From the upper chamber 2008 March 6

Report for Thursday, March 6, 2008
The twenty-ninth day of the 2008 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.
Senate Bill 552, Senate Resolutions 1092 and 1097 and House Bills 336, 545, 602, 790, 791, 873, 948, 1018, 1031, 1042, 1209, 1327 and 1361 were read for the first time and assigned to committees. The clerk then read the reports of standing committees and second readers.
After the morning roll call, Sen. Bill Hamrick of the 30th led the Senate in the Pledge of Allegiance. He then introduced the Chaplain of the Day, Legislative Assistant Laurie Sparks, who led the Senate in the daily devotional.
Lt. Gov. Cagle paused to recognize former Sen. Jim Whitehead, Sr. on the floor of the Senate.
SR 1088-1092, 1094-1096, 1098, 1099 and 1038 were read and adopted.
Sen. Judson Hill of the 32nd took the well on a Point of Personal Privilege to ask the Senate to rise in a moment of silence in recognition of Lauren Burk, a Walton High School graduate who died Tuesday in a fatal shooting.
The Senate Local Consent Calendar, consisting of HB 1099, 1330, 1347 and SB 516, was adopted by a vote of 47 to 0.
Sen. Bill Cowsert of the 46th took the rostrum to introduce the Doctor of the Day, Dr. John Hill of Athens.
The clerk read SR 1086, which congratulates Professor Bill Thomas, director of the Georgia Legislative Intern program, on the occasion of his retirement. President Pro
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Tempore Eric Johnson of the 1st took the rostrum to speak to the resolution and to introduce Professor Thomas to the Senate.
Sen. Balfour took the well to announce that the Rules Committee Meeting on Monday, March 10, is the final opportunity to get bills on the Senate floor before Crossover Day.
The clerk read SB 396, which transfers payroll functions from the Department of Administrative Services to the Council of Superior Court Judges.
Sen. Hamrick took the well to present the Committee Substitute.
The Committee Substitute to SB 396 was unanimously adopted.
SB 396 passed by substitute by a vote of 51 to 0.
The clerk read SB 217, which allows homeowner organizations to enforce local ordinances.
Sen. Curt Thompson of the 5th took the well to present the bill and the amendments, the first of which limits the powers of the homeowner organizations. Amendment 2 provides for further language clarifications.
Amendment 1 was unanimously adopted.
Amendment 2 was unanimously adopted.
The Committee Substitute to SB 217 was unanimously adopted as amended.
SB 217 passed by substitute by a vote of 43 to 8.
The clerk read SB 412, which changes the names of "safety belt" and "air bag" to "life belt" and "life bag."
Sen. Emanuel Jones of the 10th took the well to present the bill and yielded to questions from Senators Jack Murphy of the 27th, Preston Smith of the 52nd and Steve Thompson of the 33rd.
SB 412 passed by a vote of 42 to 10.
The clerk read SB 414, which makes several changes to the provisions of the Georgia Firefighter Standards and Training Council.
Sen. Jeff Mullis of the 53rd took the well to present the bill.
The Committee Substitute to SB 414 was unanimously adopted.
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SB 414 passed by substitute by a vote of 48 to 0.
The clerk read SB 404, the Georgia Health Marketplace (GHM) Act, which provides access for individuals and businesses to purchase individual health insurance policies. The clerk also read Amendment 1, which seeks to include specific screenings, tests and services in all insurance policies for sale on the GHM.
Majority Leader Tommie Williams of the 19th took the well to present the bill. He yielded to questions from Sens. Nan Orrock of the 36th, Goggans and Gloria Butler of the 55th.
Sen. Thompson of the 33rd took the well to discuss some of his concern with removing mandated coverages from current state law.
Sen. Hill of the 32nd took the well to speak in support of the bill.
Sen. Seth Harp of the 29th took the well to discuss the opposing sides of the current healthcare debate. He yielded to questions from Sens. Mitch Seabaugh of the 28th and Lee Hawkins of the 49th.
Sen. Orrock took the well to emphasize the need for healthcare reform and her concerns that the bill falls short of solving the issues. She yielded to questions from Sen. Hill of the 32nd.
The clerk read Amendments 2-4.
Sen. Horacena Tate of the 38th took the well to present her Amendment 1.
Sen. Butler took the well to present her Amendment 2, which adds coverage for prescription inhalers to the bill. She yielded to questions from Sen. Harp.
Sen. Johnson took the well to speak to his Amendment 3, which adds obstetricians and gynecologists to direct access. He yielded to questions from Sen. Orrock.
Sen. Hill of the 32nd took the well to present his Amendment 4, which simply provides for language clarifications.
Sen. Steve Henson of the 41st took the well to speak in support of Amendment 1, as it helps strengthen women's healthcare in Georgia.
Sen. Williams took the well to close the debate and speak in support of Amendments 3 and 4. He yielded to questions from Sen. Henson.
Amendment 1 failed by a vote of 22 to 30.
Amendment 2 failed by a vote of 18 to 34.
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Amendment 3 was adopted by a vote of 52 to 1.
Amendment 4 was unanimously adopted.
The Committee Substitute to SB 404 was unanimously adopted as amended.
SB 404 passed by substitute by a vote of 42 to 12.
The clerk read SR 1092, which designates today as Diabetes Awareness Day. Sen. George Hooks of the 14th took the rostrum to speak to the resolution and introduce students of Fort Valley Middle School to the Senate.
Sergeant-at-Arms Lorenzo Wallace escorted Sens. Jones, Gail Davenport of the 44th, John Douglas of the 17th and their guests to the rostrum. The clerk read SR 1085, which recognizes the Mr. and Miss Teen Special Henry County pageant. Sen. Jones took the rostrum to speak to the resolution.
Sergeant-at-Arms Wallace then escorted Sen. Douglas and his guests to the rostrum. The clerk read SR 1068, which designates today as Atlanta Motor Speedway Day at the Capitol. Sen. Douglas took the rostrum to speak to the resolution.
The Senate recessed for lunch and returned at 1:30 p.m.
The clerk read SB 424, which allows the State Barber Board to increase the number of apprentices a barber is allowed to train.
Sen. Johnny Grant of the 25th took the well to present the Committee Substitute. He yielded to questions from Sen. Smith.
The Committee Substitute to SB 424 was unanimously adopted.
SB 424 passed by substitute by a vote of 41 to 0.
The clerk read SB 425, which authorizes the Commissioner of the Department of Administrative Services to establish incentive programs and encourage state agencies to participate in loss control programs.
Sen. Grant took the well to present the bill.
SB 424 passed by a vote of 48 to 1.
The clerk read SB 449, which limits the liability of property owners who allow others to hunt on their property. The bill is known as the Landowners Protection Act of 2008.
Sen. Bill Heath of the 31st took the well to present the bill and Amendment 1, which adds fishing as an activity included in the bill. Sen. Heath also spoke against Amendment 2, which restricts the bill to apply only to those 16 years old or older who hunt on such property.
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He yielded to questions from Sens. Regina Thomas of the 2nd, Ed Tarver of the 22nd, Jones, Hooks, Thompson of the 33rd and Orrock.
Sen. Johnson took the gavel to preside over the Senate.
Sen. Thompson of the 33rd moved for the previous question. The motion failed by a vote of 20 to 28.
Sen. Harp took the well to present Amendment 2. He yielded to questions from Sen. Michael Meyer von Bremen of the 12th.
Lt. Gov. Cagle took the gavel to preside over the Senate.
Sen. John Wiles of the 37th took the well to speak against Amendment 2. He yielded to questions from Sen. Joseph Carter of the 13th.
Sen. Smith took the well to discuss the levels of duty of care in negligence cases.
The clerk read Amendments 3 and 4.
Sen. Williams took the well to present his Amendment 1.
Sen. David Adelman of the 42nd took the well to present Amendment 2. He yielded to questions from Sen. Heath.
Sen. Dan Weber of the 40th took the well to present Amendments 3 and 4. Amendment 3 states that if someone is hunting or fishing free of charge, then the property owner has immunity from liabilities. Amendment 4 strikes all references to agritourism. He yielded to questions from Sens. Adelman and Wiles.
Amendment 1 was unanimously adopted.
Amendment 2 was adopted by a vote of 26 to 19.
Sen. Weber moved to withdraw Amendment 3. There was no objection.
Amendment 4 failed by a vote of 20 to 23.
Sen. Harp asked to be excused from voting on the bill. There was no objection.
The Committee Substitute to SB 449 was unanimously adopted as amended.
SB 449 passed by substitute by a vote of 38 to 14.
Sen. Cecil Staton of the 18th moved that the Senate agree to the House Substitute to SB 276, which allows consumers to stack their coverage on top of an at-fault driver's. He
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yielded to questions from Sens. David Shafer of the 48th and Ralph Hudgens of the 47th, Chip Rogers of the 21st and Hooks.
Sen. Shafer took the well to discuss some of his concerns with the bill, and the process by which the bill is being considered.
Sen. Thompson of the 33rd took the well to speak against the bill.
Sen. Shafer moved to agree to the House Substitute as amended. The amendment changes the effective date from 2008 to 2018.
Amendment 1 failed by a vote of 9 to 33.
The motion to agree to the House Substitute of SB 276 passed by a vote of 43 to 10.
The clerk read SB 438, which increases penalties for the second offense due to a right of way violation resulting in a collision. Sen. Mullis took the well to present the Committee Substitute.
Sen. Johnson took the gavel to preside over the Senate.
Sen. Meyer von Bremen took the well to present Amendment 1, which restricts a second offense to within five years of the first offense.
Amendment 1 was unanimously adopted.
The Committee Substitute to SB 438 was unanimously adopted.
SB 438 passed by substitute by a vote of 51 to 1.
The clerk read SB 482, which abolishes the State Law Library. Sen. Hill of the 32nd took the well to present the Committee Substitute.
The Committee Substitute to SB 482 was unanimously adopted.
SB 482 passed by substitute by a vote of 48 to 0.
The clerk read SB 504, which states that religious nonprofit organizations entering into a healthcare cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization or health benefit plan. Sen. Hill of the 32nd took the well to present the bill.
The Committee Substitute to SB 504 was unanimously adopted.
SB 504 passed by substitute by a vote of 49 to 1.
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The clerk read SB 483, which provides guidelines for determining the amount and duration of child support awards. Sen. Harp took the well to present the bill and Amendment 1. He yielded to questions from Sens. Douglas and Wiles.
Amendment 1 was unanimously adopted. SB 483 passed as amended by a vote of 45 to 1. The clerk read SB 518, which allows insurance companies to draw contract agreements for the removal of dents, dings or creases in a motor vehicle. Sen. Rogers presented the Committee Substitute. The Committee Substitute to SB 518 was unanimously adopted. SB 518 passed by substitute by a vote of 46 to 1. The clerk read SR 820, which creates the Joint Department of Natural Resources (DNR) Law Enforcement Study Committee. Sen. Tolleson took the well to present the resolution. SR 820 was adopted by a vote of 47 to 0. Following the announcements, Sen. Wiles moved that the Senate stand adjourned until 10:00 a.m., Tuesday, March 11.
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