hb1372_SCSFA_to_HB_1372

hb1372_SCSFA_to_HB_1372_10.html

06 HB1372/SCSFA/3

SENATE SUBSTITUTE TO HB 1372

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 31-5A-3 of the Official Code of Georgia Annotated, relating to powers, functions, and duties of the Board of Community Health, so as to add additional members to the board for certain purposes; to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employeeś insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 31-5A-3 of the Official Code of Georgia Annotated, relating to powers, functions, and duties of the Board of Community Health, is amended by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:

"(a) There is created the Board of Community Health which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance as they existed on June 30, 1999, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the Board of Community Health effective July 1, 1999. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. In addition to the nine regular members of the board, the Governor shall appoint, subject to confirmation by the Senate, two additional members who receive health benefits from the State Health Benefit Plan, one of whom shall also be a member of the Teachers Retirement System of Georgia. Such additional members shall have the right to attend meetings of the board and to vote on matters before the board concerning state health benefit plans.

(b) The Governor shall designate the initial terms of the nine regular members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. The Governor shall also designate the initial terms of the two additional members appointed pursuant to subsection (a) of this Code section, one of whom shall have an initial term of two years and one of whom shall have an initial term of three years. Thereafter, all succeeding appointments for such additional members shall be for three-year terms from the expiration of the previous term."

SECTION 2.

Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employeeś insurance and benefit plans, is amended striking Code Section 45-18-5, relating to county officers and employees, and inserting in lieu thereof a new Code Section 45-18-5 to read as follows:

"45-18-5.

(a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, upon written notice to such county or counties, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(c.1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918. Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment.

(d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section.

(e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits."

SECTION 3.

Said chapter is further amended by striking Code Section 45-18-5.1, relating to licensed blind or otherwise seriously disabled vendors, and inserting in lieu thereof a new Code Section 45-18-5.1 to read as follows:

"45-18-5.1.

The Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor, for the inclusion of licensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 2 of Chapter 15 of Title 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or other persons with disabilities and remit it to the Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. Should the Georgia Cooperative Services for the Blind, Inc., fail to remit such deductions or such employer contributions through the Department of Labor, the commissioner may, upon written notice to the Georgia Cooperative Services for the Blind, Inc., terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 4.

Said chapter is further amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in lieu thereof a new Code Section 45-18-5.2 to read as follows:

"45-18-5.2.

The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans. Should the sheltered employment center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the sheltered employment center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 5.

Said chapter is further amended by striking Code Section 45-18-7.1, relating to employees of the Georgia Development Authority, and inserting in lieu thereof a new Code Section 45-18-7.1 to read as follows:

"45-18-7.1.

The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board́s regulations. In addition, it shall be the duty of the Georgia Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 6.

Said chapter is further amended by striking Code Section 45-18-7.2, relating to Agrirama Development Authority employees, and inserting in lieu thereof a new Code Section 45-18-7.2 to read as follows:

"45-18-7.2.

The board is authorized to contract with the Georgia Agrirama Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Agrirama Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Agrirama Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board́s regulations. In addition, it shall be the duty of the Georgia Agrirama Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Agrirama Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Agrirama Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 7.

Said chapter is further amended by striking Code Section 45-18-7.3, relating to employees of Peace Officerś Annuity and Benefit Fund, Georgia Firefighterś Pension Fund, and Sheriffś Retirement Fund of Georgia, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.3 to read as follows:

"45-18-7.3.

The board is authorized to contract with the Peace Officerś Annuity and Benefit Fund, Georgia Firefighterś Pension Fund, and the Sheriffś Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officerś Annuity and Benefit Fund, Georgia Firefighterś Pension Fund, and Sheriffś Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officerś Annuity Benefit Fund, Georgia Firefighterś Pension Fund, and Sheriffś Retirement Fund of Georgia to deduct from the salary or other remuneration of their employees such payment as may be required under the board́s regulations. In addition, it shall be the duty of said Peace Officerś Annuity and Benefit Fund, Georgia Firefighterś Pension Fund, and Sheriffś Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans. Should the Peace Officerś Annuity and Benefit Fund, Georgia Firefighterś Pension Fund, or Sheriffś Retirement Fund of Georgia fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Peace Officerś Annuity and Benefit Fund, Georgia Firefighterś Pension Fund, or Sheriffś Retirement Fund of Georgia, as the case may be, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 8.

Said chapter is further amended by striking Code Section 45-18-7.5, relating to employees of Georgia Housing and Finance Authority, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.5 to read as follows:

"45-18-7.5.

The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Housing and Finance Authority to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board́s regulations. In addition, it shall be the duty of the Georgia Housing and Finance Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Housing and Finance Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Housing and Finance Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 9.

Said chapter is further amended by striking Code Section 45-18-7.6, relating to employees of Georgia-Federal State Inspection Service, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.6 to read as follows:

"45-18-7.6.

The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees of, retiring employees of, and employees who retired under the Employeeś Retirement System of Georgia on or before July 1, 2000, from the Georgia-Federal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees or dependents as may be required under the board́s regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans. Should the Georgia-Federal State Inspection Service fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia-Federal State Inspection Service, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted."

SECTION 10.

Said chapter is further amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in lieu thereof a new Code Section 45-18-7.7 to read as follows:

"45-18-7.7.

(a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board́s regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. Should any critical access hospital fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such critical access hospital, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board́s regulations. In addition, it shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employeeś health insurance plan. Should any such federally qualified health center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such federally qualified health center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted.

(c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6; by this Code section; or by any other provision of this article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employeeś health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974."

SECTION 11.

Said chapter is further amended by adding a new subsection (c) to Code Section 45-18-10, relating to the right of continuation of insurance benefits for former state employees, to read as follows:

"(c) Any other provision of this article to the contrary notwithstanding, any employee who is injured by an act of inmate violence while he or she is employed as a correctional officer in a correctional facility in this state and is five years or less from becoming eligible for medicare medical coverage shall be exempt from the eight or more years of service requirement and shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the health insurance plan upon the payment of the monthly premium fixed by the board for active state employees. The first monthly premium provided for in this subsection must be paid within 30 days following receipt of a notice of premium to be sent to such person by the commissioner. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan."

SECTION 12.

Said chapter is further amended by striking Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for ensuing fiscal year, and inserting in lieu thereof a new Code Section 45-18-16 to read as follows:

"45-18-16.

On or before June 1 of each year Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board, commission, or authority having employees covered by this article the amount of percentage adopted by the board as employer payments for the ensuing fiscal year; and they shall, in their annual budget, make provisions for funds with which to pay the board the required employer payments."

SECTION 13.

Said chapter is further amended by adding a new Article 7 to read as follows:

"ARTICLE 7

45-18-121.

As used in this article, the term:

(1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of health benefit plan obligations and administrative expenses which is not provided for by future normal costs.

(2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the health benefit plan such as mortality, withdrawal, disability, and retirement; changes in compensation and offered postemployment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items.

(3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the health benefit plan and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods.

(4) 'Actuarial investigation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values of a health benefit plan.

(5) 'Actuarial present value' means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment.

(6) 'Actuarially sound' means that calculated contributions to the health benefit plan are sufficient to pay the full actuarial cost of the plan. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years.

(7) 'Amendment' means any amendment, including a substitute bill, made to a health benefit bill by any committee of the House of Representatives or the Senate or by the House of Representatives or the Senate.

(8) 'Health benefit plan' means the state employeeś health insurance plan established under Article 1 of this chapter, the health insurance plan for public school teachers established under Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the health insurance plan for public school employees established under Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, and any other health benefit plan that may be created on or after July 1, 2006.

(9) 'Health benefit bill having a fiscal impact' means any health benefit bill creating or establishing a health benefit plan and any other health benefit bill other than a nonfiscal health benefit bill.

(10) 'LC number' means that number preceded by the letters 'LC' assigned to a bill by the Office of Legislative Counsel when that office prepares a bill for a member of the General Assembly.

(11) 'Nonfiscal amendment' means an amendment to a health benefit bill having a fiscal impact, which amendment does not change any factor of an actuarial investigation specified in subsection (a) of Code Section 45-18-127.

(12) 'Nonfiscal health benefit bill' means a health benefit bill which does not affect the cost or funding factors of a health benefit plan or a health benefit bill which affects such factors only in a manner which does not:

(A) Grant a benefit increase under the health benefit plan affected by the bill;

(B) Create an actuarial accrued liability for or increase the actuarial accrued liability of the health benefit plan affected by the bill; or

'Nonfiscal health benefit bill' also means a health benefit bill which removes a group or groups of employees, retired employees, spouses, and dependents from eligibility for coverage or which removes requiring provision of certain benefits or coverage of certain procedures or which provides for any combination of the foregoing.

(13) 'Normal cost' means that portion of the actuarial present value of the health benefit plan obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the plan.

(14) 'Reduction in cost amendment' means an amendment to a health benefit bill having a fiscal impact which reduces the cost of the bill as such cost is determined by the actuarial investigation for the bill prepared pursuant to Code Section 45-18-127.

45-18-122.

No health benefit bill may be introduced by any member of the General Assembly unless, at the time of its introduction, the bill has printed thereon in the upper right portion of each page of the bill an LC number. Once a health benefit bill is presented by the Office of Legislative Counsel to a member of the General Assembly, neither the Office of Legislative Counsel nor any person shall make any change in the health benefit bill prior to its introduction into the General Assembly unless the bill is returned to the Office of Legislative Counsel and that office assigns a new LC number to the bill.

45-18-123.

As a condition precedent to the introduction of any health benefit bill, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. The state auditor shall determine whether the proposed bill is a health benefit bill having a fiscal impact or a nonfiscal health benefit bill and provide a written certification of that determination to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original certification of the state auditor. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditoŕs certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Clerk of the House of Representatives or the Secretary of the Senate, and the bill may not be considered by any committee of the House of Representatives or the Senate or by the House of Representatives or the Senate. If the bill is certified as a health benefit bill having a fiscal impact, its introduction shall also be limited by the provisions of subsection (a) of Code Section 45-18-125.

45-18-124.

(a) A nonfiscal health benefit bill may be introduced at any time during the first 20 days of any regular session of the General Assembly. After its introduction into the General Assembly, a nonfiscal health benefit bill may not be amended in any manner to cause the bill to become a health benefit bill having a fiscal impact. Any amendment to such a bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the House of Representatives or Senate if the amendment was made by the House of Representatives or Senate. If the state auditor certifies in writing that the amendment does not cause the bill to become a health benefit bill having a fiscal impact, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not issue such a certification for the amendment, the bilĺs progress in the legislative process will end, and the bill shall not be considered further by either the House of Representatives or the Senate, and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.

(b) An amendment to a nonfiscal health benefit bill which is prohibited by subsection (a) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House of Representatives, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.

(c) A nonfiscal health benefit bill which is not amended during the legislative process may be considered as any other bill.

45-18-125.

(a) Any health benefit bill having a fiscal impact may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such health benefit bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly.

(b) When a health benefit bill having a fiscal impact is introduced, it shall be assigned by the presiding officer of the House of Representatives or the Senate, as the case may be, to the respective House of Representatives or Senate standing committee on appropriations. If a majority of the total membership of the appropriate committee is opposed to the bill on its merits, no actuarial investigation provided for in Code Section 45-18-127 shall be necessary, and the bill shall not be reported out by the committee and shall not be adopted or considered by the House of Representatives or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of an actuarial investigation of the bill, an actuarial investigation shall be required as provided in Code Section 45-18-127. Except as otherwise provided by subsection (c) of this Code section, no health benefit bill having a fiscal impact may be reported out of the committee to which it is assigned or may be considered or adopted by the House of Representatives or Senate unless an actuarial investigation of the bill is made.

(c) The committee to which a health benefit bill having a fiscal impact is assigned following its introduction may at any time amend the bill to become a nonfiscal retirement bill. If the bill is so amended, an exact copy of the amended version shall be submitted by the chairperson of the committee to the state auditor. If the state auditor issues a written certification that the committee amendment has converted the status of the bill to a nonfiscal health benefit bill, the bill shall be a nonfiscal health benefit bill for all purposes under this article as of the date of the state auditoŕs certification. Only the committee to which a health benefit bill having a fiscal impact is originally assigned following its introduction may convert the bill to a nonfiscal health benefit bill as authorized in this subsection.

45-18-126.

(a) A health benefit bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 45-18-127 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House of Representatives for the House committee, during the period beginning with the day following the close of the session and ending on July 1 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the House Committee on Appropriations shall be authorized to meet with the Senate Appropriations Committee to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House of Representatives, the Senate Appropriations Committee shall have the same authority. The committees may adopt such procedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees on appropriations shall receive the expenses and allowances provided by law for members of legislative interim committees. If a health benefit bill having a fiscal impact is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized.

(b) Immediately after a health benefit bill having a fiscal impact has been considered and perfected as provided in subsection (a) of this Code section, the chairperson of the committee to which the bill was assigned shall transmit an exact copy of the bill, as perfected by the committee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairperson of the committee requesting the state auditor to make or cause to be made an actuarial investigation on the bill.

45-18-127.

(a) If an actuarial investigation of a health benefit bill having a fiscal impact is requested under Code Section 45-18-126, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than November 1 of the same year during which the request for the actuarial investigation was made. The actuarial investigation shall include, but shall not be limited to, findings on the following factors as such factors are relevant to the health benefit bill under consideration:

(1) The dollar amount of the unfunded actuarial accrued liability which will result from the bill for the health benefit plan affected by the bill;

(2) The dollar amount of the annual normal cost which will result from the bill for the health benefit plan affected by the bill;

(3) The dollar amount of the additional annual operating expense to the health benefit plan affected by the bill;

(4) A statement of the employee, both active and retired, and employer contribution rates currently in effect for the health benefit plan affected by the bill;

(5) A statement of the employee, both active and retired, and employer contribution rates recommended for the health benefit plan affected by the bill in order that the plan be actuarially sound; and

(6) A statement of the dollar amount of the increase in the annual employee, both active and retired, and employer contributions if an existing health benefit plan is affected by the bill, or a statement of the total annual employee, both active and retired, and employer contributions if a new health benefit plan is established by the bill, which will be necessary to maintain the health benefit plan affected or established by the bill in an actuarially sound condition.

(b) By not later than November 1 of the same year that the request for an actuarial investigation was made, the completed actuarial investigation shall be submitted by the state auditor to the chairperson of the committee who requested it along with a summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section.

(c) The chairperson of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the summary of the actuarial investigation to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, depending on whether the bill is a Senate bill or House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original summary of the actuarial investigation shall be attached by the Secretary of the Senate or Clerk of the House of Representatives to the original version of the substitute bill, as perfected by the committee under Code Section 45-18-126, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for an actuarial investigation.

45-18-128.

(a) When a health benefit bill having a fiscal impact has had an actuarial investigation pursuant to Code Section 45-18-127, the bill may be considered at the next regular session of the General Assembly. If the bill as originally introduced was not changed by the committee and the original version was submitted to the state auditor for an actuarial investigation, then the original version of the bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House of Representatives or the Senate. If the original bill was substituted by the committee and the substitute version was the one submitted to the state auditor, then that substitute bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House of Representatives or the Senate.

(b) After completion of an actuarial investigation, any amendment to a health benefit bill having a fiscal impact shall be out of order and shall not be allowed either by a committee or by the House of Representatives or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a health benefit bill having a fiscal impact shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the House of Representatives or Senate if the amendment was made by the House of Representatives or Senate. If the state auditor certifies in writing that the amendment is a nonfiscal amendment or if the amendment results in a reduction in cost and the state auditor provides an actuarial investigation as required in subsection (a) of Code Section 45-18-127, then the bill as amended, with the state auditoŕs certification or actuarial investigation attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment or if there is no actuarial study showing the reduced cost of the amendment, the bilĺs progress in the legislative process will end, and the bill shall not be considered further by either the House of Representatives or Senate and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.

(c) An amendment to a health benefit bill having a fiscal impact which is prohibited by subsection (b) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the House of Representatives, if that body made the amendment, or by the Senate, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment."

SECTION 14.

This Act shall become effective on July 1, 2006.

SECTION 15.

All laws and parts of laws in conflict with this Act are repealed.