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January 24, 2004
Greetings! This
Report will highlight some of this week’s activities. The General Assembly stood
in recess this week to start detailed work on the Budget.
New Legislation
HB 1190 – This appears to be a bi-partisan effort to amend the State’s Education
laws found in Title 20. Reps. O’Neal, Coleman, Burkhalter, and Golick have
proposed revisions to provisions regarding education flexibility and
accountability; change provisions relating to school councils; address early
intervention programs; change budgeting, funding and accounting; change
provisions regarding program weights; change provisions regarding effectiveness
assessment; change organizations of schools; make amendments to the legislative
intent of charter schools which would be made at O.C.G.A. § 20-2-2061:
“It is the intent of the General Assembly to provide a means whereby a
petitioner may seek a performance based contract called a charter, which exempts
the petitioner from the provisions of this title, except as provided in this
article, or any state or local rule, regulation, policy, or procedure relating
to schools within an applicable school system regardless of whether such rule,
regulation, policy or procedure is established by the local board, the State
Board of Education, or the Department of Education; provided, however, that the
state board may establish rules, regulations, policies, or procedures consistent
with this article relating to charter schools. In exchange for such a waiver,
the school agrees to meet or exceed the performance based goals included in the
petition and approved by the local board, including but not limited to raising
student achievement.”
Further, it proposes changes to their petition process to establish such, and
changes provisions relating to the operation, control, and management
requirements for charter schools; amends duties of the Office of Education
Accountability; etc.
HB 1196 – Rep. Wilkinson and colleagues have proposed a change to O.C.G.A. §
9-13-36 relating to executions and judicial sales and particularly the transfer
of the execution upon payment, status of transferee, and recording necessary to
preserve a lien. It specifically prohibits that such would not apply with
respect to any execution issued for state, county, or municipal taxes or any
execution issued by any tax commissioner, tax receiver, or tax collector.
HB 1197 – Rep. Wilkinson and colleagues have proposed amending Article 3 of
Chapter 4 of Title 48 relating to redemption of property sold for taxes to
change provisions relating to the amounts payable for such redemption. It
specifically amends O.C.G.A. § 48-4-42: The amount required to be paid for
redemption of property from any sale for taxes as provided in this chapter, or
the redemption price, shall with respect to any sale made after July 1, 2004 be
the amount paid for the property at the tax sale as shown by the recitals in the
tax deed, plus any taxes paid on the property by the purchaser after the sale
for taxes, plus the amount expended by the purchaser after the sale for
improvements to the property, plus any special assessments on the property, plus
a premiums of 20% of the amount for the first year or fraction of a year which
has elapsed between the date of the sale and the date on which the redemption
payment is made and 10% for each year of fraction of a year thereafter.”
HB 1198 – Rep. Wilkinson and others have also proposed an amendment to Chapter
13 of Title 9 and to Chapter 3 of Title 48 relating to tax executions in order
to prohibit the sale of certain tax executions (those issued for state, county,
or municipal taxes or any execution issued by any tax commissioner, tax receiver
or tax collector). Further, the bill proposes to amend O.C.G.A. § 48-3-19 so
that “no officer whose duty it is to enforce an execution issued for state,
county or municipal property taxes shall be required to make any individual
transfers or transfers in lot blocks of such execution or executions, and the
sale or transfer of such execution or executions by such officer shall be
considered unlawful.”
HB 1199 – Rep. Lunsford and others have proposed an amendment to Article 3 of
Chapter 8 of Title 48 concerning special county sales and use taxes. It would
allow the use of the monies for the retirement of previously incurred general
obligation debt of the county, one or more municipalities, or any combination
thereof, including general obligation debt incurred for road, street or bridge
purposes. Previously, this use was prohibited. Further, the bill provides that
if the resolution or ordinance calling for the imposition of the tax specified
that the proceeds of the tax are to be used in whole or in part for road,
street, and bridge purposes, then the authorized uses will include: acquisition
of right of way for roads, streets, bridges, sidewalks, and bicycle paths;
construction of roads, streets, bridges, sidewalks, and bicycle paths;
relocation of utilities; etc.
HB 1200 – Rep. Ehrhart and others have authored this bill to prohibit certain
state or local government discrimination against private social organizations
engaged in expressive conduct and specifically would prohibit the government
entities from imposing any penalty upon or withholding any benefits from any
private social organization engaged in lawful expressive association based upon
such organization’s adopted bylaws or principles. This change would be made in
O.C.G.A. § 50-1-8.
HB 1201 – Reps. Channell, Parrish, Royal, McClinton, and Wix have authored this
measure amending Article 3 of Chapter 13 of Title 48 to change provisions
regarding compliance audits regarding excise taxes on rooms, lodgings, and
accommodations. It also proposes to add O.C.G.A. § 48-13-56.1 to create an
eleven Member Hotel Motel Tax Performance Review Board to make a thorough and
complete investigation of complaints to all actions by counties, municipalities,
or any entities which expend funds received from a tax and those counties,
municipalities, and other entities’ compliance with state law and regulations.
It also proposes amending O.C.G.A. § 36-81-8(B) so that each unit of local
government which levies these taxes under Article 3 of Chapter 13 of Title 48
must also submit a schedule of revenues therefrom which are expended for the
promotion of tourism, conventions, and trade shows or any other tourism related
purpose. It must outline the project, or projects, involved and the contracted
entity involved with each expenditure.
HB 1202 – Reps. Lunsford and others have proposed the addition of a new Code
Section for O.C.G.A. § 42-1-14 to authorize the Department of Community Health
and local governments to enter into agreements for State agencies relating to
the medical treatment for local government jail and correctional institution
inmates. It proposes that the Department can establish a program for treatment
of inmates of county, municipal, and regional jail authorities’ correctional
facilities and jails be provided by the Department and purchased by the
Department on behalf of these political subdivisions. It would be paid in whole
or in part by a policy of insurance or other similar indemnity or reimbursement
arrangement managed by the Department.
HB 1203 – Rep. Golick has authored this change to O.C.G.A. § 33-2-10, pertaining
to how orders and notices are issued by the Commissioner of Insurance, in order
to authorize service of orders and notices by electronic mail. Currently, the
law in O.C.G.A. § 33-2-10(c) provides that an order or notice may be served by
delivery to the person to be ordered or notified or by mailing such notice,
postage prepaid to him or her at their respective place of business or last
known address.
HB 1204 – Rep. Dodson and others have offered this change to Chapter 1 of Title
51 to provide for limiting liability of free health clinics. Specifically, it
states that without “waiving or affecting and cumulative of any existing
immunity from any source, unless it is established that injuries or death were
caused by gross negligence or willful or wanton misconduct; 1) a free health
clinic that provides medial care professional services to a person at the
request of the person; or 2) a licensed hospital, public school or nonprofit
organization which requests, sponsors, or participates in the providing of the
services under the circumstances provided in paragraph (1) of this subsection
shall not be liable for damages or injuries alleged to have been sustained by
the person or for damages for the injury or death of the person when the
injuries or death are alleged to have occurred by reason of an act or omission
in the rendering of such services.” The bill does limit to such to causes of
action arising on or after July 1, 2004.
HR 1029 – In an effort to bring awareness to eating disorders, Reps. Drenner and
Gardner have authored this Resolution recognizing National Eating Disorders
Awareness Week for February 21-29, 2004. It also urges the Division of Public
Health to undertake studies concerning this issue.
SB 428 – Sens. Lee, Shafer, Smith, and Brush have proposed an amendment to
Chapter 2 of Title 20 concerning changes to elementary and secondary education.
Among the bill’s provisions include changes to penalties for failure to comply
with compulsory attendance requirements. Current law requires fines of not
greater than $100 or imprisonment of up to 30 days (or both) at the court’s
discretion. The proposal moves that the fines shall not be less than $25.00 and
not greater than $100.00, imprisonment of not more than 30 days, community
service, or any combination of such penalties at the court’s discretion. It also
establishes that the child’s school system must notify the parent, guardian, or
other person who has control or charge of a child of five unexcused days of
absence for the child. Written summaries of the penalties for unexcused absences
and with failure to comply with compulsory attendance must be provided to the
parent, guardian, or other person having control or charge of each child and
parents, guardians, or persons with control or charge must execute a statement
indicating that they have received such written statement about consequences and
penalties. It also establishes an immunity from liability for attendance
officers and school employees designated as attendance officers who act in their
official capacity (such as assuming temporary custody of a child absent from
school). Another provision proposes to require a school principal to support by
establishing and disseminating procedures the authority of every teacher in his
or her school to remove a student from the classroom when that child interferes
with the teacher’s ability to communicate effectively with students in the
class, etc. when that student’s behavior is in violation of the student code of
conduct. It also proposes adding further requirements to codes of conduct for
students. It proposes that such codes, among other things, also address verbal
assault, including threatened violence, of teachers, administrators, and other
school personnel; willful or malicious damage to real or personal property of
the school or to personal property of any person legitimately at the school;
inciting, advising, or counseling of others to engage in prohibited acts;
marking, defacing or destroying school property; possession of a weapon;
unlawful use or possession of illegal drugs or alcohol; etc.
SB 429 – Sens. Lee, Shafer, Smith, and Brush have also authored these proposed
changes to Title 20 relating to education flexibility and accountability. This
bill addresses school councils; provisions relating to early intervention
programs; provisions regarding program weights; legislative intent with respect
to charter schools; provisions regarding petitions to establish charter schools;
duties and powers of the Office of Education Accountability; etc. This bill
appears to mirror a House version with the same provisions.
SB 430 – Sens. Shafer, Cagle, and Gillis have proposed amending the possession
of the firearm statute found at O.C.G.A. § 27-3-6 to authorize quadriplegics to
hunt deer with a firearm during archery and primitive weapons seasons on certain
lands (i.e. their own property or property owned by their immediate family).
This is limited to those persons who cannot utilize a traditional trigger for
discharging a weapon so that they may hunt deer with a specially adapted
center-fire firearm.
SB 431 – Sen. Brian Kemp and others have proposed making several amendments in
the Code relating to notification of Members of the General Assembly of the
availability of annual reports, budgets, and audits. For instance, such change
would be included in O.C.G.A. § 8-5-8 so that the Office of Planning and Budget
and the Council (relating to art in State buildings) would not be required to
distribute copies of the annual report but would be required to notify Members
the availability of such report which it deems to be most effective and
efficient. Currently, this report is prepared and distributed. Such changes are
made for various levels of State government such as warehouses storing cotton;
Advanced Technology Development Center’s annual report; Department of Natural
Resources’ recreational policies and program recommendations; annual report
relating to coastal waters, beaches, and sand dunes; state-owned marshland or
water bottoms; annual report of the development of the Chattahoochee River
Basin; the annual report relating to the State’s solid waste management plan
prepared by the Department of Community Affairs; the Department of Insurance’s
reports on property and casualty insurance and utilization review programs
(which as an analysis of complaints and evaluation of the impact of utilization
review programs on patient access to care); etc.
SB 434 – Sen. Unterman has proposed providing specific recovery damages for
plaintiffs in civil actions which involve a “contingency fee.” This is basically
a way in which to limit attorneys’ fees. This proposal would be added in O.C.G.A.
§ 51-12-6.1. Plaintiffs in civil suits involving a tort or contract would
receive no less than:
1) 75% of the first $500,000 recovered;
2) 80% of any amount over $500,000 up to $1
million recovered; and
3) 90% of any amount over $1 million
recovered.
The bill states that this would apply to recovery through settlements,
arbitrations, judgments, or otherwise. These would also be exclusive of
reasonable and customary court costs relating to the civil action.
SB 435 – Sens. Tolleson and others have proposed amending O.C.G.A. § 9-11-23
relating to procedures, conditions, and limitations on certification of class
actions. The State’s law on class action litigation was previously amended in
the 2003 Session; however, not all the provisions requested at the time were
adopted. This appears to seek those provisions previously attempted and which
failed. The bill provides for appellate procedures relating to class actions.
The bill provides for new subparagraphs (f) and (g). In (f), it proposes to
establish a court-held conference among named parties to the action for the
purpose of establishing a schedule in the same manner and to the same extent
contemplated in O.C.G.A. § 9-11-16, for any discovery in which the parties may
wish to engage which is allowed in O.C.G.A. §§ 9-11-26 and 9-11-37 and germane
to the issue of whether the requested class should or should not be certified.
At this conference, the court may set a hearing on the issue of class
certification (but such may not be set sooner than 90 days after the date on
which the court issues its scheduling order pursuant to the conference unless a
shorter time is agreed to be all parties). It also establishes, upon motion by
any party, that the court shall, except for good cause and even then only if the
interests of justice require that it not do so, stay all discovery directed
solely to the merits of the claims or defenses in the action until the court
shall have made its decision regarding certification of the class. In
considering this motion, the court must consider whether any prejudice to the
plaintiff exists because of the filing by the defendant of a motion for summary
judgment. The court may also hold a full evidentiary hearing on class
certification which must be recorded and all named parties to the action must be
given notice of this hearing by written notification no later than 60 days prior
to the date set for the hearing. In determining class certification, the court
must determine by employing a “rigorous analysis” if the party or parties have
proved its or their entitlement to class certification. The burden of proof
falls on the party or parties seeking the certification. The order certifying a
class or refusing to certify the class may be appealed (as noted in paragraph
(g)). The appeal would have to be filed within 42 days of the order issued
certifying or refusing to certify the class. It also proposes that the filing of
such appeal, the failure to file an appeal, or the affirmance of the
certification or denial order shall in no way affect the right of any party,
after the entry of final judgment, to appeal the earlier certification of or
refusal to certify the class. It also establishes procedures for subsequent
appeals in the event it is not the first appeal. During an appeal, the trial
court action will be stayed. Following adjudication on appeal or, if the initial
appeal is to an intermediate appellate court, adjudication of the action on any
writ of certiorari granted by the Supreme Court of Georgia if the class is not
to be certified, the stay in the trial court shall automatically dissolve and
the trial court may proceed to adjudicate any remaining individual claims or
defenses. If, after such an appeal or procedure on writ of certiorari, the class
is to be certified, the stay shall likewise dissolve and the trial court shall
proceed with adjudication on the merits. Such certification will be final and
binding, with respect to that class for the remainder of the adjudication of
that action.
Committee News
The Joint House and Senate Appropriations Committee held hearings all week on
the FY 2005 Budget Recommendations made by Governor Perdue. Many were wringing
their hands regarding the significant changes in the healthcare budget – most of
which impact children, women, and the elderly. County health departments alone
are being cut more than $4 million (or approximately 7% of their budgets).
Of course, there are also big changes planned for higher education. Chancellor
Meredith said such cuts to higher education were “deadly.” Higher education
excellence takes years to build, but only a few short years to dismantle.
Average spending for each full time student in the university system is
approximately $6,857.00 – this is much less than three years ago when it was
more than $8,000.00.
Department of Community Health Commissioner Tim Burgess was taken to task on
Thursday concerning the $400 million in reductions. Lawmakers inquired about the
numbers of Georgians who would be impacted by the proposed cuts and elimination
of programs. By cutting and/or eliminating programs to pregnant women, the State
is just passing those costs directly to hospitals in the local communities.
Hospitals are already complaining about the cuts experienced through the
Balanced Budget Act and the numbers of uninsured they treat annually.
Approximately 53,000 persons will lose dental care (which is emergency dental
treatment only as it now stands). Many Legislators asked questions about the
dental cuts including Reps. Howard and Henson. Hospitals will be hit by the
proposed Budget changes, specifically they will not be reimbursed at the rate
they currently receive for outpatient surgeries. In total, there will be more
than 27,000 persons currently covered by Medicaid who will be dropped with
15,000 of these children. There will also be 2,000 persons in nursing homes
impacted monthly. PeachCare eligibility will not change but there will be
premiums charged based upon a parent’s income; this could potentially impact
5,400 children (that is they could lose coverage). Rep. Childers inquired about
the numbers of pregnant women impacted by their eliminated coverage (not to
mention the family planning dollars being cut from the budget). There will be
approximately 12,500 pregnant women impacted.
On Friday, the Georgia Cancer Coalition’s Bill Todd spoke. In total, Governor
Perdue has recommended $28.5 million. Unfortunately, Mr. Todd could not provide
details of the programs to Legislators as he is new to his job. He mentioned the
State’s continuation in forming their “Centers of Excellence” and the currently
formed one at Grady Hospital. Next to be completed will be the Center in
Augusta. Mr. Todd did indicate that the Coalition’s guiding principles were
research and development; prevention; education; treatment; and economic
development. He also mentioned that the Coalition’s dollars are found in
numerous parts of the Budget including Regents; Department of Community Health
and Department of Human Resources. Since coming to this job, Mr. Todd has met
with National Cancer Institute. He stated that it will take a billion dollars
over the next ten years to garner results.
The House Committee on Education reported out a Substitute on HB 1058 relating
to an amendment to Article 4A of Chapter 2 of Title 20 in an effort to enact the
“Parental Leave Act.” “Employer” is defined as “any person or entity that
employs one or more employees and shall include the state and its political
subdivisions.” The bill proposes that any employee who is the parent, legal
guardian, or custodian of a child or children in a local school system shall be
permitted by his or her employer to take time off from his or her employment to
attend parent-teacher conferences, volunteer at the school, or participate in
other school related activities. There are some limitations – reasonable notice
is required to be given by the employee to his or her employer; the time off
shall not exceed eight hours per school year; the employer may specify hours
during which the employee may be absent; and the employer may require validation
of the school visit by the employee. Such leave is not required to be paid by
the employer except that an employee may substitute any accrued paid vacation
leave or other appropriate paid leave for any part of the leave taken.
Additionally, the bill proposes to make it unlawful for any employer or the
agent of the employer to discharge, discipline, or otherwise penalize an
employee for using this leave.
Other News
The Georgia Democratic Party elected a new leader. Bobby Kahn, a lawyer and
former chief of staff for former Governor Roy Barnes, has been elected to take
this position to help Democrats take control of the State’s Senate and keep
control of the State’s House of Representatives.
Funding for trauma has been bubbling again this Session. This time, it appears
that hospitals are taking a lead and trying to find creative ways to strengthen
the State’s trauma network. Many areas of Georgia are without necessary
emergency rooms much less the higher level trauma centers for those severely
hurt. This has long been one of Lt. Governor Taylor’s initiatives.
Eminent domain issues for the power company are also bubbling. Other utilities
operated by gas and telephone businesses have been excluded from such
legislation. Many were joking that the power companies were having “enema”
domain issues. In any event, lawmakers are likely to continue to work on such
areas in the coming weeks.
If you thought the “flag” issue was dead, you are wrong. Supporters for the
“stars and bars” flag were out in force this week with a large demonstration
made on the Second Floor of the Capitol. Women in hoop dresses and men in
Confederate uniforms (even wielding swords) were seen chanting about restoration
of the Confederate battle emblem to the State’s flag. Presently, these
“flaggers” are looking for a sponsor for legislation in order to bring the issue
to a vote.
Attached is a listing of meetings for the week of January 26, 2004 (as of
January 23, 2004).
If you have any questions regarding this Report, please contact Stanley S.
Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.
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