner also spoke in support of the bill as it will be a great cost-savings to the counties and patient’s insurance may be billed for the costs (or the patient directly). Most of these transfers involve children and the elderly. The bill also clarifies the transfer requirements for female patients. The bill passed out of Committee without additional changes.

SR 934 was presented by Sen. Nadine Thomas which will create a Senate Study Committee on the use of Defibrillators. Amendments were made to include representatives from the Medical Association of Georgia as well as the Georgia State Medical Association on this Study Committee. The Resolution then passed as amended.

HB 828 was also discussed. Rusty Kidd, lobbyist for the orthotics and prosthetics providers, presented the bill for Rep. Parham. There were some changes in the Substitute brought to the Committee dealing with the Board of Medical Examiners requirements. Additional amendments were distributed and discussed. The bill was amended and passed. Sen. Nadine Thomas indicated that the bill would have difficulties in Senate Rules Committee.

Rep. Pinholster’s bill, HB 1344, also passed. This bill was presented in a Substitute form which adds dentists.

HB 69, concerning the licensure of clinical perfusionists, was also on the agenda. This bill was presented by Rep. David Graves. Sen. Tom Price spoke in favor of the bill and the bill then passed without additional changes.

HB 1565 also cleared the committee. This bill deals with the income tax credits for rural physicians. There were questions raised over the numbers of counties impacted by this bill and the number of facilities which the bill would impact. Sen. Nadine Thomas is interested in finding a way to also include Southwest Fulton Hospital in this legislation.

A Subcommittee of the House Judiciary Committee met to discuss two bills, SB 427 and SB 474. SB 427 is the bill dealing with child endangerment issues and increases the penalties for adults who are caught driving under the influence who have children in their cars that are under the age of 16. Currently, the laws do not have a separate penalty for such a crime. The Subcommittee felt that some fine-tuning of the penalty section of the bill needed to be addressed and indicated such to the bill’s author, Sen. Donzella James. The Subcommittee would present the changes at the full Committee meeting. As for SB 474, Sen. Mullis presented the legislation which creates the penalties for a person caught abusing a dead human body. SB 474 mirrors Rep. Mike Snow’s bill on the same topic. The Senate clarified definitions including that of a dead ‘human’ body. The Funeral Home Association wants the additional oversight of the crematories but does not wish for any language to be included which might negatively impact its members. The legislation apparently is parallel to the Pennsylvania statute on the treatment of dead bodies. One of the changes that the Subcommittee proposed was to create specific fine amounts for these felony convictions. It also agreed that it needed to include ‘embalm’ and add some language so that medical schools and other teaching institutions could use cadavers without fear of being charged with abuse of a dead body in the course of training physicians, dentists, etc. The bill then passed by Committee Substitute as amended.

The House Industry Committee also met today and passed out SB 469 as presented by Rep. Mike Snow. This bill dealing with crematories had some changes in Section 2 concerning identification of bodies. This Senate Bill will be incorporated into the House Bill and will thus include the comments and suggestions made by the families who have been dealing with the Tri-State Crematory matter. The bill cleared the House Industry Committee after a number of questions were addressed (including what a "church truck" was and what the bill does as far as organ donation issues) without any amendments.

On April 2, 2002, the Senate Insurance and Labor Committee favorably reported out HB 1314 concerning motor vehicles and the suspension, cancellation, and revocation of motor vehicle registration. There is a new definition for "cancellation of vehicle registration" in O.C.G.A. § 40-2-1 which means "the annulment or termination by formal action of the department of a person’s vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation." Another term defined is "revocation of vehicle registration" which means the "termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or restoration, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law." The term "suspension of vehicle registration" is the "temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."

The bill also amends O.C.G.A. § 40-2-26 concerning the form and contents of application for registration by creating a new subsection (d):

"On and after February 1, 2003, no vehicle registration or renewal thereof shall be issued to any motor vehicle if the vehicle registration thereof has been revoked, suspended, or canceled and unless the owner of the motor vehicle provides satisfactory proof that the motor vehicle is subject to a policy of insurance that provides the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33; provided, however, that the owner’s inability to register or renew the registration of any motor vehicle due to lack of proof of insurance shall not excuse or defer the timely payment of ad valorem taxes due and payable upon said vehicle. The owner shall submit such proof in accordance with the requirements of Code Section 40-6-10."

Also on Monday, the Senate Insurance and Labor Committee reported out HB 1441 by Substitute which deals with assignment of corporate income tax credits and provides for state insurance premium tax credits with respect to certified capital companies (a qualified technology business). A "qualified technology business" is either less than 2 years old at the time of the initial investment in such business by a certified capital company, or that had together with its affiliates, less than $3 million in annual revenue for the fiscal year immediately preceding the fiscal year of such investment on a consolidated basis (in conformance with generally accepted accounting principles) and is engaged on the date of such investment in development or offering of products or services involving: biotechnology; industrial use of microorganisms or biological techniques; biomedical engineering and the use of engineering technology, instrumentation, and methods to solve medical problems; pharmacology; the uses and manufacture of drugs; pharmaceutical research, development, and testing; or bioagriculture. This creates a new Chapter 18 in Title 48.

Also on Monday, the Insurance and Labor Committee reported out HB 716 by Substitute. This bill provides for regulation of health insurance carriers who secure for their enrollees the professional services of physicians through physician contracts and continuation of the professional services by physicians after the termination of their contracts under certain conditions. The bill also contains language concerning audit provisions of claims, retroactive denial, request for additional payment, and adjustment of previously paid claims. Specific amendments are found in Chapter 20A of Title 33. The audit provisions shall apply to all claims relating to health care services provided on or after July 1, 2002. The bill was amended in order to allow a carrier, plan, network, panel, or any agent more time to conduct a post-payment audit, impose a retroactive denial, or adjust a previously paid claim in the event a claimant has submitted a fraudulent claim.

The Senate Insurance and Labor Committee also reported out by Substitute, HB 1369, concerning the provision of limited licenses for retail vendors of communications equipment and their employees who sell insurance coverage for the loss, theft, mechanical failure, or malfunction of or damage to communications equipment.

Also on Monday, the Senate Judiciary Committee reported out the amendments to the current law on notaries, HB 1256, which provide for a denial of a notary re-commission if the applicant has engaged in false or misleading advertising or the unauthorized practice of law. Also, if a notary is not an attorney, then he or she must post a notice to that fact. Also, notaries who are not authorized to practice law may not hold themselves out as legal consultants or experts and must post a fee schedule for their services at their place of business.

The Senate Committee on Veterans and Consumer Affairs also passed out a Substitute to HB 1413 which relates to personal care home facility licensing and employee records checks in order to provide that criminal record checks for personal care home employment applicants must be made. The bill outlines the various crimes which must be reported and requires that employees (persons other than a director of the personal care home) which provide personal services (individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing and toileting) to any resident on behalf of the personal come to obtain a criminal record check. Further, the bill would require that a director’s fingerprints be obtained from GCIC and shall be reviewed by the Federal Bureau of Investigation as well. Before a person can be hired as an employee of a personal care home, each "potential employee" shall obtain a criminal record check from a local law enforcement agency and submit those results to the personal care home. The facility then shall be authorized to rely on those written results received from the local law enforcement agency, Georgia Crime Information Center, or other official agency to determine whether the applicant for employment has a criminal record. If the potential employee has a criminal record with an "unsatisfactory determination" then he or she shall not become an employee of the facility. The bill would be enacted on July 1, 2002.

On Monday, the House Insurance Committee reported out SB 505, by Substitute, which amends O.C.G.A. § 33-6-5 to include the non-renewal or termination of an entire line or class of business by an insurer under certain conditions as an unfair method of competition and unfair and deceptive act or practice. No insurer shall cancel, non-renew, or otherwise terminate an entire line or class of business for the purpose of withdrawing from the market unless: (i) The insurer has notified the Commissioner in writing of the action, including the reasons for such action, at least one year before the termination by the insurer of any policy becomes effective, provided that this paragraph shall not be construed to prevent such insurer from canceling, non-renewing, or terminating policies where the insurer, by contract, statute, or otherwise, has the right to do so; or (ii) The insurer has filed a plan of action for the orderly cessation of the insurer’s business within a period of time shorter than one year and such plan of action has been approved by the Commissioner.

Another bill reported out of the House Insurance Committee on Monday was SB 458 relating to the requirement that health benefit policies cover off-label prescription drug use for insureds with life-threatening or chronic and disabling conditions or diseases. The bill defines "chronic and seriously debilitating" as diseases or conditions that cause significant long-term morbidity and that require ongoing treatment to maintain remission or prevent deterioration." The term "life-threatening" is defined as: "(A) Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted; (B) Diseases or conditions with potentially fatal outcomes, where the end point of clinical intervention is survival; or (C) The natural process of aging shall not be construed as a disease or condition for the purposes of this definition or this Code section."

The House Committee on Public Safety also reported out on April 2, 2002 a Substitute to SB 396, by Sen. Gingrey and others, which changes the laws relating to open records of certain government meetings. There is an amendment made in O.C.G.A. § 50-18-72(a) by adding a new subparagraph (15) which outlines records which would compromise the security against terrorist attack of one or more government facilities by revealing any of the following (A) the elements of a plan for protection against terrorist or other attack, which plan elements depend for their effectiveness in whole or in part upon a lack of general public knowledge of such elements; (B) the existence, nature, location, or function of security devices designed to protect against terrorist or other attack, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge of such devices; etc. The Committee also reported out a Substitute on SB 320 which would enact "Georgia’s Homeland Defense Act."

The House Judiciary Committee on April 2, 2002 reported out SB 356 by Substitute. This bill amends O.C.G.A. § 31-33-2 concerning the copies of records to patients or providers and under what conditions such may be released when the records relate to deceased persons. "Upon written request from the patient, any person appointed as the administrator or executor of a decedent’s estate or survivor of the patient, the provider having custody and control of the patient’s record shall furnish a complete and current copy of that record in accordance with the provisions of this Code Section." Survivor is defined as "limited to the surviving spouse of the decedent or, if there is no surviving spouse, one child of the decedent, or, if the there is no surviving spouse or surviving child of the decedent, one parent of the decedent." Providers who in good faith release copies of these medical records shall not be found to have violated any criminal law or to be civilly liable to the patient, the deceased patient’s estate, or to any other person.