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February 4, 2004 For more information contact: 404-817-6133 404-817-6247 404-817-6170 |
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February 4, 2004 The General Assembly was in recess on Wednesday, February 4. This Report will reflect Committee news from that date. See below. A Conference Committee Report was released on the water bill, HB 237. This proposes that a state-wide water management plan is needed and should be developed by the Environmental Protection Division of the Department of Natural Resources; that such plan have a structured, yet flexible, approach to regional water planning and provide some guidance and incentives for regional and local water planning efforts; and that regional water planning efforts of the Environmental Protection Division should be coordinated with and not supplant the existing efforts of all state agencies. The Conference Committee Report sets up a policy statement; principles which will guide the work of the Environmental Protection Division in developing this comprehensive state-wide water management plan; requires that the plan set forth statewide water policies which will guide river basin and aquifer management plans, regional water planning efforts, and local water plans; that the plan may also include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised (including how the public can participate in such creation or revision); and requires that the EPD make all water withdrawal permitting decisions in accordance with the comprehensive statewide water management plan. The EPD will also have to work in cooperation/coordination/communication with the Water Council (created in O.C.G.A. § 12-5-604). The bill outlines membership for such Council. There are also provisions on approval of the statewide water management plan which will be submitted to the Board of Natural Resources for its adoption or rejection (the DNR Board may not modify such). Floor News The House had several bills on its agenda. Here are a few which were addressed: Have you ever wanted to change a traffic light from red to green? Well, there are pieces of equipment in the market place to do just that. However, House Members feel that such equipment should not be in the hands of everyone. Thus, it passed legislation, HB 1113, to halt the unauthorized use of Mobile Infrared Transmitter "MIT" devices. MIT devices are pieces of electronic equipment which enable drivers (or operators of such) to change a traffic light signal from red to green in a matter of seconds by sending an infrared beam to signal receivers. These devices are used by police, fire, and other emergency vehicles to assist them in clearing intersections and halt opposing traffic on emergency missions. These devices are now sold in the market place for under $500. The bill passed by a vote of 167 to 1. Boy Scouts will have a safer camp site due to legislation passed by the House today, if the Senate and Governor approve the bill. HB 1083 proposes to deal with a middle Georgia problem involving a private landfill company which is seeking to locate a landfill within 100 yards of a Boy Scout summer camp. Legislators heard about the numerous health risks associated with such trash dumping. HB 1083 proposes a ban on issuing a permit for the creation of a landfill within one mile of any private recreational camp, as long as that camp has been operational for at least 25 years, and is operated primarily for use of children under age 18. Rep. Mary Margaret Oliver presented the long-time-coming guardianship re-write, HB 229. After getting help from the State Bar and outside legal help, including input from judges, Legislators propose to reorganize and rewrite Georgia's law on legal guardianships for both children and adults. The bill divides guardianships for children and adults into sections relating to guardianships for the person and property for each. HB 229 had a number of hearings before reaching the House Floor. Several amendments were proposed, but House Members, and the bill's lead sponsor, felt it would be unwise to jeopardize this important legislation with last minute changes. Thus, changes were defeated. HB 229 passed by a vote of 170 to 2 and now moves to the Senate. New Legislation HB 1336 - Rep. Rogers has proposed a change to Chapter 1 of Title 50 to enact the "Secure and Verifiable Identity Document Act." It requires the presentation of secure and verifiable documents for purposes of providing governmental services and performing governmental functions. "Secure and verifiable document" means "a document issued by the federal government of the United States, issued by the government of any one of the several United States, or recognized by the government of the United States and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies." The bill has been referred to the House Judiciary Committee. HB 1337 – Rep. Westmoreland and others have proposed a change to O.C.G.A. § 24-9-67 to provide for standards in admitting expert testimony in professional malpractice actions. "Professional malpractice action" is any action involving any profession listed in O.C.G.A. § 9-11-9.1, including, but not limited to, medical malpractice actions as defined in O.C.G.A. § 9-3-70. Changes also proposed:
(c) In a professional malpractice
action, 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 the evidence at the trial of the case; This measure has been forwarded to the House Judiciary Committee. HB 1338 – Rep. Westmoreland has also proposed changes in Chapter 12 of Title 51 concerning joint trespassers and apportionment of damages. In O.C.G.A. § 51-12-31, the new Code Section would read: "Except as provided in Code Section 51-12-33, where an action is brought jointly against several trespassers, the plaintiff may recover damages for an injury caused by any of the defendants against only the defendant or defendants liable for the injury pursuant to subsection (b) of Code Section 51-12-33. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally." Additionally, changes are placed in O.C.G.A. § 51-12-33:
(a) Where an action is brought
against one or more persons for injury to person or property and the plaintiff
is to some degree responsible for the injury or damages claimed, the trier of
fact, in its determination of the total amount of damages to be awarded, if any,
shall determine the percentage of negligence of the plaintiff and shall reduce
the amount of damages otherwise awarded to the plaintiff in proportion to his or
her negligence compared with that of the person or persons liable for the injury
or damages claimed. The House Judiciary Committee will review this proposal. HB 1339 – Rep. Westmoreland and colleagues also propose amending Chapter 1 of Title 51 to provide for limited liability for certain healthcare providers for treatment of certain emergency conditions. It proposes: (c) "Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct, no hospital or healthcare provider that renders care or assistance in or at the request of a hospital or healthcare provider to an individual who comes to the hospital with an emergency medical condition, whether such care or assistance is rendered gratuitously or for a fee, shall be held liable for non-economic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance." Such limitation on liability would not apply to any act or omission in rendering care or assistance: 1) unrelated to the original emergency medical condition; or 2) which occurs after the patient is stabilized and is capable of receiving medical treatment as a non-emergency patient, unless surgery is required during the same hospitalization as a result of the original medical condition, in which case the limitation on liability provided by subsection (c) of this Code section shall apply to any act or omission in rendering care or assistance which occurs before the stabilization of the patient following surgery. There is also a rebuttable presumption that the medical condition which was the result of the original emergency medical condition and that the limitation on liability provided applies with respect to the medical condition that arises during the course of the follow-up care if such was required. This bill was also assigned to the House Judiciary Committee. HB 1340 – Rep. Westmoreland is also leading this initiative amending O.C.G.A. § 51-12-14 to provide for the recovery of attorney's fees when demanding unliquidated damages in tort actions. This bill was sent to the House Judiciary Committee. HB 1341 – Rep. Westmoreland also has offered this change to O.C.G.A. § 9-11-41 changing provisions relating to a plaintiff's voluntary dismissal. The proposal amends (a)(1)(A) (concerning voluntary dismissal; effect by plaintiff; by stipulation so that an action may be dismissed by the plaintiff, without order or permission of court: "by filing a written notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever occurs first;" (currently, this filing of a written dismissal is at any time before the first witness is sworn)) or "(b) by filing a stipulation of dismissal signed by all parties who have appeared in the action." This bill was forwarded to the House Judiciary Committee. HB 1342 – Rep. Westmoreland and others have also offered a change to collateral source damages in Chapter 12 of Title 51. The bill defines the various "collateral sources" (medical, dental, hospital, or other similar benefits or payments which are payable by an insurer, a self-insurance plan, an employer, or any other similar benefit plan; workers' compensation benefits; wages, salary, disability income, or income replacement benefits or payments payable by an insurer, a self-insurance plan, an employer, or any other similar benefit plan; etc.). Thus, this proposal takes into consideration the double recovery of damages. The court is now required to look at such in cases involving a tort or a contract in the recovery of special damages arising from a tortuous injury in which special damages are sought to be recovered or evidence of the same is introduced. The trial court shall only consider evidence of collateral sources of recovery for future special damages, evidence of the costs incurred by the plaintiff in obtaining the same, and evidence of the likelihood or unlikelihood that such collateral sources for future special damages will be available in the future if the collateral sources for such future damages are being utilized by the plaintiff or are available to the plaintiff at the time the trial court considers such damages. This bill was also forwarded to the House Judiciary Committee. HB 1343 – Reps. Westmoreland and others are proposing this amendment to Chapter 12 of Title 51 addressing caps on non-economic damages in tort actions. It proposes to limit, in any verdict returned or judgment entered in an action for medical malpractice, the total amount recoverable for any injury to, or death of, a claimant for non-economic damages shall not exceed $250,000, regardless of the number of parties against whom the action is brought, or the number of separate claims or actions brought, or the number of parties bringing such claims or actions, with respect to an act or series of acts of malpractice. If there is a jury award in excess of $250,000, it will be reduced by the court either before the entry of judgment, or by amendment of the judgment after entry of judgment and such reduction will be made before any accounting for any other reduction in damages required by law. In an award of future damages equaling or exceeding $50,000 made against any party in an action, the trial court shall upon request of any party, issue an order providing that such damages be paid by periodic payments, funded through an annuity. This would apply to causes of action arising on or after the effective date of this Act (signature of the Governor or upon its becoming law without such approval). This proposal would be inserted in O.C.G.A. §51-12-34. This measure was referred to the House Judiciary Committee. HB 1346 – Rep. Buckner and colleagues have proposed a change in Article 7 of Chapter 4 of Title 49 to require that the Department of Community Health submit an annual report to the General Assembly on all rebates received on pharmaceutical drugs purchased or ultimately paid for or reimbursed by the Department of Community Health. This would require such report on April 30, 2004, unless such bill did not become effective until after that date and then it would require such report be submitted 15 days after such effective date. Initial information would include data for the years 2001, 2002, and 2003. This bill was sent to the House Health and Human Services Committee. HB 1347 – Rep. Manning and colleagues are proposing changes to Chapter 5 of Title 49 in an effort to protect Georgia's children. It provides that a child welfare agency shall be required to obtain for every applicant for employment a preliminary criminal records' check from the Georgia Crime Information Center through a local law enforcement authority. It outlines crimes which will prohibit a person from such employment for a minimum of ten years from the date of final disposition of the crime (these would include felony violation relating to criminal attempt as it concerns murder; felony violation relating to keeping a place of prostitution; felony violation relating to pimping; felony violation relating to pandering; felony violation relating to theft by taking; etc.). Persons would be permanently prohibited from obtaining employment in, service on behalf of, or residence in a child welfare agency or a home used by an agency, if that person had a violation relating to murder and felony murder; violation relating to aggravated assault; violation relating to battery; etc. This bill will now be heard by the House Children and Youth Committee. HB 1348 – Rep. Harbin has proposed a change in Title 33 to provide that insurers may provide food or refreshments, under certain circumstances, to current or prospective clients during sales presentations and seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations and seminars. This would amend the "unfair methods of competition" portion of O.C.G.A. § 33-6-4(b)(8)(C). It also has language to amend O.C.G.A. § 33-9-36(e): "Nothing in this Code section shall be construed as prohibiting the payment for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars." This would apply to this section relating to "unauthorized premiums and unauthorized inducements." This will be heard in the House Insurance Committee. HB 1357 – Rep. Noel has proposed a new Code Section at 50-1-8 to provide that no State or local government agency or entity shall operate or make use of a telephone call center located outside the United States which call center provides services for or on behalf of such a government entity. A "telephone call center" is defined as any physical facility or combination of physical facilities which house employees or independent contractors having as a principal or primary employment duty the answering or placing or answering and placing of telephone calls. The House Committee on State Institutions and Property will hear this bill. HB 1361 – Rep. Childers has proposed creating the "Georgia's Children's Vision Improvement and Learning Readiness Act of 2004." This proposes that if federal grants become available that the Department of Education must apply for such in order to develop a State program to provide comprehensive eye examinations for children entering the first grade. This would be created in Part 3 of Article 16 of Chapter 2 of Title 20. The House Health and Human Services Committee will take up this bill. HR 1132 – Reps. Ashe and Benfield have teamed together again this year to recognize February 5, 2004 as "Girls and Women in Sports Day." This is to recognize girls and women in sports across the State and celebrate the outstanding achievements of female athletes as well as to direct attention to the unique issues facing females in sports. HR 1169 – Rep. Jackson and others are proposing a Constitutional Amendment to provide for additional annual license fees for dentists and dental hygienists and to allocate revenue generated from such fees to a Dental Trust Fund. These monies would be used exclusively by the Secretary of State and the Georgia Board of Dentistry for the purposes of, and as directed by, the Georgia Board of Dentistry. Dentists would pay an additional $15.00 to the fund and dental hygienists would pay an additional $10.00 fee. This proposal would amend Article III, Section IX, Paragraph VI. SB 473 – Sens. Henson, Tate, and Stokes have co-authored this bill amending Chapter 4 of Title 50 to provide that no State agency shall enter into a contract with a private entity for the provision of services, if any such services will be performed outside the geographical boundaries of the United States. Each contracting State agency will be required to get from each vendor submitting a bid for such services certification that they will use only vendors who operate in the geographical boundaries of the United States. A person who submits a certification known to be false will be guilty of a felony. This will apply to contracts entered into on or after July 1, 2004 Additionally, there are breach provisions which will apply to such contracts. The Senate State and Local Governmental Operations Committee will hear more on this legislation. SB 474 – Sen. Unterman and others have proposed a change to Chapter 5 of Title 16 to prohibit assaults and batteries of unborn children under certain circumstances; remove the requirement that an unborn child be quick in the definition of feticide by vehicle (Article 15 of Chapter 6 of Title 40); remove the requirement that an unborn child be quick in the definition of feticide by vessel (Article 1 of Chapter 7 of Title 52); etc. "Unborn child" is defined in O.C.G.A. § 16-5-226 as "a member of the species homo sapiens at any stage of development who is carried in the womb." A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child who is subsequently born alive. This was referred to the Senate Judiciary Committee. SB 481 – Sens. Hill and Thomas are proposing a change to Part 2 of Article 10 of Chapter 6 of Title 40, "Parking Law for Persons with Disabilities." It will allow a person who has systemic lupus or any other condition which results in a severe adverse reaction caused by brief periods of exposure to sunlight to also be included in the list of persons with disabilities who may obtain a parking permit for a "permit only" space designated for handicapped persons. This bill was sent to the Senate Public Safety and Homeland Security Committee. SR 675 – Sen. Golden has authored a proposed Constitutional Amendment to extend the terms of office for members of the General Assembly. Currently, lawmakers serve two year terms. His proposal extends the terms to four years. This is an effort to help lawmakers from focusing on campaigning so frequently. It would apply to members of the General Assembly taking office on or after January 1, 2004. This change is proposed for Article III, Section II, Paragraph V. This measure was forwarded to the Senate Rules Committee. SR 676 – Sen. Golden has proposed limiting the number of days that the General Assembly is in "session." Currently, Georgia's "session" is 40 days. His Constitutional Amendment proposes changing the number of days to 30 days. This change would be inserted in Article III, Section IV, Paragraph I. This bill was referred to the Senate Rules Committee. SR 678 – Sen. Hamrick and colleagues are proposing a Constitutional Amendment to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used. This amendment would be included in Article 1, Section II, Paragraph VIII of the Constitution. This bill was forwarded to the Senate Economic Development and Tourism Committee. SR 680 – Sen. Brush and others are proposing the creation of a senate Study Committee on the Scope of Chiropractic Practice. This was referred to the Senate Health and Human Services Committee. SR 681 – Sen. Stokes and others are proposing creating the Joint Study Committee on Cultural Competency in Medical Schools. This measure was sent to the Senate Health and Human Services Committee. Committee News Wednesday was a very busy day. A number of Committees met and took action on legislation. The Senate Appropriations Committee's Dept. of Community Health Subcommittee met and heard from the Department on its proposals for FY 2005. The Department provided various graphs and charts outlining impacts to eligibility and persons served by the cuts/changes proposed. A number of inquiries were made by Sens. Williams and Cagle regarding certain cuts and other changes. There were discussions on more "revenue" – these discussions centered on the premiums which will be required for families of persons who are covered by the Katie Beckett Waiver. Currently, these children who have severe medical needs do not pay any portion of their care. The Governor has proposed a sliding fee scale, based on the family's income, for continued services for these individuals. Additionally, the PeachCare program will impose higher premiums for families with children covered by this program. Premiums for these families may go as high as $90 per month based on the Governor's recommendations. Sen. Williams asked what other states were doing with their "SCHIP" (Children's Health Insurance Programs) programs; Williams further mentioned that as an employer with employees making $35,000 he could not touch the premium prices proposed for health insurance coverage for his employees. There were a number of discussions on the impacts of the cuts to eligibility (such as pregnant women) and the decreases in reimbursement to hospital-provided ambulatory surgery center services. Sen. Cagle basically indicated that hospitals were already getting enough monies from the State's budget and he understands that hospitals are already profit centers. There will be an additional public hearing on this portion of the State's Budget which will likely take place the week of February 9. The House Industrial Relations Committee met and assigned HB 1258, the amendment to Chapter 4 of Title 34, the "Georgia Minimum Wage Law," to preempt certain wage and employment benefit mandates by local government entities, to a Subcommittee, " Employment Security and Unemployment Insurance." The Subcommittee is composed of the following persons: Chair Rep. George Maddox; Rep. Williams; Rep. Bannister; Rep. Butler; Rep. Coan; Rep. Marin; Rep. Sailor; Rep. Smith; Rep. Teilhet; and Rep. Thompson. It also passed out HB 1278 by Rep. Channell without any changes or opposition. This bill proposes to amend O.C.G.A. § 34-9-226 concerning the appointments of a guardian for a minor or incompetent claimant entitled to workers' compensation benefits. The House Ways and Means Committee's Subcommittee on Sales Tax also met and took up three bills. HB 1052 will allow an exemption on ice which is sprayed on tops of boxes (Rep. Royal introduced this because corn growers had to pay tax on ice when they sprayed on ice on boxes of corn to keep them chilled). It specifically amends O.C.G.A. 48-8-3 and adds a new subparagraph (78): "The sale or use of ice when sold to or used by a poultry producer or other processor for chilling fowl and other products in processing for market and for chilling storage rooms, compartments, or delivery trucks." The Subcommittee passed this change. It also addressed HB 1201 by Rep. Channell concerning the hotel/motel tax. There were some concerns raised by the Dept. of Revenue and its involvement with naming members of the Board as well as making a determination whether an entity was "doing right" and following the law's intent on monies raised by hotels and motels for local areas. As the bill is engrossed, no changes may be made. The Georgia Chamber of Commerce supports the legislation. There were a number of hearings on the bill but the Dept. of Revenue never raised concerns until the bill came to the Subcommittee. The bill passed and will go to the full Committee. HB 1105 was also taken up concerning the sales and use tax exemption proposed for wax or dies. Rep. Sims introduced the bill to aid a constituent. The manufacturer is making aircraft parts; the Dept. of Revenue believes that another exemption, currently in the Code, will address the problem. Also, there were concerns that this might actually cut needed monies from the State's Budget and no fiscal note had been requested on the bill. Both Reps. Richardson and Orrock, members of the Subcommittee, raised varying concerns over the need for more exemptions. Thus, Chairwoman Ashe held this bill. The House Insurance Committee met and passed out by Committee Substitute, HB 547. This bill will require that no insurer may charge a surcharge on a policy of a motor vehicle insurance policy which provides coverage for the personal motor vehicle of any law enforcement officer, firefighter, or emergency medical technician for an accident which occurred while that law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties and for which the law enforcement officer, firefighter, or emergency medical technician furnishes proof (such as accident report, 911 log, etc.). Additionally, several bills were assigned to Subcommittees. HB 1330, the bill creating a Commission to review health insurance mandates, will be heard by a Subcommittee comprised of Reps. Bruce, Maddox, and Forster. The House Industrial Relations Committee's Subcommittee on the Prescription Drug proposals authored by Rep. Ron Stephens (HB 1061 and HB 1220) and chaired by Rep. Mike Barnes, met on Wednesday and heard testimony from the author of the bills, the Dept. of Community Health, and the Public Service Commission. These bills propose a price control system (BH 1061) to be established basically by the Public Service Commission for brand name drugs. Rep. Stephens believes that the PSC should regulate this "monopoly." He indicated that all other segments of healthcare had "caps." This should further be controlled by prior approval processes (HB 1220). It was clear that the PSC does not wish to take on this task – it provided information that it did not have the economic expertise in the area of pharmaceuticals and that it would have to hire additional staff and experts to tackle this project. Further, if a manufacturer disagreed with a proposed price, it could object and a hearing would have to be held – this too would incur costs. At one point, the PSC stated that it was likely that this might cost $200 million to implement. This is in a period of hard budget times. Next week, the Subcommittee will hear from the manufacturers of drugs. The Senate Health and Human Services heard SB 376, the advanced practice registered nurse bill which proposes that such nurses be granted prescriptive authority under a collaborative practice agreement with a physician. A number of entities testified at this hearing. Georgia is the only state which does not allow APRN-qualified nurses this right in their scope of practice. Sen. Tom Price, a physician from Roswell, worked with Sen. Balfour in drafting this proposed legislation. The Medical Association of Georgia is opposed to the bill. The bill was assigned to a Subcommittee of Sens. Butler, Unterman and Balfour. Today, the Senate Judiciary Committee took up three bills. It passed Rep. Moraitakis' amendments to the appellate practice act, HB 322. However, it held SB 225, the amendments to the State's law on frivolous litigation. Finally, it held a hearing on SB 418, amending Article 2, Chapter 5 of Title 16 relating to assault and battery in order to provide for the crime of female genital mutilation. The Speaker's group on "Tort Reform" also met today. Reps. Bordeaux and Parrish announced that seven bills would be introduced with four relating to "tort" reform and three relating to "insurance" reform. As of late Thursday, those bills had not been printed. Groups hopeful for meaningful "tort reform" were not very excited about those bills proposed, especially given that no bill would be introduced on caps to non-economic damages. If you have any questions regarding this Report, please contact Stanley S. Jones, Jr., Jeffrey C. Baxter, or Helen Sloat. |
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