January 11, 2001

For more information contact:

Stanley S. Jones, Jr.

404-817-6133

          Greetings from under the Gold Dome!  Today, Legislators convened for Day Four of the 2001 Session.  Highlights of the day’s activities included the Governor’s Budget address for FY 2002. 

Budget News 

The following will outline some of Gov. Barnes’ remarks concerning his proposed Budget for FY 2002: 

          Gov. Barnes noted in his Budget address that one hundred years ago, Georgia was so poor that Gov. Chandler had to borrow money for the State to make payroll.  Today, the State’s budget is $14 billion.  The reason for this is due to Georgia’s extraordinary economic growth. 

-         $249 million in property tax relief is included.  This allows for the third year of the multi-year plan to raise the homestead exemption to $50,000.

-         Approximately 6,000 paraprofessionals for Georgia’s kindergarten classrooms will be funded with the inclusion of $68.5 million.

-         $3.5 million to fund pilot extended day school programs for middle schools in an effort to help students with the basic subjects of math and science.

-         An additional $7 million has been included to fund reading programs.

-         Alternative teacher certification programs have been included in the proposals with a recommendation of $500,000.  This is an effort to get persons who are experts in their fields to become teachers – perhaps persons who are seeking a second career.

-         Improvements in the State’s child protective system are included.  Gov. Barnes proposes $32 million (when matched with federal dollars, this could total $42 million).  Some of these monies will include salary increases for those workers and also include monies for an additional 100 workers in the system.

-         In an effort to address Georgians with long-term care needs (those physically and mentally disabled), there is inclusion of $49.1 million (total state and federal dollars) in order to fund 5,300 new slots in the community-based programs.  Gov. Barnes hopes that this will help address the waiting lists of those who are mentally retarded, frail elderly, and physically disabled.  

-         A recommendation of $13.6 million in total funds for provider rate increases is included.

-         $19 million is included to assist Georgia’s uninsured. 

-         $49.4 million has been recommended from Tobacco Settlement Fund dollars to fund the work of the Georgia Cancer Coalition.  These dollars are to help fund initiatives in cancer detection, prevention, research, and treatment.

-         There is another $30 million for local governments to participate in the Georgia Community Greenspace initiative in an effort to protect undeveloped lands.  Gov. Barnes noted that last year, 10 counties and 15 cities participated and received $11 million.

-         A recommendation of $4.1 million is included for continuing the Department of Natural Resources’ current water quality and protection initiatives.  Also, an additional $4 million is proposed for funding 70 new positions within the Environmental Protection Division.

-         Expanding Georgia’s business was also addressed:  $2.6 million is proposed for the Department of Technical and Adult Education’s “Quick Start Program;” $500,000 for the Regent’s “ICAPP” project; $4.5 million for the Yamacraw Mission; and $2.8 million additional to the Regional Economic Business Assistance program. 

New Legislation 

HB 8 – Rep. Parham introduced this amendment to Chapter 22 of Title 31 pertaining to clinical laboratories.  The licensing of these laboratories would be transferred from the Department of Human Resources to the Department of Community Health.  This has been forwarded to the Health and Ecology Committee. 

HB 69 – Rep. Graves and others introduced this bill amending Chapter 34 of Title 43 concerning physicians, physicians’ assistants and respiratory care in an effort to provide for the licensing of “clinical perfusionists.”  This has now been forwarded to the Health and Ecology Committee for review. 

HB 77 – Rep. Parham introduced this amendment to O.C.G.A. § 31-2-9 concerning the applicability of the clinical laboratory licensing requirements and to clarify an exemption concerning “capillary blood tests.”  This bill has also been referred to the Health and Ecology Committee. 

HB 79 – Rep. Parham introduced this bill amending Article 3 of Chapter 24 of Title 33 pertaining to breast cancer patient care.  This amends coverage provisions relating to inpatient and follow-up visits for those persons who have had mastectomies or lymph node dissections.  This bill was sent to the House Insurance Committee. 

HB 96 – Rep. Hudson and others have offered this amendment to Chapter 33 of Title 43 known as the “Georgia Physical Therapy Act.”  This would add the practice of "physiotherapy" to the practice of physical therapy.  Such physiotherapy would have to be done under the supervision of a licensed physical therapist. 

HB 102 – Reps. Squires and Unterman introduced this bill amending O.C.G.A. § 13-8-2 pertaining to contracts contravening public policy generally.  Further, it declares as contrary to public policy certain contracts between an insurer and a hospital that is the sole provider of obstetric services (within one-mile radius of the hospital).  This bill is for St. Joseph's Hospital in its continuing fight with Northside Hospital over managed care.  This bill has now been forwarded to the House Judiciary Committee for review. 

SB 24 – Sen. Lamutt and others have authored this amendment to O.C.G.A. § 10-12-4 relating to the legal effects of electronic signatures and records, contest based on fraud, authentication or identification, limitations, and notarization, so as to expressly permit the use of electronic records and signatures.  There is an exemption:  if the provisions of Chapter 12 of Title 10 otherwise expressly limit such.  

SB 25 – Sen. Johnson offered this bill in an effort to authorize delivery of notices, previously required to be delivered by registered or certified mail, to be provided by overnight or commercial delivery service.  

Committee News 

          The House Judiciary Committee met today.  As usual, this Committee tackled a lengthy agenda by taking up the following bills: 

HB 31 – Rep. Walker presented the bill amending O.C.G.A. § 9-13-140 concerning real property descriptions for those pieces of property sold at judicial sales.  Specifically, these advertised descriptions are the published descriptions relating to the property and will be “sufficient if it includes a description of such real property adequate to allow the identification of the property through the real property records of the county.”   Such description “may include the street address of real property when the real property has been assigned a street address by a unit of government.” Amendments were made in Committee from the originally proposed bill. 

HB 106-109 concerning the Code Revision Commission changes to the O.C.G.A., made during last year’s Session, all passed unanimously with little discussion.   Rep. Teper questioned the Commission regarding the “Editor’s Notes” found in the code.  These bills now proceed to House Rules. 

          The House Insurance Committee met for an organizational meeting.  The newly elected Legislators were introduced.  Chairman Jimmy Lord announced that the Subcommittee format will be used.  As such, two Subcommittees will be addressing the following: 

HB 24 –  This bill, authored by Rep. Golick and others, amends O.C.G.A. § 33-6-4 concerning unfair methods of competition and unfair or deceptive acts or practices in the business of insurance.  This adds a new subdivision:  “(iv) Refusing to insure or refusing to continue to insure an individual; limiting the amount, extent, or kind of coverage available to an individual; or charging an individual a different rate for the same coverage because of the race, color, or national or ethnic origin of that individual.”  This provision would apply to any type of insurance.  This bill was assigned to Rep. Ben Harbin’s Subcommittee.  Members include Rep. Maddox and Rep. King. 

HB 40 -  Rep. Shaw and others introduced this amendment to O.C.G.A. § 45-18-1 concerning inclusion in the State Health Plan those state employees of the Georgia-Federal State Inspection Service who are active or retired members of the Employees’ Retirement System of Georgia.  This bill was referred to Rep. Ron Dodson’s Subcommittee.  Members of this Subcommittee are Rep. Heard and Rep. Knox. 

          Much like yesterday, John Oxendine spoke at the Senate Insurance and Labor Committee meeting today.  He explained that the Department of Insurance would be bringing legislation in an effort to comply with the federal legislation known as the Gramm-Leach-Bliley Act.  These measures would include uniform licensing of agents and addressing privacy measures. 

          The House Committee on Higher Education also met this afternoon.  Rep. DuBose Porter is chairing this Committee.  The Committee adopted its rules.  Annual report information was distributed about the State’s universities and colleges.  One of the first bills this Committee will take up will be a bill similar to last year’s bill, introduced by Rep. Louise McBee, which provided for education savings accounts. 

          The Senate Judiciary Committee also met this afternoon for an organizational meeting.  Sen. Rene’ Kemp, Chair of this Committee, introduced the members of this Committee.  After adopting its policies and rules, the Committee adjourned.