Daily report [Feb. 12, 2008]

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

TOMORROW'S FORECAST
* The House will reconvene for its 17th Legislative Day on Wednesday, February 13, at 10:00 AM. * 4 bills are expected to be debated on the floor.

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DAILY REPORT

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RULES CALENDAR
HB 494 - Cosmetologists; definitions; wax technicians; provisions
- BILL SUMMARY: This bill amends Chapter 10 of Title 43 relating to cosmetologists. This legislation: Adds provisions relating to the certificate of registration for master estheticians and wax technicians as well as adds further standards for the practice of estheticians and wax technicians. Allows certificates of registration to be issued to master estheticians and wax technicians from other states under certain circumstances. Amends provisions relating to barbers, so as to provide that a barber shop may employ a master esthetician or wax technician without it being required to be licensed as a cosmetology shop or salon. Revises some provisions relating to continuing education, etc. - Authored By: Rep. Don Parsons of the 42nd - House Committee: Regulated Industries - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 136; Nays: 18
HB 919 - Georgia Lottery Corporation; Board of Directors; provisions
- BILL SUMMARY: This bill creates a nine member Georgia Lottery Corporation Board of Directors and certain duties for the Corporation's CEO and provides for a Georgia Lottery Corporation Legislative Oversight Committee. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Higher Education - Rule: Open - Amendments(s): N/A - Yeas: 119; Nays: 32
HB 930 - Disabled veterans and blind persons; eligibility certificate; valid for five years; provide
- BILL SUMMARY: This bill provides that the certificate of eligibility issued by the judge of the probate court to disabled veterans and blind persons seeking exemption from the payment of occupation taxes, administrative fees, or regulatory fees for certain activities will be valid for 10 years. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Regulated Industries - Rule: Open - Amendments(s): N/A - Yeas: 154; Nays: 0

HB 931 - Authentic historical Georgia license plates; definition; increase time period
- BILL SUMMARY: This bill changes the provisions of law regarding 'authentic historical Georgia license plates' so as to apply to any motor vehicle manufactured twenty five years ago or before. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Motor Vehicles - Rule: Open - Amendments(s): N/A - Yeas: 152; Nays: 0
LOCAL CALENDAR
HB 1127 - Irwin County; Board of Commissioners; staggered elections; provide
- BILL SUMMARY: A Bill to provide for the staggered election of members of the Irwin County Board of Commissioners. - Authored By: Rep. Jay Roberts of the 154th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 123; Nays: 0
* The House will reconvene Wednesday, February 13, at 10:00 AM, for its 17th Legislative Day
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 17th Legislative Day, Wednesday, February 13, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
HB 579 - Landlord liens; definitions; provisions
- BILL SUMMARY: HB 579 adds a provision to Title 44, Chapter 14's list of landlord liens to allow the landlord of a mobile home to file a lien for storage or rental charges against the mobile home beginning 30 days after vacancy or eviction. The definition of "lien holder" covers lenders on the actual mobile home, rather than the land on which the mobile home is located. The bill honors a lien holder's ability to repossess a mobile home upon default by the borrower, and a landlord's ability to evict a mobile home tenant from the land. The lien holder's purchase money lien maintains priority, but in the case of an eviction or abandonment, the landlord can send a statutory notice to the lien holder which requires the lien holder to make arrangements to pay unpaid rental or storage charges relating to the landlord's lien. If the lien holder forecloses or files a replevin action, the lien holder must pay off the landlord lien, which can include charges beginning 30 days after the eviction or abandonment referenced in the landlord's notice to the lien holder. The bill establishes a maximum storage charge. There is a fee-shifting provision for the prevailing party in legal actions relating to the lien between the landlord and the lien holder. - Authored By: Rep. Austin Scott of the 153rd - House Committee: Judiciary - House Committee Passed: 2/5/2008 - Rule: Open
HB 953 - War of 1812 Bicentennial Commission Act; enact
- BILL SUMMARY: This bill amends Chapter 12 of Title 50 of the O.C.G.A. to provide for the establishment of the War of 1812 Bicentennial Commission. - Authored By: Rep. Cecily Hill of the 180th - House Committee: Economic Development & Tourism - House Committee Passed: 2/7/2008 - Rule: Open
HB 1041 - Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate
- BILL SUMMARY: This bill would remove obsolete language concerning the designation of graduate nurses from the Nurse Practice Act, as well as require applicants for Licensed Registered Nurses and Advanced Practice Nurses undergo a criminal background check as part of the application process. - Authored By: Rep. Sharon Cooper of the 41st

- House Committee: Health & Human Services - House Committee Passed: 2/7/2008 - Rule: Open
HB 1088 - Economic Development, Department of; agricultural tourist attractions; provisions
- BILL SUMMARY: This bill established the creation of "agricultural tourist attractions" and provides for proper directional signs. - Authored By: Rep. Butch Parrish of the 156th - House Committee: Economic Development & Tourism - House Committee Passed: 2/7/2008 - Rule: Open
* The Rules Committee will next meet on Wednesday, February 13, at 9:00 AM, to set the Rules Calendar for the 18th Legislative Day.
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COMMITTEE ACTION REPORT
Children & Youth
HB 1043 - Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition
- BILL SUMMARY: This bill changes the article in relation to 'confirmed lead poisoning' from single-family dwelling or multifamily residence, building, or structure designed to contain not more than 12 single-family dwellings, dwelling units, or residential housing units so long as the whole complex comprised of such residences, buildings, or structures does not contain more than 12 single-family dwellings, dwelling units, or residential housing units, and to just apply to (1) Owners of residential rental property; and 2) Landlords that accept compensation for the use of residential property by another. - Authored By: Rep. Sharon Cooper of the 41st - Committee Action: Tabled
Defense & Veterans Affairs
SB 369 - Revenue Dept.; parking permit for disabled persons; affidavit of active duty military physicians
- BILL SUMMARY: Adds a new subsection to Code Section 40-2-74.1. Allows any military physician to submit an affidavit in support of the application of active duty or retired military personnel for parking permits for persons with disabilities whether or not such physician is licensed to practice in Georgia. The affidavit will state that the applicant is in active service or is a resident of Georgia and is a disabled person as specified in paragraph (5) of Code Section 40-6-221 - Authored By: Sen. John Douglas of the 17th - Committee Action: Do Pass
Game, Fish, & Parks
HB 1016 - Commissioner of Natural Resources; blue crabs; manage certain aspects; provide
- BILL SUMMARY: This bill provides the Commissioner of Natural Resources with the ability to close all or any portion of the salt waters of Georgia to commercial and recreational fishing for blue crabs. - Authored By: Rep. Bob Lane of the 158th - Committee Action: Do Pass
Human Relations & Aging
HB 1044 - Adult day centers; licensure; respite care services programs; provisions
- BILL SUMMARY: Amends Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia. Allows respite care services to not be considered adult day care centers. Revises the definition of "Adult day center" to specifically exclude respite care services programs. Defines "Primary caregiver" as the one identified relative or other person in a relationship of responsibility who has assumed the primary responsibility for caring needed to maintain the health of an aging adult, who lives in the same residence, and who does not receive financial compensation for care provided. States that a primary caregiver can also be a health care agent.
Defines "Respite care Services program" as a program for aging adults who can function in a group setting and who can feed and toilet themselves with or without the assistance of a personal aide. This program is operated by a nonprofit organization; staffed primarily by volunteers; and has its sole purpose to provide primary care givers of aging adults with relief from normal care giving duties.

- Authored By: Rep. Len Walker of the 107th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 640 - State and other flags; statues and symbols; provide certain protections
- BILL SUMMARY: HB 640 proposes to revise O.C.G.A. 50-3-1(b), which protects monuments from being defaced. The bill expands the scope of the statute to cover statues, flags, and additional types of monuments, and expands the number of governmental entities to which the statute applies. The bill also protects the display of monuments on private property. Finally, the bill requires governmental entities to relocate monuments to a location of similar prominence if the monument is relocated due to construction or expansion of a public building. With the exception of the relocation provision in Section 1(5), the bill largely expands the scope of the current O.C.G.A. 50-3-1. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Recommitted to Subcommittee
HB 972 - Uniform Prudent Management of Institutional Funds Act; enact
- BILL SUMMARY: HB 972 enacts the Uniform Prudent Management of Institutional Funds Act into Title 44, Chapter 15 of the Code. HB 972 provides standards for charities to use in managing investments and spending from endowments, and the management of institutional funds. The bill provides standards for charities to use both in managing investments themselves and in selecting an agent to manage their investments. HB 972 allows a donor or a court to modify original restrictions in a gift. The bill has prospective effect, only. - Authored By: Rep. Steve Tumlin of the 38th - Committee Action: Tabled
HR 1206 - Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create
- BILL SUMMARY: HR 1206 provides a number of references to the history of the Georgia-Tennessee and Georgia-North Carolina border and the survey of the 35th parallel, and proposes the creation of a Georgia-Tennessee Boundary Line Commission and GeorgiaNorth Carolina Boundary Line Commission. The Commissions would each have three members of the Georgia House and three members of the Georgia Senate, and would have the ability to employ consultants and contractors to study the boundary line issue. The Commissions would report back to the General Assembly by the beginning of the 2009 legislative session. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass
Judiciary Non-Civil
HB 960 - Ecstasy; certain trafficking; bailable only before superior court judge; require
- BILL SUMMARY: Adds trafficking in the drug ecstasy to the list of offenses bailable only before a superior court judge current law provides that trafficking in cocaine, methamphetamine, heroine, and marijuana are bailable only before a superior court judge. - Authored By: Rep. Len Walker of the 107th - Committee Action: Do Pass
Special Rules
HB 978 - Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement
- BILL SUMMARY: Adds a new Code section (40-6-279) to the Official Code of Georgia Annotated. This new section declares that any motor vehicle involved in an accident while being operated by a person who is not legally in this country is declared to be contraband and subject o forfeiture to the state once, and if, the defendant is convicted of the offense charged.
The law enforcement agency that makes the arrest shall deliver the motor vehicle to the District Attorney. Within 60 days from the date of the seizure, the District Attorney, or their designee, shall file cause in the superior court of the county in which the motor vehicle is seized. The owner, lessee, or any person having a duly recorded security interest in or lien on such motor vehicle shall be notified. A copy of this notification to the title holder shall be sent to the firm, person, or corporation who holds the current registration for said vehicle.
The owner may defend by showing that the motor vehicle seized was not subject to forfeiture. Any party at interest may appear, by answer under oath, and file an intervention or defense within 30 days from the date of service on the condemnee of the action. Any party that does come to claim the vehicle may give bond and take possession of the vehicle at the discretion of the court.
If the owner is unknown or resides out of the state or departs the state or cannot be found after due diligence, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense is filed within 30 days from the date of service on the condemnee, judgment will be entered by the court and the vehicle sold. The proceeds from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement

agency it was that originally seized the vehicle. Before making this deposit, the following claims must be satisfied: costs incurred in the seizure; costs of the court and its officers; and costs of storage, maintenance, care...
A rented or leased vehicle shall not be subject to forfeiture unless it can be proven by a preponderance of evidence that the owner knew or should have known of or consented to the use of the vehicle by the illegal alien.
The court may also order the title to the vehicle transferred to a family under financial hardship if it is deemed that the forfeiture and sale outweighs the benefit to the state. - Authored By: Rep. James Mills of the 25th - Committee Action: Tabled
Special Rules
HR 1081 - Legislative Service Awards; presentation; authorize and provide
- BILL SUMMARY: Authorizes the creation of the Legislative Service Award. This award is given by Representatives to individuals who have contributed to the public good. The award shall: consist of a certificate and pin. The House may accept financial donations or may expend appropriated funds. Each member of the House can award one (1) person each year. - Authored By: Rep. John Lunsford of the 110th - Committee Action: Do Pass
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

Wednesday, February 13, 2008

8:00 AM 9:00 AM 9:00 AM 10:00 AM 9:00 AM 10:00 AM 1:00 PM 3:00 PM 1:00 PM 4:00 PM 1:30 PM 4:00 PM 2:00 PM 3:30 PM 2:00 PM 3:00 PM 2:00 PM 3:00 PM 2:00 PM -

State Highways Subcommittee of Transportation 515 CLOB

RULES

341 CAP

STATE PLANNING & COMMUNITY AFFAIRS 415 CLOB

Appropriations Higher Education Subcommittee 415 CLOB

Appropriations Public Safety Subcommittee

515 CLOB

Appropriations Human Resources Subcommittee 341 CAP

GOVERNMENTAL AFFAIRS Judiciary Civil Subcommittee One (Lindsey) RETIREMENT STATE INSTITUTIONS & PROPERTY

506 CLOB 216 CAP or upon adjournmentwhichever is later 403 CAP 406 CLOB

3:00 PM 2:00 PM 4:00 PM 2:00 PM 3:00 PM 2:00 PM 3:00 PM 3:00 PM 4:00 PM 3:00 PM 5:00 PM 3:00 PM 5:00 PM 3:00 PM 4:00 PM
3:00 PM 4:00 PM

Appropriations Education Subcommittee Ways and Means Sales Tax Subcommittee JUDICIARY NON-CIVIL Academic Achievement Subcommittee of Education TRANSPORTATION Appropriations Special Projects Subcommittee PUBLIC SAFETY & HOMELAND SECURITY
Judiciary Civil Subcommittee Two (Tumlin)

133 CAP
605 CLOB 132 CAP or upon adjournmentwhichever is later 415 CLOB
606 CLOB
403 CAP
406 CLOB 216 CAP or upon adjournment of Lindsey Subcommitteewhichever is later

* This schedule is accurate at the time of this report, but meeting dates and times are subject to change. To view the most up to date meeting schedule, please visit http://www.legis.ga.gov and click on Meeting Notices. To view the live streaming video of the meeting, please visit the Georgia Legislative Network website.
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CONTACT: BRENT CRANFIELD
(404) 656-0305 Brent.Cranfield@house.ga.gov