Daily report [Feb. 22, 2012]

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

TOMORROW'S FORECAST
* The House will reconvene for its 24th Legislative Day on Thursday, February 23, at 10:00 AM. * 6 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Wednesday, February 22, 2012
TODAY ON THE FLOOR

23rd Legislative Day

RULES CALENDAR
HB 514 - Distilled spirits; free tastings on premises; authorize
- BILL SUMMARY: The bill amends Code Section 3-4-180 and provides for a definition of `free tastings' of tax paid varieties of distilled spirits. `Free tastings' means the provision of complimentary samples of distilled spirits to the public for consumption on the premises of a distiller. The legislation also provides a definition of `sample,' which is one-half of one ounce of distilled spirits.
The commissioner shall, upon proper application issue an annual permit to any distiller licensed in the state authorizing such distiller to conduct educational and promotional distillery tours which may include free tastings by members of the public of tax-paid varieties of distilled spirits manufactured by such distiller.
No distiller conducting free tastings under this Code section shall provide, directly or indirectly, more than the one sample to a person in one calendar day. Free tastings shall be held in a designated tasting area on the premises of the distiller and all open bottles shall be visible at all times. - Authored By: Rep. E. Culver "Rusty" Kidd of the 141st - House Committee: Regulated Industries - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 146; Nays: 20
HB 640 - Insolvent insurers; claimants rights; correct certain language
- BILL SUMMARY: HB 640 simply corrects language in OCGA 33-36-14 that was accidentally omitted by a drafting error. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Insurance - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 160; Nays: 7
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 - House Committee: Public Safety & Homeland Security - Rule: Modified-Open - Amendments(s): N/A - Yeas: 132; Nays: 9

HB 730 - Administrative Services, Department of; public works construction contracts; provisions
- BILL SUMMARY: HB 730 establishes that unless otherwise required by law, the Department of Administrative Services shall not in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract:
(1) Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or
(2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Industrial Relations - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 104; Nays: 64
HB 769 - Consumers' utility counsel division; not necessary to file copies of filings with Public Service Commission; provide
- BILL SUMMARY: This legislation states that until the Consumers' Utility Counsel Division is specifically granted funding in the appropriations act, the division will not be required to file copies of filings with the Public Service Commission. - Authored By: Rep. Harry Geisinger of the 48th - House Committee: Energy, Utilities & Telecommunications - Rule: Modified-Open - Amendments(s): N/A - Yeas: 152; Nays: 0
HB 811 - Budgetary and financial affairs; automatic fee adjustment in certain cases; provide
- BILL SUMMARY: HB 811 provides for automatic fee adjustments of 20% in cases where funds are not appropriated for the specified purposes as stated when the fee was created. - Authored By: Rep. Jay Powell of the 171st - House Committee: Governmental Affairs - Rule: Structured - Amendments(s): N/A - Yeas: 151; Nays: 5
HB 850 - Guardian and ward; criminal background checks for persons seeking to become a guardian; provide
- BILL SUMMARY: HB 850 gives probate judges the discretion to require petitioners seeking to become a guardian or conservator to submit to a background check. - Authored By: Rep. Brett Harrell of the 106th - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): N/A - Yeas: 171; Nays: 2
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 establish special schools. HR 1162 states that special schools shall include charter schools, as defined and provided for by law; provided that special schools shall only be public schools. If passed, this proposed amendment will be submitted on the ballot for ratification or rejection. - Authored By: Rep. Jan Jones of the 46th - House Committee: Education - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 123; Nays: 48

SB 231 - Probation; provide additional offenses for which first offender status shall not be granted
- BILL SUMMARY: The bill precludes those who have been charged with inflicting serious harm or injury on one of our law enforcement officers from receiving probation and first offender status if convicted of such crime. - Authored By: Sen. Lindsey Tippins of the 37th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 165; Nays: 0
LOCAL CALENDAR
HB 774 - Morgan County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Morgan County Board of Commissioners. - Authored By: Rep. Doug Holt of the 112th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 775 - Morgan County; Board of Education; change composition and description of districts
- BILL SUMMARY: A Bill to reapportion the Morgan County Board of Education. - Authored By: Rep. Doug Holt of the 112th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 958 - Crawford County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Crawford County Board of Education. - Authored By: Rep. Robert Dickey of the 136th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 959 - Crawford County; Board of Commissioners; revise districts
- BILL SUMMARY: A Bill to reapportion the Crawford County Board of Commissioners. - Authored By: Rep. Robert Dickey of the 136th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 976 - Hart County; Board of Commissioners; change description off districts
- BILL SUMMARY: A Bill to reapportion the Hart County Board of Commissioners. - Authored By: Rep. Alan Powell of the 29th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 977 - Hart County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Hart County Board of Education. - Authored By: Rep. Alan Powell of the 29th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1

HB 980 - Gainesville, City of; board of education; revise districts
- BILL SUMMARY: A Bill to reapportion the City of Gainesville Board of Education. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 1000 - Irwin County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Irwin County Board of Commissioners. - Authored By: Rep. Jay Roberts of the 154th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 1009 - Worth County; board of commissioners; reapportion districts
- BILL SUMMARY: A Bill to reapportion the Worth County Board of Commissioners. - Authored By: Rep. Buddy Harden of the 147th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 1010 - Worth County; Board of Education; reapportion districts
- BILL SUMMARY: A Bill to reapportion the Worth County Board of Education. - Authored By: Rep. Buddy Harden of the 147th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 1031 - Greene County; board of education; change compensation for chairperson and members of board
- BILL SUMMARY: A Bill to provide compensation to the chairperson and members of the Greene County Board of Education. - Authored By: Rep. Mickey Channell of the 116th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 1063 - Troup County Airport Authority; change membership of authority
- BILL SUMMARY: A Bill to change the membership of the Troup County Airport Authority. - Authored By: Rep. Carl Von Epps of the 128th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
HB 1070 - Brantley County; school district ad valorem tax; provide homestead exemption
- BILL SUMMARY: A Bill to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00. - Authored By: Rep. Chad Nimmer of the 178th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 1
* The House will reconvene Thursday, February 23, at 10:00 AM, for its 24th Legislative Day.

COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 24th Legislative Day, Thursday, February 23, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 183 - General Assembly members; members of Georgia Legislative Retirement System; provisions
- BILL SUMMARY: This bill would allow each person that becomes a member of the General Assembly on or after July 1, 2012 to become a member of the Legislative Retirement System (LRS) within two months of taking office. Anyone that is elected to a consecutive term shall have continuous membership from term to term. Also, any member of the General Assembly that previously elected not to become a member may irrevocably elect to join the System. They may obtain creditable service for prior service as a member if they pay the full actuarial cost.
This legislation also addresses retired LRS members who return to work for a "public employer." Under this bill, any public employer that employs a retired plan member shall notify the LRS Board of Trustees within 30 days and indicate the number of hours the employee plans to work annually. Failure to properly notify the trustees will result in liability by the employer or employee for any benefits that are wrongfully paid.
This is a fiscal retirement bill. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Retirement - House Committee Passed: 2/15/2012 - Rule: Modified-Open
HB 434 - Social workers; requirements for licensure; revise provisions
- BILL SUMMARY: This bill relates to the definition and to the licensure of social work. The bill will replace the term "determinations" with "diagnoses". - Authored By: Rep. Katie M. Dempsey of the 13th - House Committee: Health & Human Services - House Committee Passed: 2/15/2012 - Rule: Modified-Structured
HB 863 - State purchasing; purchases without competitive bidding; change certain provisions
- BILL SUMMARY: This Bill, entitled "The Small Business Assistance Act of 2012," allows supplies, materials, equipment and service that can reasonably be acquired for less than $25,000 and are not on a state contract to be purchased without competitive bidding. The Commissioner of the Department of Administrative Services will be in charge of setting rules and regulations for agencies to do this. The Bill also creates a Purchasing Advisory Council comprised of the Director of the Georgia Technology Authority, the Director of the Office of Planning and Budget, the Chancellor of the University System of Georgia, the Commissioner of the Technical College System of Georgia, the Commissioner of Transportation, the Secretary of State, the Commissioner of Human Services, the Commissioner of Community Health, the Commissioner of Public Health, the Commissioner of Behavioral Health and Developmental Disabilities, and one member appointed by the Governor. Rules and regulations regarding the governing of the Council will also be set by the Commissioner of Administrative Services.
The Bill also defines "Georgia Resident Business" and defines a "small business" as a Georgia resident business that has fewer than 500 employees or less than $50 million per year in gross receipts.
The substitute clarified that a Georgia Resident Business has to have maintained a physical location where business is regularly conducted in the state for at least one year prior to any bid or proposal, and that it cannot be a post office box, a leased private mailbox, site trailer, or temporary structure. A Georgia Resident Business can also be a new business, as long as it physically conducts business in Georgia. - Authored By: Rep. Matt Hatchett of the 143rd - House Committee: State Institutions & Property - House Committee Passed: 2/16/2012 - Rule: Modified-Open

HB 865 - Georgia Motor Common and Contract Carrier Act of 2012; enact
- BILL SUMMARY: HB 865 enacts the "Georgia Motor Common and Contract Carrier Act of 2012". Primarily, it transfers the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety. - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - House Committee Passed: 2/8/2012 - Rule: Modified-Structured
HB 875 - Natural Resources, Department of; privacy of certain records and personal information; provide
- BILL SUMMARY: House Bill 875 This bill amends Code Section 27-1-3 and 52-7-5 so as to provide privacy of certain records and personal information maintained by the Department of Natural Resources. The bill will repeal conflicting laws. Section 1 A new subsection, subsection (k), will be added to Code Section 27-1-3. Subsection (k) states that any personal information such as an individual's date of birth, social security number, home address, personal mobile telephone number, medical or disability information etc. that may be present on any license, registration, permit or stamp, or other document required by the department, that the individual is either applying for or in possession of, be except from any law of this state requiring that such records be open for public inspection. However, such records may be provided to public or private entities performing activities under an agreement with the department, but the records shall remain exempt from public inspection. Individuals applying for such a license, registration, permit, stamp or permission issued by the department in relation to a business under this title, may request or indicate on their application that the department may reveal the address, telephone number and email address for the business, even if such information is the same as the individual's.
Section 2 Subsection (g) of Code Section 52-7-5 will be amended by revising the subsection. Subsection (g) states the same changes, with the addition of personal information such as height, weight, biometric identifiers etc., that subsection (k) states in the previous section of the bill. However, this subsection pertains generally to the numbering of vessels. The same revisions of the previous section pertaining to businesses are also stated in the revised subsection (g). - Authored By: Rep. David Knight of the 126th - House Committee: Game, Fish, & Parks - House Committee Passed: 2/7/2012 - Rule: Modified-Structured
HB 879 - Elementary and secondary education; care of students with diabetes in school; provide
- BILL SUMMARY: House Bill 879 requires the Department of Education, the Department of Public Health, the Georgia Board of Nursing, and the Georgia Medical Board to develop guidelines for training school employees in the care of students with diabetes. The local board of education will be required to train at least two school employees at each school with a diabetic student, and train all bus drivers responsible for a diabetic student in the recognition of diabetic emergencies. The parents of each student with diabetics will submit a diabetes medical management plan. Upon written request, the student will be allowed to perform the activities to regulate their condition in any area of the school grounds, and to possess all the necessary supplies and equipment to perform this monitoring. - Authored By: Rep. Matt Ramsey of the 72nd - House Committee: Health & Human Services - House Committee Passed: 2/15/2012 - Rule: Modified-Open
* The Rules Committee will next meet on Thursday, February 23, at 9:00 AM, to set the Rules Calendar for the 25th Legislative Day.
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COMMITTEE ACTION REPORT
Agriculture & Consumer Affairs
HB 678 - Mattresses; use of previously used material; provide regulation
- BILL SUMMARY: The bill amends by revising Code Sections 31-25-1 to 31-25-13, regarding mattresses and similar consumer products.
Section 1 - Code Section 31-25-1 defines 'articles of bedding' means any of the following types of goods which are intended for use by any human being for sleeping purposes: any mattress, mattress pad, mattress protector, upholstered spring, comforter, quilted pad, quilt, cushion, or pillow which is stuffed or filled in whole or part with concealed material. Additional definitions include:
'Manufacturer' means a person who either by himself or herself or through employees or agents makes any article of bedding in whole or in part or who does the upholstery or covering of any unit thereof, using either new or previously used material.
'New material' means any material which has not been used in the manufacture of another article or used for any other purpose.
'Person' means any individual, corporation, company, business, partnership, or association.
'Previously used material' means any material, including jute and shearings, which has been used in the manufacture of another article and subsequently torn, shredded, picked apart, or otherwise disintegrated or altered.
'Renovator' or 'reupholsterer' means any person who repairs, makes over, re-covers, restores, or renews any article of bedding for consideration.
'Sell' means sell, offer to sell, barter, trade, rent, or possess with intent to sell, deliver or consign in sale, or dispose of in any other commercial manner.
Code Section 31-25-2 provides that no person, except for his or her own use shall, make, repair or renovate articles of bedding for sale in Georgia without first securing a numbered certificate of registration from the Department of Agriculture and paying the fee established for the certificate of registration as set forth in Code Section 31-25-2. The charge for this certificate shall constitute an inspection fee for the purpose of enforcing this chapter. The certificate of registration shall expire one year from the date of issue. The charge shall be paid according to the following schedule:
(1) Manufacturers of articles of bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000.00 (2) Renovators and reupholsterers of articles of bedding . . . . . . . . . . . . . . . . . 250.00 (b) Fees collected by the Department of Agriculture under this chapter shall be deposited in the general fund of the state treasury.
Code Section 31-25-3, provides that every person applying for a certificate of registration shall furnish a detailed drawing and description of any sterilizing apparatus and process to be used, which apparatus and process shall be approved by the Department of Agriculture before the applicant shall be entitled to a certificate of registration.
Code Section 31-25-4 further states that (a) No person subject to this chapter shall use any previously used material which, since last used, has not been sterilized by a process approved by the Department of Agriculture. (b) No person shall sell a used article of bedding which has not been sterilized, since last used, by a process approved by the Department of Agriculture, provided that nothing in this chapter shall be construed as prohibiting public sales under process of law or sales by an executor or an administrator of an estate.
Code Section 31-25-5 provides that any person who receives articles of bedding for renovation, reupholstering, or storage shall keep attached thereto, from the time of receipt, a tag on which is legibly written the date of receipt and the name and address of the owner.
Code Section 31-25-6 provides the following: (a) No person shall manufacture, renovate, reupholster, or sell any article of bedding to which there is not securely sewed a cloth-backed tag which is at least six square inches in area and upon which there shall be stamped or printed with ink in the English language:

(1) The name of the material or materials used to fill the article of bedding; (2) The name and address of the manufacturer, renovator, upholsterer, or vendor of the article of bedding; (3) The manufacturer's, upholsterer's, or renovator's certificate of registration number issued by the Department of Agriculture; and (4) The words 'Made of New Material' if such article contains no previously used material; or the words 'Made of Previously Used Material' if such article contains any material classified as 'Previously Used Material'; or the word 'Secondhand' if such article has been previously used but not remade. The words so stamped shall be in letters at least 1/4 inch high. The tag shall contain nothing of a misleading nature and shall be sewed to the outside cover of every article of bedding being manufactured, renovated, or reupholstered before the filling material has been placed therein. (b) No person, other than a purchaser for his or her own use, shall remove from articles of bedding or deface or alter the tag required under this Code section.
Code Section 31-25-7 states that the Department of Agriculture is authorized and empowered, through its duly authorized representatives, to enforce this chapter. This chapter shall have no application to articles of bedding manufactured by inmates for use by prisoners, detainees, or other government purposes. The Department of Agriculture shall not be authorized to enforce this chapter against the Department of Corrections or other local, state, or federal agencies.
Code Section 31-25-8 provides that the Department of Agriculture is authorized and empowered to inspect every place where articles of bedding are manufactured, renovated, reupholstered, or sold or where material used in such manufacture, renovating, or reupholstering is mixed, worked, sold, or stored
Code Section 31-25-9, provides that when a duly authorized representative of the Department of Agriculture has reasonable cause to believe that an article of bedding is not tagged or filled as required under Code Section 31-25-6, he or she shall have authority to open a seam of such article of bedding for the purpose of examining the filling and shall likewise have authority and power to examine any purchase records or invoices necessary to determine the kind of material used in such article of bedding. He or she shall have power to seize and hold for evidence any article of bedding or material made, possessed, or offered for sale contrary to this chapter.
Code Section 31-25-10 states that the Department of Agriculture shall have the power to require any person supplying material to a manufacturer, renovator, or reupholsterer to furnish such manufacturer, renovator, or reupholsterer an itemized invoice of all materials so supplied, which shall be retained by the manufacturer, renovator, or reupholsterer for one year. All such invoices shall be subject to inspection by the Department of Agriculture.
Code Section 31-25-11 lists that it is the intention of this chapter to prevent both the manufacture and sale in this state of articles of bedding unless manufactured and sold in conformity with its provisions. The Department of Agriculture may make and enforce reasonable rules and regulations for the enforcement of this chapter and may suspend, revoke, and void the certificate of registration of any person convicted of violating this chapter. Any person, a nonresident of this state, who has been issued a certificate of registration and who fails or refuses to enter an appearance in any court of record in this state to answer a charge or charges of violation after service upon such person of a notice by registered or certified mail to so appear or respond, shall have his or her certificate of registration peremptorily revoked by the Department of Agriculture. The articles of bedding manufactured or sold by such person shall not thereafter be sold in this state until such person has paid a special inspection fee of $1,000.00 and the Department of Agriculture has determined that such person is complying with this chapter, whereupon the Department of Agriculture shall reinstate or reissue the certificate of registration to such person.
Code Section 31-25-12 provides that the possession of one or more articles covered by this chapter, when found in any store, warehouse, or place of business other than a private home, hotel, or other place where such articles are ordinarily used, shall constitute prima-facie evidence that the article or articles so possessed are possessed with intent to sell or process the same for sale.
Code Section 31-25-13 states that any person who violates any provision of this chapter shall be guilty of a high and aggravated misdemeanor punishable by not more than one year in prison or a fine of not more than $10,000.00, or both."
Section 2 This Act shall become effective on January 1, 2013. Section 3 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Ralph Long of the 61st - Committee Action: Tabled

Agriculture & Consumer Affairs
HB 746 - Agriculture, Commissioner of; final decision and reconsideration; clarify timing
- BILL SUMMARY: The legislation amends Code Section 2-2-9.1 of the O.C.G.A., relating to the administrative authority of the Commissioner of Agriculture. On hearings of individuals adversely affected. The bill clarifies the timing of the Commissioner's final decision and decision for reconsideration of the final decision.
Section 1 The revised paragraph (2) of subsection (1) and paragraph (6) of subsection (m) reads as follows: "(2) The Commissioner's final decision shall be rendered not later than 30 days from the date of the filing of an application for final agency review unless such period is extended pursuant to paragraph (4) of this subsection." "(6) The Commissioner's reconsideration decision shall be rendered within 30 days following the latest filing deadline."
Section 2 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Mr.. Billy Maddox of the 127th - Committee Action: Do Pass
Agriculture & Consumer Affairs
SB 300 - Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup
- BILL SUMMARY: The substitute amends Code Section 26-2-21 of the O.C.G.A. This change would exclude establishments boiling, bottling and selling sugar cane and sorghum syrup from the definition of "food sales establishment." This bill would require the label on the product to list the following: The producer's name, street address, all added ingredients and the net weight or volume of the product. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass by Committee Substitute
Banks & Banking
HB 898 - Georgia Merchant Acquirer Limited Purpose Bank Act; enact
- BILL SUMMARY: House bill 898 adds a new chapter to Title 7 of the Georgia Code, which enacts the Georgia Merchant Acquirer Limited Purpose Bank Act.
The following terms are defined in this legislation: 7-9-2 Commission - the commissioner of banking and finance. Corporation - includes corporations whether profit or non-profit, and professional or joint-stock association organized under the laws of the Georgia, the United States or a foreign country Department refers to the Department of Banking and Finance Eligible Organization a corporation, limited liability company, partnership or other entity, including an affiliate merchant acquirer limited purpose bank, that all times maintains an office in Georgia where it employs at least 250 residents of the state engaged in merchant acquiring activities or settlements including administrative support, information technology support, financial support, and tax and finance support Holding Company any company that controls a merchant acquirer limited purpose bank Merchant Acquirer Limited Purpose Bank a corporation chartered under this chapter and the activities of which are limited to those permitted under Code Section 7-9-11 Merchant acquiring activities - the various activities associated with effecting transaction within payment card networks, including obtaining and maintaining membership in one or more payment card networks; signing up and underwriting merchants to accept payment card network branded payment cards; authorizing valid card transactions at client merchant locations; facilitating the clearing and settlement of transactions through a payment card network; providing access to one or more payment card networks to merchant acquirer limited purpose bank affiliates, customers, and customers of its affiliates; sponsoring the participation of merchant acquirer limited purpose bank affiliates, customers, or customers of its affiliates in one or more payment card networks; and conducting such other activities as may be necessary to effecting transaction within payment card networks Payment Card Network any organization or group that is organized to allow participants to accept or make payments for goods or services using a credit card, debit card, or any other payment device. Settlement Activities- the processing of payment card transaction to send a payment card network for processing, to make payments to a merchant, and ultimately for cardholder billing
Chapter 9 also adds the following provisions:

7-9-3 Any domestic or foreign corporation or limited liability company may organize, own, and control a merchant acquirer limited purpose bank. There is no obligation for entities performing merchant acquiring services and settlement services to be chartered by the department, which will have no authority to regulate such entities. The applicant shall pay applicable fees established by regulation of the department to defray the costs of the investigation and review of the application. The department shall prescribe annual fees to be paid by each merchant acquirer limited purpose bank. After one year of receiving its charter, the bank shall have no fewer than 50 employees located within Georgia, unless otherwise determined by the commissioner per paragraph (4) of Code Section 7-9-2.
7-9-4 The articles of incorporation of a merchant acquirer limited purpose bank shall include: the bank name; street address and county where main office is located; name of initial registered agent; street address where its initial registered office will be located; a statement that `This corporation is subject to the "Georgia Merchant Acquirer Limited Purpose Bank Act;'" the aggregate number of shares which the bank has the authority to issue including their par value and class; the term for which the bank is to exist; and any provision not inconsistent with law which the incorporators may choose to include for the regulation of the internal affairs and business of the merchant acquirer limited purpose bank. The applicant will file with the department, in triplicate, the articles of incorporation, together with any fee required by the department, which will be published in the official legal organ of the county where the bank will be located. The statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt by the newspaper. Each merchant acquirer limited purpose bank shall name a registered agent and inform the department and the Secretary of State of its current registered agent.
7-9-5 An application to the department to charter or to own or control a merchant acquirer limited purpose bank shall include: oAny information desired by the department in order to evaluate the proposed institution which shall be made available in the form specified by the department; oA certificate of the Secretary of State showing that the proposed name of the merchant acquirer limited purpose bank has been reserved pursuant to Code Section 7-1-131; and oApplicable fees established by the regulation of the department to defray the expense of the investigation required by Code Section 79-6.
7-9-6 Upon receipt of the articles of the incorporation and the required filings and fees, the department shall ascertain whether it should approve the application Approval will be determined by the following: oThe articles of incorporation satisfy the requirements; oThe character and fitness of the applicant, directors, and proposed officers warrant the belief that the business of the proposed bank will be honestly and efficiently conducted; and oThe capital structure of the bank is adequate in relation to the amount and character of the anticipated business The department will either approve or disapprove the proposed merchant acquirer limited purpose bank within 90 days of receipt of the articles of incorporation and filings and fees from the applicant. In the event that an application is denied, the applicant may submit a new application at any time following notice of final denial.
7-9-7 The Secretary of State will issue a certificate of incorporation upon submission of: the department's written approval; an affidavit executed the authorized agent or publisher of the newspaper providing that the articles of incorporation were published; and all required fees and charges.
7-9-8 The corporate existence of the bank shall begin upon the issuance of a certificate of incorporation by the Secretary of State. Persons who subscribed for shares prior to the filing of the articles shall be shareholders in the merchant acquirer limited purpose bank. The department will have full authority to regulate all activities regarding shares and all persons soliciting offers to subscribe for shares. Any entity in the process of seeking approval will be classified as a merchant acquirer limited purpose bank in formation, and the initial directors will not be considered agents or broker-dealers. A charter to begin business shall be issued to a bank by the department when: oCapital stock satisfies the requirements of Code Section 7-9-10; oBylaws have been filed with the department; oA registered agent and registered office has been designated in conformity with Code Section 7-1-132; oThe bank is ready to begin the business for which it was incorporated; oAll conditions imposed by the department to begin business have been satisfied; and

oThe department has received an affidavit attesting that the requirements have been satisfied signed by the president or secretary and at least a majority of the directors of the merchant acquirer limited purpose bank.
7-9-9 Charter applicants which transact business before it capital stock has been paid in full shall be liable to creditors for the amounts not paid in by subscribers or any other deficiencies. Liability will be deemed an asset of the merchant acquirer limited purpose bank and may be enforced by it, its successors or assignees by a shareholder suing derivatively, or by a receiver appointed by the department.
7-9-10 Capital stock and paid-in surplus as required by the policies of the department must remain at no less than $2 million at all times
7-9-11 Deposits must only be accepted from a corporation, limited liability company, partnership, or other entity that owns a majority of the shares of the bank. Business will not be conducted in a manner that attracts depositors from the general public, and no deposit may be withdrawn by the depositor by check or similar means for payment to third parties or others. "Brokered deposits," as defined in the Federal Deposit Insurance Act will not be accepted. Deposit-taking activities will be conducted from only a single location within this state. A merchant acquirer limited purpose bank may apply to receive deposit insurance from the Federal Deposit Insurance Corporation or its successor agency.
7-9-12 In the event that any chartered merchant acquirer limited purpose bank does not conduct its activities within the limitations provided in Code Section 7-9-11, the department may require the bank to cease all unauthorized activities. If a bank fails to abide by that order the department may: oImpose a penalty of up to $10,000 per day, each day the order is violated; and oRequire divestiture of such bank by any holding company not qualified to acquire such bank on the date it ceased to operate within the limitations imposed by Code 7-9-11 and became a bank for purposes of this title. - Authored By: Rep. Earl Ehrhart of the 36th - Committee Action: Do Pass by Committee Substitute
Banks & Banking
HB 945 - Banks and trust companies; issuance of non-cash valued shares with approval; provide
- BILL SUMMARY: House Bill 945 amends the Georgia Code as it relates to banks and trust companies by allowing the issuance of non-cash valued shares by a bank or trust company with the approval of the Department of Banking and Finance. In the cases of reorganization, rehabilitation, merger, consolidation, or incident, shares of a bank or trust company may be issued only for cash in an amount which shall be at least the aggregate par value of the share, unless otherwise approved by the department with demonstration of good cause. Dividends may be declared and paid in cash or property only out of retained earnings of the bank or trust company unless otherwise approved in advance by the department on terms with standards of safety and soundness. - Authored By: Rep. Sam Teasley of the 38th - Committee Action: Do Pass
Banks & Banking
HB 946 - Mortgage lenders and brokers; certain mortgage activities without a license; prohibit
- BILL SUMMARY: HB 946 makes changes to the Georgia Code relating to the licensing of mortgage lenders and brokers.
No person will be allowed to engage directly or indirectly in activities as a mortgage broker, lender, or loan originator or represent themselves as being authorized as such unless licensed to do so or exempted from being licensed. An individual must not have been the subject of a final determination by the Mortgage Testing Education Board of Nationwide Mortgage Licensing System and Registry for violation of the rules and conduct for test takers sitting for any written national or state licensing test within the previous 5 years. The written test may be offered 3 consecutive times for passage, as long as there are 30 days in between each test. A mortgage lender whose license or registration has expired or been revoked, suspended, or surrendered from servicing residential mortgage loans for itself or other mortgage lenders will be granted 6 months to follow through with written servicing contracts that were in existence on the last day the license or registration was active. - Authored By: Rep. Sam Teasley of the 38th - Committee Action: Do Pass

Education
HB 673 - Georgia's Return to Play Act of 2012; enact
- BILL SUMMARY: House Bill 673 relating to miscellaneous provisions under the "Quality Basic Education Act" by inserting a new Code Section to enact "Georgia's Return to Play act of 2012". This bill states that no later than January 1, 2013 the State aboard of Education shall develop mandatory guidelines for informing and educating people about the nature and risks of concussions. The local school district shall adopt and implement these guidelines no later than July 1, 2013.
These guidelines include: review of guidelines set by local school relative to concussions in order for a student to participate in any extracurricular activity, immediate removal from activity of any student athlete suspected of sustaining a concussion, must be evaluated by an appropriate licensed health care provider and receive a written clearance to return to play from health care provider. - Authored By: Rep. Billy Mitchell of the 88th - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 673 - Georgia's Return to Play Act of 2012; enact
- BILL SUMMARY: House Bill 673 relating to miscellaneous provisions under the "Quality Basic Education Act" by inserting a new Code Section to enact "Georgia's Return to Play act of 2012". This bill states that no later than January 1, 2013 the State aboard of Education shall develop mandatory guidelines for informing and educating people about the nature and risks of concussions. The local school district shall adopt and implement these guidelines no later than July 1, 2013.
These guidelines include: review of guidelines set by local school relative to concussions in order for a student to participate in any extracurricular activity, immediate removal from activity of any student athlete suspected of sustaining a concussion, must be evaluated by an appropriate licensed health care provider and receive a written clearance to return to play from health care provider. - Authored By: Rep. Billy Mitchell of the 88th - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 1125 - The Pharmacy Audit Bill of Rights; recoupment pursuant to an audit under certain circumstances; limit
- BILL SUMMARY: House Bill 1125 revises the Pharmacy Audit Bill of Rights paragraphs 3 and 6.
Paragraph 3 changes the language regarding clerical errors from "may not" to "shall not". Under this bill, these types of errors will not constitute fraud or abuse, and will not be subject to recoupment without proof of intent to commit fraud. Paragraph 6 requires local and mail-order pharmacies and prescriptions to undergo audit with the same frequency.
House Bill 1125 also gives the state the right to independently audit any pharmacy or any pharmacist who contracts with the state (or contracts with an insurance company who contracts with the state), and owns a 10% or greater share of the pharmacy. - Authored By: Rep. Buddy Harden of the 147th - Committee Action: Tabled
Industrial Relations
HB 548 - Workers' compensation; parties to franchise agreement not considered employees; provide
- BILL SUMMARY: HB 548 provides that individuals who are parties to a franchise agreement as set out by the Federal Trade Commission franchise disclosure rule, 16 C.F.R. 436.1 through 436.11, shall not be deemed employees for purposes of workers' compensation. - Authored By: Rep. Charles E. Martin of the 47th - Committee Action: Do Pass
Industrial Relations
HB 897 - Georgia Workforce Investment Board; revise provisions
- BILL SUMMARY: HB 897 extensively revise the Georgia Workforce Investment Board provisions. The purpose is to provide more flexibility for the Workforce Investment Board to better execute their purpose. - Authored By: Rep. Michael Harden of the 28th - Committee Action: Do Pass

Industrial Relations
HB 971 - Workers' compensation; awards and benefits; change certain provisions
- BILL SUMMARY: This is a housekeeping bill of the State Board of Workers' Compensation to enhance and simplify the application of the Workers' Compensation Act. It provides a protection for underrepresented employees in the settlement process, allows statistical data to be reported electronically and avoids technical penalties caused by system malfunction. It streamlines settlement process in certain death cases. It brings the hearing loss section current with medical science and national standards. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 463 - Limited licenses; insurance coverage on self-service storage; provide
- BILL SUMMARY: HB 463 provides for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities. A limited licensee shall be authorized to act as an agent for an insurer only in connection with a rental agreement and only for either an individual policy issued to an individual occupant or as a group policy for occupants for personal property insurance. - Authored By: Rep. Matt Dollar of the 45th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 513 - Life insurance; group life insurance policy to approved groups; allow issuance
- BILL SUMMARY: HB 513 allows the issuance of a group life insurance policy to certain groups as approved by the Commissioner that do not otherwise qualify as a group. Further, it removes the participation requirement before the extension of group life policy coverage to dependents of employees or members. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass
Insurance
HB 931 - Insurance; state domestic farmers' mutual fire insurance companies; update provisions
- BILL SUMMARY: HB 931 updates this state's domestic farmers' mutual fire insurance companies provisions in the Insurance code. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass
Insurance
HB 955 - Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision of the provisions
- BILL SUMMARY: HB 955 provides for comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 986 - Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide
- BILL SUMMARY: HB 986 provides that in the event of a dispute or complaint arising involving insurance related material not in English, the English version of the material shall control the resolution of the dispute or complaint. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass

Intragovernmental Coordination
HB 1024 - Budget commission; certain counties; population and census application; revise and change
- BILL SUMMARY: A Bill to amend the population Act creating a budget commission in Fulton County so as to change the census numbers and remove Gwinnett County from its application. - Authored By: Rep. Tom Rice of the 51st - Committee Action: Do Pass
Intragovernmental Coordination
HB 1026 - Municipalities; law enforcement contracts; population brackets and census; change provisions
- BILL SUMMARY: A Bill to amend the population Act providing for contracts between the sheriff and cities in Fulton County so as to change the census numbers and remove Gwinnett from its application. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass
Intragovernmental Coordination
HB 1082 - Cook County Magistrate Court; future elections for chief magistrate shall be nonpartisan elections; provide
- BILL SUMMARY: A Bill to provide for the non-partisan election of the Magistrate Judge of Cook County. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass
Intragovernmental Coordination
HB 1085 - Budget commission; counties having population of 300,000 or more according to census; repeal Act
- BILL SUMMARY: A Bill to repeal a population Act providing for a budget commission in Fulton County. - Authored By: Rep. Kathy Ashe of the 56th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 790 - Tift County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Tift County Board of Education. - Authored By: Rep. Tony McBrayer of the 153rd - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 791 - Tift County; Board of Commissioners; reapportion districts
- BILL SUMMARY: A Bill to reapportion the Tift County Board of Commissioners. - Authored By: Rep. Tony McBrayer of the 153rd - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 969 - White County; Board of Education; provide for new districts
- BILL SUMMARY: A Bill to reapportion the White County Board of Education. - Authored By: . Terry Rogers of the 10th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 970 - White County; Board of Commissioners; provide new districts
- BILL SUMMARY: A Bill to reapportion the White County Board of Commissioners. - Authored By: . Terry Rogers of the 10th - Committee Action: Do Pass

Intragovernmental Coordination - Local
HB 973 - Bryan County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Bryan County Board of Commissioners. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 978 - Cherokee County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Cherokee County Board of Education. - Authored By: Rep. Mark Hamilton of the 23rd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 979 - Cherokee County; board of commissioners; revise districts
- BILL SUMMARY: A Bill to reapportion the Cherokee County Board of Commissioners. - Authored By: Rep. Mark Hamilton of the 23rd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1002 - Ben Hill County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Ben Hill County Board of Commissioners. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1003 - Telfair County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Telfair County Board of Commissioners. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1006 - Chamblee, City of; corporate limits; change
- BILL SUMMARY: A Bill to change the corporate limits of the City of Chamblee. - Authored By: Rep. Elena Parent of the 81st - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1007 - Liberty County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Liberty County Board of Commissioners. - Authored By: Rep. Al Williams of the 165th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1008 - Liberty County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Liberty County Board of Education. - Authored By: Rep. Al Williams of the 165th - Committee Action: Do Pass

Intragovernmental Coordination - Local
HB 1011 - Clarke County; City of Athens; board of education; change districts
- BILL SUMMARY: A Bill to reapportion the Athens-Clarke County Board of Education. - Authored By: Rep. Keith G Heard of the 114th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1012 - Commerce, City of; board of commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the City of Commerce Board of Commissioners. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1013 - Jackson County; School System; change description of districts
- BILL SUMMARY: A Bill to reapportion the Jackson County Board of Education. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1016 - Franklin County; board of commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Franklin County Board of Commissioners. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1017 - Franklin County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Franklin County Board of Education. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1018 - Grady County; board of education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Grady County Board of Education. - Authored By: Rep. Gene Maddox of the 172nd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1020 - Evans County; board of commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Evans County Board of Commissioners. - Authored By: Rep. Delvis Dutton of the 166th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1021 - Evans County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Evans County Board of Education. - Authored By: Rep. Delvis Dutton of the 166th - Committee Action: Do Pass

Intragovernmental Coordination - Local
HB 1023 - Polk County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Polk County Board of Education. - Authored By: Rep. Rick Crawford of the 16th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1028 - Laurens County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Laurens County Board of Education. - Authored By: Rep. Matt Hatchett of the 143rd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1029 - Screven County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Screven County Board of Education. - Authored By: Rep. Jon G. Burns of the 157th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1037 - Madison County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Madison County Board of Education. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1038 - Madison County; Board of Commissioners; revise districts
- BILL SUMMARY: A Bill to reapportion the Madison County Board of Commissioners. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1039 - Montgomery County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Montgomery County Board of Commissioners. - Authored By: Rep. Greg Morris of the 155th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1040 - Glascock County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Glascock County Board of Education. - Authored By: Rep. Sistie Hudson of the 124th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1041 - Bartow County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Bartow County Board of Education. - Authored By: Rep. Paul Battles of the 15th - Committee Action: Do Pass

Intragovernmental Coordination - Local
SB 388 - Board of Commissioners of Decatur County; change the description of commissioner districts
- BILL SUMMARY: A Bill to reapportion the Decatur County Board of Commissioners. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 389 - Board of Education of Decatur County; change the description of the education districts
- BILL SUMMARY: A Bill to reapportion the Decatur County Board of Education. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass
Regulated Industries
HB 953 - Funeral directors and cemeterians; allow electronic signatures for funeral services and related preneed contracts; modify provisions
- BILL SUMMARY: HB 953 amends Chapter 14 of Title 10 and article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to cemetery and funeral services and funeral directors and establishments, embalmers, and crematories. Section 1 Code Section 10-14-3 relating to definitions applicable to cemetery and funeral services is amended by revising the definitions of `cremation' to include chemical or other professionally accepted processes and `funeral service' to include cremation. It is further amended by adding paragraph 16.1 to define the term `funeral director in full and continuous charge.' Section 2 Code Section 10-14-18 relating to duties of registrant and written contract is amended by defining the term `signing' to include any manual, facsimile, conformed, or electronic signature. `Electronic signature' means an electronic symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. Section 3 Code Section 43-18-1 relating to definitions pertaining to funeral directors and establishments, embalmers, and crematories is amended by modifying the definitions of `cremation' and `funeral' or `funeral services.' The definition of `cremation' is extended to include any mechanical, chemical, thermal, or other professionally accepted process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity. The definition of `funeral' or `funeral services' is extended to include any service relating to the transportation, embalming, cremation, and interment of a dead human body. Section 4 Code Section 43-18-46 relating to grounds for denial or revocation of license or registration, and other discipline is amended to include funeral and cremation societies and associations as well as other similar societies, plans, or associations. Section 5 Code Section 43-18-50 relating to application for funeral service apprenticeship and period of apprenticeship is amended to allow an apprentice to earn apprenticeship hours while attending a postgraduate school or a program at an accredited college of funeral service or other college approved by the board. Section 6 Code Section 10-14-3 relating to definitions applicable to cemetery and funeral services is amended by changing the term `board' to `boards' and extending the definition to include the State Board of Funeral Services. Section 7 Code Section 10-14-3.1 relating to the authority of the State Board of Cemeterians is amended by stating that the Secretary of State shall delegate authority to the appropriate board for the review of investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The amendment specifies the authorities of the State Board of Funeral Service and the State Board of Cemeterians. Section 8 Code Section 10-14-4 relating to registration of dealers and cemeteries, perpetual care cemeteries trust funds, nonperpetual care cemeteries, and preneed escrow accounts is amended to allow for a person already licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian to be excluded from the preneed dealer registration process. Section 9 Code Section 10-14-5 relating to preneed sales agents, contracts, and retention of employee data is amended to state that any person licensed by or registered with the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery license by the State board of Cemeterians as a cemeterian as a preneed dealer. It is further amended to allow the application for registration to be sent by statutory overnight delivery. Section 10 Code Section 10-14-5.1 is added. The amendment states that any preneed contract provided by an insurance agent shall not reference

or name any funeral service provider unless such contract is signed by the director of such establishment. The amendment further states that any preneed insurance policy must be signed by the insurance agent, consumer, and licensed funeral director of the named establishment. It further states that when a funeral establishment is named in a preneed insurance policy that establishment shall be designated the assignee of the insurance benefit funds. Section 11 Code Section 10-14-7 relating to preneed escrow accounts is amended to state that the provisions of this Code section shall apply only to preneed dealers not governed by the provisions of Code Section 10-14-7.1. Code Section 10-14-7 is further amended to include trusts when referring to preneed escrow accounts. If a preneed account is maintained with a trustee, the assets of the account shall be invested and reinvested by the trust agent subject to all terms, conditions, limitations, and restrictions imposed by Georgia law. The trust agent shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of the accounts securities and investments including proceeds. Section 12 Code Section 10-14-7.1 is added. The new Code section allows funeral establishments, funeral directors, or an agent, representative, or employee of the funeral director or funeral establishment to deposit funds into an individual trust fund that is titled in the name of the funeral establishment, established to provide preneed funeral services, payable upon death of the purchaser, and refundable to the purchaser's designee following deductions of owed taxes and a 3 percent administrative charge where funeral services are not provided by the funeral establishment. 100 percent of the funds to be held in the trust shall be deposited in the trust account within 30 days following the end of the month in which any payment was received. The trust agent of a preneed account shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any securities and investments related to the account. The trust agent shall be authorized to invest funds in interest-bearing deposits and direct and general obligations of the United States government, obligations guaranteed by the United States government, and obligations of the agencies of the United States government. The trust agent may hold the obligations directly or through an open-end or closed-end management type investment company. Any person holding money in trust shall register with the Secretary of State. The Secretary of State shall establish rules relating to the investments of trust funds. The funeral establishment owners, funeral director, or employee, representative, or agent of a funeral director shall be held jointly and severally liable for any deficiencies in a trust account upon a finding of fraud, theft, or misconduct by a court. Section 13 This act shall become effective on July 1, 2012. Section 14 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute
Regulated Industries
HB 1065 - Alcoholic beverages; tax payment and reporting by licensees; change certain provisions
- BILL SUMMARY: HB 1065 amends Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages. Section 1 Code Section 3-2-11 relating to penalties for failure to file reports or returns or pay tax or fee, procedure for assessment of taxes due, penalties, and interest is amended to clarify the language related to unpaid taxes. Section 2 Code Section 3-3-6 relating to the maintenance of records as to manufacture, purchase, or sale of alcoholic beverages by manufacturers, importers, or dealers, and disposal of records is amended to mandate that invoices sufficient to cover current inventory be maintained at the licensed location and be made available for immediate inspection. All other records may be maintained at a different location and be made available to the commissioner within two business days. Section 3 Code Section 3-4-61 relating to payment of tax and report is amended by removing the language relating to the phase in of a 1992 excise tax reporting system. It is further amended by changing the day the taxes shall be remitted from the tenth day of the following month to the fifteenth day of the following month in which the distilled spirits were disposed of or sold and by removing the language regarding alcohol excise tax and distilled spirits and alcohol stamps. Section 4 Code Section 3-4-80 relating to authorization of the levy of tax on the sale of distilled spirits by package and imposition of tax by both county and municipality located within the county is amended by adding that the tax shall be paid on or before the tenth day of the month following the disposal or sale of the distilled spirits. Section 5 This act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Roger Williams of the 4th - Committee Action: Do Pass

Regulated Industries
HB 1066 - Alcoholic beverages; licenses; change certain provisions
- BILL SUMMARY: HB 1066 amends Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages. Section 1 Code Section 3-2-7 relating to the expiration and renewal of licenses generally, continuation of operations by licensee pending final approval or disapproval of application for renewal, penalty for late application for renewal, and temporary permits is amended by revising dates future licenses may be issued and renewed. On or after July 1, 2013 licenses for retailers and retail dealers shall be issued for a 12 month period rather than a calendar year and for the renewal application to be received 60 to 90 days prior to expiration rather than on or before November 1. The effective day and expiration day shall be clearly marked on the license. Section 2 Code Section 3-3-21 relating to sales of alcoholic beverages near churches, school buildings, or other sites is amended by replacing the phrase `churches, schools, and colleges' with `church buildings, school buildings, educational buildings, school grounds, and college campuses.' Distances shall be measured from the property line of the regulated business, to the property line of the church building, school building, educational building, school ground, and college campus, along a straight line representing the shortest distance between the two property lines. Licenses granted prior to June 30, 2012 shall not be revoked or denied renewal by reason of the method of measurement. Paragraph (d) regarding the separation of licensed businesses from schools and churches in counties having a population of not less than 175,000 nor more than 195,000 is removed. Section 3 Code Section 3-4-20 relating to the levy and amount of state occupational license tax is amended to include an annual occupational license tax of $100.00 upon each special event use permit application. It is further amended to state that an annual occupational license tax shall be paid for each place of business operated and that payment shall be submitted immediately upon assuming control and annually thereafter. Section 4 Code Section 3-4-111 relating to sale by wholesalers to licensees and purchases by licensees from wholesalers is amended to state that any distilled spirits possessed, sold, or offered for sale by a retail dealer which are purchased or acquired from a person other than an authorized wholesale dealer are declared to be contraband and shall be seized and disposed of by the commissioner. Section 5 Code Section 3-4-111.1 relating to occupational license tax upon retail consumption dealers and bond required of applicants for a retail consumption dealer's license is amended to state that an annual occupational license tax shall be paid for each place of business operated and that an application for a retail consumption dealer's license and payment of the required tax shall be submitted immediately upon assuming control and annually thereafter. Section 6 Code Section 3-5-20 relating to levy and amount of state occupational license tax is amended to include an annual occupational license tax of $50.00 upon each special event use permit application. It is further amended to state that an annual occupational license tax shall be paid for each place of business operated and that an application for the applicable license and payment of the required tax shall be submitted immediately upon assuming control and annually thereafter. Section 7 Code Section 3-6-20 relating to levy and amount of tax is amended to include an annual occupational license tax of $50.00 upon each special event use permit application. It is further amended to state that an annual occupational license tax shall be paid for each place of business operated and that an application for the applicable license and payment of the required tax shall be submitted immediately upon assuming control and annually thereafter. Section 8 Code Section 3-14-1 is added. Chapter 14 states that the commissioner may issue a special event use permit for the sale of alcoholic beverages for certain events which would otherwise require a retail or retail dealer's license. Special event use permits shall not be valid for more than ten days. The commissioner shall specify by rule or regulation the events that shall qualify for a special event use permit. Estate sales, the sale of inventory authorized under a bankruptcy proceeding, and similar activities shall qualify for the special event use permit. Section 9 This Act shall become effective on July 1, 2012. Section 10 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Roger Williams of the 4th - Committee Action: Do Pass by Committee Substitute
Retirement
HB 208 - Employees' Retirement System of Georgia; define a certain term
- BILL SUMMARY: This bill relates to the employment of a retired teacher as a full-time teacher by changing the date of automatic repeal from June 30, 2016 to June 30, 2013. This is a nonfiscal retirement bill. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass by Committee Substitute

Retirement
HB 928 - Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide
- BILL SUMMARY: This bill would amend provisions relating to the Peace Officers' Annuity and Benefit Fund. It would authorize the board to appoint and compensate a hearing officer for the purpose of holding hearings, compiling evidence and information, and submitting evidence, information, and recommendations to the board in any contested case. Current law only allows the board to appoint a hearing officer in disability cases, and this bill strikes such language. This bill also outlines the roles and responsibilities of the hearing officer, including the proper procedure for reporting findings to the board.
This is a nonfiscal retirement bill. - Authored By: Rep. Lynne Riley of the 50th - Committee Action: Do Pass
Retirement
HB 987 - Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide
- BILL SUMMARY: This bill would amend provisions relating to the Peace Officers' Annuity and Benefit Fund. Under this legislation a member would be required to immediately notify the board if a change of employment or job description no longer qualifies that member as a "peace officer." Additionally, the board would not be authorized to accept membership dues from such a member to pay benefits.
This is a nonfiscal retirement bill. - Authored By: Rep. Lynne Riley of the 50th - 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

Thursday, February 23, 2012

TBD

Floor Session

HOUSE CHAMBER (10:00am)

8:00 AM - 9:00 AM NATURAL RESOURCES & ENVIRONMENT

606 CLOB

8:00 AM - 10:00 AM Lane Subcommittee (Subcommittee One) Judiciary Civil

132 CAP

8:00 AM - 9:00 AM PUBLIC SAFETY & HOMELAND SECURITY

506 CLOB

8:30 AM - 10:00 AM JUDICIARY NON-CIVIL

406 CLOB

9:00 AM - 10:00 AM RULES

341 CAP

1:00 PM - 3:00 PM Academic Innovations Subcommittee of Education

515 CLOB

1:00 PM - 2:00 PM Public Finance & Policy Tax Subcommittee of Ways & Means

133 CAP

2:00 PM - 5:00 PM JUDICIARY CIVIL

132 CAP

2:00 PM - 5:00 PM Appropriations Human Resources Subcommittee

341 CAP

2:00 PM - 3:00 PM Admin/Licensing Subcommittee of Insurance

415 CLOB

2:00 PM - 3:00 PM GOVERNMENTAL AFFAIRS

406 CLOB

3:00 PM - 5:00 PM

SPECIAL COMMITTEE ON SMALL BUSINESS DEVLEOPMENT AND JOB CREATION

415 CLOB

3:00 PM - 4:00 PM ENERGY, UTILITIES & TELECOMMUNICATIONS

406 CLOB

3:00 PM - 4:00 PM Ramsey Subcommittee of Judiciary Non-Civil

230 CAP

3:00 PM - 5:00 PM EDUCATION

506 CLOB

3:00 PM - 5:00 PM WAYS & MEANS

606 CLOB

4:00 PM - 5:00 PM HUMAN RELATIONS & AGING

515 CLOB

* This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change.

To keep up with the latest schedule please visit www.house.ga.gov and click on Meetings Calendar.