March 24, 2004

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

March 24, 2004    

          Greetings!  Wednesday was another "action packed" day for the General Assembly. One interesting thing in play now is the Senate and House are not happy with one another as bills are not being "addressed" appropriately.  At one point, Sen. Balfour took the Well basically disparaging the House and its failure to take up Senate bills.  Thus, the Senate appears to be angrier at the House than vice versa.  Legislators did agree to a "schedule" with a decision made to work on Thursday, March 25 and return on Wednesday March 31 for the 38^th Legislative Day.  Here are a few highlights from today: 

Floor News

          On the House side, former Majority Leader of the House, Rep. Larry Walker, took the opportunity to bid farewell to his beloved House this morning.  Rep. Walker, a Democrat from Perry, has served more than 30 years in the Georgia General Assembly.  Rep. Walker announced earlier that he would not seek re-election in the coming months but would return home to his wife Janice, their family and his law practice.  In the years since coming to the House in 1973, Rep. Walker has witnessed flag changes and the era of a Republican Governor.  His constituents have also benefited from his long tenure with Middle Georgia always getting a number of things in the State's Budget.  He expressed his thanks to many who have helped him while in office – from the Clerk's Office staff, lobbyists in the hall, fellow lawmakers, and others.  Of course, he did not forget to thank his family, many of whom were present for his farewell.  A Resolution, HR 1692, was presented to Rep. Walker for his distinguished service to Georgia and her citizens – he is a statesman and a gentleman.  Afterwards, Rep. Walker enjoyed a good family outing at Underground Atlanta's Johnny Rockets.

Few Senate bills were actually addressed:

·        SB 405 (166 to 2)- this bill proposes updates to Georgia's law dealing with banking and finance and seeks to level the playing field between federal and state banks and credit unions by aligning state and federal banking laws.

·        SB 418 (168 to zero)- this measure proposes to outlaw female genital mutilation and piercing in Georgia, regardless of religious or cultural custom.  This comes about due to a case which involved a young child in Gwinnett County whose father had performed such a "custom" on her.

The Senate, however, did undertake a day of work.  There was even a discussion about racial profiling – with the proposed amendment by Sen. Butler to be added to HB 158, a bill dealing with honoring injured and disabled law enforcement officers.  (This bill eventually passed, without proposed changes.)

·        Sen. Cagle presented HB 736, which had been held by Senate Rule 143 due to a lengthy amendment.  This bill amends timing for periods of limitation on ad valorem tax assessments.  Sen. Thompson offered more amendments; Sen. Cagle was upset by these and offered to table the bill.  Sen. Cagle's motion to table the bill was carried.  (Later in the day, Sen. Thompson attempted to remove the Legislation from the table, but objection was raised and it went back to the table.)

·        HB 1549 was presented by Sen. Don Thomas.  It too had been held due to a Senate Rule 143 issue.  It relates to special license plates for Rotary International.  The problem was that it was loaded with other specialty tag ideas, including one for the Girl Scouts USA.  The Girl Scouts amendment was adopted and the bill passed the Senate by a vote of 48 to zero as amended.

·        Sen. Cagle also presented HB 1391, a piece of legislation that would require creditable training for tax collectors and tax commissioners.  This sailed through the Senate by a vote of 48 to zero.

·        HB 1410 was offered by Sen. Cagle as well and passed by a vote of 50 to zero.  This bill proposes to allow organ donors State income tax credits. 

·        The Judicial Emergency Act of 2004 proposal was tabled by Sen. Balfour.  HB 1450 had been proposed by Rep. Bordeaux and would establish procedures for courts to follow in times of natural or biological disaster or bioterrorism.

·        HB 1507 also passed by a vote of 48 to zero.  Sen. Shafer presented the legislation revising the provisions of Georgia's Seed Capital Fund.

·        Sen. Hamrick spoke about HB 1394, a bill requiring persons who are practicing as "athletic trainers" to be licensed.  This legislation passed by a vote of 52 to 2.

·        HB 1258 also passed the Senate by a vote of 36 to 16.  Sen. Eric Johnson spoke about this bill proposing to remove certain minimum wage mandates by local governments on the private sector.  An amendment was proposed by Democrats but it failed passage by a vote of 20 to 33. 

·        HB 1511 cleared the Senate by a vote of 48 to 1.  This bill would allow the new Atlanta Symphony Hall to get a sales tax exemption for construction materials.  Many believe that the credit given will be far less than income generated through sales and tourism generated with this new Hall.

·        HB 677 was presented by Sen. Lee.  It proposes to allow the Dept. of Corrections to use the State income tax refund of a warrant status probationer to setoff debt of probation fees.  This passed by a vote of 52 to 2.

Committee News

          On Tuesday, the House Health and Human Services Committee's Healthcare Facilities Subcommittee met to take up two bills: SB 179 and SB 502.  SB 179 was presented by Rep. Graves, a House Member and pharmacist from Macon.  Rep. Graves explained that this bill would allow for e-prescribing of prescription drug orders and the transmittal of these drug orders to pharmacists via electronic means.  This bill was brought in an effort to help reduce medication errors and provide greater patient safety.  Many pharmacists now receive prescriptions from physicians that they cannot read or which are misread. 

          Some discussion in an earlier draft had proposed requiring the diagnosis to also be included in such electronic drug order.  Physicians have balked at the requirement of a diagnosis – many feel that this might limit their ability to use off-label drugs or those drugs which might not normally be used to treat a certain malady.  Amy Odom with Blue Cross Blue Shield of Georgia spoke in favor of the legislation and thanked Rep. Graves and Sen. Thomas for the legislation. 

          James Purcell, with the Georgia Healthcare Leadership Council, urged Subcommittee members to reinstate the language on "diagnosis."  Kinn Elliott, with the Medical Association of Georgia, and Stan Jones, with Kaiser Permanente, both spoke in favor of the legislation.  Mr. Jones did tell the Subcommittee that it was unfortunate that the Georgia Board of Pharmacy could not agree to use the United States Mail for prescription drugs. 

          Wayne Oliver, with the Georgia Pharmacy Association, also spoke in favor of the legislation which will help streamline the practice of pharmacy and will be helpful in a time of healthcare workforce shortages.  An Amendment was offered by the Georgia Hospital Association concerning "address" requirements for an inpatient; Rep. Graves indicated that he would work with the Association prior to the full Committee meeting on the bill.  A Substitute to SB 179 got a favorable recommendation and passed out of Subcommittee. 

          SB 502, another bill by Sen. Don Thomas, was presented by Rep. Graves.  This bill is the annual update to prescription drugs in the Code.  It also adds language concerning methamphetamine labs and the requirement to keep Sudafed ® behind the counter at pharmacies so that these products cannot be used in these "meth labs" which have been "cropping up" across the State.  Currently, Sudafed ® is an over-the-counter product available at quick marts, grocery stores, and drug stores.  This will require a person to actually ask the pharmacist or pharmacy technician for this product.  SB 502 also passed out by a Committee Substitute.

          The Senate Committee on Regulated Industries also met on Tuesday and passed out a number of measures:

• SR 989 – this proposes a Senate Study Committee on Excavation Safety.

• HB 1047 – this codifies that soil scientists must be licensed.

• HB 1746 – this was presented by Rep. Skipper to the Committee.

• HB 1003 – it proposes that home builders be licensed.

• HB 1300 – this legislation proposes to require that utility contractors be licensed and get safety training every two years.

• HB 1354 – it proposes to increase fines levied and collected by the Public Service Commission (from Georgia Power).

• HB 1598 – it proposes to requires persons who install HVAC equipment to be required to obtain a permit to do so.

• HB 1167 – this legislation proposes to extend deadlines for the use of certain educational and training requirements in order for persons to qualify for examination by the Georgia State Board of Architects and Interior Designers (it clarifies law passed last Session on this issue).

The House Judiciary Subcommittee on Ethics held a lengthy meeting today to hear SB 517, SB 31 and SB 338.  Rep. Golick and counsel to Governor Perdue, Mr. Highsmith, presented the bills, which propose updates to Georgia's ethics laws.  Rep. Golick stated that Georgia's laws on ethics were among the weakest in the country and these measures were representative of compromise and rational structured dialog.  These ethics bills are to restore public confidence.  No action was taken today on any of these bills; this was merely a presentation.  It is likely that this Subcommittee will meet later to "fine tune" the legislation before moving any of them to the full House Judiciary Committee and House Rules Committee.  In SB 517, as it arrived in the House, it has the "no cup of coffee rule" so that lobbyists may not even expend money to buy a cup of coffee for an elected official.  The bill also will require "vendor lobbyists" to register with the State.  Also, it would require a lobbyist to disclose his or her salary that represents what he or she might do on behalf of a company or client.  The Georgia Chamber of Commerce has opposed this last requirement.  Bill Bozarth, with Common Cause Georgia, spoke in favor of the legislative package on ethics reform.  Teddy Lee, the current Director of the State Ethics Commission, explained that many of these initiatives contained in these bills would be expensive to the State to manage and oversee.  He cautioned that he did not know what the true costs of such would be and did not know if the State had funds to cover such.

On Wednesday, the Senate Health and Human Services Committee held a meeting and took up these bills:

·        SR 901 – this proposes a Study Committee on assisted living

·        SR 960 – this proposes a Senate Study on Childhood Obesity

·        SR 967 – this Resolution creates a Study on Mandatory Death Reporting

·        HB 1793 – this proposes to provide for limited liability for services provided in free health clinics.  This bill follows "good Samaritan" practices and was engrossed by the House.

·        HB 1138 – this proposal would prohibit a person from smoking in a vehicle with a child in a restraint device in the vehicle.  Rep. Paul Smith had introduced this legislation.  Sen. Preston Smith provided some amendments so that Sen. Don Thomas' bill on the Smoke Free Air Act could be added to this legislation.  Sen. Smith explained that such amendments were germane and in Title 16, as was the underlying bill.  An additional exemption is proposed (currently there are seven in the Substitute) so that Hartsfield-Jackson Airport would have an exemption for its smoking spaces.  This exemption will be addressed on the Senate Floor.  One woman, a smoker, testified against the bill citing that it would destroy her business but agreed with Rep. Paul Smith's underlying bill – her problem was the amendments proposed by Sen. Smith.  This passed by Committee Substitute.

·        HB 1653 – this proposes a Commission on the Hard of Hearing.  Rep. Bob Smith presented this legislation which passed by a Committee Substitute.

·        HR 1420 – this proposes a Constitutional Amendment in order to create a fund for hospital trauma care.  The Dept. of Human Resources supports this bill.  (Georgia's death rate is 65 per 100,000 which is well above the national average concerning trauma.  Additionally, there are many areas in Georgia where there are no trauma centers available.  For the population aged 1 to 44, trauma is the number one killer; in the other age groups, it is the number three killer.  Last year, there was $177 million in uncompensated care provided by trauma centers.)  This Resolution was passed by the Committee.

·        HR 228 – Rep. Heckstall's proposal to study the coverings and dangers on coverings placed on teeth passed.  These are the "decorative" coverings that many persons obtain.

·        HB 697 – Rep. Gardner's bill passed unanimously.  It adds an independent review mechanism for the State Health Benefit Plan's insurance program.

·        SR 461 – this Resolution proposes the creation of the Senate Medicaid Study Committee.  It was amended and passed as amended. 

The House Health and Human Services Committee met Wednesday and passed SB 179 and SB 502 as discussed above.  SB 179 did have an amendment relating to the hospitals' concern on address requirements.  Additionally, there was an amendment relating to the prohibition to restrict a patient's choice of pharmacy.

The House Insurance Committee also met on Wednesday.  It took up SB 608, the bill which amends current law relating to regulation requirements of health maintenance organizations.  It proposes that if an HMO is certified by NCGA, JCAHO, URAQ, or other national accrediting agency, then it will be deemed in compliance with the Dept. of Human Resources' rules on HMOs.  No one opposed this measure and it passed out of the full Committee.

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

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