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March 21, 2001 For more information contact: 404-817-6133 404-817-6247 404-817-6170 |
SINE DIE!!!!!
Legislators, staff, lobbyists, and others appeared to be at the point of
relief early Wednesday. Many wore
‘smile’ faces on their lapels showing their excitement for the end; light
could be seen at the end of the tunnel. The
2001 Session had been one of starts and stops due to the issue with the
State’s flag and of course the annual debates over the State’s purse. The day, however, was a long one with the sounds of the
gavels striking almost at the stroke of midnight.
Governor Barnes spoke to the Legislators late in the evening and
congratulated them on completing another Session. By day’s end, there were some casualties.
Some were ready to celebrate the conclusion and were focusing on
after-hour events in order to eat, drink, and dance their cares away.
Some of the day’s events include: Floor Activity
Rumors circulated all day about various amendments to bills – amending
bills relating to health insurance to include language to prohibit managed care
contracting whereby certain hospitals would be excluded from such contracts
(language similar to HB 102 or SB 148), pre-certification of procedures by
health insurance plans, etc. Thus,
it was critical to keep a close eye on bills as they flew through the process.
And they say, making law is like making sausage – a messy business.
The battle lines were clearly drawn on issues relating to teen driving.
Today, the subject came to a crescendo. The House revisited the HB 385 as
the Senate had made some changes to the bill.
One of the changes had been to add a provision so as 16-year old drivers
in the metro area of Atlanta would be unable to drive unless accompanied by an
adult. Many argued that metro
Atlanta was no place for a new driver. Another
change made in the Senate dealt with sentencing for driving under the influence.
The Senate took away the choice that the House version of the bill had
contained. The Senate had mandated
jail time upon the second (and subsequent) conviction of DUI.
The House had afforded the judge hearing the case a choice of five days
jail time or 30 days of community service.
In the end, the House disagreed with the Senate’s position.
The Senate insisted. A
Conference Committee was appointed to work out the differences.
In the end, a Blue Ribbon Study Commission will be created to study teen
driving for the next two years. After
the study, the Commission is to report any legislative issues and suggestions.
The Conference Committee came up with three days in jail and 30 days of
community service for convicted DUI second offenders.
On the third conviction, the person would have to serve 15 days in jail
followed by an additional 30 days of community service. The House approved the
Conference Committee Report by a vote of 171 to 3.
The House also met on SB 1, another version of the teen driving issue.
The Senate had insisted on the 10:00 p.m. curfew for teens and a license
suspension after a two-point violation. The
House disagreed. In reaching its
compromise (including Conferees Reps. Parham, Massey, and Parrish), Legislators
finally agreed upon a curfew between the hours of 12:00 midnight and 6:00
o’clock a.m., but they removed the exceptions.
Also, both bodies agreed that in order to suspend the teen’s driver’s
license, he or she would have to accumulate 4 points against their licenses in
one year. When the gavel was about
to drop in the Senate, the body approved the Conference Committee Report by a
vote of 53 to zero.
Education was also an issue for discussion on the final day.
HB 656, the Governor’s revision to his 2000 Education Reform Act,
worked its way through the Conference Committee.
In the end, the House agreed to the compromise by a vote of 171 to 1.
One of the sticking points had been the Senate’s elimination of the
portions of the bill dealing with notification of parents of early intervention
programs; this language was strengthened as it had been stricken previously by
the Senate.
HB 156, Rep. Larry Walker’s Patient Right to Know Act, came back to the
House Floor today so the House could agree to the Senate Substitute. The Senate had stricken the provision that physicians would
have to disclose the numbers of abortions that they perform.
Rep. Franklin tried to amend the bill on the House Floor by requiring
this information and his motion failed in a vote of 69 to 86.
The House passed the Senate version of the bill by a vote of 150 to zero.
There was great debate over the issue about women having access to
information about which physicians perform abortion procedures or provide birth
control.
Video poker also made its way to the House.
Lobbyists and individuals worked the halls concerning their stance on
video poker. This issue was
still in debate as the House gavel hit the block around midnight.
SB 204 would have banned video poker.
Concern however was raised that this would negatively impact certain
businesses such as Dave and Busters. In
a late night filibuster, the bill died in the House without any vote being taken
on the amendments made.
The Senate also had a very lengthy day although it took some breaks along
the way. Sen. Billy Ray made a
motion that the Senate agree to the House substitute to SB 30.
The motion carried by a vote of 48 to zero. SB 30 is Sen. Ray’s bill amending O.C.G.A. § 31-3-3
dealing with the costs of copying and mailing healthcare records. The bill states: “A charge of up to $20.00 may be collected
for search, retrieval, and other direct administrative costs related to
compliance with the request under this chapter. A fee for certifying the medical
records may also be charged not to exceed $7.50 for each record certified. The
actual cost of postage incurred in mailing the requested records may also be
charged. In addition, copying costs for a record which is in paper form shall
not exceed $.75 per page for the first 20 pages of the patient’s records which
are copied; $.65 per page for pages 21 through 100; and $.50 for each page
copied in excess of 100 pages. All of the fees allowed by this Code section may
be adjusted annually in accordance with the medical component of the consumer
price index. The Office of Planning and Budget shall be responsible for
calculating this annual adjustment, which will become effective on July 1 of
each year. To the extent the request for medical records includes portions of
records which are not in paper form, including but not limited to radiology
films, models, or fetal monitoring strips, the provider shall be entitled to
recover the full reasonable cost of such reproduction. Payment of such costs may
be required by the provider prior to the records being furnished. This
subsection shall not apply to records requested in order to make or complete an
application for a disability benefits program.”
Sen. Charles Walker moved that the Senate agree to the House amendment to
SR 134. The House Rules Committee
had offered a Substitute to the Resolution creating the Joint Study Committee on
the Prevention and Emergency Care of Injuries in Georgia; Joint Study Committee
on Georgia Border Communities; and Commission on Work Force Security and
Enhancement in the New Georgia Economy. Originally,
this Resolution had only created the Joint Study Committee on the Prevention and
Emergency Care of Injuries in Georgia.
Late in the day, a Conference Committee Report came back on HB 538, the
ticket broker bill. It would
require ticket brokers to operate out of offices certain distances from the
venues where the special events were to occur.
This has been referred to as the ticket scalping bill.
Both the House and Senate agreed to the Report.
The Senate agreed to adopt the Conference Committee Report on HB 656, the
education reform bill, by a vote of 44 to 4.
The Senate also insisted on its position on SB 205, the Governor’s bill
on privacy issues and when certain State records may be released. A Conference Committee, including House members Reps. Jim
Martin, Rep. Charlie Smith, and Rep. Henrietta Turnquest, was appointed to work
out differences between the House and Senate.
HB 813, a bill previously on the Senate’s calendar for March 19, 2001
and which was tabled as the Senate did not reach it, was moved to be removed
from the table. HB 813 would
authorize employees of county and independent schools to participate in the
State’s deferred compensation plans. The
bill passed by a vote of 45 to zero.
The Senate agreed to accept the Conference Committee Report on HB 610.
Originally, this bill would have provided tax exemptions to companies who
were in the movie or digital broadcasting industry – it would have been a
one-time exemption for new equipment (not replacement equipment or parts).
When the bill passed out of the Senate, two amendments were added to give
tax exemptions to churches or religious organizations and for a school-tax
holiday. It is our understanding
that the Conference Committee stripped both amendments out of the bill. HB 510 also was passed out of the Senate. This is the ‘annual’ update to the Code of the various controlled substances and dangerous drugs. Amendments were made on the Senate Floor which the House later agreed upon. One amendment would add another drug to the list (this passed by a vote of 41 to zero in the Senate). The second amendment allows the Department of Community Health additional access to pricing information to determine if it is getting the best price possible for prescription drugs from pharmaceutical companies (this passed by a vote of 47 to zero). The bill passed out of the Senate by a vote of 52 to zero as amended. There had been concern that the requirement for pharmacy benefit managers to be licensed as ‘pharmacies’ would be added to this bill (language from HB 585); this proved not to be the case as no amendment of this sort was added.
HB 187, dealing with uninsured motorist insurance coverage came before
the House. Rep. Alan Powell moved
that the House agree to the Senate Substitute as amended.
The amount of insurance would be the same for uninsured as for a
person’s regular liability coverage. An
amendment monitoring insurance by the Department of Public Safety which would
delay implementation until 2002 was offered and agreed to.
HB 724 also was agreed to by the House.
This was Rep. Henson’s bill concerning the State health benefits plan.
It came back before the House by Senate Substitute.
The vote was 92 to 1.
SB 98, Sen. Steve Thompson’s bill dealing with ovarian cancer whereby
an insurer which provides health insurance would be required to provide for
surveillance tests for women ages 35 and older at high risk for this cancer,
also was agreed upon in the House. When
the House passed the bill, it amended the language adding that physicians would
be required to explain information about these tests to their patients.
The Senate objected to the language and redrafted the language so as that
physicians would be encouraged to explain information about the tests to
patients. The House agreed to the
change in a vote of 161 to 1. When
the Senate voted to agree, the motion carried by a vote of 53 to zero.
The cosmetology bill, HB 641, which had caused a stir in the Senate on
Monday, was back before the House. Rep.
Alan Powell moved that the House disagree with the Senate Substitute which added
mental health professionals licensing to the bill.
A substitute motion was then made by Rep. Allen to agree to the Senate
Substitute. Rep. Childers asked
that the House disagree as creation of a mental health therapists board for
separate licensure should go to the Sunrise Committee (this issue had previously
been denied). In a ruling by the
Speaker, the Senate Substitute was ruled not germane; therefore, the House
disagreed to the Senate Substitute. When
the bill came across the hall, the Senate moved through a motion by Sen. Charles
Walker, to insist on its substitute to HB 641.
Sen. Tom Price moved that the Senate recede from the Senate Substitute to
HB 641. Sen. Price’s motion was
adopted with a vote of 30 to 15. Newly Introduced
Legislation
HB 941 – Rep. Carl Von Epps and others have authored this
bill amending Chapter 2 of Title 1 of the Code which deals with persons and
their rights. This is an effort to
provide that “every person who subjects, or causes to be subjected, any person
to the deprivation of any rights, privileges, or immunities secured by the
Constitution or laws of the State of Georgia, based upon a person’s race,
color, national origin, gender, marital status, sexual orientation, age,
religion, or disability status, or perception thereof, shall have committed
unlawful discrimination and shall be liable to the party injured in an action at
law, suit in equity, or other proper proceeding for redress.” HB 951 – Rep. Buddy Childers introduced this measure so
as amend the Insurance Code and create a new section at O.C.G.A. §33-24-56.2 in
order to require that health benefit plans provide coverage for colorectal
cancer screening. Such coverage
would include: “1) Annual fecal occult blood
tests with three specimens and flexible sigmoidoscopy screening every five years
for any person who is: (2) Colonoscopy for any person who is less than 65
years, not covered by medicare, and has or had: HR 648 – Rep. Anne Mueller and Speaker Tom Murphy have
authored this Resolution to create the House Study Committee on the Organization
of the Public Delivery System for Mental Health, Mental Retardation, and
Substance Abuse Services. SR 428 – Sen. Nadine Thomas has authored this Resolution,
now assigned to the Senate Health and Human Services Committee, to create the
Senate Health Care Work Force Shortage Study Committee. SR 429 – Sen. Nadine Thomas also authored this Resolution
creating the Senate Study Committee on Prescription Drug Addiction.
This has now been referred to the Senate Health and Human Services
Committee. Looking Ahead
In August, reapportionment will be dealt with in a Special Session by the General Assembly. News about the State’s population is now being made public so we will soon know where the new districts will be drawn. Also, there will be various Committees meeting during the interim to deal with issues prior to the next Legislative Session in 2002. Some of these issues concern managed care contracting and health insurance benefit plans which may be designed by the employer and insurer. There will be a final Gold Dome Report for this year’s Session which will be prepared and posted sometime in early May after the Governor has had opportunity to review and sign any bills.
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