April 8, 2003

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Stanley S. Jones, Jr.

404-817-6133

Day 33 was a long one for Legislators.  The House, however, won the prize for the lengthiest day, having to deal with the flag and taxes.  While the House came to a conclusion on the Flag issue, they did not resolve the budget issue by finding or passing any revenue enhancements to ‘fill’ the deficit in State revenues.   

A proposed deal had supposedly been reached with Governor Perdue and tobacco lobbyists on a $.17 increase in tobacco taxes and a $.025 sales tax increase.  Tobacco lobbyists were circling the halls late into the evening.  The House was not immediately interested in their proposals.  Even as this was a day filled with heartburn, the House added to its misery with a dinner from the Varsity – Legislators were seeking heartburn relief in the after-dinner hours while they worked on flag and tax issues.  

Floor News         

          The day opened with a Joint Session to honor former President Jimmy Carter. 

President Carter gave a brief address to Legislators, giving some history of his own political career.  President Carter was in the Capitol to receive a commendation on his 2002 Nobel Laureate Prize for his efforts to provide peace and humanity around the world.  

House:  

HB 380, the bill dealing with Georgia ’s State flag, was on the agenda. The bill as originally drawn and introduced had a two-tiered approach to the question on whether voters, in a referendum, wished to retain the current flag or to return to the ‘stars and bars’ version of the Georgia flag.  Due to a number of questions raised, a compromise was hammered out.  The Rules Committee offered the Substitute version of HB 380 on the Floor, which incorporates aspects from at least three competing bills designed to deal with the flag issue.  It contains a new flag which would fly over Georgia upon the signature of the Governor, which closely resembles the flag of the Confederate States with three horizontal bars, alternating with red and  white.  The flag’s upper corner would contain the State’s seal surrounded by thirteen white stars on a field of blue.  In the white stripe, it would contain the phrase: “IN GOD WE TRUST.”   Georgians would vote on this proposal in the March presidential primary ballot in 2004.  If this proposal fails, a second referendum would be held in the July primary of 2004 giving voters a choice between the pre-1956 flag which closely resembles the bars of the new banner, or the post-1956 flag which bears the Confederate battle emblem.  According to the bill, the results of both these ballot questions would be binding.  

There were a number of detractors.  While a clear majority of members favored the new flag presented by HB 380, a number of members were vehemently opposed to any plan which holds the potential for a return to the Confederate battle emblem via a public referendum.   

Supporters stated that HB 380 was a good compromise, paying tribute to Georgia ’s history and heritage.  Supporters believe that allowing persons to vote will finally bring an end to this debate.  The African-American Members spent hours in the Well arguing with HB 380 and asking the House to vote it down.  After a total of more than six hours of heated, emotional debate, HB 380 passed by a vote of 111 to 67.  

A few of the other bills addressed by the House included:  

HB 88 passed by Committee Substitute by a vote of 118 to 51.  It would place a ban on the sale of tax foreclosures to third parties (such as investors) by state, county, or municipal tax collection agents.  

HB 175 passed out of the House by Committee Substitute with a Floor Amendment by a vote of 1099 to 52.  The bill proposes to levy a $15.00 fine on persons who are smoking in a fully enclosed vehicle where a child is strapped into a restraint seat.  

HB 316 also passed by a vote of 130 to zero.  This proposes to include persons supervising children and elderly persons on the list of those who are subject to a criminal background check through the Federal Bureau of Investigation's National Crime Information Center .  

HB 531, which proposes to establish a ten-year property tax assessment freeze for persons who purchase environmentally contaminated lots (Brownfields), also passed by Committee Substitute by a vote of 168 to 1. This is an incentive to encourage investors to buy these properties and clean them up by offsetting the cost through the tax break.  

HB 590 also cleared the House with a vote of 161 to 2 by Committee Substitute.  The bill would establish a reciprocity agreement for certified teachers from other states who have five years of good evaluations to teach in Georgia without undergoing a State certification exam.  

HB 616 passed out of the House with a Floor Amendment by a vote of 159 to 3.  It proposes to allow persons moving from another state with a valid driver’s license to obtain a Georgia license without undergoing a written or on-road driving exam.  

HB 708 passed the House by Committee Substitute by a vote of 168 to zero.  It deals with whistleblower laws.  It proposes to give government employees protection under these laws.  It also amends current law to allow for civil actions to be brought against government entities which retaliate against whistleblowers.  

HB 893 passed by a vote of 159 to 7.  This proposes the establishment of a database of tobacco companies which pay into the Tobacco Master Settlement Fund.  If a company does not make payments, then it would be banned from selling cigarettes in Georgia .

Senate:  

SB 348 cleared the Senate today with a vote of 39 to 9.  It amends O.C.G.A. § 12-8-40.1(i)(6) in order to provide that each county and municipality in Georgia must adopt and enforce an ordinance regulating the storage of used tires.   

SB 264, which amends Title 31 relating to actions against and licensure of community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources was voted out of the Senate by a vote of 48 to zero.  This bill is necessary as the Olmstead case implementation creates new community placements.  

SB 266, the legislation which would require vaccination against meningococcal meningitis of post-secondary students, made it to the Senate Floor.  Sen. Meyer von Bremen presented this legislation amending Chapter 12 of Title 31.  It cleared without changes with a vote of 50 to zero.  

SB 344, amending O.C.G.A. § 45-18-3 concerning employees’ insurance and benefits plans for State employees, cleared the Senate by a vote of 46 to zero.  Sen. Zamarippa authored this legislation.  It proposes to allow State employees to have a consumer driven health plan as an option.  It would also require the State to offer employees free choice of providers and up to 100% reimbursement on certain expenses from in-network providers.  The State would also be required to offer a PPO plan to supplement the health reimbursement account plan if a member uses all of his or her benefit dollars in a single plan year.  This would be offered to all existing and newly hired State employees no later than July 1, 2004 .  

SB 329, a similar bill to SB 344, also cleared the Senate with a vote of 50 to zero.  This bill amends the Insurance Code and proposes to enact the Spending Account and Consumer Driven Health Plan Advancement Act.  This would apply to groups as well as individuals.  It contains a spending account feature which will provide the first-dollar payments for health care services up to a designated amount.  Group plans may, but will not be required to, provide for a uniform spending account limit and an individual plan may incorporate a spending account feature with a limit not exceeding $10,000 annually.  The bill also addresses some stop-loss issues: it states that a stop-loss or specific excess and aggregate contract issued under this Chapter shall not be construed or interpreted as an accident and sickness insurance policy.  Additionally, no stop-loss or specific excess and aggregate policy may be cancelled or non-renewed because of the level of healthcare claims.  It does provide that an insurance contract providing reimbursements for expenditures for health care services incurred by the plan may be a stop-loss, specific excess and aggregate, or other similar contract.  

SB 265 by Sens. Nadine Thomas and Don Thomas also passed out of the Senate with a vote of 47 to zero.  This amends O.C.G.A. § 31-11-53.2 in order to require the registration of automated external defibrillators through the Department of Human Resources.  

SR 1 by Sen. Harp proposing the Constitutional Amendment in order that religious or sectarian organizations and denominations and houses of worship may use public monies for the provision of public health, historic preservation, or social services to people, passed by a vote of 42 to 9.  This caused some concern as it relates to separation of church and state issues.  Sen. Adelman rose with concerns about the Legislation.  A Floor Amendment was adopted to prohibit discrimination in services or employment.  

SB 336 also passed by a vote of 53 to 2.  This bill by Sen. Thomas proposes to provide immunity for certain hospitals, their agents or employees, health care providers, health care workers, and other persons participating in the federal smallpox vaccination and treatment program.  It would specifically provide immunity from liability for damages or injuries alleged to have been sustained by any individual by reason of such individual's receipt of a smallpox vaccination or treatment, such individual's exposure to smallpox or its related infections, or any act or omission committed by the hospital, employee, agent, health care provider, health care worker, or other person as a result of the individual’s receipt of services from or related to such smallpox vaccination and treatment program. This amends Chapter 1 of Title 51.  It cleared without changes.  

SR 55 cleared the Senate today by a vote of 47 to 1 and is one step closer to creating the Joint Study Committee on Prescription Drugs for Seniors.  This Committee would be comprised of six members: two from each the Senate and House of Representatives; one from the pharmaceutical industry; and one member from the public.  

SB 333 passed by a vote of 43 to zero.  It amends Chapter 35 of Title 31 concerning vaccinations for first line responders who may be exposed to infectious diseases when deployed to a disaster location.  This requires that the Department offer a vaccination program for these responders which would include, but not be limited to, vaccinations for hepatitis A and B, diphtheria-tetanus, influenza, pneumococcal, and any other disease for which vaccinations are recommended by the U.S. Public Health Service and in accordance with the Federal Emergency Management Directors Policy.  

SB 211 also cleared the Senate with a vote of 43 to zero.  It amends the Corporate Code in Title 14 relating to notices required to be provided to shareholders with the same address.  Such notices would be provided in advance of a meeting to re-state articles of incorporation, etc.  There are some additional changes relating to the plan of merger or share exchange.  

SR 234, the proposal for an Unemployment Insurance Trust Fund Joint Study Committee by Sen. Lamutt, also cleared with a vote of 44 to 3.  

SB 347 passed by a vote of 48 to 4.  It adds a new Article 3 so as to create O.C.G.A. § 44-13-120 in order that there is a reciprocal exemption for a judgment debtor resident in Georgia as against a judgment creditor resident in another state.  

SB 150, Sen. Gillis’ price gouging bill, passed by a vote of 37 to 10.  This bill amends Article 1 of Chapter 21 of Title 43 in order to prohibit hotels and motels from charging rates in excess of 100% of the published room rates exclusive of special discounts as in effect at the hotel or motel between January 1 and December 31 of any given year.  It also will be unlawful to require guests staying in hotel/motel rooms during the period of a special sporting event to reserve rooms before or after the special sporting event or to purchase other goods or services in order to use the hotel/motel rooms during the period of the special sporting event (defined as any athletic event or competition open to the general public expected to draw a crowd of 10,000 or more spectators for the viewing of the competition).  

SB 179, the Patient Safe Prescription Drug Act, cleared the Senate by a vote of 49 to zero.  This provides for the use of electronic prescription drug orders.  A Floor Amendment was made to the Committee Amendment as the bill came to the Senate Floor.  Sen. Don Thomas authored this change to Chapter 4 of Title 26.  Attempts were made to provide for prescriptive authority for advanced practice registered nurses by Sen. Nadine Thomas; her amendment failed passage as it was ruled not germane.  

New Legislation  

HB 935 – Rep. Harrell’s bill amending Article 1 of Chapter 6 of Title 49 concerning the establishment of an advisory committee on seniors and prescription drug costs, has been assigned to the House Human Relations and Aging Committee.  

HB 941 – Rep. Ray’s expansion of current law amending Part 9 of Article 8 of Chapter 14 of Title 44 concerning liens of veterinarians and boarders of animals, has been assigned to the House Agriculture and Consumer Affairs Committee.  

HB 951 – Rep. Drenner and others have co-authored this amendment to Chapter 2 of Title 31 in order to require the governing authority of each county to provide an acceptable location for the disposal of septic tank waste.   

HB 965 – Rep. Bunn has proposed adding a new Code Section at 44-3-231.1 in order to amend current law relating to the Georgia Property Owners’ Association Act.  It would allow: “each lot owner shall have the right of access to all books and records, including financial records, which the association is required to keep under subsection (d) of Code Section 44-3-231, and such books and records shall be made available for inspection as requested by a lot owner.”  

HB 966 – Rep. Bunn has authored this change to O.C.G.A. § 40-8-76 concerning safety belts required as equipment and safety restraints for children four years of age or younger.  It states that “every” driver must use such (i.e. of a passenger auto, van, or pickup truck).  It eliminates this requirement for a taxi cab.  

HB 972 – Reps. Keen and Harbin have proposed the Flexible Health Benefit Plan Act which would be added as a new subsection (f) in O.C.G.A. § 33-30-23.  It states that “any health care insurer may offer, as an option, one or more health benefit plans utilizing a preferred provider arrangement that is not subject to paragraphs (3) and (4) of subsection (b) of this Code section or any other law or restriction that prescribes or limits the level of reimbursement for contracted health care providers or non-contracted health care providers including any deductibles, co-payments, coinsurance, or other cost sharing provisions.”  

HR 617 – Rep. Mills’ Resolution, urging the United States Senate to pass and the President of the United States to sign legislation which bans human cloning has been referred to the House Judiciary Committee.  

HR 619 – Rep. Wilkinson’s Resolution expressing intent of legislation passed by the General Assembly which has been misinterpreted by the Department of Community Health, has been referred to the House Health and Human Services Committee.  This is a dispute regarding use of the Division of Health Planning Regulations governing ambulatory surgery centers owned by physicians.  

HR 621 – Rep. Smith’s Resolution proposing the creation of the House Unfunded Mandates Study Committee has been assigned to the House Appropriations Committee.  

HR 623 – Rep. Smith’s Resolution offering a proposal to create the Commission on Efficiency in State Government has now been referred to the House Rules Committee.  

HR 680- Reps. Gardner, Channell, and Brown have proposed the creation of a House Study Committee on the Development and Expansion of Community Health Centers.  These would be a help in providing comprehensive health care to residents of rural communities and under-served areas of Georgia .  It would be composed of four members from the House of Representatives; a member of the Primary Care Association; a representative from the Department of Community Health; and a representative from the Andrew Young Health Policy Council.  

HR 682 – Rep. Coleman has proposed the commendation of Jimmy Carter, 2002 Nobel Laureate for Peace.  

HR 694 – Rep. Gardner and others authored this Resolution commending the Community Service Boards for their revenue maximization efforts.  

HB 701 – Rep. Henson and others have proposed recognizing Hepatitis C Awareness and Education Month for May 2003.  It also urges the Division of Public Health within the Department of Human Resources to undertake studies on this viral infection, which accounted for approximately 25,000 deaths in 1998 and is expected to grow.  

SB 376 – Sen. Balfour’s bill amending Chapter 26 of Title 43 in order to enact a new article proposing to allow advanced practice registered nurses to have prescriptive authority under certain instances.  This has been sent to the Senate Health and Human Services Committee.

Other  

Here are some bill assignments of interest:  

SB 150 – Sen. Gil’s amendment relating to hotel/motel room rate gouging amending Chapter 21 of Title 43 has crossed to the House and is assigned to the House Economic Development and Tourism Committee.  

SB 179 – Sen. Thomas’ proposal to enact the Patient Safe Prescription Drug Act has now landed in the House Health and Human Services Committee.  

SB 211 – Sen. Adelman’s bill relates to business corporations and use of single written notice to two or more shareholders with the same address under certain circumstances.  This amends Chapter 2 of Title 14.  This has been assigned to the House Judiciary Committee.  

SB 264 – Sen. Stokes’ bill changing provisions in Title 31 regarding relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs has been referred to the House Health and Human Services Committee.  

SB 265 – Sen. Thomas bill relating to regulation of automated external defibrillators has been forwarded to the House Health and Human Services Committee.  

SB 266-  Sen. Meyer von Bremen’s proposal concerning provision of information to post-secondary educational institutions’ students on meningococcal meningitis has been placed in the House Higher Educational Committee.  

SB 273 – Sen. Moody’s bill concerning Title 50 so as to allow for comprehensive regulation on public-private infrastructure projects has been sent to the House Judiciary Committee.  

SB 329 – Sen. Seabaugh’s bill proposing the enactment of the Spending Account and Consumer Driven Health Plan Advancement Act, has now been placed in the House Insurance Committee.  

SB 333 – Sen. Thomas’ bill concerning vaccinations for first line responders who may be exposed to infectious diseases when deployed to a disaster location has been referred to the House Health and Human Services Committee.  

SB 336 – Sen. Thomas’ bill proposing immunity for hospitals in certain tort instances involving healthcare facilities and workers participating in the federal smallpox vaccination and treatment program has now been assigned to the House Judiciary Committee.  

SB 344 – Sen. Zamarippa’s legislation providing for a consumer driven health plan for State employees has landed in the House Insurance Committee.  

SB 347 – Sen. Meyer von Bremen’s proposal to amend Chapter 13 of Title 44 provides a reciprocal exemption for a judgment debtor resident in Georgia as against a judgment creditor resident in another state.  

SR 1 – Sen. Harp’s Constitutional Amendment proposal which would allow public money to be used by religious or sectarian organizations and denominations and houses of worship for the purpose of providing public health or social services to people in need without regard to the recipient’s religious affiliation, belief, practice, or lack thereof provided that no money be used for sectarian worship, instruction, or proselytization, has been sent to the House Appropriations Committee.  

SR 55 – Sen. Tolleson’s Resolution proposing the creation of the Joint Study Committee on Prescription Drugs for Seniors has been sent to the House Rules Committee.  

SR 234 – Sen. Lamutt’s Resolution proposing the creation of the Unemployment Insurance Trust Fund Joint Study Committee has been forwarded to the House Rules Committee.  

          The Senate is to have the FY 2004 Budget on the Floor for a vote on Friday.