MEMBER SERVICES Coverdell Legislative Office Bldg. Suite 609 Phone: (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 35th Legislative Day on Wednesday, April 11, at 1:00 PM. * 1 bill is expected to be debated on the floor. GGEEOORRGGIIAAHHOOUUSSEE OOFF RREEPPRREESSEENNTTAATTIIVVEESS DAILY REPORT TTuueessddaayy,,AApprriill 1100,, 22000077 TODAY ON THE FLOOR 3344tthh LLeeggiissllaattiivvee DDaayy RULES CALENDAR HR 415 - Government of Turkey; urge to grant the Ecumenical Patriarch international recognition - BILL SUMMARY: Urges the Government of Turkey to uphold and safeguard religious and human rights without comprise; cease its discrimination of the Ecumenical Patriarchate (His All Holiness Ecumenical Patriarch Bartholomew serves as the spiritual leader and representative worldwide voice of some 300 million Orthodox Christians throughout the world); grant the Ecumenical Patriarch appropriate international recognition, ecclesiastic succession, and the right to train clergy of all nationalities; and respect the property rights and human rights of the Ecumenical Patriarchate. The urging comes as a result of Turkish government's current treatment of the Ecumenical Patriarchate being inconsistent with the membership conditions and goals of the European Union which defined membership criteria for accession at the Copenhagen European Council in 1993, obligating candidate countries to achieve certain levels of reform, including stability of institutions guaranteeing democracy, adherence to the rule of law, and respect for and protection of minorities and human rights. - Authored By: Rep. Mike Cheokas of the 134th - House Committee: Human Relations & Aging - Rule: Open - Amendments(s): N/A - Yeas: 155; Nays: 0 * The House will reconvene Wednesday, April 11, at 1:00 PM, for its 35th 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 35th Legislative Day, Wednesday, April 11, and bills may be called at the pleasure of the Speaker. RULES CALENDAR FOR NEXT LEGISLATIVE DAY SB 70 - Financial Institutions; update banking laws to reflect changes in federal law - BILL SUMMARY: This bill updates the banking laws in order to reflect changes in federal law. It excludes the value of good will in certain transactions to minimize its impact on limits of loans, investments and fixed assets. This bill more closely follows federal agency rules and regulations regarding real estate loans. It also follows the language of the Georgia Corporate Code to allow for the electronic transmission of proxy. Further, this legislation defines share exchange and allows for share exchange in mergers or consolidations. It changes the qualifications for check sellers and requires background checks on employees and agents of check sellers. This bill also clarifies the licensee's obligation to post a bond as well as clarifies the registration and testing of check sellers who are not licensed. It provides for a cease and desist order to be issued against noncompliant licensees and specifies a penalty for withholding or falsifying information submitted to the Department of Banking and Finance. In addition, it makes provisions for advertisement restrictions and for background checks for check cashers and mortgage lenders or mortgage brokers as well as places a limit on the checkcashing fee. - Authored By: Sen. William Hamrick of the 30th - House Committee: Banks & Banking - Rule: Open * The Rules Committee will next meet on Wednesday, April 11, at 11:00 AM, to set the Rules Calendar for the 36th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Tuesday, April 10, 2007 Economic Development & Tourism SB 200 - Georgia Smart Infrastructure Growth Act; creation - BILL SUMMARY: This legislation authorizes the creation of Infrastructure Development Districts. This legislation will only become effective January 1, 2009 upon the ratification of Senate Resolution 309. Senate Resolution 309 proposes an amendment to the Georgia State Constitution to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts. Voters in Georgia will vote in a state-wide referendum to accept or reject the proposed amendment. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass by Committee Substitute SR 309 - Infrastructure Development Districts; provide by general law the creation and comprehensive regulation-CA - BILL SUMMARY: This resolution proposes an amendment to the Georgia State Constitution to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts. However, infrastructure development districts may only be created when approved: by a county governing authority when the entire district is proposed to be in the unincorporated area of a county; by a municipal governing authority when the entire district is proposed to be wholly within the municipality; or both a county governing authority and a municipal governing authority when the district is proposed to be partially in the unincorporated area of a county and partially in a municipality. Voters in Georgia will vote in a state-wide referendum to accept or reject the proposed amendment. The purpose of an infrastructure development district will be the creation, provision, and expansion of such infrastructure services and facilities as provided for by general law. The governing body of such infrastructure development district may be authorized to levy, impose, and collect taxes, fees, and assessments within the district. The governing body of an infrastructure development may incur debt, but will not be an obligation of Georgia or any entity unit of government of Georgia. Infrastructure development districts will not limit the authority of any county or municipality to provide services or facilities within the infrastructure development district, nor will the infrastructure development districts interfere with any authority or control of county or municipal facilities located within each district. Also, the governing body of the infrastructure development district will not have the power of eminent domain. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass Game, Fish, & Parks SB 27 - Vessels; abandoned; provide for revocation of certificates of number which have not been redeemed - BILL SUMMARY: This bill addresses a problem with vessels being abandoned (either sunken, abandoned at docks, set adrift or run aground on beaches and in sounds) by their owners without being properly disposed. Senate Bill 27 would give the State a process to hold vessel owners accountable for their property. With the amendments this bill proposes, the State would be able to take action against vessel owners who do not recover their stored or abandoned vessels. The Commissioner of the Georgia Department of Natural Resources may revoke, suspend, deny, or refuse to renew any vessel certificate of number or commercial fishing boat license that is held by or has been applied for by the person; further, the State Revenue Commissioner may revoke, suspend, deny, or refuse to renew any motor vehicle registration that is held by or has been applied for by the person. Such owner would be ineligible for a Georgia vessel registration, commercial fishing boat license or motor vehicle registration until the vessel is removed and/or storage or recovery costs/liens have been paid or satisfied. This bill should help to prevent the continued abandonment or intentional sinking of derelict vessels, which is increasing on the Georgia coast and therefore increases the burden on Georgia's taxpayers when the State must pay for the recovery and cleanup. - Authored By: Sen. Eric Johnson of the 1st - Committee Action: Do Pass Intragovernmental Coordination - Local HB 687 - Unincorporated DeKalb County Community Improvement District Act; redefine certain term - BILL SUMMARY: A Bill to amend the Act authorizing the creation of community improvement districts in unincorporated DeKalb County so as to redefine the term "project." - Authored By: Rep. Jill Chambers of the 81st - Committee Action: Do Pass HB 792 - City of Canton Community Improvement District Act; enact - BILL SUMMARY: A Bill to authorize the City of Canton to create community improvement districts. - Authored By: Rep. Calvin Hill of the 21st - Committee Action: Do Pass HB 796 - Albany, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: A Bill to authorize the City of Albany to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Winfred Dukes of the 150th - Committee Action: Do Pass Judiciary SB 42 - Child Support Recovery; authorize Dept. of Human Resources to impose fees on child support collections - BILL SUMMARY: Bill 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 noncustodial parent after the agency has collected $500.00 of child support annually, and will apply to "never TANF" recipients only. - Authored By: Sen. Seth Harp of the 29th - Committee Action: Do Pass SB 61 - Child-Placing Agency; require petitioner to submit to a criminal history records check - BILL SUMMARY: Bill requires petitioners for child placement submit to a criminal records check. This will include a submission of fingerprints to the GCIC who will then transfer said search over to the FBI so that a federal criminal records search can be performed. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass SB 88 - Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances - BILL SUMMARY: Bill creates the "Care of Grandchild Act" which allows for a parent(s) to delegate caregiving authority of a minor child to any grandparent when hardship prevents said parent from caring for the child. Allows for such delegation by executing, in writing, a power of attorney and no approval by the court will be required. Bill further creates the "Grandchildren's Caregiver Subsidy Act" which provides benefits for those minors who's grandparents have an annual income less than 200 percent of the federal poverty level and meets other requirements. - Authored By: Sen. Renee Unterman of the 45th - Committee Action: Do Pass by Committee Substitute SB 101 - Agricultural Facilities; redefine a term - BILL SUMMARY: Bill amends the definition of "forest product processing plant" so as to include a plant that "manufactures, packages, labels, distributes, or stores any building material made from gypsum rock." Code section relates to the treatment of forest products not being a nuisance. - Authored By: Sen. Ross Tolleson of the 20th - Committee Action: Do Pass SB 209 - Augusta Judicial Circuit; judges of Superior Court; supplement; change provisions - BILL SUMMARY: Bill allows superior court judges in the Augusta Judicial Circuit to receive an annual supplement of $20,000.00 per year from Columbia County funds beginning on July 1, 2007. The current supplement from Columbia County is $10,000.00 annually. - Authored By: Sen. Jim Whitehead, Sr. of the 24th - Committee Action: Do Pass SB 234 - Secretary of State; collect a filing fee for certificates of conversion; Georgia corporation to foreign corporation - BILL SUMMARY: Creates a new subsection under Title 14 which requires that a certificate of conversion be filed with the Secretary of State and also sets a fee of $95.00 for filing a certificate of conversion. - Authored By: Sen. Bill Cowsert of the 46th - Committee Action: Do Pass Judiciary Non-Civil SB 24 - Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties - BILL SUMMARY: Allows for criminal action against employers and individuals accused of internet "phishing;" allows individuals to take action against the wrong-doer. - Authored By: Sen. Cecil Staton of the 18th - Committee Action: Do Pass by Committee Substitute SB 54 - Offenses; incest; provide for gender neutrality - BILL SUMMARY: Changes gender-specific language to gender neutral language so as to provide for gender neutrality with regard to the crime of incest. - Authored By: Sen. Preston W. Smith of the 52nd - Committee Action: Do Pass by Committee Substitute SB 62 - Georgia Crime Information Center; provide certain conditions for requesting criminal history records - BILL SUMMARY: Would allow criminal records checks of fingerprints to be done electronically. Applies to existing Code sections that allow background checks. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass SB 79 - Criminal Attempt; increase maximum punishment for convictions; felonies punishable by death/life imprisonment - BILL SUMMARY: Changes the maximum sentence for criminal attempt to commit a crime that, if committed, would be a felony punishable by death or life imprisonment from a maximum of 10 years to a maximum of 30 years in prison. Those felonies that, if committed, would carry a sentence that is neither death nor life imprisonment would carry a maximum of no more than one-half the maximum period of time for an attempt this penalty provision is current law. - Authored By: Sen. William Hamrick of the 30th - Committee Action: Do Pass SB 98 - Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power - BILL SUMMARY: Creates the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007 current law contains at OCGA 16-12-100.2 the "Computer Pornography and Child Exploitation Prevention Act of 1999." Adds to the Act the definition of "electronic device" so as to punish those who would seek to communicate with a child for sexual purposes with an electronic device other than a computer such as a cell phone, video game system, or any other electronic device that could be used in furtherance of exploiting a child for sexual purposes. Would subject to prosecution a person within this state who seeks to exploit a child within or outside this state. Authorizes the Georgia Bureau of Investigation to investigate violations of the "Computer or Electronic Pornography and Child Exploitation Prevention Act." - Authored By: Sen. William Hamrick of the 30th - Committee Action: Do Pass by Committee Substitute SB 100 - Crime; knowingly manufacturing, selling, or distributing false identification documents; increase certain penalties - BILL SUMMARY: Changes penalties based on the age of the person for the crime of knowingly manufacturing, selling or distributing false identification documents. Any person 21 years of age or older who knowingly manufactures, sells, possesses or distributes false identification will be punished by imprisonment from one to five years, a fine or both. Any person under 21 who knowingly manufactures, sells, possesses or distributes false identification will be punished by a misdemeanor. - Authored By: Sen. Chip Pearson of the 51st - Committee Action: Do Pass SB 190 - Pretrial Proceedings; insanity/mental incompentency; definitions; evaluation - BILL SUMMARY: Would allow the committing court the court with jurisdiction over the criminal charges against the defendant at its discretion to allow an evaluation of mental incompetence to be done on an outpatient basis by the Department of Human Resources if the defendant is charged with a misdemeanor offense or a nonviolent offense. If any defendant is found incompetent to stand trial and there is not a substantial probability that the person will attain competency The person may be returned to the custody of law enforcement or remain in DHR custody. The committing court may order an independent evaluation of the defendant and may refer the case to probate court for commitment proceedings or conduct a hearing and consider all reports and determine whether the defendant meets criteria for involuntary civil commitment as an inpatient or outpatient. If the defendant does not meet criteria for in or outpatient commitment the he or she shall be released. If the defendant does meet the criteria he or she may be committed if the offense is a misdemeanor the defendant will only be committed for up to one year at which point all charges will be dismissed if the offense if a felony the defendant may only be released by order of the committing court. DHR will report annually on whether the defendant meets the criteria for involuntary commitment. Would allow a defendant who is an outpatient and found to be mentally competent to stand trial by DHR may remain in the community until his or her trial. - Authored By: Sen. Seth Harp of the 29th - Committee Action: Do Pass Public Safety and Homeland Security HR 534 - Emergency 9-1-1 Assistance Fund; certain revenue dedication; authorize - CA - BILL SUMMARY: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide dedication of certain revenue derived from fees from the 9-1-1 fee charges on prepaid wireless service subscriptions to the Emergency 9-1-1 Assistance Fund for certain purpose in order to save lives. The resolution will provide that such funds shall not lapse. - Authored By: Rep. John Lunsford of the 110th - Committee Action: Do Pass Monday, April 10, 2007 Judiciary Non-Civil SB 23 - Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States - BILL SUMMARY: Would allow a sentencing court to inquire whether a person to be sentenced is lawfully present in the United States under federal law Would allow the Board of Pardons and Paroles to inquire whether a person to be paroled is lawfully present in the United States under federal law If the Court or the Board of Pardons and Paroles determines that an individual is not lawfully in the United States the court or the Board shall inquire as to whether that person could be subject to deportation If the Court or the Board determines that that individual is subject to deportation it may take into consideration when making its decision regarding probation or suspended sentence or parole whether it is likely that deportation could intervene and frustrate the state interest if probation or parole is granted If the Court or the Board determines that deportation will frustrate the state interest the court or the Board is authorized to decline to probate, suspend or parole the offender in furtherance of the state interest - Authored By: Sen. John Douglas of the 17th - Committee Action: Do Pass SB 139 - Georgia Public Defender Standards Council; transfer from judicial branch to executive branch - BILL SUMMARY: Moves the Georgia Public Defender Standards Council under the aegis of the Executive branch of state government; currently it is under the Judiciary - Authored By: Sen. John Wiles of the 37th - Committee Action: Do Pass SB 203 - Secondary Metals Recyclers; public utilities/transportation; increased penalties - BILL SUMMARY: A secondary metals recycler can be convicted of theft by taking, theft by conversion, or theft by receiving stolen property; the person who sold the recycler the metals can be convicted of theft by taking, theft by conversion, or theft by receiving stolen property, or criminal damage to property in the first degree The court shall order either person so convicted to make restitution including attorney's fees, court costs and other expenses to the recycler or lawful owner as appropriate A person selling secondary metals or a secondary metals recycler in violation of OCGA 10-1-357 shall be guilty of a misdemeanor unless the value of the metal in its original and undamaged condition plus any costs incurred, or which would be incurred, in repairing the damaged property exceeds $500 in the aggregate then that person would be punished as for a felony Conviction would carry a fine of not more than $5,000 or imprisonment from 1-5 years or both Adds to the penalties for theft by taking, deception, conversion, of services, lost or mislaid property, receiving stolen property, receiving stolen property from another state or bringing stolen property into this state to provide that if the property was ferrous metal or regulated metal property and the aggregate amount exceeds $500 the punishment will include imprisonment for 1-5 years and/or a fine of up to $5000 or both - Authored By: Sen. Seth Harp of the 29th - Committee Action: Do Pass Retirement SB 161 - Retirement; disability benefits; physical exam done at convenient place of beneficiary; delete provisions - BILL SUMMARY: This bill revises certain provisions relating to the handling of medical examinations for individuals who first or again become members of the Employees' Retirement System on or after July 1, 2007, and who receive disability benefits, but have not yet attained retirement age. Additionally, this bill provides that disability benefits paid to such members would be reduced in the amount equal to the workers' compensation benefits that such members receive based on a disability. - Authored By: Sen. Bill Heath of the 31st - Committee Action: Tabled SB 162 - Retirement; person who becomes member; disability benefit; actual years of creditable service - BILL SUMMARY: This bill revises the method for calculating disability benefits for persons who become members of the Employees' Retirement System on or after July 1, 2007. It requires the members to have 15 years of creditable service in order to become eligible for disability benefits. Eligible members would receive a disability benefit which is calculated based upon the number of years of creditable service attained and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months. - Authored By: Sen. Bill Heath of the 31st - 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 8:00 AM 9:00 AM 8:00 AM 8:30 AM 8:00 AM 9:00 AM 9:00 AM 10:00 AM 9:30 AM 10:00 AM 10:00 AM 11:30 AM 10:00 AM 11:00 AM 10:00 AM 11:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 2:00 PM 3:00 PM 2:00 PM 3:30 PM 2:00 PM 3:00 PM 3:00 PM 5:00 PM 3:00 PM 4:00 PM 3:00 PM 4:00 PM Wednesday, April 11, 2007 NATURAL RESOURCES & ENVIRONMENT 606 CLOB SPECIAL RULES 515 CLOB General Government Subcommittee of Budget and Fiscal Affairs 403 CAP APPROPRIATIONS CURRENTLY POSTPONED 341 CAP Health & Life Subcommittee of Insurance 406 CLOB EDUCATION 506 CLOB Admin and Licensing Subcommitee of Insurance 417 CAP Ways and Means Income Tax Subcommitee 133 CAP RULES 341 CAP REGULATED INDUSTRIES 515 CLOB HIGHER EDUCATION 606 CLOB Crawford Subcommitee of Judiciary Civil 406 CLOB STATE INSTITUTIONS & PROPERTY INDUSTRIAL RELATIONS TRANSPORTATION JUDICIARY NON-CIVIL 506 CLOB 506 CLOB or Upon Adjournment 606 CLOB 132 CAP or Upon Adjournment * 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