Daily report [Mar. 10, 2011]

FOR ADDITIONAL INFORMATION, Please contact:
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TOMORROW'S FORECAST
* The House will reconvene for its 28th Legislative Day on Friday, March 11, at 9:30 AM. * 4 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Friday, March 11, 2011
TODAY ON THE FLOOR

27th Legislative Day

MOTIONS TO AGREE
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 - House Committee: Transportation - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
RULES CALENDAR
HB 47 - Health insurance; offer accident and sickness policies approved in other states; authorize
- BILL SUMMARY: HB 47 authorizes insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states. - Authored By: Rep. Matt Ramsey of the 72nd - House Committee: Insurance - Rule: Modified-Structured - Yeas: 111; Nays: 47
HB 91 - Drivers' licenses; felony offense demarcated on license; provisions
- BILL SUMMARY: This legislation would require those persons convicted of violent crimes to have a demarcation put on their driver's license until the expiration of their sentence. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: Public Safety & Homeland Security - Rule: Modified-Structured - Amendments(s): AM 35 0221 by Rep. Bearden - Yeas: 97; Nays: 46
HB 110 - Mortgages and liens; vacant property registry; provisions
- BILL SUMMARY: The bill provides uniform standards for the local government requirement of owners to register vacant real property.
It provides a definition of vacant real property and would allow local governments to charge a fee of no more than $25 in each instance to register or remove a vacant property from the registry.
The registry would include: Vacant real property owner's name, street address, phone/fax number and email address; (If applicable) Vacant real property owner's agent's name, street address, phone/fax number and email address; Street address and tax parcel number; and Recording information of deed book and page numbers of the instrument conveying the property to the owner.

An owner of vacant property may request exemption of registration if certain requirements are met and may challenge a county's determination.
A county or municipal corporation's sole remedy for a property owner's failure to register would be to institute a civil action against the owner. If the owner resides outside of the state, he or she must provide an authorized agent who resides within the state to accept service or process as well as notice of fees due on behalf of him or her. - Authored By: Rep. Mike Jacobs of the 80th - House Committee: Judiciary - Rule: Modified-Structured - Amendments(s): AM 29 1013 - Yeas: 117; Nays: 39
HB 125 - Agricultural Education Advisory Commission; meetings; change certain provisions
- BILL SUMMARY: This bill continues the Agricultural Education Advisory Commission that was scheduled to sunset this year. - Authored By: Rep. Tom Dickson of the 6th - House Committee: Agriculture & Consumer Affairs - Rule: Modified-Open - Yeas: 168; Nays: 1
HB 147 - Patient Right to Know Act of 2001; medical malpractice insurance; include
- BILL SUMMARY: This bill will provide patients a way to ascertain whether or not a physician carries malpractice coverage. This information will be added to the other demographic and professional information already contained in the system. - Authored By: Rep. Ben Watson of the 163rd - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 150; Nays: 20
HB 158 - Elections; nonpartisan election; change date
- BILL SUMMARY: HB 158 changes the date non partisan elections are held. Currently, they are held in conjunction with the General Election in November. This bill will change that date to coincide with the General Primary Election. - Authored By: Rep. James Mills of the 25th - House Committee: Governmental Affairs - Rule: Structured - Yeas: 126; Nays: 23
HB 198 - Superior court clerks; real estate or personal property filing fees; extend sunset dates
- BILL SUMMARY: HB 198 will extend the sunset for the filing fees for real estate and personal property from July 1, 2014 to July 1, 2016. - Authored By: Rep. Tom Rice of the 51st - House Committee: Judiciary - Rule: Modified-Open - Yeas: 165; Nays: 2
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 - House Committee: Motor Vehicles - Rule: Modified-Open - Yeas: 165; Nays: 2
HB 390 - Criminal cases; state has right of direct appeal; authorize
- BILL SUMMARY: The bill authorizes the state to have the right of direct appeal rather than seeking a certificate for immediate review when a defendant's motion for new trial or extraordinary motion of new trial (when the defendant challenges a conviction based upon newly discovered evidence) is granted. - Authored By: Rep. Christian Coomer of the 14th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 170; Nays: 1

COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 28th Legislative Day, Friday, March 11, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 78 - General appropriations; State Fiscal Year July 1, 2011 - June 30, 2012
- BILL SUMMARY: The Appropriations Act for Fiscal Year 2012, effective July 1, 2011, is set by the governor's revenue estimate of $18.1 billion in state funds. While state funds represent a net 2% increase, total spending for FY 2012 decreases by 4.2% from $39.2 billion to $37.5 billion. As proposed, the Act requires nearly 55% of state revenue to be directed to education, 22.5% for healthcare, and 8.5% for public safety. - Authored By: Rep. David Ralston of the 7th - House Committee: Appropriations - House Committee Passed: 3/10/2011 - Rule: Modified-Structured
HB 308 - Public retirement systems; duties of boards of trustees; provide
- BILL SUMMARY: This legislation clarifies that the duties of the board of trustees of public retirement systems as specified in Title 47 OCGA are in addition to, and not in limitation of, the common law duties of the trustees found in Title 53.
This is a nonfiscal retirement bill. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Retirement - House Committee Passed: 3/7/2011 - Rule: Modified-Structured
HB 314 - Jessie's Law; enact
- BILL SUMMARY: House Bill 341 is meant to enact "Jessie's Law" which provides that foster care students are granted excused absence from school to attend court proceedings relating to the students' foster care. - Authored By: Rep. Tom Dickson of the 6th - House Committee: Education - House Committee Passed: 3/3/2011 - Rule: Modified-Structured
SR 15 - Joint Committee on Water Supply; create
- BILL SUMMARY: This resolution establishes the Joint Committee on Water Supply, consisting of 10 members as follows: Five (5) members from the House appointed by the Speaker of that chamber, with one member including the chairperson of the House Natural Resources and Environment Committee, and five (5) members from the Senate appointed by the President of that body, with one appointment including the chairperson of the Senate Natural Resources and the Environment Committee. This joint committee is charged with studying and analyzing the state's reservoir system and analyzing the state's strategic needs for additional water supply, including identification of creative financing options for reservoirs and other opportunities for water supply enhancement. This committee must report its findings and recommendations no later than December 31, 2011. - Authored By: Sen. Ross Tolleson of the 20th - House Committee: Natural Resources & Environment - House Committee Passed: 3/3/2011 - Rule: Modified-Open
* The Rules Committee will next meet on Friday, March 11, at 8:30 AM, to set the Rules Calendar for the 29th Legislative Day.
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COMMITTEE ACTION REPORT
Appropriations
HB 78 - General appropriations; State Fiscal Year July 1, 2011 - June 30, 2012
- BILL SUMMARY: The Appropriations Act for Fiscal Year 2012, effective July 1, 2011, is set by the governor's revenue estimate of $18.1 billion in state funds. While state funds represent a net 2% increase, total spending for FY 2012 decreases by 4.2% from $39.2 billion to $37.5 billion. As proposed, the Act requires nearly 55% of state revenue to be directed to education, 22.5% for healthcare, and 8.5% for public safety. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute
Banks & Banking
HB 465 - Instruments conveying interest; transfers of security instruments; include
- BILL SUMMARY: This legislation changes the provisions relating to the execution of instruments by corporations conveying interest in real property or releasing security agreement. A corporate seal is no longer required documentation in these transactions as long as the president, vice president, secretary, or assistant secretary of the corporation have signed the release or transfer of a deed to secure debt, mortgage, or other security agreement. - Authored By: Rep. Tom Weldon of the 3rd - Committee Action: Do Pass by Committee Substitute
Banks & Banking
HB 488 - Deposit account fraud; victim authorized to recover costs; clarify
- BILL SUMMARY: House bill 488 amends the section of the Georgia Code relating to deposit account fraud, by allowing merchants to collect reimbursement for court cost fees associated with payments received that result in insufficient funding. A merchant may also charge an amount equal to all certified and registered mailing fees reasonably incurred as a result of deposit account fraud. - Authored By: Rep. Mike Cheokas of the 134th - Committee Action: Do Pass
Children & Youth
HB 502 - Lead poisoning prevention; certain federal regulations; provide
- BILL SUMMARY: House Bill 502 reenacts provisions of former Code Section 31-31-6, which was repealed by SB 78 on May 27, 2010. HB 502 adds a new section the Chapter 41 of Title 31 of the OCGA. The bill makes it unlawful to engage in lead-based paint activities, and it provides for certain federal regulations, licenses, fees, corrective orders, and violations. The Act becomes effective upon the Governor's approval, and any laws and parts of laws in conflict with it are repealed. This bill restores language that was "lost" during the legislative process. This bill restores that language which has been in law since 1994. Georgia (through EPD) obtains authorization from the U.S. E.P.A. to administer the lead abatement program. - Authored By: Rep. Lynn Ratigan Smith of the 70th - Committee Action: Do Pass
Education
HB 257 - Teachers and personnel; termination, demotion or reprimand; reduce force policies; provisions
- BILL SUMMARY: House Bill 257 is provided guidelines for a reduction in force policies for local boards of education. If a local board feels a reduction is necessary in their staff, they must consider the primary factor the performance of the teacher of the past three years. One measure of which may be student academic performance and secondary factors may include length of service and other factors as determined by the local board. Teachers who have not completed three years of service, their performance will be extrapolated from the service they have completed. - Authored By: Rep. Alisha Thomas Morgan of the 39th - Committee Action: Do Pass by Committee Substitute

Education
HB 267 - Education, Department of; develop strategy regarding dangers of explicit images in texts; require
- BILL SUMMARY: House Bill 267 relating to the "Quality Basic Education Act" to require the Department of Education to develop a comprehensive strategy and uniform program regarding the dangers of sending electronic communication messages featuring explicit images. The department shall provide appropriate information regarding the program to each local school via electronic means of communication. Each local board of education shall implement the developed strategy beginning school year 2011-2012 and annually thereafter. Also includes a section allowing for a parent or legal guardian to elect that their child not be required to participate in the program. - Authored By: Rep. Sheila Jones of the 44th - Committee Action: Do Pass by Committee Substitute
Education
HR 459 - Professional Standards Commission; rule change on advance degree certificate upgrades; support
- BILL SUMMARY: House Resolution 459 expresses support for a recent ruling of the Professional Standards Commission relating to teacher certificate upgrades. The ruling says teachers who get upgrades for graduate degrees must pursue them in an area related to their teaching fields and that the degree must be from a credible institution. - Authored By: Rep. Mike Dudgeon of the 24th - Committee Action: Do Pass
Education
HR 489 - Professional Learning Rules Task Force; establish
- BILL SUMMARY: House Resolution 489 directs the State Board of Education to revise its professional learning rules so its is the responsibility of principals, district leasers, and state leaders to ensure that teachers have opportunities for professional learning that are consistent with major research findings and best practices regarding professional learning. This resolution also calls for the establishment of the Professional Learning Rules Task Force to review current State Board of Education rules on professional learning. HR 489 lists those that the task force will be composed of and that they shall present recommendations for professional learning rules to the State Board of Education no later than July 1st 2013.
This bill also includes language from HR 461 and HR 492: House Resolution 461 directs that the Georgia Department of Education and the Georgia Professional Standards Commission work together to develop a course on educator ethics to include information on the Official Georgia Code of Ethics for educators and have as one area of emphasis on best practices for administering state mandated tests. House Resolution 492 directs the professional Standards Commission to revise the certification renewal rules so that demonstration of the impact of professional learning on educator performance and student performance is required in order to renew certification- effective July 2015. Also establishes a task force to determine the level of evidence necessary for educators to demonstrate the impact of professional learning. - Authored By: Rep. Brian Thomas of the 100th - Committee Action: Do Pass by Committee Substitute
Education
HR 491 - Education; develop performance based coaching programs; encourage
- BILL SUMMARY: House Resolution 491 encourages the development of performance based coaching programs designed for principals and district administrators to impact school wide improvement. - Authored By: Rep. Valerie Clark of the 104th - Committee Action: Do Pass
Health & Human Services
HB 307 - Georgia Trauma Care Network Commission; burn centers and patients; provide
- BILL SUMMARY: Defines 'Burn center' means as a facility that has been designated by the Department of Community Health as a burn center and that admits at least 300 patients annually with the burn specific principal diagnosis codes as published by the International Classification of Diseases. The bill also provides related definitions. - Authored By: Rep. Ben Harbin of the 118th - Committee Action: Do Pass by Committee Substitute

Health & Human Services
HB 378 - Hemophilia Advisory Board Act; enact
- BILL SUMMARY: House Bill 378 establishes an advisory board known as the Hemophilia Advisory Board within the Department of Community Health's Division of Public Health. The bill defines the membership of this board, which shall be appointed by the Director of Public Health. The department shall be required to provide for administrative support the board. - Authored By: Rep. Sean Jerguson of the 22nd - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 434 - Social workers; requirements for licensure; revise provisions
- BILL SUMMARY: This bill relates to the definition and to the licensure of social work. The bill will replace the term "determinations" with "diagnoses". - Authored By: Rep. Katie M. Dempsey of the 13th - Committee Action: Do Pass
Health & Human Services
HB 457 - Controlled substances; remote automated medication systems; pharmacists; authorize use
- BILL SUMMARY: This bill provides the method and manner by which a pharmacist may dispense medications using a remote, automated medication system. The bill also provides that the State Board of Pharmacy shall regulate the use and operation of such devices. The bill further clarifies that any such device is not a vending machine. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 489 - Medicaid audits; contingency fee audits; prohibit
- BILL SUMMARY: The bill amends Code Section 49-4-151 relating to the Department of Community Health. This bill will allow the department to seek a waiver from the Centers for Medicaid and Medicare services to prohibit contingency fee contracts. - Authored By: Rep. Sharon Cooper of the 41st - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 364 - Peachtree City, City of; levy excise tax
- BILL SUMMARY: A Bill to authorize the City of Peachtree City to levy a hotel/motel tax. - Authored By: Rep. Virgil Fludd of the 66th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 459 - City of College Park Water and Sewer Authority; create
- BILL SUMMARY: A Bill to create the City of College Park Water and Sewer Authority and to provide for its powers and duties. - Authored By: Rep. Joe Heckstall of the 62nd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 481 - Braselton, Town of; initial terms of office for board members; correct
- BILL SUMMARY: A Bill to amend the Act which created community improvement districts in the Town of Braselton so as to correct the initial terms of office for board members. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass

Intragovernmental Coordination - Local
HB 482 - Fayette County; qualifications and salary of magistrate court judges; modify
- BILL SUMMARY: A Bill to provide qualifications and compensation for the judges of the Magistrate Court of Fayette County. - Authored By: Rep. Matt Ramsey of the 72nd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 483 - Bulloch County; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize Bulloch County 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. Butch Parrish of the 156th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 484 - Gordon County Public Facilities Authority; create
- BILL SUMMARY: A Bill to create the Gordon County Public Facilities Authority and to provide for its powers and duties. - Authored By: Rep. John Meadows of the 5th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 495 - Fayetteville, City of; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize the City of Fayetteville 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. Roberta Abdul-Salaam of the 74th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 496 - Hiltonia, Town of; provide new charter
- BILL SUMMARY: A Bill to provide a new charter for the Town of Hiltonia. - Authored By: Rep. Jon G. Burns of the 157th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 154 - Sumter County Board of Education and School Superintendent; revise and restate the law
- BILL SUMMARY: A Bill to reduce the size of the Sumter County Board of Education, to provide for districts, qualifications, filling of vacancies, terms of office, compensation, and appointment of the superintendent. - Authored By: Sen. George Hooks of the 14th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 173 - Hancock County; create board of elections and registration; powers and duties; definitions; composition
- BILL SUMMARY: A Bill to create the Hancock County of Board of Elections and Registration and to provide for its powers and duties. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass

Judiciary
HB 65 - Adoption records; medical information open to certain persons; clarify
- BILL SUMMARY: HB 65 would amend a subsection relating to where records of adoption are kept and to clarify that nonidentifying medication information that is contained in the adoption records shall be open to certain persons for the purpose of providing medical treatment and diagnosis.
The subsection would allow certain listed parties access to adoption records when the information contained therein would assist in the provision of medical care, a medical emergency, or medical diagnosis or treatment.
When the department or child-placing agency receives document medical information on an adoptee, the office must use reasonable efforts to forward to the adoptive parents or the adoptee is he or she is 18 years of age or older. The office would be entitled to reimbursement of reasonable costs for forwarding the information. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 102 - Civil actions; conservation easement property; provide limitation
- BILL SUMMARY: The bill would provide a statute of limitations with respect to actions for title by prescription or private way over conservation property.
An action brought under the Georgia Uniform Conservation Easement Act would have to be brought within four years after the recording of the conservation easement or within four years of July 1, 2011, whichever is later.
However, if the title by prescription or private way did not ripen prior to the recording of the conservation easement, the action will be barred entirely. - Authored By: Rep. Doug McKillip of the 115th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 135 - Timber; unauthorized cutting and carrying away; change provisions
- BILL SUMMARY: The bill updates statutes on the harvesting of timber across property lines.
First the bill sets the statute of limitations for the unauthorized cutting and carrying away of timber whereby an action must be brought within six years after the removal.
It deletes Article 1 of Title 44 (Property) relating to processing or ascertaining the boundary lines of property.
The owner of land must clearly mark the boundary lines of the property or area to be harvested and will not be responsible to neighboring landowners for damages caused during the harvesting time if the lines are clearly marked.
Damages for actions brought under the interference with the enjoyment of property statute for timber cut and carried away will equal the difference in property value before and after the removal of trees. In addition, a plaintiff may also recover punitive damages or attorney's fees or both.
Damages for timber conversion would equal attorney's fees or expenses in litigation plus (1) for a willful trespasser, the full value of the property at the time and place of demand; (2) for an unintentional or innocent trespasser or the innocent purchaser from such trespasser, the value at the time of conversion less the value the defendant or the defendant's vendor added to the property; (3) for a defendant who is a purchaser without notice from a willful trespasser, the value at the time of defendant's purchase; or (4) the fair market value of the trees removed as they stood and costs of reasonable reforestation activities related to plaintiff's injury. - Authored By: Rep. Ellis Black of the 174th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 149 - Magistrates; termination under certain circumstances; provide
- BILL SUMMARY: HB 149 will allow an alternative for chief magistrates to go through the chief superior court judge to remove an appointed magistrate. - Authored By: Rep. Timothy Bearden of the 68th - Committee Action: Do Pass by Committee Substitute

Judiciary
HB 229 - Medicaid; hearings and appeals; final decision of law judge; provide
- BILL SUMMARY: HB 229 gives the Department of Community Health (DCH) a specific time limit to send request for hearings to the Georgia Office of Administrative Hearings.
In addition, the bill will remove the final review and ruling step by the DCH commissioner. Instead, the decision of the administrative law judge will be the final administrative decision of the commissioner. - Authored By: Rep. Sharon Cooper of the 41st - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 245 - Suretyship; surety or cosigner entitled to notice of default by principal; provide
- BILL SUMMARY: The bill provides that a surety or cosigner on a loan obligation be notified at the same time that the principal is notified that he or she is in default on the loan. - Authored By: Rep. E. Culver "Rusty" Kidd of the 141st - Committee Action: Tabled
Judiciary
HB 419 - Foreclosure; time of delivery of notice of proceedings; change
- BILL SUMMARY: The bill provides a consumer with an absolute right to bring their mortgage up to date if they pay all past due payments along with any late fees or attorney's fees. Current law requires permission from the lender in order to do this.
In addition, HB 419 extends the notice provision of foreclosure from 30 to 90 days. - Authored By: Rep. Billy Mitchell of the 88th - Committee Action: Failed
Judiciary
HB 455 - Unfair trade practices; prohibition against licensees; change provisions
- BILL SUMMARY: HB 455 narrows down broad language in the current Code in regards to disclosure of fees in a real estate transaction. Failing to make such disclosure is unfair trade practice. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 525 - Personal jurisdiction over nonresidents; domestic relations cases; clarify
- BILL SUMMARY: The bill will serve to restore long-arm jurisdiction over non-residents with regard to original actions for divorce.
HB 525 corrects legislation passed during the 2010 legislative session. - Authored By: Rep. Mark Hatfield of the 177th - Committee Action: Do Pass
Regulated Industries
HB 356 - Preneed escrow; accounts titled in favor of registered entity; provide
- BILL SUMMARY: The bill amends the "Georgia Cemetery and Funeral Services Act of 2000," by providing that preneed escrow accounts may be titled in the name of and made payable in favor of an entity registered to provide preneed services on the death of the purchaser. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass

Regulated Industries
HB 449 - Multiple-party accounts; definition include preneed service entities; provide
- BILL SUMMARY: The bill provides relative to multiple party accounts the definition of `person'. Code Section 7-1-810 is amended by adding a new paragraph to read as follows:
"(8.1) `Person' shall have the same meaning as provided in Code Section 7-1-4 and shall also include any entity, whether incorporated or unincorporated, which is registered under Chapter 14 of title 10 to provide preneed services. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass
Regulated Industries
HB 472 - Brewpub distribution system; maximum barrels of beer manufactured and sold; increase
- BILL SUMMARY: The bill amends existing language so as to amend the terms and conditions that exist for owner and operators of brewpubs. The legislation increases the maximum quantity of barrels of beer that may be manufactured (from 5,000 to 10,000) and sold (from 500 to 5,000), as well as removing the requirement that beer be sold solely in draft form. - Authored By: Rep. Richard H. Smith of the 131st - Committee Action: Do Pass
Ways & Means
HB 164 - Revenue and tax; coin operated amusement machines; revise and add definitions
- BILL SUMMARY: This legislation clarifies Class A and Class B machines that are used for gaming purposes. Additionally this bill defines "Gift Card" and "Gift Certificate" for use in winnings from gaming machines. Furthermore this legislation clarifies new regulation set forth last year in HB 1055, for the coin operated amusement machine industry. - Authored By: Rep. Matt Ramsey of the 72nd - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 168 - Revenue and tax; incorporate certain federal provisions into Georgia Law; define terms
- BILL SUMMARY: HB 168 is the update to the Internal Revenue Code for tax year 2010, additionally this bill contains definitions to clarify the Streamline Sales Tax agreement. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 228 - Sales and use tax; distribution of unidentifiable proceeds; limit commissioner's authority
- BILL SUMMARY: HB 228 eliminates the sunset on a provision granting authority to the commissioner of the Department of Revenue to distribute unidentifiable sales and use tax proceeds. Under current law, when a dealer makes a return with insufficient information to identify proceeds as being attributable to retail sales or purchases, rentals, storage, use, or consumption occurring within a particular county or special district, the commissioner must make reasonable efforts to obtain this information. If the commissioner cannot find this information, they must allocate the unidentifiable proceeds among the state, special districts, counties, and cities in the same proportion as the proceeds of the sales and use taxes are otherwise allocated and distributed. Each authorized recipient's pro rata share of the unidentifiable sales tax proceeds shall be the same as their share of the identifiable proceeds. Under the current code, the authority of the commissioner to make this allocation expires on December 31, 2011. This legislation would make this authority permanent. - Authored By: Rep. Rick Austin of the 10th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 233 - Sales and use tax; diesel fuel for locomotives; provide exemption
- BILL SUMMARY: Under this legislation, diesel fuel used in the propulsion of locomotives would not be subject to sales tax in the state. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 234 - Sales and use tax exemption; aircraft engines, parts, and equipment; eliminate sunset
- BILL SUMMARY: This legislation would remove the sunset date of June 30, 2011 on materials used for maintenance of aircraft that are repaired or maintained within the state, but are registered outside of the state. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 240 - County sales and use tax; modify infeasible projects; establish procedure
- BILL SUMMARY: This bill would provide a mechanism for local governments who have passed a SPLOST, but have then determined that the project to be infeasible, a way to put a - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 325 - Student scholarship organizations; requirements and definitions; revise
- BILL SUMMARY: This bill seeks to clarify definitions and administrative actions relating to the Student Scholarship Organizations. - Authored By: Rep. Earl Ehrhart of the 36th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 346 - Income tax; taxable nonresident; change definition
- BILL SUMMARY: HB 346 clarifies how nonresidents must pay Georgia taxes on income for non-qualified deferred compensation plans, by direction the department of Revenue to use the days worked method to calculate this tax. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 382 - Public accommodations; municipal levies; certain additional levies; authorize
- BILL SUMMARY: Under this legislation the city of Atlanta would be allowed to exercise the extra penny on hotel/motel tax. - Authored By: Rep. Edward Lindsey of the 54th - 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 8:30 AM - 9:30 AM 1:00 PM - 2:00 PM

Friday, March 11, 2011

FLOOR SESSION (LD 28)

House Chamber

RULES

341 CAP

INDUSTRIAL RELATIONS

406 CLOB (or Upon Adjournment)

* 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.