Daily report [Feb. 17, 2011]

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TOMORROW'S FORECAST
* The House will reconvene for its 17th Legislative Day on Tuesday, February 22, at 10:00 AM. * 4 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Thursday, February 17, 2011
TODAY ON THE FLOOR

16th Legislative Day

RULES CALENDAR
HB 99 - Nurses; fingerprint record checks for licensure; require
- BILL SUMMARY: This bill requires all applicants for licensure to practice as a Licensed Practical Nurse (LPN) submit to FBI and GBI background checks to include fingerprinting. Any costs associated with the administration of the background check will be borne by the applicant. - Authored By: Rep. Valerie Clark of the 104th - House Committee: Health & Human Services - Rule: Modified-Open - Yeas: 156; Nays: 9
HB 101 - Bicycles; safety; change provisions
- BILL SUMMARY: This bill updates many code sections regarding bicycles, safety equipment and riding. - Authored By: Rep. Doug McKillip of the 115th - House Committee: Public Safety & Homeland Security - Rule: Open - Yeas: 93; Nays: 73
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 - House Committee: Education - Rule: Modified-Open - Yeas: 164; Nays: 0
HB 145 - Georgia Physical Therapy Act; revise a definition
- BILL SUMMARY: House Bill 145 revises the definition of Physical Therapy, as it is defined in the Georgia Physical Therapy Act, by including dry-needling as a form of treatment. - Authored By: Rep. Matt Hatchett of the 143rd - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 164; Nays: 1

LOCAL CALENDAR
HB 207 - Grayson, City of; provide new charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Grayson. - Authored By: Rep. Len Walker of the 107th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 158; Nays: 0
HB 218 - Emerson, City of; ad valorem tax; municipal purposes; provide homestead exemption
- BILL SUMMARY: A Bill to provide a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over and whose income, not including certain retirement income, does not exceed $10,000.00. - Authored By: Rep. Paul Battles of the 15th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 158; Nays: 0
HB 219 - Emerson, City of; ad valorem tax; municipal purposes; provide homestead exemption
- BILL SUMMARY: A Bill to provide a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over. - Authored By: Rep. Paul Battles of the 15th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 158; Nays: 0
HB 220 - Emerson, City of; ad valorem tax; municipal purposes; provide homestead exemption
- BILL SUMMARY: A Bill to provide a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that City. - Authored By: Rep. Paul Battles of the 15th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 158; Nays: 0
HB 221 - Emerson, City of; ad valorem tax; municipal purposes; provide homestead exemption
- BILL SUMMARY: A Bill to provide a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00. - Authored By: Rep. Paul Battles of the 15th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 158; Nays: 0
HB 244 - Arlington, City of; mayor and city manager; provide
- BILL SUMMARY: A Bill to provide for a city manager and to redefine the powers of the mayor in the City of Arlington. - Authored By: Rep. Gerald E Greene of the 149th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 158; Nays: 0
* The House will reconvene Tuesday, February 22, at 10:00 AM, for its 17th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 17th Legislative Day, Tuesday, February 22, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
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 - House Committee: Judiciary - House Committee Passed: 2/10/2011 - Rule: Modified-Open
HB 53 - Detective and security businesses; certified Peace Officer Standard excluded; provide
- BILL SUMMARY: The legislation amends Code Section 43-38-14 of the Official Code of Georgia Annotated, relating to private detective businesses and private security businesses and relating to specific exemptions.
The bill provides that persons certified by the Georgia Peace Officer Standard and Training Council, are excluded from the provisions of O.C.G.A 43-38-14. Current law states that law enforcement officers must go through security officer training to work for a security company. This law will allow POST certified officers to be exempted from the security officer training. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: Regulated Industries - House Committee Passed: 2/9/2011 - Rule: Modified-Structured

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 - House Committee: Governmental Affairs - House Committee Passed: 2/15/2011 - Rule: Modified-Structured
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 - House Committee: Governmental Affairs - House Committee Passed: 2/15/2011 - Rule: Modified-Structured
* The Rules Committee will next meet on Tuesday, February 22, at 9:00 AM, to set the Rules Calendar for the 18th Legislative Day.
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COMMITTEE ACTION REPORT
Education
HB 172 - Education; temporarily extend multiple provisions
- BILL SUMMARY: House Bill 172 extends the sunset date to 2015 in Code Section 20-2-83.3 relating to certain expenditure controls relating to funds earned for direct instructional costs, media center cost, staff and professional development costs, additional days of instruction, maximum class size requirements and deadlines relating to annual teacher contracts. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass
Education
HB 173 - Teachers; expungement of records; revise provisions
- BILL SUMMARY: House Bill 173 revises the provisions relating to professional standards for teachers and the expungment of records. Instead of having the records, requested by the commission, be sealed and labeled, they must now be destroyed in accordance with an established records retention schedule. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass
Education
HB 175 - Online Clearinghouse Act; enact
- BILL SUMMARY: House Bill 175 relating to the "Quality Basic Education Act" to enact the "Online Clearinghouse Act." This Act is a clearinghouse through which local school systems may offer courses to students of other local school systems virtually through computer based programs. The bill also discusses credits the students shall receive, cost of taking the course, and deadlines. - Authored By: Rep. David Casas of the 103rd - Committee Action: Do Pass

Education
HB 192 - State Education Finance Study Commission; evaluate Formula and funding; establish
- BILL SUMMARY: House Bill 192 is relating to the "Quality Basic Education Act" and establishes the State Education Finance Study Commission to evaluate the Quality Basic Education Formula and education funding for public schools. The Commission will be composed of 27 members from different departments, parents, business people, teachers and the General Assembly. Areas in which the commission shall study are: QBE formula, State and local funding partnership, equalization, student transportation, State school funding, capitol outlay, charter schools, career technical and agriculture education, dual enrollment, virtual schools, teacher pay, nonQBE grants and other Title 20 revisions. The bill states the staff support and assistance that will available to the commission from state agencies. Deadlines are in place for the commission to follow with everything being completed by December 31st 2012 with the proposed legislation for final recommendations. Final recommendations shall include prioritization of all recommendations including those that do or do not require a fiscal note. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 24 - Evidence; revise, supersede, and modernize provisions; provide definitions
- BILL SUMMARY: This is an update and rewrite of Georgia's Evidence Code (Title 24). The bill is the result of a State Bar Study Committee, which began in 2005, a joint House/Senate Study Committee that met once weekly over the 2008 interim from July through November, a number of meetings with interested parties to discuss concerns with the version of the bill that passed the Judiciary Civil Committee during the 2009 Session, and a full Judiciary Civil Committee meeting.
This bill largely adopts the Model Rules of Evidence to the extent that the interpretation is consistent with the Georgia Constitution, recodifies into Title 24 all rules and statutes of current law under the same title, and brings Georgia in line with 42 other states that have similarly adopted a version of the Federal Rules of Evidence. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 64 - Attorney fees; validity and enforcement; change provisions
- BILL SUMMARY: The bill would amend Code provisions relating to the payment of attorney fees upon notes or other evidence of indebtedness where such fees are provided for but a specified amount is not set forth in the instrument.
As originally introduced, HB 64 would revise Code section 13-1-11 and give discretion to the courts to set a reasonable amount necessary for asserting the rights of the aggrieved party. However, the committee substitute amends HB 64 by adding two (2) new subsections to Code section 13-1-11.
The first new subsection will provide that in a civil action if the award of attorney's fees provided under the Code section result in an amount greater than $10,000, the party who is required to pay may, prior to the entry of judgment, petition the court for a determination as to the reasonableness of the attorney's fees. The party requesting the attorney's fees will submit an affidavit and the party required to pay may respond. The court has discretion to decide whether the amount to be awarded is reasonable and necessary by hearing or based on the written evidence.
However, the bill will not allow for a civil action to be instituted solely for the purpose of determining the reasonableness of the attorney's fees. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 93 - Code enforcement boards; code enforcement officers; change definition
- BILL SUMMARY: The bill changes the definition of code inspector to reflect the new state and federal designations by professional organizations as a code enforcement officer.
The bill amends Article 2 of Chapter 74 of Title 36 relating to local government code enforcement boards created on or after January 1, 2003, to change references from code inspector to code enforcement officer.
As originally introduced, HB 93 also included a Section 7. Section 7 of the bill would have amended Code Section 41-2-7(b) relating to power of counties and municipalities to repair, close or demolish buildings for health hazard and give code enforcement officers the ability to find that property is a health or safety hazard and that such a finding serves as prima-facie evidence that the property is a health or safety hazard. Section 7 from the original bill was deleted from the committee substitute. - Authored By: Rep. Tom Taylor of the 79th - Committee Action: Do Pass by Committee Substitute

Judiciary
HB 129 - Conveyances; future conveyance of real property; prohibit fee
- BILL SUMMARY: The bill will prohibit a fee in connection with a future transfer of property except under limited circumstances.
The limited circumstances would include a condominium association created under the Georgia Condominium Act, a property owners' association under the Georgia Property Owners' Association Act; or a property owners' association that meets certain notice requirements of the Property Owner's Association Act. - Authored By: Rep. Doug McKillip of the 115th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 114 - Lien foreclosures; abandoned vehicles; file affidavit; set fee
- BILL SUMMARY: This legislation states that no additional fees or moneys shall be added to the cost of filing an affidavit relating to lien foreclosures on abandoned vehicles except where a full hearing is requested and granted. In the case of a hearing being granted, the court is authorized to assess its normal fee for the hearing. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass
Motor Vehicles
HB 279 - Motor vehicles; use of child restraint systems; increase age
- BILL SUMMARY: This legislation raises the age of children who have to be restrained with the use of child safety restraints from six to eight years old. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass
* 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

9:00 AM - 12:00 PM 9:30 AM - 12:00 PM
9:00 AM - 12:00 PM 9:30 AM - 12:00 PM 10:00 AM - 4:00 PM 1:00 PM - 2:00 PM 1:00 PM - 3:00 PM 1:00 PM - 5:00 PM 1:30 PM - 4:30 PM 3:00 PM - 5:00 PM 3:00 PM - 4:30 PM

Friday, February 18, 2011 Appropriations Public Safety Subcommittee JUDICIARY NON-CIVIL
Saturday, February 19, 2011 : No Meetings Today
Sunday, February 20, 2011 : No Meetings Today
Monday, February 21, 2011 Appropriations General Government Subcommittee JUDICAIRY NON-CIVIL Appropriations Human Resources Subcommittee Setzler Subcommittee of Judiciary Non-Civil Appropriations Health Subcommittee Appropriations Public Safety Subcommittee Appropriations General Government Subcommittee Sales Tax Subcommittee of Ways & Means Jacobs Subcommittee (Two) Judiciary Civil

406 CLOB 132 CAP
406 CLOB 132 CAP 606 CLOB 132 CAP 406 CLOB 506 CLOB 415 CLOB 133 CAP 132 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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