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Notes from the Dome

A roundup of what happened this week at the State legislature


by Morris News Service

February 26, 2009

Tax break to encourage electronic prescriptions may stall

(2/25) Patients aren't the only ones who struggle with doctors' handwriting, but a bill to encourage physicians to switch to electronic prescriptions could stall because of the recession.

Rep. Ron Stephens, R-Savannah, introduced House Bill 507 this week which would provide an exemption from sales tax for health providers who purchase the software and hardware needed to plug into a statewide network for electronic prescriptions.

"As we move to a paperless-prescription and medical-records kind of transfer (database) -- because that is so expensive, to get people on board faster rather than dragging it out -- it just gives them a small incentive to invest those big dollars in health-information technology," said Stephens, who is a druggist.

Advocates of electronic medical records say going paperless will save money and reduce errors."We put people in hospitals at a phenomenal rate from transcription errors from the physicians to the nurse and sometimes the (physician's assistant) and then over to the pharmacist," he said.

But Stephens admits his bill may fail this year in the House Ways and Means Committee since slumping tax collections makes the panel hesitant to create new tax breaks.


Homeowners associations would get audited under new bill

(2/24) Developers of large subdivisions would have to hire an auditor for the homeowners-association books and make the reports available to members under legislation introduced Tuesday.

House Bill 528 by Rep. Tom McCall, R-Elberton, only affects developments with more than 50 homes or where the annual homeowner dues are at least $500. It is pending in the House Agriculture and Consumer Affairs Committee that McCall chairs.
It only applies as long as the developer controls the association and not when the residents control it themselves.

McCall said there was no specific incident that prompted the bill, only the request of a friend who doesn't live in his district.

"If a developer owns a subdivision ... then he needs to let the homeowners paying the dues know where the money's going and what it's being used for," he said. McCall joked that his district is so rural, "I don't know that we've got a homeowner's association that charges dues."


Bill would require passengers to actually wear seat belts

(2/24) Sitting on seat belts, having them buckled behind the back or other variations would clearly not count as a passenger complying with state law requiring seat belts, according to the author of a bill introduced Tuesday.

Rep. Burke Day, R-Tybee Island, said he introduced House Bill 525 at the request of law enforcement officers he deals with, partly as chairman of the House Public Safety and Homeland Security Committee.

"I've gotten a number of complaints from patrolmen about people who were claiming they were wearing their seat belt if they're sitting on it," he said. "They could sit on them (buckled) and try to argue that they're in compliance with the law. This will clear it up."
His bill would require that seat belts be wore as the auto manufacturer specifies, unless a passenger has a medical excuse.


Bill would hinder animal-rights activists' attempts to outlaw cages

(2/24) Cities and counties would be prohibited from regulating the production of agricultural products produced on parcels of 5 acres or greater under legislation introduced Tuesday.

Rep. Tom McCall, R-Elberton, said he introduced House Bill 529 to forestall a movement that began in California to prohibit confinement of animals, such as chickens, hogs and calves used in veal.

Asked if he was prompted by a specific incident, McCall said, "If you look at what California did with Proposition 2 and the problems that has caused out there, maybe yes."
Rep. Terry England, R-Auburn, is a cosponsor of HB 529.

"Basically, we're saying that local government can't come in and say you can't farm if you have (more) than 5 acres," England said. "California has been doing some crazy things similar to that."

California voters overwhelmingly passed Proposition 2 in November which opponents predict will raise food prices and prompt every egg producer to leave the state. Georgia is among the top states in egg production and is No. 1 in broilers.

McCall's bill, pending in the House Agriculture and Consumer Affairs Committee he chairs, would force animal-rights advocates to convince the General Assembly for a statewide prohibition against caging food animals rather than passing ordinances in sympathetic cities or counties around the state. Animal-rights groups argue that caging animals is cruel.

Johnson champions bill to slow unions

By: Walter C. Jones

(2/24) A constitutional amendment designed to make union organizing difficult passed its first legislative hurdle Tuesday less than three hours after Lt. Gov. Casey Cagle and Sen. Eric Johnson addressed the press about the need for it.

The Senate Insurance and Labor Committee voted 7-2 to recommend passage of a constitutional amendment, Senate Resolution 108 sponsored by Johnson, R-Savannah, that guarantees secret ballots in all elections, including questions of union representation for an employer.

Cagle said, "We have prided ourselves as a state that is a right-to-work state and work very, very hard to create a pro-business environment."
As a right-to-work state, Georgia's law prohibits union membership to be a condition for employment, making it harder for unions to expand. Johnson's measure would attempt to pre-empt federal legislation that would make union organization easier, even in right-to-work states.

The federal bill, the so-called Employee Free Choice Act, would allow organizers to bypass elections if a majority sign cards that would authorize a union, a process known as card check. The cards are not secret, and supporters of Johnson's measure say that lack of secrecy would open employees to intimidation from co-workers.

During the committee hearing Tuesday, Sen. Jeff Chapman, R-Brunswick, said as a former union worker, he recognizes the risk of intimidation. "It can become very violent," he said.

Richard Ray, president of the Georgia AFL-CIO representing organized labor in the state, told the committee that intimidation can come from management as often as from labor. He warned that Johnson's legislation may be pointless since the federal law would trump state law.

Besides, Ray said, if a majority of workers sign a card stating they want union representation, what's the point of holding a costly election.
"It's much simpler, simpler on the union, simpler on the company," he said, "and it's better than having to go through an election and suffer the harassment that our men and women suffer during that time."

Johnson urged reporters not to paint his bill as "anti-union."

"This is to try and protect Georgia from becoming a unionized state which then reduces jobs," he said.


Bill would boost penalties for insurance companies that shortchange policyholders


(2/23) Policyholders who feel their insurance companies intentionally paid less on their claims than was due could soon have another tool in trying to seek justice if a bill by Rep. Doug McKillip becomes law.

The Athens Democrat introduced House Bill 450 at the request of Athens attorney Kenneth Kalivoda, according to McKillip who said his own law practice doesn't include such cases.

Under current law, a policyholder who suspects his or her insurance company is acting in bad faith can file a lawsuit, but the available award is limited to $5,000 or half of the disputed claim, whichever is greater, and attorney's fees. McKillip's bill would allow a judge or jury to award punitive damages as well, which could be significantly higher than the claim amount.

House Speaker Glenn Richardson assigned the bill to the House Insurance when it was introduced Feb. 19, but McKillip said Monday he is working to get it reassigned to the House Judiciary Committee.


Schools may change the length of their school year if a bill in the House passes.

(2/23) Schools may change the length of their school year or go shorter weeks if a bill in the House passes.

Public schools would be able to create a schedule based on the number of hours instead of the number of days and would no longer be restricted to 180 eight-hour days per year. That would allow school systems to schedule four days a week, for longer sessions each day. Or, they could use five extended-hour days each week and shorten the number of weeks.

Rep. Tom Graves, R-Ranger, introduced House Bill 193 on Jan. 29, currently in the House Education Committee.

"I had multiple folks with school systems approach me about it, mainly for budget reasons," he said.

Reducing the number of days saves taxpayers the expense of transporting students, serving meals and heating or cooling buildings.

Kindergarten programs would also be allowed a different schedule equivalent to 810 total hours per year, which equals 180 of the traditional 4.5-hour days currently required.
Schools that choose an alternative schedule will obtain lunch-program funding based on 1,520 annual hours instead of on the previous 190 full days.
"A lot of people think this is about a four-day school week, but it allows flexibility," Graves said. "A lot of schools might want to have longer five-day weeks with a longer summer to shorten the school year."

Child care may be a concern to some, but Graves believes parents already know how to deal with that during summers or holidays.

"You have to recognize that there are many holidays each year to split up the semesters," Graves said. "I think that families and school systems have adapted to that."


Prisoners may pay incarceration fees

(2/23) A vote could come any time in a House committee considering legislation that would make prisoners pay their own way while behind bars.

Wednesday, the House State Institutions and Property Committee reviewed House Bill 295 sponsored by Rep. Roger Lane, R-Darien. Any property or assets inmates currently hold or obtain in the future would be subject to being seized to pay off fees under the bill.
Some questioned whether prisoners would receive proper health care if they had to pay for it themselves.

"Our concern is about them making a choice between giving up assets and taking medication," said Sandra Michaels, lobbyist for the Georgia Association of Criminal Defense Lawyers.

Rep. Mike Cheokas, D-Americus, asked Lane if the bill would create a separate, unequal type of healthcare for prisoners because inmates without insurance may not be able to pay for the costs of adequate care.

On the other hand, others suggested that a nest egg might serve to motivate inmates toward better behavior.

"The inmates need something to return to in order to reenter society," said Rep. Barbara Massey Reece, D-Menlo.

Inmate advocates also expressed concern that once released from prison, ex-cons may have difficulty staying out of legal trouble if they have no savings to fall back on.
Chairman Terry Barnard, R-Glennville, citing his personal background in banking, said, "You'd be surprised at the amount of liquid assets inmates have."


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