Daily report [Mar. 1, 2011]

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

TOMORROW'S FORECAST
* The House will reconvene for its 22nd Legislative Day on Wednesday, March 2, at 10:00 AM. * 8 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Tuesday, March 01, 2011
TODAY ON THE FLOOR

21st Legislative Day

RULES CALENDAR
HB 80 - Annexation of territory; unincorporated islands; repeal
- BILL SUMMARY: HB 80 repeals the law allowing unrestricted annexation of unincorporated islands by municipal governments. It has an effective date of January 1, 2013. - Authored By: Rep. Mark Hamilton of the 23rd - House Committee: Governmental Affairs - Rule: Modified-Structured - Yeas: 163; Nays: 6
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 - Rule: Modified-Structured - Yeas: 168; Nays: 1
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 - Rule: Modified-Structured - Yeas: 129; Nays: 43
HB 326 - HOPE program; comprehensive revisions; provide
- BILL SUMMARY: House Bill 326 revises provisions of the Helping Outstanding Pupils Educationally (HOPE) Scholarship and Grant programs, as well as the `Georgia Lottery for Education Act.'
Section 1 refines the HOPE Scholarship program.
It removes the definitions for advanced degrees, teacher education programs, and critical educator shortage areas, which are related to programs eliminated in Section 8, and updates the accreditation entities able to qualify public and private high schools for eligibility in HOPE programs.
A formula for calculating HOPE awards at public postsecondary schools is set forth to include a "factor rate," or percentage, which will be included in the annual budget Act. The factor rate is used as a multiplier to the "HOPE award rate," defined as the amount based on the previous year's tuition at the school. That amount is then divided by 15, which is the maximum credit hour payment for the amount of the Scholarship. The "HOPE award amount" is the final payment based on the actual number of enrollment hours.

The Georgia Student Finance Commission is authorized to adjust the amount of the prior year's tuition for the "HOPE award rate" if a change in the public institution's mission prompts an increase or decrease.
Quarter system credit rates are paid at 2/3rds the semester rate. Remedial and developmental courses, which a school may require but do not count toward program requirements, do not qualify for the formula. PROMISE, PROMISE II and HOPE teacher's scholarships, as well as mandatory fees, are deleted.
The formula for private postsecondary institutions is based on a "tuition payment" established by the legislature in an appropriations Act. Students enrolled in 6 or more credit hours earn the tuition payment multiplied by the factor rate. Half-time students' awards are half the tuition payment multiplied by the factor rate.
Tuition is defined as the charges for postsecondary academic instruction.
The legislation creates the "Zell Miller Scholar," who in addition to meeting the requirements for attaining the HOPE Scholarship, also graduates from high school or completes a home school program with a 3.7 grade point average, scores a 26 on the ACT or a combined 1200 or better on the math and reading portions of the SAT in a single-sitting. Home school students who maintain a 3.5 grade point average after completing 45 quarter hours or 30 semester hours in their freshman year are eligible for the scholarship to be paid retroactively.
The bill requires Zell Miller Scholars to maintain a 3.3 grade point average, although the loss of the designation may be regained one time. Students who meet these requirements, but enrolled between July 1, 2007 and June 30, 2011, may also qualify for the designation.
Section 2 of the bill consolidates in one location, 20-3-519.1, the residency requirements for a student to qualify for participation in HOPE Scholarship or Grant programs. (Participants are eligible if they are classified as a legal resident under the regulations of the Student Finance Commission, which are based on the in-state tuition rules set forth by the Board of Regents and Technical College System. Students who graduate from high school or a home program as a legal resident must have residency for at least 12 months prior to the first day of classes for an award. Students who were not classified as a legal resident at the time of graduation must establish residency for 24 months. Active duty military members and their spouses or dependents stationed in Georgia qualify as legal residents.)
Section 3 eliminates restatements of the residency and eligibility requirements listed individually under freshman, sophomore, junior and senior years.
In Lines 260 through 331, which codify standards for entering freshmen seeking HOPE Scholarships, the word `public' is deleted to include private school as eligible postsecondary institutions.
HOPE Scholarship eligibility for sophomore, junior, senior or first-professional students are combined beginning on Line 332. This section of the bill codifies additional checkpoints at which a student's grade point average is reviewed for maintaining or attaining the scholarship. It adds language to provide for one opportunity to re-qualify if eligibility has been lost.
Effective July 1, 2011, the bill establishes a seven year time limit, from the date of graduation or an equivalent event, to receive the HOPE Scholarship. Time served in the military does not count against this threshold.
The bill states that the HOPE Scholarship under this section is equal to the "HOPE award amount." A new section is added to state that Zell Miller Scholars receive an additional amount to equal the tuition at their public institution or the additional amount between the "HOPE award amount" and the HOPE tuition payment for private schools.
Section 4 revises the HOPE Grant. It adds new language under 20-3-519.5(1) to establish a minimum 3.0 grade point average after 30 semester or 45 quarter hours, and defines the HOPE Grant award as equal to the "HOPE award amount." Students who hold a baccalaureate degree or higher diploma are not eligible to receive a HOPE Grant.
Section 5, O.C.G.A. 20-3-519.6, refines the HOPE General Equivalent Diploma (GED) Voucher to make it available to students for two years after completing a GED if the student enrolls in a postsecondary institution and uses the voucher to offset the cost of attending.
Section 6 limits HOPE Scholarships and Grants to no more than the amount of tuition.
Section 7 authorizes the Student Finance Commission to establish the rules for addressing outstanding grant, loan, and scholarship obligations in programs that are eliminated by this legislation (Section 8). In addition, it allows the Commission to perform compliance reviews of participating postsecondary schools on a minimum three-year cycle. Payments made on behalf of ineligible students must be refunded by the institution to the Commission, which will have the

authority to withhold future payments for noncompliance. Lines 631 through 634 make it a misdemeanor offense to obtain the HOPE Grant or Scholarship for an ineligible student.
Section 10 establishes a service-cancelable loan program for students who become employed in a Georgia K-12 public school as a science, technology, engineering or math (STEM) teacher. The program repays one year of loan for each year as an educator.
Section 11 updates the Tuition Equalization Grants statute regarding nonproprietary postsecondary schools by adding language that requires accreditation by the Southern Association of Colleges and Schools, in addition to being domiciled and incorporated in Georgia as of January 1, 2011. Schools qualifying for proprietary status before this date are waived from the new definition as long as they remain in compliance.
The legislation strikes eligibility for students in a Department of Corrections institution.
Section 13 establishes in increments a core course competency requirement for high school students seeking the HOPE Scholarship. Graduates on or after May 1, 2015 must receive two credits; graduates on or after May 1, 2016 must receive three credits, and graduates on or after May 1, 2017 must have at least four credits in advanced math, science, foreign language, international baccalaureate and/or advanced placement core classes as governed by Student Finance Commission rules. Each course may only count as one credit.
Section 14 adds language to the `Georgia Lottery for Education Act' to restrict incentive and/or bonus payments to no more than 25 percent of an employee's base pay; Bonuses will be awarded only if the net proceeds deposited in the Lottery for Education Account exceed the prior year's transfers and they may not exceed more than one percent of that increased deposit.
Section 15 requires the Lottery Commission to make monthly, rather than quarterly, payments into the Lottery for Education Account. It establishes one shortfall reserve within that Account equal to 50 percent of the prior year's total deposits. Reserves may be used if lottery revenues are insufficient to meet appropriations, but language is added to trigger the review and adjustment of lottery-funded programs if half or more of the reserves are withdrawn.
In addition, this section removes the supplantation language and allows for programs started with lottery funds to be continued with state general funds. Once moved, however, the program may not be moved back to lottery funds as a revenue source.
Section 16 sets the vendor's commission for lottery retailers at 6 percent. Incentive payments may be authorized by the Governor until July 1, 2016, after which time the Lottery Commission will determine incentives. In the interim period beginning July 1, 2014, the Lottery Corporation may provide additional financial benefits if deposits to the Lottery for Education Account increase by $1 billion the previous year. - Authored By: Rep. Doug Collins of the 27th - House Committee: Appropriations - Rule: Modified-Structured - Amendments(s): Amend 331002 Amend 331003 - Yeas: 152; Nays: 22
HB 335 - Doraville, City of; tax levies and elections; change certain provisions
- BILL SUMMARY: A Bill to amend the charter of the City of Doraville so as to authorize the levy of an ad valorem tax, to establish times and staggered terms of office for municipal elections, and to provide for notices of candidacy and qualifying periods. - Authored By: Rep. Elena Parent of the 81st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 146; Nays: 15
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 - Rule: Modified-Structured - Yeas: 169; Nays: 2

* The House will reconvene Wednesday, March 2, at 10:00 AM, for its 22nd Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 22nd Legislative Day, Wednesday, March 2, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 48 - Ad valorem tax; freeport exemptions; revise and change certain provisions
- BILL SUMMARY: HB 48 expands the current Freeport inventory exemption. It allows local governments to hold a local referendum to exempt inventory of finished goods. Currently, the Freeport exemption only applies to inventory for final destination outside Georgia or inventory in the process of manufacture of production. This bill creates a "Level Two" Freeport exemption that would include all inventory of a business not otherwise qualified for the current, or "Level 1" Freeport exemption. The county or city may exempt 20, 40, 60, 80, or 100% of such inventory, subject to local referendum. This level two Freeport may be granted either in lieu of or in addition to the current "level one" Freeport exemption. - Authored By: Rep. Jay Powell of the 171st - House Committee: Ways & Means - House Committee Passed: 2/24/2011 - Rule: Structured
HB 66 - Insurance; certificate of insurance forms approved by commissioner; provide
- BILL SUMMARY: HB 66 makes two changes to state insurance law. First, property and casualty certificate of insurance forms shall be filed with and approved by the Insurance Department. Alteration of these approved forms is prohibited. Second, certificate holders would be regulated by the Insurance Commissioner. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - House Committee Passed: 2/24/2011 - Rule: Modified-Structured
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 - House Committee: Transportation - House Committee Passed: 2/15/2011 - Rule: Modified-Structured

HB 196 - Search warrants by video conference; what portion of video maintained; clarify
- BILL SUMMARY: The legislation will amend the video warrant statute (Code Section 17-5-21.1) to clarify what must be recorded.
If a judge accepts additional oral testimony in support of a written application for a warrant, the bill will require maintaining a video recording of the testimony. However, if there is no intentional misconduct by the state, the absence of a recording shall not be a basis to challenge an otherwise valid warrant issued under this Code section. - Authored By: Rep. B.J. Pak of the 102nd - House Committee: Judiciary Non-Civil - House Committee Passed: 2/21/2011 - Rule: Modified-Open
HB 200 - Crimes and offenses; human trafficking; change compensation; provisions
- BILL SUMMARY: This legislation amends Titles 16, 17, and 35 of the Official Code of Georgia to discourage the trafficking of persons for labor or sexual servitude. It will clarify the definition of sexual servitude; increase penalties for individuals who are found guilty of human trafficking; provide law enforcement with more tools to combat the practice of human trafficking; and expand the forfeiture law to help combat human trafficking.
The legislation will:
add to the definitions of coercion, sexual servitude and deception and also adds definitions for performance and sexually explicit conduct to be used in the Code section.
make real and personal property subject to forfeiture if (1) used or intended for use in the course of, (2) derived from, or (3) realized through a violation of the Code section.
amend OCGA 16-6-13 relating to the penalties for violating the Code sections of prostitution, keeping a place of prostitution, pimping or pandering (OCGA 16-6-10 through 12). The penalty is increased if the offense involves persons under the age of 16.
revise Code section 17-15-2 relating to definitions for victim compensation. The section adds trafficking persons for labor or sexual servitude to the definitions of crime and victim.
create an exception to the rule that a person who is responsible or an accomplice to a crime would be ineligible for an award. Any persons who suffer a serious mental or emotional trauma as a result of being trafficked for labor or sexual servitude are eligible.
requires the Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center to establish guidelines and procedures for the incorporation of training materials and information in: (1) methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude; (2) methods for providing proper detention facilities or alternatives to detention facilities for persons for persons who have been trafficked for labor or sexual servitude, including information on therapeutic facilities; and (3) methods for assisting persons who have been trafficked for labor or sexual servitude, including information on social service organizations.
The committee substitute also gives the GBI authority to investigate crimes involving the trafficking of persons for labor or sexual servitude. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Judiciary Non-Civil - House Committee Passed: 2/23/2011 - Rule: Modified-Structured
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 - House Committee: Judiciary Non-Civil - House Committee Passed: 2/28/2011 - Rule: Modified-Structured
HB 293 - Retirement bills; define a certain term
- BILL SUMMARY: This bill expands the definition of a fiscal retirement bill to include any bill or amendment that grants a public retirement system an insurable interest in active or retired members, or authorizes or directs a public retirement system to expend or obligate funds to purchase life insurance on its members. This is a nonfiscal retirement bill. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Retirement - House Committee Passed: 2/23/2011 - Rule: Modified-Structured
HB 297 - Retirement and pensions; public systems prohibited from expending fund for certain purposes; provide
- BILL SUMMARY: This legislation would prevent a public retirement system from expending or obligating funds under the control of the retirement system to purchase life insurance on its members unless all benefits are paid to the member's estate or designated beneficiary. This is a nonfiscal retirement bill - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Retirement - House Committee Passed: 2/23/2011 - Rule: Modified-Structured
* The Rules Committee will next meet on Wednesday, March 2, at 9:00 AM, to set the Rules Calendar for the 23rd Legislative Day.
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COMMITTEE ACTION REPORT
Higher Education
HB 62 - Scholarship program; special needs students; provide additional notification
- BILL SUMMARY: The legislation amends Code Section 20-2-2113 of the Official Code of Georgia Annotated, relating to the notification of the scholarship program for special needs students, application deadlines, and deadlines for scholarship payments to parents.
The bill calls on the resident school system to annually, prior to the beginning of each school year, provide a notice by first-class mail to the parents of all students who have an Individualized Education Program (IEP) notifying them of the possible eligibility of their child for the scholarship. The bill stipulates that the Department of Education (DOE) shall provide application deadline opportunities on August 1, October 1, and March 1 of each school year for a student to transfer. Upon receipt of the proper documentation, the DOE shall make quarterly scholarship payments to the parents of scholarship students on or before November 1, January 7, April 1, and May 1 for quarterly periods corresponding, respectively, to August 1 through September 30, October 1 through November 30, December 1 through the last day of February, and March 1 through May 31 during each academic year in which the scholarship is in force. As nearly as practical, the quarterly payments shall be equal; however, payments may be adjusted due to budgetary midterm adjustments. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass
Human Relations & Aging
HB 226 - Georgia Council on Developmental Disabilities; regulate individual accounts; provisions
- BILL SUMMARY: This legislation adds an article to the section of the Georgia Code relating to the Georgia Council on Developmental Disabilities, which creates an individual development account for persons with an income lesser than 80 percent of the median household income for the area or less than or equal to 300 percent of the federal poverty guidelines. An individual development account may be used for: post-secondary education or job training; the purchase of a primary residence; major repairs on a primary residence; small business capital; and assistive technology. The account may consist of funds from earned income, child

support services, social security supplemental income disability payments, community service under Temporary Assistance for Needy Families, SI benefits, an AmeriCorps stipend, or a job training stipend. The total amount paid into the account during its existence may not exceed $60,000. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass by Committee Substitute
Transportation
HB 301 - Vehicles and loads; maximum weights; allow a variance
- BILL SUMMARY: This bill allows for a 10% weight variance for haulers of poultry waste from point of origin to a farm. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 95 - Ad valorem tax; forest land conservation use property; revise certain provisions
- BILL SUMMARY: The Forest Land Protection Act, passed in 2008, provided that when breach of a forest land covenant occurs following the transfer of a portion of the tract to another owner, that the penalty and interest shall be paid by either the acquiring owner or the transferor, whichever breached the covenant. However, Dept. of Revenue rules and regulations promulgated on this Act provide that if the penalty and interest is not satisfied by the breaching party, then the local governments may seek recovery from the nonbreaching party's property interest and may file a lien against that property. This bill would clarify that only the portion on which the breach occurred will be subject to penalty and interest, and only that portion of the land may be subject to a lien. The bill also provides that if a single tract of forest land property is required to be placed into separate covenants because it lies in more than one county, then the total acreage of that tract shall be utilized for purposes of determining the 200 acre requirement. Additionally, this legislation provides for that if party to a covenant agreement wishes to add land contiguous to the covenant tract, they can do so as long as the addition is not larger than 200 acres. - Authored By: Rep. Jay Roberts of the 154th - 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 9:00 AM - 10:00 AM 9:00 AM - 10:00 AM 1:00 PM - 2:00 PM 1:00 PM - 3:00 PM 1:30 PM - 3:00 PM 1:30 PM - 2:30 PM 2:00 PM - 3:00 PM 2:00 PM - 4:00 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 2:00 PM - 3:00 PM 2:30 PM - 3:00 PM 3:00 PM - 4:30 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 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

Wednesday, March 02, 2011 FLOOR SESION (LD 22) SCIENCE & TECHNOLOGY REGULATED INDUSTRIES RULES Sales Tax Subcommittee of Ways & Means JUDICIARY NON-CIVIL Academic Achievement Subcommittee of Education Aviation Subcommittee on Transportation Elections Subcommittee of Governmental Affairs Appropriations Higher Education Subcommittee Special Subcommittee on HB 277 Ramsey Subcommittee of Judiciary Non-Civil RETIREMENT Public Finance & Policy Tax Subcommittee of Ways & Means BANKS & BANKING Telecomm Subcommittee of Energy, Utilities & Telecommunication Academic Support Subcommittee of Education HEALTH & HUMAN SERVICES Lane Subcommittee (One) Judiciary Civil PUBLIC SAFETY & HOMELAND SECURITY Setzler Subcommittee of Judiciary Non-Civil ENERGY, UTILITIES & TELECOMMUNICATIONS Resource Management Subcommittee of Natural Resources & Environment Income Tax Subcommittee of Way & Means

House Chamber 506 CLOB 606 CLOB 341 CAP 133 CAP 132 CAP 415 CLOB 515 CLOB 406 CLOB 341 CAP 514 CLOB 132 CAP 403 CAP- CANCELED 133 CAP 506 CLOB 606 CLOB 415 CLOB 606 CLOB 132 CAP 515 CLOB 406 CLOB 506 CLOB 230 CAP 133 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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