Wednesday, March 10, 2004
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Wednesday, March 10, 2004 |
| Weekly legislative wrapup House lawmakers reconvened Monday, March 1, at 1 p.m. for the 27th day of the session. Lawmakers were in recess Wednesday and Friday to conduct committee meetings and allow House and Senate conferees to begin work on a compromise 2004 supplemental budget, which is a revised spending plan for the current fiscal year that ends June 30. The House has also started working on the FY 05 budget that begins July 1. Members have also agreed to a schedule through day 32. The House was to convene again yesterday, recess today and tomorrow, and reconvene Friday at 10 a.m. There are 11 days remaining in the 40-day session. Revenue Decrease - It was announced Wednesday that February revenue collections were down 1.9 percent, or $18 million, compared to February of 2003. The state still shows a 4 percent growth rate for the year, but it is less than what is needed to meet the $16.1 billion budget. According to budget officials, tax collections now must grow an average 8.5 percent for the next four months to avoid spending cuts. Pay Day Lending - The House agreed to the conference committee report for SB 157 on Thursday 132-38 sending the legislation to the Governor. Under the final version, industrial lenders would be exempt from class action lawsuits. However, SB 157 still requires payday lending companies to get licensed and adhere to the Industrial Loan Act of 1955. Those who fail to do so would subject them to class action suits and prosecution under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Enforcement would be carried out by private attorneys, district attorneys or by the state’s Attorney General and the state could tax profits of illegal lenders at a rate of 50 percent. First offenders would face a misdemeanor of high and aggravated nature and those guilty of four convictions would be sentenced with a felony, and a fine of up to $10,000. School Access Roads - Monday saw the passage of HB 1068 by a vote of 105-64. The measure requires that new schools across the state have two access roads leading in and out of the property. However the bill was amended saying schools won’t necessarily have to have paved roads. HB 1068 also requires all future school construction projects to be submitted to the state Department of Transportation so the department may approve and/or advise the local school system on the optimum location of the access points. Privatization - HB 1326 passed 169-1 on Monday and would make state privatization contracts under the executive branch of Georgia’s government invalid if written notice is not given to the Lt. Governor, the Georgia House Speaker, and the associated legislative overview committee. The notice must be delivered at least 60 days in advance and the new law would only apply to contracts which commence after July 1. Furthermore, the proposal would allow the Governor, by executive order, to allow a department to enter into a privatization contract without fulfilling the notification requirement if a clear state of emergency exists. Impersonating Police Officers - HB 1287 was adopted on Tuesday 170-1 and makes it a misdemeanor with a fine up to $10,000 and a year in prison to falsely use any type of flashing emergency-type light in a vehicle, with the intent to emulate a law enforcement official. It is illegal now for non-officers to have flashing blue lights on their cars, but the law fails to address white strobe lights or flashing orange lights. The legislation is a result of recent reports of police arresting drivers accused of falsely pretending to be public safety officers who were pulling drivers over. Vehicles with a quasi-public purpose that have flashing lights such as trucks used by volunteer firefighters or mall security officers would be exempt under the bill. Lifetime Sportsman’s License - HB 1362 was adopted unanimously Tuesday 165-0 and allows a Georgia resident with a lifetime hunting and fishing license to buy a similar license for an out-of-state grandchild under age 16. Additionally, HB 1362 would extend a sizeable discount to Georgians between the age of 60 and 65 who purchase the lifetime sportsman’s license. Residents over age 65 would receive the lifetime license free of charge. Georgia Lottery Online - Thursday saw the passage of HB 1272, 131-32. The legislation permits customers to buy lottery tickets online, through an individual account accessible over the Internet, and to track it and make deposits. Cash, certified funds, debit card or credit cards would be acceptable to buy tickets. Credit card customers would be limited to no more than $5 per day in purchases. If signed into law, Georgia would become the first state in the nation to offer an online lottery. Employment Security - HB 1555 was adopted Tuesday 120-48 and, as amended, extends unemployment benefits to persons looking for a part-time job. Currently, Georgia law only allows people who are seeking full-time employment to receive unemployment benefits. HB 1555 also eliminates a sunset provision on an alternative method for calculating unemployment benefits, and extends the sunset provision allowing the Commissioner of the Department of Labor to establish contribution rates for employers paying into the state unemployment trust fund. Grease Dumping - The House adopted HB 1408 Thursday 152-18. This legislation would require grease-haulers to carry authorized manifests outlining whose grease they are carrying, when it entered their trucks, and where the grease will be dumped. Liability for illegal grease dumping would also be changed under the bill from the restaurant that owns the grease trap, to the grease-hauling company. Another provision requires each grease-hauling truck to post a state grease-license number. Protecting Bus Drivers - HB 1179 was approved Tuesday 153-13. The measure extends protection to school bus drivers by expanding the definition of “school property” to include public school buses, and public school bus stops. Current law already calls for increased penalties against students, parents, or other persons who assault a public school employee. Obesity Lawsuits - The House adopted HB 1519, the Common Sense Consumption Act, Monday by vote of 169-0. Under the bill, restaurants, food producers and beverage companies would be shielded from obesity-related lawsuits. Food that was mislabeled or sold illegally is not covered by the bill. This legislation stems from a class action lawsuit filed against McDonald’s. Study of Standard Grading System - HR 1346 was adopted Monday 166-4 and urges the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia’s K-12 public education system. Bail Bonding - HB 1206 passed Tuesday 152-9. Under the legislation attorneys would be allowed to have a financial stake in a bail bonding business. However, the bill still prohibits attorneys from representing anyone who obtained a bond from the company they have an ownership interest in and does not permit them to manage the company. Dove Hunting - HR 1401 passed Tuesday 169-0 and urges the Board of Natural Resources to adopt statewide, uniform open season dates for dove hunting throughout the state. North and South Georgia now have different dove hunting seasons. Smoking Around Children- HB 1138, which passed Thursday 120-39, makes it crime with a $15 fine for smoking in a motor vehicle on a state highway with the windows rolled up and a child in a car seat. Electronic Monitoring Devices - HB 1160, which was adopted Thursday 168-0, creates a new offense for tampering or interfering with a court ordered electronic monitoring devices. Department Name Change - HB 1529 passed Thursday 165-0 and is a part of the Governor’s legislative agenda. The bill changes the name of the Georgia Department of Industry, Trade and Tourism to the Georgia Department of Economic Development. Other legislation passed last week • HB 1014, A bill to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone Mountain area and one member must have a degree or background in botany; passed 173-0. • HB 1263, A bill to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term “claim against a policy”; passed 171-0. • HB 1277, A bill to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; passed 142-31. • HB 1321, A bill to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; passed 135-31. • HB 1588, A bill to amend Code Section 40-2-62 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, so as to change certain provisions relating to design of the license plate; passed 160-6. • HR 701, A resolution recognizing Hepatitis C Awareness and Education Month and urging the Division of Public Health of the Department of Human Resources to undertake certain related studies; passed 164-3. • HB 1348, A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; passed 171-0. • HB 1507, A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; passed 166-0. • HB 1599, A bill to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the descriptions of certain such regions; passed 164-0. • HR 1322, A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for specific purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to the state; to change certain provisions relating to an indemnification fund for public school teachers, administrators, and employees who are killed or permanently disabled in the line of duty; to change certain provisions relating to a dog and cat reproductive sterilization support program; passed 171-0. • HR 1402, A resolution ratifying a change of regional development center boundaries established by the Board of Community Affairs; passed 168-1. • HB 158, A bill to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated; passed 165-0. • HB 234, A bill to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits, additional or partial benefits, and election to provide both retirement and survivors benefits under the Superior Court Clerks' Retirement Fund, so as to provide that in the event a covered spouse predeceases a member who has elected survivors benefits, the benefit level shall be the same as if the member had not elected such benefits; passed 172-0. • HB 394, A bill to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees’ Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; passed 157-0. • HB 1036, A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses’ benefits under the Superior Court Clerks’ Retirement Fund, so as to provide for retirement benefits after eight years of service; to provide for the calculation of service creditable for retirement; to provide for spouses’ benefits; passed 165-0. • HB 1161, A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; passed 163-0. • HB 1265, A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change certain provisions relating to practicing medicine without a license; to provide for the issuance of temporary postgraduate training permits; passed 166-0. • HB 1285, A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to create a new offense relative to using a minor’s social security number to establish a utility or other credit account; passed 161-2. • HB 1354, A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Public Service Commission, so as to define a certain term; to increase the amount of certain special fees; to increase a certain amount available for appropriation to the Public Service Commission; passed 96-69. Motion to Reconsider • HB 1379, A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide title protection to specific titles within the profession of industrial hygiene; to prohibit certain persons from representing themselves to the public as certified industrial hygienists, industrial hygienists in training, industrial hygienists, construction health and safety technologists, or occupationalhealth and safety technologists; passed 150-5. • HB 1394, A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; passed 158-2. • HB 1496, A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for the revision of provisions regarding the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; passed 156-3. • HB 1582, A bill to amend Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amounts due to the state, so as to provide that the Department of Technical and Adult Education may write off amounts up to $3,000.00; passed 159-1. • HR 1256, A resolution urging the Congress of the United States to consider creating a national preserve or other similar federal property to protect land and other natural resources in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia; passed 105-65. • HR 1263, A resolution urging departments and agencies of the State of Georgia to engage the services of independent consulting firms to monitor and assist in preparing requests for proposals for certain information technology projects and contracts; passed 159-4. • HR 1349, A resolution designating the Rembert Olen McAfee Bridge; passed 157-6. — Georgia House of Representatives Public Information Office
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