February 28 - March 4, 2005 Legislative Week # 8

This Week on the Floor:

Friday, March 4

HB 84 - Supplemental appropriations; FY 2004-2005 - A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes

- Authored by: Rep. Glenn Richardson (R-Hiram) Speaker of the House

- Co-sponsored by:

Rep. Ben Harbin (R-Evans), House Appropriations Chairman

Rep. Rich Golick (R-Smyrna), Governor’s Floor Leader

Rep. Jerry Keen (R-St. Simons), Majority Leader

- House Version: Passed on Feb. 8, 2005 (LD 14) by vote of Y-165: N-5

- Senate Version: Passed by Substitute on Feb. 17 (LD 20) by vote of Y-39: N-15)

- House disagreed with Senate position, and insisted on its position; Senate did likewise: Conference Committee assigned by House and Senate

- Conference Committee Report:

- Y: 145 N: 19

HB 85 - General appropriations; FY 2005-2006 - A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.

- Authored by: Rep. Glenn Richardson (R-Hiram) Speaker of the House

- Co-sponsored by:

Rep. Ben Harbin (R-Evans), House Appropriations Chairman

Rep. Rich Golick (R-Smyrna), Governor’s Floor Leader

Rep. Jerry Keen (R-St. Simons), Majority Leader

- Rep. Ben Harbin presented the bill to the Committee of Whole House

- Appropriations Committee Substitute: Favorable

- Floor Amendments: None

- Y: 154 N: 14

HB 665 - Public employees; fraud, waste, and abuse; complaints or information - This bill provides whistleblower protection for public employees.The bill would change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state programs and operations.

- Authored by: Rep. Rich Golick (R-Smryna)

- Ethics Committee: Favorable

- Y: 151 N: 7

HB 48 - Ethics in government; amend provisions - relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of State´s office; to provide for penalties; to provide for restrictions on the Governor´s appointment power under certain circumstances

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

- Rep. Rich Golick presented the bill on the House Floor

- Ethics Committee Substitute: Adopted as amended

- Minority Report:

- Amendment by Rep. Wilkinson: technical amendment to language: Adopted

- Y: 163 N: 3

Thursday, March 3

HB 58 - Working Against Recidivism Act; enact - “Working Against Recidivism Act”. This bill allows Georgia to apply for federal certification and state operation of the Prison Industry Enhancement Certification Program (PIE). HB 58 would authorize work programs employing inmates as voluntary, paid labor for privately owned profit-making employers under certain rules and regulations.

- Authored by Rep. Allen Powell (D-Hartwell)

- Rep. Allen Powell presented the bill to the House

- State Institutions & Property Committee Substitute LC 22 5778S/hs - Adopted

- Floor Amendments: AM 22 1119 - Adopted

- Y: 147 N: 13

HB 106 - Sex offender registry; sexually violent offense; redefine - Sex offender registry; sexually violent offense; redefine

- Authored by Rep. Terry Barnard (R-Glennville)

- Rep. Terry Barnard presented the bill to the House

- State Institutions & Property Committee Substitute LC 29 1636ERS/hs; Adopted

- Floor Amendments: None

- Y: 162 N: 0

HB 254 - Courts; establish drug courts division - relating to general provisions of courts, so as to authorize the establishment of drugs courts divisions within certain courts; to provide for assignment of certain cases to a drug court division; to provide for jurisdiction; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize judges to complete a planned program of instruction; to provide for powers and duties of the drug court division; to provide for expenses; to provide for admissibility of certain matters in certain proceedings; to provide for access to certain information and confidentiality; to provide for costs

- Authored by Rep. Tom Knox (R-Cumming)

- Rep. Tom Knox presented the bill to the House

- Non-Civil Judiciary Committee Substitute LC 29 1745S/hs; Adopted

- Floor Amendments: None

- Y: 154 N: 0

HB 340 - Public disclosure of records; donors; postsecondary educational institutions – This bill would allow public colleges and universities to exempt their private donors from the open records act.

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

- Rep. Bill Hembree presented the bill to the House

- Higher Education Committee: Favorable

- Floor Amendments:

- Rep. Porter Amendment defeated (Y-43: N-115)

- AM 1124 defeated (Y-77: N-85)

- Motion to Reconsider AM 1124 passed (Y-88: N-77)

- AM 1124 passes (Y-93: N-70)

- Y: 129 N: 30

- Rep. Bill Hembree made a motion for Immediate Transmittal to the Senate: Motion carried

HB 390 - State Commission on the Efficacy of the Certificate of Need Program; create - relating to state health planning and development, so as to create a State Commission on the Efficacy of the Certificate of Need Program; to provide for legislative intent; to provide for composition of the commission and the commission’s powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report

- Authored by Rep. Austin Scott (R-Tifton)

- Rep. Austin Scott presented the bill to the House

- Health & Human Services Committee LC 33 0770S/hs - Adopted

- Floor Amendments: AM 33 0274 - Adopted

- Y: 151 N: 0

HB 392 - Health care management organizations; quality assessment fee; provisions - relating to indigent and elderly patients, so as to provide for a quality assessment fee on care management organizations to be used to obtain federal financial participation for medical assistance payments; to provide for authority; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of assessment fees; to provide for a method for calculating and collecting the assessment fees; to authorize the Department of Community Health to inspect records of care management organizations; to provide for penalties for failure to pay an assessment fee; to provide for the collection of assessment fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments

- Authored by Rep. Jeff Brown (R-LaGrange)

- Rep. Jeff Brown presented the bill to the House

- Appropriations Committee: Favorable

- Floor Amendments: None

- Y: 143 N: 22

HB 394 - Disabled adults and elder persons; protective services; discharge and transfer from facilities - Legislation will amend GA Code Section 30-5 to transfer authority over Adult Protective Services to the Division of Aging. This will be beneficial to everyone, especially adults because of the greater number of experts available through the Division of Aging.

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

- Rep. Len Walker presented the bill to the House

- Human Relations Committee: Favorable

- Floor Amendments: None

- Y: 143 N: 0

HB 440 - Georgia veterans cemeteries; interment; remove residency requirement - removes residency requirement for Georgia Veterans eligible for interment in a veterans cemetery (to conform with federal law)

- Authored by Rep. John Yates (R-Griffin)

- Rep. John Yates presented the bill to the House

- Defense & Veterans Affairs Committee: Favorable

- Floor Amendments: None

- Y: 148 N: 0

HB 496 - Dams; locations and information; DNR provide to superior court clerks - This bill would require the director of the Georgia Environmental Protection Division to supply information about Category I and Category II dams to the clerk of the superior court of each county. The information shall include the exact location of the dam, and the owner’s name and address. The clerk of the superior court shall maintain the information in an easily accessible location near the county’s land records. The director is to supply this information not later than December 31, 2005, and annually thereafter.

- Authored by Rep. Lynn Smith (R-Newnan)

- Rep. Lynn Smith presented the bill to the House

- Natural Resources & Environment Committee: Favorable

- Committee Substitute: Adopted

- Floor Amendments: Franklin Amendment: Adopted

- Y: 157 N: 0

HR 92 - Joint LNG and Natural Gas Infrastructure Study Committee; create - Create Joint House and Senate study committee on Liquid Natural Gas (LNG) and Natural Gas Infrastructure

- Authored by Rep. Mark Burkhalter (R-Alpharetta)

- Rep. Mark Burkhalter presented the bill to the House

- Public Utilities & Telecommunications Committee: Favorable

- Floor Amendments: None

- Y: 154 N: 0

HB 116 - Ad valorem tax of property; change definitions - Subject: Homeowner’s Tax Relief Grant; Code Section: 36-89-1; This bill freezes the special tax districts that are eligible for the Homeowner’s Tax Relief Grant credit to those which were in effect as of the date of submission of each county’s 2004 ad valorem digest certified and submitted to the Revenue Commission on or before December 31, 2004.

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

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

- Ways & Means Committee Substitute LC 18 4268S/hs - Adopted

- Floor Amendments: None

- Y: 150 N: 0

HB 211 - Ad valorem tax; aircraft held in inventory; exclude - Subject: Ad Valorem Tax Exemption for Aircraft Held in Inventory for Resale; Code: 48-5-504.20; This bill exempts aircraft which is owned by a dealer and held in inventory for sale or resale from ad valorem taxation. Aircraft is defined as any vehicle which is self-propelled and capable of flight and dealer is defined as any person engaged in the business of selling aircraft at retail.

- Authored by Rep. John Heard (R-Lawrenceville)

- Rep. John Heard presented the bill to the House

- Ways & Means Committee: Favorable

- Floor Amendments: None

- Y: 136 N: 6

HB 487 - Sales tax exemption; electricity sales for crop irrigation; amend - This bill grants a sales tax exemption for electricity or fuel used for the operation of irrigation systems used on a farm exclusively for the irrigation of farm crops. This exemption sunsets on June 30, 2007.

- Authored by Rep. Jay Roberts (R-Ocilla)

- Rep. Jay Roberts presented the bill to the House

- Ways & Means Committee Substitute LC 18 4209S/hs - Adopted

- Floor Amendments: None

- Y: 155 N: 0

Wednesday, March 2

HB 183 - State employees; payroll deductions; certain non-profit organizations; include corrections officers - relating to government employees´ payroll deductions for certain not for profit organizations, so as to provide for deductions for certain additional types of organizations and by certain additional types of employees

- Sponsored by Rep. Terry Barnard (R-Glennville)

- Rep. Barnard presented the bill to the House

- State Institutions & Property Committee

- Floor Amendments: None

- Y: 150 N: 1

HB 207 - Plumbing; licensure requirements; this legislation simply allows licensed septic tank installer to run the line making a connection between any on-site waste-water system to the existing structure (home/building).

- Authored by Rep. Carl Rogers (R-Gainesville)

- Rep. Rogers presented the bill to the House

- Regulated Industries Committee Substitute # LC 19 6505S/hs : Adopted as amended

- Floor Amendments: Amendment: by Rep. Rogers: Adopted

- Y: 161 N: 0

HB 240 - Law enforcement officer or firefighter; temporary disability; filing claim - This bill extends the time within which law enforcement officers or firefighters must file an application for compensation with respect to a claim for temporary disability. The filing period is extended from thirty days to sixty days. This would retroactively allow persons who failed to claim within the specified time to do so for claims arising since July 1, 2001.

- Authored by Rep. Burke Day ( R-Tybee Island)

- Rep. Day presented the bill to the House

- Public Safety Committee Substitute LC 9 1660S/hs: Adopted

- Floor Amendments: None

- Y: 157 N: 0

HB 279 - Highways; vehicles hauling certain products; weight limitation variance - This legislation allows farmers to haul farm products within a 100 mile radius from point of origin and with a variance on the weight of product of 5%.

- Amends 32-6-26(g) Relating to weight of vehicles hauling forest, agricultural, or farm products, this legislation states that before law enforcement issues a violation citation, the violator is given a 5 percent variance on the weight of product they are carrying within a 100 mile radius of the farm or point of origin.

- Authored by Rep. Johnny Floyd (R-Cordele)

- Rep. Floyd presented the bill to the House

- Transportation Committee Substitute LC 34 0287S/hs : Adopted

- Floor Amendments: None

- Y: 139 N: 4

HB 301 - Fishing; authorize taking by hand under certain conditions - This bill would make it legal to spearfish for channel and flathead catfish in the Savannah River only. Currently, residents of South Carolina are allowed to spearfish in the Savannah River, and it presents an enforcement problem to keep up with those who are legally allowed to spearfish and those who are not. This would make it legal to spearfish ONLY in the Savannah River and sets forth conditions by which fish may be legally taken with spears. This bill also makes it legal to take fish by hand, also known as ‘grabbling’ or ‘noodling’, and sets forth conditions by which fish may be legally taken by hand.

- Authored by Rep. Pete Warren (D-Augusta)

- Rep. Warren presented the bill to the House

- Game, Fish & Parks Committee

- Floor Amendments: None

- Y: 161 N: 0

HB 309 - Code Titles 31, 44, and 49; conform references to House and Senate committee names - relating to the duties of the Advisory Board on Anatomical Gift Procurement, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct the names of committees of the General Assembly

- Authored by Rep. Ron Forster (R-Ringgold)

- Rep. Forster presented the bill to the House

- Health & Human Services Committee

- Floor Amendments: None

- Y: 156 N: 0

HB 406 - Trusts; allocation of principal and income; amend provisions - relating to allocation of principal and income, so as to change provisions relating to the duty of the trustee as to receipts and expenditures; to provide for general principles relating to the allocation of principal and income; to provide for the discretionary power of a trustee to adjust the trust receipts between principal and income; to provide for requirements and prohibitions in adjustments; to provide for the criteria and procedure for conversion to a unitrust; to provide for judicially approved conversion; to provide for requirements and prohibitions in conversions;

- Authored by Rep. Wendell Willard (R-Atlanta)

- Rep. Willard presented the bill to the House

- Civil Judiciary Committee Substitute LC 29 1719S/hs : Adopted

- Floor Amendments: None

- Y: 152 N: 4

HB 444 - Professional engineers and land surveyors; change certification requirements - This legislation represents a joint effort between the engineering and land surveying community to begin the requirement of a 4 (four) year degree for licensure as either a professional engineer or land surveyor.

- Authored by Rep. David Graves (R-Macon)

- Rep. Graves presented the bill to the House

- Regulated Industries Committee

- Floor Amendments: None

- Y: 147 N: 11

HB 459 - Employees' Retirement; disability retirement and allowance; amend provisions - relating to the Employees´ Retirement System of Georgia, so as to provide that a member of such retirement system seeking a disability retirement shall make written application to the board of trustees; to provide that the board of trustees may request relevant information from a disability beneficiary; to provide a penalty for failure to provide such information; to provide for a reduction in disability allowance if the disability beneficiary is found to be earning more than the difference between the disability allowance and the earnable compensation used to calculate such allowance

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

- Rep. Bridges presented the bill to the House

- Retirement Committee Substitute LC 21 8210S/hs : Adopted

- Floor Amendments: None

- Y: 151 N: 0

HB 467 - Food service establishments; Department of Human Resources establish grading sheet - relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, so as to require additional standards on certain matters

- Authored by Rep. John Heard (R-Lawrenceville)

- Rep. Heard presented the bill to the House

- Health & Human Services Committee Substitute LC 33 0769S/hs : Adopted

- Floor Amendments: None

- Y: 160 N: 0

HB 570 - Interlocal Cooperation Act; enact - relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements

- Authored by Rep. Martin Scott (R-Rossville)

- Rep. Scott presented the bill to the House

- Interstate Cooperation Committee Substitute LC 18 4251S/hs : Adopted as amended

- Floor Amendments: Committee Substitute amendment adopted

- Y: 158 N: 2

SB 125 - Economic Development; state-wide tourism marketing; Music Hall of Fame Authority; board appointment - relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority

- Authored by Sen. Jeff Mullis (R-Chickamauga)

- Rep. Vance Smith ( R-Pine Mountain) presented the bill to the House

- Economic Development & Tourism Committee Substitute LC 14 9123-ECS/hss:

Adopted

- Floor Amendments: None

- Y: 147 N: 1

Tuesday, March 1

House was not in Session

Monday, February 28

House was not in Session

* The House is NOT in session on Monday, Tuesday, or Wednesday of next week, but will be back in session on Thursday morning, March 10 at 10:00 AM for its 29 th Legislative Day.

Next Week in the Rules Committee:

Thursday, March 10 Legislative Day 29 9:00 AM

Friday, March 11 Legislative Day 30 8:00 AM

Saturday, March 12 Legislative Day 31 9:00 AM

* 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.

Next Week’s Committee Meetings Schedule