March 7 - March 12, 2005 Legislative Week # 9

T HIS W EEK ON THE F LOOR:

Saturday, March 12

HB 25 - Board of regents; school or institution closing; repeal power of Governor - Repeals a provision which grants the Governor the power to close any school or institution under the control of the board of regents.

- Authored by: Rep. Tyrone Brooks (D-Atlanta)

- Judiciary Committee: Favorable

- Rep. Brooks presented the bill to the House

- Floor Amendments: None

- Y: 152 N: 0

HB 26 - Governor's authority to suspend compulsory attendance laws; repeal provisions - Repeals a provision authorizing the Governor to suspend compulsory attendance because of a riot, insurrection, public disorder, disturbance of the peace, natural calamity, or disaster.

- Authored by: Rep. Tyrone Brooks (D-Atlanta)

- Judiciary Committee: Favorable

- Rep. Brooks presented the bill to the House

- Floor Amendments: None

- Y: 152 N: 0

HB 27 - Elementary and secondary education; grants; repeal provisions - Repeals Article 14, relating to education grants, and designates said article as reserved.

- Authored by: Rep. Tyrone Brooks (D-Atlanta)

- Judiciary Committee Substitute: LC 29 1705S/hcs

- Rep. Brooks presented the bill to the House

- Floor Amendments: None

- Y: 153 N: 0

HB 372 - Georgia Education Authority (schools); private schools lease public property; prohibit – This bill removes a provision which allows the Georgia Education Authority (schools) to lease public property to private schools.

- Authored by Rep. Mike Coan (R-Lawrenceville)

- Education Committee

- Rep. Coan presented the bill to the House

- Floor Amendments: None

- Y: 153 N: 0

HB 373 - Teachers Retirement System; members of local funds; nonsectarian schools - Removes old “Jim Crow” law from the Code. The bill repeals a provision that allows any teacher or school employee who is employed in a public school and covered by a local retirement system to continue membership in the local system if they become employed in a nonsectarian private school in Georgia.

- Authored by: Rep. Tyrone Brooks (D-Atlanta)

- Retirement Committee: Favorable

- Rep. Brooks presented the bill to the House

- Floor Amendments: None

- Y: 151 N: 0

HB 556 - Georgia Public Revenue Code; repeal certain statutes and provisions - Repeals Obsolete Statutes Relating to Taxation and Revenue. This bill repeals the following code provisions: standards for bound tax digests; separate assessment and appeal for property for school property tax purposes; adjustment of Georgia taxable net income due to federal tax treatment of capital gains; and required questions about intangible taxes on income tax returns.

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

- Ways & Means Committee: Favorable

- Floor Amendments: None

- Y: 148 N: 0

HB 557 - County police; inspection of road and bridges; repeal - This bill would repeal O.C.G.A. 36-8-6, relating to duties of county police with respect to inspection of roads and bridges.

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

- Public Safety Committee

- Rep. Burke Day presented the bill to the House

- Floor Amendments: None

- Y: 144 N: 0

HB 558 - Alcoholic beverages; counterfeiting, forging, or reuse of tax stamps; repeal provisions - This legislation repeals Georgia Code Section 3-3-28 in its entirety. The Georgia Department of Revenue has not used “tax stamps” for over 10 years.

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

- Regulated Industries Committee: Do Pass

- Floor Amendments: None

- Y: 147 N: 0

HB 577 - Drivers' licenses; provide for destruction of certain fingerprint records; prohibit requirement - Provides for the destruction of certain fingerprint records; Prohibits the requirement of fingerprinting and similar identification of applicants for drivers´ licenses and identification cards

- Authored by: Rep. Barry Loudermilk (R-Cassville)

- Motor Vehicles Committee Substitute: LC 34 0357S/hs

- Rep. Loudermilk presented the bill to the House

- Floor Amendments: None

- Y: 118 N: 33

HB 622 - Telegraph companies; dispatch or message deliveries; repeal certain provision - Provisions are made relating to the duty of telegraph companies to deliver dispatches or messages to persons residing within a certain proximity. Code is no longer necessary and needed to be taken off the books.

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

- Public Utilites & Transportation Committee: Favorable

- Rep. James Mills presented the bill to the House

- Floor Amendments: None

- Y: 143 N: 0

HR 113 - U. S. Senators from Georgia; support repeal of excise tax on telecommunications - Urges U.S. Senators from Georgia to Repeal Federal Excise Tax on Telecommunications - This resolution urges U.S. Senators from Georgia to repeal the federal excise tax on telecommunications.

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

- Ways & Means Committee: Favorable

- Rep. Forster presented the bill to the House

- Floor Amendments: None

- Y: 147 N: 1

Friday, March 11

D EBATE C ALENDAR

HB 153 - Voluntary Contributions Act; enact - This bill would place certain limitations on labor organizations with regard to the funding for certain political activities (Political Action Committees). Provides for the use of separate, segregated funds for political activity expenditures. This bill would make it optional for individuals to contribute to political action committees, separate from their labor organization dues.

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

- Industrial Relations Committee: Substitute Failed

- Rep. Forster presented the bill to the House

- Floor Amendments: Rep. Dukes Floor Substitute - failed

- Y: 77 N: 87

- Bill was tabled because the House failed to adopt the committee substitute, and failed to adopt the floor amendment.

HB 216 - Pseudoephedrine sales; limitations and restrictions - relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain precursor chemicals; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations regarding precursor chemicals and licenses and permits; to provide for licensing and permitting of persons who sell, transfer, manufacture, purchase for resale, or otherwise furnish or possess precursor chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties.

- Authored by: Rep. Jay Neal (R-LaFayette)

- Judiciary-NonCivil Committee Substitute: LC 28 2396S/hs

- Rep. Neal presented the bill to the House

- Floor Amendments: None

- Y: 156 N: 1

HB 236 - Theft; certain services or property knowingly obtained by deception - relating to theft, so as to provide that a rebuttable presumption that services, accommodations, entertainment, or the use of personal property which is available only for compensation was knowingly obtained by deception and with intent to avoid payment shall arise upon a showing that the person obtaining such services, accommodations, entertainment, or the use of personal property used false identification, provided false information on a written contract, made any payment with an insufficient check, or returned any personal property to a place or at a time other than as agreed upon;

- Authored by Rep. Bob Lane (R-Statesboro)

- Non-Civil Judiciary Committee

- Rep. Lane presented the bill to the House

- Floor Amendments: None

- Y: 147 N: 0

HB 275 - State employees; certain deferred compensation plans; transfer administration - Bill relates to the state employees’ insurance and benefits plans by establishing the successor from the State Personnel Board to the Board of Trustees of the Employees’ Retirement System of Georgia. This is for the purpose of administering any defined compensation plan. With approval the following can participate in the state plan: - employees of the county boards of health receiving financial assistance from the Department of Human Resources to participate in the state plan - employees of county and independent school systems - employees of the Lake Allatoona Preservation Authority- Georgia Federal-State Shipping Point Inspection Service- Georgia Firefighters Pension Fund

- Authored by: Rep. Jim Cole (R-Forsyth)

- Insurance Committee: Favorable

- Rep. Cole presented the bill to the House

- Floor Amendments: None

- Y: 152 N: 4

HB 291 - Insurance; amend Code Chapters 20A, 27, 29, and 30 - This bill removes the requirement for deductible carryover in products purchased to take advantage of federal tax favored programs like Health Savings Accounts (HSAs). Authorizes a new form of delivery of medicine within health benefit plans in Georgia…”Georgia Telemedicine Act”

- Authored by Rep. Rogers (R-Gainesville)

- Insurance Committee Substitute: LC 28 2263S/hs

- Rep. Rogers presented the bill to the House

- Floor Amendments: None

- Y: 149 N: 0

HB 353 - Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act; enact - This legislation addresses the “Industrial Hygiene, Health Physics and Safety Profession Recognition and Title Protection Act”. It is established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, examination and maintenance requirements.

- Authored by Rep. Ron Dodson ( D-Lake City)

- Regulated Industries Committee: Favorable

- Rep. Dodson presented the bill to the House

- Floor Amendments: None

- Y: 124 N: 9

HB 355 - Class Nine Fire Department Pension Fund; secretary-treasurer renamed executive director - relating to the Georgia Class Nine Fire Department Pension Fund, so as to change references to the secretary-treasurer of the fund to read executive director of the fund

- Authored by: Rep. Bill Cummings (D-Rockmart)

- Retirement Committee Substitute: LC 21 8223S/hs

- Rep. Cummings presented the bill to the House

- Floor Amendments: None

- Y: 151 N: 0

HB 366 - Indigents; legal defense; amend certain provisions - Georgia Public Defender Standards Council; opt-out provision

- Authored by: Rep. Jack Murphy (R-Cumming)

- Judiciary-NonCivil Committee Substitute: LC 29 1744S/hs

- Rep. Murphy presented the bill to the House

- Floor Amendments: None

- Y: 157 N: 5

HB 404 - Unemployment due to military reassignment of spouse; allow benefits - the proposed legislation would provide that leaving an employer voluntarily, because of the transfer of a spouse from one military assignment to another, shall not disqualify a person from unemployment benefits.

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

- Defense & Veterans Affairs Committee: Favorable

- Rep. Yates presented the bill to the House

- Floor Amendments: None

- Y: 160 N: 0

HB 407 - Insurance; administrators; agents; insolvency pool; definitions and provisions - so as to authorize the Commissioner to place administrators on probation and to provide penalties against administrators for certain violations; to provide for certain additional regulations of nonresident representatives who represent life insurers in certain military installations; to provide certain definitions; to provide for certain disclosures by counselors; to provide for certain exceptions; to provide for certain licensing for third party administrators; to provide certain procedures and standards for approval or rejection of such licenses; to provide for probationary licenses; to provide for certain bonds and insurance for administrators; to require administrators to be subject to certain examinations; to revise the provisions of law concerning the Georgia Insurers Insolvency Pool

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

- Insurance Committee: Favorable

- Rep. Golick presented the bill to the House

- Floor Amendments: None

- Y: 162 N: 0

HB 418 - Insurance; electronic notice of cancellation of policies to lienholders – Electronic transmittal of cancellation of insurance policies to lienholders. Bill also allows for transmittal by facsimile.

- Authored by: Rep. Howard Maxwell (R-Dallas)

- Insurance Committee: Favorable

- Rep. Maxwell presented the bill to the House

- Floor Amendments: None

- Y: N:

HB 420 - National Infantry Museum property; Columbus-Muscogee County; cession of concurrent jurisdiction to the United States - relating to the jurisdiction of the State of Georgia, so as to provide for the cession of concurrent jurisdiction to the United States over certain lands within the state used for the National Infantry Museum; to provide for terms and conditions

- Authored by: Rep. Calvin Smyre (D-Columbus)

- State Institutions & Property Committee: Favorable

- Rep. Smyre presented the bill to the House

- Floor Amendments: None

- Y: 150 N: 1

HB 438 - Georgia War Veterans Nursing Homes; executive directors; appointment - changes the method of appointment of the executive director of the veterans’ homes

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

- Defense & Veterans Affairs Committee: Favorable

- Rep. Yates presented the bill to the House

- Floor Amendments: None

- Y: 159 N: 0

HB 492 - Judicial Retirement System; dates and election for participation; amend - Bill provides that as of July 1, 2005, membership to the Judicial Retirement System will be closed to persons who become employed by the Office of Legislative Counsel or the Attorney General’s Office in a full-time position requiring admission to the State Bar of Georgia as a condition of employment. After July 1, 2005, persons in those positions will become members of ERS.

- Authored by: Rep. Bill Cummings (D-Rockmart)

- Retirement Committee Substitute: LC 21 8252S/hs

- Rep. Cummings presented the bill to the House

- Floor Amendments: None

- Y: 154 N: 0

HB 495 - Teachers Retirement; reemployment of retired teachers - Bill authorizes members who retired on or before December 31, 2003 to continue receiving benefits if they return to full-time service in any position covered under the Teachers Retirement System.

- Authored by: Rep. Brooks Coleman (R-Duluth)

- Retirement Committee Substitute: LC 21 8282S/hs

- Rep. Coleman presented the bill to the House

- Floor Amendments: None

- Y: 147 N: 0

HB 520 - Employment security; amend certain provisions; Department of Labor; supplemental appropriation - so as to provide a change to the definition of the term "employment"; to identify certain business acquisitions with respect to which the succession of experience tax rates shall not be permitted and to impose civil and criminal penalties with regard thereto; to extend suspension of adjustments based upon the State-wide Reserve Ratio for the calendar year 2006 and to provide for a reduced adjustment in contribution rates through December 31, 2006; to continue provisions relating to administrative assessments; to provide for a change in the weekly benefit amount over a two-year period; to provide for the Department of Labor a supplemental appropriation

- Speaking on behalf of the bill was Department of Labor Commissioner Michael Thurmond, along with several of the Commissioner’s colleagues.

- Authored by: Rep. Mike Coan (R-Lawrenceville)

- Industrial Relations Committee Substitute: LC 19 6528S/hs

- Rep. Coan presented the bill to the House

- Floor Amendments: None

- Y: 131 N: 0

HB 530 - Transportation, Department of; design-build contracts - Amends 32-2-81 This legislation addresses the Dept. of Transportation’s power to contract, and revises the criteria for design-build contracts entered into by the Department. It spells out procedures for administering design-build contracts, and lists the qualifications from which the department will determine qualified firms. The department will be limited to contracting for no more than 15%of the total amount of construction projects awarded in the previous fiscal year.

- Authored by: Rep. Vance Smith ( R-Pine Mountain)

- Transportation Committee: Favorable

- Rep. Smith presented the bill to the House

- Floor Amendments: None

- Y: 163 N: 0

HB 543 - Education; local boards; allow certain donations of sick leave - The bill would allow local boards of education to allow an employee of a local board to donate up to 10 sick leave days to his/her spouse if the spouse is also an employee of the local board for purposes of maternity leave, or illness, or illness or death of a family member.

- Authored by: Rep. David Casas (R-Lilburn)

- Education Committee Substitute: LC 33 0841S/hs

- Rep. Casas presented the bill to the House

- Floor Amendments: None

- Y: 139 N: 9

HB 553 - Education degree programs; professional associations not a condition of enrollment - The bill relates to students within the University System of Georgia and would ensure that students in an education degree program would not be required to join a professional association as a condition of enrollment in that degree program. There was some discussion amongst the committee about liability insurance for those student teachers. The committee was assured that SB 34, if passed, will provide that liability insurance for student teachers.

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

- Higher Education Committee: Favorable

- Rep. Hembree presented the bill to the House

- Floor Amendments: None

- Y: 129 N: 18

HB 613 - Drivers' licenses; bioptic drivers; change renewal period - This bill changes the renewal period of licenses for bioptic drivers from two to four years. Eliminates the need for a road test upon renewal

- Authored by: Rep. Don Wix (D-Mableton)

- Motor Vehicles Committee: Favorable

- Rep. Wix presented the bill to the House

- Floor Amendments: None

- Y: 135 N: 12

HB 643 - Long-Term Care Partnership Program; establish - relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations

- Authored by: Rep. Donna Sheldon (R-Dacula)

- Human Relations & Aging Committee Substitute: LC 28 2395S/hs

- Rep. Sheldon presented the bill to the House

- Floor Amendments: None

- Y: 149 N: 0

HB 678 - Private schools; prayer at athletic events; public school participation - relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that state law shall not prohibit a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide that athletic teams from public schools shall not be prohibited from participating in an athletic event held on the campus of a private school in this state for the reason that the hosting private school conducts a prayer prior to such athletic event; to provide that public schools shall not participate in interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits or discourages a private school from conducting a prayer prior to an athletic event held on the campus of the private school

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

- Government Affairs Committee: Favorable

- Rep. Burkhalter presented the bill to the House

- Floor Amendments: None

- Y: 149 N: 10

HR 50 - Joint Agricultural Education Study Committee; create - A resolution creating the Joint Agricultural Education Study Committee

- Authored by: Rep. Terry England (R-Auburn)

- Education Committee: Favorable

- Rep. England presented the bill to the House

- Floor Amendments: None

- Y: 152 N: 1

HR 193 - Hamilton County, Tennessee; convey property - A resolution authorizing the conveyance of certain state owned real property located in Hamilton County, Tennessee

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

- State Institutions & Property Committee: Favorable

- Rep. Barnard presented the bill to the House

- Floor Amendments: None

- Y: 151 N: 0

HR 239 - Cobb County; convey property - A resolution authorizing the conveyance of certain State owned real property located in Cobb County, Georgia

- Authored by: Rep. Judy Manning (R-Marietta)

- State Institutions & Property Committee: Favorable

- Rep. Manning presented the bill to the House

- Floor Amendments: None

- Y: 146 N: 0

HB 244 - Elections and voting; amend provisions - This is a housekeeping bill from the Secretary of State’s office. It will bring law up to date with technology, constitutional changes, etc.

- Authored by Rep. Sue Burmeister (R-Augusta)

- Governmental Affairs Committee Substitute: LC 28 2279S/hs

- Rules Committee Substitute:

- Rep. Burmeister presented the bill to the House

- Floor Amendments: None

- Motion to Table: Y- 69: N- 92; motion failed

- Objection to withdraw committee substitute: Y-66: N-66; committee substitute is withdrawn

- Y: 98 N: 65

HB 97 - Appalachian Judicial Circuit; add judge - relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Appalachian Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide for a conditional effective date

- Authored by: Rep. David Ralston (R-Blue Ridge)

- Judiciary-Civil Committee: Favorable

- Rep. Ralston presented the bill to the House

- Floor Amendments: None

- Y: 161 N: 0

HB 173 - Ad valorem tax; veterans organizations; exemption - Subject: Ad Valorem Exemption for Veterans; Code Section: 48-5-41; This bill extends the ad valorem tax exemption for veteran organizations to include any qualified nonprofit 501(c)(3) veteran organization.

- Authored by: Rep. John Lunsford (R-McDonough)

- Ways & Means Committee Substitute: LC 18 4042S/hs

- Rep. Lunsford presented the bill to the House

- Floor Amendments: None

- Y: 155 N: 0

HB 194 - Income tax credit; teleworking for limited period of time - Subject: Provides Income Tax Credits with Respect to Teleworking. This bill provides for state income tax credits with respect to teleworking for taxable years on or after January 1, 2006 and ending on or prior to December 31, 2008. “Eligible taxwork expenses” means expenses incurred during the taxable year pursuant to a telework agreement up to a limit of $1500 for each participating employee. These credits will be allowed for a percentage of eligible telework expenses incurred in the tax year as follows:100%- The eligible telework expenses must be incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month if the employer’s principal place of business is located in an area designated by the U.S. E.P.A. as a nonattainment area under the federal Clean Air Act. 75%-The eligible telework expenses must be incurred pursuant to a telework agreement requiring the participating employee to work at least 12 days per month. 25%- The eligible telework expenses must be incurred pursuant to a telework agreement requiring the participating employee to work at least 5 days per month. In addition to the above listed credits, an employer conducting a telework assessment is allowed a credit against the tax imposed for 100% of the cost, up to a maximum credit of $40,000 per employer, of preparing the assessment. The revenue commissioner sets standards for this tax credit and shall promulgate rules and regulations for the implementation and administration of this bill. All applications for this credit must be submitted by October 1 of each year to the commissioner for review and approval.Tax credits approved by the commissioner shall not exceed in each taxable year:$2,000,000 in 2006 - $5,000,000 in 2007 - $7,000,000 in 2008. - On or before January 1, 2008, the commissioner shall assess the telework programs and report to the General Assembly on its performance.

- Authored by: Rep. Chuck Martin (R-Alpharetta)

- Ways & Means Committee Substitute: LC 18 4294S/hs; withdrawn

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