Weekly wrap-up [House], No. 10 (Apr. 18, 2003)

GEORGIA HOUSE OF REPRESENTATIVES PUBLIC INFORMATION OFFICE ROOM 131, STATE CAPITOL 30334 404-656-5082 1-800-282-5800
Weekly Wrap-up #10
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The House of Representatives reconvened Monday, April 14, 2003 at 10:00 am in what now has become one of the longest sessions in history, even eclipsing last year when the legislature adjourned Sine Die on April 12th . A new schedule for the remainder has also been set in motion. They were in recess Tuesday, April 15th and Wednesday, April 16th of this week to work on the budget and reconvened Thursday, April 17th. Members will go back into session Tuesday, April 22nd for the 39th day, take a one day recess allowing conference committees to meet, and end Sine Die, Thursday, April 24th for the 40thday. Tobacco Tax Increase - Thursday saw the passage of HB 379, which is a part Governor Sonny Perdue's legislative package, by a vote of 91 - 84. However, bills must have passed at least one chamber by this point in the session which means the Senate has to suspend their rules with a two-thirds majority vote in order to take the revenue enhancing measure up this session. HB 379 increases the tax on a pack of cigarettes from 12 cents to 33 cents and generic cigarettes would be taxed at 83 cents a pack. It also places a new 10 percent tax on smokeless tobacco and increases the tax on cigars from 13 percent to 41 percent. $178 million in extra revenue could be generated for the state's coffers from this proposal. Georgia is currently facing a shortfall of approximately $400 million for the 2004 fiscal year.
To read HB 379 click here Methamphetamine Labs - Monday saw the passage of SB 205, 151 - 11. This is also a part of Governor Sonny Perdue's legislative package and it is intended to crack down on methamphetamine labs. The proposal makes it illegal to have more than 300 doses of drugs that contain ephedrine which are often used to make methamphetamine. If an offender is caught with less than 200 grams, there will be a mandatory 10 year prison sentence and a fine of $200,000. For 200-400 grams, there will be a mandatory prison term of 15 years and a fine of $300,000. For more than 400 grams, there will be a minimum prison term of 25 years and a fine of $1 million. Another provision makes it illegal to own the flammable fertilizer anhydrous ammonia, which is also used to make methamphetamine. However, people using the fertilizer legitimately would be exempt. According to the Georgia Bureau of Investigation, Twenty-five percent of the drug-related federal sentences in the state are methamphetamine-related and in 2002, the GBI seized nearly 150 clandestine labs making methamphetamine.
To read SB 205 click here Pyrotechnics - On Monday the House passed SB 213 by a vote of 159 - 4. Under the measure, firework displays performed inside would have to be approved by a state fire marshal. The local fire official responsible for the area in question would also have to certify in writing that the site for the display meets his or her approval and is in compliance with all applicable codes. Background Checks - SB 22 passed on Thursday 171 - 0 and authorizes the Georgia Crime Information Center to provide records related to prosecution of first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly persons and was prosecuted for one of a list of specified offenses.

Sexual Offenders Homes' - SB 101, which passed on Monday 169 - 0, makes it a felony for individuals convicted of most sex crimes to reside within 1,000 feet of any child care facility, school, or area where minors congregate. Bicycle Lanes - HR 265 passed on Thursday 118 - 4 and urges the Georgia Department of Transportation to create a network of bicycle lanes throughout the state. To view legislation click here Other Legislation Passed This Week Monday, April 14th - 37th Day of the Session SB 20, A bill to be entitled an Act to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another, so as to prohibit assault with body fluids, saliva, or feces by a person who is infected with HIV or hepatitis against a peace officer or correctional officer; to prescribe penalties for violations; to provide for related matters; to repeal conflicting laws; passed 156 - 7. SB 29, A bill to be entitled an Act to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; to repeal conflicting laws; passed 164 - 0. SB 71, A bill to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; to provide for related matters; to provide an effective date; to repeal conflicting laws; passed 158 - 3. SB 105, A bill to be entitled an Act to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to increase the maximum service charge; to change provisions relating to mailing; to provide for related matters; to repeal conflicting laws; passed 128 - 33. SB 134, A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of water craft, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of vessels and required equipment; to repeal conflicting laws; passed 144 - 17. SB 255, A bill to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, so as to provide a limited exception to the general prohibition against doing business with the state for certain employees of the University System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; passed 141 - 18. Thursday, April 17th - 38th Day of the Session HB 322, A bill 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 change certain provisions relating to cases requiring an application for appeal; to amend Code Section 9-11-56 of the Official Code of Georgia Annotated, relating to summary judgment, so as to conform it to the changes made in Title 5; passed 170 - 0.

HB 495, A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that all real property previously used as an industrial or chemical or landfill site shall be tested for hazardous contamination prior to the construction of any public or private school, recreational facility, or residential community development on such site; to condition the issuance of a construction permit on such testing; passed 105 - 50. SB 156, A bill to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change the definition of insurable interest; to provide notice to employees when an employer purchases life insurance on such employees; to provide an opportunity for such employees to refuse to participate; to change the definition of employee; to provide for related matters; to repeal conflicting laws; passed 158 - 0. SB 187, A bill to be entitled an Act to enact the "Terrorism Prevention Act of 2003"; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to revise a reference to the Organized Crime Prevention Council; to change the name of the Organized Crime Prevention Council; to revise the qualifications of the members on the council; to revise the powers and duties of the council; to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to revise a reference to the Organized Crime Prevention Council; to provide an effective date; to repeal conflicting laws; passed 166 - 0.
SB 211, A bill to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A., relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; to provide for related matters; to repeal conflicting laws; passed 151 - 0. SB 233, A bill to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to delete the requirement that notice to nonresident parties be sent by certified mail; to change procedures regarding an employee cooperation with authorized medical treatment; to provide that the granting or denial of social security disability creates no presumption in the determination of whether or not a case is deemed to be catastrophic; to provide time limitations on the submission of medical bills; to provide for when an employee is entitled to receive permanent partial disability benefits; to place the temporary total benefits maximum at $425.00 per week and to place the minimum at $42.50 per week; to provide for related matters; to repeal conflicting laws; passed 167 - 0. SB 250, A bill to be entitled an Act to amend Code Section 40-3-21 of the Official Code of Georgia Annotated, relating to application for first certificate of title of a vehicle, so as to provide that all such applications shall bear the full legal name and driver license number of the owner; to repeal conflicting laws; passed 132 - 31. SB 258, A bill to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to remove vote recorders as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to provide for the arrangement of polling places where DRE units are used; to prohibit certain persons from

providing assistance in voting; to provide for at least one handicapped accessible DRE unit in each precinct; to provide that the state shall accept the absentee ballot oath promulgated by the Presidential designee in accordance with the Help America Vote Act; to provide for related matters; to repeal conflicting laws; passed 165 - 3. SB 329, A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; passed 167 - 0. Uncontested Resolution Calendar - HR 404, A resolution creating the House Hotel-Motel Tax Study Committee and a citizens advisory council for such committee; HR 530, A resolution creating the House Study Committee on Franchise Fees and the Use of Public Rights of Way; passed 150 - 9. To view legislation click here
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