Daily report [Mar. 12, 2008]

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

TOMORROW'S FORECAST
* The House will reconvene for its 32nd Legislative Day on Tuesday, March 18, at 10:00 AM. * 4 bills are expected to be debated on the floor.

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RULES CALENDAR
HR 1024 - Army and National Guard; priority units; receive WRESP; urge
- BILL SUMMARY: Urges the Surgeon General of the Army and the Commanding General of the National Guard Bureau to change existing policy regarding the ability of priority units within the National guard, who have a high probability of future deployment into a combat zone, to receive Warfighter Refractive Eye Surgery Program (WRESP) benefits. - Authored By: Rep. Mark Hamilton of the 23rd - House Committee: Defense & Veterans Affairs - Rule: Open - Amendments(s): N/A - Yeas: N/A; Nays: N/A
- Bill was recommitted to the Rules Committee
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 - House Committee: Interstate Cooperation - Rule: Open - Amendments(s): McKillip Ehrhart Amendment, Cole Ehrhart Am 370040 - Yeas: 164; Nays: 0

SB 399 - Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period
- BILL SUMMARY: Current law requires retail tire dealers to impose a $1 fee on each new replacement tire sold in the state. However, this provision will expire on June 30, 2008. This legislation re-authorizes the collection of the fee until June 30. 2011. - Authored By: Sen. Ross Tolleson of the 20th - House Committee: Natural Resources & Environment - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 137; Nays: 26
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 - House Committee: Public Safety and Homeland Security - Rule: Modified-Structured - Amendments(s): N/A - Yeas: N/A; Nays: N/A
- Bill was recommitted to the Rules Committee
LOCAL CALENDAR
HB 1406 - Waleska, City of; mayor and councilmembers; four-year terms; provide
- BILL SUMMARY: A Bill to provide four-year terms for the mayor and staggered four-year terms for the councilmembers in the City of Waleska. - Authored By: Rep. Calvin Hill of the 21st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 146; Nays: 0
HB 1407 - Atkinson County; board of commissioners; provisions
- BILL SUMMARY: A Bill to provide compensation, duties of the chairperson, voting procedures, and filling vacancies on the Atkinson County Board of Commissioners. - Authored By: Rep. Chuck Sims of the 169th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 146; Nays: 0
HB 1410 - Walton County; board of education; members; change compensation method
- BILL SUMMARY: A Bill to provide compensation and expense reimbursements for the members of the Walton County Board of Education. - Authored By: Rep. Len Walker of the 107th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 146; Nays: 0

SB 524 - Valdosta-Lowndes County Parks & Recreation Authority; create; authorize to provide parks and recreation services throughout Lowndes County
- BILL SUMMARY: A Bill to create the Valdosta-Lowndes County Parks and Recreation Authority and to provide for its powers and duties. - Authored By: Sen. Tim Golden of the 8th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 146; Nays: 0
* The House will reconvene Tuesday, March 18, at 10:00 AM, for its 32nd Legislative Day
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 32nd Legislative Day, Tuesday, March 18, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
SB 364 - Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions
- BILL SUMMARY: This bill changes the classification and location of references to ratites. Ratites are flightless birds, including, but not limited to, ostriches, emus and rheas. Ratites fall under the Poultry Products Inspection Act (PPIA) with USDA Food Safety and Inspection Services (USDA FSIS). Currently, ratites are classified as livestock under the Georgia Code. This bill strikes ratites from several code sections defining and dealing with livestock. Under this bill, ratites are defined as poultry within the Code and are regulated as poultry for agriculture inspection purposes.
Comments: In 1995, the Georgia Code was amended to include ratites as livestock, rather than poultry. Recently, the USDA FSIS transferred ratites to fall under the PPIA. Due to this change, the Federal State Audit Branch of the USDA has requested that the Georgia Department of Agriculture work to update the appropriate Georgia Code sections to accurately reflect federal guidelines. - Authored By: Sen. John Bulloch of the 11th - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 2/20/2008 - Rule: Open
SB 373 - Peace Officers; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements
- BILL SUMMARY: This bill amends Chapter 8 of Title 35 of the O.C.G.A, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officer's certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment.
Code Section 35-8-7.1, relating to the authority of the Peace Officer Standards and Training council to refuse certification of or discipline peace officers, by adding a new subsection to read as follows:
"(d) Upon arrest or indictment of a peace officer for any crime which is punishable as a felony, the executive director of the council shall order the emergency suspension of such officer's certification upon the executive director's determination that the suspension is in the best interest of the health, safety, or welfare of the public. The order of emergency suspension shall be made in writing and shall specify the basis for the executive director's determination. Following the issuance of an emergency suspension order, proceedings of the council in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in Code Section 35-8-7.2. The emergency suspension order of the executive director shall continue in effect until issuance of the final decision of the council or such order is withdrawn by the executive director."
Code Section 35-8-8, relating to requirements for appointment or certification of persons as peace officers, is revised as follows:
"(a) Any person employed or certified as a peace officer shall: (1) Be at least 18 years of age; (2) Be a citizen of the United States; (3) Have a high school diploma or its recognized equivalent;

(4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council; (7) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercising the powers or duties of a peace officer; and (8) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11.
(b) Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of this Code section."
Code Section 35-8-24, relating to the training requirements for jail officers and juvenile correctional officers, is amended in subsection (c) as follows:
"(c) Applicants and persons certified under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all requirements of a peace officer, except the requirements of paragraph (8) of subsection (a) of Code Section 358-8 and peace officer training requirements applicable to peace officers only." - Authored By: Sen. Jack Murphy of the 27th - House Committee: Public Safety and Homeland Security - House Committee Passed: 3/5/2008 - Rule: Open
SB 388 - Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power
- BILL SUMMARY: This bill amends Article 8 of Chapter 9 of Title 16 and Chapter 35 of the O.C.G.A, relating to identity fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases.
*Code Section 16-9-123 is revised and relates to investigations in identity fraud cases. The first change in this section strikes through the Governor's Office of Consumer Affairs and adds the Georgia Bureau of Investigation.
"Copies of any and all complaints received by any law enforcement agency of this state regarding potential violations of this article shall be transmitted to the Governor's Office of Consumer Affairs Georgia Bureau of Investigation. The Governor's Office of Consumer Affairs Georgia Bureau of Investigation shall maintain a repository for all complaints in the State of Georgia regarding identity fraud. Information contained in such repository shall not be subject to public disclosure." In this same code section the Georgia Bureau of Investigation or local law enforcement is added after the Governor's Office of Consumer Affairs.
"Consumer victims of identity fraud may file complaints directly with the Governor's Office of Consumer Affairs, the Georgia Bureau of Investigation, or with local law enforcement.
*Code Section 35-3-4 is amended in subsection (a), relating to the powers and duties of the Georgia Bureau of Investigation, by striking "or" at the end of paragraph (9), by replacing the period with "; or" at the end of paragraph (10), and by adding a new paragraph (11) that reads, Identity and investigate violations of Article 8 of Chapter 9 of Title 16.
*Code Section 35-3-4.1, relating to subpoena for production of electronic communication service records for computer or electronic devices in furtherance of certain offenses against minors. The revision of paragraph (1) of subsection (a) shall read:
"(a)(1) In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of Title 16, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote communication service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications." - Authored By: Sen. Joseph Carter of the 13th - House Committee: Public Safety and Homeland Security - House Committee Passed: 2/20/2008 - Rule: Open

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 - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 2/27/2008 - Rule: Modified-Structured
* The Rules Committee will next meet on Tuesday, March 18, at 9:00 AM, to set the Rules Calendar for the 33rd Legislative Day.
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COMMITTEE ACTION REPORT
Agriculture & Consumer Affairs
SB 515 - Georgia Seed Development Commission; composition, advisory board, term of office; change certain provisions
- BILL SUMMARY: This bill amends the code relating to the Georgia Seed Development Commission. It changes the membership of the commission from 10 to 11 members, and gives specific criteria of what expertise those members should hold to be appointed. It bill also allows the commission to create an advisory council to advise and consult on the commission's performance. This bill also sets a two year term for membership. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass
Economic Development & Tourism
SB 359 - Made in Georgia; create program; promoting goods/product manufactured in Ga.; provide for rules/regulations
- BILL SUMMARY: This bill would require the Georgia Department of Economic Development to develop a program to promote products made in Georgia. - Authored By: Sen. Tim Golden of the 8th - Committee Action: Do Pass
Judiciary Non-Civil
SB 1 - Sexual Offenders; unlawful to photograph minors; provide penalties
- BILL SUMMARY: SB 1 adds that registered sex offenders will be prevented from photographing minors without the consent of the minor's parent or guardian. - Authored By: Sen. Eric Johnson of the 1st - Committee Action: Do Pass by Committee Substitute

Judiciary Non-Civil
SB 350 - Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision
- BILL SUMMARY: Adds to the requirements for people arrested for driving with a revoked or suspended license will be fingerprinted, and provides that the person will not be guilty of the offense if he or she can present the court proof of a valid state driver's license.
A fourth conviction of driving with a revoked or suspended license within five years will be punished as a felony carrying a term of imprisonment of one to five years and a fine of $2500 to $5000 or both.
The Department of Driver Services will be notified of each violation. - Authored By: Sen. John J. Wiles of the 37th - Committee Action: Do Pass by Committee Substitute
Public Safety and Homeland Security
SB 414 - 2008 Georgia Firefighter Standards and Training Council Act; revise definitions; provide for calling of meetings/quorum
- BILL SUMMARY: This bill amends Chapter 4 of Title 25 of the O.C.G.A, relating to firefighter standards and training. This bill provides for a short title, revised definitions, and to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council. It authorizes the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees. It also authorizes the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting. SB 414 will delete an obsolete provision concerning qualifications of firefighters.
Section 1 names the act as the "2008 Georgia Firefighter Standards and Training Council Act".
Section 2 amends Code Section 25-4-2 by revising definitions and by adding a new paragraph to read as follows: "(5.1) Fire Department shall have the same meaning as provided in Code Section 25-3-21".
Section 3 amends Code Section 25-4-6 by revising the meetings of the Georgia Firefighter Standards and Training Council.
Section 4 amends Code Section 25-4-7 by revising paragraph (4) relating to the functions and powers of the Georgia Firefighter Standards and Training Council.
Section 5 amends Code Section 25-4-8 by revising paragraph (2) of subsection (a) relating to qualifications of firefighters. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass
Public Safety and Homeland Security
SB 502 - Parole Board; certified parole officers employed who leave the board under certain conditions may retain their badges
- BILL SUMMARY: This bill amends Code Section 42-9-9 of the O.C.G.A, relating to employees of the parole board. It is amended by designating the existing provisions as subsection (a) and adding a new subsection (b) that reads the following:
"(b) A certified parole officer leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board as a certified parole officer shall be entitled as part of such employee's compensation to retain his or her board issued badge. A certified parole officer employed with the board who is killed in the line of duty shall be entitled to have his or her board issued badge given to a surviving family member. Where a certified parole officer leaves the service of the board due to a disability that arose in the line of duty and such disability prevents the parole officer from further serving as a peace officer, then such disabled parole officer shall be entitled to retain his or her board issued badge regardless of the officer's number of years of service with the board. The board is authorized to promulgate rules and regulations for the implementation of this subsection."

- Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass
Regulated Industries
SB 385 - Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized
- BILL SUMMARY: This bill adds a new Code Section 3-9-4, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations. This legislation allows limousine carriers to sell alcohol for consumption in their limousines upon obtaining an annual permit and stickers for each vehicle from the commissioner of the Department of Revenue. In order to do this a limousine carrier will have to pay an annual permit fee of $50.00 as well as a fee of $15 for each vehicle in his fleet.
This bill allows limousine carriers to purchase alcohol only from retailers, but not from wholesalers. It also allows limousine carriers to purchase and resell alcohol only in the areas where the sale of alcohol is allowed. However, if there are minors in the limousine no alcohol will be allowed. - Authored By: Sen. Don Balfour of the 9th - Committee Action: Do Pass
Regulated Industries
SB 454 - Alcoholic Beverages; any county which Sunday sale is authorized; may authorize the sale in public stadiums, coliseums, and auditoriums
- BILL SUMMARY: This bill adds new subsections to the Code Section 3-3-7, relating to the local authorization and regulation of sales of alcoholic beverages on Sunday. This legislation allows the sale of alcoholic beverages in public stadiums, coliseums, and auditoriums that seat over 2,500 people on Sunday between the hours of 12:30 p.m. and 12:00 a.m. in municipalities and counties that already allow Sunday alcohol sales. It further allows the governing authority of a county or municipality in which package sales of malt beverages, wine and/or distilled spirits by retailers are lawful to authorize such sales on Sundays from 12:30 p.m. until 11:30 p.m. if approved by referendum. This bill further outlines the process of authorizing Sunday sales which consists of:
- The governing authority providing a resolution or ordinance regarding its desire to permit and regulate Sunday sales. - Submitting the issue to the electors of that county or municipality for approval or rejection in accordance with Code Section 21-2540. - Declaring and certifying the result of the election to the Secretary of State. This bill specifies that the governing authority must seek authorization for Sunday sales of all alcoholic beverages that are lawful in that county or municipality and should not seek authorization of Sunday sales for only one type of alcoholic beverage. - Authored By: Sen. Renee S Unterman of the 45th - Committee Action: Do Pass by Committee Substitute
Transportation
SB 444 - Transportation Dept.; dispose of surplus property
- BILL SUMMARY: This legislation allows the Department of Transportation to more readily dispose of surplus property not needed for public road purposes.
If, after searching the land and probate records, the address of an interested party cannot be found, an affidavit will be placed in the department, county, or municipal records and will be accepted in lieu of service of notice. After completing and filing such an affidavit, the department, county, or municipality may dispose of the property in accordance with this legislation.
If the highest sealed bid received is less than, but within fifteen percent of the established market value, the department may accept that bid and convey the property in accordance with this legislation.
This Act becomes effective on July 1, 2008. - Authored By: Sen. Chip Pearson of the 51st - Committee Action: Do Pass by Committee Substitute

Transportation
SR 845 - County Governments; transportation improvement sales and use tax CA
- BILL SUMMARY: This resolution proposes a constitutional amendment to provide for a 1% local option sales and use tax to fund transportation projects and mass transportation networks. Establishes the tax on a joint county and municipal basis or on a regional basis. It offers procedures, conditions and limitations. The constitutional amendment will be placed on the ballot in November 2008 to be ratified or rejected by the people. - 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 MEETING SCHEDULE

7:30 AM 8:00 AM 8:00 AM 11:00 AM 8:00 AM 10:00 AM 9:00 AM 10:30 AM 9:30 AM 12:00 PM 9:30 AM 12:00 PM 9:30 AM 11:00 AM 10:00 AM 12:00 PM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 1:30 PM 4:00 PM 1:30 PM -

Thursday, March 13, 2008 Subcommittee of Science & Technology SCIENCE & TECHNOLOGY CONFERENCE COMMITTEE- HB 89 Appropriations Special Projects Subcommittee Children's Outpatient/Community Services Subcommittee Governor's Commission on Mental Health Subcommittee Appropriations General Subcommittee JUDICIARY NON-CIVIL Financial Institutions/Services & Regulations Oversight Subcommittee Appropriations Education Subcommittee JOINT EDUCATION Appropriations Human Resources Subcommittee

506 CLOB 506 CLOB 132 CAP CANCELED 406 CLOB 230 CAP 415 CLOB 606 CLOB 132 CAP 406 CLOB 403 CAP 406 CLOB 341 CAP

3:30 PM 2:30 PM 4:30 PM 3:00 PM 5:00 PM

ENERGY, UTILITIES & TELECOMMUNICATIONS JUDICIARY CIVIL

415 CLOB 132 CAP

* 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