March 12, 2009
Cross-Over Day was a Long One
CROSS-OVER DAY!!!!! Lawmakers in the House had a long day concluding their work around 10:30 p.m., working through an original House Rules Calendar and then adding two supplemental calendars of Bills. Meanwhile, the Senate finished its work around 5:00 p.m. By the end of the evening, Lawmakers, pages (the youngsters who were there for the entire day), staff, and lobbyists looked relatively worn and ready to call it "quits" for the day.
There were a few items which "failed" on the Floor yesterday. Meanwhile, there were a few surprises which passed.
Autism Speaks, the national advocacy group pushing mandated insurance coverage for children with autism, was handed a defeat of sorts when its Bill SB 161, by Sen. Tommie Williams (R-Lyons), was "tabled" by the author. There had been numerous advocates for this Bill swarming the Capitol over the last few days advocating for health insurers to be mandated to cover "ABA" therapy services to children with autism. Proponents of other forms of therapy for these children, such as "DIR," were raising their concerns about not being included in the mandate. Additionally, the Governor's Budget actually was cutting $1.2 million in funding from two providers of autism services: the Marcus Institute and the Matthew Reardon Center. Many Republicans have long held firm that they do not like employers to be mandated anything. Thus, the Republican Caucus was divided on SB 161. The Bill, as offered, would not address the predominance of the insurance policies which most Georgians have – ERISA or self-funded plans (those health insurance plans which most large employers offer their employees). Many have argued that to affect the large employers would require a change in federal law. SB 161, as written, also would not have impacted the State's own insurance benefit policies (the type of coverage which teachers or other State employees have). Sen. Williams conceded that perhaps now was not the time to continue to push SB 161 and proposed to his fellow Senators that a "study" of the issues would be undertaken over the summer in an effort to hammer out something that could be brought back next Session on this issue.
Prior to the Senate's closure for the day, it took up a very controversial Bill by Sen. Ralph Hudgens (R-Hull). His legislation, SB 169, proposed the "Ethical Treatment of Human Embryos" and was later substituted with a Floor Substitute, substantially changing the contents of the Bill. Sen. Hudgens brought the original proposal in an attempt to address the "octuplet Mom" situation in California. However, well-known reproductive specialists from the physician community, proponents from the biotechnology community, advocates for stem cell research, and the Christian Coalition all weighed in on the Bill. Many saw the Bill as limiting or eliminating stem cell research and placing into law a definition of when "life begins." SB 169 passed the Senate in the form of the Floor Substitute. In the version headed to the House, it states that it is "unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm or intracytoplasmic sperm injection" and it also adds that nothing in this new language inserted as Article 4 of Chapter 7 of Title 19 prohibits or otherwise impedes the use of induced Pluripotent Stem Cells (iPS cells). It is not clear how this legislation might be resolved as it works its way through the process; concerns are that it might end as a court case in attempt to define when human life begins and otherwise force the Supreme Court to look at Roe v. Wade.
Budget negotiators are working this weekend on the FY 2010 Budget. It is likely that a version of at least the House's Medicaid Budget will be voted out of its Subcommittee on Monday afternoon.
Lawmakers will head back to their Chambers on Tuesday for Day 31 of their Legislative Session.
Floor News
Senate
The following are some of the Senate Bills and Resolutions which cleared their way to the House:
SB 229 – This initiative failed. The Bill would have amended O.C.G.A. § 12-1-2 adding a new subparagraph (d):
In any administrative review of orders or actions of the department, the director of the Environmental Protection Division, the Shore Protection Committee, or the Coastal Marshlands Protection Committee, an administrative law judge shall afford deference to the interpretation of laws or rules and regulations and the exercise of discretion by such persons or entities regarding laws or rules and regulations that this title directs them to administer and enforce to the extent that those orders, actions, or interpretations are not arbitrary or capricious.
An amendment was offered by Sen. Harp (R-Midland) which failed prior to the final action taken on the legislation. His amendment would have provided that deference would "not be given to any interpretation that has not been formalized through rulemaking under the Administrative Procedures Act, with public notice and an opportunity for public comment." The Bill failed by a vote of 26 to 25.
SB 244 – Sen. Unterman (R-Buford) passed this initiative onto the House, amending what the practice of nursing as a registered professional nurse means. It clarifies in O.C.G.A. § 43-26-3(8) that nothing in the law would prohibit the performance of "health maintenance activities" by a designated caregiver for an individual at the individual's direction or his or her agent. "Health maintenance activities" has been defined as "those activities which enable an individual with disabilities to live as independently as possible in a home and community of his or her choice and include those specialized procedures, beyond activities of daily living, which the individual would perform himself or herself if he or she were able and which the attending physician or registered professional determines can be safely performed in the home and community by a designated caregiver as directed by the individual or his or her agent." SB 244 passed by a vote of 52 to zero.
SB 246 – Sen. Balfour (R-Snellville) offered up this idea addressing the problems a family in Gwinnett experienced after their daughter was stalked by a juvenile who had already been in detention for a violent act committed against the young girl. It adds a new Code Section at O.C.G.A. § 15-11-51 requiring notice to be given by the Department of Juvenile Justice to the victim prior to the release of the juvenile who committed a violent delinquent act against that victim. The Department of Juvenile Justice is presently working on this legislation as it moves in the process. Today, the Bill passed by a vote of 54 to zero.
SB 162 – This Bill passed 51 to zero. It authorizes security guards and detectives to obtain individual licensure prior to employment. Under current law, the licensee is the employer.
SB 195 – Sen. Chance (R-Tyrone) offered this Bill amending several Code Sections in Title 43. It permits applicants for licensure the ability to submit electronic applications rather than written applications. It amends numerous other provisions concerning licensing of professions and provides a new definition for the term "electronic data prescription drug order." SB 195 passed by a vote of 53 to zero.
SB 211 – Sen. Johnson (R-Savannah) proposed this Bill exempting "routine office supplies" from the requirements of State purchasing procedures (issuance of bids). The Bill has defined those "routine office supplies" as those items "used for the daily operation of an office which are, in the ordinary course of business, commonly restocked every one to 12 months, including, but not limited to, pens, pencils, paper, printer toner, staples, calendars, paperclips, staplers, envelopes, ink cartridges, hole punchers, and other similar low budget items; provided, however, that such routine office supplies shall not include office equipment or furniture, such as computers, shelves, printers, chairs, copy machines, or similar items." SB 211 passed by a vote of 43 to zero.
SB 7 – Sen. Tarver (D-Augusta) offered this "Truth in Testimony Act" proposal. The Bill passed by a vote of 50 to 1. It would require an oath or affirmation be given for purposes of presenting certain evidence to a committee or subcommittee of the General Assembly and persons who are found guilty of providing fraudulent or false information would be guilty of "false swearing" and subject to penalties.
SB 222 – Sen. Unterman (R-Buford) offered her version of how the Department of Human Resources should be reorganized. It would establish three departments within State government: the Department of Health; the Department of Human Services; and the Department of Behavioral Health. Division of Public Health functions would roll under the new Department of Health.
SB 252 – Sen. Thomas (R-Dalton) offered the "Polysomnography Practice Act" after the Attorney General found that "sleep labs" operated in the State violated Georgia law. This Bill passed by a vote of 49 to zero and establishes certification of polysomnographic technologists by the Composite State Board of Medical Examiners. These polysomnographic technologists would work under a licensed physician. Future revisions are expected as this proposal moves forward.
SB 253 – Sen. Mullis (R-Chickamauga) offered this definition for the term "indoor" in an effort to prohibit pyrotechnic (fireworks) shows in concerts or other arenas. It defines the term "indoors" as meaning "within a building or an enclosed structure or beneath any structure used for sheltering any use or occupancy." The Bill passed with a vote of 52 to zero.
SB 56 – Sen. Butler (D-Stone Mountain) authored the "Georgia StopMeth Log" proposal which cleared the Senate with a vote of 49 to 2.
SB 240 – This initiative passed with a vote of 52 to zero. Sen. Rogers (R-Woodstock) proposed this idea amending the arbitration procedures of appeals of assessments for ad valorem taxes. The arbitrator is required to consider "a single value for the property submitted by the board of assessors and a singe value submitted by the taxpayer." The value submitted by the taxpayer is to be determined by a professional real estate appraiser selected by the taxpayer. In this proposal, the taxpayer is responsible for the cost of the appraisal by the taxpayer's appraiser. Upon consideration of the single value submitted by the board of assessors and the single value submitted by the taxpayer, and evidence supporting the values submitted by the board of assessors and the arbitrator, the arbitrator will then determine which value is the correct value for the property under appeal. The party's value which is determined to be not correct by the arbitrator is responsible for the fees and costs of the arbitrator.
SB 250 – A new definition for "unlawful disruption" in the classroom and on school buses has been made so that the definition of this disruption must now be a "knowingly, intentionally, recklessly" event. The revision to the definition is inserted at O.C.G.A. § 20-2-1181. Sen. Hamrick's (R-Carrollton) proposal cleared the Senate by a vote of 52 to zero.
SR 110 – Sen. Pearson (R-Dawsonville) proposed this Constitutional Amendment to provide for the "authority of the General Assembly to approve, reject, or modify any proposed expenditure of revenues received from motor fuel taxes." This Bill failed with a vote of 34 to 20. For a Constitutional Amendment to pass, it needs 38 Senate votes.
SR 466 – Sen. Weber (R-Dunwoody) offered this Resolution to establish the "Performance Based Principal Certificate Renewal Design Team." The "purpose of the design team shall be to develop a program to enhance the knowledge, skills, and performance of principals. Skills most related to teacher retention and student achievement should be emphasized. The design team shall consider issues including, but not limited to: (1) Sources of funding for the program; (2) Structure of the program; (3) Potential participants in the program; (4) Linking the program to certification renewal; (5) Incentives for the program; (6) Program providers and delivery models; (7) Voluntary or mandatory nature of the program; (8) Content of the program; (9) Timelines for development or implementation of program; (10) Costs to participants; (11) Necessary changes to law to implement or support program; and (12) Measures to assess the effectiveness of the program." This Bill passed unanimously 50 to zero.
SB 36 – Sen. Buckner (D-Jonesboro) authored this Bill to provide for a code of ethics to govern local school boards. These ethics would be reviewed annually with the results reported at a regularly scheduled board meeting. This Legislation, which came about because of the huge problems facing the Clayton County School Board, passed by a vote of 51 to zero.
SB 17 – Sen. Harp (R-Midland) introduced revisions to Georgia's law on ethics of public officers, including lobbyists. The Bill enumerates increased penalties for filing of late reports on disclosures. It also amends O.C.G.A. § 21-5-34.1 and at O.C.G.A. § 21-5-50 to state: "The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct." SB 17 passed with a vote of 54 to zero with the inclusion of three Floor Amendments (the first dealing with increased amounts for late filing fees; the second adding the language adding electronic filing equates to an affirmation of the report's correctness; and the third revising the duties of the Joint Legislative Ethics Committee).
SB 96 – Sen. Reed (D-Atlanta) offered this set of changes to ethics' laws governing lobbyists and their disclosures. It adds at O.C.G.A. § 21-5-6 the requirement that the State Ethics Committee "provide and conduct, at least semiannually, training on the duties and responsibilities of lobbyists and the mechanics of filing and registration and to approve curriculum for other organizations or entities to provide such training." It further amends the definition of "lobbyist" adding that it also includes: "Any natural person who, for compensation, either individually or as an employee of another person, is hired by a person or entity other than a public officer or state agency to influence such public officer or state agency; provided, however, that such person shall not include an attorney hired to represent a party in an administrative proceeding." SB 96 passed 52 to zero.
SB 94 – This Bill passed the Senate by a vote of 49 to 1. It amends O.C.G.A. § 33-30-4(4) amending current law relating to termination of benefits for, or coverage of, any person who is a dependent child of an insured. The change requires that a dependent child be covered by insurance up to and including the age of 25 regardless if the child is a full-time student as required by current law. The only stipulation now is that this individual remains a dependent of the insured parent or guardian.
SB 130 – Sen. Mullis (R-Chickamauga) offered this idea which passed. It creates the "Electronic Lease-Purchase of Goods Act" at Article 23A of Chapter 1 of Title 10, which the author explained was a "consumer protection" piece of legislation. This Bill passed with a vote of 48 to 3.
SB 172 – Sen. Hamrick (R-Carrollton) authored this Bill to provide for financial recovery for serious mental and emotional trauma in Title 17. "Serious mental or emotional trauma" is defined as "a nonphysical injury which has been documented by a licensed mental health professional and which meets the specifications promulgated by the board's rules and regulations relating to this type of trauma." The Legislation passed 54 to zero.
SB 231 – Sen. Weber (R-Dunwoody) cleared his Bill along the way late in the afternoon. It proposes in O.C.G.A. § 20-3-519.15 to establish the PROMISE III teacher's scholarship of up to $3,000. For each $1,500 awarded, that individual would be required to agree to teach in a Georgia public school for an academic year. This Bill passed with a vote of 52 to zero.
House
HB 126, presented by Rep. Lindsey (R-Atlanta), would enact the "Uniform Electronic Transactions Act." This Act provides for the authorization of electronic records and electronic signatures; provides for admissibility of certain electronic records and electronic signatures; provides for the use of electronic records and electronic signatures to vary by agreement of certain parties; provides for the presentation of certain records; and provides for the effect of an electronic record or an electronic signature. There are a host of definitions included in this Act which creates a new Chapter 12 in Title 10. HB 126 passed the House with no debate, 167 to zero.
HB 321 passed the House easily, 171 to zero. Rep. Davis (R-McDonough) presented this Bill which would redefine "true association," relating to group accident and sickness insurance. This redefines association from the current required number of 25 individuals to 10 employees of such an association.
Moving along with the lengthy calendar the House faced, HB 451. This Bill, by Rep. Jacobs (R-Atlanta), would overhaul Georgia's Uniform Commercial Code. It passed 168 to zero.
HB 457, offered by Rep. Peake (R-Macon), revises the definition of disabled adults and elder persons. Under the new definition, the term "disabled adult" means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has a diagnosis from a licensed physician of dementia or related cognitive impairment. The attempt is to address acts of abuse, neglect or exploitation of these individuals. HB 457 passed 163 to 2.
Rep. Cooper (R-Marietta) presented HB 475, amending the "Georgia Registered Professional Nurse Practice Act" by allowing students of nontraditional education (instruction in theory by basically means of self-study) to obtain their license in Georgia. HB 475 passed the House 157 to 13 by way of a House Rules Committee Substitute. The Bill establishes minimum clinical practice requirements of 350 hours if the applicant entered the nontraditional nursing education program as a licensed practical nurse or 700 hours of clinical practice for any other applicants. Students who entered before July 1, 2008 a nontraditional nursing program which does not meet the new requirements and completes their program no later than December 31, 2010 will be "deemed" to have met the criteria needed. Those entering programs after July 1, 2008 will be required to meet the new clinical requirements. There are other changes included in this Legislation, including permission for licensure if the individual graduated from a nontraditional nursing education program and has been practicing nursing as a registered professional nurse in a clinical setting for at least one year preceding the date of the application and such practice is documented by the applicant and approved by the board or that individual graduated from a nontraditional nursing education program and has practiced as a registered professional nurse in a clinical setting for less than one year preceding the date of the application and such practice is documented by the applicant and approved by the board, then the applicant would be required to complete 300 clinical nursing hours to meet licensure requirements.
Rep. Weldon (R-Ringgold) presented HB 608, relating to timeshares. This Bill would include a definition for "owners' association" to mean an association made up of all owners of time-share intervals in a time-share program. It also adds a change to the term "time-share estate" which would now include real property interests held in irrevocable trust wherein all owners of the time-share program or the owners' association of the time-share program are express beneficiaries of such trust and the trustee is independent of the developer; provided, however, that if such real property interests are held in trust, conveyance of the property to the trust shall be free of all financial liens and encumbrances or shall include a recorded nondisturbance agreement. HB 608 passed 166 to two.
Rep. Graves' (R-Ranger) authored HB 44 requires the Governor's budget report be submitted in a zero-based budgeting format. HB 44 passed 156 to zero.
HB 243 passed the House the House 92 to 79 after some Democrats spoke out against it. This Legislation proposed to repeal current law permitting nationally certified teachers receiving a ten percent salary increase when they were working in Georgia public schools. The law governing this increase at O.C.G.A. § 20-2-212.2 received further amendments. As it passed the House, "an individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly." This cut in teaching pay will recoup $12 million in funding for the State during a budget crisis.
The House also voted to require disputes with insurance companies arising from material not in English be controlled by the English language version of the policy material. HB 417, by Rep. Neal (R-LaFayette) passed 155 to 3.
The "Georgia Prescription Monitoring Program Act" passed the House 161 to 9. HB 614, Rep. Cooper's (R-Marietta) Bill, provides for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, IV, or V controlled substances and of selling over-the-counter Schedule V controlled substances by the Georgia Drugs and Narcotics Agency; and requires dispensers to submit certain information regarding the dispensing and sale of such controlled substances. The Georgia Drugs and Narcotics Agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, is required to establish and maintain a program for the monitoring of prescribing and dispensing of all Schedule II, III, IV, or V controlled substances and the selling of all OTC Schedule V controlled substances in Chapter 13 of Title 16. Dispensers would be required to weekly provide information to the Agency.
A new civil rights museum planned to be built in the Centennial Olympic Park area will receive an exemption from sales and use taxes, from July 1, 2009 through July 30, 2015, on purchases used in the construction of the facility. HB 349, by Rep. Burkhalter (R-Johns Creek), passed 154 to one.
Rep. Mills (R-Gainesville) presented HB 388, the "Option of Adoption Act." This Act would allow individuals to adopt an embryo in Chapter 8 of Title 19. Currently, an adoption contract cannot be made until the child is born. Rep. Franklin (R-Marietta) spoke against this Bill claiming that this Legislation would "dehumanize" humans and open up the doors for embryonic trafficking. This change would make Georgia the first state in the nation to allow such an adoption if it passes the Senate and is signed by Governor Perdue. HB 388 narrowly passed the House 96 to 66.
HB 410, offered by Rep. Knox (R-Cumming), passed the House Floor 158 to 9, exempting insurance companies from paying state and local premium taxes on premiums paid by Georgia residents for high deductible health plans.
The House also voted to do away with the "birthday tax" or the annual tag tax for cars. Rep. Giesinger (R-Roswell) presented his Legislation, HB 480. It would impose a fee on the purchase of new and used cars rather than impose sales and use taxes. On and after January 1, 2010, a State title fee equal to the lesser of $960 or 3.36% of the value of the vehicle, as determined under the uniform evaluation of all motor vehicles prepared by the State Revenue Commissioner and a local title fee in the amount equal to the lesser of $1,040 or 3.64% of the value of such vehicle as determined by the State Revenue Commissioner would be imposed. The Bill outlines what must happen with salvage vehicles and addresses what happens with a death of an owner of a vehicle which is transferred to the surviving spouse. HB 480 passed 133 to 39.
Rep. Graves (R-Ranger) offered HB 481, which would enact the "Jobs, Opportunity, and Business Success Act of 2009." Among provisions in the Bill, it would waive the Secretary of State filing fees required for forming new businesses (including limited partnerships and limited liability companies). For calendar quarters beginning on or after July 1, 2009, there would be a credit known as the "Georgia Works Tax Credit." The amount of the Credit would be not less than $25 and no more than $125 per individual employee per calendar quarter. The credit may be claimed by an employer for up to four calendar quarters with respect to an individual hired by that employer for services to be performed in the State. HB 481 passed 164 to 4.
HB 581, offered by Rep. Coan (R-Lawrenceville), would enact the "Georgia Works Job Creation and Protection Act of 2009." HB 581 passed easily 158 to zero. In effect this Act would protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; protect existing jobs and stimulate job creation; reduce employer payment requirements for de minimis tax amounts; establish a credit to employers for hiring unemployment claimants; extend suspension of adjustments based upon the State-wide Reserve Ratio; provide for a reduced adjustment in contribution rates through a certain time period; reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; provide for additional weeks of benefits for persons in certain types of job training for high-demand occupations; provide for restrictions on disclosure of confidential information; change certain provisions relating to the base period; alter provisions relating to eligibility requirements for extended benefits; and etc.
Rep. Butler (R-Carrollton) presented HB 189, which would permit the use of private firms to help with the collection of child support. It defines the term "child support collector" who must register with the Governor's Office of Consumer Affairs, along with a $50,000 surety bond, prior to engaging in such work. The firms would be able to collect a fee for this service under a written contractual agreement with the obligee. HB 189 passed 120 to 45.
HB 667, offered by Rep. Allison (R-Blairsville), passed 157 to 11. This Legislation relates to hospital acquisitions, requiring that within 30 days of any acquisition, the actual and reasonable costs incurred by hiring certain experts be paid to the experts by proportionate amounts as the parties might agree or the Attorney General determines. It strikes the cap of $50,000 for such fees.
Rep. Symre (D-Columbus) presented HB 674 to the House. HB 674 removes the caps ($1,500 for a daily cash prize/gift or $3,000 for a weekly cash prize/gift) placed on the prizes for bingo games operated by nonprofit, tax exempt organizations and shifts regulation over to the Department of Revenue from the Georgia Bureau of Investigation. This Bill caused some of the lengthiest debate in the House. Rep. Jan Jones (R-Alpharetta) spoke eloquently about the proposal which she opposed as it would essentially initiate another lottery, competing with the Georgia Lottery which funds HOPE and Georgia's Pre-K. Others opposed the Bill claiming that this change would constitute gambling and questioned the limitation on "nonprofit tax exempt organizations." However, HB 674 passed 107 to 54.
HB 2, offered by Rep. Rice (R-Norcross) faced considerable opposition, but still passed the House 101 to 64. HB 2 directly relates to the Department of Transportation and its funding. It proposes in O.C.G.A. § 32-2-9(b) that Department of Transportation would not be permitted to fund "any Local Assistance Road Program project submitted by a county or municipality unless the county or municipality: (1) Is in compliance with Code Section 13-10-91 as determined by the department; and (2) Is in compliance with Code Section 50-36-1 as determined by the department." Most of this issue concerns complying with SB 529 which passed two years ago. The underlying issue for most lawmakers is how to define "local public benefit" which the Attorney General issued an eighteen-page opinion on in early January, 2009. While some argued that before implementing any withholding of these funds because of not checking immigration status, it would be best to define "local public benefit."
HB 358, by Rep. Martin (R-Alpharetta), also passed the House by a vote of 166 to zero. Rep. Martin's Bill extends the sales and use tax exemption to June 30, 2011 on food donated to a qualified nonprofit entity to be used for hunger or disaster relief purposes.
New Legislation
SR 589 – Sen. Tolleson (R-Perry) authored this Resolution requesting that Congress of the United States take legislative action to change the definition of renewable biomass and prevent passage of legislation which would control forest management practices on private forest lands.
HB 736 – Rep. Stephens (R-Savannah) proposed this Bill at O.C.G.A. § 20-2-776 to require that public schools provide parents or guardians of female children in the sixth grade information concerning the infection and the immunization against the human papillomavirus. This information would be required to be developed by the Department of Human resources and provided to the local school systems for dissemination in an effort to lessen the incidents of cervical cancer.
HB 740 – Rep. Smith (R-Watkinsville) revised O.C.G.A. § 47-3-68, membership under the Teachers' Retirement System and the Optional Retirement Plan. Presently, some employees of the Board of Regents are eligible to make an "irrevocable election" to join the Optional Retirement Plan in lieu of the Teachers' Retirement System; the change proposed makes this election become "revocable" meaning that individuals could return to the Teachers' Retirement System at a later point in time. There are notification requirements to the board of trustees contained in the Bill. Individuals making the desire to make this election must submit his or her application, together with sums that he or she may wish to either pay or transfer to the system, no later than June 30, 2011 (for persons who are employed on July 1, 2010); or at any time during the sixth year of his or her election to participate in the regents retirement plan (for persons who first or again becomes employed after July 1, 2010).
HB 742 – Rep. Oliver (D-Atlanta) proposed amendments to Titles 31 and 29 to provide for additional persons and entities that may be authorized to consent to surgical or medical treatment on behalf of an incapacitated person. The Bill permits for expedited judicial intervention for appointments of temporary medical consent guardians. Some of the specifics included are:
- Amends O.C.G.A. § 31-9-2(a)(6) adding additional individuals who may be able to an incapacitated individual (adult grandchild for his or her grandparent and the adult relative of the patient, including but not limited to, his or her niece, nephew, aunt or uncle)
- Defines "adult friend" of the patient as an individual who may provide consent and "has exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The adult friend shall sign and date an acknowledgement form provided by the hospital or other health care facility in which the patient is located for placement in the patient's records certifying that he or she meets such criteria."
- Provides in O.C.G.A. § 31-9-2(d)(1) a hospital or other healthcare facility an immunity from civil or criminal liability or discipline for unprofessional conduct solely for complying in good faith with any direction or decision by any person authorized and empowered to make consent, even if death or injury to the patient occurs.
- Provides in O.C.G.A. § 31-9-2(d)(2) that no person authorized and empowered to consent, who in good faith, acts with due care for the benefit of the patient, or who fails to act, will be subject to civil or criminal liability for such action or inaction.
HR 624 – Rep. O'Neal (R-Bonaire) introduced this Resolution creating the House Constitutional Officer Fees Study Committee looking at fees collected by sheriffs, probate judges, superior court clerks, tax commissioners, and magistrate court judges. The idea is to determine whether the person who receives the service pays for most or all of the services, rather than shifting costs to property taxpayers. A total of seven persons would serve on this Committee. Five Members from the House would be appointed to review these fees with one of those individuals being the Chair of the House Committee on Ways and Means. A sixth individual would be an incumbent county commissioner and seventh member be an incumbent constitutional county officer. The Committee is instructed to conclude their study efforts on or before December 1, 2009.
HR 625 - Rep. Maddox (R-Cairo) proposed this Resolution to create the House Study Committee on Dangerous Dogs due to the tragic instances in which children and adults are killed or seriously injured by dog attacks. Five Members of the House of Representatives would undertake this Study and be required to conclude their work on or before the convening of the 2010 Legislative Session.
HB 642 – Rep. Coleman (R-Duluth) offered this Resolution to create the House Study Committee on Regional Educational Service Agencies. These agencies are a statewide network established by the Department of Education to provide shared services designed to improve the effectiveness of educational programs and services to local school systems, providing instructional programming, and providing the Georgia Learning Resources System services. This Study Committee would be comprised of five House Members who would review these regional educational service agencies and determine if they should be continued in these bad economic times. This Study would be required to be concluded on or before December 31, 2009.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.