March 09, 2009
Bill Would Establish a New Department of Health
Today, advocates working on ways to educate the public on Alzheimer's disease swarmed the State's Capitol. Additionally, school nurses were in abundance as $30 million in State dollars has been proposed to be stripped from the State's Budget to fund nurses in Georgia's schools. Nurses took the opportunity to work the House Appropriations Committee's Education Subcommittee on their appropriation, explaining the function of nurses in schools.
The Department of Human Resources "reorganization" got a hearing this morning on the Senate side. SB 222, by Sen. Renee Unterman (R-Buford), cleared the Senate Government Oversight Committee by a Substitute. Among the ideas contained in this Bill are:
- Establishment of a new Department of Health, abolishing the Department of Community Health, dedicated solely to health issues. Thus, this new Department would incorporate the Division of Public Health's and other functions such as:
- It would oversee epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders and disabilities and provide research, conduct investigations, and disseminate information to help reduce disease, disorders and disabilities
- Regulate and require use of sanitary facilities at construction sites and places of public assembly
- Isolate and treat persons afflicted with communicable diseases
- Procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities
- Emergency preparedness and response
- Prevent, detect and relieve physical defects and deformities
- Contract with county boards of health to assist in performance of services
- Conduct health inspections
- Enforce rules and regulations for licensing of medical facilities wherein abortion procedures are performed
- Creates the Department of Human Services, eliminating the current Department of Human Resources. In this new Department would remain everything as is currently housed in the Department of Human Resources except Division of Mental Health, Developmental Disabilities and Addictive Diseases, Division of Public Health, and Office of Regulatory Services.
- Creates the Department of Behavioral Health which will incorporate what is presently in the Division of Mental Health, Developmental Disabilities and Addictive Diseases.
Floor News
Senate
SB 75 easily cleared the Senate this afternoon with a vote of 51 to zero. This Bill has been dubbed the "Landowners Protection Act of 2009" by Sen. Heath (R-Bremen). Among provisions included in this Legislation as it passed the Senate are permissions that a landowner, who charges admission for a person who is 16 or older to hunt or fish on that person's property or enter the property for the purposes of "agritourism" will be immune from civil liability for any acts done by that person on the property. There are some stipulations provided including the landowner's conduct does not constitute "gross negligence" or willful and wanton misconduct. The property also has to be "posted" at its main entry point with a warning, which is specifically provided for in the legislation.
SB 196 also passed the Senate by a vote of 48 to 2. This Bill amends a couple of sections of the law governing motor vehicle accidents. It adds a new Code Section at O.C.G.A. § 40-5-57.3:
(a) The driver's license of any person who is convicted for a second or subsequent offense of violating Code Section 40-6-77 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be suspended for 30 days. The person shall submit his or her driver's license to the court upon conviction and the court shall forward the driver's license to the department.
(b) After the suspension period and the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person's driver's license to such person.
Further, it revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products in O.C.G.A. § 40-6-77 adding a minimum $500 fine for second or more offenses and imprisonment minimum of at least 10 days in jail.
SB 213 was presented by Sen. Wiles (R-Marietta) addressing a "clarification" of the current law on liability in tort actions. It passed without discussion by a vote of 52 to zero. SB 213 amends O.C.G.A. § 51-1-11 concerning when "privity" is required to support a products liability action. In his Bill, it adds two new subparagraphs:
d) Irrespective of privity, a manufacturer shall not be held liable for the manufacture of a product alleged to be defective based on theories of market share or enterprise, or other theories of industry-wide liability.
(e) Irrespective of privity, a manufacturer of a product alleged to be defective shall not be held liable for a public nuisance based on theories of market share or enterprise, or other theories of industry-wide liability.
SR 12 was explained by Sen. Pearson (R-Dawsonville) authorizing a Constitutional Amendment to permit a "reward" to the first commercial oil and natural gas well to be found in Georgia. This Constitutional Amendment would address Georgia's prohibitions on gratuities being paid which is not permitted as it would look like taxpayers' taxes were being used to fund some special interest. A State law regarding this issue was added to the Code in the 1950s at O.C.G.A. § 12-4-20 and this Constitutional Amendment would permit voters to make the decision on making a reward for such exploration efforts. It passed by a vote of 39 to 12.
SR 109, by Sen. Tolleson (R-Perry), also passed the Senate by a vote of 50 to 1. It proposes the creation of a Joint Study Committee on the Retrofitting of Diesel Engines.
SR 152, presented by Sen. Weber (R-Dunwoody), cleared the Senate. It urges the Governor to appoint a working group to study the establishment of the Governor's Academies. This establishment of these academies came about through a work group created in July 2008 called "Tough Choices Tough Times."
SR 153 cleared its way through the Senate. Sen. Weber (R-Dunwoody) presented this initiative proposing a Constitutional Amendment for the creation and regulation of Education Improvement Districts. This Resolution received a passing vote of 51 to 1.
SR 173 passed by a vote of 52 to 1 after the author struggled through its presentation. Sen. Lester Jackson (D-Savannah), in his first time in the Senate Well, explained his Resolution which urges the Board of Regents to explore the offering of a teacher education program at each of the State's universities that are offering four-year degree programs. Senate Colleagues asked him lots of questions and poked fun at the Senator on his first attempt in presenting legislation.
The individual which brought Georgia the Field Trials (with champion pointer dogs) was recognized today with the naming of the "Lamar Mobley Memorial Barn" by the Senate. SR 333 makes this "naming" which will now be required by the House and Governor to approve.
House
The House moved to disagree with the Senate Substitute to HB 118, the Amended FY 2009 Budget, sending it to Conference Committee. Conferees will meet on Tuesday morning at 8:30 a.m. to begin hashing out differences contained in the Budget.
Another important piece of Legislation moved off of the House floor today by a vote of 113 to 52. HB 160, the "Super Speeder Bill", would impose an increased fine of $200 for drivers who get caught going 85mph or more on highways and 75mph or more on two-lane roads. The additional funding raised from the increased fine would be used to improve the trauma care network throughout the State. Trauma funding has been an initiative of Governor Perdue's during his term as Governor. Perdue's Floor Leader, Rep. Cole (R-Forsyth), who carried the Bill, cited that he hopes to see this Legislation modify behavior, not simply collect funding. Rep. Collins (R-Gainesville) offered an amendment that was ruled non-germane by the Speaker.
HB 452, offered by Rep. Buckner (D-Jonesboro), would provide for a statement of legislative intent for post-retirement benefit adjustments. This Bill passed 127 to zero.
HB 333, authored by Rep. Knight (R-Griffin), exempts the Georgia Building Authority from certain sales and use taxes. HB 333 passed 153 to zero.
HB 318, offered by Rep. McCall (R-Elberton), changes certain provisions in relation to the place of return for tax purposes on motor vehicles. HB 318 passed 154 to zero.
HB 227 addresses confidentiality for elections. Rep. Dempsey (R- Rome) proposed this Legislation, which passed 155 to 3.
HB 195 provides for the qualification of electric membership corporation members to serve on trial juries when certain circumstances are present in cases in which the electric membership corporation is a party or is interested. Such service would be provided if "the judge in such case finds that the nature of the case or that the circumstances surrounding a potential juror's membership in an electric membership corporation may cause a potential juror to have a bias or prejudice for or against the electric membership corporation in that case, the judge may grant a party's motion to disqualify such member for cause." HB 195 passed 152 to zero.
HB 306 provides for an electronic pretrial release and monitoring program for defendants. HB 306, sponsored by Rep. Walker (R-Loganville), passed the House 153 to zero.
HB 400, offered by Rep. Millar (R-Dunwoody), would enact "Building Resourceful Individuals to Develop Georgia's Economy Act." HB 400 passed 153 to 2.
HB 488, offered by Rep. Meadows (R-Canton), provides for certain eligibility criteria for creditable service in relation to the Superior Court Clerks' Retirement Fund of Georgia. HB 488 passed the House 159 to zero.
Rep. Davis (R-McDonough) authored HB 344, which would permit the Department of Corrections to collect additional fees for probation. This Bill passed 102 to 58.
HB 368, authored by Rep. Stephens (R-Savannah), is the annual housekeeping Bill for controlled substances, allowing for new Federal Drug Administration approvals to be codified into state law as "dangerous drugs." This Legislation passed 151 to zero.
New Legislation
SR 510 – Sen. Rogers (R-Woodstock) proposed an amendment to the Constitution at Article VII, Section IV, to allow the State Properties Commission and the Board of Regents of the University System of Georgia to enter into multiyear rental agreements without requiring appropriations in the current fiscal year for the total amount of rents that would be due under the entire agreement. This would allow for the Commission and the Board to negotiate for a reduction in rental rates.
SR 513 – Sen. Mullis (R-Chickamauga) offered the following Resolution which creates the Georgia State Fire Services Study Committee. This Study Committee would look at combining state fire services to help eliminate confusion, create consistencies, and avoid delays in the administration of services and preserve state resources and funds.
HB 707 – Rep. Bearden (R-Villa Rica) authored this sales and use tax exemption for the sale of ammunition and ammunition components used in pistols, rifles and shotguns in O.C.G.A. § 48-8-3(87). It would be sunset on July 1, 2012, if passed and signed into law.
HB 708 – Rep. Abdul-Salaam (D-Riverdale) proposed changes to Article 2 of Chapter 13 of Title 16, relating to the regulation of controlled substances. This new language would make it unlawful for any person knowingly to sell, distribute, or advertise any food product bearing on the packaging or labeling the name of any Schedule II controlled substances.
HB 716 – Rep. May (R-Monroe) offered this new Article 4 for Chapter 2 of Title 8 to provide that before agreeing in the participation of the federal Section 8, Housing Choice Voucher Program, a landlord, property manager, or owner of the property must provide a written notice in the form of an advertisement in the legal organ of the county where the property is located. A homeowners' association is also to be notified.
HR 579 – Rep. Scott (R-Tifton) authored this Resolution proposing the Joint Study Committee on Sales and Use Tax Simplification looking at the amount of money the sales tax generates for the State's Budget; collection of the tax by vendors; collection of the tax by remote vendors; legal obligation to pay such taxes on sales made on the Internet; etc. It would be an eight member Study Committee comprised of four members each from the House and Senate. If passed, this Committee would conclude its work on December 1, 2009 and make a report on its findings and recommendations.
HR 584 – Rep. Smyre (D-Columbus) and fellow members of the Columbus Delegation offered this Resolution commending Tom Buck for his public service. Mr. Buck is a former member of the Georgia House of Representatives who served as Chairman of the Committee on Appropriations as well as the Committee on Ways and Means. The Resolution also stated that a portion of SR 22 Spur from US 27 to Brown Avenue be dedicated as the Tom Buck Parkway.
Committee News
Senate Finance Committee
A new version of SB 240 has reported out of Senate Finance Committee. It amends the arbitration procedures relating to the appeal of assessments of ad valorem taxes in Chapter 5 of Title 48. It now permits a single arbitrator to make these decisions. The taxpayer has to provide, prior to the appointment of the arbitrator, a copy of the value determined by a professional real estate appraiser to the board of assessors for consideration. If the board accepts this appraisal, then that decision becomes final and the arbitrator will not be appointed. It further outlines how the arbitrator is to determine the value. Appeals to superior courts are still permitted.
Senate Health and Human Services Committee
Committee Chair Don Thomas, M.D. (R-Dalton) conducted a spirited committee meeting enlivened by SB 204, the Bill dealing with stem cell research on human embryos and limits of the implantation of fertilized embryos in cases of infertility. Sen. Preston Smith (R-Rome) brought forward a Committee Substitute which he had worked out earlier Monday in his special subcommittee. Sen. Smith focused primarily on a prohibition on the destruction or sale of fertilized embryos for stem cell research rather than severe limits of the number of embryos that can be implanted. Sen. Hudgens (R-Hull), the Bill's author, brought an amendment to clarify that embryos can be frozen for future use by couples. The Baptist Convention, Catholic Archdiocese and Christian Coalition spoke in favor of the Bill, while some universities and women's groups spoke against it. Long-time lobbyist Rusty Kidd, candidate for regenerative back surgery, spoke passionately against it, urging Georgia not to be anti-science. After testimony and the acceptance of clarifying amendments by Sen. Smith, Sen. Adelman (D-Atlanta) moved to table the revised Bill. That motion failed with a vote of 6 to 7, and the Bill was then given a do pass recommendation with a vote of 7 to 6.
This debate followed calm passage of the following Bills and Resolutions:
SB 252 to certify technicians working in sleep labs under physicians' direct or telephonic supervision by the State Board of Medical Examiners;
SB 244 to amend the nurse practice act for the administration of certain health maintenance activities in group living situations by trained non nursing caregiver;
SR 331 establishing another health care transformation Senate Study Committee by Sen. Judson Hill (R-Marietta); and
SR 506 establishing a Senate Study Committee on Mental Health Care.
Senate Insurance and Labor Committee
After several minutes of waiting, it was deemed no quorum could be found and the meeting was canceled. This meeting time was the last opportunity for a Bill, assigned to this Committee, to be called prior to cross over day on Day 30 (Thursday).
Senate Education and Youth Committee
After struggling to get a quorum present, including calls and searches of offices for Senators, Sen. Don Thomas (R-Dalton) and vice chair of this Committee, called a group to order and moved swiftly in the passage of two proposals by Sen. Gail Buckner (D-Jonesboro). SR 406 passed out of the Committee which would hopefully address situations such as the one in Clayton County where a system loses accreditation. Her Resolution specifically urges "educational agencies, associations, boards, and commissions involved in the accreditation process for school systems in grades kindergarten through 12 to adopt policies and procedures that permit a fair opportunity for school systems to submit necessary documentation." SB 36 also passed out of the Committee favorably which proposes to mandate that school boards adopt ethics policies which would be reviewed annually and the public would be made aware of findings.
Senate Public Safety and Homeland Security Committee
Sen. Murphy (R-Cumming), the Chair of this Committee, proceeded in moving two initiatives out of his Committee this afternoon. SB 250 (the initiative which redefines what is considered disruption in school) and SB 253 (the Bill defining pyrotechnics used in concerts and shows and prohibiting their use indoors) both passed with favorable recommendations. Neither bill had much discussion.
Senate Science and Technology Committee
SB 130 was reported out by Committee Substitute from the Senate Science and Technology Committee. This Bill creates the "Electronic Lease-Purchase of Goods Act" in Article 23A of Chapter 1 of Title 10. It is designed to put in protections and safeguards of consumer private information. It would require a "lessor" to utilize the "best available data protection practices in the electronic lease-purchase of goods consistent in all respects with the following:1) data collected shall be used only for the specific purpose for which it is collected and shall be relevant and not excessive in relation to the purpose for which it is collected; 2) a lessee shall expressly consent to the use of electronic communication, including electronic processing and retention of personal data for purposes of this article; 3) a lessor shall take appropriate technical and organizational measures against unauthorized or unlawful processing of personal information and against accidental loss, theft, or destruction of, or damage to, a lessee's personal data, consistent with all applicable state and federal laws; 4) a lessee shall be provided with information about safeguards in place designed to protect personal information submitted electronically; and 5) a lessee shall have a means of updating personal information on file with a lessor."
House Rules Committee
The House Rules Committee set the following calendar for the 29th Legislative Day:
HB 315 requires that certain disclosures be made in writing by real estate brokers and salespersons. This Bill requires that the amounts of referral fees shall be disclosed.
HB 324, relating to state courts; requires payment of costs of an appeal.
HB 550, provides for an additional method of payment by mutual life insurers.
HB 552 tightens water well standards for contractors or drillers.
HB 245 relating to delinquent or unruly children allows for an increase in the maximum number of days that a child be ordered to serve after July 1, 2011. Under this change the maximum would be 60 days.
HB 254 relates to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents, to provide for notice, and to provide that the court shall order the disclosure of adult relatives of such child.
HB 115 requires additional identifying information to meet the state licensing requirements in relation to distilled spirits.
HB 123 expands the definition of child molestation to include, "by means of an electronic device, transmits images of such person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person."
HB 168 seeks to modernize telecommunications competition by eliminating artificial and outdated subsidy mechanisms in the form of contributions to the Universal Access Fund.
HB 303 authorizes solicitors-general and assistant solicitors-general to have access to child abuse records for official purposes.
HB 381 changes provisions to "Georgia Food Act" enforcement, allowing county officials to act as an agent to the Department of Agriculture.
HB 473 provides provisions for the Department of Community Affairs to provide grants for clean energy properties.
HB 57 relates to motor vehicles, allowing the Department of Revenue to administer the federal Unified Carrier Registration Act of 2005.
HB 523 requires prescriptions drugs to have brand necessary indications apply to refills.
HB 228 reestablishes and reorganizes state health and human services agencies.
HB 438 relates to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects.
HB 441 provides for the expedited payment of sales and use tax refund claims secured by a satisfactory bond.
HB 434 provides that dependent children of military personnel stationed in Georgia on active duty shall be deemed to meet the residency requirements for purposes of HOPE scholarships and grants.
HB 485 provides for alternative tax credits for base year port traffic.
House Appropriations Committee
What commenced as a Bill by Rep. Rice (R-Norcross) to require grant recipients to comply with certain provisions of law as a prerequisite for awarding a grant in O.C.G.A. 28-5-123, became a Bill to provide that the Department of Transportation not be permitted to fund Local Assistance Road Program projects submitted by counties and municipalities which were not complying with employee and public benefit requirements. This newest version of HB 2 requires the county or municipality to comply with O.C.G.A. § 13-10-91 (security and immigration compliance to make sure the person(s) are legal) and O.C.G.A. § 50-36-1 (verification of lawful presence in the United States). The newest version is now written in O.C.G.A. § 32-2-9 and O.C.G.A. § 50-36-1.
Community Health Subcommittee
Rep. Mickey Channell's Community Health Subcommittee heard from Commissioner Rhonda Medows and the Department's CFO Carie Summers who explained the Governor's revised Budget cuts for 2010. The Governor has proposed that the 2008 rate increases for providers be deferred again; that hospitals be cut an additional ten percent; and other providers receive an additional six percent cut. The private disproportionate share hospitals ("DSH") and trauma funding are also cut. These cuts are arguably necessary because there is no HMO or hospital provider fee revenue available.
Reps. Channell, Gardner (D-Atlanta), Shaw (D-Lakeland) and Hugley (D-Columbus) asked why the Governor was not drawing down all stimulus package Medicaid revenue and why such revenue was not being used solely for Medicaid. Dr. Medows acknowledged the effects on rural hospitals and said she did not have responsibility for choices made about other priorities. The Subcommittee was working hard to understand the math of the Governor's proposals and was visibly upset that Medicaid funds were being forfeited and providers hurt. Dr. Medows stated that the Governor's proposals put the hospitals, HMO, and tobacco taxes back on the table as possible sources of revenue.
Education Subcommittee
Rep. Lindsey (R-Atlanta) chaired this Subcommittee meeting which encompassed presentations made by the Department of Education on various FY 2010 Budget cuts and changes and advocates. Scott Austensen, with the Department, provided some additional detail to the Subcommittee on numerous program areas:
- The $75,000 cut to Governor's Honors which will actually not reduce the numbers of children served in the program but be achieved through a $25,000 contract reduction with Valdosta State University and additional savings through travel to support this program.
- National Board Certification of teachers funding will be eliminated entirely. The Subcommittee raised questions regarding this idea, which the Department stated was not theirs. Legislation has been proposed for teachers to get boosts in pay, using federal money, beginning in 2011. Rep. Amerson (R-Dahlonega) told the Department this was difficult to "eat" as lawmakers had encouraged teachers to get their national certification. This cut was due to the difficulty with revenue per Mr. Austensen. The goal is to move towards performance-based pay and the Department is working with the Professional Standards Commission on streamlining the application process for national certification.
- Non-Quality Basic Education Program had discussion because of a couple of areas. More money is needed, according to the Department, for special needs scholarships (based on SB 10). There will be shortfall in money. Additionally, the Department fielded some questions from Rep. Amerson (R-Dahlonega) about the funding for residential treatment centers. Mr. Austensen outlined that these centers taking on basically "wards" of the State get money from "QBE" and these grant dollars for non-QBE funds because of SB 618 which passed a couple of years ago. These children in these centers are funded their local share with a $4.1 million grant. The Governor had proposed cutting the centers originally by $410,000.
- School nutrition also came up in discussion. For the most part, federal money is used for this program. However, lunchroom supervisors are provided some "sick days" using State funds. The proposal is to eliminate these State funds, making the local school boards responsible for that money.
In the public hearing portion of this meeting, School Nurses addressed the Subcommittee informing the Members the importance of nurses in schools (no longer just the persons to place bandaids on cuts). The $30 million reduction is most difficult and Rep. Lindsey acknowledged that it was a serious problem. School nurses had a petition with them which had been signed by more than 13,000 Georgians.
Normer Adams, with the Georgia Association of Homes and Services for Children, and Penny Honeycutt, with Inner Harbour Hospital, spoke in favor of full funding for the residential treatment centers through the grants permitted in SB 618.
Dexter Mills and Rodney Williams asked the Subcommittee to spare cuts proposed to the educational RESAs which have partnered with the Department of Education working on the roll out of performance standards, leader evaluations, increasing graduation rates, etc.
Representatives of PAGE and GAE, the two professional associations for teachers, also spoke about the proposed cuts and asking for full funding, including supporting national board certification boosts in pay.
House Judiciary-Ralston Subcommittee (Civil)
HB 206, authored by Rep. Day (R-Tybee Island), which would enact the "Georgia Agency Accountability Act." This Act would require each state agency, over the next two years, to review and evaluate statutory provisions applicable to each state agency and the associated costs. Rep. Day feels that this would steer agencies to get more in tune with their core goal. HB 206 passed out of the Subcommittee and now goes onto the full Judiciary Committee.
Rep. Gardener (D-Atlanta) presented HB 339, which provides advance directives for mental health patients. Rep. Gardener stated that this is a therapeutic tool for a person with mental illness to plan their therapy and recovery if a crisis arises; allowing the consumer to have more control. This Legislation came at the request of the mental health advocates. Immunity language is provided in the Committee Substitute for physicians and hospitals. HB 339 also passed out of Subcommittee and onto the full Judiciary Committee.
House Judiciary Committee
A Committee Substitute cleared its way on HR 178, the Constitutional Amendment to allow the enforcement of contracts "that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, geographic area, and line of business." It would also permit the courts to modify there contracts to achieve the intent of the contracting parties. This Amendment is proposed at Article III, Section VI by revising subparagraph (c) of Paragraph V.
The "Option of Adoption Act" cleared the Committee. This initiative is HB 388 and caused a lot of discussion. It provides for the "legal embryo custodian" and how that custodian may relinquish rights. "Embryo relinquishment" or "legal transfer of rights to an embryo" means "the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo and the acceptance of such rights and responsibilities by a recipient intended parent." "Legal embryo custodian" is proposed to mean "the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person or persons." "Recipient intended parent" is that "person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer." Prior to the birth of a child or following the birth of a child, this would permit a "recipient intended parent" the ability to petition the superior court for an expedited order of adoption or parentage. The written contract between each legal embryo custodian and each "recipient intended parent" would be accepted in lieu of a surrender of rights.
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.