Daily report [Mar. 11, 2011]

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

TOMORROW'S FORECAST
* The House will reconvene for its 29th Legislative Day on Monday, March 14, at 10:00 AM. * 25 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Friday, March 11, 2011

28th Legislative Day

TODAY ON THE FLOOR

RULES CALENDAR

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% from $39.2 billion to $37.6 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 - Rule: Modified-Structured - Yeas: 132; Nays: 33
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 - Rule: Modified-Structured - Yeas: 154; Nays: 0
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 - Rule: Modified-Structured - Yeas: 151; Nays: 3
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 - Rule: Modified-Open - Yeas: 152; Nays: 2

LOCAL CALENDAR
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 2

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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 142; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 142; Nays: 2
* The House will reconvene Monday, March 14, at 10:00 AM, for its 29th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 29th Legislative Day, Monday, March 14, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 33 - Budget Act; zero-base budgeting; provide
- BILL SUMMARY: Part One This bill provides for zero-base budgeting (ZBB) in the State of Georgia beginning January 2012. The Joint Fiscal Affairs Subcommittee is authorized to determine certain executive branch agencies to submit a ZBB at least once every six years in a coordinated format determined by the Governor and the Office of Planning and Budget. The Subcommittee is authorized to review and/or hold hearings on ZBB submissions.
Those entities required to perform a ZBB will include an analysis of the two previous fiscal years, as well as proposed and prioritized fiscal spending plans with program, object class, and revenue source information. It should also include purpose statements and benchmarks of each program's efficiency and scope. The information will be presented in the Governor's budget report in a manner determined by that office.
The bill includes the Board of Regents as an entity under these requirements and encourages the participation of the Judicial Branch. It requires that the Department of Education be submitted in ZBB for January 2012. A sunset provision for June 30, 2019 automatically repeals ZBB unless it is reauthorized.
Part Two This portion of the bill combines the budget offices of the House and Senate into a Joint Legislative Budget Office directed by an employee selected by the Speaker and the Lieutenant Governor. It amends references throughout the O.C.G.A. that refer to the separate offices and replaces those with "Joint Legislative Budget Office." - Authored By: Rep. Stephen Allison of the 8th - House Committee: Budget and Fiscal Affairs Oversight - House Committee Passed: 3/3/2011 - Rule: Modified-Structured

HB 117 - Withholding tax; person listed on closing statement subject to requirements; provide
- BILL SUMMARY: This legislation clarifies the definitions relating to nonresident withholding taxes, by ensuring that the person or entity listed on the settlement statement is deemed to be the seller. - Authored By: Rep. Rick Crawford of the 16th - House Committee: Ways & Means - House Committee Passed: 3/8/2011 - Rule: Structured
HB 167 - Insurance Delivery Enhancement Act of 2011; enact
- BILL SUMMARY: HB 167 reduces regulation for "true associations" to pool together. This allows for a market-based solution to help small businesses offer group health insurance at an affordable rate. Further, HB 167 expands the "prompt pay" law to include third-party administrators of health insurance plans. - Authored By: Rep. Steve Davis of the 109th - House Committee: Insurance - House Committee Passed: 3/3/2011 - Rule: Modified-Structured
HB 181 - Special needs scholarship program; waiver one requirement; provide
- BILL SUMMARY: House Bill 181 provides parents the opportunity to apply to the State School Board for a waiver (based on medical circumstances) of the one year school enrollment requirement related to the Special Needs Scholarship. Such applications would be considered by the Board on a case by case basis according to Board rules and procedures. - Authored By: Rep. Rich Golick of the 34th - House Committee: Education - House Committee Passed: 3/3/2011 - Rule: Structured
HB 225 - Agriculture; state promote sustainable agriculture; provide
- BILL SUMMARY: House Bill 225 defines the word "sustainable" and provides that it shall be the policy of the state of Georgia to promote sustainable agriculture. - Authored By: Rep. Susan Holmes of the 125th - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 2/16/2011 - Rule: Modified-Structured
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 - House Committee: Human Relations & Aging - House Committee Passed: 3/1/2011 - Rule: Modified-Open
HB 248 - Health Care Sharing Ministries Freedom to Share Act; enact
- BILL SUMMARY: HB 248 provides that a health care sharing ministry which enters into a health care cost sharing arrangement with its participants shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such. - Authored By: Rep. Jay Neal of the 1st - House Committee: Insurance - House Committee Passed: 2/24/2011 - Rule: Modified-Structured

HB 256 - 9-1-1 system; regulation of charges on prepaid wireless services; provisions
- BILL SUMMARY: This legislation amends the collection of funds relating to the emergency telephone number 9-1-1 system by moving the collection of existing 9-1-1 charges on prepaid wireless service to the retail point of sale. The prepaid wireless 9-1-1 charge will be collected from the consumer by the seller for each retail transaction occurring in the state at a rate of $0.75 per transaction. If the minimal amount of prepaid wireless telecommunications service, defined as 10 minutes or less, or $5.00 or less, is sold for a single, non-itemized price the seller may elect not to apply the $0.75 charge to the transaction. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Energy, Utilities & Telecommunications - House Committee Passed: 3/2/2011 - Rule: Modified-Structured
HB 261 - Disclosure; certain public records exempt; provide
- BILL SUMMARY: The bill creates an exception to the Open Records Act for records of any government sponsored program providing training on or concerning governmental security measures. - Authored By: Rep. Alex Atwood of the 179th - House Committee: Judiciary - House Committee Passed: 3/3/2011 - Rule: Modified-Structured
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 - House Committee: Motor Vehicles - House Committee Passed: 2/28/2011 - Rule: Modified-Structured
HB 272 - Juvenile court; rehearing an order of associate juvenile court judge; delete provision
- BILL SUMMARY: The bill eliminates the 2nd hearing a juvenile may have with the elected or appointed juvenile court judge after an associate juvenile court has issued an order/decision. - Authored By: Rep. Tom Weldon of the 3rd - House Committee: Judiciary - House Committee Passed: 3/8/2011 - Rule: Modified-Structured
HB 275 - Cardiopulmonary resuscitation; authorized to order not to resuscitate; clarify
- BILL SUMMARY: This bill will clarify which health care providers are authorized to effectuate an order to not resuscitate. It defines the term of Caregiver and redefines Nurse for this code section. It also adds other licensed facility to those persons and or health care facilities which are able to carry out in good faith a do not resuscitate cardiopulmonary resuscitation order.
The bill was amended in committee to provide for the placement of in home placards instead of bracelets to make everyone aware of the do not resuscitate order in place. - Authored By: Rep. Mike Cheokas of the 134th - House Committee: Health & Human Services - House Committee Passed: 3/2/2011 - Rule: Modified-Structured
HB 280 - Emergency Telephone System Fund; additional uses for moneys; provide
- BILL SUMMARY: This legislation specifies that 9-1-1 revenue funds that remain after jurisdictions have paid for personnel, equipment, and facilities, be used for other expenses such as: the lease, purchase, or maintenance of a mobile communications vehicle and equipment; indirect costs associated with supporting the 9-1-1 center; and the lease, purchase, or maintenance of public safety voice and data communications systems. A reserve amount of 10% of the previous year's expenditures must be maintained. - Authored By: Rep. Ben Harbin of the 118th - House Committee: Energy, Utilities & Telecommunications - House Committee Passed: 3/2/2011 - Rule: Modified-Structured

HB 285 - School employees; criminal background checks; revise provisions
- BILL SUMMARY: House Bill 285 is relating to conditions of employment in the "Quality Basic Education Act". It deals with criminal background checks on school employees. Local units of administration and the Professional Standards Commission have the authority and responsibility to order criminal checks though the Georgia Crime Information Center and FBI. The local units of administration will also have the authority to forward results of the criminal record checks to the Professional Standards commission as necessary regarding potential violations of the code of ethics for educators. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Education - House Committee Passed: 3/3/2011 - Rule: Modified-Structured
HB 292 - Employment security; extend rates and credits; change certain provisions
- BILL SUMMARY: HB 262 extends the sunset on employment security contribution rates from December 31, 2011 until December 31, 2016. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Industrial Relations - House Committee Passed: 3/7/2011 - Rule: Modified-Structured
HB 303 - Physicians assistants; delegation of authority by a physician; revise provisions
- BILL SUMMARY: This bill revises the delegation of authority to a physician assistant by a physician to cover the ability of a physician assistant to sign off on certain documents except for death certificates and assigning the percentage of disability rating for workers' compensation. The documents must be listed in the scope of authorized practice between the physician assistant and the physician. The bill further addresses the physician's involvement in the patient's care as it relates to the use of physician assistants. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - House Committee Passed: 3/2/2011 - Rule: Modified-Structured
HB 323 - Motor vehicle; time of perfection of security interest; change
- BILL SUMMARY: HB 323 changes the time of perfection of a security interest from 20 days to 30 days if the initial delivery of the application or notice to the commissioner or local tag agent is completed. - Authored By: Rep. Michael Harden of the 28th - House Committee: Motor Vehicles - House Committee Passed: 3/4/2011 - Rule: Modified-Open
HB 339 - Emergency powers; challenge of quarantine or vaccination order; revise courts; provisions
- BILL SUMMARY: The bill amends Article 3, Chapter 3 of Title 38 relating to the emergency powers of governor and the judicial branch. During the declaration of a public health emergency, such as in the case of a pandemic, the Department of Community Health may issue orders imposing quarantine or a vaccination program. HB 339 removes the current jurisdictional confusion as to venue to challenge such orders by designating the Superior Court in either the challenger's resident county or Fulton County as the proper venue.
In addition, HB 339 removes the current jurisdictional confusing for direct appeals of the Superior Court decision as a result of such challenges. Appeals are immediately appealable to any Justice of the Supreme Court, or in absence of any Justice, a panel of the Court of Appeals, or Judge thereof in the absence of a panel, and that appellate consideration be expedited with possible suspension time for filing briefs.
HB 339 clarifies that the Chief Justice of the Georgia Supreme Court, or his/her successor, is only "authorized judicial officer" acting with state-wide appellate authority.
Finally, HB 339 allows the Chief Justice of the Supreme Court to extend his/her order declaring a judicial emergency for a period only as long as declared by the Governor for a public health emergency as set forth under Code 38-3-51. - Authored By: Rep. Andrew J. Welch of the 110th - House Committee: Judiciary - House Committee Passed: 3/3/2011 - Rule: Modified-Structured

HB 343 - Mental health; psychiatric stabilization or detoxification services; provide
- BILL SUMMARY: This bill will establish within the Department of Behavioral Health and Developmental Disabilities the crisis stabilization units. These short-term residential programs will provide psychiatric stabilization and detoxification services. This will further allow the Department of Behavioral Health and Developmental Disabilities to establish standards and requirements for the operation and licensure of each of these units. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - House Committee Passed: 3/2/2011 - Rule: Modified-Structured
HB 371 - Insurable interest; state entity; not fund life insurance on public officers or employees; provide
- BILL SUMMARY: HB 371 provides that neither the state nor any political subdivision of the state shall have an insurable interest on the lives of public officers or employees. Further, it provides that such entities shall not expend funds for life insurance on public officers or employees. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - House Committee Passed: 3/9/2011 - Rule: Modified-Structured
HB 373 - Designated felony acts; modify order for restrictive custody; clarify provisions
- BILL SUMMARY: The bill allows the Department of Juvenile Justice through counsel or a juvenile to petition the court to modify a sentence based on the juveniles good behavior. - Authored By: Rep. B.J. Pak of the 102nd - House Committee: Judiciary Non-Civil - House Committee Passed: 3/2/2011 - Rule: Modified-Structured
HB 374 - Cosmetologists; examinations and applications for certificates of registration; change certain provisions
- BILL SUMMARY: The bill revises Code section 43-10-9, relating to cosmetologists, the application for certificate of registration, examination, work permit, reciprocity, study at a technical college or public school and eligibility of a licensed barber.
The bill provides for on or after July 1, 2011 an applicant applying under Code Section 43-10-9 shall pass both a written and practical exam within a 24 month period after having obtained the required credit hours or shall be required to repeat all of such required credit hours before retaking the examination. Should an applicant fail to pass the written or practical exam, the board shall furnish the applicant a statement in writing, stating what manner the applicant was deficient. Applicants applying under this Code Section who have graduated from an educational program which prepares cosmetologists in another country shall submit to the State Board of Cosmetology's credential's evaluation from a board approved credentials evaluation provider.
The bill revises subsection (c) of Code Section 43-10-10 relating to display of certificate of registration, renewal, reinstatement, continuing education requirements and exemptions.
The bill also amends paragraph (1) of subsection (a) of Code Section 43-10-12, relating to the regulation and permits for schools, teachers and instructors, registration of apprentices, and certification as a teacher by the Department of Education.
The bill also revises Code Section 43-10-14, relating to the age of study by a person of 17 years of age or older, registration of apprentices, registration certificate and waiver of education requirements. - Authored By: Rep. Billy Mitchell of the 88th - House Committee: Regulated Industries - House Committee Passed: 3/2/2011 - Rule: Modified-Open

HB 423 - Unfair trade practices; certain residential contractors insurance claims; violations; provide
- BILL SUMMARY: HB 423 provides that a residential contractor shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. To do so shall be considered a violation of unfair trade practice. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Judiciary - House Committee Passed: 3/9/2011 - Rule: Modified-Structured
HB 423 - Unfair trade practices; certain residential contractors insurance claims; violations; provide
- BILL SUMMARY: HB 423 provides that a residential contractor shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. To do so shall be considered a violation of unfair trade practice. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - House Committee Passed: 3/9/2011 - Rule: Modified-Structured
HR 71 - Grady County; remaining state interest in a certain property; authorize conveyance
- BILL SUMMARY: This Resolution releases 2,933 acres in Grady County from restrictions and conditions placed on it in 1994 for the purposed Tide Creek Reservoir - Authored By: Rep. Gene Maddox of the 172nd - House Committee: State Institutions & Property - House Committee Passed: 3/8/2011 - Rule: Modified-Structured
* The Rules Committee will next meet on Tuesday, March 15, at 2:00 PM, to set the Rules
Calendar for the 30th Legislative Day.
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COMMITTEE ACTION REPORT
Industrial Relations
HB 500 - Employment Readiness Program for Georgia's unemployed; establish
- BILL SUMMARY: HB 500 establishes the Employment Readiness Program for Georgia's unemployed and encourages participation in the Employment Readiness Program by persons receiving extended unemployment compensation benefits. The program will be administered by the Department of Labor. It is will be funded by federal funds received by this state for implementation of the Georgia Work Ready initiative and such other funding sources, including grants, donations, and appropriations, that may become available to the department. - Authored By: Rep. Jimmy Pruett of the 144th - Committee Action: Do Pass by Committee Substitute
Transportation
HB 131 - Conservation and natural resources; certain civil penalties; exempt state agencies
- BILL SUMMARY: This bill creates a system of fines for GDOT and its contractors that complies with the minimum requirements of the federal Clean Water Act and authorizes EPD to issue fines in the amount of $5,000 a day for each violation. The legislation also authorizes the Erosion and Sediment Control Overview Council, which already exists in state law, to mediate any dispute between GDOT, SRTA, their contractors, and EPD. HB 131 eliminates the requirement that GDOT prepare an erosion and sedimentation control plan for Design-Build and Public Private Partnership projects. - Authored By: Rep. James Epps of the 140th - 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 8:30 AM - 9:30 AM 12:00 PM - 2:00 PM 2:00 PM - 3:00 PM 3:00 PM - 4:00 PM

Monday, March 14, 2011 FLOOR SESSION (LD 29) HEALTH & HUMAN SERVICES JUDICIARY CIVIL JUDICIARY NON-CIVIL MOTOR VEHICLES SPECIAL RULES

House Chamber 506 CLOB 132 CAP 132 CAP (Upon Adjournment) 606 CLOB 415 CLOB

* This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule please visit the General and click on House Meetings.
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