MEMBER SERVICES Coverdell Legislative Office Bldg. Suite 609 Phone: (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 28th Legislative Day on Wednesday, March 5, at 10:00 AM. * 25 bills are expected to be debated on the floor. GGEEOORRGGIIAAHHOOUUSSEE OOFF RREEPPRREESSEENNTTAATTIIVVEESS DAILY REPORT TTuueessddaayy,, MMaarrcchh 0044,, 22000088 TODAY ON THE FLOOR 2277tthh LLeeggiissllaattiivvee DDaayy RULES CALENDAR HB 521 - Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide - BILL SUMMARY: This bill adds a new Code Section 47-2-101, which revises provisions related to creditable service for members of the Employees' Retirement System. It allows any member to obtain creditable service for prior service as an active member of the Georgia Judicial Retirement System or a predecessor retirement system. Any member wishing to obtain such creditable service must notify the board of trustees of the ERS by December 31, 2008 or within 90 days after becoming a member, whichever is later. Upon notification, the board of trustees of JRS must transfer all employee and employer contributions paid by or on behalf of the employee, with regular interest. Members who withdrew their contributions from the JRS or a predecessor retirement system may repay their employee contributions, with interest to the ERS. After the notification that the member has repaid the required employee contributions with interest, the JRS will transfer the corresponding employer contributions with interest. Upon receiving all employee and employer contributions with interest, the ERS will credit the member with the actual prior service as an active member of the JRS or a predecessor retirement system. - Authored By: Rep. Ben Harbin of the 118th - House Committee: Retirement - Rule: Open - Amendments(s): N/A - Yeas: 155; Nays: 0 HB 639 - Employees' Retirement System; certain state patrol members; contributions; provisions - BILL SUMMARY: This bill extends the retirement age of 55 to persons employed by the State Board of Pardons and Paroles, provided these persons are POST certified, i.e., parole officers. - Authored By: Rep. Chuck Sims of the 169th - House Committee: Retirement - Rule: Open - Amendments(s): N/A - Yeas: 156; Nays: 0 HB 1116 - Probation Management Act of 2004; modify certain provisions - BILL SUMMARY: This bill amends Article 3 of Chapter 5 of Title 42 of the O.C.G.A relating to the conditions of detention, so as to increase the minimum reimbursement rate paid to counties for housing state inmates; to change certain provisions relating to transmittal of information on convicted persons and place of detention; to change the provisions that allow convicted persons to remain in local jails under certain circumstances. This bill also amends Article 9 of Chapter 8 of Title 42 of the O.C.G.A relating to probation management. It will modify provisions relating to the "Probation Management Act of 2004". The amending includes Code Sections 42-8-153; 42-8154; 42-8-155; 42-8-156; 42-8-158; and 42-8-160. The amending in Code Section 42-8-153, relates to administrative sanctions as an alternative to judicial modification or revocation of probation. The amending in Code Section 42-8-154, relates to preliminary hearings. Hearings regarding violations will be amended in subsection (f) of Code Section 42-5-155. Further amending in Code Section 42-8-156, relates to the finality of the hearing officer's decision. The amending in Code Section 42-8-158, relates to the application of the article only in counties with certified options system day reporting centers. The last part of the article if further amended by repealing Code Section 42-8-160 that relates to the repeal of the article which will read: "42-8-160. this article shall be repealed in its entirety on June 30, 2008". - Authored By: Rep. Terry Barnard of the 166th - House Committee: State Institutions & Property - Rule: Modified-Structured - Amendments(s): Barnard Keen Amendment 35 0086 - Yeas: 132; Nays: 0 HB 1132 - Uniform Environmental Covenants Act; enact - BILL SUMMARY: The Substitute to HB 1132 enacts the Uniform Environmental Covenants Act, which allows the owner of a contaminated property to record a restrictive covenant which the Georgia EPD signs off on, which outlines the remediation requirements for the property. The covenants would allow a property owner to sell contaminated property with more certainty about which party is responsible for future environmental cleanup efforts. Whether to enter into the environmental covenant would be a completely voluntary decision on the part of the property owner; the Act provides a potential tool for owners of contaminated property to use to make their property marketable. HB 1132 has been amended to grant standing to abutting landowners to enforce the covenants. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Judiciary - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 151; Nays: 0 HB 1186 - Subsequent Injury Trust Fund; assessment payments; change certain provisions - BILL SUMMARY: Amends 9-9-34 O.C.G.A dealing with the Subsequent Injury Trust Fund to provide that: Each insurer and self-insurer under the chapter shall operate under regulations prescribed by the board of trustees. Each insurer and self-insurer shall make payments to the fund in an amount equal to that portion of 175 percent of the total disbursement made during the previous calendar year (unless the amount of the net assets in the fund as of Dec. 31 of the preceding calendar year bears to the total workers' compensation claims paid by all insurer/self-insurers). Each insurer and self-insurer shall make payments to the fund according the mandates of the board. Payments may supersede that portion of 175 percent of the total disbursement if the board deems it necessary to maintain the fund's obligations under this chapter. The administrator can reduce or suspend assessments for the fund when an actuarial survey shows more assessments unnecessary. An employer who stops being a self-insurer before the end of the calendar year is liable to the fund for the calendar year. He shall also be liable for future calendar years so long as payments are made on worker compensation claims are made while in self-insured status. The initial assessment for the purpose of generating revenue to begin operation shall be in the amount of one-half of 1 percent of the workers' compensation premiums collected by the insurers for the preceding calendar years. - Authored By: Rep. Mike Coan of the 101st - House Committee: Insurance - Rule: Open - Amendments(s): N/A - Yeas: 154; Nays: 0 HB 1186 - Subsequent Injury Trust Fund; assessment payments; change certain provisions - BILL SUMMARY: Amends 9-9-34 O.C.G.A dealing with the Subsequent Injury Trust Fund to provide that: Each insurer and self-insurer under the chapter shall operate under regulations prescribed by the board of trustees. Each insurer and self-insurer shall make payments to the fund in an amount equal to that portion of 175 percent of the total disbursement made during the previous calendar year (unless the amount of the net assets in the fund as of Dec. 31 of the preceding calendar year bears to the total workers' compensation claims paid by all insurer/self-insurers). Each insurer and self-insurer shall make payments to the fund according the mandates of the board. Payments may supersede that portion of 175 percent of the total disbursement if the board deems it necessary to maintain the fund's obligations under this chapter. The administrator can reduce or suspend assessments for the fund when an actuarial survey shows more assessments unnecessary. An employer who stops being a self-insurer before the end of the calendar year is liable to the fund for the calendar year. He shall also be liable for future calendar years so long as payments are made on worker compensation claims are made while in self-insured status. The initial assessment for the purpose of generating revenue to begin operation shall be in the amount of one-half of 1 percent of the workers' compensation premiums collected by the insurers for the preceding calendar years. - Authored By: Rep. Mike Coan of the 101st - House Committee: Industrial Relations - Rule: Open - Amendments(s): N/A - Yeas: 154; Nays: 0 HB 1189 - Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require - BILL SUMMARY: This legislation amends Chapter 2 of Title 32 by adding a new Code section 32-2-41.1. This new Code section would require the DOT Commissioner to annually prepare a report for the Governor, Lieutenant Governor, Speaker of the House, and the Chairpersons of the House and Senate Transportation committees. This report shall detail the progress the Department has made on preparing the State-wide Strategic Transportation Plan. A draft of the plan shall be delivered to the members of the General Assembly for comments and suggestions on or before December 31, 2008. The plan shall include a list of projects realistically expected to begin in the next 5 years, the cost of those projects, and the source of the funds for those projects. The final version of the State-wide Strategic Transportation Plan shall be completed by May 1, 2009. The plan shall also be published on the Department's website. - Authored By: Rep. Donna Sheldon of the 105th - House Committee: Transportation - Rule: Open - Amendments(s): Sheldon Amendment 34 0212 - Yeas: 160; Nays: 0 HB 1226 - Water resources; water supply; extensively revise certain provisions - BILL SUMMARY: The purpose of the Georgia Water Supply Act of 2008 is to establish a new reservoir program that addresses past impediments to progress in developing an adequate reservoir system. The following are key features of this bill: 1. Creation of a Division of Water Resources at the Georgia Environmental Facilities Authority, to have the primary responsibility for implementing the Water Supply Act 2. Creation of a Water Supply Division of the Department of Natural Resources to cooperate with GEFA in administering the Act. The divisions will share a single director. 3. Authorizing and funding state assumption of local and regional Federal 404 permitting efforts. 4. Creation of a Georgia Reservoir Fund to fund water supply efforts. 5. Focus on private contracting to speed the permitting process and minimize personnel costs. 6. Tax Credits for water-saving technology, that may be flexibly funded through the Reservoir Fund. 7. Funding for water conservation projects such as extending water and sewer lines to "septic-tank subdivisions." This legislation puts responsibility for reservoir development in a division with a single, dedicated purpose, under the general oversight of GEFA and its board. The Reservoir Fund allows for the commitment of long-term funding to reservoir purposes. Conservation is promoted by reducing the cost of water-saving devices through substantial tax credits to consumers that are made easily transferable to builders and installers. Complex state and federal permitting tasks are concentrated at the state level, with provision for adequate funding and private-sector assistance. The use of parallel paths, rather than linear planning, is encouraged in order to minimize timelines. - Authored By: Rep. Mike Coan of the 101st - House Committee: Natural Resources & Environment - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 166; Nays: 3 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 - Rule: Modified-Open - Amendments(s): N/A - Yeas: 141; Nays: 21 HB 1281 - Water resources; local government restrictions; more restrictive than state; prohibit - BILL SUMMARY: This bill will require that if a local government wishes to restrict water usage beyond the state's set levels, then they must apply to do so through the state. It also requires that EPD perform a three day turn around on the application by the local government. - This bill allows establishes that the water necessary for upkeep in swimming pool is exempt from water use restrictions. - Authored By: Rep. Terry England of the 108th - House Committee: Natural Resources & Environment - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 124; Nays: 38 LOCAL CALENDAR HB 1352 - Atkinson County; board of elections and registration; create - BILL SUMMARY: A Bill to create the Atkinson County Board of Elections and Registration and to provide for its powers and duties. - Authored By: Rep. Chuck Sims of the 169th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 129; Nays: 0 * The House will reconvene Wednesday, March 5, at 10:00 AM, for its 28th Legislative Day ______________________________________________________________________________________________________________ COMMITTEE ON RULES The Committee on Rules has fixed the calendar for the 28th Legislative Day, Wednesday, March 5, and bills may be called at the pleasure of the Speaker. RULES CALENDAR FOR NEXT LEGISLATIVE DAY HB 140 - Sales and use tax; joint county and municipal; change certain procedures - BILL SUMMARY: HB 140 changes provisions applicable to the renegotiations of distribution of joint county and municipal sales tax collections. Currently, should an agreement not be reached by the second year following a decennial census, the distribution certificate expires and the local governing authorities do not receive the tax proceeds until the distribution certificate is renegotiated. HB 140 provides that, should the parties not reach a new agreement, the previous provisions of the certificate will be in effect. The bill also provides for judicial proceedings should the parties involved not be able to reach an agreement after sixty days of non-binding arbitration or mediation. After sixty days, any party may file a petition in superior court of the county seeking resolution of the dispute. The petition will be assigned to a judge who is not a judge in the circuit in which the county is located. The judge's decision as to the allocation of tax proceeds shall adopt the best and final offer of one of the parties and shall also include findings of fact. The judge enters a final order which contains a new distribution certificate, and appeals will be allowed only for the judge's disregard of the law, for partiality of the judges, or for corruption, fraud, or misconduct by the judge or a party. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Ways & Means - House Committee Passed: 2/21/2008 - Rule: Structured HB 336 - Driving under the influence; mandatory sentences; increase - BILL SUMMARY: Concerns punishment for a DUI for drivers who are 18 years and older: First offense: Misdemeanor; fine of $300-$1000; jail 10 days 1 year (24 hours minimum); probation for 12 months less time served; risk reduction program and drug and alcohol evaluation and treatment as indicated; community service hours required depend on bloodalcohol level. Second offense: 24-month misdemeanor; fine of $750-$5000; jail 90 days - 24 months; if second DUI within 5 years 120 hour minimum jail time; minimum jail time depends on blood-alcohol level; 30 days community service; probation for 24 months less jail time; risk reduction program and drug and alcohol evaluation and treatment as indicated. Third offense: 36-month misdemeanor; fine of $1000-$5000; jail 12-36 months; if third DUI within 10 years 60 days minimum jail time none may be house arrest; if after more than 10 years 120 days minimum jail time up to 60 days may be house arrest; probation for 36 months less time served; 30 days community service if more than 10 years/60 days community service if within 10 years of last DUI; risk reduction program and drug and alcohol evaluation and treatment as indicated. Fourth offense: Felony; fine of $1000-$5000; 1-5 years in jail with 1 year minimum; 60 days of community service which the judge may suspend upon service of three or more years in jail; probation for 5 years less time served; risk reduction program and drug and alcohol evaluation and treatment as indicated. Treatment of violators under 21 years of age: convictions for offenders under 21 years will count as convictions for those who are over 21 for sentencing purposes within a 10-year period, if the offender's blood alcohol level is 0.08 or greater. Minimum periods of incarceration will not be stayed, suspended, probated or subject to early release. Amendments to the bill, added in committee, are intended to make clear that a 24 or 36 month misdemeanor is not to be regarded as felony punishment. - Authored By: Rep. Kevin Levitas of the 82nd - House Committee: Judiciary Non-Civil - House Committee Passed: 2/13/2008 - Rule: Modified-Structured HB 426 - Railroad grade crossings; active warning devices; define; provisions - BILL SUMMARY: Code section 32-6-200 relating to the installation of protective devices at railroad grade crossings is amended by inserting at the end thereof a new subsection (d). This subsection says that each local school district in the state shall survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices. This information shall be submitted no later than September 1. Each local school district shall exercise best efforts to minimize the number of established bus routes that rail crossings do not have active warning devices. The department shall use the information as an important factor in selecting which rail crossings to upgrade with the warning devices. - Authored By: Rep. Sheila Jones of the 44th - House Committee: Transportation - House Committee Passed: 2/27/2008 - Rule: Open HB 447 - Taxation; real estate investment trusts; dividends; clarify state conformity - BILL SUMMARY: HB 447 conforms state income tax law to the federal treatment of dividends received from a real estate investment trust and regulated investment companies and disallows expenses paid to certain REITs. Currently there is a loophole in Georgia income tax law involving the use of REITs to reduce income tax, which is typically employed in the banking and retail industries. This loophole allows a business to deduct expenses that are paid to an affiliated REIT from their income taxes, and to receive this money back from the REIT in the form of a tax free dividend, therefore deducting an expense that never leaves the business. This legislation would close that loophole. - Authored By: Rep. Larry O`Neal of the 146th - House Committee: Ways & Means - House Committee Passed: 2/28/2008 - Rule: Structured HB 545 - Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions - BILL SUMMARY: This bill provides that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain up to 5 years of creditable service for prior service as a circuit-paid assistant district attorney. Members wishing to obtain such creditable service would be required to pay the full actuarial cost to the Board by December 31, 2008 or within six months of becoming a member of the System, whichever is later. - Authored By: Rep. John P Yates of the 73rd - House Committee: Retirement - House Committee Passed: 2/20/2008 - Rule: Open HB 602 - School board members; selling school supplies; penalty; provide exception - BILL SUMMARY: This bill allows a school board member to sell school supplies to the system, in systems where there are less than three sources for such supplies and equipment. - Authored By: Rep. Jim Cole of the 125th - House Committee: Education - House Committee Passed: 2/14/2008 - Rule: Modified-Structured HB 790 - School Bus Safety Week; declare - BILL SUMMARY: Amends Chapter 4 Title 1 of the Official Code of Georgia Annotated. Declares the third week in October as "School Bus Safety Week". - Authored By: Rep. Amos Amerson of the 9th - House Committee: Special Rules - House Committee Passed: 2/29/2008 - Rule: Structured HB 791 - School Bus Drivers Appreciation Day; declare - BILL SUMMARY: Amends Chapter 4 Title 1 of the Official Code of Georgia Annotated. Declares the fourth Monday in October to be "School Bus Drivers Appreciation Day". - Authored By: Rep. Amos Amerson of the 9th - House Committee: Special Rules - House Committee Passed: 2/29/2008 - Rule: Structured HB 831 - Public Charter School Capital Financing Act; enact - BILL SUMMARY: This bill, subject to appropriation, would encourage public private partnerships for private donors to charter schools by providing that the Dept of Ed provide matching funds for charter schools. - Authored By: Rep. Ed Setzler of the 35th - House Committee: Ways & Means - House Committee Passed: 2/28/2008 - Rule: Modified-Structured HB 831 - Public Charter School Capital Financing Act; enact - BILL SUMMARY: This bill, subject to appropriation, would encourage public private partnerships for private donors to charter schools by providing that the Dept of Ed provide matching funds for charter schools. - Authored By: Rep. Ed Setzler of the 35th - House Committee: Education - House Committee Passed: 2/28/2008 - Rule: Modified-Structured HB 873 - Employees' Retirement System; court administrators; creditable service; provisions - BILL SUMMARY: This bill provides that a person who is a member of the Employees' Retirement System and is employed as a court administrator may obtain up to 4 years of creditable service for prior service as a full-time law assistant for a judicial circuit. Members wishing to obtain such creditable service are required to pay the full actuarial cost to the Board of Trustees no later than July 1, 2009 or within six months of becoming a member of the ERS, whichever is later. - Authored By: Rep. Roger B. Lane of the 167th - House Committee: Retirement - House Committee Passed: 2/20/2008 - Rule: Open HB 948 - Sales and use tax; certain school supplies; certain energy efficient products; provide exemption - BILL SUMMARY: HB 948 provides for the 2008 sales tax holidays for school supplies and for energy efficient products. The bill changes the dates for school supplies to July 31, 2008 through August 3, 2008. The products which will be exempt during this time are clothing and footwear with a sales price of $100 or less, computers and computer accessories with a sales price of $1500 or less, and general school supplies with a sales price of $20 or less. The bill changes the dates of the sales tax exemption on energy efficient products to October 2, 2008 through October 5, 2008. The products which will be exempt during this time are energy efficient products with a sales price up to $1500 which are purchased for home or personal use. These products may include dishwashers, clothes washers, air conditioners, ceiling fans, fluorescent light bulbs, dehumidifiers, refrigerators, etc. - Authored By: Rep. Lynn Ratigan Smith of the 70th - House Committee: Ways & Means - House Committee Passed: 2/28/2008 - Rule: Structured HB 979 - The Property Tax Reform Amendment; implementation; provide - BILL SUMMARY: HB 979 implements HR 1246 which provides property tax relief on homesteads and on motor vehicles. The bill provides for the funding of such relief by instituting a state (4%) sales tax on services, lottery tickets, and groceries. The bill also provides for a $20 fee on all motor vehicles, half of which will be used for trauma care funding. The relief and the fee on motor vehicles and the tax on groceries and lottery tickets would become effective on January 1, 2009. The tax on services would become effective on January 1, 2010 to correspond with the effective date of the relief on homesteads. - Authored By: Rep. Glenn Richardson of the 19th - House Committee: Ways & Means - House Committee Passed: 2/21/2008 - Rule: Structured HB 993 - Absentee voting; casting ballot in person; provisions - BILL SUMMARY: HB 993 allows that each elector who is 75 years of age or older or who is disabled and requires assistance in casting an absentee ballot in person at the registrars office, absentee ballot clerks office, or other locations as provided for in Code Section 21-2-382, shall, upon request to a designated office employee or other individual, be authorized to vote immediately at the next available voting compartment or booth without having to wait in line if such location utilizes direct recording electronic voting systems or be authorized to go to the head of any line necessary to cast a written absentee ballot. Further, it requires the provisions of this bill to be prominently displayed in the registrars office or absentee ballot clerks office. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Governmental Affairs - House Committee Passed: 2/28/2008 - Rule: Modified-Structured HB 1018 - Superior court fees; recording an instrument; cross-indexing; provide additional filing fees - BILL SUMMARY: HB 1018 amends O.C.G.A. 15-6-77 to allow Superior Courts to charge an additional fee of $2.00 for cross-indexing certain instruments. The bill also enacts provisions relating to the cancellation or release, and crossindexing, of certain instruments. - Authored By: Rep. Roger B. Lane of the 167th - House Committee: Judiciary - House Committee Passed: 2/14/2008 - Rule: Open HB 1031 - Public high schools; interscholastic athletics program; at least one defibrillator; require - BILL SUMMARY: This bill requires each public high school which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at all times. Subject to appropriations by the General Assembly, the Department of Education shall provide funds to local school systems to assist in the purchase. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Education - House Committee Passed: 2/28/2008 - Rule: Open HB 1042 - Prescription drugs; pharmacists; provisions - BILL SUMMARY: This bill requires that any pharmacist who is dispensing autoimmune suppressives to transplant patients must consult the prescribing physician prior to any change in medication, so as to prevent the rejection of organs due to an inappropriate substitution. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - House Committee Passed: 2/7/2008 - Rule: Modified-Structured HB 1098 - Primaries and elections; election superintendents; provisions - BILL SUMMARY: HB 1098 places the same reporting requirement to the Secretary of States Office on municipal elections as on all other elections in the state. Further, it will require municipal elections officials to gain the same certification from the Secretary of States Office as all other elections officials. - Authored By: Rep. Bobby C Reese of the 98th - House Committee: Governmental Affairs - House Committee Passed: 2/28/2008 - Rule: Structured HB 1100 - Income tax credit; qualified film, video, or digital productions; revise and change - BILL SUMMARY: HB 1100 is an economic development tool that makes changes to the income tax credit for film, video, or digital productions in Georgia, so as to make this state more competitive as a location for these productions. Production companies and their affiliates that have not had over $30 million in expenditures in Georgia in 2002, 2003, and 2004 are eligible for this income tax credit if their base investment in qualified production activities in Georgia is at least $500,000. This bill increases the credit from 9% of the base investment in this state to an amount not to exceed 20% of the base investment. This bill also provides for an additional credit of 10% of the base investment if there is a qualified Georgia promotion. This bill also removes references to tiers used to classify counties, so as to make the credit uniform across all counties. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Ways & Means - House Committee Passed: 2/28/2008 - Rule: Structured HB 1209 - State Board of Education; local school systems; contracts; provisions - BILL SUMMARY: This bill codifies the partnership between the state and local school systems by setting up a system of performance contracts levying flexibility for accountability. Local school systems may voluntarily enter into a contract ultimately approved by the State Board of Education. Under this legislation, the contracts will be enacted for a 3 year time period during which the local school system will agree to certain performance goals for its schools. If the performance goals are not met, negotiated consequences will be enacted. In return for the increased accountability and swift consequences, the school system will earn negotiated flexibility from state laws and regulations. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Education - House Committee Passed: 2/26/2008 - Rule: Modified-Structured HB 1211 - Georgia Bona Fide Large Forest Conservation Use Act of 2008; enact - BILL SUMMARY: This is the implementing legislation for HR 1276, which creates a new class of property for ad valorem tax purposes - forest land conservation property. This allows businesses or individuals with tracks of at least 200 acres to enter into a 15 year covenant to receive conservation use valuation of their property for tax purposes. This legislation also provides for a reimbursement to local taxing authorities for their loss in revenues due to this new class of property. - Authored By: Rep. Richard A Royal of the 171st - House Committee: Ways & Means - House Committee Passed: 2/28/2008 - Rule: Structured HB 1217 - State Licensing Board of Home Inspectors; create - BILL SUMMARY: This bill amends Title 43, relating to professions and businesses. This legislation creates the State Licensing Board of Home Inspectors which will be authorized to regulate and license home inspectors. This bill requires every home inspector to obtain the home inspector license from the board in order to lawfully conduct business in the state of GA and therefore establishes the process of obtaining and renewing such license as well as provides for education and examination requirements. It further makes provisions regarding the home inspection reports, liability insurance, unlawful acts, etc. - Authored By: Rep. Sean Jerguson of the 22nd - House Committee: Regulated Industries - House Committee Passed: 2/21/2008 - Rule: Modified-Open HR 1276 - Bona fide large forest land conservation use property; special assessment and taxation; provide - CA - BILL SUMMARY: This legislation creates a new class of property for ad valorem tax purposes - forest land conservation property. This allows businesses or individuals with tracks of at least 200 acres to enter into a 15 year covenant to receive conservation use valuation of their property for tax purposes. This legislation also provides for a reimbursement to local taxing authorities for their loss in revenues due to this new class of property. - Authored By: Rep. Richard A Royal of the 171st - House Committee: Ways & Means - House Committee Passed: 2/28/2008 - Rule: Structured HR 1427 - Robert S. "Bob" Boney State Prison; dedicate - BILL SUMMARY: This resolution honors the life of Robert S. "Bob" Boney and dedicating the Robert S. "Bob" Boney State Prison in his memory. - Authored By: Rep. Bob Hanner of the 148th - House Committee: State Institutions & Property - House Committee Passed: 2/28/2008 - Rule: Structured SR 796 - Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, and limitations for certain increases - BILL SUMMARY: SR 796 freezes real property values at 2008 values with the exception of a 2% annual increase for residential properties and a 3% increase for nonresidential properties. Additions or improvements will be appraised at their fair market value which will be added to the 2008 value. If a property is sold or transferred it will be appraised at fair market value. SR 796 also provides that total ad valorem tax revenues in each taxing jurisdiction, not attributable to new construction, may only increase each year up to the state government inflation rate. If a local taxing jurisdiction wishes to increase such ad valorem tax revenues by more than the inflation rate a local referendum approving such increase will be required. The resolution also provides that the 20 mill limitation for school districts may be increased or decreased only after approval by a local Act of the General Assembly and a local referendum. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Ways & Means - House Committee Passed: 2/21/2008 - Rule: Structured * The Rules Committee will next meet on Wednesday, March 5, at 09:00 AM, to set the Rules Calendar for the 29th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Tuesday, March 4, 2008 Agriculture & Consumer Affairs SB 400 - Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers - BILL SUMMARY: Currently, Forestry Commission law enforcement officers do not have the flexibility to issue citations for people who are breaking the state's burn laws, and this bill gives them the flexibility to do so. The bill also sets forth guidelines and level of degree of arson as such: - 3rd Degree - means arson was with the intent to damage - 2nd Degree - 5 or more acres were burned - 1st Degree - Human life was endangered. - Authored By: Sen. Ross Tolleson of the 20th - Committee Action: Do Pass Game, Fish, & Parks HB 418 - Wild animal licenses; water buffalo; add exemption - BILL SUMMARY: This bill would remove water buffalo from the wild animal permitting requirements of O.C.G.A. 27-5-5(b)(1)(Q), and moves it from being considered a 'wild animal' to being considered as a 'domesticated animal'. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass Game, Fish, & Parks HB 1070 - Motor vehicles on the water; operating; provide rules - BILL SUMMARY: This bill provides rules and circumstances for the use of off road motor vehicles in or on waterways, makes it unlawful for any person to do unless they meet the bill's exceptions. The effective date of the bill is January 1, 2009. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute Governmental Affairs HB 14 - Local school superintendents; elections; provisions - BILL SUMMARY: HB 14 changes the current law so as to provide for a local school superintendent to be elected rather than appointed if provided for by local legislation. - Authored By: Rep. Clay Cox of the 102nd - Committee Action: Do Pass Governmental Affairs HB 713 - Water, gas and other services; limited liens for unpaid charges; change certain provisions - BILL SUMMARY: HB 713 includes "storm water run off" in the definition of "sewerage" in Code Section 36-60-17 of the Official Code of Georgia Annotated, relating to a prohibition against a water suppliers cut off of water to premises because of indebtedness of prior owner, occupant, or lessee, records required, and limited liens for unpaid charges for water, gas, sewerage service, or electricity. - Authored By: Rep. Bob Holmes of the 61st - Committee Action: Do Pass Governmental Affairs HB 925 - Local government; new townships; provisions - BILL SUMMARY: HB 925 creates the limited purpose government of "Townships". They are to be created by local legislation, funded by a 1/4 mil property tax, and limited to planning and zoning, land use issues, and code enforcement. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute Governmental Affairs HR 1 - Education; school superintendents elected by majority; provide - CA - BILL SUMMARY: House Resolution 1 provides for a constitutional amendment to allow elections of school superintendents by a majority of qualified voters in a school system, if provided by local law. Currently school superintendents are replaced by an appointee of the board of education; this would create an option for elections. - Authored By: Rep. Clay Cox of the 102nd - Committee Action: Do Pass Human Relations & Aging SB 341 - Council on Aging; assign additional duties; produce a report; appointment of advisory committees - BILL SUMMARY: Adds a new code section 49-6-21.1. Requires the Council on Aging to provide a report entitled "Project 2020: Georgia for a Lifetime" to the Governor, Lt. Governor, and the Speaker of House. The report shall be in regards to the state's growing aging population and will include among other things, state policies; projected impact, the implementation of policies; suggestions for increasing public awareness and communication; policies of other states. The report will be due by December 15, 2010. - Authored By: Sen. Lee Hawkins of the 49th - Committee Action: Do Pass by Committee Substitute Insurance HB 367 - Generic drugs; health insurance coverage; provisions - BILL SUMMARY: HB 367 allows pharmacists to by-pass an insured's formulary and to fill a ten day prescription while the prior approval process is taking place. There will be a fine of $500 administered by the Commissioner of Insurance on insurance companies that do not comply. - Authored By: Rep. Earl Carter of the 159th - Committee Action: Do Pass by Committee Substitute Insurance SB 347 - Insurance Companies; software as admitted asset when determining financial condition - BILL SUMMARY: SB 347 allows software to be counted as an asset for insurance purposes so long as the cost of the software does not exceed 10% of admitted assets or $7,500,000, whichever is less. - Authored By: Sen. Ralph T Hudgens of the 47th - Committee Action: Do Pass Interstate Cooperation HB 1348 - Uniform Act for Out-of-State Parolee Supervision; repeal - BILL SUMMARY: This bill amends Chapter 9 of Title 42 of the O.C.G.A, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of State Parolee Supervision" which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state. Chapter 9 of Title 42 is amended by repealing Article 3 the "Uniform Act for Out-of State Parolee Supervision" and designating said article as reserved. - Authored By: Rep. Clay Cox of the 102nd - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1327 - Roswell, City of; corporate limits; change - BILL SUMMARY: A Bill to annex territory into the corporate limits of the City of Roswell. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1361 - Cook County; board of elections; create - BILL SUMMARY: A Bill to create the Cook County Board of Elections and Registration and to provide for its powers and duties. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass Judiciary HB 470 - Georgia Lemon Law; enact - BILL SUMMARY: HB 470 amends the Lemon Law, which is codified at O.C.G.A. 10-1-780, et seq. The definition of "consumer" in O.C.G.A. 10-1-782(5) is broadened to include business owners with ten or fewer vehicles, except for limousine rental services. The Lemon Law rights period is extended to two years or 24,000 miles in O.C.G.A. 10-1-782(10). The definition of nonconformity has been modified in O.C.G.A. 10-1-782(17). Arbitration is provided under current law. The informal dispute resolution provisions in O.C.G.A. 10-1-785 are improved to promote the resolution of disputes prior to arbitration and litigation. The informal dispute resolution procedure must be approved by the Office of Consumer Affairs. - Authored By: Rep. Butch Parrish of the 156th - Committee Action: Do Pass by Committee Substitute Judiciary HB 515 - Lottery for Education Act; define certain terms; provisions - BILL SUMMARY: Substitute LC-29-3323-S to HB 515 amends Title 50, Chapter 27, to allow the assignment of lottery proceeds. Section 3 is a new code section which allows the proceeds to be assigned pursuant to a court order, based upon a written assignment agreement. The assignee must make certain disclosures to the assignor concerning the terms of the assignment. - Authored By: Rep. Allen G. Freeman of the 140th - Committee Action: Do Pass by Committee Substitute Judiciary HB 940 - Microchip Consent Act of 2008; enact - BILL SUMMARY: HB 940 creates a new tort cause of action in the case of a required implantation of a microchip in a person. The definition of "require" appears to aim to prevent employers from requiring employees to be implanted with a microchip. The damages for this new tort would be a maximum of $10,000.00, but language relating to a "continuing violation" could expand the amount of damages for the required implantation of a microchip. The bill places the regulation of microchip implantation under the authority of the Composite State Board of Medical Examiners. - Authored By: Rep. Ed Setzler of the 35th - Committee Action: Do Pass by Committee Substitute Judiciary HB 1104 - Charitable solicitations; definitions; revise certain provisions - BILL SUMMARY: Substitute LC-29-3324-S to HB 1104 amends O.C.G.A. 43-17-2, et seq. concerning charitable solicitations. Section 1 amends the definition of educational institutions, fundraising counsel, and paid solicitor. Sections 2 and 3 require paid solicitors to register with the Secretary of State prior to engaging in solicitations, and disclose details concerning their compensation. Section 4 amends the financial reporting provisions for charities. Section 5 allows the Secretary of State to suspend or otherwise discipline a fundraiser for failing to respond to a subpoena from the Secretary of State. Section 6 requires disclosures to be made at the time of solicitation. Section 7 amends the list of exemptions. Section 8 addresses investigations by the Secretary of State. Section 9 adds an emergency orders provision to the law. - Authored By: Rep. Katie M. Dempsey of the 13th - Committee Action: Do Pass by Committee Substitute Judiciary HB 1207 - Marriage license; sickle cell anemia brochure to applicant; require - BILL SUMMARY: No Summary Available - Authored By: Rep. Gloria Frazier of the 123rd - Committee Action: Do Pass by Committee Substitute Judiciary HB 1283 - Railroad corporations; presumptions; provisions - BILL SUMMARY: HB 1283 amends and enacts code sections in Titles 24, 44, and 46 to address boundary lines and other real estate interests relating to railroad right-of-ways. Section 2 enacts a rebuttable presumption that ingress and egress paths within a railroad right-of-way are used with the permission of the railroad company, which would decrease the ability of a party to assert an adverse possession claim against a railroad company. Sections 4-7 recognize railroad right-of-ways depicted on an Interstate Commerce Commission railroad map dated 1913, and requires railroad companies to record official maps of their rights-of-way in county real estate records in the counties in which their rights-of-way are located. Section 4 defines right-of-ways, Section 5 defines possession to include vacant buffer land, Section 6 provides that railroads are in possession of right-of-ways depicted on the maps outlined in the bill, and Section 7 provides that courts can take judicial notice of the maps outlined in the bill. HB 1283 has prospective application, only. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute Judiciary HB 1294 - Judicial emergency; public health emergency; extend duration - BILL SUMMARY: HB 1294 extends the period in which judicial emergency orders entered by the Chief Justice of the Georgia Supreme Court can remain in effect during public health emergencies, which are defined in O.C.G.A. 31-12-2.1, and can be declared by the Governor pursuant to guidelines outlined by statute. Bioterrorism, epidemics, and pandemics are examples of public health emergencies. Judicial emergency orders provide relief from statutes of limitation, answer filing deadlines, and other court deadlines when a public health emergency is declared by the Governor. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass Judiciary HB 1295 - Redevelopment powers; tax allocation bonds; provisions - BILL SUMMARY: HB 1295 amends Title 36, Chapter 44 concerning redevelopment powers to provide more provisions to govern combined redevelopment efforts by two or more political subdivisions. O.C.G.A. 36-44-4(d) already allows combined redevelopment efforts. Sections 1 and 2 include local governments which form a common redevelopment agency in the definition of political subdivision, and contain a number of provisions which allow local governments to act in concert on matters of regional significance and magnitude. Section 3 allows common redevelopment agencies to finance projects through tax allocation bonds. Section 4 addresses the computation of tax allocation increments. Section 5 addresses positive tax allocation increments. Section 6 addresses redevelopment costs. Section 7 pertains to the issuance of tax allocation bonds. Section 8 addresses loans to finance redevelopment costs. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass Motor Vehicles HB 963 - Special license plates; soccer; provide - BILL SUMMARY: HB 963 authorizes the creation of a special license plate commemorating and supporting the sport of soccer in Georgia. Further, it provides that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass by Committee Substitute Motor Vehicles HB 1235 - Motor vehicles; fleet policies; insurance issuance requirements; change notice - BILL SUMMARY: HB 1235 makes local jurisdictions liable for towing costs if they impound a vehicle for "no proof of insurance", despite a valid "Fleet" insurance card being presented. - Authored By: Rep. Austin Scott of the 153rd - Committee Action: Do Pass by Committee Substitute Motor Vehicles HB 1368 - Motor vehicle licensing requirements; out-of-state students exemption; revise certain provisions - BILL SUMMARY: HB 1368 will exempt individuals that were recently enrolled as out of state students in colleges and universities of this state from having to obtain a Georgia driver's license. - Authored By: Rep. Carl Rogers of the 26th - Committee Action: Do Pass Special Committee on Grady HB 1299 - Certain hospital authorities; contract with nonprofit corporations; require - BILL SUMMARY: This legislation requires that hospital authorities constituted by two county governments must contract with nonprofit corporations for the operation and management of a hospital. It stipulates that a judge shall determine whether a hospital or system so governed is performing in accordance with minimum functions required for the continued operation and maintenance of health care facilities in the jurisdiction. It further states that if a hospital authority is not in compliance with Code Section 31-7-74.4(b) that said hospital will be ineligble for receipt of funds from the Georgia Trauma Trust Fund, or any appropriation of state monies with the exceptions of Medicaid reimbursements and funding for medical education, specifically graduate medical education. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute State Institutions & Property HB 913 - Voluntary labor programs; Board of Corrections; provisions - BILL SUMMARY: This bill amends Code Section 42-5-120 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to regulations and rules of voluntary labor programs and general authority, duties, and procedure for state purchasing. This would provide for a free market competition with regard to state purchasing. It would change provisions relating to the regulations and rules of the Board of Corrections for voluntary labor programs. It would change certain provisions relating to the Department of Administrative Services purchasing supplies, materials, equipment, and services for state government. The bill would repeal provisions relating to goods and services to be obtained from the Georgia Correctional Industries Administration. - Authored By: Rep. John Lunsford of the 110th - Committee Action: Tabled State Institutions & Property HB 1125 - Energy Efficiency and Sustainable Construction Act of 2008; enact - BILL SUMMARY: This bill amends Article 1 of Chapter 9 of Title 50 of the O.C.G.A, relating to general provisions relative to the Georgia Building Authority. It provides for energy efficient construction of a major state-funded facility project and it provides for duties and responsibilities for the enforcement of certain energy efficient provisions. *A new code section will be added to Article 1 of Chapter 9 of Title 50 of the O.C.G.A. The code section 50-9-17 will be known as the "Energy Efficiency and Sustainable Construction Act of 2008". *The General Assembly wants to improve the welfare of the state by effective energy sand environmental standards for construction, rehabilitation, and maintenance of buildings. *"Major facility Project" means a state-funded: (1) New construction building project of a building exceeding 5,000 square feet; (2) A renovation project that is more than 50 percent of the replacement value of the facility, a change in occupancy, or any roof replacement project exceeding 5,000 square feet; or (3) A commercial interior tenant fit-out project exceeding 5,000 square feet of leaseable area. *A major facility project should not include a building, regardless of size, that does not have conditioned space as defined by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHREA). *The Georgia Building Authority shall adopt policies and procedures applicable to all buildings owned, leased, or managed by this state that: (1) Optimize the energy performance; (2) Increase the demand for construction materials and furnishings produced in Georgia; (3) Improve the environmental quality in this state by decreasing the discharge of pollutants from such state buildings; (4) Conserve energy and utilize local and renewable energy sources; (5) Protect and restore this state's natural resources by avoiding the development of inappropriate building sites; (6) Reduce the burden on municipal water supply and treatment by reducing potable water consumption; (7) Establish life cycle assessments as the appropriate and most efficient analysis to determine a building project's environmental performance level; and (8) Encourage obtaining Energy Star designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence. *All major facilities shall be designed, constructed, and certified to exceed the standards set forth in ASHREA 90.1.2004 by 30% efficiency is cost effective based on a life cycle cost analysis with a payback at no more than 10 years. *The Georgia State Financing and Investment Commission shall designate a rating system that meets these criteria and is authorized to establish its own alternative rating system. *Local governing authorities and local school systems shall use the energy modeling and rating systems designated by the Georgia Building Authority. *A professional engineer shall certify that the building project's systems for heating, ventilating, air conditioning, energy conservation, and water conservation are installed and working properly to ensure that each building project performs according to the building's overall environmental design intent and operational objectives. - Authored By: Rep. Billy Horne of the 71st - Committee Action: Do Pass by Committee Substitute State Institutions & Property SB 48 - Penal Institutions; transmittal information on convicted persons; provide notice to the attorney of record for the convicted persons - BILL SUMMARY: A bill related to the conditions of detention. This bill will change certain provisions relating to the transmittal of information on convicted persons and the place of detention. It will also change the provision that allows convicted persons to remain in local jails under certain circumstances. - Authored By: Sen. Joseph Carter of the 13th - Committee Action: Do Pass by Committee Substitute State Institutions & Property SR 753 - Property Conveyance; City of Thomaston; Upson County - BILL SUMMARY: This resolution authorizes the conveyance of certain state owned real property located in the City of Thomaston, Upson County, Georgia. - Authored By: Sen. George Hooks of the 14th - Committee Action: Do Pass Transportation HB 1318 - State highway system; outdoor advertising signs; provisions - BILL SUMMARY: This bill amends Title 32 so that any order from the DOT, a county, or a municipality to remove, relocate, or reconstruct a billboard would be followed by just compensation for such sign. Property owners would be given 30 day notice by the entity wanting the sign altered and then proceedings to reach an agreement would begin. If an agreement is not reached within 120 days of the notice, arbitration would ensue until an agreement was reached. The Code section states that it would not impair any ordinances or written agreements existing before July 1, 2008. Just compensation will be paid only for: the taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign; the taking from the owner of the real property on which the sign, display, or device is located of the right to erect and maintain such signs on; the actual financial loss suffered by the lessee/lessor under a written lease expressly and solely permitting the erection and maintenance of a sign because of the refusal of the department to issue the permit for the erection of such sign. - Authored By: Rep. Matt Dollar of the 45th - Committee Action: Do Pass Transportation HR 468 - Sheriff D. J. Connell Memorial Highway; dedicate - BILL SUMMARY: A resolution commemorating Sheriff D.J. Connell by dedicating the portion of SR 41 in Cook County from mile marker 0 to mile marker 10 as the Sheriff D.J. Connell Memorial Highway. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 86 - Taxable net income; retirement benefits; military service; state tax; exempt - BILL SUMMARY: HB 86 expands the current income tax exemption for military personnel created under 48-7-27 (a) (12) to include military retirement benefits and survivor benefits derived therefrom. The current exemption includes only military income received by a member of the national guard or any reserve component of the armed services stationed in a combat zone pursuant to military orders, and only applies to such member and to income earned during the period covered by military orders. The bill applies to taxable years beginning on or after January 1, 2008. - Authored By: Rep. Ronald L Forster of the 3rd - Committee Action: Do Pass by Committee Substitute Ways & Means HB 189 - Sales and use tax exemption; certain properties; change provisions - BILL SUMMARY: The purpose of HB 189 is to extend a sales tax exemption for the construction of an infantry museum at Fort Benning. The exemption currently ends on June 30, 2008, and HB 189 extends this exemption on construction related sales to national infantry museums to June 30, 2009. - Authored By: Rep. Richard H. Smith of the 131st - Committee Action: Do Pass by Committee Substitute Ways & Means HB 339 - Tax executions; tax collectors and commissioners; collection of costs; provide - BILL SUMMARY: HB 339 provides that once a tax execution has been issued, the costs for administering the collection shall be imposed on the delinquent taxpayer, in an amount not to exceed $250, however, if the levy has not been made and posted on the property of the taxpayer, then the fee may not exceed $75. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 826 - Income tax credit; certain volunteer firefighters; provide - BILL SUMMARY: HB 826 provides for an income tax credit in the amount of $1,000 to volunteer firefighters that have been a member in good standing of a recognized volunteer or combination fire department certified by the Georgia Fire Standards and Training Council for the immediately preceding three calendar years. The amount of the credit may not exceed the taxpayer's income tax liability, and any unused credit may be carried forward to succeeding years' tax liability. The firefighter must have completed at least one of the levels of firefighter training leading to state firefighter certification by the Georgia Fire Standards and Training Council, and the firefighter must provide written verification from their fire chief. - Authored By: Rep. Gene Maddox of the 172nd - Committee Action: Do Pass Ways & Means HB 957 - Sales and use tax exemption; certain qualified nonprofit job training organizations; extend sunset date - BILL SUMMARY: Currently, there is a state sales tax exemption on the sale of property and services to qualified job training organizations. Such organizations must be located in Georgia, must be exempt from income tax under Section 501(c)(3) of the Internal Revenue Code, must specialize in the retail sale of donated items, must provide job training and employment services to individuals with workplace disadvantages and disabilities, and must use a majority of its revenues for job training and placement programs. This exemption is applicable only to state sales taxes. Currently this exemption is set to expire on July 1, 2008, and this bill would extend this exemption through July 1, 2010. This bill also provides a sales tax exemption on sales to federally qualified nonprofit health centers and to nonprofit volunteer health clinics. Both of these exemptions will terminate on June 30, 2010. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 1023 - Sales and use tax; government contractors; overhead materials; extend sunset exemption - BILL SUMMARY: HB 1023 extends the sales tax exemption for sales to or use by a government contractor of overhead materials in performance of a contract with the United States Department of Defense or the National Aeronautics and Space Administration for the purpose of national defense. "Overhead materials" is defined such that the cost of which is charged to an expense account and allocated to various US government contracts in accordance with Generally Accepted Accounting Principles and government contract accounting standards. Currently, this exemption is set to be repealed on January 1, 2009, and this bill extends this repeal date to January 1, 2011. - Authored By: Rep. Steve Tumlin of the 38th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 1028 - Wire transmission; money received; provide fee - BILL SUMMARY: HB 1028 imposes a fee on wire transmission transactions conducted in Georgia, and allows for a corresponding income tax credit to the customer that pays the fee. The amount of the fee is 2% of the amount of money being transmitted for each single transaction of less than $10,000. The financial institutions required to collect these fees must file semiannual returns with the Commissioner of Banking and Finance reporting the fees due and collected. Each such institution may deduct and retain 20% of each fee to defray the costs of collection, and must pay the fees electronically in the form of an automated clearing house debit. The Commissioner then remits the fees to the general fund of the state. An income tax credit is available to taxpayers in the actual amount expended for these wire transmission fees, but only if the taxpayer has transaction receipts which identify the 2% fee separately. Any unused credit may be carried forward against succeeding years' tax liability. - Authored By: Rep. Tom Rice of the 51st - Committee Action: Do Pass by Committee Substitute Ways & Means HB 1046 - Watercraft; held in inventory for resale; exempt from taxation; provide - BILL SUMMARY: HB 1046 extends the property tax exemption for watercraft owned by a dealer and held for sale or resale. Currently, the exemption is set to expire on December 31, 2008, and this bill extends the expiration date to December 31, 2010. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass Ways & Means HB 1078 - Sales and use tax; change certain definitions - BILL SUMMARY: HB 1078 makes technical clarifications to the grocery sales tax exemption language. On page 1 line 10, the change specifies which local taxes are levied on groceries, which are SPLOST (Part 1 of Article 3) and ELOST (Part 2 of Article 3) taxes. On page 1 line 23, the change specifies that the grocery sales tax exemption will apply to the Atlanta water and sewer tax levied under Article 4 of the sales tax chapter. On page 2, this language clarifies the definition of "local sales and use tax" to include each of the local sales taxes. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 1081 - Ad valorem tax; property; change certain definitions - BILL SUMMARY: HB 1081 provides for the ability of an owner of land in a conservation covenant to cure an alleged breach of the covenant within 30 days from the date of a notice form the board of tax assessors. The owner has 30 days to cease and desist the activity, or to remediate or correct the condition alleged. The board of tax assessors will then conduct a physical inspection of the property and notify the owner if the breach has not been rectified. The owner shall be entitled to appeal the decision of the board of assessors. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 1151 - Income tax; exempt organizations; change provisions - BILL SUMMARY: HB 1151 contains many taxpayer friendly changes to our tax code. It brings our state tax code in compliance with the federal provision which allows retirees the option of having state taxes withheld from lump sum distributions, it enables electronic filers to claim the Driver Education Tax Credit, it eliminates the duplication of the IRS exemption process for exempt organizations, it eliminates the annual consent to pay state income tax requirement for "S" corporations having nonresident shareholders, it conforms to federal electronic filing requirements, and it reduces the penalty imposed on partnerships, Subchapter `S' corporations, or limited liability companies which fail to withhold and pay over withholding tax due on distributions paid or distributions credited to members who are not residents of Georgia. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 1157 - State income tax; retirement income; increase limitation - BILL SUMMARY: Currently, $35,000 of retirement income of persons age 62 and older or permanently and totally disabled is excluded from income taxes. "Retirement income" is defined to include not more than $4,000 of earned income. HB 1157 increases this $4,000 limitation to $16,000, such that the retirement income exclusion amounts would apply to unearned income and $16,000 of earned income. Earned income includes income from a trade or business, wages, salaries, tips, and other employer compensation. - Authored By: Rep. Austin Scott of the 153rd - Committee Action: Do Pass Ways & Means HB 1193 - Sales and use tax exemption; certain aquariums; change provisions - BILL SUMMARY: HB 1193 provides for a sales tax exemption on sales of property used in the construction of an aquarium expansion in this state from January 1, 2007 through June 30, 2011. - Authored By: Rep. Mark Burkhalter of the 50th - Committee Action: Do Pass Ways & Means HB 1196 - Income tax credit; qualified investment; Seed-Capital Fund; provisions - BILL SUMMARY: HB 1196 provides for a 25% income tax credit for cash investments made in certain research fund investment entities established to provide early-state financing for businesses formed as a result of intellectual property resulting from the research conducted in the research universities in Georgia. Any unused credit may be carried forward 10 years. Taxpayers are eligible for the credits until the value of the research fund investment entity exceeds $30 million. This bill also provides for an income tax credit equal to 10% of a taxpayer's cash investment in a legal entity in which a research fund investment entity has invested. Once the total amount of investments reaches $75 million, investors shall no longer be eligible for this credit. Any unused credit may be carried forward for 10 years. This bill also allows funds from the Seed-Capital Fund to be used in more flexible financial arrangements by modifying the matching requirements associated with use of these funds. It provides that funds invested by the state from the Fund may include funds from sources other than the investment entity. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute Monday, March 3, 2008 Appropriations HR 1078 - Williams, Mr. Willie Otis "Pete"; compensate - BILL SUMMARY: This resolution calls for the compensation of Mr. Willie Otis "Pete" Williams, due to his wrongful incarceration of 21 years and 9 months. Mr. Williams was deemed innocent through DNA testing in 2007. The Department of Administrative Services will administer the funds in the amount of $1.2 million. The payment would be in the form of an annuity over 20 years with an lump sum of $100,000, none of which shall be subject to state income taxes. - Authored By: Rep. Steve Tumlin of the 38th - Committee Action: Do Pass by Committee Substitute Budget and Fiscal Affairs Oversight HR 1247 - Revenue, Department of; state-issued purchase cards; closely review; urge - BILL SUMMARY: This resolution calls for the Department of Audits to closely examine the use of state issued purchase cards by continuing to audit certain accounts to ensure transactions are authorized, legal and ethical. The Department will also assess whether or not personal expenditures under the state purchase card program are considered taxable events. - Authored By: Rep. Jill Chambers of the 81st - Committee Action: Do Pass Governmental Affairs HR 47 - Joint Legislative Study Committee on Judicial Election Reform; create - BILL SUMMARY: HR 47 creates the Joint Legislative Study Committee on Judicial Election Reform. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination - Local HB 1352 - Atkinson County; board of elections and registration; create - BILL SUMMARY: A Bill to create the Atkinson County Board of Elections and Registration and to provide for its powers and duties. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass Judiciary Non-Civil HB 92 - Tattoo; misdemeanor; eye socket; repeal - BILL SUMMARY: Changes the provision that makes it a misdemeanor to tattoo within one inch of the eye socket to provide that it is a misdemeanor to tattoo either of the two folds of skin and muscle that can be closed over the exposed portion of the eyeball - Authored By: Rep. Melvin Everson of the 106th - Committee Action: Do Pass by Committee Substitute Judiciary Non-Civil HB 924 - Billy Foulke Teenage Seatbelt Safety Act; enact - BILL SUMMARY: Drivers who are at least 15 years of age but less than 18 years of age who fail to wear a safety belt will be guilty of the offense of failure to secure a seat safety belt. Punishments: First Offense: Second Offense: Third Offense: Fourth Offense: fine of $25.00 fine of $50.00 and suspension of driver's license for three months fine of $75.00 and suspension of driver's license for six months fine of $100.00 and suspension of driver's license for one year No additional penalties, fees or surcharges will be assessed for a conviction. After the suspension period, payment of a restoration fee and completion of a Department of Driver Services approved driver improvement program (only after the second offense), the suspension will terminate and the driver's license will be returned. - Authored By: Rep. Melvin Everson of the 106th - Committee Action: Do Pass by Committee Substitute Judiciary Non-Civil HB 1071 - Tasers; knowingly remove or attempt to remove from certain persons; make unlawful - BILL SUMMARY: Adds "taser" to the list of items it is unlawful to remove from the possession of another person under certain circumstances. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass Judiciary Non-Civil HB 1179 - Lobbyists; registration; change certain provisions - BILL SUMMARY: This bill would prevent any person who has been convicted of a felony involving moral turpitude from registering as a lobbyist unless ten years or more have elapsed since the completion of that person's sentence. The bill would also require any applicant seeking to register as a lobbyist to submit a statement verifying that he or she has not been convicted of a felony involving moral turpitude. If the applicant has been convicted of a felony he or she will be required to submit a statement identifying the conviction date, a copy of the sentence and a statement that more than ten years have elapsed since the completion of the sentence. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass Judiciary Non-Civil HB 1297 - Sexual assault protocol; afford greater protection to victims; change provisions - BILL SUMMARY: The bill provides that a forensic medical exam be conducted at no cost to a victim of sexual assault whether or not the victim cooperates with law enforcement. It further requires that the evidence be maintained by the investigating law enforcement agency for ten years. It also allows the Crime Victims Compensation Board to grant subrogation waivers for victims of violent crime. The purpose of the bill is to make procedural changes to comply with federal law the federal Violence Against Women Act so that Georgia will continue to receive approximately $3 million in federal grant funds annually. - Authored By: Rep. Robert Mumford of the 95th - Committee Action: Do Pass Judiciary Non-Civil HB 1298 - Insanity and mental incompetency; plea; change certain provisions - BILL SUMMARY: Requires that when a defendant is found "guilty but mentally retarded" that his guilt be proved beyond a reasonable doubt and that his mental retardation be proved by a preponderance of the evidence. - Authored By: Rep. Robert Mumford of the 95th - Committee Action: Tabled Judiciary Non-Civil SB 276 - Insurance; uninsured motor vehicle; available coverages are inadequate to cover person's bodily injury/property damage losses - BILL SUMMARY: Limits coverage under uninsured motorist provisions to auto and motor vehicle liability and excludes umbrella and excess liability policies from required coverage Changes the definition of "uninsured motor vehicle" to provide that a motor vehicle is considered uninsured when the coverage is inadequate to cover the insured's losses and damages Allows uninsured motor vehicle coverage to be stacked with other available liability coverage and allows a motorist to select more restrictive uninsured motorist coverage - Authored By: Sen. Cecil Staton of the 18th - 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. ______________________________________________________________________________________________________________ COMMITTEE BROADCAST SCHEDULE 7:30 AM 9:00 AM 8:00 AM 9:00 AM 8:00 AM 10:00 AM 8:30 AM 9:30 AM 8:30 AM 9:30 AM 9:00 AM 10:00 AM 1:30 PM 2:30 PM 2:00 PM 3:30 PM 2:00 PM 4:30 PM 2:00 PM 4:30 PM 2:00 PM 4:00 PM 2:30 PM 3:00 PM 3:00 PM 5:00 PM 3:00 PM 4:00 PM 3:00 PM 5:00 PM 3:00 PM 5:00 PM 4:00 PM 5:00 PM Wednesday, March 05, 2008 RETIREMENT 403 CAP INSURANCE 406 CLOB Academic Achievement Subcommittee of Education 506 CLOB Environmental Quality Subcommittee of Natural Resources 415 CLOB Ways & Means Income Tax Subcommittee 133 CAP RULES 341 CAP Appropriations Special Projects Subcommittee 403 CAP REGULATED INDUSTRIES 515 CLOB Judiciary Civil Subcommittee One (Lindsey) 216 CAP GOVERNMENTAL AFFAIRS JUDICIARY NON-CIVIL Resolution Subcommittee of Transportation 506 CLOB 132 CAP or upon adjournment- whichever is later 606 CLOB TRANSPORTATION 606 CLOB PUBLIC SAFETY & HOMELAND SECURITY HIGHER EDUCATION APPROPRIATIONS Resource Management Subcommittee of Natural Resources 406 CLOB 415 CLOB or upon adjournment- whichever is later 341 CAP or upon adjournment 515 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. ____________________________________________________________________________ CONTACT: BRENT CRANFIELD (404) 656-0305 Brent.Cranfield@house.ga.gov