Tuesday, April 17, 2007 The thirty-eighth day of the 2007 legislative session was called to order by Lieutenant Governor Casey Cagle. Senator Don Balfour of the 9th stated that the journal had been read and was found to be correct. The clerk of the Secretary then read the reports of standing committees and second readers. Majority Leader Tommie Williams of the 19th moved to dispense with the morning roll call. There was no objection. Sen. Steve Henson of the 41st led the Senate in the Pledge of Allegiance. He then introduced the Chaplain of the Day, Pastor Charles Kimball of Pine Lake Baptist Church in Stone Mountain, who led the Senate in the daily devotional. Sen. Vincent Fort of the 39th took the well on a Point of Personal Privilege to address his thoughts on the Senate's efforts to pass certain pieces of legislation. Sergeant-at-Arms Lorenzo Wallace escorted Senators Williams, Jack Hill of the 4th, Nan Orrock of the 36th and their guest to the rostrum. SR 547 was read, which recognizes John W. Harris III on the occasion of his retirement from custodial services to the General Assembly. Sen. Hill of the 4th took the well to thank Mr. Harris for his 20 years of service. SR 654-658 were read and adopted. The Secretary read SR 528, which commends the Stephenson High School Lady Jaguars Varsity Basketball Team for its achievements. Sen. Gloria Butler of the 55th took the rostrum to speak to the resolution and highlight the team's success. From the Upper Chamber Tuesday, April 17, 2007 Page 1 of 12 SR 638 was read, which commends Rainbows, Inc. for its work helping children who are in grief after a life-altering event. Sen. John Bulloch of the 11th took the rostrum to speak to the resolution. The Secretary read SR 124, which urges the U.S. Congress to withdraw the nation from the Security and Prosperity Partnership of North America. Sen. Preston Smith of the 52nd introduced the Doctor of the Day, Dr. John Spence of Rome. Sen. Nancy Schaefer of the 50th then took the well to speak to SR 124. She yielded to questions from Sens. Orrock, Jim Whitehead, Sr. of the 24th, Steve Thompson of the 33rd, Michael Meyer von Bremen of the 12th and John Douglas of the 17th. Sen. Seth Harp of the 29th took the well to speak against the resolution. Sen. Henson moved to table SR 124. There was objection. SR 124 failed by a vote of 27 to 19. Sen. Mitch Seabaugh of the 28th moved to reconsider SR 124. HB 95 was read, which establishes the FY08 budget. Sen. Hill of the 4th took the well to present the Senate version of the amended budget. He yielded to questions from Sens. Meyer von Bremen, Orrock and Ed Harbison of the 15th. President Pro Tempore Eric Johnson of the 1st took the gavel to preside. Sen. Thompson of the 33rd then took the well to address the FY08 budget act. The Committee Substitute was adopted by a vote of 41 to 0. HB 95 passed by substitute by a vote of 53 to 1. Sen. Johnny Grant of the 25th took the well to recognize the family of Henry Scott Vener, a leader in Northeast Georgia. The motion to reconsider SR 124 then passed by a vote of 30 to 19. The Senate stood in recess for one hour for lunch. Upon returning from lunch, HB 776, 827, 828, 830, 834 and 847 were read for the first time and assigned to committee. Sen. Ross Tolleson of the 20th took the well to discuss the disastrous forest fires moving through South Georgia. From the Upper Chamber Tuesday, April 17, 2007 Page 2 of 12 The Secretary read HB 148, which provides an exemption on the sale of tangible property to or in construction or expansion of an aquarium for a limited period of time. Sen. Chip Pearson of the 51st took the well to present the bill, which renews a tax exemption for the Georgia Aquarium's proposed expansion. The Committee Substitute was adopted by a vote of 33 to 0. HB 148 passed by substitute by a vote of 44 to 1. HB 117 was read. The legislation exempts motorcycles, all-terrain vehicles and utility vehicles from the definition of motor vehicle relative to motor vehicle franchises. Sen. Tolleson took the well to explain the bill. Amendment 1 was also read, making some minor language changes to the bill. Sen. Chip Rogers of the 21st took the well to explain his amendment. Amendment 1 was adopted by a vote of 40 to 0. The Committee Substitute was adopted as amended by a vote of 36 to 0. HB 117 passed by substitute by a vote of 48 to 1. The Secretary read HB 169, which provides for exemptions for a certain period of time with respect to certain donations of prepared food and beverages. Sen. Balfour took the well to present the bill. HB 169 passed by a vote of 50 to 0. SR 625 was read. The resolution commends Mr. Roy Bahl for his achievements in education and tax policy. Sen. Bulloch and others took the rostrum to honor Mr. Bahl. The Secretary read HB 183, which changes the definition of salvaged or rebuilt motor vehicles and other related issues. Sen. Rogers took the well to explain the bill. HB 183 passed by a vote of 48 to 0. HB 193 was read. The bill provides for a partial exemption from the state sales and use tax on certain sales or uses of jet fuel. Sen. Pearson took the well to present the bill. The Committee Substitute was adopted by a vote of 38 to 0. HB 193 passed by a vote of 50 to 0. The Secretary read HB 197, which repeals provisions allowing the review of sentences of imprisonment for a period exceeding 12 years by a three-judge panel. The legislation also requires parties to raise objections to jury charges prior to the jury retiring to deliberate. From the Upper Chamber Tuesday, April 17, 2007 Page 3 of 12 Amendment 1 was read, allowing certain courts to review certain sentences and correct or reduce such sentences. Sen. Smith took the well to explain the underlying bill. Sen. Bill Hamrick of the 30th took the well to explain the section on objections to jury charges. Sen. Emanuel Jones of the 10th took the well to urge support of Amendment 1. He yielded to questions from Sens. Bill Heath of the 31st, Smith, Regina Thomas of the 2nd, Meyer von Bremen and Kasim Reed of the 35th. Amendment 1a was read, making a minor language change to Amendment 1. Sen. David Adelman of the 42nd took the well to explain Amendment 1a. Sen. Balfour took the gavel to preside over the Senate. President Pro Tem Johnson took the well to speak against Amendment 1. He yielded to questions from Sens. Jones and Smith. Sen. Dan Weber of the 40th took the well to speak in favor of Amendment 1. Sen. Thomas of the 2nd took the well to also speak in favor of Amendments 1 and 1a. Sen. Smith took the well to speak in favor of the underlying bill and against the Amendments. He yielded to questions from Sens. Adelman and Weber. Sen. David Shafer of the 48th moved for a yeas and nays vote on the Amendments. Amendment 1a was lost by a vote of 21 to 30. Amendment 1 was lost by a vote of 19 to 32. The Committee Substitute was adopted by a vote of 40 to 0. HB 197 passed by substitute by a vote of 38 to 13. Sen. Hill of the 4th moved that the Senate insist on its substitute to HB 95, the FY 08 general appropriations act. There was no objection. The Secretary read HB 219, which provide for prepayments of certain local sales and use taxes with respect to motor fuels. Majority Leader Williams took the well to present the bill. The Committee Substitute was adopted by a vote of 29 to 0. HB 219 passed by substitute by a vote of 42 to 0. From the Upper Chamber Tuesday, April 17, 2007 Page 4 of 12 HB 222 was read. The legislation prohibits county tax commissioners and certain employees from purchasing property offered for sale under tax executions or tax foreclosure proceedings. Sen. Ron Ramsey of the 43rd took the well to present the bill. In the tradition of the Senate, he yielded to questions in jest from Sens. Henson, John Wiles of the 37th, Heath, Jeff Mullis of the 53rd and Williams. This is a longstanding practice used to "haze" freshman Senators. HB 222 passed by a vote of 43 to 0. Sen. Rogers moved that the Senate agree to the House Amendment to the Senate substitute to HB 357. He took the well to explain the legislation. The Senate agreed to the House Amendment to the Senate substitute to HB 357 by a vote of 45 to 1. Sen. Hamrick moved that the Senate disagree to the House substitute to SB 98. There was no objection. Sen. Bulloch moved that the Senate disagree to the House substitute to SB 275. There was no objection. The Secretary read HB 528, which provides for licensing standards and requirements for different levels of cosmetic laser practitioners. The bill goes on to implement new regulations regarding cosmetic laser licensing and training. Amendments 1, 1a, 2, 3 and 4 were also read. Sen. Seabaugh took the well to explain the bill, and he spoke in favor of Amendments 1, 1a and 2. Amendments 1, 1a and 2 make minor language changes to the bill. Sen. Don Thomas of the 54th took the well to speak to Amendment 3, which also makes a minor language change. Sen. Tolleson took the well to explain Amendment 4, which will allow the creation of a committee to govern nurse/physician protocol agreements. He yielded to questions from Sens. Renee Unterman of the 45th and Wiles. Sen. Wiles took the well to speak against Amendment 4. He yielded to questions from Sen. Unterman. Sen. Seabaugh took the well to conclude the debate on HB 528. He urged support of Amendments 1, 1a and 2, and asked Senators to vote against Amendments 3 and 4. He yielded to questions from Sens. Smith and Unterman. From the Upper Chamber Tuesday, April 17, 2007 Page 5 of 12 Sen. Wiles asked if Amendment 4 was germane to the underlying bill. Sen. Balfour ruled Amendment 4 to be non-germane. Amendment 1a was adopted by a vote of 33 to 0. Amendment 1 was adopted as amended by a vote of 33 to 0. Amendment 2 was adopted by a vote of 29 to 0. Sen. Unterman moved for a yeas and nays vote on Amendment 3. Amendment 3 was adopted by a vote of 24 to 23. Sen. Seabaugh moved to reconsider Amendment 3, and there was objection. The motion to reconsider Amendment 3 was approved by a vote of 26 to 23. Upon reconsideration, Amendment 3 failed by a vote of 23 to 29. The Committee Substitute was adopted as amended by a vote of 29 to 2. HB 528 passed by substitute by a vote of 46 to 5. Sen. Hill of 4th moved that the Senate adhere to its position on HB 95, and that a Conference Committee be appointed. The motion was adopted by a vote of 31 to 0. Sens. Johnson, Williams and Hill of the 4th were then appointed to the Conference Committee on the FY 08 budget. The Secretary read HB 587, which provides for revocation of a certificate of public convenience and necessity if the holder of the certificate has not begun construction or operation of a pipeline or distribution system in the territory covered by such certificate where an end-use customer, property owner or developer has requested natural gas service. Amendment 1 was also read. Sen. Bill Cowsert of the 46th took the well to present the bill. He yielded to questions from Sens. Smith, Adelman, Thompson of the 33rd and Seabaugh Lt. Gov. Cagle returned to preside. Sen. Doug Stoner of the 6th asked about the germaneness of Amendment 1. Lt. Gov. Cagle ruled that Amendment 1 was non-germane. The Committee Substitute to HB 587 was adopted by a vote of 29 to 1. HB 587 passed by substitute by a vote of 44 to 7. Sen. Johnson moved that the Senate recede from its position on HB 282. He took the well to explain the legislation. From the Upper Chamber Tuesday, April 17, 2007 Page 6 of 12 Sen. Seabaugh took the well to address the Senate Amendment. The Senate receded from its position on HB 282 by a vote of 39 to 10, which constitutes final passage of the bill. Sen. Schaefer moved that the Senate insist on its substitute to HB 147. There was no objection. The Secretary read HB 340, which revises the eligibility requirements and benefits available under the PeachCare for Kids program. Several amendments were also read. Sen. Greg Goggans of the 7th took the well to explain the Senate substitute to the bill. He yielded to questions from Sens. Thompson of the 33rd, Reed and Horacena Tate of the 38th. Sen. Tate then took the well to speak to the Senate version of HB 340. The Secretary read Amendment 6a, which removes language regarding the PeachCare Extended Program. Sen. Orrock took the well to speak to the Amendments and to the underlying bill. Sen. Wiles took the well to speak to HB 340. He yielded to questions from Sen. Orrock, Thompson of the 33rd and Reed. Sen. Thomas of the 2nd took the well to address the bill. Sen. Reed took the well to oppose HB 340, and provided information regarding the level of enrollment by county. Amendment 1, which adds language regarding return information of PeachCare applicants' income, was adopted by a vote of 29 to 2. Amendment 2, which increases the percentage of a family's income for payment of premiums, failed by a vote of 21 to 30. Amendment 3, which changes the poverty level income percentage for PeachCare participants, failed by a vote of 20 to 34. Amendment 4, which makes further changes to the poverty level income percentage for PeachCare participants, failed by a vote of 22 to 32. Amendment 5, which changes the age of child who is exempt from co-payment charges, failed by a vote of 21 to 33. Amendment 6a failed by a vote of 18 to 27. From the Upper Chamber Tuesday, April 17, 2007 Page 7 of 12 Amendment 6, which adds a new section establishing enrollment in PeachCare to all eligible children, failed by a vote of 20 to 33. Amendment 7, which makes additional changes to the poverty level income percentage for PeachCare participants, failed by a vote of 21 to 33. Amendment 8, which makes a minor language change, was adopted by a vote of 34 to 20. Amendment 9, which makes provisions relating to federal funding for the extended program, failed by a vote of 20 to 34. The Committee Substitute was adopted as amended by a vote of 32 to 9. HB 340 passed by substitute by a vote of 32 to 21. The Senate stood at ease for thirty minutes. The Secretary read HB 107, which provides for the disclosure of franchise fees for municipal governments. Sen. Shafer took the well to speak to the bill. HB 107 passed by a vote of 38 to 0. HB 120 was read, which provides for travel allowances for appellate Justices and Judges. Sen. Smith took the well to present the bill. HB 120 passed by a vote of 43 to 1. The Secretary read HB 122, which excludes certain feeds from labeling requirements of commercial feeds. Sen. Bulloch took the well to present the bill. HB 122 passed by a vote of 44 to 0. HB 131 was read, which extends the benefits of the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship to surviving spouses. Sen. Harp took the well to present the Committee Substitute, which extends the amount of time a surviving spouse has to apply for the scholarship. The Committee Substitute was adopted by a vote of 43 to 0. HB 131 passed by substitute by a vote of 47 to 0. The Secretary read HB 168, which changes the qualifications for an associate juvenile court judge. From the Upper Chamber Tuesday, April 17, 2007 Page 8 of 12 Sen. Meyer von Bremen took the well to explain the bill. The Committee Substitute was adopted by a vote of 33 to 0. HB 169 passed by substitute by a vote of 48 to 0. HB 162 was read, which provides for tax exemptions for items used in the construction of a performing arts amphitheater facility and for medical supplies for volunteer health clinics. Sen. Dan Moody of the 56th took the well to present the bill. Sen. Schaefer took the well to present Amendment 1, which adds an additional sales tax exemption. She yielded to questions from Sen. Orrock. Sen. Stoner took the well to present Amendment 2, which makes a minor language change regarding construction materials. Amendment 1 was adopted by a vote of 35 to 4. Amendment 2 was adopted by a vote of 34 to 2. The Committee Substitute was adopted as amended by a vote of 31 to 0. HB 162 passed by substitute by a vote of 44 to 2. Sen. Balfour moved that HB 89 be moved to the foot of today's calendar. There was no objection. The Secretary read 264, which changes the manner of distribution for proceeds of homestead options sales tax (HOST). Sen. Weber took the well to present the bill. Lt. Gov. Cagle took the gavel to preside. HB 264 passed by a vote of 43 to 3. The Secretary read HB 374, which moves the definition of the hotel/motel tax to the top of the code section. Sen. Hooks took the well to explain the bill. He yielded to questions from Sen. Wiles. Sen. Cecil Staton of the 18th took the well to present Amendment 1, which provides funding for a trauma care system in Georgia. He yielded to questions from Sen. Harbison. Sen. Adelman took the well to urge support of the Amendment. Sen. Hooks again took the well to speak against the Amendment and close discussion on the bill. From the Upper Chamber Tuesday, April 17, 2007 Page 9 of 12 Sen. Smith moved for a ruling on the germaneness of Amendment 1. Lt. Gov. Cagle ruled the Amendment germane. Amendment 1 was adopted by a vote of 32 to 19. HB 374 passed as amended by a vote of 30 to 20. HB 375 was read, which provides that students who serve as General Assembly pages be credited as present by their school. Sen. Weber took the well to present the bill. HB 375 passed by a vote of 50 to 0. The Secretary read HB 383 was read, which makes changes to the Georgia Condominium Act to allow for the creation of master and sub condominium associations. Sen. Hamrick took the well to explain the bill. HB 383 passed by a vote of 48 t0 1. The Secretary read HB 389, which amends provisions relating to the definitions of limousine carriers. Sen. Reed took the well to explain the bill the Committee Amendment. The Committee Amendment was adopted by a vote of 31 to 0. HB 389 passed by a vote of 48 to 1. HB 429 was read, which is the Georgia HIV Pregnancy Screening Act of 2007 that requires physicians to test pregnant women for HIV. Sen. Thomas of the 54th took the well to speak to the bill. Sen. Joseph Carter of the 13th took the well to present Amendment 1, which establishes the Health Strategies Council and the Department of Community Health as an advisory body. Amendment 1 was adopted by a vote of 32 to 3. HB 429 passed as amended by a vote of 45 to 2. HB 430 was read, which protects land from the adverse possession by railroad companies. Sen. Pearson took the well to speak to the bill. The Committee Substitute was adopted by a vote of 27 to 2. HB 430 passed by substitute by a vote of 44 to 3. The Secretary read HB 445, which closes a loophole in a property tax break bill. From the Upper Chamber Tuesday, April 17, 2007 Page 10 of 12 Sen. Hooks took the well to present the bill. He yielded to questions from Sen. Smith. Sen. Pearson took the well to present the Committee Substitute, which allows taxpayers to transfer unused tax credits to another taxpayer. The Committee Substitute was adopted by a vote of 33 to 1. HB 445 passed by substitute by a vote of 25 to 5. The Secretary read HB 182, which establishes the equalized adjusted property tax digest. Sen. Rogers took the well present the bill. HB 182 passed by a vote of 51 to 0. The Secretary read HB 221, which changes certain provisions relating to affidavits required to accompany charges of professional malpractice. Sen. Lee Hawkins of the 49th took the well to speak to the bill. HB 221 passed by a vote of 46 to 5. The Secretary read HB 232, which provides some changes to the Georgia Development Impact Fee Act. Sen. Weber took the well to present the bill. He yielded to questions from Sen. Fort. HB 232 passed by a vote of 39 to 7. HB 240 was read, which makes changes to The Retail Installment and Home Solicitation Sales Act by increasing the authorized maximum delinquency charge for late installment payments. Sen. Tolleson took the well to explain the bill. HB 240 passed by a vote of 41 to 6. HB 242 was read, which provides for an exemption of certain high-deductible healthcare plans. Sen. Rogers took the well to explain the bill. He yielded to questions from Sen. Orrock. Sen. Judson Hill of the 32nd took the well to speak to Section 3 of the bill. He yielded to questions from Sens. Meyer von Bremen, Jones, Orrock and Adelman. From the Upper Chamber Tuesday, April 17, 2007 Page 11 of 12 The Secretary read Amendment 1, which allows medium-sized businesses take advantage of such exemptions. Sen. Jones took the well to address the Amendment and he yielded to questions from Sen. Hamrick. Lt. Gov. Cagle ruled Amendment 1 out of order. HB 242 was passed by a vote of 48 to 3. The Senate stood in recess for ten minutes. Upon returning from recess, Sen. Balfour moved that the Senate stand adjourned until 10:00 a.m., Thursday, April 19. # # # # From the Upper Chamber Tuesday, April 17, 2007 Page 12 of 12