March 29, 2008
Busy Day with Budget and CON Reform Discussed
Greetings from the Gold Dome! Friday was a busy day with much discussion taking place on finalization of the FY 2009 Budget. There have been rumors circulating that adjournment may occur earlier than Friday with days being "saved" to come back and address budget vetoes made in the Amended Budget FY 2008. Budget Conferees will be meeting over the weekend with a public meeting scheduled for Sunday afternoon at 5 p.m. No resolution has been reached on the overhaul of the CON law and discussion appears to be ongoing. Senate Rules was a jammed a packed meeting, as lobbyists and lawmakers were attempting to get Bills placed on the floor prior to the close of business for the 2008 Session.
Floor News
House Floor
SB 11 offered by Sen. Shafer (R-Duluth) would eliminate provisions relating to the annual continuation budget report. SB 11 would provide for the periodic application of zero-base budgeting to the budget process and provide for analysis of departmental and program objectives. SB 11 would also provide for consideration of alternative funding levels and provide for departmental priority lists. The House passed SB 11 with a vote of 151 to 1.
SB 88 offered by Sen. Unterman (R-Buford) would provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild. The House passed SB 88 with a vote of 163 to 1.
SB 344 offered by Sen. Moody (R-Alpharetta) would amend Titles 2, 10, 12, 20, 45, 46, and 50 of the O.C.G.A, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary. The House passed SB 344 with a vote of 144 to 8.
SB 384 offered by Sen. Balfour (R-Snellville) would change certain provisions relating to the permitting of limousine carriers by certain airports and limit fees for such permitting. SB 384 would provide that a chauffeur's permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations. SB 384 would also delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees. The House passed SB 384 with a vote of 146 to 0.
SB 387 offered by Sen. Staton (R-Macon) would allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors. SB 387 would require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot. The House passed SB 397 with a vote of 144 to 11.
SB 397 offered by Sen. Bulloch (R-Ochlocknee) would certain provisions regarding bond issuance and validation. The House passed SB 397 with a vote of 164 to 0.
SB 408 offered by Sen. Shafer (R-Duluth) would change certain provisions relating to local government franchising authority. The House did not pass SB 408 with a vote of 47 to 107. A motion to reconsider was made and will be done on the next legislative day.
SB 421 offered by Sen. Pearson (R-Dawsonville) would amend Code Section 16-9-4 of the O.C.G.A, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime.
SB 483 offered by Sen. Harp (R-Midland) would amend Code Section 19-6-15 of the O.C.G.A, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions. SB 483 would change certain provisions relating to the process of calculating child support and provide for orders in cases involving family violence to change certain provisions relating to gross income and clarify military compensation and allowances as gross income. The House passed SB 483 with a vote of 162 to 1.
SB 523 offered by Sen. Moody (R-Alpharetta) would extend the date for automatic repeal of certain provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010. The House passed SB 523 with a vote of 164 to 0.
SB 88 offered by Sen. Unterman (R-Buford) would provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild. The House passed SB 88 with a vote of 163 to 1.
SB 344 offered by Sen. Moody (R-Alpharetta) would amend Titles 2, 10, 12, 20, 45, 46, and 50 of the O.C.G.A, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary. The House passed SB 344 with a vote of 144 to 8.
SB 384 offered by Sen. Balfour (R-Snellville) would change certain provisions relating to the permitting of limousine carriers by certain airports and limit fees for such permitting. SB 384 would provide that a chauffeur's permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations. SB 384 would also delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees. The House passed SB 384 with a vote of 146 to 0.
SB 387 offered by Sen. Staton (R-Macon) would allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors. SB 387 would require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot. The House passed SB 397 with a vote of 144 to 11.
SB 397 offered by Sen. Bulloch (R-Ochlocknee) would certain provisions regarding bond issuance and validation. The House passed SB 397 with a vote of 164 to 0.
SB 408 offered by Sen. Shafer (R-Duluth) would change certain provisions relating to local government franchising authority. The House did not pass SB 408 with a vote of 47 to 107. A motion to reconsider was made and will be done on the next legislative day.
SB 421 offered by Sen. Pearson (R-Dawsonville) would amend Code Section 16-9-4 of the O.C.G.A, relating to the crime of knowingly manufacturing, selling, or distributing false identification documents, so as to change the penalties for such offense based upon the age of the person convicted and the nature of the crime.
SB 483 offered by Sen. Harp (R-Midland) would amend Code Section 19-6-15 of the O.C.G.A, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions. SB 483 would change certain provisions relating to the process of calculating child support and provide for orders in cases involving family violence to change certain provisions relating to gross income and clarify military compensation and allowances as gross income. The House passed SB 483 with a vote of 162 to 1.
SB 523 offered by Sen. Moody (R-Alpharetta) would extend the date for automatic repeal of certain provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010. The House passed SB 523 with a vote of 164 to 0.
Agrees/Disagrees
- The House agreed to HB 77 which would repeal provisions relating to traffic-control signal monitoring devices.
- The House agreed to HB 1026 which would provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements.
- The House agreed to HB 1222 which would revise certain provisions for the 'Health Share' Volunteers in Medicine Act.
Senate Floor
- HB 1041, by Rep. Cooper (R-Marietta), proposes to require fingerprint record checks for applicants for licensure as a registered professional nurse. This Bill passed 51 to 1.
- HB 715, by Rep. Scott (R-Tifton), amends how county Division of Family and Children's Services Directors are appointed. Currently, the law states that a list is maintained by State Merit System of Personnel Administration. However, that entity no longer exists. Now, under this proposal, the county boards would recommend applicants to the Department of Human Resources Commissioner. HB 715 passed 50 to 2.
- HB 732, by Rep. Stephens (R-Savannah), would provide that investigators employed by the Composite State Board of Medical Examiners would be eligible for membership in the Peace Officers Annuity and Benefit Fund. This Bill passed 50-2.
- HB 1244, the proposal by Rep. Martin (R-Alpharetta), which would permit an income tax credit for a limited period of time for teleworking, passed 49 to 6.
- HR 1246, the Constitutional Amendment proposing "The Property Tax Reform Amendment," passed 46 to 7.
- HB 1126, by Rep. Horne (R-Newnan), proposing to amend the law governing downtown development authorities in order to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area , passed 49 to 3.
- HB 1243, by Rep. Lindsey (R-Atlanta), which proposes to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages by nonprofit organizations and proposes to provide that nonprofit organizations may conduct auctions of wine donated by certain persons under certain circumstances, passed 39 to 13.
- HB 241, by Rep. Chambers (R-Atlanta), passed 51 to 1. It establishes educational requirements for licensure of opticians including when those opticians are trained through an apprentice program rather than at a technical college.
- HB 649, by Rep. Smith (R-Nicholls), passed the Senate 50 to 0. This Bill establishes the Georgia Blueberry Commission.
- HB 673, by Rep. Hembree (R-Winston), amends Title 33 to require that an insurer must provide notice to a third-party that failure to use proceeds in accordance with a security agreement of the third-party and a lienholder may constitute a violation of Code Section 16-8-4. This Bill passed the Senate 50 to 0.
- HB 990, by Rep. Richardson (R-Hiram), proposes the Budget for FY 2009 (July 1, 2008 through June 30, 2009). Sen. Hill (R-Reidsville) presented the proposed plan for expenditures and the Bill passed 50 to 0. The Senate immediately transmitted the FY 2009 Budget to the House for agrees/disagrees. The House disagreed to the Senate's changes and sent HB 990 to conference committee.
- HB 1016, Rep. Lane (R-Statesboro), proposes management of "blue crabs" by the Commissioner of Natural Resources. This Bill passed 49 to 1.
- HB 1121, by Rep. Willard (R-Atlanta), proposed this Bill outlining insurance coverage requirements for condominium associations. This Bill passed the Senate 48 to 1.
- HB 1132, which would enact the Uniform Environmental Covenants Act, passed the Senate today with a vote of 44 to 1.
- HB1176 would extensively revise land conservation projects. HB 1176 passed 46 to 1.
- HB1186, which would change certain payment assessments to the Subsequent Injury Trust Fund, passed 46 to 1.
- HR1103 would create the Joint Study Committee on Teacher Training and Certification. HR 1103 passed 46 to 1.
- HR1310 would allow the State Properties Commission to enter into dispute agreements regarding real property in Butts, Lamar, and Monroe Counties. HR 1310 passed the Senate 43 to 1.
- HR1427, which dedicates the Robert S. "Bob" Boney State Prison, also passed the Senate 48 to 0.
- HB 358 would increase the amount of death benefits offered by the Sheriffs' Retirement Fund. HB 358 passed 47 to 0.
- HB 1105, by Rep. Sheldon (R-Dacula), proposes to require that hospitals must offer to inpatients who are 65 years of age and older the influenza and pneumonia vaccinations during "flu season." It was argued that Medicare pays for these vaccinations and it would not be a direct cost to the State or to the patient. This Bill passed the House 45 to 1.
Agrees/Disagrees
- SB 145, the Senate insisted on its position on this Legislation.
- SB 430, the Senate insisted on its amendment to this Legislation.
- HB 1055, the Senate insisted on its position to this Legislation.
- HB 99, the Senate insisted on its position to this Legislation.
- SR 845, the Senate adheres to disagreement on this Legislation.
- HB 1111, the Senate insisted on its position on this Legislation.
- SB 350, the Senate agreed to the House Substitute as Amended.
- HB 301, the Senate agreed with the House Substitute as Amended.
- HB 990, the Senate adhered to its position on this Legislation and appointed, Sen. Johnson (R-Savannah), Sen. Hill (R-Reidsville) and Sen. Williams (R-Lyons).
Committee News
House Special Committee on CON
The Committee did not take up SB 433, the proposal by Sen. Williams (R-Lyons) permitting a limited exemption from CON laws for Cancer Treatment Centers of America.
The Committee passed SB 490 the Certificate of Need Law Revision, dealing with replacement or relocation of nursing home facilities. It permits a nursing home to relocate within the same county rather than limited to three miles within the existing facility. It further permits a nursing home to divide into two smaller facilities, if the facility decides to replace itself.
House Health and Human Services Committee
Sen. Mullis (R-Chickamagua) presented a Substitute on SB 57, in an effort to provide standardized training for dialysis technicians. The Bill also creates at dialysis technician advisory council. While the Committee inquired if currently practicing dialysis technicians were to be "grandfathered" under this law. Sen. Mullis indicated that was one of the issues addressed and the Bill will move the state towards making certain that all facilities train these individuals.
The Committee also passed SB 479 in a Substitute form. This initiative addresses how ambulance licensing fees are paid to the Indigent Care Trust Fund. It requires an annual report on such fees to be made plus disclosure of Federal matching funds.
HR 1275, by Rep. Frazier (D-Hephzibah), was passed with an amendment. This creates the House Sickle Cell Anemia Study Committee. The amendment was to change the membership making it four members versus five members, to look at this issue.
SB 506, by Sen. Carter (R-Tifton) passed the Committee after being tabled. It creates the SHAPE Act in an effort to address childhood obesity.
The Committee also passed SB 549, Sen. Thomas' (R-Dalton) proposal on stroke care. The Legislation will be known as the Coverdell-Murphy Act.
Senate Governmental Oversight Committee
The latest version of HB 1234, by Rep. Channell (R-Greensboro), which proposes enactment of the Medicaid Care Management Organizations Act, passed out of the Committee this morning. It enumerates numerous prohibitions which a Care Management shall not do and provides instructions regarding processing claims for emergency health. It further provides protection to critical access hospitals and their contracts with Care Management Organizations, if any breach should occur. There are also processes enumerated regarding appeals on denied or under paid claims. It addresses how dentist may participate as a provider, including using credentialing criteria.
Please contact Stanley S. Jones, Jr. or Helen Sloat at 404-817-6000 for further information.
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.