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March 19, 2001 For more information contact: 404-817-6133 404-817-6247 404-817-6170 |
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This marked the 39th day of the 2001 Session – it was a very
long day. Both the House and Senate
worked late in an effort to address as many bills as possible.
The Senate also tabled some of its bills so it could address them on
Wednesday. The General Assembly
will stand in recess tomorrow so that conference committees may meet and the
Clerk of the House and Secretary of the Senate may gather status information on
various bills. Floor Activity
The House had a number of bills on its calendar.
SB 130, which would create the Metropolitan North Georgia Water Planning
District, was debated long and hard. Prior
to this bill being debated, Legislators argued over the length of time each
speaker could take in the Well. At
one point many in the halls thought that the Representatives might drown or need
an ark by the time the issue was completed!
In the end, the House passed this bill so as to create this District and
a Governing Board which would serve as a planning entity to establish policy,
plans, and promote intergovernmental coordination on all water issues in the
District. The District would
develop and have final authority over any storm water management plan,
wastewater management plan, or water supply and conservation plan.
There will also be advisory councils for the various river basins
(Chattahoochee, Etowah, Flint, Oconee, and Ocumulgee) as well as the Lake Lanier
basin. There were numerous
amendments posed; two passed. One
will allow for environmental training of local elected officials and other
personnel on ways in which to minimize non-point source pollution to the
waterways. The bill finally passed
by a vote of 145 to 26.
The House also passed out SB 213, the Secretary of State’s concern over
elections, primaries, and voting, so as to have some comprehensive revisions as
well as create a Twenty-First Century Voting Commission in an effort to review
equipment used in elections. SB 213
passed by a vote of 164 to 1.
Sen. Tanksley’s bill concerning Medical Records and the release and
handling of patient records also passed out of the House today by a vote of 166
to zero. SB 210 came to the House
Floor in a House Judiciary Committee Substitute but was then revised again with
amendments. Rep. Jim Martin
presented the bill and Rep. Reichert amended the bill’s language.
The bill also deals with the privacy regulations in place and when
subpoenas must be required. SB 210
was introduced to address concerns raised by the Georgia Supreme Court in King
v. State. At the end of the
evening, lobbyists were still trying to determine the impact of the new version
of this bill. SB 132 was also on the House
calendar. SB 132 addresses EMS
technicians, paramedics, and cardiac technicians regulations.
Specifically, it would transfer the certification and re-certification of
these persons from the Composite State Board of Medical Examiners to the
Department of Human Resources as found in Chapter 11 of Title 31.
The bill passed by a vote of 171 to zero. SB 50, was also passed by the
House by a vote of 161 to zero. It
came to the House Floor by Committee Substitute.
The bill specifically states that Superior Court Clerks are: “To electronically collect and
transmit to the Georgia Superior Court Clerks´ Cooperative Authority all data
elements required in subsection (g) of Code Section 35-3-36 in a form and format
required by the Superior Court Clerks’ Cooperative Authority and the Council
of Superior Court Clerks of Georgia. The electronic collection and transmission
of data shall begin no later than January 1, 2002. The data transmitted to the
authority pursuant to this Code section shall be transmitted to the Georgia
Crime Information Center in satisfaction of the clerk’s duties under
subsection (g) of Code Section 35-3-36. Public access to said data shall remain
the responsibility of the Georgia Crime Information Center. No release of
collected data shall be made by or through the authority.”
Further, it amends O.C.G.A. § 15-6-62: “The clerk of the superior court
is required to record all the proceedings relating to any civil action or
criminal case within six months after the final determination of the case. Such
recording may be in well-bound books, on microfilm, or in digital format. If a
clerk elects to record proceedings on microfilm or in digital format, he or she
shall make available to the public a machine for reading and reproducing such
microfilmed or digitally formatted records. If a clerk elects to record
proceedings in digital format, the provisions of Code Section 15-6-62.1 shall
apply.” The House also had a number of
bills on its list of ‘agrees and disagrees’ in order to determine the
acceptance of various changes to legislation.
Some of these items included: HB 470 – This was the Department
of Community Health’s bill carried by Rep. Mickey Channell. The bill has 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." As HB 470 passed out of the
Senate, an amendment was added so that Critical Access Hospitals could
participate in the State’s health insurance plan.
The House agreed to the Senate’s action by a vote of 164 to zero. HB 601 – This bill was authored
by Rep. Charlie Smith and would amend O.C.G.A. § 45-12-93 concerning the
State’s revenue shortfall. Specifically,
it states: “(a) As of June 30 of each
fiscal year, the state auditor shall reserve from the state surplus an amount
equal to not less than 3 nor more than 5 percent, as directed by the director of
the budget, of the net revenue collections of such fiscal year, to the extent
that such surplus is available therefor. This reserve shall be entitled the
revenue shortfall reserve and shall be in lieu of the working reserve for
high-income and low-income periods; provided, however, that the director of the
budget may, with regard to all or any part of the fourth and fifth percentile so
reserved, direct the return of the same to the general fund of the state
treasury for appropriation according to law.”
Previously, it allowed the surplus to be an amount equal to not less than
3 nor more than 4%. The Budget
Director can direct any amount between the fourth and fifth percentile reserved
to be returned to the State’s general treasury fund. The House agreed with the
Senate’s amendment by a vote of 135 to 23.
The House re-committed SR 134 to the House Rules Committee. Prior to going to the Rules Committee, it only proposed to
create one study committee for the Joint Study Committee on the Prevention and
Emergency Care of Injuries in Georgia. The
Rules Committee attached two additional joint study committees so the Resolution
would contain: the Joint Study Committee on the Prevention and Emergency Care of
Injuries in Georgia; the Joint Study Committee on Georgia Border Communities;
and the Commission on Work Force
Security and Enhancement in the New Georgia Economy. The House agreed to the changes made in the Senate to HB 565 by Reps. Burkhalter and Lord requiring insurance for autism. HB 565 amends O.C.G.A. § 33-24-59.9:
The House disagreed to the changes made on the Senate Floor to HB 610.
Rep. Jamieson’s bill would have provided tax exemptions on equipment
purchased by those companies in the movie industry and digital broadcasting
businesses. This bill was brought
as an economic development measure and was not intended for tax exemptions on
additional purchases – it was an exemption on a one-time purchase without
further exemptions for replacement equipment or parts.
The Senate added tax exemptions being extended to churches or other
religious institutions and for a tax exemption for purchases for school goods
(clothing items, etc.). There was
great argument that no fiscal notes had been included in these two additions.
Further it would have an economic impact on the State in excess of
$43,050,000. Thus, a fiscal note
must be required before such exemptions could be granted.
The House also adopted the Conference Committee Report on HB 175, the
State’s FY 2002 Budget. The Senate, like the House, also
had a very busy day. Some of
the bills addressed are as follows: HB 40 – Rep. Jay Shaw brought
this legislation to include in the State’s health benefit plan those persons
who are retired members of the Georgia Federal State Inspection Service.
This bill passed by a vote of 48 to zero. HB 191 – Rep. Jim Martin
introduced this revision to the State’s Uniform Commercial Code at Article 9
of Title 11 regarding secured transactions and financial institutions.
This also passed by a vote of 52 to zero.
An amendment was attempted but it failed. HB 352 – This uniform licensing
legislation for insurance agents, agencies, subagents, counselors, and adjusters
introduced by Rep. Jimmy Lord also passed out of the Senate without any
amendments by a vote of 49 to zero. HB 478 – Speaker Murphy’s
legislation regarding an insurer’s liability concerning bad faith refusals to
pay insurance claims also passed out of the Senate today by a vote of 52 to
zero. There were no additional
amendments. HB 383 – Rep. Hudson’s bill
concerning the numbers of physician’s assistants allowed under the supervision
of one physician (changing the number from 2 to 4). Sen. Tate presented the bill.
There was no discussion; the bill passed, without any amendments, by a
vote of 52 to zero. HB 491 – Rep. Vance Smith
authored this legislation concerning health insurance coverage under the
State’s plan for elementary and secondary school teachers so as to allow those
teachers with eight years of creditable service to be allowed to participate
(previously the law required 20 years). These
persons would be required to pay the premiums. This also passed out of the
Senate by a vote of 48 to zero after being presented by Sen. Greg Hecht. HB 538 – The ticket scalping
bill, which establishes requirements for ticket brokers to sell special event
tickets, has been passed by both chambers for four years running.
HB 538 was amended on the Senate Floor by Sen. David Scott so as to allow
a cap of $3.00 for service charges on tickets to be raised to $5.00. Initially,
the amendment was lost and a motion was made to reconsider.
On the second vote, the amendment passed.
The bill passed as amended by a vote of 41 to 10. HB 593 – Rep. Mary Squires’
bill concerning TANF assistance to be provided to qualified aliens (raising the
time from one to four years) also passed by a vote of 51 to zero after being
amended by Sen. Eric Johnson (so as to treat documented aliens like citizens). HB 569 – Rep. Connell’s bill
relating to waiver of service on subsequent pleadings after the original
complaint also was passed after being presented by Sen. Tanksley. HB 701 – Sen. Thompson presented
Rep. Jim Stokes’ bill regarding fair business practices found in Title 10 so
as to change the definition of a career counseling firm: “Career consulting firm means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual’s career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34.” The bill passed by a vote of 48 to zero without amendments. HB 156 – Rep. Larry Walker’s
bill passed out of the Senate today. The
bill would create the Patient’s Right to Know Act of 2001 at O.C.G.A. §
31-7-8 which would create a physician profile on any disciplinary action taken
against a provider. It came to the
Senate Floor in a Substitute form from Health and Human Services Committee. HB 641 – This was one of the
bills relating to cosmetologists and their registration and qualifications for
same. The bill was designed to help
address some of the issues found in the amendments to the law made in 2000.
Sen. Walker offered an amendment to the bill; there was a great deal of
discussion (specifically questions by Sen. Price) concerning whether amendments
would be made to the bill so as to grant expansions in the scope of practice to
certain providers (fear was that this bill would be used as a vehicle by the
optometrists to gain passage for their right to prescribe drugs).
Sen. Walker would not commit that this would not be used for such.
After discussing the bill, it finally passed. HB 241 – Rep. Jackson’s bill
creating the Georgia Volunteers in Dentistry Act (allowing retired dentists to
practice their specialty under a special license as long as they did not receive
payments for such) passed out of the Senate. The two bingo bills, HB 154 and HB
155, each passed out of the Senate by a vote of 45 to 7.
HB 154 would increase the amounts of the maximum amount of prizes to be
awarded and HB 155 deals with licensure qualifications of non-profit
organizations to have such games. HB 187 – Rep. Powell’s bill
concerning motor vehicle insurance coverage which would change the minimum
coverage required for uninsured motorists passed out of the Senate by a vote of
47 to zero. Other News |
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