MEMBER SERVICES Coverdell Legislative Office Bldg. Suite 609 Phone: (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 29th Legislative Day on Tuesday, March 20, at 10:00 AM. * 15 bills & 7 resolutions are expected to be debated on the floor. GGEEOORRGGIIAAHHOOUUSSEE OOFF RREEPPRREESSEENNTTAATTIIVVEESS DAILY REPORT MMoonnddaayy,, MMaarrcchh 1199,, 22000077 TODAY ON THE FLOOR 2288tthh LLeeggiissllaattiivvee DDaayy RULES CALENDAR HB 219 - Certain local sales and use tax; motor fuels; prepayments; provisions - BILL SUMMARY: HB 219 provides for local prepaid motor fuel taxes to be collected in the same manner as state prepaid motor fuel taxes. The bill provides that the same prices set out in the section on prepaid taxes at the state level shall be used to compute the prepaid tax rate for local jurisdictions by multiplying such price by the applicable rate imposed by the jurisdiction. This price is the statewide average retail price by motor fuel type as compiled by the Energy Information Agency of the US Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes impose by the first motor fuel tax. The bill also adds a new paragraph to the code section on refunds of motor fuel taxes which provides for a credit or refund in the case when a distributor purchases motor fuel that the prepaid tax was imposed on (pursuant to the code section that imposes the second local motor fuel tax), and then sells such fuel to a governmental entity that is totally or partially exempt from the tax. The amount of the credit is the prepaid sales tax rate multiplied by the gallons of motor fuel purchased by the exempt entity. - Authored By: Rep. Richard Royal of the 171st - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 160; Nays: 1 HB 321 - Bona fide conservation use property; assessment; change certain eligibility requirements - BILL SUMMARY: The purpose of HB 321 is to codify a Georgia Court of Appeals case decision. HB 321 allows each person that owns an interest in a family owned farm entity to own 2,000 acres of conservation use property, rather than only allowing 2000 acres per owner. A person's percentage interest in the farm entity is to be the same as their percentage interest in the conservation use property, and the person may allocate the lesser of this percentage times the total conservation use property acreage or the unused portion of their allowed 2,000 so that more than 2,000 acres in total may be claimed as conservation use property. - Authored By: Rep. Richard Royal of the 171st - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 366 - Guide or service dog; certain persons; equal public accommodations; provide - BILL SUMMARY: This bill would allow for persons who are training guide or service dogs for use by blind or deaf citizens to enjoy the same rights of accommodation as blind or deaf citizens for the purposes of training such animal. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: Health & Human Services - Rule: Open - Amendments(s): N/A - Yeas: 164; Nays: 1 HB 429 - Georgia HIV Pregnancy Screening Act of 2007; enact - BILL SUMMARY: This bill would require care providers to screen pregnant women for HIV during prenatal care or immediately following delivery, unless the woman declines the test. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 140; Nays: 14 HB 433 - Meat and dairy processing plants; licenses; change certain provisions - BILL SUMMARY: This bill addresses two issues related to meat processors. The first part provides that the Agriculture Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce the article and any regulations promulgated thereto without regard to licensing agency. The second and third parts create a permanent meat processors license and remove the annual fees associated with the license. This would apply to both meat and poultry. - Authored By: Rep. Tony Sellier of the 136th - House Committee: Agriculture & Consumer Affairs - Rule: Open - Amendments(s): N/A - Yeas: 163; Nays: 0 HB 457 - Revenue, Department of; special license plates; process all applications; provisions - BILL SUMMARY: This bill changes the administrative process for the issuance of special license plates. It requires the following to be presented to the Department of Revenue before being sent to the General Assembly for authorization: 1. Sponsor must have all of the following: Commissioner's approval of application and design Post a $50,000.00 bond Have 1000 completed license applications with paid fees 2. Upon presentation of the above, Commissioner issues a letter of certification to Sponsor. 3. Sponsor goes to legislature with letter of certification to seek appropriate legislation. It becomes effective July 1, 2007 - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 160; Nays: 1 HB 529 - General Assembly; budgetary functions; reflect changes - BILL SUMMARY: House bill 529 adds a new code section, 28-5-6, to the Official Code of Georgia Annotated which establishes both a House Budget Office and a Senate Budget Office to fulfill the duties formerly carried out by the Office of Legislative Budget Analyst. This new section gives these offices the authority to request information from all state departments, boards, bureaus, commissions, committees, and authorities. All information received from the House Budget Office will be made available to the House Appropriations Office, House Budget and Fiscal Affairs Oversight Committee, and any other officers of the House of Representatives designated by the Speaker of the House. - Authored By: Rep. Richard Royal of the 171st - House Committee: Budget and Fiscal Affairs Oversight - Rule: Open - Amendments(s): N/A - Yeas: 162; Nays: 0 HR 102 - Clark, Mr. Robert; compensate; provide for state income tax exclusion - BILL SUMMARY: HR 102 is a compensation resolution for Robert Clark. This is provided as compensation for wrongful detention for a crime he did not commit. Mr. Clark spent over 23 years in prison and was later found innocent of the crime based on DNA evidence. The 1st annuity of $1 million shall be paid in equal monthly installments over 15 years with an initial lump sum of $100,000. A 2nd annuity shall be paid in the amount of $200,000 over 15 years with no lump sum. The total sum of $1.2 million will be paid by funds available or appropriated to the Department of Corrections. - Authored By: Rep. Larry O`Neal of the 146th - House Committee: Appropriations - Rule: Structured - Amendments(s): N/A - Yeas: 132; Nays: 25 SUPPLEMENTAL CALENDAR HB 16 - Public employees; fraud, waste, abuse in state operations; change definitions - BILL SUMMARY: HB 16 seeks to extend "whistle blower" protection to the local level employee by adding additional language to the definitions of "public employee" and "public employer." - Authored By: Rep. Rich Golick of the 34th - House Committee: Judiciary - Rule: Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 48 - Georgia State Indemnification Fund; definitions; change terms - BILL SUMMARY: This legislation amends certain terms in the Georgia State Indemnification Fund. It redefines the meaning of "in the line of duty" for emergency medical technicians, on and off duty firefighters, law enforcement officers, prison guards, and state highway employees. The Board of the State Indemnification Fund will establish if the death of a firefighter was a result of the last fire he or she responded to. Law enforcement officers and fire fighters do not have to receive compensation for their services to be considered "on duty," extending the parameters of the fund to volunteer officers. It also edits the term "law enforcement officer" to include one that is enrolled in a basic training course in a school certified by the Georgia Peace Officer Standards and Training Council. - Authored By: Rep. Jill Chambers of the 81st - House Committee: Appropriations - Rule: Open - Amendments(s): N/A - Yeas: 167; Nays: 0 HB 147 - Woman's Right to Know Act; abortion; change certain provisions - BILL SUMMARY: Adds to the requirements for informed consent that the female is informed as to how to obtain an ultrasound if she wants one before having an abortion. If an ultrasound is performed the woman will have the right to view the active ultrasound, and hear the heartbeat of the unborn child, if audible; the quality of the ultrasound shall be consistent with standard medical practice and show the dimensions, presence of external members and internal organs of the child. The bill also requires that the female certify in writing that she was given the opportunity to view the ultrasound, and hear the heartbeat, if audible, if she chose to have it performed. The bill requires that the Department of Human Resources include geographically indexed materials designed to help a woman seeking an abortion find facilities available to assist her in obtaining an ultrasound in its printed materials containing information on abortion. Failure to allow a woman who has had an ultrasound to see the ultrasound would create a basis for disciplinary action from the Composite State Board of Medical Examiners. The bill also provides that nothing in the changes is intended to recognize a right to abortion or to make lawful an abortion that is currently unlawful; finally the bill would allow the General Assembly by joint resolution to appoint one or more of its members who sponsored or co-sponsored the bill to intervene as a matter of right in any case challenging the constitutionality of the bill. - Authored By: Rep. James Mills of the 25th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 116; Nays: 54 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 - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 518 - Motor vehicles; commercial motor vehicle; define; license plates; provisions - BILL SUMMARY: HB 518 is primarily a "house keeping" bill brought by the Georgia Department of Revenue. The bill simply brings the Georgia Code dealing with commercial motor vehicles into compliance with federal law. - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - Rule: Open - Amendments(s): N/A - Yeas: 166; Nays: 0 * The House will reconvene Tuesday, March 20, at 10:00 AM, for its 29th Legislative Day of the 1st Regular Session of the 149th General Assembly. ______________________________________________________________________________________________________________ COMMITTEE ON RULES The Committee on Rules has fixed the calendar for the 29th Legislative Day, Tuesday, March 20, and bills may be called at the pleasure of the Speaker. RULES CALENDAR FOR NEXT LEGISLATIVE DAY HB 77 - Motor vehicles; traffic-control signal monitoring devices; repeal provisions - BILL SUMMARY: This bill will change certain provisions in Title 40 of the Code, dealing with traffic control signal monitoring devices (red light cameras). Primarily it provides that only certified peace officers may review and issue citations based on camera photos. Further, it provides for a split of the fees derived from a violation that exceed the operating costs of the cameras of 25% to the local government issuing the citation and 75% to the state trauma fund. Other provisions include the requirement of an engineering study to be performed at intersections containing cameras, and a loss of revenue to local governments that do not send their annual report by the February 1st deadline. - Authored By: Rep. Bobby Franklin of the 43rd - House Committee: Motor Vehicles - Rule: Open HB 109 - County and municipality; consolidation; provisions - BILL SUMMARY: This bill allows counties without any incorporated cities to function as consolidated governments. - Authored By: Rep. Ellis Black of the 174th - House Committee: Governmental Affairs - Rule: Open HB 177 - Historic sites; initial investigation; state archeologist; notice; require - BILL SUMMARY: This bill relates to individuals who search for relics on private property with permission of the owner. Currently, five days notice must be given to the State Archaeologist before a person may dig for relics on private property. This bill would reduce the number of days required for notice from five to one. The property owner must still grant permission. - Authored By: Rep. Martin Scott of the 2nd - House Committee: Natural Resources & Environment - Rule: Open HB 186 - Sales and use tax; certain alternative fuel facilities; five year exemption - BILL SUMMARY: HB 186 creates a sales tax exemption for sales of tangible property to, or used in or for the new construction of, a new alternative fuel facility in Georgia which is dedicated to the production and processing of ethanol, biodiesel, and butanol, when such fuels are derived from biomass materials. Biomass materials may include agricultural products, animal fats, or the wastes of such products or fats. The term "used in or for the construction" means when tangible personal property loses its character of tangible personal property when it is incorporated into a new facility. The term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. The exemption will apply to sales occurring during the period July 1, 2007 through June 30, 2009. The bill specifies that the exemption applies when construction of the facility has begun on or after the effective date of this bill. The bill will not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, or butanol has begun at the facility. - Authored By: Rep. Jim Cole of the 125th - House Committee: Ways & Means - Rule: Structured HB 218 - Georgia Ports Authority; employees; power of arrest; peace officers; require - BILL SUMMARY: A bill related to the Georgia Ports Authority. This bill intends on changing certain provisions for the application of traffic laws and enforcement by security guards employed with the Georgia Ports Authority. It will change the designation of security guard to peace officer. This will require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council. - Authored By: Rep. Burke Day of the 163rd - House Committee: Public Safety and Homeland Security - Rule: Open HB 229 - Education lottery; book allowances; fee payments; impose certain limitations - BILL SUMMARY: House bill 229 will establish a true measure of decreasing lottery reserve funds prior to eliminating student funding. Under current law, students are in jeopardy of losing their book allowances if there is any decline in lottery funds for education. The legislation requires there to be an actual trend of less than 90% of a previous year-end budget before removing any funding currently issued to Hope Scholarship recipients. Under the new formula, during the first year all scholarships and grants for book allowances may not exceed $150.00 per academic year. If the trend continues the next year, such book stipends will be suspended entirely. Further more, if lottery funds remain in a declined state, mandatory institution fees will no longer be covered by the Hope Scholarship. This legislation does not affect students eligible for the federal Pell Grant program. - Authored By: Rep. Ben Harbin of the 118th - House Committee: Appropriations - Rule: Modified-Structured HB 280 - Controlled substances; sale of marijuana flavored products to minors; ban - BILL SUMMARY: This bill makes the sale of marijuana flavored products to minors illegal and subject to a $1,000 fine per offense. A 'Marijuana flavored product' means any product, including lollipops, gumdrops, or other candy, which is flavored to taste like marijuana or hemp. The term shall include, but is not limited to, 'Chronic Candy,' 'Kronic Kandy,' or 'Pot Suckers.' - Authored By: Rep. Judy Manning of the 32nd - House Committee: Children & Youth - 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 HB 363 - HOPE grants; eligibility requirements; Georgia Military College students; provide - BILL SUMMARY: This legislation extends the eligibility of the HOPE grant to students attending Georgia Military College. - Authored By: Rep. Larry O`Neal of the 146th - House Committee: Appropriations - Rule: Modified-Structured HB 389 - Public transportation; limousine carrier; change definition; provisions - BILL SUMMARY: Amends code section relating to public utilities and public transportation. This bill will change the definition of `motor common carrier' to include every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or property, or both, on the public highways of Georgia as a common carrier. This term also includes, but is not limited to limousine carriers. New code sections added include: 46-7-85.18: All advertisements have to include an authorization number from the Public Service Commission. 46-7-85.9: Each limousine carrier must have insurance with a company authorized to do business in Georgia. The policy will provide for the protection of passengers and property against injury caused by the carrier's negligence. The commission determines and fixes the amounts, provisions, and limitations of the insurance for the carriers. 46-7-85.20: The commission is authorized to enforce the new code sections. Further authorization is granted to the commission to hear petitions from third parties who assert that the carrier has violated either section and may impose the penalties set out in Code Sections 46-7-90 and article 5 of Chapter 2 of this title. 46-7-85.21: Authority of the Public Service Commission granted herein applies to all vehicles listed in paragraph 5 of Code Section 46-7-85.1 that are managed, operated, owned, leased, rented or controlled by a carrier. - Authored By: Rep. Jeff Lewis of the 15th - House Committee: Energy, Utilities & Telecommunications - Rule: Open 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 - House Committee: Insurance - Rule: Open HB 424 - Workers' compensation; claim filings; benefits; examinations; provisions - BILL SUMMARY: Claims filed with the Worker's Compensation Board for which no benefits have been paid after July 1, 2007, will be dismissed with prejudice by operation of law if no hearing has been held within five years of the alleged date of injury; this change will not apply to claims filed for an occupational disease as defined by OCGA 34-9-280; the form used by the Board for filing claims will contain notice of this new provision. In cases where rehabilitation is required, employers will now have 20 days from the date of notification of the requirement to select a rehabilitation supplier; Current law provides for 15 days. Injured employee examinations may now include physical, psychiatric and psychological exams; charges for prescriptions and other items will be subject to Board approval; charges by physicians and hospitals are currently subject to Board approval. The total maximum compensation rate per week is raised from $450.00 to $500.00 and the total minimum is raised from $45.00 to $50.00; the minimum under which the employer shall pay the total weekly wage is raised from $45.00 to $50.00; the rate at which employers shall make disability payments is raised from $300.00 per week to $334.00 per week; the length of time (350 weeks) is not changed. - Authored By: Rep. Mike Coan of the 101st - House Committee: Industrial Relations - Rule: Open HB 487 - Elections; primaries; voting; provisions - BILL SUMMARY: This bill lowers the threshold to win an election in statewide primaries and general elections from a majority to a plurality of 45%. Further, it changes the date of Georgia's presidential preference primary to the first Tuesday of February in a presidential election year. - Authored By: Rep. Austin Scott of the 153rd - House Committee: Governmental Affairs - Rule: Modified-Structured HB 505 - Human Resources, Department of; adult day centers; licensure; authorize charge fees - BILL SUMMARY: Amends Article 7 of Chapter 5 of Title 49 of O.C.G.A. by adding a new Code section: 49-6-86. HB 505 authorizes the Department of Human Resources to charge application fees, license fess, and renewal fees. The amount per fee is to be established by the board of the Department of Human Resources in accordance with rules and regulations. The fees should be used to support the licensing, inspecting, and monitoring of adult day care centers. Fees may be refunded by the department as determined by the department. This act is only to become effective when funds are appropriated specifically for this act. - Authored By: Rep. Mark Butler of the 18th - House Committee: Human Relations & Aging - Rule: Open HB 536 - Vehicles and loads; fines for excess weight; provisions - BILL SUMMARY: Article 2 of Chapter 6 of Title 32 of the OCGA is amended in Code Section 32-6-26, relating to weight of vehicle and load, by revising subsection (g). Weight limitations provided in this subsection may be exceeded on any public road of this state that is not an interstate highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when: 1. hauling forest products from the forest to the first point of marketing or processing; hauling live poultry or cotton from farm to processing plant; hauling feed from feed mill to farm; hauling granite, or any other naturally occurring raw ore or mineral for further processing; hauling solid wasted or recovered materials from points of generation to a solid waste handling facility; or hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer in the same or adjoining county. No lift axle may be used in the computing of the total gross weight authorized for any vehicle or load under this paragraph. Any vehicle hauling the above items or agricultural or farm product from a farm to the first point of marketing or processing shall be permitted a 5% variance from the weight limitations in the above paragraph within a 100 mile radius of the farm or point of origin. Any violators will be fined on the basis of the weight limitations of paragraph (1) of the code section, including the variance granted. Any vehicle carrying a load permitted in this subsection at night shall have lights that are clearly visible for a distance of not less than 300 feet from the rear of the vehicle. The article is further amended in Code Section 32-6-27 relating to the enforcement of load limitations by revising paragraph (1) of subsection (a) to include applicable variances to the fines for excess weight over limitations set forth by Georgia law. - Authored By: Rep. Johnny Floyd of the 147th - House Committee: Transportation - Rule: Open HR 195 - Hospitality Highway; dedicate GA 400 - BILL SUMMARY: Resolution designating the GA 400 corridor as the Hospitality Highway. - Authored By: Rep. Amos Amerson of the 9th - House Committee: Transportation - Rule: Structured HR 321 - Edward Sidney "Dick" Chambers Memorial Highway; dedicate - BILL SUMMARY: Resolution dedicating the portion of SR 37 within the city limits of Funston, Georgia in Colquitt County as the Edward Sidney "Dick" Chambers Memorial Highway. - Authored By: Rep. Richard Royal of the 171st - House Committee: Transportation - Rule: Structured HR 351 - Joint Study Committee on Fulton County; create - BILL SUMMARY: The Bill provides for the creation of the Joint Fulton County Study Committee to undertake a study of the conditions, needs, issues, and uses of the Fulton County government structure and operations and the problems found by the Fulton County Blue Ribbon Commission, and, make recommendations for any actions or legislation witch the committee deems necessary or appropriate. The Committee shall consist of 16 members, eight appointed by the Lieutenant Governor and eight appointed by the Speaker of the House. The Committee shall stand abolished on or before the convening of the 2008 Session. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Intragovernmental Coordination - Rule: Open HR 369 - Baldwin, Charlton, Chatham, Coffee, and Columbia counties; convey property; authorize - BILL SUMMARY: This resolution authorizes the conveyance of certain state owned real property located in the following Counties in Georgia: Baldwin, Charlton, Chatham, Coffee, Columbia, Forsyth, Fulton, Hall, McDuffie, Pulaski, Stephens, Tattnall, Treutlen, Troup, Wayne, and Whitfield. - Authored By: Rep. Terry Barnard of the 166th - House Committee: State Institutions & Property - Rule: Open HR 370 - Bibb, Cobb, Dougherty, Mitchell and Troup Counties; lease property; authorize - BILL SUMMARY: A resolution authorizing the leasing of certain state owned real property in Bibb County Cobb County, Dougherty County, Mitchell County, and Troup County, Georgia. - Authored By: Rep. Terry Barnard of the 166th - House Committee: State Institutions & Property - Rule: Open * The Rules Committee will next meet on Tuesday, March 20, at 09:00 AM, to set the Rules Calendar for the 30th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Appropriations HB 94 - Supplemental appropriations; State Fiscal Year July 1, 2006 - June 30, 2007 - BILL SUMMARY: This bill makes certain changes to the General Appropriations Act that was approved on May 8, 2006. It will provide appropriated sums of money for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007. - Authored By: Rep. Glenn Richardson of the 19th - Committee Action: Do Pass by Committee Substitute Energy, Utilities & Telecommunications HB 587 - Gas; public convenience and necessity certificates; provide for revocation - BILL SUMMARY: Amends article 2 of Chapter 4 of Title 46 by adding a new subsection to Code Section 46-4-28. The new section (a.1) states that any certificate issued under this article shall be revoked or amended by the Public Service Commission upon application to the commission by a person to provided natural gas to customers who have requested natural gas service if the holder of the certificate has failed to begin construction or operation of any pipeline, or distribution system, or any extension thereof in substantially all of the territory covered by such certificate. The Commission shall determine whether the applicant shall be entitled to a certificate for the territory that has been excluded from the certificate or whether the territory should be re-issued to the person who held the certificate at the time of application. This determination shall be made within 90 days of the application and shall consider factors such as whether the applicant can offer service at less cost in accordance with a commission approved line extension policy and other factors the commission deems in the public interest. The newly certified area shall be designed by the commission to serve the customers in question while ensuring a boundary with safety and public welfare as the focus. - Authored By: Rep. Jeff May of the 111th - Committee Action: Do Pass by Committee Substitute Health & Human Services HB 340 - PeachCare; threshold income amount for eligibility; revise - BILL SUMMARY: This bill would lower the threshold for eligibility in the Peachcare for Kids program to 200% of FPL, while granting the Board of Health the authority to revise this number to between 185% and 225% of FPL. - Authored By: Rep. Glenn Richardson of the 19th - Committee Action: Do Pass by Committee Substitute HB 549 - Children with disabilities; basic therapy services; establish requirements - BILL SUMMARY: This bill would simplify the process of application and approval of medical therapy services for children with disabilities. Such services are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program. Additionally, this bill would simplify the process and paperwork by which occupational, speech, and physical therapy services are applied for and received by eligible citizens. - Authored By: Rep. Mark Burkhalter of the 50th - Committee Action: Do Pass by Committee Substitute HB 628 - Health care data; available to consumers; provide - BILL SUMMARY: This bill would require the submission of data to the Department of Community of Health by virtually all healthcare providers in the state. The data shall then be published on a website intended for the use of citizens in order to compare providers. The bill would mandate the submission of an exhaustive amount of data covering nearly every aspect of healthcare provision, and could be regarded as comprehensive for the purposes of most normal procedures, tests, and pharmaceuticals. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass by Committee Substitute HB 655 - Georgia Commission on Hearing Impaired and Deaf Persons; create - BILL SUMMARY: This bill would provide for the Georgia Commission on Hearing Impaired and Deaf Persons. The Commission would act as and advocate for the hearing impaired and deaf as well as serving as an advisory body to the various arms of the state in regards to the deaf and hearing impaired. - Authored By: Rep. Bob Smith of the 113th - Committee Action: Do Pass by Committee Substitute Interstate Cooperation HR 273 - Congress; urge to end violence in Sudan - BILL SUMMARY: A resolution urging that the United States Congress continues to press for strong measures to end the violence in Sudan. This resolution also urges that the Securities and Exchange Commission provide guidance to public pension fund managers in order to avoid investments, which may be supporting nations involved in the support of terrorism or human rights violations. - Authored By: Rep. Tyrone Brooks of the 63rd - Committee Action: Do Pass Intragovernmental Coordination - Local HB 533 - Gwinnett County Merit System Act; enact - BILL SUMMARY: A Bill to re-create and re-authorize the Gwinnett County Merit System and provide for its powers and duties. - Authored By: Rep. Bobby Reese of the 98th - Committee Action: Do Pass HB 643 - Oakwood, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: A Bill to authorize the City of Oakwood to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass HB 644 - Oakwood, City of; provide new charter - BILL SUMMARY: A Bill to provide a new charter for the City of Oakwood. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass HB 645 - City of Oakwood Community Improvement District Act; enact - BILL SUMMARY: A Bill to authorize the City of Oakwood to create community improvement districts. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass HB 657 - Stone Mountain, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: A Bill to authorize the City of Stone Mountain to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Billy Mitchell of the 88th - Committee Action: Do Pass HB 660 - Peach County; board of elections and registration; create - BILL SUMMARY: A Bill to create the Peach County Board of Elections and Registration and provide for its powers and duties. - Authored By: Rep. Lynmore James of the 135th - Committee Action: Do Pass Judiciary Non-Civil HB 336 - Driving under the influence; mandatory sentences; increase - BILL SUMMARY: First offense DUI will be punished as a misdemeanor with a fine of $300-$1000. Up to of the fine can be suspended with substance abuse treatment. Prison time would be from 10 days to 1 year. If blood alcohol greater than 0.08 must serve at least 24 hours. At least 40 hours of community service, for a first offense where the blood alcohol level is less than 0.08 at least 30 hours of community service. If a first offender is sentenced to less then 12 months he will be on probation for 12 months less time served. If the offender's blood alcohol content is greater then 0.08 he must use an interlock device for 120 days. For a second conviction the offender will be guilty of a misdemeanor of a high and aggravated nature, pay a fine of $750 - $1000, spend from 10 days to 1 year in prison and serve at least 96 hours if blood alcohol content is greater than 0.08, must perform up to 30 days of community service, if blood alcohol content is greater than 0.08 at least 60 hours. If sentenced to less than 12 months the offender will be on probation for 12 months less time served. A third conviction will be punished for a felony. If the third offense is within a 10 year period: the fine will be$1000 - $5000; the offender will serve from 1 to 5 years and at least 180 days; perform at least 120 hours of community service and if sentenced to less than five years be on probation for five years less time served. After a 10 year period: $ 1000 - $5000 fine; incarceration for 1 to 3 years to serve at least 60 days; community service for at least 120 days and probation for up to 3 years, if sentenced to less than 3 years, less time served. A fourth or subsequent conviction will be a felony with a fine of $1000 - $5000; imprisonment for 1 to 5 years to serve at least 1 year; community service for 120 days at least; probation for 5 years if sentenced to less than 5 years, less time served. All offenders regardless of which conviction must complete a substance abuse evaluation and if warranted complete a substance abuse program. For offenders who are under 21 a first conviction will be a misdemeanor with a fine of $300-$1000, imprisonment from 10 days to 1 year to serve at least 24 hours, at least 40 hours of community service and if sentenced to less than 1 year, probation for 12 months less time served. A second conviction will be a misdemeanor of a high and aggravated nature with a fine of $750 - $5000, imprisonment for 120 days to 1 year to serve at least 72 hours (Imprisonment may be served on the weekends in accord with OCGA 17-10-3.1); at least 30 days of community service; if sentenced to less than 1 year, 12 months of probation less time served. A third offense would be punished as a felony with a fine of $1000 - $5000 ; 1 to 3 years imprisonment to serve at least 120 days, 60 days at least of community service, and if sentenced to less than 3 years, 3 years probation less time served. Second and third offenders must have a substance abuse evaluation and complete a substance abuse program if warranted. All offenders must complete a DUI Alcohol or Drug Use Risk Reduction Program. If convicted under the age of 21 any subsequent convictions within ten years will be treated as if the offender was over 21 and sentenced for a first offense. Any person sentenced as a first, second, third, fourth or subsequent offender will not be eligible for pardon or parole or reduced sentence from the Board of Pardons and Paroles or the Department of Corrections. A plea of nolo contendere will constitute a conviction. The "look back" for counting offenses will begin with offenses on or after July 1, 2002. No plea of nolo contendere will be accepted for offenders under 21 years of age. Any period of community service less than 30 days must be completed within 120 days of conviction; any period of more than 30 days must be completed within 1 year from conviction. If a fine is a hardship the judge has discretion to let the offender pay in installments or to suspend up to half the fine conditioned upon the offender going to a substance abuse treatment program. Removes the "each and every day" requirements so as not to interfere with DUI courts. A second or subsequent offense will result in a "red stripe" on the offender's license. Current law provides that a second offense within five years results in a red stripe. - Authored By: Rep. Kevin Levitas of the 82nd - Committee Action: Do Pass by Committee Substitute Natural Resources & Environment HB 463 - Soil erosion and sedimentation; exemptions; change certain provisions - BILL SUMMARY: This bill seeks to clarify certain provisions of the erosion and sedimentation education and certification requirements passed in HB 285 (Passed in 2003), which expanded the number of individuals required to take the new course and exam. The new education and certification requirements became effective January 1, 2007. This standard not only applies to the permitee (Prime Contractor), but also applies to all persons involved in land-disturbing activity on the site (plumbers, electricians, graders, and others) who are under contract and operational control of the prime contractor. A segment of the contracting community appears to be unaware of these new education and certification requirements, and some subcontractors who have been advised of the new requirements may not have had adequate time to comply. Some local issuing authorities have used the subcontractor's lack of compliance with this new certification as a basis to issue a stop work order for the entire construction site, even though the prime contractor (the party that is held accountable for permit violations) had the appropriate certification. In addition, some local issuing authorities have interpreted minor land-disturbing activity, such as a basic plumbing repair (the digging of a small hole) for a leaking pipe on single family home, to be covered under this law. This legislation proposes some relief by directing the DNR Board to prescribe by rule or regulation what constitutes a minor landdisturbing activity, and by clarifying that subcontractors are not required to meet the training and certification requirements if they are under the operational control of a prime contractor who meets the operator training and certification requirements. If the subcontractor is not under the operational control of a prime contractor who is certified and participating in land-disturbing activities on a covered site, then such subcontractor must meet the training and certification requirements. Additionally, beaver dam removal has been added among the items deemed to be a minor land-disturbing activity. Finally, the bill would allow persons authorized as instructors to also administer the certification exam. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Do Pass by Committee Substitute Regulated Industries HB 241 - Opticians; licensure; practical training; specify certain requirements - BILL SUMMARY: This bill further defines the requirements and alternatives for practical training and experience for applicants to obtain the dispensing optician license through an apprenticeship program. It specifies the process by which the board will accept and review such applications. It also makes provisions for those who have received practical training and experience prior to July 1, 2007. It specifies that no person should falsely identify himself or herself as an "optician", "licensed dispensing optician" or anything similar. - Authored By: Rep. Jill Chambers of the 81st - Committee Action: Do Pass by Committee Substitute HB 516 - Alcoholic beverages; flavored malt beverage; define; change certain provisions - BILL SUMMARY: This bill amends provisions relating to alcoholic beverages. It: Allows manufacturers and dealers to keep copies of records instead of the originals and clarifies that such records must be available for inspection. Takes out the exception for retail licenses, relating to filing of bonds for licenses. Revises the amount of days allowed to send taxes to the commissioner from 10 to 15 days. Allows the commissioner to create new rules and regulations for collecting alcohol excise taxes. States that any distilled spirits bought by a retail dealer from any person other than a wholesale dealer would be declared contraband. - Authored By: Rep. Steve Tumlin of the 38th - Committee Action: Do Pass Special Committee on Certificate of Need HB 249 - State health provisions; new acute cancer treatment hospitals; provide exemption - BILL SUMMARY: This bill would provide for an exemption from CON regulation for specialty acute care hospitals that treat cancer and provide destination medicine. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute HB 337 - New institutional health service; revise definition - BILL SUMMARY: This bill would define general surgery as a single specialty concerning health planning statutes. - Authored By: Rep. Tom Graves of the 12th - Committee Action: Do Pass State Institutions & Property HB 214 - Jekyll Island - State Park Authority; renewal of property lease; provisions - BILL SUMMARY: A bill relating to Jekyll Island a State Park Authority and the renewal lease to the authority. This will extend the existence of the authority consistent with such lease renewal to provide for legislative oversight of the authority. The lease will be extended 50 years in addition to the remainder 42 years. Jekyll Island will be taken out of the Recreation Oversight Committee and put into its own oversight committee. The bill gives Jekyll Island Authority certain administrative procedures to follow. Lastly, the bill plans to give the Jekyll Island Authority sales tax exemption. - Authored By: Rep. Terry Barnard of the 166th - Committee Action: Do Pass by Committee Substitute HB 527 - Probation; private supervision services; minimum fee; establish - BILL SUMMARY: A bill related to agreements for probation services. It will establish a minimum supervision fee that will be charged under agreements for private probation supervision services. The bill will authorize the supervision of certain felony offenders pursuant to such agreements for private probation supervision services. It will allow certain probation officers to supervise certain nonviolent felony offenders. Lastly, this bill aims to preclude registration fees for private or governmental probation services registering with the County and Municipal Probation Advisory Council. - Authored By: Rep. Billy Horne of the 71st - Committee Action: Do Pass by Committee Substitute HR 375 - House Study Committee on Prison System Terrorist Recruitment; create - BILL SUMMARY: A resolution created to have the House Study Committee on Prison System Terrorist Recruitment. This committee will be composed of five members of the House of Representatives and will be appointed by the Speaker. The Speaker will designate one member as the chairperson on the committee. - Authored By: Rep. Martin Scott of the 2nd - Committee Action: Do Pass * Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar. ______________________________________________________________________________________________________________ COMMITTEE BROADCAST SCHEDULE Tuesday, March 20, 2007 8:30 AM 10:00 AM Appropriations Economic Development Subcommittee 9:00 AM 10:00 AM CHILDREN & YOUTH 9:00 AM 10:00 AM RULES 9:00 AM 10:00 AM Appropriations Education Subcommittee 2:00 PM - 5:00 PM EDUCATION 2:00 PM - 3:00 PM State Properties Subcommittee of State Institutions 3:00 PM - 4:00 PM HUMAN RELATIONS & AGING 3:00 PM - 4:00 PM CODE REVISION 506 CLOB 403 CAP 341 CAP 415 CLOB 406 CLOB CANCELED 415 CLOB 515 CLOB or upon adjournment 403 CAP 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. ____________________________________________________________________________ CONTACT: BRENT CRANFIELD (404) 656-0305 Brent.Cranfield@house.ga.gov