GEORGIA HOUSE OF REPRESENTATIVES Communications Office Room 609, Legislative Office Building (404) 656-0305 DAILY REPORT Thursday, February 17, 2005 Legislative Day # 20 Today on the Floor: Speaker of the House Glenn Richardson (R-Hiram) and Speaker Pro Tem Mark Burkhalter (R-Alpharetta) gaveled the House into session today at 10:00 a.m. The Speaker recognized Rep. David Casas (R-Lilburn) to introduce the Devotional Speaker of the Day, Dr. David C. Cooper, who spoke to the full House and then led it in devotion. Majority Leader Jerry Keen introduced the House Resolution establishing the order of business for the day. The first vote on the House floor this morning was on a Motion to Reconsider HB 20, however, the motion failed by a vote of Y-39: N-92. Speaker Richardson recognized Representatives Tom Knox (R-Cumming), Carl Von Epps (D-LaGrange), Jeff Brown (R-LaGrange), Wendell Willard (R-Atlanta), Nikki Randall (D-Macon), Steve Davis (R-McDonough), Jay Neal (R-Lafayette), and Robert Mumford (R-Conyers) to speak from the well for points of personal privilege and recognition of guests. The Speaker then recognized Rep. Brooks Coleman (R-Duluth), Chairman of the House Education Committee, for an Invite Resolution H.R. 227. The Resolution recognized that today was "PTA Day at the Capitol", and President of the Association, Sherry Eastman, addressed the House. The House then took up the House Rules Calendar. However just before recess this evening, Rep. Ben Harbin (R-Evans), Chairman of the House Appropriations Committee, announced to the House that the Senate had revised HB 84 the House FY 2005 Supplemental Budget. Chairman Harbin advised the House to disagree with the Senate Substitute, and Majority Leader Jerry Keen (R-St. Simons) moved that the House Insist on its Position and that the Speaker appoint a conference committee to negotiate the differences. Speaker Richardson named Speaker Pro Tem Mark Burkhalter, Majority Leader Jerry Keen, and Appropriations Chairman Ben Harbin. House Rules Calendar Bills & Resolutions Passed: HB 155 Managerial control over acquisition of professional services; amend provisions - This legislation relates to managerial control over acquisition of professional services to provide control by the state for qualified professionals to be considered for contract. - Passed committee with committee substitute - Sponsored by Rep. Earl Ehrhart (R-Powder Springs) HB 188 HB 195 HB 201 HB 222 HB 264 - Rep. Earl Ehrhart (R-Powder Springs) presented this bill to the House - Floor Amendments: None - Yeas: 158 Nays: 0 Registered sexual offender; publish photo in legal organ This bill will allow local newspapers to publish the picture of people who have been put on sexual offender registration list. - Sponsored by Rep. Sue Burmeister (R-Augusta) - Rep. Burmeister (R-Augusta) presented this bill to the House - Floor Amendments: Adopted w/out objection -AM 221118 - to use photograph upon registration of sexual offender; new photograph every time offender has to register or re-register - Yeas: 157 Nays: 0 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 Rep. Barry Fleming (R-Harlem) - Bill Passed Committee unanimously - Rep. Barry Fleming (R-Harlem) presented this bill to the House - Floor Amendments: None - Yeas: 154 Nays: 0 Veterinarians; boarders of animals; liens for treatment - relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession - Sponsored by Rep. Tom McCall (R-Elberton) - Rep. Tom McCall (R-Elberton) presented this bill to the House - Floor Amendments: None - Yeas: 154 Nays: 0 Criminal procedure; discovery in felony cases; change certain provisions - discovery in felony cases to apply to juvenile proceedings - Sponsored by Rep. Wendell Willard (R-Atlanta) - Rep. Wendell Willard (R-Atlanta) presented this bill to the House - Floor Amendments: None - Yeas: 155 Nays: 0 Commission on Interstate Cooperation; change certain provisions - as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation - Sponsored by Rep. Ron Forster (R-Ringgold) - Rep. Ron Forster (R-Ringgold) presented this bill to the House - Floor Amendments: None - Yeas: 152 Nays: 0 HB 289 Pardons and paroles, Board of; allow certain employees assist law enforcement; This bill would extend the provisions which provided that a majority of the members of the Georgia Board of Pardons and Paroles - upon issuance of an executive order by the Governor - could confer upon its employees all the powers of law enforcement officer of this State to aid Federal, State and Local authorities in the preservation of order and peace. - Sponsored by Rep. Burke Day (R-Tybee Island) - Rep. Burke Day (R-Tybee Island) presented this bill to the House - Floor Amendments: None - Yeas: 164 Nays: 0 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 to Rules Committee by: Rep. Brooks Coleman (R-Duluth), Chairman of the House Education Committee - Presented to Education Committee by: Dr. Ben Scafadi of the Governor's Office - Bill Sponsored by Sen. Dan Moody (R-Alpharetta) - Rep. Brooks Coleman (R-Duluth) presented this bill to the House - Floor Amendments: AM 330242 was not adopted by vote of Y-68:N-95 - Yeas: 166 Nays: 1 Structured Rule HB 282 Income tax; deductions; purchases treated as expenses under federal law - so as to provide deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law - Sponsored by Rep. Jay Roberts (R-Ocilla) - Rep. Jay Roberts (R-Ocilla) presented this bill to the House - Floor Amendments: None - Yeas: 157 Nays: 0 Bills & Resolutions Defeated: None * The House will reconvene on Friday, Feb. 18 at 9:00 AM for its 21st Legislative Day. Thursday in the Rules Committee The Committee on Rules today has fixed the calendar for the 21st Legislative Day, Friday, Feb. 18, as enumerated below, and can be called at the pleasure of the Speaker of the House. Debate Calendar Open Rule HB 54 Septic tank waste; regulation and permitting; certain land disposal sites - This bill is meant to clarify a grand fathering provision intended in the original legislation passed in 2002, by explicitly stating that, "...no such approval [of a governing authority in the county in which a site is located] shall be required if such site was in operation as of July 1, 2002..." - Bill sponsored by Rep. Alan Powell (D-Hartwell) HB 266 Chiropractors; board of examiners; additional authority; to correct language in last year's legislation regarding disciplinary action taken regarding any licensee advertising violations not defined in the rules of the board. - Bill sponsored by Rep. Joe Wilkinson (R-Sandy Springs) 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) * The Rules Committee will meet tomorrow morning, Friday, Feb. 18 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. Thursday's Committee Meetings' Actions - Committee Reports prepared by House Research & Policy Office Agriculture & Consumer Affairs (DNM) Appropriations Higher Education Subcommittee: FY 2006 Budget meetings Health Subcommittee: FY 2006 Budget meetings General Subcommittee: FY 2006 Budget meetings Banks & Banking (DNM) Children & Youth (DNM) Defense & Veterans Affairs (DNM) Economic Development & Tourism (DNM) Education (DNM) Ethics (DNM) Game, Fish, & Parks (DNM) Governmental Affairs No Committee Report received Health & Human Services No Committee Report received Higher Education (DNM) Human Relations & Aging HB 394 Disabled adults and elder persons; protective services; discharge and transfer from facilities - Legislation will amend GA Code Section 30-5 to transfer authority over Adult Protective Services to the Division of Aging. This will be beneficial to everyone, especially adults because of the greater number of experts available through the Division of Aging. - Sponsor/Presented to Committee by: Rep. Len Walker (R-Loganville) - Supporting Bill: Gina Simpson, Deputy Commissioner of DHR, Maria Green, Director of the Division of Aging, and Martha Eates, GA Association of Aging - Passed Unanimously Industrial Relations HB 416 Torts; asbestos or silica claims; definitions and provisions - Physical impairment shall be an essential element of an asbestos claim. A limitations period shall be set for filing a claim. Pending claims under certain conditions may be dismissed. Provides for forum non conveniens - Sponsored by Rep. David Ralston (R-Blue Ridge) - Passed by Committee Substitute Information & Audits (DNM) Insurance (DNM) Interstate Cooperation (DNM) Intragovernmental Coordination (DNM) Judiciary Civil No Committee Report Received Judiciary Non-Civil (DNM) Legislative & Congressional Reapportionment (DNM) MARTOC (DNM) Motor Vehicles (DNM) Natural Resources & Environment SR 54 "Future of Georgia Forestry"; Joint Study Committee; create - This resolution creates the Joint "Future of Georgia Forestry" Study Committee. The major focus of the committee would be to study the industry as a whole, to determine the issues behind the recent marked decline in Georgia's forest industry from $30.5 billion in 2001 to $20.2 billion in 2003, to re-examine the forest policy in the State, and to develop a comprehensive plan for the State to sustain and expand the benefits of its forest lands and forest products industries. - Sponsor(s): Senators Tolleson of the 20th, Harp of the 29th, Starr of the 44th, Bulloch of the 11th and Hudgens of the 47th - Committee Amends: N/A - Effective Date: Appointments to be made by May 15, 2005, with first meeting to occur by June 15, 2005 - Action: Passed Unanimously Public Safety (DNM) Public Utilities & Telecommunications HB 470 Official Code of Georgia; change references to "911" to read 9-1-1 - Official Code of Georgia; change references to "911" to read "9-1-1" Assigned to the subcommittee on Billing & Rates - Rep. John Lunsford (R-McDonough) - Do Pass HR 92 Joint LNG and Natural Gas Infrastructure Study Committee; create Create Joint House and Senate study committee on Liquid Natural Gas (LNG) and Natural Gas Infrastructure - Sponsored by Rep. Mark Burkhalter (R-Duluth) - Do Pass Regulated Industries (DNM) Retirement (DNM) Science & Technology No legislation was entertained by Committee Committee members met today to attend a presentation by Don Neder of SimDisk "Digital Divide", a virtual storage and software provider and by Richard Ledford of Tech Corps Georgia Inc. a group that recycles and refurbishes used computers. Special Rules (DNM) State Institutions & Property HB 106 Sex offender registry; sexually violent offense; redefine - Sex offender registry; sexually violent offense; redefine - Sponsored by Rep. Terry Barnard (R-Glennville) - Do Pass HR 166 Public property; conveyances - Conveyances of certain state owned properties - Sponsored by Rep. Terry Barnard (R-Glennville) - Do Pass HB 183 State employees; payroll deductions; certain non-profit organizations; include corrections officers - State employees; payroll deductions; certain non-profit organizations; include corrections officers - Sponsored by Rep. Terry Barnard (R-Glennville) - Do Pass State Planning & Community Affairs (DNM) Transportation *HB 279 Highways; vehicles hauling certain products; weight limitation variance - This legislation allows farmers to haul farm products within a 100 mile radius from point of origin and with a variance on the weight of product of 5%. - Amends 32-6-26(g) Relating to weight of vehicles hauling forest, agricultural, or farm products, this legislation states that before law enforcement issues a violation citation, the violator is given a 5 percent variance on the weight of product they are carrying within a 100 mile radius of the farm or point of origin. - DOT spoke in opposition of this legislation - Sponsored by Rep. Johnny Floyd (R-Cordele) - Do Pass by Committee Substitute Ways & Means HB 81 Homestead exemption; unremarried surviving spouse of deceased spouse - This bill permits an unremarried, surviving spouse of a deceased spouse with a base year assessed homestead exemption, to keep that exemption as long as that spouse meets the specified requirements for that exemption. - Authors: Day, Stephens, Bryant, Jackson, Scott - House Bill 81 passed unanimously out of committee by committee substitute. HB 103 - Tax sales; notice period; amount payable for redemption - This bill will increase the notice period prior to sale under a tax execution. A defendant shall be given 15 days, instead of 10 days, written notice of the sale by registered/certified/statutory overnight delivery. It also requires in cases of real property for a sign to be posted on the property 15 days prior to the date of sale giving notice of that sale. A $50 fee is assessed against the property to cover the posting costs. The amount required to be paid for the redemption of property from a sale has been decreased. A premium of 15% instead of 20% of the amount for the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption is made and 7% instead of 10% for each year or fraction of a year thereafter. - Authors: Ray, Royal, Crawford, Lane - House Bill 103 passed out of committee by committee substitute with only one dissenting vote. An amendment was offered and defeated which would change the premium to prime rate plus 9.5% in lieu of the offered 15% premium and change the premium to prime rate plus 2% in lieu of the offered 7% premium. HB 281 Georgia Regional Transportation Authority; amend provisions - This bill gives the Georgia Regional Transportation Authority, GRTA, a sales tax exemption for purchases made by the Authority. It also removed the administrative requirement that required GRTA to be subject to annual certification by the Department of Motor Vehicles. - Authors: Vance Smith - House Bill 281 passed unanimously out of committee by committee substitute. HB 487 Sales tax exemption; electricity sales for crop irrigation; amend - This bill grants a sales tax exemption for electricity or fuel used for the operation of irrigation systems used on a farm exclusively for the irrigation of farm crops. This exemption sunsets on June 30, 2007. - Author: Jay Roberts - House Bill 487 passed unanimously out of committee by committee substitute. * These committee action reports are for bills that have passed and/or were deemed favorable by the Full Committees. * (DNM) = Did Not Meet Committee Meetings for Friday, February 18, 2005 Rules Committee 341 CAP 8:00am No other Committees are scheduled to meet on Friday * 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