Daily report [Feb. 13, 2008]

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

TOMORROW'S FORECAST
* The House will reconvene for its 18th Legislative Day on Thursday, February 14, at 10:00 AM. * 7 bills are expected to be debated on the floor.

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DAILY REPORT

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RULES CALENDAR
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 "lienholder" covers lenders on the actual mobile home, rather than the land on which the mobile home is located. The bill honors a lienholder'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 lienholder's purchase money lien maintains priority, but in the case of an eviction or abandonment, the landlord can send a statutory notice to the lienholder which requires the lienholder to make arrangements to pay unpaid rental or storage charges relating to the landlord's lien. If the lienholder forecloses or files a replevin action, the lienholder 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 lienholder. 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 lienholder. - Authored By: Rep. Austin Scott of the 153rd - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 138; Nays: 5
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 - Rule: Open - Amendments(s): N/A - Yeas: 141; Nays: 7
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 - Rule: Open - Amendments(s): N/A - Yeas: 155; Nays: 1

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 - Rule: Open - Amendments(s): England/Roberts AM: Adopted - Yeas: 154; Nays: 1
* The House will reconvene Thursday, February 14, at 10:00 AM, for its 18th Legislative Day
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 18th Legislative Day, Thursday, February 14, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
HB 950 - Motor vehicles; assembled; registration and licensing; provide
- BILL SUMMARY: This bill changes current law so as to provide for a mechanism for the department of revenue to issue certificates of title as well as to register and license assembled (kit) motor vehicles and motorcycles. - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - House Committee Passed: 2/7/2008 - Rule: Open
HB 951 - Used Motor Vehicle Dealers' Act; rebuilder; redefine term
- BILL SUMMARY: This bill changes the definition of 'Rebuilder' in OCGA 43-47-2 to read as follows: 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than two salvage or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles." - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - House Committee Passed: 2/7/2008 - Rule: Open
HB 961 - Persons with disabilities; special parking permits and license plates; change certain provisions
- BILL SUMMARY: HB 961 changes provisions relating to special parking permits and license plates for persons with disabilities by requiring those special parking permits to be laminated on both sides. Further, it creates a graduated scale of fines for individuals that illegally park in a parking place designated for persons with disabilities. - Authored By: Rep. Chuck Sims of the 169th - House Committee: Motor Vehicles - House Committee Passed: 1/31/2008 - Rule: Open
HB 969 - Driver education training requirements; home schooling program; provisions
- BILL SUMMARY: This bill changes current law so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course. - Authored By: Rep. John Lunsford of the 110th - House Committee: Motor Vehicles - House Committee Passed: 2/7/2008 - Rule: Open

HB 1055 - Professions and licenses; certain provisions; make revisions
- BILL SUMMARY: This bill amends Title 43 of OCGA by revising provisions relating to professions and licenses. This legislation: Allows a designee of the division director of the professional licensing boards to sign and attest orders and processes. Amends requirements relating to applications for certification as a registered interior designer. Revises provisions relating to inspector at auctions and division directors relating to geologists. Repeals provisions regarding license by reciprocity and revises provisions regarding license by endorsement for massage therapists. Provides for education and training requirements for the issuance of physical therapist licenses. Allows the board to waive the examination required to obtain a license in physical therapy to a person licensed in another state or territory of US and grant that person full privileges to engage in an equivalent practice, if that person, in judgment of the board, has equivalent qualifications, completed equivalent examination and is therefore properly licensed under the laws of another state or territory of the US. In such situations this bill further allows the board to require additional education or training. Provides for the establishment of the renewal period for expired licenses as well as the applicable fees for veterinarians and veterinary technicians by the division director. - Authored By: Rep. Roger Williams of the 4th - House Committee: Regulated Industries - House Committee Passed: 2/7/2008 - Rule: Open
HB 1105 - Hospitals; offer certain vaccinations to inpatients 65 years or older; require
- BILL SUMMARY: This bill would require that annually between October 1 through March 1, prior to discharging any inpatient who is 65 years of age or older, a hospital shall offer the inpatient vaccinations for the influenza virus and pneumococcal disease, unless contraindicated and contingent on availability of such vaccine. - Authored By: Rep. Donna Sheldon of the 105th - House Committee: Health & Human Services - House Committee Passed: 2/7/2008 - Rule: Open
HB 1111 - Drivers' licenses; requirements; fees; provisions
- BILL SUMMARY: This bill was brought on behalf of the Department of Drivers Services. It brings Georgia into compliance with federal standards in regards to commercial driver's licenses. - Authored By: Rep. Johnny L. Floyd of the 147th - House Committee: Motor Vehicles - House Committee Passed: 2/7/2008 - Rule: Modified-Structured
* The Rules Committee will next meet on Thursday, February 14, at 09:00 AM, to set the Rules Calendar for the 19th Legislative Day.
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COMMITTEE ACTION REPORT
Governmental Affairs
HB 954 - Procedural requirements; legislative override; change certain exemptions
- BILL SUMMARY: HB 954 places the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources under the provisions of the Administrative Procedures Act (APA). Currently, the EPD is the only agency not under the APA. This will allow for legislative oversight of the EPD by allowing the legislature to approve their rules and regulations. There is an exemption in cases where the EPD is acting as an agent for the federal government - Authored By: Rep. Lynn Ratigan Smith of the 70th - Committee Action: Do Pass
HB 1015 - Special districts divided into noncontiguous areas; certain excess funds; provide additional requirements
- BILL SUMMARY: HB 1015 gives a county direction and authority to transfer tax revenues paid to a Special Service District, by formerly unincorporated residents for city-like services, to the newly incorporated city. Under current law, the Special Service District dollars exist in limbo, unable to be spent by the county.

- Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass by Committee Substitute
HB 1158 - Georgia Trauma Care Network Commission; certain reports; certain funds; provisions
- BILL SUMMARY: HB 1158 places a ten dollar trauma charge on motor vehicle tags issued by the Georgia Department of Revenue. The revenues derived will be placed in the state treasury to be appropriated to the Georgia Trauma Trust Fund (GTTF). The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the GTTF and will be authorized to expend moneys from the GTTF with approval from the commission. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 1162 - Sky Valley, City of; reincorporate and provide new charter
- BILL SUMMARY: A Bill to provide a new charter to the City of Sky Valley. - Authored By: Rep. Charles F Jenkins of the 8th - Committee Action: Do Pass
HB 1164 - Warren County Board of Education; member elections; revise districts
- BILL SUMMARY: A Bill to reapportion the districts of the members of the Warren County Board of Education. - Authored By: Rep. Sistie Hudson of the 124th - Committee Action: Do Pass
HB 1166 - Liberty County; ad valorem tax; property's base year assessment; provide certain restrictions
- BILL SUMMARY: A Bill to provide that a homestead exemption from Liberty County ad valorem taxes for county purposes may be transferred to the surviving spouse upon the death of the person claiming exemption and provides the county a six-month period subsequent to a property's original base year assessment to adjust such assessment for any purpose. - Authored By: Rep. Al Williams of the 165th - Committee Action: Do Pass
HB 1167 - Liberty County School District; ad valorem tax; property's base year assessment; provide certain restrictions
- BILL SUMMARY: A Bill to provide that a homestead exemption from Liberty County School District ad valorem taxes for educational purposes may be transferred to the surviving spouse upon the death of the person claiming exemption and provides the county a six-month period subsequent to a property's original base year assessment to adjust such assessment for any purpose. - Authored By: Rep. Al Williams of the 165th - Committee Action: Do Pass
Judiciary Non-Civil
HB 336 - Driving under the influence; mandatory sentences; increase
- BILL SUMMARY: Concerns punishment for a DUI for drivers who are 18 years and older First offense: Misdemeanor; fine of $300-$1000; jail 10 days 1 year (24 hours minimum); probation for 12 months less time served; risk reduction program and drug and alcohol evaluation and treatment as indicated; community service hours required depend on blood-alcohol level Second offense: 24-month misdemeanor; fine of $750-$5000; jail 90 days - 24 months; if second DUI within 5 years 120 hour minimum jail time; minimum jail time depends on blood-alcohol level; 30 days community service; probation for 24 months less jail time; risk reduction program and drug and alcohol evaluation and treatment as indicated Third offense: 36-month misdemeanor; fine of $1000-$5000; jail 12-36 months; if third DUI within 10 years 60 days minimum jail time none may be house arrest; if after more than 10 years 120 days minimum jail time up to 60 days may be house arrest; probation for 36 months less time served; 30 days community service if more than 10 years/60 days community service if within 10 years of last DUI; risk reduction program and drug and alcohol evaluation and treatment as indicated Fourth offense: Felony; fine of $1000-$5000; 1-5 years in jail with 1 year minimum; 60 days of community service which the judge may suspend upon service of three or more years in jail; probation for 5 years less time served; risk reduction program and drug and alcohol evaluation and treatment as indicated Treatment of violators under 21 years of age: convictions for offenders under 21 years will count as convictions for those who are over 21 for sentencing purposes within a 10-year period, if the offender's blood alcohol level is 0.08 or greater Minimum periods of incarceration will not be stayed, suspended, probated or subject to early release Amendments to the bill make clear that a 24 or 36 month misdemeanor is not to be considered a felony.
- Authored By: Rep. Kevin Levitas of the 82nd - Committee Action: Do Pass as Amended

Retirement
HB 815 - Teachers Retirement System; Regents Retirement Plan; change provisions
- BILL SUMMARY: This bill revises subsection (a) of Code Section 47-3-68, relating to membership in the Optional Retirement Plan for certain employees of the University System of Georgia. Eligibility for membership in the Optional Retirement Plan would be expanded to include faculty and all exempt employees employed by the University System of Georgia on or after July 1, 2008, provided they were eligible for membership in TRS as of the date of employment. Only persons hired after June 30, 2008 that are faculty or exempt employees will have the opportunity to elect to participate in ORP rather than TRS. The bill also authorizes the Board of Regents to determine the employer contribution rate after consulting with the State Auditor, the Director of OPB and the State Accounting Officer. This would be effective on January 1, 2009. - Authored By: Rep. Carl Rogers of the 26th - Committee Action: Do Pass by Committee Substitute
HB 839 - Employees' Retirement System; assistant district attorneys; provisions
- BILL SUMMARY: This bill provides that any person who was employed as an assistant district attorney on June 30, 1979, who rejected membership in the ERS at that time and then became a member of ERS on July 1, 1998 will be an active member of ERS and will be credited with membership service beginning on July 1, 1998. Also, the member will be entitled to obtain creditable service for prior service as an assistant district attorney rendered from July 1, 1979 through June 30, 1998 if such service is not being used towards creditable service in any other state or local retirement system. The member will be required to pay the full actuarial cost of the creditable service granted and will have to make the payments to the Board by December 31, 2008. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass
State Institutions & Property
HB 1116 - Probation Management Act of 2004; modify certain provisions
- BILL SUMMARY: This bill amends Article 3 of Chapter 5 of Title 42 of the O.C.G.A relating to the conditions of detention, so as to increase the minimum reimbursement rate paid to counties for housing state inmates; to change certain provisions relating to transmittal of information on convicted persons and place of detention; to change the provisions that allow convicted persons to remain in local jails under certain circumstances. This bill also amends Article 9 of Chapter 8 of Title 42 of the O.C.G.A relating to probation management. It will modify provisions relating to the "Probation Management Act of 2004". The amending includes Code Sections 42-8-153; 42-8-154; 42-8-155; 42-8-156; 42-8-158; and 42-8-160. The amending in Code Section 42-8-153, relates to administrative sanctions as an alternative to judicial modification or revocation of probation. The amending in Code Section 42-8-154, relates to preliminary hearings. Hearings regarding violations will be amended in subsection (f) of Code Section 42-5-155. Further amending in Code Section 42-8-156, relates to the finality of the hearing officer's decision. The amending in Code Section 42-8-158, relates to the application of the article only in counties with certified options system day reporting centers. The last part of the article if further amended by repealing Code Section 42-8-160 that relates to the repeal of the article which will read:
"42-8-160. this article shall be repealed in its entirety on June 30, 2008". - Authored By: Rep. Terry Barnard of the 166th - Committee Action: Do Pass by Committee Substitute
State Planning & Community Affairs
HB 1126 - Downtown development authorities; directors; provisions
- BILL SUMMARY: Adds a new subsection to Code Section 36-42-7. Allows one director of a downtown development authority to reside outside of the county so long as that director owns a business in the downtown development area. If that director no longer owns a business in the development area, they must relinquish their seat on the board. - Authored By: Rep. Billy Horne of the 71st - Committee Action: Do Pass

Transportation
HB 981 - Weight of vehicles and loads; concrete haulers; provisions
- BILL SUMMARY: Amends Code Section 32-6-26 relating to weights of vehicles and loads by taking out the words "located in the same or an adjoining county" when referring to trucks hauling mixed concrete for delivery. This change makes it legal for trucks hauling unhardened concrete to customers to travel the routes necessary to get to the customer. - Authored By: Rep. Mark Butler of the 18th - Committee Action: Do Pass
HB 1026 - Transportation, Department of; utility facilities; provisions
- BILL SUMMARY: Amends Code Section 32-6-171 relating to the authority of the DOT to order the removal, relocation, or adjustment of utility facilities. The bill will add to the code section language that will now include utility facilities that are adjacent to any part of the public road which the department intends to improve or is improving. The bill also provides language making the utility exempt from the eminent domain requirements in Code Section 22-1-10 and 22-1-10.1 in the event that the Department has notified the utility in writing that the facility is a hindrance to the construction, use, or safe operation of the roadway. - Authored By: Rep. Vance Smith of the 129th - Committee Action: Do Pass
HB 1123 - Transportation, Department of; commissioner; file reports to General Assembly; require
- BILL SUMMARY: This legislation adds a new Code section to Chapter 2 of Title 32 relating to the Department of Transportation. This Code section 32-2-41.1 says that beginning on December 1, 2008, and annually thereafter, the commissioner shall prepare a report for a report for the Governor, Lieutenant Governor, the Speaker of the House, and the chairpersons of the House and Senate Transportation Committees detailing the progress the department has made in certain areas. These areas are: - Disposal of county maintenance barns and surplus equipment. The report shall detail the location and amount of property and equipment sold and remaining unsold - Road maintenance. Report shall include the commissioner's plans for maintaining existing roads in this state. It shall also detail the amount of money to be spent on maintenance and the money's source. Analysis of the overall condition of roads in Georgia and the possible effect a lack of maintenance may have shall be in the report. - Bridge maintenance. . Report shall include the commissioner's plans for inspecting and maintaining existing bridges in this state. It shall also detail the amount of money to be spent on inspecting and maintaining existing bridges and the money's source. Analysis of the overall condition of bridges in Georgia and the possible effect a lack of maintenance may have, as well as an analysis of whether the inspections already performed were adequate shall be in the report. - Authored By: Rep. Jay Shaw of the 176th - Committee Action: Do Pass
HB 1124 - Design-build contracts; standard for award; change
- BILL SUMMARY: -This legislation amends Code Section 32-2-81 relating to the procedure for awarding design build contracts. Paragraph 7 of subsection (d) and subsection (f) is revised to provide for the selection to consist of a minimum THREE components, instead of two. From the list of qualified bidders used in the selection process, the department shall now select the bidder whose proposal best satisfies the evaluation criteria contained in the request for the proposal. The third, and new, component states that from the list of qualified firms, the department shall make every reasonable effort, without sacrificing the integrity of the process, to award contracts to Georgia based firms. - Subsection (f) states that beginning in FY 2009, the department shall annually report to the Governor, Lieutenant Governor, the Speaker of the House, and the Chairpersons of the House and Senate Transportation Committees on the progress in identifying suitable projects for using the design build procedure. By FY 2010 the department should be using the design build procedure to award at least 5 percent of the monetary value of its construction contracts. By FY 2012 this percentage should be increased to at least 10 percent. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass
HR 1075 - Ottis L. Stonecypher, Sr. Memorial Highway; designate portions of SR 197
- BILL SUMMARY: Dedicates the portion of SR 197 from Mt. Airy to its intersection with SR 17, in Habersham County, as Ottis L. Stonecypher, Sr. Memorial Highway. - Authored By: Rep. Ben Bridges of the 10th - Committee Action: Do Pass by Committee Substitute
* 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

8:00 AM 9:00 AM 9:00 AM 10:00 AM 12:30 PM 2:30 PM 1:00 PM 4:00 PM 1:00 PM 3:30 PM 1:00 PM 2:00 PM 1:00 PM 2:00 PM 1:30 PM 4:00 PM 2:00 PM 4:00 PM

Thursday, February 14, 2008 SCIENCE & TECHNOLOGY RULES Appropriations Higher Education Appropriations Public Safety Subcommittee Ways and Means Tax Reform Subcommittee REGULATED INDUSTRIES HIGHER EDUCATION Appropriations Human Resources Subcommittee JUDICIARY - CIVIL

506 CLOB
341 CAP
415 CLOB
515 CLOB
606 CLOB 403 CAP or upon adjournment 406 CLOB
341 CAP
132 CAP or upon adjournment

2:00 PM 3:30 PM 2:00 PM 3:00 PM 2:00 PM 4:00 PM 2:00 PM 4:00 PM 3:00 PM 3:30 PM

HEALTH & HUMAN SERVICES Appropriations Health Subcommittee EDUCATION Judiciary Non-Civil Subcommittee (Mumford) Budget & Fiscal Affairs Oversight Subcommittee

606 CLOB CANCELED 506 CLOB 406 CLOB 605 CLOB 610 CLOB CANCELED

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