February 20, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          It was Kroger Day at the Capitol.  Also, the Georgia Teacher of the Year 2001 was honored – congratulations go out to Mary Eager who currently teaches at Lumpkin County High School.  Congressman Sanford Bishop also appeared today at the Capitol and announced his engagement.  In other news of a personal nature, Senator Doug Haines of Athens announced his marriage and introduced his bride to fellow Senators.  Congratulations to all.

Floor Activity 

          The Senate passed out the minimum wage bill, SB 14, authored by Sen. Charles Walker.  Sen. Walker presented the bill to the Senate and explained a proposed amendment.  Sen. Seth Harp proposed an amendment which he described would follow the Fair Labor Standards.  Sen. Harp argued that the exceptions proposed in the bill would harm business and thus perhaps more jobs would be lost.  Sen. Harp's amendment failed.  The bill raises the minimum wage to $5.15 per hour.  It does provide some exceptions for businesses that meet one of the following:  

(1) Any employer who has sales of $40,000.00 per year or less;
(2) Any employer having five employees or less;
(3) Any employer of domestic employees;
(4) Any employer who is a farm owner, sharecropper, or land renter;
(5) Any employee whose compensation consists wholly or partially of gratuities;
(6) Any employee who is a high school or college student;
(7) Any individual who is employed as a newspaper carrier; or
(8) Any individual who is employed by a nonprofit child-caring institution or long-term care facility serving children or mentally disabled adults who are enrolled in such institution and reside in residential facilities of the institution, if such employee resides in such facilities, receives without cost board and lodging from such institution, and is compensated on a cash basis at an annual rate of not less than $10,000.00.

Once the bill passed, it was immediately ordered to be transmitted to the House.  

          In the House, one of the bills on its calendar, HB 139, was for the supplemental appropriation of $468,000,000 for school construction which Governor Barnes has proposed.  This bill cleared the House today.  Also, three Senate bills have now been read in the House and assigned to Committees: 

SB 50 – Sens. Johnson and Tanksley's bill, amending O.C.G.A. § 15-6-62 concerning the duties of the clerks of Superior Courts and requiring the keeping and maintaining of records in a digital format, has now been forwarded to the House Judiciary Committee. 

SB 52 – This is a bill regarding selling and other trade practices in that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent that individual from using the accommodation solely because that individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association.  Sens. Thomas and others introduced this bill which now makes its way to the House Motor Vehicles Committee. 

Newly Introduced Legislation 

SB 212 – Sen. Crotts and others have offered this bill amending Chapter 2 of Title 21 of the Code concerning elections and provisions for voting in an effort to provide that all future primaries and elections shall be conducted by paper ballot or optical scan voting systems.  Some of the bill's provisions are additional definitions, including: 

"'Optical scan vote counting system' means a system by which a voter casts his or her vote by filling in an oval or square on a ballot which is then read and recorded by an optical scan tabulating machine in the voter's precinct.  An optical scan vote counting system shall include the precinct tabulating machine, the programming devices for the memory packs for the tabulating systems, the voting compartment or booths, and all related equipment necessary for the operation of such optical scan system.  The optical scan vote counting system shall not include ballots or ballots cards, return sheets, tally sheets, or other forms used in an election." 

The bill also amends the duties of the Secretary of State found at O.C.G.A. § 21-2-50 and adds new subparagraphs: 

"(13) To prepare and furnish information for citizens on voter registration and voting; (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter; and
(15) To provide precinct count optical scan vote counting systems to all counties for use in elections, including precinct tabulating machines, programming devices, memory packs, voting booths, and all related equipment for the conduct of elections in this state.  Said equipment shall be uniform throughout the state and shall comply with the provisions of this chapter." 

SB 214 – This bill was introduced by Sens. Polak and Lamutt concerning an amendment to Chapter 1 of Title 10 of the Code concerning selling and other trade practices to provide some limited protections for the owners of databases against any unauthorized commercialization.  The bill does create some definitions: 

"1) 'Commercialization' or 'Commercialize' means to extract for use in commerce, or to use in commerce, all or a substantial part, measured either quantitatively or qualitatively, of the contents of a data base.
(2) 'Data base' means a collection or arrangement of data, information, observations, intellectual works, or other such items.
(3) 'Owner' means, with respect to a data base, its creator or any other person who lawfully acquires the rights subsisting therein from its creator, whether by contract, operation of law, or otherwise.
(4) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity and also includes any department, agency, authority, or instrumentality of this state or its legal subdivisions."

The provisions set forth in O.C.G.A. § 10-1-904 would not prohibit or apply to the following: 

"(1) Commercialization of a data base by a person acting with the consent of the owner;
(2) Independent creation and use of a data base without extracting or copying the contents of another data base, even if both data bases contain the same or similar contents;
(3) Commercialization of a data base for news or sports reporting unless the owner also reports news or sports and such commercialization contributes to a pattern of competition with the owner;
(4) Commercialization of a data base for science, education, or research unless such commercialization contributes to a pattern of competition with the owner;
(5) Commercialization of a data base for law enforcement or intelligence activities authorized by any government or government entity; or
(6) Commercialization of a data base to address, route, forward, transmit, connect, receive, or store Internet communications." 

SB 221 – Sen. James has authored this amendment to the law previously enacted on breast feeding in public.  This is a mirror of the House Bill authored by Rep. Sally Harrell.  It deletes the current law at O.C.G.A. § 31-1-9 which requires that a mother can only breast feed if she does so in a discreet and modest way. 

SB 225 – Sen. Perdue and others have offered an amendment to Article 4 of Chapter 5 of Title 21 concerning lobbyist registration and reporting.  This redefines "lobbyist."  Further, it would include any person making an expenditure of more than $250 made in a calendar year, not including the person's own travel, food, lodging expenses, or informational material to promote or oppose the passage of a piece of legislation.  The bill also deals with persons who undertake to influence a public officer or public body in the selection of a vendor to supply goods and/or services to a state agency but it would not include a person solely on the basis that the person participated in the preparation of a written bid, proposal or other documents relating to the potential sale to a state agency. 

SB 229 – Sen. Harp has dropped this bill in the Hopper which proposes to amend Chapter 16 of Title 45 concerning coroners.  It would require accountability for the seizure of illegal or prescription drugs and would provide a method to dispose of the seized drugs.  The medical examiner or coroner would have to account for all illegal or prescription drugs which are seized from a deceased person or from the area around the deceased person.  Further it would allow random drug testing of the coroner, medical examiner or any employee who works in such offices as well as to require applicants to undergo such drug testing.  The drug testing must be done prior to commencement of employment or within 10 days after commencing employment – the person would have to submit to an established drug test in the manner required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs.

SR 191 – Sen. Johnson and others have introduced this Resolution requesting the Georgia Congressional Delegation to support President Bush's tax relief proposal. 

SR 213 – The Fulton-DeKalb Hospital Authority is in the news again this year.  Sens. Price, Paul, Ray, Johnson, and Perdue have offered this Resolution to create an Overview Committee for this Authority.  It would be composed of nine members: three from the House appointed by the Speaker with at least one from the area served by the Authority; three from the Senate appointed by the President of the Senate also with one from the area served by the Authority; and three from the General Assembly appointed by the Governor with one of which being from the area served by the Authority.  The Committee would  "periodically inquire into and review the operations, budget contracts, safety, financing, organization, and structure of the Fulton-DeKalb Hospital Authority." 

SR 217 – Sen. Marable and others have offered this Resolution in an effort to create the Senate Study Committee on Technology Education.  It would be composed of three members of the Senate as appointed by the President of the Senate.  It would undertake a study of the conditions, needs, issues and problems associated with meeting the demands of high tech jobs.  It would report back its findings, recommendations and suggestions on legislation before December 31, 2001. 

HB 648 – Rep. Everett and others have introduced this amendment to Article 7 of Chapter 14 of Title 44 concerning foreclosures in an effort to provide that the advertisements of sales under power shall include recitals of certain conveyances and the names of the new owners after such conveyances.  This has been now assigned to the House Judiciary Committee. 

HB 652 – Reps. Dodson, West, Hudson, Shaw, Unterman and others have introduced this amendment to Chapter 1 of Title 43 relating to professions and businesses so as to authorize the Department of Community Health to conduct surveys of the licensees and the reporting of the licensee data.  This would apply to a number of professions with the exception of the Georgia Real Estate Licensing Board and such surveys would be necessary in order to get a renewal of that license.  Information requested would include, but not be limited to, workplace settings, current practice by specialty, and geographical location.  "Such survey information from licensees who are licensed or certified under Chapter 7A, Chapter 10A, Chapter 11, Chapter 11A, Chapter 26, Chapter 28, Chapter 33, Chapter 34, Chapter 39, and Chapter 44 of this title and under Chapter 4 of Title 26 shall be provided to the Department of Community Health upon its request for the purpose of analyzing the supply and demand of health care personnel.  Individual data contained in the survey shall not be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records."  This bill is being done to help locate the numbers of nurses and allied health professionals who are actually licensed in Georgia.   This bill has now been forwarded to the House Industry Committee. 

HB 673 – Rep. Jamieson and others have introduced this bill regulating smoke detector requirements for nursing homes as found in Chapter 2 of Title 25 of the Code.  Each nursing home would have to, on or after July 1, 2001, provide in every patient's room an approved listed battery operated single station smoke detector which has been installed in accordance with their listing.  The smoke detectors would have to be maintained in good working order. 

HB 674 – Rep. Harrell and others have offered this proposal to amend O.C.G.A. § 31-1-9 concerning breast-feeding in public.  It would delete the language in the current law that the mother can breast feed provided that she acts in a "discreet and modest way." 

HR 275 – Rep. Childers has introduced this Resolution directing and requiring that the Department of Community Health adopt certain reimbursement methodologies for nursing facilities.  The reimbursement methodology should have the "flexibility to include incentives to nursing facilities to promote appropriate levels of adequately trained staff to meet the needs of each resident" and have the ability to provide "financial incentives to nursing facilities to recruit, train, and retain staff and to implement innovative methods of management and service delivery is a first step in addressing the problem" of recruiting, hiring, paying and retaining workers.  This has been forwarded to the House Health and Ecology Committee. 

Committee Activity 

          One of the most active Committees was the House Judiciary Committee.  HB 478, Speaker Murphy's insurance liability bill which creates a separate cause of action for breach of contract, was supposed to be on the Committee's agenda.  Due to negotiations with various interests, the bill was pulled from the agenda.  A  Juvenile Law Subcommittee meeting was held immediately after the full Committee.  There were four bills on its agenda.  Rep. Mary Squires serves as the Subcommittee's Chair.  Bills discussed included: 

HB 127 – This bill deals with the sealing or use of expungement of juvenile court records.  Eric Johns of the Council on Juvenile Court Judges testified before the Subcommittee to explain the difference between the two.  Sealing is more effective as it keeps all information private.  In expunged cases, law enforcement officials can get some information and records.  There was little discussion.  The Subcommittee passed out the Substitute version of the bill. 

HB 143 – Rep. Carl Rodgers presented his bill which would require that parents be responsible for the payment of the upkeep of juveniles in the custody of the State's RYDC facilities.  There was a good bit of discussion on this.  Advocates for the mental health groups testified that this was a bad bill; it would require parents to pay the State for a child's upkeep when they were sometimes already overburdened with paying for a child's mental health needs.  Rep. Wiles tried to help Rep. Rodgers as he agreed that the State should not pay the $130 daily rate if the parents had the financial resources to pay for the child's upkeep.   Rep. Ragas, Rep. Stokes, Rep. Allen, and Rep. Stuckey all had problems with the bill – sometimes parents might be the most offended according to Rep. Ragas and could bear witness against the child.  Rep. Stuckey wished to have more information on how the Juvenile Court Judges felt about this legislation – the courts might also be burdened with getting notices out to parents, etc.  The Department of Juvenile Justice stated that this bill would have no impact on its management.  Any money collected would go to the State's general treasury.  After a couple of 'false starts' on voting, the bill was tabled.  Rep. Rodgers is to work with the Juvenile Court Judges and the Department of Juvenile Justice on the issue. 

HB 201 – Rep. Ragas brought this bill before the Subcommittee which relates to 90 day sentencing of juveniles.  There were some issues raised by a Judge from the Coastal Region of the State concerning the elimination of boot camps.  According to testimony, the State was to eliminate such in the memorandum of agreement entered into between the State and the Department of Justice.  Also, Department of Juvenile Justice Commissioner Martinez is against boot camps.  This was passed out of the Subcommittee. 

HB 360 – This is the 2001 version of the Safe Place for Newborns.  This would allow a parent to drop off a baby at a medical facility, with immunity from liability if that baby showed no signs of abuse or neglect.  The Department of Human Resources would be responsible for the child and his/her costs associated with medical treatment.  Once the facility deemed the child could be released, then once the hospital notified the Department of Human Resources, the child would have to be picked up within six hours from the facility.  A lawyer instrumental in the writing of adoption law in Georgia, Ruth Claiborne, has been raising a number of questions concerning abandoned babies and adoptions of those babies.  As a result, Chairman Jim Martin will bring forth an amendment in the full Committee meeting in an effort to deal with the Adoption Bar's concerns.  There were some amendments placed on the bill – one dealing with the immunity from liability (the amendment basically states that the immunity provided in this subsection herein shall in no way be construed as providing for immunity from negligent treatment of the child taken into custody) and the other requiring that the Department of Human Resources go before a Juvenile Court Judge once it obtained physical custody of the baby in order to get legal custody (this follows the law passed last year in the Terrell Peterson Act).  The bill passed out of the Subcommittee as amended and now proceeds to the full Committee. 

          The Health Professions Subcommittee of Health and Ecology met today to address Reps. Parham and Graves bill, HB 585.  HB 585 proposes to amend Article 6 of Chapter 4 of Title 26 (the Pharmacy Code) by requiring that pharmacy benefit managers be licensed as a pharmacy.  The bill defines "pharmacy benefit manager" as a "person, corporation, or other entity that administers the prescription drug, prescription device, or both prescription drug and device portion of a health benefit plan on behalf of an insurer and in so doing performs various functions such as disease state management; disease compliance management; drug adherence management; etc.  The bill was being pushed by the Georgia Pharmacy Association and its lobbyist Wayne Oliver and presented to the Subcommittee by Rep. David Graves, a pharmacist from Macon.  Mr. Oliver explained that currently no pharmacy benefit managers are regulated in Georgia – there are approximately 30-40 such operations in Georgia. A member of the Georgia State Board of Pharmacy testified that numerous complaints are received about these pharmacy benefit managers and there is no recourse to deal with the problems.  Opponents to the legislation included the Department of Community Health – which had its issues stricken from the Substitute which was before the Subcommittee for its consideration.  Also, Express Scripts' lobbyist, Rusty Sewell (Express Scripts is the pharmacy benefit manager for the State's Medicaid, PeachCare, and State Merit programs), testified in opposition to the bill.  While there was discussion about the Substitute, there was no opposition amongst the Subcommittee members in order to halt the bill.  After passing, it is now anticipated to be on the next Health and Ecology Committee agenda.