Daily report [Mar. 31, 2008]

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

TOMORROW'S FORECAST
* The House will reconvene for its 38th Legislative Day on Tuesday, April 1, at 10:00 AM. * 23 bills are expected to be debated on the floor.

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DAILY REPORT

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MOTIONS TO INSIST
SB 145 - Crime and Sentencing; persons convicted of murder; imposition of life without parole
- BILL SUMMARY: SB 145 allows for the imposition of life without parole for a conviction of murder without requiring that the prosecutor seek the death penalty in order to impose the conviction of life without parole. - Authored By: Sen. Preston W. Smith of the 52nd - House Committee: Judiciary Non-Civil - A motion to insist sends this bill back to the Senate for consideration.
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 - A motion to insist sends this bill back to the Senate for consideration.
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 - A motion to insist sends this bill back to the Senate for consideration.

HB 1245 - Indigent defense; revise matters; senior judges; change certain provisions
- BILL SUMMARY: This legislation comes out of the Joint Study Committee on Indigent Defense chaired by Representative Ralston and Senator Seabaugh.
Sections 1-3 adds new language in title 15 related to appointment of Senior Judges to provide that Senior Judges will not be appointed to preside in criminal cases where the death penalty may be imposed. Sections 4-8 make it the responsibility of the Superior Court Clerk's Cooperative Authority to collect and disburse funds paid to the clerk of court and sheriff for indigent defense funding. o The funds currently go directly to the Georgia Public Defender Standards Council (GPDSC). Section 9 provides that when posting bail or bond the lesser of $100 or 10% of the amount of bail or bond will be added to the amount of bail/bond; current language is the lesser of $50.00 or 10% of the amount of bail. Section 10 provides that the sums collected from the bail add-ons will be paid over to the Superior Court Clerk's Cooperative Authority and 50% will be deposited into the general treasury and the other 50% will go to the county where collected if that county has a procedure to verity indigency; if there is no procedure for verifying indigency the total amount will go to the general treasury. Section 11 deletes existing language that provides that it is the intent of the General Assembly that certain funds are earmarked for the GPDSC. Section 12 provides that a defendant requesting indigent defense services will pay the $50 application fee unless there is a measurable hardship, and that if there is a hardship at the time services are requested the application fee will be paid as a condition of probation. This section also provides that the $50 application fee will be sent to the entity providing legal defense the intent is to send the entire $50 fee to the counties as long as that entity has a procedure in place for verifying indigency. If the county does not have a procedure in place for verifying indigency the $50 fee will be deposited into the state treasury. Section 13 provides that the indigency standard for those accused of a misdemeanor will be 100% of the federal poverty guidelines current law is 125% of the guidelines; this section also removes language referencing a "conflict defender office" so as to be consistent with other parts of the bill that change how conflict cases will be handled. Section 14 changes the make up of the GPDSC Council. Currently there are 11 members; this language would add an additional four (4) members for a total of 15. The new members would all be appointed by the Governor and will be elected county commissioners from different geographic regions of the state. County commission members will serve for four years, will be appointed in consultation with ACCG and will be eligible to serve only while holding elected office. Section 15 authorizes the state auditor to perform an annual audit which will include all expenditures made by GPDSC by revenue source, including each county governing authority's expenditures made for their indigent service expenses. Section 16 changes qualifications for the GPDSC Director, requiring seven years of experience in the practice of law current law requires three years. The Director will also provide assistance with death penalty cases and establish mental health and capital defender programs. This language change is necessary because the mental health and capital defender divisions are brought under the aegis of the GPDSC Director in other parts of the bill. This Section will also give the Director authority to evaluate the job performance of each Circuit Public Defender. Section 17 provides that GPDSC will account for all moneys received from the each governing authority Section 18 removes the requirement that GPDSC promulgate standards, instead requiring that they post proposed rules and regulations for review including the date on which the rule or regulation takes effect. Section 19 removes language to agree with other cross references in the bill Section 20 requires GPDSC to prepare an annual report of funds received and expended including money received from cities and counties as well as a three year cost projection and anticipated revenues. The Section also requires GPDSC Section 21 relates to the Legislative Oversight Committee. It removes language requiring the LOC to approve GPDSC standards and reduces the number of times per year that the LOC will meet from six to three. Section 22 changes language relating to the "selection panel," instead referring to the supervisory panel. This change is necessary for consistency with other parts of the bill. Section 23 changes language relating to the mental health division of GPDSC. The language changes are necessary to bring the mental health division under the aegis of the Director. Currently it is its own department. Sections 24-25 change language related to the capital defender program. o Section 24 moves current language to 17-12-12, but does not make substantive changes this is because the office is being moved under the aegis of the Director of GPDSC o Section 25 does make substantive changes:
When there is a conflict of interest in a capital case the Director will appoint counsel and contract with the attorney for payment, when feasible using a flat fee structure current law provides for the judge to appoint counsel and does not contain a fee structure;
The payments for capital cases will be split between the state and the counties with the state paying the first $150,000, the next $100,000 will be split between the state and the county 75%/25%, any fees in excess of $250,000 will be split by the state and county 50%/50%
The council will establish guidelines for expense requests for fees, expenses, expert witnesses, travel and accommodations and other costs Section 26 changes the make-up of the local supervisory panels.

o There will be four additional members appointed by the Governor who will be members of the governing authority of the county o A CPD may be removed without cause by a two-thirds vote of the Council o The supervisory panel will meet at least semiannually to review the performance of the circuit public defender; if the supervisory panel finds that the CPD is not performing up to standard it can adopt a resolution seeking review of their findings by the Council which will take action on the resolution within 15 days and will issue a final action within 60 days. Section 27 allows a CPD to go to another circuit for help in a conflict case. Section 28 requires that a defendant who requires the services of the public defender be seen by the PD within 72 hours (this is current law and was changed back to current law in committee) Section 29 provides that an indigent defense coordinator (see Section 39) will determine whether the detainee is an indigent person and eligible for services. Section 30 provides for salary and cost-of-living increases for public defenders Sections 31-32 remove language relating to the Council's budget and require the Council to submit a budget estimate to the director of OPB. Section 33 allows the local CPD office to employ additional staff if provided for by local law and funded by the county governing authority or authorities. Section 34 prevents a CPD or any assistant from also serving in any judicial office. Section 35 adds language related to rules and regulations to comport with other parts of the bill. Section 36 provides that alternative delivery systems will receive the same funds that opt-in circuits receive. Section 37 strikes language to comport with other parts of the bill. Section 38 makes stylistic changes to provisions regarding repayment of attorney's fees and removes language related to the intent of the General Assembly regarding availability of funds through the appropriations process. Section 39 provides that the counties will appoint a person to serve as indigent defense coordinator; it allows the counties to determine the scope of the position and to fund the position, and requires that the governing authority will advise the CPD office of each person who has applied for services within one business day of the application for services o This section also removes language related to the mental health and capital defender offices as that language has been moved to other parts of the Code (see Sections 23-25). - Authored By: Rep. David Ralston of the 7th - House Committee: Judiciary Non-Civil - A motion to insist sends this bill back to the Senate for consideration.
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 - A motion to insist sends this bill back to the Senate for consideration.
MOTIONS TO AGREE
HB 984 - Children's transition care centers; definitions; revise and add new
- BILL SUMMARY: This bill relates to children's transition care centers and defines them as a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to age 21, who are deemed clinically stable by a physician but dependent on life-sustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. These centers are designated sites that provide nursing care, clinical support services, and therapies for a period of one to 14 days for short-term stays and up to 12 months to facilitate transitions to a home or other appropriate setting. The centers may not serve more than 16 children at a time. Childrens transition care center services shall be available to all families in Georgia, including those whose care is paid for through the Department of Community Health or the Department of Human Resources or by insurance companies that cover home health care services or private duty nursing care in the home. - Authored By: Rep. Clay Cox of the 102nd - House Committee: Children & Youth - A motion to agree represents final passage of this bill.

HB 1044 - Adult day centers; licensure; respite care services programs; provisions
- BILL SUMMARY: Amends Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia. Allows respite care services to not be considered adult day care centers. Revises the definition of "Adult day center" to specifically exclude respite care services programs. Defines "Primary caregiver" as the one identified relative or other person in a relationship of responsibility who has assumed the primary responsibility for caring needed to maintain the health of an aging adult, who lives in the same residence, and who does not receive financial compensation for care provided. States that a primary caregiver can also be a health care agent.
Defines "Respite care Services program" as a program for aging adults who can function in a group setting and who can feed and toilet themselves with or without the assistance of a personal aide. This program is operated by a nonprofit organization; staffed primarily by volunteers; and has its sole purpose to provide primary care givers of aging adults with relief from normal care giving duties. - Authored By: Rep. Len Walker of the 107th - House Committee: Human Relations & Aging - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
MOTIONS TO DISAGREE
HB 1027 - Defensive driving courses; alcohol or drug programs; curriculum; provisions
- BILL SUMMARY: The purpose of HB 1027 is to authorize the Department of Driver's Services (DDS) to approve the Defensive Driving 6 hour course for on-line delivery. Further, it makes only DDS approved Defensive Driving and DUI Risk Reduction (20 hours) courses available for pre trial diversion and ticket dismissal. - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - A motion to disagree sends this bill back to the Senate for consideration.
RULES CALENDAR
SB 24 - Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties
- BILL SUMMARY: SB 24 would prohibit people from using the internet to "phish" for personal information by falsely representing themselves as a business. "Phishing" would be punished as a felony carrying a prison term of one to twenty years and a fine of $1000 up to $500,000 or both. The bill would not hold liable an employer whose employee "phishes" without the employer's knowledge or consent. The provisions of the bill would not apply to good faith transfers of information by internet companies or allow "phishers" to sue an internet company that provides information about the "phisher" to authorities. - Authored By: Sen. Cecil Staton of the 18th - House Committee: Judiciary Non-Civil - Rule: Open - Amendments(s): N/A - Yeas: 164; Nays: 0
SB 196 - Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms
- BILL SUMMARY: This legislation provides tuition scholarships for the children of persons killed or disabled as a result of combat wounds, who are enrolled as full or part time students in a unit of the University System of Georgia, the Georgia Department of Technical and Adult Education (DTAE) or an accredited private institution of higher learning approved by the Southern Association of Colleges and Secondary schools (SACS), providing the tuition does not exceed that of an approved school which is a unit of the University System or DTAE. Eligibility of Colleges and Secondary is contingent upon the child's legal guardian or parent being a legal resident of Georgia at the time that he or she sustained qualified

combat injuries. The student must also remain a legal Georgia citizen while receiving these funds and must be 25 years of age or younger. Qualifying combat related injuries are defined as those sustained as a member of the United States armed forces, the Georgia National Guard, or a reserve component of the armed forces of the United States in a location outside of the United States and its territories designated by the United States Department of Defense as a combat zone after September 11, 2001, which results in a death or a 50 percent or greater disability. Grant funding is limited to a maximum of four award years, equal to the total tuition charged to the student. This legislation also provides a tax exemption on funds from any SACS accredited university or K-12 school memorial fund, provided as compensation to a taxpayer following the death of a spouse employed by the university, or child of a taxpayer who is enrolled as a student at such university whose death was caused by a criminal at during that time. - Authored By: Sen. Kasim Reed of the 35th - House Committee: Appropriations - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 157; Nays: 0
SB 230 - State Personnel Board/Merit System; define classified/unclassified service
- BILL SUMMARY: This bill is a housekeeping bill for the Department of Administrative Services. It clarifies provisions relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Governmental Affairs - Rule: Open - Amendments(s): N/A - Yeas: 158; Nays: 0
SB 348 - Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy
- BILL SUMMARY: This bill provides that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy. - Authored By: Sen. Ralph T Hudgens of the 47th - House Committee: Insurance - Rule: Open - Amendments(s): N/A - Yeas: 160; Nays: 4
SB 417 - Transportation Commissioner; required to develop/publish benchmarks; issue reports on the progress of construction projects
- BILL SUMMARY: This bill would amend 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 develop and publish benchmarks that detail a realistic time frame for completion of each project. Such benchmarks would be base upon the type and scope of each project and would also include preliminary engineering and design. The Commissioner shall submit an annual report to the Governor, Lieutenant Governor, and the Speaker of the House detailing the progress of every project valued at $10 million or more against the benchmarks. The report shall include an analysis explaining the discrepancies between benchmarks and actual performance on each project as well as an explanation for delays. Along with the published report on the Department's website, there shall also be created and maintained a detailed status report on each project under planning and construction. Value engineering studies shall be performed on any project whose costs exceed $10 million and a report detailing the amount saved due to the studies. This report will also go to the Governor, Lieutenant Governor, and Speaker of the House. The effective date of this legislation would be July 1, 2008. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Transportation - Rule: Open - Amendments(s): N/A - Yeas: 160; Nays: 0

SB 434 - Retirement; Dept. of Adult and Technical Education to Technical College System of Georgia; change all references
- BILL SUMMARY: This bill replaces references to the "Department of Technical and Adult Education" with the "Technical College System of Georgia" in code sections relating to the Employees' Retirement System, Teachers' Retirement System, Public School Employees Retirement System. - Authored By: Sen. Seth Harp of the 29th - House Committee: Retirement - Rule: Open - Amendments(s): N/A - Yeas: 159; Nays: 0
SB 436 - Business Corporations; voting for directors in publicly traded corporations; change provisions
- BILL SUMMARY: SB 436 amends O.C.G.A. 14-2-728, et seq. concerning voting for directors of publicly traded corporations. A substitute has been prepared which adds HB 1359, sponsored by Rep. Matt Ramsey and approved by the Committee recently, to the bill. - Authored By: Sen. Bill Cowsert of the 46th - House Committee: Judiciary - Rule: Open - Amendments(s): N/A - Yeas: 160; Nays: 2
SB 466 - Water Resources; exempt permanent facility car washes from outdoor watering restrictions under certain conditions
- BILL SUMMARY: This bill exempts car washes from outdoor watering restrictions if it is connected to a sanitary sewer system of government authority or it recycles the used wash water. It also must meet regulations set forth by the Board of Natural Resources. The bills requires an annual certification and a $50 fee for the certification. - Also added by Senate as a floor amendment, before coming to the House, the bill states that the swimming pools be exempt if the failure to keep it maintained creates an unsafe situation for the public. - Authored By: Sen. John Bulloch of the 11th - House Committee: Natural Resources & Environment - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 161; Nays: 2
LOCAL CALENDAR
HB 1466 - Jasper County; board of commissioners; consolidate amendatory Acts into one Act
- BILL SUMMARY: A Bill to consolidate the Act which created the board of commissioners of Jasper County and amendatory Acts into one Act so as to modernize and update such it, and to reapportion the districts of the commission members. - Authored By: Rep. Jim Cole of the 125th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1468 - Monroe County Public Facilities Authority; create
- BILL SUMMARY: A Bill to create the Monroe County Public Facilities Authority and to provide for its powers and duties. - Authored By: Rep. Jim Cole of the 125th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1469 - Franklin Springs, City of; restate and reenact charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Franklin Springs. - Authored By: Rep. Alan Powell of the 29th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0

HB 1471 - Lamar County; Joint Board of Elections and Registration; revise composition of board
- BILL SUMMARY: A Bill to provide for the composition of the board, terms, powers, and duties of the Joint Board of Elections and Registration of Lamar County. - Authored By: Rep. David Knight of the 126th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1472 - Lamar County; Water and Sewer Authority; provisions
- BILL SUMMARY: A Bill to provide that one member of the Lamar County Board of Commissioners may be appointed to the Lamar County Water and Sewer Authority. - Authored By: Mr.. Billy Maddox of the 127th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1473 - Griffin, City of; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize the City of Griffin to exercise all redevelopment powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. David Knight of the 126th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1474 - Spalding County; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize Spalding County to exercise all redevelopment powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. David Knight of the 126th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1475 - Griffin-Spalding County; school district ad valorem tax; certain residents; provide homestead exemption
- BILL SUMMARY: A Bill to provide a two year phased-in homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes for residents 65 years of age or older. - Authored By: Rep. David Knight of the 126th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1476 - Waycross, City of; water and sewage and related service customers; provide certain receipts
- BILL SUMMARY: A Bill to provide that the City of Waycross shall provide receipts for water and sewage bill payments when requested, is authorized to levy late fees, and establishes conditions for disconnection and reconnection of water and sewage services. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: N/A; Nays: N/A

HB 1477 - Satilla Regional Water and Sewer Authority; member selection; revise
- BILL SUMMARY: A Bill to provide for the election of the members of Satilla Regional Water and Sewer Authority. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1478 - Ware County; Board of Education; provisions
- BILL SUMMARY: A Bill to provide that teachers and staff of the Ware County Board of Education may address or speak to the board during its meetings without obtaining approval from any supervisors or the superintendent. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1479 - Terrell County; Board of Education; increase compensation for board
- BILL SUMMARY: A Bill to provide compensation for the members of the Terrell County Board of Education. - Authored By: Rep. Bob Hanner of the 148th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1480 - Dodge County; board of commissioners; change terms of office
- BILL SUMMARY: A Bill to provide staggered terms of office for the members of the Dodge County Board of Commissioners. - Authored By: Rep. Jimmy Pruett of the 144th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1483 - City of Gainesville Community Improvement Districts Act of 2008; enact
- BILL SUMMARY: A Bill to authorize the creation of community improvement districts in the City of Gainesville. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1484 - Hall County Community Improvement District Act of 2008; enact
- BILL SUMMARY: A Bill to authorize the creation of community improvement districts in Hall County. - Authored By: Rep. James Mills of the 25th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1485 - Nashville, City of; mayor and city council members; provide new terms
- BILL SUMMARY: A Bill to provide an advisory referendum to provide staggered four year terms of office for the mayor and city council members of the City of Nashville. - Authored By: Rep. Penny Houston of the 170th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0

HB 1486 - Banks County Family Connection Commission; repeal Act
- BILL SUMMARY: A Bill to repeal the Banks County Family Connection Commission and to provide for its powers and duties. - Authored By: Rep. Jeanette Jamieson of the 28th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1487 - Henry County Development Authority Act; compensate authority members; provide alternative procedure
- BILL SUMMARY: A Bill to provide that the Henry County Board of Commissions shall set the compensation for the members of the Henry County Development Authority. - Authored By: Rep. John Lunsford of the 110th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
HB 1488 - Clarkston, City of; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize the City of Clarkston to exercise all redevelopment powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Karla Drenner of the 86th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 149; Nays: 0
*SB 393 and SB 406 were recommitted to the Committee on Rules
* The House will reconvene Tuesday, April 1, at 10:00 AM, for its 38th Legislative Day
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 38th Legislative Day, Tuesday, April 1, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
SB 33 - Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations
- BILL SUMMARY: SB 33 adds a new article to Title 38 which authorizes the Georgia Emergency Management Agency to create a building mapping information system. The system will include maps of government building to facilitate first responder efforts in case of a disaster, criminal act, or terrorist act. State and local agencies will get to decide whether to participate in the system. GEMA will provide safeguards to ensure that the maps will only be available to the agency whose building is mapped and first responders. Information provided to GEMA for the mapping system will not be subject to the open records act. The bill provides immunity for state and local agencies which participate in the mapping system. - Authored By: Sen. Ed Harbison of the 15th - House Committee: Judiciary - House Committee Passed: 3/18/2008 - Rule: Open
SB 55 - Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the road
- BILL SUMMARY: This bill provides that restaurants licensed to sell alcoholic beverages may permit consumers to remove a partially consumed and properly resealed bottle of wine from a restaurant. The following conditions apply:
Such bottle of wine must be purchased with a meal.

Only one resealed bottle per customer is allowed to be carried out. The bottle must be securely resealed by a restaurant employee and placed in a bag or a container with a security seal. The customer may then place the bottle in the locked glove compartment, trunk or the area behind the last seat of one's car if the vehicle does not have a trunk. This legislation also provides that such a resealed bottle of wine will not be considered an open alcoholic beverage for purposes of this prohibition. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Regulated Industries - House Committee Passed: 3/20/2008 - Rule: Modified-Structured
SB 130 - Georgia Building Authority; general provisions; operational powers
- BILL SUMMARY: A bill that deletes statutory language that created the following entities: Georgia Building Authority (Markets), Georgia Building Authority (Penal), and the Georgia Building Authority (Hospitals), collectively referred to herein as the "GBA small authorities". O These small authorities were once used to finance that construction or renovation of various buildings for the Department of Agriculture, the Department of Corrections, and the Department of Human Resources. o Theses authorities have engaged in very little activity within the past few years. O The use of general obligation bonds to fund construction and renovation has made the primary purpose of the small authorities obsolete. O The small authorities' funds are now depleted and continued existence of these authorities will require the Georgia Building Authority to use its own funds to ensure completion of the audits if these small authorities continue to exist. O All assets (real and personal property) of the small authorities will be transferred to the Georgia Building Authority.
This bill also deletes statutory language that created the Agency for Removal of Hazardous Materials, also known as AFROHM. O AFROHM has been use as the agency in state government primarily responsible for the abatement and removal of asbestos from state buildings. O AFROHM's activities are decreasing. In fact, upon completion of the renovation of the Health Building, all abatement work on Capitol Hill will be complete. O Currently, the Georgia Building Authority subsidizes staffing and other administrative costs of the AFROHM's operations. If the agency is allowed to continue to exist, those expenses will continue to be borne by Georgia Building Authority. O All assets (real and personal property) of AFROHM will be transferred to the Georgia Building Authority. - Authored By: Sen. Johnny Grant of the 25th - House Committee: State Institutions & Property - House Committee Passed: 3/19/2008 - Rule: Open
SB 154 - Municipal Corporations; agreements with solid waste collection firms; territory annexed/incorporated
- BILL SUMMARY: SB 154 proposes to add a new code section to Title 36, Chapter 30 to limit local governments' ability to displace a solid waste collection firm from collecting solid waste, for commercial contracts only, within the jurisdiction. A substitute has set as 12 months or the remaining term of the solid waste contract as the minimum amount of time that the solid waste firm will be able to continue to operate when a local government displaces the solid waste collection firm, for commercial contracts only. - Authored By: Sen. Jack Murphy of the 27th - House Committee: Judiciary - House Committee Passed: 3/25/2008 - Rule: Open
SB 213 - Insurance Commissioner; waive retaliatory obligations, prohibitions or restrictions under certain circumstances; provide exceptions
- BILL SUMMARY: This bill would allow the Commissioner to waive certain retaliatory obligations, prohibitions, or restrictions that would prohibit entry into Georgia of any insurer domiciled in another state if, in his discretion, the entry of such insurer would be expected to enhance competition in this state and would be in the best interest of the citizens of this state. - Authored By: Sen. David Shafer of the 48th - House Committee: Insurance - House Committee Passed: 3/20/2008 - Rule: Open

SB 300 - Transparency in Government Act; Dept. of Audits/Accounts; creation/maintenance of certain state expenditure information
- BILL SUMMARY: SB 300 provides for the creation of a free, publicly accessible website which provides state expenditure information. The Committee Substitute adds all of the provisions from HB 91, which was passed by the House last year, vetoed by the Governor, and overridden in January, adding state authorities to the entities required to report. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Science and Technology - House Committee Passed: 3/26/2008 - Rule: Modified-Structured
SB 355 - Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions
- BILL SUMMARY: HB 918, sponsored by Rep. Roger Lane, and SB 355, propose to amend O.C.G.A. 44-14-13, which governs the form of funds to be provided at a real estate closing. Subcommittee Two amended and approved SB 355, as indicated in the Committee Substitute. The Substitute eliminates a number of categories of paper checks or instruments which can be used at a closing, and designates (1) cashier's checks issued by a bank for the purpose of a closing; (2) law firm or real estate broker escrow account checks, (3) government checks, or (4) checks for $5,000.00 or less as the only exceptions to "collected funds" at a closing. Therefore, wired funds are strongly encouraged by the bill. Subsection (d) of the Substitute also contains a provision requested by Rep. Larry O'Neal for the purpose of federal Truth in Lending Act compliance. - Authored By: Sen. Preston W. Smith of the 52nd - House Committee: Judiciary - House Committee Passed: 2/14/2008 - Rule: Open
SB 363 - Dentists/Dental Hygienists; provide advanced dental education programs; revisions
- BILL SUMMARY: This bill would alter the statutes governing the practice and education of dentistry and dental hygiene by allowing for dental professionals who have undergone specified appropriate levels of training in "Advanced dental education programs" to practice dentistry. Advanced dental education program means an accredited dental advanced specialty education program or accredited dental education program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. - Authored By: Sen. Lee Hawkins of the 49th - House Committee: Health & Human Services - House Committee Passed: 3/18/2008 - Rule: Open
SB 366 - Inmates; telecommunications devices; prohibit receiving/possessing; provide definition
- BILL SUMMARY: This legislation amends Code Section 42-5-18 of the O.C.G.A, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent. It prohibits inmates from receiving or possessing telecommunication devices. It will establish that providing a telecommunication device by an inmate shall be a felony. It provides for a misdemeanor penalty under certain circumstances. It provides for definitions, adds penalties for violations of the provisions. It amends Code Section 42-5-19 of the O.C.G.A, relating to penalties for violating Code Section 42-5-16, 42-5-17, and 42-5-18. Code Section 42-5-18 of the O.C.G.A is revised relating to giving weapons, intoxicants, drugs, or other items without the consent of the warden or superintendent. Code Section 42-5-19 of the O.C.G.A is amended relating to the penalties for violating Code Sections 42-5-16, 42-5-17, and 42-5-18. - Authored By: Sen. Johnny Grant of the 25th - House Committee: State Institutions & Property - House Committee Passed: 3/19/2008 - Rule: Open
SB 383 - Ga. Affordable HSA Eligible High Deductible Health Plan; Insurance Commissioner; adopt policies to promote, approve, and encourage
- BILL SUMMARY: Commissioner of Insurance will be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses for sale in connection with or packaged with individual health insurance policies. Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Insurance - House Committee Passed: 3/20/2008 - Rule: Open

SB 396 - Administrative Services Dept.; remove/transfer functions; Council of Superior Court Judges of Ga., Prosecuting Attorneys' Council
- BILL SUMMARY: SB 396 removes all functions of the Department of Administrative Services relating to the Superior Court Judges and Prosecuting Attorneys Council and transfers them to the Council of Superior Court Judges and the Prosecuting Attorneys Council. - Authored By: Sen. William Hamrick of the 30th - House Committee: Judiciary - House Committee Passed: 3/25/2008 - Rule: Open
SB 398 - Powder Springs, City; provide for mayor's or city councilmembers terms and qualifications for office
- BILL SUMMARY: A Bill to delete metes and bounds descriptions of the districts of the members of the Powder Springs City Council so as to use references to newer, updated language that shall be found on record at City Hall, and, to provide for elections, terms of office, and qualifications. - Authored By: Sen. Steve Thompson of the 33rd - House Committee: Intragovernmental Coordination - House Committee Passed: 3/28/2008 - Rule: Modified-Structured
SB 405 - Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift
- BILL SUMMARY: This bill would streamline the organ gifting process in Georgia by replacing the "Georgia Anatomical Gift Act" with the "Georgia Revised Uniform Anatomical Gift Act" in OCGA 44-5 Article 6. The measure seeks to bring Georgia statutes in harmony with other states, as transplantation organizations are attempting to create harmonized anatomical gift regulations across all the states. The bill would create uniform standards for the registry, assent, collection, and usage of anatomical gifts, in order to increase the number of collected anatomical gifts, and to make it more difficult for anatomical gifting decisions to be reversed after the donor has deceased. - Authored By: Sen. Don Balfour of the 9th - House Committee: Health & Human Services - House Committee Passed: 3/26/2008 - Rule: Open
SB 418 - Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification
- BILL SUMMARY: This bill prohibits the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards. - Authored By: Sen. Don Balfour of the 9th - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 2/26/2008 - Rule: Modified-Structured
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

SB 453 - Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes
- BILL SUMMARY: Adds state parks to the list of areas where drug dealing or manufacturing within 1000 feet is punished with enhanced penalties.
Currently dealing or manufacturing drugs within 1000 feet of real property set aside as a park or playground by a municipality or county carries enhanced penalties (First: felony up to 20 years; Second: felony 5 to 40 years; served consecutively and will not merge) but state parks are not on that list. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Judiciary Non-Civil - House Committee Passed: 3/26/2008 - Rule: Open
SB 458 - Education; require local school systems and schools to be accredited; provide for definitions
- BILL SUMMARY: SB 458 amends Title 20 to require that local systems are accredited and, provides that if a school or school system loses, or fails to attain its accreditation, students are entitled to attend another public school or a scholarship to a private school. The same provisions will be available to students of schools designated as Needs Improvement Schools for seven consecutive years. - Authored By: Sen. Eric Johnson of the 1st - House Committee: Science and Technology - House Committee Passed: 3/26/2008 - Rule: Modified-Structured
SB 469 - Health; revise definition for personal care home; provide guidelines/oversight of host homes
- BILL SUMMARY: Revises definition of "personal care home" to exclude host homes. Defines a "host home" as a private residence e in a residential area in which the occupant owner provides housing and provides care to one or two persons who are not related to the owner. Provides for oversight over personal care homes. - Authored By: Sen. Seth Harp of the 29th - House Committee: Human Relations & Aging - House Committee Passed: 3/27/2008 - Rule: Open
SB 471 - Insurance; provide regulator financial examinations of domestic insurers every five years
- BILL SUMMARY: This bill provides for regulator financial examinations of domestic insurers every five years; provides for the confidentiality of examination work papers; provides for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions. - Authored By: Sen. Ralph T Hudgens of the 47th - House Committee: Insurance - House Committee Passed: 3/20/2008 - Rule: Open
SB 507 - Public Assistance; basic therapy services for children with disabilities; establish requirements; definitions
- BILL SUMMARY: The intent of this bill is to ensure that children with disabilities receive the medically necessary therapy services to which they are entitled under the Medicaid Early Periodic Screening, Diagnostic, and Treatment Program (EPSDT); and that categorically needy and medically fragile children will have available to them the same scope, duration, and amount of services. Additionally, the bill would simplify the process and paperwork by which occupational, speech, and physical therapy services are applied for and received by eligible families. Specifically, the measure would require that the Department, the Care Management Organizations, and the Utilization Review Vendors must develop consistent requirements for utilization review and prior approval of physical occupational, or speech language pathologist services prescribed for children. The prior approval period has a designated duration of six months. If prior approval is denied, the Department must provide to the family the following information: (1) The medical procedure or service for which such entity is refusing to grant prior approval;(2) Any additional information needed from the recipient's medical provider which could change the decision of such entity; and (3) The specific reason used by the entity to determine that the procedure is not medically necessary to the Medicaid recipient. Denials of prior approval must be evaluated under the EPSDT program within 15 days. The bill also waives any other evaluative method by which the Department or the Care Management Organization might deny prior approval to any service deemed medically necessary, excepting the EPSDT program standards.

- Authored By: Sen. Dan Moody of the 56th - House Committee: Health & Human Services - House Committee Passed: 3/26/2008 - Rule: Open
SB 508 - Probate Courts; update/change provisions
- BILL SUMMARY: SB 508 amends a number of code section concerning probate courts. Section changes the term "guardian of the property" to "conservator." Section 2 changes the terms executor and administrator to conservator and personal representative. Section 3 changes the terms of court for Probate Courts. Section 4 amends the guidelines for the Probate Judges Training Council. Section 5 adds the direction and construction of wills to the concurrent jurisdiction of the Probate and Superior Courts. Section 6 amends the code section concerning the settlement of minors' claims. Section 7 addresses the sealing of guardian and conservator files. Section 8 adds a requirement to file a notice in counties in which real property is located, if no administration is necessary. Section 9 strikes a petition for year's support as a trigger for a five-year statute of limitations for offering a will for probate. - Authored By: Sen. Michael Meyer von Bremen of the 12th - House Committee: Judiciary - House Committee Passed: 3/18/2008 - Rule: Open
SB 517 - Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees
- BILL SUMMARY: SB 517 provides for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Motor Vehicles - House Committee Passed: 3/20/2008 - Rule: Modified-Structured
SB 531 - Foreclosure; conduct by the current owner/holder of mortgage; require
- BILL SUMMARY: SB 531 amends O.C.G.A. 44-14-162 and 44-14-162.2's foreclosure provisions. Section 1 requires assignments to be filed prior to the foreclosure sale. Section 2 requires a foreclosure notice to be sent to the debtor 30 days or more prior to the foreclosure sale; current law provides for 15 days' notice. Section 2 requires the notice to include the name, address, and telephone number of the individual or entity having full authority to negotiate, amend, and modify the terms of the loan, but also makes it clear that lenders have no obligation to negotiate, amend, or modify the terms of a loan. - Authored By: Sen. William Hamrick of the 30th - House Committee: Judiciary - House Committee Passed: 3/27/2008 - Rule: Open
* The Rules Committee will next meet on Tuesday, April 1, at 9:00 AM, to set the Rules Calendar for the 39th Legislative Day.
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COMMITTEE ACTION REPORT
Energy, Utilities & Telecommunications
SB 379 - Automatic Dialing/Recorded Message; prohibit use; provide exceptions; definitions; disclosure of information by live operations
- BILL SUMMARY: This legislation amends Code Section 46-5-1 relating to the power of eminent domain by telephone and telegraph companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies for damages.
A municipal authority or county cannot: Require any telephone company to apply for or enter into an agreement with such municipal authority or county; Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads, highways, or rights of way; or Impose any build-out requirements on network construction or service deployment.

Any telephone company that places or seeks to place lines and facilities in the public roads, highways, and rights of way of a municipal authority must provide the following information: the name, address, and telephone number of a principal office or local agent; proof of certification; proof of insurance or self-insurance; a description of the telephone company's service area; a description of the services to be provided; and an affirmative declaration that the telephone company shall comply with all laws, regulations, and ordinances. Due compensation must be paid for public roads, highways, and rights of way where the telephone company places or seeks to place lines and facilities.
There are further limitations regarding due compensation, permit procedures and fees, and liability. - Authored By: Sen. Eric Johnson of the 1st - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
SB 264 - Elections/Primaries; qualify for a party's nomination/run for public office; provide certain requirements
- BILL SUMMARY: This bill provides that an individual that was sentenced to incarceration for more than 30 days in a proceeding resulting in a dishonorable or bad conduct military discharge shall not be qualified for public office. - Authored By: Sen. John J. Wiles of the 37th - Committee Action: Do Pass by Committee Substitute
Insurance
SB 109 - Insurance; definitions; include plan administrators in prompt pay requirements
- BILL SUMMARY: This bill reauthorizes the Georgia Health Insurance Risk Pool. - Authored By: Sen. Ralph T Hudgens of the 47th - Committee Action: Do Pass by Committee Substitute
Insurance
SB 153 - Georgia Consumer Driven Health Insurance Plan; provide for development of plans by the Commissioner of Insurance
- BILL SUMMARY: SB 153 changes provisions relating to corporate owned life insurance. Current law requires at least one hundred employees to participate in order for a policy to be bought. This bill will lower that threshold to two employees. - Authored By: Sen. Judson Hill of the 32nd - Committee Action: Do Pass by Committee Substitute
Insurance
SB 504 - Insurance; religious nonprofit organization; health care cost sharing arrangement with its members; definitions
- BILL SUMMARY: SB 504 provides that a religious nonprofit organization which enters into a health care cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such. - Authored By: Sen. Judson Hill of the 32nd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1416 - Fayette County State Court; judge; change qualifications and compensation
- BILL SUMMARY: A Bill to provide compensation for the judge and solicitor of the State Court of Fayette, to change statutory requirements relating to a jury trial, and to establish qualifications for the judge. - Authored By: . Matt Ramsey of the 72nd - Committee Action: Do Pass by Committee Substitute

Intragovernmental Coordination - Local
SB 486 - Glynn County School District Ad Valorem Taxes; provide homestead exemption for educational purposes
- BILL SUMMARY: A Bill to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $40,000.00. - Authored By: Sen. Jeff Chapman of the 3rd - Committee Action: Do Pass
Judiciary Non-Civil
SB 413 - Boxing, Wrestling, Martial Arts; licensure/regulation; substantially/comprehensively revise provisions
- BILL SUMMARY: The bill comes from the Office of the Secretary of State and will regulate boxing, mixed martial arts and professional wrestling.
The intent of the bill is to correct vague, ambiguous and confusing language in the current regulations regarding the Georgia Athletic and Entertainment Commission.
The bill revises and improves licensing of amateur organizations and defines the duties of the Executive Director of GAEC.
It removes the 5% Pay-Per-View tax for boxing, MMA and professional wrestling and requires promoters to have a surety bond at a nominal cost to ensure participants, the venue and any other interests are paid.
It provides reasons for which an application for licensure may be denied and requires minimum health and life insurance for participants as well as requiring limited blood testing for boxers and mixed martial artists.
The bill requires that professional wrestlers be licensed, be over 18 years of age and have passed an annual physical exam. It removes the 5% gate tax for professional wrestling and created tiered licensing fees to help smaller, independent operators.
Professional wrestling promoters will be required to be licensed and file event reports. Wrestlers, like boxers and mixed martial artists will be required to submit blood tests to show that they are free of communicable blood diseases if they bleed in the ring.
In wrestling matches with greater than 1000 spectators regulators will not be allowed to be in locker rooms while performers are dressing, showering or preparing for a performance and must leave one hour before the performance begins. - Authored By: Sen. Eric Johnson of the 1st - Committee Action: Do Pass by Committee Substitute
Regulated Industries
SB 178 - Pharmacy, State Board of; mails/common carriers; prescription drug; shall not be grounds for sanctioning license of pharmacist
- BILL SUMMARY: This bill allows the sale, distribution and delivery of prescription drugs under certain circumstances to patients, their guardians or physicians by mail or career services. Some of the circumstances in which this service is allowed involve: Prescription drugs for complex, terminal or rare conditions, Prescription drugs that require special administration, patient training, or safety monitoring requirements, Special packaging and shipping requirements or temperature sensitive storage and handling, Drugs that are not generally carried by regular retail pharmacies, Prescription drugs that have a yearly retail value to the patient of more than $6,000, The patient's consent to the delivery of the prescription drugs by the expedited overnight career to the specialty pharmacy to be accepted on patient's behalf.
This bill also requires the specialty pharmacies to properly utilize temperature tags, time temperature strips and insulated packaging as well as to establish and notify the patient or the appropriate party of the policies and procedures that address problems with delivery of drugs and consequent provisions of such medications. - Authored By: Sen. Don Balfour of the 9th - Committee Action: Do Pass by Committee Substitute

Regulated Industries
SB 424 - Barber; obtaining license to practice; change certain requirements; provisions; provide exceptions
- BILL SUMMARY: This bill amends provisions of Code Sections 43-7-12 and 43-7-16 relating to barbering. This legislation takes out provisions limiting the number of apprentices allowed to be trained by barbershops and allows barbershops to train and utilize apprentices in accordance with the requirements of the board. In addition, it requires the applicant for a license to practice barbering as an apprentice to be at least 16 years old. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass
Retirement
SB 327 - Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations
- BILL SUMMARY: This bill allows public school systems to employ a retired classroom teacher as a full time teacher, principal, superintendent, media specialist, or counselor with an exception that a retired principal may not be employed as a principal in the same school in which he or she worked prior to retirement and a retired superintendent may not be employed by the same school system in which he or she worked prior to retirement. This legislation provides that members of the Teachers Retirement System who are retired on a normal service retirement for at least 12 months and who return to work will continue receiving benefits. A normal service retirement means retirement at or after the age of 60 with at least ten years of creditable service or retirement with 30 years of creditable service regardless of age. However, such members will not receive any further creditable service for such employment and will be considered by the retirement system solely as a beneficiary. A public school system employing such a retired teacher will have to pay all employer and employee contributions to the retirement system.
This Act will become effective on July 1, 2008 if it is determined to have been concurrently funded. The provisions of this Code Section will be repealed on June 30, 2016. - Authored By: Sen. Bill Heath of the 31st - Committee Action: Do Pass by Committee Substitute
Special Committee on Certificate of Need
SB 433 - State Health Planning; provide destination cancer hospitals are subject to certificate of need requirements; provide for penalties
- BILL SUMMARY: This bill represents the culmination of four years of work on the issue of Certificate of Need reform. As such, SB 433 is an effective CON reform omnibus, incorporating elements of every other individual attempt at reform (short of repeal). Among other myriad changes included in the CON program, the bill's major elements are provisions relating to "destination cancer hospitals", general surgery as a single specialty, letters of non-reviewability, continuing care retirement communities, nursing homes, ambulatory surgical centers, the CON application & appeals process, reviewability thresholds, freestanding imaging centers, and the Health Strategies (Advisory) Council. - The bill is designed as a compromise measure agreed to by most significant stakeholders, and worked out among legislators who had authored and carried CON legislation with a narrower focus. SB 433 includes the unanimous and majority recommendations of the Commission on the Efficacy of Certificate of Need. - SB 433 would allow for "destination cancer hospitals" provided that the hospital in question maintains specified levels of Medicaid/Indigent care as well as a patient mix that is certified under penalty of perjury to be in excess of 65% from out-of-state. - SB 433 would define general surgery as a single specialty for the purposes of CON and applications for a letter of non-reviewability. This definition also includes ophthalmologists and physiatrists. The capital and equipment spending thresholds that trigger CON review are raised to $2.5 million and $1 million respectively, as applied to single specialty freestanding ambulatory surgery centers. The bill also allows for the creation of joint venture surgery centers that are owned by hospitals and physicians. - SB 433 includes language concerning "sheltered beds" in continuing care retirement communities and allowing for leeway in filling the sheltered beds during the first five years of the operation of the CCRC. The bill includes language relating to the division of nursing home facilities, allowing a nursing home to relocate within a given county without having to apply for another CON, even if the facility is split into two units. - The bill also alters the calculation of need methodologies, allows for the revocation or partial revocation of a CON, instructs the Department on new need criteria, defines urban versus rural settings for the purposes of health planning, transfers the licensing of certain health care facilities from the Department of Human Resources to the Department of Community Health, and reforms the CON application, review, and appeals process in order to make the CON application quicker, less costly, and less frivolously litigious, while still servicing justifiable claims and appeals against the rulings of the Department. - Authored By: Sen. Tommie Williams of the 19th - Committee Action: Do Pass by Committee Substitute

Special Rules
SB 191 - Buildings; prohibit the naming of any public building for Sen. Robert Brown
- BILL SUMMARY: Creates a "State Memorial Registry" which is operated and maintained by the Secretary of State. The registry will contain names of persons who voluntarily request no public building, site, structure, road, highway, street, intersection, bridge, or other public property be named after them. - Authored By: Sen. Robert Brown of the 26th - Committee Action: Tabled
State Institutions & Property
SR 1012 - Public Property; conveyance; 10 counties
- BILL SUMMARY: This resolution authorizes the conveyance of certain state owned real property located in Bartow County, Georgia. It authorizes the conveyance by exchange of certain state owned real property in Brantley County, Georgia. It authorizes the conveyance of certain state owned real property located in Bulloch County, Georgia. It authorizes the conveyance of certain state owned real property located in Cherokee County, Georgia. It authorizes the leasing of and a separate easement on certain state owned real property located in Douglas County, Georgia. It authorizes the leasing of certain state owned real property located in Fulton County, Georgia. It authorizes the leasing of certain state owned real property located in Jefferson County, Georgia. It authorizes the conveyance of certain state owned property in Jefferson County, Georgia. It authorizes the conveyance of certain state owned property in Lowndes County, Georgia. It authorizes the conveyance of certain state owned property in Mitchell County, Georgia. Also, the resolution authorizes the conveyance of certain state owned real property located in Catoosa County, Georgia; authorizes the conveyance of certain state owned real property located in Chatham County, Georgia; authorizes the conveyance of certain state owned real property located in Cobb County, Georgia; authorizes the conveyance of certain state owned property located in Dougherty County, Georgia; authorizes the leasing of and a separate easement on certain state owned real property located in Effingham County, Georgia; authorizes the conveyance of certain state owned real property located in Seminole County, Georgia; authorizes the conveyance of certain state owned real property located in Tattanall County, Georgia; authorizes the conveyance of and granting easements and restrictive covenants over certain state owned real property located in Troup County, Georgia. - Authored By: Sen. Johnny Grant of the 25th - 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

8:30 AM - 9:30 AM 9:00 AM - 10:00 AM 9:00 AM - 10:00 AM 9:00 AM - 10:00 AM

Tuesday, April 01, 2008 CHILDREN & YOUTH RULES SPECIAL RULES MOTOR VEHICLES

133 CAP 341 CAP 415 CLOB 406 CLOB

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