Columbus, Georgia

2005 Georgia General Assembly

February 4, 2005

Week Four Session Report

Days 13-16

Overview

This week, the Georgia General Assembly was in session, considering legislation

Monday through Thursday, days 13 through 16 respectively. In addition, they

passed a resolution outlining the schedule for the next few weeks. At this

point, the General Assembly plans to be ?In Session? next week for all five

days (Monday through Friday, Days 17-21), take off President?s Day, Monday the

21st and work Tuesday through Friday (Days 22-25). They plan to be off Monday

and Tuesday the 28th and March 1st to work on the budget, and resume session

work on Wednesday the 2nd for the 26th legislative day.

Tort Reform:

Tort reform continues to be the focus of this legislative session. On

Thursday, the House of passed SB 3, the Senate?s comprehensive tort reform bill

that revises civil litigation procedures and puts a limit on the damages that

juries can award in medical malpractice trials.

As passed by the Senate, SB 3 limited the award of "pain and suffering" damages

in malpractice trials to $250,000 for a single physician and up to $750,000 for

multiple defendants. The House adopted an amendment from Speaker Richardson

that increased the cap to $350,000 and $1.05 million for multiple defendants.

Notably, Rep. Willard (R-Atlanta) offered an amendment that raised the cap on

non-economic damages to $750,000, with a cap not applying in cases where there

is a wrongful death or a catastrophic injury resulting from a physician?s

negligence. House members ultimately failed to pass the amendment by a single

vote. That same day, the Senate considered the changes adopted by the House,

but failed to formally ?agree or disagree?. The Senate will again take up SB3

on Monday.

Budget

The House of Representatives passed the ?05 supplemental budget this week. The

appropriations bill reflected most of the Governor?s recommendations, while

adding roughly $20.7 million in bonds for construction projects. The budget

adds $110 million in state funds to help public schools handle increased

enrollment and $1 million to pay for an internet-based system that will help

high school students prepare for the SAT college entrance exam. Finally, the

budget also includes $7.6 million that will go to each of the 180 city and

county school systems as "student achievement grants" equal to $5 for each

student.

Other budget adjustments made by the House:

? Cut $2.5 million in the Department of Community Health (DCH) by

increasing from the use of generic drugs in the state?s health insurance

programs.

? Removed $1.3 million that had been put in the budget for the settlement

of a lawsuit involving the computer system for issuing driver?s licenses; that

settlement is not expected to be finalized during the current fiscal year.

? Added $150,000 to avoid cutting three mental health positions in the

Department of Human Resource?s Southwest Georgia region.

? Added $136,000 to increase from 79 to 100 the number of people moving

from nursing homes into the community.

Open Records Legislation

The House of Representatives passed HB 218, allowing state officials to

maintain secrecy about their negotiations with businesses that are considering

relocating to Georgia. This bill will exempt from the state?s open records

requirements any documents that could reveal the terms of an agreement being

negotiated by officials of the Department of Economic Development or the more

than 800 local development agencies?with a business that might move to Georgia.

These records would remain hidden from public view until the negotiations are

either completed or abandoned.

Corporate Income Tax

The House passed HB 191 revising the formula under which corporations pay state

income taxes. Corporate tax rates are now determined by three factors: sales

within the state, assets owned by the corporation, and persons employed. This

measure will provide Georgia-based corporations tax breaks totaling nearly $1

billion over the next 10 years. HB 191 will phase out the payroll and assets

factors between 2006 and 2008, with corporate income taxes eventually based

entirely upon sales. HB 191 will also close a tax loophole that benefits

companies that do business in Georgia but set up passive investment companies

known as Delaware or Nevada holding companies. These businesses shift their

income out of Georgia to the holding company in the form of a royalty payment

that enables them to avoid paying state income taxes. Eliminating the tax

deductibility of those royalty payments would increase tax revenues by an

estimated $504.7 million from 2006-2115, according to the fiscal note.

Notables for the week:

This week there was the following action regarding specific bills you may be

interested in:



Bills Introduced:

HB 265 related to intangible tax on property in more than one county

HB 268 related to the compensation of District Attorney, assistant DA, etc

HB 269 related to capital outlay funds for public schools

HB 271 Charter for Columbus

HB 294 related to speed monitoring devises

HB 304 related to regulatory fees by local governments

HB 349 related to the investigation of charges against Sheriffs

HB 359 related to election booths

HB 368 related to the authority of counties to buy property sold under tax

executions

HB 370 related to property exempt from ad valorem taxation

HB 374 related to county and municipal levies on public accommodations,

tourism, conventions, trade shows

HB 403 relating to a nonpartisan election of clerks of the superior court and

coroners

HR 168 declaring transportation as an essential governmental function

SB 113 related to 311 nonemergency phone system and an Emergency Telephone

System Fund

SB 129 related to conduct in public transportation



Committee and Chamber Action

HB1 related to bona fide conservation use property PASSED Committee



Attached, please find tracking sheet outlining all of the legislation we are

following on your behalf. If you have any questions or concerns, please feel

free to contact me.

Thanks,

Sheila

<>

Sheila G. Humberstone

Manager-State Affairs

Troutman Sanders Public Affairs Group LLC

404-879-6502

404-962-6684 (fax)

Sheila.Humberstone@troutmansanders.com

http://www.troutmansanderspag.com



Client Name: Columbus Consolidated Government

2005 Legislative Session Tracking Sheet



Bill/Author Summary/Status/Comments

HB 1

Royal, Richard 171st







Opposed Relates to bona fide conservation use property, so as to provide for

additional acts which shall not constitute a breach of a conservation use

covenant



House Ways and Means

House Committee Favorably Reported 02-09-05

HB 4

Bridges, Ben 10th Enacts the ?Baby?s Right to Know Act? which requests that an

unmarried mother identify the name of a baby?s father and provides for county

health departments to attempt to locate putative father



House Judiciary

House Second Read 01-27-05

HB 6

Bridges, Ben 10th

Day, Burke 163rd











Opposed Relates to the payment into county treasuries of fines and forfeitures,

as well as arrests, trials, and appeals relative to prosecution of misdemeanor

traffic offenses, so as to provide for payment of certain moneys arising from

traffic fines the the Georgia Department of Public Safety for payment into the

state treasury



House Judiciary Non-Civil

House Second Read 01-24-05

HB 16

Davis, Steve 109th

Lunsford, John 110th

May, Jeff 111th

Horne, Billy 71st

Stephens, Ron 164th Relates to the allocation of funds for public roads by

changing the provisions regarding the balancing of federal and state funds



House Transportation

House Second Read 01-24-05

HB 23

Hill, Calvin 21st

Scheid, Chuck 22nd

Byrd, Charlice 20th Repeals certain provisions authorizing a tire disposal fee



House Natural Resources and the Environment

House Second Read 02-03-05

HB 29

Brooks, Tyrone 63rd

Jones, Sheila 44th

Thomas, Mable 55th

Mangham, Randal 94th Prohibits the use of electroshock devices by law enforcement

officers



House Public Safety

House Second Read 01-25-05

HB 30

Brooks, Tyrone 63rd

Hugley, Carolyn 133rd

Smyre, Calvin 132nd

Holmes, Bob 61st

Marin, Pete 96th Requires policies that prohibit law enforcement officers from

impermissibly using race or ethnicity in determining whether to stop a motorist

and requires annual training of law enforecement officers



House Public Safety

House Second Read 01-25-05

HB 33

Williams, Al 165th

Mitchell, Billy 88th

Williams, Coach 89th Provides that the election superintendent shall ensure

that all ballots are counted before closing the election superintendent?s

office after a primary or election



House Governmental Affairs

House Second Read 01-25-05

HB 34

Mitchell, Billy 88th

Brown, Jeff 69th

Rynders, Ed 152nd

Graves, David 137th

Bruce, Roger 64th











Support Relates to student health, by enacting the ?Georgia?s Children?s Vision

Improvement and Learning Readiness Act of 2005?; allows the State Board of

Education to apply for federal funds to develop a state program to provide

comprehensive eye examinations for children entering first grade; provides for

the development of program eligibility criteria, a list of providers, a system

of provider reimbursement, and a method for evaluation and reporting



House Education

House Second Read 01-24-05

HB 35

Mitchell, Billy 88th Relates to general provisions regarding administration of

mental health, developmental disabilities, addictive diseases and other

disability services, so as to provide for the Community Service Board Overview

Commission



House Human Relations and Aging

House Second Read 01-26-05

HB 36

Willard, Wendell 49th

Geisinger, Harry 48th

Wilkinson, Joe 52nd Revises the provisions of law relating to creation of new

municipal corporations by eliminating certain minimum distance requirements and

providing for the authorization and regulation of alcoholic beverage sales in

new municipalities under certain circumstances



House Governmental Affairs

House Second Read 01-25-05

HB 41

Holmes, Bob 61st

Brooks, Tyrone 63rd

Bruce, Roger 64th

Heckstall, Joe 62nd

Jones, Sheila 44th Relates to elementary and secondary education so as to change

provisions for calculating the minimum amount of local expenditures for

education required in order to participate in the Quality Basic Education

program.



House Education

House Second Read 01-24-05

HB 42

Floyd, Hugh 99th

Marin, Pete 96th Relates to adoption of hearing policies and procedures and

standards for the exercise of zoning power, so as to require investigation,

reports and consideration of effects of zoning decisions on local school systems



House Judiciary

House Second Read 01-24-05

HB 53

Powell, Alan 29th

McCall, Tom 30th

Jamieson, Jeanette 28th



Opposed Regulates interbasin and intrabasin transfers of surface water and

ground water





House Natural Resources and Environment

House Second Read 01-12-05

HB 55

Powell, Alan 29th

McCall, Tom 30th

Jamieson, Jeanette 28th



Opposed River Basin Protection Act; provides for protection of river basins,

regulates insterbasin transfers of water, and provides for an in-stream flow

policy



House Natural Resources and Environment

House Second Read 01-12-05

HB 62

Powell, Alan 29th

Jamieson, Jeanette 28th

Roberts, Jay 154th

Morris, Greg 155th Relates to elections and primaries generally so as to provide that

the General Assembly by local law may provide for the nonpartisan election of

clerks of the superior court, sheriffs, tax receivers, tax collectors and tax

commissioners



House Governmental Affairs

House Second Read 01-24-05

HB 63

Powell, Allan 29th

Jamieson, Jeanette 28th Relates to elections and primaries, so as to provide for the

nonpartisan election of clerks of the superior court, sheriffs, tax receivers,

tax collectors, and tax commissioners



House Governmental Affairs

House Second Read 01-24-05

HB 75

Sims, Chuck 169th











Opposed Relates to primaries and elections, so as to provide that it shall be

illegal for certain persons to engage in certain election related activities

and to provide that a court or administrative body may revoke or suspend a

person?s right to vote under certain circumstances



House Governmental Affairs

House Second Read 01-25-05

HB 76

Mosley, Hinson 178th Changes the tax situs of certain transactions



House Ways and Means

House Second Read 01-25-05

HB 77

Stephens, Ron 164th











Opposed Changes the provisions relating to priorities of fines, forfeitures,

surcharges, additional fees, and costs in cases of partial payments into the

court and provides for funding for local juvenile diversion programs through a

fine surcharge



House Judiciary Non-Civil

House Second Read 01-25-05

HB 79

Stephens, Ron 164th











Opposed Changes the provisions relating to priorities of fines, forfeitures,

surcharges, additional fees, and costs in cases of partial payments into the

court and provides for funding for local juvenile diversion programs through a

fine surcharge



House Judiciary Non-Civil

House Second Read 01-25-05

HB 81

Day, Burke 163rd

Stephens, Ron 164th

Bryant, Bob 160th

Jackson, Lester 161st

Scott, Martin 2nd Provides that, with respect to all homestead exemptions, the

unremarried surviving spouse of a deceased spouse who has been granted a

homestead exemption shall continue to receive that exemption so long as that

unremarried surviving spouse continues to occupy the home as residence



House Ways and Means

House Second Read 01-25-05

HB 89

Coleman, Terry 144th











Opposed Relates to the withdrawal, death, or disqualification of candidates, so

as to provide that, when a dandidate withdraws, the election superintendent

shall cause the name of such withdrawn candidate to be removed from the ballot

if possible



House Governmental Affairs

House Second Read 01-26-05

HB 96

Marin, Pete 96th

Floyd, Hugh 99th

Thomas, Brian 100th

Casas, David 103rd

Coan, Mike 101st

Support Relates to abatement of nuisances generally, so as to change certain

provisions relating to definitions relative to county and municipal abatement

powers





House State Planning and Community Affairs

House Second Read 01-26-05

HB 98

Golick, Rich 34th

Roberts, Jay 154th

Smith, Lynn 70th

Jones, Jan 46th

Support

House Passed and Adopted 01-31-05 Creates the Georgia Land Conservation Council and

provides for is membership, powers, duties and, operations







Senate Natural Resources and the Environment

Senate Second Read 02-08-05

HB 152

Setzler, Ed 35th

Burkahalter, Mark 50th

Royal, Richard 171st

Keen, Jerry 179th Provides for enhanced redevelopment powers, duties, and

authority and sales and use taxation for a limited duration



House Ways and Means

House Second Read 01-28-05

HB 173

Lunsford, John 110th







Opposed Expands the ad valorem exemption for veterans organizations to include

certain additional nonprofit veterans organizations



House Ways and Means

House Second Read 01-28-05

HB 177

Lunsford, John 110th Provides that it shall be unlawful for any official,

officer, or employee of this state or of any department, agency, board, bureau,

commission, or authority of this state or of any county, municipality, or

authority thereof to employ or to use any public funds to pay any person who is

in the United States in violation of the laws of the United States



House Governmental Affairs

House Second Read 01-28-05

HB 186

Mitchell, Billy 88th

Mosley, Henson 178th

Floyd, Hugh 99th

Meadows, John 5th

Henson, Michele 87th

Opposed Expands the purposes for which federal funds may be used by a county or

municipal corporation







House State Planning and Community Affairs

House Second Read 01-31-05

HB 220

Jackson, Lester 161st Provides for an optional bidding preference for local

businesses with respect to local government contracts that are subject to

competitive bidding procedures



House Governmental Affairs

House Second Read 02-02-05

HB 241

Maddox, Gene 172nd

Keown, Mike 173rd

Support Provides for the nonpartisan election of sheriffs



House Governmental Affairs

House Second Read 02-02-05

HB 254

Knox, Tom 24th

Keen, Jerry 179th

Ralston, David 7th

Ehrhart, Earl 36th Authorizes the establishment of drugs courts divisions

within certain courts and provides for assignment of certain cases to a drug

court division



House Judiciary Non-Civil

House Second Read 02-03-05

HB 265

Ralston, David 7th

Crawford, Mack 127th Relates to the recording, payment, and certification where

encumbered real property is located in more than one county or located within

and outside the state , so as to provide that the intangible recording tax may

be prorated among the counties in which the real property is located



House Judiciary

House Second Read 02-07-05

HB 268

Crawford, Mack 127th

Fleming, Barry 117th

Ralston, David 7th Changes the provisions relating to the compensation of

district attorneys, assistant district attorneys, district attorney

investigators, and assistant district attorneys who temporarily substitute for

a district attorney who dies or resigns during the term of office



House Judiciary

House Second Read 02-07-05

HB 304

Burmeister, Sue 119th

Yates, John 73rd

Shaw, Jay 176th

Cummings, Bill 16th

Rice, Tom 51st Relates to general provisions concerning specific, business, and

occupation taxes, so as to change the provisions relating to the imposition and

determination of the among of certain regulatory fees by local governments



House Ways and Means

House Second Read 02-08-05

HB 349

Dodson, Ron 75th

Mitchell, Billy 88th

Barnes, Mike 78th

Stephens, Ron 164th Relates to investigation of charges against a sheriff and

suspension of a sheriff so as to change the maximum period of time for a

suspension and an extension of a suspension



House Judiciary Non-Civil

House Second Read 02-09-05

HB 359

Drenner, Karla 86th

Benfield, Stephanie 85th

Gardner, Pat 57th

Morgan, Alicia 39th

Bruce, Roger 64th Provides that the ballot or other materials at the voting

booth shall allow the voter to view all sections of a proposed constitutional

amendment at the time that he or she votes



House Rules

House Second Read 02-09-05

HB 368

Mitchell, Billy 88th

Geisinger, Harry 48th

Lindsey, Edward 54th

Dean, Douglas 59th

Barnes, Mike 78th Prohibits county tax commissioners from purchasing property

offered for sale under tax executions or tax foreclosure proceedings



House Judiciary

House Second Read 02-09-05

HB 370

Kidd, Jane 115th

Jacobs, Mike 80th

Bordeaux, Tom 162nd

Smith, Bob 113th

England, Terry 108th Provides for an exemption from ad valorem taxation for

certain charitable institutions





House Ways and Means

House Second Read 02-09-05

HB 374

Geisinger, Harry 48th

Jones, Jan 46th

Martin, Chuck 47th

Willard, Wendell 49th Extends the time for the levy and collection of a tax for

the purpose of construction and expansion of a system of bicycle or pedestrian

greenways, trails, walkways, or any other combinations thereof connecting a

downtown historic or business district and surrounding areas under certain

circumstances



House Ways and Means

House Second Read 02-09-05

HB 403

Jackson, Lester 161st

Stephens, Ron 164th

Bordeaux, Tom 162nd

Bryant, Bob 160th

Carter, Buddy 159th Provides for the nonpartisan election of clerks of superior court

and coroners





House Governmental Affairs

House Second Read 02-10-05

HR 1

Royal, Richard 171st









Opposed Authorizes the General Assembly to provide by general or local law for

limitations upon the rate of increase of the ad valorem tax millage rate and

value of property for certain purposes



House Ways and Means

House First Read 01-12-05

HR 3

Royal, Richard 171st











Opposed Proposes an amendment to the Constitution so as to authorize the General

Assembly to provide by general or local law for limitations upon the rate of

increase of the ad valorem tax millage rate and value of property for certain

purposes



House Ways and Means

House First Read 01-12-05

HR 6

Brooks, Tyrone 63rd

Epps, Carl Von 128th

Mangham, Randal 94th

Jones, Sheila 44th

Thomas, Mable 55th

Opposed Urges all law enforcement and correctional agencies in the State of

Georgia to suspend the use of all electroshock devices



House Public Safety

House Second Read 01-25-05

HR 58

Keen, Jerry 179th

Richardson, Glenn 19th

Burmeister, Sue 119th

Jamieson, Jeanette 28th



Opposed Eliminates the provisions requiring the local funding of education by ad

valorem taxation and provide for the imposition of a state sales and use tax at

a rate not to exceed 3 percent



House Ways and Means

House Second Read 01-27-05

HR 168

Heard, Keith 114th

Kidd, Jane 115th Declares the acquisition, establishment, operation, and

administration of the system of public transportation of passengers for hire in

any city, county or consolidated government to be an essential governmental

function and a public purpose to authorize the creation of a public corporation

or authority for such purpose



House Governmental Affairs

House Second Read 02-09-05

SB 3

Smith, Preston 52nd

Johnson, Eric 1st

Seabaugh, Mitch 28th

Stephens, Bill 27th

Hamrick, Bill 30th



Senate Favorably Reported 02-01-05 Tort Reform; amends titles relating to civil

practice, evidence and torts, so as to provide for substantive and

comprehensive revisions of provisions regarding civil practice, evidentiary

matters, and liability in tort actions in general and actions related to health

care in particular (amend OCGA Titles 9, 24, and 51).



House Special Committee on Civil Justice Reform

House Favorably Reported 02-10-05

SB 30

Pearson, Chip 51st

Seabaugh, Mitch 28th

Williams, Tommie 19th

Cagle, Casey 49th

Heath, Bill 31st Relates to proceedings before a special master, so as to

provide for inverse condemnation proceedings





Senate Judiciary

Senate First Read 01-24-05

SB 32

Smith, Preston 52nd

Mullis, Jeff 53rd

Tolleson, Russ 20th

Kemp, Brian 46th

Hill, Judson 32nd Relates to the election and term of judges of the probate

court so that the office shall be elected on a nonpartisan basis



Senate Judiciary

Senate First Read 01-24-05

SB 50

Hamrick, Bill 30th

Seabaugh, Mitch 28th

Pearson, Chip 51st

Heath, Bill 31st

Hill, Judson 32nd

Opposed Relates to a personal property tax exemption for certain property, so as

to increase the amount of such exemption







Senate Finance

Senate First Read 01-25-05

SB 56

Thomas, Don 54th

Unterman, Renee 45th

Harbison, Ed 15th

Hooks, George 14th

Pearson, Chip 51st

Senate Favorably Reported 02-08-05 Relates to hospitalization for tuberculosis











House Health and Human Services

House First Read 02-09-05

SB 59

Hamrick, Bill 30th Relates to establishment of county diversion centers, so as to

authorize the establishment of county probation diversion centers for certain

offenders, which will be under the control of the sheriff of the county



Senate Public Safety and Homeland Security

Senate First Read 01-26-05

SB 64

Douglas, John 17th





Support Repeals the requirement that officers enforcing traffic laws have a blue

light on the roof of their vehicles



Senate Public Safety and Homeland Security

Senate First Read 01-27-05

SB 65

Brown, Robert 26th





Opposed Provides authority to the state revenue commissioner to investigate

property tax valuations



Senate Finance

Senate First Read 01-27-05

SB 70

Thompson, Steve 33rd

Stoner, Doug 6th

Mullis, Jeff 53rd

Powell, J.B. 23rd

Thompson, Curt 5th

Support Includes land used as or dedicated for use as a cemetery within the

definition of greenspace for a limited purpose







Senate Natural Resources and the Environment

Senate First Read 01-28-05

SB 72

Thompson, Steve 33rd

Stoner, Doug 6th

Powell, J.B. 23rd

Thompson, Curt 5th Relates to program weights relative to state funding of local

school systems, so as to provide for compliance with maximum class size

requirements for each individual classroom



Senate Education and Youth

Senate First Read 01-28-05

SB 80

Williams, Tommie 19th

Staton, Cecil 18th

Goggans, Greg 7th

Tolleson, Russ 20th

Johnson, Eric 1st

Support Provides for the nonpartisan election of sheriffs







Senate State and Local Governmental Operations

Senate First Read 01-28-05

SB 90

Thomas, Don 54th

Reed, Kasim 35th

Unterman, Rene 45th

Schaefer, Nancy 50th

Miles, Steen 43rd Enacts the Georgia Smokefree Air Act of 2005 to prohibit smoking

in certain facilities and areas





Senate Health and Human Services

Senate First Read 01-31-05

SB 113

Butler, Gloria 55th

Henson, Steve 41st

Fort, Vincent 39th

Miles, Steen 43rd

Seabaugh, Mitch 28th

Support Establishes the Emergency Telephone System Fund and authorizes the use

of 911 fund money to establish and operate a 311 nonemergency phone system





Senate Regulated Industries and Utilities Committee

Senate First Read 02-03-05

SB 129

Adelman, David 42nd

Weber, Dan 40th

Moody, Dan 56th

Miles, Steen 43rd

Zamarripa, Sam 36th Provides that it shall be unlawful to solicit money or sell

goods or services for a fee to the operator or passengers of a public transit

bus or rapid rail car within the confines of such vehicle or inside the paid

area of a rapid rail or intermodal bus station



Senate Transportation

Senate First Read 02-07-05

SR 34

Cagle, Casey 49th

Balfour, Don 9th

Moody, Dan 56th

Carter, Joseph 13th Proposes and amendment to the Constitution so as to provide that

the sales and use tax for educationsal purposes may also be imposed in whole or

in part for maintenance and operation of public schools



Senate Finance

Senate First Read 01-25-05