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Weekly Wrap-up #4 
Back to PIO The House of Representatives reconvened Monday, February 9, 2004 at 1:00 pm for the 14th day of the session. Lawmakers were in recess on Wednesday, February 11th to allow committees to hold meetings. Members have also voted to continue recessing Wednesdays until March 1st. On Thursday, the House took time out to celebrate Georgia's 271st birthday with a brief ceremony featuring a re-enactment of General James Oglethorpe, the state's founder, speaking to Representatives. There are 23 days remaining in the 40 day session. 
Redistricting - On Tuesday a three judge federal panel in Atlanta overturned the state House and state Senate district maps that were drawn during the 2001-2002 legislative sessions. In their decision the judges declared the composition of the districts violated the constitutional principle of one person, one vote, and ordered the General Assembly to redraw the boundaries by March 1st. If new district maps cannot be agreed to by March 1st the court said it would draw an interim political map until the Legislature can complete the job. The ruling is the result of a lawsuit filed by 29 voters against the current district maps. 
Payday Loans - SB 157, the Payday Loan Act of 2004, was adopted on Thursday 150-20 and seeks to rein in payday loan companies who provide fast cash to a customer by securing their next paycheck as collateral. Georgia usury law prohibits loans with interest above 60 percent a year, but many lenders in this business routinely make loans beyond 500 percent interest a year. However, current law says that violating the usury laws constitutes only a misdemeanor making enforcement almost non-existent. The practice has become common across the state. 
Under SB 157 payday lending companies would have to get licensed and adhere to the Industrial Loan Act of 1955. This would subject them to class action suits and prosecution under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Enforcement would be carried out by private attorneys, district attorneys or by the state's Attorney General and the state could tax profits of illegal lenders at a rate of 50%. First offenders would face a misdemeanor of high and aggravated nature and those guilty of four convictions would be sentenced with a felony, and a fine of up to $10,000. 
Used Car Dealers - HB 585 passed on Monday 155-12 and requires used car dealerships to post a $30,000 surety bond to do business, up from the current $20,000 requirement. These bonds could then be used to recover any losses should the dealer fail to meet his or her contractual obligations to an automobile buyer or seller. It also only applies to dealers averaging more than ten cars sold per month and those who sell more than 25 cars monthly would need to secure a bond in the amount of $50,000. The measure is intended to help eliminate unscrupulous dealerships. 
 
 Bullying - HB 1125 was adopted on Thursday 118-52 and attempts to hold down bullying. The measure will require that schools report bullying incidents to the state and set up policies for handling bullies. Students and parents would also be able to report bullies anonymously, and schools could punish anyone caught falsely reporting an incident. HB 1125 also says school personnel must be trained in dealing with bullying and for school systems to provide protection to students from kindergarten through high school. 
GBI - HB 1192 was approved on Tuesday 167-0 and says all divisions of the Georgia Bureau of Investigation, such as the GBI Crime Lab and GBI's Division of Forensic Sciences, cannot be used to endorse products. Current law makes it illegal to use the GBI to endorse products but some have been using names of divisions to get around the ban. 
Raising Worms - HB 1101 was adopted 169-1 on Tuesday and will put vermiculture, which is the growing of earthworms as a crop, into the official agriculture code of Georgia. Making vermiculture a part of the Georgia code will allow those in the profession to get federal crop insurance. Worms are grown on farms and often used as fishing bait. 
Other Legislation Passed this Week 
Monday, February 9th, 2004 - fourteenth day of the Session 
HB 498, A bill to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; passed 167-0. 
HB 1266, A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 31 of the Official Code of Georgia Annotated, relating to health, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise and change certain provisions regarding the Georgia Board for Physician Workforce, the State Medical Education Board, and the Renal Dialysis Advisory Council; to change certain provisions regarding the staff and executive director of the State Medical Education Board; passed 172-1. 
Tuesday, February 10th, 2004 - fifteenth day of the Session 
HB 547, A bill to amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public safety employees who are involved in automobile accidents; passed 164-0. 
 
 HB 736, A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; passed 169-0. 
HB 1089, A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; passed 162-0. 
HB 1137, A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; passed 174-0. 
HB 1254, A bill to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; passed 12146. 
Thursday, February 12th, 2004 - sixteenth day of the Session 
HB 617, A bill to amend Article 7 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to clinical perfusionist licensure, so as to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; passed 162-0. 
HB 1103, A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for notification of impending expiration of covenants regarding such property; passed 166-0. 
HB 1141, A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to revise certain definitions; to revise certain provisions relating to acts which constitute the practice of dentistry; to revise certain provisions relating to conscious sedation; to provide for an additional means to receive a license to practice dentistry; passed 167-4. 
HB 1311, A bill to amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, 
 
 and salespersons and unfair trade practices, so as to provide that the conducting of a real estate closing by a licensee who is not an attorney at law constitutes an unfair trade practice; passed 143-8. 
Friday, February 13th, 2004 - seventeenth day of the Session 
HB 208, A bill to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multipleowner units; to conform proxy requirements to other provisions of the law; passed 91-4. 
HB 210, A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to clarify the relevant date of recording of condominium instruments; to clarify the definition of "unit owner"; to clarify requirements for identifying recorded plats on amendments for expandable condominiums; to clarify requirements for identifying recorded plans on amendments for expandable condominiums; to clarify the classification of pipes and vents; passed 94-2. 
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