Both Chambers were packed with bills, and the Senate worked late into the evening (around 1:00 a.m.). Legislators, staff, and lobbyists were looking rather worn as the evening progressed.

The Senate seemed rather testy today even though there were more than fifty bills on its agenda – two which posed problems were reapportionment and the FY 2003 Budget. Sen. Marable moved to dispense with the reading of the Journal and Sen. Gingrey attempted to object. In the end, Sen. Marable’s motion carried by a vote of 30 to 27.

Sen. Carol Jackson also introduced a special guest to the Senate: former Governor S. Ernest Vandiver and his wife.

Republicans were trying to gather some steam as many were angry over the day’s schedule as the map for the Senate had to be approved due to the Court’s ruling received late on Friday, April 5, 2002. In an effort to move things along, the Senate finally confirmed the Journal. Next came the prayer – even Bishop Paulk, from Cathedral of the Holy Spirit, could not seem to smooth the ruffled feathers of many of the Senators. After the Bishop spoke, the Senators started taking the Well for points of personal privilege knowing full well that the Calendar was long and loomed ahead. Some spoke of why they ran for political office, quoted the scripture and asked for understanding, educating the State’s children, the concept of one person and one vote, etc. Needless to say, this filibuster took several hours.

The Senate finally dealt with the following:

HB 1667 – Sen. Starr presented this bill concerning reapportionment of the State’s Senate Districts. Sen. Tim Golden opened the debate on the bill claiming that the Senate had two options: 1) submit a newly drawn map; or 2) submit a map to Washington so that the Court could redraw the Districts according to the Voting Rights Act. This bill took hours – even though other pieces of legislation loomed large on the agenda. Many Senators felt that the proposed solution also had problems. The minority party felt as it was not given ample opportunity to address concerns of their Districts. Sen. Regina Thomas also voiced her objections to the map proposal and suggested that the Senate adopt an amendment and her amendment was adopted. Sen. Charles Walker asked for reconsideration on Sen. Thomas’ amendment but his motion for reconsideration failed. A number of other amendments and substitutes were proposed and all failed. Due to Rule 143, further action on the bill was postponed and sent back to the Rules Committee. The new maps, including the newly drawn Senate map, may be found on www.georgia2000.org.

It was after this action that Sen. Eric Johnson moved that the Senate adjourn. Sen. Charles Walker objected to this motion, and Sen. Johnson’s motion failed by a vote of 22 to 32. Thus, the Senate proceeded with its lengthy calendar. Sen. George Hooks presented the Conference Committee Report on the FY 2003 Budget and the Senate adopted the Report which the Senate finally adopted.

HB 828 – This bill, by Rep. Bobby Parham, deals with the licensure of orthotics, pedorthics, and prosthetics, and it was presented by Sen. Faye Smith. A number of amendments were made to this bill along the way, with one proposed on the Floor by Sen. Smith. In the end, Sen. Smith withdrew her Floor Amendment, and the bill passed by Committee Substitute by a vote of 47 to zero. Now the House will have to agree to the changes made.

HB 1585 – This legislation is the crimes against the elderly bill. Sen. Greg Hecht presented the bill, which expands current forms of maltreatment against the elderly which are considered to be crimes to also include the willful deprivation of health care or shelter. The bill passed by Committee Substitute by a vote of 48 to zero.

HB 1163 – Rep. Ron Dodson introduced this bill, which was carried in the Senate by Sen. Brush. It requires that septic tank installers and pumpers have only one bond in the county where their business resides, which would then be valid statewide. The bill, an amendment to the Healthcare Code, was believed to be a vehicle for other legislation, but passed without additional changes by a vote of 46 to 2.

HB 1568 – This is the Governor’s bill relating to the deregulation of natural gas. Sen. Steve Thompson presented the bill, which proposes to enact the Natural Gas Consumers’ Relief Act. A number of issues are still ‘at play’ on this bill as well as in the companion SB 500 (these include penalties for past due balances; EMC issues; surcharges on interruptible customers and hospital exemptions; marketers and their need for Public Service Commission hearings; universal service fund percentages; unaccounted gas; etc.). Sen. Regina Thomas had proposed a Floor Substitute but withdrew her Substitute. The bill passed with changes, as made in the Senate Committee, by a vote of 36 to 16 but will now have to be dealt with in Conference Committee.

HB 1492 – This diabetes insurance mandate failed to get enough votes. Sen. Nadine Thomas presented the bill which proposes to require that insurance companies to cover medically necessary equipment and supplies in their healthcare policies. Many Senators took the Well in order to address the expanding costs of healthcare and the fears that such mandates were a driving force behind such escalating costs. Sen. Harp said that it would raise insurance premiums for small businesses. Sen. Mitch Seabaugh attempted to amend the bill by placing a three-year moratorium on insurance mandates. Sen. Seabaugh’s amendment was ruled non-germane. Sen. Don Thomas tried to amend the bill by making it an offering rather than a mandate, but his amendment failed by a vote of 18 to 20. The bill then failed with a vote of 24 to 19. Sen. Nadine Thomas moved for the Senate to reconsider its action, which carried by a vote of 25 to 18. The bill was then moved to the foot of the calendar.

On the House side, some of the bills it addressed included:

HR 1414 – This Resolution proposes to support the proposed amendment to the United States Constitution on school prayer. A Floor Amendment was made prior to the passage of this Resolution.

SB 320 – This measure has been dubbed "Georgia’s Homeland Defense Act" and proposes to provide that domestic terrorism be included in the list of actions under the purview of Georgia’s RICO Statute in an effort to allow for investigating and prosecuting of persons who engage in any such activities. "Domestic terrorism" is defined as any act which violates the law while intending to injure or kill 10 or more persons, intimidate civilian population or coerce the government of Georgia or any of its political subdivisions through the use of forceful acts. The bill also outlines penalties for persons convicted of such crimes including imprisonment and fines. The bill passed by a vote of 149 to 4.

SB 393 – This bill came to the House Floor and was amended. It proposes to change certain provisions relating to judgments and rulings deemed eligible for direct appeal and provide for procedures for review of judgments, orders, or decisions which are not subject to direct appeal. The bill also makes some changes to the current law on summary judgments in order to conform the law with Title 5 provisions.

SB 396 – This legislation is another measure dealing with post September 11 events, and it also cleared the House. This bill provides for an exemption for public records disclosure when such records contain information about a building’s blueprints and security systems when such disclosure might be used to facilitate an act of terrorism. There is a provision for court review in an effort to make the decision on withholding this information. House members voted 152 to zero on the bill.

SB 442 – This is Sen. Jack Hill’s bill on administration of rural hospital grants. The bill proposes that the Department of Community Health, rather than the Department of Human Resources, administer such grants. In the amended version of the bill, it will allow non-authority hospitals to use funds for emergency room services instead of indigent care. Monies have been appropriated in the FY 2002 Supplemental Budget for these grants. It cleared the House by a vote of 162 to zero.

SB 472 – The House also passed this bill dealing with children who take asthma medications. It allows children to self-administer such drugs at school rather than require a school nurse for such.

SB 532 – The bill reduces the required number of years from five years to three years necessary for a bank to be in operation before it is eligible to merge with another bank.

SR 668 – This Resolution also passed out of the House which creates a joint Small Business Investment Capital Study Committee.

SB 346 – This bill passed which provides for alternative methods of service of process upon individuals who are in other countries and conforms language to that found in the Federal Rule of Civil Procedure 4(f). This states:

Unless otherwise provided by law, service upon a person from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within the United States:
(A) By any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(B) If there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:
(i) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction;

(ii) As directed by the foreign authority in response to a letter rogatory or letter of request; or
(iii) Unless prohibited by the law of the foreign country, by:
(I) Delivery to the person of a copy of the summons and the complaint; or
(II) Any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or
(C) By other means not prohibited by international agreement as may be directed by the court.

Additionally, the bill now contains the language from HB 1116 regarding witnesses not included in the pre-trial order:

After entry of the pretrial order, it shall be within the discretion of the court to permit or disallow the presentation of testimony from any expert witness whose name is not contained in the pretrial order; provided, however, that if the additional expert witness is permitted to testify, any opposing party shall be permitted reasonable time to take the deposition of the additional expert witness.

The House also agreed with the changes proposed by the Senate in HB 1350, which is the House version to SB 442 on administering of the rural hospital grants. The House also added to this bill language to allow non-authority hospitals to use funds for indigent care. The Senate must now agree with the changes.

The House agreed to changes made by the Senate in HB 1368 relating to the long lines for drivers’ license renewals. The bill will allow for persons to renew their licenses via mail or electronic means. The Senate’s change related to the provision of an organ donor discount to persons renewing licenses via long distance methods.

One of the lengthier debates in the House dealt with the use of crossbows and certain handguns for hunting deer, bear, and wild hog. The Senate added an amendment which would allow hunters in south Georgia, while hunting on private lands, to use bait to lure the deer and wild hog until July 1, 2005. Many thought this would provide some economic growth in the southern portion of the State and also would help curb the growing number of deer. Opponents felt that this baiting would strip the use of skill needed to hunt and would have preferred to see if other measures passed by the House might help curb growing numbers of deer. In the end, the House voted 82 to 63 against allowing the Senate amendment. The bill goes back to the Senate to see if it will agree to the House’s position – otherwise, a Conference Committee will be required.

The House also agreed with the Senate change (Floor Amendment) to HB 1407, the bill regarding Charitable Choice. The amendment made by Sen. Price states: "State and local government funds may be expended for administrative purposes incidental to the administration of such programs but neither state funds nor local government funds shall be distributed to any church, sect, cult, religions denomination, or sectarian institution, except as otherwise authorized by law or the Constitution of the State of Georgia."

The House also disagreed with the Senate Amendment, which had added licensed psychologists in making such determinations on HB 917, the Standby Guardianship Act.

The House Insurance Committee passed out a Substitute to SB 476, the Governor’s bill on health insurance issues, after it was presented by Rep. Stan Watson. The bill was crafted with input by the Georgia Association of Health Plans, Medical Association of Georgia, Georgia Hospital Association, Georgia Association of Health Underwriters, Consumer’s Insurance Advocate, and others. In the Substitute presented, it removed a provision from the bill which would have prevented the insurer from reducing payment solely on the basis for failing to obtain a timely pre-certification of the treatment of procedure. Additionally, the bill also included language concerning prohibition of racial discrimination by insurers (this is language which was previously included in HB 24). The Georgia Hospital Association had some of its member hospitals there to provide testimony concerning the bill. The health plans agreed that the bill was a compromise but that the industry had given up a great deal in coming to this agreement. The bill was passed, with the amendment referenced above by Rep. Golick on the prohibition of race discrimination by insurers, and now heads to the House Rules Committee for its consideration.

In another meeting, the House Health and Ecology Committee passed out Sen. Carol Jackson’s bill, SB 451 which amends current law concerning hospital liens. [The General Health Subcommittee had met previously on the bills before the full Committee as noted below.] On the House side, Rep. Jeanette Jamieson is carrying SB 451. Sen. Jackson and Rep. Jamieson have been ‘victims’ of hospital liens. The bill makes it clear that such liens are against a cause of action and not against a person. Additionally, the bill requires that a notice be provided to all interested persons in advance of the filing of such a lien. This notice must be done within 30 days from the date of discharge and such lien may be filed no sooner than 15 days of the serving of the notice of such lien. The bill was engrossed in the House so no changes could be made to it. There was fear that the Trial Lawyers might come after the bill and amend current provisions in an effort to make the patient whole prior to the hospitals being paid for services rendered.

Additionally, the Committee passed SB 501 which proposes to regulate air ambulances. Such air ambulances were expanded from helicopters to also including those which were ‘fixed wing’ ambulances. These air ambulances will also be required to be insured.

The Health and Ecology Committee also passed a Substitute to SB 539, which creates the Georgia Emergency Medical Services Medical Directors Advisory Council. This Council will serve as a liaison between the medical community and the Department of Human Resources’ Office of Emergency Medical Services.

The Health and Ecology Committee also passed HR 1536, Rep. Michele Henson’s Study Committee proposal on Hepatitis C. This will help get the Department of Human Resources to investigate the public health implications of this disease.

Finally, the Health and Ecology Committee passed SB 546 which will require any State Department or Agency to submit its reports to the General Assembly in an electronic format (thus an elimination of paper). Committee members entered debate on whether to require such on diskette or to allow advancing technology through usage of the internet. Wisdom prevailed and advancing technology won. This proposal initially only required such reports that dealt with health related matters. The bill now deals with all such reports no matter the subject.

A hastily called Health Professions Subcommittee of the House Health and Ecology Committee was held, and it passed out SB 82. This bill dealing with the insurance billing requirements for services provided by a Registered Nurse First Assistant was passed last year and signed into law. Many felt that this was an attempt to use this older bill as a vehicle for some other piece of legislation. In the end, the Chairman of the House Health and Ecology Committee agreed not to hold a full Committee meeting on this as he too felt that this was a sneaky attempt in getting some measure over the finish line without a full Committee process.

The House Judiciary Committee reported out one of the "dead body" bills, SB 474. This defines what is considered to be abuse of a dead human body. It also outlines what is considered to be an offense of abuse of a dead human body:

A person commits the offense of abuse of a dead human body when, without legal privilege, he or she:
(A) Treats a dead human body in a manner not recognized by generally accepted standards of the community;
(B) Is a member of a profession which normally places him or her in contact with dead human bodies, and he or she treats a dead human body in a manner not generally accepted as suitable practice by other members of the profession;
(C) Fails to embalm, inter, cremate, or refrigerate a dead human body within 72 hours after taking custody of such dead human body; or
(D) Disinters a body which has been legally interred.

The bill defines a "crematory" 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."