The Senate’s Rules Committee met earlier this morning as it had worked so late last evening. Scheduling the 100 was an attempt to clear almost all the remaining bills eligible for further action. It took until after the lunch hour just to get the lengthy calendar printed and only then were such found in short supply. The House also held a Rules Committee meeting this morning to place some remaining Senate bills on its Calendar.

The Senate had a long, long day. Some good-byes were also made. Sen. Donzella James bade the Senate goodbye as she will be seeking a Congressional Seat. Additionally, Sen. Mike Polak announced his retirement. Below will outline action taken on some legislation:

HB 24 – This bill introduced in 2001 by Rep. Rich Golick cleared the Floor. It proposes to amend the Insurance Code concerning unfair methods of competition and unfair or deceptive acts or practices in the business of insurance and to prohibit discriminatory practices based on race, color, or national or ethnic origin.

HB 696 – The Senate insisted today on its position concerning this bill. In the bill, an amendment was made concerning the Department of Community Health’s Drug Utilization Review Board. The amendment requires that "meetings of a drug utilization review board, or its equivalent, created to provide guidance and recommendations to the department in formulating policies regarding the utilization, categorization, and reimbursement of prescription drugs shall comply with the requirements of Code Section 50-14-1. Documents relating to decisions reached by a drug utilization review board, or its equivalent, regarding access to prescription drugs and their designation as generic, preferred, and nonpreferred medications on the preferred drug list shall be available under the public records provisions of Code Section 50-18-70. A drug utilization review board, or its equivalent, shall afford the opportunity for members of the public attending meetings of the board to make public comment during meetings."

HB 1492 – Sen. Nadine Thomas took the Well about HB 1492 which the Senate had failed to pass on Tuesday. She reminded the Senate that Diabetes was a debilitating disease and especially harmful to children. The bill did finally pass.

HB 1667 - This is the Reapportionment of the Senate Districts. The bill was heard on April 9, 2002 but dropped to the bottom of the Calendar due to Rule 143. A number of the Republicans took the Well in opposition to the map. Sen. Johnson also spoke of the political risk to change the flag and those who have now been drawn out of their districts. Sen. Tom Price explained that the bill would only lead to more legal wrangling. Sen. Golden tried to close the debate and explain comments made by the various speakers. A Substitute was offered as well as several amendments. Eventually, the bill passed as it had been amended by a vote of 31 to 23.

HB 1002 – The Senate passed the Conference Committee Report to HB 1002. More about the Budget for FY 2003 will be provided in another report. The Senate adopted the Conference Committee Report by a vote of 34 to 15.

HB 1192 – Sen. Brush presented this bill which prohibits certain installation practices involving air bags. The bill states: "Any person who knowingly installs or reinstalls any object in lieu of and other than an air bag which was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system shall be guilty of a misdemeanor of a high and aggravated nature." This passed resoundingly by a vote of 44 to zero.

HB 716 – Sen. Golden presented this measure which proposes to enact the Fair Insurance Business Practices Act of 2001. Much of the language concerning termination of a physician’s contract and continuation of a patient’s treatment is contained in the Governor’s bill, SB 476. HB 716 does provide regulation of health insurance entities who secure for their enrollees the professional services of physicians through physician contracts. The bill passed by Substitute with a vote of 40 to one.

HB 1295 – This creates a prestige tag supporting the National Rifle Association. These tags would be issued beginning in 2003 and would contain a slogan "The Right to Keep and Bear Arms, Shall Not be Infringed." This passed by Substitute by a vote of 41 to 5.

HB 1444 – Sen. Horacena Tate moved that this measure be dropped to the foot of the Calendar. Sen. Scott objected; Sen. Tate then moved to table the bill which passed over objection of Sen. Scott. This bill, dealing with Marta financing issues as well as SPLOST issues pertaining to hospitals was tabled. In particular, the bill would allow that any tax levied for purposes of a metro area system of public transportation would not count towards the 2% limitation of the state local sales taxes, local use taxes, or local sales and use taxes. During the early evening, Mayor Shirley Franklin was directly lobbying many Senators in an effort to pass the bill. Fulton County opposed the measure pertaining to MARTA. The Association of County Commissioners were in favor of the bill SPLOST proposal for hospitals and had been working with the Georgia Alliance of Community Hospitals. In a sly maneuver, lobbyists for some of the for-profit facilities attempted to remove language from the bill so that more hospitals could participate in SPLOST so as not to exclude any that might be leased by a hospital authority. The Georgia Alliance of Community Hospitals did not learn of this proposed amendment by Sen. Don Balfour until around midnight and was working frantically in an effort to massage these issues back to its liking. Late into the evening, the bill finally passed without either of Sen. Balfour’s amendments (the first tried to amend the section relating to hospitals’ use of SPLOST and the second attempted to strike the entire section on SPLOST). Specific language passed by the Senate on this SPLOST issue for hospitals is found at O.C.G.A. § 48-8-111(a)(1)(K):

"A capital outlay project or projects for the use and benefit of the citizens of the entire county and consisting of a hospital or hospital facilities that are owned by a county or a hospital authority and operated by the county or hospital authority or by an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with the county or hospital authority."

HB 1400 – Sen. Connie Stokes presented this bill amending provisions regarding the transportation of the mentally ill, mentally retarded and alcoholic or drug dependent individuals. The bill deals with facility to facility transfers. It designates when the county must pay for such transfers and also provides that a person can be required to pay for transfer when such is not an emergency. It also clarifies procedures for transfers of female patients: "In non-emergency situations, no female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son." This sailed out of the Senate by a vote of 44 to zero.

HB 1481 – This measure deals with the disposition of dead human bodies. Sen. Jeff Mullis presented this bill which prohibits and establishes punishments for persons who throw away or abandon dead bodies. The bill also provides for identification of bodies of deceased persons and establishes additional requirements for crematories. An amendment was made which was adopted and the bill passed, as amended on the Floor, by a vote of 46 to zero. A Conference Committee was appointed as both sides insisted on their respective positions.

HB 1441 – The Senate insisted on its position on the "Cap Co" legislation which provides state insurance premium tax credits with respect to certified capital companies.

HB 1445 – This establishes the Georgia Technology Authority Overview Committee. A Floor amendment was made on this bill which was adopted and the bill passed as amended with a vote of 43 to zero.

HB 1519 – A Senate Finance and Public Utilities Committee Substitute passed from the Senate on this bill which changes provisions regarding the levying and collecting of an excise tax on rooms, lodgings, or accommodations to the public. Among the bill’s provisions include changes at O.C.G.A. § 48-13-51 by adding a new paragraph 2.1:

(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within such a county in which county or municipality community auditorium or theater facilities owned and operated by a municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 5 percent.
(B) A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of general recreation. Amounts so expended shall be expended only through a contract or contracts with a recreation authority created by local Act of the General Assembly.

HB 1565 – Sen. Golden presented this measure which changes the definition of a rural physician and a rural hospital in an effort to qualify for an income tax credit. The bill now defines a rural hospital as an acute care hospital located in a rural county that contains fewer than 100 beds (present law had 80 beds). A rural physician is a physician licensed to practice medicine in Georgia, who practices in a rural county and resides in a rural county or a county contiguous to the rural county in which such physician practices and primarily admits patients to a rural hospital and practices in the fields of family practice, obstetrics and gynecology, pediatrics, internal medicine, or general surgery. The bill passed by a vote of 37 to zero.

HB 1568 – The Senate insisted on its version to the Governor’s gas bill and the Senate appointed Conferees. Sens. Steve Thompson, Nathan Dean, and Terrell Starr were appointed to work out the differences with House members Reps. Charlie Smith, Jimmy Skipper, and Newt Hudson. This proposes to enact the "Natural Gas Consumers’ Relief Act."

SR 910 – This is a Resolution creating a Senate Study Committee on the Future of Healthcare in Georgia authored by Sen. Stokes. Initially, the proposal dealt more with Certificate of Need issues. The Resolution passed by Committee Substitute on the Consent Calendar. It will be comprised of ten Senate members and this group’s findings will be made in the form of a report on or before December 31, 2002. Among the many things that this Committee will review will be: the lack of coordination in the delivery of healthcare services; disparity of availability of healthcare in certain areas of Georgia; the increasing concern about the rising costs of prescription drugs, hospital services and long-term care needs for the senior population; and a healthcare industry which has grown more competitive.

In the House, the following were some of the items that it addressed:

HB 1002 - The FY 2003 Budget was passed today by the adoption of the Conference Committee Report by a vote of 144 to 27.

SB 110 – The House passed the House Judiciary Committee Substitute on this bill which provides for subpoenas by medical examiners from the office of chief medical examiner and for confidentiality and costs. The bill also exempts autopsy photographs from public disclosure but a superior court may, in a closed criminal investigation, order the disclosure of such photographs upon findings in writing that disclosure is in the public interest and that it "outweighs any privacy interest that may be asserted by the deceased’s next of kin." In doing such, the court will review the photographs in camera and make conditions on the disclosure.

SB 475 – This is the Governor’s identity theft bill and an attempt to help Georgians to protect their identity. The bill proposes that if a person is convicted of a crime of identity theft or fraud by the recording, stealing or otherwise obtaining personal information without another’s permission, in an effort to gain access to that person’s money, credit, or property, then the person guilty of using false documents or the illegally gained information would be guilty of a felony. The bill outlines the punishment for such crimes of imprisonment up to ten years and a fine of $100,000 for the first offense. Second and subsequent offenses would have up to fifteen years in prison and a $250,000 fine. The bill also gives persons access to sue businesses who compromise their personal information by negligently discarding documents without an attempt to shred such documents (or otherwise destroy the information). "Dispose" in the bill means "the sale or transfer of a record for value to a company or business engaged in the business of record destruction" whereas the term "discard" means "to throw away, get rid of, or eliminate." The bill clearly outlines that a business may not discard a record containing "personal information" unless it: 1) shreds the customer’s record before discarding the record; 2) erases the personal information contained in the customer’s record before discarding the record; 3) modifies the customer’s record to make the personal information unreadable before discarding the record; or 4) takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the customer’s record for the period between the record’s disposal and the record’s destruction." If an individual manufactures, sells, possesses or distributes false identification documents (such as a college student using a fake identification in order to drink) would be guilty of a misdemeanor on the first offense and a felony upon a second or subsequent offenses. (Georgia apparently ranks 10^th nationally in the number of identity theft cases.) The bill passed by a vote of 164 to 2.

SB 476 – This is another one of the Governor’s bills which passed out of the House. This bill, by a vote of 107 to 34, will require that health insurance companies pay claims for any medical procedures which have been pre-certified. The bill also addresses the audit process of claims as well. SB 476 has been a collaboration by many groups (physicians, hospitals, health insurers, etc.).

HB 1361 – This bill, introduced by Reps. Smith, Turnquest, and Dukes, proposes to enact the "Georgia Fair Lending Act." A Conference Committee was appointed after both the House and Senate insisted on their respective positions concerning this legislation which, among other things, is to prohibit abusive home loan practices. It will also create consumer protections for covered home loans and high-cost home loans and associated penalties and enforcement mechanisms. Conferees appointed: Sens. Steve Thompson, Vincent Fort, and Don Cheeks; and Reps. Charles Smith, Larry Parrish, and Tracy Stallings.

HB 337 – The House agreed with the Senate amendment to this legislation which repeals certain provisions regarding the selling and transferring of tax executions in lot blocks and provides for the aggregation of multiple tax executions into one sale.

HB 585 – Conferees were appointed to work out the differences on the "PBM" bill. This is the bill proposing to regulate those entities which are pharmacy benefit managers which are providing services or benefits in this state which constitute the practice as pharmacies. Conferees from the House appointed: Reps. David Graves, Ralph Twiggs, and Bobby Parham (all pharmacists). Conferees appointed by the Senate: Sens. Connie Stokes; Charles Walker; and Don Thomas.

HR 1612 – Reps. Ehrhart, Westmoreland, and Richardson introduced this Resolution urging the United States Congress to pass, and the President of the United States to sign, the legislation which completely bans human cloning. The bill was sent to the House Rules Committee.

HR 1619 – Reps. Parrish, Coleman, and Channell introduced this Resolution in an effort to commend the Pharmacia Corporation of Peapack, New Jersey in their creation of the Patient-In-Need Program to provide low-income citizens of Georgia access to Pharmacia products for a $5.00 pharmacy fee. Pharmacia Corporation is working in cooperation with the Georgia Cancer Coalition on cancer research, prevention, early detection, and treatment.

HR 1650 – Reps. Lanett Stanley and Pam Stanley have co-authored this Resolution creating the House Commission on Psychiatric Medication of School-Age Children. This Commission will be composed of eight persons including four House members and the other four appointed by the Governor. This will investigate the use of psychiatric medications and their effects on school-age children and provide for recommendations for improved oversight of the prescribed use of narcotics on Georgia’s children.

HR 1651 – Reps. Orrock and others introduced this proposal urging the United States Congress to oppose implementation of a national missile defense system and to redirect funds towards real security needs (healthcare education, and a clean environment).

HR 1652 – Rep. Buckner authored this Resolution to create the House Student Financial Planning Study Committee to review the level of adequacy and effectiveness of the middle and high schools in Georgia in comparison to other states’ schools.

HR 1661 – In an effort to give some acknowledgement for work well done in relation to the Tri-State Crematory issues, Reps. Snow, Coleman, Walker, and Reece introduced this Resolution commending the Georgia Emergency Management Agency Director Gary McConnell for work with the proper handling of the bodies in Walker County.

HR 1692 – Rep. Orrock and others also authored this Resolution in an effort to urge congressional action to "ensure all necessary steps are taken to protect the people of Georgia from terrorist, environmental, safety, and health threats posed by plutonium transported through our state and processed, stored, and handled near our borders, including minimizing the need for any such transport, processing, storage, or handling of plutonium."

SR 1003 – Sen. Hill and Sen. Moore introduced this proposal to create a Senate Study Committee on Prescription Drugs for Seniors. This will look at prescription drug prices, manufacturers’ programs for seniors, and possible revisions to coverage where appropriate to ensure that special health care agreements with pharmaceutical manufacturers properly address the increasing costs for prescription drugs.

SR 1004 – Sen. Hill and Sen. Meyer von Bremen co-authored this measure in an effort to create a Senate Study Committee on Cultural Tourism. This Committee will be comprised of six Senators and will look at ways in which Georgia can encourage tourism throughout the State including looking at the State’s rural and smaller communities’ craft fairs, festivals, and historical sites.

SR 1014 – Sen. Nadine Thomas introduced this Resolution commending the Shepherd Center in Atlanta. The Resolution urges each Georgia hospital, trauma center or other medical Center to "consult with and make referrals to Shepherd Center when presented with emergency patients identified as having suffered a spinal cord injury."

SR 1017 – Sen. Regina Thomas introduced this Resolution urging Congressional action to ensure all necessary steps are taken to protect the people of Georgia from terrorist, environmental, safety, and health threats posed by plutonium transported through Georgia and processed, stored, and handled near borders, including minimizing the need for any such transport, processing, storage, or handling of plutonium.

SR 1018 – Sens. Stokes and others introduced this Resolution recognizing April 16, 2002 as "Equal Pay Day." This is to raise awareness about wage discrimination in the United States.

Day 40 – Sine Die will take place on Friday, which will conclude a very long Session. Thursday will be an opportunity for Conference Committees to meet and finalize bills.