February 16, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

           Today marked the twenty-third Legislative Day of the 2001 Session.  There was  excitement in the air as Monday would be a day of rest.  The General Assembly will not reconvene until Tuesday, February 20, 2001. 

Floor Activity 

          The Senate had a relatively short calendar.  There were two bills and three resolutions on its calendar.  SB 49 came to the Senate Floor by Committee Substitute from the Senate Transportation Committee.  This bill, dealing with property owner’s rights in eminent domain proceedings and just compensation to property owners, passed out of the Senate and now makes its way to the House. The current law, found at O.C.G.A. § 22-1-5, is stricken relating to the requirement of just compensation as a limitation on exercise of power of eminent domain, and a new section is inserted which states: “Except in cases of extreme necessity and great urgency, the right of eminent domain cannot be exercised without first providing for just compensation to the owner for the interference with his or her exclusive rights. Pursuant to this Code section, interference with a property owner's exclusive rights includes interference with access rights incident to the property.  Such interference may include medians creating increased circuity of travel or a change in traffic patterns.  Such rights are considered exclusive to the owner of the property, and the measure of consequential damages may include any diminution in market value of the property or business by reason of such interference.” 

          Also, the Senate passed out HR 17 in an effort to help protect the Flint River by enacting the Flint River Drought Protection Act.  It came to the Senate Floor in an amended form from the Senate Committee on Natural Resources.  The Board of Natural Resources is to develop rules for a drought abatement program. Among the Resolution’s provisions include the requirement that the Environmental Protection Division of the Department of Natural Resources must “conduct an irrigation reduction auction to maintain acceptable Flint River stream flows when a severe drought condition prediction is issued and the auction and final irrigation acreage removal agreements must be completed by March 30 of each severe drought year in order to help maintain acceptable Flint River stream flows from April through September when irrigation is most needed.” 

          HB 241, creating the special licensure for retired dentists who wish to perform dentistry for a non-profit or a public entity, was read for the first time in the Senate. 

          In the House, there were only four items on its Calendar.  HB 164 authored by Rep. Morris, pertaining to teachers’ sick leave and those absences due to certain injury on duty, found at O.C.G.A. § 20-2-850, passed out of the House.  It provides that a “teacher or other person subject to this subsection shall not be charged with sick leave for absence due to an injury to such teacher or other person caused by a physical assault while such teacher or other person was engaged in the performance of his or her duties; provided, however, that this paragraph shall apply only to the first seven workdays of absence resulting from a single injury. A teacher or other person who is absent for up to seven days due to such an injury also shall not have his or her compensation reduced because of such absence or be required to pay the cost of a substitute.” 

          Also, concerning shellfish and the harvesting of clams, SB 38, which lessens the size of a clam which can be taken before it is considered unlawful, passed out of the House.  The law previously stated it was unlawful to take a clam for commercial or recreational purposes if that clam’s shell measured less than one inch in thickness.  This bill would make the size three-fourth’s inch in thickness.  This bill is an effort to strengthen the shellfish industry in coastal Georgia. 

          The House also read for the first time SB 84, the bill authored by Sen. Price concerning “food service establishments.”   This would exempt certain events and functions from State requirements – specifically, a little league booster club or high school band could serve hot dogs and sandwiches without being subject to food service regulations. 

Newly Introduced Legislation 

SB 205 – The Governor’s Floor Leaders, Sens. Thompson, Stokes, and Tanksley, have introduced this bill amending O.C.G.A. § 50-18-72 pertaining to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50 in an effort to exempt disclosure of certain personal information in all records.  Governor Barnes has long been a proponent of the State’s “sunshine laws.”  This is an effort to tighten some of the information being disclosed.  This proposal would exempt from production an individual's Social Security number, mother's birth name, credit card number, debit card number, bank account information, financial data or information, and insurance or medical information in all records. The law previously did not exclude mother’s birth name, credit card number, debit card number, bank account information, and financial data or information. 

SB 208 – Web Van and other home delivery companies as well as tobacco and liquor companies are probably behind this legislation which would amend Title 10 in order to enact the “Electronic Commerce Home Delivery Act of 2001.”  This would allow for the marketing and sale of tobacco products, malt beverages, and wine by electronic commerce retailers and allow the delivery of those products to consumers in their homes or businesses.  This would require the purchase of at least $50 dollars worth of products other than tobacco products, wine, or malt beverages before such could be delivered.   This has been sent to the Senate Committee on Veteran and Community Affairs. 

SB 209 - Sens. Cable, Beatty, and Starr have authored this bill amending Chapter 9 of Title 31 relating to consent for surgical or medical treatment, in order to provide that prior to the performance of an abortion procedure, a physician shall provide the pregnant woman with certain information.  In return, the physician must obtain the woman’s informed written consent prior to performing the procedure.  There are exceptions in the bill for those persons who are incapacitated and those in medical emergencies.  Also there are procedures for transmitting such information to women.  This bill has been forwarded to the Senate Judiciary Committee. 

SB 210 – Sens. Tanksley and others have authored this bill amending Part 2 of Article 2 of Chapter 9 of Title 24 concerning medical information.  The bill proposes to clarify procedures for subpoenaing medical records as well as reconciling the federal privacy regulations with the State’s judicial decisions.  It also provides conditions under which a provider shall be required to release medical records concerning a patient pursuant to a subpoena and provides for a notice to the patient, who is the subject of the medical records being subpoenaed.  If a patient objects to the disclosure, there are also procedures to be followed.  This has been forwarded to the Senate Judiciary Committee. 

SB 211 – Sens. Hill and Meyer von Bremen have introduced this amendment to Chapter 11 of Title 31 concerning emergency medical services in an effort to provide for the transfer of certification and re-certification duties for paramedics and cardiac technicians to the Department of Human Resources from the Composite State Board of Medical Examiners.  Among the bill’s provisions, it proposes to create the “Georgia Emergency Medical Services Medical Directors Advisory Council.”  This bill has been referred to the Health and Human Services Committee. 

HB 652 – Rep. Ron Dodson and others have authored this bill amending Chapter 1 of Title 43 in an effort to address nursing and allied healthcare staff shortages.  This would authorize certain surveys of licensees and the reporting of licensee data to the Department of Community Health.  This has been referred to the House Industry Committee. 

HB 656 – This is the Governor’s amendments to his Education Reform Act of 2000.  This is being carried in the House by Rep. Charlie Smith, Rep. Henrietta Turnquest, Rep. Winfred Dukes, Rep. Mary Jeanette Jamieson, Rep. DuBose Porter, and Rep. Kathy Ashe.  Among the bill’s provisions is a proposed amendment to current law at Chapter 2 of Title 20 relating to elementary and secondary education in an effort to create early intervention programs for kindergarten, primary grades and upper elementary grades in place of the special instructional assistance program to assist students with identifiable developmental deficiencies.  It will also amend Chapter 3 of Title 20 pertaining to post-secondary education in order to change eligibility requirements for the HOPE scholarships for seniors attending private post-secondary institutions. This has been forwarded to the House Education Committee. 

HR 275 – This Resolution has been offered by Rep. Childers in an effort to direct and inquire of the Department of Community Health certain reimbursement methodologies for nursing facilities.   This measure is introduced in an effort to help with the nursing and allied health professional staff shortage.  The Resolution directs the Department “as part of its reimbursement methodology, to provide to nursing facilities up-front incentives and, where appropriate, pass-throughs to increase the number of staff above the current minimum requirements.”  It also directs the Department that it be required and directed “to provide incentives to assist such facilities to recruit, train, and retain appropriate direct care staff by the use of, among other inducements, enhancements to wages and benefits, and to provide grants to such facilities to institute the Wellspring model, the Eden alternative, or other such innovative models of management and service delivery as the department shall approve.”  This will now be heard by the Health and Ecology Committee. 

Committee Activity 

          In the House Human Relations and Aging Committee, HB 332, as authored by Rep. Carl von Epps, appeared on the agenda.  In an effort to hear the bill fairly, the Committee tried to hear from both sides of the issue relating to Community Service Boards and their provision of services as outlined in HB 100.  Advocates for mental health were somewhat upset that a new Committee Substitute was before the Committee which they had not seen.  The bill addresses alternative composition, powers, duties, and functions of the Community Service Boards.  It would also expand the powers such that a “CSB” could act as a limited liability company as well as a governmental entity and thus be in direct competition with other non-profit service providers.  Also, the bill brings into question certificate of need requirements.  Chairman Byrd, upon motion by Rep. Sally Harrell, will hold the bill in Committee and an additional hearing on the bill will probably occur Wednesday, February 21, 2001.

          The House Health and Ecology Committee’s Subcommittee on Healthcare Facilities also held a meeting on HB 470.  Rep. Bordeaux allowed Rep. Mickey Channell, author on the bill, to present the bill to the Subcommittee.  There are a number of provisions.  Rep. Channell introduced this bill at the urging of the Department of Community Health.  As for the Indigent Care Trust Fund, it proposes to amend current law and allow those funds to be matched from a public source or charitable organization.  It also proposes to amend requirements under O.C.G.A. § 43-34-24.1 concerning the use of investigators by the Composite State Board of Medical Examiners by giving the authority to the Department of Community Health to employ and provide for the compensation of the staff as needed to carry out the Board’s functions.  Further, the bill proposes an amendment pertaining to O.C.G.A. § 49-4-147.2 concerning the ineligibility of the Department of Community Health to obtain certain interest in (b) by adding new subparagraphs (3) and (4).  This is amended as follows:

“(b) Notwithstanding the provisions of Code Section 7-4-12, 7-4-15, 7-4-16, or 13-6-13, or any other statute or judicial construction thereof authorizing interest, the department shall not be eligible to obtain nor be liable for interest on orders, judgments, liquidated amounts, or unliquidated amounts unless such interest is:
(1) Required by federal law or regulations;
(2) Interest on penalties as required by 49-4-146.1;
(3) Interest as required by Code Section 49-4-148; or
(4) Incurred by a failure to pay the penalty which may be transferred to the Indigent Care Trust Fund under Code Section 31-8-153.1 within 30 days after the penalty is imposed, in which event interest shall be paid from the thirty-first day following such imposition at the same rate as interest on penalties under Code Section 49-4-146.1.”

This bill also proposes changes to some provisions relating to the requirements of health plans.  If a person has been treated by Medicaid and the Department of Community of Health finds that the person is actually covered under a health plan, it would require the health plan to reimburse the Department.  It would amend the Code at O.C.G.A. § 49-4-148 and would provide that insurers (defined in O.C.G.A. § 33-24-57.1 and excluding ERISA plans), and managed care plans as defined in O.C.G.A. § 33-20A-3 cooperate with the Department of Community Health in determining if an individual who has received medical assistance is actually an eligible enrollee of an insurer’s health plan and otherwise eligible to receive benefits for covered services which the Department has provided. 

          The House Appropriations Subcommittee on Human Development also met for a series of presentations.  It was announced that Bridget Moyers, Budget Analyst for the Subcommittee, had given birth to a son on the evening of February 15, 2001.  Our congratulations go out to Bridget, her husband and new son.  There were presentations on behalf of spina bifida issues, additional funding requests by SPAN (a suicide prevention agency), funding requests for girls and teens who are victims of prostitution (they have specific needs for housing as well as therapy), etc.  No action was taken on any of the items presented at this meeting. 

Other News 

          SB 53, the Fair Health Care Billing Act of 2001 which proposes to address balanced billing by physicians, is still in the Senate Rules Committee.  Also, HB 356, the centralized credentialing bill proposed by Rep. Nan Orrock, is in the House Rules Committee.  SB 14, the minimum wage bill allowing the minimum wage to be increased to $5.15 per hour, is anticipated on the Senate Floor on Tuesday for debate.