Daily report [Feb. 2, 2012]

HOUSE BUDGET & RESEARCH OFFICE (404) 656-5050 HOUSE COMMUNICATIONS (404) 656-0305

TOMORROW'S FORECAST
* The House will reconvene for its 14th Legislative Day on Friday, February 3, at 9:00 AM. * 2 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Thursday, February 02, 2012
TODAY ON THE FLOOR

13th Legislative Day

MOTIONS TO INSIST
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.
HB 129 will also allow a historic property owner to subdivide his or her land if it is in accordance with local subdivision regulations and is not prohibited by other laws, ordinances or regulations.
Rep. McKillip added two amendments on Sine Die which were never agreed to by the Senate. The first amendment adds the language from Rep. Mike Jacob's Vacant Property Registry, HB 110. The second House amendment adds the language from Chairman Rich Golick's mortgage fraud bill, HB 237. - Authored By: Rep. Doug McKillip of the 115th - House Committee: Judiciary - A motion to insist sends this bill back to the Senate for consideration.
RULES CALENDAR
HB 475 - Development Authorities Law; include facilities owned by public or private entity; amend definition
- BILL SUMMARY: House bill 475 amends the Development Authorities Law to expand the definition of the term "project" to include facilities owned by a public or private entity or a combination of the two for the purposes of trade, commerce, industry, or employment opportunities. The term "project" includes highway facilities, surface transportation projects, and projects that are related to surface, overhead, or underground transportation. The authority will determine and apply the definition of project each particular facility falls into without review. Further, the authority is granted the ability to issue bonds to construct, purchase, acquire or equip a project for the purpose of leasing or selling it. - Authored By: Rep. Jay Powell of the 171st - House Committee: Economic Development & Tourism - Rule: Modified-Open - Amendments(s): N/A - Yeas: 132; Nays: 28

HB 763 - Juries; certain persons ineligible to serve as trial or grand jurors; clarify
- BILL SUMMARY: HB 763 provides cleanup language for last year's HB 415, which was the Jury Composition bill.
HB 763 reinserts language of the prior Code which was inadvertently deleted in HB 415. - Authored By: Rep. Alex Atwood of the 179th - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): N/A - Yeas: 163; Nays: 0
LOCAL CALENDAR
HB 752 - Jasper County; board of commissioners; provide staggered terms
- BILL SUMMARY: A Bill to reapportion the Jasper County Board of Commissioners. - Authored By: Rep. Susan Holmes of the 125th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 753 - Jasper County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Jasper County Board of Education. - Authored By: Rep. Susan Holmes of the 125th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 764 - McIntosh County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the McIntosh County Board of Education. - Authored By: Rep. Roger B. Lane of the 167th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 765 - McIntosh County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the McIntosh County Board of Commissioners. - Authored By: Rep. Roger B. Lane of the 167th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 784 - Haralson County; board of education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Haralson County Board of Education. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 803 - Gilmer County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Gilmer County Board of Education. - Authored By: Rep. David Ralston of the 7th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 812 - Douglas County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Douglas County Board of Education. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0

HB 815 - Central State Hospital Local Redevelopment Authority Act; enact
- BILL SUMMARY: A Bill to create the Central State Hospital Local Redevelopment Authority and to provide for its powers and duties. - Authored By: Rep. E. Culver "Rusty" Kidd of the 141st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
HB 823 - Henry County; appointment of county surveyor; provide
- BILL SUMMARY: A Bill to abolish the elective office of County Surveyor in Henry County and to provide for the office to be appointive. - Authored By: Rep. Andrew J. Welch of the 110th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
* The House will reconvene Friday, February 3, at 9:00 AM, for its 14th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 14th Legislative Day, Friday, February 3, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 741 - Supplemental appropriations; State Fiscal Year July 1, 2011 - June 30, 2012
- BILL SUMMARY: House Bill 741 amends the Fiscal Year 2012 budget for the State of Georgia based on an estimated revenue of $18.5 billion in state funds and $38.3 billion in total funds. - Authored By: Rep. David Ralston of the 7th - House Committee: Appropriations - House Committee Passed: 2/2/2012 - Rule: Modified-Open
HB 806 - Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide
- BILL SUMMARY: This legislation amends Code Section 32-2-2 relating to the powers and duties of the Department of Transportation and motor fuels. If a motor fuel appropriation made to the department during any fiscal year has not been fully spent or contractually obligated by the end of the fiscal year, the purpose of the remaining balance of the appropriation carried forward into the next fiscal year shall be activities of the department incident to providing and maintaining an adequate system of public roads and bridges in this state. For accounting purposes, the appropriations balances shall be accumulated in the `Mandatory Appropriation Carryover Program' and will remain part of the State Public Transportation Fund. The requirements for these appropriations will apply only to the first 20% of the original appropriation. Any unspent or unobligated balance in excess of 20% of the original appropriation shall carry forward as a continuing mandatory appropriation for its original purpose unless changed as provided by law. This subparagraph does not apply to appropriations for the authorization or payment of public debt, appropriations for grants to local governments for public road work, or any appropriation that is no an appropriation to the department. Allocation of funds from the Mandatory Appropriations Carryover Program will not be permitted to go to any program or activity that did not have an appropriation in the fiscal year in which such allocation is made unless the need was not ascertainable at the time of the General Appropriations Act for that fiscal year. Additionally, the department will not be allowed to allocate funds from the Carryover Program to a new program or activity which would require operating funds or capital outlay funds beyond the fiscal year in which the allocation is made. - Authored By: Rep. Jay Roberts of the 154th - House Committee: Appropriations - House Committee Passed: 2/2/2012 - Rule: Structured
* The Rules Committee will next meet on Friday, February 3, at 8:30 AM

COMMITTEE ACTION REPORT
Appropriations
HB 741 - Supplemental appropriations; State Fiscal Year July 1, 2011 - June 30, 2012
- BILL SUMMARY: House Bill 741 amends the Fiscal Year 2012 budget for the State of Georgia based on an estimated revenue of $18.5 billion in state funds and $38.3 billion in total funds. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass
Appropriations
HB 806 - Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide
- BILL SUMMARY: Section 1 Part (i) states that prior year motor fuel dollars shall be carried forward into the next fiscal year and are authorized for use in providing an adequate system of public roads and bridges. Part (ii) creates the "Mandatory Appropriation Carryover Program" that will become a part of the yearly budget (currently, this money is listed in the budget as "other"). Part (iii) specifically allows the General Assembly to exclude an appropriation from the "Mandatory Appropriation Carryover Program". Part (iv) only allows up to 20 percent of prior year motor fuel dollars to be rolled over into the Mandatory Appropriation Carryover Program. The other 80 percent will carry forward as a continued appropriation for its original purpose. Part (v) expressly prohibits funding for LMIG and debt service from being rolled into the Mandatory Appropriation Carryover Program. Part (vi) prohibits the allocation of funds from the Mandatory Appropriation Carryover Program from being redistributed to a program that did not have an appropriation from the Legislature during that fiscal year, unless the need was not ascertainable at the time of the general appropriations act. Section 2 States that legislation will impact any appropriations bill signed into law following the signature of this legislation. If the Governor signs this legislation prior to the amended FY 2012 budget, prior year motor fuel funds from previous years will be carried forward into FY 2013. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass by Committee Substitute
Education
HB 760 - Elementary and secondary education; capital outlay funds replace exceptional growth program
- BILL SUMMARY: House Bill 760 is relating to capital outlay funds for elementary and secondary education. SECTION 1: Removes definitions that will no longer be applicable to the capital outlay legislation:
Annual debt service (Lines 17-19). Exceptional Growth (Lines 20-21). References to "Weighted" FTEs (Lines 24, 26, 30-32).
SECTION 2: Lines 43-44: Removes references to annual debt service. Lines 52-53: Removes references to exceptional growth. Lines 57-62: Removes reference to projects using prototypical designs under the supervision of GSFIC.
SECTION3: Lines 66-67: Removes reference to exceptional growth. Lines 89-92: Another reference to prototypical designs.
SECTION4: Lines 100-108: Again, this removes references to prototypical designs.
SECTION5: Lines 115-116: Removes references to exceptional growth. Lines 118-124: Increases the level of entitlement authorization for the Regular category from $200 million to $300 million beginning with the 2014 applications (effective with the FY14 budget). Lines 129 132, Lines 139 146 and Lines 161-167: Remove items no longer applicable to the formula used to compute total state facilities needs: o Exceptional Growth (Lines 130-132), o Annual debt service payments (Lines 139-146). o Local credit (Lines 161-167).

Lines 170 - 172: This language will allow Exceptional Growth entitlements earned for FY13 or accumulated from prior years to be combined with Regular Entitlement earnings.
SECTIONS 6 AND 7: Lines 185, 192, 197 and 205 in Section 6 and Line 209 in Section 7: These changes impact Advance Funding by the following: o Raises the minimum number of years required to repay the advance funds from 3 to 5 years. (Section 6 Lines 185 & 197, and Section 7, Line 209). o Housekeeping item: Changing "Advanced" to "Advance" to make the language consistent throughout the law (Lines 192, 197). o Removing the June 30, 2015 repeal date for this section (Line 205).
SECTION 8: Lines 216-299: Strikes the entire subsection J which explains exceptional growth.
SECTION 9: Lines 314-315: Removes references to exceptional growth.
SECTION 10: Lines 319-326 and Lines 351-420: Removes non-binding language regarding local referendum to keep a school open after the local board has decided to close it.
SECTION 11 AND 12: Line 424 in Section 11 and Line 429 in Section 12: Removes references to subsection j (exceptional growth).
SECTION 13 AND 14: Lines 443-451 in Section 13 and Lines 455-467 in Section 14: Remove obsolete language that pertained to the expired Incentive Advance funding for mergers. Specifically: o Lines 443-451 in Section 13: Removes restrictions for state capital funds to be provided for a local system high school consolidation construction project when the local bond referendum for said project did not pass. o Lines 455-467 in Section 14: Removes outdated language for districts submitting plans by July 1, 1992 to reorganize or consolidate schools. o Line 467 in Section 14: Reserves the section for future use, if needed.
SECTION 15: Line 477: Removes subsection j which references exceptional growth.
SECTION 16: Lines 483-490: Removes language to follow procedures established in subsection K.1 (non-binding referendum), which is being eliminated in Section 10. Lines 490: Reserves the section for future use, if needed.
SECTION 17: Lines 494-502: This new subsection codifies the process to use when a district requests emergency capital outlay funds for a school which has been destroyed or damaged by a natural disaster.
SECTION 18: Section 18 makes changes to the eligibility requirements for the Low-Wealth program as follows: Lines 513-515: Removes references to per capita income, which is being eliminated from the capital outlay calculations for low-wealth grants. Lines 519 523: Defines equivalents millage (for those school systems with a Local Option Sales Tax or LOST) as the combination of property tax revenues and sales tax revenues representing the amount that would be generated by a designated rate of mills. Lines 524-525: Clarifies that full-time equivalent student count (FTEs) will be used rather than weighted full-time student count (WFTE). Lines 531-535: Removes language relating to prototypical designs. Lines 535-539: This new language recognizes local effort by giving school systems with low-wealth projects a 1% reduction in the required local participation for each full mill levied over 12 mills or the equivalent, up to 8%. Lines 542-583: Establishes new eligibility criteria to meet in order to receive a low-wealth grant: o Lines 542-544: Evaluate systems ranked in the bottom 25% of sales tax revenues per FTE rather than those that fall below 75% of the statewide average of sales tax revenue per FTE. o Lines 546-549: Evaluate systems ranked in the bottom 25% of property wealth per FTE rather than those that fall below 75% of the statewide average of value of property per weighted FTE. Strikes "weighted". o Lines 550-557: Establishes an alternate criterion for determining eligibility for low-wealth specific projects. To qualify, systems must rank in the bottom 25% of special purpose local option sales tax revenue. The language includes factors the Department will consider when reviewing a request for funding. o Lines 558-559: Removes per capita income from the formula. o Lines 560-567: Simplifies the language requiring school systems to have 12 mills of the equivalent mills in place in order to qualify for a low-wealth project. o Lines 570-571: Requires systems to use prototypical specifications for projects. o Lines 572-574: Removes requirement for systems to have an advance funded project in place in order to qualify for a lowwealth project. Line 575: Removes language that sunsets low-wealth program on June 30, 2015. Lines 575-583: Limits required local participation to the estimated revenue generated by SPLOST revenue over a 5-year period. Furthermore, when this amount and the low-wealth grant is not sufficient to meet the eligible project costs, the state will provide the difference upfront, and the school system will repay this amount through future entitlement earnings.

SECTION 19: Line 585-586: The effective date for this legislation is July 1, 2012. These changes will apply to FY14 applications (FY14 budget) forward.
SECTION 20: Line 588: Repeals any laws conflicting with these changes. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass
Education
HB 824 - Quality Basic Education Act; calculating equalization grants; revise method
- BILL SUMMARY: House Bill 824 revises the methodology for calculating equalization grants as well as adds an eligibility requirement for receiving the grant.
SECTION 1: Defines "equivalent millage" for the purpose of being eligible for Equalization. This section also changes the benchmark for Equalization from the 75% percentile to the statewide average (less any outliers based on wealth). Specifically: Lines 37-40 Language is added defining "equivalent millage" as the combination of property tax and sales tax revenue representing the amount generated by a designated millage rate. This language is applicable to school systems that have a Lost Option Sales Tax (LOST) for maintenance and operations. Lines 41-51 Strikes language that says the guaranteed valuation (the benchmark that is equalized to) is the school system at the 75th percentile. Instead, the new guaranteed valuation will be a modified statewide average of assessed valuation per Weighted FTE (WFTE). Systems will continue to be ranked in wealth/WFTE, but for the purposes of calculating the statewide average, the top 5% and bottom 5% of systems will be removed from the averaging calculation. Lines 65-72 Adds new language that requires any school system that falls below the guaranteed valuation to have a millage of 12 mills or the equivalent in order to be eligible for Equalization. This provision has an effective date of July 1, 2015. Lines 85-86 Removes language related to the benchmark school system (75th percentile). Lines 121-126 Removes language related to the benchmark school system (75th percentile) and replaces it with the new guaranteed valuation (modified state-wide average). Lines 159 161 Removes outdated language that only applied to FY 2006.
SECTION 2: All laws or parts of laws in conflict with this Act are repealed. - Authored By: Rep. Mike Dudgeon of the 24th - Committee Action: Do Pass
Education
HR 1150 - Sales and use tax; educational purposes; only distributed on basis of full-time equivalent student counts - CA
- BILL SUMMARY: House Resolution 1150 is proposing an amendment to the Constitution of Georgia. With this amendment the sales and use tax for education purposes can only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between county school district and the independent school districts located in the county. If passed, this proposed amendment will be submitted on the ballot for ratification or rejection. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass
Education
HR 1162 - General Assembly; state-wide education policy; clarify authority - CA
- BILL SUMMARY: House Resolution 1162 is proposing an amendment to the Constitution of Georgia to clarify the authority of the state to establish state-wide education policy. With this bill the General Assembly will be able to create and define special schools. If passed, this proposed amendment will be submitted on the ballot for ratification or rejection. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 642 - Georgia Services Administration; create; revise several Titles
- BILL SUMMARY: The House Governmental Affairs Committee substitute to HB 642 abolishes the office of State Personnel Administration and relocates its duties to the Department of Administrative Services. - Authored By: Rep. Doug Collins of the 27th - Committee Action: Do Pass by Committee Substitute

Governmental Affairs
HB 707 - Elections; valid student identification card with photograph to vote; provide
- BILL SUMMARY: HB 707 provides that an elector may present a valid student identification card containing a photograph of the elector and issued by an eligible private postsecondary institution in this state as proof of identity in order to vote. - Authored By: Rep. Alisha Thomas Morgan of the 39th - Committee Action: Do Pass
Governmental Affairs
HB 725 - Elections; selection and qualification of candidates and presidential electors; provisions
- BILL SUMMARY: HB 725 provides that in any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a partisan or nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays. - Authored By: Rep. Mark Hamilton of the 23rd - Committee Action: Do Pass
Governmental Affairs
HB 728 - Property; covenants; clarify provisions
- BILL SUMMARY: HB 728 provides that any covenant restricting lands to certain uses which was created prior to zoning laws being adopted by a county or municipality shall continue to be effective until the expiration of such covenant in accordance with its terms. - Authored By: . Rick Jasperse of the 12th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 805 - State Personnel Administration; abolition; make conforming amendments and correct references
- BILL SUMMARY: HB 805 is a companion bill to HB 642. It is a "name change bill" dealing with retirement for people under the State Personnel Administration which will fall under DOAS with passage of HB 642. Should HB 642 fail to pass, HB 805 will have no effect. - Authored By: Rep. Doug Collins of the 27th - Committee Action: Do Pass
Human Relations & Aging
HB 831 - Human Services, Department of; include Division of Rehabilitation Services
- BILL SUMMARY: House Bill 831 seeks to amend Title 34 of the Official Code of Georgia Annotated to transfer the Division of Rehabilitation Services from the Department of Labor to the Department of Human Services beginning July 1, 2012. This includes the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Tabled
Judiciary
HB 594 - Limited liability companies; low-profit companies; change certain provisions
- BILL SUMMARY: HB 594 creates a new class of limited liability companies that will be treated similarly to a partnership. The proposed L3C is quasi-charitable in that it is for-profit but achieves a social good. - Authored By: Rep. Jon G. Burns of the 157th - Committee Action: Do Pass

Judiciary
HB 711 - Evidence; privileges; change provisions
- BILL SUMMARY: HB 711 is a joint spousal/advocate privilege bill.
First, the bill adds certain exemptions to the spousal privilege and when a spouse would be compelled to testify. In addition to the instances when a husband or wife is charged with a crime against a child under the age of 18, HB 711 adds exemptions the husband or wife is charged with a crime against the spouse or their property or the crime occurred prior to the marriage. As introduced, the bill included an exemption for when the husband or wife is charged to have acted jointly in the commission of the crime charged, but the bill substitute does not include this language.
Next, HB 711 prevents certain agents from being compelled to disclose information relating to family violence or sexual assault victims disclosed during the course of treatment programs. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute
Judiciary
HR 1151 - Joint Human Trafficking Study Commission; create
- BILL SUMMARY: HR 1151 creates a 13 member study committee to examine Georgia's system of care for victims of human trafficking. The study committee will be known as the Joint Human Trafficking Study Commission and will abolish on January 1, 2013. It will have the right to make a report of any findings as well as recommendations for any proposed legislation.
The committee substitute adds a provision that one member from the Senate and one from the House must be from the minority party. In addition, it contains a provision that any report would be given to the Speaker of the House and the Lieutenant Governor. - Authored By: Rep. Buzz Brockway of the 101st - Committee Action: Do Pass by Committee Substitute
Public Safety & Homeland Security
HB 687 - Alarm monitoring service companies; utilize alarm verification; provisions
- BILL SUMMARY: This legislation requires an alarm monitoring company to use a second contact for alarm verification in the event that no contact is made on the first attempt so that in the event of a false alarm, the dispatched law enforcement can disregard and continue on with their duty. In the committee substitute there is an exemption for fire alarms. No second verification call will be required in the even that there is a fire alarm, panic, robbery-in-progress, or crime-in-progress which as been verified to be true by video or audible means. - Authored By: Rep. Tom Taylor of the 79th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HR 1150 - Sales and use tax; educational purposes; only distributed on basis of full-time equivalent student counts - CA
- BILL SUMMARY: House Resolution 1150 is proposing an amendment to the Constitution of Georgia. With this amendment the sales and use tax for education purposes can only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between county school district and the independent school districts located in the county. If passed, this proposed amendment will be submitted on the ballot for ratification or rejection. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

TBD 8:30 AM - 9:30 AM 1:00 PM - 3:00 PM

Friday, February 03, 2012 Floor Session RULES Setzler Subcommittee Judiciary Non-Civil

HOUSE CHAMBER (9:00am) 341 CAP 132 CAP

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

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