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February 8, 2000 For more information contact: Stanley S. Jones, Jr. 404-817-6133 Jeffrey C. Baxter 404-817-6247 Helen L. Sloat 404-817-6170 |
Today was Georgia Non-Profit Day at the Capitol. The Governor issued a proclamation at a ceremony in the Capitol’s rotunda at noon to honor the contributions of non-profit businesses here in Georgia. Karen Beavor, the Executive Director for the Non-Profit Resource Center in Atlanta spoke to the persons assembled about the commitment of energy and resources by the non-profit corporations in Georgia. Also, various groups advocating for the end to domestic violence also held a breakfast at the Capitol to kick off Lobby Day for the end of Domestic Violence – these included the Partnership Against Domestic Violence, Men Stopping Violence, etc. It was also Chiropractic Appreciation Day in Georgia.
Newly Introduced Legislation
Senate
SB 420 – Sen. Egan’s State flag bill has now been referred to the Committee on Economic Development, Tourism, and Cultural Affairs. This amends Chapter 3 of Title 50 of the Code regarding Georgia’s State Flag and would require that the flag no longer bear the Confederate Flag within.
SB 425 – Sens. Kemp, Brown, Ray and others have offered this bill as an amendment to Title 10 in order to "revise extensively the "Brokerage Relationships in Real Estate Transactions Act." This would change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord. Also, the bill offers changes to disclosure provisions, changes the standard of skill in some instances, provides for a duty of keeping certain pieces of information confidential, provides for a duty to disclose certain material facts concerning the adverse physical condition of the neighborhood where the property is located, changes the provisions pertaining to the broker’s liability for providing false information, immunizes a broker from liability in certain instances (when there is no fraud), changes the provisions relating to the ministerial acts, provides for a broker’s duty in the event of a conflict between the duty to keep a client’s confidence and the duty not to give false information to a customer, etc.
SB 487 – Sens. Cable, Thomas, Stokes and others have introduced an amendment to Chapter 17 of Title 31 of the Code to add "human papilloma virus" to the list of veneral diseases declared as dangerous to public health.
SR 519 – This Resolution authored by Sens. Tate, Streat, Cheeks, and others would propose an amendment to the State’s Constitution in order that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or disabled in the line of duty. Further, the Resolution would provide that funds be appropriated and insurance purchased for such purpose.
House
HB 1349 – Rep. Jennings and others introduced this amendment to Title 48 pertaiing to revenue and taxation. This would change the rate of interest paid with respect to refunds in certain instances. Also, it proposes to change the rate of interest with respect to income tax overpayments as well as change the rate of interest paid with respect to certain estimated income tax overpayments. This bill has been referred to the House Committee on Ways and Means.
HB 1352 – Reps. Jackson and others introduced this amendment to Chapter 1 of Title 43 concerning professions and businesses in order to provide for special licensure of certain retired and other healthcare practitioners. This has now been referred to the House Health and Ecology Committee.
HB 1353 – Chairman Lord and others introduced this amendment to the Insurance Code at Article 1 of Chapter 23 of Title 33 that would eliminate the requirement of continuing education in order for agents, agencies, subagents, counselors, and adjustors to renew their licenses. This bill has now been forwarded to the House Insurance Committee.
HB 1359 – Reps. Bunn and others dropped this legislation to amend O.C.G.A. § 45-18-9 in order to allow for spouse or dependents of deceased employees from the Uniform Division of the Department of Public Safety or agent of the Georgia Bureau of Investigation, killed in the line of duty, to receive the right to continued health insurance benefits under the State Employees’ Health Insurance Plan. This would apply to contracts for health insurance coverage up to and including June 30, 2000. This has now been sent to the House Insurance Committee for study.
HB 1361 – This is an "ethics" bill authored by Reps. Lucas, Snow, Skipper, and Lane. It will amend Article 1 of Chapter 5 of Title 21 and would require that newspapers and other companies accepting paid political advertisements to maintain certain records concerning the names of persons purchasing such advertisements. This has been forwarded to the House Committee on Judiciary.
HB 1365 – Rep. Barnard and others introduced this bill concerning the voluntary relinquishment of a newborn under certain circumstances. It also provides for immunity from criminal prosecution in some instances. This has been sent to the House Judiciary Committee.
HB 1371 – Rep. Reichert has introduced this legislation, which amends O.C.G.A. § 5-6-46 concerning supersedeas bonds and the surety’s liability. There is also a limitation on the supersedeas bond for punitive damages in a civil judgment contained in the bill. It also amends the Code Section 9-12-134 pertaining to appeal or stay of a foreign judgment so as to clarify that a foreign judgment shall be staying because an appeal is pending or will be taken or the time for filing an appeal has not expired. This has now been forwarded to the House Judiciary Committee.
HB 1377 – Rep. Mueller and others introduced this amendment to O.C.G.A. § 48-8-3 concerning exemptions from state sales and use tax and adds another exemption with respect to such taxes by including the sales by a nonprofit humane society for animals qualified as an exempt organization under the Internal Revenue Code, Section 501(c)(10) and such society has obtained an exemption certificate from the Commissioner.
HB 1383 – Rep. Williams has offered an amendment to O.C.G.A. § 3-1-2
concerning definitions of alcoholic beverages. It redefines "malt
beverage" as "any alcoholic beverage obtained by the fermentation of
any infusion or decoction of barley, malt, hops, or any other similar product,
or any combination of such products in water, containing not more than 6 percent
alcohol by volume. The term does not include sake, known as Japanese rice
wine." It also adds a definition for a "strong malt beverage"
which is a beverage containing not more than 14 percent alcohol by volume for
Belgian strong ale, French strong ale, English strong ale, Scottish strong ale,
imperial stout, bock, and barley wine beer." This also would not apply to
sake.
HR 955 – Reps. Henson, Hudson, Powell, Twiggs, and Manning introduced this Resolution to create the Joint Study Committee on Emergency Transportation of Persons for Evaluation for Involuntary Treatment for Mental Illness or Substance Abuse. This has been referred to the House Health and Ecology Committee.
HR 964 – Rep. Purcell and others have introduced this Resolution declaring March 7, 2000 as the "Governor’s Council on Developmental Disabilities Day" at the Capitol.
Floor Activity
The House passed all of the bills on its calendar today – these included HB 542 concerning the telephone solicitation bill where the caller must state the business name and number that he or she is calling from and HB 1273 regarding alcoholic beverage purchases and quantity limits permitted.
Committee Activity
The Senate Insurance and Labor Committee also met and discussed SB 300 authored by Sen. Broun concerning charitable gift annuities. A representative of the Georgia Planned Giving Council spoke to the Committee in favor of the bill that would affect any charity. This bill would be a positive step in estate planning. This bill passed out by Committee Substitute.
The Senate Insurance and Labor Committee also passed out Rep. Coleman’s bill, HB 172, introduced in the 1999 Session, that would move the Division of Rehabilitative Services to the Department of Labor. This would help enhance vocational rehabilitation for the State. Sen. Crotts expressed his desire to work with Rep. Coleman on issues that affect the severely disabled that have Medicaid cutoff if they earn more than a certain level of income. This bill also passed by Committee Substitute.
In a meeting of the House Judiciary Committee, HB 1346 was passed out of the Committee by Substitute. This bill, the rewrite to HB 369, the venue bill, was authored by Rep. Jim Martin. This bill heard debate from both sides – both the trial lawyers as well as the business community testified before the Committee about the bill. Rep. Martin reminded the Committee that he had worked for two years with both the trial lawyers as well as the business community on this bill and asked for the Committee to help him pass the legislation – he also reminded the Committee that there was a difference in being fair and having a point of view. Amendments were offered by Rep. Reichert which were opposed by Rep. Martin. Rep. Reichert stated he thought that the bill’s inclusion of the forum non conveniens language caused confusion; thus, one of his amendments was to delete that provision. After discussion, Rep. Reichert’s amendments failed passage by the full Committee. In a final vote, the bill passed by a vote of 12 yeas to 3 nays.
The House Judiciary Committee also passed out HB 1286 regarding non-insurance discount cards. This bill was authored by Rep. Martin amending O.C.G.A. § 10-1-393 and relates to the unfair or deceptive acts or practices in consumer transactions by declaring unlawful "selling, marketing, promoting, advertising, or distributing any card or other purchasing mechanism or device that is not insurance or evidence of insurance coverage and that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same when: (A) such card or other purchasing mechanism or device does not contain a notice expressly and prominently providing in boldface type that such discounts are not insurance; or (B) such discounts are not specifically authorized under a separate contract with each provider of health care goods or services to which such discounts are purported to be applicable."