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February 13, 2004 For more information contact: 404-817-6133 404-817-6247 404-817-6170 |
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February 13, 2004 Lucky Friday the 13th! Most folks at the Capitol were celebrating Valentine's Day early. Secretaries were receiving gifts of candy and flowers. Thus, there were a few "bright" spots to the day. The day was short, concluding by noon. It was also a day to recognize women in another way – it was "Stop Family Violence" day at the Capitol. Advocates from all over the State, including a number of representatives from domestic violence and sexual assault agencies, were present to lobby Legislators on various issues impacting women and children. The day's events culminated with speeches in the Rotunda from Governor Perdue, Lt. Governor Taylor, Speaker Pro Tem DuBose Porter, Sen. David Adelman and others. Most moving were the testimonials from survivors of family violence. Among the many issues of concern include the child endangerment bills, prohibitions of telephone companies from disclosing shelter locations, requirements to postpone divorce actions pending counseling, etc. Floor News On the Senate side, it took up one of the child endangerment bills and made one Floor Amendment to the legislation. SB 467, which defines cruelty to children and criminal negligence of children, passed and now heads for the House. The House passed out two bills, HB 208 (which amends the current law governing bylaws for property owners' associations) and HB 210 (which changes the law governing condominiums). New Legislation HB 1455 – Reps. Buck, Smyre, Hugley, and Buckner have proposed a new Code Section for 9-10-150.1 to provide for a continuance or postponement where a party or attorney is presiding as a judge or recorder in another court. It will be the duty of a party or attorney relying on this Code Section to give notice of the conflict to the judge of the trial court in which such party or attorney is scheduled to appear. Such notice would also have to be provided to opposing counsel. This notice would have to be provided 48 hours in advance of the call of the trial calendar. HB 1457 – Rep. Royal and others have also dropped an amendment to Part 1 of Article 3 of Chapter 5 of Title 50 concerning state purchasing powers, duties and procedures. It adds additional vendor requirements and oversight by the Departments of Revenue and Administrative Services. Specifically, it proposes that on or after the effective date of this new Code Section, the Dept. of Administrative Services and any other State agency to which this article applies will not enter into a statewide contract or agency contract for goods and services, or both, in an amount exceeding $100,000 with a non-governmental vendor if that vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of O.C.G.A. § 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under Chapter 8 of Title 48 on its sales delivered to Georgia. There is an exception for the Dept. of Administrative Services to contract with a prohibited source in the event of an emergency or where the non-governmental vendor is the sole source of such goods or services or both. HB 1460 – Rep. Beasley-Teague and others have proposed amending O.C.G.A. § 48-7-27(a)(12) concerning taxable net income and to provide for a change regarding the exclusion for military income. It is proposed to read: "Military income received by a member of the armed services of the United States or the national guard or any reserve component of the armed services of the United States stationed in a combat zone pursuant to military orders which is excluded from federal gross income pursuant to Section 112 of the Internal Revenue Code." HB 1461 – Rep. Royal and others have proposed a new Code Section for the Tax Code at O.C.G.A. § 48-2-15.1 to provide for limited circumstances under which the State Revenue Commissioner or an officer or employee of the Dept. of Revenue may disclose certain confidential taxpayer information (when the taxpayer has granted express written authorization to the Commissioner or an officer or employee of the Department). HB 1462 – Reps. Stephens, Parham, Graves, and Parrish have proposed a change to Chapter 8 of Title 31 regarding indigent and elderly patients to provide for a fee to be imposed on prescription drug orders to be used to obtain federal financial participation for medical assistance payments to healthcare providers that serve the medically indigent. It also proposes to establish a segregated account within the Indigent Care Trust Fund for the deposit of provider fees and a methodology for calculating and collecting the provider fee. This provider fee would be $.10 with respect to each initial or re-fill prescription drug order for the preceding quarter, excluding Medicare program patient days. This fee would be assessed uniformly upon all pharmacies. A report of such fees would also have to be prepared. The provider fee would be paid quarterly by each pharmacy to the Dept. of Community Health with the initial report and payment submitted no later than July 30, 2004. It also authorizes the Dept. of Community Health to inspect pharmacy records (the pharmacy must keep records for three years) for the purposes of auditing provider fees and penalties for the failure to pay a provider fee. The penalty is 6% for each month or fraction thereof that the payment is overdue. It also proposes to authorize the Dept. of Community health to withhold Medicaid payments equal to amounts owed as a provider fee and penalties for such. It also has provisions for the collection of fees by civil action and tax liens. There are provisions for the appropriation of funds in the segregated account for medical assistance payments to healthcare providers; termination provisions for the fee; etc. The bill establishes "The Pharmacy Services Fees Act." HB 1464 – Rep. Dooley and others have proposed a change to restrictions to outdoor advertising by amending O.C.G.A. § 32-6-75. This particular bill deals with multiple message signs on interstates, primary highways, and other highways. If the sign is monopole construction and erected at a distance from the right of way of a public road or highway so that the sign or portions of the sign could fall onto the public right of way in the event of wind-blown collapse or other catastrophic structural failure it would be restricted. HB 1466 – Rep. Len Walker and others have proposed a bill creating "assisted living facilities" Levels I and II as a new category of healthcare facilities rather than current law which provides for "personal care homes." Such changes would be included in Title 10, Title 25, Title 31, Title 37, and Title 48. HB 1468 – Rep. McCall and others have proposed a change to Article 1 of Chapter 8 of Title 12 concerning waste management. It re-designates certain provisions relating to notice of denial of individual sewage disposal permits and duty to consider such denial in ad valorem tax determinations. It also amends Chapter 3 of Title 31 relating to county boards of health. It changes provisions relating to notice of denial of individual sewage disposal permits and duty to consider such denial in ad valorem tax determinations. HB 1470 – Rep. Drenner and others have proposed adding a new Code Section 3-3-20.1 to prohibit the sale of alcoholic beverages during certain uniform closing hours (no person may sell or offer to sell between the hours of 2:30 a.m. and 9:00 a.m. on any day other than Sunday or between the hours of 2:30 a.m. and 12:30 p.m. on Sunday. HB 1472 – Reps. Keen, Burmeister, Cooper, Rice, Fleming and others have authored this bill amending Title 9 and Title 51 to provide for substantial revisions relating to civil practice and liability in civil actions. There are numerous provisions including: effects of discharge from liability of all resident defendants in a civil action against co-defendants residing in different counties; changing the time at which civil actions may be voluntarily dismissed; provisions relating to settlement offers in civil matters and provisions for the award of litigation costs against a party who receives a judgment significantly less favorable than a settlement offer rejected by that party; provisions for the prevailing party in a tort action to be entitled to recover attorney's fees; rules applicable to healthcare liability claims, including provisions relating to prior notice of claims, required release of medical information non-statement of damages claimed in pleadings and limitations on theories of recovery; provisions for a Georgia Medical Disclosure Panel to develop standards of disclosure with respect to risks and hazards of medical procedures and for the administrative attachment, membership, and functioning of the panel; etc. HB 1473 – Reps. Greene, Orrock, and Houston have proposed a change to the Georgia Medical Assistance Act of 1977 to provide for a statement of purpose and to prohibit the Dept. of Community Health from imposing prior authorization requirements or other restrictions under the Medicaid program on certain medications prescribed for Medicaid recipients for 1) the treatment of mental illness, including but not limited to medications for schizophrenia, bipolar disorder, or major depressive disorder or 2) the treatment and prevention of HIV and AIDS. The proposal would add a new Code Section at 49-4-146.4 HB 1474 – Reps. Mobley and Thomas have authored this amendment to O.C.G.A. § 34-8-194(2)(B)(iv) on unemployment benefits to provide an additional exception for an individual to be disqualified from unemployment benefits. That the actions taken by the employee were necessary to protect the employee or an immediate family member from family violence as defined in Code Section 19-13-1 or were the direct result of family violence committed against the employee or an immediate family member and the employee made all reasonable efforts to preserve the employment. HB 1476 – This bill was dropped by Reps. Fleming, Channell, O'Neal, Campbell, Parrish and others and relates to venue in actions involving joint or joint and several tortfeasors. Specifically, it amends O.C.G.A. § 9-10-31. It does allow transfer of cases in certain instances. It is of interest because it strikes current provisions stating that the Code Section would not apply to actions filed on or after July 1, 1999. However, in Section 2 of the bill, it describes when the bill takes effect (upon approval by Governor or upon its becoming law without such approval.) It further states that this Act shall apply only to causes of action arising on or after the effective date of this Act. Any cause of action arising prior to that date shall continue to be governed by the law in effect at the time such cause of action arose. In subparagraph (b), it states Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any pending action filed on or after July 1, 1999. HB 1477 – Rep. Mobley and others have proposed creating the enactment of the "Amirah Joyce Adem Act." It would create the offense of female genital mutilation and provide for penalties to violators of such. The following are not considered affirmative defenses: 1) is required as a matter of custom, ritual, or standard practice; or 2) was consented to by the child or by the child's parent, guardian, or custodian. HR 1258 – Rep. Franklin and various colleagues have proposed this Resolution for a Constitutional Amendment to provide that the Governor shall have the power to appoint a cabinet of advisers and that the Governor and the Lt. Governor shall run as a slate and shall be voted on together. The Governor would name the person with whom they wished to be paired for the office of Lt. Governor. The Lt. Governor would be the President of the Senate and would have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of the Constitution. Further, the compensation and allowances for the Lt. Governor would be provided by law. It also proposes to remove certain boards and certain constitutional executive officers (State Personnel Board, State Transportation Board, Veterans Service Board, and Board of Natural Resources) as well as provisions relating to suspension and removal of public officials. HR 1263 – Rep. Greene has offered this Resolution urging Departments and Agencies of the State to engage the services of independent consulting firms to monitor and assist in preparing requests for proposals for certain information technology projects and contracts. This would apply to contracts in excess of $1 million. HR 1264 – Rep. Keen and others have proposed a Constitutional Amendment to eliminate the provisions requiring the funding of education by ad valorem taxation and provide for replacement fundings through the imposition of a state sales and use tax at a rate not to exceed 3%, as determined by the General Assembly. This proposal would be added at Article VIII, Section VI of the Constitution with a new paragraph V: Ad valorem power limited. The authority provided under this Constitution to levy and collect ad valorem taxes for educational purposes shall continue on and after January 1, 2006, but only for the purpose of retiring any outstanding public debt or any bonds or obligations issued or incurred by a local school system of this state for educational purposes on or before December 31, 2005. Once such debt is retired, the provisions of Section VIA shall become applicable. Section VIA: Paragraph I. State taxation for education. (a) Except as otherwise provided in Paragraph V of Section VI, the authority provided under this Constitution to levy and collect ad valorem taxes for educational purposes shall continue until December 31, 2005 and, on and after January 2006 such authority shall cease and no ad valorem taxes for educational purposes shall be levied in this state. (b) In addition to any state or local sales and use tax in effect on January 1, 2006, there is imposed effective on that date and thereafter a state sales and use tax at a rate not to exceed 3 percent as determined by the General Assembly. The sales and use tax imposed by this subparagraph shall correspond to the state sales and use tax imposed by the revenue laws of this state, as now or hereafter amended, except as otherwise provided in this Paragraph. The tax shall not apply to sales of motor fuels. The tax imposed pursuant to this subparagraph shall not be subject to any sales and use tax exemption provided by general law unless expressly provided otherwise by the General Assembly. The tax imposed by this subparagraph shall be levied and collected in the same manner as the other state sales and use tax is levied and collected. Such proceeds shall be deposited in appropriate accounts as may be established by general law. All or any portion of such proceeds shall be used for educational programs and purposes prior to the college or post-secondary level in such manner as determined by the General Assembly or other appropriate uses. (The same Resolution has also been dropped – HR 1265.) SB 510 – Sen. Harp and others have dropped this measure amending Article 1 of Chapter 8 of Title 50 to require that the Dept. of Community Affairs investigate and refer for prosecution cases of Section 8 (Housing Choice Voucher Program) housing fraud and abuse. The bill also contains administrative and civil remedies as well as an outline of the Dept.'s investigative powers (visit and inspect residences of persons; compel the attendance of witnesses and the production of evidence on behalf of the Department via a subpoena issued by the Commissioner when there is reason to believe there have been violations of the rules or laws governing Section 8 housing; and perform other investigations and review documents and records as may be required to discover any fraud or abuse). SB 512 – Sen. Balfour has proposed amending O.C.G.A. § 17-12-36(a)(1) concerning the establishment of the alternate indigent defense delivery system. Currently, this delivery system requires a full-time director and staff and has been fully operational for at least two years on July 1, 2003. This proposed amendment adds the wording "or" is administered by the county administrative office of the courts and has been fully operational for at least two years on July 1, 2003. SB 513 – Sen. Balfour and others have proposed a set of changes to Chapter 12 of Title 31 regarding the sale or dispensing of contact lenses. It states that contact lenses may be sold or dispensed in Georgia only by licensed providers and establishes violations and penalties (both criminal and civil). Persons selling, dispensing or serving as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses (other than persons licensed and regulated by Chapter 23, 30, or 34 of Title 43) would be guilty upon conviction of a felony which could mean imprisonment of one to five years or by a fine of not more than $10,000.00 or by both imprisonment and fine. It also includes duties and obligations of contact lens prescribers as well as what information must be contained in prescriptions. SB 517 – The Governor's Floor Leaders have proposed this along with some assistance from the Democratic side of the aisle. This appears to be a major revision to the State's ethics in government law. There are a number of provisions concerning conflicts of interest; definition changes; provisions relative to declaration of policy; timely issuance of advisory opinions by the State Ethics Commission; changes relating to the State Ethics Commission concerning its administrative attachment to the Secretary of State; provisions relating to mailing of complaints; restrictions on receipt or award of State contracts; provisions regarding contributions made to candidates and the location where reports are to be filed; contributions or expenditures other than through candidates or campaign committees and disclosure of extensions of credit; lobbyist registration requirements; provisions relating to gifts and restrictions for lobbyists relating to contingency agreements; etc. These changes are proposed to Chapter 5 of Title 21 and Titles 36, 42, and 45. SB 518 – Sen. Harp and others have proposed amending Article 8 of Chapter 11 of Title 9 concerning provisional and final remedies and special proceedings outlined in the Georgia Civil Practice Act. It provides for an offer of judgment (timing of such, methods of service, withdrawal and acceptance of the offers, court costs, etc.). It specifically amends O.C.G.A. § 9-11-68: "(a) At any time
more than ten days before the trial begins, a party defending against a claim
may serve upon the adverse party, by registered or certified mail or statutory
overnight delivery, an offer to allow judgment to be taken against the defending
party for the money or property or to the effect specified in the offer, with
costs then accrued. If within ten days after the service of the offer the
adverse party serves written notice by registered or certified mail or statutory
overnight delivery that the offer is accepted, either party may then file the
offer and notice of acceptance together with proof of service of the offer and
acceptance and the clerk shall enter judgment. An offer not accepted shall be
deemed withdrawn and evidence of the offer shall not be admissible except in a
proceeding to determine costs. If the judgment finally obtained by the offeree
is not more favorable than the offer, the offeree shall pay the costs incurred
after the making of the offer. The fact that an offer is made but not accepted
does not preclude a subsequent offer. When the liability of one party to
another has been determined by verdict, order, or judgment, but the amount or
extent of the liability remains to be determined by further proceedings, the
party adjudged liable may make an offer of judgment, which shall have the same
effect as an offer made before trial if it is served within a reasonable time
not less than ten days prior to the commencement of hearings to determine the
amount or extent of liability. SR 754 - Sens. Balfour, Stephens, and Johnson have co-authored this Resolution proposing to encourage state agencies to utilize consulting services in connection with information technology projects and contracts. This would be done on contracts totaling $1 million or more. SR 755 – Sens. Harp, Tolleson, Gillis, Williams, and Hooks have proposed urging the United States Congress to consider creating a national preserve or other similar federal property to protect land and other natural resources in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia. SR 759 – Sens. Johnson, Stephens, Meyer von Bremen, and Balfour have co-authored this Resolution congratulating Sen. Tommie Williams on his marriage on February 14, 2004 to Ms. Stephanie Durrence. Committee News The House Rules Committee and Senate Rules Committee met today and set calendars for Monday. If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat. |
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