Daily report [Feb. 27, 2008]

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

TOMORROW'S FORECAST
* The House will reconvene for its 24th Legislative Day on Thursday, February 28, at 10:00 AM. * 16 bills are expected to be debated on the floor.

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DAILY REPORT

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RULES CALENDAR
HB 188 - Jury duty; primary caregiver of certain persons; provide exemption
- BILL SUMMARY: Committee substitute LC370459S to HB 188 adds an exemption from jury duty to O.C.G.A. 15-121's list of exemptions, for a person who is a primary, unpaid caregiver for a person over age 6 who has physical or cognitive limitations. The individual seeking the exemption must sign an affidavit and present a statement from a physician or medical provider. - Authored By: Rep. Ed Rynders of the 152nd - House Committee: Judiciary - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 158; Nays: 1
HB 250 - Local boards of education; reports of criminal offenses; revise certain provisions
- BILL SUMMARY: The bill adds (1) the manufacture, distribution, trafficking, sale or possession of controlled substances or marijuana and (2) criminal sexual offenses to the list of complaints that upon receipt of a written request the Professional Practices Commission will investigate. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Judiciary Non-Civil - Rule: Open - Amendments(s): N/A - Yeas: 160; Nays: 0
HB 958 - Magistrate court; certain judgments; clarify appeal procedure
- BILL SUMMARY: HB 958 amends a number of provisions in the Magistrate Court statutes codified in Title 15, Chapter 10. Section 1 amends O.C.G.A. 15-10-41 to provide that a party does not have appeal rights from a dismissal for want of prosecution or due to nonappearance at trial, and that a post-judgment motion to vacate a judgment shall be by certiorari.
Section 2 amends O.C.G.A. 15-10-43 to require the plaintiff to provide more information in the plaintiff's complaint, and allows certain procedural motions by a defendant to be considered by the Magistrate Court. Section 3 requires a counterclaim by a defendant to contain the same amount of additional information that Section 2 requires of plaintiffs. Section 4 revises the form for a plaintiff's complaint. Section 5 removes the 30-day time limit for propounding postjudgment discovery. - Authored By: Rep. Tom Rice of the 51st - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 0

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 - House Committee: Transportation - Rule: Open - Amendments(s): N/A - Yeas: 158; Nays: 1
HB 1090 - Controlled substances; Schedule I, II, III and IV; change certain provisions
- BILL SUMMARY: Updates and changes provisions related to Schedule I, II, III, and IV controlled substances. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 157; Nays: 0
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 - House Committee: Transportation - Rule: Open - Amendments(s): N/A - Yeas: 158; Nays: 0
HB 1160 - Transferable development rights; severance; provide
- BILL SUMMARY: HB 1160 makes two minor amendment the transfer of development rights statutes codified in O.C.G.A. 36-66A-1, et seq. Section 1 of the bill makes two minor changes, and defines "transfer ratio." Section 2 adds language concerning transfer ratios. - Authored By: Rep. Len Walker of the 107th - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 159; Nays: 0
HB 1169 - Early care and learning programs; day-care center; revise definition
- BILL SUMMARY: This bill excludes K-12 private schools from regulation as day-care centers. - Authored By: Rep. Alisha Thomas Morgan of the 39th - House Committee: Education - Rule: Open - Amendments(s): Casas AM 33 0635 - Yeas: 153; Nays: 0
HB 1183 - University system; certain provisions; delay repeal
- BILL SUMMARY: This bill revises Code Section 20-3-86 to add tuition to the list of areas where revenue collected shall not lapse. Other areas include departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. - Authored By: Rep. Bob Smith of the 113th - House Committee: Higher Education - Rule: Open - Amendments(s): N/A - Yeas: 155; Nays: 4

HB 1222 - 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions
- BILL SUMMARY: This bill would update the Healthshare Volunteers in Medicine Act to allow the program to refuse participation by any provider who is under sanction, restriction, or penalty as determined by the appropriate professional licensing or standard board. - Authored By: Rep. Mickey Channell of the 116th - House Committee: Health & Human Services - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 162; Nays: 0
HR 1023 - Tuskegee Airmen Parkway; dedicate
- BILL SUMMARY: Dedicates Camp Creek Parkway in Fulton County from its intersection with Fulton Industrial Boulevard to its intersection with Interstate Highway 85 as the Tuskegee Airmen Parkway. - Authored By: Rep. Bob Holmes of the 61st - House Committee: Transportation - Rule: Structured - Amendments(s): N/A - Yeas: 157; Nays: 0
LOCAL CALENDAR
HB 1282 - Glynn County; ad valorem tax; provide homestead exemption
- BILL SUMMARY: A Bill to provide a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years. - Authored By: Rep. Jerry Keen of the 179th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 136; Nays: 0
HB 1285 - Glynn County School District; ad valorem tax; provide homestead exemption
- BILL SUMMARY: A Bill to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years. - Authored By: Rep. Jerry Keen of the 179th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 136; Nays: 0
HB 1304 - Kennesaw, City of; corporate city limits; change provisions
- BILL SUMMARY: A Bill to annex territory into the corporate limits of the City of Kennesaw. - Authored By: Rep. Ed Setzler of the 35th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 136; Nays: 0
HB 1308 - Cobb County State Court; clerk and chief deputy clerk; change compensation
- BILL SUMMARY: A Bill to provide compensation for the Clerk and Chief Deputy Clerk of the State Court of Cobb County. - Authored By: Rep. Earl Ehrhart of the 36th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 136; Nays: 0

HB 1309 - Brantley County; board of commissioners; chairperson; change salary
- BILL SUMMARY: A Bill to provide compensation for the Chairperson of the Brantley County Board of Commissioners. - Authored By: Rep. Mark Williams of the 178th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 136; Nays: 0
HB 1312 - Bleckley County School Building Authority; create
- BILL SUMMARY: A Bill to create the Bleckley County School Building Authority and to provide for its powers and duties. - Authored By: Rep. Jimmy Pruett of the 144th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 136; Nays: 0
HB 1313 - Pulaski County School Building Authority; create
- BILL SUMMARY: A Bill to create the Pulaski County School Building Authority and to provide for its powers and duties. - Authored By: Rep. Jimmy Pruett of the 144th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 136; Nays: 0
* The House will reconvene Thursday, February 28, at 10:00 AM, for its 25th Legislative Day
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 25th Legislative Day, Thursday, February 28, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
HB 255 - Public retirement systems; public employment related crime; expand definition
- BILL SUMMARY: Adds to the definition of "public employee related crime" any felony offense related to an officer or public employee's public employment as provided by Georgia law, the laws of any other state or the laws of the United States. This definition will only apply to employees who become members of the public retirement system on or after July 1, 2007. - Authored By: Rep. Ben Bridges of the 10th - House Committee: Judiciary Non-Civil - House Committee Passed: 2/20/2008 - Rule: Modified-Structured
HB 278 - Funeral service contracts; plat marked with location of grave space; provide
- BILL SUMMARY: This bill adds a requirement to the "Georgia Cemetary and Funeral Services Act of 2000", that the written contract must also disclose that a plat marked with the location of a grave space be attached to the contract. - Authored By: Rep. Mable Thomas of the 55th - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 2/20/2008 - Rule: Modified-Structured
HB 393 - Farm wineries; licensing; change certain provisions
- BILL SUMMARY: This bill revises provisions of Chapter 6 of Title 3. This legislation: Redefines `farm winery' as a winery that:
- makes at least 40% of its annual production from agricultural produce grown in the state in which the winery is located - is located on premises, a substantial portion (determined by the commissioner) of which is used for cultivating agricultural produce utilized in the manufacture or production of wine by the winery. - is owned and operated by persons who are engaged in the production of a substantial portion (determined by the

commissioner) of the agricultural produce used in its annual production. Defines "Georgia farm winery" as a farm winery licensed by the commissioner to manufacture wine in Georgia. Allows the commissioner to authorize any Georgia farm winery to offer wine samples and make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in the state for consumption on the premises and in closed packages for consumption off the premises. Allows the commissioner to authorize any farm winery licensee to sell any farm and non-farm wine for consumption on premises or in facilities adjacent to and owned by the winery where permitted by law. Takes out the provisions of Code Section 3-6-29, relating to rules, regulations and the content requirements for wines manufactured by domestic and farm wineries. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Regulated Industries - House Committee Passed: 2/21/2008 - Rule: Modified-Structured
HB 544 - Multiple employer self-insured health plans; certain institutions; provisions
- BILL SUMMARY: HB 544 allows private colleges and universities to create risk pool arrangements between two or more institutions for the purpose of providing self-funded health insurance plans. The purpose is to provide cheaper premiums and better benefits in order to gain and maintain quality employees. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Insurance - House Committee Passed: 2/21/2008 - Rule: Modified-Open
HB 798 - Pharmacy Consumer Protection and Transparency Act; enact
- BILL SUMMARY: This bill adds a new article to be known as "Georgia Pharmacy Practice Act" to Chapter 4 of Title 26. This legislation provides that pharmacy benefit managers must be regulated and licensed by the Department of Insurance. It further identifies licensing criteria and procedure as well as provides for rules and regulations. - Authored By: Rep. Austin Scott of the 153rd - House Committee: Regulated Industries - House Committee Passed: 2/21/2008 - Rule: Open
HB 887 - Tobacco Prevention Master Settlement Agreement Oversight Committee; create
- BILL SUMMARY: This bill is designed to amend chapter 13 of title 10 of the official code of Georgia Annotated, which will provide for the creation of an oversight committee dedicated for tobacco prevention. The board would be established by individuals from the dept. of health, the dept. of human resources, groups dedicated to health and smoking prevention, as well as appointed officials by the Governor, Speaker of the House, and Lt. Governor. The committee will aim to establish tobacco use prevention programs, give recommendations to the governor, review current programs, and report progress.
No Minority Report Filed. - Authored By: Rep. Mark Butler of the 18th - House Committee: Appropriations - House Committee Passed: 2/21/2008 - Rule: Open
HB 962 - Local boards of education; budget deficit; require public notice
- BILL SUMMARY: This bill amends Article 3 of Chapter 2 of Title 20 of the O.C.G.A. to require local boards of education to make public notice of a budget deficit or irregularities within 3 business days. - Authored By: Rep. Allen G. Freeman of the 140th - House Committee: Education - House Committee Passed: 2/7/2008 - Rule: Open
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 - House Committee: Special Rules - House Committee Passed: 2/12/2008 - Rule: Modified-Open
HB 983 - Out-of-state law enforcement officers; arrest certain offenders; provide
- BILL SUMMARY: This bill creates a new Code section to provide for the arrest of certain offenders by out-of state law enforcement officers. If a law enforcement officer from Alabama, Tennessee, North Carolina, South Carolina or Florida is in fresh pursuit (a defined term in the bill) of a person who enters this state, he will have the same authority to arrest and hold that person in custody as if they were in the officer's state. When the out-of-state officer makes the arrest in Georgia he will then be required to go to a judicial officer in the local jurisdiction for a hearing. The law would only apply to crimes which are crimes under Georgia law and felonies in the pursuing state. The bill provides for a hearing before a judicial officer without unnecessary delay and for extradition of the arrestee to the state in which the criminal offense was committed. The law will only apply to those states which have similar pursuit and arrest provisions in their Code. Currently only Alabama is the only of the five border states that does not have a reciprocal agreement with Georgia. - Authored By: Rep. Doug Collins of the 27th - House Committee: Judiciary Non-Civil - House Committee Passed: 2/6/2008 - Rule: Open
HB 1000 - Watercraft Certificate of Title Act; enact
- BILL SUMMARY: This bill creates the "Watercraft Certificate of Title Act." It sets forth the guidelines and principles for the titling of watercraft. Georgia is one of 13 states that do not currently title boats. There is no procedure to verify if there are liens on a boat. Ownership is official only through a bill of sale. In the case of this bill, `vessel' means every description of watercraft that is used or is capable of being used as a means of transportation on water including inflatable rafts and homemade vessels. Seaplanes on the water or sailboards are excluded from the definition of vessel. - An amendment was offered in committee that set forth an additional vessel exemption from the titling process if the boat is motorized but the motor does not exceed 10 horsepower. The bill follows the titling process that exists with automobiles in Georgia. The bill also only refers to new boat sales and does not require that previously purchased vessels be titled, however, that option will be available. - Authored By: Rep. John Heard of the 104th - House Committee: Game, Fish, & Parks - House Committee Passed: 2/12/2008 - Rule: Open
HB 1020 - Civil and criminal cases; minors; certain sexually explicit or obscene evidence; restrict access
- BILL SUMMARY: Requires that any property or material prohibited under Chapter 12 of Title 16 Offenses Related to Minors will remain in the custody of a law enforcement agency, prosecuting attorney's office or the court in both criminal and civil cases; This includes obscene material and computer or electronic pornography; A court will not allow a defendant to copy the material but will permit the defendant to inspect the materials no later than ten days prior to trial; In civil cases the materials will not be subject to copying; Amends the Open Records Act to provide that these materials will not be subject to public inspection unless approved by the judge in writing designating where the evidence may be inspected. If

inspection is permitted the materials will not be permitted to be copied or otherwise reproduced; Copying or reproduction will be carry a felony penalty of 5-20 years imprisonment and a fine of up to $100,000.00, or both. - Authored By: Rep. Rich Golick of the 34th - House Committee: Judiciary Non-Civil - House Committee Passed: 2/26/2008 - Rule: Modified-Structured
HB 1061 - Wine; shipped to one customer; limit number of cases
- BILL SUMMARY: This bill revises the provisions of Code Section 3-6-31 regarding the special order shipping license requirements and regulations. This legislation: Provides that the special order shipping license will only be issued to a shipper or manufacturer who holds a valid federal basic wine manufacturing permit. This license will authorize such shipper or manufacturer to make direct shipments of wine to consumers in this state. Reduces the number of cases of wine that is allowed to be shipped per household by the special order shipping licensee to 12 cases per year. Requires the special order shipping licensee to verify the age of the person placing the order either by checking that individual's ID or by using an internet based age and identification verification service. Prohibits the special order shipping licensee to authorize the shipment of any wine to any premises licensed to sell alcoholic beverages. Establishes provisions relating to the tax payments, sales reports and documentation to be provided by the special order shipping licensee. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Regulated Industries - House Committee Passed: 2/21/2008 - Rule: Modified-Structured
HB 1121 - Condominiums; associations; insurance coverage; change certain provisions
- BILL SUMMARY: HB 1121 clarifies who has the insurable interest in regards to condominium insurance. It states that the condominium association has the insurable interest on everything that is original to the condo unit when it was sold. The owner of the unit will have the insurable interest on anything additional or, in the instance something is replaced, for the dollar amount that exceeds the original fixture's value. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Insurance - House Committee Passed: 2/21/2008 - Rule: Modified-Open
HB 1129 - Georgia Tourism Development Act; enact
- BILL SUMMARY: The purpose of HB 1129 is the promotion and development of tourism attractions in Georgia which will preserve and create jobs and tax revenues for the support of public services provided by the state. The bill provides that companies seeking to undertake a tourism attraction project may be granted a sales and use tax refund for the incremental state and local sales taxes generated by the approved company and arising at the tourism attraction. The total refund allowed to the company over a 10 year term is equal to the lesser of the total amount of sales tax liability of the company or 25% of the approved costs for the tourism attraction project. "Tourism attractions" may include cultural or historic sites, recreation or entertainment facilities, areas of natural phenomenon or beauty, convention hotels and conference centers, race tracks, golf facilities, marinas and water parks, or entertainment destination centers designed to attract tourists to Georgia.
The bill provides for the commissioner of economic development to establish standards for the filing of applications for tourism attraction projects by administrative regulations, and specifies what must be included in applications filed with this department. Approval may be granted if the project shall have approved costs in excess of $25 million for new attractions or $10 million for additions to existing attractions, have a significant and positive economic impact on Georgia, produce sufficient revenues and public demand to be operating and open to the public for a minimum of 120 days per year, and not adversely affect existing employment in Georgia. - Authored By: Rep. Jeff Lewis of the 15th - House Committee: Ways & Means - House Committee Passed: 2/21/2008 - Rule: Structured
HB 1159 - Income tax credit; adoption of a qualified foster child; provide
- BILL SUMMARY: This bill provides a tax credit for those adopting a foster child for $2000 per year until the child reaches 18 years of age. - Authored By: Rep. John Lunsford of the 110th - House Committee: Children & Youth - House Committee Passed: 2/19/2008

- Rule: Structured
HB 1201 - Georgia Emergency Management Agency Nomenclature Act of 2008; enact
- BILL SUMMARY: This bill amends Chapter 3 of Title 38 of the O.C.G.A, relating to emergency management, so as to require permission for use of the Georgia Emergency Management Agency's nomenclature and symbols; to provide a short title; to provide for liabilities and penalties; to provide that a willful violation shall be a misdemeanor. Chapter 3 of Title 38 of the O.C.G.A, relating to emergency management is amended by inserting a new article.
38-3-140 shall be known as the Georgia Emergency Management Agency Nomenclature.
38-3-141 defines terms like badge, director, emblem, person, seal, and willful violator.
38-3-142 outlines what written permission from the director when using the words Georgia Emergency Management Agency, Emergency Management Agency, or GEMA in reference to Georgia Emergency Management Agency in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the Georgia Emergency Management Agency shall be in violation of this article.
38-3-143 any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management Agency without written permission from the director shall be in violation of this article.
38-3-144 any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management Agency may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under this article shall be at the discretion of the director and under such conditions as the director may impose.
38-3-145 whenever there shall be an actual or threatened violation of this article, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.
38-3-146 in addition to any other relief or sanction for a violation of this article, the director shall be entitled to collect a civil penalty in the amount of $1,000.00 for each violation from a willful violator. Further, the director shall be entitled to recover reasonable attorney's fees for bringing any action against a willful violator.
38-3-147 any person who has given money or any other item of value to another person due in part to such person's use of agency nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
38-3-148 any willful violator shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000.00 or to imprisonment for not more than 12 months, or both. Each violation shall constitute a separate offense. - Authored By: Rep. Burke Day of the 163rd - House Committee: Public Safety and Homeland Security - House Committee Passed: 2/20/2008 - Rule: Open
* The Rules Committee will next meet on Thursday, February 28, at 9:00 AM, to set the Rules Calendar for the 26th Legislative Day.
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COMMITTEE ACTION REPORT
Agriculture & Consumer Affairs
HB 1303 - Food service establishments; food nutrition information; provisions
- BILL SUMMARY: This bill provides a uniform statewide standard on food nutrition information at food service establishments. 'Food nutrition information means the content of food including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content. For the purpose of protecting the public health, the Department of Human Resources shall have the power to adopt and promulgate reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department; provided, however, that no county board of health or political subdivision of this state shall enact any ordinance or issue any rules and regulations pertaining to the provision of food nutrition information at food service establishments. - Authored By: Rep. Mike Coan of the 101st - Committee Action: Do Pass
Agriculture & Consumer Affairs
SB 429 - Agriculture, Dept. of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions
- BILL SUMMARY: This bill expands the Department of Agricultures law enforcement officers by allowing The Commissioner to be vested with police powers to enforce all state laws pertaining to functions assigned to the department, and be authorized to employ, designate, and deputize, homeland security investigators with the authority to enforce all state laws pertaining to functions assigned to the department, including the following powers: - To inspect plants, animals, or products when the same are subject to regulation by the department; - To stop and inspect any vehicle transporting plants, animals, or products when the same are subject to regulation by the department; and - To enforce any state law when the violation of that law is committed in conjunction with a violation of a state law pertaining to functions assigned to the department; - To enforce any state law when ordered to do so by the Governor or to protect any life or property when the circumstances demand action; - To assist, at the expense of the department, the Georgia Office of Homeland Security or the Georgia Bureau of Investigation in carrying out their duties and responsibilities when requested to do so by the Georgia Office of Homeland Security or the Georgia Bureau of Investigation; and - To arrest any person found to be in violation of any state law, the enforcement of which is authorized this bill - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass by Committee Substitute
Interstate Cooperation
SB 345 - Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy
- BILL SUMMARY: This bill amends Title 20 of the O.C.G.A, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to provide for a short title; to provide for the purpose and policy of said compact; to define the terminology used in said compact; to provide for applicability; to provide for educational records and enrollment; to provided for placement and attendance; to provide for eligibility; to provide for graduation; to provide for state coordination services; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution.
Title 20 is amended by adding a new Chapter 17.
20-17-1 This Chapter shall be known as the "Interstate Compact on Educational Opportunity for Military Children."
20-17-2 This Compact is enacted into law and entered into by the State if Georgia with any and all states legally joining.

The Interstate Compact on Educational opportunity for Military Children contains: a purpose, definitions, applicability, educational records& enrollment, placement & attendance, eligibility, graduation, and state coordination.
The Interstate Compact on Educational opportunity for Military Children has the following responsibilities: interstate commission on educational opportunity for military children, powers & duties of the interstate commission, organization & operation of the interstate commission, rulemaking functions on the interstate commission, oversight enforcement & dispute resolutions, financing of the interstate commission, member states effective date & amendment, withdrawal & dissolution, severability & construction, and binding effect of compact & other laws. - Authored By: Sen. Ed Harbison of the 15th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1316 - DeKalb County Project Achieve Fund; create
- BILL SUMMARY: A Bill to establish and authorize the DeKalb County Project Achieve Fund to collect surcharges from each civil case filed in DeKalb County State Court to be used to provide a second chance at school and rehabilitation for troubled youths who are first-time offenders. - Authored By: Rep. Stan Watson of the 91st - Committee Action: Do Pass
Motor Vehicles
HB 1037 - Driver education purposes; traffic law violations; additional penalty; extend expiration date
- BILL SUMMARY: HB 1037 extends the sunset date for the funding mechanism for "Joshua's Law" to June 30, 2009. - Authored By: Rep. Don Parsons of the 42nd - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 1220 - Special license plates; firefighters; provisions
- BILL SUMMARY: HB 1220 allows the surviving spouse of a deceased firefighter to continue to be eligible for a special firefighter's license plate as long as such person does not remarry. Further, this bill removes the statutory limit on the number of special firefighter plates a fireman can apply for. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute
Natural Resources & Environment
HB 68 - Coastal Marshlands Protection Act; exempt certain single private docks; provide
- BILL SUMMARY: This bill allows for the streamlining of the permitting process for private property owners to build docks, and reduce the number of walkways necessary to reach those docks, on Georgia's coastal marshlands. - Authored By: Rep. Terry Barnard of the 166th - Committee Action: Do Pass
Natural Resources & Environment
HB 1176 - Land conservation projects; certain provisions; redesignate and extensively revise
- BILL SUMMARY: The intent of this legislation is to provide a flexible framework within which municipalities and governmental entities can partner with private partners to contract with GEFA for land conservation projects. - The committee amended the bill to make sure that any non-governmental entity (private partner) is held accountable to paying back the loan. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute

Natural Resources & Environment
HB 1281 - Water resources; local government restrictions; more restrictive than state; prohibit
- BILL SUMMARY: This bill will require that if a local government wishes to restrict water useage beyond the state's set levels, then they must apply to do so through the state. It also requires that EPD perform a three day turn around on the application by the local government. - This bill allows establishes that the water necessary for upkeep in swimming pools is exempt from water use restrictions. - Authored By: Rep. Terry England of the 108th - Committee Action: Do Pass by Committee Substitute
Public Safety and Homeland Security
HB 964 - Georgia ports and harbors; operation of certain vessels; revise provisions
- BILL SUMMARY: This bill amends Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic. This bill revises provisions relating to the operation of certain vessels in Georgia ports and harbors. - Authored By: Rep. Burke Day of the 163rd - Committee Action: Do Pass by Committee Substitute
Public Safety and Homeland Security
SB 430 - DNA; Georgia Bureau of Investigation include information in database/compare to samples collected from evidentiary materials
- BILL SUMMARY: This bill amends Code Section 24-4-63 of the O.C.G.A, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the GBI may include such information in a data base and compare such information to samples collected from evidentiary materials. 24-4-63 shall read:
"(a.1) The bureau may include in a data base a DNA profile obtained from the analysis of a sample lawfully obtained from a suspect in a criminal investigation and may compare such DNA samples collected from evidentiary materials." - Authored By: Sen. William Hamrick of the 30th - Committee Action: Do Pass
Retirement
HB 639 - Employees' Retirement System; certain state patrol members; contributions; provisions
- BILL SUMMARY: This bill extends the retirement age of 55 to persons employed by the State Board of Pardons and Paroles, provided these persons are POST certified, i.e., parole officers. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute
State Planning & Community Affairs
HB 541 - Clean and renewable fuels; certain vehicles operated by certain government entities; require use
- BILL SUMMARY: Amends Official Code of Georgia titles 20 (education), 36 (local government), and 50 (state government). This bill mandates that local school districts, County and municipal corporations, state offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or any other entity of the state shall use clean renewable fuel (Biodiesel) in any motor vehicle or equipment that is compatible with using biodiesel. A preference shall be given to biodiesel made from Georgia products; and these entities will not be allowed to purchase or lease a motor vehicle that is not capable of being powered by biodeisel. - Authored By: Rep. Tommy Smith of the 168th - Committee Action: Do Pass by Committee Substitute
State Planning & Community Affairs
HB 1200 - Georgia Local Government Public Works Construction Law; certain development authorities; exempt
- BILL SUMMARY: Adds a new code section (36-91-22) that amends the Georgia Local Government Public Works Construction Law. Exempts public works construction projects that are owned by development authorities. Exempts those individuals who leased to, sold to, managed, or operated such development authority. Defines "development authority" as an authority created by law for the purpose of promoting trade, commerce, industry, employment or for similar purposes. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Tabled

State Planning & Community Affairs
HB 1237 - County property; housing authority; certain disposition requirements; provide exemption
- BILL SUMMARY: Amends Code Section 36-9-3. Exempts certain disposition requirements to any housing authority defined in Code Section 8-3-3. Revises 36-9-3 subparagraph (a)(2)(A). - Authored By: Rep. Doug McKillip of the 115th - Committee Action: Do Pass
Transportation
HB 426 - Railroad grade crossings; active warning devices; define; provisions
- BILL SUMMARY: Code section 32-6-200 relating to the installation of protective devices at railroad grade crossings is amended by inserting at the end thereof a new subsection (d). This subsection says that each local school district in the state shall survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices. This information shall be submitted no later than September 1. Each local school district shall exercise best efforts to minimize the number of established bus routes that rail crossings do not have active warning devices. The department shall use the information as an important factor in selecting which rail crossings to upgrade with the warning devices. - Authored By: Rep. Sheila Jones of the 44th - Committee Action: Do Pass by Committee Substitute
Transportation
HB 1189 - Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require
- BILL SUMMARY: This legislation amends Chapter 2 of Title 32 by adding a new Code section 32-2-41.1. This new Code section would require the DOT Commissioner to annually prepare a report for the Governor, Lieutenant Governor, Speaker of the House, and the Chairpersons of the House and Senate Transportation committees. This report shall detail the progress the Department has made on preparing the State-wide Strategic Transportation Plan. A draft of the plan shall be delivered to the members of the General Assembly for comments and suggestions on or before December 31, 2008. The plan shall include a list of projects realistically expected to begin in the next 5 years, the cost of those projects, and the source of the funds for those projects. The final version of the State-wide Strategic Transportation Plan shall be completed by May 1, 2009. The plan shall also be published on the Department's website. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass by Committee Substitute
Transportation
HR 1365 - Reverend George W. Nealy Memorial Bridge; dedicate
- BILL SUMMARY: This resolution dedicates the bridge on SR 41 over Kinchafoonee Creek, in Webster County, as the Reverend George W. Nealy Memorial Bridge. - Authored By: Rep. Bob Hanner of the 148th - Committee Action: Do Pass by Committee Substitute
Transportation
SR 750 - Transportation, U.S. Dept. of; urged to reconsider its mission and purpose
- BILL SUMMARY: This resolution urges the United States Department of Transportation to make the funds collected under the federal gas tax immediately available to individual states to fund their transportation needs. The resolution also urges the federal government to cease the collection of motor fuel taxes in Georgia so that the state can collect and distribute the taxes without the delay caused by federal collection and disbursement. - Authored By: Sen. Chip Pearson of the 51st - Committee Action: Do Pass
Transportation
SR 781 - GA Dept. Of Transportation; urged to develop a state-wide strategic transportation plan/to take certain other actions
- BILL SUMMARY: This resolution urges the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to present that report to the General Assembly by December 31, 2008. - Authored By: Sen. Jeff Mullis of the 53rd - 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 BROADCAST SCHEDULE

7:30 AM 8:00 AM 7:30 AM 8:00 AM 8:00 AM 9:00 AM 8:00 AM 9:00 AM 8:00 AM 9:00 AM 8:00 AM 9:00 AM 8:00 AM 9:00 AM 8:00 AM 9:00 AM 8:30 AM 10:00 AM 9:00 AM 10:00 AM 2:00 PM 3:30 PM 2:00 PM 4:00 PM 2:00 PM 4:00 PM 2:00 PM 4:00 PM 2:00 PM 3:00 PM 2:00 PM 4:00 PM 2:00 PM 4:00 PM 2:00 PM -

Thursday, February 28, 2008 Environmental Quality Subcommittee of Natural Resources Ways & Means Public Finance Subcommittee
NATURAL RESOURCES & ENVIRONMENT Energy Subcommittee of Energy, Utilities & Telecommunications SCIENCE & TECHNOLOGY
PUBLIC SAFETY & HOMELAND SECURITY General Government Subcommittee of Governmental Affairs Ways & Means Ad Valorem Tax Subcommittee
Health & Life Subcommittee of Insurance
RULES
HEALTH & HUMAN SERVICES
WAYS AND MEANS
JOINT TRANSPORTATION
STATE INSTITUTIONS & PROPERTY
HIGHER EDUCATION
Judiciary Non-Civil Subcommittee (Bearden)
STATE PLANNING & COMMUNITY AFFAIRS JUDICIARY CIVIL

606 CLOB 133 CAP 606 CLOB 415 CLOB 506 CLOB 406 CLOB 605 CLOB 133 CAP 515 CLOB 341 CAP 606 CLOB 506 CLOB 341 CAP 415 CLOB 406 CLOB 605 CLOB 403 CAP 132 CAP or upon

3:00 PM
3:00 PM 5:00 PM 3:00 PM 4:00 PM 3:00 PM 5:00 PM 4:00 PM 6:00 PM 4:00 PM 5:00 PM

EDUCATION REGULATED INDUSTRIES Judiciary Civil Subcommittee One (Lindsey) GOVERNMENTAL AFFAIRS State Institutions and Property Subcommittee

adjournment- whichever is later 406 CLOB
515 CLOB 132 CAP immediately following full Judiciary 606 CLOB
415 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.
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CONTACT: BRENT CRANFIELD
(404) 656-0305 Brent.Cranfield@house.ga.gov