February 3, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

February 3, 2004

          Following a breakfast sponsored by the Georgia Breast Cancer Coalition, Kaiser Permanente and others, Legislators returned to the Gold Dome to work on their agendas.  Firefighters from across Georgia were also recognized today, along with other emergency personnel.  Fire trucks and firemen circled the Capitol! 

The Senate had an especially long day given that only two bills were on its calendar.  Meanwhile, the House adjourned around mid-day and held Committee meetings.   

Floor News

The House took up four bills today:

HB 441, dealing with the Georgia Judicial Retirement System, passed.  Presently, Fulton County State Court judges operate their own retirement system.  This proposal provides that all judges, whether appointed or elected after July 1, 2004, would participate in the State's Judicial Retirement System.  Fulton County State Court judges who were on the bench prior to July 1, 2004 would also have the option of transferring their current retirement contributions to the Judicial Retirement System.  If a judge is eligible to participate, then he or she must make the change by December 31, 2004.  The bill also deals with "credible service" so that judges will be credited only the amount of service which corresponds to their fund contribution, providing that amount does not exceed their actual years of credible service.

Another bill dealing with retirement issues also passed.  HB 746, dealing with State employees who return to State service, provides that employees may get credit for their forfeited annual and sick leave.  This passed unanimously.  It proposes to allow employees, with at least ten actual years of credible service and who forfeited at least six months of leave time, to regain credit for their forfeited leave time once they have reestablished credible service in the State's Employees Retirement System.

A third bill dealing with retirement issues also cleared the House.  HB 328 proposes to allow local boards of education to provide benefits (such as group medical insurance, dental coverage, life insurance, disability insurance, and liability insurance) to their board members through the use of local funds.  The local boards would be allowed to offer retirement plans as well as pay into social security and employment security benefit programs for these persons. Entities which want to offer these benefits must announce intent to do so at a regularly scheduled meeting, doing so at least one month before the benefits are granted.  The proposal also provides that an employer's contribution of such benefits' cost would be paid by the local school boards; remaining costs would have to be paid by the board member.  It passed by a vote of 162 to 6.

HB 1117 also cleared by a unanimous vote of 161 to zero.  It proposes to establish a legislative oversight committee for the Georgia Lottery Corporation.  In an effort to keep the law current with names of House Committees, it reflects changes to the House standing committee structure by requiring the appointment of the chairman of the House Regulated Industries Committee to serve as co-chair of the oversight committee.

The Senate labored on two education bills.  SB 428 addresses school attendance requirements and adds a penalty so that it will impact when a teen can get a driver's license.  SB 428 took hours to deal with; tempers were short at the end of the day with the numerous amendment proposals.  There were even attempts made to place the bill back in Committee but these failed.  At 4:30 p.m., the bill finally passed as a Substitute with a number of amendments.  SB 429 also was on the floor with proposed changes and addresses flexibility and accountability revisions.  This bill passed around 7:30 p.m.

New Legislation

HB 1315 – Rep. Powell has proposed increasing the fee imposed when an applicant purchases a vehicle license plate or revalidation decal by mail through the Department of Motor Vehicles.  Currently, the fee is $1.00; this proposes to increase it to $2.00.  This would be amended in O.C.G.A. § 40-2-30.

HB 1320 – Rep. Henson and others have authored this change to O.C.G.A. § 45-18-20 to require that the Department provide to the Governor, Lt. Governor, Speaker of the House of Representatives, and chairs of the appropriations committees by February 1 of every year a status report on the fiscal condition of the State's employees' health benefit plan and by March 1 of each year, the proposed schedule of premiums, deductibles, and employee cost sharing for the next open enrollment period.  This has been referred to the House Appropriations Committee.

HB 1323 – Rep. Greene-Johnson has proposed changes to jury service in Article 1 of Chapter 12 of Title 15.  It allows for the postponement of jury service (this would be allowed once with certain provisions and no subsequent postponement would be granted except in an extreme emergency (family death, grave illness, natural disaster or national emergency where the person was directly involved) and an excused jury service duty period of up to 24 months in certain instances (when the juror has a mental or physical condition which causes him or her to be incapable of performing jury service and which would require documentation from a physician or if such jury service would cause undue or extreme physical or financial hardship to the juror or a person under his or her care or supervision (this would require a judicial determination)).  This was forwarded to the House Judiciary Committee.

HB 1326 – Rep. Murphy and others have introduced a change to Chapter 4 of Title 50 to revise provisions relating to governmental privatization contracts.  This impacts program contracts in excess of $5 million annually.  It will also apply to institutions (facility operated by the executive branch of State government with an annual operating budget in excess of $1 million).  Before any department, agency, authority, or other unit of the executive branch enters into any contract to privatize the operation of any institution or program, it requires that written notice of the proposed privatization be sent to the President of the Senate, Speaker of the House, and the appropriate legislative overview committee, if any.  It has to be given at least 60 days prior to entering into the contract to privatize.  Any contract which is entered into in violation of this would be voided unless as specified in an emergency exception (imminent peril to person or property which can be avoided only through non-compliance with this Code section) and those that began prior to July 1, 1997 or to the renewal of any contract or agreement for the privatization of an institution or program.  This will be heard by the House State Institutions and Property Committee.

HB 1329 – Another bill dealing with cruelty to children has been offered.  This measure is by Rep. Bordeaux and others.  It amends Title 16 and provides a definition of cruelty to children and third-degree cruelty to children.  A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction; a third or subsequent offense of cruelty to children in the third degree will require that the defendant be guilty of a felony and shall be sentenced to a fine of not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.  The bill also re-defines the term "serious injury" and includes sexual abuse of a minor under the age of 16.  The bill defines in O.C.G.A. § 16-2-1(b) "criminal negligence" as an "act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby."  This was forwarded to the House Judiciary Committee.

HB 1330 – Modeled after a similar law in South Carolina, health insurers have proposed that a Task Force to Review State and Federal Health Insurance Mandates in Georgia be created.  Rep. Harbin has authored this legislation to be placed in Chapter 24 of Title 33.  The bill outlines membership for this Task Force (Commissioner of Dept. of Insurance; Chair of Senate Insurance and Labor Committee; Chair of House Committee on Insurance; Commissioner of Dept. of Community Health; two members appointed by the Governor one of whom must be a representative of a company which employs ten or fewer persons and one of whom must be a member of the general public who is not associated with health care providers; two members who shall be consumer advocate members (one appointed by the Speaker; the other by the Senate Committee on Assignments); and another five members by the Governor (one each from the Georgia Association of Health Plans; Georgia Chamber of Commerce; National Federation of Independent Businesses; Georgia Hospital Association; and Medical Association of Georgia)) and would require that it make reports and recommendations.  This Task Force can hold public hearings, conduct research, receive testimony from experts, review and compare the mandated health benefits upon health insurance issuers in other states and jurisdictions and effects of such mandates, and take other actions as deemed appropriate.  It must look at each and every state mandated health benefit placed upon health insurance issuers in Georgia since 1990 and determine the impact of each as it relates to premiums for health insurance coverage and the ability for all Georgians to obtain affordable healthcare in Georgia.  This review must be performed at least every six months.  The House Insurance Committee will hear this bill.

HB 1332 – Rep. McClinton and colleagues have offered this Tax Code change to provide for an exemption with respect to sales of certain tangible personal property to or used in the construction of certain symphony halls (those owned or operated by an organization which is a 501(3)(c) entity).  This would be added in O.C.G.A. § 48-8-3(78).  This will be heard by the House Ways and Means Committee.

HB 1333 – Reps. Dollar and Parham have co-authored this change relating to drivers' licenses in O.C.G.A. § 40-5-33 to allow that a person's driver's license may show a former address (for instance, if that person also receives mail at such address or if the licensee is a student attending a college or university in Georgia or any other states but maintains an address of his or her parent or legal guardian within Georgia as the residence address on the records with the Dept. of Motor Vehicle Safety).  The bill was referred to the House Motor Vehicle Committee.

SB 462 – Sen. Adelman and others have proposed amending the speed limit for trucks.  This change would be placed in O.C.G.A. § 40-6-181.  It will be known as "Cullum's Law."  This will apply to vehicles having ten or more wheels or an empty weight in excess of 8,000 pounds.  The bill will now be heard by the Senate's Public Safety and Homeland Security Committee.

SB 464 – Sen. Clay and others have proposed amendments to Part 2, Article 15, Chapter 1 of Title 10, "Fair Business Practices Act of 1975."  It proposes changes concerning the Consumer Advisory Board which receives complaints filed on aggrieved consumers.  The administrator cannot accept such complaints unless they are in writing; submitted by or on behalf of the aggrieved consumer; have a chronological listing of the problem; and accompanied by copies of documents relevant to the complaint (invoices, contracts, or correspondence relating to the complaint). If more than 90 days have elapsed since the administrator has accepted the complaint and the administrator has not determined that the subject of the complaint is using, has used, or is about to use any method, act, or practice declared unlawful, then the administrator must deem the complaint as unfounded, dismiss the complaint, and purge the complaint from the files and records of the office of the administrator.  This was referred to the Senate Agriculture and Community Affairs Committee.

SB 466 – Sen. Shafer and others have authored this change to O.C.G.A. § 16-5-80 concerning "feticide."  It removes the requirement that the "child must be quick."  Current law reads:  "A person commits the offense of feticide if he willfully kills an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child, which would be murder if it resulted in the death of such mother."  The proposal reads: "A person commits the offense of feticide if he or she willfully kills an unborn child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother."  This measure was referred to the Senate Judiciary Committee.

SB 468 – Sen. Levetan and others have authored this amendment to Article 2 of Chapter 8 of Title 31 to provide for alternative procedures and sources of funding for reimbursing hospitals who take care of non-resident, indigent persons.  It adds that "while some hospitals receive significant financial support from their counties for the provision of indigent care, other hospitals, often those with the greatest need, receive no financial support from their counties.  This results in a disparity of treatment and inequitable access to hospital and health care services among the state's indigent population, forcing many indigent persons to seek such services in other counties."  The bill is designed to help hospitals such as Grady Hospital in Atlanta which treat patients who are unable to pay and live in counties other than Fulton and DeKalb.  The bill provides that the chief administrative officer of a hospital (or designee) must notify in writing the healthcare advisory officer of the county of residence of any non-resident patient, receiving healthcare and claiming indigency.  Once the health advisory officer determines indigency, the notification shall then constitute a certification of such indigency and the costs of the care must be paid to the hospital.  If the health care advisory officer determines the patient not to be indigent, the hospital can appeal such.  If then it is determined the patient is indigent, then the cost of the care must be paid.  This must be done within 30 days of the county's receipt of the bill.  Interest shall accrue on any unpaid amount at the legal rate of interest.  There are additional provisions if the county fails to pay.  For instance, the Comptroller General will be required to provide the Governor and General Assembly's Appropriations Committees with a quarterly accounting of the amounts certified by hospitals as owed by counties and the amount paid to hospitals out of any revenue-sharing or tax-sharing funds or grants due to the county.  The bill was sent to the Senate Health and Human Services Committee.

SB 469 – Sen. Dean and others have proposed this change to O.C.G.A. § 16-6-4 to provide the court with an additional punishment tool for the offenses of child molestation and aggravated child molestation.  It also prohibits the defendant from entering or remaining present at the victim's school, place of employment, place of residence, or other specified place at times when the victim is present or from entering or remaining present in areas where minors congregate, child care facilities, or schools as those are defined in O.C.G.A. § 42-1-13.

SR 660 – Sens. Seay, Tate, and Starr have proposed a Constitutional Amendment to provide for maximum teacher-student ratios for kindergarten (one certificated teacher for each 18 students) and grades one through three in public schools (one certificated teacher for each 21 students). This has been forwarded to the Senate Education Committee.

SR 669 – Sen. Adelman and colleagues have proposed creating the Joint Study Committee on Truck and Highway Safety.  This Committee will look at the numbers of fatalities involving truck crashes.  This mirrors the House version, HR 1125.  This was referred to the Senate's Public Safety and Homeland Security Committee.

SR 670 – Sens. Unterman and Seay have proposed to recognize February 6, 2004 as "Go Red for Women Day."  This is to raise awareness of cardiovascular disease in women.

Committee News

          Rep. Jay Shaw, as chair of the House Appropriations Committee's Dept. of Community Health Subcommittee, held a public hearing (from 2:00 p.m. until after 5:00 p.m.) on the FY 2004 and FY 2005 Budget proposals put forth by Governor Perdue.  The room was packed to capacity and even more people were standing in the halls.  The eligibility cuts in the budget and elimination of programs probably received the most discussion.  A number of hospitals were also there to not only discuss eligibility cuts (such as the cuts to pregnant women so as to eliminate coverage for those between 185 and 235% as they are now covered) but also cuts to their ambulatory surgery center reimbursement.  There was compelling testimony about the 12,500 women who will not be covered.  Prenatal care allows a patient to be diagnosed of problems at an early stage.  Prenatal care also helps educate women on how to better care for themselves during pregnancy (such as how to eat better, avoid drugs, etc.).  The average length of a hospital stay for a newborn born healthy is 1.9 days; an average length of stay for a pre-term newborn is 27 days.  Average costs associated with a healthy baby delivered in a hospital is $1,300; those born pre-term cost $75,000 on average.  There are 323 babies born too soon on a weekly basis in Georgia.   The impact to PeachCare proposals also got a lot of discussion (locking children out for three months when their parent does not pay premiums and locking children out from coverage when their parents drop private insurance to get coverage under PeachCare).  Testimony by various individuals was that hospitals in the State would bear the brunt of the cuts – including the elimination of the adult dental coverage in the Medicaid program.  Workforce shortages, coverage for prosthetics/orthotics, and pharmacy issues also were mentioned. 

          Rep. Shaw indicated that this Subcommittee would hold another hearing next Tuesday, February 10, 2004 to hear from folks were unable to testify today due to time constraints.

Other News

          We learned that a number of tort reform initiatives will be introduced.  Speaker Coleman's working group as well as others by House Republicans will be offered.  There will also be other tort reform bills introduced on behalf of the Georgia Coalition for Civil Justice (Georgia Hospital Association, Medical Association of Georgia and Georgia Chamber of Commerce). 

          It is also believed that the issues involving the single specialty, physician-owned ambulatory surgery centers are not dead.  It is likely that a bill will be introduced by Rep. Ron Dodson in response to the hospitals' plea for assistance in closing the existing loophole in current law.  This would require that all such facilities undergo a full certificate of need application and review process rather than getting a letter of non-reviewability when costs are under $1.4 million.

A Conference Committee has worked out differences on the water planning issues left from last Session.  It is likely that HB 237 will be dealt with on the House Floor on Thursday.

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

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