March 15, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          Today is the Thirty-Eighth Legislative Day!!!  The Senate members were extremely frustrated today.  Having a very lengthy calendar with more than 40 bills, it ended its Session around 5:00 p.m. after learning that the House had ended its day earlier.  Senators were upset that their bills were not moving through the House; thus, they opted to quit for the day.  Many corners of the Capitol had 'deals' being struck – bills were being dropped so as to have language added to other moving 'vehicles' in order to gain passage.  Lobbyists were also showing their wear and tear – many were fretting on bills being glued to other moving targets.  Thus, there was some scampering in the halls as efforts were made to watch the activity in both Chambers. 

Newly Introduced Legislation 

HB 926 – Rep. Kathy Ashe and others have introduced this bill amending Title 10 concerning commerce and trade in order to establish guidelines for the proper disposal of certain business documents containing personal information.  It also provides for civil liability.  Personal information includes: 

"(A) Personally identifiable data about a person's medical condition, if the data are not generally considered to be public knowledge;
(B) Personally identifiable data that contain a person's account or customer number, account balance, balance owing, credit balance, or credit limit, if the data relate to a person's account or transaction with a financial institution;
(C) Personally identifiable data provided by a person to a financial institution upon opening an account or applying for a loan or credit; and
(D) Personally identifiable data about a person's federal, state, or local tax return." 

Further, the bill states that "a financial institution, medical business, insurance company, or tax preparation business is liable to a person whose personal information is disposed" in a manner which is not appropriate – that is unless the entity: 

"(1) Shreds the record before the disposal of the record;
(2) Erases the personal information contained in the record before the disposal of the record;
(3) Modifies the record to make the personal information unreadable before the disposal of the record; or
(4) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the record for the period between the record's disposal and the record's destruction."

HB 927 – Rep. Pam Bohannon and others have introduced this bill amending O.C.G.A. § 40-5-6 relating to forms for making of anatomical gifts upon issuance or renewal of a person's driver's license in order to provide applicants for such issuance or renewal a choice of whether to limit their anatomical gifts to a for profit or not-for-profit entity.  The bill also proposes to amend O.C.G.A. § 44-5-145 relating to gifts made by will, donor card, or other instrument in an effort to provide that donors may limit their gifts to either a for-profit or a not-for-profit entity. 

HR 598- Rep. Mark Burkhalter must be mad at some lobbyists – this Resolution proposes to urge the Legislative Services Committee to restrict lobbyists to an area of the third floor of the Capitol so as to keep them away from the House and Senate Chambers.  The Resolution states in part: the "swarm of registered lobbyists in the vicinity of the House and Senate chambers is not only unseemly, but also it greatly impedes the freedom of movement of Representatives and Senators;… constituents and physically disabled persons find it difficult, if not impossible, to meet their elected Representative or Senator because they are unable to penetrate the gathered mass of lobbyists; … Representatives and Senators have missed important votes because they get caught up in the crush, which often resembles I-285 during rush hour…." 

Floor Activity 

The House worked on 15 bills as well as a number of agrees and disagrees on various bills in an effort to work on the changes to legislation which were made in the Senate.  The House passed two bills relating to domestic violence issues – SB 57 and SB 94.  SB 57 proposes to establish a registry, readily accessible to law enforcement officers, which would have information on protective orders, stalking, or other pertinent information on whether a person had a history of domestic violence.  Such information could be accessed by police or other law enforcement officers prior to entering a possibly volatile situation in a home, office, etc.  SB 94 removes the court fees associated with filing criminal charges or protective orders (in cases involving sexual assault, stalking, or domestic violence).  Both bills passed the house without any dissent. 

SB 53 concerning the proposed enactment of the "Fair Health Care Billing Act of 2001" also cleared the House. There were numerous rumors flying concerning this bill before it was up for debate – some of which held true.  Rep. Mary Squires attempted to amend Sen. Charles Walker's bill by adding language from her bill, HB 102, in an effort to alter the current law on "Uniform Deceptive Trade Practices Act" by inserting a new Code Section at O.C.G.A. § 10-1-372.1 which would state "any contract, or any renewal or amendment thereof, for the provision of health services by any hospital which is executed on or after July 1, 2001, and which interferes with or restricts the right of any insurer to contract with any other hospital for the provision of health services is against the public policy of this state and is void and unenforceable."  Approximately 40 House members supported this amendment; however, during the interim of when it was printed and placed on the desks, a number of hospitals which are members of the Georgia Alliance of Community Hospitals began calling legislators.  The Alliance did not support this amendment as it would directly impact one of its members, Northside Hospital, which has a number of exclusive arrangements with managed care entities thus locking out other hospitals from participating in certain areas.  Rep. Squires withdrew her amendment on the Floor.  SB 53 basically prohibits a practice done by physicians known as 'balanced billing.'  "Neither the physician nor a representative thereof shall intentionally collect or attempt to collect from an enrollee any obligations with respect to charges and fees for which the enrollee is not liable and neither such physician nor a representative thereof may maintain any action at law against such enrollee to collect any such obligations."  There were also rumors afloat that Rep. Nan Orrock's centralized credentialing of healthcare providers, HB 356, might be added to this bill.  Numerous assurances had been made that no such amendment would be allowed.  In the end, those assurances held.

An initiative concerning the Governor's plan on dealing with the metro area's water situation also cleared the House by a vote of163 to 3.  SR 142 will create a Joint Comprehensive Water Plan Study Committee and it also establishes a Water Plan Advisory Committee (made up of business, agricultural, environmental, scientific, and concerned citizens).  

SB 98, the initiative undertaken by Sen. Steve Thompson requiring health benefit plans to cover the costs of surveillance tests for women ages 35 and older who are at high risk for ovarian cancer, also passed out of the House with an amendment made on the Floor which would require that physicians give patients information about the tests.  These tests include the CA-125 serum tumor marker test, transvaginal ultrasound, and pelvic examination.  It has been argued that using these tests either individually or in combination will greatly increase early detection of this disease and increase a woman's chance for survival.  Rep. Pam Bohannon raised some issues about whether physicians actually provided information about the tests to patients.  Also, Rep. Nan Orrock noted that unfortunately passing this bill would not impact self-funded or ERISA plans; thus many women would still not be getting the required tests for early detection of the deadly disease.  Rep. Bobby Franklin also tried to amend the bill by not making this a mandate but rather an insurance offering.  The vote on this bill was 159 to 1. 

          One of the Governor's most coveted topics, open records–open meetings in State government, was also addressed on the House Floor.  SB 205, a privacy bill, came to the Floor by House Judiciary Committee Substitute.  In the end, the bill had more amendments.  The vote on the passage of the bill was 154 to 9.  Basically, SB 205 tries to tighten the protections for personal information which governmental agencies may have and prevent them from disclosing to others.  The current law protects a person's social security number; the bill also adds the mother's birth name, credit card, debit card, other financial information, bank account data, insurance or medical information, and if feasible, the person's date of birth.  There is an exemption which will allow news media to obtain information concerning the person's social security number and date of birth once a request has been received, but if the news media misuses that information, then stiff penalties may be applied.  Some of the amendments made certain that school teachers and public school employees would remain exempt from any open records act requests.  Further, another amendment tried to address concerns when a governmental employee inadvertently provided information, when he or she believed that the person obtaining the information had a legal basis for doing such, would then not be subject to punishment or penalties. 

          The Senate was also a happening place. The greatest amount of debate centered around the Governor's Education Bill, HB 656, an amendment to last year's Education Reform Act of 2000.  After a number of speeches, the bill finally passed out of the Senate.  Sen. Steve Thompson was later given 'kudos' by his fellow Senate Rules Committee members on his efforts with this bill. 

          The Senate also passed out two income tax credit bills for low-income housing.  Rep. Buck's bills, HB 460, requiring recapture only in the event of reduction of the qualified basis of a qualified project, and HB 509, which proposes to specify criteria which a tax assessor shall not consider in determining the fair market value of property for ad valorem tax purposes, were passed.  

          HB 780 relating to hotel-motel taxes and what can be done by counties and municipalities on excise taxes placed on the furnishing for value to the public of any rooms, lodgings, or accommodations, also passed out of the Senate.  Typically a rate of 3% may be levied; this would allow up to 6%.  This amendment is inserted at O.C.G.A. 48-13-51: 

"(3.4) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent.  A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and if such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for the purposes specified in subparagraphs(C) and (D) of this paragraph may be so expended in any otherwise lawful manner.  In addition to the amounts otherwise required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for promoting tourism, conventions, and trade shows. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities." 

          One of the bills being pushed by the Department of Community Health, HB 470, also passed out of the Senate today by a vote of 44 to zero.  The bill had an a Floor amendment which will allow Critical Access Hospitals' employees to participate in the State Health Benefit Plan.  This is an effort of helping reduce the numbers of uninsured.  HB 470, authored by Rep. Mickey Channell, contains a number of provisions: 

-         it would allow the Department of Community Health to be authorized "to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities;" and  to be "authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes;"

-         it amends O.C.G.A. § 31-8-153.1 concerning the Indigent Care Trust Fund money transferred so as to authorize the transfer to the trust fund those monies paid to the State by a healthcare facility as a monetary penalty for a violation of an agreement to provide a specified amount of clinical health services to indigent patients pursuant to a certificate of need held by such facility;

-         it allows Indigent Care Trust Fund dollars to be matched by funds from a public or charitable source;

-         it allows the Department of Community Health to hire the necessary staff for Composite State Board of Medical Examiners to conduct any examinations;

-         it requires that health benefit plans: "(1) Cooperate with the department in determining whether a person who is a recipient of medical assistance may be covered under that insurer's health benefit plan and eligible to receive benefits thereunder for the medical services for which that medical assistance was provided; (2) Accept the department's authorization for the provision of medical services on behalf of a recipient of medical assistance as the insurer's authorization for the provision of those services; and (3) Comply with the requirements of Code Section 33-24-59.5, regarding the timely payment of claims submitted by the department for medical services provided to a recipient of medical assistance and covered by the health benefit plan, subject to the payment to the department of interest as provided in that Code section for failure to comply;" and

-         it also proposes "subject to the availability of funds, the department is authorized to establish pilot projects to provide health care coverage and access to essential health care services or benefits to the uninsured and underinsured, including but not limited to pharmacy assistance programs." 

The Senate also passed out Rep. McBee's engrossed bill, HB 558, which provides sales tax exemptions for certain sales "of tangible personal property and services to a nonprofit organization, the primary function of which is the provision of services to mentally retarded persons, when such organization is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner." 

Rep. Nikki Randall's bill, HB 673, which would require nursing homes to provide fire protection by using smoke detectors in each patient's room, also passed by a vote of 52 to zero.  If a nursing home fails to install such, then that nursing home operator would be guilty of a misdemeanor.  Sen. Doug Haines handled the bill on the Senate side for Rep. Randall.  The Senate also addressed another piece of legislation concerning nursing homes in Georgia.  HR 275 passed by a vote of 49 to zero which urges the Department of Community Health "as part of its reimbursement methodology, to provide to nursing facilities up-front incentives and, where appropriate, pass-throughs to increase the number of staff above the current minimum requirements."  The Resolution also urges the Department "to provide incentives to assist such facilities to recruit, train, and retain appropriate direct care staff by the use of, among other inducements, enhancements to wages and benefits, and to provide grants to such facilities to institute the Wellspring model, the Eden alternative, or other such innovative models of management and service delivery as the department shall approve." 

HB 610 began to twinkle late yesterday.  This bill which would allow for a tax exemption for certain equipment used in the film production and digital broadcasting industry had a number of amendments made on the Senate Floor.  HB 610 was originally drawn to help attract more movie industry to Georgia by allowing those companies to have a one-time tax exemption for the purchase of equipment.  No replacement equipment or parts could apply for the exemption.  In the first amendment, offered by Sen. Donzella James, she added that sales of "tangible personal property or services to, and the purchase of tangible personal property or services by, any religious institution which has completed the Form 1023 process of the Internal Revenue Service and has been officially declared tax exempt under Section 501(c)(3) of the Internal Revenue Code through receipt of an official letter from the United States Department of Treasury."  An additional amendment was then made by Sen. Eric Johnson which provide for an exemption from the sales tax for certain clothing for a limited period of time:  "the sale of any clothing every year only during the period commencing at 12:01 A.M. on the first Friday in August, and concluding at midnight on the third Sunday in August."  This exemption would not apply to the sales of the following: 1) jewelry, cosmetics, eyewear, wallets, watches; 2) an item on layaway or similar deferred payment and delivery plan; 3) rental of clothing or footwear; or 4) sale or lease of an item for use in a trade or business.  Many lobbyists were scurrying about to determine the impact of this legislation.  The costs associated with this could be enormous.  In approving these amendments, it was noted that it was hard to vote against churches.  Sen. Robert Brown did take the Well and encouraged his fellow Senators that this underlying bill, HB 610, was an important issue and one which had been debated in the Economic Development Subcommittee and the Senate should not add additional legislation onto this important measure which possibly draw more industry to Georgia. 

Committee Activity 

          The House and Senate Rules Committees met today.  Both set extremely long calendars for the Thirty-Ninth Day.  Also, in the House Rules Committee meeting, it struggled with an substitute for video poker legislation. 

          The House Judiciary Committee met this afternoon and discussed SB 214.  This bill has raised the eyebrows of many.  As a result, Chairman Jim Martin announced that perhaps this issue should be studied over the interim.  It proposes to amend Chapter 1 of Title 10 to create the "Georgia Database Protection and Economic Development Act of 2001."  The legislation deals with commercialization of a database and who may sell such database. 

Other News 

          In discussing a bill on the Floor today, Rep. Mickey Channell announced that he will be bringing forth an insurance mandate next week whereby all health insurance plans would have to provide coverage for colon cancer. 

          The Budget Conferees will begin work on the negotiations of the FY 2002 Budget tomorrow morning and are expected to work through the weekend to hammer out the final details. 

          Meanwhile, the parades for the celebration of St. Patrick's Day will go forward.   Many Legislators were expecting to make the trek to Savannah to enjoy the festivities. 

          Monday's calendars are huge – day Thirty-Nine will be a very long one for both the House and Senate.  The Senate has more than 60 bills on its agenda.  It is rumored that the General Assembly will stand in recess on Tuesday to work through the issues assigned to the various Conference Committees where bills were not agreed upon. 

          In other news, Legislators are already beginning to discuss the Special Session which will be held in August to deal with the issues surrounding reapportionment.  Many have commented that the topic is hot; the weather will be hot; thus, the Capitol will be hot.