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Steve Gaynor Legislative Committee Chairman State of Georgia Legislative Information
Signed / Vetoed Legislation
2008 Legislative Session
The Georgia Constitution gives the governor 40-days from the General
Assembly’s adjournment sine die to sign or veto all bills and all
resolutions which have been passed or they become law without any
action on his part. The deadline for Governor Perdue to take action
was today, May 14th, which resulted in dozens and dozens
of bills being signed, including the $21.1 billion FY 2009 state
budget. Perdue vetoed 17 bills, and he vetoed 18 individual
line-items from the FY 2009 spending plan. The appropriations vetoes
totaled about $14.2 million in cash and debt service on $22 million
in bond projects. While it’s a lengthy list, it is much shorter than
last year when he vetoed a total of $141 million in budget items,
triggering a war with House Speaker Richardson that ultimately
resulted in the House voting to override 12 of the governor’s
vetoes.
And don’t think the fight between Gov. Perdue and
Speaker Richardson is over yet. In his line-item budget vetoes
Wednesday, Perdue clearly targeted
On a
cautionary note, we urge you to proceed with extreme caution when
traveling across the border into Should the negotiations fail, the resolution directs the governor to take legal action - and any such lawsuit would go straight to the U.S. Supreme Court. Marking the border at the 35th parallel would give The resolution was sponsored by Sen. David Shafer,
R-Duluth. According to the resolution, the boundary was erroneously
surveyed in 1818 and that
Bills tracked during 2008 Session.
Action by Governor Perdue noted in Red.
All bills that died on “cross-over day” have been deleted from
the report. You may reference them by going back to Report # 9, Week
Ending
Campaigns and Elections
Revisions to State Ethics Act. SB 243
(Sen. Renee Unterman-R) Revisions to State Ethics Commission, campaign
contributions, campaign finance disclosure and lobbying regulations.
Status: Passed Senate, Died in House.
Certificate of Need (CON) Exempt Correctional Institutions from CON. HB 967 (Rep. Chuck Martin-R) Exempts correctional institutions from the
certificate of need program. Author agreed to amend bill with
language that limits the scope to clinics serving
only prisoners.
Status: Passed House, Passed Senate, sent to the Governor.
SIGNED CON
Reform and Allows certain destination cancer treatment
centers to bypass current requirements to obtain a Certificate of
Need by establishing less onerous rules and includes CON Reform.
Status: Passed Senate,
Passed House as Cmte. Substitute, Senate Agreed, Sent to Governor.
SIGNED Allows Nursing Homes to Relocate. SB 490 (Sen. Joe Carter-R) Allows nursing homes to divide and/or re-locate within the same county under an existing CON. Status: Passed Senate, Died in House Special CON Cmte. Continuing Care Retirement Communities. SB 549 (Sen. Don Thomas-R) Exempts continuing care retirement communities
from certificate of need requirements.
Status: Passed Senate,
Passed House, Sent to Governor.
SIGNED
Economic Development, Education and Regional Planning
Marketing
of In-State Wineries. HB 393 (Rep. Allow in-state wineries to market their product to
consumers by offering free samples in tasting rooms on the wineries
premises and at five additional locations in the state.
Status: Passed House,
Passed Senate, Sent to Governor.
SIGNED Building
Resourceful Individuals to Develop To implement programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for the development of focused programs of study in high schools; to provide for model programs for students at risk of dropping out of high school and to train guidance counselors and graduation coaches. Status: Passed House, Died in Senate Rules Cmte.
Internet Purchase of Wine. HB 1061
(Rep.
To allow consumers to order up to 12 cases of wine a year directly
from the winery via the internet.
Status: Passed House,
Passed Senate, Sent to Governor.
SIGNED
Ports Activity Job Tax Credits. HB 1079
(Rep. Larry O’Neal-R) Relates to alternative tax credits for base year
port traffic as to change definitions and provide a different method
of calculating port traffic.
Status: Passed House, Died in Senate Finance Cmte.
Agriculture Tourist Attractions. HB 1088
(Rep.
Provides for directional signage, etc. in connection with
designation of agricultural tourist attractions.
Status: Passed House, Passed Senate, Sent to the Governor.
SIGNED
Income Tax Credit for Film, Video, Digital Productions. HB 1100
(Rep.
Revises the income tax credit with respect to qualified film video
and digital productions.
Status: Passed House, Passed Senate, Sent to Governor.
SIGNED
Tax Refunds for Tourism Attractions. HB 1129 (Rep. Jeff Lewis-R) Provides for a program of tax refunds for companies creating and expanding tourism attractions. Status: Passed House, Passed Senate as Cmte. Substitute, House Agreed, Sent to Governor. VETOED
Seed Capital Fund. HB 1196 (Rep. Relates to the imposition, rate, and computation of income tax to provide for tax credits relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity. Status: Passed House, Passed Senate, Sent to Governor. SIGNED
Regional Development Centers Boundaries and Responsibilities. HB
1216
(Rep.
Relates to changing regional development centers to regional
commissions; to provide for new boundaries; to provide for duties
and powers; and to provide for certain procedures regarding dues
structure and funding.
Status: Passed House, Passed Senate, Sent to Governor.
SIGNED
Income Tax Credits. HB 1273
(Rep. Barry Fleming-R)
Relates to income tax credits for businesses creating new jobs in
less developed areas, so as to change the criteria for determination
of what constitutes a less developed area and to change provisions
relating to the number of new jobs created as a criterion for
eligibility for credit.
Status: Passed House, Passed Senate by Substitute, House Agreed,
Sent to Governor.
SIGNED
“Merlot To Go.” SB 55 (Sen. Renee Unterman-R) Allows persons who consume part of a bottle of
wine when dining out to take the unconsumed portion home with them,
so long as the bottle is re-corked.
Status: Passed Senate
Regulated Industries and Utilities Cmte., Passed House Regulated
Industries Cmte., Sent to Governor.
SIGNED Made In
Georgia Program. SB 359 (Sen. Creates a program for the promotion of products
manufactured in Local Government Franchising Authority. SB 408 (Sen. David Shafer-R) Changes provisions in current law relating to telephone and telegraph service and local government franchising fees. Status: Passed Senate, Defeated in House. Redevelopment Funds. SR 996 (Sen. Dan Weber-R)
To propose an amendment to the
Constitution to authorize community redevelopment and authorize
counties, municipalities, and local boards of education to use tax
funds for redevelopment purposes.
Status: Passed Senate,
Passed House.
SIGNED
Education
Charter Schools. HB 881 (Rep. Jan Jones-R) Sets up an alternative way for creating charter schools. A special commission would be empowered to review and approve charter applications that had been rejected by local school systems. Status: Passed House, Passed Senate, Sent to the Governor. SIGNED Tax Credits for Nonprofit Scholarships. HB 1133 (Rep. David Casas-R) Would give private citizens and corporations income tax credits for donating money to nonprofit scholarship organizations that would provide scholarships to parents who want to pull their children out of public schools and send them to private one. Status: Passed House, Passed Senate, Sent to the Governor. SIGNED
Environmental Water Supply Division of DNR. HB 1226 (Rep. Mike Coan-R) Creates a new Water Supply Division within DNR, with a director reporting to the DNR board. Requires EPD to transfer necessary staff. New department would be the primary liaison with US Corps of Engineers and would be responsible for creating reservoirs, including land acquisition by eminent domain if necessary. Provides income tax credits for water conservation equipment in new construction or retrofits. Status: Passed House, Died in Senate. Statewide Water Management Plan. HR 1022 (Rep. Lynn Smith-R) Ratifies the Georgia Water Council’s Statewide Water Management Plan that was presented to the General Assembly for consideration. Status: Passed House, Passed Senate, SIGNED Water Conservation and Drought Relief Act. SB 342 (Sen. Chip Pearson - R) Empowers the State Soil and Water Conservation
Commission to assist cities and counties by tapping into federal
funding to cover 20 percent of the cost of obtaining permits for
improving existing Soil Conservation Service dams for reservoir
purposes, and up to 40 percent of the cost of obtaining a Section
404 permit for the construction of new public water supply
reservoirs. To streamline the permitting process, it requires the
EPD to provide a single collection of permit forms required to
construct water supply reservoirs and speed their review process.
Status:
Passed Senate, Passed House by Cmte. Substitute, Senate Agreed, Sent
to Governor. SIGNED State-wide Water Planning
Oversight Committee. SB 351
(Sen. Bill Cowsert – R) Creates a joint State-Wide Water Planning Oversight Committee, with
members appointed by the Governor, Lt. Governor and Speaker of the
House. Status: Passed
Senate, Died in House Natural Resources Cmte. Legislative Water Plan and DNR/EPD Oversight. SB 352 (Sen. Bill Cowsert -R) Amends the Administrative Procedures Act to allow
for legislative oversight (via the Senate and House Natural
Resources Committees) of any rule or regulation promulgated by the
Department of Natural Resources. DNR rules and regulations that are
required for compliance with federal statutes or regulations will
not be subject to this oversight.
Status: Passed
Senate, Passed House, Signed by the Governor. Remove Sunset Date- Removes the sunset date, Tire Disposal Fee Extended. SB 399 (Sen. Ross Tolleson-R) Collection of the tire disposal fee, which funds
the solid waste trust fund, is extended three years until Soil Erosion and Sedimentation. SB 420 (Sen. Chip Pearson-R) Exempts the Department of Transportation and its contractors from civil penalties levied for violations of soil erosion and sedimentation rules and regulations. Status: Passed Senate, Died House Transportation Cmte.
General Business Concealed Weapon/Guns in the Parking Lot. HB 89 (Rep. Tim Bearden-R)
This bill has morphed through the process and combines other bills
and new material. It now provides some language about where guns can
be carried and it addresses guns being brought to the parking lot at
work. It allows any property owner to have a policy against bringing
guns on their property.
Status: Passed House, Passed Senate with Amendments, Conference
Cmte. Report Passed by House and Senate, Sent to Governor.
SIGNED
State Agencies Annual Report to Legislature. HB 91
(Rep. Jill Chambers-R) Requires state agencies to deliver an annual
report to legislative leaders showing what they raised and spent
during the preceding fiscal year.
Status: Passed House,
passed Senate, sent to Governor. Vetoed by the Governor.
Status: Veto Override by the House. Now in Senate Rules.
Charitable Solicitations. HB 1104
(Rep. Katie Dempsey-R)
Revises certain definitions and provisions relating to registration
and other actions of paid solicitors, solicitor agents and
charitable organizations.
Status: Passed House, Passed Senate, Sent to Governor.
SIGNED
Solid Waste Collection Contracts. SB 154
(Sen. Jack Murphy-R)
Relates to general provisions applicable only to counties, municipal
corporations, and other governmental entities, so as to provide that
certain waste managements contracts shall be honored by
municipalities or other government entities; to provide for certain
restrictions on certain actions taken by local governments; and to
place certain requirements on solid waste collection firms.
Status: Passed Senate,
Passed House by Cmte. Substitute, Senate Agreed, Sent to Governor.
SIGNED
Mechanics and Materialmen
Liens. SB 374
(Sen. Dan Weber – R) Relates to mechanics and materialmen liens to set filing fees, define
terms and time periods for all related matters.
Status: Passed Senate. Passed House by Substitute, Senate Agreed,
Sent to Governor.
SIGNED Comprehensive Firearms Law
Study Cmte. SR 819
(Sen. Mitch Seabaugh-R) Creates the Senate Comprehensive Firearms Law Study Committee.
Status: Passed Senate.
Healthcare – General
Mental Health Advocate. HB 535 (Rep. Mark Butler-R) Creates a patient advocacy board and the position of Patient Advocate General to investigate fatalities, allegations of abuse, neglect, or improper treatment occurring in facilities operated by, subjection to certification by, or under contract with the Division of Mental Health. Status: Passed House, Passed Senate, Sent to Governor. SIGNED Sales Tax
Exemptions for Health Centers. HB 957 (Rep. To provide for an exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide for an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; and to extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations. Status: Passed House, Passed Senate, Sent to Governor. SIGNED Nurse Fingerprint Check. HB 1041 (Rep. Sharon Cooper-R) Georgia Registered Professional Nurse Practice Act requires fingerprint record checks for all registered professional nurse licensure applicants. Status: Passed House, Passed Senate with Senate Amendment, House Agreed, Sent to Governor. SIGNED Vaccinations to Hospital Patients 65 and Older. HB 1105 (Rep. Donna Sheldon-R) Requires hospitals to offer certain vaccinations
to inpatients aged 65 or older.
Status: Passed House,
Passed Senate by Cmte. Substitute, House Agreed, Sent to Governor.
SIGNED Health
Share' Volunteers in Medicine Act. HB 1222 (Rep. To revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met and that a health care practitioner that is under sanctions or restrictions shall not receive a special license. Status: Passed House, Passed Senate by Senate Substitute, House Agreed, Sent to Governor. SIGNED Medicaid
Care Management Organizations Act. HB 1234 (Rep. Relates to quality assessment fees on care management organizations, for purposes of conformity so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization. Status: Passed House, Passed Senate by Cmte. Substitute, House Agreed, Sent to Governor. SIGNED Council on Aging. SB 341 (Sen. Lee Hawkins-R) Assigns additional duties and powers to the council on aging and requires that the council produce reports on aging issues. Status: Passed Senate, Passed House by Cmte. Substitute, Senate Agreed, Sent to Governor. SIGNED Council for Rural & Human Services Transportation. SB 402 (Sen. Tommie Williams-R) Establishes the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both rural and urban areas of the state. Status: Passed Senate, Died in House Health Cmte. Georgia Health Marketplace. SB 404 (Sen. Tommie Williams-R) Establishes the Georgia Health Marketplace to
provide access to health care products for Uniform Anatomical Gift Act. SB 405 (Sen. Don Balfour) Revises current Anatomical Gift Act; who may make anatomical gifts and other regulations. Status: Passed Senate, Passed House by Cmte. Substitute, Senate Agreed, Sent to Governor. SIGNED Health
Savings Account High Deductible Plans SB 383 ( Would allow the Commissioner of Insurance to adopt
policies to encourage health savings account eligible
high-deductible plans in Safety-Net
Clinics. SB 395 (Sen. Provides grant program designed to effect a shift in non-emergency medical services for indigent and elderly patients from hospital ER’s to primary-care clinics. (Initiative of Lt. Gov. Cagle.) Status: Passed Senate, Died House Appropriations Cmte. Student Health and Physical Education Act. SB 506 (Sen. Joe Carter-R) To require local school systems to conduct physical fitness testing of students and to comply with state physical education instruction requirements; to provide for aggregate reporting of data; to provide for public inspection of such data; to establish a position within the Department of Education to coordinate activities relating to physical education. Status: Passed Senate, Died in House Health Cmte. Coverdell-Murphy Act. SB 549 (Sen. Don Thomas-R) Establishes a system of state-certified stroke centers (primary stroke centers and remote –treatment stroke centers). Status: Passed Senate, Passed House, Sent to Governor. SIGNED
Healthcare –
Pharmaceuticals Prohibit
Anti-epileptic Drug Substitution. HB 127 (Rep. Prohibit the substitution of anti-epileptic drugs except under certain conditions. Status: Passed the House, Died in Senate Rules Cmte. Prescription Drugs Sold by GA Companies Not Subject to Restrictions. HB 180 (Rep. Carl Rogers-R) To provide that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall not be subject to certain access restrictions or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare or other State Health Plan. Status: Passed the House, Passed Senate by Cmte. Substitute, House Agreed, Sent to Governor. SIGNED Drug Prior Authorization. HB 367 (Rep. Buddy Carter-R) Provide for 10-day supply until prior authorization issues can be resolved; insurance company must pay for the 10-day supply while seeking resolution. Status: Passed House, Passed Senate as Amended, Died in House.
Prescription Monitoring. HB 455 (Rep. To enact the Georgia Pharmacy Practice Act. HB 798. (Rep. Austin Scott-R) To provide for registration as a pharmacy benefits manager; to provide for the review of contracts; and to provide that a pharmacy benefits manager shall not intervene in the delivery of prescriptions. Status: Passed House, Died in Senate Rules Cmte. Prohibits Drug Substitution. HB
1042 (Rep.
Sharon Cooper – R) A pharmacist shall not engage in drug product selection or substitution as part of immunosuppressive therapy without first obtaining the consent of patient and of physician. Status: Passed House, Died in Senate Rules Cmte. Controlled Substances Bill. HB
1090 (Rep. Legislation updating lists of controlled substances and changing
definitions and provisions relating to “dangerous drugs.”
Status: Passed House, Passed Senate, Sent to Governor.
SIGNED Brain
Injury Study Cmte. SR 788 (Sen. Don Thomas-R). Creates the
Senate Study Committee on Brain Injury Related Neurobehavioral
Issues in
Healthcare – Trauma
Trauma Care Funding Sources. HB 1158 (Rep. Authorize the imposition of a $10 charge on motor vehicle registrations and the transfer of the moneys into the state treasury for the purpose of funding the Georgia Trauma Trust Fund. Also provides new priorities to the Georgia Trauma Network Commission on how they must distribute trauma funding. Status: Passed House, Passed Senate by Cmte. Substitute, Died in Conference Cmte. Super Speeder Fines to Fund Trauma Care. SB 125 (Sen. Ronnie Chance-R) Adds to fines for various serious traffic offenses for the ultimate purpose of helping to fund trauma care in the state. (Monies go to the general fund and must rely on the legislature to appropriate them to trauma care purposes.) Status: Passed Senate, Died in House Rules Cmte.
Taxes
Integrated Plant Theory. HB 237 (Rep. Chuck Martin-R) Exempts sales tax on all machinery and equipment that is necessary and integral to the manufacturing process. Status: Passed House, Passed Senate by Cmte. Substitute, House Agreed, Sent to Governor. SIGNED Sales Tax Exemption on Energy for Manufacturing. HB 272 (Rep. Jeff Lewis-R) Originally, this bill removed the state sales tax on energy used in the manufacturing process. The Sales Tax Subcmte. passed a substitute containing language capping the sales tax rate on energy used in the manufacturing process. Status: Passed House, Passed Senate by Cmte. Substitute, House Agreed, Sent to Governor. SIGNED Affordable Housing Tax Credits. HB 405 (Rep. Chuck Martin-R) Allows for Affordable Housing Tax Credits to become transferable. Status: Passed House, Died in Senate Finance Cmte.
Municipal Option Sales Tax. HB 410
(Rep. Bob Hanner-D) Provides for funding of projects and services
through the levy and collection of a municipal option sales and use
tax. Status: Passed
House, Died Senate Rules Cmte.
Georgia Tourism Development Act. HB 451 (Rep. Jeff Lewis-R) Provides for a program of tax refunds for
companies creating certain tourism attractions; to provide for a
short title; to define terms; to state legislative findings; to
provide for conditions of eligibility and approval by the Department
of Economic Development and a local government; to provide for
agreements between that department and companies; to provide for
regulations; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
Status: Vetoed in 2007.
House voted to override veto on Tax Credits for Historic Structures. HB 851 (Rep. Allen Peake-R) Relates to income tax credits for the certified rehabilitation of historic structures; to authorize the transfer or assignment of the tax credits; and to provide that proceeds received by the taxpayer for the assignment or sale of tax credits shall be exempt from taxation as income. Status: Passed House, Passed Senate, Sent to Governor. SIGNED Tax
Exemption on Nonprofit Job Training. HB 957 (Rep. Extends the sunset date on sales and use tax
exemption for certain qualified nonprofit job training organizations
to Extend Motor Fuel Tax Exemption for Transit. HB
1035 (Rep. Extends the current exemption from motor fuel tax
for transit vehicles in Teleworking Tax Credit Plus 10%
Income Tax Break.
HB 1244 (Rep. Chuck
Martin-R) Originally a teleworking tax credit bill from the House, it was amended
in the Senate with Lt. Gov. Cagle’s 10% cut in income taxes over a
five-year period. Status:
Passed House and Senate in different versions. Died in Conference
Cmte.
New GREAT Plan. (Restructured
by Senate) HR 1246 (Rep.
Glenn Richardson-R) This was the Speaker’s bill which originally
removed school ad valorem tax for homeowners and on personal
automobiles. However, it was radically changed in the Senate. It now
removes only the one-quarter mill state ad valorem tax. It also
limits property re-assessments at 2008 levels and prohibits the
General Assembly from increasing state spending by a percentage
greater than the annual growth in population and inflation.
Status: Passed House,
Passed Senate as Cmte. Substitute, Died in Conference Cmte.
Constitutional Amendment to Impose Spending Limits. SR 20
(Sen. Proposed amendment to the Constitution to provide
for limitations on state government taxation and expenditures.
Status: Passed Senate, Died in House Rules Cmte.
Freeze Values of Real Property. SR 686 (Sen. Eric Johnson-R) Constitutional Amendment in relation to ad valorem taxation, freezes values of existing residential real property. Status: Passed Senate, Died in House Ways and Means Cmte.
Transportation Weight of Vehicles and Loads.
HB 981 (Rep.
Mark Butler-R) Relates to weight of vehicles and loads so as to provide that concrete
haulers are entitled to the same weight variance granted to other
haulers. Status: Passed
House, Passed Senate, Pending with Governor.
SIGNED Create State Infrastructure Bank for Transportation Projects. HB 1019 (Rep. John Lunsford - R) Creates a revolving loan fund for local government
transportation projects. The legislation is modeled on similar banks
in 33 other states. Counties can apply for loans or other financial
assistance to accelerate needed transportation projects. Projects
can include roads, bridges, transit, rail, airports and
bicycle/pedestrian facilities. The Governor is recommending $50
million to initially capitalize the bank.
Status: Passed
House, Passed Senate by Substitute, House Agree to Substitute, Sent
to Governor.
SIGNED Design Build Procedure. HB 1124 (Rep. James Mills-R) Provides that GDoT attempt to award contracts to
qualified GDoT Strategic Plan. HB 1189 (Rep. Donna Sheldon-R) Requires GDoT Commissioner to submit a statewide strategic transportation plan to the Governor, Lt. Governor and the Speaker and other key legislators by January 1. Status: Passed House Transportation Cmte., Passed Senate Transportation Cmte, Sent to Governor. SIGNED Seat Belt Regulations. SB 86 (Sen. Don Thomas-R) Requires the use of seatbelts in pickup trucks. Status: Passed the Senate, Died in House Agriculture and Consumer Affairs Cmte. State Congestion Relief Fund. SB 410 (Sen. Doug Stoner-D) Authorizes the creation of a state congestion relief fund to be used for projects initiated by community improvement districts. Status: Passed Senate, Died in House Rules Cmte. Eliminate Cap on Design-build Contracts. SB 411 (Sen. Tommie Williams-R) Eliminates the Cap for awarding contracts under the design-build procedure. Status: Passed Senate, Died in House Transportation Cmte. DOT Must Develop Benchmarks, Issue Progress Reports. SB 417 (Sen. Jeff Mullis-R) Requires the DOT Commissioner to develop and publish benchmarks, issue reports on the progress of construction projects, perform value engineering studies, and other matters. Status: Passed Senate, Passed House by Cmte. Substitute, Senate Agreed, Sent to Governor. SIGNED Joint Human
Services Transportation Study Comm.
SR 154
(Sen. Jeff Mullis-R) Creates a commission to study the conditions, needs, issues, and problems of Human Services Transportation and recommend any action or legislation which the commission deems necessary or appropriate. Status: Passed Senate, Died House Rules Cmte. Transportation Funding – 1 Percent Local Option Sales Tax. SR 845 (Sen. Jeff Mullis-R) Proposing an amendment to the Constitution to provide for a one-percent local option sales and use tax to fund transportation projects and mass transit networks; to authorize the tax on a joint county and municipal basis or on a regional basis including multiple counties and cities. Status: Passed Senate, Passed House by Cmte. Substitute, Conference Cmte. Report passed House, Defeated in Senate. # # #
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