Daily report [Feb. 28, 2011]

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TOMORROW'S FORECAST
* The House will reconvene for its 21st Legislative Day on Tuesday, March 1, at 10:00 AM. * 4 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Monday, February 28, 2011
TODAY ON THE FLOOR

20th Legislative Day

RULES CALENDAR
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, re-codifies 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 - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 162; Nays: 5
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 41-27(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 primafacie 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 - House Committee: Judiciary - Rule: Modified-Open - Yeas: 148; Nays: 21
HB 98 - Macon-Bibb, Georgia; provide unified government
- BILL SUMMARY: A Bill to provide a unified form of government for the City of Macon and Bibb County and to provide for its powers and duties. - Authored By: Rep. Allen Peake of the 137th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 149; Nays: 9

HB 116 - Public Service Commission; procedure for stocks or other debt; provide certain exemption
- BILL SUMMARY: This legislation allows telecommunications companies, under the jurisdiction of the Public Service Commission, to conduct interstate financing transactions without prior approval from the Commission. - Authored By: Rep. Don Parsons of the 42nd - House Committee: Energy, Utilities & Telecommunications - Rule: Modified-Open - Yeas: 158; Nays: 6
HB 162 - Sexual offender registry; photograph minor without parent permission; prohibit
- BILL SUMMARY: The bill clears some ambiguity in legislation that was passed during the 2010 legislative session related to the sex offender registration.
The bill clarifies the Code section relating to photographing a minor child without the consent of the parent or guardian. Currently, it is a crime for any person to intentionally photograph a minor without parental or guardian consent. The bill limits the crime to only prohibit persons who are registered sex offenders. - Authored By: Rep. Ann Purcell of the 159th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 165; Nays: 1
HB 238 - Legal defense for indigents; powers and duties of council; change provisions
- BILL SUMMARY: This bill revises the management structure for the legal defense of indigents to increase the accountability of Georgia's public defender system.
Section 1 revises Code section 17-12-4(a), relating to the authority of the Georgia Public Defender Standards Council ("council"), by removing (1) the council's authority to hire administrative and clerical personnel and (2) the council's other powers as may be necessary to fulfill its purposes.
Section 2 amends Code section 17-12-5 relating to the director and director's responsibilities.
The director will be both appointed and removed by the council, subject to the approval of the governor.
This Code section allows the director to take certain actions without the council's approval. For example, it allows the director to hire a director of the division of the office of mental health advocacy without approval of the council.
Section 3 revises Code section 17-12-7(d) relating to council members and their responsibilities.
As originally introduced, this Code section requires a majority of the entire council to approve the appointment or removal of the chairperson for cause, for annual approval of an alternative delivery system, and other matters as set forth in Code section 17-12-36. The committee substitute strikes the "removal" and "for cause" language. Thus, the committee substitute for HB 238 requires a majority of the entire council to approve the appointment of the chairperson, for annual approval of an alternative delivery system, and other matters as set forth in Code section 17-12-36.
As originally introduced, the vote of two-thirds of the entire council is required to remove the chairperson of the council without cause or to overturn the director's decision regarding the removal of a circuit public defender. The HB 238 committee substitute strikes the "without cause" language. Thus, a two-thirds vote of the entire council is required to remove the chairperson of the council.
HB 238 committee substitute added Section 4. Section 4 provides the council the power to approve and implement programs, services and policies which it will make available to the public. However, the power to implement rules, procedures and regulations will be with the director.
HB 238 committee substitute also added Section 5 which revises Code Section 17-12-9 relating to continuing legal education for public defenders and staff. This section keeps the Code consistent.
Section 6 amends Code section 17-12-10(c), relating to annual reporting, by requiring the director to provide its annual report to the General Assembly, the Supreme Court, and the Governor.
Section 7 amends Code section 17-12-10.1(f), relating to the legislative oversight committee, by requiring the committee to make an annual report of its activities and findings to the membership of the General Assembly, the Chief Justice of the Supreme Court, and the Governor.
Section 9 revises Code section 17-12-20 relating to the public defender selection panel for each circuit and the

appointment of the circuit public defender.
This Code section creates a circuit public defender supervisory panel to be composed of three members in each judicial circuit.
The committee substitute provides that the circuit public defender supervisory panel will nominate up to five (original bill had 3) people to serve as the circuit public defender in the circuit. The director will select the circuit public defender from the panel's list of nominees.
This Code section allows the director to remove a circuit public defender for cause. The circuit public defender may appeal the decision to remove to the council. A vote of two-thirds of the members of the entire counsel may overturn the director's decision.
The circuit public defender supervisory panels must convene annually to review the circuit public defender's job performance and the performance of the circuit public defender's office.
Section 10 revises 17-12-22 by requiring the director, with input from the council, to establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest.
The committee substitute also adds Sections 11-14 to keep the Code consistent. - Authored By: Rep. Rich Golick of the 34th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 159; Nays: 3
LOCAL CALENDAR
HB 313 - Chatsworth, City of; annexation of certain territory; provide
- BILL SUMMARY: A Bill to change the corporate limits of the City of Chatsworth. - Authored By: Rep. Tom Dickson of the 6th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 160; Nays: 0
HB 330 - Doraville, City of; Redevelopment Powers Law; provide
- BILL SUMMARY: A Bill to authorize the City of Doraville to exercise all redevelopment powers as permitted under the State Constitution and the Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Elena Parent of the 81st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 160; Nays: 0
SB 16 - Lowndes County; provide for a board of commissioners; powers and composition
- BILL SUMMARY: A Bill to reapportion the districts of the Lowndes County Board of Commissioners and to provide for its powers and duties. - Authored By: Sen. Tim Golden of the 8th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 160; Nays: 0
* The House will reconvene Tuesday, March 1, at 10:00 AM, for its 21st Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 21st Legislative Day, Tuesday, March 1, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 80 - Annexation of territory; unincorporated islands; repeal
- BILL SUMMARY: HB 80 repeals the law allowing unrestricted annexation of unincorporated islands by municipal governments. - Authored By: Rep. Mark Hamilton of the 23rd - House Committee: Governmental Affairs - House Committee Passed: 2/23/2011 - Rule: Modified-Structured
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 - House Committee: Education - House Committee Passed: 2/17/2011 - Rule: Modified-Structured
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 with an exception for children 4'9" or taller. - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - House Committee Passed: 2/17/2011 - Rule: Modified-Structured
HR 95 - Conveyance of certain property; Appling, Burke, Toombs, Upson, and other counties; authorize
- BILL SUMMARY: This Resolution authorizes the exchange, leasing, conveyance, or sale of certain state owned real property in Appling, Burke, Calhoun, Carroll, Colquitt, DeKalb, Fulton, Haralson, Lowndes, Monroe, Stephens, Toombs, and Upson counties. - Authored By: Rep. Jay Neal of the 1st - House Committee: State Institutions & Property - House Committee Passed: 2/22/2011 - Rule: Modified-Structured
* The Rules Committee will next meet on Tuesday, March 1, at 9:00 AM, to set the Rules Calendar for the 22nd Legislative Day.
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COMMITTEE ACTION REPORT
Judiciary Non-Civil
HB 87 - Illegal Immigration Reform and Enforcement Act of 2011; enact
- BILL SUMMARY: This legislation, known as the "Illegal Immigration Reform and Enforcement Act of 2011," reforms Georgia's immigration laws by adding new Code sections and revising existing Code sections. The provisions are intended to be implemented in a manner which is consistent with federal laws governing immigration and civil rights. Generally, the legislation will: provide definitions; provide a private cause of action for enforcement of provisions relating to the prevention of illegal immigration; require employers to use an employment eligibility verification system and provide for civil penalties; provide for offenses involving illegal aliens; provide authority for law enforcement officers to enforce federal immigration laws under certain circumstances and provide immunity for such officers subject to limitations; modify provisions related to training peace officers for enforcement of immigration and custom laws; establish grant funding for local law enforcement agencies to enter into agreements with federal agencies for enforcement of immigration law; provide for identification cards by applicants for public benefits; and enact the "Secure and Verifiable Identity Document Act" The committee substitute also adds the offense of aggravated identity fraud. - Authored By: Rep. Matt Ramsey of the 72nd - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 237 - Residential mortgage fraud; mortgage lending process; revise definition
- BILL SUMMARY: This legislation expands the definition of mortgage lending process and provides the Attorney General and district attorneys with investigative and subpoena powers to enforce the prohibition on mortgage fraud.
Section 1 expands the definition of mortgage lending process to include (1) the execution of deeds under the power of sale and (2) the execution of assignments vesting the secured creditor with title to the security instrument.
Section 2 provides the Attorney General or any district attorney with the authority to issue a subpoena to compel the production of any books, papers, documents, or tangible things in any investigation involving fraudulent real estate transactions.
If a person fails to obey the subpoena without a lawful excuse, then the Attorney General or district attorney may apply to a superior court for an order compelling compliance. The subpoenaed party may object to the subpoena, but a failure to obey a subpoena issued under this Code section may be punished as contempt of court. - Authored By: Rep. Rich Golick of the 34th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 127 - Special license plates; amateur radio operators; provide
- BILL SUMMARY: HB 127 provides that motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles shall be issued, free of charge, a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. The substitute that was adopted adds $20.00 manufacturing fee for these tags. - Authored By: Rep. Doug Holt of the 112th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 205 - Georgia Lemon Law; consumer; define term
- BILL SUMMARY: HB 205 provides that any state or local government agency which purchases or leases a new motor vehicle for official use will be considered a "consumer" under Georgia's "Lemon Law", and thereby afforded all its protections. - Authored By: Rep. Tom Dickson of the 6th - Committee Action: Do Pass

Motor Vehicles
HB 224 - Motor vehicle registration; off-road recreation vehicles; provide
- BILL SUMMARY: HB 224 provides that off-road recreation vehicles be registered with the Department of Revenue. Further, it provides that any person violating the provisions of this article shall be subject to a civil fine not to exceed $300.00; provided, however, for any owner or operator who is under 16 years of age, such fine shall be assessed against a parent or legal guardian of such person. The substitute adopted to this bill makes the provisions only apply to ORV's operating on state owned or leased land. - Authored By: Rep. Amos Amerson of the 9th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 253 - Public Safety, Department of; sell or trade surplus vehicles; allow
- BILL SUMMARY: HB 253 allows the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles. - Authored By: Rep. Doug Collins of the 27th - Committee Action: Do Pass
Motor Vehicles
HB 269 - Drivers' licenses; provide definitions; background checks; provisions
- BILL SUMMARY: HB 269 is the annual "house keeping" bill for the Department of Driver's Services. - Authored By: Rep. Tom Rice of the 51st - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 309 - Scrap vehicles; change value; provisions
- BILL SUMMARY: HB 309 changes the value of a motor vehicle that can be scrapped without transferring the title from $750.00 to $850.00. Further, it requires the Department of Revenue to develop a centralized database for the storage of scrapped vehicle information. Finally, scrap yard operators have 48 hours to electronically report vehicle information to DOR. - Authored By: Rep. Tom Rice of the 51st - 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 9:00 AM - 10:00 AM 1:30 PM - 3:00 PM 2:00 PM - 4:00 PM 2:00 PM - 4:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 PM 3:00 PM - 4:30 PM 3:30 PM - 4:30 PM 4:00 PM - 5:00 PM 4:00 PM - 5:00 PM

Tuesday, March 01, 2011 FLOOR SESSION (LD 21) RULES Academic Innovations Subcommittee of Education ECONOMIC DEVELOPMENT & TOURISM Appropriations Economic Development Subcommittee LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT CHILDREN & YOUTH TRANSPORTATION WAYS & MEANS HIGHER EDUCATION Setzler Subcommittee of Judiciary Non-Civil Environmental Quality Subcommittee of Natural Resources & Environment HUMAN RELATIONS & AGING Telecom Subcommittee of Energy, Utilities and Telecommunications

House Chamber 341 CAP 515 CLOB 341 CAP 406 CLOB- CANCELED 606 CLOB 403 CAP 506 CLOB 606 CLOB 515 CLOB 514 CLOB 403 CAP 515 CLOB 216 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.