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January 16, 2004
Today, the Georgia
General Assembly convened for Day 5 of its Session. The highlight of the
morning’s activity was the Joint House and Senate presentation made by Chief
Justice Fletcher of the Georgia Supreme Court who came before the assembled body
to present the State-of-the-Judiciary.
Floor News
The Senate labored long and hard over a bill dealing with eminent domain issues
relating to power transmission lines, HB 373. Meanwhile, in the House, it dealt
with some local legislation prior to the Joint House and Senate Session.
New Legislation
HB 1061 – Rep. Stephens and others have proposed amending Chapter 5A of Title 31
in an effort to provide for a price schedule of maximum manufacturer prices for
patented prescription drugs and certain other drugs sold in Georgia for use with
humans. Among its provisions, is that it proposes that a maximum price be
established by the Public Service Commission. This price schedule shall prohibit
excessive and discriminatory pricing of patented prescription drugs sold in
Georgia for the purpose of providing affordable access to medically necessary
prescription drugs for all Georgia residents. Further, the Public Service
Commission shall evaluate at least semi-annually the wholesale prices actually
charged to pharmacies for patented prescription drugs sold in Georgia. It also
proposes a calculation of actual Georgia average wholesale prices. Such Georgia
average wholesale prices, as determined by the Commission, shall be used by any
insurer as the “reasonable and customary prices for patented prescription drugs
for purposes of reimbursing pharmacies in this state under any health benefit
plan or policy of the insurer.” Further, the Commission “shall have the power to
examine books and accounts of any manufacturer, wholesaler, or retailer of
patented prescription drugs sold in this state, to subpoena witnesses and
documents, to administer oaths to witnesses, and to examine them on all matters
of which the Commission has jurisdiction.” Further, a report will be made on or
before January 1 of each year on patented prescription drug prices in Georgia –
the Report would be done by the Public Service Commission and the Commissioner
of the Department of Community health. This has been referred to the House
Industries Committee.
HB 1177 – Reps. Powell and Parham have proposed a change to O.C.G.A. § 40-5-32
(c) concerning renewal of licenses and re-examination required. It strikes the
requirement that the Department of Motor Vehicle Safety has to issue a pamphlet
containing information pertaining to new traffic laws and those traffic laws
which are most frequently violated. Further, it proposes to amend O.C.G.A. §
40-5-51 so that the “privilege of driving a motor vehicle on the highways of
this state given to a nonresident under this chapter shall be subject to
suspension or revocation by the department only when suspension or revocation is
required by law for the violation. No points shall be assessed as provided in
Code Section 40-5-57 for any violation committed by a nonresident.” It also
proposes to eliminate the provision and issuance of forms by the department;
rather, the forms will be prescribed.
HB 1184 – Rep. Borders authored this amendment to O.C.G.A. § 48-8-3(75)(A)
concerning the sales tax holiday which is an exemption with respect to the sale
of certain school supplies, clothing, footwear, computers, and computer related
accessories. He proposed that this commence at 12:01 A.M. on July 29, 2004 and
conclude at 12:00 Midnight on August 1, 2004. In the House, he made a motion to
engross this measure today.
HB 1187 – Rep. Dean and others have proposed changing Chapter 3 of Title 48
proposing to change the provisions relative to the issuance and transfer of tax
executions. The tax collector or tax commissioner shall issue executions for
non-payment of taxes collectable by him or her as soon as 30 days has elapsed
since giving notice as provided. Currently, the law is “at any time after 30
days.” It also proposes that “as soon as a tax execution has been issued, the
tax collector or tax commissioner shall make such execution available for
transfer to any person who pays the amount of the execution, as provided in
O.C.G.A. § 9-13-36.”
HB 1188- Reps. Dean and others have proposed changes to Chapter 4 of Title 48
relating to the purchases under executions and the right of redemption of
property so sold. It changes the notice of foreclosure of right of redemption so
that it must be served on the tax collector or tax commissioner and also
proposes that after a tax execution transfer or a tax sale,, until such notice
is served, the tax collector or tax commissioner shall continue to send tax
bills to the owner or the person having the right of redemption.
HR 988 – Rep. Mills and others offered this Resolution urging the United States
Congress to support President Bush’s effort to protect the United States from
terrorists and the proliferation of weapons of mass destruction.
SB 432 – Sens. Price, Johnson, Seabaugh, Balfour and Thomas have taken the lead
with a new version of tort reform this Session. Among its provisions, this bill
proposes to amend Title 51 and provide for limited liability for certain
healthcare providers for treatment of certain emergency conditions, provides for
apportioning damages, and capping damages. It defines “dedicated emergency
department” as any department or facility of the hospital, regardless of whether
it is located on or off the main hospital campus, that meets one of the
following requirements: “A) it is held out to the public, by name, posted signs,
advertising, or other means, as a place that provides care for emergency medical
conditions on an urgent basis without requiring a previously scheduled
appointment; or B) during the calendar year immediately preceding the calendar
year in which a determination under this Code section is being made, based upon
a representative sample of patient visits that occurred during that calendar
year, it provided at least one-third of all of its outpatient visits for the
treatment of emergency medical conditions on an urgent basis without requiring a
previously scheduled appointment.” Further it defines “emergency medical
condition” – such as a condition which manifests itself by acute symptoms of
sufficient severity (such as extreme pain) or a pregnant woman having
contractions and there is not adequate time to affect a safe transfer to another
facility before delivery. In does propose to limit the limitation on liability:
it shall not apply to any act or omission in rendering care or assistance: 1)
unrelated to the original medical condition for which the individual sought care
or assistance; or 2) which occurs more than 24 hours after the hospital or
health care provider began rendering such care or assistance.” It also provides
a definition for non-economic damages. It proposes to limit such non-economic
damages to $250,000.00 in any verdict returned or judgment entered in an action
for medical malpractice as defined in O.C.G.A. § 9-3-70, including an action for
wrongful death, the total amount recoverable for any injury to, or death of, a
claimant for non-economic damages shall not exceed the $250,000 amount –
regardless of the number of parties who brought the action.
Committee News
The House Human Development Subcommittee of the House Appropriations Committee
met this morning to discuss the Department of Human Resources’ portion of the
Budget. It asked that the Department provide it with details about which
programs were proposed to be cut and/or eliminated and that it meet again with
the Subcommittee on Wednesday, January 21, 2004 at noon to discuss those cuts
and/or eliminations.
Other Appropriations meetings will be held next week beginning Tuesday.
If you have any questions regarding this Report, please contact Stanley S.
Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.
If you have any questions regarding this Report, please contact Stanley S.
Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.
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