GEORGIA HOUSE OF REPRESENTATIVES Communications Office Room 609, Legislative Office Building (404) 656-0305 DAILY REPORT Tuesday, February 22, 2005 Legislative Day # 22 Today on the Floor: The House convened this afternoon at 1:00pm. Rep. Tom Benton (R-Jefferson) was recognized to introduce the Devotional Speaker of the Day, Dr. David Bowen, 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 votes on the House floor were to vote on two House bills and one Senate Bill that were postponed from Friday's session last week. HB 259 & 380 both passed by a vote of Y: 133 N: 2. Senate Bill 132 also passed by a vote of Y:141 N: 4. Majority Leader Keen then gave an announcement regarding the arrangements for the "lying-in-state" and funeral services The Honorable Governor Ernest Vandiver, 73rd Governor of the State of Georgia. The House then observed a moment of silence in honor of the late Governor. The Speaker then recognized Representatives Quincy Murphy (D-August), Gene Maddox (R-Cairo), Pete Warren (D-Augusta), Ed Rynders (R-Albany), and Hinson Mosley (R-Jessup) for Morning Orders. Speaker Richardson also had the privilege of introducing The Honorable Congressman Sanford D. Bishop, Jr. (GA-2) who spoke to the House, and thanked them for the work that they are doing for the State of Georgia. Rep. Johnny Floyd (D-Cordele) introduced an invite resolution in honor of the 2005 Georgia Watermelon Queen, Samantha Stephens, who was in attendance and spoke to the House. The House then took up the House Rules Calendar. House Rules Calendar Bills & Resolutions Passed: Open Rule HB 50 Criminal history background checks; authorize national exchange - This bill will allow authorized non-law enforcement agencies (i.e. nursing homes) to access the federal criminal record database. - Sponsored by Rep. Rob Teilhet (D-Atlanta) - Rep. Rob Teilhet (D-Atlanta) presented the bill to the House - Floor Amendments: None - Yeas: 161 Nays: 0 HB 59 HB 172 HB 206 HB 299 Minimum wage mandates by local governments; change certain provisions - Local governments are using bidder qualifications and evaluation factors to get around bill passed last year - This legislation will close up loophole left by previous bill - Sponsored by Rep. Earl Ehrhart (R-Powder Springs) - Rep. Earl Ehrhart (R-Powder Springs) presented the bill to the House - Floor Amendments: All amendments were sponsored by Rep. Calvin Smyre (D-Columbus): AM 14 0734 defeated by vote of Y-64:N-98; AM 14 0734 was defeated by vote of Y-62:N-99; AM 17 0735 was defeated by vote of Y-60:N-101 - Yeas: 105 Nays: 57 - *Rep. Tom Bordeaux (D-Savannah) made a Motion to Reconsider the bill, and the bill will be reconsidered in Wednesday's session. Crime Victims Restitution Act of 2005; enact - substantially revise the laws of this state relating to the conduct of criminal trials and the impact of the criminal justice system on victims of crime; relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by victims of crimes against the persons accused of such crimes; relating to criminal procedure, so as to change the provisions relating to victim impact statements; to amend relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime - Sponsored by Rep. Rich Golick (R-Smyrna) - Passed the Committee by committee substitute - Rep. Rich Golick (R-Smyrna) presented the bill to the House - Floor Amendments: None - Yeas: 143 Nays: 29 Assisted living facilities; Levels I and II; provisions - There is a gap in residential long term care for seniors. This legislation's focus is on quality of life in nursing homes or assisted living homes. This bill will enable seniors with freedom of choice and options for long term care. Legislation is directed exclusively at seniors at facilities that require private payments. It has no effect on Medicaid, etc. - Sponsored by Rep. Len Walker (R-Loganville) - Rep. Len Walker (R-Loganville) presented the bill to the House - Floor Amendments: None - Yeas: 141 Nays: 22 HOPE scholarships; definitions; quarter or semester hour limitation - (LC 28 2192S) This bill relates to the HOPE scholarship in hopes to ensure its long term existence. The original intent of the scholarship was to allow Georgia students to obtain a bachelor's degree. The bill sets the number of credit hours at 127 semester hours. It will not affect current students. There are no current time limitations on how long it takes to complete the 127 hours. The bill simply puts a cap on the number of semester hours HOPE will cover. - Sponsored by Rep. Bill Hembree (R-Douglasville) - Pass by Committee Substitute - Rep. Bill Hembree (R-Douglasville) presented the bill to the House - Floor Amendments: None - Yeas: 93 Nays: 76 HB 327 Workers' compensation; electronic documents; injuries; designation; computation - Require the implementation of electronic filing for workers compensation; redefine catastrophic injuries; adjust the weekly compensation cap (increasing it to $450 from $425.) - Speaking on behalf of the bill was Judge Carolyn Hall, Chairman of the State Board of Workers' Compensation. Judge Hall explained the main points of the new legislation: - Presented to committee by Chairman Mike Coan (R-Lawrenceville) - The Committee voted favorably to pass HB 327 by Committee Substitute. - Rep. Mike Coan (R-Lawrenceville) presented the bill to the House - Floor Amendments: None - Yeas: 155 Nays: 0 HR 237 House of Representatives; establish redistricting standards This resolution set forth guidelines, principles, and standards for the House to follow during the redistricting process; these guidelines are to utilized during any and all future redistricting efforts by the House - Sponsored by Rep. Bobby Franklin (R-Marietta) - Rep. Bobby Franklin (R-Marietta) presented the bill to the House - Floor Amendments: Rep. Carolyn Hugley (D-Columbus) introduced a floor amendment that was defeated by a vote of Y-61:N-96; Rep. Barry Fleming (R-Harlem) introduced a floor amendment that was adopted by vote of Y-117:N-41 - Yeas: 99 Nays: 62 Structured Rule HB 22 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) - Rep. Calvin Hill (R-Woodstock) presented the bill to the House - Floor Amendments: None - Yeas: 155 Nays: 0 HB 203 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) - Rep. Richard Royal (D-Camilla) presented the bill to the House - Floor Amendments: None - Yeas: 154 Nays: 0 HR 192 Rules of House; amend Rule 18 - A resolution amending the Rules of the House of Representatives with respect to local legislation - Sponsored by Rep. Tommy Smith (R-Nicholls) - Rep. Tommy Smith (R-Nicholls) presented the bill to the House - Floor Amendments: None - Yeas: 158 Nays: 0 Bills & Resolutions Defeated: None * The House will reconvene on Wednesday, Feb. 23 at 10:00 AM for its 23rd Legislative Day. The House will recess at 10:45 AM in honor of former Governor Ernest Vandiver's "lying-in-state" in the Capitol Rotunda. The House will then reconvene at 2:00 PM to continue with its legislative business. Rules Committee The Committee on Rules today has fixed the calendar for the 23rd Legislative Day, Wednesday, Feb. 23, as enumerated below, and can be called at the pleasure of the Speaker of the House. Debate Calendar Open Rule SB 34 - Ga. Master Teacher Program; Academic Coach Program; establishment; regulations - An amendment passed making the National Board Certified Teacher portion of the bill applicable for certifications prior to July 1, 2006 and those renewals thereafter. Also, those currently in the pipeline or having enrolled in the process before December 31, 2004 and who obtain initial certification and subsequent renewals after July 1, 2006 will eligible for salary increases. This would allow those who already have National Board Certification and those currently in the process of achieving National Board Certification to remain teaching in the schools in which they are currently employed and do not have to relocated to a school not meeting Adequate Yearly Progress. - Sponsored by Sen. Dan Moody (R-Alpharetta) - Brought to the Rules Committee by w/ Committee Substitute - Rules Committee Amendment: AM 330246 passed to the full House; amendment will give teachers access to liability insurance currently available to college professors and state employees. Modified Open Rule HB 197 - Abortion; Woman's Right to Know Act; enact - relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion - Sponsored by Rep. Sue Burmiester (R-Augusta) - Passed by Committee Substitute Structured Rule HB 384 - 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) * The Rules Committee will meet, Wednesday, Feb. 23 at 9:00 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 Canceled Appropriations (DNM) Banks & Banking SB 82 - Financial Institutions; supplement definitions; personnel policies - Substitute LC34 0226S; Financial Institutions - Banking Dept. Housekeeping Bill SEC. 1 - Defines ` Savings Bank' as a state chartered bank that has powers no greater than a state bank but that may lend and invest in commercial loans in an aggregate amount that does not exceed 50 percent of its total assets. SEC 2 - Changes the number of days involved with notice for shareholder meetings. SEC 3 Clarifies that personnel policies must be consistent with guidelines of the state and must be in writing. SEC 4 - Changes the term `national banks' to any federally chartered bank. It adds a provision that allows the commissioner, by specific order, to modify or amend certain requirements on financial institutions when Georgia law is federally preempted. SEC 5 - Delineates that by order of the commissioner, any director, officer, or employee of a financial institution may be prohibited from participating in the affairs of the institution. The bill updates notice of prohibition orders and circumstances. SEC 6 - Technical changes. SEC 7 - Adds limited liability companies to corporations relating to corporate stock and securities definitions. Allows a bank to hold, for its own account, stocks and interest in limited liability companies engaged in specified activities. SEC 8 - Allows third party claims to deposits and other records, where the records are requested pursuant to Georgia or federal law governing civil practice or procedure. SEC 9 - Extends the number of days that the stock transfer books may be closed to a total of 70 days. The current maximum is 50 days. SEC 10 - Adds requirements from the department to current law regarding authority for national institutions to convert, merge or consolidate with a bank or trust company. SEC 11 - Delineates additional requirements that must be met for the purpose of organizing a credit union. SEC 12 - Repealed. SEC 13 - Changes a cross reference, technical. SEC 14 - Updates the Code section relating to changes in the articles and bylaws of a credit union. SEC 15 - Adds changes of articles to those items which the department will notify the Secretary of State and inform the credit union. SEC 16 - Eliminates the requirement to establish a place of business in Georgia for credit unions organized in another state and that do business in Georgia. SEC 17 - Allows credit unions to receive funds from other financial institutions. It allows for parity with federally-chartered credit unions with department approval. SEC 18 - Allows expelled members of credit unions to be re-instated by an affirmative vote of the majority. SEC 19 - Provides additional duties and powers for the board of directors of a credit union. SEC 20 - Provides for dividends and interest paid by a credit union with a provision for the allowance of loan losses. SEC 21 - Provides for departmental regulations governing credit unions with a provision that requires the department to solicit comment annually from credit unions to recommend changes to the rules and regulations. SEC 22 - Amends provisions relating to subsidiary offices of a credit union, providing that participation in shared banking networks does not constitute the establishment of an additional office. SEC 23 Amends the merger process to provide that the department may allow waiver of member vote if, in the department's judgment, the merger is necessary to protect the safety and soundness of either or both credit unions. SEC 24 - Provides for conversions of state and federal credit unions, providing that federal credit unions converting to a state credit union must comply with state law or provide a plan for compliance. SEC 25 - Gives parity to central credit unions with federal credit unions. SEC 26 - Allows credit unions to provide additional financial services to its members as long as they are safe measures. SEC 27 - Provides definition for both check cashers and money transmitters. SEC 28 - Provides clarification regarding bonds required for money transmitters and designates that the department must approve any alternative arrangement for pledging money by a check seller who is not a money transmitter. SEC 29 - The change clarifies there are two possible meanings for misrepresent. One is making a false statement of a substantive fact and the other states that it must be intentional in order to be a violation. SEC 30 - This law is updated to include the ability to have other business entities such as Georgia limited liability corporations be licensees. SEC 31 - This section provides that brokers must have a $50,000.00 bond and lenders have a $150,000.00 bond. SEC 32 - Technical changes. SEC 33 - Technical change. SEC 34 - Deletes the application process. SEC 35 - Delineates that false statements directly or through an agent are prohibited and it provides the department with the ability to combat mortgage fraud. SEC 36 - Violations of an order from the department are grounds for license revocation or suspension. SEC 37 - Includes an employee of a licensee as those subject to further action for violation of an order. SEC 38 - Technical. SEC 39 - Technical. - Sponsored by Sen. Bill Hamrick (R-Carrollton) - Do Pass by Committee Substitute Children & Youth (DNM) Defense & Veterans Affairs Meeting Canceled Economic Development & Tourism (DNM) Education Meeting Canceled Ethics (DNM) Game, Fish, & Parks (DNM) Governmental Affairs (DNM) Health & Human Services (DNM) Higher Education (DNM) Human Relations & Aging (DNM) Industrial Relations (DNM) Information & Audits Met Insurance (DNM) Interstate Cooperation (DNM) Intragovernmental Coordination (DNM) Judiciary Civil HB 25 - Board of regents; school or institution closing; repeal power of Governor Repeals a provision which grants the Governor the power to close any school or institution under the control of the board of regents. - Sponsored by Rep. Tyrone Brooks (D-Atlanta) - Bill Do Pass HB 26 - Governor's authority to suspend compulsory attendance laws; repeal provisions - Repeals a provision authorizing the Governor to suspend compulsory attendance because of a riot, insurrection, public disorder, disturbance of the peace, natural calamity, or disaster. - Sponsored by Rep. Tyrone Brooks (D-Atlanta) - Bill Do Pass HB 27 - Elementary and secondary education; grants; repeal provisions - Repeals Article 14, relating to education grants, and designates said article as reserved. - Sponsored by Rep. Tyrone Brooks (D-Atlanta) - Bill Do Pass HB 149 - Garnishment; exempt certain IRAs - relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits - Sponsored by Rep. Bobby Franklin (R-Marietta) - Bill Do Pass Judiciary Non-Civil (DNM) Legislative & Congressional Reapportionment Committee Did Meet, but there was no legislation passing out of the committee. The Committee used the meeting to hear from the Reapportionment Office staff about Chairman Franklin's Redistricting Map, and other information needed in future redistricting discussions. MARTOC (DNM) Motor Vehicles Meeting Canceled 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 (DNM) * 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 Wednesday, February 23, 2005 9:00 am Agriculture & Consumer Affairs Committee Meeting CANCELLED (House Meetings) State Capitol 9:00 am10:00 am PROPERTY & CASUALTY SUBCOMMITTEE (INSURANCE COMMITTEE) (House Meetings) 415 LOB 9:00 am10:00 am Legislative and Congressional Reapportionment (House Meetings) 406 LOB 10:00 am- Banks and Banking Committee (House Meetings) 11:00 am 403 CAP 10:30 am- DMVS SUBCOMMITTEE (House Meetings) 11:30 am 216 Capitol 11:00 am11:45 am Human Relations and Aging Sub-Committee (House Meetings) 230 CAP 11:00 am11:45 am Human Relations & Aging Sub-Committee (House Meetings) 230 CAP 11:00 am- Rules Committee Meeting (House Meetings) 12:00 pm 341 CAP 11:00 am12:00 pm ADMIN/LICENSING SUBCOMMITTEE (INSURANCE COMMITTEE) (House Meetings) 416 CAPITOL 1:00 pm2:00 pm Defense & Veterans Affairs Committee meeting has been canceled. (House Meetings) 216 Capitol 2:00 pm3:00 pm 2:00 pm3:00 pm 3:00 pm 3:00 pm4:00 pm 3:00 pm4:00 pm 3:00 pm4:00 pm 4:00 pm5:00 pm House Judiciary (Civil) Committee Meeting (House Meetings) 132 State Capitol Education Committee & Subcommittee Meetings RESHEDULED (House Meetings) Room 416-417 Information & Audits Committee Meeting (House Meetings) 401 CAP MOTOR VEHICLES COMMITTEE (House Meetings) 216 CAPITOL Judy Non-Civil Special Subcommittee on H. B. 170 (House Meetings) 415 LOB Public Finance and Policy Subcommittee Meeting (House Meetings) 133 Capitol Weekly meeting of Education Committee (House Meetings) Room 416-417 Capitol * 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