From the upper chamber 2007 March 20

Tuesday, March 20, 2007
The twenty-ninth day of the 2007 legislative session was called to order by President Pro Tempore Eric Johnson of the 1st.
Senator Don Balfour of the 9th stated that the journal had been read and was found to be correct.
Senate Bills 302-312, Senate Resolutions 439, 445, 446, 453, 454 and 471, House Bills 16, 48, 147, 219, 286, 321, 366, 429, 433, 457, 459, 518, 529, 547, 600, 601, 615, 616, 618, 621, 623, 624, 632 and 633 and House Resolution 102 were read for the first time and assigned to committees. The clerk of the Secretary then read the reports of standing committees and second readers.
After the morning roll call, Lieutenant Governor Casey Cagle took the gavel to preside.
Sen. Gloria Butler of the 55th then took the rostrum to lead the Senate in the Pledge of Allegiance. Sen. Butler introduced the Chaplain of the Day, Pastor Ronald Owens of New Bethel AME Church in Lithonia, who led the Senate in the daily devotional.
Sen. John Bulloch of the 11th took the well on a Point of Personal Privilege to recognize today as Agriculture Day at the Capitol and the fourth annual Agricultural Week.
The Consent Calendar for Privileged Resolutions, consisting of SR 431-438, 440-444, 448-450, 452 and 455-469, was unanimously adopted.
SR 447, 451, 470 and 472 were then read and adopted.
The Secretary read SB 174, which sets physical fitness standards for state employees. Sen. Johnny Grant of the 25th took the well to present the bill.
SB 174 passed by a vote of 48 to 1.
From the Upper Chamber Tuesday, March 20, 2007
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Lt. Gov. Cagle recognized several Special Olympic athletes serving as honorary pages in the Senate Chamber.
The Secretary read SB 80, which provides for alternative investments for public retirement systems. Sen. Judson Hill of the 32nd took the well to speak to the bill.
SB 80 passed by a vote of 29 to 23.
Sergeant-at-Arms Lorenzo Wallace escorted Sen. Valencia Seay of the 34th and her guest to the rostrum. The Secretary read SR 337, which recognizes Douglas Hodge, a professional actor from Clayton County. Sen. Seay took the rostrum to speak to Mr. Hodge's contributions to the state.
The Secretary read SB 111, which provides that within the university system, revenue collected from tuition shall not lapse.
Sen. Seth Harp of the 29th took the well to present the bill and Amendment 1, which makes language clarifications.
Amendment 1 was adopted by a vote of 35 to 0.
SB 111 was passed as amended by a vote of 51 to 1.
The Secretary read SB 148, called the Saving the Cure Act, which creates the Newborn Umbilical Cord Blood Bank for stem cell research and treatment.
Sen. David Shafer of the 48th took the well to discuss the bill and Amendment 1, and explain the benefits of stem cell research.
The Secretary read Amendment 2 to SB 148. Sen. David Adelman of the 42nd took the well to present Amendment 2, which removes language regarding the research of embryonic stem cells because of its controversial nature.
Sen. John Douglas of the 17th took the well to declare his support of the bill in its original form.
Sen. Shafer took the well to close the debate and address Amendment 2, which he believes strips the bill of its intent, and urged that the Senate vote against the Amendment. He yielded to questions from Sens. Steve Thompson of the 33rd, Adelman and Nan Orrock of the 36th.
Amendment 1 was adopted by a vote of 45 to 1.
Amendment 2 failed by a vote of 13 to 29.
Sen. Adelman moved for a yeas and nays vote on Amendment 2 and his Floor Substitute to SB 148.
From the Upper Chamber Tuesday, March 20, 2007
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Sen. Mitch Seabaugh of the 28th objected to the motion. After some discussion, Lt. Gov. Cagle ruled that Amendment 2 had failed, and he allowed a vote of yeas and nays on the Floor Substitute.
The Floor Substitute failed by a vote of 18 to 36.
SB 148 passed as amended by a vote of 39 to 15.
The Secretary read SR 293, which commends the E.W. Oliver Elementary School "mathletes". Sen. Seay took the rostrum to speak to the resolution.
Sen. Chip Pearson of the 51st took the rostrum to introduce former Virginia Gov. Jim Gilmore.
The Secretary read SB 132, which establishes a new effective date for making tax returns. Sen. Ed Tarver of the 22nd took the well to explain the bill.
The Committee Substitute was adopted by a vote of 31 to 0.
SB 132 passed by substitute by a vote of 53 to 0.
The Secretary read SB 146, which provides several definitions for public works bidding and other related provisions. Sen. Seabaugh took the well to speak to the bill.
SB 146 passed by a vote of 50 to 0.
The Secretary read SB 176, which provides that an annual report will be given to the General Assembly from the State Forestry Commission, relating to the condition of the state's forest resources. Sen. Ross Tolleson of the 20th took the well to discuss the bill. He yielded to questions from Sen. Thompson of the 33rd.
The Committee Substitute was adopted by a vote of 33 to 0.
SB 176 passed by a vote of 54 to 0.
The Secretary read SB 177, which changes the term of superior courts in Pike County. Sen. Ronnie Chance of the 16th took the well to speak to the bill.
SB 177 passed by a vote of 51 to 0.
The Secretary read SB 203, which increases the punishment for crimes involving public utilities property, such as the theft of semi-precious metals. Sen. Harp took the well to explain the bill and the Floor Amendment. He yielded to questions from Sen. Michael Meyer von Bremen of the 12th.
The Floor Amendment to the Committee Substitute was adopted by a vote of 38 to 0.
From the Upper Chamber Tuesday, March 20, 2007
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The Committee Substitute was adopted as amended by a vote of 36 to 0.
SB 203 passed by substitute by a vote of 49 to 0.
The Secretary read SB 212, which states that news media cannot obtain social security numbers or dates of birth of public employees. Sen. Balfour took the well to explain the bill, and some of the debate surrounding it.
SB 212 passed by a vote of 49 to 1.
Sen. Tolleson took the rostrum to honor and recognize the achievements of Major General Tom Owen, Warner Robbins Air Logistics Center commander. Maj. Gen. Owen took a few minutes to address the Senate.
The Secretary read SB 194, which makes several changes to Georgia law on absentee ballots. Sen. Cecil Staton of the 18th took the well to speak to the bill.
SB 194 passed by a vote of 53 to 0.
The Secretary read several resolutions commending Dawson County community leaders. Sen. Pearson took the rostrum to introduce his guests and thank them for their contributions to the community.
The Secretary read SB 145, which adds the sentencing option of life without parole for those convicted of murder.
Sen. Preston Smith of the 52nd took the well to discuss the bill and a Floor Amendment, stating that SB 145 would allow a court to seek a life without parole sentence for the crime of murder without having to prove aggravated circumstances. He yielded to questions from Sens. Vincent Fort of the 39th and Thompson of the 33rd.
The Floor Amendment was adopted by a vote of 35 to 0.
SB 145 passed as amended by a vote of 49 to 3.
The Senate stood in recess for lunch until 1:00 p.m.
Upon returning from lunch, the Secretary read SB 139, which transfers the Georgia Public Defender Standards Council from the judicial branch of government to the executive branch for budgetary purposes.
Sen. John Wiles of the 37th took the well to present the Committee Substitute. He yielded to questions from Sen. Steve Henson of the 41st.
The Committee Substitute to SB 139 was adopted by a vote of 33 to 0.
SB 139 passed by substitute by a vote of 40 to 7.
From the Upper Chamber Tuesday, March 20, 2007
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The Secretary read SB 67, which provides that contingent expenses incurred in holding any session of the superior court shall not be paid out of the county treasury of such county.
Sen. Wiles took the well to present the bill. He yielded to questions from Sens. Tarver and Fort.
SB 67 passed by a vote of 43 to 9.
SB 99 was moved to the foot of the calendar.
SB 154 was read. The legislation would require compensation for economic loss to be paid to solid waste collection firms by a municipal corporation that displaces the firm due to the annexation or incorporation of new areas.
Sen. Jack Murphy of the 27th took the well to present the bill and Amendments 1 and 2. In the tradition of the Senate, he yielded to questions in jest from Sens. Jeff Mullis of the 53rd, Bill Hamrick of the 30th, Jim Whitehead, Sr. of the 24th and Johnson. This is a longstanding practice used to "haze" freshman Senators.
Amendment 1 was adopted by a vote of 40 to 1.
Amendment 2 was adopted by a vote of 46 to 0.
SB 154 passed as amended by a vote of 48 to 4.
The Secretary read SB 33, which authorizes the development and implementation of a statewide first responder building mapping information system.
Sen. Ed Harbison of the 15th took the well to present the bill.
SB 33 passed by a vote of 54 to 0.
The Secretary read SB 123, which would require a school to place twins or multiples from the same family in the same classroom if the children are in the same grade level and the children's parent or guardian requests the placement.
Sen. Chip Rogers of the 21st took the well to explain the provisions of the bill.
SB 123 passed by a vote of 50 to 0.
SB 134 was read. The legislation will allow the state attorney general to retain financial, economic, health planning or other experts to assist in the transfer of ownership of a hospital.
Sen. Smith took the well to explain the bill.
SB 134 passed by a vote of 51 to 0.
From the Upper Chamber Tuesday, March 20, 2007
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The Secretary read SB 153, which provides for the development of consumer-driven health insurance plans by the Commissioner of Insurance, and allows the plans to include wellness and health promotion programs.
Sen. Hill of the 32nd took the well to explain the Committee Substitute.
The Committee Substitute to SB 153 was adopted by a vote of 36 to o.
SB 153 passed by substitute by a vote of 45 to 8.
Sen. Bill Heath of the 31st moved that SB 160 be placed at the foot of the calendar. There was no objection.
The Secretary read SB 169, which will allow the Georgia Student Finance Authority to provide for direct loans to students for attendance at certain post-secondary institutions at the rate of one percent annually.
Sen. Hamrick took the well to explain his bill.
SB 169 passed by a vote of 54 to 0.
The Secretary read SB 178, which provides that the use of mails or other common carriers to sell, distribute and deliver a prescription drug directly to a patient under certain circumstances shall not be considered grounds for sanctioning the license of a pharmacist.
Sen. Balfour took the well to explain the bill.
The Committee Substitute to SB 178 was adopted by a vote of 39 to 0.
SB 178 passed by substitute by a vote of 47 to 6.
SB 184 was read. The legislation changes Georgia income tax laws, modifying the computation of deductible business expenses. Amendment 1 was also read, making a minor technical change to the bill.
Sen. Rogers took the well to explain the legislation.
Amendment 1 was adopted by a vote of 38 to 0.
SB 184 passed as amended by a vote of 50 to 1.
The Secretary read SB 185, which provides that an applicant for a certificate of number for certain watercraft purchased outside the State must prove by documentation that the sales and use tax has been paid or is not due.
Sen. Jack Hill of the 4th took the well to explain the Committee Substitute.
From the Upper Chamber Tuesday, March 20, 2007
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The Committee Substitute was adopted by a vote of 29 to 0.
SB 185 passed by substitute by a vote of 50 to 1.
SB 193 was read. The bill provides that, if a county governing authority provides group health insurance benefits for county employees, such benefits must also be offered to the sheriff, judge of probate court, clerk of superior court and certain other county employees.
Sen. Mullis took the well to present the Committee Substitute.
The Committee Substitute was adopted by a vote of 35 to 0.
SB 193 passed by substitute by a vote of 49 to 0.
Sen. Grant moved that SB 200 be placed at the foot of the calendar. There was no objection.
Sen. Grant then moved that SR 309 also be placed at the foot of the calendar. There was no objection.
The Secretary read SR 20, which would propose an amendment to the Georgia Constitution, so as to provide for limitations on state government taxation and expenditures.
Sen. Rogers took the well to explain the resolution, and he also spoke in favor of Amendment 1.
Sen. Tim Golden of the 8th took the well to present Amendment 1, which requires the state to first fund increases due to student enrollment for local school systems, and then excess revenues can be transferred to the state reserves.
Sen. Rogers moved to reconsider the Committee Substitute to SR 20.
The motion to reconsider was adopted by a vote of 37 to 1.
Amendment 1 was adopted by a vote of 45 to 0.
The Committee Substitute was adopted as amended by a vote of 48 to 0.
SR 20 was adopted by a vote of 44 to 6.
The Secretary read SB 220, which changes certain provisions relating to agricultural warehouse receipt requirements, obtaining printed forms and use of electronic receipts.
Sen. Bulloch took the well to explain the legislation.
SB 220 passed by a vote of 47 to 0.
From the Upper Chamber Tuesday, March 20, 2007
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Sen. Seabaugh moved to place SR 5 at the foot of the calendar. The Secretary read SB 99, which will permit limousine carriers to sell alcoholic beverages. Sen. Grant took the well to explain the bill. He yielded to questions from Sens. Adelman, Thompson of the 33rd and Balfour. The Committee Substitute was adopted by a vote of 29 to 0. The Committee Substitute to SB 99 failed by a vote of 23 to 25. Following the announcements, Majority Leader Williams moved that pursuant to HR 473, the Senate stand in recess until 10:00 p.m., then adjourn until 10:00 a.m., Tuesday, March 27.
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From the Upper Chamber Tuesday, March 20, 2007
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