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February 20, 2004 For more information contact: 404-817-6133 404-817-6247 404-817-6170 |
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February 20, 2004 Today was fairly short – except for those trying to enact tort reform. The House Judiciary Subcommittee had a marathon meeting this afternoon to deal with a couple of proposals. More on that Subcommittee meeting is below. The trial lawyers are winning at their efforts to tighten Georgia's laws to benefit corporations or assist physicians and hospitals from having large jury awards against them. It was day 22 and tempers are beginning to flare from lack of rest. So, as usual, this is survival of the fittest! Floor News The Senate took up the issue of reapportionment today. It dealt with SB 522 which amends Title 28 concerning reapportionment of Senate and qualifications of members. It proposes to strike the description of senatorial districts 1 through 56 immediately following the second sentence thereof and inserting in its place the description of senatorial districts 1 through 56 attached to this Act and made a part hereof and further identified as: "Plan Name: SENFAIR8 Plan Type: Senate User: staff Administrator: S056". This would apply to those persons taking office in 2005. The House had a relatively "light" day. It paid tribute to a number of guests including Lt. Colonel Charles Dryden of the Tuskeegee Airmen, who were the first African-Americans who were allowed to serve as pilots for the armed services. The House Clerk read a resolution to honor Lt. Colonel Dryden, the first African-American pilot in United States Army history to engage in aircraft combat. The House also passed HR 398 designating State Route 232 in Columbia County as the "Purple Heart Highway." A similar Resolution, HR 1191, also passed which would give the same designation to a stretch of Georgia Highway 354 in the Pine Mountain Valley. One Tax measure cleared the House by a vote of 145 to 1. HB 1107 proposes to provide a tax exemption on land used for river and stream buffer zones. There is current law establishing buffer zones for all of Georgia's rivers and streams where construction or other development projects are not permitted within those areas. HB 1107 proposes to extend a tax exemption to the property owners along these buffer zones by allowing any property which falls within the State-mandated buffer zones to qualify for the conservation use exemption from ad valorem taxes . Property owners must agree not to develop the property. Smoking is getting to be more difficult within the hallowed halls of the Capitol. HR 1193 passed by a vote of 131 to 18. This amends the Rules of the House of Representatives and bans smoking in the South anteroom of the House Chamber. Committee News The House Judiciary Subcommittee met today to hear some of the "tort reform" bills which have been introduced this Session. HB 1420 was effectively "killed" by this Subcommittee today. HB 1420, by Rep. Royal, proposed the Daubert Standard, relating to use of expert witnesses – requiring that "if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if: (1) The testimony is based upon sufficient facts or data which has been admitted into evidence; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case." Further, it proposes that "in professional malpractice actions, the opinions of an expert who is otherwise qualified as to the acceptable conduct of the professional whose conduct is at issue shall be admissible only if, at the time the act or omission is alleged to have occurred, such expert: (1) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; and (2) Had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in: (A) The active practice of such area of specialty of his or her profession for at least three of the last five years immediately preceding such time; (B) The teaching of such area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which has been accredited in the teaching of his or her profession for at least three of the last five years immediately preceding such time; or (C) Any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of subparagraphs (A) and (B) of this paragraph for at least three of the last five years immediately preceding such time." The other bill on the Subcommittee's agenda was HB 1399 and it was substantially "gutted" according to the Civil Justice Reform Coalition (made up of Georgia businesses, hospitals and physicians). A number of amendments were added to HB 1399. HB 1399, the bill by Rep. Porter and other Members of Speaker Coleman's Committee on Civil Justice, proposes to change certain provisions in Title 9 relating to medical malpractice civil actions and creates provisions regarding expert opinions in medical malpractice civil actions. There were also provisions in the bill relating to discovery and scheduling matters, participation in alternative dispute resolution, and attorney fees and expenses in medical malpractice civil actions. Other News The Governor's strengthened Rules and Regulations within the Dept. of Community Health which its Board adopted in January are starting to be implemented. New forms are now required for "vendor lobbyists" to register with the Department and the State Ethics Commission when applicants for certificate of need projects are making their applications. If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat. |
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