Daily report [Feb. 15, 2011]

FOR ADDITIONAL INFORMATION, Please contact:
(404) 656-5050 or (404) 656-0305

TOMORROW'S FORECAST
* The House will reconvene for its 15th Legislative Day on Wednesday, February 16, at 10:00 AM. * 4 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Tuesday, February 15, 2011
TODAY ON THE FLOOR

14th Legislative Day

RULES CALENDAR
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 - Rule: Open - Yeas: 161; Nays: 0
* The House will reconvene Wednesday, February 16, at 10:00 AM, for its 15th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 15th Legislative Day, Wednesday, February 16, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 40 - Chief's Law; enact
- BILL SUMMARY: This act shall be known as "Chief's Law." The act mandates for manufacturers, packagers, distributors, recyclers or sellers of antifreeze which is manufactured after July 1, 2012, and contains more than 10 percent ethylene glycol to include denatonium benzoate at a minimum of 30 and maximum of 50 parts per million as an aversive agent to render the antifreeze unpalatable. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Judiciary - House Committee Passed: 2/8/2011 - Rule: Modified-Open
HB 41 - Superior court fees; appellate record and transcript; change; provisions
- BILL SUMMARY: The bill will change some fees charged by superior court clerks for an appellate record and transcript.

The committee sub also changes the fee charged for the preparation of an appellate record in a criminal case involving a capital felony.
The fee for an appellate record and transcript would change from $10 to $1 per page, and the fee for an appellate record in a capital felony case would change from $5 to $1 per page.
The committee substitute added a new Section 1 which would amend subsection (b) of Code section 5-6-43 relating to records of appeal by court clerks to furnish a copy of the record of appeal at not cost to the Attorney General for capital felony cases.
If the bill becomes law, the above provisions would apply retroactively to all cases for which fees have not been assessed.
In addition, the bill would exempt notaries from the Judicial Operations Fund Fee. - Authored By: Rep. Richard H. Smith of the 131st - House Committee: Judiciary - House Committee Passed: 2/8/2011 - Rule: Modified-Structured
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 - House Committee: Human Relations & Aging - House Committee Passed: 2/10/2011 - Rule: Modified-Open
HB 112 - Motor carriers; financial responsibility compatible with federal regulations; provisions
- BILL SUMMARY: HB 112 amends Title 40 of the Official Code of Georgia Annotated, so as to ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations. Further, it changes certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations. - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - House Committee Passed: 2/9/2011 - Rule: Modified-Structured
* The Rules Committee will next meet on Wednesday, February 16, at 09:00 AM, to set the Rules Calendar for the 16th Legislative Day.
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COMMITTEE ACTION REPORT
Governmental Affairs
HB 92 - Elections; in-person absentee balloting; provide limitations
- BILL SUMMARY: HB 92 changes the number of days early voting is available. Under this bill, advance voting shall commence on the fourth Monday immediately prior to each primary or election and as soon as possible prior to a runoff and shall end on the Friday immediately prior to each primary, election, or runoff. Further, hours of operation shall be conducted during normal business hours on weekdays during such period and shall be conducted on the second Saturday prior to a primary or election during the hours of 9:00 A.M. through 4:00 P.M. Except as otherwise provided in this paragraph, counties and municipalities may extend the hours for voting beyond regular business hours and may provide for additional voting locations pursuant to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their option. - Authored By: Rep. Mark Hamilton of the 23rd - Committee Action: Do Pass by Committee Substitute

Governmental Affairs
HB 232 - Lobbyists; commission salesperson not required; prohibition not apply
- BILL SUMMARY: HB 232 seeks to fix an unintended consequence created by SB 17 that was passed in 2010. It removes the requirement that a bona fide commission sales person that sales to the state or its political subdivisions, register as a lobbyist. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute
Higher Education
HB 59 - Lawful presence verification; postsecondary education; reserve benefits
- BILL SUMMARY: The legislation amends Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to the verification of lawful presence within the United States, so as to clarify that postsecondary education is a state and local public benefit that is reserved for citizens and lawfully present and eligible aliens.
The bill requires verification of the eligibility for such applicants for postsecondary education benefits through the federal SAVE program (Systemic Alien Verification for Entitlements), which is operated by the United States Department of Homeland Security, and further clarifies that policies of agencies or political subdivisions regarding postsecondary education benefits shall comply with federal law as described in 8 U.S.C. Section 1623. This U.S.C. Section stipulates that an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a state for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit without regard to whether the citizen or national is such a resident. - Authored By: Rep. Tom Rice of the 51st - Committee Action: Do Pass
Intragovernmental Coordination
HB 193 - Union County; chief magistrate elections; provide
- BILL SUMMARY: A Bill to provide for the non-partisan election of the Chief Magistrate of Union County. - Authored By: Rep. Stephen Allison of the 8th - Committee Action: Do Pass
Intragovernmental Coordination
HB 194 - Union County; probate court judge elections; provide
- BILL SUMMARY: A Bill to provide for the non-partisan election of the Probate Judge of Union County. - Authored By: Rep. Stephen Allison of the 8th - Committee Action: Do Pass
Transportation
HB 137 - Transportation, Department of; change multiple provisions
- BILL SUMMARY: This legislation amends several different Code sections relating to the Georgia Department of Transportation. It removes the bond requirement for the Director of Planning and states that when a Governor's term expires, the current director of planning shall remain until the new Governor appoints a replacement. If the new Governor doesn't appoint a new director of planning, the current director is still subject to confirmation by the House and Senate Transportation Committees. Requires only public roads which are open to public travel be maintained on state maps and written records.
Regarding asbestos pipe in utility facilities, a request for abandonment must be filed with the department if the facility is on the right of way. The entity doesn't relinquish ownership of the facility though it is deemed abandoned and out of service. If the facility is part of a project or is in conflict with any other operation of the department on the rights of way, then it is removed by the department in accordance with federal laws. If the entity fills with grout or leaves untouched and a new facility request qualifies as part of a project of the department then the entity must remove it according to federal guidelines. Costs related to the entity's decision are no longer offset by the department.
Counties and municipalities will now be required to include an approved digital file with the notification of a new road. The bill also amends OCGA to prohibit GDOT employees from allowing anyone to see or get a copy of an accident report when that person knows it's for commercial solicitation purposes. Any written requests to the department shall include the requestor's name, address, and intended use of the report detailed enough to prove that it's not for commercial solicitation. When reporting annexations, reports must include a list of roadways, bridges, and rights of way annexed and if necessary, the total mileage annexed. In the event that the department wants to develop where a cemetery is located, the department only has to get a permit if the development will cause the relocation of human remains.
In section 10, the Code is amended to allow GDOT to allow for third party designees to collect fees for accident reports. Section 11 states that law enforcement agencies with more than 500 reports a year must transmit information electronically if the department has

approved the reporting agency for the electronic reporting method. This section also allows DOT to use a third party to fulfill its responsibilities under this Code section. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass by Committee Substitute
Transportation
HB 179 - State highway system; permits for legally erected signs; change provisions
- BILL SUMMARY: Current law allows billboard operators the ability to thin vegetation along a 500' roadside 500' fence line area in public right of way. HB 179 allows for a small window 250' fence line 350' provided operators lower signs to no higher than 75 feet, creating a quick, but clear view of sign. Operators pay full mitigation costs so any vegetation removed is replaced elsewhere. Adopts quick take provisions for illegal signs, provides incentives for the removal of illegal and nonconforming signs (at no cost to State), adopts obscenity standards on static boards, and allows locals to decide where or if billboards exist in their communities. - Authored By: Rep. Jon G. Burns of the 157th - 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

TBD 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 9:00 AM - 10:00 AM 9:00 AM - 10:00 AM 1:30 PM - 2:30 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 4:00 PM 2:00 PM - 3:00 PM 2:30 PM - 3:30 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 PM 3:00 PM - 4:00 PM

Wednesday, February 16, 2011 FLOOR SESSION (LD 15) SCIENCE & TECHNOLOGY AGRICULTURE & CONSUMER AFFAIRS REGULATED INDUSTRIES RULES ENERGY, UTILITIES & TELECOMMUNICATIONS Ramsey Subcommittee of Judiciary Non-Civil RETIREMENT LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT Elections Subcommittee of Governmental Affairs DEFENSE & VETERANS AFFIARS Academic Achievement Subcommittee of Education HEALTH & HUMAN SERVICES BUDGET & FISCAL AFFAIRS OVERSIGHT PUBLIC SAFETY & HOMELAND SECURITY

House Chamber 506 CLOB 403 CAP 515 CLOB 341 CAP 406 CLOB 132 CAP 403 CAP 606 CLOB 506 CLOB 415 CLOB 406 CLOB 606 CLOB 403 CAP 515 CLOB

* 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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