Daily report [Feb. 22, 2007]

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

TOMORROW'S FORECAST
* The House will reconvene for its 24th Legislative Day on Thursday, February 22, at 10:00 AM. * 1 resolution is on the Rules Calendar for Thursday.

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RULES CALENDAR
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 - Amendments(s): N/A - Yeas: 161; Nays: 8
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. While changing the amounts negotiable at the state level, this bill will allow counties and cities to operate as they do now. - Authored By: Rep. Vance Smith of the 129th - House Committee: Transportation - Rule: Open - Amendments(s): N/A - Yeas: 167; Nays: 0
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 - Amendments(s): N/A - Yeas: 168; Nays: 0
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 - Amendments(s): AM - Rep. May - Adopted; AM - Rep. Sims - Adopted - Yeas: 87; Nays: 81
- This Bill `Failed' to receive a constitutional majority, however, a Motion to Reconsider was made and that motion will be taken up on the next legislative day.
* The House will reconvene Thursday, February 22, at 10:00 AM, for its 24th 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 24th Legislative Day, Thursday, February 22, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
HR 57 - Elbert County; conveyance of certain state owned real property; authorize
- BILL SUMMARY: A resolution authorizing the conveyance of certain state owned real property in Elbert County, Georgia. The state of Georgia is the primary owner of the real property in Elbert County and all matters relating to the real property by acting through its State Properties Commission. - Authored By: Rep. Tom McCall of the 30th - House Committee: State Institutions & Property - Rule: Open
* The Rules Committee will next meet on Thursday, February 22, at 9:00 AM, to set the Rules Calendar for the 25th Legislative Day.
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COMMITTEE ACTION REPORT
Budget and Fiscal Affairs Oversight
HB 368 - Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner
- BILL SUMMARY: This legislation allows the Commissioner of Public Safety to buy and sell used motor vehicles. Sale proceeds will go towards the purchase of new vehicles when deemed necessary by the Board of Public Safety. HB 368 exempts these sales from the Georgia Code relating to the sale of surplus state property, and therefore, does not need additional approval from the executive branch. - Authored By: Rep. Doug Collins of the 27th - Committee Action: Do Pass
Energy, Utilities & Telecommunications
HB 107 - Municipal government; additional requirements; certain franchise fees; provisions
- BILL SUMMARY: HB 107 will amend the Official Code of Georgia Annotated relating to general powers regarding administration of municipal government and additional requirements with respect to certain franchise fees. The power to grant franchise fees to or make contracts with railroads, street railways, or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, and other public utilities for the use and occupancy of the streets of the city, for the purpose of rendering utility services will be up to the governing authority of the municipal corporation and the Constitution and general laws of the state. Fees paid by the utilities or companies as a result of franchise agreements will not be included in the system wide rate base of any utility or company. The fees will be charged exclusively to the customers located within the municipal corporations imposing fees and shall be itemized on the bills or invoices given to municipal customers for utility services rendered.

- Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass by Committee Substitute
HB 227 - Consumer Choice for Television Act; enact
- BILL SUMMARY: The Consumer Choice for Television Act will stimulate Cable TV competition. A statewide franchise would add an additional option to the local franchising process currently in place. The cities/counties equitably by preserving franchise fees of up to 5% of gross revenues, preserving the local franchising process as an option for providers, allowing their continued local regulation of the right-of-way, preserving the ability of local governments to run Public, Educational, and Government (PEG) channels on the new networks, and allowing local governments to handle customer complaints. The holder of a state franchise shall comply with the customer service standards set forth by federal law. Each affected local governing authority shall receive and handle complaints from subscribers of the holder of a state franchise that reside in the affected local governing authority's jurisdiction. The Secretary of State's office shall conduct a rulemaking to establish uniform rules pursuant to which an affected local governing authority may resolve subscriber complaints and to establish any uniform procedures necessary to implement subsection (c) of Code Section 36-76-11. - Authored By: Rep. Jeff Lewis of the 15th - Committee Action: Do Pass by Committee Substitute
Industrial Relations
HB 443 - Employment security; employment; change definition; provisions
- BILL SUMMARY: Adds to the exceptions for services deemed to be employment in subsection (f) of OCGA 34-8-35 that the services are the subject of an SS-8 determination by the IRS, which decided against employee status and to the exceptions in subsection (n) of the same Code section services performed for a common carrier or property, persons or property and persons; extends suspensions of the adjustments based upon the State-wide Reserve Ratio to December 31, 2009; changes the number by which weekly amount adjustments are calculated from 44 to 42 the two highest quarters of wages paid in the base period will be divided by 42; currently it is divided by 44, and the alternative computation number is lowered from 22 to 21. In benefit years beginning on or after July 1, 2007, if the weekly amount would be more than $26.00 but less than $44.00, the weekly amount will be $44.00 and no amount will be less than $44.00; for claims filed after July 1, 2007, the weekly benefit amount will not exceed $330.00. Appropriates an additional $1,885,551.11 to the Department of Labor to be used for expenses incurred in the administration of the Employment Security Law. - Authored By: Rep. Mike Coan of the 101st - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 473 - Banks County; board of commissioners; change compensation
- BILL SUMMARY: A Bill to change the salary of the members of the Banks County Commission. - Authored By: Rep. Jeanette Jamieson of the 28th - Committee Action: Do Pass
HB 477 - Richland, City of; new charter; reincorporate and provide
- BILL SUMMARY: A Bill to provide a new charter for the City of Richland. - Authored By: Rep. Bob Hanner of the 148th - Committee Action: Do Pass
HB 480 - Norcross, City of; manager-council government; change to
- BILL SUMMARY: A Bill to change the form of government in the City of Norcross from a mayor-council form of government to a city manager-council form of government and to provide for the duties and powers of the position. - Authored By: Rep. Pedro Marin of the 96th - Committee Action: Do Pass
HB 482 - Bryan County; county surveyor; abolish office
- BILL SUMMARY: A Bill to abolish the elected office of county surveyor in Bryan County and to provide for appointment to the office by the county commission. - Authored By: Rep. Bob Lane of the 158th - Committee Action: Do Pass
HB 483 - Lilburn, City of; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize the City of Lilburn to exercise all redevelopment powers as permitted under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Clay Cox of the 102nd

- Committee Action: Do Pass
Judiciary Non-Civil
HB 50 - Interstate Compact for Juveniles; enact; repeal previous compact
- BILL SUMMARY: This bill creates a new Compact to replace the existing Interstate Compact for Juveniles which has provisions for dealing with runaways, absconders or escapees in Georgia law. It creates a Commission that upon passage by 35 states will create rules that will have the force of law in member-states. The bill does not include provisions for dealing with runaways, absconders or escapees. The Interstate Commission will be a joint agency of compacting states and will work in concert with a new State Council for Interstate Juvenile Supervision to oversee the administration and operations of the interstate movement of juveniles subject to the compact. Thus far, 31 states have passed the new Compact. - Authored By: Rep. Ronald Forster of the 3rd - Committee Action: Tabled
HB 270 - Juvenile proceedings; appointment of guardian ad litem; change provisions
- BILL SUMMARY: Revises definitions related to a Court Appointed Special Advocate or "CASA" to provide that a CASA will be a community volunteer who is trained, screened and supervised by the court, and has been appointed a guardian ad litem by the court in a juvenile deprivation proceeding. The CASA will be sworn in by a juvenile court judge and will not be assigned a case before being sworn in. CASAs will be appointed as early as possible in the proceedings by a signed order and his or her duties will be to advocate for the best interests of the child. As an advocate for the child the CASA will be notified of all court proceedings and will have access to all records and information relevant to the child's case; the CASA's right to access those records will be as broad as any attorney's rights. CASA's will be immune from liability and can be removed by the court for nonparticipation or for acting in a manner contrary to the child's best interest or if the court deems further service unnecessary. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute
HB 286 - Controlled substances; Schedule II and V; change certain provisions
- BILL SUMMARY: This bill updates lists of controlled substances in order to put Georgia in line with federal law with regard to new FDA drug regulations. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
HB 316 - Public Service Commission; towing of certain vehicles; provide
- BILL SUMMARY: Gives concurrent jurisdiction to cities and counties to regulate tow trucks operating wholly within cities. The Public Service Commission (PSC) regulates tow trucks in counties, but if a truck operates wholly within a city's limits it is not subject to those regulations; this will eliminate loopholes and require city tow trucks to have insurance, register with the PSC and be subject to the same regulations (including maximum tariff rates) as tow trucks that operate in counties or cities and counties. - Authored By: Rep. David Ralston of the 7th - Committee Action: No Action Available
Retirement
HB 448 - Retirement; term life insurance; certain eligible persons; establish two funds
- BILL SUMMARY: This bill requires the State Employees' Assurance Department to split the existing group term life insurance fund into two separate funds: the Retired and Vested Inactive Members Trust Fund and the Active Members Fund, in order to put the law in compliance with the new accounting requirements. - Authored By: Rep. Ben Bridges of the 10th - Committee Action: Do Pass by Committee Substitute
State Institutions & Property
HB 313 - Georgia Correctional Industries Administration; certain inmate work programs; clarify
- BILL SUMMARY: A bill related to voluntary inmate labor programs. This bill will clarify that the Georgia Correctional Industries

Administration has authority to administer and manage certain inmate work programs, and to publicize and invite employers to participate in such inmate work programs. - Authored By: Rep. Terry Barnard of the 166th - Committee Action: Do Pass
Transportation
HB 202 - Transportation, Department of; contractors; eligibility; provisions
- BILL SUMMARY: This bill will amend Chapter 10 of Title 13 of the OCGA by adding a new Article 4 to say that a contractor found to be more than 25% behind in the performance of any combination of state public works construction contracts or DOT construction or maintenance contracts based on final determination that the delay was the fault of the contractor will not be eligible to bid on any additional state public works or DOT contracts until the performance is brought current or completed. The determination of whether the contractor is behind and the cause of the delay will be made in accordance with the applicable terms and provisions in such contracts. Before the final determination is made, the contractor may appeal the determination de novo in the applicable court. Article 4 of Chapter 2 of Title 32 will be amended by adding a new Code Section 32-2-66.1 to read the way the new Article 4 in Chapter 10 of Title 13 reads. - Authored By: Rep. Ben Harbin of the 118th - Committee Action: Do Pass
HR 14 - Walter E. "Eddie" Elder Interchange; Barrow County; dedicate
- BILL SUMMARY: This resolution intends to honor the memory and accomplishments of Walter E. Elder by dedicating the interchange of Georgia Highway 8 and Midland Avenue in Barrow County as the Walter E. "Eddie" Elder Interchange. - Authored By: Rep. Terry England of the 108th - Committee Action: Do Pass by Committee Substitute
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

Thursday, February 22, 2007

8:00 AM 9:00 AM

Science & Technology Committee Mtg.

506 CLOB

8:00 AM 9:00 AM

Natural Resources & Environment Committee Mtg.

606 CLOB

8:30 AM - Children Health Issues Subcommittee (Health & Human 9:30 AM Services) Mtg.

132 CAP

8:30 AM 9:30 AM

Children Health Issues Subcommittee

132 CAP

9:00 AM 10:00 AM

House Rules Committee Mtg.

341 CAP

9:00 AM 11:00 AM

Environmental Quality Subcommittee Mtg.

606 CLOB

9:00 AM 10:00 AM

Life & Health Subcommittee of Insurance Committee

415 CLOB

11:00 AM 11:30 AM

House Judiciary (Civil) (Subcommittee One Mtg.

132 CAP (Immediately following full Judiciary Committee Mtg.)

11:30 AM - Ways and Means Income Tax Subcommittee

133 CAP (upon adjournment)

1:00 PM

12:00 PM 1:00 PM

Motor Vehicles Committee Mtg.

406 CLOB or (12:00pm or UPON ADJOURNMENT, whichever is later)

1:00 PM 2:00 PM

Mental Health, Mental Retardation, Alcohol & Substance Abuse Subcommittee (Health & Human Services) Mtg.

415 CLOB

1:00 PM 2:00 PM

Insurance Committee Meeting

406 CLOB

1:00 PM 2:30 PM

Banks and Banking

606 CLOB

1:30 PM 3:00 PM

General Health Subcommittee (Health & Human Services) Mtg.

506 CLOB

2:00 PM 3:00 PM

Health & Human Services Committee Mtg.

606 CLOB

2:00 PM - House Appropriations Human Resources Subcommittee 4:00 PM Mtg.

341 CAP

2:00 PM 4:00 PM

House Judiciary Civil Committee

132 CAP (or upon adjournment, whichever is later)

2:00 PM 3:00 PM

Education

406 CLOB

3:00 PM 6:00 PM

House Judiciary (Non-Civil) Committee Mtg.

515 CLOB

3:00 PM 5:00 PM

Governmental Affairs Committee Mtg.

415 CLOB

3:00 PM 5:00 PM

Ways and Means Committee Meeting

606 CLOB

4:00 PM 5:00 PM

Energy Utilities & Telecommunications Committee Mtg.

406 CLOB - CANCELLED

4:00 PM 6:00 PM

Special Study Committee on CON

506 CLOB- CANCELED

* 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