Report for Tuesday, March 28, 2006 The thirty-ninth day of the 2006 legislative session was called to order by Lieutenant Governor Mark Taylor. Majority Leader Tommie Williams of the 19th moved that the confirmation of the journal be postponed until 12:00 p.m. Without objection, the motion carried. Sen. Williams took the well to apologize for making a motion on a bill without consulting with the author, and spoke about procedure to prevent that error in the future. There were no bills to be first read or assigned to committee. The Secretary read the reports of Standing Committees and second reading of Senate Bills and Resolutions. Following the morning roll call, Lt. Gov. Taylor then recognized Sen. Judson Hill of the 32nd, who led the Senate in the Pledge of Allegiance. Sen. Hill of the 32nd then introduced the Chaplain of the Day, Pastor Wally Smith of Johnson Ferry Baptist Church of Marietta, who led the Senate in the daily devotional. Sen. Vincent Fort of the 39th took the well on a Point of Personal Privilege to express his disappointment that the House of Representatives stripped HB 1421 of the hate crimes amendment that the Senate had approved. Sen. Robert Brown of the 26th took the well on a Point of Personal Privilege to speak about the death of Deputy Joseph Whitehead of the Bibb County Sheriff's Department who was shot during a drug raid on Thursday, March 23. He noted that a resolution was being drafted to honor Deputy Whitehead and asked all Senators to sign the measure. Senate Resolutions 1294 and 1075 were read. From the Upper Chamber Tuesday, March 28, 2006 Page 1 of 10 Sen. David Adelman of the 42nd was recognized to speak to SR 1294, which commends Mary Joyce Robinson, a highly respected professional educator at Towers High School in the DeKalb County school system. Sen. Emanuel Jones of the 10th was recognized to speak to SR 1075, which remembers and honors the life of Warrant Officer Charles Gary Wells, Jr. who gave his life in the defense of freedom and the liberation of the citizens of Iraq. Sens. Steen Miles of the 43rd and John Douglas of the 17th also spoke to the resolutions and honored the family present at the rostrum. Sen. Nancy Schaefer of the 50th took the rostrum to introduce the Doctor of the Day, Dr. Guy Gober of Tiger who recently returned from Iraq. Sen. Mitch Seabaugh of the 28th requested a roll call of the Senate and that the doorkeepers close the doors for an address by the President Pro Tempore, Sen. Eric Johnson of the 1st. President Pro Tempore Johnson took the well to retort to remarks made by Speaker of the House Glenn Richardson in the well of the House Chamber this morning and to speak to the budget process. After returning from a recess, President Pro Tempore Johnson presided. SR 1317 and 1319 were read and adopted. The Consent Calendar for Privileged Resolutions was adopted without objection. Sen. Williams stated that the journal had been read and was found to be correct. The Senate Rules Committee Consent Calendar for Privileged Resolutions was adopted without objection. The Local Consent Calendar, consisting of HB 1514, 1573, 1575, 1631, 1632, 1650, 1651, 1652, 1662, 1647 and 1648, passed by a vote of 40 to 0. The Consent Calendar for Commemorative Resolutions was adopted by a vote of 43 to 0. Sen. Williams moved that the Senate confirm a Governor's appointee. By a vote of 40 to 0, the appointment was confirmed. SR 1067 was read and Sen. Schaefer took the well to speak to the resolution, which creates a Senate Study Committee on the Prevention of the Starvation and Dehydration of Persons with Disabilities. SR 1067 was adopted by a vote of 43 to 0. From the Upper Chamber Tuesday, March 28, 2006 Page 2 of 10 SR 1270 was read and Sen. Hill of the 32nd took the well to present the resolution, which urges the Department of Human Resources to conduct a multi-day statewide conference on the child welfare system. SR 1270 was adopted by a vote of 46 to 0. Sen. Terrell Starr of the 44th, now presiding, asked the Secretary to read HR 1258. Sen. Seth Harp of the 29th took the well to present the resolution, which creates an Appalachian Studies Center in Dahlonega. HR 1258 was adopted by a vote of 48 to 0. HB 57 was read and Sen. Bill Hamrick of the 30th took the well to explain the bill, which is designed to protect physicians and medical professionals involved in state-ordered executions from challenges to their licensure solely on the basis of their participation in such executions. HB 57 passed by a vote of 46 to 1. The Secretary read HB 184, which provides for additional pharmaceutical agents thst may be used by a doctor of optometry for treatment purposes. Sen. Don Balfour of the 9th took the well to present the bill. Sen. Steve Thompson of the 33rd took the well to speak to Amendment 1, which changes the licensing requirements for businesses engaged in the heating and air conditioning industry. He yielded to questions from Sens. Ross Tolleson of the 20th and Seabaugh. The Senate suspended so that Sen. Thompson of the 33rd could draft an amendment to Amendment 1 to correct language. Amendment 1a was adopted by a vote of 35 to 0. Amendment 1 was adopted by a vote of 33 to 0. The Committee Substitute was adopted by a vote of 31 to 0. HB 184 passed by substitute as amended by a vote of 51 to 0. HB 343 was read and Sen. Tim Golden of the 8th took the well to present the bill, which designates the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre. Sen. Chip Pearson of the 51st took the well to present Amendment 1, relating to the admission of home study students in public universities. Amendment 1 was adopted by a vote of 37 to 0. From the Upper Chamber Tuesday, March 28, 2006 Page 3 of 10 HB 343 passed as amended by a vote of 51 to 0. The Secretary read HB 101, which provides for creditable service in the Peace Officers' Annuity and Benefit Fund for certain prior service by African-American officers. Sen. Johnson took the well to present the bill. Sen. Fort took the well to speak in support of the bill. The Committee Substitute was adopted by a vote of 40 to 0. HB 101 passed by substitute by a vote of 50 to 0. President Pro Tempore Johnson returned to the rostrum to turn the gavel over to Sen. Casey Cagle of the 49th to preside. HB 344 was read and Sen. Bill Heath of the 31st took the well to present the bill, which provides for requirements for creditable service to the Georgia Firefighters' Pension Fund. The Committee Substitute was adopted by a vote of 42 to 0. HB 344 passed by substitute by a vote of 49 to 1. The Secretary then read HB 710. The bill provides for three special license plates promoting beneficial projects and supporting worthy agencies. Sen. Brian Kemp of the 46th took the well to present the bill. HB 710 passed by a vote of 48 to 1. HB 1238 was read and Sen. Hamrick took the well to present the bill, which provides for strengthened regulations on title pawnbrokers. The Committee Substitute was adopted by a vote of 39 to 0. HB 1238 passed by substitute by a vote of 47 to 4. The Secretary read HB 728 and Sen. Chip Rogers of the 21st took the well to present the bill, enacting Mattie's Call Act, which is similar to the Levi's Call Alert System in that it alerts the public when a person with dementia or Alzheimer's is missing. He also presented Amendment 1, which would enact Kimberly's Call, creating a statewide alert system when a suspect for the crime of murder or rape may be a serious threat to the public. Amendment 1 was adopted by a vote of 38 to 0. The Committee Substitute was adopted by a vote of 37 to 0. From the Upper Chamber Tuesday, March 28, 2006 Page 4 of 10 HB 728 passed by substitute as amended by a vote of 51 to 0. HR 773 was read and Sen. Balfour took the well to explain the resolution, which proposes an amendment to the Constitution to allow for a county school district in which one or more independent school districts are located to impose that tax on a county-wide basis even if some or all independent school districts decline to participate. He yielded to questions from Sen. Douglas. Lt. Gov. Taylor returned to preside. Sen. Renee Unterman of the 45th took the well to speak against the resolution and Amendment 1, which strikes "FTE" in lieu of "full-time enrollment" to provide more equity for independent school systems. She yielded to questions from Sens. John Wiles of the 37th and Thompson of the 33rd. Sen. Heath took the well to speak against the bill and to Amendment 3. He yielded to questions from Sen. Thompson of the 33rd, Ralph Hudgens of the 47th and Unterman. Sen. Dan Weber of the 40th took the well to speak in favor of the bill and his Amendment 1. He yielded to questions from Sens. Unterman and Heath. Sen. Thompson of the 33rd took the well to speak against the bill. He yielded to questions from Sen. Balfour. Amendment 1 was adopted by a vote of 35 to 15. Amendment 2 was adopted by a vote of 37 to 13. Amendment 3 failed by a vote of 17 to 35. The Committee Substitute was adopted by a vote of 35 to 11. HR 773 failed to gain the required two-third majority by a vote of 30 to 21. Sen. Cagle moved that the Senate reconsider its action on HR 773. After suspending, Sen. Cagle moved to withdraw his motion to reconsider. Sen. Cagle then moved to table HB 893. Without objection, the bill was tabled. HB 841 was read and Sen. Johnson took the well to present the bill, which provides for a sales tax exemption for qualified job training organizations. HB 841 passed by a vote of 46 to 1. Sen. Johnny Grant of the 25th moved that the Senate disagree to the House Substitute to SR 823. Without objection, the Senate disagreed. From the Upper Chamber Tuesday, March 28, 2006 Page 5 of 10 Sen. Harp moved that the Senate agree to the House Amendment to SB 306 as amended by his Amendment 1, and then took the well to explain Amendment 1. By a vote of 47 to 1, the Senate agreed to the House Amendment to SB 306 as amended. Sen. Balfour moved that the Senate insist on the Senate Substitute to HB 304. Without objection, the Senate insisted. Sen. Hudgens moved that the Senate insist on the Senate Substitute to HB 1371. Without objection, the Senate insisted. Sen. Cagle moved that the Senate adhere to its position on SB 413 and that a Conference Committee be appointed. Without objection, the Senate adhered and Sens. Dan Moody of the 56th, Schaefer and Joseph Carter of the 13th were appointed to the Conference Committee. Sen. Steve Henson of the 41st moved that the Senate disagree to the House Substitute to SR 96. Without objection, the Senate disagreed. Sen. Don Thomas of the 54th moved that the Senate insist on the Senate Substitute to HB 1178. Without objection, the Senate insisted. Sen. Miles moved that the Senate agree to the House Substitute to SB 115 as amended by her Amendment 1, and then took the well to explain Amendment 1. She yielded to questions from Sens. Wiles, Fort and Thompson of the 33rd. Sen. Wiles took the well to speak against the Amendment 1. By a vote of 20 to 30, the Senate failed to agree. Sen. Rogers moved that the Senate adhere to its position on SB 288 and that a Conference Committee be appointed. Without objection, the Senate adhered and Sens. Rogers, Weber and Moody were appointed to the Conference Committee. Sen. John Bulloch of the 11th moved that the Senate adhere to its position on SB 636 and that a Conference Committee be appointed. Without objection, the Senate adhered and Sens. Bulloch, Hudgens and Pearson were appointed to the Conference Committee. Sen. Miles moved that the Senate disagree to the House Substitute to SB 115. Sen. Gloria Butler of the 55th moved to agree to the House Substitute to SB 115. Lt. Gov. Taylor ruled that a motion to agree takes precedence. The Senate then agreed to the House Substitute to SB 115 by a vote of 38 to 9. From the Upper Chamber Tuesday, March 28, 2006 Page 6 of 10 Sen. Kemp moved the Senate insist on its Substitute to HB 1412. There was no objection. Sen. Jim Whitehead, Sr. of the 24th moved the Senate adhere to its position on SB 500 and that a Conference Committee be appointed. There was no objection, and Sens. Bill Stephens of the 27th, Horacena Tate of the 38th and Cecil Staton of the 18th were appointed to the Conference Committee. HB 1040 was read and Sen. Thomas of the 54th took the well to present the legislation, which defines the total raw material cost of carpet samples for certain fair market valuation purposes. HB 1040 passed by a vote of 48 to 0. Sen. Jeff Mullis of the 53rd moved that HR 1339 and HB 1323 be placed on the table. There was no objection. The Secretary read HB 910 and Sen. Cagle took the well to present the Committee Substitute and Amendment 1. HB 910 provides for the comprehensive revision of Georgia code concerning cemeteries and funeral services. Amendment 1 was adopted by a vote of 34 to 0. The Committee Substitute was adopted by a vote of 34 to 0. HB 910 passed by substitute by a vote of 46 to 4. HB 1157 was read and Sen. Balfour took the well to explain the bill, which changes certain provisions regarding income tax credits for employers providing approved retraining programs. The ultimate intent of the legislation is to assist Delta Airlines. Sen. Steve Henson of the 41st took the well to explain Amendment 1. He yielded to questions from Sens. Balfour, Weber, Hudgens and David Shafer of the 48th. Sen. Henson moved to withdraw Amendment 1. Sen. Rogers moved to withdraw Amendment 1a. The Committee Substitute was adopted by a vote of 33 to 0. HB 1157 passed by substitute by a vote of 49 to 3. Sen. Rogers moved the Senate agree to the House Amendment to SB 531, and he took the well to explain the proposed House changes. The Senate agreed to the House Amendment to SB 531 by a vote of 46 to 1. From the Upper Chamber Tuesday, March 28, 2006 Page 7 of 10 Sen. Carter moved the Senate insist on its amendment to HB 1216, and there was no objection. Sen. Hill of the 32nd moved that the moved that the Senate adhere to its position on SB 238 and that a Conference Committee be appointed. Without objection, the Senate adhered and Sens. Hill of the 32nd, Ronnie Chance of the 16th and Staton were appointed to the Conference Committee. The Secretary read HB 1177 and Sen. Pearson took the well to present the bill, which will provide for bonding amounts for certain Department of Transportation projects and allow public/private initiatives for public road construction. The Secretary then read Amendment 1 by Sen. Thompson of the 33rd, and he took the well to explain his amendment. Sen. Thompson of the 33rd moved to waive the printing of Amendment 1 to continue with voting. Amendment 1 was adopted by a vote of 28 to 2. The Committee Substitute to HB 1177 was adopted by a vote of 29 to 0. HB 1177 passed by substitute by a vote of 44 to 1. The Secretary read HB 848, which provides a referendum vote in November on a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes. Sen. Cagle took the well to present the Committee Substitute. The Committee Substitute to HB 848 was adopted by a vote of 36 to 0. HB 848 passed by substitute by a vote of 45 to 1. Sen. Kemp moved that the Senate agree to the House Substitute to SB 450 as amended. He took the well to explain the current status of the bill. He yielded to questions from Sen. Starr. The Senate agreed to the House Substitute to SB 450 as amended by a vote of 49 to 0. HB 873 was read and Sen. Unterman took the well to present the bill, which will allow physician's assistants to render assistance during a state of emergency or public health emergency for a period of 48 hours. HB 873 passed by a vote of 48 to 0. The Secretary read HB 881, which specifies the requirements for practical training and experience for an applicant to obtain licensure through an apprenticeship program for dispensing opticians. From the Upper Chamber Tuesday, March 28, 2006 Page 8 of 10 Sen. Balfour moved to place HB 881 at the foot of the calendar. There was no objection. HB 955 was read and Sen. Wiles took the well to present the Committee Substitute, which adds an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the SmartCard fare payment system. The Committee Substitute to HB 955 was adopted by a vote of 38 to 0. HB 955 passed by substitute by a vote of 48 to 0. The Secretary read HB 294, which provides for photographic speed-monitoring systems in school speed zones. Sen. Balfour took the well to explain the changes in the Committee Substitute. He yielded to questions from Sens. Douglas, Heath and Chance. Sen. Wiles took the well to speak against the bill and the threat of big government. He yielded to questions from Sens. Pearson, Hill of the 32nd and Miles. Sen. Thompson of the 33rd took the well to speak in favor of the bill. Sen. Michael Meyer von Bremen of the 12th took the well to speak in favor of the bill and Amendment 1. Sen. Preston Smith of the 52nd moved to table HB 294. There was objection, and Lt. Gov. Taylor stated that a motion to table is not debatable. The motion to table HB 294 failed by a vote of 16 to 35. Sen. Smith took the well to present Amendment 1, which provides language concerning the collection of fines associated with the implementation of the speedmonitoring devices. He also spoke against the underlying bill. Sen. Smith yielded to questions from Sens. Heath and J.B. Powell of the 23rd. Sen. Douglas took the well to speak in favor of the legislation. Sen. Balfour took the well to conclude the debate on HB 294, and to urge passage of the legislation. Sen. Smith moved for a vote of yeas and nays on Amendment 1. Amendment 1 was adopted by a vote of 35 to 17. The Committee Substitute to HB 294 was adopted by a vote of 37 to 5. HB 294 passed by substitute as amended by a vote of 39 to 14. From the Upper Chamber Tuesday, March 28, 2006 Page 9 of 10 The Secretary read HB 847 and Sen. Harp took the well to present the bill, which establishes the conditions for minors to become emancipated by law and provides for the powers of the court relative to an emancipation proceeding. He also asked for the Senate's favorable support of Amendment 1. Sen. Hamrick took the well to explain Amendments 1 and 2. He yielded to questions from Sen. Weber. Sen. Harp took the well to speak against Amendment 2. Amendment 1 was adopted by a vote of 31 to 0. Sen. Hamrick called for a yeas and nays vote on Amendment 2. Amendment 2 was adopted by a vote of 32 to 16. HB 847 passed as amended by a vote of 47 to 2. The Secretary read HB 941, which authorizes Georgia counties to post documents relative to American heritage for education in public places. Sen. Hudgens took the well to explain the bill, and he listed the nine documents that can be posted. The Committee Substitute to HB 941 was adopted by a vote of 32 to 1. HB 941 passed by substitute by a vote of 43 to 4. Sen. Hudgens moved the Senate insist on its Substitute to HB 1372. There was no objection. Sen. Hamrick moved that the Senate disagree to the House Substitute to SB 503. There was no objection. Majority Leader Williams moved that the Senate insist on its Substitute to HB 1373. There was no objection. Majority Leader Williams moved to table the remaining bills on the day's calendar, including HB 1502, 1417, 1006, 1160, 1162, 1187, 1209, 429, 1227, 1228, 1290, 1380, 1385, 1392, 1399, 1008, 1473, 1497, 1564, 1053, 1073, 1316, 1259, 1126, 1097, 685 and 881. Sen. Balfour moved to adhere to the Senate position on HB 304 and appoint a Conference Committee. There was no objection, and Sens. Balfour, Jones and Heath were appointed to the Conference Committee. Majority Leader Williams then moved that the Senate stand adjourned until 10:00 a.m., Thursday, March 30. # # # # From the Upper Chamber Tuesday, March 28, 2006 Page 10 of 10