GEORGIA HOUSE OF REPRESENTATIVES
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Daily Report Number 08
January 29, 2004

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It was a busy day for the Georgia House as lawmakers passed eleven item covering a wide range of issues.

A measure to help poultry farmers was given new life after being on the brink of defeat a week ago. HB 648 fell four votes shy of gaining the majority necessary for passage during its first trip through the House. The bill’s author made a motion to reconsider, which passed, and so the legislation was back on today’s calendar. The bill requires that farmers be given three days in which they could consult with an independent lawyer to assess the fairness and basic merits of the newly proposed contract. HB 648 also stipulates that processors must, upon request, provide the farmer with any statistical information and data used to determine compensation rates paid to the farmer. A vote was called and HB 648 picked up more than enough votes to hold a majority, passing by a count of 111-62. The bill now goes to Senate for consideration. Georgia’s war veterans would also benefit from legislation passed by House members today. HR 614 seeks to establish a Georgia War Veterans Nursing Home Trust Fund. The fund would be paid for using revenues generated from the sale of specialized license plates for Georgia veterans. Former service men and women from all armed forces, including the national guard and reserve units, would be eligible to purchase the special tags. All proceeds would be dedicated to caring for the patients in Georgia’s war veterans nursing homes, and maintaining those facilities. House members have always valued the tremendous sacrifice made by the men and women of the armed services. HR 614 passed by a vote of 172-1.

Blind persons would be added to the list of individuals allowed to park in disabled designated spaces under HB 1176, which passed by a vote of 169-2. The bill would allow for the issuance of a disabled parking permit to blind persons in Georgia. The permit would allow those who provide transportation for the blind person to utilize the special parking spaces while in the company of the permit holder.

The much talked about resolution giving Georgians the constitutional right to hunt and fish also passed the House today. HR 985 proposes a change to the Georgia Constitution which would create a constitutional right to fish and hunt in this state. The new amendment would read as follows: “The tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good.”

The resolution’s authors point out that hunting and fishing generates more than $170 million in state sales and income tax annually, and is responsible for around 50,000 jobs in Georgia. More than the economic impact is the fact that the traditions of hunting and fishing are much a part of this state as Georgia red clay. Preserving that heritage, they contend, is vital to this state’s identity.

Others wonder if such an amendment is even necessary, saying no threat currently exists for law-abiding Georgians who wish to hunt and fish. Even if a fringe organization did try to curb hunting and fishing in Georgia, they note, the sports’ overwhelming popularity would render any such attempt futile. Furthermore, they worry that inventing a “constitutional right to hunt and fish” could lead to a spate of legal suits by lawbreaking hunters claiming an infringement of their constitutional rights. Opponents say amending the state constitution is a very serious step which should only be used where clear need is demonstrated.

Because HR 985 seeks to amend the Georgia Constitution, it needed a 2/3 favorable vote for passage. The final count was 154-14. The resolution now goes to the Senate where another 2/3 majority vote will be required. It would then have to be ratified by a majority of voters in order to include it in the state constitution.

The only other high profile item addressed by the House was HB 373. The measure originated in the House last year and sought to implement guidelines for the seizure of personal property by electric utility companies using Georgia’s eminent domain laws. Currently, electrical power companies within Georgia can exercise their right to condemn, and purchase private property for new power line construction virtually unchecked. Because electricity is a public utility for the common public good, that ability has rarely been questioned. However, the last eighteen months have seen a number of citizens’ groups raising those very questions.

HB 373 passed the House during the 2003 session and originally required electric utility companies to obtain certificates of need from the state Public Service Commission in order to exercise eminent domain rights. Upon receiving the bill, the Senate Regulated Industries and Utilities Committee created a study committee which examined the legislation during the interim. The result was a Senate committee substitute for HB 373 which is somewhat different from the original version.

First, the Senate substitute removed the certificate of need requirement from the legislation. It does, however, order companies to make a good faith attempt at negotiating a settlement without exercising eminent domain and/or the courts system. Situations where an agreement cannot be reached would have to be heard by a court appointee known as a “special master” prior to court involvement. This special hearing could not be scheduled prior to thirty days after intent to exercise eminent domain has been filed in order to allow interested parties to be notified and allowed a chance at participation. The hearing would have to occur within 40 days of initial notice.

Electric utility companies wishing to exercise eminent domain would also be subject to a number of minimal public hearing requirements under the proposed law. First, companies must hold at least one public hearing in each county affected by the proposed electrical power line expansion or construction. Counties containing more than 50 parties affected by the proposed route would require a minimum of two public hearings. These public hearings must be in an easily accessible location, and at least one must be conducted on a business weekday with a starting time of between 6:00 and 7:00 p.m.

The proposal also requires sufficient public notice in the form of publication in the local newspaper for at least 30 days prior to the first meeting to allow all interested parties to attend and provide public input. This notification must include the date, time, and location of the meeting, as well as the proposed route of the expansion project. Any alternate routes considered, and the reasons for choosing the proposed route would also be required.

Finally, the Senate substitute to HB 373 provides some recourse for persons who have forfeited their property to eminent domain, and that property has not been used by the electric utility company. Lower voltage projects would have twelve years to begin construction on seized land, with higher voltage expansions receiving a 15-year window. After the use window has expired, persons owning land on which easements or property rights have been forfeited would have the right to file a written request to reacquire the property. The utility company would then have the option of either releasing the property, or paying additional compensation to the landowner to retain the property rights.

A motion was made to agree with the Senate version of HB 373. The motion passed by a vote of 154-15. The bill now goes to the Governor’s desk to be signed into law.

Other items receiving passage on the House floor today include:

• HB 58 (171-0)– deals with erroneous tax liens. Stipulates that persons who have been put on tax lien status in error could have their names expunged from all records once the matter is settled.
• HB 198 (138-12)– requires local school boards of education to set in place a code of ethics governing its personnel.
• HB 821 (173-0)– would allow municipal recording courts to contract with private probation services.
• HB 1063 (169-0)– allows municipalities to adopt local ordinances governing the use and operation of golf carts on designated cart paths.
• HB 1156 (141-31)– replaces language in Georgia law allowing for Department of Transportation internal affairs investigators.
• HB 1207 (175-0)– appropriations measure authorizing the expenditure of $208 million in FY 2004, and $7 million in FY 2005 from the state shortfall reserve fund to augment those spending proposals.

Georgia House of Representatives
Public Information Office

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