March 7, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          The Thirty-Third Day!  Needless to say, both the House and Senate had full schedules.  The House even produced a Supplemental Calendar in an effort to hear as many bills as possible.  Below will outline some of the day's events: 

Floor Activity 

          The House passed out a number of bills.  HB 360, the bill proposing the Safe Place for Newborns Act of 2001, passed out of the House by Committee Substitute by a vote of 150 to 18.  Some of the Republicans took issue with allowing a mother of a week-old baby to leave that baby at a medical facility without fear of prosecution.  The bill now proceeds to the Senate. 

          HB 453, the bill by Rep. Kathy Cox which would amend the current law on child endangerment, failed to pass.  Rep. Cox attempted to table the bill and bring it back again.  Rep. Stephanie Stuckey claimed that one portion of the bill which was particularly problematic to her was the section relating to the exemption for a parent or guardian who chose to practice and " selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child."  

          If a cat has nine lives…then the idea of scalping tickets must be a cat!  This measure has been before the House and Senate on a number of occasions over the last few years.  Today, the ticket scalping bill, HB 538, passed out of the House.  It was amended by Reps. Larry Walker and Calvin Smyre concerning the printing of tickets – the amendment would allow only an excess charge of $5.00 over the sale price (if language was printed concerning not-for-resale).  The vote on the passage of the bill, by Committee Substitute as amended on the Floor, was 162 to 6.  This bill now proceeds to the Senate. 

          HB 593, the bill concerning qualified aliens receiving TANF assistance, also cleared the House by a vote of 157 to 9. 

The bill relating to court reporters amending O.C.G.A. § 45-15-70 passed the House by Committee Substitute by a vote of 168 to zero.  Specifically, the bill proposes that "when any action or proceeding is filed in any court of this state, in any federal court, or with any professional licensing board, disciplinary board or commission, or other similar body, which action or proceeding is against a certified court reporter as defined in Code Section 15-14-22 and which action or proceeding seeks relief against such court reporter in the administration of his or her duties, and when the state compensates or appropriates or allocates moneys to such court reporter which is used in the administration of his or her duties, when employed for a judge of a court of record in this state, and when no regular counsel is provided within a reasonable time for such court reporter by the Attorney General, then the Governor may direct the Attorney General to provide such counsel.  In the event the Attorney General refuses to provide such counsel within a reasonable time after having been directed by the Governor to do so, the Governor is authorized to designate legal counsel in such case for such court reporter."

          HB 648, concerning property foreclosures and judicial sales, cleared the House Floor with a Floor Amendment by a vote of 165 to zero.  HB 648 amends O.C.G.A. §  44-14-162 and states: 

"If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type.  In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name of the new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor.  Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale." 

          HB 565, a bill proposing to define autism as a neurological disorder and which would require health plans which provide "benefits for neurological disorders, whether under a group or individual accident and sickness contract, policy, or benefit plan, shall not deny providing benefits in accordance with the conditions, schedule of benefits, limitations as to type and scope of treatment authorized for neurological disorders, exclusions, cost-sharing arrangements, or copayment requirements which exist in such contract, policy, or benefit plan for neurological disorders because of a diagnosis of autism.  The provisions of this subsection shall not expand the type or scope of treatment beyond that authorized for any other diagnosed neurological disorder."  This bill was introduced by Reps. Jimmy Lord and Mark Burkhalter, and it sailed out of the House, by Insurance Committee Substitute, by a vote of 165 to 1. 

          The breast feeding bill, HB 674, also passed out of the House by a vote of 156 to 9.  The bill proposes to amend the current law at O.C.G.A. § 31-1-9 by eliminating the words that the mother may only breast feed her baby if she acts in a "discreet and modest way."

          HB 724 also passed out of the House by a vote of 166 to 1.  HB 724 proposes that "a local board of education is authorized to provide group medical and dental insurance for its members who elect to participate.  Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45.  It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans." 

          The bill relating to hotel-motel taxes, HB 780, also passed out of the House by a vote of 104 to 59.  HB 780 proposes to allow authorization with certain conditions for counties and municipalities to levy such tax. 

          The dangerous dog owner insurance liability bill, HB 731, passed by a vote of 157 to 10.  This raises from $15,000 to $50,000 the policy requirements of the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog.  The bill also proposes to raise the surety bond requirements from $15,000 to $50,000, to be maintained by the owners of such animals, which would be payable to any person or persons injured by the dangerous dog.

          The House had a number of uncontested Resolutions on its calendar.  Some of these, which the House adopted, include: 

          HR 130 – the creation of a Joint Study Committee on Urban Road Building Guidelines;

          HR 145 – the designation of the Earl T. Shinhoster Bridge;

          HR 223 – the Joint Study Committee on Public School Size;

HR 342 – the creation of the Blue Ribbon Commission on Individual Health Insurance Availability and its Effect on the Employer Based Health Insurance Market;

HR 345 – the recreation of the Joint Study Committee on Historic Local Government Records;

HR 453 – the designation of the Trisha Yearwood Parkway; and

HR 455 – the creation of the Joint Study Committee on Medical Care for Prison Inmates. 

          Senate bills which have crossed over to the House and now assigned to Committees include: 

SB 11 – This bill authored by Sen. Steve Thompson concerning business development corporations and deleting prohibitions against incurring secondary liability as well as clarifying powers relating to the commercial, residential, and historical real property, has now been assigned to the House Industry Committee. 

SB 25 – Sen. Eric Johnson's bill pertaining to the amendment of the Code in order to authorize delivery of notices previously required to be delivered by registered or certified mail to be provided by overnight or commercial delivery service, has now been assigned to the House Judiciary Committee. 

SB 70 – Sen. Vincent Fort's bill, pertaining to predatory lending which amends Title 7 of the Code and which would provide for penalties and remedies as well as enforcement for lending practices associated with high-cost home loans, has now been forwarded to the House Banks and Banking Committee. 

SB 98 – This is another bill by Sen. Thompson which would require health insurance plans to cover the costs of surveillance tests for ovarian cancer in high risk women, ages 35 and older.  This bill has now been sent to the House Insurance Committee. 

SB 221 – Sen. Donzella James' version of the breast feeding bill, which eliminates the requirement that a mother do this in a discreet and modest way, has now been assigned to the House Health and Ecology Committee. 

SB 238 – This bill, by Sen. Connie Stokes proposes to change the provisions relating to peer review organizations so as to allow the sharing of confidential information between hospitals and the Office of Regulatory Services when conducting medical errors' reviews, has now been forwarded to the House Health and Ecology Committee. 

          The Senate also had a busy day.  SB 205 passed out of the Senate by Floor Substitute by a vote of 48 to zero.  SB 205 is the Governor's bill amending the current law on disclosure of public information.  It specifically amends the Code at O.C.G.A. § 50-18-72 and would prohibit an individual's social security number, mother's birth name, credit card information, debit card information, bank account information, financial data or information and insurance or medical information in public records as well as day and month of person's birth from disclosure by public agencies unless the information was being requested in writing by one of five entities: 

1)      the individual whom such information concerns or that person's representative;

2)      a prosecutor or publicly employed law enforcement officer seeking those records in an official capacity;

3)      representative from the news media who is gathering that information in connection with news gathering and reporting;

4)      public employee of Georgia, its political subdivisions or the United States who is obtaining such information for legislative or administrative purposes in which case is subject to applicable United States laws; or

5)      a person authorized by order of a court of competent jurisdiction upon good cause having been shown to have access to any or all information upon conditions set forth by the court's order.

Sen. Hecht's bill concerning limited liability companies, SB 253, which proposes to amend the current law in Title 14 on assignment of interest, approval rights of members, distributions upon dissociation, and taxation issues, passed out of the Senate by a vote of 50 to zero.  The bill had previously passed out of the Senate Judiciary Committee by  Committee Substitute. 

          House bills which have now been assigned to Senate Committees include: 

HB 191 – Rep. Jim Martin's re-write to Article 9 of Title 11 of the Code concerning the Uniform Commercial Code has now been forwarded to the Senate Committee on Banking and Finance. 

HB 290 – Rep. Jack Connell's bill exempting the sales of pipe organs and steeple bells from state sales and use taxes and amending specifically O.C.G.A. § 48-8-3, has now been assigned to the Senate Committee on Finance and Public Utilities. 

HB 490 – Rep. Jamieson's bill, concerning income tax credits for business enterprises in designated less developed areas which amends O.C.G.A. § 48-7-40, has now been assigned to the Senate Committee on Finance and Public Utilities. 

HB 525 – Rep. Sally Harrell's bill, concerning notice to expectant mothers outlining their health insurance benefits for their maternity length of stay as found in O.C.G.A. § 33-24-58.2, has been sent to the Senate Committee on Insurance and Labor. 

HB 615 – Rep. Buddy Childers' bill concerning anatomical gifts and disclosures has been forwarded to the Senate Health and Human Services Committee. 

HB 656 – The Governor's amendments to his Education Reform Act of 2000 has now been forwarded to the Senate Education Committee.  Some of the proposals include changes to the eligibility requirement for the HOPE scholarship and creating of an early intervention program for kindergarten, primary grades, and elementary grades. 

Newly Introduced Legislation 

HR 500 – Rep. Kathy Ashe has authored this Resolution proposing the creation of the House Study Committee on Universal School Breakfast.  This has been forwarded to the House Rules Committee.