Daily report [Mar. 23, 2011]

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

TOMORROW'S FORECAST
* The House will reconvene for its 34th Legislative Day on Monday, March 28, at 1:00 PM. * 1 resolution is expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Wednesday, March 23, 2011
TODAY ON THE FLOOR

33rd Legislative Day

RULES CALENDAR
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 - House Committee: Education - Rule: Modified-Open - Yeas: 159; Nays: 7
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 - House Committee: Education - Rule: Modified-Open - Yeas: 149; Nays: 7
LOCAL CALENDAR
HB 442 - Hall, Gainesville, Buford School Districts; educational tax; continue
- BILL SUMMARY: A Bill to provide for the distribution of the sales tax proceeds for education levied in Hall County between the boards of education in Hall County, the City of Gainesville, and the City of Buford. - Authored By: Rep. James Mills of the 25th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 0
HB 543 - Gwinnett County; solicitor-general; revise certain provisions
- BILL SUMMARY: A Bill to provide that the elected solicitor-general of Gwinnet County shall be the prosecuting attorney of the Recorder's Court of Gwinnett County. - Authored By: Rep. Brett Harrell of the 106th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 0

HB 555 - Lawrenceville, City of; city manager position; establish
- BILL SUMMARY: A Bill to provide a city manager form of government for the City of Lawrenceville and to provide for the powers and duties of the mayor and city council. - Authored By: Rep. Valerie Clark of the 104th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 0
HB 561 - Dodge County; Board of Education officers receive compensation; provide
- BILL SUMMARY: A Bill to provide compensation and expenses for the members of the Dodge County Board of Education. - Authored By: Rep. Jimmy Pruett of the 144th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 0
HB 562 - Dodge County; commission appoint chief financial officer; authorize
- BILL SUMMARY: A Bill to provide that the Dodge County Board of Commissioners is authorized to appoint a chief financial officer and to designate his or her duties. - Authored By: Rep. Jimmy Pruett of the 144th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 0
HB 566 - Jefferson County; board of elections and registration; create
- BILL SUMMARY: A Bill to create the Jefferson County Board of Elections and Registration and to provide for its powers and duties. - Authored By: Rep. Mack Jackson of the 142nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 142; Nays: 0
* The House will reconvene Monday, March 28, at 1:00 PM, for its 34th Legislative Day.
______________________________________________________________________________________________________________
COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 34th Legislative Day, Monday, March 28, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HR 341 - Celebratory gunfire; promote public awareness; urge
- BILL SUMMARY: This resolution urges efforts to promote an increase in public awareness of the dangers of celebratory gunfire. - Authored By: Rep. Michele Henson of the 87th - House Committee: Public Safety & Homeland Security - House Committee Passed: 3/9/2011 - Rule: Modified-Open
* The Rules Committee will next meet on Monday, March 28, at 11:00 AM, to set the Rules Calendar for the 35th Legislative Day.
______________________________________________________________________________________________________________

COMMITTEE ACTION REPORT
Governmental Affairs
SB 86 - Community Affairs Dept.; repeal definition of "qualified local government"; comprehensive planning by local governments shall be optional
- BILL SUMMARY: SB 86 revises the definition to "Qualified local government" as it relates to the Department of Community Affairs. The new Definition is as follows:
"(18) 'Qualified local government' means a county or municipality which: has adopted a basic local plan, which shall, upon request by a county or municipality, be developed by the state's regional commissions utilizing existing resources" - Authored By: Sen. Frank Ginn of the 47th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
SB 121 - Natural Resources, Dept. of; provide for refunding of fees under certain circumstances
- BILL SUMMARY: SB 121 establishes a procedure for the Secretary of State and the Department of Natural Recourses, as well as its Board, to refund fees collected in error or overpayment or to which the department or state is not otherwise entitled. - Authored By: Sen. Butch Miller of the 49th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
SB 122 - Water Supply Division of the Georgia Environmental Finance Authority; participation by the division; local water reservoir, facilities, and system projects
- BILL SUMMARY: SB 122 provides for local government contracts related to planning, financing, constructing, acquiring, operating, or maintaining certain water reservoirs, facilities, and systems. Further, it provide for participation by the Water Supply Division of the Georgia Environmental Finance Authority in certain local water reservoir, facilities, and systems projects. - Authored By: Sen. Ross Tolleson of the 20th - Committee Action: Do Pass by Committee Substitute
Health & Human Services
SB 81 - Pharmacists; mental/physical examinations of licensees for the practice of pharmacy
- BILL SUMMARY: Senate Bill 81 authorizes the State Board of Pharmacy to require pharmacists and pharmacy technicians who register or apply to practice in Georgia to consent to mental and/or physical exams by a licensed health care provider(s) and waive any objections to those records, including psychiatric information, being submitted to the Board for review or for hearings.
The Board has the purview to enter a refusal to provide information within the time allotted in a final order, unless the delay was proven unavoidable. An applicant who is denied a license because of this requirement will be given reasonable opportunities to reapply and demonstrate a competency to practice. A registrant can invoke the nondisclosure of their information, and in such cases, the information will be presented privately to the Board and not used for any other proceeding.
Section 2 of the bill incorporates the failure to comply with this requirement as grounds for the Board to suspend, revoke or refuse to grant a license. - Authored By: Sen. Earl "Buddy" Carter of the 1st - Committee Action: Do Pass by Committee Substitute
Health & Human Services
SB 100 - Georgia Registered Professional Nurse Practice Act; revise a definition
- BILL SUMMARY: Senate Bill 100 adds a fifth option for nursing school programs in four-year, nonprofit schools to be approved under the 'Georgia Registered Nurse Practioner Act', if that program's curriculum is determined by the Georgia Board of Nursing to have the same rigor as an accredited program. - Authored By: Sen. Mitch Seabaugh of the 28th - Committee Action: Do Pass

Health & Human Services
SB 178 - Health Care Facilities; regulation/licensing of assisted living communities; procedures/criteria
- BILL SUMMARY: Senate Bill 178 establishes the "assisted living community" as a new category of long-term health care provider to provide an intermediary level of service between personal care and nursing homes. An "assisted living community" is defined as a minimum 25-bed facility licensed by the Department of Community Health (DCH) to care for ambulatory patients by providing some assistance with personal services to include administering medication. As redefined, personal services allows the community to facilitate the arrangement for medical, nursing, health and other support services; however, the community will not provide continuous care.
The bill allows for the oversight of non-ambulatory clients under a provision called "assisted self-preservation", which is a determination made by the Office of the Fire Safety Commissioner that the evacuation of non-ambulatory individuals can be performed effectively because of an individual's condition, adequate staffing assistance, and the layout of the building. DCH is authorized to enforce the adequate conditions needed for persons qualifying for "assisted self-preservation" by requiring the community to move a patient to another location within the building or another facility, as well as modify staffing patterns as needed. The assisted living community is also required to maintain and update a quarterly listing of "assisted self-preservation" clients to be available on request of DCH. DCH may impose sanctions for non-compliance.
The community may employ a "certified medication aide" to assist in the administration of medication per a physician's instructions. The requirements for attaining this certification state that the applicant: 1) be a Georgia certified nurse aide, 2) successfully complete a state medication aide training program, 3) pass a written competency exam with a score of 80 or higher, and 4) demonstrate competent clinical skills. The responsibilities of a "certified medication aide" include recording medications that are dispensed or refused, and observing and reporting changes in a patient's condition to their legal surrogate or representative. Drugs dispensed by a medication aide must be from a unit or multi-dose package, and the clinical skills of the medication aide must be reviewed on annual basis by the community, as well as reviewed on a quarterly basis by a registered nurse or pharmacist. Medication aides must complete on-going training requirements specified by DCH. In conjunction with a medication aide, the bill specifies that a licensed pharmacist must be employed by the assisted living community to review each patient's drug regimen, dispose of drugs properly, maintain policies and procedures for drug administration, and ensure compliance with these procedures.
The legislation states that assisted living communities must sustain a documented care plan for its residents. The communities are not eligible to receive Medicaid funds, nor enroll as providers of medical assistance, but are under the rulemaking authority of the Department of Community Health. No later than June 30, 2011, the department will define distinctive levels of care for personal care homes, assisted living communities and nursing homes; however, nothing in this bill allows for DCH to limit the care provided by nursing homes nor preclude them from issuing waivers or variances to personal care homes.
Within this legislation, an unlicensed personal care home will be deemed negligent per se if a personal injury or wrongful death of a patient is claimed.
Statutes throughout the Code are amended to include "assisted living communities", including 48-8-63.1 to require employee criminal background checks and prohibit the employment of persons convicted of certain criminal offenses. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass as Amended
Motor Vehicles
SB 88 - Motor Vehicles; increase the age requirements for use of child restraint systems
- BILL SUMMARY: SB 88 increases age requirements for use of child restraint systems to eight years old from six. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass
Motor Vehicles
SB 138 - License Plates; require a sworn statement by an applicant for a tag renewal
- BILL SUMMARY: SB 138 provides that an applicant for a tag renewal shall sign an affidavit stating that such person is in possession of a valid Georgia driver's license or Georgia identification card and shall include the applicant's driver's license or identification card number in the renewal. Any person who knowingly makes any false statement in executing an application for tag renewal shall be guilty of false swearing. Upon conviction of such offense, such person shall be punished for false swearing as provided by Code Section 16-10-71. A tag agent shall include the affirmation required by this subsection on the renewal notice form to be returned by the applicant or completed by the applicant online with an appropriate space for the applicant to sign the statement and provide his or her driver's license or identification card number. - Authored By: Sen. Lindsey Tippins of the 37th - Committee Action: Do Pass by Committee Substitute

Motor Vehicles
SB 240 - Motor Vehicles; create a new class; personal transportation vehicles; definition; exception; rights/duties of drivers; rules of the road
- BILL SUMMARY: SB 240 creates a new class of motor vehicles to be known as personal transportation vehicles. It is defined as follows:
'Personal transportation vehicle' means any motor vehicle:(A) With a minimum of four wheels;(B) Capable of a maximum level ground speed of less than 20 miles per hour;(C) With a maximum gross vehicle un-laden or empty weight of 1,375 pounds; and(D) Capable of transporting not more than eight persons. The term does not include mobility aids, including power wheelchairs and scooters, which can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability." - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass by Committee Substitute
Natural Resources & Environment
SB 122 - Water Supply Division of the Georgia Environmental Finance Authority; participation by the division; local water reservoir, facilities, and system projects
- BILL SUMMARY: SB 122 provides for local government contracts related to planning, financing, constructing, acquiring, operating, or maintaining certain water reservoirs, facilities, and systems. Further, it provide for participation by the Water Supply Division of the Georgia Environmental Finance Authority in certain local water reservoir, facilities, and systems projects. - Authored By: Sen. Ross Tolleson of the 20th - Committee Action: Do Pass by Committee Substitute
Public Safety & Homeland Security
SB 95 - Peace Officers; applicant; appointment or certification; provide for the authority to investigate the employment history; provide immunities
- BILL SUMMARY: This bill provides that when an individual applies for a position as a peace officer, the law enforcement agency considering the applicant may have the authority to obtain employment related information to such law enforcement agency. The request must be made in writing and be accompanied by a signed, notarized statement from the applicant, candidate, or peace officer releasing the employer from any liability for disclosing complete and accurate information to the law enforcement agency. - Authored By: Sen. Earl "Buddy" Carter of the 1st - Committee Action: Do Pass
Retirement
SB 96 - Peace Officers Annuity/Benefit Fund; certain employees of the Natural Resources Dept. shall be eligible for membership
- BILL SUMMARY: SB96 amends the definition of a peace officer for the Peace Officers' Annuity and Benefit Fund to include any agent, operative or officer who is compensated at least 32 hours a week and who has the duties of preserving public order, protecting life and property, the enforcement of criminal statutes, ordinances and regulations, the detection of crime and who has general arrest powers.
The House Committee Substitute further clarifies the definition of corrections officer positions that are eligible for membership in the fund. The substitute also adds a Section 2 that clarifies that any member who ceases to be employed as a peace officer or is no longer in a covered position due to changes in job duties shall no longer be a member or pay dues.
This is a non-fiscal retirement bill. - Authored By: Sen. Tim Golden of the 8th - 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.
______________________________________________________________________________________________________________

COMMITTEE MEETING SCHEDULE

9:30 AM - 12:00 PM

Thursday, March 24, 2011 JUDICIARY NON-CIVIL

132 CAP

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

____________________________________________________________________________