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AJC.com > Legislature > Georgia Beat > Archives > 2005 > February
February 2005
Redrawn Congressional districts won’t be ‘bizarre shapes,’ says Senate
The Atlanta Journal-Constitution
Senate Democrats were today unable to amend a measure changing the state’s Congressional voting districts.
Sen. Chip Rogers (R-Woodstock), chairman of the reapportionment committee, introduced Senate Resolution 166, which would set guidelines for redrawing the state’s 13 Congressional districts.
The resolution passed by a vote of 36-16.
The bill reads that, “all districts shall be compact in form. Bizarre shapes shall be avoided.” It also mandates districts be composed of contiguous territory and that districts should divide as few counties and recognized political boundaries as possible.
Sen. Doug Stoner (D-Smyrna) offered an amendment, which would establish an independent commission to review redistricting plans. The commission would have to approve any map by three-fourths of the members. It failed 32-20. Stoner proposed a second amendment, which sought to stop any redistricting efforts prior to 2011. The measure also failed 32-20.
The Senate also voted 48-1 in favor of a bill introduced by Sen. Joseph Carter (R-Tifton) that would prohibit smoking on school buses and vans. The Senate approved an amendment that clarifies the bill does not apply to the personal vehicles of teachers and staff.
The Senate adjourned until 1 p.m. Wednesday.
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Senate votes to rename office building for late U.S. Sen. Coverdell
The Atlanta Journal-Constitution
The state Senate voted 47-3 this morning to name the state’s Legislative Office Building in his honor.
Earlier this year, House Majority Leader Jerry Keen (R-St. Simons Island) proposed to rename the building. The office building is on Mitchell Street across from the Capitol.
Coverdell held the No. 5 position in the Senate Republican leadership, but his roots were in the Georgia General Assembly. He was instrumental in developing the Georgia GOP, beginning his state Senate career in 1970 when there were only five GOP senators.
Coverdell died in 2000 at age 61 of complications from a massive stroke.
Several other bills are on the Senate calendar Friday, including Senate Bill 140, a measure that would reduce the maximum eligibility income limits for the state’s PeachCare medical program.
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House honors slain Douglas County deputy
The Atlanta Journal-Constitution
The Georgia House opened its session today on a somber note, holding a moment of silence for slain Douglas County Sheriff’s Deputy Blake Gammill.
State Rep. Tim Bearden (R-Villa Rica) fought back tears as he told lawmakers about the circumstances of Gammill’s slaying and his personal affection for him.
“I know personally he was a fine officer and a well-respected officer,” said Bearden, who was 2003 Officer of the Year for the City of Douglasville Police Department.
Police say Gammill was shot by homeowner Gerald Greene when Gammill and other officers went to arrest Jimmy Bilbo, a former county deputy and stepson of Greene who was free on bond and awaiting trial on child molestation charges.
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Economic development ‘secrecy’ bill tabled by Senate
The Atlanta Journal-Constitution
A controversial bill to shield government negotiations on economic development projects from public disclosure stalled in the Senate Thursday afternoon after more than an hour of discussion.
“This bill levels the playing field in the entire state so Georgia can compete better for jobs,” said Sen. Jeff Mullis (R-Chickamauga), chairman of the Senate economic development committee.
House Bill 218 was tabled, a parliamentary move that sets the measure aside for later consideration, apparently because its passage was in doubt. The bill, introduced by Rep. Ron Stephens (R-Garden City), had overwhelmingly passed the House by a vote of 118-52. Mullis said the bill probably will not return to the Senate floor for debate and a vote this week.
Critics of the bill have expressed concern that the bill could lead to widespread secrecy in industrial recruitment.
Senate President Pro Tem Eric Johnson (R-Savannah) offered an amendment to the bill that exempts only projects handled by the state’s official economic development arm from the confidentiality shield. Local economic development groups would not have the same privilege.
“We constantly walk a fine line between trusting our elected officials to perform their public duties with integrity and protecting the citizens they serve from the potential of abuse,” Johnson said. He said that HB 218, if amended, would be a “first step” in seeing if the bill helps the state lure businesses.
Another proposed amendment to the bill states that economic development projects that require zoning changes or environmental permits will not be exempt from public disclosure.
The bill’s supporters argued that other states had an unfair advantage over Georgia because they could negotiate with businesses in confidence.
“Why does this state allow itself to be abused by neighboring states so they can come and see what we’re doing, but in response they can run home in secrecy?” said Sen. John Douglas (R-Covington). “We know the state of Virginia is in town looking for records on economic development in Georgia. How can we in good faith put our state in a position to be the victim of other states doing that?”
Mullis had strong words about press coverage of the bill.
“This bill has been hijacked by the Atlanta media,” Mullis said. “It has been unfairly spun out of control like a top on a table.”
The Georgia Press Association released a statement saying that the proposed Senate amendments improved the bill substantially.
“While the Georgia Press Association does not support the concept of closing records to public disclosure, the proposed amendment offered by Senator Johnson on HB 218 does address the primary concern with the legislation, which is that of local documents being concealed from local citizens and the media.”
But the amendments were never voted on. Mullis interrupted the debate to ask to table the bill.
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Senate to take up ‘secrecy’ bill this afternoon
The Atlanta Journal-Constitution
The Georgia Senate breezed through five non-controversial bills this morning. Two of the bills were technical and corrected inconsistencies in the Georgia Code.
The Senate also approved SB 144, a measure that creates a Georgia Rural Development Council, and SR 21, a resolution that creates a Joint Early Learning Initiative Commission.
The Senate went in to recess at 11:40 a.m. and will reconvene at 1 p.m. Then, the Senate is scheduled to debate House Bill 218, a highly controversial measure that would keep secret the negotiations of state planners and nearly 900 local economic development agencies until their efforts are completed or shelved.
The measure passed by a vote of 118-52 in the House.
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Legislation requires doctor’s affidavit in asbestos lawsuits
The Atlanta Journal-Constitution
The House today passed legislation establishing new guidelines for asbestos and silica lawsuits.
One major provision in HB 416, sponsored by Rep. David Ralston (R-Lookout Mountain), would require the suing party to have a sworn affidavit from a doctor on the physical conditions created by exposure to asbestos or silica.
This would extend to current cases, although the plaintiff would have 120 days after the bill is signed to file the doctor’s affidavit.
The bill, which drew several questions on the floor, passed 156-0. The bill now goes to the state Senate for consideration.
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Measure would rename youth prison for Clayton judge
The Atlanta Journal-Constitution
The Georgia House unanimously voted today to rename a youth prison for former Clayton County Juvenile Court Judge Martha K. Glaze.
Glaze retired form the Clayton bench in 1999 and now serves as a senior judge.
If the bill passes the Senate and is signed by the governor, the Clayton Regional Youth Detention Center in Lovejoy will be renamed the Martha K. Glaze Regional Youth Detention Center.
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Bill aims to block disclosure of cell phone numbers
The Atlanta Journal-Constitution
Gov. Sonny Perdue’s measure to prevent wireless companies from disclosing the cell phone numbers of customers in a national directory without their consent cleared the Senate with no debate Wednesday.
The chamber voted 48-0 in favor of the measure sponsored by Sen. David Shafer (R-Duluth).
Under Senate Bill 46, wireless companies can not charge customers for refusing to have their number published in the directory. It also requires companies to clearly inform subscribers that if they agree to have their number published, they will be charged for both solicited and unsolicited calls under the terms of the wireless plan.
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Senate passes bill requiring video game retailers post ratings
The Atlanta Journal-Constitution
The Senate Science and Technology Committee on Wednesday approved Senate Bill 106, a measure requiring retailers to post conspicuous signs explaining the rating system for video games.
The Entertainment Software Rating Board, a non-profit organization that reviews video game content, has five categories for games: Early Childhood, Everyone, Teen, Mature (17+), and Adults Only (18+).
The bill passed with two amendments; one would make retailers who violate the law guilty of a civil offense instead of a criminal one. The second amendment exempts arcade owners from having to post the ratings signs.
Sen. Doug Stoner (D-Smyrna), the bill’s sponsor, said parents are sometimes unaware of the graphic violent and sexual content of some of the most popular electronic games on the market.
Senate Bill 105, a related measure proposed by Stoner that would ban the sale or rental of violent video games to minors under age 17, is under review by a three-member Science and Technology subcommittee.
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Former governors, lawmakers pay tribute to Vandiver
The Atlanta Journal-Constitution
Georgia’s former governors and current state lawmakers paid tribute today to late Gov. S. Ernest Vandiver Jr. at the Capitol, where the one-time segregationist helped clear the way for peaceful integration of state schools more than 40 years ago.
The body of Vandiver, who died late Monday, will lie in state at the Capitol from 11 a.m. until 2 p.m. today. His funeral will be 11 a.m. Thursday at Lavonia First Baptist Church.
Vandiver’s flag-draped coffin was carried up the Capitol steps and into the rotunda this morning as a lone bagpiper played “Rowan Tree.”
State lawmakers lined both sides of the walkway, many with their hands over their hearts as Vandiver’s family followed in procession behind the casket.
Gov. Sonny Perdue and his wife, Mary, met the hearse carrying the late governor. Perdue was joined Lt. Gov. Mark Taylor and former Govs. Roy Barnes, Carl Sanders, Jimmy Carter, his wife, Rosalyn, and former U.S. Attorney General Griffin Bell, a Vandiver aide.
Vandiver was governor from 1959 to 1963, a turbulent time when he allowed the University of Georgia to be integrated.
“He did much to lift up Georgia and its people,” Perdue said of Vandiver during a brief Capitol ceremony. “He was very much an agent of progress and an example of moral courage during a difficult period in Georgia’s history.”
State Sen. Ed Harbison (D-Columbus), the former chairman of the Legislative Black Caucus echoed Perdue’s remarks in an interview before the service.
“Gov. Vandiver was a gentleman and he did facilitate intergration,” said Harbison. “It took a pretty good man to take a stand like that, especially in the face of so much pressure to go in the other direction.”
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Senate bill prohibits sales on public transportation
The Atlanta Journal-Constitution
The Senate met for 90 minutes this morning before going into recess to honor late Gov. S. Ernest Vandiver Jr.
During the quick session, the Senate voted 47-0 in favor of a bill prohibiting people from selling goods and services to passengers on public transportation.
Sen. David Adelman (D-Atlanta) said the bill would not prevent community groups or individuals from handing out flyers or newsletters. He said the bill bans only the sale of unauthorized commercial literature. The bill also prohibits the solicitation of money on public buses and trains.
The Senate reconvenes Wednesday at 2 p.m. Several bills are on the calendar for debate, including Senate Bill 90, a measure to ban smoking in all indoor, public areas in Georgia. Senate Bill 35, a measure that pertains to charter schools and class size, also is scheduled for debate.
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Green tree frog makes small hop toward honor
The Atlanta Journal-Constitution
The green tree frog took a small hop toward becoming the official state amphibian Tuesday.
Students from Armuchee Elementary School near Rome in northeast Georgia came up with the idea to honor the creature in 2003 after learning the state has an official flower, bird, fish, tree, insect, marine mammal, reptile, fossil, gem, vegetable, fruit, wildflower, crop and seashell — but no state amphibian.
But the bill failed to pass.
Sen. Preston Smith (R-Rome) renewed the effort this year. On Tuesday the Senate, where the bill has stalled in the past, unanimously approved the little fella’s status as official amphibian.
Smith’s bill now goes to the House for consideration.
— Carlos Campos
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Bill blocks Atlanta’s ‘living wage’ ordinance
The Atlanta Journal-Constitution
The House easily passed legislation aimed at keeping the city of Atlanta from giving preferences to contractors who pay their employees a “living wage” of at least $10.50 per hour.
The bill passed the House 105-57 and now heads to the Senate.
Lawmakers in 2004 made mandatory living wage laws illegal, which is one reason Atlanta recently opted for voluntary compliance.
The city’s measure applies only to companies offering services, such as cleaning and security. The city’s living wage is more than double the federal minimum wage of $5.15 an hour. Most contractors at Hartsfield-Jackson International Airport, which the city owns, are exempt.
Nonetheless, Rep. Earl Ehrhart (R-Powder Springs), the House bill’s sponsor, said, “It’s about as voluntary as a brick bat.”
Rep. Douglas Dean (D-Atlanta), said Ehrhart’s bill attacks the concept of home rule. Cities, he said, should be able to make ordinances without being dictated to by the state.
“This sends the wrong message to the people of Atlanta and the people of this state,” Dean said.
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House votes to limit HOPE to 127 credits
The Atlanta Journal-Constitution
Thousands of future HOPE scholars in college programs that require more than 127 credits to earn a degree would have to pay for some of their classes under legislation that overwhelmingly passed the House Tuesday, even if they maintain good grades.
The measure passed 93-76 and will now be considered by the Senate.
The legislation, being pushed by Rep. Bill Hembree (R-Douglasville), chairman of the House Higher Education Committee, would pay students receiving a HOPE scholarship for 127 credit hours, even if their degrees demand more credits to earn a diploma. It would take effect for students enrolling next fall.
“This is an issue of fairness. All programs and all HOPE scholars should be equal,” Hembree told members of the House.
About 7,300 of the 120,000 HOPE scholars in public and private colleges in Georgia currently are in programs that require more than 127 credits to graduate, including more than 2,000 in Georgia Tech’s engineering programs.
Some Democrats opposed the measure, saying students in those programs deserve to be able to finish their degrees on HOPE if they can keep up their grades.
“Let’s vote for the students of this state who are willing to work a little harder and have earned that HOPE scholarship,” said House Minority Leader DuBose Porter (D-Dublin). “This is not abuse when you enter a harder career track and it takes more hours. It is wrong to come in here and take that away.”
Full-time public college students with HOPE scholarships get full tuition, mandatory fees and a book allowance if they have a 3.0 grade point average.
Hembree said some of the lengthy degree programs offer students a chance to earn both a bachelor’s and a master’s degree. For instance, officials said Georgia Southern University has nursing and accounting programs in which students earn both bachelor’s and master’s degree, and HOPE pays for 150 hours.
Typically, bachelor’s degrees take about 120 credit hours, so HOPE is paying for an extra 30 credits. With the program looking to cut costs, officials recommend the change because Hembree said HOPE wasn’t designed to pay for master’s degrees. He presented letters from the presidents of the University of Georgia, Georgia State, Georgia Tech and Georgia Southern and the chancellor of the University System of Georgia supporting the bill.
Rep. Chuck Martin (R-Alpharetta), noted that in many cases, students would still be able to complete their degrees on HOPE. If students start their final year just short of the 127-credit limit, they would be allowed to take a few more classes on HOPE to graduate.
However, Rep. Terry Coleman (D-Eastman), noted that some students might be advised to take the wrong classes in college, or may not have credits transfer when they switch schools, or may run up against the HOPE limit if they switch majors.
“The problem is that this [bill] is intended for a perfect world. We don’t live in a perfect world,” Coleman said. “If you vote for this bill, you are going to get kicked around at home.”
Rep. Amos Amerson (R-Dahlonega), who taught at North Georgia College and State University, said some students take advantage of HOPE by taking extra courses or regularly switching degree programs.
“Students in college are not dumb,” he said. “They know how to work the system.”
Hembree has also filed legislation to keep students at for-profit private colleges from receiving the state’s Tuition Equalization Grant, a $900 per student subsidy.
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Bill requires 16-year-olds to take driver’s ed for license
The Atlanta Journal-Constitution
Concerned parents and students joined state lawmakers Friday to announce a bill that would require teenagers to take driver’s education in order to get a license at age 16. Otherwise, teens would have to wait until age 17.
The bill, filed by Sen. Preston Smith (R-Rome), also would create a nine-member Georgia Driver’s Education Commission, which would have the power to accept both public and private donations to pay for driving simulators in every high school.
The legislation would tack a five percent surcharge onto any traffic violation in the state to help pay for the simulators.
“I firmly believe that Senate Bill 226 will save lives in Georgia and have a dramatic effect on the number of teen deaths,” Smith said.
If approved by the General Assembly, the bill would be called “Joshua’s Law” in honor of 17-year-old Joshua Brown, a Cartersville teen who died in July 2003 when he lost control of the car he was driving.
His parents, Alan and LuGina Brown, quickly realized that many other families had shared the grief of losing a child to inexperience behind the wheel. To honor their son’s memory, the Browns started a foundation to provide Cartersville High School students with simulator driving training.
Now, dozens of state lawmakers have signed on to Smith’s bill, hoping it will eventually lead to driving simulators in every Georgia high school.
Smith announced the bill on the main steps of the State Capitol, surrounded by 123 empty chairs draped with burgundy high school graduation robes. The empty robes represented the number of teen drivers in Georgia who died in 2003 as the result of an automobile accident.
The Browns said that Joshua wasn’t speeding, drinking or driving recklessly at the time of his accident.
“He simply did not know how to handle a vehicle under adverse conditions,” Alan Brown said. “No fault of his. I really believe that had this law been in place and had we been able to locate and find a simulator type school, or a driving type school, we could have saved Joshua’s life. And that’s a hard burden to bear.”
Smith said he hopes the General Assembly will approve the bill in the next few weeks, allowing it to go into effect on July 1. Already, 46 out of 56 Senators have signed on to the measure, and many members of the House have expressed support, Smith said. Rep. David Ralston (R-Blue Ridge) said he plans to introduce a companion bill in the House.
Driver’s education is not required in the state of Georgia to receive a license. In recent years, many Georgia high schools have scrapped their programs, blaming liability insurance costs and the expense of maintaining a fleet of cars.
Cartersville High student Gretchen Watts, 17, said she had to take driver’s ed at another high school nearly an hour away. The high school senior attended the press conference because she knew Joshua Brown and now works with the foundation that bears his name. Watts said that she excepts reaction among students to the bill to be mixed. Some kids will complain about having to take driver’s ed in order to be eligible for a license before age 17. Others she said, will think of the driving simulators as cool or a “fad.”
“I think it is an amazing idea,” Watts said. “The driving simulators will help give you the experience you need.”
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Gwinnett University Center bill could come up next week
The Atlanta Journal-Constitution
Legislation to create a four-year Gwinnett University Center won’t reach the floor of the Georgia House until at least the middle of next week.
The House Rules Committee had been asked to put the bill on next Tuesday’s House calendar. But House Speaker Pro Tem Mark Burkhalter (R-Alpharetta), who said he supports plans for the four-year school, said he has concerns about the financial impact on the state budget.
Rules Committee Chairman Earl Erhart (R-Powder Springs) said the bill will be reconsidered by the committee on Tuesday - meaning it could reach the House by Wednesday.
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House stalwart Nixon to undergo surgery today
The Atlanta Journal-Constitution
Members of the Georgia House prayed together today for Wiley T. Nixon, a fixture as familiar to Capitol insiders as the gold dome is to outsiders.
Nixon is hospitalized with heart problems, on a ventilator and facing surgery later today. For about 34 years, Nixon, the General Assembly’s postmaster, has worked his way into the hearts of state legislators and Capitol employees, seeing to it that the mail gets delivered and problems get solved.
Nixon, who is in his 60s is a short, chunky man from Carrollton who has had a hearing problem and a speech impediment since birth. In recent years, his arthritic legs and hips have been failing, so he travels around the hallways in a motorized scooter.
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Abortion bill drops disputed link to breast cancer
The Atlanta Journal-Constitution
A disputed link between breast cancer and abortion has been removed from a bill pending before the General Assembly.
The original version of House Bill 197 would have required doctors to tell women seeking abortions that the medical procedure carried risks including infection, hemorrhage, danger to subsequent pregnancies, infertility and breast cancer.
Though some studies have suggested a link between abortion and breast cancer, the National Cancer Institute has concluded that women who’ve had abortions have the same breast cancer risk as other women.
But a substitute version of the bill passed by the House Health and Human Services Committee today removed all references to specific risks. Instead, the bill says that a woman should be told of “particular medical risks to the individual patient associated with the particular abortion procedure to be employed, when medically accurate.”
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Student obesity bill doesn’t make the grade
The Atlanta Journal-Constitution
Faster than the strictest dieter could shed a pound, a Georgia legislator dropped the idea of making kids’ report cards cover girth as well as grades.
“I’ve heard from people loud and clear,” Rep. Stephanie Stuckey Benfield (D-Atlanta) said Thursday. “I’m still going to be focusing on the issue of obesity, but not with this bill.”
On Wednesday, Benfield introduced a bill that would have required schools to weigh students, calculate their body mass index — a measure of whether they are overweight — then put it on report cards twice a year. Parents of students with above-normal body mass would be furnished literature on diabetes and other obesity-related illnesses.
The bill had bipartisan sponsorship, but little support in Georgians’ houses. Benfield said she found out from angry calls and e-mails.
“They all hate me,” she said, half-jokingly.
She said the most legitimate concern she heard was about the potential harm to children’s, particularly teenagers’, already fragile self-esteem.
“That was certainly never my intent, but I’m sensitive to that,” said Benfield, mother of a pre-schooler.
She said she still plans to try to work on the problem of childhood obesity, but through another avenue. She’s co-sponsoring legislation for a prestige license tag on nutrition, the proceeds of which will go to obesity education in the schools.
• What do you think about the failure of this bill? E-mail reporter Nancy Badertscher right away with your comments, for possible use in the story in Friday’s AJC. Be sure to include your hometown.
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Virtual high school bill clicks in House
The Atlanta Journal-Constitution
The governor’s plan to expand the virtual high school program, which gives students the chance to take advanced courses via the Internet, passed the House with only one dissenting vote today.
A lengthy debate ensued over whether rural schools, most of which cannot afford to provide advanced courses in the classroom, will be punished for allowing their students to take classes online.
Such schools would have to forfeit to the state Department of Education about $400 for each course taken by one of their students.
House Minority Leader DuBose Porter (D-Dublin) tried to amend the bill to guarantee that schools would receive at least a small refund to cover expenses.
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House bill requires publication of sex offenders’ pictures
The Atlanta Journal-Constitution
Sex offenders’ pictures would be put in the newspaper under legislation unanimously passed today by the Georgia House.
A similar measure passed the House last year, but did not clear the state Senate.
The bill requires the clerk of court to publish details of a sex offender’s case, including date, time and place of arrest and his or her picture. This information would be published in the newspaper that has been designated as the county’s legal organ and would appear two weeks after conviction, the bill states.
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Underage drinkers risk losing license under proposed measure
The Atlanta Journal-Constitution
Two Republican lawmakers announced legislation Thursday aimed at curbing underage drinking by stiffening the penalties for minors under 21 who consume alcohol and the adults who provide it.
Under the proposed bill, a minor who is caught drinking alcohol would immediately lose his or her driver’s license. The proposed legislation also calls for the suspension of the driver’s license of an adult who knowingly buys or serves a minor an alcoholic beverage.
“Underage drinking is a huge issue throughout this state,” said Sen. Casey Cagle (R-Gainesville), who introduced the bill at a press conference at the State Capitol. “We believe the best way to stamp it out is to tie driver’s license revocation into the penalty. This sends a strong message that underage drinking will not be tolerated in the state of Georgia.”
Georgia law prohibits any person under 21 to purchase, attempt to purchase, possess or attempt to possess alcohol. The bill would go further by banning anyone under 21 from drinking alcohol.
If convicted, minors would lose their driver’s license for six months. A second violation would result in a year-long revocation.
“The level of alcohol that gets to our people under age 21 is unacceptable,” said Rep. Chuck Martin (R-Alpharetta). “It’s very important that we try to put the responsibility for their actions on them. That’s what this bill attempts to do.” Martin said he plan to introduce related bills in the House next week.
Some big players in the alcohol beverage industry support the bill, including DIAGEO, a company with popular brands such as Tanqueray, Baileys, and Smirnoff.
Sonya Deen, a lobbyist for DIAGEO, said that several recent studies, including a 2003 report by the National Academy of Sciences, found that youth obtain alcohol either directly or indirectly from adults.
“It is the responsibility of all of us to protect our children from the dangers associated with underage drinking,” Deen said. “While we want legal-aged adults to enjoy our products responsibly, we are also committed to blocking minors’ access to our products.”
Deen said DIAGEO is working with lawmakers in 17 states on similar legislation. She said bills have been introduced and heard in committee in Virginia and Arizona.
Paul Byrne, a student at Georgia Tech, said that drinking by minors on campus is a “huge problem” across the state. He said he supports the bills because he often hears about college students killed or injured in traffic accidents related to drinking.
“The spirit of the bill is to make it a safer environment on campuses,” Byrne said.
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Perdue signs law capping jury awards
The Atlanta Journal-Constitution
Calling it “a great bill for Georgia,” Gov. Sonny Perdue signed into law Wednesday legislation that will cap pain and suffering awards in medical malpractice lawsuits at $350,000, or up to $1.05 million in multidefendant cases. It was the first bill signed into law this session.
At a signing ceremony at the Women’s Center at Northside Hospital, the governor said Georgia was on the verge of a crisis with doctor’s leaving the profession because the cost of malpractice insurance.
“This is about access to health care,” he said. ” I’m here today at this wonderful women’s center
The law also will make it difficult for a victim of malpractice to win damages, including lost wages and medical bills, for injuries caused by negligence in an emergency room procedure.
Doctors and hospitals say the legislation was needed to hold down exorbitant malpractice insurance premiums that are forcing physicians to leave Georgia or stop practicing.
Consumer groups countered that limits on jury awards are inherently unfair and prevent malpractice victims from being fully compensated.
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Constitutional amendment would protect Georgians’ hunting, fishing rights
The Atlanta Journal-Constitution
The Georgia Senate voted 44-4 Wednesday in favor of a proposed constitutional amendment to preserve the tradition of hunting and fishing in the state.
The amendment would ensure Georgia’s laws protecting hunting and fishing could not be overturned, said Senate President Pro Tempore Eric Johnson (R-Savannah).
“There are activists judges and future Legislatures … that could restrict further our heritage and our historic right to hunting and fishing,” said Johnson, the resolution’s sponsor.
The measure now moves to the House. If it is approved there, voters will have the final say at the polls.
Johnson said there are about 400,000 hunters in Georgia. He said that eight other states have similar constitutional amendments, and that 10 states are considering the change.
Earlier in the day, the first public spat between rural and urban lawmakers in the Senate erupted over a bill that would change the federal funding balance for public road projects.
The Senate voted 42 to 9 in favor of Senate Bill 4, a measure that would allow the state to allocate money to interstate road projects by need rather than dividing the pot equally among Georgia’s 13 congressional districts.
Sen. Mitch Seabaugh (R-Sharpsburg), the bill’s sponsor, said that under the current funding formula, there are fewer dollars for local road projects. He said the bill would not favor metro Atlanta and its suburbs.
But some rural legislators disagreed.
“This Senate Bill 4 will have a direct impact on rural Georgia roads,” said Sen. J.B. Powell (D-Blythe). “If you take all this interstate money off the top, rural Georgia roads will suffer.”
Democrat Doug Stoner of Smyrna, a metro Atlanta suburb, said that interstate roads were critical to the rest of the state to move trucks and products.
“In the end this will help all Georgians by maintaining our interstates and moving traffic around the state,” Stoner said.
The Senate unanimously approved a bipartisan bill, co-sponsored by Sen. Dan Moody (R-Alpharetta) and Sen. Gloria Butler (D-Stone Mountain), to allow for the MARTA board to remove a member who has violated its code of ethics. The bill passed 52-0.
Moody said that the bill would give an appointing authority - such as the City of Atlanta or the Gwinnett County Commission - a maximum of 120 days to remove a MARTA board member who has been censured.
If the appointing authority did not make a decision, the MARTA board could take action on its own. “The intent of this legislation is to reinforce that there is a code of ethics that needs to be followed,” Moody said.
Senate Minority Leader David Adelman (D-Atlanta) offered an amendment changing the maximum time limit to 60 days. The amendment passed unanimously.
Sen. Renee Unterman (R-Buford) asked Moody whether he drafted the bill to target a MARTA board member from Gwinnett.
Last April, Gwinnett County’s MARTA representative Mychal Walker made headlines when a MARTA ethics panel found he had committed ethical breaches by accepting $20,000 in consulting fees from a lobbyist for a company bidding on a $100 million contract.
Gwinnett County commissioners will hold a hearing March 22 to decide whether to remove him from the board. State law currently requires such a hearing before a MARTA board member can be removed. Walker has denied any wrongdoing.
The Senate adjourned shortly after 1 p.m. Wednesday. The Senate meets at 10 a.m. Thursday.
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Law would again limit tint on vehicle windows
The Atlanta Journal-Constitution
The Georgia House passed legislation today that would reinstate the state ban on heavily tinted car windows and broaden the restrictions to cover out-of-state vehicles.
The vote was 125 to 33.
State Rep. Calvin Hill (R-Canton), the bill’s chief sponsor, said the legislation will allow the state to bring back its tinting law, which the Georgia Supreme Court declared unconstitutional last June because it did not apply to out-of-state motorists.
State Rep. David Lucas (D-Macon) questioned how the state can impose guidelines on motorists from other states. He announced plans to ask the House on Monday to reconsider its vote.
The bill maintains the 32 percent visibility standard that had been required under a 1990 state law. It applies to all windows and windshields of most passenger vehicles and the front windshield and front windows of all multipurpose vehicles, including sport utility vehicles, minivans and extended cab trucks, Hill said.
Motorists caught violating the law may be ticketed and would face the standard misdemeanor maximum punishment of a $1,000 fine and up to 12 months in prison.
The legislation also allows law enforcement agencies to use tint meters to determine compliance. In the past they had to depend on a sticker that was on the vehicle and could be subject to fraud, Hill said.
Trooper Larry Schnall, a spokesman for the Georgia State Patrol, said the bill is “all about officer safety.�
“Approaching a vehicle in the daytime hours with dark windows can be very scary for an officer and it’s even worse at night,� Schnall said. “They could be shot and never see it coming.�
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House bill protects doctors, hospitals from lawsuits
The Atlanta Journal-Constitution
Doctors, hospitals and other medical providers would be offered lawsuit protection in exchange for providing free health care services to the poor under a bill overwhelmingly approved this afternoon by the Georgia House.
The bill, sponsored by state Rep. Mickey Channell (D-Greensboro) would allow Georgia to develop a program similar to one in Florida, where about 15,000 health care professionals offer free health care services to the poor in exchange for immunity from lawsuits.
Some House members voiced concern that the state could be setting up a two-tier system of health care. Others argued that health care professionals will get lawsuit protection and can still be compensated through the Indigent Care Trust Fund.
Channell argued that the bill will expand access to health care and boost volunteerism in the health care community.
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House makes push for rush-hour travel lanes
The Atlanta Journal-Constitution
The Georgia House today voted 103 to 57 in favor of legislation that encourages the state Department of Transportation to consider converting some emergency lanes and shoulders along the state’s most congested highways into rush-hour travel lanes.
DOT officials have deemed the idea impractical for several reasons, including safety and costs.
State Rep. Mary Margaret Oliver (D-Decatur) tried unsuccessfully to amend the bill to expand the state’s mandatory seatbelt law to cover sports utility vehicles and the passenger seats of pickup trucks.
House Speaker Glenn Richardson (R-Hiram) ruled Oliver’s amendment not pertinent to the bill — so there was no vote on it.
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House honors 4-H students
The Atlanta Journal-Constitution
The Georgia House paid tribute to the state’s 4-H students today, Day 18 of the 2005 General Assembly session.
House members passed several largely uncontroversial bills, including one on educational and living expense grants for foster and adopted children.
Committee meetings were to fill the afternoon, including one seeking public comment on a bill to outlaw new pit bulls and place restrictions on existing ones.
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Tourism would get boost from Senate bill
The Atlanta Journal-Constitution
Georgia’s tourism industry soon may get a boost from a measure on the fast track through the General Assembly.
By a vote of 48-0, the state Senate approved a bill Tuesday that would create a statewide tourism marketing initiative to promote the Peach State’s heritage and culture.
Senate Bill 125 now heads to the state House.
The measure, introduced by Sen. Jeff Mullis (R-Chickamauga), would establish a Georgia Tourism Foundation to solicit and accept donations for the statewide marketing plan. The bill also would put the state’s Golf, Aviation, Music and Sports halls of fames under the Economic Development Department.
“This bill brings them under one umbrella for marketing so we can get the biggest bang for our buck,� Mullis said.
In 2003, the state made $25 billion from tourism, an amount second only to the agriculture industry. The state’s tourism program spent $1.1 million in advertising that year and slightly more than $2 million in 2004 —- the smallest amount of any Southeastern state, according to officials with the Economic Development Department. In contrast, Florida spent about $60 million to attract tourists, Mullis said.
Senate Minority Leader Robert Brown (D-Macon) praised the bill and urged his colleagues to support it. He said the measure would help market the Halls of Fame and perhaps, help them turn a profit. He also said the bill could create jobs and benefit rural Georgia as well as the rest of the state.
“It is a good move to begin to market our state more aggressively with our tourism options,� Brown said.
Mullis’ bill is the result of recommendations from Gov. Sonny Perdue’s Commission for a New Georgia, a nonprofit corporation chartered to improve state operations in tourism, administrative services and public finance.
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Legislature caps medical malpractice jury awards
The Atlanta Journal-Constitution
A controversial measure to cap medical malpractice awards passed the state Senate today by a 38-15 vote and needs only Gov. Sonny Perdue’s signature to become law.
The bill, which failed Thursday by one vote, needed 29 “yes” votes for a constitutional majority.
Introduced and approved in the Senate a few weeks ago, the measure was amended to cap pain and suffering awards at $350,000 and won approval in the House Thursday. But in a vote that surprised many, the amended measure failed when it came back to the Senate that day.
Several Democrats once again urged their colleagues not to support the bill in its current form and allow the measure to be fine-tuned in conference committee.
“All I’m asking is to slow down,” said Minority Whip David Adelman (D-Atlanta).
Sen. Preston Smith (R-Rome), the bill’s sponsor, told the chamber that some details of the bill still could be tinkered with. His promise won him the support of several senators who opposed the measure last week.
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Land conservation bill set to become law
The Atlanta Journal-Constitution
Gov. Sonny Perdue’s initiative to preserve Georgia’s green space — from fragile wetlands to Civil War battlefields — received overwhelming support Monday in the state Senate.
The bill passed by a 52-2 vote. The measure has already cleared the House, making it the first piece of legislation of the 2005 Legislative session to clear both chambers. Once the governor signs the measure it will become law.
The bill would make millions of dollars available to entice farmers, timber companies and other large landowners to permanently protect their pastures, forests and other landscapes from development.
The owners would still own their land and could continue to farm or timber it. They would not have to open it up for public access. The legislation also would encourage public-private land deals through a nine-member council that would evaluate projects based on ecological value.
Sen. Steve Thompson (D-Powder Springs) spoke against the measure. He argued that Georgia’s urban areas need greenspace protection and programs that target air and water pollution. His amendment to include cemeteries in the definition of greenspace failed.
Earlier in the afternoon, the Senate approved a motion to reconsider a resolution that would allow public funding of social service programs run by religious organizations. The resolution, backed by Gov. Perdue, failed on Thursday to receive the two-thirds majority approval necessary for passage by three votes.
Sen. Don Balfour (R-Snellville) made the motion to reconsider Monday. The motion passed 33-11. The resolution now returns to the Senate Rules Committee, where the members can vote on placing the measure back on the general calendar for another vote.
Several Democrats said last week that they could not support the bill unless it was amended to ensure public money could not be spent on private or parochial schools.
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House moves to create state accounting office
The Atlanta Journal-Constitution
Members of the Georgia House today logged another short day in formal session. The House convened at 1 p.m. and recessed for the day at 2:12 p.m.
House members voted to create a new agency of state government — the state accounting office.
They also passed legislation that allows the governor to appoint members of the Residential and General Contractors State Licensing Board.
Among the final pieces of legislation passed by the House was an extension of a pilot Family Court division of Fulton Superior Court. The bill’s sponsor, Rep. Wendell Willard (R-Atlanta) said he has dropped legislation to allow other counties to establish similar programs.
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Faith-based initiative falls short in Senate
The Atlanta Journal-Constitution
Gov. Sonny Perdue’s initiative to amend Georgia’s Constitution to allow religious organizations to receive taxpayer dollars failed its first test by three votes in the state Senate Thursday.
After a lengthy debate, the measure received 35 “yes” votes and 20 “no” votes —- three votes shy of the required two-thirds majority required for a constitutional amendment. The bill likely will return to the floor for a vote to reconsider Monday.
The bill’s supporters argued that religious organizations often do a better job of providing services for children, the elderly and homeless than the government.
“The real mission is to let the churches do what they’re called to do, and do it better than the government has in the past,” Senate President Pro Tempore Eric Johnson (R-Savannah) said.
But several senators expressed concern that the proposed amendment is a thinly-veiled attempt to allow vouchers in the state.
“If we pass this resolution … the way it is worded now, you’ve just enabled school vouchers in this state,” said Sen. Doug Stoner (D-Smyrna), who proposed several amendments to the original resolution.
The amendments included language that prohibit state dollars from going to fund tuition at private and parochial schools and that would ensure that public dollars would not be spent on religious instruction and proselytizing.
Johnson expressed incredulity that some lawmakers were concerned about vouchers.
He said that Georgia law already allows vouchers for private schools in the state. And he argued that Georgia is already providing vouchers through the state’s lottery-funded pre-K program.
Each of the Democrat-sponsored amendments to the resolution failed, almost all on party lines.
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House passes bill limiting jury awards
The Atlanta Journal-Constitution
The House of Representatives today overwhelmingly passed legislation that caps jury awards for a malpractice victim’s pain and suffering at $350,000. Earlier today, the House shot down a $750,000 cap on jury awards by a single vote.
The tort reform bill now moves immediately to the Senate, which passed a similar version last month and could adopt the House bill later today.
The House debated the contentious issue for three hours before deciding the issue of capping damage awards in medical malpractice lawsuits. The House initially voted 88-83 against an amendment to cap awards at $750,000, with exceptions for wrongful death and catastrophic injury cases.
The House then voted 85-82 to reconsider the amendment and, voting on it for the final time, defeated it by a 86-85 vote.
Rep. Barry Fleming (R-Harlem), chair of the Special Committee on Civil Justice Reform, spoke out against the $750,000 cap saying it had loopholes big enough “to drive a truck through.” But a number of Republicans, such as the amendment’s sponsor, Rep. Wendell Willard (R-Atlanta), said such a cap is more fair to victims of malpractice.
Ultimately, the House approved by a 136-34 vote an amendment by Speaker Glenn Richardson (R-Hiram) to set a cap on pain and suffering awards at $350,000, or up to $1.05 million in multi-defendant cases. Another amendment by Richardson to make it less difficult for malpractice victims to prevail in lawsuits in emergency room cases also passed easily.
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Senate bill would slash teen minimum wage
The Atlanta Journal-Constitution
The Senate approved a bill this morning that would allow employers to hire workers under age 20 at a “training wage” of $4.25 per hour — less than the federal minimum wage of $5.15 per hour.
Employers could pay the lower wage for a maximum of 90 days. Seth Harp (R-Midland), the bill’s sponsor, said the bill simply aligns the state’s policies on minimum wage with federal wage requirements.
“The idea is to encourage employers to hire young people by giving them this break,” Harp said. “All my bill does is bring the Georgia statute in line with the federal statute.”
Sen. Regina Thomas (D-Savannah) urged her colleagues to vote against the measure. “This is not a good bill,” Thomas said. “I urge you, for the working families in the state of Georgia, not to allow this to happen.”
The measure passed by a vote of 49-5.
After passing a few more bills, the Senate adjourned until 1:30 p.m., when lawmakers return to debate Gov. Sonny Perdue’s faith-based initiative. Senate Resolution 49 would allow public funding of religious organizations that provide social service programs.
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House debates cap on jury awards
The Atlanta Journal-Constitution
The debate over tort reform is entering its third hour at 1 p.m. today.
State Rep. David Ralston, of Blue Ridge, was one of the first Republicans to speak out against the reform legislation. Ralston, a lawyer, said the debate is being wrongly characterized as lawyer vs. doctor.
“What few people want to admit is this is really about insurance,” he said. “It troubles me to see we’re now meddling into and intruding into our judicial system. And here we’re being asked to put a value on human life. Look past all the chatter, the pressure, and do the right thing.”
Some House members applauded Rep. Rich Golick (R-Smyrna), a corporate lawyer with a large insurance company as his client, when he rose to question whether lawmakers should be passing this bill as he displayed parts of the U.S. and state Constitution on overhead projectors.
“I’ve got a real problem with his bill as a conservative,” Golick said. “I don’t believe the government should put itself in the place of a jury of 12 of our peers.”
Golick called it an “Am-I-going-to-sleep” at night vote.” He urged passage of an amendment with a $750,000 cap and exceptions for catastrophic illnesses.”
State Rep. Phyllis Miller (R-Snellville) argued that caps will hurt women, the elderly, the retired, children and the physically and mentally handicapped.
“Help me stop this train before it becomes a train wreck,” Miller said.
The debate over sweeping changes to the state’s civil justice laws opened at 11 a.m. this morning with remarks from Majority Leader Jerry Keen (R-St. Simons Island). “I believe we have more white coats and silk suits here than we do on the [fashion show] runways in New York,” Keen said as the debate opened inside the House chamber, the third floor halls jammed with lobbyists. “Let’s make this state a healthier, safer and more economic place to do business in.”
The House Rules Committee earlier today continued to use its new powers to try to control the debate over the reforms.
On a motion by Chairman Earl Ehrhart (R-Powder Springs), the Rules Committee voted to limit the bill’s floor debate to three hours. The House is set to begin debate over the bill that, among other things, would impose a cap on medical malpractice jury awards.
The Rules Committee voted Wednesday to send to the floor four proposed amendments to the bill and rejected nine others. One amendment would limit jury awards for a victim’s pain and suffering to $350,000 and another would allow up to $750,000.
On the opening day of the session, the new GOP leadership in the House pushed through rule changes that give the Rules Committee the authority to put a time limit on floor debates and to prohibit House members from submitting amendments on the floor on certain bills.
A similar version of the bill sailed through the Senate last month. Senate Bill 3 would cap “noneconomic” damage awards — those beyond compensation for lost wages and medical bills — at $250,000, or up to $750,000 if multiple defendants are found liable.
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House passes bill masking economic development negotiations
The Atlanta Journal-Constitution
The House today approved a controversial proposal dealing with open records and economic development by a vote of 118 to 52.
Supporters said the bill would help Georgia in its efforts to attract new industries. Critics said it would unnecessarily restrict public access to records on how public money is used in attracting industry.
The bill, House Bill 218, now goes to the state Senate for consideration.
House roll call
Voting yes were 29 Democrats, 88 Republicans and 1 Independent. Voting no were 45 Democrats and 7 Republicans. Not voting were 4 Democrats and 2 Republicans. Excused from the vote were 2 Democrats and 1 Republican. The presiding officer, Rep. Glenn Richardson (R-Hiram) votes only to make or break a tie.
DEMOCRATS VOTING YES: Barnes, Hampton; Bryant, Garden City; Buckner, Gail, Jonesboro; Channell, Greensboro; Cheokas, Americus; Coleman, Terry, Eastman; Cummings, Rockmart; Floyd, Johnny, Cordele; Floyd, Hugh, Norcross; Greene, Cuthbert; Hanner, Parrott; Heard, Keith, Athens; Heckstall, East Point; Howard, Augusta; James, Montezuma; Jamieson, Toccoa; Kidd, Athens; Lord, Sandersville; Marin, Duluth; Morris, Vidalia; Murphy, Quincy, Augusta; Parham, Milledgeville; Parrish, Swainsboro; Royal, Camilla; Smith, Paul, Rome; Smyre, Columbus; Von Epps, LaGrange; Warren, Augusta; Williams, Al, Midway.
DEMOCRATS VOTING NO: Abdul-Salaam, Riverdale; Anderson, Waynesbor; Ashe, Atlanta; Beasley-Teague, Atlanta; Benfield, Decatur; Black, Valdosta; Bordeaux, Savannah; Brooks, Atlanta; Bruce, Atlanta; Buckner, Debbie, Junction City; Dean, Atlanta; Drenner, Avondale; Dukes, Albany; Fludd, Fayetteville; Gardner, Atlanta; Henson, Stone Mountain; Holmes, Atlanta; Hugley, Columbus; Jackson, Savannah; Jacobs, Atlanta; Johnson, Marietta; Jones, Sheila, Atlanta; Jordan, Riverdale; Mangham, Decatur; Mitchell, Stone Mountain; Morgan, Austell; Mosby, Atlanta; Oliver, Decatur; Orrock, Atlanta; Porter, Dublin; Powell, Hartwell; Randall, Macon; Ray, Fort Valley; Reece, Barbara, Menlo; Sailor, Decatur; Sims, Freddie, Albany; Sinkfield, Atlanta; Stanley-Turner, Atlanta; Stephenson, Lithonia; Teilhet, Atlanta; Thomas, Mable, Atlanta; Thomas, Brian, Lilburn; Watson, Decatur; Williams, Ernest, Stone Mountain; Wix, Mableton.
DEMOCRATS NOT VOTING: Borders, Valdosta; Hudson, Sparta; Jenkins, Blairsville; Lucas, Macon.
DEMOCRATS EXCUSED: McClinton, Atlanta; Shaw, Lakeland.
REPUBLICANS VOTING YES: Amerson, Dahlonega; Barnard, Glennville; Benton, Jefferson; Bridges, Cleveland; Brown, LaGrange; Burkhalter, Duluth; Burmeister, Augusta; Burns, Newington; Butler, Carrollton; Byrd, Woodstock; Carter, Pooler; Casas, Lilburn; Chambers, Atlanta; Coan, Lawrenceville; Cole, Forsyth; Coleman, Brooks, Duluth; Cox, Lilburn; Davis, McDonough; Day, Tybee Island; Dickson, Cohutta; Dollar, Marietta; Ehrhart, Powder Springs; England, Auburn; Fleming, Harlem; Forster, Ringgold; Franklin, Marietta; Freeman, Macon; Geisinger, Roswell; Golick, Smyrna; Graves, Tom, Fairmount; Graves, David, Macon; Harbin, Evans; Heard, John, Lawrenceville; Hembree, Douglasville; Hill, Cecily, Saint Marys; Hill, Calvin, Woodstock; Holt, Social Circle; Horne, Newnan; Houston, Nashville; Jones, Jan, Alpharetta; Keen, St. Simons Island; Keown, Coolidge; Knight, Griffin; Knox, Cumming; Lakly, Peachtree City; Lane, Bob, Statesboro; Lane, Roger, Darien; Lewis, White; Lindsey, Atlanta; Loudermilk, Cassville; Lunsford, McDonough; Maddox, Cairo; Manning, Marietta; Martin, Alpharetta; Maxwell, Dallas; May, Monroe; McCall, Elberton; Meadows, Calhoun; Millar, Dunwoody; Miller, Lawrenceville; Mills, Gainesville; Mumford, Conyers; Murphy, Jack, Cumming; Neal, LaFayette; Parsons, Marietta; Ralston, Blue Ridge; Reece, Stacey, Gainesville; Reese, Sugar Hill; Rice, Norcross; Roberts, Ocilla; Rogers, Gainesville; Scott, Martin, Rossville; Scott, Austin, Tifton; Setzler, Kennesaw; Sheldon, Dacula; Sims, Chuck, Douglas; Smith, Bob, Watkinsville; Smith, Lynn, Newnan; Smith, Richard, Columbus; Smith, Tommy, Nicholls; Smith, Vance, Pine Mountain; Stephens, Savannah; Talton, Warner Robins; Walker, Loganville; Wilkinson, Sandy Springs; Willard, Atlanta; Williams, Roger, Dalton; Yates, Griffin.
REPUBLICANS VOTING NO: Bearden, Villa Rica; Cooper, Marietta; Crawford, Concord; Hatfield, Waycross; Mosley, Jesup; Rynders, Albany; Tumlin, Marietta.
REPUBLICANS NOT VOTING: O’Neal, Warner Robins; Scheid, Woodstock.
REPUBLICANS EXCUSED: Jennings, Atlanta.
INDEPENDENT VOTING YES: Dodson, Lake City.
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House approves small tax break for teachers buying supplies
The Atlanta Journal-Constitution
The Georgia House today unanimously approved the governor’s plan to give teachers a modest tax break for spending their personal money on classroom supplies.
The bill, which passed 163-0, would allow teachers to deduct $250 worth of school supplies from their state income taxes — saving them about $15 a year.
Teachers can already claim that deduction on their federal income tax return.
State Rep. Jay Roberts (R-Ocilla), who is carrying the bill for Gov. Sonny Perdue, acknowledged that it’s not much money. “But anything we can do for our teachers — no matter how large or how small — I think we should do,” Roberts said. “We need to send a message back to our teachers that we appreciate what they do.”
State Rep. Lynmore James (D-Montezuma) said a $1,000 tax credit would be more appropriate. “This [$250 tax deduction] is a long way from justice for these teachers,” James said.
The tax break for Georgia’s 100,000 teachers is expected to cost the state about $1.8 million, Roberts said.
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Groups assail cap on jury awards
The Atlanta Journal-Constitution
As a bill to cap some jury awards in medical malpractice suits makes its way through the state Legislature, several organizations are ramping up their efforts to derail the measure.
Georgia Watch, a consumer protection advocacy group, along with a coalition of other statewide organizations, held a mini-rally in the state Capitol this morning to speak out against Senate Bill 3.
“We oppose tort reform because we believe it will not save doctors and hospitals money,” said Allison Wall, executive director of Georgia Watch. “It discriminates against older Georgians, stay at home parents and children.”
During this morning’s rally, the House Rules Committee voted to debate Senate Bill 3 on Thursday with four amendments. The most significant, suggested by House Speaker Glenn Richardson (R-Hiram), would raise the cap for jury awards for a malpractice victim’s pain and suffering.
The Special House Committee on Civil Justice Reform on Friday approved a bill that would cap such damages at $250,000 or up to $750,000 if multiple defendants are held liable.
Richardson’s amendment would increase that cap to $350,000 or up to $1.05 million in multiple-defendant cases. Another amendment, pushed by Rep. Wendell Willard (R-Atlanta), approved for debate would cap pain and suffering jury awards at $750,000.
Opponents of the tort reform bill say the measure won’t reduce skyrocketing insurance costs for doctors. They also say the bill would hurt Georgia citizens who are victims of a doctor or hospital’s negligence. Critics of the measure contend the value of a victim’s pain and suffering should not be capped with an arbitrary dollar amount and say certain groups of citizens - especially those who do not work outside the home - would be must vulnerable if the bill passes.
“This bill will make it hard for our older Georgians and their loved ones in nursing homes to seek redress when they are injured, neglected or abused,” said Cas Robinson, president of AARP Georgia. The Georgia Council on Aging and the Women’s Policy Group also opposed the bill.
Opponents of Senate Bill 3 may have a tough battle ahead of them. The measure was tagged as a top priority of the Republican leadership in both the House and Senate. The bill easily passed the Senate, despite outcry from many Democrats.
Another influential group opposing the bill is the Georgia chapter of Mothers Against Drunk Driving. MADD Georgia Public Policy Liaison Donzella James, a former state senator, said the bill would do away with joint and several liability — a legal term meaning that more than one person is responsible for a payment or debt. James lost a son to a drunk driver in 1993.
“This lets drunk drivers and those who irresponsibly serve them alcohol off the hook,” James said. “There’s no reason to protect wrongdoers at the expense of Georgia citizens.”
Representatives from the Georgia Network to End Sexual Assault also expressed concern about the possible negative impact of the tort reform measure on victims of rape and sexual assault.
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Senate bill would remove helmet requirement for motorcyclists
The Atlanta Journal-Constitution
Several Senate bills were introduced and assigned to committee this morning.
Sen. Gloria Butler (D-Clarkston) introduced a bill to ban racial profiling of motorists. State. Rep. Tyrone Brooks (D-Atlanta) introduced a similar measure last year, which passed the House 116-34, but died in the Senate.
Sen. Jeff Mullis (R-Chickamauga) introduced a measure that would give motorcyclists over the age of 21 a choice about whether to wear helmets.
Sen. Dan Weber (R-Dunwoody) introduced a bill that would tighten up some exceptions to the state law requiring automobile passengers to wear seat belts.
With no bills up for debate today, the Senate quickly adjourned for a joint session with the House on the state of the judiciary.
The Senate Rules committee meets at 2:30 p.m. today to decide what bills will be up for a vote Thursday.
The Senate returns to session at 10 a.m. Thursday.
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Senate measure bans smoking in bars, most other public places
The Atlanta Journal-Constitution
Georgia may soon be a smoke-free state, at least in public places.
A far-reaching measure to ban smoking in virtually all public, indoor areas unanimously passed the Senate Health and Human Services committee Tuesday with little opposition from public or business interests.
Sen. Don Thomas (R-Dalton) introduced the bill, which would prohibit lighting up in restaurants, bars, shopping malls, sports arenas. The committee approved a few minor amendments, including one that would bar residents of nursing homes and long-term facilities from smoking in their rooms, but allow them to smoke in designated areas.
“It’s a strong bill,” Thomas said. “It’s a much needed bill.”
The bill’s next stop is the Senate, where it must be approved before it can move to the House.
Several groups spoke briefly Tuesday in support of the measure, from anti-smoking organizations such as the American Lung Association and the American Cancer Association to business groups, such as the Georgia Restaurant Association.
Several Georgia counties and municipalities have laws restricting smoking in some way. Many restaurant and bar owners say they would prefer a uniform policy so that their competitors won’t have an advantage in luring either smokers or non-smokers.
Michael Hoffer, a member of the Building Owners and Management Association, also spoke in support of the bill, saying many property owners want a uniform policy and clear guidelines.
“Many of us have rules, but it’s very difficult for us to enforce without any back-up legislation,” Hoffer said.
Last year, the Senate approved a similar, though less restrictive, measure in a 45-7 vote, but the measure foundered in the House. Several other states have enacted public smoking bans, including Florida, New York and Massachusetts.
E.C. “Rusty” Kidd, a lobbyist for tobacco giant R.J. Reynolds, asked the committee not to impose regulations on individual rights.
Kay Jackson, the owner of the American Vending Company, a cigarette vending machine company, also spoke against the bill, but said she expected it to pass. She asked the committee to consider compensating her for the loss of business she will experience if the ban goes into effect.
“I see which way this is going,” Jackson said. She added: “This is taking away my living. I don’t want to lose my home. This is what this bill is doing.”
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Gwinnett State College one step closer to becoming reality
The Atlanta Journal-Constitution
The Senate moved quickly through its busiest morning yet of the 2005 session on Tuesday by approving a slew of resolutions and passing six bills.
The effort to create a four-year standalone university in Gwinnett County cleared its first hurdle this year with a 50-3 vote.
Sen. Don Balfour (R-Snellville) introduced Senate Resolution 33, a measure that would transform the Gwinnett University Center - a facility offering a hodgepodge of post-secondary courses - into Gwinnett State College.
Balfour said Gwinnett County’s population is about 700,000 and is expected to increase to a million in 20 years. About 135,000 children are enrolled in Gwinnett County schools, Balfour said.
“There’s obviously a great need for this, a great demand for this,” Balfour said.
The Senate also approved the following bills:
SB 56 - This measure changed some laws relating to the confinement of patients with active tuberculosis who are resistant to treatment. Under the bill, patients may be confined for up to two years, up from six months.
SB 87 - The Georgia Seed Act would prohibit local governments from regulating the labeling, packaging, sale, storage, transportation, distribution, notification of use, or use of seeds.
SB 88 - The Georgia Fertilizer Act would ban local government regulation of fertilizer.
SB 89 - The bill would change the legal definition of some controlled substances.
SB 97 - The measure would allow Georgia’s juvenile courts to collect supervision fees to collect fees to provide for truancy intervention services.
The Senate meets Wednesday at 10 a.m. No bills are scheduled for debate.
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House approves mid-year budget
The Atlanta Journal-Constitution
The Georgia House passed and sent to the state Senate a mid-year state budget today that sets aside $22 million for local projects - including some in the home counties of the new GOP leaders.
The budget, which passed 165-5, includes $1 million to upgrade rail facilities at the port in Brunswick, which is represented by state Rep. Jerry Keen (R-St. Simons Island).
It also includes money for an abused children’s program in Paulding County, home of House Speaker Glenn Richardson (R-Hiram), and $300,000 for a Georgia State University project in Alpharetta, hometown of GOP Speaker Pro Tem Mark Burkhalter.
The mid-year update of the $16.5 billion budget for fiscal 2005 is House Republicans’ first chance to make their mark on state spending priorities since winning control of the chamber in last year’s election.
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Georgia companies to get tax breaks under House plan
The Atlanta Journal-Constitution
With bipartisan support, legislation to give a major tax break to Georgia-grown companies sailed through the House this morning.
The bill, which is expected to save Georgia companies almost $10 billion during the next 10 years, passed the House with only two dissenting votes.
“The message this bill sends is, we’re taking care of our own for the first time ever,” said the bill’s sponsor, state Rep. Larry O’Neal (R-Warner Robins).
O’Neal said the bill closes major loopholes that benefit out-of-state companies. He said the break for Georgia companies will be offset by the elimination of those loopholes.
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Senate measure would create four-year university in Gwinnett County
The Atlanta Journal-Constitution
The State Senate likely will pick up the pace this week, as more bills pass out of committee and head to the floor for debate.
On Tuesday, the chamber will vote on a measure to create a four-year college in Gwinnett County. The resolution, introduced by Sen. Don Balfour (R-Snellville) would convert the Gwinnett University Center into a standalone, four-year institution of higher learning.
Several other bills are likely to come up for debate later in the week.
The Senate may vote on Gov. Sonny Perdue’s initiative to allow public funding of faith-based charities on Wednesday or Thursday. The Governor’s land conservation bill, approved by the House, also may arrive in the Senate for a vote this week. If it is approved, it would be the first bill of the 2005 session to be approved by both chambers.
A measure to require women seeking an abortion to speak to a doctor at least 24 hours before undergoing the procedure passed committee last week and may hit the Senate floor later this week. A similar bill passed the Senate in 2003 but stalled in the House.
Today, the Senate took up two non-controversial bills, both introduced by Sen. Mitch Seabaugh (R-Sharpsburg).
Senate Bill 55 changes some of the definitions and rules relating to accountants in the state. The second measure, Senate Bill 68, would change some rules pertaining to real estate appraisers. Both bills passed with little debate.
In addition, several bills were introduced on first reading and assigned to committee.
Sen. Jeff Mullis (R-Chickamauga) sponsored a bill that would beef up Georgia’s tourism program.
Senate Minority Whip David Adelman (D-Decatur) introduced a bill that would prohibit soliciting money or selling goods for a fee to operators and passengers on public buses and trains. The bill also would make it illegal for someone to distribute some written materials to public transportation passengers.
Sen. Brian Kemp (R-Athens) introduced a bill that would require the Department of Juvenile Justice to operate certain programs for kids who violate their probation. It also would require the department to offer some community-based alternative programs.
The Senate also passed a resolution commemorating the life of Mullis’s mother, who died last week. Mullis thanked Senate members for their love, support and kindness.
The Senate meets again at 10 a.m. Tuesday.
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House bill would block Atlanta’s fine of golf club
The Atlanta Journal-Constitution
The Georgia House overwhelming approved legislation today that would bar the city of Atlanta from fining Druid Hills Golf Club for refusing to treat partners of gay members the same as spouses of married members.
The bill, sponsored by House Rules Committee Chairman Earl Ehrhart (R-Powder Springs), would have implications beyond Atlanta if it becomes law. It would stop any state agency or local government from imposing fines on any person or group that does not provide benefits equivalent to marriage to employees or members.
The measure passed the House 124 to 39, despite some protests from Atlanta area legislators that it was part of a “hidden gay-bashing agenda” and an erosion of the long-standing principle of local control.
The bill does not mention Atlanta or Druid Hills by name, but Ehrhart has said Mayor Shirley Franklin’s threats of fines against the golf club were the reason he drafted the bill.
Early last year, a city commission declared Druid Hills in violation of Atlanta’s human rights ordinance, which prohibits discrimination against gays.
The east side club objected, arguing that it provided marital benefits —such as allowing spouses to inherit club membership if a member dies — only to people who are legally married under Georgia law.
In December, Franklin announced she planned to start fining the club for violating the ordinance, up to a maximum of $90,000. The club responded by filing suit against the city, arguing the ordinance violates the state constitution.
On the floor of the House, Ehrhart argued today that: “You shouldn’t have to sue your political subdivision to get your constitutional rights.”
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House to take up budget Tuesday
The Atlanta Journal-Constitution
The state’s $16.5 billion mid-year budget will hit the floor of the Georgia House on Tuesday. The spending plan — which includes two new projects for Georgia State University, the alma mater of House Speaker Glenn Richardson (R-Hiram) — was put on the House calendar for Tuesday by the powerful Rules Committee this morning.
Rules Committee Chairman Earl Erhart (R-Powder Springs) only allowed two other bills on the calendar so there will be plenty of time for a floor debate of the budget, which also includes funds for a ports project in the hometown of Majority Leader Jerry Keen.
Legislators convene at 1 p.m. today.
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Richardson: School boards should determine start date
The Atlanta Journal-Constitution
House Speaker Glenn Richardson voiced reservations Thursday about proposed legislation that would prevent public schools from starting the school year before Aug. 29.
Richardson told reporters he personally does not like the early starting dates now in place, but also believes legislators shouldn’t be telling local school boards what to do.
“Local school boards need to be making those decisions … that’s why we elect local school boards,” he said.
State Rep. Ron Stephens (R-Garden City) has introduced legislation to force local school boards to pick a starting date between Aug. 29 and Sept. 7.
If approved, the measure would apply to school starts this year and would change the plans of many counties.
Two counties in metro Atlanta, Henry and Cherokee, had planned to start the 2005-2006 school year on Aug. 1. Cobb planned to start Aug. 10.
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House hearings being held on ethics, medical malpractice reform
The Atlanta Journal-Constitution
House members were in and off the floor in less than 90 minutes today, but were headed into some potentially lengthy committee hearings.
Among them a second day of hearings on Gov. Sonny Perdue’s proposed ethics legislation.
Also, at 3 p.m., a special committee is slated to begin its review of the House version of major medical malpractice reforms.
The House passed two bills this morning, including one to continue a pilot program allowing insurance companies to pay a fee to access limited driver’s license information.
The House and Senate are off tomorrow, come back in Monday at 1 p.m. and work through Thursday of next week.
Today was the 12th legislative day. By law, the legislative session cannot last more than 40 days.
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Senate introduces flurry of bills before long weekend
The Atlanta Journal-Constitution
With no bills up for debate, the state Senate breezed through a short session this morning.
Sen. Michael Meyer von Bremen (D-Albany) asked his fellow senators to sign a resolution recognizing Feb. 22 as Rural Health Day at the Capitol.
Sen. Bill Heath (R-Bremen) introduced a bill that would designate as historical any license plate issued in 1970 or before.
A four-part series by the Atlanta Journal Constitution on the state’s lending laws received praise from Sen. Vincent Fort (D-Atlanta).
Fort criticized a 2003 law that weakened existing legislation against predatory lending. Fort asked his fellow legislators to view the series as, “a charge to stand up for people who can’t stand up for themselves.�
Sen. Valencia Seay (D-College Park) thanked members of the Senate for wearing red Thursday in recognition of “Go Red for Women,� a campaign by the American Heart Association to raise awareness of the effects of heart disease among women. Heart attack, stroke, and other cardiovascular diseases claim the lives of more than 500,000 women each year.
That number is greater than the next seven causes of death combined, and nearly twice as many as all forms of cancer, including breast cancer, according to the heart association. Friday is National Wear Red Day for Women.
The Senate is in recess until 1 p.m. Monday.
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Senate honors longtime member Gillis
The Atlanta Journal-Constitution
The Georgia Senate took a break from its usual business for a few minutes Wednesday morning to honor former state Sen. Hugh Gillis (D-Soperton).
When he retired in July, Gillis, who attended today’s session, was the nation’s longest serving state legislator. He represented his Middle Georgia district for more than 55 years.
Gov. Sonny Perdue joined the members of the Senate in recognizing Gillis’ long and storied career in public service.
Perdue began his short remarks with a joke to Gillis: “I thought you had to die to get those type of accolades.�
The Governor then praised Gillis’ years of service at the state Capitol and said, “We are delighted to see you thriving in retirement and we wish you well.â€?
Perdue appointed Gillis to a seat on the Georgia Ports Authority last summer.
Gillis spoke fondly of his years in Georgia government and thanked his former colleagues for recognizing him.
“It really is an honor and privilege for me to be here today,� Gillis said.
Sen. Ross Tolleson (R-Perry) introduced the resolution honoring Gillis and said he rose above party politics.
Sen. Terrell Starr (D-Jonesboro) said that Gillis was his mentor for many years. The two politicians sat next to each other in the chamber and shared an office, Starr said. When Gillis retired, Starr moved into his seat and now has the distinction of being the senior member of the Georgia Senate.
Starr, looking at his seat, said: “I feel like I am sitting in hallowed ground over there.”
After a few more announcements, the Senate took up two health-care related bills.
Senate Bill 48, a measure creating a Renal Dialysis Advisory Council and Senate Bill 51, a measure to formalize supervision of clinical technicians, both passed without debate.
The Senate adjourned and meets Thursday at 10 a.m.
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Bills would increase seat belt fines, limit teen drivers
The Atlanta Journal-Constitution
Legislation was introduced in the House today that, if passed, would give motorists an incentive to buckle up and place more safety requirements on teen drivers.
One bill, sponsored by state Rep. Joe Wilkinson (R-Sandy Springs) would raise the fine from $15 to $50 for a driver who is caught not wearing a seat belt.
Two other bills, also sponsored by Wilkinson, would allow a parent or guardian to request that a teen’s driver’s license be suspended after a three-day cooling-off period and would cut from three to one the number of non-family members who can ride with a teen driver.
The House opened as always with prayer, and today heard from the Rev. Jim Perdue, son of Gov. Sonny Perdue and first lady Mary Perdue.
“If you want to be a success as a pastor or a public servant, you have to lose yourself. Life is not all about you,” the governor’s son told House members.
It was a return trip to the podium for the Rev. Perdue, who about 10 years ago was chaplain of the day in the state Senate, where his father got his start in state politics.
“I am a person who likes to keep the peace, and in case, you are wondering, I do get that from my mother, “the younger Perdue quipped.
After the prayer, the governor joined Rev. Perdue to pose for a photo.
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Lawmaker targets violent video games
The Atlanta Journal-Constitution
Sen. Doug Stoner (D-Smyrna) filed a bill today that would prohibit the sale of violent video games to children.
He also filed a companion bill that would require video game retailers to post a sign explaining the rating system that appears on video games.
Video games are currently rated E for everyone; T for teenager; and M for mature. Game publishers voluntarily have their products rated by the independent Entertainment Software Rating Board. About 10 percent of games rates in 2003 received a mature rating, according to ESRB.
Stoner said he was surprised to learn that children can buy mature video games and that stores are not required to display information in a prominent position.
“We prohibit selling pornographic materials to minors; this is just an issue that people haven’t thought of,” Stoner said. “Some of the new games are becoming more sexually explicit. That’s fine for an adult. That’s their choice. But we need to make sure a 15 or 16-year-old can’t buy it for themselves or for their younger brother.”
Stoner’s bill would define an excessively violent video game as one that meets the following criteria: it depicts exceptional pain or suffering; the violence constitutes criminal acts; the violence is committed without conscience, pity or empathy; and the game has sound and other features that make the violence seem real.
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Senate agrees to cap malpractice awards
The Atlanta Journal-Constitution
The Senate today approved legislation designed to limit the amount a jury can award in medical malpractice suits against doctors and hospitals.
By a 39 to 15 vote, the Senate approved capping jury awards to $250,000 for pain and suffering. The vote followed hours of sometimes contentious and emotional statements by senators on both sides of the issue.
The most controversial maneuver was to prohibit the legislation from being amended.
This morning, MAG Mutual Insurance company, the largest insurer of doctors in Georgia, pledged to roll back medical malpractice insurance premiums by at least 10 percent if the legislation is enacted and upheld by the Georgia Supreme Court. Any law limiting jury awards it expected to be challenged in court by trial lawyers as unconstitutional.
Mag Mutual’s chairman, Roy Vandiver, said in a letter to state senators that the bill would lower insurance rates.
“We are committed to passing along those savings to our insureds, ” Vandiver wrote.
The legislation now moves to the House for consideration.
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Abortion rights activists speak out at Capitol
The Atlanta Journal-Constitution
Abortion rights activists at the state Capitol today said they will not sit still while Republicans chip away at the guarantees afforded women under the U.S. Supreme Court’s Roe v. Wade decision.
“We’ll do whatever it takes, because these are our bodies and our lives,” said Roslyn Satchel of the National Center for Human Rights Education.
Satchel, an African Methodist Episcopal pastor, was joined at a prayer breakfast and press conference by a handful of other clergy, a few Democratic legislators and abortion rights groups, including Planned Parenthood of Georgia and NARAL Pro-Choice Georgia. The event was a kickoff to “Reproductive Justice Lobby Week” at the Capitol, designed to draw attention to legislation under consideration.
Last week, Republican lawmakers introduced legislation they say seeks to reduce the number of women getting abortions in Georgia.
The bills would require doctors to give women information on the medical risks of abortion, the probable gestational age and development of the fetus, alternatives to abortion including adoption, and information on fetal pain. The bill would require women to wait 24 hours after receiving that information before deciding whether to move forward with the procedure. They would also require that minors seeking abortion notify a parent or legal guardian.
Abortion rights activists said the proposed laws are intended to intimidate doctors who perform legal and safe abortions and confuse and deter women seeking them.
“This is a way to backdoor and become an obstruction to what the federal government has said women are entitled to do,” said state Rep. Pam Stephenson (D-Atlanta).
Donna Oswald, 21, said she came to the Capitol today to lobby against the Republican bills. “I am deeply concerned by the new Legislature and what they’re doing to reproductive rights,” said Oswald, a recent Emory University graduate. “I don’t think Legislature should make it harder for us to get abortions.”
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Senate bill would cap some malpractice suit awards
The Atlanta Journal-Constitution
Hordes of lobbyists packed the hallways of the state Capitol this morning for the first highly charged debate of the session. The Senate began tackling a bill introduced by Sen. Preston Smith (R-Rome) to limit jury awards for pain and suffering in medical malpractice suits.
Sen. Sam Zamarripa (D-Atlanta) urged his colleagues not to “engross” the tort reform bill — an action that stops the bill from being amended. Zamarripa argued that engrossing the bill effectively cuts off debate.
But minutes later, Smith made a motion to do just that. After a short debate, Smith’s motion to engross the bill passed 29 to 25. A motion to reconsider that vote failed. The debate over tort reform is expected to last for several hours.
The Senate also approved several bills this morning on first reading, including a measure introduced by Sen. Bill Hamrick (R-Carrollton) to stiffen penalties against people who commit mortgage fraud.
Senate President Pro Tem Eric Johnson (R-Savannah), along with Majority Leader Bill Stephens (R-Canton) and several other legislators, introduced a resolution proposing a constitutional amendment to protect the right of Georgians to fish and hunt.
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House turns to medical malpractice reform
The Atlanta Journal-Constitution
Members of the House introduced their legislative package dealing with medical malpractice reforms this morning, just as the full Senate opened debate on the same topic.
Other bills read for the first time in the House call for sheriffs’ elections to be non-partisan, for locally owned businesses to be given an edge in competitive bids for government contracts, for seat belt requirements to be extended to pickup trucks and for tighter restrictions to be placed on the sale of drugs including pseudoephedrine.
Another resolution calls for a constitutional amendment on removing the ban on pari-mutuel betting and allowing the proceeds to go to the HOPE scholarship program, as well as various equine programs.
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State Sen. Cagle to run for lieutenant governor
The Atlanta Journal-Constitution
A Republican state senator has announced plans to run for lieutenant governor in 2006.
State Sen. Casey Cagle, R-Chestnut Mountain, made the announcement Monday.
Cagle, 39, was elected to the Senate in 1994. He said he will begin his campaign with an event in Gainesville after the legislative session.
Cagle becomes the first GOP candidate to announce a run to succeed Lt. Gov. Mark Taylor, a Democrat who is running for governor.
“I’m at a time and a place in my career, financially and from a family perspective, where I can do this,” Cagle said.
Cagle has named Sen. Chip Pearson of Dawsonville as his campaign chairman and Rep. James Mills of Chestnut Mountain as his treasurer.
Under Georgia law, Cagle cannot raise money until the end of the legislative session. He said he will continue serving in the Senate while he campaigns.
Cagle said he has the support of two-thirds of the Republican members of the Senate, but says he also believes he can reach out to Democrats.
“I spent eight years in the minority, and when I was in the minority I was able to accomplish a lot for my district,” he said.
Cagle is chairman of the Senate Finance Committee. He graduated from Hall County public schools and is a businessman with interests in real estate and banking.
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