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January 27, 2004
Floor News
The Senate did not reconsider its action on the movement of the three tort bills
to new Committees today. Thus, it would appear that SB 432, SB 434, and SB 435
will remain in their respective committees as changed on Monday, January 26,
2004.
The House worked on an education initiative this morning. It passed HB 1118 by a
vote of 165 to zero the proposal to allow State employees to contribute to the
State’s Higher Education Savings Plan through payroll plans.
Another bill to help parents with children in schools also passed. HB 1058, the
Parental Leave Act, which allows parents to take time from their jobs to
participate in school activities (such as volunteer at schools, attend
school-sponsored activities, etc.) passed. Parents who take such leave must give
“reasonable” notice to their employer and are only allowed to take a maximum of
eight hours leave per year.
Newly Introduced Bills
SB 434 – Sen. Unterman proposed limiting attorneys’ fees in tort and contract
actions on a sliding scale based on the recovery to the plaintiff in the
damages. This bill was originally assigned to the Senate Insurance and Labor
Committee; yesterday, it was reassigned to the Senate Judiciary Committee.
SB 435 – Sen. Tolleson and others have proposed these tort changes to class
action lawsuits (specifically establishing appellate procedures for class
actions in O.C.G.A. § 9-11-23). Yesterday, the Senate moved this bill from the
Senate Judiciary Committee to the Senate Insurance and Labor Committee for
further review.
SB 437 – Sen. Smith has proposed changing O.C.G.A. § 45-7-54. Under her
proposal, it would allow that corrections officers could participate in such
programs when they offer 1) professional development activities related to their
employment with the State; 2) the provisions of assistance to or on behalf of
persons who are killed, injured, in need of medical attention, or otherwise in
need of assistance while engaged in such employment or as a result of such
employment; or 3) promoting or enhancing law enforcement, corrections, or
registered professional nursing in Georgia, then the state shall provide such
deductions as an additional employee benefit to those employees.
SB 439 – Sen. Seabaugh has proposed a change to Article 3 of Chapter 8 of Title
16 concerning a new offense relating to film piracy. In the same bill, it adds
an immunity for detention due to suspicion of film piracy in Article 4, Chapter
7 of Title 51.
SB 443 – Sen. Adelman and Sen. Seabaugh have proposed amending O.C.G.A. §
10-1-393 and adding a new paragraph (33) to prohibit the imposition of nonuse,
handling, dormancy, or maintenance fee on gift cards and gift certificates
issued by merchants or persons acting on behalf of merchants. Such cards and
certificates shall be redeemable for merchandise or cash by the holder with the
merchant issuing such card or certificate or on whose behalf such card or
certificate was issued at any time for the full value of the card or
certificate.
SB 444 – Sen. Kemp has proposed amending O.C.G.A. § 36-62-5.1(e) to provide for
a maximum income tax credit for businesses locating within a county that is a
member of more than one joint development authority. The bill allows that
counties may belong to more than one joint authority. A business defined in
O.C.G.A. § 48-7-40(a) located within the jurisdiction of a joint authority
established by two or more contiguous counties shall qualify for an additional
$500.00 tax credit for each new full-time employee position created. The $500.00
job tax credit authorized by this paragraph shall be subject to all the
conditions and limitations specified in O.C.G.A. § 48-7-40, as amended;
provided, however, that a business enterprise locating in a county that belongs
to more than one joint authority shall not qualify for an additional tax credit
in excess of $500.00 for each new full-time employee position created.
SR 595 – Sen. Crotts and others have proposed amending the State’s Constitution
to recognize marriage in Georgia as that union between only a man and a woman.
This Amendment is proposed for Article 1 adding a new Section IV. It
specifically prohibits marriages between persons of the same sex.
HB 1212 – Reps. Heard and McBee have co-authored this change to O.C.G.A. §
48-7-40.12 to change the manner of calculating the base amount of state income
tax credits for qualified research expenses. If the business enterprise has no
Georgia taxable net income or a net operating loss in any of such preceding
three taxable years, then an amount of zero, rather than a negative amount,
shall be used for that year for purposes of calculating the average Georgia
taxable net income.
HB 1214 – Watch out when you go to court! Reps. Crawford and Jenkins have
proposed amending the law on who may carry concealed weapons so that the Clerks
of the Superior Courts and the Clerks for the Georgia Supreme Court and Court of
Appeals are exempt from this law. This change will be inserted in O.C.G.A. §
16-11-130(15) and (16).
HB 1218 – Rep. Borders and others have proposed adding a new Part 7 to Article
15 of Chapter 1 of Title 10 to require employees at an inbound call center to
disclose the employee’s name, the name of his or her employer, and the physical
location of such employee. Further, it establishes penalties for violators of
this provision – it would be a willful violation of the article and would
constitute an unfair or deceptive trade practice under Part 2 of this article.
HB 1222 – Reps. Oliver and Stokes have proposed a change to O.C.G.A. § 9-15-11
concerning costs in a judgment. It specifies the types of costs which may be
included in a judgment to include things such as: 1) fees of the clerk and
marshal or process server; 2) fees of the court reporter for all or any part of
the stenographic transcript necessarily obtained for use in the case; 3) fees
and disbursements for printing and witnesses; 4) fees for exemplification and
copies of papers necessarily obtained for use in the case; 5) fees for computer
research; and 6) compensation of court appointed experts, compensation of
interpreters, and salaries, fees, expenses, and costs of special interpretation
services.
HB 1224 – Rep. Dollar and others have proposed that a conference committee may
make changes to an appropriations bill, only by an amendment for each line item
which has been distributed to the membership for at least 24 hours after the
amendment has been printed and placed on the desk. This change is proposed for
O.C.G.A. § 28-5-4.
HB 1226 – Rep. White and colleagues have offered a Tax Code change regarding the
exclusion applicable to military income in O.C.G.A. § 48-7-27(a)(12). Current
law provides that military income received by a member of the national guard or
any reserve component of the armed services of the United States stationed in a
combat zone is excluded. This adds member of the armed services of the United
States.
HB 1227 – Rep. Westmoreland and others propose changes to service on juries.
This change would be added at O.C.G.A. § 15-12-1 so that there will be an
exemption provided for a primary caregiver of a child who is four years of age
or younger and an exemption for a primary teacher of children in a home study
program.
HB 1232 – Rep. Beasley-Teague and others have proposed amending O.C.G.A. §
33-24-21.3 to prohibit accident and sickness insurers from limiting the
availability of such insurance based upon geographic location or zip code.
HB 1234 – Reps. Black and others have proposed changing inspection and licensing
processes of mobile meat, poultry, or seafood sale vehicles as found in O.C.G.A.
§ 26-2-411. Currently, licenses issued expire every twelve months. This proposes
that licenses valid on July 1, 2004 will expire on December 31 of each year
thereafter.
HB 1236 – Rep. Dollar and others sound like they are promoting happy hours! This
change to O.C.G.A. § 3-5-38 which allows the free tasting of malt beverages
during educational and promotional brewery tours would also allow food to be
provided by the brewery at no charge during such tours. Tour attendees may bring
or arrange for the provision of food during such tours.
HR 1030 – Rep. Stoner and colleagues have proposed an amendment to the State’s
Constitution to allow public monies to be used by religious or sectarian
organizations and denominations or houses of worship for the purpose of
providing social services to citizens of Georgia. It further provides that no
such public money may be used for educational programs or courses. This
addresses many Legislators’ concerns that Governor Perdue’s proposal may allow
public monies on school vouchers.
HR 1037 – Rep. Beasley-Teague and others have authored this Resolution urging
the Board of Regents to lower its student fees in an effort to help preserve the
HOPE Scholarship.
HR 1039 – Rep. Watson and others have proposed recognizing Community Health
Centers Day at the Capitol. These centers are federally designated and serve
medically underserved areas of the State. Persons who get care at these Centers
are uninsured and do not have access to affordable, quality healthcare.
Committee News
The House Insurance Committee met this afternoon and assigned three bills to
Subcommittees. HB 1133 (relating to property casualty insurance and premium
financing) will be assigned, along with HB 1134 (relating to property and
casualty insurance companies locations of agents), to a Subcommittee comprised
of Reps. Heard, Watson, and Martin. Additionally, HB 1203 (dealing with how
orders are delivered and served) has been assigned to a Subcommittee comprised
of Reps. Harper, Rogers, and Moraitakis.
The House Ways and Means Committee met today and assigned a host of bills to its
four Subcommittees: Policy; Sales Tax; Income Tax; and Ad Valorem Tax. These are
chaired respectively by Reps. Royal, Ashe, Heard, and Dodson.
The House Appropriations’ Subcommittee on the Department of Community Health
heard today from Commissioner Burgess on the Budget. This Subcommittee will hear
public testimony next week on the FY 2004 and FY 2005 Budgets. Today was a time
to allow Legislators to make inquiry into some of the recommendations.
The House Healthcare Facilities Subcommittee of the Health and Human Services
Committee met and took up two bills. HB 1128, the bill dealing with Community
Service Boards, did not pass out of Subcommittee. Rep. Stan Watson moved that
the bill be studied further. Additionally, the Subcommittee took up the
controversial ambulatory surgery center legislation, HB 791. HB 791, introduced
in 2003 by Rep. Porter, was discussed at length. Rep. Porter is attempting to
raise the cost threshold for single specialty, physician-owned, ambulatory
surgery centers to $1.9 million (this threshold is currently $900,000 and with
cost inflation factor is around $1.4 million). It also would strike the review
process and outlines what costs are included in such application. This is an
effort to allow more single specialty, physician-owned facilities in rural areas
per Rep. Porter. Medical Association of Georgia, ambulatory surgery centers
owned by physicians, and Georgia Orthopedic Association all were in favor of the
bill. Hospitals argued that such would only further the “cherry picking” of
paying patients away from hospitals leaving hospitals with the higher cost cases
and those with the inability to pay. MAG argued that there is a compelling need
to draw physicians to rural areas; it would help lower the costs to patients;
this is an “access” to care issue; it is a good recruitment tool; and it allows
more high-end, specialty equipment to be used in rural areas of the State.
Lobbyists for GHA, Hospital Corporation of America, and Georgia Alliance of
Community Hospitals all stated that it would be harmful to hospitals – this does
not level the playing field. Rather, it does not require that these
physician-owned, single specialty facilities to go through the full certificate
of need process; it does not require those facilities to provide for indigent
care (hospitals for instance have a 3% commitment); and does not require the
State to collect data on procedures performed at these facilities.
The House Judiciary Committee had a couple of bills on its agenda. HB 821
cleared the Committee without discussion. HB 229, the re-write to the State’s
guardianship law, was discussed at length with a number of amendments being
made. The bill will be heard again in House Judiciary, with the Committee of the
whole, later this week. The bill establishes four sections on guardianship:
child (person and property) and adult (person and property). Rep. Mary Margaret
Oliver presented the bill and gave background concerning the law’s origins. The
law had not had an extensive overhaul since the 1860s; there have only been
piecemeal changes and the changes did not all agree with other parts of the
Code.
If you have any questions regarding this Report, please contact Stanley S.
Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.
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