FOR ADDITIONAL INFORMATION, Please contact: (404) 656-5050 or (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 36th Legislative Day on Wednesday, March 30, at 10:00 AM. * 7 bills are expected to be debated on the floor. GEORGIA HOUSE OF REPRESENTATIVES DAILY REPORT Tuesday, March 29, 2011 TODAY ON THE FLOOR 35th Legislative Day RULES CALENDAR 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 - Rule: Modified-Structured - Yeas: 155; Nays: 9 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 - Rule: Modified-Open - Yeas: 149; Nays: 20 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 - Rule: Modified-Open - Yeas: 167; Nays: 1 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 - Rule: Modified-Open - Yeas: 167; Nays: 3 LOCAL CALENDAR HB 510 - Douglasville, City of; levy an excise tax; authorize - BILL SUMMARY: A Bill to authorize the City of Douglasville to levy a hotel/motel tax. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 HB 569 - Charlton County; board of elections and registration; create - BILL SUMMARY: A Bill to create the Charlton County Board of Elections and Registration and to provide for its powers and duties. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 HB 570 - Charlton County; compensation for chief magistrate; provide - BILL SUMMARY: A Bill to provide that the judge of the Probate Court of Charlton County shall also serve as the chief magistrate of the Magistrate Court and to provide compensation for service as chief magistrate. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 HB 583 - Lavonia, City of; ad valorem tax for municipal purposes; provide exemption - BILL SUMMARY: A Bill to provide a homestead exemption from City of Lavonia ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older. - Authored By: Rep. Alan Powell of the 29th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 HB 588 - Hall County; community improvement districts; change provisions - BILL SUMMARY: A Bill to amend the act which authorized the creation of community improvement districts in Hall County so as to change provisions relating to their locations and to provide for board appointments. - Authored By: Rep. James Mills of the 25th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 HB 589 - City of Peachtree City Public Facilities Authority; create - BILL SUMMARY: A Bill to create the City of Peachtree City Public Facilities Authority and to provide for its powers and duties. - Authored By: Rep. Matt Ramsey of the 72nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 HB 590 - Woodstock, City of; annex certain territory; change city limits - BILL SUMMARY: A Bill to change the corporate boundaries of the City of Woodstock. - Authored By: Rep. Sean Jerguson of the 22nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 HB 592 - Gwinnett County; public dissemination for professional services; repeal provisions - BILL SUMMARY: A Bill to amend the act which created the Gwinnett County Board of Commissioners so as to repeal provisions relating to public dissemination of amounts expended by the county for professional services. - Authored By: Rep. Buzz Brockway of the 101st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 SB 201 - Henry County; board of commissioners; terms of office; change method of filling vacancies - BILL SUMMARY: A Bill to provide terms of office and for the filling of vacancies on the Henry County Board of Commissioners. - Authored By: Sen. Emanuel Jones of the 10th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 SB 202 - Henry County Governmental Services Authority; add airport facilities with the definition of the term "authority"; modify powers - BILL SUMMARY: A Bill to amend the Act which created the Henry County Governmental Services Authority so as to add airport facilities to its duties and to modify and clarify the powers of the authority. - Authored By: Sen. Emanuel Jones of the 10th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 167; Nays: 0 * The House will reconvene Wednesday, March 30, at 10:00 AM, for its 36th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ON RULES The Committee on Rules has fixed the calendar for the 36th Legislative Day, Wednesday, March 30, and bills may be called at the pleasure of the Speaker. NEXT ON THE FLOOR 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 - House Committee: Motor Vehicles - House Committee Passed: 3/23/2011 - Rule: Modified-Structured 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 - House Committee: Retirement - House Committee Passed: 3/23/2011 - Rule: Modified-Structured 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 - House Committee: Governmental Affairs - House Committee Passed: 3/23/2011 - Rule: Modified-Structured SB 193 - Civil Practice; update administrative provisions; reimbursement to counties for habeas corpus costs - BILL SUMMARY: The bill will direct superior court clerks to send an annual list of each writ of habeas corpus sought in that court by indigent petitioners, when the granting of the writ is denied or when the court costs are cast upon the respondent, to the Council of Superior Court Judges of Georgia instead of the commissioner of administrative services. - Authored By: Sen. Johnny Grant of the 25th - House Committee: Judiciary - House Committee Passed: 3/22/2011 - Rule: Modified-Structured SB 214 - Inmate Policies; definitions; it is illegal to provide an inmate with wireless handset; penalties - BILL SUMMARY: The bill adds a provision in Article 2 of Chapter 8 and 9 of Title 42 relating to the state-wide probation system that supervision records of the State Board of Pardons and Paroles may be made available to officials employed with the state-wide probation system provided that the records remain confidential and not available to any other person or subject to subpoena unless board declassifies the record. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Judiciary Non-Civil - House Committee Passed: 3/24/2011 - Rule: Modified-Structured SB 251 - Insurance; transition from an annual renewal to a biennial renewal of licenses; agents, counselors, adjusters; adjustment of licensing fees - BILL SUMMARY: SB 251 provides for the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters. - Authored By: Sen. David Shafer of the 48th - House Committee: Insurance - House Committee Passed: 3/22/2011 - Rule: Modified-Open SB 252 - Insurance; provide Commissioner shall determine if insurer meets the definition of a reinsurer - BILL SUMMARY: SB 252 provides that the Commissioner shall determine if an insurer meets the definition of a reinsurer. It defines "reinsurer" as an insurer that is principally engaged in the business of reinsurance, does not conduct significant amounts of direct insurance as a percentage of its net premiums, and is not engaged in an ongoing basis in the business of soliciting direct insurance." - Authored By: Sen. David Shafer of the 48th - House Committee: Insurance - House Committee Passed: 3/22/2011 - Rule: Modified-Open * The Rules Committee will next meet on Wednesday, March 30, at 09:00 AM, to set the Rules Calendar for the 37th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Education HR 497 - School systems; adopt policies that prohibit tobacco use; urge - BILL SUMMARY: House Resolution 497 urges local school systems in Georgia to adopt policies that prohibit the use of tobacco on campus and at school facilities. 109 of 180 local school systems currently have policies in place- this resolution would urge the remainder to adopt policies. - Authored By: Rep. Ann Purcell of the 159th - Committee Action: Do Pass Education SB 38 - Education; authority for the State School Superintendent to employ and dismiss employees - BILL SUMMARY: Senate Bill 38 authorizes the State School Superintendent the ability to dismiss employees at the state school for the deaf and blind upon the approval of the State Board of Education. Also, the State School Superintendent shall have the sole authority to employ or dismiss such clerical, supervisor, administrator and other employees that may be necessary for the efficient operation of the Department of Education. Senate Bill 38 states that the State School Superintendent shall have authority to enter into contacts for the amount of $250,000.00 or less on behalf of the Department of Education along with setting the agenda for State board meetings. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass by Committee Substitute Education SB 79 - Local Boards of Education; members shall serve terms of no less than four years in length; provide for phase-in period - BILL SUMMARY: Senate Bill 79 states that effective January 1, 2012, members of local boards of education shall serve no less than four years in length and that longer term of office may be provided by local Act of constitutional amendment. On and after January 1, 2013, in counties where a homestead option sales and use tax and county sales and use tax for education purposes are being collected, their county board of education shall have at least 7 members from single-member districts of approximately equal population. Senate Bill 79 also deals with the loss of accreditation by a local school system or school. If they do not retain full accreditation status by July 1, 2011, the State Board of Education shall conduct a hearing in no less than 10 days or more than 30 days and will make recommendations to the Governor. These recommendations will include whether to suspend all members of the local board of education with pay or with consultation of the State Board of Education suspend members with pay and appoint temporarily replacements. - Authored By: Sen. Earl "Buddy" Carter of the 1st - Committee Action: Do Pass by Committee Substitute Education SB 184 - Teachers/School Personnel; provide requirements for reduction in force policies; sanctions - BILL SUMMARY: Senate Bill 184 is providing for improvement of teachers and retention of the most effective teachers. Local boards shall not adopt or implement a policy that allows length of service to be the primary or determining factor when implementing reduction in force. They shall consider as the primary factor the performance of the educator, one measure of which may be student academic performance. This bill also established a task force to review professional learning requirements and to make recommendation to the State Board of Education. The task force will be called the Professional Learning Rules Task Force and shall be composed of many different members within the education community. This task force shall present recommendations no later that July 1, 2013 and after review and approval from State Board of Education the new rules shall be adopted on or before June 30th 2015. - Authored By: Sen. Tommie Williams of the 19th - Committee Action: Do Pass by Committee Substitute Education SB 185 - Early Care/Learning; provide emergency closure; upon death of a minor or certain circumstances; definitions; procedures - BILL SUMMARY: Senate Bill 185 provides for emergency closure of an early care and education program upon death of a minor. Unless the death was medically anticipated or no serious rule violations related to the death by the program were determined by the department, the commissioner shall immediately request an emergency hearing from the Office of the State Administrative hearings. This hearing will help determine whether an emergency closure of the program is warranted. - Authored By: Sen. Freddie Sims of the 12th - Committee Action: Do Pass by Committee Substitute Higher Education SB 161 - Education; partnerships with postsecondary institutions to establish college and career academies as charter schools; provide funding - BILL SUMMARY: The legislation amends Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated by adding a code section relating to technical and adult education, so as to provide for partnerships with postsecondary institutions to establish college and career academies as charter schools and to establish an Office of College and Career Transitions. The bill also amends Part 16 of Article 6 of Chapter 2 of Title 20 relating to "Building Resourceful Individuals to Develop Georgia's Economy Act," so as to revise definitions and provide for an effective date. The bill aims to foster intergovernmental cooperation between postsecondary institutions and local community stakeholders and assist in the development and support of new and existing college and career academies in Georgia. It establishes a process that allows for college and career academy certification and for the collection and analysis of data to evaluate the effectiveness of dual credit and dual enrollment programs, secondary and postsecondary partnerships, and college and career academies. In order to accomplish these goals, an Office of College and Career Transitions shall be established within the Technical College System of Georgia to coordinate the efforts by the State Board of Education, the University System of Georgia, the Technical College System of Georgia, and other not-forprofit postsecondary institutions accredited by the Southern Association of Colleges and Schools in the professional development, curriculum support, and development and establishment of college and career academies. The State Board of Technical and Adult Education shall be authorized to allocate funds, including state funds, federal funds, proceeds of general obligation debt, or any other available funds, for a particular purpose for college and career academies for start-up costs or for other purposes related to the establishment and operation of such academies by a grant consideration process. A charter petitioner for a college and career academy that has submitted for approval a charter petition shall be authorized to submit to the State Board of Technical and Adult Education an application for start-up funds. The board shall approve applications for start-up funds for those college and career academies that meet the criteria and requirements established pursuant to subsections (i) and (j) of this Code section. As part of the application process, the Office of College and Career Transitions shall consider charter applications in cooperation with the Office of Charter School Compliance and make recommendations to the State Board of Education for the approval, denial, and renewal of college and career academy charter petitions and specify the reasons for such recommendations. Funds shall not be released to an approved applicant unless the charter petition is approved by the State Board of Education pursuant to Article 31 of Chapter 2 of this title or the Georgia Charter Schools Commission in accordance with Article 31A of Chapter 2 of this title. The Office of College and Career Transitions shall establish a certification process, in collaboration with the Department of Education, for approval by the State Board of Technical and Adult Education. This certification process must require that the applicant demonstrates how the proposed college and career academy will increase student achievement, provide for dual credit and dual enrollment opportunities, increase work-based learning opportunities, and address workforce development needs. The applicant must also articulate how the collaboration between business, industry, and community stakeholders will advance workforce development, demonstrate local governance and autonomy, and show other benefits that meet the needs of the students and community. Certification by the Office of College and Career Transitions shall constitute a positive recommendation to the State Board of Education for renewal of a charter pursuant to Code Section 20-2-2064.1. The office shall be responsible for collecting and analyzing appropriate data from and about college and career academies on matters consisting of but not limited to college and career academy effectiveness. Eligibility criteria, requirements, and procedures for the disbursement of funding to college and career academies will be established by the State Board of Technical and Adult Education. Such criteria, requirements, and procedures shall consider the strength of the proposed cooperation arrangements between the local board of education, the group of local boards of education, a private individual, a private organization, or a state or local public entity and one or more postsecondary institutions and must include active support from and a partnership with local business and community leaders for the college and career academy. The board may also establish a matching requirement for recipients of funds under this Code section. A college and career academy receiving funds pursuant to this Code section shall submit an annual report to the State Board of Technical and Adult Education regarding the performance of such academy and the expenditure of funds received pursuant to this Code section. The report shall include, but not be limited to, academic data, financial statements, an evaluation of the progress relative to relationships between and among business, industry, and community stakeholders, and any other information requested by the board to demonstrate the yearly progress or effectiveness of the college and career academy. Representatives from business, industry, civic, governmental agencies, and educational organizations which are designated by the Commissioner of the Technical College System of Georgia shall advise the board on matters pertaining to both the certification and governance of college and career academies. Part 16 of Article 6 of Chapter 2 of Title 20 is amended in Code Section 20-2-326, relating to definitions. It characterizes a `college and career academy' as a specialized charter school established by a partnership which demonstrates a collaboration between business, industry, and community stakeholders to advance workforce development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions and approved by the State Board of Education in accordance with Article 31A of this chapter or the Georgia Charter Schools Commission in accordance with Article 31A of this chapter. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. - Authored By: Sen. Jim Butterworth of the 50th - Committee Action: Do Pass Insurance SB 166 - Insurance; extensively revise the requirements for continuing care providers/facilities - BILL SUMMARY: SB 166 extensively revises the requirements for continuing care providers and facilities. Its purpose is to provide protection to individuals that take the risk of investing their money to secure a place in one of these facilities. - Authored By: Sen. Jesse Stone of the 23rd - Committee Action: Do Pass Insurance SB 177 - Health Care Compact; adopt - BILL SUMMARY: The Insurance Committee substitute to SB 177 provides that any Healthcare Exchange created for Georgia pursuant to federal law will not allow abortions to be funded except in cases of incest, rape, or the life of the mother. - Authored By: Sen. Charlie Bethel of the 54th - Committee Action: Do Pass by Committee Substitute Insurance SB 203 - Insurance; provide that certain individuals who collect/input data; automated claims adjudication system are exempt from licensure - BILL SUMMARY: SB 203 provides that certain individuals who collect and input data into an automated claims adjudication system, and are supervised by a fully licensed agent, are exempt from licensure by the Department of Insurance. Further, the House Insurance Committee's substitute to SB 177 defines 'Georgia small business investment company' as a partnership, corporation, trust, or limited liability company, organized on a for-profit basis, that:(A) Has its principal office located or is headquartered in Georgia;(B) Has as its primary business activity the investment of cash in qualified businesses; and(C) Is certified by the department as meeting the criteria in this Code section. This bill allows these companies to invest in certain Georgia domiciled small businesses with those investments being repaid with a reduction in their insurance premium taxes of 20% over 5 years. This repayment begins after the third year of the investment. - Authored By: Sen. Charlie Bethel of the 54th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination HB 552 - Jackson County; chief magistrate judge nonpartisan elections; provide - BILL SUMMARY: A Bill to provide for the nonpartisan election of the chief magistrate of Jackson County. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination HB 586 - Rockdale County; chief magistrate; provide election - BILL SUMMARY: A Bill to provide for the nonpartisan election of the Chief Magistrate of Rockdale County. - Authored By: Rep. Pam Stephenson of the 92nd - Committee Action: Do Pass Intragovernmental Coordination HB 599 - Cook County; probate court judge; nonpartisan elections - BILL SUMMARY: A Bill to provide for the nonpartisan election of the Probate Judge of Cook County. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 577 - Whitfield County; Redevelopment Powers Law; authorize - BILL SUMMARY: A Bill to authorize Whitfield 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. Tom Dickson of the 6th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 587 - Snellville, City of; levy an excise tax - BILL SUMMARY: A Bill to authorize the City of Snellville to levy a hotel/motel tax. - Authored By: Rep. Brett Harrell of the 106th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 591 - Waycross, City of; citizens right to address city commissioners; provide - BILL SUMMARY: A Bill to amend the charter of the City of Waycross so as to provide that citizens shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission. - Authored By: Rep. Mark Hatfield of the 177th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 598 - Jeff Davis County; board of commissioners meetings schedule; modify provisions - BILL SUMMARY: A Bill to authorize the Jeff Davis Board of Commissioners to establish dates and time for meetings and to elect a chairperson and vice chairperson. - Authored By: Rep. Tommy Smith of the 168th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 600 - Candler County; compensation of solicitor; change provisions - BILL SUMMARY: A Bill to provide duties and compensation for the solicitor of the State Court of Candler County. - Authored By: Rep. Butch Parrish of the 156th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 602 - Bacon County; board of elections, selection and appointment; change composition - BILL SUMMARY: A Bill to amend the act which created the Bacon County Board of Elections and Registration so as to provide for terms, appointments, and composition of the board. - Authored By: Rep. Tommy Smith of the 168th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 604 - Lower Chattahoochee Regional Transportation Authority Act; enact - BILL SUMMARY: A Bill to create the Lower Chattahoochee Regional Transportation Authority consisting of Quitman, Stewart, and Randolph Counties and to provide for its powers and duties. - Authored By: Rep. Bob Hanner of the 148th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 607 - DeKalb County Special Services Tax Districts Act; reflect taxes separately; authorize - BILL SUMMARY: A Bill to amend the DeKalb County Special Services Tax Districts Act so as to authorize the county to reflect the ad valorem taxes for district services separately on the real estate tax statement. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass Judiciary SB 26 - Firearms; prohibit any additional limitations on carrying firearms during states of emergency - BILL SUMMARY: The bill will prevent public officials from using the pretext of a natural disaster to confiscate privately owned firearms. The House Judiciary Committee produced a committee substitute. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass by Committee Substitute Judiciary SB 31 - Evidence; extend the attorney-client privilege to third persons under certain circumstances - BILL SUMMARY: SB 31 extends the attorney-client privilege only in the context of a minor accused of a crime or delinquent act to include the parent of the minor. The bill includes a definition of parent. - Authored By: Sen. Jason Carter of the 42nd - Committee Action: Do Pass Judiciary SB 39 - Courts; create mental health court divisions; assignment of cases; provide for planning groups and work plans; standards - BILL SUMMARY: The bill will allow criminal courts the option to establish mental health court divisions as an alternative to the traditional court system for defendants with mental illness and/or developmental disability. The court may assign such defendant's case to the mental health court either prior to entering the sentence, with the prosecutor's consent; as part of the sentence; or upon consideration of a petition to revoke probation. Each mental health court division will establish a planning group to address the needs of the court, including eligibility criteria. All mental health courts will combine judicial supervision, mental health treatment, and drug and mental health testing. However, defendants charged with murder, armed robbery, rape, aggravated sodomy, aggravated sexual batter, aggravated child molestation, or child molestation will not be eligible for mental health court. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass by Committee Substitute Judiciary SB 47 - Georgia Magistrate Courts Training Council; training for magistrates/senior magistrates; composition/responsibilities; provisions - BILL SUMMARY: SB 47 changes provisions relating to the training of magistrates and senior magistrates as well as the composition of the Georgia Magistrate Courts Training Council. The bill will allow senior magistrate judges to serve on the Georgia Magistrate Courts Training Council and allow the council to prescribe the training hours to be completed by magistrates each year ranging from 12-20 hours. In addition, the bill strikes the allowance of different requirements for magistrates taking the bench before 1998 and will allow magistrates to carry over up to 6 training hours from the previous calendar year. - Authored By: Sen. John Crosby of the 13th - Committee Action: Do Pass Judiciary SB 50 - Courts; add certain fees for funding of local victim assistance programs - BILL SUMMARY: The bill amends the priority list for distribution of fines and fees collected by clerks of superior court for use if the full amount is not collected. - Authored By: Sen. Bill Hamrick of the 30th - Committee Action: Do Pass by Committee Substitute Judiciary SB 64 - Corporations; change the amount of fees/penalties for application for reinstatement for corporations, nonprofit corporations, limited liability companies - BILL SUMMARY: SB 64 provides a uniform procedure to renew corporate entities that have previously been administratively dissolved. The bill caps the renewal fee at $250. In addition, the bill clarifies the assessment of miscellaneous recording fees by the Superior Court Clerks for the formation documents of professional associations. - Authored By: Sen. Joshua McKoon of the 29th - Committee Action: Do Pass by Committee Substitute Judiciary SB 115 - Child Support; exclude foster care payments from the calculations of gross income for determination of child support obligations - BILL SUMMARY: This bill adds foster care payments paid by the Department of Human Services or other agency for providing licensed foster care to a child to the list of public benefits which are excluded from gross income for the purpose of determining the amount of a child support award. - Authored By: Sen. Hardie Davis of the 22nd - Committee Action: Do Pass Judiciary SB 139 - Appellate Practice; provide for appeals involving nonmonetary judgments in child custody cases; provisions - BILL SUMMARY: SB 139 will provide that there is no stay in non-monetary child custody orders from Superior Court while it is on appeal unless the trail court states otherwise. - Authored By: Sen. Jesse Stone of the 23rd - Committee Action: Do Pass by Committee Substitute Judiciary SB 172 - Adoption; require home study by an evaluator prior to the placement of a child; recommend placement; definitions - BILL SUMMARY: The bill will require a home study of a prospective adoptive family in third-party adoptions prior to placement of the child in the home, when possible, or upon filing the petition for adoption. SB 172 expands the pool of practitioners authorized to perform adoption home studies. Current law requires home studies for all adoptions handled by licensed agencies, the state, and adoptions governed by ICPC. However, current law does not require home studies for adoptions by a third party working with an attorney. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass by Committee Substitute Judiciary SB 181 - Attorney General; prohibit contingent compensation under certain circumstances - BILL SUMMARY: The bill will prohibit special prosecutors from being compensated on a contingency basis in forfeiture actions. The House Judiciary Committee produced a committee substitute. - Authored By: Sen. Charlie Bethel of the 54th - Committee Action: Do Pass by Committee Substitute Natural Resources & Environment HR 424 - Tennessee River basin withdrawal; feasibility study; urge - BILL SUMMARY: This resolution urges the Department of Natural Resources, the Water Supply Division of the Georgia Environmental Finance Authority (GEFA) and private enterprises to study the feasibility of withdrawal, storage and distribution of water in a portion of the Tennessee River basin located in northwest Georgia (Catoosa, Dade and Walker Counties), acknowledging the need to develop alternative sources of water supply and storage in Georgia especially in light of ongoing federal litigation over water withdrawals from Lake Lanier. - Authored By: Rep. Jay Neal of the 1st - Committee Action: Do Pass by Committee Substitute Natural Resources & Environment SB 218 - Submerged Cultural Resources; permits/authorization to contract; provisions - BILL SUMMARY: This bill includes provisions for the sale and removal of "deadhead logs." Such logs are defined as those which were commercially harvested from forests in Georgia during the 19th or 20th centuries, that sank or were sunk in navigable portions of the Altamaha, Flint, Ocmulgee or Oconee Rivers (other than any portions of those streams which form Georgia's border with another state), either while in the process of being floated to mill or market or intentionally for storage. The Department of Natural Resources (DNR) may contract with anyone for the investigation or survey of deadhead logs on a competitive bid basis to the highest responsible bidders. No merchantable quantity of deadhead logs may be withheld from marketing as a deadhead logs sales area to the bidding public unless DNR determines that the public interest (such as protection of water quality or wildlife habitat) cannot be adequately protected by the bidder if a recovery and removal operation is allowed. The purchaser of such logs is responsible for their recovery and removal. Deadhead logs may not be removed under these provisions until the amount due to the state for payment of such logs has been received, and the state retains title to deadhead logs unless and until those logs are removed in a timely manner in accordance with terms of the sales agreement. Proceeds received by DNR from these sales may be retained by that agency for administration of the deadhead logs or fisheries management programs, though any funds not expended for such purposes in the fiscal year when they are generated are to be deposited into the general fund of the state treasury. - Authored By: Sen. Tommie Williams of the 19th - Committee Action: Do Pass by Committee Substitute Science and Technology HR 691 - House Study Committee on the Use and Development of Nuclear Plants in Georgia; create - BILL SUMMARY: HR 691 creates the House Study Committee on the Use and Development of Nuclear Energy Plants in Georgia. The Study Committee will undertake a study of the conditions, needs, issues, and problems surrounding the use, production, and safety of nuclear energy in the State of Georgia. The committee will be composed of five members of the Georgia House of Representatives to be appointed by the Speaker of the House. If they choose to make a report, it must be made on or before December 31, 2011. - Authored By: Rep. Karla Drenner of the 86th - Committee Action: Do Pass Science and Technology SR 68 - Science and Technology Strategic Initiative Joint Study Commission; create - BILL SUMMARY: SR 68 would create the Science and Technology Strategic Initiative Joint Study Commission, which would be composed of twelve members and would undertake a study of the conditions, needs, issues, and problems relevant to science and technology. Further, the committee shall make any recommendations for actions they deem appropriate. The Commission will be composed of twelve members, one of the Senate Science and Technology Committee, one of the House Science and Technology Committee, three from the private sector with a background in science and technology, the Commissioner of Economic Development or his or her designee, the Georgia Technology Chief Information Officer or his or her designee, the State School Superintendent or his or her designee, the Chairperson of the Board of Regents or his or her designee, and the Chairperson of the State Board of Technical and Adult Education or his or her designee. - Authored By: Sen. Barry Loudermilk of the 52nd - Committee Action: Do Pass Special Joint Committee on Georgia Revenue Structure HB 387 - Revenue and taxation; revenue structure; comprehensive revision - BILL SUMMARY: Part I Individual Income Tax Provides for a reduction of the individual income tax rate from a top rate of 6% to a flat 4.5% rate beginning in 2012. Eliminates the current personal exemptions, standard deductions, and limits itemized deductions, except: oTaxpayers up to $250,000 in income will still have an exemption for dependents of $2,000. A credit is provided to offset the reduction of the dependent exemption from $3,000 to $2,000 up to certain income levels. oAdjustments are allowed for itemized deductions for taxpayers up to certain income levels ($17,000 in itemized deductions allowed for income up to $75,000 in federal AGI for married couples, $8,500 in itemized deductions allowed for income up to $37,500 for individual taxpayers; allowed itemized deductions phased out dollar for dollar as income increases above those levels). oRetains the current $35,000 retirement income exclusion of $35,000/year ($70,000 for married couples) oUnreimbursed business expenses that are itemized on federal returns over $2,500 shall be allowed to be deducted up to $8,000. oSocial security income and military income deductions remain. Credits put into place to replace existing standard deductions and exemptions for taxpayers up to certain income levels. Part II Sales and Use Tax Adds automotive repair, maintenance, and installation services to the state and local sales and use tax base Replaces current myriad of agricultural exemptions on energy, machinery and equipment, and inputs with clean language and institutes a certificate program to qualify of these exemptions Creates a new exemption for energy used in manufacturing and mining Adds casual sales of motor vehicles, boats and planes to the sales tax base Part III Communications Services Tax Institutes a new communications services tax of 7% on all communications services including cable, satellite, and phones services to replace all current taxes and fees imposed on communications services, and provides for a sales and use tax exemption on equipment purchases used for the provision of these services which is capped at $90 million (2009 levels). - Authored By: Rep. Mickey Channell of the 116th - Committee Action: Do Pass by Committee Substitute State Institutions & Property SB 37 - State Properties Commission; multiyear lease agreements; provide for termination of certain rental/lease agreements - BILL SUMMARY: This Bill allows that State Properties Commission to enter into multi-year leases. The State Properties Commission, through a competitive process, will be able to acquire and dispose of real property assets. - Authored By: Sen. Earl "Buddy" Carter of the 1st - Committee Action: Do Pass State Institutions & Property SB 190 - Georgia Capitol Museum; transfer the operation from the Secretary of State to the Board of Regents; add provisions - BILL SUMMARY: Georgia Capitol Museum; transfer the operation from the Secretary of State to the Board of Regents; add provisions. - Authored By: Sen. George Hooks of the 14th - Committee Action: Do Pass as Amended Transportation SR 343 - Steve Lance Memorial Intersection; dedicate - BILL SUMMARY: This is the Senate's road facility dedication package. It is now a House substitute that includes the Senate package along with several House road facility dedications. - Authored By: Sen. Jeff Mullis of the 53rd - 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 TBD 9:00 AM - 10:00 AM 1:00 PM - 2:00 PM 1:00 PM - 2:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:30 PM - 4:30 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM Wednesday, March 30, 2011 FLOOR SESSION (LD 36) RULES DEFENSE & VETERANS AFFAIRS JUDICIARY NON-CIVIL GAME, FISH & PARKS REGULATED INDUSTRIES MOTOR VEHICLES ENERGY, UTILITIES & TELECOMMUNICATIONS MARTOC PUBLIC SAFETY & HOMELAND SECURITY Appropriations Higher Education Subcommittee HEALTH & HUMAN SERVICES BUDGET & FISCAL AFFAIRS OVERSIGHT House Chamber 341 CAP 415 CLOB 132 CAP 403 CAP 515 CLOB 415 CLOB 506 CLOB 406 CLOB 515 CLOB 341 CAP 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. ____________________________________________________________________________