Weekly wrap-up [House] [No. 6 (Mar. 1, 2002)]

GEORGIA HOUSE OF REPRESENTATIVES PUBLIC INFORMATION OFFICE ROOM 131, STATE CAPITOL 30334 404-656-5082 1-800-282-5800
Weekly Wrap-up #6
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The General Assembly will be in recess until Thursday, March 7, 2002 at 10:00 am allowing conferees from the House and the Senate time to work on the mid-year budget, which is a revised spending plan for the current fiscal year. Members have also voted to recess Monday, March 11th thru Friday, March 15th and reconvene Monday, March 18, 2002. This is giving members time to work on the FY 2003 budget, which begins July 1st of this year, and to save days in the session in case the General Assembly must redraw the district maps passed during the special session last August. A Federal Court in Washington is expected to rule on those proposed district lines by late March. To view spending proposals click here
Greater Oversight for Crematories - HB 1481 passed on Tuesday 173 - 0. The measure makes crematories who do business with only funeral homes and are not open to the public subject to state inspections. The measure also makes it a felony to abandon a body intended for burial or cremation. Those guilty could face up to three years in prison for each corpse abandoned. Present law states it is illegal to mutilate or desecrate a corpse but not abandon one. There are 38 crematories in Georgia, 24 are connected with funeral homes. Twenty-five percent of the 2.3 million people who died in the United States in 2000 were cremated. According to the Cremation Association of America, those numbers are expected to double by the year 2025. To view HB 1481 click here
Making Cities Liable for Auto Accidents - The House adopted HB 1128, 151 - 24. The measure removes the sovereign immunity cities and counties have from being held liable for auto accidents caused by use of their official vehicles. Under the bill, local governments would be responsible for bodily injury, deaths and property damages resulting from these accidents. Liability limits, being phased in by 2008, would be capped at $300,000 for the loss of one person and $500,000 for the loss of two or more persons. There is also a cap of $50,000 for property damage. To view HB 1128 click here
Georgia Technology Authority Overview - On Wednesday the House adopted HB 1445 by a vote of 144 - 0. The measure creates a permanent overview committee to keep track of what the Georgia Technology Authority is doing. It would be composed of three House members appointed by the speaker and three senators appointed by the lieutenant governor. The overview committee would be charged with inquiring into and reviewing the operations, contracts, financing, organization, and structure of the GTA. Established two years ago, the GTA is responsible for the millions of dollars spent on computer technology by state government.
Viatical Settlements - On Thursday HB 1220 passed 162 - 1. The bill gives the Georgia Securities Division of the Secretary of State's Office regulatory authority over Viatical Investments. This is a process where a person, most of the time near death, sells their life insurance policy to a viatical settlement company for a percentage of the policy. Also known as living benefits or death futures, viatical settlements enable life insurance policyholders to receive a lump-sum, cash payment to help meet medical and living expenses.

Insurance Company Tax Credits - HB 1441, which passed on Thursday 158 - 1, is a part of the Governor's Legislative Package and gives insurance companies a credit on premium taxes if they invest their funds in high-tech or biotech startup companies. The measure establishes a program where venture capital companies could raise funds from insurance companies to form an investment pool. To be eligible, at least 35 percent of the funds would have to be invested in the development or sale of biotechnology, biomedical, pharmaceuticals, and bio-agriculture products and techniques. Another requirement for the program is that investments must be made after March 1, 2003. The tax credits would not be effective until FY 2006 and the state would get back its tax credits by getting 10 percent of the net profits from the venture capital companies.
College Savings Plan - HB 1434 is part of the Governor's Legislative Package and passed Thursday 163 - 3. The bill removes the yearly contribution limit for the Georgia Higher Education Savings Plan. It also raises the size of the accounts to $235,000. Currently, the yearly contribution limit is $8,000 and accounts are capped at $120,000. Cost for this are estimated at $10 million over the next fifteen years.
Support for Families - On Monday the House adopted HR 1042 150 - 17. The resolution expresses support for public policies intended to strengthen marriage and improve the self-sufficiency of families. Also noted in the resolution is high rates of divorce, unwed mothers, and absentee fathers. Such conditions are prevalent in our society and have profound negative consequences for children. HR 1042 also encourages couples to enter into marriage with premarital counseling as well.
Covering License Tags - HB 1261, which passed the House on Monday 144 - 15, makes it illegal to intentionally cover a license plate with plastic making them unidentifiable for traffic cameras. Those running red lights and passing through toll booths can be caught by strategically placed cameras taking pictures of their license plates, and later fined. Violators could face a penalty of up to a year in jail and a fine of up to $1,000.
To view legislation click here
Other Legislation Passed this Week
Monday, February 25, 2002 - 23rd Day of the Session
HB 387, A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide change the method of computing the maximum compensation that a member receiving a disability benefit may earn without affecting the benefit; passed 158 - 0.
HB 1109, A bill to amend Code Section 40-16-3 of the Official Code of Georgia Annotated, relating to the board and commissioner of motor vehicle safety, so as to change certain provisions relating to per diem expense allowances of board members; passed 163 - 0.
HB 1110, A bill to amend Code Section 32-6-30 of the Official Code of Georgia Annotated, relating to stopping vehicles for purposes of weighing, measuring or inspecting, reports of violations, and refusal to stop, so as to change certain provisions relating to refusal to stop; passed 163 - 0.
HB 1346, A bill to amend Code Section 47-1-14 of the Official Code of Georgia Annotated, relating to

the exemption of retirement system records from public inspection, so as to provide that such Code section shall apply to an association of like political subdivisions the purpose of which is the pooling of funds for retirement or pension purposes; passed 159 - 0.
Tuesday, February 26, 2002 - 24th Day of the Session
HB 1116, A bill to amend Code Section 9-11-16 of the Official Code of Georgia Annotated, relating to pretrial procedure, formulating issues, the pretrial order, and the pretrial calendar, so as to provide that after entry of an order governing a civil trial, the court in its discretion may allow additional witnesses to be called; passed 168 - 0.
HB 1136, A bill to amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death the death of the individual may be proved by clear and convincing evidence at any time after such exposure; passed 156 - 0.
HB 1180, A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to any agricultural commodities commission; passed 152 -0.
HB 1382, A bill to amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to change certain provisions relating to the duty to maintain grade crossings; to change certain provisions relating to authority of the Department of Transportation, counties, and municipalities to eliminate grade crossings; to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, so as to repeal certain provisions relating to obstructions located at crossings, disrepair of crossings, and removal of obstructions or repair of crossings by counties upon the failure of a company to remove obstructions or repair crossings; passed 168 - 1.
HB 1443, A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for the taxation of mobile telecommunications services; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to change certain provisions regarding imposition of various taxes by political subdivisions; to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of subscribers for ""911"" charges, so as to provide for applicability of certain charges; passed 169 - 0.
HB 1446, A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use tax, so as to change the definition of ""gross sales"" with respect to transactions relating to certain sales of telephone services; passed 169 - 0.
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 162 - 0.
Wednesday, February 27, 2002 - 25th Day of the Session
HB 1120, A bill to amend Part 2 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to change certain provisions regarding postponement

and extension of qualifying; passed 155 - 0.
HB 1154, A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to redesignate certain provisions of said article; to provide that county governing authorities may by ordinance require notice of certain timber harvesting operations; to prescribe the content of such notice and related procedures; to provide penalties for violations; to prohibit local governing authorities from imposing other notice, bond, or permit requirements for timber harvesting or forest products hauling operations; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities; passed 166 - 0.
HB 1163, A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to prohibit a county or municipality from requiring a certified septic tank installer or pumper who has provided a $2,500.00 bond from furnishing a code compliance bond; to provide for a certified septic tank installer or pumper to file a copy of a bond with the county or municipal health department in the political subdivision where the work is being done; passed 157 - 2.
HB 1203, A bill to amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to the recordation and index of military service records, so as to provide that certain military records recorded in the superior courts shall be kept under lock; to provide for persons who may review and receive certified copies of such records; passed 169 - 0.
HB 1298, A bill to regulate driver improvement and training programs and schools; to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing defensive driving course or alcohol or drug program, so as to change certain provisions relating to purpose of said article; to provide for licensing periods; to provide for bonds; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; passed 163 - 0.
HB 1324, A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide an exception for retailers that sell consumer products and wholly owned subsidiaries of such retailers that assume the risk of an expense or portion thereof for the cost of repair or replacement of such consumer products under certain circumstances; passed 157 - 0.
HB 1352, A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, acupuncture, and respiratory care, so as to provide for the supervision of physician's assistants by a physician; to provide definitions; to require notice to the Composite State Board of Medical Examiners of the names of physicians who serve as alternate supervising physicians for each physician's assistance; passed 164 - 0.
HB 1391, A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain commercial fishing vessels whose primary use is the catching of seafood; passed 166 - 0.
HB 1393, A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to transfer the OneGeorgia Authority from the Department of Industry, Trade, and Tourism to the Department of Community Affairs; to change certain provisions regarding duties of the Department of Community Affairs; to change certain provisions relating to contracts with public and private individuals and entities; passed 148 - 0.

HB 1439, A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income tax credits for low and zero emission vehicles; to provide for additional procedures, conditions, and limitations with respect to such credit; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability of certain provisions and requirements with respect to low-speed vehicles; passed 162 - 2.
HR 1144, A resolution conveying certain state owned real property located in Glynn County, including easements for use and access over certain state owned property located in Glynn County; passed 162 - 0.
Thursday, February 28, 2002 - 26th Day of the Session
HB 1062, A bill 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 add a non merger provision for the offense of cruelty to children in the second degree; passed 153 - 12.
HB 1064, A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to change provisions relating to additional eligibility requirements for the office of judge of the probate court in certain counties; to change the size of the counties in which such additional requirements shall be applicable; passed 155 - 0.
HB 1184, A bill to amend Code Section 40-9-3 of the Official Code of Georgia Annotated, relating to administration of the Motor Vehicle Safety Responsibility Act, rules and regulations, hearings, and appeals, so as to change certain provisions relating to forms; passed 165 - 0.
HB 1213, HB 1213, A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to change the requirements concerning the electronic filing of election returns by precinct; to change the information required on candidate affidavits; to change the qualifications of county registrars and deputy registrars; to provide that persons who move their residence outside a county or municipality may not continue to vote in elections in that county or municipality; passed 158 - 2.
HB 1314, A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide definitions; to provide for the suspension, cancellation, and revocation of motor vehicle registration under certain circumstances; to provide that no motor vehicle registration may be issued or renewed while such vehicle's registration is under suspension, cancellation, or revocation and unless the owner provides sufficient proof of minimum insurance coverage on such vehicle; passed 154 7.
HB 1321, A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of ad valorem taxation of property, so as to provide that an owner of property devoted to bona fide agricultural purposes who is age 65 or older and who has maintained the property for bona fide agricultural purposes for a ten-year covenant period may qualify for preferential assessment if such owner enters into a renewal covenant for a period of three years; passed 150 - 0.
HB 1421, A bill to repeal an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population; passed 164 - 0.

HB 1521, A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to chapters of the Georgia State Society of the Daughters of the American Revolution; passed 151 - 0.
Friday, March 1, 2002 - 27th Day of the Session
HB 1106, A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions relative to ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions relating to the definition of homestead; passed 156 - 0.
HB 1320, A bill to amend Code Section 9-10-150 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, so as to provide for continuances from appellate courts and clarify an attorney's duties; passed 160 - 0.
HB 1377, A bill to amend Code Section 50-35-3 of the Official Code of Georgia Annotated, relating to the board of directors of the Georgia Environmental Training and Education Authority, compensation, and reimbursement, so as to change the membership of such authority; passed 117 - 33.
HB 1422, A bill to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to change certain provisions relating to the State Soil and Water Conservation Commission and its chairman, quorum, compensation, surety bonds, records, and audits; passed 146 - 9.
HR 1073, A resolution proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such building projects; passed 156 - 0.
HR 1145, A resolution urging BellSouth to reconsider relocating its Georgia call center; passed 148 - 0.
SR 574, A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; authorizing the conveyance of certain state owned property located in Cobb County; authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee; authorizing the conveyance of certain state owned property located in Spalding County, Georgia; authorizing the conveyance of certain state owned real property located in Wilkes County, Georgia; to repeal conflicting laws; passed 163 - 0.
SR 575, A resolution authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Butts, Cobb, Coweta, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, and Upson counties, Georgia; to repeal conflicting laws; passed 158 - 0.
To view legislation click here
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