April 17, 2003

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

Today, Legislators marked the 38^th day of the Regular Session.  The Senate stayed in Session longer than the House.  Tensions are high, needless to say.  

During the middle part of the afternoon, Sen. Don Balfour, Chairman of the Senate Rules Committee, remarked that it was interesting that the House had not taken up many of the Senate’s bills.  He questioned whether he and his colleagues had passed any good legislation, whether this was partisan, or whether the House actions were really bargaining chits.  Needless to say, he was less than pleased that many of the Senate bills appeared to be stalled in final passage.  

          The House, on the other hand, signaled that a tax was possible.  HB 379 was passed by the House in a vote requiring the Speaker to cast the deciding vote to give the House enough votes to send the bill on its way.  Ninety-one votes are required to pass such legislation. HB 379 would impose additional taxes on tobacco products, including a $.50 per pack tax on those products made by non-MSA entities (tobacco product manufacturers who are not participating in the Tobacco Master Settlement Agreement).  The Senate would be required to suspend its rules (requiring that the bill cross by the 39th day); it was not yet done.  Thus, the bill appears to be stalled.  

Floor News  

          Aside from the House’s passage of the Tobacco Tax bill, HB 379, here are a few others of interest which the House dealt with:  

·        HR 265 passed by a vote of 188 to 4.  This Resolution urges the State’s Department of Transportation to develop a network of bicycle lanes and bicycle-friendly road shoulders throughout Georgia .

·        SB 22, Sen. Butler’s bill, passed by a vote of 171 to zero.  The bill closes a loophole in the sex offender registry laws, which allow first-time offenders to avoid reporting their criminal record to prospective employers. Those who invoke first-offender status for sexual crimes will have to report their past when applying for jobs in schools or day care centers which supervise minor children.  (Later, Sen. Butler asked the Senate to agree to the House position on the bill (the House Special Judiciary Committee had amended the bill)).

·        The “key man” insurance bill, SB 156, passed  by a vote of 158to zero.  This legislation requires companies to obtain an employee’s permission prior to purchasing a life insurance policy on that employee, when the policy names the company as the beneficiary.  The bill also prohibits a company from purchasing life insurance on the employee’s dependents where the company is the beneficiary.

·        An election-code bill, SB 258, also cleared by a vote of 165 to 3.  The legislation brings Georgia ’s laws in line with the federal code.  The federal government has required passage of this change before Georgia can access $90 million in federal money for conversion of Georgia ’s current voting system to an electronic voting system.  

Speaker Coleman’s bill dealing with Georgia ’s Indigent Defense Act came back to the House from the Senate.  HB 770 proposes a new uniform way of providing defense lawyers to those otherwise unable to afford representation.  Major differences between the House and Senate versions of SB 770 deal with the method of appointing the Indigent Defense Oversight Commission’s members.  The Commission would establish rules and regulations governing Georgia ’s indigent defense system, and monitor their implementation.  In the House version, it  relies on a Public Defender Standards Council consisting of appointed personnel and acting public defenders from throughout the state.  The Senate proposed that such persons would appointed by  the Governor.  In the original version,  HB 770 proposed more local control by allowing the Chief Judge of each district’s superior court to serve on the public defender selection board for his or her judicial circuit.  The Senate substitute proposes this to be dealt with by the Indigent Defense Board and its appointed Indigent Defense Director.  The House disagreed with the Senate’s changes.  

          The Senate had a very long calendar.  Only one bill failed to gain passage:  HB 493, Rep. Drenner’s bill, dealing with openings and closings of bars and restaurants, failed to make it out of the Senate.  The vote was 23 yeas to 24 nays.  

HB 550 – This passed by a vote of 50 to zero.  This is one of the Governor’s proposals relating to State purchasing initiatives and contracts.  It proposes “benefits based funding” on  projects, which would “mean any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows:
(A) The vendor promises, or accepts the condition, that the improvements will generate actual and quantifiable savings or enhanced revenues; (B) The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and (C) The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract.”  It also proposes the use of an “external oversight committee,”  which would be comprised of the “executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the Governor’s designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Committee.”  

HB 551 – Another bill by Governor Perdue, this also passed by a vote of 51 to zero.  It proposes to alter the Student Finance Commission and Authority members in Article 7, Chapter 3 of Title 20 of the Code.  There were no Floor Amendments made to the bill.  The Student Finance Commission has a program on service-cancelable loans for students.  In the bill it defines:  

“CRITICAL SHORTAGE FIELDS. The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in any field of study that the authority, from time to time, designates by regulation as a field in which a critical shortage of trained personnel exists in the State of Georgia . Loans made under this paragraph need not be limited to students attending schools located within the State of Georgia . However, any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either:
(A) Practicing in the designated field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or
(B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.
The authority is authorized to place other conditions and limitations on loans made under this paragraph as it may deem necessary to fill the void that has created the critical shortage in the field.”  

HB 56 – Rep. Childers’ bill changing the membership of the Renal Dialysis Advisory Council  cleared, by Committee Substitute, by a vote of 47 to one.   It amends O.C.G.A. § 31-44-3 which states that such “shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing nutritionists working in renal dialysis facilities.”  Also, amendments were previously made to the bill relating to the State Medical Education Board so that it shall have the sole responsibility and authority for all state programs designed to assist Georgia communities with recruitment and retention of physicians.  It also changed provisions regarding funding of service cancelable loans for physicians in rural areas as found now in O.C.G.A. § 31-34-8 so that it now states: “The funds necessary to carry out the loan program authorized by this chapter may come from funds made available to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to the Board of Regents of the University System of Georgia for the specific purpose of the cancelable loan program authorized by this chapter. The board shall be an independent state agency assigned to the Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3.”

HB 372 – Rep. Dodson’s bill allowing county and municipal hospital authorities to pay back student loans cleared, by Committee Substitute with a Floor Amendment, by a vote of 46 to 3.  The bill amends O.C.G.A. § 31-7-75 (c):  

“To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; to provide grants, scholarships, loans or other assistance to such individuals and to students and parents of students for programs of study in fields in which critical shortages exist in the authority’s service area, whether or not they are employees of the authority; to provide for the assumption, purchase, or cancellation of repayment of any loans, together with interest and charges thereon, made for educational purposes to students, postgraduate trainees, or the parents of such students or postgraduate trainees who have completed a program of study in a field in which critical shortages exist in the authority’s service area; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens.”  

HB 43 – Rep. Channell’s bill providing for a sales tax exemption for entities in the archeological preservation business passed, by a Committee Substitute with a Floor Amendment, by a vote of 50 to zero.  

HR 68 – The Constitutional Amendment by Rep. Campbell, regarding the Supreme Court’s jurisdiction over certain questions of law from any state appellate or federal district or appellate court, passed by a vote of 51 to zero.  

HB 771 – Rep. Porter’s ethics bill proposal passed by Committee Substitute, with a Floor amendment, by a vote of 51 to zero.  Here are some of the many things that the bill addresses in Titles 21, 42 and 45:   

·        Comprehensive revision of provisions regarding ethics and conflicts of interest;

·        Revisions and changes to the powers, duties, and authority of the State Ethics Commission;

·        Revisions and changes to provisions regarding campaign contributions;

·        Revisions and changes to provisions regarding contributions to candidates for public office;

·        Provisions so that a candidate or public officer may donate excess campaign contributions to the state or a political subdivision of the state to defray all or part of the cost of conducting an election for the office for which such campaign funds were donated;

·        Substantial changes to provisions regarding financial disclosure statements; and

·        Revisions and changes regarding public officials’ conduct and lobbyist disclosure reports; etc.  

HB 597 – The Secretary of State’s bill dealing with the reduction of numbers on the licensing boards passed with the Floor Amendment by Sen. Johnson by a vote of 45 to 2.  Each board, which is greater than five members, would be reduced by one person with the person being removed selected by the Governor. The bill had passage suspended on April 14, 2003 under Rule 143.  

HB 792 – Rep. Porter’s comprehensive revisions to O.C.G.A. § 9-11-23 governing class action lawsuits cleared the Senate by Committee Substitute by a vote of 44 to 1.  This bill  makes Georgia ’s law more in line with the federal rules and allows discretionary appeal rights, following Alabama ’s laws, on orders granting or denying class certifications.  (The House had stricken the portion of the bill dealing with the discretionary appeals rights which was patterned after the Alabama law.)  

HB 893 – Rep. Lane ’s bill amending Title 10 which prohibits the sale of certain cigarettes when such are manufactured by a tobacco manufacturer not included in the directory data base,passed the Senate by  a vote of 48 to zero.  This deals with those entities which are not participating in the Tobacco Master Settlement Agreement.  

HB 619 – Rep. Harbin’s bill, providing for the issuance of group accident and sickness insurance under a franchise group plan, passed by a vote of 49 to zero.  This passed by Committee Substitute without additional changes.  The insurer may issue individual policies to each member or may issue individual certificates of coverage. This adds language in O.C.G.A. § 33-30-1(c) so that if an individual certificate of coverage is issued, the insurer also must provide a complete copy of the group policy to the individual member upon request of such member.  

HB 261 – Rep. Parham’s annual update to the State’s controlled substances and prescription drug list and which prohibits certain opioid treatments passed by a vote of 50 to zero.  An amendment was attempted by Sen. Nadine Thomas in an effort to allow for advanced professional registered nurses the right to prescribe drugs.  Additionally, it was thought that SB 179, which would have allowed electronic prescribing, would be attached.  From discussions heard on the Senate Floor, Sen. Thomas’ amendment was ruled not germane and the SB 179 language was not included.  However, it is believed that a Floor Substitute was somehow slipped into the process which would allow for electronic prescribing.  

HB 246 – Rep. Birdsong’s change to the “sunshine laws” concerning public records’ inspection and the redaction of information cleared with a vote of 46 to zero without changes.  The bill changes the language regarding “exceptions from the requirements of disclosure of public records.”  It also provides for an exception for records from public disclosure requirements with when such relate to emergency "911" system which would contain information revealing the name, address, or telephone number of a person placing a call to a public safety answering point.  That information may be redacted from such records in certain cases when it would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation.  

HB 506 – The bill, which will allow manufactured homes and mobile homes to be considered a fixture on property so as to clarify when such are personal or real property, passed by a vote of 47 to zero.  It adds new language into the Code at O.C.G.A. § 8-2-180 et seq.  

HB 526 – The “Nursing Home Provider Fee Act” passed by Committee Substitute with a vote of 48 to zero.  This basically applies a bed tax so that those fees would be placed into a segregated account within the Indigent Care Trust Fund and then matched with federal dollars so that nursing homes could get better reimbursement for taking care of the medically indigent.  

HB 598 – The insurance fraud bill by Rep. Harbin passed with by Committee Substitute and a Floor Amendment by a vote of 50 to zero.  The Floor Amendment dealt with clarifying of who does this fraud – inserting the word “natural” before the word person so it is clear that it is an individual.  The bill amends current law in O.C.G.A. § 33-1-9 and provides that “persons who, as an agent or representative, solicit, negotiate, procure, or effectuate insurance coverage on behalf of an insurer who is not authorized to do business in this state or take certain actions with regard to such insurance commit insurance fraud.”  

HB 215 – The bill dealing with the use of credit and credit scoring as an insurance underwriting criteria passed without changes by a vote of 47 to zero.  This adds new language in O.C.G.A. § 33-24-90, et seq. so as to allow the use of such credit scoring and credit information, as long as it is not the sole basis for underwriting.  

HB 289 – Rep. Smith’s bill which allows forfeited sick leave to be restored for those former State employees who return to work to the State.  This amends the current law found in O.C.G.A. § 45-20-16.  There were no changes made on the Floor and the bill passed by a vote of 42 to one.  

HB 352 – Rep. Harbin’s legislation dealing with licensing boards passed with a Floor Amendment so that if someone was practicing as an “athletic trainer” but not licensed to do so then he or she would be guilty of a misdemeanor of a high and aggravated nature.   The underlying bill amends O.C.G.A. § 43-1-19(h)(5) so that “when a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending.”  It passed as amended in Committee with the Floor Amendment by a vote of 47 to zero.  

HB 414 – Rep. Jenkins’ bill dealing with pre-trial motions passed with a Floor Amendment by Sen. Clay by a vote of 49 to zero.  The original bill proposes changes to Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions.  It strikes O.C.G.A. § 17-7-110 and inserts new language so that “All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court.”  Sen. Clay’s amendment provides that “it shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States.”

New Legislation  

HB 1008 – Rep. Graves has proposed some changes to Chapter 34 of Title 43 concerning powers and responsibilities of the Composite State Board of Medical Examiners.   

HB 1012 – Reps. Moraitakis and Orrock have proposed amending Article 1 of Chapter 30 of Title 33 to provide for group accident and sickness insurance policies to include coverage for diagnosis and treatment of infertility.  It will prohibit insurers from imposing certain exclusions or limitations on coverage.  “Infertility” is defined as a disease or condition that results in the abnormal functioning of the reproductive system such that a person is not able to: 1) impregnate another person; 2) conceive after two years of unprotected intercourse if the female partner is under 35 years of age or one year of unprotected intercourse if the female partner is 35 years of age or older or one of the partners is considered medically sterile; or 3) carry a pregnancy to live birth.”  The policy shall provide coverage that includes, but is not limited to, the following services related to infertility:  

          1) diagnosis and diagnostic test;

          2) medications;

          3) surgery;

          4) in vitro fertilization;

          5) artificial insemination;

          6) embryo transfer;

          7) gamete intrafallopian transfer;

          8) zygote intrafallopian transfer;

          9) intracytoplasmic sperm injection; and

          10) four competed egg retrievals per lifetime of the covered person.  

There are some limitations on in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer.  The insurer will be required to provide for: 1) experimental infertility procedures until such becomes recognized as non-experimental and so recognized by the Commissioner; 2) surrogacy; 3) reversal of voluntary sterilization; or 4) cryopreservation of eggs.  There are some prohibitions included on deductibles, co-payments, coinsurance, benefit maximums, waiting periods, and other limitations which might be imposed on other services – therefore there can be no differences between such.  

HB 1016 – Reps. McCall and Hudson have proposed changing O.C.G.A. § 43-34-103 to provide for actions of such physician’s assistants with regard to professional samples.  The physician’s assistant shall be allowed to request, receive, and sign for professional samples and may distribute professional samples to patients, pursuant to authority delegated by the supervising physician of that physician’s assistant.  The delegation shall be in the job description and a list must be maintained and approved.  

HR 780 – Reps. Harbin, Dodson, and Stephens have co-authored this Constitutional Amendment for Article III, Section IX, Paragraph VI in order to allocate the total revenue from the State’s proceeds of the Tobacco tax to fund indigent healthcare in hospitals, the care provided to trauma patients in trauma hospitals, and public health education programs on tobacco cessation.   

HR 815 – Reps. Randall, Greene-Johnson, and Buckner have proposed memorializing Congress to ensure mandatory funding for veterans’ healthcare.  

SR 445 – Sen. Thompson has authored this Resolution which proposes the creation of the Senate Study Committee on the Filing and Approval of Property and Casualty Insurance Rates.    These are subject to regulation by the Commissioner of Insurance and the Consumer’s Insurance Advocate.  The process, under which rates are filed and approved, has been amended by the General Assembly and many amendments have been adopted on an ad hoc basis, without a comprehensive review of the whole filing process and its impact on Georgia consumers.  The Committee would be composed of five members with one being the Chairman of the Senate Insurance and Labor Committee.  It would meet five times and make a report on or before December 1, 2003 with any possible legislative recommendations.  

SR 461 – Sens. Unterman, Williams, Price and Thomas have co-authored this Resolution creating the Senate Medicaid Study Committee.  This will look at growing costs in providing Medicaid services to needy Georgians who otherwise would be without access to healthcare.  The Study would look at current policies and procedures of Medicaid and to develop statistics on utilization, costs, and expenses to enable the General Assembly to understand and determine appropriate levels of service and expenses of Medicaid.  It would review current programming to determine if new programs are needed and whether current programs are being implemented in the most efficient and effective manner.  This would be composed of five Senators and will meet five times and make a report back with any findings, recommendations, and suggestions for proposed legislation on or before December 31, 2003.  

Committee News  

          House Judiciary Committee  

          SB 132 cleared the Committee by Committee Substitute on Wednesday and was reported out today.  This bill amends current law relating to reservation of names and filing fees for corporations, non-profit corporations, limited partnerships and limited liability companies.  Current law, as found in O.C.G.A. § 14-2-122, has fees as follows:  

Articles of Incorporation - $60.00 (new proposal raises this to $100.00)

Application for Certificate of Authority - $170.00 (new proposal raises this to $225.00)

Annual Registration - $15.00 (new proposal raises this to $30.00)

Application for Reservation of a Corporate Name – no fee (new proposal implements a fee of $25.00).  

The bill states that when an entity goes to reserve a corporate name, and if the name is available, then the entity must use the name within 30 days by filing articles of incorporation.  Otherwise, basically the name is lost.  If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, then he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee.  This same process would apply to non-profit corporations, limited partnership names, and limited liability companies.  

          The Committee held SB 347, by Sens. Meyer von Bremen and Adelman.  The bill was confusing to the Committee and the authors were not present to provide a full explanation of the bill’s intent.  It proposes to amend O.C.G.A. § 44-13-120 so that it would read as follows:

“As against a judgment creditor resident in another state or an assignee or successor in interest to a judgment creditor resident in another state, a judgment debtor resident in Georgia shall be entitled to assert, in lieu of any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state of residence of the judgment creditor if the judgment debtor were a resident of that state.”  

The bill will be heard again in Committee on Monday, April 21, 2003.  

          House Health and Human Services Committee  

          This Committee reported out a Substitute to SB 333, which provides for a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location.  This Substitute would provide that the Department of Human Resources be required to offer a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location.  The program shall include vaccinations which are recommended by the United States Public Health Service and in accordance with the Federal Emergency Management Directors Policy and may include but not be limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, and pneumoccal.  An emergency responder would be exempt from the vaccination when a written statement from a licensed physician is presented to the Department indicating that a vaccine is medically contraindicated for that person or the emergency responder signs a written statement that administration of a vaccination conflicts with his or her personal choice or religious beliefs.  The Department would be required to notify the emergency responders of the availability of the vaccination program and the risks associated with such vaccinations and would be required to provide educational materials to emergency responders on ways to prevent exposure to infectious diseases. This program would only be implemented based upon receipt of federal funding or grants for aid available for such.  The bill also adds a section concerning the isolation and segregation of diseased persons and quarantine.  This is added at O.C.G.A. § 31-12-4.1.  It deals with access to smallpox and its vaccination and treatment program as already implemented by the United States.  There is a waiver of immunity provided unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct for a hospital which participates in a smallpox vaccination and treatment program or employees, agents, or healthcare workers of such hospital and no licensed healthcare provider, healthcare worker, or other person who participates in such smallpox vaccination treatment, whether or not such provider, workers, or person is an agent or employee of said hospital.  Thus, these would not be liable 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 said hospital, employee, agent, healthcare provider, healthcare worker, or other person as a result of such individual’s receipt of services from or related to such smallpox vaccination and treatment program.  

Other News  

          Budget Conferees plan to work on Friday, April 18, 2003 and possibly more before Legislators return to the Capitol for the 39^th day on April 22, 2003.  Yesterday, a new plan to assist the State’s hospitals by using the Department of Education’s monies in the amount of $30 million was circulated.  The plan would be to allow the Department of Community Health to use those monies in order to draw down an additional $45 million in federal monies for the Medicaid program.  In return, the hospitals would have to fund the school nurse program.  Rather than only disproportionate share hospitals supplying this funding for the school nurse program, the new proposal would require all hospitals to fund the program in order to each get some share of the monies in the form of increased reimbursement.  There are a number of concerns about this proposal –such as how the Department of Education would be paid for the school nurses (i.e. directly by the hospitals or how).