Columbus, Georgia

2005 Georgia Legislative Update

Week 2

Legislative Days 4-8



Today concluded the second week of the Georgia Legislative session (days

4-8). The legislature passed a resolution setting the schedule for the

next two weeks. The legislature will be in session next Monday through

Thursday (February 3, 2005) next week, and again Monday through Thursday

(February 10, 2005) the following week.



Throughout this week, committees began meeting, adopting rules and

outlining their subcommittee process. Very few committees engaged on

specific pieces of legislation. We do, however, anticipate much more

committee action beginning next week.



Appropriations subcommittees met to hear more about specific agency

requests in the FY05 and FY06 budget.



Tort Reform Update



The Senate Judiciary Committee passed its version of tort reform late on

Thursday (Committee Substitute attached below). Members did however

indicate that the bill was a "starting point" suggesting that there

would likely be significant changes in the legislation throughout the

continuing legislative process.



The Committee Substitute dropped the original provision giving doctors

and hospitals immunity for emergency room treatment. Notably, the bill

contains the following provisions: (1) require a higher burden of proof

in order to bring a cause of action and (2) placing a $250,000 per

defendant, and $750,000 total cap on non economic damages.



In the House, Speaker Richardson appointed a special committee, chaired

by Representative Barry Fleming, to handle tort reform. This Special

Committee on Civil Justice Reform will likely begin meeting in the next

few weeks.



Notables to Columbus Government:

This week, we began tracking the following bills:



* HB 1: relating to bona fide conservation use property

* HB 4: the Baby's Right to Know Act

* HB 6: relating to payment into county treasuries of fines and

forfeitures

* HB 16: relating to the allocation of funds for public roads

* HB 30: requiring policies that prohibit law enforcement officers

from impermissibly using race or ethnicity in determining whether to

stop a motorist

* HB 33: providing that the election superintendent shall ensure

that all ballots are counted before closing the election superintendents

office after a primary or election

* HB 34: enacting the Children's Vision Improvement and Learning

Readiness Act of 2005

* HB 35: establishing a Community Service Board Overview

Commission

* HB 36: eliminates certain minimum distance requirements relating

to incorporation of municipal corporations

* HB 41: relating to QBE

* HB 42: relating to adoption of hearing policies and procedures

and standards for the exercise of zoning power

* HB 63: providing for the nonpartisan election of clerks of the

superior court, sheriffs, tax receivers, tax collectors, and tax

commissioners

* HB 75: related to primaries and elections

* HB 76: change the tax situs of certain transactions

* HB 79: changes the provisions relating to priorities of fines,

forfeitures, surcharges, additional fees, and costs in cases of partial

payment into the court

* HB 89: relating to the withdrawal, death, or disqualification of

election candidates

* HB 96: relating to definitions relative to county and municipal

abatement powers

* HB 98: creating the Georgia Land Conservation Council

* HR1: amending the Constitution to authorize the General Assembly

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

increase of the ad valorem mileage rate and vale of property

* HR 3: amending the Constitution to authorize the General

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

rate of increase of the ad valorem mileage rate and vale of property

* HR 6: urging law enforcement and correctional agencies to

suspend the use of all electroshock devices

* SB30: providing for inverse condemnation proceedings

* SB 32: relating to election and terms of judges of the probate

court

* SB 50: relating to a personal property tax exemption for certain

property

* SB 59: establishing county diversion centers

* SR 34: providing that the sales and use tax for educational

purposes mush also be imposed in whole or in part for maintenance and

operation of public schools with an equivalent millage rate reduction



Attached, please find tracking sheet. Please let us know if you have

questions or concerns.

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