Daily report [Mar. 5, 2008]

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

TOMORROW'S FORECAST
* The House will reconvene for its 29th Legislative Day on Thursday, March 6, at 10:00 AM. * 17 bills are expected to be debated on the floor.

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DAILY REPORT

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RULES CALENDAR
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 - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 124; Nays: 17
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 - Rule: Open - Amendments(s): N/A - Yeas: 157; Nays: 0

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 - Rule: Modified-Structured - Amendments(s): Cole Scott Amendment - Yeas: 159; Nays: 0
HB 790 - School Bus Safety Week; declare
- BILL SUMMARY: Amends Chapter 4 Title 1 of the Official Code of Georgia Annoted. Declares the third week in October as "School Bus Safety Week". - Authored By: Rep. Amos Amerson of the 9th - House Committee: Special Rules - Rule: Structured - Amendments(s): N/A - Yeas: 145; Nays: 0
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 - Rule: Structured - Amendments(s): N/A - Yeas: 150; Nays: 0
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 - Rule: Open - Amendments(s): N/A - Yeas: 163; Nays: 0
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 - Rule: Open - Amendments(s): N/A - Yeas: 145; Nays: 14
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 - Rule: Open - Amendments(s): N/A - Yeas: 151; Nays: 5

HB 1042 - Prescription drugs; pharmacists; provisions
- BILL SUMMARY: This bill requires that any pharmacist who is dispensing autoimmunesuppressives 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 - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 161; Nays: 0
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 - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 112; Nays: 58
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 - Rule: Structured - Amendments(s): N/A - Yeas: 110; Nays: 62
- This bill failed to receive a super majority and therefore failed .
LOCAL CALENDAR
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 132; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 132; Nays: 0

LEGISLATION POSTPONED TO FOLLOWING 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 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 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 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 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 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
* The House will reconvene Thursday, March 6, at 10:00 AM, for its 29th Legislative Day
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 29th Legislative Day, Thursday, March 6, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
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 - House Committee: Ways & Means - House Committee Passed: 3/4/2008 - Rule: Structured
HB 1168 - Excise tax; public accommodation furnishings; change certain provisions
- BILL SUMMARY: HB 1168 provides more flexibility in the use of revenues from the hotel motel tax for Perry, Georgia. Currently, cities and counties levying a 6% hotel motel tax under Paragraph 4 of the hotel motel tax code must expend 16 2/3% of those revenues for the purpose of supporting an aviation museum and hall of fame, or for the purpose of construction or expansion of certain types of facilities. This bill provides an additional option for use of that percentage, which is for promotion tourism, conventions, and trade shows. - Authored By: Rep. Larry O`Neal of the 146th - House Committee: Ways & Means - House Committee Passed: 2/28/2008 - Rule: Structured
HB 1184 - Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize
- BILL SUMMARY: This bill relates to the Georgia Student Finance Authority and authorizes the authority to establish two pilot educational assistance programs for collegiate sports for students with physical disabilities. The authority is authorized to establish and administer a five-year pilot program to provide competitive sports opportunities for students with physical disabilities at the collegiate level and provide scholarships to student athletes with disabilities. In order to implement the pilot program, the board of regents shall select two state schools to be pilot institutions. The selected institutions shall have programs in place that serve to create meaningful social change to promote human rights for people with disabilities. The scope to the pilot program shall include goals of : (1) Ten full scholarships that may be subdivided as partial scholarships consistent with other collegiate sports; and (2) Twenty to 25 student athletes with physical disabilities by year three of the pilot program with an emphasis upon recruiting veterans with disabilities. The General Assembly will review the program after three years of operation. - Authored By: Rep. Allen G. Freeman of the 140th - House Committee: Higher Education - House Committee Passed: 2/20/2008 - Rule: Modified-Structured

HB 1221 - Insurance contracts; corporations; employees covered; change minimum number
- BILL SUMMARY: HB 1221 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: Rep. Howard Maxwell of the 17th - House Committee: Insurance - House Committee Passed: 2/29/2008 - Rule: Open
HB 1280 - Alcoholic beverages; regional economic assistance projects; provide state licensing
- BILL SUMMARY: This bill amends Title 3 of O.C.G.A. related to alcoholic beverages. It allows any regional economic assistance project to sell certain alcoholic beverages upon obtaining a state license and a local license if applicable. This bill allows the local government to collect taxes on such sales and authorizes the commissioner to create rules and regulations in regards to this matter. However, it states that in regards to the days and times of such sales the state regulation will supersede the local ordinance. Finally, it removes some provisions of Code Section 50-8-193 related to authorization for sale of alcoholic beverages by certified projects. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Regulated Industries - House Committee Passed: 2/28/2008 - Rule: Modified-Structured
* The Rules Committee will next meet on Thursday, March 6, at 9:00 AM, to set the Rules Calendar for the 30th Legislative Day.
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COMMITTEE ACTION REPORT
Education
HB 652 - Blind Persons' Braille Literacy Rights and Education Act; enact
- BILL SUMMARY: This bill would require, in developing a students Individualized Education Program, that Braille be made for instruction and requires the use of Braille based on the outcome of an evaluation by a teacher certified by the Professional Standards Commission as a special education visual impairments program teacher. - Authored By: Rep. Judy Manning of the 32nd - Committee Action: Do Pass by Committee Substitute
Education
HB 905 - Building Resourceful Individuals to Develop Georgia's Economy Act; enact
- BILL SUMMARY: The "Building Resourceful Individuals to Develop Georgia's Economy Act", known as the BRIDGE act. The intent of this bill is to create a system in which each student selects a focused area of study and receives intense support throughout the high school years to ensure he or she completes their high school program on time. - Authored By: Rep. Fran Millar of the 79th - Committee Action: Do Pass by Committee Substitute
Education
HB 1286 - Quality Basic Education Act; Veterans Day; revise provisions
- BILL SUMMARY: This bill requires schools be closed on Nov. 11th of each year in honor of Veterans Day. - Authored By: Rep. Jerry Keen of the 179th - Committee Action: Do Pass
Education
HB 1300 - Minimum school year; certain school days; provisions
- BILL SUMMARY: This bill relates to the minimum number of school days and provides that certain days that were canceled due to disaster, emergency, or act of God do not have to be made up under certain circumstances. - Authored By: Rep. Amy Carter of the 175th - Committee Action: Do Pass

Education
HB 1321 - Education; alleged inappropriate behavior by teacher or school personnel; provisions
- BILL SUMMARY: This bill requires that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel be addressed in the student code of conduct. It also establishes a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel. - Authored By: Rep. Jay Shaw of the 176th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 1034 - Counties and municipalities; open top rolloff dumpsters; franchise agreements; provide
- BILL SUMMARY: HB 1034 prevents local governments from entering into exclusive franchise agreemnts with roll off dumpster companies for dumptsters that are 22 feet long or less. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 1145 - Local government; creation of joint water authorities; definitions and provisions
- BILL SUMMARY: HB 1145 provides for the creation by two or more counties or any two or more municipalities or any county or municipality, or a combination of any county and any municipality, of a joint water authority. The authority participants must be contiguous and within the same water planning district. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 1278 - Health care insurers; benefit plans; limitations; provisions
- BILL SUMMARY: HB 1278 authorizes any health care insurer to offer health benefit plans that are not subject to limitations on level of reimbursement for contracted or noncontracted health care providers. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass
Insurance
HB 1328 - State employees' health insurance plan; consumer choice options; revise a provision
- BILL SUMMARY: HB 1328 amends article 1 of Chapter 18 of Title 45 to remove the "consumer choice option mandate" for the State Health Benefits Plan. By removing the mandate the state plans to reduce the current 17 plans being offered to 8 plans. The streamlining of options to state employees would lower costs to administrate the state health benefit plan. - Authored By: Rep. Allen Peake of the 137th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1374 - Clinch County State Court; abolish
- BILL SUMMARY: A Bill to abolish the State Court of Clinch County and to provide that all cases and matters pending in that court shall be transferred to the Superior Court of Clinch County on January 1, 2009. - Authored By: Rep. Jay Shaw of the 176th - Committee Action: Do Pass
Public Safety and Homeland Security
HB 1247 - State and local highway safety programs; surplus property disposition; provide Governor certain authority
- BILL SUMMARY: This bill amends Chapter 10 of Title 40 of the O.C.G.A, relating to formulation and coordination of state and local highway safety programs, so as to provide the Governor certain authority relating to the disposition of surplus property.

40-10-7 shall read: "Notwithstanding the provisions of Code Section 50-5-143, the The Governor is authorized and granted the power to contract and to
exercise any other powers which may be necessary in order to ensure that all departments of the state government and local political subdivisions participate to the fullest extent possible in the benefits available under the National Highway Safety Act of 1966 and similar federal programs of highway safety. The Governor shall formulate standards for highway safety programs for political subdivisions to assure that they meet the criteria of the National Highway Safety Agency and shall institute a reporting system for the local political subdivisions to report the status of their programs to the state." - Authored By: Rep. Jill Chambers of the 81st - Committee Action: Do Pass by Committee Substitute
Public Safety and Homeland Security
HR 534 - Emergency 9-1-1 Assistance Fund; certain revenue dedication; authorize - CA
- BILL SUMMARY: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide dedication of certain revenue derived from fees from the 9-1-1 fee charges on prepaid wireless service subscriptions to the Emergency 9-1-1 Assistance Fund for certain purpose in order to save lives. The resolution will provide that such funds shall not lapse. - Authored By: Rep. John Lunsford of the 110th - Committee Action: Do Pass
Public Safety and Homeland Security
SB 202 - Mattie's Call Act; revise/redesignate Article 7
- BILL SUMMARY: A bill that amends Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management. This will revise and redesignate Article 7. Article 7 relates to state-wide alert systems for missing disables adults and for unapprehended murder or rape suspects. New articles will be added in Chapter 3 of Title 35 of the Official Code of Georgia Annotated relating to the Georgia Bureau of Investigation. The new article will be known as "Mattie's Call Act". - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass
Public Safety and Homeland Security
SB 373 - Peace Officers; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements
- BILL SUMMARY: This bill amends Chapter 8 of Title 35 of the O.C.G.A, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officer's certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment.
Code Section 35-8-7.1, relating to the authority of the Peace Officer Standards and Training council to refuse certification of or discipline peace officers, by adding a new subsection to read as follows:
"(d) Upon arrest or indictment of a peace officer for any crime which is punishable as a felony, the executive director of the council shall order the emergency suspension of such officer's certification upon the executive director's determination that the suspension is in the best interest of the health, safety, or welfare of the public. The order of emergency suspension shall be made in writing and shall specify the basis for the executive director's determination. Following the issuance of an emergency suspension order, proceedings of the council in the exercise of its authority to discipline any peace officer shall be promptly scheduled as provided for in Code Section 35-8-7.2. The emergency suspension order of the executive director shall continue in effect until issuance of the final decision of the council or such order is withdrawn by the executive director."
Code Section 35-8-8, relating to requirements for appointment or certification of persons as peace officers, is revised as follows: "(a) Any person employed or certified as a peace officer shall:
(1) Be at least 18 years of age; (2) Be a citizen of the United States; (3) Have a high school diploma or its recognized equivalent; (4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council; (7) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercising the powers or duties of a peace officer; and (8) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with

state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11.
(b) Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of this Code section."
Code Section 35-8-24, relating to the training requirements for jail officers and juvenile correctional officers, is amended in subsection (c) as follows:
"(c) Applicants and persons certified under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all requirements of a peace officer, except the requirements of paragraph (8) of subsection (a) of Code Section 35-8-8 and peace officer training requirements applicable to peace officers only." - Authored By: Sen. Jack Murphy of the 27th - Committee Action: Do Pass
Regulated Industries
HB 516 - Alcoholic beverages; flavored malt beverage; define; change certain provisions
- BILL SUMMARY: This bill amends Title 3 of O.C.G.A. relating to alcoholic beverages. This legislation: Defines the term "flavored malt beverage". Clarifies that the records must be available for inspection and specifies the format and the location in which such records must be kept. Changes the day on which a wholesaler must remit state taxes from the 10th to the 15th day of the following month after alcoholic beverages were disposed or sold. Requires a wholesaler to remit local taxes on the 10th day of the following month after alcoholic beverages were disposed or sold. Authorizes the commissioner to create rules and regulations regarding the method of recording payments of excise taxes. Declares that any distilled spirits possessed, sold or offered for sale by a retailer which were obtained from a person other than a wholesaler would be considered contraband. - Authored By: Rep. Steve Tumlin of the 38th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 405 - Income tax credit; qualified low-income buildings; change certain provisions
- BILL SUMMARY: HB 405 modifies Georgia's Low Income Housing Tax Credit program to expand the eligible class of buyers of the credits with the intent of expanding the market and increasing the price of the tax credits, which would increase the equity available for low income housing development. Under the program, tax credits are allocated by DCA to owners of affordable housing projects. State tax credit investment partnerships invest money in these housing projects and receive the 10 year stream of credits. Under current law, the investment partnerships may only allocate the state tax credits to Georgia state taxpayers who are the partners in the investment partnership, and once allocated these credits cannot be transferred. HB 405 would allow investors in a project to transfer the state tax credits to other investors in the project, which will allow investors to more easily acquire credits one year at a time, and allow a federal tax deduction for states taxes paid by the credit. The total amount of credits awarded each year is currently subject to a cap, and this bill does not change this cap. - Authored By: Rep. Charles E. Martin of the 47th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 670 - Income tax credit; wood residuals; provide
- BILL SUMMARY: HB 670 is intended to encourage the development of renewable energy from biomass. This legislation provides a market for wood residuals which would otherwise be burned or fill up landfills by offering an income tax credit to taxpayers that transport or divert wood residuals to a renewable biomass qualified facility in an amount to be determined on a per tonnage basis. The facility will provide vouchers to the taxpayer for the purpose of providing bioelectric power to a third party. This credit will be repealed on January 1, 2013, and in no event can the cumulative total amount of credits exceed $6.5 million. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 900 - Local option sales tax proceeds; distribution; change provisions
- BILL SUMMARY: HB 900 is intended to apply only to south Fulton County only. It provides that local option sales tax revenues may be allocated to qualified service districts in such county to fund services provided to residents or properties located within the service district. - Authored By: Rep. Roger Bruce of the 64th - Committee Action: Do Pass
Ways & Means
HB 959 - Excise tax; rooms, lodgings, and accommodations; provisions
- BILL SUMMARY: HB 959 provides that the aggregate amount of all excise taxes and sales taxes on the furnishing for value to the public of any room, lodging, or accommodations shall not exceed 15% with respect to a taxable event. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
Ways & Means
HB 1178 - Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption
- BILL SUMMARY: HB 1178 extends a state sales tax exemption for gas or other fuel used in a structure where swine are raised. The exemption is set to expire on June 30, 2008, and this exemption extends the expiration to June 30, 2010. - Authored By: Rep. Ellis Black of the 174th - Committee Action: Do Pass
Ways & Means
HB 1244 - Income tax credit; teleworking; extend time period
- BILL SUMMARY: HB 1244 provides for the extension of an income tax credit for expenses incurred by employers to allow their employees to telework through 2010 and 2011. The credit is equal to 100% of the expenses incurred if the employee is required to telework at least 12 days per month and if the employer's place of business is located in an area designated as nonattainment under the federal Clean Air Act by the United States Environmental Protection Agency. For telework agreements requiring participating employees to telework at least 12 days per month, but where the place of business is not in a nonattainment area, the credit shall be equal to 75% of expenses. For agreements requiring employees to telework at least five days per month, the credit shall be equal to 25% of expenses. Currently, this credit is only available in tax years 2008 and 2009. HB 1244 extends this credit to 2010 and 2011, and also increases the annual aggregate cap on these credits for these two additional years from $2 million to $2.5 million. - Authored By: Rep. Charles E. Martin of the 47th - Committee Action: Do Pass
Ways & Means
HB 1249 - Income tax credit; solar energy technology manufacturing facilities; provide
- BILL SUMMARY: HB 1249 provides for income tax credits for solar energy companies that establish a headquarters in Georgia, or expand an existing headquarters in Georgia. They may receive a credit equal to $5,500 annually per new employee for five years, a credit equal to 15% of certain expenditures on manufacturing equipment, and a credit equal to 75% of certain research expenditures. The aggregate total of these credits may not exceed $1 million per year, and these credits will be repealed on January 1, 2010. - Authored By: Rep. Jeff Lewis of the 15th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 1274 - Income tax credit; real property donations; change certain provisions
- BILL SUMMARY: This legislation makes changes to our income tax credits for donations of conservation property. Currently, the fair market value of the property for purposes of the credit is determined by the local tax assessor. This legislation allows for the definition of "fair market value" as the value determined by a federally qualified appraisal. The legislation also provides that the federal government may be a qualified donee of the property, and provides that if the donation is effected by a sale of property for less than fair market value, that the amount of the credit will be 25% of the difference between the sale price and the fair market value. The bill also provides for penalties for substantial valuation misstatements. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass

Ways & Means
HB 1276 - Sales and use tax; joint county and municipal; qualified service districts; define
- BILL SUMMARY: HB 1276 authorizes the governing authority of Cherokee County to allocate LOST revenues to qualified service districts in such county to fund services provided to residents or properties located within the service district. The intent of this legislation is to recognize that certain county governing authorities provide county services that are established to serve residents and properties within a service district in a manner similar to the manner in which cities provide services not otherwise provided by the county to residents and properties within the city borders. - Authored By: Rep. Sean Jerguson of the 22nd - Committee Action: Do Pass by Committee Substitute
Ways & Means
HR 1120 - State's power; annually levy ad valorem tax; tangible property; eliminate - CA
- BILL SUMMARY: HR 1120 proposes to amend the Constitution to eliminate the state portion of the property tax, which is one quarter of one mill, except for when needed for defending the state in an emergency. - Authored By: Rep. Jim Cole of the 125th - Committee Action: Do Pass by Committee Substitute
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

7:30 AM 8:00 AM 8:00 AM 9:00 AM 8:00 AM 9:00 AM 9:00 AM 10:00 AM 12:00 PM 1:30 PM 2:00 PM 4:00 PM 2:00 PM 3:30 PM 2:00 PM 3:00 PM 3:00 PM 5:00 PM 4:00 PM 6:00 PM

Thursday, March 6, 2008 Resource Management Subcommittee of Natural Resources SCIENCE & TECHNOLOGY NATURAL RESOURCES & ENVIRONMENT RULES Judiciary Subcommittee (Tumlin) WAYS & MEANS HEALTH & HUMAN SERVICES HIGHER EDUCATION TRANSPORTATION Subcommittee of Appropriations Human Resources

606 CLOB 506 CLOB 606 CLOB 341 CAP 605 CLOB 506 CLOB 606 CLOB 406 CLOB 406 CLOB 403 CAP

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