Weekly wrap-up [House] [No. 11 (Apr. 12, 2002)]

GEORGIA HOUSE OF REPRESENTATIVES PUBLIC INFORMATION OFFICE ROOM 131, STATE CAPITOL 30334 404-656-5082 1-800-282-5800
Weekly Wrap-up #11
Back to PIO The House reconvened on Tuesday, April 9, 2002 at 10:00 am, recessed Thursday, April 11, 2002 and reconvened Friday, April 12, 2002 at 9:00 am for the last day of the session. Conference committees used the one day break to work on compromises between the House and the Senate. A ruling has also come down from a federal court in Washington on the district maps the General Assembly drew last August during the special session. Their decision rejected the Senate map but approved the House and Congressional maps.
2002 Session Ends - The second regular session of the 146th General Assembly of Georgia adjourned sine die at 3:44 pm, Friday, April 11th. The Governor has 40 days from the end of the session to either sign bills into law; veto bills; or, allow bills to become law in 40 days without his signature.
Final Version of FY 2003 Budget - On Wednesday the House adopted the conference committee report on HB1002, 144 - 27. This is the state's $16.1 billion budget for fiscal year 2003 that begins July 1st. Highlights includes a 3.25 percent teacher pay raise and a 2.25 percent state employee pay raise, around $350 million in property tax relief through an expansion of the homestead exemption provision, saving the average homeowner about $200, $6.6 million for Peach Care for Kids Program which provides medical coverage for children in lower income families who do not qualify for Medicaid, $450,000 for 9 positions at the Public Service Commission to monitor and oversee the natural gas industry, $280,000 for pre-trial substance abuse and mental health treatment programs, $300,000 to fund grants for counties to pay for indigent defense and $591,000 to create the Georgia Military Pension Fund. To view spending proposals click here To go to the Legislative Budget Office click here
Revised Senate District Map - On Wednesday the House agreed by a vote of 95 - 74 to Senate floor amendment to HB 1667. This is a new Senate district map that had to be redrawn because the one adopted last August was rejected by a federal court in Washington.
Predatory Lending - On Friday the House voted 165 - 4 to agree to the conference committee report on HB 1361. This bill is a part of the Governor's Legislative Package attempting to curb unscrupulous lending practices targeting the elderly and uneducated borrowers. The compromise measure prohibits balloon payments on high cost loans and does not effect normal home loans in any way. To view HB 1361 click here
Natural Gas - On Friday the House voted 159 - 3 to agree to the conference committee report on HB 1568. This is a part of the Governor's Legislative Package which puts in place a consumers bill of rights that says selling natural gas must be on reasonable terms and at reasonable prices. It also sets up a gas supplier of "last resort" for those with low incomes and bad credit. And creating more competition, it allows EMC's to get in the natural gas business. Some other

provisions for consumers include establishing a late fee cap of $10 or 1.5 percent of past due balance and allowing the Public Service Commission to impose price restrictions when there is not market competition. To view HB 1568 click here
Identity Theft - SB 475, which passed Wednesday164 - 2 is a part of the Governor's Legislative Package. It allows prosecutors to seek felony charges against those caught twice for certain kinds of identity-related fraud, such as making fake IDs. The felony would be punishable by three to 10 years in prison and a $25,000 fine. And it makes businesses that fail to properly discard personal information collected from customers susceptible to civil penalties.
Domestic Terrorism - On Tuesday the House passed SB 320, 149 - 4. The measure enhances penalties for crimes motivated by domestic terrorism. It says any defendant convicted of a crime that involves planning to injure or kill 10 or more victims or that involves any plan or act likely to injure or kill that many people must serve a maximum sentence. Probation or Parole could not be granted as well. Also, in death penalty cases, evidence that the motivation of the crime was domestic terrorism could be used as a factor in the sentencing phase of the trial.
Health Care - On Wednesday the House passed SB 476, 107 - 34. This bill is a part of the Governor's Legislative Package and requires insurance companies to have staff available 24 hours a day to authorize certain non-emergency treatments. Insurance companies would have to make staff available to authorize procedures that are not emergencies but might be necessary after normal business hours or on weekends as well under the bill. The measure also limits insurance companies to an 18-month window in which they can request a refund from a doctor on a claim submitted within 90 days of service, gives consumers 60 days to continue using a physician after a doctor's contract with a insurance company has been canceled and makes coverage for pregnancies apply throughout the pregnancy and as long as six weeks after the birth.
Asthmatic Children - SB 472, which passed on Tuesday by a vote of 160 - 0, would allow children who suffer from asthma to use inhalers without getting permission from a teacher or a nurse. The bill also requires the children to have prescription from a doctor and permission from their parents to use the inhalers themselves.
DUI Offenders - SB 482, which is part of the Governor's Legislative Package, passed on Tuesday 166 - 1. Loopholes in Georgia's current DUI laws would be closed under the bill.
Tracking Sexual Offenders - SB 433, which passed Wednesday 141 - 0, requires convicted sexual offenders to register with a college or university before they can enroll or work there. Sexual offenders who do register with the GBI would also see increased penalties of a felony instead of a misdemeanor and one to three years in prison.
Autopsy Photos - SB 110 passed on Wednesday 143 - 0. The measure makes autopsy photos only available to immediate family members and law enforcement. A next of kin to the deceased could give permission to release the photos. The press could ask a judge to release the photos if it is in the public interest as well.

Banks - SB 532 passed on Tuesday 141-0. It allows banks to merge with other banks after three years instead five years.
School Prayer - HR 1414 passed on Tuesday, 140 - 9, and expresses support for a new proposed school prayer amendment to the Constitution of the United States.
To view legislation click here
Other Legislation Passed this Week Tuesday, April 9, 2002 - 38th Day of the Session SB 62, A bill to be entitled an Act to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit in the Employees' Retirement System of Georgia and related matters, so as to provide for creditable service for terms of military service begun when the military draft was in effect; to provide for the payment of an employee contribution with interest; to provide a time period for making application; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; passed 149 - 0. SB 334, A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to definitions; to change certain provisions relating to lien foreclosure procedure; to change certain provisions relating to duty of person removing or storing motor vehicle; to repeal conflicting laws; passed 160 - 0. SB 346, A bill to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to conform to the language of Federal Rule of Civil Procedure 4(f) regarding the methods of service of process in other countries in conformity with the Convention Relative to the Notification or Service Abroad of Judicial and Extrajudicial Documents; to authorize international service of process by mail when not prohibited by the government of a foreign country; to provide for related matters; to repeal conflicting laws; passed 156 - 0. SB 354, A bill to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions by collecting officer of the intangible recording tax, so as to provide for a 4 percent commission as compensation to the collection officer in counties having a certain population; to repeal conflicting laws; passed 139 - 0. SB 393, A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to change certain provisions relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal; to change certain provisions relating to cases requiring an application for appeal, procedure, and jurisdiction; to amend Code Section 9-11-56 relating to summary judgment so as to conform it to the changes made in Title 5; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; passed 159 - 0. SB 396, A bill to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to government records which are not required to be disclosed to the public, so as to provide that disclosure shall not be required for certain records which would compromise the security of government facilities against terrorist or other attack; to provide for related matters; to provide an effective date; to repeal conflicting laws; passed 152 - 0.

SB 397, A bill to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate the use of electric personal assistive mobility devices; to define certain terms; to repeal conflicting laws; passed 152 - 4. SB 442, A bill to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Community Health to award grants, as funds become available, to rural hospitals for public health purposes; to provide for the Department of Community Health to promulgate rules and regulations for effective administration of such grants; to provide for related matters; to repeal conflicting laws; passed 162 - 0. SB 460, A bill to be entitled an Act to amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, so as to provide that the Department of Veterans Service may establish, operate, and maintain additional Georgia veterans cemeteries in this state; to provide for related matters; to repeal conflicting laws; passed 158 - 0. SB 467, A bill to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to create standards, uniformity, oversight, and certification for family violence intervention programs; to provide a short title; to change provisions relating to family violence counseling; to add an article to manage family violence intervention programs; to define terms; to provide for the administration of the programs; to establish a certification process; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to conform certain language relating to family violence intervention programs; to provide for an effective date and applicability; to repeal conflicting laws; passed 149 - 3. SB 482, A bill to be entitled an Act to revise and harmonize certain provisions of the O.C.G.A. relating generally to prevention, prohibition, prosecution, punishment, and remediation of driving under the influence of alcohol, drugs, or other intoxicating substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension and conditions to return of license; to change certain provisions relating to seizure and disposition of drivers licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases; to repeal conflicting laws; passed 166 - 1. SB 517, A bill to be entitled an Act to amend Article 12 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to the powers of trustees, so as to impose certain restrictions on the extent to which a trustee who is also a beneficiary of a trust may exercise discretionary powers of distribution over income or principal for his or her own benefit; to provide for the application to amendable trusts or trusts executed after enactment unless the terms of the trust expressly provide otherwise and to trusts executed before enactment unless all interested parties elect otherwise within three years; to provide for the appointment of an independent trustee to exercise any otherwise proscribed powers; to provide for definitions; to repeal conflicting laws; passed 149 - 0. SB 532, A bill to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to change the five-year age requirement for acquisition of a bank to a three-year age requirement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; passed 141 - 0. SR 668, A resolution creating the Investment Capital Study Committee; passed 159 - 1.

Wednesday, April 10, 2002 - 39th Day of the Session SB 384, A bill to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the method for calculating funding for certain after-school programs for students who have previously dropped out of school and students who have previously failed courses in a regular day time school; to provide for related matters; to repeal conflicting laws; passed 135 - 0. SB 386, A bill to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weights of vehicles and loads, so as to change certain provisions relative to exemptions; to provide an exemption for ready-mixed concrete; to repeal conflicting laws; passed 92 - 60. SB 407, A bill to be entitled an Act to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the crime of endangerment of a child under the age of 16; to provide for legislative findings and intent; to provide for various degrees of endangering a child under certain circumstances; to provide for penalties; to provide that the offense is in addition to other punishment; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; passed 159 - 3. SB 408, A bill to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to allow employees of the Federal-State Shipping Point Inspection Service and the Georgia Firefighters Pension Fund to participate in the states flexible employee benefit plan; to allow payroll deductions for the purchase of benefits by such employees; to repeal conflicting laws; passed 140- 0. SB 428, A bill to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to reasonable efforts to preserve and reunify families, case plans, motions to extend, permanency plans and permanency hearings; to provide that reasonable efforts to preserve and reunify families shall be made when a child is placed in the custody of the Department of Human Resources; to provide that the Department of Human Resources shall submit 30 day case plans for children in its custody; to provide for court review of the efforts of the Division of Family and Children Services to finalize permanency plans; to provide an effective date; to repeal conflicting laws; passed 162 -5. SB 447, A bill to be entitled an Act to amend an Act known as the ""Metropolitan Atlanta Rapid Transit Authority Act of 1965,"" approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved January 23, 1993 (Ga. L. 1993, p.5251), so as to define the term ""transit operating revenue""; to provide an effective date; to repeal conflicting laws; passed 151 - 0. SB 449, A bill to be entitled an Act to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to provide that agencies may conduct meetings by telecommunications conference when members of an agency are on ordered military duty; to provide that members of an agency on ordered military duty may participate in meetings of the agency by telecommunications conference; to provide that absence on ordered military duty does not constitute vacation of office; to provide for an effective date and applicability; to repeal conflicting laws; passed 135 - 0. SB 459, A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the

Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to revise definitions; to provide for the procedure for an investigative warrant; to provide for access to stored wire and electronic communications and transactional records; to provide for a short title; to provide for related matters; to repeal conflicting laws; passed 156 - 2. SB 488, A bill to be entitled an Act to regulate commercial motor vehicles and motor common carriers and motor contract carriers; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to change certain provisions relating to definitions relative to commercial drivers licenses; to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation; to repeal conflicting laws; passed 154 - 0. SB 495, A bill to be entitled an Act to amend Code Section 36-15-7 of the Official Code of Georgia Annotated, relating to county law libraries use of funds, so as to require the use of funds for judges of the state courts; to provide for related matters; to repeal conflicting laws; passed 168 - 0. SB 505, A bill to be entitled an Act to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, so as to include the nonrenewal of an entire line or class of business by an insurer under certain circumstances as an unfair method of competition and unfair and deceptive act or practice; to provide an effective date; to repeal conflicting laws; passed 155 - 4. SB 546, A bill to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide that any report to the General Assembly required by such title shall be made to the members of the General Assembly on a disc or other format which is able to be read by a personal computer and saved to the computers hard drive; to repeal conflicting laws; passed 160 - 0. HR 1227, A resolution urging the United States Bureau of Alcohol, Tobacco, and Firearms and the Director of the Bureau of Alcohol, Tobacco, and Firearms to reconsider its actions in approving labels and retail distribution of malt beverage products produced with various flavoring materials, including distilled spirits; passed 124 - 16. SR 497, A resolution designating the ""Herman Jones Memorial Forensic Science Complex"" at the Georgia Bureau of Investigation; passed 157 - 0. SR 852, A resolution conveying the reverter interest of the state in certain real property located in Glynn County, Georgia, heretofore conveyed pursuant to resolutions of the General Assembly to Boys Estate Incorporated, later known as Youth Estate, Inc., and now known as Morningstar Treatment Services, Inc.; to provide an effective date; to repeal conflicting laws; passed 147 -0. SR 854, A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a thoroughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; passed 157 - 0.
Uncontested House and Senate Resolution Calendar: HR 1413, A resolution creating the House Paraprofessionals Study Committee; SR 604, A resolution creating the Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; passed 154 - 0.

Friday, April 12, 2002 - 40th Day of the Session SB 138, A bill to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; passed 167 - 0. SB 323, A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization relative to revenue and taxation, so as to change certain provisions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services; to repeal conflicting laws; passed 145 - 0. SB 336, A bill to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide additional discretion to local school boards regarding exceptions to the prohibition against possession of electronic communication devices by students in school; to repeal conflicting laws; passed 148 - 12. SB 451, A bill to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to provide that hospital liens are liens against patients causes of action and not patients nor their property or assets; to provide for notice of hospital liens; to provide for the filing time for hospital liens; to provide for the effect of such notice and filing; to provide that hospital liens be segregated from other liens on the records of the clerk of superior court; to provide for the enforcement of such liens against insurers; to provide that releases or covenants not to sue made before or after the discharge of the patient from the hospital shall not affect such liens in certain circumstances; to provide for related matters; to repeal conflicting laws; passed 150 - 0. HR 838, A resolution designating the Veterans Parkway; passed 153 - 3. HR 851, A resolution creating the Joint MARTA Study Committee; passed 93 - 51. HR 975, A resolution creating the House Study Committee for House Bill 851; passed 103 - 46. HR 1075, A resolution authorizing the conveyance of certain state owned real property located in Houston County, in exchange for certain other property in Georgia; passed 150 - 0.
Uncontested House Resolution Calendar: HR 1321, A resolution creating the House Biodiesel Study Committee; HR 1328, A resolution creating the House Collegiate Athletic Association Disciplinary Study Committee; passed 128 - 0. To view legislation click here
Georgia House of Representatives Public Information Office