MEMBER SERVICES Coverdell Legislative Office Bldg. Suite 609 Phone: (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 37th Legislative Day on Monday, April 16, at 10:00 AM. * 10 bills are expected to be debated on the floor. GGEEOORRGGIIAAHHOOUUSSEE OOFF RREEPPRREESSEENNTTAATTIIVVEESS DAILY REPORT FFrriiddaayy,,AApprriill 1133,, 22000077 TODAY ON THE FLOOR 3366tthh LLeeggiissllaattiivvee DDaayy CONFERENCE COMMITTEE REPORT 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 - House Committee: Appropriations - Conference Committee Members: Rep. Jerry Keen of the 179th, Rep. Ben Harbin of the 118th, Rep. Mark Burkhalter of the 50th, Sen. Eric Johnson of the 1st, Sen. Tommie Williams of the 19th, Sen. Jack Hill of the 4th - Yeas: 166; Nays: 0 - Adoption of the conference committee report represents final passage of this bill. MOTIONS TO AGREE HB 79 - Motor vehicles; light transmission through windows; materials; provisions - BILL SUMMARY: This bill adds federal, state and local government vehicles, as well as licensed private detectives' vehicles, to the list of exemptions from Georgia's window tinting restrictions. - Authored By: Rep. Ronald Forster of the 3rd - House Committee: Motor Vehicles - A motion to agree represents final passage of this bill. HB 90 - Funeral establishments; adequate stock of funeral caskets; provisions - BILL SUMMARY: This bill says that the funeral establishments do not have to display actual caskets and allows them to display models, mock-ups or sections of caskets, all of which must be either available in stock or available for delivery within 24 hours. It also requires that each funeral establishment has in stock at least 8 funeral caskets and takes away from the board the ability to raise that requirement. - Authored By: Rep. Chuck Sims of the 169th - House Committee: Regulated Industries - A motion to agree represents final passage of this bill. HB 91 - Executive branch of government; certain reports; provide to General Assembly - BILL SUMMARY: This legislation provides detail on state agency spending by requiring each agency to submit annual reports to the Senate and House Appropriations Committees and the House Budget and Fiscal Affairs Oversight Committee. The reports will include the following: a statement of tax revenues and operating revenues for each agency for the previous fiscal year; a statement of total expenditures made by the agency during the previous fiscal year; a list of all written contracts during the previous fiscal year for greater than $50,000; a list of employment or consultant contracts if compensation is greater than $20,000; a list of names of each person, firm, or corporation that has received greater than $20,000 in the previous fiscal year; and a list of consultant expenses and other professional expenses. - Authored By: Rep. Jill Chambers of the 81st - House Committee: Budget and Fiscal Affairs Oversight - A motion to agree represents final passage of this bill. HB 153 - Juveniles; Division of Family and Children Services; provide certain requirements - BILL SUMMARY: HB 153 seeks to provide additional judicial oversight in regards to the deprivation of juveniles. The new language requires DFACS to give a notice to the court, child, parents, guardians, and attorneys of record, five (5) days prior to the placement change of a child. All parties involved will have the right to request a hearing in regards to the change in location of the child. Exceptions will be made regarding emergency cases, where only the court shall be notified. - Authored By: Rep. Barry Loudermilk of the 14th - House Committee: Judiciary - A motion to agree represents final passage of this bill. 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 - A motion to agree represents final passage of this bill. HB 227 - Consumer Choice for Television Act; enact - BILL SUMMARY: A statewide franchise would add an additional option to the local franchising process currently in place. The cities/counties equitably by preserving franchise fees of up to 5% of gross revenues, preserving the local franchising process as an option for providers, allowing their continued local regulation of the right-of-way, preserving the ability of local governments to run Public, Educational, and Government (PEG) channels on the new networks, and allowing local governments to handle customer complaints. The holder of a state franchise shall comply with the customer service standards set forth by federal law. Each affected local governing authority shall receive and handle complaints from subscribers of the holder of a state franchise that reside in the affected local governing authority's jurisdiction. The Secretary of State's office shall conduct a rulemaking to establish uniform rules pursuant to which an affected local governing authority may resolve subscriber complaints and to establish any uniform procedures necessary to implement subsection (c) of Code Section 36-76-11. - Authored By: Rep. Jeff Lewis of the 15th - House Committee: Energy, Utilities & Telecommunications - A motion to agree represents final passage of this bill. HB 270 - Juvenile proceedings; appointment of guardian ad litem; change provisions - BILL SUMMARY: Revises definitions related to a Court Appointed Special Advocate or "CASA" to provide that a CASA will be a community volunteer who is trained, screened and supervised by the court, and has been appointed a guardian ad litem by the court in a juvenile deprivation proceeding. The CASA will be sworn in by a juvenile court judge and will not be assigned a case before being sworn in. CASAs will be appointed as early as possible in the proceedings by a signed order and his or her duties will be to advocate for the best interests of the child. As an advocate for the child the CASA will be notified of all court proceedings and will have access to all records and information relevant to the child's case; the CASA's right to access those records will be as broad as any attorney's rights. CASA's will be immune from liability and can be removed by the court for nonparticipation or for acting in a manner contrary to the child's best interest or if the court deems further service unnecessary. - Authored By: Rep. David Ralston of the 7th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill. HB 273 - Oconee County; Board of Commissioners; member terms; provide - BILL SUMMARY: A Bill to provide staggered terms for the members of the Oconee County Board of Commissioners pending approval to do so in a local referendum. - Authored By: Rep. Bob Smith of the 113th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill. HB 386 - Superior court fees; instrument recordings; provide additional fees - BILL SUMMARY: HB 386 creates 15-6-77(o) which provides for an additional $2.00 fee for cross-indexing entries when filing with the Clerk of Superior Court. - Authored By: Rep. Roger Lane of the 167th - House Committee: Judiciary - A motion to agree represents final passage of this bill. HB 582 - Lanier County; probate judge serves as chief magistrate; January 1, 2009; provide - BILL SUMMARY: A Bill to provide that the probate judge of Lanier County shall serve as chief magistrate of the Magistrate Court of Lanier County and to provide that the appointment and number of magistrate judges shall be determined by the county commission. - Authored By: Rep. Jay Shaw of the 176th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill. HB 757 - Bacon County; board of elections and registration; create - BILL SUMMARY: A Bill to create a board of elections and registration for Bacon County and to provide for its powers and duties. - Authored By: Rep. Tommy Smith of the 168th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill. HB 784 - Riverdale, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: A Bill to authorize the City of Riverdale to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Darryl Jordan of the 77th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill. MOTIONS TO DISAGREE 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 - A motion to disagree sends this bill back to the Senate for consideration. HB 330 - Georgia State Board of Pharmacy; registry of pharmacy technicians; establish - BILL SUMMARY: This bill requires the Georgia State Board of Pharmacy to establish a process of maintaining a registry of pharmacy technicians. The updated information on the pharmacy technicians will be provided to the board by the pharmacist in charge of that pharmacy. The board will be allowed to collect fees from pharmacy technicians for maintaining the registry. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Regulated Industries - A motion to disagree sends this bill back to the Senate for consideration. RULES CALENDAR HB 95 - General appropriations; State Fiscal Year July 1, 2007 - June 30, 2008 - BILL SUMMARY: This bill provides appropriated sums of money for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008. The funding will be used for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies. Further, it provides funding for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law. - Authored By: Rep. Glenn Richardson of the 19th - House Committee: Appropriations - Rule: Open - Amendments(s): N/A - Yeas: 156; Nays: 7 SB 224 - Motor Vehicles; commercial vehicle and fleet policy; change the definition - BILL SUMMARY: This bill changes the term "commercial vehicle policy" to "commercially insured vehicle policy in the definitions section of OCGA 40-2-137. - Authored By: Sen. Ralph Hudgens of the 47th - House Committee: Insurance - Rule: Open - Amendments(s): N/A - Yeas: 158; Nays: 0 * The House will reconvene Monday, April 16, at 10:00 AM, for its 37th 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 37th Legislative Day, Monday, April 16, and bills may be called at the pleasure of the Speaker. RULES CALENDAR FOR NEXT LEGISLATIVE DAY 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 non-custodial 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 - House Committee: Judiciary - Rule: Open 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 - House Committee: Judiciary - Rule: Open SB 81 - Special Licenses; 100 years of scouting; Boy Scouts of America - 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 Further, it creates several special license plates including ones for 100 years of Scouting, Garden Club of Georgia, Autism Treatment, Georgia Municipal Clerks, and Cobb County Schools. - Authored By: Sen. Chip Pearson of the 51st - House Committee: Motor Vehicles - Rule: Modified-Structured SB 95 - Cigarettes/Tobacco; minors; unlawful to attempt purchase; vending machines; change certain provisions - BILL SUMMARY: Clarifies existing law to provide that the attempt to buy tobacco by a minor is a violation; amends the vending machine statute related to the dispensation of tobacco products to make it clear that it is not permissible to put non-tobacco products (except for matches) in vending machines that dispense any tobacco products. - Authored By: Sen. Joseph Carter of the 13th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured SB 156 - Retirement; counties, municipal corporations; post-employment benefits; define certain terms - BILL SUMMARY: This bill amends provisions relating to minimum funding standards for public retirement systems. Specifically, this bill would authorize political subdivisions to create retiree health benefit plans for the purpose of providing for the payment of covered post-employment health care expenses for eligible, present and future retirees. This bill would require that the plan and assets of any trust or fund be under the governance and investment authority of a retirement system maintained by the political subdivision or other board of trustees established for such purpose. - Authored By: Sen. Don Balfour of the 9th - House Committee: Retirement - Rule: Open 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 - House Committee: Judiciary Non-Civil - Rule: Modified-Structured 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 - House Committee: Economic Development & Tourism - Rule: Open 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 - House Committee: Judiciary - Rule: Open SB 235 - Corrections, Dept. Of; certified correctional employees; leave under certain conditions may retain their badges - BILL SUMMARY: This bill amends Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the conferral of police powers by the commissioner of the Department of Corrections. This will provide that certified correctional employees of the Department of Corrections who leave the department under certain conditions may retain their badges. - Authored By: Sen. Johnny Grant of the 25th - House Committee: State Institutions & Property - Rule: Open 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 - House Committee: Economic Development & Tourism - Rule: Structured * The Rules Committee will next meet on Monday, April 16, at 9:00 AM, to set the Rules Calendar for the 38th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Insurance SB 109 - Insurance; definitions; include plan administrators in prompt pay requirements - BILL SUMMARY: This bill reauthorizes the Georgia Health Insurance Risk Pool. - Authored By: Sen. Ralph Hudgens of the 47th - Committee Action: Do Pass by Committee Substitute SB 183 - Insurance; authorize agents to charge/collect certain fees; provide for keeping records of such fees; separate receipts - BILL SUMMARY: This bill allows insurance agents to charge and collect certain administrative fees directly from consumers according to a fee schedule prescribed by statute. The agent must disclose those fees to the consumer and give a separate receipt for the fees charged. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass by Committee Substitute SB 213 - Insurance Commissioner; waive retaliatory obligations, prohibitions or restrictions under certain circumstances; provide exceptions - BILL SUMMARY: This bill would allow the Commissioner to waive certain retaliatory obligations, prohibitions, or restrictions that would prohibit entry into Georgia of any insurer domiciled in another state if, in his discretion, the entry of such insurer would be expected to enhance competition in this state and would be in the best interest of the citizens of this state. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass Intragovernmental Coordination SB 149 - Probate Court of Floyd County; office of judge; nonpartisan elections - BILL SUMMARY: A Bill to provide for the nonpartisan election of the Probate Judge of Floyd County after January 1, 2008. - Authored By: Sen. Preston Smith of the 52nd - Committee Action: Do Pass Intragovernmental Coordination - Local HB 725 - South Fulton, City of; territory description; change provisions - BILL SUMMARY: A Bill to change the description of the territory to be included in the City of South Fulton, to correct a language error in the description, and to change provisions relative to the exclusion of territory within other municipal corporations. - Authored By: Rep. Virgil Fludd of the 66th - Committee Action: Do Pass by Committee Substitute HB 809 - City of Milton Public Buildings and Facilities Authority Act; enact - BILL SUMMARY: A Bill to create the City of Milton Public Buildings and Facilities Authority and to provide for its powers and duties. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass HB 810 - Milton, City of; corporate limits; change - BILL SUMMARY: A Bill to describe the corporate limits of the City of Milton. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass by Committee Substitute HB 811 - Milton, City of; mayor and councilmembers; provisions - BILL SUMMARY: A Bill to provide for terms of office, salary, expenses, powers, duties, and appointments of the mayor and councilmembers of the City of Milton. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass HB 812 - Roswell, City of; corporate limits; change - BILL SUMMARY: A Bill to describe the corporate limits of the City of Roswell. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass HB 813 - City of Milton Parks and Recreation Authority Act; enact - BILL SUMMARY: A Bill to create the City of Milton Parks and Recreation Authority and to provide for its powers and duties. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass HB 814 - Cobb County Commission on Children and Youth; re-create - BILL SUMMARY: A Bill to re-create the Cobb County Commission on Children and Youth and to provide for its powers and duties. - Authored By: Rep. Judy Manning of the 32nd - Committee Action: Do Pass HB 817 - McPherson Implementing Local Redevelopment Authority Act; enact - BILL SUMMARY: A Bill to create the McPherson Implementing Local Redevelopment Authority on the site formerly occupied by Fort McPherson in Fulton County and to provide for its powers and duties. - Authored By: Rep. Bob Holmes of the 61st - Committee Action: Do Pass HB 818 - Chatham County; county surveyor; provisions - BILL SUMMARY: A Bill to abolish the elected office of county surveyor in Chatham County and to provide for the appointment of a county surveyor by the county commission. - Authored By: Rep. Earl Carter of the 159th - Committee Action: Do Pass HB 819 - Cobb County-Marietta Water Authority; members and chairperson; provide pay increase - BILL SUMMARY: A Bill to provide an increase in compensation to the members and chairperson of the Cobb County-Marietta Water Authority. - Authored By: Rep. Matt Dollar of the 45th - Committee Action: Do Pass HB 820 - Cobb County State Court; judges; change compensation - BILL SUMMARY: A Bill to increase the compensation of the judges of Division 1 of the State Court of Cobb County. - Authored By: Rep. Steve Tumlin of the 38th - Committee Action: Do Pass HB 821 - Cobb County State Court; solicitor-general and assistant solicitors; change compensation - BILL SUMMARY: A Bill to increase the compensation of the solicitor general, chief assistant solicitor, assistant solicitors, deputy assistant solicitors, and intake solicitor of the State Court of Cobb County. - Authored By: Rep. Steve Tumlin of the 38th - Committee Action: Do Pass HB 824 - Warner Robins, City of; real property disposition; change provisions - BILL SUMMARY: A Bill to authorize and to provide for the disposition of real property by the City of Warner Robins. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass HB 825 - Savannah, City of; evicted tenants property; provide certain procedures - BILL SUMMARY: A Bill to provide procedures regarding the property of evicted tenants in the City of Savannah. - Authored By: Rep. Lester Jackson of the 161st - Committee Action: Do Pass Motor Vehicles SB 251 - Motor Vehicles; require establishment by Dept. of Revenue of internet website for stolen/towed motor vehicles - BILL SUMMARY: This bill requires the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles. Further, it requires that each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within twelve hours. - Authored By: Sen. Curt Thompson of the 5th - Committee Action: Do Pass by Committee Substitute Transportation HR 468 - Sheriff D. J. Connell Memorial Highway; dedicate - BILL SUMMARY: A resolution commemorating Sheriff D.J. Connell by dedicating the portion of SR 41 in Cook County from mile marker 0 to mile marker 10 as the Sheriff D.J. Connell Memorial Highway. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass by Committee Substitute HR 531 - Ralph Lively Memorial Highway; dedicate - BILL SUMMARY: This resolution dedicates the portion of US 78 from the US 27 bypass in Bremen, Georgia to Pine Grove Road, west of Bremen, in Haralson County, as the Ralph Lively Memorial Highway. - Authored By: Rep. Mark Butler of the 18th - Committee Action: Do Pass SR 296 - POW Julian Abel Memorial Bridge; dedicating - BILL SUMMARY: Dedicates the POW Julian Abel Memorial Bridge. - Authored By: Sen. Greg Goggans of the 7th - Committee Action: Do Pass SR 357 - Major Byron S. McGuire, Sr. Memorial Bridge; dedicating - BILL SUMMARY: Dedicates the Major Byron S. McGuire, Sr. Memorial Bridge. - Authored By: Sen. Jim Whitehead, Sr. of the 24th - Committee Action: Do Pass by Committee Substitute Thursday, April 12, 2007 Agriculture & Consumer Affairs SB 84 - Insurance; protect members of United States armed forces; unscrupulous practices; marketing/sale of insurance - BILL SUMMARY: This bill seeks to protect service members of the armed forces of the United States from unfair and deceptive trade practices surrounding the sales or marketing of insurance. There is much anecdotal evidence that many service members about to deploy are preyed upon by deceptive marketers; these service members believe they are doing something good for themselves and their families in preparation for their deployment when, in fact, they find themselves bound to payments not specified or receiving products not as presented. This bill seeks to thwart those practices. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass SB 165 - Agricultural Commodity Commissions; ratification of commissions; change certain provisions - BILL SUMMARY: This bill codifies certain agricultural commodity commissions (soybeans, canola, pecans, corn and vegetables) formerly created by rulemaking of the Georgia Department of Agriculture under the Agricultural Commodity Commission Act. In doing so, those commodity commissions would become public corporations under this bill. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass SB 220 - Warehousemen; agricultural warehouse receipt requirements, obtaining printed forms, electronic receipts; change provisions - BILL SUMMARY: This bill proposes to modernize the way printed receipts are handled with respect to warehousemen. Under current law, a printed copy of a warehouse receipt is required. With the advent of technology, the process of printing warehouse receipts has been made obsolete, yet the requirement still exists and warehousemen find compliance with existing law overly burdensome. This bill would eliminate such burden and allow for receipts to be processed with electronic devices. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass SB 275 - Agriculture Commissioner; provide a date certain for rules/regulations to establish criminal violations - BILL SUMMARY: This bill will add a new code section 2-2-9.2, to provide a date certain for rules and regulations for criminal violations within the Department of Agriculture. By adding a date for January 1, 2007, the rules and regulations pertaining to criminal violations will limit the possibility of loop holes in the current code section. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass Appropriations HB 95 - General appropriations; State Fiscal Year July 1, 2007 - June 30, 2008 - BILL SUMMARY: This bill provides appropriated sums of money for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008. The funding will be used for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies. Further, it provides funding for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law. - Authored By: Rep. Glenn Richardson of the 19th - Committee Action: Do Pass by Committee Substitute SB 172 - Georgia Retiree Health Benefit Fund; reports to the board of community health - BILL SUMMARY: SB 172 adds a new code section to the Georgia Code Annotated, 20-2-898, concerning the Georgia Retiree Health Benefit Fund. The new section states that the board shall deposit individual contributions by retirees and employer contributions into the Georgia Retiree Health Benefit Fund. Current law does not allow for the employee share to go into the fund, this bill amends that, as was originally intended. Language changes were made in this bill to specify that the amounts retained in the fund would serve as a special reserve for health care expenses and administrative costs covered by the health plan with respect to fund beneficiaries. The definition of fund beneficiaries was amended to include all persons receiving post-employment health care benefits as retirees or derivatively through retirees through the health plan. The Department of Community Health shall prepare an annual report of fund activities for the board, the House Appropriations Committee and the Senate Appropriations Committee. - Authored By: Sen. Greg Goggans of the 7th - Committee Action: Do Pass Education SB 10 - Georgia Special Needs Scholarship Act; provide public school students with disabilities to attend eligible private schools - BILL SUMMARY: The "Georgia Special Needs Scholarship Act" provides scholarships for students with disabilities to attend other public or private schools. The student shall have one or more of the following disabilities: (A) Autism (B) Deaf/blind (C) Deaf/hard of hearing (D) Emotional and behavioral disorder (E) Intellectual disability (F) Orthopedic impairment (G) Other health impairment (H) Specific learning disability (I) Speech-language impairment (J) Traumatic brain injury (K) Visual impairment. Students must have spent the prior year in a public school and have an IEP Individualized Education Program written for them. The resident school systems will need to make state-wide assessments available to students who desire them. Participating schools must provide information demonstrating fiscal soundness to the Department of Education. Participating schools must regularly report to the parent and the department on the students progress, including, but not limited to, the results of any annual assessment given to the student, in accordance with department guidelines. Also, schools must annually provide to the parents the relevant credentials of the teachers who will be teaching their students. A school intending to enroll scholarship students in the 2007-2008 school year shall submit an application no later than June 30, 2007. The maximum scholarship granted a scholarship student pursuant to this article shall be an amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system as calculated under Code Section 202-161. - Authored By: Sen. Eric Johnson of the 1st - Committee Action: Do Pass by Committee Substitute SB 72 - Quality Basic Education Act; authorize the employment of school administrative managers to conduct the financial/business affairs - BILL SUMMARY: This bill allows the employment of "school administrative managers" in lieu of or in addition to assistant principals. The school administrative managers will not be required to be certificated by the Professional Standards Commission but will have such qualifications as determined by the local board with a minimum requirement of a bachelors degree. The duties of school administrative managers will be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. - Authored By: Sen. Tommie Williams of the 19th - Committee Action: Do Pass by Committee Substitute SB 122 - Education; annual performance evaluations; require signature of evaluator and provide to certificated person - BILL SUMMARY: This bill requires a written annual performance evaluation and states that such evaluation must be signed by the evaluator and presented to the certificated personnel. - Authored By: Sen. Judson Hill of the 32nd - Committee Action: Do Pass SB 123 - Local Boards of Education; require twins placed in same classroom if parent requests - BILL SUMMARY: This bill requires that twins or higher order multiples be placed in the same classroom if the parents request such placement. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass by Committee Substitute Governmental Affairs SB 82 - Dunwoody, City of; incorporation, boundaries, and powers of the city - BILL SUMMARY: This bill allows for a referendum to create the city of Dunwoody. - Authored By: Sen. Dan Weber of the 40th - Committee Action: Do Pass by Committee Substitute Health & Human Services HR 663 - House Study Committee on Pain Management; create - BILL SUMMARY: This resolution would create the House Study Committee on Pain Management. The Committee would be tasked with investigating the means of controlling severe pain with medication, and of ways to enhance the ability of providers to better manage patient's pain and improve health outcomes. - Authored By: Rep. Earl Carter of the 159th - Committee Action: Do Pass HR 721 - House Study Committee to incentivize indigent health care by physicians; create - BILL SUMMARY: This resolution would set up the House Study Committee to incentivize indigent health care by physicians, and charge it with finding means to increase physician to indigent care by altering current incentives or creating new ones. - Authored By: Rep. Sharon Cooper of the 41st - Committee Action: Do Pass SB 57 - Ray Biddy and Gene Mullis Act; renal disease facilities and personnel - BILL SUMMARY: This bill would set up guidelines and criteria for persons who would operate as dialysis or end stage renal disease technicians in medical facilities under the supervision of a registered nurse or physician. - Authored By: Sen. Renee Unterman of the 45th - Committee Action: Do Pass SB 60 - Georgia Trauma Commission; establish - BILL SUMMARY: This bill would set up the Georgia Trauma Commission, a key recommendation of the Joint Comprehensive Trauma System Study Committee (2006). The bill provides for the composition, duties, and powers of the Commission as well as mandating the Commission's mission of coordinating and improving the state's existing trauma systems, and eventually creating an integrated trauma network. The Commission would have the authority to devise a means to reimburse providers for trauma care as well as appropriate money from the Trauma Fund to achieve various ends, with the long term goal of bringing deaths from traumatic injuries to parity with the national average in this state. - Authored By: Sen. Cecil Staton of the 18th - Committee Action: Tabled SB 134 - Hospital; acquisitions; notice to the Attorney General; change certain provisions - BILL SUMMARY: This bill alters the manner in which entities involved in the acquisition of a hospital remit fees to the Attorney General. This bill would allow the Attorney General to retain experts during hospital acquisition proceedings, and provides for payment by the involved parties for those expert services, with a fee cap of $60,000. - Authored By: Sen. Preston Smith of the 52nd - Committee Action: Do Pass by Committee Substitute SB 204 - Health; board for distribution/delivery of dead bodies; change certain provisions - BILL SUMMARY: This bill designates the membership of the Board for the Distribution of Cadavers and requires that the Board record all cadavers transferred throughout the state. - Authored By: Sen. Don Thomas of the 54th - Committee Action: Do Pass SB 222 - Advanced Practice Registered Nurse; revise definition; licensed registered nurse - BILL SUMMARY: This bill would require that Advanced Practice Registered Nurses display their area of specialty and qualifications on a name tag while delivering care. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass SR 30 - Joint Study Committee on State Stroke System of Care; create - BILL SUMMARY: The resolution would provide for the Joint House & Senate Study Committee on the State Stroke System of Care, charged with examining and reporting on an improved method for treating and preventing strokes. - Authored By: Sen. Don Thomas of the 54th - Committee Action: Do Pass SR 363 - Mental Health Service Delivery Commission; create - BILL SUMMARY: This resolution identifies the responsibilities and deficiencies of the mental health system in Georgia. In response to revelations about the problems facing Georgians within the mental health system, the resolution creates the Mental Health Service Delivery Commission. The MHSD Commission is tasked with studying and recommending methods to improve Georgia's mental health infrastructure, and will report and be abolished on or before June 30, 2009. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination SB 225 - Redevelopment; require training with programs; create Redevelopment Powers Training Board - BILL SUMMARY: A Bill to amend Title 36, Chapter 44 of the O.C.G.A. relating to redevelopment powers by adding a new Code Section, 36-44-5.1, so as to require that at any time after the passage of a local Act approving the exercise of redevelopment powers and prior to the date of the public hearing on the proposed redevelopment plan, but no later than 12 months after the date of approval of the referendum required under Code Section 36-44-22, each member of the redevelopment agency, each member of the local legislative body, and each member of the affected local board of education shall attend and complete at least three hours of training on redevelopment powers and programs and tax allocation districts. Such training shall be provided by an accredited university of this state or by a nonprofit membership association, the membership of which comprises local governing authorities in this state, which authorities shall include municipalities, counties, or school districts. The training shall only be required with respect to tax allocation districts created on or after July 1, 2007. The bill also adds a new Code Section, 36-44-9, to define the scope of review by boards of education in determining whether to consent to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments. The boards of education shall not make an independent inquiry as to the eligibility of the area for designation as a redevelopment area, shall accept the findings made by the local legislative body and shall not substitute its judgment as to those findings for the judgment of the local legislative body, and shall not consider estimates or projections as to the amount of educational ad valorem property taxes that would be included in the tax allocation increment that might be attributable to appreciation of property values within the tax allocation district that may occur even without the redevelopment outlined in the redevelopment plan. The bill was substituted in committee to ensure that the costs of the training will come from the local governing authority. - Authored By: Sen. Doug Stoner of the 6th - Committee Action: Do Pass by Committee Substitute SB 298 - Pulaski County; office of probate judge; nonpartisan elections - BILL SUMMARY: A Bill to provide for the nonpartisan election of the probate judge of Pulaski County. - Authored By: Sen. Ross Tolleson of the 20th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 799 - Statesboro, City of; corporate limits; change - BILL SUMMARY: A Bill to annex territory into the corporate limits of the City of Statesboro. - Authored By: Rep. Bob Lane of the 158th - Committee Action: Do Pass HB 801 - Coosawattee Regional Water and Sewerage Authority; create - BILL SUMMARY: A Bill to create the Coosawattee Regional Water and Sewerage Authority and provide for its powers and duties. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass HB 803 - Sugar Hill, City of; corporate limits; change - BILL SUMMARY: A Bill to annex territory into the corporate limits of the City of Sugar Hill. - Authored By: Rep. Bobby Reese of the 98th - Committee Action: Do Pass HB 804 - South Georgia Regional Information Technology Authority Act; enact - BILL SUMMARY: A Bill to create the South Georgia Regional Information Technology Authority and provide for its powers and duties. - Authored By: Rep. Gerald Greene of the 149th - Committee Action: Do Pass HB 805 - Buchanan, City of; provide new charter - BILL SUMMARY: A Bill to provide a new charter for the City of Buchanan. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass HB 806 - Waycross, City of; corporate limits; change - BILL SUMMARY: A Bill to annex territory into the corporate limits of the City of Waycross. - Authored By: Rep. Mark Hatfield of the 177th - Committee Action: Do Pass HB 807 - Auburn, City of; certain areas not included; provide - BILL SUMMARY: A Bill to de-annex territory from the corporate limits of the City of Auburn. - Authored By: Rep. Terry England of the 108th - Committee Action: Do Pass HB 808 - Georgetown-Quitman County; conflict of laws; change provisions - BILL SUMMARY: A Bill to amend the charter of Georgetown-Quitman County so as to provide for the applicability of municipal laws and legal action. - Authored By: Rep. Bob Hanner of the 148th - Committee Action: Do Pass Judiciary SB 14 - Superior Court Clerks; personal property filing fees; collection/remittance; change sunset dates - BILL SUMMARY: Bill amends O.C.G.A. 15-6-7 so as to change the sunset dates relating to filing fees for real or personal property as well as development and implementation of state-wide automated systems to July 1, 2014. Previous sunset date was July 1, 2012. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass SB 15 - Drivers' Licenses; suspended/revoke; change certain provisions - BILL SUMMARY: Bill amends O.C.G.A. 40-5-20 so as to make the penalty for driving without a license the same as driving with a suspended license. Bill further makes the third or subsequent offense of driving with a suspended license a felony punishable by one to five years in jail with a fine of $2,500.00 to $5,000.00. SB 15 also requires that any individual arrested for driving without a license have their nationality determined. - Authored By: Sen. John Wiles of the 37th - Committee Action: Do Pass by Committee Substitute SB 113 - Insurance; appointment of agents by authorized insurer before licensing; background checks - BILL SUMMARY: Bill amends O.C.G.A. 33-23-5 so as to give the Insurance Commissioner the ability to create rules and regulations to perform a criminal or other background checks on an applicant for an insurance agents license. Bill further eliminates the requirement that an application for any license under this chapter be in writing. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass SB 128 - Child Advocate, Office of; provide confidentiality of records - BILL SUMMARY: Bill amends O.C.G.A. 15-11-174 so as to require the Office of the Child Advocate to keep all records confidential as set forth in O.C.G.A. 49-5-40 and 49-5-44. Bill further requires that any individual who wishes to obtain said records, request them from the original agency in which they originated. Adds provisions requiring notice be given to foster parents of any hearings. Bill further requires that, when age appropriate, the child in question be consulted about any proposed permanency or transition plan. - Authored By: Sen. Joseph Carter of the 13th - Committee Action: Do Pass by Committee Substitute SB 177 - Superior Courts; Pike County in Griffin Circuit; change certain terms of court - BILL SUMMARY: Bill changes the term of the Pike County Superior Court to the third Monday in April and October. The current term is April and November. - Authored By: Sen. Ronnie Chance of the 16th - Committee Action: Do Pass SB 188 - Foster Parents Bill of Rights; children who are privately placed; provide administrative hearing for aggrieved parties - BILL SUMMARY: Bill amends the Foster Parents Bill of Rights, as contained in O.C.G.A. 49-5-281, so as to include all foster parents who care for children in custody of the Department of Human Resources. Further provides that the Division of Family and Children Services incorporate said Bill of Rights into contracts when they place a child with a private agency. - Authored By: Sen. Steve Thompson of the 33rd - Committee Action: Do Pass by Committee Substitute SB 212 - Public Records; disclosure to the news media; public employees - BILL SUMMARY: Bill amends O.C.G.A. 50-18-72(a)(11.3)(A) relating to information in public records which is exempt from public inspection so as to apply said exemption to all public employees. Previously these exemptions were only applicable to employees of the Georgia public school system. - Authored By: Sen. Don Balfour of the 9th - Committee Action: Do Pass by Committee Substitute SR 246 - Indigent Defense; create Joint Study Committee - BILL SUMMARY: Resolution creates a Joint Study Committee on Indigent Defense. - Authored By: Sen. John Wiles of the 37th - Committee Action: Do Pass by Committee Substitute Judiciary Non-Civil SB 34 - Penal Institutions; possession of photograph of victims by certain persons confined; prohibit - BILL SUMMARY: Defines "inmate" to include anyone confined in a penal institution. Prevents inmates imprisoned for Title 16 Chapter 5 crimes against the person and inmates imprisoned for Title 16 Chapter 6 sexual crimes from possession of any picture, photograph or depiction of any victim of the offense for which he or she is serving time. Possession of a photograph, picture or depiction of a victim would be punished as a misdemeanor. - Authored By: Sen. Tommie Williams of the 19th - Committee Action: Do Pass by Committee Substitute SB 91 - Traffic Offenses; fleeing/attempting to elude a pursuing police vehicle; punishment; change provisions - BILL SUMMARY: Changes provisions relating to punishment for the offense of fleeing or attempting to elude a pursuing police officer or vehicle. A first offense would be punishable as a high and aggravated misdemeanor this is current law. A second or subsequent conviction within a ten year period would be punishable as a felony carrying a fine of $1000.00 to $10,000.00, imprisonment from one to five years or both. A sentence for a second or subsequent offense could not be suspended, probated, deferred or withheld and the charge could not be reduced or merged, nor could the time be served concurrently. - Authored By: Sen. Chip Pearson of the 51st - Committee Action: Do Pass by Committee Substitute SB 106 - Bonds; surety for good behavior; extend the period - BILL SUMMARY: Extends the period for which the court may require a bond with a surety for good behavior from 60 days to up to 6 months. - Authored By: Sen. William Hamrick of the 30th - Committee Action: Do Pass SB 135 - Criminal Reproduction/Sale of Recorded Material; increase penalties; provide forfeiture of certain items - BILL SUMMARY: Increases penalties for reproducing certain recorded material. A first conviction carries a fine of $500.00 to $25,000.00, imprisonment of one to two years to serve at least 24 hours or both; a second conviction carries a fine of $1000.00 to $100,000.00, imprisonment of one to three years to serve at least 48 hours, or both; a third conviction carries a fine of $2,000.00 to $250,000.00 imprisonment from two to five years to serve at least six days, or both. Any equipment used to violate the Code section will be subject to forfeiture. Restitution damages will consider damages to the owner of the master recording and be based on an aggregate of wholesale value of the lawfully reproduced material; restitution damages will also take any investigative costs into account. - Authored By: Sen. William Hamrick of the 30th - Committee Action: Do Pass by Committee Substitute SB 145 - Crime and Sentencing; persons convicted of murder; imposition of life without parole - BILL SUMMARY: Adds to the punishment for murder imprisonment for life without parole independent of a death penalty prosecution. Disallows early release, parole, or other sentence-reducing measures for a first conviction for a serious violent felony for which the offender has been sentenced to life without parole. If there are no aggravating circumstances or no recommendation of death the jury will recommend life or life without parole. The court will instruct the jury as to the meaning of life imprisonment and life imprisonment without parole. If there is no unanimous verdict as to sentencing the judge will impose a sentence of life or life without parole. - Authored By: Sen. Preston Smith of the 52nd - Committee Action: Do Pass by Committee Substitute SB 182 - Torts; asbestos/silica claims; change provisions - BILL SUMMARY: Defines "Asbestos claim" as any claim for damages, losses, indemnification, contribution, loss of consortium, or other relief related in any way to the health effects of exposure to asbestos, including but not limited to: Any claim for personal injury or death; mental or emotional injury; risk or fear of disease or other injury; the costs of medical monitoring or surveillance; or damage or loss caused by the installation, presence, or removal of asbestos; and Any claim made by or on behalf of an exposed person, or based on that person's exposure to asbestos, including a representative, spouse, parent, child or other relative of the exposed person. An asbestos claim shall NOT mean a claim brought under: A worker's compensation law administered by this state to provide benefits for occupational diseases or injuries or for disability or death caused by such occupational diseases or injuries; The Federal Employers' Liability Act; The Longshore and Harbor Workers' Compensation Act; or The Federal Employees Compensation Act. The level of prima facie evidence required differs depending on when the injury occurred; either before April 12, 2005, or after May 1, 2007. The prima facie evidence requirements are much more stringent for those claims filed on or after May 1, 2007. All asbestos and silica claims filed on or after May 1, 2007, must include identifying information for the person filing the claim, the specific location of the alleged exposure, the product to which the person was exposed and beginning and ending dates of each alleged exposure This bill does NOT allow class action lawsuits in asbestos or silica cases. Civil actions alleging asbestos or silica injuries or diseases may only be brought in a Georgia court if the plaintiff is a Georgia resident at the time of filing the action or if the exposure to the asbestos or silica on which the claim is based occurred in Georgia. Code Section 51-15-4 states that the cumulative successor asbestos related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined at the time of the merger or consolidation. Section 1 of this bill will become effective on May 1, 2007, and will apply to certain accrued or future accruing asbestos or silica claims where trial has not yet begun as of that date, in accordance with its terms. Section 2 of this bill will become effective on May 1, 2007, and will apply to asbestos claims that accrued or may accrue on or after that date. - Authored By: Sen. John Wiles of the 37th - Committee Action: Do Pass by Committee Substitute SB 205 - Prescription Medication Integrity Act - BILL SUMMARY: Creates the "Prescription Medication IntegrityAct." Defines terms related to pharmaceuticals distributors, warehousing and licensing of pharmaceutical products. Requires that each person engaged in wholesale distribution of prescription drugs maintain inventories and records including the pedigree for all prescription drugs in accord with rules and regulations adopted by the State Board of Pharmacy. The Board will conduct a study of the distribution of prescription drugs and will establish a mandated implementation date for electronic pedigrees no sooner than December 31, 2011. No provision of the Article will be effective until the General Assembly appropriates reasonable funds for administration of the Article. The pedigree will include all necessary identifying information on each sale of the produce from the manufacturer to the final sale by the pharmacy. If the Board finds that there have been violations of the Article or that a pedigree has been falsified or that the prescription drug can cause serious health problems it will issue an order requiring the cessation of distribution of the drug in this state. It will be unlawful for a person to perform or aid in selling a prescription drug to a person not authorized to receive it; failing to maintain or provide pedigrees; failing to obtain a pedigree; providing false information or obtaining a prescription drug by fraud. Engaging without knowledge in the distribution of drugs in violation of the Article may incur a fine of not more than $10,000.00; in a grossly negligent manner will incur imprisonment for not more than 15 years or a fine of $50,000.00 or both; knowingly engaging will be a felony punished by not more than 25 years, a fine not to exceed $500,000.00 or both. - Authored By: Sen. Don Thomas of the 54th - Committee Action: Do Pass by Committee Substitute SB 223 - Judges; compensation/grants for judicial salaries; change certain provisions - BILL SUMMARY: Allows counties to supplement juvenile court judges' salaries. If the county pays at least 1% of the state salary the state will add an additional 1%. This language is effective January 1, 2008 through December 31, 2008 and January 1, 2009 through December 31, 2009. - Authored By: Sen. Preston Smith of the 52nd - Committee Action: Do Pass SB 236 - Georgia Personal Identity Protection Act; state agencies; breach of security; personal information - BILL SUMMARY: Defines "data collector" to include any state agency or government entity but not any agency whose records are maintained primarily for traffic safety, law enforcement or licensing purposes. Changes provision for when substitute notice of a security breach may be given: If the cost of providing notice would exceed $50,000 or the class of affected individuals exceeds 100,000. Adds address and phone number to the definition of personal information. Changes the offense of fraud: A person commits the offense of identity fraud when he or she willfully and fraudulently uses or possesses without consent information on an individual, an individual under 18 years of age over whom he or she has custody, or an individual who is deceased ; creates a counterfeit i.d. using fictitious information or an i.d. using the information from a real person who is deceased with the intent to use such i.d.; receives fraudulent information which he or she knows to be fraudulent. The offense shall not merge with any other offense. When a person learns or believes that he or she has been the victim of identity fraud the law enforcement agency with jurisdiction shall make a report and, if that agency does not have jurisdiction, shall forward it to the agency with jurisdiction. A violation by a person who is less than 21 years of age will be punishable by a fine not to exceed $5,000.00, imprisonment for one to three years or both. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass by Committee Substitute SB 238 - Evidence; tampering; remove requirement that such offense involve another person - BILL SUMMARY: Removes the requirement that the offense of tampering with evidence involve another person. - Authored By: Sen. Michael Meyer von Bremen of the 12th - Committee Action: Do Pass SB 276 - Insurance; uninsured motor vehicle; available coverages are inadequate to cover person's bodily injury/property damage losses - BILL SUMMARY: Provides that an uninsured motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insured's insurance policy. The purpose of this legislation is to ensure that insured motorists who carry uninsured motorist coverage can use their own liability/accident insurance and all of their uninsured motorist coverage in the event of an accident. - Authored By: Sen. Cecil Staton of the 18th - Committee Action: Do Pass by Committee Substitute Motor Vehicles SB 5 - Secure and Verifiable Identity Document Act; drivers' licenses; provisions - BILL SUMMARY: In 2005, Congress passed, as part of a supplemental budget bill, the Real ID act. Real ID is intended to ensure driver's licenses in all fifty states meet certain security measures. Some of those measures will require states to obtain personal information (including Biometrics) on license holders. This bill will allow the Governor of Georgia to withhold from the Department of Homeland Security personal information collected by the Georgia Department of Driver's Services until he is satisfied that the information will be stored and handled securely. - Authored By: Sen. Mitch Seabaugh of the 28th - Committee Action: Do Pass by Committee Substitute SB 77 - Commercial Vehicles; local tag agents; International Registration Plan - BILL SUMMARY: This bill will require the Georgia Department of Revenue to create an electronic filing system for the registration of commercial vehicles under the International Registration Plan. - Authored By: Sen. Tommie Williams of the 19th - Committee Action: Do Pass Natural Resources & Environment SB 157 - Gasoline Additives; provide for grants; E-85 gasoline for retail sale; define certain terms - BILL SUMMARY: Current owners of E-85 (an ethanol/gasoline mixture composed of between 70-85% ethanol and between 30-15% gasoline that is used inflexible fuel vehicles) flexible fuel vehicles have very limited availability of E-85 at the pump in Georgia; further, those who are considering the purchase of an E-85 flexible fuel vehicle may base their decision, in part, on the availability of fuel at the pump. This bill facilitates and promotes the installation of E-85 motor fuel storage and dispensing equipment around the State of Georgia by establishing a grant program that would provide incentives of up to $20,000 or 33.3% of the planned cost of the project, whichever is less, to retail sales establishments to install such equipment, subject to the satisfaction of certain criteria. If such criteria are not satisfied, the grant would default to a loan. The program would return a substantial benefit to the state by promoting the investment of private capital to install pumping equipment that would ultimately provide improved air quality through the reduction of combustion of gasoline in motor vehicles and reduced dependence on foreign petroleum supplies. Finally, with two planned large ethanol production facilities coming to Georgia, this program would enable Georgians to utilize Georgia-produced ethanol. - Authored By: Sen. Ross Tolleson of the 20th - Committee Action: Do Pass by Committee Substitute SB 226 - Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources - BILL SUMMARY: This bill defines the 'Public practice of soil science,' and would allow certain persons meeting the requirements specified in the legislation to perform certain work or services relating to soils for the Georgia Department of Natural Resources. Currently, soil scientists are able to perform soil evaluations/services for the Georgia Department of Human Resources and local health departments for on-site sewage management systems. Under this bill, soil scientists could perform services for certain aspects of permitting and corrective action plans for the Georgia Department of Natural Resources. - Authored By: Sen. Seth Harp of the 29th - Committee Action: Do Pass Retirement SB 172 - Georgia Retiree Health Benefit Fund; reports to the board of community health - BILL SUMMARY: SB 172 adds a new code section to the Georgia Code Annotated, 20-2-898, concerning the Georgia Retiree Health Benefit Fund. The new section states that the board shall deposit individual contributions by retirees and employer contributions into the Georgia Retiree Health Benefit Fund. Current law does not allow for the employee share to go into the fund, this bill amends that, as was originally intended. Language changes were made in this bill to specify that the amounts retained in the fund would serve as a special reserve for health care expenses and administrative costs covered by the health plan with respect to fund beneficiaries. The definition of fund beneficiaries was amended to include all persons receiving post-employment health care benefits as retirees or derivatively through retirees through the health plan. The Department of Community Health shall prepare an annual report of fund activities for the board, the House Appropriations Committee and the Senate Appropriations Committee. - Authored By: Sen. Greg Goggans of the 7th - Committee Action: Do Pass Transportation SR 365 - Transportation Funding; create joint study committee - BILL SUMMARY: This resolution creates the Joint Study Committee on Transportation Funding to be composed of eight members who will study the issues to determine alternative funding mechanisms for transportation projects and special funding sources. The eight members will be the chairperson of the Senate Transportation Committee, the chairperson of the House Transportation Committee, three members of the Senate appointed by the Lt. Governor, and three members of the House appointed by the Speaker. The Senate and House Transportation Chairs will serve as co-chairs of the study committee. The committee may conduct such meetings at such places and at such times as it may deem necessary. The committee will stand abolished on 31 December, 2007. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass Ways & Means SB 184 - Income Taxes; new definitions; modify the computation of deductible business expenses - BILL SUMMARY: SB 184 provides for the definition of "basic pilot program" for purposes of determining deductible business expenses for payment or compensation for labor services. This bill provides that the maximum deduction of $600 per individual per taxable year for unauthorized employees does not apply if the business has enrolled in the basic pilot program. The bill defines this program as the electronic verification of a work authorization program of Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, and operated by the United States Department of Homeland Security. The bill also clarifies that this $600 deduction cap includes payment or compensation of, but is not limited to, wages, salaries, bonuses, benefits, in-kind exchanges, expenses, or any other economic benefit paid for labor services. Finally, the bill also provides for an income tax exemption for military income received by a member of the national guard or reserves stationed in defense of borders of the US pursuant to military orders. Currently, only those that are stationed in a combat zone are exempt. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass by Committee Substitute SB 185 - Watercraft; applicant for certificate of number for vessels purchased outside Georgia; sales/use tax has been paid - BILL SUMMARY: SB 185 is a mechanism for enforcement of the collection of sales taxes when vessels are purchased across state lines. It provides that applications for a certificate of number for watercraft will not be accepted or processed unless the applicant shows proof that the state and local sales taxes have been paid or are not due. This provision will apply only to vessels requiring a Department of Natural Resources decal. - Authored By: Sen. Jack Hill of the 4th - Committee Action: Do Pass by Committee Substitute SR 139 - Congress; urged to raise allowable deduction for health savings accounts - BILL SUMMARY: SR 139 urges Congress to raise the amount of allowable deductions for contributions to health savings accounts. Currently, deductions for contributions to HSAs are limited to a maximum of $2850 for self-only coverage and $5650 for families. The resolution also urges Congress to allow persons age 45 and older to deduct up to $10,000 each year as "catch up" contribution. Currently, only persons aged 55 and older may deduct extra "catch up" contributions, and only in the amount of $800 in 2007. The resolution also urges Congress to allow all individuals to pay for their health insurance premiums with pre-tax dollars. Currently, only persons who pay health insurance premiums through certain employer "cafeteria plans" may take full advantage of paying for health insurance with pre-tax dollars. The resolution states that aiding citizens in funding their health insurance costs to utilize HSAs could improve the provision and affordability of health care services. - Authored By: Sen. Judson Hill of the 32nd - 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 8:30 AM 9:00 AM 9:00 AM 10:00 AM 12:00 PM 12:30 PM 1:00 PM 3:00 PM 1:00 PM 2:00 PM 2:00 PM 5:00 PM 2:00 PM 4:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM Monday, April 16, 2007 GOVERNMENTAL AFFAIRS REAPPORTIONMENT Ways and Means Public Finance and Policy Subcommittee Subcommittee on Mailout Sales of Prescription Drugs RULES HEALTH & HUMAN SERVICES Health Professions Subcommittee General Government Subcommittee of Budget Oversight JUDICIARY CIVIL JUDICIARY NON-CIVIL HIGHER EDUCATION ENERGY, UTILITIES & TELECOMMUNICATIONS 606 CLOB 406 CLOB 133 CAP 514 CLOB 341 CAP 133 CAP 506 CLOB or Upon Adjournment 415 CLOB 403 CAP 132 CAP 606 CLOB 406 CLOB * This schedule is accurate at the time of this report, but meeting dates and times are subject to change. To view the most up to date meeting schedule, please visit http://www.legis.ga.gov and click on Meeting Notices. To view the live streaming video of the meeting, please visit the Georgia Legislative Network website. ____________________________________________________________________________ CONTACT: BRENT CRANFIELD (404) 656-0305 Brent.Cranfield@house.ga.gov