February 10, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

February 10, 2004

          The most exciting news today, which changes the tenor of this Session, was the release of the United States Federal Court order regarding redistricting.  Basically, it threw out the maps that the House and Senate drew.  Absent an appeal or stay, Legislators may have to go back to the drawing board as the Court has given the General Assembly until March 1 to come up with a new plan; otherwise, it will draw the districts for them.  Lawyers for the Republicans who appealed the original maps were seen "beaming" in the Capitol halls over their victory.  Many Legislators were commenting that many thought that they would be running unopposed in the next election.  With this change, many may be running against one another or find themselves faced with new opponents.  Issues such as tort reform, Budget matters, and other important topics were beginning to take a back seat by the end of the day. 

          Tomorrow, the Senate will host a hearing on the Senate Resolution, SR 535, the Constitutional amendment banning gay marriages in the State.  This hearing will be heard before the Senate Rules Committee, chaired by Sen. Don Balfour.  It is likely that there will be a large turnout in the halls on this matter.  Additionally, the Senate will also host Subcommittee hearings on the Budget.  House Members, meanwhile, plan to hold “Listening Tours” around the State – such as in Albany, Columbus, Macon, Atlanta and other places – to hear from constituents on various issues including the Budget, healthcare, education, etc. 

Floor News

Among the bills addressed in the House was HB 457.  Public safety personnel, such as volunteer firefighters, will gain benefit from this bill, which cleared the Floor.  It proposes to forbid any insurer from implementing a premium surcharge for any accident which occurs while a public safety worker (such as volunteer firefighter) is operating in the line of duty.  The bill requires that the public safety official offer proof of the incident such as a copy of the accident report, a 911 dispatch log record, or employing agency documents verifying that the public safety emergency worker was acting in his or her official capacity at the time of the incident.  This exemption will also apply if that public safety official is driving an official vehicle in an official capacity.

          The House also passed HB 736 by a vote of 169 to zero which deals with property tax assessments. This is supposed to grant protections to property owners whose property tax assessments may have changed unexpectedly and imposes a statute of limitations on the collection of assessed property taxes. This proposal will allow county tax assessors three years to collect adjusted assessments. The time limit would be measured from the property owner’s tax return during the year in which the adjustment occurred. This will not apply on a fraudulent return or when a taxpayer intentionally tries to avoid payment of taxes. For this time limit to be allowed, the property owner and the county tax assessor may agree in writing to extend the three-year limit in order to provide for a payment schedule.

Another measure taken up on the House Floor included HB 1137 which passed by a vote of 174 to zero.  This changes the name of the Indigent Defense Council to the “Georgia Public Defenders Standards Council” in order to allow that its employees are eligible to participate in the state Employees Retirement System.

The Senate took up a number of items as well.  Rev. John DuBose from Milledgeville provided the morning devotional.  There were also special guests including United States Congressman Max Burns.  Congressman Burns discussed transportation and agriculture issues with Senators.  Also present today was United States Congressman Johnny Isaakson.  Among the bills presented were the following: 

Sen. Jack Hill, author of SR 696, proposing February 10, 2004 as Rural Health Day, spoke about the need for improving the health of rural Georgians.  This resolution was adopted.  

Sen. Renee Unterman introduced Ms. Nellie Duke of the Georgia Women’s Commission. 

The Senate passed SB 456 after the bill was explained by Sen. Dan Lee.  It proposes to change the name of the Office of School Readiness to “Bright from the Start.”  The bill passed by a vote of 51 to zero. 

SB 441 also cleared the Senate today.  Sen. Bill Hamrick presented the bill as a Substitute and described the proposal to provide that a Superior Court sentence review panel shall be required to provide an opinion or memorandum of decision when a particular sentence is reduced.  The Substitute was adopted and the bill passed by a vote of 46 to 5.  Sen. Hamrick also presented SB 442, a bill which provides the option of a sentence of life without parole for murders.  This too passed by a vote of 51 to zero. 

Sen. Brian Kemp presented SB 444 which proposes to allow counties to be in more than one joint development authority.  It passed the Senate unanimously.    

New Legislation 

SB 502 – Sens. Thomas and Unterman have offered this bill amending definitions in O.C.G.A. § 16-13-71 relating to Schedule II drugs and other provisions relating to registration requirements.  There are also provisions relating to regulation of opioid treatments and additional exceptions in the law for dangerous drugs.  This would appear to be the annual update to dangerous drugs in Georgia.  

SB 503 – Sens. Stokes and others have proposed amending O.C.G.A. § 31-5A-4 to create the Office of Minority Health within the Department of Community Health.  It would have an 11-member advisory council (one from the Medical Association of Georgia; one from Georgia State Medical Association; three members appointed by the Governor; three appointed by the Speaker; and three appointed by the Lt. Governor).  All of these persons will have to be representative of major public and private agencies and organizations in the State and shall be experienced in or have demonstrated “particular interest in minority health issues.”   This Office of Minority Health would serve in an “advisory capacity” to the Governor, General Assembly, Board, Department of Community Health, and all other State agencies on health matters affecting persons of minority races or ethnic groups.  It would also raise awareness of issues; inform and engage in prevention and education activities; serve as a clearing house on minority health information for planning and coordination purposes; issue reports on the Office’s activities and findings; and develop and distribute a comprehensive plan to address minority health issues.  It would be staffed with a full-time executive director appointed by the Commissioner and provided with staff personnel, office and meeting facilities, and other necessary items by the Department. 

SB 504 – Sens. Seabaugh and others have proposed amending O.C.G.A. § 33-2-5 to provide for immunities from liability for the Commissioner of Insurance and his or her authorized representatives and examiners and provide for an award of attorney’s fees and costs to such persons in certain civil actions, if the actions were not substantially justified.   It states that “no cause of action shall arise nor shall any liability be imposed against the Commissioner, the Commissioner’s authorized representatives, or an examiner appointed by the Commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this title.”   It also provides that “no cause of action shall arise nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the Commissioner, the Commissioner’s authorized representative, or an examiner pursuant to an examination made under this title if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.”   It also allows the persons to be entitled to an award of attorney’s fees and costs, if he or she is the prevailing party in a civil cause of action for libel, slander, or other relevant tort arising out of activities in carrying out the provisions of this title and the party brining the action was not substantially justified (based on law or fact at the time it was initiated) in doing so. 

SR 725 – Sens. Don Thomas and Ed Harbison have proposed recognizing the Georgia Department of Public Health and its work on chronic kidney disease which afflicts 900,000 Georgians and the development of Georgia’s Chronic Kidney Disease Surveillance Report. 

SR 728 – Sen. Shafer and others have proposed this Resolution urging the United States Congress to make the federal tax cuts permanent. 

SR 729 – Sen. Shafer and several colleagues have also offered this Resolution urging the United States Congress to abolish the death tax permanently. 

SR 730 – Sen. Shafer and colleagues have also proposed this Resolution requesting that the Congressional Delegation of the State of Georgia work to pass lifetime and retirement savings accounts. 

SR 731 – Sen. Shafer and colleagues have also proposed urging the United States Congress to enact defense appropriations prior to other spending legislation. 

SR 732 – Sen. Shafer and other Senate Members have also proposed requesting the Congressional Delegation of the State of Georgia to support the President’s effort to protect the United States from terrorists and the proliferation of weapons of mass destruction. 

HB 1423 – Rep. Teilhet offered this change to the Uniform Commercial Code to make unenforceable certain used motor vehicle dealers’ exclusions or modifications of implied warranties of merchantability and fitness for a particular purpose and exclusions or modifications of consumers’ remedies for breach of those warranties. 

HB 1424 – Rep. Mobley and others have proposed amending Article 6 of Chapter 9 of Title 16 to prohibit the transmission of unsolicited bulk e-mail and to add penalties for violations of such.  This will address “spam”;  among the bill’s provisions is that it addresses the use of a computer or a computer network with the intent to falsify or forge e-mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk e-mail through or into the computer network of an e-mail service provider or its subscribers. 

HB 1425 – Rep. Chambers is proposing that a change be made to Chapter 7 of Title 48 to enact the Georgia Income Tax Lottery Act.  Persons would pay voluntarily into a lottery through individual income tax filings.  The winner of that lottery would have a lifetime exemption from the Georgia individual income taxes. 

HB 1427 – Rep. Parham has proposed amending Chapter 4 of Title 26 concerning the “Georgia Pharmacy Practice Act” to change provisions relating to the powers of the Board of Pharmacy and persons employed by the Board as well as to change provisions relating to drug therapy certification.  One of its provisions is that it amends O.C.G.A. § 26-4-5 and adds a new  (3.1): “Centralized prescription filling” means the filling of a prescription by one pharmacy upon request by another pharmacy to fill or refill the prescription.  The term includes the performance by one pharmacy for another pharmacy of other pharmacy duties, including, but not limited to, drug utilization review, patient counseling, and the obtaining of refill authorizations.” 

HB 1429 – Reps. Purcell, James, and Crawford have proposed amending Chapter 1 of Title 41 to preclude any companion animal establishment from being or becoming a nuisance solely as a result of changed conditions in or around the locality of the establishment.  It also provides immunity from civil or criminal actions relating to noise form a companion animal establishment (under some conditions such as in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances).  “Companion animal” is any animal that is commonly kept by persons as a pet or for companionship.  “Companion animal establishment” is any animal shelter, breeder facility, kennel, or pet dealer facility. 

HB 1431 – Rep. Fleming has authored this change to O.C.G.A. § 9-13-80 to provide for deadlines and remedies for cancellation of record of fully satisfied judgment executions and to provide alternative methods to cancel fully satisfied judgments.  Current law is that “upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiff in execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied.”   

c) In order to authorize the clerk of superior court to make an entry of satisfaction with respect to an execution on the general execution docket, there shall be presented for filing on the general execution docket:
(1) A satisfaction upon the original execution deed itself;
(2) A satisfaction as provided in subsection (d) of this Code section; or
(3) A satisfaction as provided in subsection (e) of this Code section.
Any clerk of superior court who cancels of record any execution in the manner authorized in this subsection shall be immune from any civil liability, either in such clerk’s official capacity or personally, for so canceling of record such security deed.
(d) Proof of satisfaction of an execution, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon a document executed by the plaintiff in execution or owner or holder of record of such execution and who so swears in such document, which document shall be recorded in the execution docket and shall be in substantially the following form:
________ County, Georgia
The indebtedness, penalties, and interest referred to in that certain writ of fi. fa. styled ___________ v. __________, dated ______________, and of record in General Execution Docket Book ______, Page ______, in the office of the clerk of the Superior Court of ________ County, Georgia, having been satisfied in full and the undersigned being the present owner of such writ of fi. fa. by virtue of being the plaintiff in fi. fa. or the heir, assign, transferee, or devisee of the original plaintiff in fi. fa., the clerk of such superior court is authorized and directed to make an entry of satisfaction with respect to such writ of fi. fa.
In witness whereof, the undersigned has set his or her hand and seal, this ______ day of ______________, ____.

______________(SEAL)
Signature
Signed, sealed, and
delivered on the
date above shown

__________________
Notary Public

(SEAL)

My commission expires: ______________.
(e) In the event that a plaintiff in execution or any person that owns or holds an execution has failed to properly transmit a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the execution of record within 60 days after a written notice mailed to such plaintiff in execution or owner or holder of record by registered or certified mail or statutory overnight delivery, return receipt requested, the clerk or clerks are authorized and directed to cancel the execution upon recording an affidavit by the attorney for the judgment debtor against whom the execution was issued or any attorney who has caused the indebtedness and other obligations under the execution to be paid in full. The notice shall be mailed to the plaintiff in execution or owner or holder of record, shall identify the execution, and shall include a recital or explanation of this subsection. The affidavit shall include a recital of actions taken to comply with this subsection. Such affidavit shall include as attachments the following items:
(1) A written verification which was given at the time of payment by the plaintiff in execution or owner or holder of record of the amount necessary to pay off such obligations; and
(2) Any one of the following:
(A) Copies of the front and back of a canceled check to the plaintiff in execution or owner or holder of record showing payment of such obligations;
(B) Confirmation of a wire transfer to the owner or holder of record showing payment of such obligations; or
(C) A bank receipt showing payment to the plaintiff in execution or owner or holder of record of such obligations.
(f) Any person who files an affidavit in accordance with subsection (e) of this Code section which affidavit is fraudulent shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. 

HB 1432 – Rep. Day and others have offered this amendment to O.C.G.A. § 48-2-15 concerning the confidential status of taxpayer information.  It adds additional restrictions concerning disclosure of information (taxpayer information or records concerning a disputed tax or appeal) by the State revenue commissioner or an officer or employee of the Dept. of Revenue (until the dispute or appeal has been finally resolved). 

HB 1433 – Rep. Orrock and others have proposed this workers compensation benefit change.  It amends O.C.G.A. § 34-8-21 and lifts the “sunset” of June 30, 2004 on the alternative base period concerning the definition of “base period.”  “Base period” is defined as the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year; provided, however, that in the case of a combined wage claim under O.C.G.A. § 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state.  The bill also proposes that certain persons seeking part-time work are not disqualified from receiving benefits by that fact alone in O.C.G.A. § 34-8-24. 

HB 1435 – Rep. Royal and others have proposed amending O.C.G.A. § 48-7-31 to provide for a comprehensive revision of the allocation and apportionment formulas used to apportion income of corporations deriving income from business conducted both within Georgia and elsewhere.  It proposes to look at the gross receipts factor and provides for an apportionment formula, totally redefined, to be the net income of the corporation apportioned to Georgia according to such gross receipts factor (it deletes the property factor previously considered).   It has another proposal where net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, and a new formula looking at gross receipts and apportionment of such to Georgia on the gross receipts factor. 

HR 1201 – Rep. Mills has proposed this Resolution urging the United States Congress to reform the current class action lawsuit process. 

HR 1205 – Rep. Childers has proposed commending the Partnership for Health and Accountability and designating February 6, 2004 as the Partnership for Health and Accountability Day. 

Committee News 

          Among Committee discussions were more testimonials regarding the FY 2004 and FY 2005 Budget proposals.  Rep. Jay Shaw’s Subcommittee on the Department of Community Health met today to hear additional testimony.  Among those presenting were: 

·        Georgia Partnership for Caring which provides healthcare assistance and prescription assistance to low income folks (125% of FPL) who are eligible for Medicare and Medicaid.  This group provides pharmacy cards to individuals and helps them access donated pharmaceuticals from drug companies such as Novartis, Pfizer, and others.  It also has provided some 21,000 provider referrals and has delivered some $1 million donated drugs.  It currently has a budget of $285,000.  Similar programs are found in Arkansas, South Carolina, and Kentucky.  It asked for dollars in the FY 2004 to be continued in FY 2005. 

·        A State Employees Union representative spoke about the need for affordable healthcare for its members.  Many of these folks find the State Health Benefit Plan (“SHBP”) to be unaffordable – both with the premiums and the cost sharing required.  Thus, many low income employees are electing not to be covered.  Perhaps there needs to be a sliding fee scale idea for SHBP enrollees.  Many state employees work for child protective services and they constantly move in and out of their jobs due to high stress and low pay.  Rep. Orrock inquired whether these employees would rather have a raise or help with health insurance.  This was acknowledged as a “tough” question as folks are generally having problems meeting their monthly needs. 

·        Kidney dialysis patients also asked for monetary assistance to help provide services to Georgians. 

·        Emergency Medical Services providers also testified about their plight.  Patients do not chose a time when they need an ambulance; ambulance providers accept whoever may need their service regardless of the person’s ability to pay.  Twenty-five years ago, a license fee was imposed in an effort to match monies with federal dollars.    This was to help providers get paid by Medicaid.  Crossover payments have significantly decreased.  Thus, they are experiencing a 32% loss on Medicaid funding.  Payment issues with the Dept. of Community Health’s new provider payment system have also caused problems.  Rep. Orrock stated that it would appear that Washington is not providing federal dollars for the “first responders” in order to provide greater homeland security. 

·        PTA folks were also in the meeting to complain about the use of the tobacco dollars by hospitals.  They indicated that hospitals were taking those dollars from school nurses and the Dept. of Education.  In fact, hospitals do make payments to fund this initiative, based on contracts executed with the Dept. of Community Health and an agreement entered into between the Dept. of Community Health and the Dept. of Education.  This is being done in order that a federal match of those monies may be made.  The PTA believes that the monies are “loaned” and that the dollars are not coming back to the Dept. of Education to fund the program for nurses.  The School Superintendents Association was also present to testify about the school nurse monies. 

·        A geriatric psychiatrist from Emory also spoke about the TMAP proposal using the proposed Texas Algorithms on medications for schizophrenia patients.  He raised concerns that a drug that is right for one patient might not be proper for another patient.  He stated that such proposal should be a “guideline” only and that clinician judgment should be left alone so that a drug should not have to be attempted and proved failed before being allowed to use another drug. 

This Subcommittee plans to meet on Wednesday, February 18 and go through final recommendations for the FY 2005 Budget and make a trip to Grady Hospital.  This meeting will be at noon. 

Other News 

Congratulations are extended to Sen. Tommie Williams on his pending marriage. 

Condolences are extended to Rep. Stephanie Stuckey Benfield on the death of her baby.

If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat.

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