Today the Capitol was filled with children for the home school movement! Many were singing; others were playing the piano or violins. Needless to say, it was a very happy, noisy place.

The Governor also made his address to the Joint Session of the House and Senate in the State of the State address. Again Governor Barnes discussed his plan for Education Reform and his plan to abolish tenure for new teachers. The Governor mentioned in his speech the education reform program which Oregon has undertaken. Teachers have argued that, in order to attract and retain teachers, there has to be some protection for their jobs. The Governor did recognize two nationally recognized educators as good teachers. There is an indication that the education lobby, which has been one of the Democratic Party’s biggest support groups, is working on the Governor’s position on removing tenure for new teachers.

The Senate spent a great deal of time on debating SR 411 concerning the replacement of a Georgia General Assembly member convicted of a felony while in office. More about this below.

Newly Introduced Legislation

SB 391 – Sens. Hecht, Starr, Walker, and Dean authored this bill to amend O.C.G.A. § 43-39-13 regarding the denial, revocation, or suspension of licenses to practice psychology and what information may be furnished a psychologist after an investigation is initiated or completed. This bill has now been referred to the Senate Health and Human Services Committee.

SB 394 – Sens. Brush, Blitch, Johnson, and Lee have introduced legislation to enact the "State Regulatory Responsibility Act." This would amend Chapter 1 of Title 50 to provide guidelines for state agencies to follow in determining when to comply with federal guidance, submission to federal preemption, and compliance with federal regulatory mandates. This bill has been forwarded to the Senate Judiciary Committee.

SB 396 – Sens. Brush and Lee’s bill concerning provisions relating to tort actions and he provision for denial of or limitation on recovery of damages to persons injured while committing felonies has now been referred to the Senate Judiciary Committee. This would amend Chapter 1 of Title 51 of the Code.

SB 397 – This bill was introduced by Sen. Egan to amend Chapter 2 of Title 14 concerning business corporations. It strikes and replaces O.C.G.A. § 14-2-601 concerning the prescribing of classes of shares of stock and the number of shares of each class that the corporation is authorized to issue. The "articles of incorporation may create one or more series of shares within a class of shares. If more than one series within a class of shares is authorized, the articles of incorporation must prescribe the number of shares of and a distinguishing designation for each series and, prior to the issuance of shares of a series, the preferences, limitations, and relative rights of that series must be described, in the articles of incorporation." There is an exception, as provided in O.C.G.A. § 14-2-624, but otherwise all shares of a series must have preferences, limitations, and relative rights identical with those of other shares of the same series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class; provided, however, that any of the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares of a series, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation." Other provisions in the bill include time limitation on certain provisions of rights, options, or warrants; changes to provisions concerning voting agreements; changes to provisions relating to certain agreements that eliminate or restrict the power of a board of directors; deletion of provisions concerning the transfer of shares in a corporation whose shareholders have entered a voting agreement; etc.

SB 398 – The Governor’s bill to create the OneGeorgia Authority has now been forwarded to the Senate Committee on Economic Development, Tourism, and Cultural Affairs. This bill, being carried by Sens. Thompson, Stokes, Tanksley, Hill and others, would amend Title 50 of the Code.

SB 399 – Another bill in the Governor’s package being carried by Sens. Thompson, Tanksley, Stokes, Price, and others that would create the Georgia Greenspace Commission has now been forwarded to the Senate Committee on Natural Resources.

SB 401 – In an effort to take action concerning the violence in public schools, Sens. Starr, Walker, and Marable have dropped a bill which would amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 relating to public school disciplinary tribunals. It would require local school systems, which are receiving state funds, to suspend a student who commits an act of violence resulting in substantial injury to a teacher for the remainder of the school year. There would also be a requirement for a disciplinary hearing concerning the suspension. The bill would also provide that the student would not be eligible for enrollment in public educational programs except that the local school board may enroll such student in an "alternative education" program in the school year following the student’s suspension. This has now been referred to the Senate Education Committee.

SB 407 – Sens. Hecht, Scott, Kemp and others have introduced a bill to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000." The bill amends Chapters 5,6,8, and 9 of Title 16 and Chapters 3 and 8 of Title 17, Chapter 3 of Title 24 and Chapters 1 and 5 of Title 30.

SR 491 – Sens. Starr, Walker, and Meyer von Bremen authored this Resolution which would create the General Assembly’s Commission on Juvenile Gangs. This has now been sent to the Senate Judiciary Committee for study.

HB 1300 – This is a bill authored by Reps. Stokes and Martin which amends the bill passed previously relating to privileged medical information and specifically to the provisions pertaining to the dissemination of the "confidentiality of raw research data." This bill has now been forwarded to the House Judiciary Committee. This amends Part 2 of Article 2 of Chapter 9 of Title 24.

HB 1308 – This bill was introduced by Rep. Ashe and Stuckey, which would enact the "Equity in Sports Act." The legislation would prohibit discrimination, based on gender, in elementary and secondary school athletic programs. It would amend Part 14 of Article 6 of Chapter 2 of Title 20. It has now been sent to the House Judiciary Committee.

HB 1313 – This bill has been introduced by Reps. Smith, Turnquest, and Dukes as a part of Governor Barnes’s legislative package. It would amend Title 50 and create the OneGeorgia Authority. It has been forwarded to the House Appropriations Committee. This is the House version of SB 398.

HB 1324 – In an effort to strengthen rural Georgia, Reps. Simms, McBee, Parham, Channell, Porter and others have also introduced an amendment to O.C.G.A. § 32-4-23 relating to the Council on Rural Transportation and Economic Development. The amendment would authorize the Council to continue its studies and activities through January 15, 2002. This Council is to help develop a strategic plan for meeting the transportation and economic development needs of the rural areas in Georgia.

HR 896 – Reps. Stanley and others introduced this Resolution creating the Commission on Psychiatric Medication of School-Aged Children. This Resolution has been referred to the House Rules Committee.

The Senate debated for a long time over SR 411. This Resolution was introduced by Sens. Starr, Scott, and Johnson, and after much debate, passed with a vote of 51 yeas to 3 nays. This would propose an amendment to the State’s Constitution to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of Georgia or the United States. After passage, it was ordered to be immediately transmitted to the House.

Rep. Ben Harbin’s bill, HB 670 ,which outlines requirements for printed health insurance cards, has now been passed in the Senate. With two floor amendments, offered by Sen. Bill Stephens, the bill passed with a vote of 52 yeas to 0 nays. Sen. Tim Golden carried the bill for Rep. Harbin. The bill will now go back to the House for agreement to the Senate amendments.

The Department of Community Health Subcommittee of House Appropriations met this afternoon to hear discussions concerning the FY 2001 Budget. Commissioner Russ Toal presented the Governor’s Recommendations regarding his Department’s budget. Commissioner Toal outlined several "redirections" including the implementation of the pharmacy benefit manager in an effort to control drug costs and utilization in all the health plans that his Department oversees. Other redirections included: 1) an $8 million redirect in the "crossovers" between Medicare and Medicaid eligibles’ claims; 2) $2 million in the transfer of cases to the DRG methodology; 3) automation of the Georgia Better Health Care number (utilizing the primary care physician); 4) savings of $1.2 million for funds to reduce the number of pharmacy claims; 5) third-party collection by utilization of "universal" codes; 6) SOURCE case management program (an enhanced case-management program); 7) reduction of funding of the State Board of Medical Examiners; and 8) and $3.9 million redirect pertaining to the Georgia Board of Physician Workforce.

There were also numerous additions: 1) money to assist with the State Health Benefit Plan and Board of Regents Health Plan deficits; 2) Medicaid utilization increases (1.3% adjustment due to an increase in recipients primarily from the enrollment of children in PeachCare); 3) $10 million to make up the adjustment in the federal match which has dropped from 60.3% to 59.71%; 4) $7.6 million in drug costs which will be offset by the Pharmacy Benefit Manager; 5) additional dollars for family planning services for two years to postpartum Medicaid mothers (this will affect 4100 women and will receive a federal match of 90% to 10%); 6) transitional Medicaid for the second year for TANF recipients (this will also assist approximately 4000 individuals); 7) additional money for drug therapy for HIV patients; 8) extension of the EDS contract for another year (the Governor wants to renew this at no additional cost); 9) MMIS consulting; 10) additional money for those needing private nursing support services due to closure of state hospital; 10) additional money for evaluation of Offices of Minority and Women’s Health; and 11) additional funding for the Georgia Board of Physician Workforce of $3.9 million (there would be an increase in the "residency cap of $283.27)

Toal also outlined the enhancement proposals: 1) there would be an increase in physician reimbursement of 90% of 1999 RBRVS scale (this is an approximate 7% increase for physician services (including nurse practitioners, physicians’ assistants, etc.); 2) addition of the 2000 inflation factor (a 5% increase that equals about $8.4 million) for hospital rates; 3) an increase of 10% in the rate for outpatient services in state-owned facilities taking the rate up to 100% of cost (this specifically helps the Medical College of Georgia); 4) an additional $9.1 million to nursing home providers (occupancy rates are decreasing but occupancy is around 76-77% - this is due to the fact that citizens are healthier, more are staying at home, and average age of nursing home patients is now in the 80s); 5) adjustment for inflation for CPT codes for occupational therapy; 6) increase in dental fees (Toal stated that the State had to do something about getting more children screened for oral health problems and the State would now be utilizing a form implemented in South Carolina for claims purposes); and 7) additional money for in-home nursing services.

There were several questions by legislators including inquiries about the waiting lists (Rep. Trense asked about the $5-$6 million in Tobacco monies); underpayment of dentists for services (Rep. Trense also pointed out that what Medicaid was paying dentists was below what was considered "usual and customary"); and decreases in nursing home beds (Rep. Orrock was assured by Toal that there were now more community alternatives and that was one reason for the decrease).

Commissioner Toal also addressed the Tobacco Settlement dollars. There is to be an expansion of eligibility of up to 235% of the federal poverty level for pregnant women and children. Toal again stated that he was distressed that State employees could not access PeachCare as many were families of four with incomes under the $39,000 level would qualify. This expansion would add an additional 14,000 persons in the PeachCare program. There would also be money used to help with the waiting lists for the independent care waivers (an additional 75 persons) and traumatic brain injury waivers (an additional 25 persons). This addresses approximately 1/3 of each of these waiting lists’ needs. There is an approximately $3.5 million going towards Rural Health System Development (there is a hope that an additional amount of federal dollars may be obtained to even expand this further). Also, there would be money used for Federally Qualified Health Centers (Rep. Orrock commended the Commissioner and Governor on this as she believes this is a "win, win, win.").

Some testimony was also given by various lobbyists and advocates. Several addressed additional needs for the mental retardation waiting lists as well as teen pregnancy issues.

The Health Professions Subcommittee also met this afternoon to discuss HB 1234 that would amend a bill passed in the 1999 Session concerning routine "tests" or "screenings" by pharmacists done to help monitor patients on various drug therapies. The pharmaceutical industry was behind this legislation whereas physicians and medical technicians were opposed to the bill. Rep. Ron Stephens, a pharmacist, presented the bill to the Subcommittee. After much discussion and an amendment made by Rep. Don Parsons, to require the screenings conducted to follow the same standards and quality controls that a licensed laboratory uses, the bill passed out of the Subcommittee. HB 1234 will now be heard in the full House Health and Ecology Committee.

A bill, introduced last Session, HB 369, known as the "venue shopping" legislation authored by Rep. Jim Martin, has now been redrafted. Much of this redraft can be attributed to the business community’s interest in the legislation. The new bill is HB 1346 and will be known as the "Civil Litigation Improvement Act of 2000." The Georgia Chamber of Commerce and the Georgia Trial Lawyers Association have been in discussions with Rep. Martin about this legislation and each has offered to provide input into the proposal. It is believed that this bill will be assigned to the House Judiciary Committee. There is some "forum non conveniens" language in the bill, but it will still allow a plaintiff to file suit against companies "in the county where the cause of action originated." Currently, a suit must be filed where the company’s corporate residence is located.

Macon Day in Atlanta – Taste of Macon has been formally established as March 1, 2000. The Senate has adopted a Resolution, SR 505, to welcome the citizens and public officials from Macon and Bibb County on that date. The House also marked this date with a Resolution, HR 925.

Congressman John Lewis has also been recognized with a Senate Resolution, SR 507.

The Georgia Peach Festival has also been commended in HR 901. It originated in 1987 in Peach County. Peach County will mark its 76^th anniversary this year on July 18, 2000.