February 6, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          Today, the House and Senate were in recess.  Many legislators planned to attend the funeral of the Honorable Harold Mann of Dalton, Georgia. 

Floor Activity (from February 5) 

          In the House yesterday, HB 158, authored by Rep. Connell and Rep. Buck, passed out of the House.  This bill would amend current law at Article 4 of Chapter 7 of Title 31 concerning the Hospital Authorities Law.  It provides an exemption from open records and open meetings requirements to a nonprofit corporation in its operation of a hospital or other medical facility for the benefit of a governmental entity in Georgia under Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50.  The nonprofit would not have to disclose or make public any potentially commercially valuable plan, proposal, or strategy which may be a competitive advantage in the operation of the corporation or authority or its medical facilities and which has not been made public.  There is also provision for the termination of this exemption – at such time as such plan, proposal, or hospital authority has either rejected or accepted such. 

          The House voted out HB 65 with a Floor Substitute (basically returning the bill back to its original form after the Committee had amended it).  HB 65, authored by Speaker Murphy and others, proposes to amend O.C.G.A. § 50-18-72, which pertains to public disclosures and when such should not be required, by adding a new exemption at paragraph (13) of subsection (a) to be known as (13.1): 

“Records that reveal the home address, the home telephone number, or the social security number of or insurance or medical information about teachers and employees of a public school.  For the purposes of this paragraph, the term ‘public school’ means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education.” 

Newly Introduced Legislation 

SB 98 – Sen. Thompson’s bill pertaining to the requirement of health benefit policy coverage for surveillance tests for women at risk for ovarian cancer has now been forwarded to the Senate Insurance and Labor Committee. 

SB 102 – Sen. Hecht and others have offered this bill amending Chapter 13 of Title 16, Chapter 4 of Title 26, Article 8 of Chapter 7 of Title 31, and Chapter 39 of Title 43 concerning authorization of psychologists to prescribe drugs in certain circumstances.  The bill has now been sent to the Senate Health and Human Services Committee. 

SR 86 – This resolution was introduced by Sen. Burton and others proposing an amendment to the Constitution to provide for a program of indemnification for any emergency medical service pilot, transport nurse, technician, paramedic, or communications specialist who is employed by a nonprofit corporation or association and who, on or after January 1, 2003, is killed or permanently disabled in the line of duty while at the scene of an emergency or transporting a patient in need of medical care to a medical facility or returning therefrom and to provide that funds may be appropriated and insurance purchased for such.  This resolution has now been assigned to the Public Safety Committee. 

HB 360 – Rep. Manning’s bill to provide for voluntary relinquishment of newborns to medical facilities and their employees has now been assigned to the House Judiciary Committee. 

HB 369 – Rep. Watson and others’ bill which amends Title 5 concerning procedures for new trials relating to extraordinary motions based on newly discovered evidence pertaining to the paternity of a child, has now been forwarded to the House Special Judiciary Committee. 

HB 381 – Rep. Sims and others have introduced this amendment to Chapter 3 of Title 37 concerning examinations, treatment, and care for mental illness in order to change the provisions concerning emergency admissions based on a physician’s certification or court order.  This bill has now been forwarded to the House Health and Ecology Committee for study. 

HB 382 – Rep. Williams and others have provided this amendment to Chapter 11 of Title 15 concerning juvenile proceedings, parental rights, and mental incompetency and dependency.  This would change the jurisdiction of the juvenile court to include certain children under the age of 18.  This has been forwarded to the House Judiciary Committee. 

HB 383 – Rep. Hudson has offered this amendment pertaining to the number of physician’s assistants that can be licensed to a physician.  This changes the number from two to four under certain conditions.  It now makes its way to the House Health and Ecology Committee. 

HB 390 – Rep. Mueller and others have authored this bill which proposes to amend O.C.G.A. § 48-8-3 concerning exemptions from state sales and use taxes.  It would allow for an exemption with respect to sales by certain nonprofit humane societies for animals.  This bill has now been referred to the House Committee on Ways and Means. 

Committee Activity 

          The House Appropriations Committee’s Subcommittee on Human Development met today to discuss various items in the FY 2002 Budget.  The Subcommittee went through various items and discussed areas where the Subcommittee had questions or needed additional information.  No action on the proposals under consideration was taken on inclusion of items in the Budget.  The Subcommittee decided to have another meeting in which to discuss various issues.  Some of the areas which the Subcommittee discussed included additional money for institutional foster care (providing for an increase in reimbursement of up to 5% even though the Governor’s recommendations provide for only a 4% increase), money for the Georgia Council for the Hearing Impaired ( a request of more than $149,000), money for books for babies born in Georgia (Rep. Buckner was questioning whether such program should be provided for all Georgians or just those who were needy or at risk), and $50 million for mental health needs of children (this is an effort to raise the awareness of the needs of children with mental illness which are double in number of those children with substance abuse issues and to hopefully offer assistance before those children get into a situation where the State must provide for them through the Dept. of Juvenile Justice system). 

          The House Insurance Committee also met this morning.  HB 352, authored by Chairman Jimmy Lord, which follows the new federal law requirements concerning licensing of insurance agents, passed out of Committee without any amendments.  The bill had been engrossed in the House on February 2, 2001.  The Chairman is carrying this legislation for the Department of Insurance.  The bill amends current law at Chapter 23 of Title 33 of the Official Code of Georgia, relating to licensing of agents, agencies, subagents, counselors, and adjusters.  New definitions are proposed in the bill.  It also proposes to provide for licenses for resident and nonresident insurance agents, subagents, surplus lines brokers, counselors, and adjusters and to specify the circumstances under which such persons may be licensed.  There are also new proposals for licensure procedures and to require annual reports from insurance agencies.  There are also exceptions to licensure requirements and authority proposed for the Commissioner of Insurance to promulgate rules and regulations with regard to the licensing of insurance agents, subagents, counselors, and adjusters.  The bill also addresses the issue of reinstatement of licenses in certain circumstances and requirements of bonds of certain licensees.  It further proposes the contents of applications for licenses as well as proposals for the provision for the appointment of agents by insurers and the requirement of insurers to report the termination of appointments and the basis therefor in certain circumstances.  It would also allow for temporary licenses under certain circumstances and outlines provisions for the renewal of licenses, to allow for staggered deadlines, and to authorize sanctions for those persons who fail to renew their licenses as required by law.  There is also allowances for inactive licenses and the revocation of such licenses as well as provisions for the suspension of licenses and the effect of such suspension on rights arising under contract prior to the suspension.  Grounds for refusal, suspension, and revocation of licenses are also included.  The bill also proposes to require notification of change of place of business to the Commissioner of Insurance by licensees as well as the provision for the filing and renewal of certificates of authority and the termination thereof.  The bill now moves to the House General Calendar. 

          In other news, former Secretary of Education, the Honorable Dick Riley, met with Governor Barnes and much of the Governor’s policy staff today to discuss various issues.  Sec. Riley expressed his admiration to Governor Barnes on his handling of the State flag issue.  He also remarked on the passion displayed by Sen. Charlie Tanksley in his speech before the Senate vote on HB 16.  The Governor and Sec. Riley also discussed ideas pertaining to educating Georgia’s children.  Sec. Riley will be returning to the law firm of Nelson Mullins Riley & Scarborough and working out of both its South Carolina and Georgia offices. 

          Tomorrow, the House will take up HB 156, the Patient's Right to Know Act of 2001, a bill authored by Rep. Larry Walker.  It is presumed that some additional ‘tweaking’ of the bill will be done in an effort to clean up the bill before it moves to the Senate.  The House will also take up HB 174 dealing with the Supplemental Appropriations legislation for FY 2000-2001. 

          Committees will resume their schedules tomorrow as it will be day Sixteen of the Session.