Committee action report [Mar. 2007]

COMMITTEE ACTION REPORT
Recess Week of March 5-9, 2007
Economic Development & Tourism
HB 291 - Georgia Council for the Arts; Georgia Arts Alliance; create - BILL SUMMARY: The bill creates the Georgia Arts Alliance that would serve to foster public private partnerships in the interests of the arts. The bill establishes a Board of Trustees for the Alliance. In addition by no later than June 1, 2008, the Department of Education, in conjunction with the Georgia Arts Alliance, shall develop and implement a Future Art and Music Teachers Pilot Program. The Future Art and Music Teachers Pilot Program shall provide, in at least six schools in this state, a program through which students in grades 11 and 12 may provide visual art and music instruction to students in kindergarten through grade six. - Authored By: Rep. Joe Wilkinson of the 52nd - Committee Action: Tabled
Education
HB 384 - Public school employees; disciplinary meetings; representation; provisions - BILL SUMMARY: This bill relates to public school employees and disciplinary meetings. The bill defines disciplinary meeting as any meeting with an employee that is related to a reprimand, demotion, contract nonrenewal, suspension, termination of employment, transfer, or any other change in an employee's compensation, status, or duties. The bill provides that except in an emergency, a supervisor, principal, or other administrator who initiates a disciplinary meeting with an employee shall provide written notice to such employee no later than three business days before the date of the meeting. In addition, an employee has the right to have a representative of the employee's choice present at a disciplinary meeting relating to the employee. Unless the employee's representative is present or the employee waives the right of representation in writing, the employee is not required to answer questions or make a statement at any disciplinary meeting relating to such employee, and shall not be penalized for a failure or refusal to answer questions or make a statement on such an occasion. It is the responsibility of an employee to notify the employee's chosen representative of the date, time, and location of a disciplinary meeting. - Authored By: Rep. Judy Manning of the 32nd - Committee Action: Do Pass by Committee Substitute
HB 559 - Health insurance; charter school teachers and employees; provisions - BILL SUMMARY: This bill relates to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees

of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel. - Authored By: Rep. Margaret Kaiser of the 59th - Committee Action: Do Pass by Committee Substitute
HB 603 - Education; secondary school teachers; alternative teaching certifications; provide - BILL SUMMARY: This bill provides for alternative teaching certifications for secondary school teachers. This would allow individuals with advanced degrees to teach in high schools. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass
Judiciary Non-Civil
HB 197 - Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal - BILL SUMMARY: Terminates the right of a defendant to have a sentence of 12 years or more reviewed by a three-judge panel. Current law provides that a defendant shall have the right to have a sentence of 12 or more years reviewed by a three-judge panel that will examine the sentence in light of the nature of the crime and the defendant's prior criminal record to determine whether it is excessively harsh. No new sentences will be reviewed as of July 1, 2007, except for those sentences imposed prior to July 1, 2007; those must be received by September 1, 2007; any sentence with a review pending as of September 1, 2007 shall have its review completed by November 1, 2008. The president of The Council of Superior Court Judges of Georgia will cause all administrative measures necessary to conclude the business of the three-judge panel to be completed no later than January 1, 2009. All documents related to the activities of the three-judge panel are to be transmitted to the Department of Archives and History and all equipment and supplies will be distributed to judges of the superior courts. Any fees or expenses due will be paid out of funds that are appropriated for the operation of the superior courts in FY 2009. - Authored By: Rep. Barry Fleming of the 117th - Committee Action: Do Pass by Committee Substitute
HB 257 - Firearms; public gatherings; allow constables to carry weapons - BILL SUMMARY: Changes provisions related to carrying deadly weapons at public gatherings to allow constables to lawfully carry pistols in publicly owned or operated buildings. Allows constables to carry weapons within school safety zones. - Authored By: Rep. John Yates of the 73rd - Committee Action: Do Pass
HB 301 - Dogfighting; prohibit; punishments; amend provisions - BILL SUMMARY: Prohibits owning or training a dog to fight. Prohibits causing dogs to fight; betting on a dog fight; knowingly permitting or aiding in a dog fight. A violation would be punished as a felony with a first offense punished by one to five years imprisonment and/or a $5000.00 fine and a second offense punished by one to ten years imprisonment and/or a $15,000.00. Attending a dogfight would be punished as a misdemeanor for a first offense and as a misdemeanor of a high and aggravated nature for a second offense. Dogs subject to fighting would be impounded. The Code section would not prevent husbandry, lawful dog shows, hunting with or training dogs to hunt, training dogs to work with livestock, training dogs to work with police, or owning a bona fide companion dog.

- Authored By: Rep. Bobby Reese of the 98th - Committee Action: Do Pass by Committee Substitute
HB 394 - Emergency 9-1-1 system; change provisions; Wireless Communications Security Act; enact - BILL SUMMARY: Creates the crime of unlawful conduct during 9-1-1 calls and punishes it as a misdemeanor with a fine of not more than $500 and up to 12 months in jail or both. Provides and amends definitions to account for changes in communications systems to include wireless phones and voice over Internet Protocol (VOIP) systems. Provides that the 9-1-1 Advisory Committee will meet at least three times per year to determine recipients of grants, study and evaluate statewide 9-1-1 systems, identify any changes necessary to make the system more effective, make recommendations as to training and to provide an annual report to the Georgia General Assembly by December 1 of each year. Authorizes telephone service suppliers to collect a $1.50 charge per service provided per month on behalf of local governments but this does not apply to wireless service subscribers or providers of such services. Creates a new Code section (OCGA 46-5-134.2) to authorize wireless service providers to charge a fee to each subscriber to support the Emergency 9-1-1 Assistance Fund The wireless fee will be assessed as follows: 3% of the wholesale price divided by 0.7 of each block of prepaid wireless service; or 3% of the suggested retail price of each block of prepaid wireless service; or divide the total wireless revenue earned in a calendar month by $50.00 and multiply that number by $1.50 whichever is greater. Requires uniform training of at least 16 hours for directors of public safety answering points. - Authored By: Rep. John Lunsford of the 110th - Committee Action: Do Pass by Committee Substitute
HB 395 - First offenders probation; status; clarify - BILL SUMMARY: With regard to first offender status upon a plea of guilty or nolo contendere a judge may defer further proceeding and either places the defendant on probation or sentence as provided by law. The court will only look at the defendant's record with GCIC prior to sentencing current law requires that the defendant also not be discharged without review of the GCIC record. Upon completion of sentence, expiration of sentence or release the defendant will be discharged without guilt. The probation department will notify the clerk of the proper court of the completion of the sentence. The Department of Corrections will notify the clerk of the offender's release. If the probation department or DOC fails to notify the clerk or if the probation department does not seek to have the offender adjudicated guilty due to a violation then offender will be exonerated and shall stand discharged after a hearing by the superior court to determine that the offender should be exonerated. When the clerk of the appropriate court is notified he or she shall make the discharge conspicuous using the language on page 2 at lines 32-36 of the bill. The clerk shall also forward the first offender status to GCIC, the Identification Division of the FBI and DOC. Once the discharge is entered it will not be expunged or destroyed. First offenders that are discharged will be completely exonerated. Records of first offenders will only be modified if they are adjudicated guilty. Records will not be disseminated by GCIC and will not be available to prospective employers or others. If the offender is adjudicated guilty the records can be disseminated. - Authored By: Rep. Jay Shaw of the 176th - Committee Action: Do Pass by Committee Substitute
HB 414 - DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete - BILL SUMMARY: An offender convicted of a first, DUI offense would have 120 days after

conviction or release in which to complete a DUI Alcohol or Drug Use Risk Reduction Program unless he came under the auspices of a DUI court in which case the requirement for the DUI risk reduction program would be waived. Current law provides for the completion of a DUI Alcohol or Drug Use Risk Reduction Program, but does not provide a time frame within which to complete the program. The bill was amended in sub-committee provide for offenders to either complete a DUI Alcohol or Drug Use Reduction Program or work within the DUI court system - Authored By: Rep. Johnny Floyd of the 147th - Committee Action: Do Pass by Committee Substitute
HB 571 - Superior courts; 9-1-1 call; family violence; revise definition - BILL SUMMARY: Adds obstructing or hindering the making of an emergency telephone call to the definition of "family violence" in OCGA 19-13-1 - Authored By: Rep. Pam Stephenson of the 92nd - Committee Action: Do Pass
HB 578 - State court proceedings; first time; death sentence; change certain provisions - BILL SUMMARY: Changes certain provisions related to first-time petitions challenging state court proceedings resulting in a death sentence. After the close of evidence the petitioner will have 90 days to file any brief, the respondent will have 60 days after the petitioner's brief to file a response, and the petitioner will have ten days after that to file any reply to respondent's brief. Upon a showing of good cause the court may grant either party an extension not to exceed 60 days. The judge will issue findings of fact within 120 days of the filing of respondent's brief or petitioner's reply, whichever is later. If the judge cannot issue findings of fact within 120 days he or she will provide an updated status report setting forth the reasons for the delay, and will update the report every 30 days. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute
HB 586 - Alternative attorneys; capital cases; counsel appointment and fees; change matters - BILL SUMMARY: Provides that in death penalty cases where the Office of the Capital Defender is unable to defend any qualified indigent person the presiding judge shall appoint a maximum of two attorneys to serve as counsel who will be paid by the Georgia Public Defender Standards Council at an hourly rate established by the Council. Allows a county governing authority to provide supplemental compensation. Allows the presiding judge to appoint only one additional attorney and provides that the county governing authority will pay that attorney with county funds at a rate established by the Council - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute
HB 662 - Juvenile proceedings; unruly children; detention; change certain provisions - BILL SUMMARY: Conforms Georgia law to federal law with regard to detaining status offenders and juveniles adjudicated unruly. Juveniles alleged unruly with no prior adjudications of unruliness will not be held in a detention center. Those juveniles who have prior adjudications of unruliness may be held for 24 hours and for an additional 24 hours after an initial court appearance. If the court finds at a probable cause hearing that the child has violated the conditions of a court order and has a record or there is evidence of failure to appear, violence or leaving a court ordered placement the court may detain the child pending a

hearing . The total detention may not exceed 72 hours. If the court finds beyond a reasonable doubt that the child committed the alleged acts it may conduct a hearing to determine whether the child is in need of treatment and may file findings of fact. If the court finds that the allegations have not been established it may order the child discharged. If the child is being held in foster care pending the hearing the court may conduct the hearing within 30 days of the adjudicatory hearing unless the court files findings of fact as to the need for the delay. - Authored By: Rep. Mary Margaret Oliver of the 83rd - Committee Action: Do Pass by Committee Substitute
HR 352 - House Study Committee on Eyewitness Identification Procedures; create - BILL SUMMARY: Creates a study committee to study the needs, conditions, issues and problems associated with eyewitness identification. The study committee will make recommendations regarding best practices for eyewitness identification procedures and evidentiary standards for admissibility of eyewitness identifications. The members of the committee will be five members of the House appointed by the Speaker. - Authored By: Rep. Stephanie Benfield of the 85th - Committee Action: Do Pass by Committee Substitute
Transportation
HR 245 - Recycling services; commend; encourage highway construction to use recycled products - BILL SUMMARY: Resolution commending Georgia's recycling and composting services and encouraging the Georgia Department of Transportation to use recycled products in highway construction. - Authored By: Rep. Judy Manning of the 32nd - Committee Action: Do Pass by Committee Substitute
HR 423 - Billy Lancaster Memorial Highway; dedicate - BILL SUMMARY: A resolution honoring Billy Lancaster by dedicating the portion of SR 42 from the City of Forsyth to the entrance to Indian Springs State Park, in Butts and Monroe Counties, as the Billy Lancaster Memorial Highway. - Authored By: Rep. Jim Cole of the 125th - Committee Action: Do Pass by Committee Substitute
* Bills will be reported to the Clerk's Office when the House reconvenes on Monday, March 19.