MEMBER SERVICES Coverdell Legislative Office Bldg. Suite 609 Phone: (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 31st Legislative Day on Wednesday, March 28, at 1:00 PM. * 2 resolutions are expected to be debated on the floor. GGEEOORRGGIIAAHHOOUUSSEE OOFF RREEPPRREESSEENNTTAATTIIVVEESS DAILY REPORT TTuueessddaayy,, MMaarrcchh 2277,, 22000077 3300tthh LLeeggiissllaattiivvee DDaayy TODAY ON THE FLOOR Editorial Note: Rep. Ben Harbin, Chairman of the House Appropriations Committee, today withdrew his Notice of a Motion to Reconsider on HB 94 (Amended '07 Budget bill). The bill was immediately transmitted to the Senate today. -No Floor Action was taken on HB 599, HR 121 -HB 337 was Recommitted to the Rules Committee RULES CALENDAR HB 2 - Fair Annexation Act; enact - BILL SUMMARY: This substitute creates a new article to Chapter 36 of Title 36 of the O.C.G.A. It creates the procedures by which annexations shall take place, except those done by local legislation. Further, it provides for the mechanism for dispute resolution over annexations. - Authored By: Rep. Doug Holt of the 112th - House Committee: Governmental Affairs - Rule: Open - Amendments(s): N/A - Yeas: 156; Nays: 14 HB 117 - Motor vehicles; definition; exempt certain vehicles - BILL SUMMARY: Bill provides an exemption for motorcycle, all-terrain vehicles, and utility vehicles from the definition of a motor vehicle. Gives motorcycle dealers and brokers the same protection that is afforded farm equipment, except for the mileage provision in said bill. - Authored By: Rep. John Heard of the 104th - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 160; Nays: 1 HB 118 - Brunswick and Cobb Judicial Circuits; additional superior courts judge; provide - BILL SUMMARY: HB 118 calls for an increase in the number of judges of the superior courts in the Brunswick and Cobb Judicial Circuits. Cobb Judicial Circuit's number of judges will rise from 9 to 10, and Brunswick Judicial Circuit's from 4 to 5. - Authored By: Rep. Earl Ehrhart of the 36th - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 131 - Georgia HERO Scholarship; surviving spouses; change definitions - BILL SUMMARY: This bill amends Code Section 20-3-485 of the Official Code of Georgia Annotated relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by revising paragraph (2) to include a surviving spouse of: A deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3; or a deceased member of a reserve component of the armed forces of the United States, who was killed in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service. - Authored By: Rep. Billy Horne of the 71st - House Committee: Higher Education - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 165; Nays: 0 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 - House Committee: Higher Education - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 164; Nays: 1 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 the imposed federal fee through a $12.00 charge to the custodial parent to be paid in monthly installments of $1.00, as well as, a monthly $13.00 charge to the non-custodial parent. The fee is to be collected from both the custodial and non-custodial parent after the agency has collected $500.00 of child support annually, and will apply to "never TANF" recipients only. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 140; Nays: 16 HB 163 - Deferred Presentment Services Act; enact; repeal "payday lending" prohibition - BILL SUMMARY: This bill amends Title 7 of OCGA by adding Chapter 9, titled "Deferred Presentment Services Act". The bill allows the operation of businesses that provide deferred presentment services in Georgia by properly licensed individuals. It describes the process of obtaining, renewing and changing a license as well as the conditions under which such license may be revoked or denied. In addition it establishes rules and regulations relating to the transactions, fees, contracts and notices between the licensee of deferred presentment services and the consumer. This bill also amends Chapter 17 of Title 16 of OCGA relating to payday lending. - Authored By: Rep. Steve Tumlin of the 38th - House Committee: Banks & Banking - Rule: Modified-Open - Amendments(s): N/A - Yeas: 82; Nays: 77 - This bill failed to receive a constitutional majority. HB 169 - Sales and use tax; certain prepared food and beverage donations; provide exemption - BILL SUMMARY: HB 169 creates a two year sales tax exemption for prepared food and beverages donated to non-profit organizations that provide hunger relief or donated following a natural disaster. Currently, if a restaurant donates food to charity, they are required to pay sales and use tax at the full retail value on this food. - Authored By: Rep. Charles Martin of the 47th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 166; Nays: 0 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 threejudge 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 - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 102; Nays: 62 HB 222 - County tax commissioners; purchasing certain property; prohibit - BILL SUMMARY: HB 222 prohibits current tax commissioners and their staff from purchasing real property sold by their county at public auction for delinquent taxes, unless such individual had an ownership interest in the property at the time the taxes became delinquent. Violation of this code section constitutes a misdemeanor and will subject an individual to maximum fines of $1000 or imprisonment of up to one year, or both. Any real property sale in violation of this section shall be void. - Authored By: Rep. Billy Mitchell of the 88th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 164; Nays: 3 HB 226 - Obscenity crimes; distribution of obscene materials; insert new provisions - BILL SUMMARY: Amends provisions related to criminal distribution of obscene materials to provide that it is an affirmative defense that selling, lending, renting, leasing, advertising, publishing, exhibiting or otherwise disseminating the material was restricted to a person associated with an institute of higher education or a person whose receipt of such material is authorized by a doctor. The bill also extends the protections of this provision to public librarians acting in their official capacity. Current law only provides that the "dissemination" of obscene material is an affirmative offense. - Authored By: Rep. David Ralston of the 7th - House Committee: Judiciary Non-Civil - Rule: Modified-Open - Amendments(s): AM by Rep. Franklin - Adopted - Yeas: 129; Nays: 35 HB 232 - Georgia Development Impact Fee Act; change definitions; provisions - BILL SUMMARY: This bill amends the "Georgia Development Impact Fee Act" by requiring projects to undergo a two pronged test before impact fees can be expended within a service area. The governing authority must first consider the proximity of the improvement project to the impacting development. Secondly, it must consider what improvement project will have the greatest effect on the strains caused by the development. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Governmental Affairs - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 242 - Insurance; certain high deductible health plans; provide exemption - BILL SUMMARY: HB 242 provides insurers with an exemption from state premium taxes equal to 2.25 percent of the premiums collected from Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the IRC. It also provides for an income tax deduction for the individual taxpayer for 100% of the premium paid for high deductible health plans established and used with a health savings account under the applicable provisions of Section 223 of the IRC to the extent the deduction has not been included in federal adjusted gross income and the expenses have not been included in itemized non-business deductions. This bill would become effective January 1, 2008. - Authored By: Rep. Tom Knox of the 24th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 117; Nays: 44 HB 254 - Limited driving permits; certain offenders; allow issuance - BILL SUMMARY: This bill allows for issuance of a limited driving permit to individuals aged 18 or over that have had their driver's license suspended for exceeding the speed limit between 24 and 34 miles per hour. - Authored By: Rep. Jay Roberts of the 154th - House Committee: Motor Vehicles - Rule: Modified-Structured - Amendments(s): AM by Rep. Roberts - Adopted - Yeas: 153; Nays: 11 HB 264 - Homestead option sales and use tax; disbursing proceeds; change manner and method - BILL SUMMARY: The purpose of HB 264 is to hold homeowners within qualified municipalities (i.e., Dunwoody) "harmless" in terms of receiving homestead exemptions paid for by the Homestead Option Sales Tax. "Qualified municipality" is defined as a municipality created on or after January 1, 2007, lying wholly within or partially within a county. The homeowners would receive the same tax relief benefit as a resident of a City of Dunwoody as they currently receive living in the unincorporated area of DeKalb County. According to the current HOST statute, city residents do not receive homestead exemptions from HOST for city taxes, only county taxes. Therefore, the more services a city provides and pays for through property taxes, the less benefit a homeowner receives from HOST. The bill also would require the county (i.e. DeKalb County) to give qualified municipalities a portion of the revenue dedicated to capital projects. The point of this is that the area would receive a portion of the money (through projects) if they remained unincorporated. Also, existing municipalities will fall under these code provisions if the intergovernmental agreement becomes null and void. - Authored By: Rep. Fran Millar of the 79th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 125; Nays: 38 HB 279 - Katie Beckett waiver program; eligibility; certain children; require certain procedures - BILL SUMMARY: This bill sets up additional criteria for determining eligibility for children with Spina Bifida who attempting to qualify for the Katie Beckett program. By meeting any three of the listed criteria, eligibility is granted and no further testing is required. - Authored By: Rep. Doug Collins of the 27th - House Committee: Health & Human Services - Rule: Open - Amendments(s): N/A - Yeas: 163; Nays: 0 HB 282 - Sales & use tax; repair of certain aircrafts; sale of parts; provide exemption - BILL SUMMARY: HB 282 provides for a two year sales tax exemption on sales of engines, parts, equipment and other tangible personal property use in aircraft maintenance or repair, when such aircraft is repaired or maintained in Georgia, but not registered in Georgia. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 165; Nays: 1 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 - House Committee: Economic Development & Tourism - Rule: Open - Amendments(s): N/A - Yeas: 155; Nays: 4 HB 314 - Persons convicted of certain sex offenses; probation; DNA analysis; provide - BILL SUMMARY: Would provide that any person placed on probation after July 1, 2007, would be required to submit a DNA sample to determine identification characteristics specific to that person. The Division of Forensic Sciences of the GBI would be permitted to contract for the services and would store and maintain the information in a DA data bank, and the Department of Corrections would be responsible for collecting the sample. This Code sections would apply to the following crimes: Offenses in Chapter 5 of Title 16 crimes against persons; Rape; Sodomy or aggravated sodomy; Statutory rape; Child molestation or Aggravated child molestation; Enticing a child for indecent purposes; Sexual assault against persons in custody, detained or a patient in a hospital or sexual assault by a practitioner of psychology against a patient; Bestiality ; Necrophilia; Incest; Burglary; Robbery; Armed Robbery; Impersonating an officer; Obstruction of an officer; Offenses in Article 4 of Chapter 11 of Title 16 dangerous instrumentalities and practices; and Offenses in Chapter 13 of Title 16 controlled substances. - Authored By: Rep. Jay Neal of the 1st - House Committee: Judiciary Non-Civil - Rule: Open - Amendments(s): N/A - Yeas: 163; Nays: 2 HB 327 - Setoff debt collection; public housing authorities; authorize - BILL SUMMARY: HB 327 adds public housing authorities to the list of agencies that may participate in setoff debt collection with the Department of Revenue. Setoff debt collection is the system whereby by claimant agencies and the department cooperate to identify debtors who owe money to the state and who qualify for refunds from the department, and to establish procedures for setting off against refunds the debt owed to the state. This bill provides that these housing authorities, with respect to the collection of debt related to occupying public housing, constitute a "claimant agency", so long as they establish that the debtor has been afforded due process rights and that all reasonable collection efforts have been exhausted, and that the occupant that owes the debt has moved from the property. The bill further provides for procedures for the setoff debt process specific to housing authorities. - Authored By: Rep. Mark Williams of the 178th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 157; Nays: 6 HB 332 - Quality Basic Education Act; certain maximum class size requirements; delay implementation - BILL SUMMARY: The bill adds two years to the currently legislation relating to class size reduction so as to delay class size reduction an additional year. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Education - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 100; Nays: 68 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 - House Committee: Health & Human Services - Rule: Modified-Structured - Amendments(s): AM 33 2036 S - Adopted - Yeas: 101; Nays: 63 HB 369 - Domestic relations; child custody proceedings; provisions - BILL SUMMARY: HB 369 sets forth to provide for a shared parenting plan for divorced parents faced with child custody issues. This shared parenting plan will help parents to make joint decisions relating to the child's education, health, extracurricular activities, and religious upbringing. Furthermore, this bill provides for a direct appeal for child custody issues. - Authored By: Rep. Tom Rice of the 51st - House Committee: Judiciary - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 165; Nays: 2 HB 380 - Tax collectors and commissioners; bill or notice mailing; change certain provisions - BILL SUMMARY: This bill addresses the problem of tax commissioners sending notices of delinquent taxes to new owners in the records of the county board of tax assessors, only when it is "technologically feasible". In many instances the new owner is not getting a copy of this notice until after it is late, and interest and penalties are being assessed. There have been many instances of commissioners claiming it was not technologically feasible to notify the new owner in a timely manner. This bill removes this "if technologically feasible" language so that the new owner must be notified. - Authored By: Rep. Calvin Hill of the 21st - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 99; Nays: 63 HB 383 - Georgia Condominium Act; define terms; provisions - BILL SUMMARY: Bill amends the Georgia Condominium Act so as to allow the creation of master condominium and sub-condominium associations. Further provides that a condominium owner is not required to have a certificate of occupation in order to own said condominium. - Authored By: Rep. James Mills of the 25th - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 163; Nays: 0 HB 391 - Cemeterians State Board; members qualifications; change certain provisions - BILL SUMMARY: This bill changes one of the requirements for becoming or serving as a member of the State Board of Cementerians. It requires a member to have a minimum of 5 years of experience as a cemeterian instead of requiring a member to be registered as a practicing cemeterian in Georgia for at least 5 years immediately preceding the appointment to the Board. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Regulated Industries - Rule: Open - Amendments(s): N/A - Yeas: 165; Nays: 0 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 465-134.2) 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 - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 413 - Sales and use tax; joint county and municipal; change certain provisions - BILL SUMMARY: HB 413 provides for a sales tax exemption on property sold to or used in the construction of the Chattahoochee nature center. This bill is drafted to apply only to this nature center, by specifying that the nature center must be constructed on or after the effective date of this legislation, must be located on a parcel between 120 and 150 acres, and must have aggregate costs of $8 million or more. This exemption shall not exceed $350,000 in the aggregate, and this exemption will be applicable for the time period from April 1, 2007 to June 30, 2009. - Authored By: Rep. Charles Martin of the 47th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 419 - Commercial drivers' licenses; definitions; issuance; provisions - BILL SUMMARY: Clarifies the meaning of "fire-fighting or emergency equipment vehicle" to coincide with the definition at OCGA 40-1-1 and to require that the vehicle must be equipped with audible and visible signals and be subject to traffic regulations in accord with OCGA 40-6-6; adds to the definition of "drive" that it include operation of a vehicle in any other state or foreign jurisdiction; adds to the definition of driving under the influence that it include both commercial and noncommercial motor vehicles and that it includes a violation of Georgia DUI law as well as the laws of any other state or foreign jurisdiction; redefines "hazardous materials" to mean any material designated hazardous by federal regulations. Defines "major traffic violation" to mean a conviction for any of the following: DUI; hit and run or failure to report an accident; any felony in which a motor vehicle is used; driving a commercial vehicle with a revoked, suspended, canceled or disqualified CDL or operating a vehicle with a revoked registration; homicide by vehicle; racing on highways or streets; using a motor vehicle to flee an officer; fraudulent use of a license; theft of property engaged in commercial transportation of cargo; refusing to submit to a state administered chemical test requested by law enforcement. Revises the meaning of "serious traffic violation" to include conviction under the laws of any other state or foreign jurisdiction, excluding homicide as defined in OCGA 40-6-393 and excluding violations where the person's CDL is revoked or suspended. CDLs will expire every five years current law provides that they expire every four years. A person will be disqualified from driving a commercial vehicle for one year for a first violation of a major traffic violation; disqualified for three years for a first violation in the commission of a felony or a major traffic violation and disqualified for life for any second or subsequent violation. Adds that a person will also be disqualified for life from driving a commercial vehicle if he knowingly uses the vehicle in the commission of any felony involving the sale or traffic in marijuana current law provides for a disqualification for "controlled substances;" this includes marijuana. Disqualifies a person from operating a commercial vehicle for violations of railroad grade crossing offenses. - Authored By: Rep. Johnny Floyd of the 147th - House Committee: Judiciary Non-Civil - Rule: Open - Amendments(s): N/A - Yeas: 117; Nays: 0 HB 430 - Property; railroads; provisions - BILL SUMMARY: HB 430 excludes lands owned by railroad corporations and companies from adverse protection claims, prescription of incorporeal rights, and establishment of private ways by prescription. The exclusion of such lands applies only to railroad property that has been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or company has made a documented decision that it will not restore operations. - Authored By: Rep. David Ralston of the 7th - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): N/A - Yeas: 163; Nays: 8 HB 441 - Income tax; federal obligations; taxable income; revise provisions - BILL SUMMARY: The purpose of HB 441 is to repeal provisions of legislation passed in 2005 dealing with the tax liability computations on interest or dividends earned from US obligations, interest derived from international banking, and income from off-shore banking. Current law stemming from the 2005 legislation requires corporations to subtract direct and indirect expenses attributable to the production of income from US obligations before taking a deduction. This bill will provide for only direct expenses to be subtracted from the deduction, as was the law before the 2005 legislation was enacted. When the change to current law was made in 2005, the fiscal impact was expected to be a tax charge of about $1 million, however that has actually been determined to have caused tax increases for our state and local banks in the amount of about $12.5 million, which was not the intent of the legislature. - Authored By: Rep. Johnny Floyd of the 147th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 HB 445 - Bona fide conservation use property; buffers adjacent to rivers; change certain provisions - BILL SUMMARY: The purpose of HB 445 is to clarify the intent of legislation that was passed last year. This legislation was passed to allow charitable institutions that are exempt from ad valorem taxation produce income on their property so long as that income is used for the operation of the charitable institution. This was to allow Goodwill and Salvation Army stores, for example, to have retail stores on their property which generate income. Private companies have begun transferring large amounts of timberland into charitable trusts to take advantage of this exemption, which was not the intent of the legislation. This bill will prohibit these companies from taking advantage of this exemption by limiting the acreage on which such properties are located to 15 acres. - Authored By: Rep. Richard A Royal of the 171st - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 160; Nays: 3 HB 451 - Georgia Tourism Development Act; enact - BILL SUMMARY: The purpose of HB 451 is the promotion and development of tourism attractions in Georgia. The bill provides that companies seeking to undertake a tourism attraction project (real estate acquisitions, construction, utilities installation) may be granted a sales and use tax refund for state and local sales taxes generated by or arising at the tourism attraction. "Tourism attractions" may include cultural or historic sites, recreation or entertainment facilities, areas of natural phenomenon or beauty, convention hotels and conference centers, race tracks with lodging, and golf facilities with lodging. "Tourism attractions" may not include facilities primarily devoted to retail sales, shopping centers, restaurants, movie theaters, performing arts facilities, Georgia crafts and project centers, or recreational facilities that are not likely to draw overnight guests in commercial lodging facilities. The bill provides for the commissioner of economic development to establish standards for the filing of applications for tourism attraction projects by administrative regulations, and specifies what must be included in applications filed with this department. Such applications must include marketing plans, description and location of the project, capital and other anticipated expenditures and anticipated sources of funding, business plans indicating the average number of days per year the project will be in operation, and anticipated revenues to be generated. Approval may be granted if the project shall attract at least 50% of its visitors from out of state residents, will have approved costs in excess of $25 million, will have a positive impact on Georgia tax revenues (after refunds), will produce sufficient revenues and public demand to be operating at least 250 days per year, and will not adversely impact existing employment in Georgia. Upon approval of the application, the terms of the agreement between the company and the Department of Economic Development which grants the refund shall be ten years, and the total sales tax refund allowed over the term of the agreement is equal to the lesser of the total amount of sales tax liability of the approved company and its lessees or 25% of the approved costs for the project. The terms of such agreement must also include the projected amount of approved costs and the date the company will have completed the project and begun operations. "Tourism attractions" may include cultural or historic sites, recreation or entertainment facilities, areas of natural phenomenon or beauty, convention hotels and conference centers, race tracks with lodging, and golf facilities with lodging. "Tourism attractions" may not include facilities primarily devoted to retail sales, shopping centers, restaurants, movie theaters, performing arts facilities, Georgia crafts and project centers, or recreational facilities that are not likely to draw overnight guests in commercial lodging facilities. - Authored By: Rep. Jeff Lewis of the 15th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 164; Nays: 0 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 land-disturbing 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 - House Committee: Natural Resources & Environment - Rule: Open - Amendments(s): N/A - Yeas: 165; Nays: 0 HB 467 - University system; international baccalaureate diploma program; provide course credit - BILL SUMMARY: This bill relates to the university system in Georgia, so as to provide for course credit for entering freshmen students who have successfully completed the international baccalaureate diploma program. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Higher Education - Rule: Open - Amendments(s): N/A - Yeas: 168; Nays: 0 HB 471 - Local government; privately constructed water systems; requiring ownership transfer; prohibit - BILL SUMMARY: This bill will prohibit local governments from requiring transfer of the ownership of privately constructed water or sewage systems under certain conditions. It is narrowly drawn so as to apply to only one private system in one county in Georgia. The law will sunset January 1, 2009. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Governmental Affairs - Rule: Open - Amendments(s): N/A - Yeas: 160; Nays: 1 HB 486 - County tax commissioners; compensation; additional duties; change certain provisions - BILL SUMMARY: Currently, county tax commissioners can be hired by municipalities to collect municipal taxes. A fee is given to the county for this service, and tax commissioners are compensated by the county for their service, but these county tax commissioners may also enter into a separate contract to receive compensation above what the county is being paid. HB 486 allows the county to set the compensation for that tax commissioner, so that there is only one contract between the county and the municipality rather than two contracts, by eliminating the possibility of another contract between the county tax commissioner and the municipality. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 147; Nays: 18 HB 497 - Adoption; surrender rights; provisions - BILL SUMMARY: Bill provides for a biological father to execute a pre-birth surrender for the purposes of adoption. A form is created for said surrender in O.C.G.A. 19-8-26(f). The Bill further dissolves the birth mothers surrender of rights, should the biological father legitimate the child and the adoption is not granted. - Authored By: Rep. Donna Sheldon of the 105th - House Committee: Judiciary - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 162; Nays: 1 HB 519 - Counties and municipal corporations; taxicabs; provisions - BILL SUMMARY: This bill codifies the local ordinances governing taxicabs. Further, it provides for the transferability of certificates of public necessity and convenience and medallions for taxicabs - Authored By: Rep. Harry Geisinger of the 48th - House Committee: Governmental Affairs - Rule: Open - Amendments(s): N/A - Yeas: 164; Nays: 0 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 - House Committee: State Institutions & Property - Rule: Open - Amendments(s): N/A - Yeas: 148; Nays: 16 HB 528 - Cosmetic laser practitioners; registration certificates; provisions - BILL SUMMARY: This bill: Defines the terms of `cosmetic laser practitioner' and `cosmetic laser services'. Adds the requirement for one member of the State Board of Cosmetology to have at least 10 years of experience as a cosmetic laser practitioner at the advanced level. Brings the individuals pursuing the occupation of cosmetic laser practitioner under the supervision of the State Board of Cosmetology by requiring such individuals to obtain a cosmetic laser practitioner certificate of registration. Adds provisions for the process of obtaining such certificates and for continuing education. - Authored By: Rep. Charles Martin of the 47th - House Committee: Regulated Industries - Rule: Open - Amendments(s): N/A - Yeas: 139; Nays: 22 HB 551 - State False Medicaid Claims Act; enact - BILL SUMMARY: Bill creates the State False Medicaid Claims Act and procedures for following same. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 164; Nays: 2 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 - House Committee: Judiciary Non-Civil - Rule: Open - Amendments(s): N/A - Yeas: 167; Nays: 0 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 - House Committee: Energy, Utilities & Telecommunications - Rule: Modified-Open - Amendments(s): N/A - Yeas: 159; Nays: 0 HB 626 - Physicians; retired; continuing education hours; provisions - BILL SUMMARY: This bill would limit the requirement for continuing education among practitioners providing uncompensated care to no more than 40 hours annually, provided the physician is retired. - Authored By: Rep. Tom Graves of the 12th - House Committee: Health & Human Services - Rule: Open - Amendments(s): N/A - Yeas: 160; Nays: 0 HB 648 - Long-term care insurance; changes to certain definitions; provide - BILL SUMMARY: This bill makes changes to the definition of "long-term care insurance". By making the change, HB 648 will allow the selling of a 12 month policy where previously the law required a 24 month minimum. - Authored By: Rep. Tom Knox of the 24th - House Committee: Insurance - Rule: Open - Amendments(s): N/A - Yeas: 166; Nays: 0 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 - House Committee: Health & Human Services - Rule: Open - Amendments(s): N/A - Yeas: 166; Nays: 0 HR 201 - Georgia's High Tech Corridor; certain portion; remove designation - BILL SUMMARY: Removes the designation of a portion of Georgia's High Tech Corridor and amends Part II of a Resolution Act approved May 16, 2002. The portion of Highway 341 from the corporate limits of the City of Perry to the corporate limits of the City of Brunswick shall no longer be designated as Georgia's High Tech Corridor. The portion of US Highway 441 from the corporate limits of the City of Dublin to the point at which it connects with US Highway 341 is designated as Georgia's High Tech Corridor. - Authored By: Rep. Roger Lane of the 167th - House Committee: Transportation - Rule: Structured - Amendments(s): N/A - Yeas: 151; Nays: 0 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 - House Committee: Interstate Cooperation - Rule: Open - Amendments(s): N/A - Yeas: 165; Nays: 0 HR 322 - Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities; create - BILL SUMMARY: This resolution creates the Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities. - Authored By: Rep. Ben Harbin of the 118th - House Committee: Higher Education - Rule: Open - Amendments(s): N/A - Yeas: 159; Nays: 0 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 - House Committee: Transportation - Rule: Structured - Amendments(s): N/A - Yeas: 151; Nays: 0 HR 524 - Gerald Dasher Memorial State Farmers' Market; dedicate - BILL SUMMARY: A resolution that dedicates Gerald Dasher for his outstanding public service he rendered in Tattnall County. State Farmers' Market in Glennville, Georgia will be known as Gerald Dasher Memorial State Farmers' Market. - Authored By: Rep. Terry Barnard of the 166th - House Committee: State Institutions & Property - Rule: Open - Amendments(s): N/A - Yeas: 151; Nays: 0 * The House will reconvene Wednesday, March 28, at 1:00 PM, for its 31st 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 31st Legislative Day, Wednesday, March 28, and bills may be called at the pleasure of the Speaker. RULES CALENDAR FOR NEXT LEGISLATIVE DAY HR 55 - Family literacy; local communities; express support - BILL SUMMARY: This resolution is meant to help encourage literacy in the state of Georgia. It urges the legislature to present each newborn baby in Georgia with the gift of "baby's first book," and encourages the governor to send an accompanying message. - Authored By: Rep. Len Walker of the 107th - House Committee: Human Relations & Aging - Rule: Open HR 523 - Local school systems; honor Veterans' Day; urge - BILL SUMMARY: Urges all school systems in Georgia to honor Veterans Day. - Authored By: Rep. John Yates of the 73rd - House Committee: Defense & Veterans Affairs - Rule: Open * The Rules Committee will next meet on Wednesday, March 28, at 9:00 AM, to set the Rules Calendar for the 32nd Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Intragovernmental Coordination - Local HB 552 - Snellville, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: The Bill authorizes the City of Snellville 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. Melvin Everson of the 106th - Committee Action: Do Pass HB 647 - Kennesaw, City of; corporate city limits; change provisions - BILL SUMMARY: A Bill to change the territorial limits of the City of Kennesaw. - Authored By: Rep. Ed Setzler of the 35th - Committee Action: Do Pass HB 688 - Hancock County; Board of Education; member terms; change provisions - BILL SUMMARY: A Bill to provide compensation to the members of the Hancock County Board of Education. - Authored By: Rep. Sistie Hudson of the 124th - Committee Action: Do Pass HB 689 - Auburn, City of; change corporate boundaries; de-annex certain property - BILL SUMMARY: A Bill to de-annex certain territory from and to change the corporate limits of the City of Auburn. - Authored By: Rep. Terry England of the 108th - Committee Action: Do Pass HB 690 - Cook County; Magistrate Court; chief magistrate; provisions - BILL SUMMARY: A Bill to provide for the election of the chief magistrate of the Magistrate Court of Cook County. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass HB 694 - Franklin-Heard County Water Authority; quorum; unanimous vote; provide - BILL SUMMARY: A Bill to establish a quorum for the Franklin-Heard County Water Authority. - Authored By: Rep. Randy Nix of the 69th - Committee Action: Do Pass HB 696 - Alamo, City of; provide new charter - BILL SUMMARY: A Bill to provide a new charter for the City of Alamo. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass HB 697 - Jackson County; board of county commissioners; change voting by chairperson - BILL SUMMARY: A Bill to establish provisions for voting by the chairperson of the Board of Commissioners of Jackson County. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass HB 698 - Cartersville, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: A Bill to authorize the City of Cartersville to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Jeff Lewis of the 15th - Committee Action: Do Pass HB 700 - DeKalb County; county budget; certain constitutional officers; provide exemption - BILL SUMMARY: A Bill to provide an exemption in DeKalb County for certain county officers regarding the Chief Executive's authority to enforce certain provisions regarding the county budget. - Authored By: Rep. Earnest Williams of the 89th - Committee Action: Do Pass HB 702 - Pine Lake, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: A Bill to authorize the City of Pine Lake to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Michele Henson of the 87th - Committee Action: Do Pass HB 703 - Clayton County; Magistrate Court; chief magistrate; provide annual salary increases - BILL SUMMARY: A Bill to provide compensation to the chief magistrate of the Magistrate Court of Clayton County. - Authored By: Rep. Darryl Jordan of the 77th - Committee Action: Do Pass HB 704 - Clayton County; sheriff; compensation; change provisions - BILL SUMMARY: A Bill to provide compensation to the sheriff of Clayton County. - Authored By: Rep. Darryl Jordan of the 77th - Committee Action: Do Pass HB 705 - Board of Elections and Registration of Effingham County; create - BILL SUMMARY: A Bill to create a board of elections and registration for Effingham County and to provide for its powers and duties. - Authored By: Rep. Earl Carter of the 159th - Committee Action: Do Pass HB 706 - Effingham County; county surveyor; abolish elected office; provide appointment - BILL SUMMARY: A Bill to abolish the elected office of county surveyor in Effingham County and to provide for appointment to the position by the county commission. - Authored By: Rep. Earl Carter of the 159th - Committee Action: Do Pass HB 708 - Dallas, City of; certain officials; provisions - BILL SUMMARY: A Bill to amend the charter of the City of Dallas relating to the mayor, city manager, chief executive officer, police chief, and city clerk. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass HB 712 - DeKalb County; require school uniforms; provide nonbinding advisory referendum - BILL SUMMARY: A Bill to provide for a nonbinding, advisory referendum for residents served by the DeKalb County School System regarding whether school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through ninth grades and subsequently phased in through grade 12. - Authored By: Rep. Randal Mangham of the 94th - Committee Action: Do Pass HB 723 - Charlton County; board of education districts; change provisions - BILL SUMMARY: A Bill to reapportion the districts of the Charlton County Board of Education. - Authored By: Rep. Mark Hatfield of the 177th - Committee Action: Do Pass HB 724 - Charlton County; commissioner districts; change provisions - BILL SUMMARY: A Bill to reapportion the districts of the Charlton County Board of Commissioners. - Authored By: Rep. Mark Hatfield of the 177th - 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 9:00 AM 10:00 AM 10:00 AM 10:30 AM 10:30 AM - RULES Wednesday, March 28, 2007 Tags & Title Subcommittee of Motor Vehicles CODE REVISION 341 CAP 515 CLOB 415 CLOB 11:00 AM 10:30 AM 11:00 AM Driver Safety & Services Subcommitee of Motor Vehicles 11:00 AM 12:00 PM Subcommittee Two (Mumford) Judiciary Non-Civil 2:00 PM - 4:00 PM State Properties Subcommittee of State Institutions 3:00 PM - 4:00 PM RETIREMENT 3:00 PM - 4:00 PM TRANSPORTATION 515 CLOB 132 CAP Upon adjournment 415 CLOB 403 CAP 606 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. ____________________________________________________________________________ To view this report or any previous legislative day reports, please the House Communications website at www.legis.ga.gov; then Click on Member Services. CONTACT: BRENT CRANFIELD (404) 656-0305 Brent.Cranfield@house.ga.gov