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January 15, 2004
Many were reeling
this morning over the huge Budget proposal for FY 2005. Lobbyists were delving
into the voluminous document, trying to determine whether their represented
entities received a cut or an addition.
Floor News
Yesterday, the Senate had a Floor Substitute offered on HB 373 which is an
amendment to Chapter 2 of Title 22 concerning condemnation procedures and the
timing for hearings before a special master and the required notice provisions
by certified mail for condemnations. The amendments relate to exceptions made
for condemnations for purposes of constructing or expanding one or more electric
transmission lines. In those, the hearing before the special master shall take
place not less than 30 days and not more than 40 days after the date of service
of the order. In condemnations for purposes of constructing or expanding one or
more electric transmission lines, in addition to service of the order, a copy of
the order must also be mailed via certified mail to any person shown by the
public ad valorem tax records of the county in which the property is located to
have an interest in the property and to any other person having open and obvious
possession of the property. Further, the bill addresses changes to Chapter 3 of
Title 22 relating to power of eminent domain.
Yesterday, the Senate also recommitted the House Children and Youth Committee
Substitute on HB 316 which adds a new Code Section at 35-3-34.1 and relates to
the Georgia Crime Information Center. It authorizes the exchange of national
criminal history background checks on providers of care to children, the
elderly, and persons with disabilities. This applies to volunteers with youth
sports organizations and other youth activities too. It would require a national
criminal history background check to be done both at the state and federal
levels.
Today, Governor Perdue’s Faith-Based Initiative, SR 560, cleared the Senate and
is now on its way to the House for consideration. The bill passed as the
Governor originally proposed even though an attempt was made by Sen. Steve
Henson to substitute SR 560 with the version of the faith-based initiative
introduced in 2003, SR 1 which had been Sen. Harp’s version of this issue. There
were, however, attempts to amend SR 560 on the Floor in an effort to deal with
the school voucher and non-discrimination issues (which included some
accountability language). Some fear that these churches, synagogues, and other
faith-based groups may get these State funds and they may not be used for their
intended purpose to provide services to those in need. Thus, many would like to
see some type of required accountability provisions. However, these amendments
failed to get passage (they only got 22 votes). Passage of the bill was 40 to 14
with the two-thirds majority required for the Constitutional Amendment.
New Legislation
SB 422 – Sen. Unterman has offered a reprisal of a bill proposed previously to
define and provide for a new category of facilities to be known as “assisted
living facilities” and to designate varying levels of such facilities as Levels
I or II. This would eliminate “personal care” homes and services. It would
define such assisted living facilities in Title 31 and such would be known as a
“healthcare facility” as defined in O.C.G.A. § 31-6-2(8). Levels I and II would
be based on a person’s ability to perform “activities of daily living” which
include eating, bathing, grooming, dressing, toileting, transferring,
ambulation, and self-administering medications. Level I facilities would not
provide services for bedridden or bed-bound persons and replaces the “personal
care home category” previously in place. A Level II facility would provide
limited nursing services of less than 24 hours duration. It would, however,
provide 24-hour watchful oversight, 24-hour awake staff, and assistance with
activities of daily living and instrumental activities of daily living for two
or more adults who are not related by blood or marriage to the owner or
administrator of the home. Instrumental activities of daily living include such
things as preparing meals, shopping, managing money, using the telephone, light
housework, and transportation. Some of the requirements for the resident include
an examination by a physician not employed by the facility prior to admission.
These facilities would be licensed annually and the Department of Human
Resources would have oversight of the facilities and do periodic inspections as
well as promulgate rules and regulations for oversight. These facilities will
also have requirements for their staff – such that employees must have training
and continuing education annually as determined by the Department of Human
Resources. There is also a deeming provision for currently licensed personal
care homes as of January 1, 2005. These will be Level I facilities. Sales of
these facilities will require the facility to apply for and receive a new
license. Additionally, it proposes in O.C.G.A. § 49-4-142 that the Department of
Community Health seek a waiver to authorize Medicaid payments or otherwise
provide Medicaid funds for persons certified as eligible to receive Medicaid who
are receiving care in a licensed assisted living facility – Level II. (Such
would be done through a pilot program in two sites (one rural and the other
urban)).
SR 580 – Sen. Cagle proposed this Constitutional Amendment to provide that the
sales and use tax for educational purposes may also be imposed in whole or in
part for maintenance and operation of public schools with an equivalent millage
rate reduction. This would apply to any county school district rather than each
school district as is current law. It also proposes a second option for the
purposes for which the proceeds of the tax can be used and expended including
the use of an amount equal to 25% of the amount of proceeds collected in each
year in which the tax is levied for the reduction of the millage rate against
tangible property within the school district for educational maintenance and
operation purposes in an equivalent amount and the remaining 75% of such
proceeds for: 1) capital outlay projects for educational purposes; 2) retirement
of previously incurred general obligation debt with respect only to capital
outlay projects of the school system with limitations; or 3) some combination.
It also proposes a third option for the proceeds for the tax to be used so that
it may be expended solely for the purpose of reducing the millage rate against
tangible property within the school district for educational maintenance and
operation purposes. This was assigned to the Senate Finance Committee.
SR 581 – Sen. Cagle has authored a proposed Constitutional Amendment to provide
for limitations upon the rate of increase of the ad valorem tax millage rate and
value of property in Article IX, Section IV, Paragraph V, “Limitations on
millage rate or valuation increases.” The limit would not exceed a percentage
greater than any change in the rate of economic inflation on individual
taxpayers as determined by the State’s revenue commissioner.
The limitations proposed would not apply to: “1) increases necessary to fund
federal or state mandates on such county, municipality, or school district for
which no or insufficient federal or state appropriations have been made or to
fund expenditures necessitated by natural disasters; 2) with respect to any
local taxing jurisdiction which has in effect a homestead option sales and use
tax; or 3) with respect to any local taxing jurisdiction which has in effect a
homestead exemption regarding ad valorem taxes of that local taxing jurisdiction
in an amount equal to the amount by which the current year assessed value of
homestead exceeds the base year assessed value.” This measure was referred to
the Senate Finance Committee.
SR 583 – The Bulldog Nation should be proud. Sen. Brian Kemp and others have
offered this Resolution honoring Vince Dooley for his leadership and outstanding
accomplishments as head football coach and athletic director at the University
of Georgia. In like manner, Sens. Kemp, Cagle, Hudgens, and Johnson have
proposed SR 584 to honor the incoming athletic director Damon Evans beginning
June 2004. The Senate read and adopted these Resolutions.
HB 1054 – School councils have been under Rep. Casas's and others’ scrutiny.
This proposal proposes amending O.C.G.A. § 20-2-86 and provides for a minimum of
seven council members for each school. The councils would be made up of 1) one
or more parents or guardians of students enrolled, excluding employees who are
parents or guardians of students; 2) one or more business persons selected by
the local board of education; 3) one or more certificated teachers, excluding
any personnel employed in administrative positions who are employed at least
four of the six school segments at the school; and 4) the school principal. It
also deletes the requirement to have five council members vote off a person if
the council member at issue is no longer active in the council as defined by the
bylaws. The bill was forwarded to the House Education Committee.
HB 1055 – Rep. Childers and others have co-authored this measure amending Part
1A of Article 2 of Chapter 5 of Title 46. It provides for the establishment of a
state-wide telecommunications system capable of providing audible universal
information access services to blind and print disabled citizens and authorizes
the Public Service Commission to contract for the administration and operation
of such. It also provides for criteria on the selection of that provider (it
requires that the contract be selected which is most advantageous to Georgia,
considering price, the interest of the blind and print disabled community in
having access to a high quality and technologically advanced interactive audible
universal information access system, maintaining such system, and receiving
training on the use of such service, outreach efforts, and all other factors
listed in the commission’s request for such proposals). The bill was referred to
the House Health and Human Services Committee.
HB 1138 – Rep. Smith and others have proposed changing the law governing smoking
in public places to provide for the crime of smoking in a motor vehicle on a
state highway, county road, or municipal street or on private property while a
child is restrained in a child passenger restraining system. This change is
proposed for O.C.G.A. § 16-12-2.1. Violators would be subject to fines of no
more than $15.00 provided that provisions of Chapter 11 of Title 17 and any
other provision of law to the contrary notwithstanding, the costs of such
prosecution shall not be taxed nor shall any additional penalty, fee, or
surcharge to a fine for the offense be assessed against the person convicted.
The bill was referred to the House Transportation Committee.
HB 1139 – Rep. Childers has proposed a new tax by assessing each person or
company which “services, maintains, operates, or leases as lessor any burglar
alarm system, fire alarm system, or other electronic security system” to pay to
the county or municipal corporation in which that system is installed a fee of
$1.00 per month to offset the cost to such political subdivision caused by false
alarms sounded by the systems. This is proposed to be added at O.C.G.A. §
36-60-12. The bill was forwarded to the House State Planning and Community
Affairs.
HB 1140 – Rep. Dodson has proposed a change to Article 2 of Chapter 5 of Title
48 so as to exempt from taxation up to $75,000.00 of the assessed value of any
recreational boat whether owned or held in inventory by an individual,
partnership, or corporation. Further, the bill contains language for a
referendum on this issue to be held on the November 2004 election. The bill was
referred to the House Ways and Means Committee.
HB 1141 – Rep. Childers and others have proposed a change to the scope of
practice and laws governing dentists and hygienists by changing provisions such
as those relating to “conscious sedation” and providing for an additional means
to receive a license to practice dentistry. Further, among the bill’s proposed
changes in Chapter 11 of Title 43, it establishes requirements and procedures to
obtain a license to practice dentistry based on credentials. The proposed
definition for “conscious sedation” states: “a minimally depressed level of
consciousness that retains the patient’s ability to independently and
continuously maintain an airway and respond appropriately to physical
stimulation or verbal command and that is produced by a pharmacological or
non-pharmacological method or combination thereof. A patient whose only response
is reflex withdrawal from repeated painful stimuli shall not be considered to be
in a state of conscious sedation. The use of nitrous oxide is not considered
conscious sedation for purposes of this chapter.” Some additional changes
proposed include that applicants for a license to practice dentistry must have
received a doctor of dental surgery degree or a doctor of dental medicine degree
from a dental school approved by the board and accredited by the Commission on
Dental Accreditation of the American Dental Association or its successor agency,
if any. (Currently, it only requires that the school be accredited.) Further,
the changes require a person applying for a license to pass a clinical
examination approved by the board and a jurisprudence examination on the laws of
this state and rules and regulations as they relate to the practice of dentistry
as established and approved by the board. Once a person applies to practice
dentistry, that person then consents to the performance of a criminal background
check. It also strengthens the law when a person practices dentistry under
another’s license. Currently, if a person or practice is found guilty of such,
that is a misdemeanor. The changes in this proposal would make this a felony
punishable by a fine of not less than $500 and not more than $1,000 or by
imprisonment of not less than two nor more than five years or both. The bill was
forwarded to the House Health and Human Services Committee.
HB 1148 – The Governor has had new powers proffered to him, if the bill by Rep.
Reece and others passes. This bill proposes to amend Georgia’s current law known
as the Georgia Death Investigation Act as found in Article 2 of Chapter 16 of
Title 45. It adds a new Code Section at 45-16-22.1: “Notwithstanding the
provisions of Code Section 45-16-22 or any other provision of law, the Governor
shall have the authority to order an autopsy for any deceased person whose death
occurred in this state or whose body is located in this state.” The House
Special Judiciary Committee will hear more on this bill.
HB 1151 – In an effort to keep students safe, Rep. Stephens and others have
proposed changes to O.C.G.A. § 20-2-211(e)(1) so that all personnel employed by
a local unit of administration (currently, this only applies to those employed
after July 1, 2000) whether or not they hold certificates from the Professional
Standards Commission shall be required to be fingerprinted and have a criminal
background record check made. The local unit of administration currently can
employ persons up to a maximum of 200 days when the person holds a certificate
under a provisions or temporary contract and can employ a person who does not
hold such a certificate for a maximum of 200 days in order to allow for the
receipt of the results of the criminal record check – the maximum allowed time
the person can be hired is proposed to be reduced to 90 days in both instances.
The bill was sent to the House Education Committee.
HB 1152 – Rep. Bordeaux and others proposed this change to O.C.G.A. §
48-2-35(b)(1)(A) so that a claim of a tax refund or fee which was erroneously or
illegally assessed and collected may be made by the taxpayer at any time within
seven years thereafter (current law is three years). This would become effective
upon approval by the Governor if passed and would be applicable to taxable years
beginning on or after January 1, 2004. The bill was forwarded to the House Ways
and Means Committee.
HB 1153 – Rep. Murphy and others have co-authored this change to Chapter 4 of
Title 50 relating to privatization contracts. It specifically amends O.C.G.A. §
50-4-5 and O.C.G.A. § 50-4-6. It adds an invalidation provision of such
contracts when those are entered into without compliance with the law and adds
an exception and when such exception may apply (which requires that for the
exception to apply the Governor must by executive order make a prior written
finding to such effect). This measure was forwarded to the House Judiciary
Committee.
HB 1165 – A Title 10 change has been proposed by Rep. Amerson and others. It
amends the “Fair Business Practices Act” and provides for certain items to be
made available to a consumer in connection with rebates and also provides for a
time period in which the rebate must be forwarded (when the consumer must
complete a separate transaction or submission, then that rebate must be
forwarded to the consumer within two weeks after receipt of the required items).
This would be added at O.C.G.A. § 10-1-393.8. The measure was forwarded to the
House Committee on State Institutions and Property.
HB 1170 – Rep. Holmes and his colleagues have co-authored this proposal amending
Article 3 of Chapter 4 of Title 48 pertaining to redemption of property sold for
taxes so as to require that the purchaser of the property, at the tax sale, make
a quitclaim deed to the defendant in Fi Fa within 60 days (currently, there is
no time requirement) after the property is redeemed. Among other provisions, it
also requires certain purchasers (those who purchase more than 20 properties in
a calendar year) at tax sales to have reasonably accessible offices within the
county in which the property is purchased. The bill was referred to the House
Ways and Means Committee.
HB 1171 – Predatory lending is perhaps back on the radar. Rep. Holmes and others
have proposed changes to Chapter 6A of Title 7, “Georgia Fair Lending Act.” It
proposes changes in limitations on late payment charges; clarifies practices of
what constitutes flipping of home loans; repeals provisions concerning the
limitation of the recovery of attorneys’ fees and costs in certain actions;
changes provisions relating to claims and defenses for violations of the Act;
repeals the authority of the Department of Banking and Finance to promulgate
rules and regulations under the Act; etc. The measure was forwarded to the House
Banks and Banking Committee.
HR 980 – Rep. Mills and others have authored this proposal to urge the United
States Congress to enact social security personal retirement accounts. This was
referred to the House Ways and Means Committee.
HR 982 – Rep. Mills and others have proposed this Resolution urging the United
States Congress to abolish the death tax permanently. This was sent to the House
Ways and Means Committee.
HR 983 – Rep. Heckstall and others have proposed this Resolution to amend the
Rules of the House of Representatives, specifically Rule 13. It would read:
“When the House is in session, representatives shall conduct themselves at all
times with dignity and in a manner to ensure decorum in the deliberations of the
body and shall be called to order by the Speaker for activities to the contrary,
including eating at desks, reading newspapers and other materials not pertinent
to legislation, unnecessary conversation, and inappropriate dress. The members
of the House shall refrain from private conversations and shall preserve silence
when another member has the floor and is speaking. There shall be no smoking in
the House of Representatives chamber or in the House anterooms while the House
is in session, or in any committee or subcommittee meeting thereof. There shall
be no smoking in the restrooms on the north side of the House chamber while the
House is in session.” This measure was forwarded to the House Rules Committee.
Budget News
Governor Perdue’s lengthy Budget for FY 2005 has been released. Here are some
highlights:
Revenues are estimated at $15,294,294,737 for the year.
Lottery for Education is projected at $645,000,000.
Tobacco Settlement is projected at $156,370,000.
Brain and Spinal Injury Trust Fund is projected at $2,000,000.
Indigent Care Trust Fund is projected at $20,543,425.
Thus, a total of $16,118,208,162 in revenues is projected for the year.
Department of Community Health
(The numbering order used herein is the order as used in the Budget document):
1. Modify cost center standards and reduce add-ons in nursing home rate
calculations $18,587,535 cut (with federal funds, $46,725,832)
2. Reduce the rate paid for nursing home based hospice care $570,271 cut (with
federal funds, $3,778,318)
3. Implement a supplemental drug rebate program for all drug classes and include
the Texas Implementation of Medication Algorithms (TIMA) guidelines for treating
schizophrenia $9,310,408 cut (with federal monies, $24,315,964)
4. Increase the Average Wholesale Price (AWP) discount from 10% to 12%
$2,346,487 savings (with federal monies, $3,661,595)
9. Provide case management for in-home therapy visits $600,101 cut (with federal
monies, $1,508,739)
10. Eliminate coverage for optional services in Medicaid in the Adult Dental
Program $5,681,030 (with federal monies, $14,282,911)
14. Implement a fixed fee reimbursement methodology for Ambulatory Surgical
Services provided in an outpatient hospital setting $9,500,000 cut to hospitals
(with federal monies, $24,396,036)
16. Eliminate Medicaid coverage for those with incomes exceeding 185% of the
federal poverty level. This change will make Georgia consistent with all of the
other Southeastern states $17,675,912 cut (with federal monies, $44,434,168)
17. Implement a premium payment structure based on income for members covered by
PeachCare $10,609,078 savings
21. Increased state funding for Medicaid Benefits to fund the projected cost of
incurred claims for prior years and the projected cash need for FY 2004 claims
$376,211,190 (with federal monies, $945,967,287)
22. Fund the operating costs of the claims processing computer system $5,887,454
(with federal monies, $20,942,662)
23. Increase state funding for PeachCare Benefits to fund the projected cost of
incurred claims for prior years and the projected cash need for FY 2004 claims
$29,516,402 (with federal monies, $106,174,108)
24. Increase funding for the eligibility determination contract to reflect the
growth in PeachCare $554,370 (with federal monies, $1,979,896)
25. Implement a targeted case management program for frequent users of emergency
room services
26. Use existing SOURCE sites to provide disease case management to members with
the highest Medicaid cost
27. Implement strategies to address the State Health Benefit Plan premium
increase ($329,438,704) with such things as provide an optional more restrictive
drug benefit; increase maximum out-of-pocket amounts for pharmacy services; etc.
29. Restore reduction in Medicaid reimbursement for private nursing home care
$16,852,640 (with federal monies, $42,364,603)
35. Eliminate the Health Care Workforce Policy Advisory Committee Program and
one position $342,640 state monies
Department of Education
Some of the many changes are (the numbering order used herein is the order as
used in the Budget document):
3. Reduce QBE formula earnings $380,079,150 cut
4. Reduce pupil transportation $11,108,914 cut
8. Increase funding for QBE formula grants based on enrollment growth of 1.75%
$95,593,908
10. Increase funding for equalization grants $47,738,278
14. Increase funds to pay the 10% salary supplement for new teachers receiving
National Board Certification $5,629,256
Department of Human Resources
From Administration and funding for mothers to have healthy babies to suicide
prevention and tobacco cessation programs, all got cuts. Here are a few of the
proposed changes (the numbering order used herein is the order as used in the
Budget document):
1. Reduce funding for the Healthy Mothers Healthy Babies Powerline $16,000 cut
3. Eliminate funding for the Suicide Prevention Contract $100,000 cut
5. Eliminate funding for the Organ Donor Education Program in Grant in Aid to
County Health Departments $300,000 cut
11. Refinance children's foster care placements with federal TANF funds
$1,850,000 cut
14. Reduce funding in the Emergency Preparedness/Bioterrorism Program by 6.4%
and eliminate 3 positions $235,000 cut
15. Reduce funding for regional tertiary care centers $450,000 cut
22. Renegotiate and reduce DHR contracts and use of contracted consultants
$1,272,948 cut
27. Reduce Community Services to reflect the renegotiation and reduction of
department contracts and the use of contracted consultants $385,730 cut
28. Reduce funding to reflect the closure of the Medical Surgical Hospital at
Central State Hospital, and the acquisition of those services from the local
medical community as needed $5,000,000 cut
34. Transfer funds from Community Services to State Hospital Facilities Other
Care – Developmental Disabilities Services personal services ($545,400) and
Operating Expenses ($181,000) to support the placement of 25 children with
developmental disabilities in state operated group homes
41. Restructure and improve DFCS operations by eliminating 100 state level
positions and shifting another 65 state level positions to county DFCS offices
$3,475,000 cut
53. Reduce operational funding for the Long Term Care Ombudsman $66,562 cut
60. Eliminate funding for Joint Commission on Accreditation of Healthcare
Organization (JCAHO) fees and funding for 1 position. (JCAHO Accreditation
remains in effect until 2007) $310,094 cut
69. Adjust for the increased cost of the provision of services in the Community
Care Services Program an add of $3,000,000 (with federal monies, $7281,073)
70. Provide funds for an additional 460 slots in the Community Care Services
Program an add of $1,600,000 (with federal monies, $3,883,239)
Tobacco Dollars
Here are a few of the proposals and notes as to which Department funds these:
Medicaid expansion for pregnant women and infants $ 8,999,451 (DCH)
PeachCare for Kids Expansion for Children $ 4,970,705 (DCH)
Critical Access Hospital Reimbursement $ 3,500,000 (DCH)
School Nurses $30,000,000 (DCH)
Community Care Services Program $ 4,190,586 (DHR)
Newborn Hearing Screening $ 2,000,000 (DHR)
Breast and Cervical Cancer Treatment $ 3,474,205 (DCH)
Cancer Treatment for Low-Income Uninsured $ 3,547,455 (DHR)
Eminent Cancer Scientists and Clinicians $ 4,840,000 (Regents)
In total, the Department of Community Health is proposed to receive $58,087,386;
the Department of Human Resources $44,766,104; and the Board of Regents
$6,243,177.
If you have any questions regarding this Report, please contact Stanley S.
Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.
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