House Information Office Room 505, Legislative Office Building Atlanta, Georgia 30334 404-656-5082 1-800-282-5800 Weekly Wrap-up #5 The House went back into session at 1:00 p.m. on Monday, February 16th for the 18th legislative day of the 2004 session. Originally, House lawmakers had planned on being in recess on Wednesday but the Senate failed to pass the resolution calling for the one day break every week through March 1st, which would have given committees more time to conduct important business. Wednesday was also the 20th day of the session marking the halfway point. There are 18 days remaining in the 40 day session. Former House Speaker Tom Murphy - House members took time out on Monday with a prayer for former House Speaker Tom Murphy who a suffered a stroke over the weekend and is recovering at Piedmont Hospital in Atlanta. First elected to the legislature in 1961, the Bremen, Georgia native was Speaker from 1974-2002. Until his departure from the legislature he was the longest serving state house speaker in the nation. Supplemental Budget - The House passed HB 1180 on Wednesday 102-68. This is the $16.2 billion amended 2004 state budget for the current fiscal year that ends June 30th. Despite the current economic crunch, House lawmakers were able to shift some money to priority areas such as public safety, heathcare, and education. Highlights include: $575,000 for the State Patrol to continue midnight shifts at all posts; an additional $1.3 million to the Medicaid program to cover adult dental services; an additional $1.5 million to keep the Department of Motor Vehicle Safety's travel teams program in operation; an additional $1.7 million to the Department of Corrections to eliminate two days of employee furloughs for non-security personnel; $6.5 million in bonds for new facilities at the Georgia Ports Authority; $14.6 million in bonds for projects at state universities; $17 million in bonds for technical college expansion projects; $20 million in bonds for water and sewer loans to local governments through the Georgia Environmental Facilities Authority; and $45 in bonds million for the Governor's Road Improvement Program (GRIP) to build highways in rural areas. Motor Fuel Tax - HB 1295 was approved on Thursday 152-1. The measure transfers 1 percent of the 4 percent on the dollar motor fuel tax that is now going to general fund, to the Department of Transportation, which would result in the agency receiving approximately $70 million more annually. HB 1295 is also specific about how this fourth penny would be spent saying seventyfive percent of these funds, approximately $50 million per year, would be used solely to fund the Local Assistance Road Program (LARP), which helps counties and cities with local road paving and improvement projects. The other 25 percent could be used by the DOT to pay for special needs which arise throughout the year. It also says the allocation of 85 percent of what the DOT has earmarked for highway construction must be equally divided between Georgia's thirteen congressional districts and allows the DOT to exempt the funds spent on interstate highway projects from the pot of money that is divided up among the districts. The bill does not increase the Motor Fuel Tax in any way. Georgia has the second lowest Motor fuel tax in the country. Hotel/Motel Tax Oversight - HB 1415 passed 118-1 on Tuesday and requires the state's auditor to audit local governments who have a hotel/motel tax to see if they are spending 40 percent of the revenue gained, which is required under the law, for promoting tourism. Many local governments charge an excise tax of 5 or 6 percent on hotel or motel rooms but have not been spending the revenue elsewhere. The measure also calls for the creation of an 11-member Hotel Motel Tax Performance Review Board to investigate complaints that local governments aren't spending the tax revenues as spelled out by state law and the state revenue commissioner would have the authority to stop a local government's ability to impose the tax. Guide Dogs - HB 211 passed on Thursday 162-1 and seeks to protect assistance dogs, and the humans they help, from harassment or injury. HB 211 would make it a misdemeanor for anyone to intentionally harass a known assistance dog, or to allow their dog to harass such an animal. Those guilty could face at least 90 days in jail, a fine of up to $500, or both and repeat offenses would be considered misdemeanors of a high and aggravated nature, which could carry more prison time, and up to $10,000 in fines. Purchasing Properties - On Monday the House adopted HB 1170 by a vote of 132-36. The proposal seeks to provide protections from those who make bulk purchases of properties at tax sales by requiring persons who purchase more than 20 properties in a calendar year to maintain a office within the state where people could make inquiries about the redemption of their property. A quitclaim deed to the original property owner would also have to be provided by the purchasers within 15 days after the property is redeemed. Police Officer Benefits - HB 1027 was adopted on Monday 162-3 and allows police officers who were employed before 1976 to buy back time into the Peace Officers Annuity and Benefits fund. The cost would be $10 for every month of service an officer wants to buy back and the fund would be opened from July 1st to December 31st. There are approximately 2,500 officers eligible for the fund. Protecting Seniors - HB 1250 passed on Wednesday 150-7 and creates a nine-member senior protection advisory council that would be overseen by the Georgia Attorney General's Office. The council would be made up of volunteers and chaired by the Attorney General and would educate the public about scams targeting senior citizens. Other Legislation Passed this Week Monday, February 16th, 2004 - 18th day of the Session HB 480, A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service may obtain creditable service by paying the full actuarial value of such service; passed 164-0. HB 1174, A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and mobile homes; passed 1651. HB 1234, A bill to amend Code Section 26-2-411 of the Official Code of Georgia Annotated, relating to licensing and inspection of mobile meat, poultry, or seafood sale vehicles, so as to change a license expiration date; passed 166-0. HB 1238, A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; passed 168-0. HB 1278, A bill to amend Code Section 34-9-226 of the Official Code of Georgia Annotated, relating to the appointment of a guardian for a minor or incompetent claimant entitled to workers' compensation benefits, so as to provide that such a guardian may be appointed by a court other that the probate court; passed 168-0. HB 1303, A bill to amend code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; passed 165-0. Tuesday, February 17th, 2004 - 19th day of the Session HB 753, A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that an assistant district attorney who is a member of the Employees' Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for such service; passed 120-0. HB 886, A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide certain conditions on the receipt by airports of state financial assistance; to provide for the repayment of future state assistance if an airport ceases operations within a certain period of time; to provide for public hearings with respect to closing of airports which have received state financial assistance; passed 96-33. HB 1155, A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for certain penalties for drivers who commit right of way violations resulting in collisions with motorcyclists, pedestrians, or bicyclists; passed 122-5. HB 1195, A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to revise the "Georgia Prompt Pay Act" which provides for timely payment of contractors and subcontractors in connection with real property improvements; to provide for the application of said Act to persons providing professional services in connection with improvements; passed 109-4. HB 1239, A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refunds; passed 117-0. HB 1320, A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide for annual reports on the fiscal condition of the state employees' health insurance plan and on proposed schedule of premiums, deductibles, and employee cost sharing; passed 116-0. Wednesday, February 18, 2004 - 20th day of the Session HB 300, A bill to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system; to provide that any person making such election may obtain creditable service for prior service by paying all employer and employee contributions with interest; passed 147-6. HB 1248, A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; passed 162-0. HB 1253, A bill to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; passed 160-0. HB 1331, A bill to amend Code Section 15-11-79.2 of the Official Code of Georgia Annotated, relating to sealing of records, grounds, notice and hearing, the effect of an order, and limitations on issuing orders, so as to change provisions relating to mandatory sealing of records under certain circumstances; passed 161-0. HB 1409, A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; passed 160-2. Thursday, February 19, 2004 - 21st day of the Session HB 79, A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for an exception to the prohibition against sales to a county school board by a member; passed 157-5. HR 1190, A resolution commending John Pelham and designating the John Pelham Memorial Parkway; passed 162-0. HB 1310, A bill to amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; passed 162-0. HB 1359, A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; passed 154-10. HB 1391, A bill to amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; passed 165-0. Friday, February 20th - 22nd day of the Session HB 1107, A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; passed 145-1. HB 1147, A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; passed 139-1. HR 1193, A resolution amending the Rules of the House of Representatives; passed 131-18. Uncontested Resolution Calendar: HR 398, A resolution to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; HR 1191, A resolution designating the Purple Heart Highway; passed 142-0. Georgia House of Representatives Public Information Office