Daily report [Apr. 12, 2011]

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

TOMORROW'S FORECAST
* The House will reconvene for its 40th Legislative Day on Thursday, April 14, at 9:30 AM.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Tuesday, April 12, 2011
TODAY ON THE FLOOR

39th Legislative Day

CONFERENCE COMMITTEE REPORTS
HB 78 - General appropriations; State Fiscal Year July 1, 2011 - June 30, 2012
- BILL SUMMARY: The Appropriations Act for Fiscal Year 2012, effective July 1, 2011, is set by the governor's revised revenue estimate of $18.3 billion in state funds and $34.1 billion in total funds. - Authored By: Rep. David Ralston of the 7th - House Committee: Appropriations - Yeas: 143; Nays: 32 - Adoption of the conference committee report represents final passage of this bill.
MOTIONS TO AGREE
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 - A motion to agree "AS AMENDED" by the House sends this bill back to the Senate for consideration
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 - House Committee: Insurance - A motion to agree represents final passage of this bill.

MOTIONS TO DISAGREE
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. - Authored By: Rep. Randy Nix of the 69th - House Committee: Natural Resources & Environment - A motion to disagree sends this bill back to the Senate for consideration.
RULES CALENDAR
SB 10 - Alcoholic Beverages; if approved by referendum; each county may authorize package sales by a retailer on Sundays
- BILL SUMMARY: Section 1 The bill amends Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the local authorization and regulation of sales of alcoholic beverages on Sunday. Notwithstanding other laws in each county or municipality in which package sales of malt beverages and wine by retailers are lawful, but package sales of distilled spirits by retailers are not lawful, the governing authority of the county or municipality as appropriate may authorize package sales by retailer of malt beverages and wine on Sundays between the hours of 12:30 p.m. and 11:30 p.m., if such Sunday sales of both malt beverages and wine are approved by referendum as provided in paragraph (2) of this subsection.
Any governing authority desiring to permit and regulate package sales by retailers of both malt beverages and wine on Sundays from 12:30 p.m. to 11:30 p.m. pursuant to paragraph (1) of this subsection, shall so provide by proper resolution or ordinance specifying the hours during such period when such package sales may occur.
Upon receipt of the resolution or ordinance the election superintendent shall issue the call for the election for the purpose of submitting the question of Sunday package sales by retailers of only malt beverages and wine to the electorate of said county or municipality for approval or rejection on a date and manner according to Code Section 21-2-540.
The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the election in the official organ of the county. The ballot shall have printed on it the words:
`( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of both malt
( ) NO beverages and wine on Sundays from 12:30 P.M. until 11:30 P.M.?'
All persons desiring to vote for approval of package sales by retailer of malt beverages and wine on Sundays from 12:30 p.m. until 11:30 p.m. shall vote `YES' and all persons desiring to vote for rejection of package sales by retailers of malt beverages and wine on Sundays from 12:30 p.m. until 11:30 p.m. shall vote `NO.' If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages and wine on Sundays from 12:30 p.m. to 11:30 p.m., the resolution or ordinance shall become effective upon the date so specified in that resolution or ordinance.
The cost of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election and certify the result to the Secretary of State.
Notwithstanding other laws in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers are lawful, the governing authority of the county or municipality as appropriate may authorize package sales by retailer of malt beverages, wine and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m., if such Sunday sales of both malt beverages, wine and distilled spirits are approved by referendum as provided in paragraph (2) of this subsection. If the governing authority seeks authorization of package sales by retailers of all alcoholic beverages, including malt beverages, wine and distilled spirits, and not of only one type of alcoholic beverage.
Any governing authority desiring to permit and regulate package sales by retailers of malt beverages, wine and distilled spirits on Sundays from 12:30 p.m. to 11:30 p.m. pursuant to paragraph (1) of this subsection, shall so provide by proper resolution or ordinance specifying the hours during such period when such package sales may occur.
Upon receipt of the resolution or ordinance the election superintendent shall issue the call for the election for the purpose of submitting the question of Sunday package sales by retailers of malt beverages, wine and distilled spirits to the electorate of said county or municipality for approval or rejection on a date and manner according to Code Section 21-2540.
The election superintendent shall cause the date and purpose of the election to be published once a week for four

weeks immediately preceding the election in the official organ of the county. The ballot shall have printed on it the words:
`( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of malt
( ) NO beverages, wine and distilled spirits on Sundays from 12:30 P.M. until 11:30 P.M.?'
All persons desiring to vote for approval of package sales by retailer of malt beverages, wine and distilled spirits on Sundays from 12:30 p.m. until 11:30 p.m. shall vote `YES' and all persons desiring to vote for rejection of package sales by retailers of malt beverages, wine and distilled spirits on Sundays from 12:30 p.m. until 11:30 p.m. shall vote `NO.' If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages, wine and distilled spirits on Sundays from 12:30 p.m. to 11:30 p.m., the resolution or ordinance shall become effective upon the date so specified in that resolution or ordinance.
The cost of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election and certify the result to the Secretary of State.
Section 2 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Sen. John Bulloch of the 11th - House Committee: Regulated Industries - Rule: Modified-Structured - Yeas: 127; Nays: 44
SB 19 - Forgery/Fraudulent Practices; definitions; medical identity fraud; provide punishment
- BILL SUMMARY: The bill provides for a definition and adds medical identity fraud to the statute provisions relating to identity fraud. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 135; Nays: 21
SB 33 - Waste Reduction Act of 2011; Zero-Base Budgeting Act; application to the budget process; analysis of departmental/program objectives
- BILL SUMMARY: 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.
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." House committee substituted SB 33 with HB 33 addressing ZBB. - Authored By: Sen. David Shafer of the 48th - House Committee: Budget and Fiscal Affairs Oversight - Rule: Modified-Structured - Yeas: 135; Nays: 38

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. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Education - Rule: Modified-Structured - Yeas: 167; Nays: 2
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 - Rule: Modified-Open - Yeas: 157; Nays: 5
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 provisions relating to the composition of the Georgia Magistrate Courts Training Council.
The bill allows senior magistrate judges to serve on the Georgia Magistrate Courts Training Council and allows 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 allows magistrates to carry over up to 6 training hours from the previous calendar year. - Authored By: Sen. John Crosby of the 13th - House Committee: Judiciary - Rule: Modified-Open - Yeas: 155; Nays: 18
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 - Rule: Modified-Structured - Yeas: 144; Nays: 20

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.
The House Judiciary Committee's committee substitute adds an additional section which allows instruments that are executed by a corporation conveying real property to be effective upon signature of a president or vice-president and attested or countersigned by a secretary/assistant secretary/cashier/assistant cashier notwithstanding the lack of a corporate seal. - Authored By: Sen. Joshua McKoon of the 29th - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 147; Nays: 25
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 - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 167; Nays: 3
SB 80 - Evidence; provide for DNA analysis of persons arrested for felony offenses
- BILL SUMMARY: As it passed the Senate, SB 80 will require that all persons arrested on a felony offense after July 1, 2011, have a sample of his or her blood, an oral swab, or other noninvasive sample of DNA taken.
Once probable cause is determined by a magistrate or grand jury, the arresting law enforcement agency will be responsible for collecting the sample in accordance with GBI standards which will then be stored and maintained by the GBI in a DNA data bank.
The bill does allow for a person who is acquitted of the charges or whose charges are dead docketed, dismissed or reduced to a misdemeanor to provide written request that the DNA profile be expunged. If a written request is produced along with proof, the GBI will destroy such person's sample.
The bill is subject to funding.
The House Judiciary Non-Civil Committee substitute instead mirrors the language of Rep. Jay Neal's HB 299 and moves the sections relating to DNA analysis upon conviction of sex offenses out of Title 24, Evidence, to Title 35, Law Enforcement Officers and Agencies. The bill expands DNA collections to include all convicted felons. - Authored By: Sen. Joshua McKoon of the 29th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 140; Nays: 31
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 - Rule: Modified-Structured - Yeas: 137; Nays: 30

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 - Rule: Modified-Structured - Amendments(s): AM 28-1105 adopted - Yeas: 160; Nays: 7
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 - Rule: Modified-Structured - Yeas: 167; Nays: 3
SB 95 - Peace Officers; applicant; appointment or certification; provide for the authority to investigate the employment history; ; provide immunities
- BILL SUMMARY: This bill provides that when an individual applies for a position as a peace officer, the law enforcement agency considering the applicant may have the authority to obtain employment related information to such law enforcement agency. The request must be made in writing and be accompanied by a signed, notarized statement from the applicant, candidate, or peace officer releasing the employer from any liability for disclosing complete and accurate information to the law enforcement agency. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Public Safety & Homeland Security - Rule: Modified-Structured - Yeas: 143; Nays: 31
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 - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 167; Nays: 1
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 - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 172; Nays: 0

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 - Rule: Modified-Structured - Yeas: 164; Nays: 1
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 - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 103; Nays: 54
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 - Rule: Modified-Structured - Yeas: 165; Nays: 7
SB 140 - Georgia Higher Education Facilities Authority; revenue bonds; increase the amount of bonding authority
- BILL SUMMARY: Senate Bill 140, as amended, adds to the definition of a `self-liquidating' project under the authority of the Georgia Higher Education Facilities Authority (GaHEFA) if the revenues derived directly from the project are sufficient to pay for the project.
The bill increases the maximum bonding authority for GaHEFA from $300 million to $400 million for self-liquidating construction projects within the Board of Regents and Technical College System of Georgia. It requires that the outstanding principal and interest payment for a specific project does not exceed 90 percent of that project's revenues, and the State Auditor must verify a project's viability to meet this condition before a bond is issued. - Authored By: Sen. Cecil Staton of the 18th - House Committee: Budget and Fiscal Affairs Oversight - Rule: Structured - Yeas: 139; Nays: 27
SB 141 - Martin Luther King, Jr. Advisory Council; create; membership, terms, duties; annual report
- BILL SUMMARY: SB 141 would create the Martin Luther King, Jr. Advisory Council within the Department of Community Affairs. The council shall consist of nine members who will serve four year terms, but no more than two consecutive terms. The duties of the council will include promoting racial harmony, principles of nonviolence, and appreciation of the Civil Rights Movement, as well as the life of Martin Luther King, Jr. The council will coordinate educational endeavors, cultural performances, exhibitions, and events that will help the council fulfill its duties. Additionally, the council will prepare an annual report detailing the council's activities for the Governor's and the General Assembly's review. The bill also creates a not-for-profit corporation to which voluntary contributions may be given. - Authored By: Sen. Emanuel Jones of the 10th - House Committee: State Planning & Community Affairs - Rule: Modified-Structured - Yeas: 158; Nays: 5

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 91-1 system. Local governments that collect or expend any 9-1-1 charges on or after July 1, 2005 must document the amount of funds collected and expended, and certify the compliance of said funds in an annual audit. - Authored By: Sen. Rick Jeffares of the 17th - House Committee: Energy, Utilities & Telecommunications - Rule: Modified-Structured - Amendments(s): Rules Committee Amendment adopted - Yeas: 158; Nays: 3
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.
The committee substitute added language to fix a loophole dealing with lobbyist expenditures on public employees. It requires those expenditures to be reported to the State Ethics Commission. - Authored By: Sen. Don Balfour of the 9th - House Committee: Governmental Affairs - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 162; Nays: 8
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 - Rule: Modified-Open - Yeas: 161; Nays: 5
SB 163 - Elections; identification of campaign communications, advertising, and literature; provide certain requirements
- BILL SUMMARY: SB 163 provides that any persons who make expenditures for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, website, mailing, or any other type of general public political advertising or literature for the purpose of expressly advocating the election or defeat of a clearly identified candidate shall be identified in the advertisement. - Authored By: Sen. Jim Butterworth of the 50th - House Committee: Governmental Affairs - Rule: Modified-Structured - Amendments(s): Rep. Ehrhart amendment adopted - Yeas: 146; Nays: 20
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 - House Committee: Insurance - Rule: Modified-Structured - Yeas: 161; Nays: 12
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 pre-placement 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 - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 167; Nays: 3
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 - House Committee: Insurance - Rule: Modified-Structured - Amendments(s): AM 37 - 0131 adopted - Yeas: 98; Nays: 63
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 selfpreservation" 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 - Rule: Modified-Structured - Yeas: 172; Nays: 1

SB 181 - Attorney General; prohibit contingent compensation under certain circumstances
- BILL SUMMARY: As it passed the Senate, SB 181 prohibits special prosecutors from being compensated on a contingency basis in forfeiture actions.
The House Judiciary Committee's committee substitute adds a new section to SB 181 which mirrors the language of HB 64 which passed out of the committee. Section 1 amends Code provisions relating to the payment of attorney fees upon notes or other evidence of indebtedness where such fees are provided for but a specified amount is not set forth in the instrument.
In a civil action if the award of attorney's fees provided under the Code section results in an amount greater than $20,000, the party who is required to pay may, prior to the entry of judgment, petition the court for a determination as to the reasonableness of the attorney's fees. The party requesting the attorney's fees will submit an affidavit and the party required to pay may respond. The court has discretion to decide whether the amount to be awarded is reasonable and necessary by hearing or based on the written evidence. A civil action to be cannot be instituted solely for the purpose of determining the reasonableness of the attorney's fees. - Authored By: Sen. Charlie Bethel of the 54th - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 161; Nays: 6
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 - Rule: Modified-Open - Yeas: 163; Nays: 1
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 - Rule: Modified-Open - Yeas: 159; Nays: 1
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 - House Committee: Insurance - Rule: Modified-Structured - Yeas: 139; Nays: 23

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 - Rule: Modified-Open - Yeas: 83; Nays: 85 - This bill Failed to receive a requisite constitutional majority
SB 223 - Georgia Government Accountability Act; establish; create Legislative Sunset Advisory Committee; authorize to review/evaluate state agencies', productivity, efficiency, and responsiveness
- BILL SUMMARY: Senate Bill 223 creates the `Georgia Government Accountability Act' to establish a review process of agency efficiency, as well as creates the Joint Legislative Budget Office.
The bill creates the Legislative Sunset Advisory Committee (the "Committee") consisting of seven members from each chamber to serve concurrent with the legislative biennium. The Speaker and the Lieutenant Governor appoint the members and each designates a co-chair; co-chairs can each appoint two ex-officio members and the Committee may employ staff to perform the work of the committee. The purpose of the Committee is to routinely schedule the review of all state agencies and executive branch subsidiaries that receive funds through a state appropriations Act.
The Committee's co-chairs are authorized to request assistance from any agency or office, which will comply. Agencies must make available to the committee and its staff any documentation subject to public record for inspection or duplication within 3 days of the request. If the Committee recommends the abolishment of an agency, it will be terminated one year from when the recommendation is made as long as the responsibilities and obligations, fiduciary or otherwise, are repealed, revised or reassigned by the General Assembly. In the absence of legislative action, the abolished agency will submit its budget request with the committee's recommended actions represented. Those entities established in the State Constitution will follow the same process with the additional step of providing any amendments needed to repeal or transfer its obligations, and those agencies which have not met publicly for a year or more may be abolished without further review. Legislation related to eradicating an agency and reassigning its responsibilities must be pre-filed by December 1st.
At least six months before a scheduled evaluation, the agency must provide to the Committee a list of: programs with goals; expenditures; explanation of failed objectives; level of public participation in rule-making; program purposes, activities and benchmarks; assessment of potential duplications across state departments; self-assessment for improvements and processes for attainment; budget needs for meeting objectives; statutory change recommendations; effect on federal funds and requirements if abolished; alternative methods for providing services for greater efficiencies; agency reorganizations or privatizations for effectiveness; 5-year hiring patterns; deficiency correction plans related to judicial or audited problems; justification for all committees and boards associated with the agency; a list of activities not called for in Code; copies of all audits; information on all litigation, and any other information requested by the Committee. The report must be validated by the agency director before submission.
The Committee has six months to review the report, which may include consultations, testimonials and public hearings with interested parties. The Committee will present its findings to the Speaker and the President of the Senate, and base its recommendation for on-going operations based on: efficiencies, achievement of objectives; effectiveness; need; reductions of duplication; statutory update needs; customer service and involvement; level of satisfied requirements; performance measures; status as a function of government; necessity by federal government, and change to the O.C.G.A. to enable compliance with the agency's mission. The report will recommend action for the abolishment, continuation or reorganization of the agency and/or its programs, as well as draft legislation to fulfill those recommendations.
The House substitute adds Part Two of the bill to combine the Senate and House Budget offices into the Legislative Budget Office, and makes that adjustment throughout the Code. - Authored By: Sen. William Ligon, Jr. of the 3rd - House Committee: Budget and Fiscal Affairs Oversight - Yeas: 120; Nays: 56

SB 266 - South Cobb Development Authority Act; change the name; provide membership; geographical area of operations
- BILL SUMMARY: A Bill to change the name of the "South Cobb Development Authority" to the "South Cobb Redevelopment Authority" in Cobb County, and, to provide for its membership, its geographical area of operations, and its powers and duties. - Authored By: Sen. Doug Stoner of the 6th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 139; Nays: 0
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 - Rule: Modified-Structured - Yeas: 145; Nays: 1
* The House will reconvene Thursday, April 14, at 9:30 AM, for its 40th Legislative Day.
______________________________________________________________________________________________________________
COMMITTEE ON RULES
The Committee on Rules has NOT yet met to fix a calendar for the 40th Legislative Day, Thursday, April 14
______________________________________________________________________________________________________________
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.
The committee substitute added language to fix a loophole dealing with lobbyist expenditures on public employees. It requires those expenditures to be reported to the State Ethics Commission. - Authored By: Sen. Don Balfour of the 9th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination
SB 274 - Macon, City of; City of Payne City; Bibb County; provide for the restructuring of the governments
- BILL SUMMARY: A Bill to provide a unified form of government for the City of Macon and Bibb County and to provide for its powers and duties. - Authored By: Sen. Robert Brown of the 26th - Committee Action: Do Pass by Committee Substitute

Intragovernmental Coordination - Local
HB 638 - Randolph County; board of elections and registration; create
- BILL SUMMARY: A Bill to create the Randolph County Board of Elections and Registration and to provide for its powers and duties. - Authored By: Rep. Gerald E Greene of the 149th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 189 - Stockbridge, City of; form of government; change provisions
- BILL SUMMARY: A Bill to amend the charter of the City of Stockbridge relating to the powers and duties of the mayor and to create the office of city administrator. - Authored By: Sen. Emanuel Jones of the 10th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
SB 265 - Lilburn, City of; change the corporate limits of the city
- BILL SUMMARY: A Bill to change the corporate boundaries of the City of Lilburn. - Authored By: Sen. Steve Henson of the 41st - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 267 - Coolidge, City of; elections of the mayor/councilmembers
- BILL SUMMARY: A Bill to provide for municipal elections in the City of Coolidge. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 270 - Eton, City of; provide for annexation of certain territory into the boundaries of the city
- BILL SUMMARY: A Bill to change the corporate boundaries of the City of Eton. - Authored By: Sen. Charlie Bethel of the 54th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 271 - State Court of Putnam County; concurrent jurisdiction with the Magistrate Court of Putnam County; violations of county ordinances
- BILL SUMMARY: A Bill to provide that the State Court of Putnam County shall have concurrent jurisdiction with the Magistrate Court regarding violations of county ordinances. - Authored By: Sen. Johnny Grant of the 25th - Committee Action: Do Pass
Judiciary Non-Civil
SB 19 - Forgery/Fraudulent Practices; definitions; medical identity fraud; provide punishment
- BILL SUMMARY: The bill provides for a definition and adds medical identity fraud to the statute provisions relating to identity fraud. - Authored By: Sen. Judson Hill of the 32nd - 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.
______________________________________________________________________________________________________________