Daily report [Feb. 20, 2007]

MEMBER SERVICES
Coverdell Legislative Office Bldg. Suite 609 Phone: (404) 656-0305

TOMORROW'S FORECAST
* The House will reconvene for its 23rd Legislative Day on Wednesday, February 21, at 10:00 AM. * 4 bills are expected to be debated on the floor.

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DAILY REPORT

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RULES CALENDAR
HB 134 - Local governments; bid bonds; cash; change certain provisions
- BILL SUMMARY: The Bill provides that local governments may accept irrevocable letters of credit issued by a bank or savings and loan association in lieu of a bid bond which does not exceed $750,000. Under current law the bid bond ceiling in lieu of such letters of credit is $300,000. - Authored By: Rep. Terry England of the 108th - House Committee: Intragovernmental Coordination - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 0
HB 136 - Public policy; contract of insurance; indemnification; provisions
- BILL SUMMARY: The implementation of House Bill 136 will close a loop-hole in the current Code Section 13-8-2, which currently allows contracts of insurance to indemnify, or hold harmless, parties for damages arising in bodily injury or property damage due to a party's sole negligence. This bill specifically applies to "a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances." - Authored By: Rep. Mike Coan of the 101st - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 156; Nays: 4
HB 153 - Juveniles; Division of Family and Children Services; provide certain requirements
- BILL SUMMARY: HB 153 seeks to provide additional judicial oversight in regards to the deprivation of juveniles. The new language requires DFACS to give a notice to the court, child, parents, guardians, and attorneys of record, five (5) days prior to the placement change of a child. All parties involved will have the right to request a hearing in regards to the change in location of the child. Exceptions will be made regarding emergency cases, where only the court shall be notified. - Authored By: Rep. Barry Loudermilk of the 14th - House Committee: Judiciary - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 164; Nays: 0
HB 168 - Associate juvenile court judges; appointment; change qualifications
- BILL SUMMARY: Amends qualifications for juvenile court judges to require that each associate juvenile court judge have the same qualifications as required for a juvenile court judge, including being at least 30 years old, having been a citizen of the state for at least three years and having practiced law for at least five years. - Authored By: Rep. Robert Mumford of the 95th - House Committee: Judiciary Non-Civil - Rule: Open

- Amendments(s): N/A - Yeas: 157; Nays: 5
HB 239 - Board of Natural Resources; rules; game and fish criminal violations; change certain provisions
- BILL SUMMARY: This bill updates certain date references to align Georgia code with dates that exist in rules and regulations adopted by the Georgia Board of Natural Resources. For example, the Board is authorized to set hunting seasons by rule; as such, it is necessary to periodically re-align the code with the Board's season dates to ensure effective enforcement. - Authored By: Rep. Bob Lane of the 158th - House Committee: Game, Fish, & Parks - Rule: Open - Amendments(s): N/A - Yeas: 163; Nays: 0
* The House will reconvene Wednesday, February 21, at 10:00 AM, for its 23rd Legislative Day of the 1st Regular Session of the 149th General Assembly.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 23rd Legislative Day, Wednesday, February 21, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
HB 155 - Human Resources, Department of; personal care home owners; criminal history; permit
- BILL SUMMARY: HB 155 calls for mandatory criminal background checks for owners of "personal care homes, private home care providers, community living arrangements, and child welfare agencies." This bill makes it unlawful for an owner to operate any of the previously stated small businesses with a criminal record. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Judiciary - Rule: Open
HB 192 - Transportation, Department of; contracts; provisions
- BILL SUMMARY: This bill will amend Code Sections 32-2-61, 32-2-70, 32-4-63, 32-4-69, 32-4-113, and 32-4-119 by changing the dollar amounts used in the Code Sections relating to expenditures in DOT projects/bids to $100,000.00. Code Section 32-4-67 is amended by revising subsection (a) to state that no bid other than a bid solely for engineering or other kinds of professional services will be considered without a proposal guaranty to the county. Code section 32-4-119 also adds the language "other than a contract solely for engineering or other professional services" to its introduction. - Authored By: Rep. Vance Smith of the 129th - House Committee: Transportation - Rule: Open
HB 233 - Long-term Care Facility Resident Abuse Reporting Act; change definition
- BILL SUMMARY: Adds to the definition of the term "exploitation" in Code Sections 30-5-3 and 31-8-81 to include the improper use of a disabled or elder person's resources and/or property through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means - Authored By: Rep. David Ralston of the 7th - House Committee: Judiciary Non-Civil - Rule: Open
HB 318 - Public Retirement Systems Investment Authority Law; change certain provisions
- BILL SUMMARY: This bill relates to the Public Systems Investment Authority Law. The bill: Allows large retirement systems to invest up to 20% (currently 10%) in foreign companies; Amends current law to allow large retirement systems to invest in real estate investments trusts that are organized as business corporations or unincorporated trusts (currently code refers only to corporations); and Allows a U. S. company that is incorporated outside of the U.S. to be classified as a domestic company for investment

purposes by clarifying which corporations is domestic and which are foreign in conformity with federal securities laws as regulated by the Securities and Exchange Commission. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Retirement - Rule: Open
CONSENT CALENDAR
HR 146 - Bohler, Dr. Charles Emory; designate portions of SR 26
- BILL SUMMARY: Resolution designating portions of State Route 26 in Bulloch County in honor of the memory of Dr. Charles Emory Bohler. Portion to be designated from the eastern city limits of Brooklet to the eastern city limits of Statesboro. This portion will be named the Dr. Charles Emory Bohler Highway. - Authored By: Rep. Bob Lane of the 158th - House Committee: Transportation - Rule: Open
HR 147 - Erk Russell Highway; designate portions of SR 26
- BILL SUMMARY: Resolution honoring the memory and achievements of Coach Erskine "Erk" Russell by designating portions of State Route 26 in Bulloch County as the Erk Russell Highway. - Authored By: Rep. Bob Lane of the 158th - House Committee: Transportation - Rule: Open
* The Rules Committee will next meet on Wednesday, February 21, at 9:00 AM, to set the Rules Calendar for the 24th Legislative Day.
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COMMITTEE ACTION REPORT
Higher Education
HB 63 - Georgia Student Finance Authority; direct loans; certain students; provisions
- BILL SUMMARY: Creates a new loan program to be titled the Student Incentive Grant. The grant would require a minimum GPA of 2.5. The interest rate for the loan would be 1%. No more than $10,000 could be borrowed annually. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass by Committee Substitute
HB 152 - HOPE scholarships; home study course; provisions
- BILL SUMMARY: The bill would allow students who are home schooled and score within the 90th percentile on the SAT/ACT to receive the HOPE scholarship. The bill was amended in full committee to allow students reaching within the 85th percentile to receive the scholarship and the words home study were stricken throughout the bill to allow for Christian and unaccredited school students to qualify. - Authored By: Rep. John Lunsford of the 110th - Committee Action: Do Pass by Committee Substitute
HB 243 - HOPE scholarships; eligible postsecondary institution; revise definition
- BILL SUMMARY: This bill revises the definition of "eligible postsecondary institution" by eliminating institutions controlled by local boards of education. Additionally, the bill provides that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass by Committee Substitute
HR 246 - Board of Regents; urge to establish intercollegiate wrestling programs
- BILL SUMMARY: This resolution urges the Board of Regents to establish programs for intercollegiate wrestling. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass
SB 68 - Career Academies Act; disbursement of funds by the State Board of Technical and Adult Education; charter schools
- BILL SUMMARY: This bill, entitled the Career Academies Act of 2007, would give the Department of Technical and Adult

Education the authority to provide start-up funds for charter schools who would like to become a Career Academy. A Career Academy is a charter school that has established a special relationship between a local board of education, or a group of local boards of education in cooperation, and a local technical college as charter petitioners and approved by the State Board of Education. - Authored By: Sen. Dan Weber of the 40th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 408 - Insolvency funds exclusion; certain companies; provide exception
- BILL SUMMARY: This bill allows association or industrial insured captive insurance companies that issue workers' compensation insurance contracts to join and receive benefits from the Georgia Insurance Insolvency Pool. It becomes effective January 1, 2008. - Authored By: Rep. Tom Knox of the 24th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 139 - Estates and wills; descent and distribution; provisions
- BILL SUMMARY: HB 139 prohibits parents who have abandoned their child from all rights of inheritance and from administering the minor child's estate. This bill creates a new definition of "abandon" and "abandonment." - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass by Committee Substitute
HB 156 - Human Resources, Department of ; child support collections fees; authorize
- BILL SUMMARY: HB 156 addresses the need to pay federal fees imposed upon states for child support recovery collections. This bill calls for the payment of imposed federal fee through a twenty-five dollar deduction from the custodial parent. The custodial parent must be considered a "never TANF" recipient. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Failed
HB 221 - Professional malpractice charges; affidavit; change certain provisions
- BILL SUMMARY: HB 221 will require an affidavit for an entity being sued in a professional malpractice case. - Authored By: Rep. John Heard of the 104th - Committee Action: Do Pass by Committee Substitute
HB 319 - District attorneys; increase annual salaries
- BILL SUMMARY: HB 319 sets forth to raise the annual base salary of District Attorneys from $107,905.00 to $127,900.00. - Authored By: Rep. Barry Fleming of the 117th - Committee Action: Do Pass
Regulated Industries
HB 144 - Motor vehicles; used; sale or advertising; change certain exceptions
- BILL SUMMARY: This bill relocates the substantive provisions of O.C.G.A. 43-47-8.1 with some minor modifications from Title 43 (Professions and Businesses) to Title 40 (Motor Vehicles and Traffic) in order to make it accessible by law enforcement officers from their mobile computers. Modifications include: Corrections of references to the chapters. Language to ensure that persons with "For Sale" signs on their vehicles who pay and park in commercial parking facilities for legitimate reasons unrelated to the sale of such vehicles are not punished. Language that imposes misdemeanor punishment for violations of the Code section which is the same as in existing law under O.C.G.A. 43-47-22 - Authored By: Rep. Bobby Reese of the 98th - Committee Action: Do Pass by Committee Substitute
HB 224 - State Licensing Board for Residential and General Contractors; change certain provisions
- BILL SUMMARY: This bill amends Code Section 4-41-3 of O.C.G.A. relating to creation of the State Licensing Board for Residential and General Contractors by increasing the number of members appointed to the Board from 14 to 15 and by providing for redistribution of its members. This bill also requires all residential contractor and general contractor members of the Board to be licensed under this chapter effective January 1, 2008. - Authored By: Rep. Mark Burkhalter of the 50th - Committee Action: Do Pass by Committee Substitute

HB 330 - Georgia State Board of Pharmacy; registry of pharmacy technicians; establish
- BILL SUMMARY: This bill requires the Georgia State Board of Pharmacy to establish a process of maintaining a registry of pharmacy technicians. The updated information on the pharmacy technicians will be provided to the board by the pharmacist in charge of that pharmacy. The board will be allowed to collect fees from pharmacy technicians for maintaining the registry. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
HB 393 - Farm wineries; licensing; change certain provisions
- BILL SUMMARY: This bill revises Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and wholesale sales. Redefines a `farm winery' as a winery, which makes at least 40% of its annual production from agricultural produce grown in its home state, has at least one tasting room, and produces less than 100,000 gallons/ year. Defines a `domestic farm winery' as a farm winery, which is located and licensed in GA and is owned and operated by persons who produce a substantial portion of GA agricultural produce as determined by commissioner. Allows the commissioner to authorize domestic farm winery:
To sell its wine or the wine of any other GA licensed farm winery at retail in a tasting room or other facility on premises of the winery for consumption on or off premises, and at retail in tasting rooms at 5 additional locations in the state.
To sell (where lawful) distilled spirits, malt beverages and wine, purchased by winery from a licensed wholesaler at wholesale price for consumption on premises at facilities located either on the premises of the winery or the property adjacent to it and owned by the winery or its affiliate, or in tasting rooms of the winery. Allows domestic farm wineries to:
Sell/deliver/ship its wine to other domestic farm wineries inside state Acquire/receive shipments of wine from farm wineries inside state Receive shipments of wine in bulk from out-of-state producers not in excess of 20% of its annual production Allows farm wineries to sell up to 24,000 gallons/ year of its wine at wholesale within GA. Allows farm wineries located outside GA are to ship wine in bulk to domestic farm wineries
This bill also adds a new Code Section 3-6-31.1
Allows farm wineries to obtain a special order shipping license in order to ship wine directly to the consumers in this state. The consumers must purchase wine while at the farm winery with affirmation of the consumer's appropriate age and may receive a maximum of 20 cases of wine per consumer or address per year within 5 year period. Farm winery special order shipping license applies only to consumers not to sellers of alcoholic beverages. Package must be marked as containing alcoholic beverages and the signature of adult obtained on delivery. Violations will be punished by revocation of a farm winery special order license or by disciplinary action as determined by the commissioner. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
Ways & Means
HB 78 - Bona fide conservation use property; additional acts; provisions
- BILL SUMMARY: HB 78 amends the code section relating to bona fide conservation use property to provide that agri-tourism is an act which shall not constitute a breach of a conservation use covenant. The bill defines "agri-tourism" as charging admission for persons to visit, view, or participate in the operation of a farm or dairy or production of farm or dairy products for entertainment or educational purposes, or selling farm or dairy products to persons who visit such farm or dairy. Bona fide conservation use property is assessed at 40% of its current use value (vs. fair market value) for ad valorem tax purposes, and no property can maintain its eligibility for current use assessment unless a valid covenant remains in effect and is not breached. - Authored By: Rep. Richard Royal of the 171st - Committee Action: Do Pass by Committee Substitute
HB 128 - Sales and use tax; certain school items; clothing; provide exemption
- BILL SUMMARY: HB 128 provides for the 2007 sales tax holidays for school supplies and for energy efficient products. The bill amends the code section providing the sales tax exemption for school supplies and related objects, in 48-8-3 (75)(A), by changing the dates to August 2, 2007 through August 5, 2007. The products which will be exempt during this time are clothing and footwear with a sales price of $100 or less, computers and computer accessories with a sales price of $1500 or less, and general school supplies with a sales price of $20 or less. HB 128 amends the code section providing the sales tax exemption for energy efficient products, in 48-8-3 (82)(A), by changing the dates of the sales tax exemption to October 4, 2007 through October 7, 2007. The products which will be exempt during this time are energy efficient products with a sales price up to $1500 which are purchased for home or personal use. These products may include dishwashers, clothes washers, air conditioners, ceiling fans, fluorescent light bulbs, dehumidifiers, refrigerators, etc. - Authored By: Rep. Lynn Smith of the 70th

- Committee Action: Do Pass
HB 162 - Sales and use tax; performing arts amphitheater facilities; provide exemption
- BILL SUMMARY: The purpose of HB 162 is to allow the Atlanta Symphony Orchestra a sales tax exemption in connection with construction of a performing arts facility in Alpharetta. HB 162 creates a sales tax exemption for sales of tangible personal property to or used in direct connection with the construction of a performing arts amphitheater facility owned or operated by a non-profit, for the time period of June 1, 2007 through June 30, 2008. Such a facility would be required to have costs in excess of $30 million and more than 60,000 square feet of space, and must have associated facilities including parking. This exemption applies only to facilities which are constructed after the effective date of this bill. - Authored By: Rep. Charles Martin of the 47th - Committee Action: Do Pass by Committee Substitute
HB 357 - Revenue and taxation; define certain terms; provisions
- BILL SUMMARY: The purpose of HB 357 is to conform to certain provisions of the Internal Revenue Code which were adopted by the federal government late in 2006. On December 20, 2006, the Federal Tax Relief and Health Care Act of 2006 was signed into law. The bill extended certain provisions into 2006 that were previously set to expire at the end of 2005. Unless Georgia legislation on this Act is passed now, these tax provisions will not apply for Georgia 2006 tax returns, and taxpayers will be required to make a number of state-level adjustments to their federal AGI which is the starting point for the Georgia return. This will be a significant additional burden for taxpayers, preparers, and Department of Revenue administrators. The effect of passing this bill is to provide tax relief estimated at $7 Million over the period from 2007 to 2008. The following are the main provisions that will affect Georgia citizens and businesses for the 2006 tax year: oThe above-the-line deduction for higher education expenses was reinstated. oThe up-to-$250 above-the-line deduction for out-of-pocket educator classroom expenses was reinstated. oThe research and development tax credit was reinstated. oThe work opportunity tax credit (now combined with the welfare-to-work credit) was reinstated. oFifteen-year depreciation for qualified leasehold improvements and for qualified restaurant improvements (rather than 39 years) was extended for two years. oElection to expense qualified environmental remediation costs is reinstated. oArcher Medical Savings Account program is extended through 2007. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE BROADCAST SCHEDULE

Wednesday, February 21, 2007

8:00 AM - 9:00 AM

Financial Institutions - Services & Regulations - Oversight Subcommittee (Banks & Banking)Mtg.

9:00 AM - 10:00 AM House Rules Committee Mtg.

9:00 AM - 10:00 AM Budget & Fiscal Affairs Oversight Committee Mtg.

1:00 PM - 2:30 PM Ways & Means Public and Policy Subcommittee Mtg.

1:00 PM - 1:30 PM Charter Schools (Education) Subcommittee Mtg.

1:00 PM - 1:30 PM Driver Safety & Services (Motor Vehicles) Subcommittee Mtg.

1:00 PM - 3:00 PM House Appropriations Economic Development Subcommittee Mtg.

1:00 PM - 1:30 PM Insurance Committee Mtg.

1:30 PM - 2:30 PM Tags & Titles (Motor Vehicles)Subcommittee Mtg.

2:00 PM - 3:30 PM Appropriations General Subcommittee Mtg.

2:00 PM - 3:30 PM House Judiciary (Non-Civil) Subcommittee One Mtg.

606 CLOB
341 CAP 415 CLOB 133 CAP 515 CLOB 415 CLOB 606 CLOB 216 CAP 415 CLOB 506 CLOB 132 CAP

2:00 PM - 3:00 PM 2:00 PM - 5:00 PM 2:00 PM - 5:00 PM 2:30 PM - 3:30 PM 3:00 PM - 6:00 PM 3:00 PM - 4:00 PM 3:00 PM - 4:00 PM 3:00 PM - 4:00 PM 3:30 PM - 4:30 PM 4:00 PM - 5:00 PM

State Institutions & Property Committee Mtg. House Appropriations Special Projects Subcommittee Mtg. House Appropriations Health Subcommittee Mtg. House Appropriations Public Safety Subcommittee Mtg. School Choice (Education) Subcommittee Mtg. Retirement Committee Mtg. Transportation Committee Mtg. Children & Youth Subcommittee on Peach Care Mtg. House Judiciary (Non-Civil) Committee Mtg. Election Subcommittee Mtg. (Governmental Affairs Committee)

406 CLOB 403 CAP 341 CAP 415 CLOB 515 CLOB 403 CAP 606 CLOB 406 CLOB 132 CAP 415 CLOB

* This schedule is accurate at the time of this report, but meeting dates and times are subject to change. To view the most up to date meeting schedule, please visit http://www.legis.ga.gov and click on Meeting Notices. To view the live streaming video of the meeting, please visit the Georgia Legislative Network website.
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CONTACT: BRENT CRANFIELD
(404) 656-0305 Brent.Cranfield@house.ga.gov