Daily report [Mar. 4, 2011]

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

TOMORROW'S FORECAST
* The House will reconvene for its 25th Legislative Day on Monday, March 7, at 10:00 AM. * 6 bills are expected to be debated on the floor.


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Friday, March 4, 2011
TODAY ON THE FLOOR
RULES CALENDAR

24th Legislative Day

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 - Rule: Modified-Open - Yeas: 138; Nays: 14
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 - Rule: Modified-Structured - Yeas: 160; Nays: 0
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 - Rule: Modified-Structured - Yeas: 151; Nays: 0
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 - Rule: Modified-Structured - Amendments(s): Amendment 33 1006 - Yeas: 151; Nays: 9

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 - Rule: Modified-Structured - Yeas: 158; Nays: 0
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 - Rule: Modified-Structured - Yeas: 155; Nays: 0
LOCAL CALENDAR
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 141; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 141; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 141; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 141; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 141; Nays: 0

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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 141; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 141; Nays: 0
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 - Rule: Modified-Open - Yeas: 156; Nays: 1
* The House will reconvene Monday, March 7, at 10:00 AM, for its 25th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 25th Legislative Day, Monday, March 7, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 95 - Ad valorem tax; forest land conservation use property; revise certain provisions
- BILL SUMMARY: The Forest Land Protection Act, passed in 2008, provided that when breach of a forest land covenant occurs following the transfer of a portion of the tract to another owner, that the penalty and interest shall be paid by either the acquiring owner or the transferor, whichever breached the covenant. However, Dept. of Revenue rules and regulations promulgated on this Act provide that if the penalty and interest is not satisfied by the breaching party, then the local governments may seek recovery from the non-breaching party's property interest and may file a lien against that property. This bill would clarify that only the portion on which the breach occurred will be subject to penalty and interest, and only that portion of the land may be subject to a lien. The bill also provides that if a single tract of forest land property is required to be placed into separate covenants because it lies in more than one county, then the total acreage of that tract shall be utilized for purposes of determining the 200 acre requirement. Additionally, this legislation provides for that if party to a covenant agreement wishes to add land contiguous to the covenant tract, they can do so as long as the addition is not larger than 200 acres. - Authored By: Rep. Jay Roberts of the 154th - House Committee: Ways & Means - House Committee Passed: 3/1/2011 - Rule: Structured
HB 175 - Online Clearinghouse Act; enact
- BILL SUMMARY: House Bill 175 relating to the "Quality Basic Education Act" to enact the "Online Clearinghouse Act." This Act is a clearinghouse through which local school systems may offer courses to students of other local school systems virtually through computer based programs. The bill also discusses credits the students shall receive, cost of taking the course, and deadlines. - Authored By: Rep. David Casas of the 103rd - House Committee: Education - House Committee Passed: 2/17/2011 - Rule: Modified-Structured

HB 239 - Financial institutions; provide for definitions
- BILL SUMMARY: This legislation makes changes to the Department of Banking and Financing that bring the department in line with federal regulation guidelines in the following manner:
The definition of statutory capital base has been expanded to include negative retained earnings as a qualifying amount. The Department has the authority to determine whether the business conducted by a financial institution calls for its dissolution. After being issued a written demand by the Department as to why dissolution should not be pursued, the institution will have 60 days to respond or the department may seek dissolution directly from the Secretary of State's Office. A bank or trust company unable to maintain 5 directors at any time must ensure that remaining directors fulfill their obligations and actions. This legislation clarifies that in regards to the board of directors of credit unions, no member of the supervisory committee serves as a member of the credit committee or as an officer unless the board of directors functions as the credit committee. The definition of "P.O.D. account" has been expanded to include "an incorporated entity." A P.O.D. payee is a person or incorporated entity designated on a P.O.D. account as one whom the account is payable on request after the death of one or more persons. The definition of a "Mortgage Lender" is broadened by adding in the qualifier of someone who "holds" mortgage loans. The successors or any licensed mortgage loan originator, broker, or lender must all operate under the requirements of the "Nationwide Mortgage Licensing System and Registry." An attorney must be licensed to practice in the state of Georgia in order to negotiate the terms of a residential mortgage. The effective date of mortgage loan originators' licensing requirements is changed to August 1, 2010. Each mortgage loan originator is required to be covered by the surety bond of his or her sponsoring licensed or registered mortgage broker or lender. The Nationwide Mortgage Licensing System and Registry is established as the uniform administrator of an automated licensing system for mortgage loan originators, brokers and lenders. Any private or confidential information provided to the Nationwide Mortgage Licensing System and Registry may be shared with all state and federal regulatory agencies or law enforcement authorities. A mortgage loan originator shall be deemed to have been convicted of a crime if he or she has pleaded guilty, been found guilty of, or entered a first offender or nolo contendere plea to a felony in a domestic, foreign or military court under the guidelines of the Nationwide Mortgage Licensing System and Registry, unless pardoned of said conviction. Each mortgage broker or lender applicant, licensee, and registrant must examine the department's public records to determine that a potential employee is not subject to a cease and desist order within the last five years. Non-compliance may result in license or registration. In relation to license and registration renewal and expiration, an applicant may continue operating pending final approval as long as all proper documentation has been submitted on or before December 1st and has not been disapproved by January 1st. In the event that the department initiates an administrative action against a current licensee or an applicant, the department may pursue the action despite the fact that a licensee or applicant may withdraw or fail to renew. Persons in violation of any order issued pursuant to cease and desist orders under this code section shall be liable for a civil penalty not to exceed $1,000. - Authored By: Rep. Greg Morris of the 155th - House Committee: Banks & Banking - House Committee Passed: 3/2/2011 - Rule: Modified-Structured
HB 249 - Health; pertussis disease information to parents of newborns; provide
- BILL SUMMARY: This bill will require hospitals to provide parents of newborns information on the possibility of transmission of pertussis (Whooping Cough) from adults to newborns. This bill in no way shall be construed to require a hospital to provide or pay for the immunizations. - Authored By: Rep. Barbara Sims of the 119th - House Committee: Health & Human Services - House Committee Passed: 2/23/2011 - Rule: Modified-Structured
HB 253 - Public Safety, Department of; sell or trade surplus vehicles; allow
- BILL SUMMARY: HB 253 allows the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles. - Authored By: Rep. Doug Collins of the 27th - House Committee: Motor Vehicles - House Committee Passed: 2/28/2011 - Rule: Modified-Structured

HB 266 - Carrying weapons; constables; authorize
- BILL SUMMARY: This bill reinstates the right for constables to take their weapon into certain public buildings. - Authored By: Rep. John P Yates of the 73rd - House Committee: Public Safety & Homeland Security - House Committee Passed: 3/2/2011 - Rule: Modified-Structured
* The Rules Committee will next meet on Monday, March 7, at 9:00 AM, to set the Rules Calendar for the 26th Legislative Day.
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COMMITTEE ACTION REPORT
Intragovernmental Coordination
HB 396 - Peachtree Corners, City of; provide new charter
- BILL SUMMARY: A Bill to grant a charter to the City of Peachtree Corners. - Authored By: Rep. Tom Rice of the 51st - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination
HB 398 - Fulton County; Board of Education pensions and retirement; correct typographical errors
- BILL SUMMARY: A Bill to amend the act providing a retirement system for the Fulton County Board of Education to correct typographical errors and to comply with the Federal Uniformed Services Employment and Reemployment Rights of 1994 and the federal Heroes Earnings Assistance and Relief Tax Act of 2008. - Authored By: Rep. Virgil Fludd of the 66th - Committee Action: Do Pass
Intragovernmental Coordination
HB 411 - Fayette County; probate court judge nonpartisan elections; provide
- BILL SUMMARY: A Bill to provide for the non-partisan election of the Probate Judge of Fayette County. - Authored By: Rep. Virgil Fludd of the 66th - Committee Action: Do Pass
Motor Vehicles
HB 113 - Abandoned motor vehicles; change definitions; provisions
- BILL SUMMARY: HB 113 would allow those entities that tow, store or transport motor vehicles to place a lien on the contents of a towed vehicle 30 days after towing, during the abandonment filing process. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 323 - Motor vehicle; time of perfection of security interest; change
- BILL SUMMARY: HB 323 changes the time of perfection of a security interest from 20 days to 30 days if the initial delivery of the application or notice to the commissioner or local tag agent is completed. - Authored By: Rep. Michael Harden of the 28th - Committee Action: Do Pass
* 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 10:00 AM - 11:00 AM 11:00 AM - 1:00 PM 11:00 AM - 12:00 PM 3:00 PM - 3:30 PM 3:30 PM - 5:30 PM

Monday, March 07, 2011 FLOOR SESSION (LD 25) Admin/Licensing Subcommittee of Insurance Special Subcommittee on HB 277 RULES RETIREMENT HEALTH & HUMAN SERVICES

House Chamber 415 CLOB 606 CLOB 341 CAP 403 CAP (or Upon Adjournment) 606 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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