March 1, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

March 1, 2004 

          March came in like a lamb today so by the close of the Session, it will be roaring like a lion!  The biggest news was that the advocates on both sides of SR 595, Sen. Crotts' Constitutional Amendment which would ban gay marriage, were all around the Capitol, grounds, and Legislative Office Building.  Security lines were long and the House Gallery was packed so that advocates could either reach their respective Legislators or watch action being taken on the Resolution on the House Floor.  In all, action was anticlimactic as no actual vote was taken on the Resolution.  Late this afternoon, the House, on a motion by Rep. Hembree, decided to reconsider its actions taken on the Resolution on Thursday of last week.  The vote to reconsider was 127 to 48; the House did not, however, reconsider the bill today as it will be placed back on the General Calendar. 

Floor News 

          In other House action taken today, here are a few highlights: 

          Rep. Oliver presented HB 1321, an amendment which would repeal the County Commission's authority to veto annexation efforts.  Rep. Richardson opposed the bill as he apparently has another bill on annexation issues.  Rep. Richardson noted that annexation was sometimes very good but sometimes could be bad for areas.  In growth areas, this is common.  The problem arises when cities annex areas which are zoned.  Rep. Oliver introduced the bill to address an issue arising in DeKalb County.  According to Rep. Richardson, the city and county associations, GMA and ACCG, are working on language.  Rep. Oliver inquired if Rep. Richardson's bill dealt with an issue in Paulding Co.; he said that it was designed to help all areas of the State.  Rep. Stuckey Benfield rose in support of Rep. Oliver and asked that the House vote in favor of the bill.  It passed without amendments by a vote of 135 to 31. 

          Rep. Amerson presented what he touted as the most important bill this Session to the House.  HB 1588 amends the Legislative License Plates (specialty plates) which have been issued for 2004.  Apparently, many Legislators did not like the new 2004 tag so he drafted a piece of legislation which describes the tag.  The House adopted the Committee Substitute and passed the bill by a vote of 160 to 6. 

          HB 1263 was presented by Rep. Golick to address insurance cancellations and renewals of property insurance found by the Dept. of Insurance to be problematic.  The bill defines in O.C.G.A. § 33-24-46 what a "claim against a policy" means: "contact with an insurer by the insured under the policy or an affected third party for the express purpose of seeking payment of proceeds under the terms of the policy in question.  A report of loss or a question relating to coverage shall not independently establish a claim against a policy nor be considered as a claim under Article 2 of Chapter 6 of this title."  This will help codify a directive previously issued by the Dept. of Insurance; no changes were made to the Committee Substitute which was adopted.  The bill passed by a vote of 171 to zero. 

          HB 1519 by Rep. Porter also cleared the House today without objections.  This is Rep. Porter's "Common Sense Consumption Act."  It basically is to hold an individual responsible for their own actions.  Rep. Porter stated this was a "tort reform" bill and apart of the package which had been introduced in the House.  It is a policy decision to help stem frivolous claims from being filed. 

          HB 1326 was also on the House Floor.  This legislation, presented by Committee Substitute, deals with an issue which came about with privatization of contracts at a youth development center.  Privatization of contracts requires notice and would apply to those contracts in excess of $1 million; there would be a bidding process involved.  The bill in O.C.G.A. § 50-4-5 adds language for a new subsection (d)"(1) The provisions of this Code section shall be mandatory and binding with respect to its subject matter. Any contract entered into in violation of this Code section shall be void in its entirety. The only exceptions to this Code section shall be the exception specified in subsection (c) and an emergency exception as provided in this subsection. (2) The emergency exception specified in this subsection shall apply only if there exists an imminent peril to person or property which can be avoided only through noncompliance with this Code section; and in order for this exception to apply the Governor must by executive order make a prior written finding to such effect. Such executive order shall recite with particularity the specific facts of such imminent peril, such as, for example: (A) a specific substantial likelihood that specific persons will suffer adverse risks to their health or physical safety if the contract is not entered into without compliance; or (B) a specific substantial likelihood that specific property of the state or specific persons will be damaged or lost if the contract is not entered into without compliance."  This bill passed by a vote of 169 to 1 without additional changes. 

          Rep. Debbie Buckner's bill, HB 1068, received the most debate.  Rep. Buckner presented the bill to require that a new school must have access to two roads when its site was being considered.  This site was to be reviewed and approved by the State's Dept. of Transportation.  A Floor Substitute was adopted with a two amendments and the bill passed by a vote of 165 to 64.  Those opposed to the bill stated that they did not think that the Dept. of Transportation needed to be involved in county matters; Rep. Buckner countered that the Dept. of Transportation was chosen to review the sites and approve the new school locations due to its expertise.  She introduced the bill to help the safety of children – especially in times when there might be an emergency such as a natural disaster and the school would need to be vacated, etc.  Rep. Douglas claimed that Rep. Buckner was proposing that the local schools be micro-managed by the General Assembly. 

          HB 1277 by Rep. Drenner, which proposes to deal with a Metro Water Planning Conservation Plans issue involving installation of irrigation systems, passed after being postponed.  A Floor Substitute was presented so that landscape rain sensors would override the irrigation system's cycle if there had been rain.  This would apply to installations after January 1, 2005.   Some of these rain sensors would be free; the bill would apply to the 16-county metro area of Atlanta.  After some discussion and a couple of amendments, the bill passed by a vote of142 to 31. 

          Rep. Bob Holmes offered his Resolution which urges that there be a uniform grading system across the state for grades K-12.  Apparently, in a Study Committee on HOPE, it was found that there were twenty-five different grading systems used.  This apparently makes it difficult to equalize and provide fairness for applicants to HOPE.  His Resolution was adopted by a vote of 166 to 4. 

          Rep. Michele Henson presented HR 701 which is to raise awareness of the problems with Hepatitis C.  It also directs the Division of Public Health to determine ways to prevent the disease.  Rep. Bobby Franklin offered an amendment in an effort to quarantine persons with the disease.  Rep. Buddy Childers, the Chair of the House Committee which heard the Resolution, rose and asked the House not to vote for an amendment to add the quarantine language.  Rep. Franklin's amendment failed by a vote of 28 to 130.  The Committee Substitute on the Resolution passed by a vote of 164 to 3. 

          Rep. Michele Henson also had a bill dealing with the Stone Mountain Memorial Association.  The bill, HB 1014, amends the membership requirements for the Association and adds that one person must have a degree in botany and an individual must live in the area.  This measure passed by a vote of 173 to zero. 

Committee News 

          The Senate Health and Human Services Committee has reported out SB 422 with an amendment.  This is the bill which proposes Assisted Living Facilities be a new category of healthcare facilities in Title 31. 

          The Senate Public Safety and Homeland Security Committee has released a Substitute to HB 217 amending Part 4 of Article 1 of Chapter 8 of Title 40 relating to child restraint devices.  This moves the age from four years to seven years so that every child under seven must be restrained in a passenger automobile, van, or pickup truck other than a taxicab or a public transit vehicle defined in O.C.G.A. § 16-5-20. 

The House Committee on Governmental Affairs has reported out a Substitute on HB 1028 which is a proposal to create the Georgia Hospital Insurance Authority so that "medical facilities" which are defined as "hospitals in this State having less than 200 licensed beds and its credentialed physicians and where such hospital, as of January 1, 2004, did not participate in a captive or self-insurance trust program established for liability insurance purposes."  Originally, the bill was much broader and would have applied to all medical facilities defined in Title 31, Chapter 7.  This narrows the proposal so that bonds may be issued and sold to help these smaller hospitals and their physicians get access to medical malpractice insurance coverage.  HB 1280 was also reported out of the House Committee on Governmental Affairs.  This bill amends the minimum fee for coroners' compensation on a fee basis or a combination fee and salary basis.  This will likely be considered an "unfunded" mandate on counties:  

O.C.G.A. § 45-16-12.  (a) In any county in this state which utilizes a fee system of compensating the coroner, or a combination fee and salary system, the fee paid by the county governing authority to the coroner shall be no less than $145.00. (b) In any county in this state in which the coroner receives an annual salary, or a combination fee and salary system, the annual salary paid to each coroner by each such county's governing authority shall be increased by $2,000.00.  Such increase in annual salary shall be payable from the funds of the county. (c) The governing authority of each county shall provide and expend county funds for the provision of employment benefits for the coroner which are identical to those provided for full-time county employees. 

This language could also cause problems for HB 357 which would require hospitals and nursing homes and the like to report any suspicious deaths when such have taken place within 30 days of seeing a healthcare provider such as a hospital visit, physician visit, home health visit, etc.  Once reported, these deaths would be investigated by the coroners which could be costly.  The Committee on Governmental Affairs also reported out a substitute on HB 1200 which amends Chapter 1 of Title 50 to provide for neutrality of State law with respect to contractual freedom of decision to provide or not provide certain benefits to unmarried persons.  This same Committee also reported out a substitute on HB 656 which adds a new paragraph O.C.G.A. § 10-1-393 (29)(D) to require that consumer reporting agencies must notify consumers when a person responds by mail to an unsolicited application for credit and provides an address which is different from the address to which such solicitation was mailed: 

D)(i) Each credit grantor must notify, within 30 days of such credit inquiry, all consumers who respond by mail to unsolicited applications of credit when such application has an address that is different than the address to which such solicitation has been mailed.  Notification shall be mailed to the original address only and not to the new address.  The cost of such notification shall be borne by the credit grantor and may be charged to the borrower in the credit application fee only if notification is provided.
(ii) Notification shall not be required if the consumer has a current business relationship with the credit grantor, provided that the address change has been verified by the credit grantor.  As used in this subparagraph, the term 'business relationship' means information contained in the files maintained by the credit grantor on the consumer that shows the consumer has an existing or former account with the credit grantor. 

          In an early morning House Insurance Subcommittee meeting on "Consumer Choice of Benefits," this Subcommittee passed out a substitute to HB 806 and HB 1302.  The two bills were combined and will "travel" now as HB 1302.  Rep. Lunsford presented the bill's details which would allow an employer with fifteen on fewer employees, who offers an insurance policy with the insurance mandates, to also offer a catastrophic health benefit plan.  Such plan would cover hospitalization costs and not routine costs such as birth control, pap smears, colorectal cancer screenings, etc.  The bill does not eliminate mandates in State law.   

          The Senate Finance Committee also met this morning.  It passed out SR 678, which is a Constitutional Amendment concerning how the proceeds of lottery dollars are used for HOPE.  Originally, HOPE monies were used for capital outlay projects such as the Georgia Public Television building.  This would eliminate those monies from being used for capital outlay projects.  Sen. Hamrick, the Resolution's author, stated that the State is already not using the monies for such types of projects.  This Resolution would make the law clear on such.  This Committee also heard from Sen. Tolleson on a Committee Report to SB 300 on the counties' uniform Sunday alcohol sales.  His Report reflected that this Committee did not need to take further action on the bill at this time. 

          The House Judiciary Committee held a meeting today.  It passed out HB 1450 which makes an amendment in Title 38 with some amendments.  This bill adds provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation which will interfere with a citizen's, litigant's, State official's, or other person's ability to comply with court deadlines.  It allows various court's chief judges to declare such emergency under defined circumstances.  It also outlines what is to be contained in the order; how long it will last; how to appeal a judicial emergency order; etc.  This Committee was also  to hear HB 1019, the Sunshine in Litigation Act by Rep. Oliver.  HB 1019 was held and a meeting will be held on that bill on March 2.  Apparently, groups are working out various exemptions as to when records would be disclosed involving settlements with the county governing authorities. 

          The Senate Health and Human Services Committee met this afternoon but did not take action on Sen. Levetan's bill, SB 468, which would help hospitals with the rising costs of non-resident indigent defendants who they treat.  It would require that the county where the resident resides to pick up those costs.  Due to a lack of quorum, no vote was taken.  The county association, ACCG, was apparently not present at the meeting. 

          The Senate Judiciary Committee also met this afternoon.  It had several bills on its calendar.  It passed out SB 297 which deals with charges for a person who is fleeing from police.  The bill outlines what the misdemeanor charge would be in certain instances as long as five conditions were met.  The Committee passed out a Committee Substitute on this issue.   Sen. Balfour presented SB 512 which is a change to the indigent defense delivery system.  SB 512 was originally introduced to help Cobb and Gwinnett Counties with their systems to exempt them from the current law's requirements.  The bill passed without additional changes.  HB 1358 was presented by Rep. Martin to help clarify when public records can be disclosed when they involve children ages twelve and under.  Apparently, this would apply to recreational records which may contain personal identifying information.  There was some discussion as to why the bill did not also include social security numbers as being among the things disclosed; this, per Sen. Tanksley, is addressed elsewhere in the Code and that no social security numbers may be disclosed to anyone.  This bill also passed.  Finally, the Committee held a hearing on Sen. Harp's SB 518 which proposes to add the Federal Rule 68 regarding "offer of settlements" into the Civil Practice Act.  Sen. Harp explained that he is also working on another bill which includes Rule 68 but also would require mediation and would require the loser to pay.  This mediation would be conducted within 60 to 90 days of the last defensive pleading to be filed.  Any dollars discussed would be the "offer of settlement."  He cited that medical malpractice actions were taking too long and this might help shorten the time.  He also stated that most Plaintiffs' attorneys were ready for trial at the time of filing their cases.  There was testimony by the Georgia Trial Lawyers Association, Michael Sullivan, opposing the concepts.  Mr. Sullivan cited that the thoughts on allowing the system to work both ways had been attempted in 1998 and had failed.  Mr. Sullivan also raised concern about opening the Civil Practice Act to other "germane" amendments (not mentioning the tort reform words).  He also stated that there were concerns about attorneys' fees being included.  In the Federal Rule 68, it does not include attorneys' fees (but things such as filing costs, court reporter fees, expert witness fees, etc.).  Mr. Sullivan claimed that the new proposal would be harmful to individuals and small businesses.  Sen. Adelman inquired about whether the Committee should consider placing a limit or cap on attorneys' fees to be paid under such.  Mr. Sullivan agreed that would perhaps be helpful.  Sen. Harp stated that he was willing to listen to such language ideas.  Sen. Tanksley stated that he had concerns about a Rule 11 approach.  Sen. Harp claimed that the reason for the bill is so that public will know that Legislators are doing something about frivolous lawsuits which are being filed.   Other ideas discussed were to have these mediations conducted after the close of discovery; after the filing of the answer, however, would be more cost effective as the discovery process is what is most expensive about pursuing a case.  

New Legislation 

HB 1642 – Rep. Smith has proposed a change to O.C.G.A. § 48-8-3 by adding a new subparagraph (78) to allow an additional exemption from sales taxes the sales of personal items from the liquidation of the estate of a deceased person. 

HB 1647 – Rep. Snow and colleagues have co-authored this bill amending O.C.G.A. § 44-2-14.1 to provide for additional requirements for the recording of deeds conveying title to real property on and after July 1, 2004.  It will no longer be accepted for filing by the Superior Court Clerk unless it has: 1) deed book and page number of the deed or instrument in which the grantor acquired title; 2) map and parcel number, district, land lot, and block of the real property; and 3) grantee's complete name, street mailing address, city, state and Zip code. 

HB 1648 – Rep. Jackson has proposed this amendment to O.C.G.A. § 15-19-32 to repeal provisions relating to the option of a jury trial prior to a final order or disbarment relating to a person who is a Member of the State Bar of Georgia. 

HB 1649 – Rep. Royal has introduced another bill dealing with expert witnesses.  This amends O.C.G.A. § 24-9-67 and provides for standards in admitting expert testimony in professional malpractice actions.  It follows the Daubert standard. 

HB 1653 – Rep. Smith and others have proposed amending Chapter 5 of Title 30 to change provisions relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons.  It also proposes the creation of the Georgia Commission on Hard of Hearing and establishes membership requirements for that seven-person Commission (which would assist hard of hearing persons and parents of hard of hearing students in advocating for equal access to services, programs and opportunities; advise the Governor and General Assembly, Commissioner of Dept. of Human Resources and Commissioner of Dept. of Community Health on the development of policies, programs, and services affecting hard of hearing persons and on use of federal and state monies; etc.). 

HB 1654 – Rep. Powell and others have offered an amendment to O.C.G.A. § 50-3-1 to provide for the protection of privately owned monuments honoring past or present military personnel.  This adds penalties for any person, firm, corporation, or other entity acting without authority to mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal or obscure any privately owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of Georgia, the United States or the Confederate State of America.   A person or entity which suffers injuries from such may bring an action against those persons and seek injunctive relief and recover general and exemplary damages sustained. 

HB 1657 – Reps. Boggs, Bordeaux, and Campbell have co-authored this initiative to amend Article 5 of Chapter 12 of Title 15.  Among its proposals include changes to provisions for challenges to jurors for cause in civil matters.  There are additional changes for questions on voir dire and setting aside jurors for cause.  However, most of the bill's provisions relate to how jurors are selected in criminal cases.  One of the new objections to a juror in O.C.G.A. § 15-12-163(b) is a new subparagraph (7) which states that "if the juror has been involved in a confidential relationship with the defendant or with attorneys employed by the prosecuting attorney's office to the extent that admissions and communications between them would be excluded on grounds of public policy as recognized in Code Section 24-9-21; 24-9-22 or 24-9-24" then that objection may be made (others include things such as the juror is not a resident of the county; the juror is less than 18 years of age, etc.).  It also amends the law governing the manner of selecting alternate jurors in O.C.G.A. § 15-12-169 to allow that the number of alternative jurors shall be determined by the court. 

HR 1421 – Rep. Ashe has authored this Constitutional Amendment to authorize counties and municipal corporations having an established "entertainment district" to authorize pari-mutuel betting and casino gambling.  It would require a voter referendum on this issue and proposes to authorize the state and local taxation of the proceeds of such activity.  Such proceeds would be used solely for public safety and improvements to infrastructure.  Such Amendment would be in Article I, Section II, Paragraph VIII(e). 

HR 1424 – Rep. Bannister and others have proposed this Resolution which is "memorializing Congress to prohibit federal courts from ordering or instructing any state or political subdivision thereof to levy or increase taxes." 

HR 1425 – Rep. Mosley and colleagues have authored this proposed Constitutional Amendment for Article III, Section IX, Paragraph VI with a new subparagraph (n) to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Response Trust Fund from which funds will be disbursed as provided by law to protect the health and safety and the environment from the release of contaminants and hazardous substances.  Funds would be designated from resources designated by the General Assembly. 

HR 1439 – Rep. Orrock and others have proposed this Resolution designating March 4, 2004 as "Equal Pay Day" in Georgia.  This is in response to consequences suffered by women and people of color regarding inequitable pay differentials. 

HR 1442 – Rep. Powell and others have offered this Resolution to designate April of each year as "Confederate History and Heritage Month."  It also proposes that the State's Flag flown from 1956 to 2001 be flown over the Capitol on Confederate Memorial Day and Robert E. Lee's Birthday.  This Resolution is to help put to rest the fears relating to the vote on the State's flag. 

SB 575 – Sens. Kemp, Thomas, and Gillis have proposed an amendment to Chapter 5 of Title 48 to change provisions regarding homestead exemption applications in ad valorem taxation of property.  Currently, an applicant seeking an exemption must do so on or before June 1 or in all counties providing for the collection and payment of ad valorem taxes in installments on or before May 1, or such different date as may be established by local Act.  This would allow the applications to be done at any time during the calendar year.  Failure to file properly the application and schedule on or before February 1 of a calendar year shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year. 

SB 576 – Sen. Preston Smith and others have proposed a change to O.C.G.A. § 9-10-31; O.C.G.A. 24-9-67; and Chapter 12 of Title 51 concerning actions against co-defendants in different counties; opinions of expert witnesses and damages in tort actions.  It also proposes revisions relating to venue involving joint or joint and several tortfeasors.  Some of the bill's specifics include a change in O.C.G.A. § 9-10-31 so that "joint or joint and several tortfeasors, obligors, or promissors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in the county in which one or more of the defendants who are joint tortfeasors, obligors, or promissors, or joint contractors or copartners reside."  In O.C.G.A. § 24-9-67, it totally rewrites when expert witnesses' testimony is admissible.  It defines "professional malpractice action" as "an action involving any profession listed in Code Section 9-11-9.1, including, but not limited to, medical malpractice actions as defined in Code Section 9-3-70."  It follows the Daubert standard. 

SR 841 – Sen. Bulloch and others have announced this commendation for the Georgia Peanut Industry.  It proposes recognizing March 10, 2004 as Peanut Butter and Jelly Day at the Capitol. 

SR 847 – Sen. Hill and others have offered this Resolution acknowledging the contributions of Georgia's senior citizens.  The Resolution proposes to establish the week of March 1-5 as Senior Week at the Capitol. 

Other News 

          The Boy Scouts will be at the Capitol on Tuesday.   

          We have learned that it is not likely that HB 1038, the bill concerning the high-risk insurance pool, which proposes that those uninsured Georgians who are not getting health insurance due to some bad health condition, is likely not to pass.  HB 1038, which garnered support in the House Insurance Subcommittee, is now having a hard time with the full Insurance Committee.  Apparently, there will be amendments offered on the bill which will likely be fought by both insurers and agents writing policies. 

          The Coalition for Justice is still working on various tort reform initiatives.  After surviving a public thrashing for its media ads placed in "targeted" areas, it is softening its approach and working on consensus building.  While the ads were written more in an informative way about the issue relating to medical malpractice and how that is impacting access to healthcare, a number of House Members took offense to the ads.

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

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