Daily report [Feb. 10, 2011]

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(404) 656-5050 or (404) 656-0305

TOMORROW'S FORECAST
* The House will reconvene for its 14th Legislative Day on Tuesday, February 15, at 10:00 AM. * 1 bill is expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Thursday, February 10, 2011
TODAY ON THE FLOOR

13th Legislative Day

RULES CALENDAR
HB 77 - Supplemental appropriations; State Fiscal Year July 1, 2010 - June 30, 2011
- BILL SUMMARY: House Bill 77 amends the Fiscal Year 2011 budget for the State of Georgia based on an estimated revenue of $18,052,709,014. - Authored By: Rep. David Ralston of the 7th - House Committee: Appropriations - Rule: Modified-Open - Yeas: 136; Nays: 29
* The House will reconvene Tuesday, February 15, at 10:00 AM, for its 14th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 14th Legislative Day, Tuesday, February 15, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 46 - Uniform Interstate Depositions and Discovery Act; enact
- BILL SUMMARY: This bill would replace Article 6 of the Evidence Code relating to securing the attendance of witnesses and production and preservation of evidence known as the "Uniform Foreign Depositions Act" and replace it with the "Uniform Interstate Depositions and Discovery Act."
The bill provides definitions, and the new Uniform Act contained in HB 46 permits a domestic subpoena to be issued upon presentation of a foreign subpoena to the clerk of court. Unlike the current Uniform Act, the new proposed act would not only apply to depositions but also to all types of discovery. - Authored By: Rep. Mike Jacobs of the 80th - House Committee: Judiciary - House Committee Passed: 2/8/2011 - Rule: Open
* The Rules Committee will next meet on Tuesday, February 15, at 9:00 AM, to set the Rules Calendar for the 15th Legislative Day.
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COMMITTEE ACTION REPORT
Education
HB 130 - Career and Technical Education Advisory Commission; meetings; change certain provisions
- BILL SUMMARY: House Bill 130 changes the provisions relating to the Career and Technical Education Advisory Commission meetings. It is stated that they shall meet at least once annually. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass
Higher Education
HB 60 - Education; service cancelable loan; State Veterinary Education Board; provisions
- BILL SUMMARY: The legislation amends Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to a service cancelable loan fund and authorized types of service cancelable loans.
The bill provides for the creation of a State Veterinary Education Board, which would consist of five members: the Commissioner of Agriculture or his or her designee, the dean of the College of Veterinary Medicine of the University of Georgia or his or her designee, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia or his or her designee, a person actively engaged in the production of livestock in this state who would be appointed by the Governor, and a person who is actively engaged in the private practice of veterinary medicine in this state and whose practice includes but is not necessarily limited to food animals, also to be appointed by the Governor. The primary goal of the bill is to increase the number of large animal/food animal veterinarians in the state. The newly created Board would enter into loan purchase agreements with no more than five people per year. The applicants must be residents of Georgia for educational purposes, must have completed a program of study in the field of doctor of veterinary medicine or its equivalent, and must be authorized to practice veterinary medicine in this state. The applicant shall receive a loan purchase at a rate equivalent to $20,000.00 per 12 months of service, with no loan purchase agreement exceeding a total of $80,000.00 per person. - Authored By: Rep. Gene Maddox of the 172nd - Committee Action: Do Pass
Human Relations & Aging
HB 52 - Disabled persons with service dog; schools, colleges, and universities; add provisions
- BILL SUMMARY: This legislation amends the Georgia Code as it relates to the rights of disabled persons by specifically granting access to service or guide dogs in public and private schools, colleges and universities. Further, it prohibits the requirement of any extra deposit for a disabled person to be accompanied by said dog in any place where they are allowed. The Code Section has also been amended by eliminating the term "seeing eye dog," and referring to either a guide dog, for persons who are visually disabled or blind, or service dog for persons who are physically disabled and/or deaf. - Authored By: Rep. Timothy Bearden of the 68th - Committee Action: Do Pass
Judiciary
HB 30 - Contracts; illegal or void; repeal certain code sections
- BILL SUMMARY: Background: The General Assembly passed HB 173 during its 2009 legislative session which was contingently effective on the passage of a constitutional. amendment. The constitutional amendment was enacted by the General Assembly in 2010 in HR 178 and ratified by the voters in November 2010. Because of the stated effective date of HB 173, some have questioned the validity of the legislation. Therefore, HB 30 removes the uncertainty by reenacting the substantive provisions of HB 173.
Summary: This bill amends Chapter 8 of Title 13 of the OCGA by (1) repealing subsection (a) of Code Section 13-8-2 relating to contracts contravening public policy which are not enforced and (2) repealing 13-8-2.1 relating to contracts in partial restraint of trade.
The bill then adds new code sections to define terms and allow for the enforcement of reasonable restrictive covenants in employment and commercial contracts. The idea behind the legislation is that this will encourage commercial enterprises to come to Georgia thereby creating jobs for Georgia citizens and helping the economy.
Section 13-8-53:Covenants restricting activities that are the same as or similar to those activities performed for the employer are enforceable. There need not be any reference to geographic area or specific products or services.

The bill provides that prohibitions against soliciting business from customers are narrowly construed to apply only to the business's customers with whom the employee had material contact, and only to competing products and services.
The bill further provides that good faith covenants that include extraneous activities, products, services or areas shall be construed to cover only so much as relates to the actual activities, products, services and areas with which the former employee was involved. This subsection further provides model language to include in covenants.
The bill further provides that a court may modify an otherwise unenforceable covenant to make it enforceable, so long as the modification does not render the covenant more restrictive on the employee.
Section 13-8-54 provides that the court shall construe a restrictive covenant to comport with its intent, and that the court may modify the restraint provision to grant only the relief necessary to protect the interest.
Section 13-8-55 provides for the burden of proof.
Sections 13-8-56 and 13-8-57 provide for presumptions in determining the reasonableness of the restrictive covenant. Section 13-8-56 covers the presumptions made of a restrictive covenant that limits/restricts competition during the course of an employment or business relationship and 13-8-47 limits/restricts after a term of employment.
Section 13-8-58 allows third party beneficiaries to enforce covenants. - Authored By: Rep. Wendell Willard of the 49th - 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

9:30 AM - 12:00 PM
TBD 9:00 AM - 10:00 AM 1:00 PM - 2:00 PM 1:30 PM - 2:30 PM 2:00 PM - 3:00 PM 2:30 PM - 3:30 PM 3:00 PM - 4:00 PM 3:30 PM - 4:30 PM

Friday, February 11, 2011 JUDICIARY NON-CIVIL
Saturday, February 12, 2011 : No Meetings Today
Sunday, February 13, 2011 : No Meetings Today
Monday, February 14, 2011 : No Meetings Today
Tuesday, February 15, 2011 FLOOR SESSION (LD 14) RULES Setzler Subcommittee of Judiciary Non-Civil GOVERNMENTAL AFFAIRS CHILDREN & YOUTH Academic Support Subcommittee of Education STATE INSTITUTIONS & PROPERTY INTRAGOVERNMENTAL COORDINATION

132 CAP
House Chamber 341 CAP 132 CAP 406 CLOB 403 CAP 515 CLOB 415 CLOB 403 CAP

* This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule please visit the General and click on House Meetings.

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