February 21-25, 2005 Legislative Week # 7

This Week on the Floor:

Friday, Feb.25

HB 381 - Employees' Retirement; optional retirement allowances; technical corrections - Housekeeping bill that makes technical corrections to eliminate conflicting provisions in Code.

- Authored by Rep. Ben Bridges (R-Cleveland)

- Passed by Retirement Committee

- Rep. Ben Bridges presented this bill on the House floor.

- Floor Amendments: None

- Yeas: 147 Nays: 0

HB 460 - Public retirement systems; compliance with Internal Revenue Code; provisions - so as to make numerous changes throughout said title to ensure that Georgia’s public retirement systems are in compliance with the federal Internal Revenue

- Authored by Rep. Ben Bridges (R-Cleveland)

- Passed by Retirement Committee

- Rep. Ben Bridges presented this bill on the House floor.

- Floor Amendments: None

- Yeas: 147 Nays: 0

HR 142 - Committee on the Implementation of Textile Agreements; request approval of safeguard petitions - A resolution requesting that the Committee on the Implementation of Textile Agreements approve the safeguard petitions filed by the United States textile industry

- Authored by Rep. Richard Smith (R-Columbus)

- Passed by Economic Development & Tourism committee

- Rep. Richard Smith presented this bill on the House floor.

- Floor Amendments: None

- Yeas: 148 Nays: 2

SB 48 - Renal Dialysis Advisory Council; revise; dialysis facilities; eliminate certain provisions - a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council

- Authored by Sen. Preston Smith (R-Rome)

- Rep. Tom Graves (R-Fairmount) presented this bill on the House floor.

- Floor Amendments: None

- Yeas: 151 Nays: 1

SB 82 - Financial Institutions; supplement definitions; personnel policies - Substitute LC34 0226S ; Financial Institutions - Banking Dept. Housekeeping Bill

- Authored by Sen. Bill Hamrick (R-Carrollton)

- Do Pass by Committee Substitute

- Rep. James Mills (R-Gainesville) presented this bill on the House floor.

- Floor Amendments:

- Yeas: 153 Nays: 2

Thursday, Feb.24

HB 416 - Torts; asbestos or silica claims; definitions and provisions - Physical impairment shall be an essential element of an asbestos claim. A limitations period shall be set for filing a claim. Pending claims under certain conditions may be dismissed. Provides for forum non conveniens

- Sponsored by Rep. David Ralston (R-Blue Ridge)

- Passed by Committee Substitute

- Rep. David Ralston presented the bill on the House floor.

- Floor Amendments: None

- Yeas: 151 Nays: 0

HB 281 - Georgia Regional Transportation Authority; amend provisions -This bill gives the Georgia Regional Transportation Authority, GRTA, a sales tax exemption for purchases made by the Authority. It also removed the administrative requirement that required GRTA to be subject to annual certification by the Department of Motor Vehicles.

- Authors: Rep. Vance Smith ( R-Pine Mountain)

- House Bill 281 passed unanimously out of committee by committee substitute.

- Rep. Rep. Vance Smith presented the bill on the House floor.

- Floor Amendments: None

- Yeas: 151 Nays: 1

Wednesday, Feb. 23

SB 34 - Ga. Master Teacher Program; Academic Coach Program; establishment; regulations - An amendment passed making the National Board Certified Teacher portion of the bill applicable for certifications prior to July 1, 2006 and those renewals thereafter. Also, those currently in the pipeline or having enrolled in the process before December 31, 2004 and who obtain initial certification and subsequent renewals after July 1, 2006 will eligible for salary increases. This would allow those who already have National Board Certification and those currently in the process of achieving National Board Certification to remain teaching in the schools in which they are currently employed and do not have to relocated to a school not meeting Adequate Yearly Progress.

- Sponsored by Sen. Dan Moody (R-Alpharetta)

- Brought to the Rules Committee by w/ Committee Substitute

- Rep. Brooks Coleman (R-Duluth)presented the bill to the House

- Floor Amendments:

- AM 33 0246 by Rep. Earl Ehrhart (R-Powder Springs); Adopted by a vote of Y-110: N-59 - amendment will give teachers access to liability insurance currently available to college professors and state employees

- AM 33 0250 by Rep. David Casas (R-Lilburn); Adopted w/out objection

- AM 33 0244 by Rep. Darryl Jordan (D-Riverdale)

- Yeas: 169 Nays: 0

HB 197 - Abortion; Woman's Right to Know Act; enact - re lating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion

- Sponsored by Rep. Sue Burmiester (R-Augusta)

- Passed by H.H.S. Committee Substitute

- Rep. Sue Burmiester presented the bill to the House

- Floor Amendments:

- AM 33 0255 by Rep. Jill Chambers (R-Atlanta); Adopted w/out objection.

- AM 28 0476 by Rep. James Mills (R-Gainesville); withdrawn by sponsor

- AM 29 0334 by Rep. Mary Margaret Oliver (D-Decatur); defeated by a vote of Y-81: N-90

- AM 14 0739 by Rep. Gail Buckner (D-Jonesboro); Adopted w/out objection.

- AM 19 0858 by Rep. Pam Stephenson (D-Lithonia); Defeated by a vote of Y-56: N-117

- Yeas: 139 Nays: 35

HB 384 - Motor fuel tax; additional exemption; limited time period; provisions - Motor Fuel Exemption; This bill provides for a motor fuel sales tax exemption for public mass transit buses that are owned by the state or local government.

- This bill passed out of committee unanimously.

- Sponsored by Rep. Larry O’Neal (R-Warner Robbins)

- Rep. Larry O’Neal presented the bill to the House

- Floor Amendments: None

- Yeas: 146 Nays: 0

Tuesday, Feb. 22

HB 50 - Criminal history background checks; authorize national exchange - This bill will allow authorized non-law enforcement agencies (i.e. – nursing homes) to access the federal criminal record database.

- Sponsored by Rep. Rob Teilhet (D-Atlanta)

- Rep. Rob Teilhet (D-Atlanta)presented the bill to the House

- Floor Amendments: None

- Yeas: 161 Nays: 0

HB 59 - Minimum wage mandates by local governments; change certain provisions - Local governments are using bidder qualifications and evaluation factors to get around bill passed last year - This legislation will close up loophole left by previous bill

- Sponsored by Rep. Earl Ehrhart (R-Powder Springs)

- Rep. Earl Ehrhart (R-Powder Springs) presented the bill to the House

- Floor Amendments: All amendments were sponsored by Rep. Calvin Smyre (D-Columbus): AM 14 0734 defeated by vote of Y-64:N-98; AM 14 0734 was defeated by vote of Y-62:N-99; AM 17 0735 was defeated by vote of Y-60:N-101

-Yeas: 105 Nays: 57

- This Bill was Reconsidered at the beginning of Wednesday’s session, and was again passed by the House

HB 172 - Crime Victims Restitution Act of 2005; enact - substantially revise the laws of this state relating to the conduct of criminal trials and the impact of the criminal justice system on victims of crime; relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by victims of crimes against the persons accused of such crimes; relating to criminal procedure, so as to change the provisions relating to victim impact statements; to amend relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime

- Sponsored by Rep. Rich Golick (R-Smyrna)

- Passed the Committee by committee substitute

- Rep. Rich Golick (R-Smyrna)presented the bill to the House

- Floor Amendments: None

- Yeas: 143 Nays: 29

HB 206 - Assisted living facilities; Levels I and II; provisions - There is a gap in residential long term care for seniors. This legislation’s focus is on quality of life in nursing homes or assisted living homes. This bill will enable seniors with freedom of choice and options for long term care. Legislation is directed exclusively at seniors at facilities that require private payments. It has no effect on Medicaid, etc.

- Sponsored by Rep. Len Walker (R-Loganville)

- Rep. Len Walker (R-Loganville) presented the bill to the House

- Floor Amendments: None

- Yeas: 141 Nays: 22

HB 299 - HOPE scholarships; definitions; quarter or semester hour limitation - (LC 28 2192S) This bill relates to the HOPE scholarship in hopes to ensure its long term existence. The original intent of the scholarship was to allow Georgia students to obtain a bachelor’s degree. The bill sets the number of credit hours at 127 semester hours. It will not affect current students. There are no current time limitations on how long it takes to complete the 127 hours. The bill simply puts a cap on the number of semester hours HOPE will cover.

- Sponsored by Rep. Bill Hembree (R-Douglasville)

- Pass by Committee Substitute

- Rep. Bill Hembree (R-Douglasville) presented the bill to the House

- Floor Amendments: None

- Yeas: 93 Nays: 76

HB 327 - Workers' compensation; electronic documents; injuries; designation; computation - Require the implementation of electronic filing for workers compensation; redefine catastrophic injuries; adjust the weekly compensation cap (increasing it to $450 from $425.)

- Speaking on behalf of the bill was Judge Carolyn Hall, Chairman of the State Board of Workers’ Compensation. Judge Hall explained the main points of the new legislation:

- Presented to committee by Chairman Mike Coan (R-Lawrenceville)

- The Committee voted favorably to pass HB 327 by Committee Substitute.

- Rep. Mike Coan (R-Lawrenceville) presented the bill to the House

- Floor Amendments: None

- Yeas: 155 Nays: 0

HR 237 - House of Representatives; establish redistricting standards – This resolution set forth guidelines, principles, and standards for the House to follow during the redistricting process; these guidelines are to utilized during any and all future redistricting efforts by the House

- Sponsored by Rep. Bobby Franklin (R-Marietta)

- Rep. Bobby Franklin (R-Marietta) presented the bill to the House

- Floor Amendments: Rep. Carolyn Hugley (D-Columbus) introduced a floor amendment that was defeated by a vote of Y-61:N-96; Rep. Barry Fleming (R-Harlem) introduced a floor amendment that was adopted by vote of Y-117:N-41

- Yeas: 99 Nays: 62

HB 22 - Sales and use tax; certain motor vehicle transactions; change tax situs - Changes the Tax Situs for Certain Motor Vehicle Transactions; This bill requires that the taxable situs of a motor vehicle retail sale, or a motor vehicle lease or rental that exceeds thirty days, be the county of the motor vehicle registration of the purchaser or lessee. Current law requires the tax situs to be the point the point of delivery, i.e. the point that transfer of title takes place.

- This bill passed out of committee unanimously by committee substitute.

- Sponsored by Rep. Calvin Hill (R-Woodstock)

- Rep. Calvin Hill (R-Woodstock) presented the bill to the House

- Floor Amendments: None

- Yeas: 155 Nays: 0

HB 203 - Ad valorem tax; exempt farm equipment under lease purchase agreement - Ad Valorem Tax Exemption on Lease Purchase Agreements; This bill expands the ad valorem exemption for farm equipment to include equipment held under a lease purchase agreement. This equipment includes farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, directly used in the production of agricultural products by family owned qualified farm products producers.

- This bill passed out of committee unanimously.

- Sponsored by Rep. Richard Royal (D-Camilla)

- Rep. Richard Royal (D-Camilla) presented the bill to the House

- Floor Amendments: None

- Yeas: 154 Nays: 0

HR 192 - Rules of House; amend Rule 18 - A resolution amending the Rules of the House of Representatives with respect to local legislation

- Sponsored by Rep. Tommy Smith (R-Nicholls)

- Rep. Tommy Smith (R-Nicholls)presented the bill to the House

- Floor Amendments: None

- Yeas: 158 Nays: 0

Monday, Feb. 21

HB 54 - Septic tank waste; regulation and permitting; certain land disposal sites - This bill is meant to clarify a grand fathering provision intended in the original legislation passed in 2002, by explicitly stating that, “…no such approval [of a governing authority in the county in which a site is located] shall be required if such site was in operation as of July 1, 2002…”

- Bill sponsored by Rep. Alan Powell (D-Hartwell)

- Rep. Carl Rogers (R-Gainesville) presented the bill to the House

- Floor Amendments: None

- Yeas: 138 Nays: 9

HB 266 - Chiropractors; board of examiners; additional authority ; to correct language in last year’s legislation regarding disciplinary action taken regarding any licensee advertising violations not defined in the rules of the board.

- Bill sponsored by Rep. Joe Wilkinson (R-Sandy Springs)

- Rep. Joe Wilkson presented the bill to the House

- Floor Amendments: None

- Yeas: 143 Nays: 2

SB 87 - Georgia Seed Law; preempt certain local ordinances; exemptions - This bill comes as a response to counties in other states enacting local ordinances that would ban the planting of genetically modified seed stock. This bill would preempt local governments from enacting ordinances relating to the labeling, packaging, sale, storage, transportation, distribution, notification of use, or use of seeds.

- Sponsored by Sen. John Bulloch (R- Ochlocknee)

- Kemp of the 46th Amends: Adds new code section 2-11-35

- Passed by Committee Substitute

- Rep. Tom McCall (R-Elberton) presented the bill to the House

- Floor Amendments: None

- Yeas: 117 Nays: 36

SB 88 - Georgia Fertilizer Act; preempt certain local ordinances; exemptions - This bill would preempt local governments from enacting ordinances relating to the registration, labeling, packaging, sale, storage, transportation, distribution, use, or application of fertilizer.

- Sponsored by Sen. John Bulloch (R-Ochlocknee)

- Passed by Committee Substitute

- Rep. Tom McCall (R-Elberton) presented the bill to the House

- Floor Amendments:

- Yeas: 130 Nays: 27

* The House is NOT in session on Monday and Tuesday, Feb. 28 – Mar. 1, but will be back in session on Wednesday morning, March 2 at 10:00 AM for its 26 th Legislative Day.

Next Week in the Rules Committee:

The House Rules Committee will NOT meet on Monday and Tuesday Feb. 28-Mar. 1.

The Rules Committee WILL meet on Wednesday, March 2 at 9:00am.

* Bills and Resolutions that are passed by the Rules Committee will not be added to the House Rules/Debate Calendar until the next legislative day.