Daily report [Mar. 28, 2011]

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TOMORROW'S FORECAST
* The House will reconvene for its 35th Legislative Day on Tuesday, March 29, at 10:00 AM. * 2 bills and 5 resolutions are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Monday, March 28, 2011

34th Legislative Day

TODAY ON THE FLOOR

RULES CALENDAR

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 - Rule: Modified-Open - Yeas: 139; Nays: 23

LOCAL CALENDAR
HB 571 - McIntyre, Town of; incorporate; grant new charter
- BILL SUMMARY: A Bill to provide a new charter for the Town of McIntyre. - Authored By: Rep. James Epps of the 140th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 572 - Twiggs County; Board of Education member compensation; change provisions
- BILL SUMMARY: A Bill to provide compensation to the members of the Twiggs County Board of Education. - Authored By: Rep. James Epps of the 140th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 573 - Brooks County; board of elections and registration; create
- BILL SUMMARY: A Bill to create the Brooks County Board of Elections and Registration and to provide for its powers and duties. - Authored By: Rep. Ellis Black of the 174th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 574 - Dalton Independent School System; Board of Education; provide
- BILL SUMMARY: A Bill to re-define and re-authorize the Dalton Independent School System should a consolidation of Dalton and Whitfield County be approved by referendum. - Authored By: Rep. Tom Dickson of the 6th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0

HB 575 - Tunnell Hill, City of; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize the City of Tunnel Hill 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. Tom Dickson of the 6th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 576 - Varnell, City of; Redevelopment Powers Law; authorize
- BILL SUMMARY: A Bill to authorize the City of Varnell 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. Tom Dickson of the 6th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 580 - Barrow County Governing Authority Study Commission; create
- BILL SUMMARY: A Bill to create the Barrow County Governing Authority Study Commission and to provide for its powers and duties. - Authored By: Rep. Terry England of the 108th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 581 - Forsyth County Civil Services System; chief deputy clerk; exempt
- BILL SUMMARY: A Bill to amend the Forsyth County Civil Service System Act so as to exempt the chief deputy clerk of the Superior Court of Forsyth County and the office manager of the office of the clerk of Superior Court from the system. - Authored By: Rep. Mike Dudgeon of the 24th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 582 - Parrott, Town of; provide new charter
- BILL SUMMARY: A Bill to provide a new charter for the Town of Parrott. - Authored By: Rep. Bob Hanner of the 148th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 584 - Hartwell, City of; appointment of committee members; change process
- BILL SUMMARY: A Bill to provide for council committee appointments in the City of Hartwell. - Authored By: Rep. Alan Powell of the 29th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
HB 585 - Rockdale County; Probate Court judge; change compensation
- BILL SUMMARY: A Bill to provide compensation and benefits for the Probate Judge of Rockdale County. - Authored By: Rep. Pam Stephenson of the 92nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0
SB 237 - Summerville, City of; provide new charter; incorporation
- BILL SUMMARY: A Bill to provide a new charter for the City of Summerville. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 163; Nays: 0

COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 35th Legislative Day, Tuesday, March 29, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
SB 17 - Insurance; establish the Special Advisory Commission on Mandated Health Insurance Benefits; membership, terms, meetings and duties
- BILL SUMMARY: SB 17 establishes the Special Advisory Commission on Mandated Health Insurance Benefits. - Authored By: Sen. Tim Golden of the 8th - House Committee: Insurance - House Committee Passed: 3/22/2011 - Rule: Modified-Open
SB 200 - Henry County; office of judge of the Probate Court; nonpartisan elections
- BILL SUMMARY: The bill will provide for a nonpartisan election of the probate judge of Henry County. - Authored By: Sen. Emanuel Jones of the 10th - House Committee: Judiciary - House Committee Passed: 3/22/2011 - Rule: Modified-Structured
SR 30 - Transportation, Dept. of ; urged to prepare a list of contractors to be utilized during weather emergencies
- BILL SUMMARY: This is a resolution urging the Georgia Department of Transportation to prepare a list of contractors to be utilized during weather emergencies and to preauthorize local governments to clear state roads when necessary; and to urge the Georgia Department of Transportation to develop a multi-jurisdictional and intra-departmental integrated action plan which coordinates state and local government efforts to remove snow and ice when an emergency exists in this state and to safely direct the flow of traffic. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Transportation - House Committee Passed: 3/22/2011 - Rule: Modified-Open
SR 103 - Public Property; conveyance; granting of easements for facilities, utilities 10 counties
- BILL SUMMARY: This Resolution authorizes the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow, Butts, Cherokee, Effingham, Fulton, Gordon, Gwinnett, Houston, Thomas, and Wheeler counties. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: State Institutions & Property - House Committee Passed: 3/22/2011 - Rule: Modified-Open
SR 312 - Savannah, Ga; Charleston, South Carolina; endorse efforts to deepen the ports
- BILL SUMMARY: This measure urges the members of the General Assembly to support the proposed deepening of the federal navigation channel at Savannah Harbor, located in Chatham County, Georgia, to -48 feet mean low water. Additionally, it asks that the construction of the Savannah Harbor Expansion Project by the US Army Corps of Engineers be done in an expeditious manner, and as authorized by the United States Congress. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Economic Development & Tourism - House Committee Passed: 3/22/2011 - Rule: Modified-Open
* The Rules Committee will next meet on Tuesday, March 29, at 9:00 AM, to set the Rules Calendar for the 36th Legislative Day.
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COMMITTEE ACTION REPORT
Energy, Utilities & Telecommunications
SB 108 - Public Utilities; universal service fund; provisions; provide for creation/maintenance from the proceeds of the sale/lease of certain facilities
- BILL SUMMARY: This legislation is known as the Energy Independence and Rate Payer Protection Act. It provides additional mechanisms for replenishing the universal access fund through the proceeds of the sale, lease, or operation of facilities financed from the fund. It specifies that no company sell or lease any facility, financed by the fund, to an affiliate for less than higher of the net book value or fair market value without approval by the Public Service Commission. The bill also allows facility expansion to include a natural gas fueling infrastructure for motor vehicles at the commission's discretion. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass by Committee Substitute
Energy, Utilities & Telecommunications
SB 156 - Emergency Telephone Number 9-1-1 System; remove the requirements for certain audits; certain reports
- BILL SUMMARY: Senate Bill 156 makes changes to the reporting requirements of the emergency telephone number 9-1-1 system. Local governments that collect or expend any 9-1-1 charges on or after July 1, 2005 must document the amount of funds collected and expended, and certify the compliance of said funds in an annual audit. - Authored By: Sen. Rick Jeffares of the 17th - Committee Action: Do Pass
Governmental Affairs
SB 82 - Elections; provide for oaths of election superintendents/supervisors and designees of board of election
- BILL SUMMARY: SB 82 is a "Housekeeping" bill for the Elections Division of the Secretary of States Office. - Authored By: Sen. William Ligon, Jr. of the 3rd - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
SB 163 - Elections; identification of campaign communications, advertising, and literature; provide certain requirements
- BILL SUMMARY: SB 163 provides that any persons who make expenditures for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, website, mailing, or any other type of general public political advertising or literature for the purpose of expressly advocating the election or defeat of a clearly identified candidate shall be identified in the advertisement. - Authored By: Sen. Jim Butterworth of the 50th - Committee Action: Do Pass
Judiciary Non-Civil
SB 36 - Controlled Substances; provide establishment of program to monitor prescribing/dispensing; Electronic Database Review Advisory Committee
- BILL SUMMARY: SB 36, the Patient Safety Act of 2011, will set up a database of all controlled substances dispensed in the state that would be accessible by prescribers and dispensers only by secure passwords. As passed by the Senate, SB 36 would require Law enforcement to have a superior court subpoena in order to access the data.
The Judiciary Non Civil committee substitute revises SB 36 by adding language from HB 184.
Section 1 of the committee substitute amends definitions relative to the regulation of controlled substances.
Section 2 adds a new Part to Chapter 13 of Title 16 relating to controlled substances by creating eight (8) new Code sections.
16-13-57 is added to reduce the abuse of controlled substances and the over-prescribing of controlled substances. Subject to funding, this Code section requires the board to establish and maintain a program to electronically record into an electronic data base

prescription information resulting from the dispensing of Schedule II, III, IV, or V controlled substances and to electronically review the prescription information entered into the data base.
16-13-58 authorizes the board to apply for available grants to accept any gifts, grants, or other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the program established in 16-13-57.
It authorizes the board to grant funds to dispensers to allow them to cover costs for dedicated equipment and software dispensers to use in complying with Code section 16-13-59's reporting requirements. The board is also authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser.
It does not require a dispenser to incur costs to purchase equipment or software to comply with this law. The grants to dispensers will be funded by gifts, grants, donations, or other funds received by the board for the operation of the program established under 16-13-57.
This Code section does not require the appropriation of state funds.
16-13-59 requires each dispenser to electronically submit to the board information regarding each prescription dispensed for a Schedule II-V controlled substance. The information submitted for each prescription must include at least what is enumerated in the Code section and shall be submitted by each dispenser in accordance to board requirements on at least a weekly basis. If a dispenser is temporarily unable to comply, the dispenser will notify the board.
This Code section grants the board discretion to issue a waiver to a dispenser who is not able to submit prescription information by electronic means acceptable to the board. The waiver may allow the dispenser to submit prescription information by paper means.
It prohibits the board from revising the information required to be submitted by dispensers more than annually and from accessing or allowing others to access any identifying prescription information from the electronic data base more than two years after the date such information was originally received. The board must ensure that identifying information at least two years old is deleted or destroyed on an ongoing basis in a timely and secure manner.
A dispenser may apply to the board for an exemption to be excluded from compliance if compliance imposes an undue hardship on the dispenser.
16-13-60 requires prescription information submitted to be confidential and not subject to the open records requirement except as provided for in 16-13-60(c)-(d). The board will create strict procedures to ensure privacy of patients and prescribers, and the information will not be disclosed to anyone not specifically enumerated in this Act.
This Code section will allow the board to prepare a plan to provide electronic data base prescription information to a prescription monitoring program in another state if the standards of the requesting state are equivalent to those of the board.
This Code section prohibits any person who receives electronic data base prescription information or related reports from providing the information or reports to any other person except by court order or as otherwise permitted by this Act.
It requires any permissible user who directly accesses electronic base prescription information to implement and maintain a comprehensive information security program that contains appropriate administrative, technical, and physical safeguards.
16-13-61 creates an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the board on matters related to the electronic review of prescriptions. The committee must meet at least once annually, and the members of the committee will receive no compensation or reimbursement of expenses for their services.
16-13-62 requires the board to establish rules and regulations to implement this law.
16-13-63 states that this Act does not require a dispenser or prescriber to obtain information about a patient from the program and will not be held liable for damages to any person in any civil, criminal, or administrative action for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek information form the electronic data base.
16-13-64 provides for offenses for: a dispenser to knowingly and intentionally fail to submit prescription information or submit incorrect prescription information; a person authorized to access electronic data base prescription information negligently uses, releases, or discloses such information in a manner or for a person that violates this law; an individual authorized to access electronic data base prescription information to knowingly obtain or disclose the information in a manner or for a purpose in violation of this law; a person to knowingly obtain, attempt to obtain, or disclose electronic data base prescription information under false pretenses; and a person to obtain or disclose electronic data base information with the intent to sell, transfer, or use such information for commercial advantage, personal gain, or malicious harm.

This Code section provides a private right of action to any person who is injured by violation of this part.
Penalties are cumulative, and SB 36 does not repeal other applicable penalties. - Authored By: Sen. Earl "Buddy" Carter of the 1st - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
SB 40 - Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program
- BILL SUMMARY: SB 40 reforms Georgia's immigration laws by adding new Code sections and revising existing Code sections. The provisions are intended to be implemented in a manner which is consistent with federal laws governing immigration and civil rights.
As it passed the Senate, SB 40 did the following: provides for rules and regulations for public employers. Public employers will only enter into contracts for the physical performance of services with a contractor who provides proof that he or she registers and participates in the federal work authorization program (Everify). includes ramifications for noncompliance of a public employer and procedures to correct any deficiencies; provides for punishment of a contractor or subcontractor that knowingly and willingly provides false statements to the public employer; requires private employers with five or more employees to register and utilize E-verify. provides for a grace period to correct an alleged violation of private employer and grants the Commissioner of Labor the responsibility for enforcement; requires every alien who is 18 years of age and older to carry any valid certificate of registration; provide authority for peace officers to enforce federal immigration laws under certain circumstances; amends the tax code and provides that wages for labor services to an individual of $600 or more per annum may only be claimed as a business expense when the taxpayer can prove the employee is a lawful US resident; and provides when a employer, agency or political subdivision may be subject to lawsuits or liability.
The committee substitute mirrors the language of HB 87 as passed by the House Judiciary Non-Civil Committee with a technical change in the chance that the HB 24, the Evidence Bill, does not pass this legislative session.
The committee substitute of SB 40 will be known as the "Illegal Immigration Reform and Enforcement Act of 2011."
Generally, the legislation will: provide definitions; provide a private cause of action for enforcement of provisions relating to the prevention of illegal immigration; require employers to use an employment eligibility verification system and provide for civil penalties; provide for offenses involving illegal aliens; add the offense of aggravated identity fraud; provide authority for law enforcement officers to enforce federal immigration laws under certain circumstances and to provide immunity for such officers subject to limitations; modify provisions related to training peace officers for enforcement of immigration and custom laws; establish grant funding for local law enforcement agencies to enter into agreements with federal agencies for enforcement of immigration law; provide for identification cards by applicants for public benefits; and enact the "Secure and Verifiable Identity Document Act" - Authored By: Sen. Jack Murphy of the 27th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
SB 80 - Evidence; provide for DNA analysis of persons arrested for felony offenses
- BILL SUMMARY: As it passed the Senate, SB 80 will require that all persons arrested on a felony offense after July 1, 2011, have a sample of his or her blood, an oral swab, or other noninvasive sample of DNA taken.
Once probable cause is determined by a magistrate or grand jury, the arresting law enforcement agency will be responsible for collecting the sample in accordance with GBI standards which will then be stored and maintained by the GBI in a DNA data bank.
The bill does allow for a person who is acquitted of the charges or whose charges are dead docketed, dismissed or reduced to a misdemeanor to provide written request that the DNA profile be expunged. If a written request is produced along with proof, the GBI

will destroy such person's sample.
The bill is subject to funding.
The House Judiciary Non-Civil Committee substitute instead mirrors the language of Rep. Jay Neal's HB 299 and moves the sections relating to DNA analysis upon conviction of sex offenses out of Title 24, Evidence, to Title 35, Law Enforcement Officers and Agencies. The bill expands DNA collections to include all convicted felons. - Authored By: Sen. Joshua McKoon of the 29th - Committee Action: Do Pass by Committee Substitute
Natural Resources & Environment
SB 157 - Waste Management; provide local solid waste management/reporting shall be optional
- BILL SUMMARY: This bill makes it optional, instead of mandatory, for cities and counties to make annual reports to the Department of Community Affairs (DCA) concerning the status of solid waste management in their respective jurisdictions. Cities or counties may use solid waste planning guidance promulgated by DCA to update or amend a city or county solid waste plan. Any city or county proposing to update/amend its solid waste management plan must publish notice of such proposed action in the county legal organ or the city's or county's Website at least two weeks prior to adopting such update or amendment to its plan. The bill deletes provisions requiring regional commission confirmation that a local, multijurisdictional or regional plan is consistent with the state solid waste management plan and provides that to be included as part of a local, multijurisdictional or regional solid waste plan, each city and county included as part of the plan shall adopt the plan/any such updates by local ordinance or resolution. - Authored By: Sen. Rick Jeffares of the 17th - Committee Action: Do Pass
State Planning & Community Affairs
HB 560 - Dalton-Whitfield County Charter and Consolidation Commission Act; enact
- BILL SUMMARY: HB 560 calls for the establishment of the Dalton-Whitfield County Charter and Consolidation Commission - Authored By: Rep. Roger Williams of the 4th - Committee Action: Do Pass
State Planning & Community Affairs
HR 496 - Joint Study Committee on State-Local Government Mandate Review; create
- BILL SUMMARY: HR 496 creates the Joint Study Committee on State-Local Government Mandate Review. The Committee shall be composed of four members of the Senate to be appointed by the chairperson of the Senate State and Local Governmental Operations Committee, one of whom shall be of a different political party than the chairperson, and four members of the House of Representatives to be appointed by the Speaker of the House. In addition, HR 496 creates an advisory task force to be composed of representatives of numerous local associations across the State. The committee shall undertake a study and review of all state laws, reporting requirements, regulations, and procedures that impact county and municipal government operations relating to comprehensive planning, developments of regional impact, and solid waste reporting requirements to determine the current need for such laws, etc. - Authored By: Rep. Alan Powell of the 29th - 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 8:00 AM - 9:00 AM 9:00 AM - 10:00 AM 1:00 PM - 2:00 PM 2:00 PM - 3:00 PM 2:00 PM - 4:00 PM 2:00 PM - 4:30 PM 2:00 PM - 4:00 PM 3:00 PM - 4:00 PM 3:00 PM - 4:00 PM 3:00 PM - 5:00 PM 4:00 PM - 5:00 PM

Tuesday, March 29, 2011 FLOOR SESSION (LD 35) NATURAL RESOURCES & ENVIRONMENT SCIENCE & TECHNOLOGY RULES INTRAGOVERNMENTAL COORDINATION Resource Management Subcommittee of Natural Resources & Environment EDUCATION JUDICIARY CIVIL TRANSPORTATION STATE INSTITUTIONS & PROPERTY HIGHER EDUCATION WAYS & MEANS INSURANCE

House Chamber 606 CLOB 403 CAP 341 CAP 403 CAP 403 CAP 515 CLOB 132 CAP 506 CLOB 415 CLOB 406 CLOB 606 CLOB 506 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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