FOR ADDITIONAL INFORMATION, Please contact: (404) 656-5050 or (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 24th Legislative Day on Friday, March 4, at 9:30 AM. * 7 bills are expected to be debated on the floor. GEORGIA HOUSE OF REPRESENTATIVES DAILY REPORT Thursday, March 3, 2011 TODAY ON THE FLOOR 23rd Legislative Day RULES CALENDAR HB 87 - Illegal Immigration Reform and Enforcement Act of 2011; enact - BILL SUMMARY: This legislation, known as the "Illegal Immigration Reform and Enforcement Act of 2011," 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. 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; provide authority for law enforcement officers to enforce federal immigration laws under certain circumstances and 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" The committee substitute also adds the offense of aggravated identity fraud. - Authored By: Rep. Matt Ramsey of the 72nd - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): Amendment 35 0232 - Yeas: 113; Nays: 56 HB 123 - Weapon removal from public official; include stun guns and tasers; clarify - BILL SUMMARY: The legislation will amend Code Section 16-10-33 relating to the removal or attempted removal of a weapon from a public official and punishment therefore so as to clarify that the Code Section includes stun guns and tasers. The legislation adds a new subsection clarifying that the term 'firearm' as used in this particular Code Section will include stun guns and tasers thereby making it unlawful for a person to knowingly remove or attempt to remove a stun gun or taser from a public official. - Authored By: Rep. Jay Powell of the 171st - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 165; Nays: 1 HB 142 - Official Code of Georgia Annotated; revise, modernize, and correct errors or omissions - BILL SUMMARY: HB 142 will revise, modernize and correct errors and omissions in the followings titles of the OCGA: Title 2, Agriculture; Title 7, Banking and Finance; Title 8, Buildings and Housing; Title 10, Commerce and Trade; Title 11, Commercial Code; Title 12, Conservation and Natural Resources; Title 14, Corporations, Partnerships, and Associations; Title 15, Courts; Title 16, Crimes and Offenses; Title 17, Criminal Procedure; Title 20, Education; Title 22, Eminent Domain; Title 26, Food, Drugs and Cosmetics; Title 29, Guardian and Ward; Title 31, Health; Title 32, Highways, Bridges and Ferries; Title 33, Insurance; Title 36, Local Government; Title 37, Mental Health; Title 38, Military, Emergency Management, Veterans Affairs; Title 40, Motor Vehicles and Traffic; Title 42, Penal Institutions; Title 43, Professions and Businesses; Title 44, Property; Title 45, Public Officers and Employees; Title 46, Public Utilities and Transportation; Title 48, Revenue and Taxation; Title 50, State Government; Title 52, Waters of the State, Ports and Water Craft; and Title 53, Wills, Trusts and Administration of Estates. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Code Revision - Rule: Modified-Structured - Yeas: 167; Nays: 0 HB 156 - Indemnification payment; injured state highway employees; change provisions - BILL SUMMARY: HB 156 adds state employed highway workers to the list of individuals eligible for payment for indemnification for death or disability occurring while on duty. - Authored By: Rep. Mike Cheokas of the 134th - House Committee: Insurance - Rule: Modified-Structured - Yeas: 165; Nays: 0 HB 189 - Noncovered Dental Services Act; enact - BILL SUMMARY: HB 189 provides that no contract or agreement between a dental insurer or network and a dentist shall require the dentist to accept an amount for dental care services that are not covered dental services under a dental benefit plan. Further, it provides that no dental insurer shall publish or otherwise communicate that discounts are available for non-covered dental services. Violation of the provisions of this bill will be punishable as an unfair trade practice. - Authored By: Rep. Joe Wilkinson of the 52nd - House Committee: Insurance - Rule: Modified-Open - Amendments(s): AM 181622 - Yeas: 165; Nays: 1 HB 264 - Georgia Council for the Arts; power and authority; revise certain provisions - BILL SUMMARY: This legislation transfers the power, authority, authority, and related matters of the Georgia Council for the Arts from the Office of Planning and Budget to the Department of Economic Development. - Authored By: Rep. Amy Carter of the 175th - House Committee: Economic Development & Tourism - Rule: Modified-Structured - Yeas: 155; Nays: 3 * The House will reconvene Friday, March 4, at 9:30 AM, for its 24th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ON RULES The Committee on Rules has fixed the calendar for the 24th Legislative Day, Friday, March 4, and bills may be called at the pleasure of the Speaker. NEXT ON THE FLOOR HB 129 - Conveyances; future conveyance of real property; prohibit fee - BILL SUMMARY: The bill will prohibit a fee in connection with a future transfer of property except under limited circumstances. The limited circumstances would include a condominium association created under the Georgia Condominium Act, a property owners' association under the Georgia Property Owners' Association Act; or a property owners' association that meets certain notice requirements of the Property Owner's Association Act. - Authored By: Rep. Doug McKillip of the 115th - House Committee: Judiciary - House Committee Passed: 2/17/2011 - Rule: Modified-Open HB 143 - Elections; revise, modernize, and correct errors or omissions - BILL SUMMARY: HB 143 will revise, modernize and correct errors and omissions in Chapters 2 and 5 of Title 21 of the OCGA. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Code Revision - House Committee Passed: 2/22/2011 - Rule: Modified-Structured HB 144 - Retirement and pensions; revise, modernize, and correct errors or omissions - BILL SUMMARY: HB 144 will revise, modernize and correct errors and omissions in Title 47 of the OCGA. It also repeals portions of Title 47 which have become obsolete. The Title 47 chapters affected are the Employees' Retirement System and the Judicial Retirement System. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Code Revision - House Committee Passed: 2/22/2011 - Rule: Modified-Structured HB 214 - Public Health, Department of; establish - BILL SUMMARY: This bill will establish the Department of Public Health and reassign functions of the division of Public Health of the Department of Community Health to the Department of Public Health. - Authored By: Rep. Mickey Channell of the 116th - House Committee: Health & Human Services - House Committee Passed: 2/23/2011 - Rule: Modified-Structured HB 290 - State purchasing; protect against fraudulent use of state purchasing cards; correct oversight - BILL SUMMARY: HB 290 corrects an oversight in provisions protecting against fraudulent use of state purchasing cards as discovered and recommended by the House Committee on Information and Audits and to apply such fraud protection provisions to all state entities including state authorities. - Authored By: Rep. Mike Cheokas of the 134th - House Committee: Governmental Affairs - House Committee Passed: 2/23/2011 - Rule: Modified-Structured HB 347 - Applicant examination; Commissioner not exempt self from written exams; provide - BILL SUMMARY: HB 347 provides that the Commissioner of Insurance shall not exempt himself or herself from any written examinations set forth in the Insurance Code. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Insurance - House Committee Passed: 2/24/2011 - Rule: Modified-Structured HR 251 - Savannah Harbor; cruise ship terminal facility; support - BILL SUMMARY: House Resolution 251 calls for the support of the Members of the Georgia House of Representatives in the public and private efforts to make Savannah the first cruise ship port in Georgia. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Economic Development & Tourism - House Committee Passed: 2/23/2011 - Rule: Modified-Open * The Rules Committee will next meet on Friday, March 4, at 9:00 AM, to set the Rules Calendar for the 25th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Agriculture & Consumer Affairs HB 125 - Agricultural Education Advisory Commission; meetings; change certain provisions - BILL SUMMARY: This bill continues the Agricultural Education Advisory Commission that was scheduled to sunset this year. - Authored By: Rep. Tom Dickson of the 6th - Committee Action: Do Pass by Committee Substitute Budget and Fiscal Affairs Oversight 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 - Committee Action: Do Pass by Committee Substitute Education HB 81 - Fiscal bills; bill impacts school revenues; require - BILL SUMMARY: House Bill 81 requires the submission of a bill for a fiscal note when a bill has a significant impact upon anticipated revenues or expenditures of a local school system. Calls for the cooperation by the Department of Education and the State School Superintendent. House Bill 81 requires a fiscal note must be introduced by the 20th day of a session and have an effective date no earlier than the start of the next fiscal year. - Authored By: Rep. David Casas of the 103rd - Committee Action: Do Pass Education 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 - Committee Action: Do Pass by Committee Substitute Education HB 271 - Georgia Student Extracurricular Partnership Act; enact - BILL SUMMARY: House Bill 271 relating to the "Quality Basic Education Act" to enact the "Georgia Student Extracurricular Partnership Act." This act is to authorize public schools and charter schools to allow students in grades K through 12 living in the attendance zone of that particular school, to participate in extracurricular activities at such schools. The bill also provides that these students participating in extracurricular activities are subject to all academic and nonacademic rules, regulations and codes of conduct that apply to students of the public school. - Authored By: Rep. Len Walker of the 107th - Committee Action: Do Pass by Committee Substitute Education 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 - Committee Action: Do Pass Education 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 - Committee Action: Do Pass by Committee Substitute Education HR 248 - National Board Certified Teachers; intent to fund; express - BILL SUMMARY: House Resolution 248 is meant to express the intent of the members of the House of Representatives and their funding for National Board Certified Teachers. Georgia strongly encourages each teacher to become board certified and offers them a 10% stipend for 10 years in their current salary to do so. The teacher's stipend that has already become certified was reduced by in 2009 and then eliminated entirely in 2010. The members of the House of Representatives are committed to restoring funding for National board Certified Teachers at the earliest possible date, as funding permits. - Authored By: Rep. Earl Ehrhart of the 36th - Committee Action: Do Pass by Committee Substitute Education SB 38 - Education; authority for the State School Superintendent to employ and dismiss employees - BILL SUMMARY: Senate Bill 38 provides the sole authority for the State School Superintendent to employ and dismiss employees. It also 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 Governmental Affairs HB 158 - Elections; nonpartisan election; change date - BILL SUMMARY: HB 158 changes the date non partisan elections are held. Currently, they are held in conjunction with the General Election in November. This bill will change that date to coincide with the General Primary Election. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass Governmental Affairs HB 302 - Elections; certain 2012 elections and qualifying; adjust dates - BILL SUMMARY: HB 302 changes the dates of the 2012 General Primary and qualifying period as well as future elections following legislative redistricting. The new primary will be held on the last Tuesday in July. The qualifying period will be from the third Wednesday until the third Friday in May. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass Insurance 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 - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination - Local HB 358 - Burke County; board of commissioners; provide staggered terms - BILL SUMMARY: A Bill to provide staggered terms of office for the members of the Burke County Board of Commissioners. - Authored By: Rep. Gloria Frazier of the 123rd - Committee Action: Do Pass Intragovernmental Coordination - Local HB 375 - Montgomery County Board of Commissioners; staggered terms of office; provide - BILL SUMMARY: A Bill to provide staggered terms of office for the members of the Montgomery County Board of Commissioners. - Authored By: Rep. Greg Morris of the 155th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 391 - Monticello, City of; municipal elections; provide - BILL SUMMARY: A Bill to provide for elections, qualifications, terms, and districts for the mayor and council of the City of Monticello. - Authored By: Rep. Susan Holmes of the 125th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 393 - Hiawassee, City of; ad valorem tax; municipal purposes; provide exemption - BILL SUMMARY: A Bill to provide a homestead exemption from City of Hiawassee 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. - Authored By: Rep. Stephen Allison of the 8th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 410 - Suwanee, City of; term vacant upon election to another office; provide - BILL SUMMARY: A Bill to amend the charter of the City of Suwanee so as to provide that the term of any elected city official shall be declared vacant upon the occupant of such office qualifying for election to another office and to provide that municipal officers shall be elected by majority vote. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 418 - Oglethorpe County; county surveyor; provide appointment - BILL SUMMARY: A Bill to abolish the office of elected county surveyor in Oglethorpe County and to provide for the appointment of a county surveyor by the county governing authority. - Authored By: Rep. Hank Huckaby of the 113th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 436 - Menlo, City of; provide new charter - BILL SUMMARY: A Bill to provide a new charter for the City of Menlo. - Authored By: Rep. Barbara Massey Reece of the 11th - Committee Action: Do Pass Judiciary HB 110 - Mortgages and liens; vacant property registry; provisions - BILL SUMMARY: The bill provides uniform standards for the local government requirement of owners to register vacant real property. It provides a definition of vacant real property and would allow local governments to charge a fee of no more than $25 in each instance to register or remove a vacant property from the registry. The registry would include: Vacant real property owner's name, street address, phone/fax number and email address; (If applicable) Vacant real property owner's agent's name, street address, phone/fax number and email address; Street address and tax parcel number; and Recording information of deed book and page numbers of the instrument conveying the property to the owner. An owner of vacant property may request exemption of registration if certain requirements are met and may challenge a county's determination. A county or municipal corporation's sole remedy for a property owner's failure to register would be to institute a civil action against the owner. If the owner resides outside of the state, he or she must provide an authorized agent who resides within the state to accept service or process as well as notice of fees due on behalf of him or her. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute Judiciary HB 197 - Jails; certain inmate emergency medical care service charges; provide limitations - BILL SUMMARY: The bill provides limitations on certain medical charges by hospitals who provide emergency care to inmates who are confined in a city or county detention facility. - Authored By: Rep. Barbara Sims of the 119th - Committee Action: Do Pass by Committee Substitute Judiciary 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 - Committee Action: Do Pass by Committee Substitute Judiciary 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 a 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 - Committee Action: Do Pass Natural Resources & Environment HB 274 - Solid waste management; permits; number of facilities within an area; change provisions - BILL SUMMARY: This bill allows for disposal of yard trimmings into municipal solid waste landfills with approved methane gas capture systems that provide beneficial reuse in promoting renewable energy goals. The legislation defines "inert waste landfills" as ones which will not or are not likely to cause production of leachate of environmental concern, with such wastes limited to earth/earthlike products, rocks, bricks, etc. H.B. 274 puts into statute current regulations governing inert waste landfills and adds requirements for such facilities as pertains to buffer zones, explosive gases control and financial assurance. On or after July 1, 2014, no person would be allowed to operate an inert waste landfill without a permit for such by the EPD director. Also under these provisions, the "tire fee", the primary source of funding for the Solid Waste Trust Fund, is extended three years to June 30, 2014, and as pertains to the "tipping fee" (75 cent per ton charge on solid waste disposed) provides for a credit to any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction/demolition materials. The legislation clarifies that owners/operators of municipal solid waste landfills are prohibited from disposing yard trimmings in such landfills except at (1) landfills restricted to construction or demolition waste;(2) inert waste landfills; or (3) lined municipal solid waste landfills with operating landfill gas collection systems directed to beneficial uses of landfill gas that promote renewable energy goals. - Authored By: Rep. Randy Nix of the 69th - Committee Action: Do Pass by Committee Substitute Natural Resources & Environment HR 381 - Toxic Substances Control Act of 1976; support the modernization - BILL SUMMARY: This resolution urges Congress to update the federal Toxic Substances Control Act of 1976. - Authored By: Rep. Doug McKillip of the 115th - Committee Action: Do Pass by Committee Substitute Natural Resources & Environment 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 - Committee Action: Do Pass Transportation HB 414 - Georgia Aviation Authority; revise duties - BILL SUMMARY: This legislation takes the Georgia State Patrol aviation operations and equipment back under the purview of the Department of Public Safety. - Authored By: Rep. Timothy Bearden of the 68th - Committee Action: Do Pass * 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 - 9:30 AM 9:00 AM - 10:00 AM 1:00 PM - 2:00 PM Friday, March 04, 2011 FLOOR SESSION (LD 24) RULES INTRAGOVERNMENTAL COORDINATION MOTOR VEHICLES House Chamber 341 CAP 403 CAP 415 CLOB (or Upon Adjournment) * This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule please visit the General and click on House Meetings. ____________________________________________________________________________