Daily report [Apr. 14, 2011]

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TOMORROW'S FORECAST
* The House has adjourned SINE DIE on Thursday, April 14, 2011 for the 2011 Regular Session.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Thursday, April 14th, 2011
TODAY ON THE FLOOR

40th Legislative Day

CONFERENCE COMMITTEE REPORTS
HB 117 - Withholding tax; person listed on closing statement subject to requirements; provide
- BILL SUMMARY: This legislation clarifies the definitions relating to nonresident withholding taxes, by ensuring that the person or entity listed on the settlement statement is deemed to be the seller. - Authored By: Rep. Rick Crawford of the 16th - House Committee: Natural Resources & Environment - Adoption of this Conference Committee Report represents final passage of this bill
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 - Adoption of this Conference Committee Report represents final passage of this bill
HB 500 - Employment Readiness Program for Georgia's unemployed; establish
- BILL SUMMARY: HB 500 establishes the Employment Readiness Program for Georgia's unemployed and encourages participation in the Employment Readiness Program by persons receiving extended unemployment compensation benefits. The program will be administered by the Department of Labor. It is will be funded by federal funds received by this state for implementation of the Georgia Work Ready initiative and such other funding sources, including grants, donations, and appropriations, that may become available to the department. - Authored By: Rep. Jimmy Pruett of the 144th - House Committee: Industrial Relations - Adoption of this Conference Committee Report represents final passage of this bill
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 - Adoption of this Conference Committee Report represents final passage of this bill

MOTIONS TO INSIST
HB 322 - Sales and use tax exemptions; certain jet fuel sales; continue
- BILL SUMMARY: This legislation provides a sales tax exemption on jet fuels in the amount of 20 million dollars in FY 12 and 10 million dollars in FY 13, so long as the airline meets the definition of a qualifying airline. - Authored By: Rep. Jay Roberts of the 154th - House Committee: Ways & Means - A motion to insist sends this bill back to the Senate for consideration.
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 - A motion to insist sends this bill back to the Senate for consideration.
SB 251 - Insurance; transition from an annual renewal to a biennial renewal of licenses; agents, counselors, adjusters; adjustment of licensing fees
- BILL SUMMARY: SB 251 provides for the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters. - Authored By: Sen. David Shafer of the 48th - House Committee: Insurance - A motion to insist sends this bill back to the Senate for consideration.
MOTIONS TO AGREE
HB 40 - Chief's Law; enact
- BILL SUMMARY: This act shall be known as "Chief's Law." The act mandates for manufacturers, packagers, distributors, recyclers or sellers of antifreeze which is manufactured after July 1, 2012, and contains more than 10 percent ethylene glycol to include denatonium benzoate at a minimum of 30 and maximum of 50 parts per million as an aversive agent to render the antifreeze unpalatable. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Judiciary - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 46 - Uniform Interstate Depositions and Discovery Act; enact
- BILL SUMMARY: This bill would replace Article 6 of the Evidence Code relating to securing the attendance of witnesses and production and preservation of evidence known as the "Uniform Foreign Depositions Act" and replace it with the "Uniform Interstate Depositions and Discovery Act."
The bill provides definitions, and the new Uniform Act contained in HB 46 permits a domestic subpoena to be issued upon presentation of a foreign subpoena to the clerk of court. Unlike the current Uniform Act, the new proposed act would not only apply to depositions but also to all types of discovery. - Authored By: Rep. Mike Jacobs of the 80th - House Committee: Judiciary - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration

HB 47 - Health insurance; offer accident and sickness policies approved in other states; authorize
- BILL SUMMARY: HB 47 authorizes insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states. - Authored By: Rep. Matt Ramsey of the 72nd - House Committee: Insurance - A motion to agree represents final passage of this bill.
HB 53 - Detective and security businesses; certified Peace Officer Standard excluded; provide
- BILL SUMMARY: The legislation amends Code Section 43-38-14 of the Official Code of Georgia Annotated, relating to private detective businesses and private security businesses and relating to specific exemptions.
The bill provides that persons certified by the Georgia Peace Officer Standard and Training Council, are excluded from the provisions of O.C.G.A 43-38-14. Current law states that law enforcement officers must go through security officer training to work for a security company. This bill will allow POST certified officers to be exempted from the security officer training. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: Regulated Industries - A motion to agree represents final passage of this bill.
HB 66 - Insurance; certificate of insurance forms approved by commissioner; provide
- BILL SUMMARY: HB 66 makes two changes to state insurance law. First, property and casualty certificate of insurance forms shall be filed with and approved by the Insurance Department. Alteration of these approved forms is prohibited. Second, certificate holders would be regulated by the Insurance Commissioner. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - A motion to agree represents final passage of this bill.
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 represents final passage of this bill.
HB 90 - Heritage Trust Program; transfer State properties to local government; provide
- BILL SUMMARY: This bill authorizes the State of Georgia to transfer its interest in heritage preserve properties in the Heritage Trust Program to a county or local government upon certain conditions. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: State Institutions & Property - A motion to agree represents final passage of this bill.
HB 101 - Bicycles; safety; change provisions
- BILL SUMMARY: This bill updates many code sections regarding bicycles, safety equipment and riding. - Authored By: Rep. Doug McKillip of the 115th - House Committee: Public Safety & Homeland Security - A motion to agree represents final passage of this bill.

HB 107 - Health coverage; spouse and dependents of deceased public employee; provide
- BILL SUMMARY: This legislation amends Code Section 45-18-9 relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee. The surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the health insurance plan as long as they agree to pay contributions at the same rate required for state employees. - Authored By: Rep. David Ralston of the 7th - House Committee: Public Safety & Homeland Security - A motion to agree represents final passage of this bill.
HB 112 - Motor carriers; financial responsibility compatible with federal regulations; provisions
- BILL SUMMARY: HB 112 amends Title 40 of the Official Code of Georgia Annotated, so as to ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations. Further, it changes certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations. - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 114 - Lien foreclosures; abandoned vehicles; file affidavit; set fee
- BILL SUMMARY: This legislation states that no additional fees or moneys shall be added to the cost of filing an affidavit relating to lien foreclosures on abandoned vehicles except where a full hearing is requested and granted. In the case of a hearing being granted, the court is authorized to assess its normal fee for the hearing. - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - A motion to agree represents final passage of this bill.
HB 116 - Public Service Commission; procedure for stocks or other debt; provide certain exemption
- BILL SUMMARY: This legislation allows telecommunications companies, under the jurisdiction of the Public Service Commission, to conduct interstate financing transactions without prior approval from the Commission. - Authored By: Rep. Don Parsons of the 42nd - House Committee: Energy, Utilities & Telecommunications - A motion to agree represents final passage of this bill.
HB 125 - Agricultural Education Advisory Commission; meetings; change certain provisions
- BILL SUMMARY: This bill continues the Agricultural Education Advisory Commission that was scheduled to sunset this year. - Authored By: Rep. Tom Dickson of the 6th - House Committee: Agriculture & Consumer Affairs - A motion to agree represents final passage of this bill.
HB 129 - Conveyances; future conveyance of real property; prohibit fee
- BILL SUMMARY: The bill will prohibit a fee in connection with a future transfer of property except under limited circumstances.
The limited circumstances would include a condominium association created under the Georgia Condominium Act, a property owners' association under the Georgia Property Owners' Association Act; or a property owners' association that meets certain notice requirements of the Property Owner's Association Act. - Authored By: Rep. Doug McKillip of the 115th - House Committee: Judiciary - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 137 - Transportation, Department of; change multiple provisions
- BILL SUMMARY: This legislation amends several different Code sections relating to the Georgia Department of Transportation. It removes the bond requirement for the Director of Planning and states that when a Governor's term expires, the current director of planning shall remain until the new Governor appoints a replacement. If the new Governor doesn't appoint a new director of planning, the current director is still subject to confirmation by the House and Senate Transportation Committees. Requires only public roads which are open to public travel be maintained on state maps and written records.

Regarding asbestos pipe in utility facilities, a request for abandonment must be filed with the department if the facility is on the right of way. The entity doesn't relinquish ownership of the facility though it is deemed abandoned and out of service. If the facility is part of a project or is in conflict with any other operation of the department on the rights of way, then it is removed by the department in accordance with federal laws. If the entity fills with grout or leaves untouched and a new facility request qualifies as part of a project of the department then the entity must remove it according to federal guidelines. Costs related to the entity's decision are no longer offset by the department.
Counties and municipalities will now be required to include an approved digital file with the notification of a new road. The bill also amends OCGA to prohibit GDOT employees from allowing anyone to see or get a copy of an accident report when that person knows it's for commercial solicitation purposes. Any written requests to the department shall include the requestor's name, address, and intended use of the report detailed enough to prove that it's not for commercial solicitation. When reporting annexations, reports must include a list of roadways, bridges, and rights of way annexed and if necessary, the total mileage annexed. In the event that the department wants to develop where a cemetery is located, the department only has to get a permit if the development will cause the relocation of human remains.
In section 10, the Code is amended to allow GDOT to allow for third party designees to collect fees for accident reports. Section 11 states that law enforcement agencies with more than 500 reports a year must transmit information electronically if the department has approved the reporting agency for the electronic reporting method. This section also allows DOT to use a third party to fulfill its responsibilities under this Code section. - Authored By: Rep. Donna Sheldon of the 105th - House Committee: Transportation - A motion to agree represents final passage of this bill.
HB 156 - Indemnification payment; injured state highway employees; change provisions
- BILL SUMMARY: HB 156 adds state employed highway workers to the list of individuals eligible for payment for indemnification for death or disability occurring while on duty. - Authored By: Rep. Mike Cheokas of the 134th - House Committee: Insurance - A motion to agree represents final passage of this bill.
HB 158 - Elections; nonpartisan election; change date
- BILL SUMMARY: HB 158 changes the date non partisan elections are held. Currently, they are held in conjunction with the General Election in November. This bill will change that date to coincide with the General Primary Election. - Authored By: Rep. James Mills of the 25th - House Committee: Governmental Affairs - A motion to agree represents final passage of this bill.
HB 186 - High school students; expand career pathway options; provisions
- BILL SUMMARY: House Bill 186 is relating to the "Quality Basic Education Act" and to provide and expand options for high school students to ensure their career and college readiness. This bill will require a stronger coordination between high schools and institutions of higher education to ensure the readiness of students wanting to continue their education and lessen the need for remediation when entering an institution of higher education.
The State Board of Education (SBOE), the Board of Regents of the University System of Georgia and the Board of Technical and Adult Education will develop policies to ensure that student's core curriculum will be accepted at any institution of higher education beginning with students entering school in the fall of 2011. The Department of Education and State Board shall approve models and curriculum framework for 16 specific career clusters of study no later than July 1st 2012.
House Bill 186 also requires SBOE to embed, to the extent possible, academic standards in CTAE courses and to provide for course credit in both the academic course and the CTAE course. Requires the DOE to develop forms and information for students in 8th-12th grades relating to the availability of dual enrollment courses.
The State Board of Education will adopt a state wide plan implementing methods for students to earn units of high school credit based on demonstration of subject area competency, instead of in combination with completing hours of classroom instruction.
The Governor's Office of Workforce Development will establish a certification in soft skills for students. Some of the areas that will be included in the soft skills are: punctuality, ability to learn, working in a team, reading for information applied mathematics and more. This soft skills certification will help the students be even more prepared for the workforce on top of the education they have received. - Authored By: Rep. Randy Nix of the 69th - House Committee: Education - A motion to agree represents final passage of this bill.

HB 192 - State Education Finance Study Commission; evaluate Formula and funding; establish
- BILL SUMMARY: House Bill 192 is relating to the "Quality Basic Education Act" and establishes the State Education Finance Study Commission to evaluate the Quality Basic Education Formula and education funding for public schools. The Commission will be composed of 27 members from different departments, parents, business people, teachers and the General Assembly. Areas in which the commission shall study are: QBE formula, State and local funding partnership, equalization, student transportation, State school funding, capitol outlay, charter schools, career technical and agriculture education, dual enrollment, virtual schools, teacher pay, non-QBE grants and other Title 20 revisions. The bill states the staff support and assistance that will available to the commission from state agencies. Deadlines are in place for the commission to follow with everything being completed by December 31st 2012 with the proposed legislation for final recommendations. Final recommendations shall include prioritization of all recommendations including those that do or do not require a fiscal note. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Education - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 197 - Jails; certain inmate emergency medical care service charges; provide limitations
- BILL SUMMARY: The bill provides limitations on certain medical charges by hospitals who provide emergency care to inmates who are confined in a city or county detention facility. - Authored By: Rep. Barbara Sims of the 119th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 234 - Sales and use tax exemption; aircraft engines, parts, and equipment; eliminate sunset
- BILL SUMMARY: This legislation would extend the sunset date to June 30, 2013 for the exemption of sales tax on materials used for maintenance of aircraft that are repaired or maintained within the state, but are registered outside of the state. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Ways & Means - A motion to agree represents final passage of this bill.
HB 238 - Legal defense for indigents; powers and duties of council; change provisions
- BILL SUMMARY: This bill revises the management structure for the legal defense of indigents to increase the accountability of Georgia's public defender system.
Section 1 revises Code section 17-12-4(a), relating to the authority of the Georgia Public Defender Standards Council ("council"), by removing (1) the council's authority to hire administrative and clerical personnel and (2) the council's other powers as may be necessary to fulfill its purposes.
Section 2 amends Code section 17-12-5 relating to the director and director's responsibilities.
The director will be both appointed and removed by the council, subject to the approval of the governor.
This Code section allows the director to take certain actions without the council's approval. For example, it allows the director to hire a director of the division of the office of mental health advocacy without approval of the council.
Section 3 revises Code section 17-12-7(d) relating to council members and their responsibilities.
As originally introduced, this Code section requires a majority of the entire council to approve the appointment or removal of the chairperson for cause, for annual approval of an alternative delivery system, and other matters as set forth in Code section 17-12-36. The committee substitute strikes the "removal" and "for cause" language. Thus, the committee substitute for HB 238 requires a majority of the entire council to approve the appointment of the chairperson, for annual approval of an alternative delivery system, and other matters as set forth in Code section 17-12-36.
As originally introduced, the vote of two-thirds of the entire council is required to remove the chairperson of the council without cause or to overturn the director's decision regarding the removal of a circuit public defender. The HB 238 committee substitute strikes the "without cause" language. Thus, a two-thirds vote of the entire council is required to remove the chairperson of the council.
HB 238 committee substitute added Section 4. Section 4 provides the council the power to approve and implement programs, services and policies which it will make available to the public. However, the power to implement rules,

procedures and regulations will be with the director.
HB 238 committee substitute also added Section 5 which revises Code Section 17-12-9 relating to continuing legal education for public defenders and staff. This section keeps the Code consistent.
Section 6 amends Code section 17-12-10(c), relating to annual reporting, by requiring the director to provide its annual report to the General Assembly, the Supreme Court, and the Governor.
Section 7 amends Code section 17-12-10.1(f), relating to the legislative oversight committee, by requiring the committee to make an annual report of its activities and findings to the membership of the General Assembly, the Chief Justice of the Supreme Court, and the Governor.
Section 9 revises Code section 17-12-20 relating to the public defender selection panel for each circuit and the appointment of the circuit public defender.
This Code section creates a circuit public defender supervisory panel to be composed of three members in each judicial circuit.
The committee substitute provides that the circuit public defender supervisory panel will nominate up to five (original bill had 3) people to serve as the circuit public defender in the circuit. The director will select the circuit public defender from the panel's list of nominees.
This Code section allows the director to remove a circuit public defender for cause. The circuit public defender may appeal the decision to remove to the council. A vote of two-thirds of the members of the entire counsel may overturn the director's decision.
The circuit public defender supervisory panels must convene annually to review the circuit public defender's job performance and the performance of the circuit public defender's office.
Section 10 revises 17-12-22 by requiring the director, with input from the council, to establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest.
The committee substitute also adds Sections 11-14 to keep the Code consistent. - Authored By: Rep. Rich Golick of the 34th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 248 - Health Care Sharing Ministries Freedom to Share Act; enact
- BILL SUMMARY: HB 248 provides that a health care sharing ministry, which enters into a health care cost-sharing arrangement with its participants, shall not be considered an insurance company, a health maintenance organization, nor a health benefit plan; therefore, the ministry is not subject to the laws related to those entities. - Authored By: Rep. Jay Neal of the 1st - House Committee: Insurance - A motion to agree represents final passage of this bill.
HB 264 - Georgia Council for the Arts; power and authority; revise certain provisions
- BILL SUMMARY: This legislation transfers the power, authority, authority, and related matters of the Georgia Council for the Arts from the Office of Planning and Budget to the Department of Economic Development. - Authored By: Rep. Amy Carter of the 175th - House Committee: Economic Development & Tourism - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 265 - 2011 Special Council on Criminal Justice Reform for Georgians; Joint Committee; create
- BILL SUMMARY: HB 265 will create the 2011 Special Council on Criminal Justice Reform for Georgians and the Special Joint Committee on Georgia Criminal Justice Reform.
The 2011 Special Council will study the state's current criminal justice structure and report its findings and recommendations for legislation. As originally introduced, the legislation would provide that the findings be submitted no later than January 9, 2012. The committee substitute requires that the findings be made no later than November 1, 2011. The council will consist of 11 members with at least one member being nominated by each branch of government as well as at least one member from each party.

The Special Joint Committee on Georgia Criminal Justice Reform will consist of 17 members from both sides of the legislature and from both parties. The Chairman of the House Judiciary Non-Civil Committee will introduce legislation based on the recommendations of the council during the 2012 legislative session. The legislation will be referred to the Joint Committee. If the legislation passes the House, it will be referred back to the Joint Committee in the Senate.
HB 265 provides that the Rules in either chamber may contain provisions to allow this legislative process to occur. It will repeal itself on July 1, 2012. - Authored By: Rep. Jay Neal of the 1st - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 269 - Drivers' licenses; provide definitions; background checks; provisions
- BILL SUMMARY: HB 269 is the annual "house keeping" bill for the Department of Driver's Services. - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 277 - Hunting; baiting and hunting of deer and feral hogs; regulate; change provisions
- BILL SUMMARY: HB 277 enhances the management of game in Georgia, attempts to control the feral hog population, and provides for both economic development and public safety.
The sub passed by the subcommittee (LC 25 5871S) is different from the original in that it adds definitions for the "northern" and "southern zones." In the northern zone, hunters must be at least 200 yards away from the deer and not within sight of feed or bait. In the southern zone, hunters must have written permission of the landowner to hunt upon, over, or near feed or bait so long as they do not place any kind of bait within 50 yards of any property ownership boundary.
HB 277 gives the board the ability to restrict feeding, baiting, or hunting deer where there is a documented occurrence of a communicable disease in the deer population.
HB 277 also states that it shall be unlawful to hunt feral hogs without first obtaining permission from the landowner or lessee and strikes the lines that previously prohibited hunting feral hogs upon, over, around, or near bait. It also gives the board the authority to restrict the feeding, baiting, or hunting of feral hogs in areas where there is a documented occurrence of a communicable disease in the deer population. The Department will give notice by mail or electronic means and also place signs and markers to notify the public. - Authored By: Rep. Jason Shaw of the 176th - House Committee: Game, Fish, & Parks - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 280 - Emergency Telephone System Fund; additional uses for moneys; provide
- BILL SUMMARY: This legislation specifies that 9-1-1 revenue funds that remain after jurisdictions have paid for personnel, equipment, and facilities, be used for other expenses such as: the lease, purchase, or maintenance of a mobile communications vehicle and equipment; indirect costs associated with supporting the 9-1-1 center; and the lease, purchase, or maintenance of public safety voice and data communications systems. A reserve amount of 10% of the previous year's expenditures must be maintained. - Authored By: Rep. Ben Harbin of the 118th - House Committee: Energy, Utilities & Telecommunications - A motion to agree represents final passage of this bill.
HB 285 - School employees; criminal background checks; revise provisions
- BILL SUMMARY: House Bill 285 is relating to conditions of employment in the "Quality Basic Education Act". It deals with criminal background checks on school employees. Local units of administration and the Professional Standards Commission have the authority and responsibility to order criminal checks though the Georgia Crime Information Center and FBI. The local units of administration will also have the authority to forward results of the criminal record checks to the Professional Standards commission as necessary regarding potential violations of the code of ethics for educators. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Education - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 307 - Georgia Trauma Care Network Commission; burn centers and patients; provide
- BILL SUMMARY: This legislation defines a 'Burn trauma center' as a facility designated by the Department of Community Health that admits at least 300 patients annually in conjunction with burn-specific principal diagnosis codes as published by the International Classification of Diseases, and includes these facilities within the Georgia Trauma Care Network. - Authored By: Rep. Ben Harbin of the 118th - House Committee: Health & Human Services - A motion to agree represents final passage of this bill.

HB 325 - Student scholarship organizations; requirements and definitions; revise
- BILL SUMMARY: HB 325 clarifies many definitions as well as adds to certain definitions relating to the Student Scholarship Organizations (SSO). The bill provides that any student deemed to be eligible initially, is to be then eligible until that student either; graduates, reaches the age of 20 or returns to public school. Clarification is given to ensure that 90% of the total amounts of donations are put towards tuition grants and scholarships. Additional reporting requirements are put into place for SSO's, and a requirement for the Department of Revenue to post such statistics on their website. Penalties are added for any SSO found to be in noncompliance, as well as protections for a taxpayer who contributes to an SSO, who is later found to be in noncompliance. - Authored By: Rep. Earl Ehrhart of the 36th - House Committee: Ways & Means - A motion to agree AS AMENDED by the sent this bill back to the Senate for consideration
HB 343 - Mental health; psychiatric stabilization or detoxification services; provide
- BILL SUMMARY: This bill will establish within the Department of Behavioral Health and Developmental Disabilities the crisis stabilization units. These short-term residential programs will provide psychiatric stabilization and detoxification services. This will further allow the Department of Behavioral Health and Developmental Disabilities to establish standards and requirements for the operation and licensure of each of these units. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - A motion to agree represents final passage of this bill.
HB 346 - Income tax; taxable nonresident; change definition
- BILL SUMMARY: HB 346 clarifies how nonresidents must pay Georgia taxes on income for non-qualified deferred compensation plans, by direction the department of Revenue to use the days worked method to calculate this tax. - Authored By: Rep. David Knight of the 126th - House Committee: Ways & Means - A motion to agree represents final passage of this bill.
HB 373 - Designated felony acts; modify order for restrictive custody; clarify provisions
- BILL SUMMARY: The bill allows the Department of Juvenile Justice through counsel or a juvenile to petition the court to modify a sentence based on the juveniles good behavior. - Authored By: Rep. B.J. Pak of the 102nd - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 413 - Surplus line insurance; revise law
- BILL SUMMARY: HB 413 revises the surplus line insurance law in Georgia. The federal Nonadmitted and Reinsurance Reform Act (effective July 21, 2011) supersedes certain state regulation of surplus lines insurance and provides that surplus lines premium taxes must only be paid to the home state of the insured (not each state in which the insured is located) but provides that states may enter into an agreement (of which there are competing models) regarding the collection and allocation of premium taxes. HB 413 is needed to give the State (via the Governor with the advice of the Insurance Commissioner) the ability to determine which agreement, if any, may be in the best financial interests of the State. - Authored By: Rep. Rich Golick of the 34th - House Committee: Insurance - A motion to agree represents final passage of this bill.
HB 414 - Georgia Aviation Authority; revise duties
- BILL SUMMARY: This legislation takes the Georgia State Patrol aviation operations and equipment back under the purview of the Department of Public Safety. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: Transportation - A motion to agree represents final passage of this bill.
HB 415 - Jury Composition Reform Act of 2011; enact
- BILL SUMMARY: The bill calls for the Council of Superior Court Clerks to establish and maintain a statewide master jury list. The bill is a proposal of the Supreme Court's Jury Composition Committee, appointed in 2003, which studied whether an inclusive juror source list could replace Georgia' balanced box juror selection system. Since the 1960s, Georgia has used "forced balancing" to ensure that demographic groups within counties are proportionally represented in the jury pool. This bill ends forced balancing, and sets up a series of procedures and rules to compile a statewide, inclusive juror source list.

The bill requires the Department of Driver Services and the Secretary of State to provide certain information to the Council of Superior Court Clerks and to the Administrative Office of the Courts. The Council will screen drivers' license records, vital records, and voter registration records to create an inclusive source list of eligible jurors. The database will be cleaned of duplicates, bad addresses, and the names of felons and deceased people. Then the Council of Superior Court Clerks will certify and distribute an inclusive list to each individual county's Board of Jury Commissioners. The Council will assess each county board of jury commissioners a fee not to exceed 3 cents per name on the list.
A new list will be prepared and distributed annually. The quality and integrity of these jury lists will be regulated by Georgia Supreme Court Rule.
This legislation will result in local court officials having an inclusive jury list consistent with the intent behind our constitutional right to equal protection and a jury of one's peers. Jury service will also be more uniform among eligible citizens. - Authored By: Rep. Alex Atwood of the 179th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 421 - Criminal procedure; plea of mental incompetency; change provisions
- BILL SUMMARY: The bill revises current criminal procedures for determination of whether an accused criminal defendant is incompetent to stand trial. HB 421 creates a new Code Section 17-7-129 to codify case law and the current practice of Superior Courts raising the question of an accused's competency to stand trial.
It revises existing Code Section 17-7-130. Here, it clarifies existing law to require a bench trial on the issue of incompetency to stand trial while still allowing the accused the right to demand a jury trial. HB 421 clarifies the involvement of the Department of Behavioral Health and Developmental Disabilities in reaching a determination of competency.
Further, the bill requires that the bench trial on an accused's competency or civil commitment be held within 45 days of the court's receipt of a competency or civil commitment evaluation from the Department. The bill establishes the maximum time frame an accused, who has been found incompetent, may be held for further evaluation and establishes the maximum time frames for which an accused may be civilly committed.
As introduced, HB 421 revises the Crime Victim's Bill of Rights to ensure that victims are aware of competency and civil commitment hearings. The committee substitute eliminated this section because it placed a burden on the Department to give notice of hearings that it may not be a party to or have control over. - Authored By: Rep. Andrew J. Welch of the 110th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 423 - Unfair trade practices; certain residential contractors insurance claims; violations; provide
- BILL SUMMARY: HB 423 provides that a residential contractor shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. To do so shall be considered a violation of unfair trade practice. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - A motion to agree represents final passage of this bill.
HB 457 - Controlled substances; remote automated medication systems; pharmacists; authorize use
- BILL SUMMARY: This bill provides the method and manner by which a pharmacist may dispense medications using a remote, automated medication system. The bill also provides that the State Board of Pharmacy shall regulate the use and operation of such devices. The bill further clarifies that any such device is not a vending machine. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Health & Human Services - A motion to agree represents final passage of this bill.
HB 489 - Medicaid audits; contingency fee audits; prohibit
- BILL SUMMARY: The bill amends Code Section 49-4-151 relating to the Department of Community Health. This bill will allow the department to seek a waiver from the Centers for Medicaid and Medicare services to prohibit contingency fee contracts. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - A motion to agree represents final passage of this bill.

HB 503 - Sexual offenses; fund certain medical examinations; provide
- BILL SUMMARY: HB 503 revises the Code sections relating to victim compensation involving the crimes of alleged rape, sodomy and aggravated sodomy.
When evidence relating to the alleged crimes is collected during a medical examination of the victim of the alleged crime, the Georgia Crime Victims Emergency Fund will be responsible for the cost of the medical examination to the extent the expense is for the limited purpose of collecting evidence. Currently, the Code provides that the law enforcement agency investigating the crime is responsible for the cost.
HB 503 provides a definition for forensic medical examination and establishes five requirements that all forensic medical examinations must include. The Georgia Crime Victims Emergency Fund will pay up to $1000 for forensic medical examinations even if the person receiving the examination has health insurance. - Authored By: Rep. Amy Carter of the 175th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 588 - Hall County; community improvement districts; change provisions
- BILL SUMMARY: A Bill to amend the act which authorized the creation of community improvement districts in Hall County so as to change provisions relating to their locations and to provide for board appointments. - Authored By: Rep. James Mills of the 25th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
HR 95 - Conveyance of certain property; Appling, Burke, Toombs, Upson, and other counties; authorize
- BILL SUMMARY: This Resolution authorizes the exchange, leasing, conveyance, or sale of certain state owned real property in Appling, Burke, Calhoun, Carroll, Colquitt, DeKalb, Fulton, Haralson, Lowndes, Monroe, Stephens, Toombs, and Upson counties. - Authored By: Rep. Jay Neal of the 1st - House Committee: State Institutions & Property - A motion to agree represents final passage of this bill.
HR 507 - Carl Hamrick Memorial Highway; City of Gray; dedicate
- BILL SUMMARY: This substitute is the House road/bridge/intersection dedication package. All of those included recognize various Georgians from all over the state for their contributions to their communities and their state. - Authored By: Rep. Susan Holmes of the 125th - House Committee: Transportation - A motion to agree represents final passage of this bill.
SB 36 - Controlled Substances; provide establishment of program to monitor prescribing/dispensing; Electronic Database Review Advisory Committee
- BILL SUMMARY: SB 36, the Patient Safety Act of 2011, will set up a database of all controlled substances dispensed in the state that would be accessible by prescribers and dispensers only by secure passwords. As passed by the Senate, SB 36 would require Law enforcement to have a superior court subpoena in order to access the data.
The Judiciary Non Civil committee substitute revises SB 36 by adding language from HB 184. Section 1 of the committee substitute amends definitions relative to the regulation of controlled substances. Section 2 adds a new Part to Chapter 13 of Title 16 relating to controlled substances by creating eight (8) new Code sections. - 16-13-57 is added to reduce the abuse of controlled substances and the over-prescribing of controlled substances. Subject to funding, this Code section requires the board to establish and maintain a program to electronically record into an electronic data base prescription information resulting from the dispensing of Schedule II, III, IV, or V controlled substances and to electronically review the prescription information entered into the data base. - 16-13-58 authorizes the board to apply for available grants to accept any gifts, grants, or other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the program established in 16-13-57.
It authorizes the board to grant funds to dispensers to allow them to cover costs for dedicated equipment and software dispensers to use in complying with Code section 16-13-59's reporting requirements. The board is also authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser.
It does not require a dispenser to incur costs to purchase equipment or software to comply with this law. The grants to dispensers will be funded by gifts, grants, donations, or other funds received by the board for the operation of the program

established under 16-13-57.
This Code section does not require the appropriation of state funds.
- 16-13-59 requires each dispenser to electronically submit to the board information regarding each prescription dispensed for a Schedule II-V controlled substance. The information submitted for each prescription must include at least what is enumerated in the Code section and shall be submitted by each dispenser in accordance to board requirements on at least a weekly basis. If a dispenser is temporarily unable to comply, the dispenser will notify the board.
This Code section grants the board discretion to issue a waiver to a dispenser who is not able to submit prescription information by electronic means acceptable to the board. The waiver may allow the dispenser to submit prescription information by paper means.
It prohibits the board from revising the information required to be submitted by dispensers more than annually and from accessing or allowing others to access any identifying prescription information from the electronic data base more than two years after the date such information was originally received. The board must ensure that identifying information at least two years old is deleted or destroyed on an ongoing basis in a timely and secure manner.
A dispenser may apply to the board for an exemption to be excluded from compliance if compliance imposes an undue hardship on the dispenser.
- 16-13-60 requires prescription information submitted to be confidential and not subject to the open records requirement except as provided for in 16-13-60(c)-(d). The board will create strict procedures to ensure privacy of patients and prescribers, and the information will not be disclosed to anyone not specifically enumerated in this Act.
This Code section will allow the board to prepare a plan to provide electronic data base prescription information to a prescription monitoring program in another state if the standards of the requesting state are equivalent to those of the board.
This Code section prohibits any person who receives electronic data base prescription information or related reports from providing the information or reports to any other person except by court order or as otherwise permitted by this Act.
It requires any permissible user who directly accesses electronic base prescription information to implement and maintain a comprehensive information security program that contains appropriate administrative, technical, and physical safeguards.
- 16-13-61 creates an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the board on matters related to the electronic review of prescriptions. The committee must meet at least once annually, and the members of the committee will receive no compensation or reimbursement of expenses for their services. - 16-13-62 requires the board to establish rules and regulations to implement this law. - 16-13-63 states that this Act does not require a dispenser or prescriber to obtain information about a patient from the program and will not be held liable for damages to any person in any civil, criminal, or administrative action for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek information form the electronic data base. - 16-13-64 provides for offenses for: a dispenser to knowingly and intentionally fail to submit prescription information or submit incorrect prescription information; a person authorized to access electronic data base prescription information negligently uses, releases, or discloses such information in a manner or for a person that violates this law; an individual authorized to access electronic data base prescription information to knowingly obtain or disclose the information in a manner or for a purpose in violation of this law; a person to knowingly obtain, attempt to obtain, or disclose electronic data base prescription information under false pretenses; and a person to obtain or disclose electronic data base information with the intent to sell, transfer, or use such information for commercial advantage, personal gain, or malicious harm. This Code section provides a private right of action to any person who is injured by violation of this part. Penalties are cumulative, and SB 36 does not repeal other applicable penalties. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
SB 54 - State Highways; add a definition of "on-premise" or "on-property" signs
- BILL SUMMARY: This bill clarifies the language `sign advertising activities' by replacing it with a new term, "on-premise or on-property sign," which is defined as an advertising device which solely advertises the sale of lease of the real property upon which it is placed or an advertising device identifying the activities located on, or products/services available on the premises or property. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Transportation - A motion to agree represents final passage of this bill.

SB 58 - Spencer Pass Hero Memorial Act; indemnification for the death/disability of state highway employee; provisions
- BILL SUMMARY: SB 58 will be known as "The Spencer Pass Hero Memorial Act". It adds state employed highway workers to the list of individuals eligible for payment for indemnification for death or disability occurring while on duty. The substitute includes the language from SB 155.
SB 155 revises provisions relating to indemnification payments in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard. - Authored By: Sen. Steve Gooch of the 51st - House Committee: Insurance - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
SB 121 - Natural Resources, Dept. of; provide for refunding of fees under certain circumstances
- BILL SUMMARY: SB 121 establishes a procedure for the Secretary of State and the Department of Natural Resources, as well as its Board, to refund fees collected in error or overpayment or to which the department or state is not otherwise entitled. An amendment was added in committee to change the mileage rate for DNR board members. - Authored By: Sen. Butch Miller of the 49th - House Committee: Governmental Affairs - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.

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 - A motion to agree represents final passage of this bill.
MOTIONS TO DISAGREE
HB 30 - Contracts; illegal or void; repeal certain code sections
- BILL SUMMARY: Background: The General Assembly passed HB 173 during its 2009 legislative session which was contingently effective on the passage of a constitutional. amendment. The constitutional amendment was enacted by the General Assembly in 2010 in HR 178 and ratified by the voters in November 2010. Because of the stated effective date of HB 173, some have questioned the validity of the legislation. Therefore, HB 30 removes the uncertainty by reenacting the substantive provisions of HB 173. Summary: This bill amends Chapter 8 of Title 13 of the OCGA by (1) repealing subsection (a) of Code Section 13-8-2 relating to contracts contravening public policy which are not enforced and (2) repealing 13-8-2.1 relating to contracts in partial restraint of trade.
The bill then adds new code sections to define terms and allow for the enforcement of reasonable restrictive covenants in employment and commercial contracts. The idea behind the legislation is that this will encourage commercial enterprises to come to Georgia thereby creating jobs for Georgia citizens and helping the economy.
Section 13-8-53:Covenants restricting activities that are the same as or similar to those activities performed for the employer are enforceable. There need not be any reference to geographic area or specific products or services.
The bill provides that prohibitions against soliciting business from customers are narrowly construed to apply only to the business's customers with whom the employee had material contact, and only to competing products and services.
The bill further provides that good faith covenants that include extraneous activities, products, services or areas shall be construed to cover only so much as relates to the actual activities, products, services and areas with which the former employee was involved. This subsection further provides model language to include in covenants.
The bill further provides that a court may modify an otherwise unenforceable covenant to make it enforceable, so long as the modification does not render the covenant more restrictive on the employee.
Section 13-8-54 provides that the court shall construe a restrictive covenant to comport with its intent, and that the court may modify the restraint provision to grant only the relief necessary to protect the interest.
Section 13-8-55 provides for the burden of proof.
Sections 13-8-56 and 13-8-57 provide for presumptions in determining the reasonableness of the restrictive covenant. Section 13-8-56 covers the presumptions made of a restrictive covenant that limits/restricts competition during the course of an employment or business relationship and 13-8-47 limits/restricts after a term of employment.
Section 13-8-58 allows third party beneficiaries to enforce covenants. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Judiciary - A motion to disagree sends this bill back to the Senate for consideration.

HB 49 - Technical and adult education; State Board of the Technical College System of Georgia; change name
- BILL SUMMARY: The legislation amends Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the establishment of the State Board of Technical and Adult Education.
The bill changes the name of the State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia. - Authored By: Rep. Len Walker of the 107th - House Committee: Higher Education - A motion to disagree sends this bill back to the Senate for consideration.
HB 133 - Income tax payment; de minimis overpayments and insufficiencies; provisions
- BILL SUMMARY: This legislation allows taxpayers to not have to remit tax bills less than one dollar to the state, but additionally the bill provides for the Department of Revenue to not have to make returns that are less than one dollar, unless specifically requested by the taxpayer. - Authored By: Rep. Ellis Black of the 174th - House Committee: Ways & Means - A motion to disagree sends this bill back to the Senate for consideration.
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 - A motion to disagree sends this bill back to the Senate for consideration.
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 - A motion to disagree sends this bill back to the Senate for consideration.
RULES SUPPLEMENTAL CALENDAR
HR 113 - House School Bus Safety Study Committee; create
- BILL SUMMARY: This resolution creates the House School Bus Safety Study Committee. This study committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: Public Safety & Homeland Security - Rule: Modified-Structured - Yeas: 157; Nays: 7
HR 489 - Professional Learning Rules Task Force; establish
- BILL SUMMARY: House Resolution 489 directs the State Board of Education to revise its professional learning rules so its is the responsibility of principals, district leasers, and state leaders to ensure that teachers have opportunities for professional learning that are consistent with major research findings and best practices regarding professional learning. This resolution also calls for the establishment of the Professional Learning Rules Task Force to review current State Board of Education rules on professional learning. HR 489 lists those that the task force will be composed of and that they shall present recommendations for professional learning rules to the State Board of Education no later than July 1st 2013.
This bill also includes language from HR 461 and HR 492: House Resolution 461 directs that the Georgia Department of Education and the Georgia Professional Standards Commission work together to develop a course on educator ethics to include information on the Official Georgia Code of Ethics for educators and have as one area of emphasis on best practices for administering state mandated tests. House Resolution 492 directs the professional Standards Commission to revise the certification renewal rules so that demonstration of the impact of professional learning on educator performance and student performance is required in order to renew certification- effective July 2015. Also establishes a task force to determine the level of evidence necessary for educators to demonstrate the impact of professional learning. - Authored By: Rep. Brian Thomas of the 100th - House Committee: Education - Rule: Modified-Structured - Yeas: 157; Nays: 7
HR 497 - School systems; adopt policies that prohibit tobacco use; urge
- BILL SUMMARY: House Resolution 497 urges local school systems in Georgia to adopt policies that prohibit the use of tobacco on campus and at school facilities. 109 of 180 local school systems currently have policies in place- this resolution would urge the remainder to adopt policies. - Authored By: Rep. Ann Purcell of the 159th - House Committee: Education - Rule: Modified-Structured - Yeas: 157; Nays: 7

HR 586 - United States Congress; F-35 Joint Strike Fighter Program; urge refrain cuts
- BILL SUMMARY: This resolution urges the Federal government not to cut spending for the F-35 fighter jet. Many of the parts are manufactured here in Georgia and represent a large economic impact for the state. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Defense & Veterans Affairs - Rule: Modified-Structured - Yeas: 157; Nays: 7
HR 615 - Savannah, City of and Southeast LNG; form study committee; urge
- BILL SUMMARY: This resolution urges the formation of a committee by the City of Savannah and Southeast LNG to study the transport of liquefied natural gas through Chatham County. - Authored By: Rep. J. Craig Gordon of the 162nd - House Committee: Transportation - Rule: Modified-Structured - Yeas: 157; Nays: 7
HR 643 - House Study Committee on the Equine Industry; create
- BILL SUMMARY: The resolution creates the House Study Committee on the Equine Industry. The resolution provides that the committee shall be composed of six members, appointed by the Speaker of the House of Representatives. The committee is authorized to meet jointly with the Senate study committee if one is developed. The committee shall undertake a study of the equine industry in Georgia and the benefits therein; make recommendations as to any actions or legislation deemed necessary; and provide a report with findings and recommendations on or before December 31, 2011. The committee shall be abolished on December 31, 2011. - Authored By: Rep. Harry Geisinger of the 48th - House Committee: Regulated Industries - Rule: Modified-Structured - Yeas: 157; Nays: 7
HR 810 - House State Health Insurance Plan Alternative Funding Study Committee; create
- BILL SUMMARY: Creates the House State Health Insurance Plan Alternative Funding Study Committee. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Insurance - Rule: Modified-Structured - Yeas: 157; Nays: 7
SR 68 - Science and Technology Strategic Initiative Joint Study Commission; create
- BILL SUMMARY: SR 68 would create the Science and Technology Strategic Initiative Joint Study Commission, which would be composed of twelve members and would undertake a study of the conditions, needs, issues, and problems relevant to science and technology. Further, the committee shall make any recommendations for actions they deem appropriate. The Commission will be composed of twelve members, one of the Senate Science and Technology Committee, one of the House Science and Technology Committee, three from the private sector with a background in science and technology, the Commissioner of Economic Development or his or her designee, the Georgia Technology Chief Information Officer or his or her designee, the State School Superintendent or his or her designee, the Chairperson of the Board of Regents or his or her designee, and the Chairperson of the State Board of Technical and Adult Education or his or her designee. - Authored By: Sen. Barry Loudermilk of the 52nd - House Committee: Science and Technology - Rule: Modified-Structured - Yeas: 157; Nays: 7
LOCAL CALENDAR
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 0

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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 149; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 0
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