Daily report [Feb. 15, 2005]

GEORGIA HOUSE OF REPRESENTATIVES
Communications Office
Room 609, Legislative Office Building (404) 656-0305
DAILY REPORT

Tuesday, February 15, 2005

Legislative Day # 18

Today on the Floor:

Speaker of the House Glenn Richardson (R-Hiram) gaveled the House into session today at 10:00 a.m. The Speaker recognized Rep. Jeff Brown (R-LaGrange) to introduce the Devotional Speaker of the Day, Dr. Doug Sessel, who spoke to the full House and then led it in devotion. Majority Leader Jerry Keen presented and moved to adopt the House Resolution establishing the order of business for the day.
After First and Second Readers of both House and Senate Bills/Resolutions, Speaker Richardson recognized Representatives Joe Wilkinson (R-Sandy Springs), Chuck Scheid (R-Woodstock), Minority Leader Dubose Porter (D-Dublin), Henry Howard (D-Augusta), and Len Walker (R-Loganville) to speak from the well for points of personal privileage and recognition of guests.
Rep. Austin Scott (R-Tifton), Tommy Smith (R-Nicholls) and Ron Borders (DValdosta) presented invitation resolutions to the full House.
Rep. Pat Gardner (D-Atlanta) introduced the Doctor of the Day, Dr. Peter Steckled. The House then took up the House Rules Calendar.

House Rules Calendar Bills & Resolutions Passed:
Open Rule: HB 298 Georgia Higher Education Assistance Corporation and
Georgia Student Finance Authority; certain powers - It would
increase their debt capacity, give them the ability to indemnify other parties and have collection tools to go after students who have defaulted on loans. - Rep. Bill Hembree (R-Douglasville) presented the bill to the House - Floor Amendments: None - Yeas: 150 Nays: 2

HB 272

Educational and living expense grants; foster and adopted children; eligibility - The grant is available to pay tuition, student fees
and a cost-of-living expense for any undergraduate program at any of Georgia's pubic postsecondary institutions. - Rep. Bill Hembree (R-Douglasville) presented the bill to the House - Floor Amendments: None

HB 1 HB 200
HB 319 HB 180 HB 217

- Yeas: 161 Nays: 1
Bona fide conservation use property; breach of covenant; exceptions - this legislation provides that leasing no more than six acres
of the property subject to the conservation use covenant for the purpose of placing a cell phone transmission tower will not result in a breach of the covenant. - Rep. Richard Royal (D-Camilla) presented the bill to the House - Passed by Committee Substitute - Floor Amendments: None - Yeas: 154 Nays: 7
Subsequent Injury Trust Fund; reimbursement; dissolution
- relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for an injury occurring after April 15, 2005, for which a claim is made after April 15, 2005; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to April 15, 2005; - Rep. Mike Coan (R-Lawrenceville) presented the bill to the House - Floor Amendments: AM 221115 by Rep. Fran Millar (R-Dunwoody),
which removed all occurrences of the date April 15, 2005 and replaced that date with December 31, 2005. - Amendment passed by vote of 82:81; Motion to reconsider amendment failed 70:93 - Yeas: 163 Nays: 2
Retirement; large retirement systems; invest in securities -
Bill would allow large retirement systems to invest, only in the same types of investments currently allowed by statute, but with more flexibility through the use of exchange-traded funds (ETFs). - Rep. Ben Bridges (R-Cleveland) presented the bill to the House - Floor Amendments: None - Yeas: 147 Nays: 3
Human Resources; criminal history information; provisions
- Allows DHR to receive criminal history information, including arrest and conviction data, which is relevant to any adult person who resides in a home where children in custody of DHR have been or may be placed. - Rep. Judy Manning (R-Marietta) presented the bill to the House - Floor Amendments: None - Yeas: 158 Nays: 0
Athletic trainers; service in schools; licensing requirements; exception - relating to athletic trainers, so as to provide that students,
teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-

trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; - Rep. Jay Neal (R-Lafayette) presented the bill to the House - Floor Amendments: None - Yeas: 161 Nays: 2

HB 212

Juvenile court; guardian ad litem; training for deprivation cases - Requires certain training for guardians ad litem appointed for
children in deprivation cases. - Rep. Judy Manning (R-Marietta) presented the bill to the House - Floor Amendments: None - Yeas: 167 Nays: 0

Bills & Resolutions Defeated: None
* The House will reconvene on Wednesday, Feb. 16 at 10:00 AM for its 19th Legislative Day.

Tuesday in Rules Committee
The Committee on Rules today has fixed the calendar for the 19th Legislative Day, Wednesday, Feb. 16, as enumerated below, and can be called at the pleasure of the Speaker of the House.

Debate Calendar Open Rule

HB 20

Motor vehicles; window tint restrictions; provisions - relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety

HB 166

"Health Share" Volunteers in Medicine Act; enact - relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations;

HB 178

Retirement and Pensions Code; corrections - relating to retirement and

pensions, so as to correct typographical, stylistic, and other errors and omissions, as well as spelling and capitalization in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly

HB 196

Common sense Consumption Act; housekeeping bill; update to ALEC model

HB 246

Prescription drug orders; electronic transmission; amend provisions; housekeeping bill addressing legislation passed last year dealing with electronic orders of prescription drugs.

HB 273

Flex Auto Lanes; authorize DOT to implement - Authorizes implementation of Flex Lanes (using shoulder of an interstate highway) in Georgia.

* The Rules Committee will meet tomorrow morning, Wednesday, Feb. 16 at 8:00 AM.
* Bills and Resolutions that are passed by the Rules Committee today will not be added to the House Debate Calendar until the next legislative day.

Tuesday's Committee Meetings' Actions
- Committee Reports prepared by House Research & Policy Office

Agriculture & Consumer Affairs

SB 87

Georgia Seed Law; preempt certain local ordinances; exemptions -

This bill comes as a response to counties in other states enacting local

ordinances that would ban the planting of genetically modified seed stock.

This bill would preempt local governments from enacting ordinances

relating to the labeling, packaging, sale, storage, transportation,

distribution, notification of use, or use of seeds.

- Sponsored by Sen. John Bulloch (R- Ochlocknee)

- Kemp of the 46th Amends: Adds new code section 2-11-35

SB 88

Georgia Fertilizer Act; preempt certain local ordinances; exemptions - This bill would preempt local governments from enacting ordinances relating to the registration, labeling, packaging, sale, storage, transportation, distribution, use, or application of fertilizer. - Sponsored by Sen. John Bulloch (R-Ochlocknee)

These bills were brought because some counties in other states had passed local ordinances prohibiting the use of genetically modified seed stock and had also passed ordinances regulating the operations of fertilizer companies that perform contract spreading of fertilizer. The ordinances have caused regulatory problems because the state inspectors must know a completely different set of codes and regulations in the areas covered. Nothing in these bills would undermine the local authorities' right to enact zoning ordinances nor with respect to the issuance of business licenses.

Action: These bills were both passed unanimously without amendment.

Appropriations
Education Subcommittee: FY 2006 Budget meetings Higher Education Subcommittee: FY 2006 Budget meetings

Banks & Banking
The House Banking Committee had a briefing today regarding Mortgage Fraud. Members heard from Daryl A. Robinson, Counsel to the Attorney General and Attorney Linda Finley, of McCalla, Raymer & Clark, Atlanta Law Firm.

Children & Youth
(DNM)

Defense & Veterans Affairs

HB 404

Unemployment due to military reassignment of spouse; allow benefits

- the proposed legislation would provide that leaving an employer

voluntarily, because of the transfer of a spouse from one military

assignment to another, shall not disqualify a person from unemployment

benefits.

- Presented by Rep. Nan Orrock (D-Atlanta)

- Fiscal note to be attached

- Bill Do Pass

HB 438, HB 440 and HB 442 are all housekeeping measures and were voted on at the same time. Motion do pass by Rep. Warren, seconded by Rep. Bryant motion passed

HB 438

Georgia War Veterans Nursing Homes; executive directors; appointment - changes the method of appointment of the executive director of the veterans' homes - Bill Do Pass

HB 440

Georgia veterans cemeteries; interment; remove residency requirement - removes residency requirement for Georgia Veterans eligible for interment in a veterans cemetery (to conform with federal law) Bill Do Pass

HB 442

Occupation taxes; administrative or regulatory fees; exemption certification - Adds the Department of Veterans Services to entities that can certify degrees of disability of veterans as it relates to qualifications for an exemption from occupation taxes, administrative fees and regulatory fees. - Bill Do Pass

Economic Development & Tourism
(DNM)

Education
SB 33 Georgia Virtual School; authorize establishment; enrollment determination; rules/regulations - The Governor's Georgia Virtual School bill Authorizes the State Department of Education to create the Virtual School. The Georgia Virtual School will provide courses over the Internet to Georgia students. The students will interact with a teacher through email and phone. The DOE will make available over 60 high school courses, including over 12 AP courses. The Georgia Virtual School will be financed via QBE. The school day is divided into 6 segments. For each course that a student takes from the Georgia Virtual School, the DOE will receive one-sixth of the QBE funding dedicated to that student. Students who take courses from the Georgia Virtual School outside of the school day will be charged tuition, as is the case for summer school, for example, when offered by a public school system. This bill will ensure that the full complement of AP and other advanced courses are available to every student in Georgia, regardless of where they live. The Senate Education committee amended the bill to clearly state that these courses will be provided free of charge to all Georgia high school students, which includes non-public school students. The cost of educating these non-public school students will not come out of the budgets of local school systems. The state DOE will report a student count and be funded based on that student count; thus, these students will be funded out of the state treasury. The maximum of 6 courses was taken out by the House subcommittee. - Presented by: Dr. Ben Scafadi of the Governor's Office - Sponsored by Sen. Dan Moody (R-Alpharetta) - Action taken: Do Pass, Unanimously

Ethics
(DNM)

Game, Fish, & Parks

HB 301

Fishing; authorize taking by hand under certain conditions - This bill

would make it legal to spearfish for channel and flathead catfish in the

Savannah River only. Currently, residents of South Carolina are allowed

to spearfish in the Savannah River, and it presents an enforcement

problem to keep up with those who are legally allowed to spearfish and

those who are not. This would make it legal to spearfish ONLY in the

Savannah River and sets forth conditions by which fish may be legally

taken with spears. This bill also makes it legal to take fish by hand, also

known as `grabbling' or `noodling', and sets forth conditions by which

fish may be legally taken by hand.

- Bill Sponsored by Rep. Pete Warren (D-Augusta)

- Passed unanimously without amendment

HB 338

Hunting; primitive weapons; amend provisions - This bill would make it legal to use modern scopes on primitive muzzle loading firearms. This bill has a dual-purpose background. First, the bill addresses safety issues with respect to the older primitive-weapons hunting population and reported cases of difficulty see a target with 'iron sights'. This bill would improve safety in that regard. Furthermore, this is one of the items

requested by the deer-hunting public in the Statewide Deer Management Planning Process. (handouts available in House Research Office) - Bill Sponsored by Rep. Pete Warren (D-Augusta) - Passed unanimously without amendment

Governmental Affairs
(DNM)

Health & Human Services
(DNM)

Higher Education

SR 33

Gwinnett University Center; approve creation of four-year college -

The Resolution would create a new four-year college in Gwinnett County

by the Board of Regents; Chancellor Meredith spoke in favor of the

resolution and gave information to the committee about the growing need

in that area for a four-year institution.

- Presented to committee by Rep. John Heard (R-Lawrenceville)

- Sponsored by Sen. Don Balfour (R-Snellville)

- Bill Do Pass

Human Relations & Aging
(DNM)

Industrial Relations
(DNM)

Information & Audits
(DNM)

Insurance
(DNM)

Interstate Cooperation
(DNM)

Intragovernmental Coordination
(DNM)

Judiciary Civil

HB 195

Parental rights; petitions to terminate; change provisions Bill aims

to move kids faster through foster care into adoptive homes. It sets a time

limit of 90 days for juvenile courts to hold a hearing concerning the

termination of parental rights, and 30 days after the hearing to render a

decision

- Sponsored & Presented by Rep. Barry Fleming (R-Harlem)

- Bill Passed Unanimously
Judiciary Non-Civil
(DNM)

Legislative & Congressional Reapportionment

HB 168

Legislative and congressional reapportionment; specify requirements

- Bill sponsored by Rep. Bobby Franklin (R-Marietta)

MARTOC
(DNM)

Motor Vehicles
(DNM)

Natural Resources & Environment
(DNM)

Public Safety
(DNM)

Public Utilities & Telecommunications
(DNM)

Regulated Industries
(DNM)

Retirement
(DNM)

Science & Technology
(DNM)

Special Rules
(DNM)

State Institutions & Property
(DNM)

State Planning & Community Affairs
(DNM)

Transportation
(DNM)

Ways & Means

HB 22 HB 203 HB 282 HB 384 HR 113 HR 133

Sales and use tax; certain motor vehicle transactions; change tax situs - Changes the Tax Situs for Certain Motor Vehicle Transactions; This bill requires that the taxable situs of a motor vehicle retail sale, or a motor vehicle lease or rental that exceeds thirty days, be the county of the motor vehicle registration of the purchaser or lessee. Current law requires the tax situs to be the point the point of delivery, i.e. the point that transfer of title takes place. - This bill passed out of committee unanimously by committee
substitute. - Sponsored by Rep. Calvin Hill (R-Woodstock)
Ad valorem tax; exempt farm equipment under lease purchase agreement - Ad Valorem Tax Exemption on Lease Purchase Agreements; This bill expands the ad valorem exemption for farm equipment to include equipment held under a lease purchase agreement. This equipment includes farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, directly used in the production of agricultural products by family owned qualified farm products producers. - This bill passed out of committee unanimously. - Sponsored by Rep. Richard Royal (D-Camilla)
Income tax; deductions; purchases treated as expenses under federal law - This bill permits Georgia to mirror Section 179 of the Internal Revenue Code. It will allow corporations that make a capital investment in their corporation to take an expense deduction immediately, rather than taking depreciation over the life of the property. - This bill passed out of committee with only one dissenting vote. - Sponsored by Rep. Jay Roberts (R-Ocilla)
Motor fuel tax; additional exemption; limited time period; provisions - Motor Fuel Exemption; This bill provides for a motor fuel sales tax exemption for public mass transit buses that are owned by the state or local government. - This bill passed out of committee unanimously. - Sponsored by Rep. Larry O'Neal (R-Warner Robbins)
U. S. Senators from Georgia; support repeal of excise tax on telecommunications - Urges U.S. Senators from Georgia to Repeal Federal Excise Tax on Telecommunications - This resolution urges U.S. Senators from Georgia to repeal the federal excise tax on telecommunications. - This resolution passed out of committee unanimously. - Sponsored by Rep. Ron Forster (R-Ringgold)
Death tax; urge congressional delegation work to abolish - Urges the Abolishment or a Revision of the Death Tax; This resolution urges the Georgia congressional delegation to permanently abolish the death tax or to enact a revision that will provide a $10 million base exemption with the

amount over $10 million taxed as capital gains and to maintain stepped up basis provisions. - This passed out of committee by committee substitute and had only
one dissenting vote. - Sponsored by Rep. Steve Davis (R-McDonough)
* These committee action reports are for bills that have passed and/or were deemed favorable by committees. * (DNM) = Did Not Meet
Committee Meetings for Wednesday, February 15, 2005
8:00 am- Rules Committee (House Meetings) 9:00 am 341 CAP
9:00 am- PROPERTY & CASUALTY SUBCOMMITTEE (House Meetings) 9:30 am 406 LOB
9:00 am- Local Legislation Subcommittee meeting (House Meetings) 9:30 am Room 133 State Capitol
1:00 pm- Industrial Relations Committee meeting (House Meetings) 2:00 pm 216 CAP
1:00 pm- RESCHEDULED ENERGY SUBCOMMITTEE MEETING (House 2:00 pm Meetings)
State Capitol - Room 416
1:00 pm- Children & Youth Committee Meeting (House Meetings) 3:00 pm 403 - CAP
2:00 pm- Public Safety & Homeland Security Committee Meeting (House 3:00 pm Meetings)
216 Capitol
2:00 pm- BILLINGS & RATES SUBCOMMITTEE (Public Utilities & 3:00 pm Telecommunications). (House Meetings)
State Capitol - Room 416
2:00 pm- Appropriations Education Subcommittee (House Meetings) 4:30 pm 341 CAP
2:30 pm- Judiciary (Non-Civil) Juvenile/General Subcommittee (Two) 3:30 pm (House Meetings)
132 State Capitol
3:00 pm- House State Planning & Community Affairs Committee 3:30 pm meeting (House Meetings)
Room 133 State Capitol
3:00 pm- Judiciary (CIVIL) Civil/Commercial/General Subcommittee 4:00 pm (Two) (House Meetings)
515 LOB

3:00 pm- House Retirement Committee Meeting (House Meetings) 4:00 pm 403 Capitol
3:00 pm- REGULATED INDUSTRIES COMMITTEE (House Meetings) 4:00 pm ROOM 416 CAPITOL
4:00 pm- Resource Management Subcommittee of the Natural 5:00 pm Resources & Environment Committee (House Meetings)
403 Capitol
4:00 pm- Meeting - Elections Subcommittee of Governmental Affairs 5:00 pm (House Meetings)
216 CAP
4:00 pm- Appropriations Higher Education Subcommittee (House 5:30 pm Meetings)
506 LOB
* For meeting details & agendas, please click on the Committee Name. * This Committee Meeting Schedule is set as of 5:00 p.m. the day of this report. Committee Meeting Schedules are subject to change, and are updated via the General Assembly's website at www.legis.state.ga.us
Contact: Brent Cranfield House Communications (404) 656-0305 bcranfield@legis.state.ga.us