Daily report [Mar. 15, 2005]

GEORGIA HOUSE OF REPRESENTATIVES
Communications Office
Contact: Brent Cranfield House Communications
(404) 656-0305 1.877.222.2768 bcranfield@legis.state.ga.us
DAILY REPORT
Tuesday, March 15, 2005 Legislative Day # 33 T ODAY ON THE F LOOR : Speaker of the House Glenn Richardson (R-Hiram) gaveled the House into session this morning at 10:00 am. The Speaker then recognized Rep. Virgil Fludd (D-Fayetteville) who introduced the "Devotional Speaker of the Day", Andre Kenebrew, who spoke to, and the led the House in the morning devotion. Speaker Richardson also recognized Rep. Steve "Thunder" Tumlin (R-Marietta) to introduce the "Doctor of the Day," Dr. Charles Burton. The first official vote by the House this morning was to adopt the Local Calendar, and it was adopted by a vote of Y-133: N-0. Speaker Richardson then appointed Rep. Ben Harbin (R-Evans), Chairman of the House Appropriations Committee, to chair the Conference Committee for the House on HB 85, the 2006 General Appropriations Bill (FY '06-'07 Budget). The Speaker then recognized Representatives David Lucas (D-Macon) and Pete Warren (D-Augusta) who both spoke from the well during Morning Orders. The House then took up the Rules Debate Calendar. After the voting on the Rules Calendar, the House also took up a Supplemental Local Calendar which it adopted by a vote of 147:7.
H OUSE R ULES C ALENDAR
D EBATE C ALENDAR

Open Rule
SB 100 - Georgia Residential Mortgage Fraud Act; define offense; provide penalties - relating to offenses involving theft, so as to provide for the "Georgia Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the O.C.G.A., the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity
- Authored by: Sen. Bill Hamrick (R-Carrollton)
- House Banks & Banking Committee: Favorable as passed by Senate
- Rep. Ed Lindsey (R-Atlanta) presented the bill to the House
- Floor Amendments: Hatfield Amendment, Bordeaux Amendment, & AM 34 0044 adopted without objections
- Y: 134 N:2
SB 121 - Tollway Authority; motorist identity, travel history on project; exempt record This bill provides that public disclosure is not required for any information obtained by the State Road and Tollway Authority in connection with its operation of a toll project, to the extent such records would reveal the identity, financial accounts, or travel history of an individual. This is aimed at protecting the information on Cruise Card applications, which could be dangerous in the wrong hands.
- Authored by: Sen. Dan Moody (R-Alpharetta)
- House Judiciary-Civil Committee Substitute: LC 29 1830S/hss; Withdrawn
- Rep. Wendell Willard (R-Atlanta) presented the bill to the House
- Floor Amendments: Lunsford Amendment withdrawn; Floor substitute adopted
- Y: 165 N: 2
SB 124 - Licensing Board for Residential/General Contractors; method of appointing members This legislation changes the method of appointing board members. It follows the uniformed statewide standard for appointments to boards in the State of Georgia. It pushes up the effective date to be licensed, and asks the State for "seed money" for the new state board...board to reimburse the State.
- Authored by Sen. Mitch Seabaugh (R-Sharpsburg)
- House Regulated Industries Committee: Favorable as passed by Senate

- Rep. Graves presented the bill to the House - Floor Amendments: None - Y: 158 N: 1
SB 134 - Juvenile Justice; persons violate terms/ conditions of probation; change prov. - relating to juvenile proceedings, so as to provide that the Department of Juvenile Justice operate certain programs for persons who violate the terms and conditions of probation; to provide that the Department of Juvenile Justice operate certain community based alternative programs under certain circumstances; to change provisions relating to disposition of a delinquent child - Authored by: Sen. Brian Kemp (R-Athens) - House Judiciary-NonCivil Committee Substitute: LC 29 1851S/hss - Rep. David Ralston (R-Blue Ridge) presented the bill to the House - Floor Amendments: AM 29 0352 failed by vote of 37:128 - Y: 148 N: 18
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. - Authored by: Sen. Don Balfour (R-Snellville) - House Higher Education Committee: Favorable as passed by Senate - Rep. John Heard (R-Lawrenceville) presented the bill to the House - Floor Amendments: None - Y: 161 N: 2
Modified Structured Rule SB 107 - Developmental Highway System; additional route This bill adds an additional route to the Developmental Highway System of the State. - Authored by: Sen. Tommie Williams (R-Lyons) - House Transportation Committee Substitute: LC 34 0310S/hss

- Rep. Mickey Channell (D-Greensboro) presented the bill to the House - Floor Amendments: None - Y: 159 N: 0
SB 129 - Public Transit; unlawful to solicit money /sell goods and services to operators/passengers; penalties - This bill prohibits "pan handling" on all public transit systems. Violators will be guilty of a misdemeanor and fined. - Authored by: Sen. David Adelman (D-Decatur) - House Transportation Committee: Favorable as passed by Senate - Rep. Jill Chambers (R-Atlanta) presented the bill to the House - Floor Amendments: None - Y: 150 N: 4
Structured Rule SB 99 - MARTA Act; code of ethics; conflict of interest; board members; provisions - This legislation simply adds to the MARTA Act a provision regarding the removal of a member of the board of directors found in violation of a provision of a code of ethics approved by the Board. - Authored by: Sen. Dan Moody (R-Alpharetta) - House Transportation Committee: Favorable as passed by Senate - Rep. Jill Chambers (R-Atlanta) presented the bill to the House - Floor Amendments: None - Y: 154 N: 0
* The House will reconvene on Thursday, March 17 at 10:00 AM for its 34 th Legislative Day.
R ULES C OMMITTEE

The Committee on Rules today has fixed the calendar for the 34 th Legislative Day, Thursday, March 17, as enumerated below, and can be called at the pleasure of the Speaker of the House.
D EBATE C ALENDAR
Open Rule
SB 53 - Paternity; petition of legitimation of child; provide consent of mother/father - relating to petition for legitimation of a child, notice to mother, court order, effect, and intervention by father, so as to provide that legitimation of a child may take place contemporaneously with the establishment of paternity with the consent of the mother and the father
- Authored by: Sen. Preston Smith (R-Rome)
- House Civil Judiciary Committee Substitute: LC 34 0345S/hss
SB 133 - Fireworks; definitions; certain combustible compositions; prohibit sale to 16 year olds; penalty - This legislation would allow the sale of wire/wood sparklers in Georgia. It also prohibits the sale of sparklers to persons under 18 years of age, prohibits the selling of sparklers over the gram weight of 100 grams, and makes it unlawful to use sparklers over 100 grams of weight indoors.
- Authored by Sen. Don Balfour (R-Snellville)
- House Regulated Industries Committee Substitute: LC 19 6553S/hss
SB 146 - GBI; change director's title; Antiterrorism Task Force; change certain prov - relating to the Georgia Bureau of Investigation, so as to change a definition; to change the title of the director; to change certain provisions concerning authorizing the Antiterrorism Task Force to share information and work with other agencies; to amend Code Section 25-2-33 of the Official Code of Georgia Annotated, relating to release of fire loss information by insurers on request by state official, and Code Section 45-7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving public notice, so as to correct the title of the director of the Georgia Bureau of Investigation
- Authored by: Sen. Jeff Mullis (R-Chickamauga)
- House NonCivil Judiciary Committee: Favorable as passed by Senate
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.

- Authored by: Sen. Ross Tolleson (R-Perry) - House Natural Resources & Environment Committee: Favorable as passed by Senate
SR 67 - CA: Fishing/Hunting; managed by law/regulation - A resolution proposing an amendment to the Constitution so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good; to provide for submission of this amendment for ratification or rejection - Authored by: Sen. Eric Johnson (R-Savannah) - House Game, Fish & Parks Committee: Favorable as passed by Senate
* The Rules Committee will next meet, Thursday, March 17 at 9:00 AM.
Tuesday's Committee Meetings' Actions - Committee Reports prepared by House Research & Policy Office
Agriculture & Consumer Affairs SB 96 - Halal Foods; regulate preparation, marketing, sale, and serving; punishment for violations - This bill would create consumer protection for Halal foods. Halal foods are those that are `permissible' under Muslim dietary laws. This bill would regulate the preparation, marketing, sale, and serving of Halal foods and provide for punishment by misdemeanor and, by a fine of not less than $25.00 nor more than $500.00, or by imprisonment for not less than 30 days nor more than six months, or both, for any violations of this code section. - Authored by: Sen. Steve Henson (D-Tucker) - House Agriculture & Consumer Affairs Committee: Favorable as passed by Senate
SB 290 - Leaf Tobacco; grading by Agriculture Marketing Service/ alternatives - This bill would repeal Code Section 10-4-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable. With the tobacco buyout, growers are now growing under contract and are subject to the grading standards of the company. - Authored by: Sen. John Bulloch (R-Ochlocknee)

- House Agriculture & Consumer Affairs Committee: Favorable as passed by Senate
Banks & Banking HB 675 - Pawnbrokers; amend certain provisions; provide for title pawn transactions - changes laws relating to title pawn transactions. *The full Banking Committee heard from Rep. Oliver and other interested parties. The Chairman appointed a Study Committee to take up the bill this summer.
Members appointed to the Study Committee: Rep. Calvin Hill, Chairman Rep. David Knight Rep. Jay Shaw Rep. Chuck Scheid Rep. Howard Mosby Rep. Howard Maxwell Rep. Johnny Floyd Rep. Ron Sailor Rep. Donna Sheldon Rep. Jack Murphy Rep. Bobby Reese Rep. Mike Coan
* Meetings will be called at the pleasure of the Chairman.
No Legislative Action was taken on this bill or any other in today's meeting.
Defense & Veterans Affairs

HR 415 - Budget proposals damaging to certain veterans; urge Congress oppose - The Resolution urges Congress to oppose current budget proposals which would be damaging to Georgia veterans who depend on the state veterans homes. - Authored by Rep. John Yates (R-Griffin) - House Defense & Veterans Affairs Committee: Favorable
Game, Fish & Parks SB 119 - Sponge Crabs; possess/offer for sale; postpone dates of certain provisions - This bill would extend the prohibition on taking sponge crabs until July 1, 2008. Currently, this section is slated for automatic repeal on July 1, 2005 unless extended by the General Assembly. - Authored by: Sen. Jeff Chapman (R-Brunswick) - Game, Fish & Parks Committee: Favorable as passed by Senate
Health & Human Services SB 51 - Clinical Laboratories; technicians; provide degree of supervision - Talks about supervision of laboratory technicians. Section 1 provides rules for testing supervision; Section 2 deals with applicability. - Amendment: Page 2 line 6 changes department to Centers for Medical Services - Relevant Testimony: Supporting bill - Marty Rodder, Department of Human Resources - Authored by: Sen. Bill Hamrick (R-Carrollton) - Presented to Committee by: Rep. David Graves (R-Macon) - Status: Tabled
SB 56 - Tuberculosis Hospitalization; definition; confinement provision; revise - Bill targets patients that do not follow prescribed treatment. Confinement of tuberculosis patients is strictly a last resort. There will be minimum impact on state funds. Tuberculosis is a real problem, but on a small number of patients will have to be confined. (4-8 patients per year). Confinement must be court ordered. Supplement by Dr. Rose Marie Solace, Chair of Southeastern Regional Commission on tuberculosis. - Sponsor/Presented by: Sen. Thomas (R-Dalton) - House Health & Human Services Committee: Favorable as passed by Senate

SB 90 - Ga. Smokefree Air Act; definitions; exceptions; violations; penalites - This bill creates the "Georgia Smokefree Air Act of 2005 ", which bans smoking in government facilities, enclosed public facilities, all places of employment, and common areas in multiple-unit residential facilities. A person who violates the provisions of this act shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $100.00. - Authored/Presented by: Senator Thomas (R-Dalton) - House Health & Human Services Committee: Favorable as passed by Senate
SB 173 - Physician's Assistant; temporary practice agreements; conditions/limitations - Deals with issue of physical assistants in free clinics. This bill defines the services provided and time served by the assistant. - Authored by: Sen. Renee Unterman (R-Buford) - Presented to HHS Committee by: Rep. Jeff Brown (R-LaGrange) - House Health & Human Services Committee: Favorable as passed by Senate
SB 294 - Timber Harvesting; tree ordinances; provide additional limitations - This bill is to create the "Cervical Cancer Elimination Task Force ". - Authored/Presented by: Senator Thomas (R-Dalton) - House Health & Human Services Committee: Favorable as passed by Senate
Higher Education HR 442 - House HOPE Scholarship Program Study Committee; create - The committee would deal with the issue of transferring credits from one institution to another. It would consist of five House members and three at-large. - Authored by: Rep. Bill Hembree (R-Douglasville) - House Higher Education Committee: Favorable
SB 43 - HERO Scholarship; establish; definitions; application procedures; rules/regulations - The bill would allow members of the Georgia National Guard serving more than 181 hours and their children to obtain a $2,000 scholarship. The scholarship could be obtained for up to 4 years totaling $8,000. The Georgia Student Finance Commission will place any additional regulations necessary and provide oversight of the scholarship.

Discussion: There was a question about using the definition of legal guardian and how it may be misused. Also, there was some discussion about the definition of a combat zone. The definition of combat zone includes those on sea, in air and on land. - Authored by: Sen. John Wiles (R-Marietta) - House Higher Education Committee: Favorable
Judiciary SB 13 - Gift Card Integrity; unfair/deceptive practices in consumer transactions - Bill deals with the purchasing of a gift card. It would provide disclosure information to the receiver of the card. If there is an expiration date, dormancy fee, etc, notice must be printed conspicuously on the gift card/certificate. Gift cards and certificates are unique because the 3 rd party that ends up using the card is not privy to the contract between the producer and the purchaser. - Authored by: Sen. Chip Rogers (R-Woodstock) - Status: reassigned to subcommittee 2, chaired by Rep. Edward Lindsey, for further study
SB 52 - Child Support; unreimbursed payment; provide negotiation, waiver - This legislation deals with child support obligations. It allows the DHR to work with a non-custodial parent who owes money to the state to negotiate, compromise, or waive fees. This will encourage that parent to come back into the system and pay their child support owed to the custodial parent. This bill only applies to the debt owed to the state not to the family and is fully supported by the DHR. - Authored by: Sen. Preston Smith (R-Rome) - House Judiciary Committee: Favorable as passed the Senate
SB 155 - Motor Vehicle Franchises; recreational vehicle dealers; purpose/policies - this gives the same basic protection to RV dealers as is given to automobile dealers, heavy machinery dealers, etc. It meets all constitutional requirements. - Authored by: Sen. Ross Tolleson (R-Perry) - Presented to House Judiciary Committee by: Sen. Whitehead, supplemented by Bruce Widener from the GA Recreational Vehicle Dealers Association - House Judiciary Committee: Favorable as passed by Senate
SB 203 - Public Defenders; indigent defense services; attorney's fees/cost recovered - This

committee substitute incorporates HB 192 and HB 561 into SB 203. Under Section 1, the amounts collected for the victim assistant program will be maintained and used locally, and the amounts so collected and distributed will be reported to the Georgia Superior Court Clerks Cooperative Authority. Section 2 clarifies provisions regarding the collection and reporting of fees. Section 3 deals with indigent defense fees. Section 4 directs the Authority promulgate rules and regulations relating to fees and compels the Authority to conduct audits. Sections 5 and 6 are the original SB 203, dealing with the collection of attorney's fee. They authorize courts to require payback from those capable of such for the public defender.
- Amendment: Page 2, Line 26 `...submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks Cooperative Authority, and the Authority shall submit a financial report..."
- Authored by: Sen. John Wiles (R-Marietta)
- Presented to Committee by: Rep. Willard, supplemented by Mike Holloman from the Superior Court Judges Association
- House Judiciary Committee Substitute: Favorable
SB 253 - Certificate of Permanent Location; requirements; change provisions - This bill addresses the designation of manufactured homes as personal property or real property. In Georgia, manufactured homes are personal property and can be secured through liens at the Department of Motor Vehicles in the same way as motor vehicles. In 2003, the General Assembly created a procedure for the conversion of a manufactured home from personal to real property. This enables an owner to obtain mortgage financing using real property and the attached manufactured home as security. This bill will create a simplified alternative procedure that will allow certain new manufactured homes to be characterized immediately as real property, rather than having to go through a conversion process.
- Authored by: Sen. Preston Smith (R-Rome)
- House Judiciary Committee: Favorable as passed by Senate
Motor Vehicles
No Committee Report available at the time of this publication.
NonCivil Judiciary
Meeting moved to Wednesday, March 16 at 2:00 PM.
* Committee action reports are sometimes edited for this report. For full content, please contact the House Research & Policy Office at 404-656-3206.

Committee Meetings for Wednesday, March 16 www.legis.state.ga.us

8:00 am-8:30 Environmental Quality Subcommittee Meeting (House Meetings)

am

216 Capitol

8:30 am-9:30 Natural Resources & Environment Committee Meeting (House Meetings)

am

216 Capitol

9:30 am-10:30 Science & Technology Meeting Notice (House Meetings)

am

416 - CAP

11:00 am-12:00 Public Finance and Policy Subcommittee Meeting (House Meetings)

pm

133 State Capitol

11:00 am-2:00 Academic Support (House Meetings)

pm

Room 606 LOB

1:00 pm-2:00 Elections Subcommittee Governmental Affairs (House Meetings)

pm

416 CAP

1:00 pm-3:00 Children & Youth Meeting Notice (House Meetings)

pm

415 - LOB

1:30 pm-2:30 Ad Valorem Tax Subcommittee Meeting (House Meetings)

pm

133 State Capitol

1:30 pm-2:30 Judiciary (Non-Civil) Committee (House Meetings)

pm

132 CAP

2:00 pm-3:30 Public Safety Committee Meeting (House Meetings)

pm

216 State Capitol

2:00 pm-4:00 SCCJR (House Meetings)

pm

506 LOB

3:00 pm

House State Planning & Community Affairs WILL NOT MEET (House Meetings) 133 CAP

3:00 pm-4:00 House Retirement Committee Meeting (House Meetings)

pm

515 LOB

3:00 pm-4:00 Governmental Affairs Committee (House Meetings)

pm

216 CAP

3:00 pm-4:00 House Transportation Committee Meeting (House Meetings)

pm

406 LOB

3:00 pm-4:00 HOUSE INSURANCE COMMITTEE (House Meetings)

pm

606 LOB

4:00 pm-5:00 Income Tax Subcommittee Meeting (House Meetings)

pm

133 State Capitol

4:00 pm-5:00 pm

Elections Sub Committee Meeting (House Meetings)

* For meeting details & agendas, please click on the Committee Name.
* This Committee Meeting Schedule is set as of the publication 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