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 Thursday, March 17, 2005 Legislative Day # 34 T ODAY ON THE F LOOR : Speaker of the House Glenn Richardson (R-Hiram) gaveled the House into session this morning at 9:00 am. The Speaker then recognized Rep. Carolyn Hugley (D-Columbus) who introduced the "Devotional Speaker of the Day," Pastor Scott, who spoke to and the led the House in the morning devotion. Speaker Richardson also recognized Rep. Mary Margaret Oliver (D-Decatur) to introduce the "Doctor of the Day," Dr. Wess. The first official vote by the House this morning was to adopt the Local Calendar, and it was adopted by a vote of Y-117: N-0. The Speaker then recognized Representatives Joe Wilkinson, Mable Thomas, and Pete Warren who all spoke from the well during Morning Orders. The House then took up the Rules Debate Calendar. H OUSE R ULES C ALENDAR 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 - Rep. Wendell Willard (R-Atlanta) presented the bill to the House - Floor Amendments: None - Y: 153 N: 3 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 - Floor Amendments: None - Y: 67 N: 96 - Bill Fails 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 - Rep. Jay Neal (R-LaFayette) presented the bill to the House - Floor Amendments: None - Y: 150 N: 0 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 - Floor Amendments: AM 25 0825 - Adopted - Y: 149 N: 1 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 - Rep. Earl Ehrhart (R-Powder Springs) presented the bill to the House - Floor Amendments: None - Y: 152 N: 0 M OTIONS TO A GREES/ D ISAGREE HB 37 - Sandy Springs, City of; incorporate; new charter - This bill creates the City of Sandy Springs. - Authored by: Rep. Joe Wilkinson (R-Sandy Springs) - House Agrees to Senate Amendment: Y: 129 N: 29 HB 188 - 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. - Authored by: Rep. Sue Burmeister (R-Augusta) - House Disagrees to Senate Amendment: Y: 143 N: 9 HB 212 - Juvenile court; guardian ad litem; training for deprivation cases - Requires certain training for guardians ad litem appointed for children in deprivation cases. - Authored by: Rep. Judy Manning (R-Marietta) - House Agrees to Senate Amendment: Y: 150 N: 0 HB 217 - 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; - Authored by: Rep. Jay Neal (R-LaFayette) - House Agrees to Senate Amendment: Y: 150 N: 3 HB 264 - Commission on Interstate Cooperation; change certain provisions - as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation - Authored by: Rep. Ron Forster (R-Ringgold) - House Agrees to Senate Amendment: Y: 164 N: 1 HB 293 - State Accounting Office; create This bill will create an Accounting office for the State of Georgia. - Authored by: Rep. Larry O'Neal (R-Warner Robbins) - House Agrees to Senate Amendment: Y: 151 N: 0 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 - Authored by: Rep. David Ralston (R-Blue Ridge) - House Agrees to Senate Amendment: Y: 152 N: 1 * The House will reconvene on Monday, March 21 at 1:00 PM for its 35 th Legislative Day. R ULES C OMMITTEE The Committee on Rules today has fixed the calendar for the 35 th Legislative Day, Monday, March 21, as enumerated below, and can be called at the pleasure of the Speaker of the House. D EBATE C ALENDAR Open Rule 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 SB 52 - Child Support; unreimbursed payment; provide negotiation, waiver - relating to debt to state created by payment of public assistance, so as to provide for the waiver, reduction, or negotiation of the payment of unreimbursed public assistance under certain circumstances - Authored by: Sen. Preston Smith (R-Rome) - House Civil Judiciary Committee: Favorable SB 68 - Real Estate Appraisers; change definitions; continuing education courses; prov - relating to real estate appraisers, so as to change certain definitions; to provide for board member recusals under certain circumstances; to provide for board approval of schools and instructors offering continuing education courses; to change certain provisions relating to hearings and investigations; relating to real estate brokers and salespersons, so as to change certain definitions; to provide for recusal of a commission member in certain circumstances; to change a provision relating to removal of a commission member; to provide for the appointment of a director or coordinator for each approved school - Authored by: Sen. Mitch Seabaugh (R-Sharpsburg) - House Government Affairs Committee: Favorable as passed the Senate SB 81 - Patient Access to Eye Care Act; blindness education, screening, treatment program Moves "Patient Access To Eye Care Act" out of current Title 31 and moves to Title 33. - Authored by: Sen. Ralph Hudgens (R-Comer) - House Insurance Committee: Favorable 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 SB 141 - Gambling; prohibit pyramid promotional schemes; definitions; penalties - relating to gambling and related offenses, so as to prohibit pyramid promotional schemes; to provide definitions; to provide for penalties and procedures - Authored by Sen. Don Balfour (R-Snellville) - Non-Civil Judiciary Committee SB 155 - Motor Vehicle Franchises; recreational vehicle dealers; purpose/policies - relating to recreational vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt recreational vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect recreational vehicle dealers; to provide for sales areas; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor upon termination of a dealership; to provide for applicability - Authored by: Sen. Ross Tolleson (R-Perry) - House Civil Judiciary Committee Substitute: LC 34 0367S/hss SB 166 - Credit Life Insurance; delivery of policy; indebtedness incurred - Relates to issuance of policy or certificate of credit life insurance by providing that the insurer shall deliver the policy or certificate to the insured within 60 Days after the indebtedness is incurred. - Authored by: Sen. Chip Rogers (R-Woodstock) - House Insurance Committee Substitute: 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 225 - Insurers; loss reserves; liability insurance/workers' compensation - This bill relates to liabilities of insurers by putting Georgia based companies on equal footing with others. - Authored by: Sen. Ralph Hudgens (R-Comer) - House Insurance Committee: Favorable 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 Structured Rule SB 41 - State Amphibian, Official; designate the green tree frog A bill to designate the green tree frog as the official state amphibian of Georgia. - Authored by: Sen. Preston Smith (R-Rome) - House Government Affairs Committee: Favorable as passed the Senate * The Rules Committee will next meet, Monday, March 21 at 11:00 AM. Committee Meetings' Actions Wednesday & Thursday: March 16-17 Committee Reports prepared by House Research & Policy Office Children & Youth Wednesday, March 16 HR 300 - Bill of Rights for Children in Foster Care; urge discussion by Department of Human Resources and child advocates - A Resolution urging Georgia to develop best practices in child welfare policy and urges DFCS and child advocates to meet to discuss a Bill of Rights for Children in Foster Care. - Authored by: Rep. Judy Manning (R-Marietta) - House Children & Youth Committee: Motion to table bill passed by committee HR 451 - Cheevers, Cassandra Denise; University of Georgia Outstanding Scholar; commend Exempt certain youth development organizations that are nonprofit from licensing requirements. - Authored by: Rep. Willie Talton (R-Warner Robbins) - House Children & Youth Committee: Motion to table bill passed by committee HR 518 - House Study Committee on Children: Newborns to Age Five; create - A Resolution creating the House Study Committee on Children: Newborn to Age Five. - Authored by: Rep. Judy Manning (R-Marietta) - House Children & Youth Committee: Favorable Civil Justice Reform: Special Committee Wednesday, March 16 SB 19 - Class Actions; appellate procedures; limitations/conditions on certification - This bill amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, so as to provide for procedures, conditions, and limitations on certification of class actions; to provide for appellate procedures relating to class actions certification; - Authored by: Sen. Eric Johnson (R-Savannah) - House Special Committee on Civil Justice Reform: Substitute SB 238 - Torts; immunity from civil liability for non- profit organizations - relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events - Authored by: Sen. Judson Hill (R-Marietta) - House Special Committee on Civil Justice Reform: - Bill was sent to subcommittee for discussion Education Thursday, March 17 SB 98 - Education; local boards; insurance/benefits; authorize expenditure of funds - The bill authorizes the expenditure of funds of local boards of education for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of local boards of education. - Authored by: Sen. Ralph Hudgens (R-Comer) - House Education Committee: Favorable SB 272 - Ryan Boslet Bill; school athletic policy; physical examination form - The bill requires the State Board of Education to develop a single comprehensive physical examination form for students participating in extracurricular sports activities. - Authored by: Sen. Dan Moody (R-Alpharetta) - House Education Committee: Favorable Game, Fish & Parks Thursday, March 17 SB 206 - Hunting Wildlife; season/bag limits; weapons; change provisions - Section 1 of this bill adds a new code section relating to lands managed by the Department of Natural Resources. The department is directed to exercise its authority, subject to valid existing rights and not in conflict with public safety or homeland security or other limitations in the law, in a manner to support, promote, and enhance recreational hunting and trapping opportunities to the extent authorized by law. The department is further directed, to the greatest practical extent, to make decisions in such a way that will result in no net loss of land acreage available for hunting and trapping opportunities. Section 2 of this bill clarifies and modifies existing language as it relates to permits to hunt deer with dogs. As written, permits to hunt deer with dogs may be granted to owners or lessees of lands of at least 1000 contiguous acres, but to only owners of properties of at least 250 contiguous acres. Currently, permits may not be issued to anyone for tracts of land less than 1000 contiguous acres. - Authored by: Sen. Tommie Williams (R-Lyons) - House Game, Fish & Parks Committee: Favorable Government Affairs Wednesday, March 16 SB 199 - Pharmacy, State Board; prescription drugs by mail; delete certain provisions - relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to delete certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers - Authored by: Sen. Don Balfour (R-Snellville) - House Government Affairs Committee: - Bill was discussed but NO LEGISLATIVE ACTION WAS TAKEN Health & Human Services Thursday, March 17 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. - Authored by: Sen. Bill Hamrick (R-Carrollton) - House Health & Human Services Committee: Favorable SB 109 - Pain Management Ad Hoc Advisory Committee; establish; membership; duties - This bill creates a Pain Management Ad Hoc Advisory Committee. Current law is updated to improve pain management relating to patients residing in health care/hospice facility. Bill provides for controlled substances to be administered in excess of the recommended dosage, even if its use may increase the risk of death, should not be administered to cause the actual death. - Authored by: Sen. Renee Unterman (R-Buford) - House Health & Human Services Committee Status: Tabled SB 208 - Central Registry for Traumatic Brain/Spinal Injuries; create state-wide - This bill creates a state-wide central registry for traumatic brain and spinal cord injuries. Bill requires that every specified health care provider or facility must report to the Brain and Spinal Injury trust Fund Commission information regarding persons identified as having a traumatic brain or spinal injury. The report must be made 45 days after persons have been identified with such injuries. - Authored by: Sen. Michael Meyer von Bremen (D-Albany) - House Health & Human Services Committee: Favorable Judiciary - Civil Thursday, March 17 SB 153 - Public Records; educational facilities; open to inspection as other agencies - Legislation will make records of campus police for private colleges subject to the Open Records Act. This would give the neighbors, employees, parents, and students of private colleges the same privileges as those of public colleges. - Authored by: Sen. David Adelman (R-Decatur) - House Judiciary-Civil Committee Substitute: Favorable SB 204 - Health Records; provide electronic format; conditions; legal rights; copies - This bill will modernize record keeping for healthcare providers by allowing them to keep their records only in electronic format. - Authored by: Sen. Brian Kemp (R-Athens) - House Judiciary-Civil Committee Substitute: Favorable SB 258 - Military Members on Duty; licenses; jury duty; exemptions/terminations - This bill is an effort to make life easier with some of the more mundane things military personnel have to deal with. It will make their departure and return smoother. - Authored by: Sen. John Douglas (R-Covington) - House Judiciary-Civil Committee Status: tabled until Tuesday Judiciary - NonCivil Wednesday, March 16 SB 6 - Criminal Background Checks; authorize national exchange of information - Bill allows local authorities to access NCIC for the purpose of finding criminal history background checks on providers of supervision and care of children, the elderly, and persons with disabilities. - Authored by: Sen. Doug Stoner (R-Smyrna) - House NonCivil Judiciary Committee: Favorable as passed by Senate SB 57 - Repeat Offenders; convicted of murder; punishment - This bill provides that individuals charged with the offense of Murder, and have three prior felony convictions, to be given the sentence of "Life Without Parol". Further, the bill exempts physicians who have participated in state sanctioned executions from being subject to challenges, suspension, or revocations of their license due to their participation. - Authored by: Sen. Bill Hamrick (R-Carrollton) - House NonCivil Judiciary Committee: Substitute SB 94 - Child Custody Intrastate Jurisdiction Act; change certain provisions - the "Georgia Child Custody Intrastate Jurisdiction Act of 1978," so as to change certain provisions relating to actions by physical or legal custodians not being permitted in certain circumstances; to prohibit other persons or entities from maintaining certain actions under certain circumstances - Authored by: Sen. Seth Harp (R-Midland) - House NonCivil Judiciary Committee: TABLED SB 106 - Violent Video Game; display explanation of rating system; penalty - This bill requires retailers of "video games" to display information on the rating system used in rating said games. Written documentation of this rating system must be made available to consumers as well. - Authored by: Sen. Doug Stoner (R-Smyrna) - House NonCivil Judiciary Committee: Favorable as passed by Senate SB 135 - Pretrial Proceedings; indictment for children; jurisdiction for Superior Court - This bill creates Code Section 17-7-50.1 in O.C.G.A. The bill requires that any child that is charged with a crime that is within the jurisdiction of the Superior Court and is detained shall have the charge against him/her presented within 180 days. The court shall grant a maximum 90 day extension if good cause is shown. Failure to secure an indictment within the time limitation will result in the defendants transference to Juvenile Court - Authored by: Sen. Preston Smith (R-Rome) - House NonCivil Judiciary Committee: Substitute SB 136 - Juvenile Proceedings; bail for delinquent children - This bill relates to the taking of a child into custody, detention, and bail. The bill provides children alleged to be delinquent or unruly the same right to bail as adults. Any person having legal custody or an adult relative or stepparent can post bail - Authored by: Sen. Preston Smith (R-Rome) - House NonCivil Judiciary Committee: Substitute SB 175 - Brady Law; regulations; comprehensive revision - relating to dangerous instrumentalities and practices, so as to provide for the comprehensive revision of certain provisions regarding Brady Law regulations; to require licensed gun manufacturers, importers, and dealers to conduct the National Instant Criminal Background Check; to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to provide for exemptions; to provide for a penalty for compromising the security of records; to provide for the regulatory authority of political subdivisions; relating to disclosure and dissemination of criminal records to private persons and businesses, so as to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to authorize the transfer and dissemination of certain information for purposes of the National Instant Criminal Background Check - Authored by: Sen Jeff Mullis (R-Chickamauga) - House NonCivil Judiciary Committee: Favorable SB 196 - Public Health; offenses; smoking on a bus while transporting children - This bill establishes, as a misdemeanor, the crime of smoking tobacco on a school bus or day care van. - Authored by: Sen. Joseph Carter (R-Tifton) - House NonCivil Judiciary Committee: Substitute SB 254 - State Budgeting; comprehensive revision; Senate/House Budget Office - A BILL to be entitled an Act to amend Title 2 of the O.C.G.A., relating to agriculture; Title 8 of the O.C.G.A., relating to buildings; Title 15 of the O.C.G.A., relating to courts; Title 17 of the O.C.G.A., relating to criminal procedure; Title 20 of the O.C.G.A., relating to education; Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics; Title 28 of the O.C.G.A., relating to the General Assembly; Title 35 of the O.C.G.A., relating to law enforcement; Title 40 of the O.C.G.A., relating to motor vehicles; Title 43 of the O.C.G.A., relating to professions; Title 45 of the O.C.G.A., relating to public officers; Title 49 of the O.C.G.A., relating to social services; and Title 50 of the O.C.G.A., relating to state government; to provide an effective date; to repeal conflicting laws; and for other purposes. - Authored by: Sen. Jack Hill (R-Reidsville) - House NonCivil Judiciary Committee: Favorable SB 269 - Pen Register; district attorney having jurisdiction; apply for/extend order - This bill allows District Attorneys of appropriate jurisdiction or the Attorney General to make application for monitoring devices - Authored by: Sen. Chip Rogers (R-Woodstock) - House NonCivil Judiciary Committee: Substitute SR 161 - Juvenile Code Rewrite; create Joint Study Committee - Resolution creates the Juvenile Code Rewrite Joint Study Committee. - Authored by: Sen. Bill Hamrick (R-Carrollton) - House NonCivil Judiciary Committee: Substitute Motor Vehicles Thursday, March 17 SB 93 - Motor Vehicles; use of material covering license plates; prohibit - This bill would prohibit the use of plastic or other types of material covering license plates in order to obscure the plate information from security cameras/readers. - Authored by: Sen. Seth Harp (R-Midland) - House Motor Vehicles Committee: Favorable SB 255 - License Plates, Special; family member serving in military - This bill would provide for special license plates for families with a member serving in the military. - Authored by: Sen. John Douglas (R-Covington) - House Motor Vehicles Committee: Favorable SB 257 - License Plates, Special; supporting Georgia troops - This bill would provide for special license plates supporting Georgia troops. - Authored by: Sen. John Douglas (R-Covington) - House Motor Vehicles Committee: Favorable Natural Resources & Environment Wednesday, March 16 SB 122 - Tire Disposal; extend collection of fees- The major portion of this bill would re-authorize the $1 per tire scrap tire fee collected on the sale of tires in this state to continue until June 30, 2008. A few small changes have been made to incorporate "scrap tire processors" into the code, along with an increase in the amount of surety bond those processors would need to post (from $10,000 (current) to $25,000 (if passed)), along with language to reflect the type of surety the tire processors would need to post.Some controversial language relating to the number of landfills that may be permitted within a certain area (that was added in the Senate) has been removed from this substitute. - Authored by: Sen. Jim Whitehead (R-Evans) - House Natural Resources & Environment Committee: Substitute SB 190 - Environmental Advisory; judicial review of contested cases; filing of petition - In cases involving grants, amendments or variances of permits by the director of the Georgia Environmental Protection Division, this bill would limit - to 90 days OR until such time as an administrative law judge has rendered a decision - the length of time of any stay initiated by a third party interest. Petitions must be filed within 30 days of the date of the permit action by the director of EPD. Notice of petition must be transmitted to the administrative law judge within 7 days of receipt of petition. Stays may only be granted by order of the superior court upon motion for a temporary restraining order or interlocutory injunction in accordance with Code Section 9-11-65. Stays under these actions may be extended by order of the administrative law judge if all parties agree. - Authored by: Sen. Ross Tolleson (R-Perry) - House Natural Resources & Environment Committee: Substitute LC 25 4090S/hss SB 277 - Georgia Hazardous Site Reuse/Redevelopment Act; change provisions of definitions This bill would extend the same limitation of liability to purchasers (Brownfield legislation) of properties contaminated by leaking petroleum underground storage tanks (contaminated gasoline stations). - Authored by: Sen. Casey Cagle (R-Chestnut Mtn) - House Natural Resources & Environment Committee: Favorable SB 283 - Natural Resources, Dept.; deadhead logging operations; establish program; provide administration; define terms - This bill would require the Georgia Department of Natural Resources to establish a program to authorize deadhead logging operations in certain locations and under certain conditions. Deadhead logging is the identification and recovery of sunken logs from forest harvest operations in recent past centuries, usually intended for use in high-end construction. The bill provides the regulatory framework for such a program, and would allow for the granting of exclusive permits for such operations. Prior to granting any permit, the department must conduct a pre-recovery assessment of the proposed recovery site. If the department determines that the public interest (including without limitation public safety, water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, and other submerged cultural resources) may be adequately protected while allowing the operation for which a permit is sought, it may grant an annual permit for such operation, which shall grant the permittee exclusive rights for such purposes for a specific two-mile segment of a river. This bill would require an annual permit fee of $10,000 for each two-mile segment of a river. The permittee must also post a bond of up to $50,000 per permitted river segment. The bill also provides for additional protections in the form of notifications to the department, periodic inspections of the operations by the department, and provisions for amendment of permits based upon any previously unknown or undisclosed facts that may warrant additional considerations. Finally, the bill authorizes the Board of Natural Resources to set the sale price rate or rates for the deadhead logs, retains title to the logs until payment for such logs is received, and allows for the disposition of the logs under the provisions for disposal of surplus state property under title 50, if payment is not received. Provides for automatic repeal on January 1, 2008. - Authored by: Sen. John Bulloch (R-Ochlocknee) - House Natural Resources & Environment Committee: Favorable HR 494 - House Coastal Georgia Sound Science Initiative Study Committee; create - This resolution dealing with saltwater intrusion would create the House Coastal Georgia Sound Science Initiative Study Committee, to be composed of five members of the House of Representatives, which would undertake a study of the conditions, needs, issues, and problems related to declining coastal water supply, withdrawals, saltwater contamination, strategy, past and current studies, results of studies, and other issues. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of the resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005. - Authored by: Rep. Lynn Smith (R-Newnan) - House Natural Resources & Environment Committee: Favorable Public Utilities & Telecommunications Thursday, March 17 SB 46 - Mobile telephone service; publishing numbers; written consent of subscriber - This bill is in regards to telephone service and provides that suppliers of wireless telephone `directory' service cannot dial telephone number without subscribers consent. Also, bill prohibits giving certain information to telemarketers. - Authored by: Sen. David Shafer (R-Duluth) - House Public Utilities Committee Substitute: Favorable SB 139 - Torts; liquefied petroleum gas providers; limit liability/damages - This bill relates to general provisions for torts by limiting liability and damages in certain circumstances; and, limits liability for certain liquefied petroleum gas providers. - Authored by: Sen. Mitch Seabaugh (R-Sharpsburg) - House Public Utilities Committee: Favorable SB 209 - Public Service Commission; change time period for issuance; gas supply plan - This bill changes deadline for Commission to issue a decision in a gas supply case from 45 to 90 days. - Authored by: Sen. Doug Stoner (R-Smyrna) - House Public Utilities Committee: Favorable SB 210 - Public Service Commission; superior court filing; provide venue, judgement - This bill allows Commission to enforce uncontested orders without having to seek a new judicial proceeding. This legislation will save taxpayers' money and Commission resources by not having to re-litigate the case in court when the other party would not even offer a defense. - Authored by: Sen. Doug Stoner (R-Smyrna) - House Public Utilities Committee: Favorable SB 274 - Ga. Utility Facility Protection Act; sewer laterals; add provisions - This bill is known as the "Georgia Utility Facility Protection Act." Each local governing authority is authorized to require (by ordinance) any bonds on utility contractors or persons performing excavation or blasting within the public right of way or dedicated utility easement. - Authored by: Sen. Mitch Seabaugh (R-Sharpsburg) - House Public Utilities Committee Substitute: Favorable Public Safety Wednesday, March 16 HB 369 - Motorcycles; protective headgear; exempt certain persons - This bill would exempt motorcycle operators from the helmet requirement if that operator is twenty-one (21) years of age or older and has completed a motorcycle rider education course approved by the department or has held a motorcycle operator's license for at least two years. Further, the bill would exempt passengers twenty-one (21) years of age or older from the helmet requirement provided the operator of the motorcycle is also exempted under the foregoing provision. - Authored by: Rep. Bill Hembree (R-Douglasville) - House Public Safety Committee: Favorable HB 732 - Laser speed detection devices; testing; accuracy requirements - This bill is would add "laser speed detection devices" to Code Section 40-14-5, relating to testing of radar devices and removal of inaccurate devices from service. This would require a county, municipal, or campus law enforcement officer using a laser device for speed detection to notify each person against whom the officer intends to make a case based on the laser device that the person has a right to request the officer to test the radar device or laser device, as applicable, for accuracy. - Authored by: Rep. Burke Day ( R-Tybee Island) - House Public Safety Committee: Referred to subcommittee SB 178 - Emergency Vehicles Equipment; restrictions to use blue lights; exceptions - This bill seeks to further clarify the definition of flashing or revolving blue lights used on law enforcement vehicles. It shall be unlawful for anyone other than law enforcement officers or agencies to use any blue lights, whether flashing, blinking, revolving or stationary. This is to clarify the definition because some persons have won in court by saying that their lights were `blinking' or `stationary' and that definition was not a part of the code. - Authored by: Sen. John Douglas (R-Covington) - Committee Action: Placed in subcommittee to study and correct a small concern. SB 308 - Georgia Firefighter Standards/Training Council; powers/functions; provide definitions This bill realigns some of the prescribed airport firefighter statutory language and places it under the purview of the Georgia Firefighter Standards and Training Council. If passed, the airport firefighter training would be prescribed by rule by the Georgia Firefighter Standards and Training Council and the Board of Public Safety. This really does not change much, but corrects what is believed to be an oversight in construction of the code. This will lend some flexibility in the way airport firefighter training is handled, and should benefit all firefighters. - Authored by: Sen. Jeff Mullis (R-Chickamauga) - House Public Safety Committee: Favorable Retirement Wednesday, March 16 SB 161 - Employees' Retirement; Housing/Finance Authority officer; payment to trustees - Bill provides that members of ERS, who became members on or after July 1, 1995, and who immediately prior to becoming a member was an employee of the Georgia Housing and Finance Authority, may purchase creditable service for prior service. - Authored by: Sen. Bill Heath (R-Bremen) - House Retirement Committee: Favorable SB 284 - Employees Health Benefits; create trust fund; community health; powers/duties - Bill creates the Georgia Retiree Health Benefit Fund to provide for the employer costs of retiree post-employment health insurance benefits. -Authored by: Sen. Mitch Seabaugh (R-Sharpsburg) - House Retirement Committee: Favorable Science & Technology Wednesday, March 16 SB 62 - Georgia Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties - This bill deals with Spam, false or misleading emails. It provides for criminal penalties and for civil relief and venue for civil proceedings. Creates the new crime of initiation of deceptive commercial e-mail. - Authored by: Sen. David Shafer (R-Duluth) - House Science & Technology: Favorable as passed the Senate. SR 298 - Emerging Communication Technologies Study Committee; create - Resolution will create the "Emerging Communications Technologies Study Committee"Joint study committee will undertake a study of emerging technologies of broadband, Voice over internet protocol, and wireless service and will consider what role, if any, the Public Service Commission should play in the growth and development of these competitive services. - Authored by: Sen. Mitch Seabaugh (R-Sharpsburg) - House Science & Technology: Favorable as passed the Senate. State Institutions & Property Wednesday, March 16 HB 667 - Correctional institutions; inmate commissaries - The substitute to HB 667 will allow wardens of correctional institutes and other employees and official of the department to be authorized to enter into new contracts for supplies for commissaries for inmates in any state correction institution. This substitute allows such employees and official to renew or renegotiate contracts that are inexistence and that expire before July 1, 2006.Renegotiation of contracts will be accepted on July 1, 2006 to give everyone the opportunity for a fair bid. Committee will work on this bill and take it up again in the 2006 Session. -Authored by: Rep. Terry Barnard (R-Glennville) - State Institutions & Property Committee Substitute: LC 22 5896S/hs HB 692 - Probation; terms and conditions; amend - This bill is in regards to changing the state-wide probation system. The court shall not banish a probationer to any area with the state that does not consist of at least one entire judicial circuit; or if any service or program in which the probationer must participate as a condition of probation is not available. - Authored by: Rep. Ellis Black (D-Valdosta) - TABLED (will take up at next meeting) SR 80 - Public Property; conveyance; grant utility easements; 7 counties - This resolution grants easements over certain state owned properties in the following counties: Baldwin, Banks, Burke, Chatham, Douglas, Fulton, Newton and Chatham. - Authored by: Sen. Regina Thomas (D-Savannah) - House State Institutions & Property Committee: Favorable SB 158 - State Space Management Act; repeal; transfer duties, powers - This bill related to administrative space (whether existing or to be constructed) that is required by a state entity for office, storage, special purposes and required for its core mission. The space must be necessary for and utilized in the performance of the duties that the state entity is obligated by law to perform; or the delivery of the services that the state entity is authorized or required by law to provide. - Authored by: Sen. Jim Whitehead (R-Evans) - House State Institutions & Property Committee: Favorable Transportation Wednesday, March 16 NO REPORT AVAILABLE Ways & Means Thursday, March 17 SB 227 - Ga. State Financing/Investment Commission; definitions; bonds; procedures - More commonly known as derivatives or interest rate swaps and caps, the purpose of this bill is to enable the State through Georgia State Finance and Investment Commission (GSFIC) and political subdivisions to enter into interest rate swap agreements to reduce the cost of debt service in a controlled and risk minimized process. This bill will allow short-term, fixed to floating rate swaps to reduce debt service on the state's fixed interest rate bond portfolio and in the future may be used to provide fixed caps as a hedge to floating interest rate commercial paper. While the legislation does require reporting of existing swaps, it does not affect existing swaps.Each participating entity is required to adopt an interest rate management plan which controls and manages the type of trades entered into. The State as well as each local governing entity desiring to issue trades must also hire a qualified, independent interest rate advisor to develop the interest rate management plan. This advisor must issue a clean opinion that each trade complies with the plan and must opine that each trade is an appropriate risk for the issuing political division. Only institutions that retain two of the high highest credit ratings from Standard & Poors, Moody's Investment Service or Fitch's are eligible to sell these types of transactions.This legislation specifically restricts or prohibits the use of foreign currencies, equity derivatives, and highly sophisticated trades which can allow huge up-front payments to the issuing political division, thus circumventing the General Assembly appropriation process. - Authored by: Sen. Casey Cagle (R-Chestnut Mtn) - House Ways & Means Committee Substitute: SB 291 - Ad Valorem Taxation; tangible personal property located on airport; change provisions This bill requires that the revenue collected from ad valorem taxes returned on all real property or tangible personal property located on airport property, which is situated entirely within one county, but has an airport authority which functions on behalf of more than one county, to be apportioned to each county in proportion to the number of authority board members from each county. - Authored by: Sen. Bill Heath (R-Bremen) - House Ways & Means Committee: Favorable HR 486 - House Ad Valorem Inventory Tax Study Committee; create - This resolution creates the House Ad Valorem Inventory Tax Study Committee. The committee will focus on the collection and imposition of ad valorem taxes on inventory goods in border communities. - Authored by: Rep. Chuck Scheid (R-Woodstock) - House Ways & Means Committee: Favorable HR 488 - House Education Funding Study Committee; create - This resolution creates the House Education Funding Study Committee. The committee will focus on methods to eliminate local funding of education through ad valorem taxation and replace that funding with the imposition of a state sales and use tax. - Authored by: Rep. Jerry Keen ( R-St. Simons Island) - House Ways & Means Committee: Favorable * 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 There are No Committee Meetings scheduled for Friday, March 18 * 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