Daily report [Apr. 11, 2011]

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

TOMORROW'S FORECAST
* The House will reconvene for its 39th Legislative Day on Tuesday, April 12, at 10:00 AM. * 13 bills and 1 resolution are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Monday, April 11, 2011

38th Legislative Day

TODAY ON THE FLOOR

MOTIONS TO AGREE
HB 555 - Lawrenceville, City of; city manager position; establish
- BILL SUMMARY: A Bill to provide a city manager form of government for the City of Lawrenceville and to provide for the powers and duties of the mayor and city council. - Authored By: Rep. Valerie Clark of the 104th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.

RULES CALENDAR
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 singlemember 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 - House Committee: Education - Rule: Modified-Structured - Yeas: 109; Nays: 62
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 - House Committee: Education - Rule: Modified-Structured - Yeas: 141; Nays: 29

LOCAL CALENDAR
HB 622 - Poulan, City of; mayor and councilmembers; change terms of office
- BILL SUMMARY: A Bill to provide terms of office for members of the city council and the mayor in the City of Poulan. - Authored By: Rep. Ed Rynders of the 152nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 623 - Buford, City of; levy an excise tax
- BILL SUMMARY: A Bill to authorize the City of Buford to levy a hotel/motel tax. - Authored By: Rep. Josh Clark of the 98th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 628 - Coolidge, City of; time of municipal elections; change provisions
- BILL SUMMARY: A Bill to establish the time for holding municipal elections in the City of Coolidge. - Authored By: Rep. Darlene Taylor of the 173rd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 629 - Hall County Family Connection Network Act; enact
- BILL SUMMARY: A Bill to create the Hall County Family Connection Network and to provide for its powers and duties. - Authored By: Rep. Doug Collins of the 27th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 631 - Byron, City of; corporate city limits; change
- BILL SUMMARY: A Bill to change the corporate boundaries of the City of Byron. - Authored By: Rep. Robert Dickey of the 136th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 129 - Savannah, City of; remove certain qualifications for local board of education members
- BILL SUMMARY: A Bill to provide qualifications and terms of office for the members of the school system in the City of Savannah and Chatham County. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 106; Nays: 42
SB 148 - Chatham County; remove term limitations on the office of chairperson
- BILL SUMMARY: A Bill to remove term limits on the office of chairperson of the Board of Commissioners of Chatham County. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 254 - Cobb County-Marietta Water Authority; terms of office of members of authority; change provisions
- BILL SUMMARY: A Bill to provide terms of office for the members of the Cobb County-Marietta Water Authority. - Authored By: Sen. Lindsey Tippins of the 37th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0

COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 39th Legislative Day, Tuesday, April 12, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
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 - House Committee: Judiciary - House Committee Passed: 3/29/2011 - Rule: Modified-Open
SB 57 - Drivers' Licenses; prohibit persons convicted; offense against a victim who is a minor; driving commerical motor vehicles; transport 16/more persons
- BILL SUMMARY: The substitute to SB 57 provides that video cameras and associated equipment may be installed on public school buses, and that civil fines obtained as a result of this video may be apportioned to the local government and the private company whose video equipment is being used. - Authored By: Sen. Steve Gooch of the 51st - House Committee: Motor Vehicles - House Committee Passed: 3/31/2011 - Rule: Modified-Structured
SB 81 - Pharmacists; mental/physical examinations of licensees for the practice of pharmacy
- BILL SUMMARY: Senate Bill 81 authorizes the State Board of Pharmacy to require pharmacists and pharmacy technicians who register or apply to practice in Georgia to consent to mental and/or physical exams by a licensed health care provider(s) and waive any objections to those records, including psychiatric information, being submitted to the Board for review or for hearings.
The Board has the purview to enter a refusal to provide information within the time allotted in a final order, unless the delay was proven unavoidable. An applicant who is denied a license because of this requirement will be given reasonable opportunities to reapply and demonstrate a competency to practice. A registrant can invoke the nondisclosure of their information, and in such cases, the information will be presented privately to the Board and not used for any other proceeding.
Section 2 of the bill incorporates the failure to comply with this requirement as grounds for the Board to suspend, revoke or refuse to grant a license. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Health & Human Services - House Committee Passed: 3/23/2011 - Rule: Modified-Structured
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 - House Committee: Governmental Affairs - House Committee Passed: 3/28/2011 - Rule: Modified-Structured

SB 93 - Controlled Substances; Schedule I, III, IV, V; "dangerous drug"; provisions
- BILL SUMMARY: SB 93 is the annual drug update bill by the Board of Pharmacy moving new and existing drugs into different classes.
The committee substitute adds a provision which exempts wholesale drug distributors from certain storage and handling requirements in regards to controlled substances containing pseudoephedrine. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Judiciary Non-Civil - House Committee Passed: 3/24/2011 - Rule: Modified-Structured
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 - House Committee: Judiciary - House Committee Passed: 3/29/2011 - Rule: Modified-Structured
SB 139 - Appellate Practice; provide for appeals involving nonmonetary judgments in child custody cases; provisions
- BILL SUMMARY: SB 139 provides 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.
The House Judiciary Committee's committee substitute to SB 139 adds an additional section to SB 139 which is language from Rep. Hatfield's HB 525. Section 3 serves to restore long-arm jurisdiction over non-residents with regard to original actions for divorce. This section corrects legislation passed during the 2010 legislative session. - Authored By: Sen. Jesse Stone of the 23rd - House Committee: Judiciary - House Committee Passed: 3/29/2011 - Rule: Modified-Structured
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 9-11 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 - House Committee: Energy, Utilities & Telecommunications - House Committee Passed: 3/28/2011 - Rule: Modified-Structured
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-for-profit 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 - House Committee: Higher Education - House Committee Passed: 3/29/2011 - Rule: Modified-Open
SB 178 - Health Care Facilities; regulation/licensing of assisted living communities; procedures/criteria
- BILL SUMMARY: Senate Bill 178 establishes the "assisted living community" as a new category of long-term health care provider to provide an intermediary level of service between personal care and nursing homes. An "assisted living community" is defined as a minimum 25-bed facility licensed by the Department of Community Health (DCH) to care for ambulatory patients by providing some assistance with personal services to include administering medication. As redefined, personal services allows the community to facilitate the arrangement for medical, nursing, health and other support services; however, the community will not provide continuous care.
The bill allows for the oversight of non-ambulatory clients under a provision called "assisted self-preservation", which is a determination made by the Office of the Fire Safety Commissioner that the evacuation of non-ambulatory individuals can be performed effectively because of an individual's condition, adequate staffing assistance, and the layout of the building. DCH is authorized to enforce the adequate conditions needed for persons qualifying for "assisted self-preservation" by requiring the community to move a patient to another location within the building or another facility, as well as modify staffing patterns as needed. The assisted living community is also required to maintain and update a quarterly listing of "assisted self-preservation" clients to be available on request of DCH. DCH may impose sanctions for non-compliance.
The community may employ a "certified medication aide" to assist in the administration of medication per a physician's instructions. The requirements for attaining this certification state that the applicant: 1) be a Georgia certified nurse aide, 2) successfully complete a state medication aide training program, 3) pass a written competency exam with a score of 80 or higher, and 4) demonstrate competent clinical skills. The responsibilities of a "certified medication aide" include

recording medications that are dispensed or refused, and observing and reporting changes in a patient's condition to their legal surrogate or representative. Drugs dispensed by a medication aide must be from a unit or multi-dose package, and the clinical skills of the medication aide must be reviewed on annual basis by the community, as well as reviewed on a quarterly basis by a registered nurse or pharmacist. Medication aides must complete on-going training requirements specified by DCH. In conjunction with a medication aide, the bill specifies that a licensed pharmacist must be employed by the assisted living community to review each patient's drug regimen, dispose of drugs properly, maintain policies and procedures for drug administration, and ensure compliance with these procedures.
The legislation states that assisted living communities must sustain a documented care plan for its residents. The communities are not eligible to receive Medicaid funds, nor enroll as providers of medical assistance, but are under the rulemaking authority of the Department of Community Health. No later than June 30, 2011, the department will define distinctive levels of care for personal care homes, assisted living communities and nursing homes; however, nothing in this bill allows for DCH to limit the care provided by nursing homes nor preclude them from issuing waivers or variances to personal care homes.
Within this legislation, an unlicensed personal care home will be deemed negligent per se if a personal injury or wrongful death of a patient is claimed.
Statutes throughout the Code are amended to include "assisted living communities", including 48-8-63.1 to require employee criminal background checks and prohibit the employment of persons convicted of certain criminal offenses. - Authored By: Sen. Johnny Grant of the 25th - House Committee: Health & Human Services - House Committee Passed: 3/23/2011 - Rule: Modified-Structured
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 - House Committee: Education - House Committee Passed: 3/29/2011 - Rule: Modified-Open
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 - House Committee: State Institutions & Property - House Committee Passed: 3/29/2011 - Rule: Modified-Open
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 - House Committee: Natural Resources & Environment - House Committee Passed: 3/29/2011 - Rule: Modified-Open

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 - House Committee: Transportation - House Committee Passed: 3/29/2011 - Rule: Modified-Structured ______________________________________________________________________________________________________________
COMMITTEE ACTION REPORT
Governmental Affairs
SB 160 - Elections; public utility corporations; political campaigns
- BILL SUMMARY: SB 160 allows public utility corporations that are regulated by the Public Service Commission to make political campaign contributions. Further it provides that any contributions made by a public utility corporation regulated by the Public Service Commission to a political campaign shall not be included as recoverable costs in any rate-making or rate-setting proceedings before the Public Service Commission. They will not, however, be able to contribute to members of the Public Service Commission. - Authored By: Sen. Don Balfour of the 9th - Committee Action: Do Pass
- This bill was "recommitted" back to the Governmental Affairs during House Floor proceedings.
Health & Human Services
HR 757 - House State Health Benefit Plan Study Committee; create
- BILL SUMMARY: House Resolution 757 creates the House State Health Benefit Plan Study Committee to review the adequacy and effectiveness of the insurance coverage offered to its participants. The Committee will be composed of nine members appointed by the Speaker, with one of the appointees named as the Chair. The Committee is authorized to hold five meetings funded by the usual allowances for interim committee work. - Authored By: Rep. David Lucas of the 139th - Committee Action: Do Pass
Health & Human Services
SB 66 - Perfusionists; revise continuing education requirements; definition
- BILL SUMMARY: Senate Bill 66 authorizes the Composite State Board of Medical Examiners to set the number or hours, as well as the approved course offerings, for the continuing education requirement of clinical perfusionists seeking licensure renewal.
The bill redefines the definition of `perfusion' to specify certain procedures of extracorporeal support, associated extracorporeal support functions, heart failure therapy and support, blood management and other clinical functions; however, a health care professional may perform other functions he or she is legally licensed to perform.
Section 3 removes the licensing requirement that an individual must be certified by the American Board of Cardiovascular Perfusion, and it revises the renewal process to require that a new application be submitted to practice for any existing license that has been expired three months or more. - Authored By: Sen. Earl "Buddy" Carter of the 1st - Committee Action: Do Pass
Health & Human Services
SB 76 - Georgia Trauma Care Network Commission; revise provisions; uncompensated trauma care
- BILL SUMMARY: This legislation allows the Georgia Trauma Care Network Commission to dispense funds for trauma care administered in out-of-state trauma centers where patients are transported. In addition, it requires Emergency Medical Services (EMS) personnel to submit to national criminal background checks. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass by Committee Substitute

Health & Human Services
SB 100 - Georgia Registered Professional Nurse Practice Act; revise a definition
- BILL SUMMARY: Senate Bill 100 adds a fifth option for nursing school programs in four-year, nonprofit schools to be approved under the 'Georgia Registered Nurse Practitioner Act', if that program's curriculum is determined by the Georgia Board of Nursing to have the same rigor as an accredited program.
The bill also prohibits anyone from using the title, or any abbreviated title, of 'nurse' unless the person is licensed or otherwise authorized to practice nursing. - Authored By: Sen. Mitch Seabaugh of the 28th - Committee Action: Do Pass
Health & Human Services
SB 135 - Chiropractors; provide that no person other than a doctor of chiropractic may render chiropractic services
- BILL SUMMARY: Senate Bill 135 requires any person rendering chiropractic services or adjustments to be a licensed doctor of chiropractic. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass as Amended
Health & Human Services
SB 183 - Education; school health nurse programs; revise provisions
- BILL SUMMARY: This bill amends 20-2-771.2 to allow local boards of education to consult with off-campus health care professionals, using appropriate protocols and contracts, for the school nurse program. This includes telemedicine. - Authored By: Sen. Greg Goggans of the 7th - Committee Action: Do Pass
Health & Human Services
SB 211 - Lead Poisoning Prevention; provide for certain federal regulations copies, fees, corrective orders, and violations
- BILL SUMMARY: This legislation restores the statutory enforcement provisions related to lead poisoning prevention activities for the Department of Natural Resources' Environmental Protection Division.
It requires the Department of Natural Resources (DNR) to provide current federal regulations affecting lead poisoning prevention to certified and licensed persons. DNR is allowed to charge (or refund) a fair application, licensing, licensing renewal or similar fee to operate the certification program.
The department is further authorized to order corrective action for violations, and may revoke or suspend licenses, certificates or other accreditations as provided by department regulations. Senate Bill 211 makes it a misdemeanor offense to engage in lead-based paint activities or training outside the provisions established in Chapter 41 of Title 31. - Authored By: Sen. Ross Tolleson of the 20th - Committee Action: Do Pass
Judiciary
SB 26 - Firearms; prohibit any additional limitations on carrying firearms during states of emergency
- BILL SUMMARY: SB 26 prevents public officials from using the pretext of a natural disaster to confiscate privately owned firearms. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass by Committee Substitute
Judiciary
SB 52 - Courts; require marshals to notify protected persons upon the service of certain protective orders
- BILL SUMMARY: The bill notifies protected persons upon service of certain protective orders. The committee substitute provides for a priority of how notice is to be given depending on whether email address or phone number
was furnished. In addition, the substitute clarifies what constitutes sufficient notice. - Authored By: Sen. Gloria S. Butler of the 55th - Committee Action: Do Pass by Committee Substitute

Judiciary
SB 112 - Military Parents Rights Act; procedures governing parental rights in the event one parent is subject to military deployment
- BILL SUMMARY: This legislation makes a series of allowances for parents who are parties to a custody proceeding who are also active duty members of the United States military.
Among these allowances is a stay of any custody proceeding to enter a final order during active duty deployment and for a period of 90 days following the end of such deployment. Also, a court will not be allowed to enter a final order altering custody if the only basis for entering such an order is the absence of the service member due to military service.
The committee substitute provides that though deployment cannot serve as sole factor in supporting a claim for change in material conditions, the court may consider evidence of the affect of the deployment.
Finally, the bill allows for the taking of testimony via electronic means and requires that the court retain jurisdiction regardless of the movements of the parties. It also allows a service member spouse to temporarily delegate parental rights during deployment. - Authored By: Sen. Joshua McKoon of the 29th - 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.
The House Judiciary Committee's committee substitute of SB 172 does give the court the right to waive the requirement of preplacement home study in cases where an adopted child already resides in the prospective home pursuant to a court order of guardianship, testamentary guardianship, or custody.
In addition, the committee substitute adds a new section to SB 172. Section 6 will amend a subsection relating to where records of adoption are kept and to clarify that non-identifying medication information that is contained in the adoption records shall be open to certain persons for the purpose of providing medical treatment and diagnosis. - Authored By: Sen. David Shafer of the 48th - Committee Action: Do Pass by Committee Substitute
Judiciary
SB 234 - Georgia Public Revenue Code; extensively revise provisions; ad valorem tax assessments and appeals from such assessments
- BILL SUMMARY: This bill revises the "Georgia Public Revenue Code" regarding provisions relating to advalorem tax assessments and appeals from such assessments. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass by Committee Substitute
Special Joint Committee on Georgia Revenue Structure
HB 388 - 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 4.6% rate beginning in 2012, and then
4.55% in following years. Eliminates all exemptions and deductions, except: o Dependent exemptions:
- Taxpayers up to $60,000 in income will still have an exemption for each dependent of $5,300. - Taxpayers who make over $60,000 but not above $70,000 in income will have an exemption for each dependant of $3,650. -Taxpayers who make over $70,000 in income but not over $200,000 will still have an exemption for each dependant of $2,000. o Itemized Deductions: - $30,000 in itemized deductions allowed for income up to $75,000 in federal AGI for married couples and 17,000 for couples up to $160,000; allowed itemized deductions phased out dollar for dollar as income increases up to $177,000. - $15,000 in itemized deductions allowed for income up to $37,500 for individual taxpayers and $8,500 for filers who make up to $80,000; allowed itemized deductions phased out dollar for dollar as income increases up to $88,500. o Retirement Exclusion - Retains the current $35,000 retirement income exclusion of $35,000/year ($70,000 for married couples)

o Unreimbursed business expenses that are itemized on federal returns over $2,500 shall be allowed to be deducted up to $8,000. o Social security income and military income deductions remain. o 529 college savings plan deductions, organ donation expense deductions, and deductions for premiums paid for high deductible
health plans remain. o Credits replace existing standard deductions and personal 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, which is phased in over 3 years beginning in 2013. 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. - Authored By: Rep. Mickey Channell of the 116th - 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 8:30 AM - 9:30 AM

Tuesday, April 12, 2011 FLOOR SESSION (LD 39) FY 2012 Budget Conference Committee

House Floor 403 CAP

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