March 7, 2000

 The big day is tomorrow – a bill must cross from one house to the other on the 33^rd day.  Needless to say, there was a flurry of activity.  Lobbyists as well as legislators were working on making lists of possible ‘vehicles’ to attach legislation if bills did not make the crossover.

 Below is a summary of some of the day’s events:

 House 

HB 1633 – This amendment to the ‘sunshine’ laws would amend O.C.G.A. 50-14-1 concerning the definition of an agency to which such provisions are applicable to include county boards of equalization and county boards of tax assessors.  This has been referred to the House Ways and Means Committee.

 HB 1664 – Reps. Golick, Lord, Harbin, Shipp, Williams and others signed off on this bill which amends Article 2 of Chapter 5 of Title 33 of the Code concerning surplus line insurance.  It changes provisions relating to the authorization of procurement of surplus line insurance and the conditions for such.  It also changes provisions pertaining to the requirement of a broker to ascertain the financial condition of an unauthorized insurer prior to placement of insurance with such and placement of insurance with foreign or alien insurers.  This has been sent to the House Insurance Committee.

 HB 1669 – The bill authored by Rep. Wiles changing the coverage of claims against uninsured motorists and the definition of uninsured motor vehicle has now been referred to the House Committee on Insurance. 

 SR 556 – Sens. Walker, Kemp and others introduced this Resolution to create the Joint Hospital Indigent Care Funding Study Committee.  The Resolution will examine the indigent, charity, and bad debt costs incurred by Georgia’s 157 hospitals (which exceeded $750 million in 1998 alone), look at the number of uninsured in Georgia, look at what services and costs are being provided to Medicare and Medicaid patients, etc.  This has now made its way to the House and has been assigned to the House Committee on Rules.

 Floor Activity

The Senate had a lengthy calendar today.  There were several bills debated:

 SB 483 – This is the bill which would require the Board to release to a chiropractor information concerning an investigation of that chiropractor once the investigation had been started by the Board.  If a  chiropractor is the subject of a board investigation, initiated as the result of a complaint or report to the board, a copy of a summary of the complaint or report is to be furnished to the chiropractor “as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents.”   If a chiropractor is the subject of an investigation, initiated by the board on its own initiative, a written statement of the acts or omissions being investigated is to be furnished to the chiropractor “as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents.” The Board  has an option to delay providing the chiropractor with a copy of the summary or statement if it determines that the nature of the investigation requires that its existence not be disclosed to the chiropractor but in no event shall such summary or statement be provided later than the delivery of a subpoena for the production of documents to the chiropractor.  This bill specifically amends Chapter 9 of Title 43.  This arrived in the Senate from the Senate Judiciary Committee in a Committee Substitute bill and passed by a vote of 53 yeas to zero nays.

 SB 465 – This is the Governor’s bill to create the Georgia Technology Authority and would establish the GeorgiaNet Division underneath this authority.  This bill was heard on March 6, 2000.  Due to the invocation of Senate Rules 143, the final passage of the bill was today, March 7, 2000, by a vote of 51 yeas to zero nays.

 SB 459 – This legislation came out of the Senate Ethics Committee via a Substitute.  This would require lobbyists to pay filing fees when they register with the State Ethics Commission.  The bill also contains provisions to require lobbyists to pay late filing fees on reports as well.  This bill was on the Senate Rules Calendar but was held for March 8, 2000.

 SB 499 – Sen. Hill and others introduced this bill. The term “charitable organization” is redefined in this bill.  “Charitable organization” is defined as “any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that  term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable organization as defined by this paragraph.  The term charitable organization shall not include a religious organization as defined in paragraph (12) of this Code section.”  This changes the current law which includes religious organizations.  Also, the duties of a paid solicitor of charitable donations are also defined – a “solicitor agent” is “any person other than a charitable organization, paid solicitor, or commercial co-venturer, who or which solicits charitable contributions for compensation.”  This bill passed by a vote of 52 yeas to zero nays.

 SB 480 – The Senate also passed out the requirement for courts to impose fines which would be paid to the Brain and Spinal Injury Trust Fund.  This bill passed by a vote of 47 yeas to zero nays.

 SB 462 – This is the Senate’s version of the bill which would revise the Georgia Cemetery Act of 1983 and provide for the Cemetery and Funeral Services Act of 2000.  This bill, introduced by Sens. Hecht and Starr, came to the Floor by a Substitute from the Finance and Public Utilities Committee and was passed by Committee Substitute with a Floor Amendment.  It passed by a vote of 54 yeas to zero nays.

 SR 571 – This Resolution was passed by the Senate in an effort to provide education to Georgia’s citizens on Ovarian Cancer Detection and Prevention.  This Resolution was adopted by a vote of 50 yeas to zero nays.

 SR 618 – Sen. Faye Smith took the Well to encourage the Senate to pass this Resolution which would create the Teacher Morale Study Committee.  Sen. Smith reminded the Senate that she herself had been a teacher a number of years before coming to the Senate.  After some discussion as to whether this Study Committee could help, this Resolution was adopted by a vote of 46 yeas to 7 nays.

 SR 592 – This Senate Resolution would urge the United States Congress to amend the Social Security Act concerning the Medicaid Disproportionate Share Exclusion Exemption.  Specifically, this would encourage Congress to amend Section 1396r-4(d)(2)(A) of Title 42 of the United States Code, relating to Medicaid, to allow essential rural hospitals to qualify as disproportionate share hospitals for the purposes of the Medicaid program where such hospitals do not have two or more obstetricians on their medical staffs.  This Resolution was adopted by a vote of 51 yeas to zero nays.

In the House, the major activity for the day was the discussion of the FY 2001 Budget, HB 1160.  Rep. Walker presented the Budget to the House with Rep. Coleman presiding.  After the House agreed to the Committee Substitute, it was passed by a vote of 157 yeas to 18 nays.  Some of the major points of interest include $5 million dollars to “unlock the waiting lists” for those persons needing mental health, mental retardation, and substance abuse services.  There is also an inclusion of $3.6 million for the local health departments.  There was some discussion regarding the request for money by the Board of Regents due to the switch from quarter to semester hours.  In addition, there was also a plea for additional money to restore the old Governor’s mansion in Milledgeville.  Reps. Sanders and Irvin proposed amendments; both of which failed.  Rep. Sanders’ proposal would have deleted the Governor’s request for $50,000 for computer software to keep track of the way legislators vote.

The House also passed out HB 1492 which would require that a telephone solicitation business include not have ‘unlisted’ numbers.  This bill passed by a vote of 166 yeas to 2 nays and now proceeds to the Senate.

 Other News

In the passage on March 6, 2000 of the “Georgia Volunteers in Health Care Specialties Act,” there were amendments made in a Floor Substitute.  This bill, amending O.C.G.A. at Chapter 1 of Title 43, would allow a health care practitioner (chiropractor, registered professional nurse or podiatrist) to also participate in their respective specialties of chiropractic, nursing or podiatry under a special licensing of these retired and other volunteer providers.  Each of these providers would have to be currently licensed to practice in their respective specialty in any health care specialty licensing jurisdiction in the United States.  The person could also apply if he or she was retired from the practice of the health care specialty and not currently engaged in such practice either on a full time or part time basis and has prior to retirement, maintained full licensure, in good standing, with the applicable health care specialty licensing jurisdiction in the United States.  The bill also addresses the liability of their employers for such practice which will be governed by O.C.G.A. § 51-1-29.1 but a “podiatrist engaged in such practice and an employer thereof, shall have the same immunity from liability as provided other health care practitioners under O.C.G.A. § 51-1-29.1.”  This expands the law passed in 1999 which allowed physicians to be granted these special licensing privileges.