HOUSE BUDGET & RESEARCH OFFICE (404) 656-5050 HOUSE COMMUNICATIONS (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 27th Legislative Day on Tuesday, February 28, at 10:00 AM. * 15 bills are expected to be debated on the floor. GEORGIA HOUSE OF REPRESENTATIVES DAILY REPORT Monday, February 27, 2012 26th Legislative Day TODAY ON THE FLOOR RULES CALENDAR HB 215 - Drivers' licenses; convicted of crime against a minor; prohibit certain transport - BILL SUMMARY: HB 215 would prevent persons that have been convicted of a crime against a minor child from operating a commercial motor vehicle designed to carry 16 or more people. - Authored By: Rep. Paul Battles of the 15th - House Committee: Motor Vehicles - Rule: Structured - Yeas: 157; Nays: 4 HB 250 - Georgia Judicial Retirement System; revised survivor's benefit option; provisions - BILL SUMMARY: This legislation pertains to the Judicial Retirement System. This bill provides that in the event that the amount of benefits paid to a retired member of the JRS or their beneficiary does not equal or exceed the amount of the retired member's contributions, the designated survivor or the member's estate would receive a refund. It also provides that any vested member who had previously rejected spouses' benefits offered through JRS may elect to receive the benefits provided that they pay the full actuarial cost. Finally, this bill would revise survivors' benefit options for those who become members of JRS after July 1, 2012. This is a fiscal retirement bill. - Authored By: Rep. Tom Weldon of the 3rd - House Committee: Retirement - Rule: Modified-Open - Yeas: 149; Nays: 2 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 - House Committee: Insurance - Rule: Modified-Open - Yeas: 148; Nays: 0 HB 820 - Guaranteed asset protection waivers; retail seller's requirements to insure waiver obligations; provide exception - BILL SUMMARY: HB 820 provides for an exception to a retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy. The House Insurance Substitute to HB 820 also includes language from HB 819 which provides requirements for retail installment sellers to be exempted from reinsurance requirements relating to vehicle service agreements or extended warranty agreements. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - Rule: Modified-Open - Yeas: 148; Nays: 1 HB 880 - Professions and businesses; real estate professionals; change certain provisions - BILL SUMMARY: HB 880 amends Title 43 of the Official Code of Georgia so as to change certain provisions relating to real estate professionals. Section 1 Code Section 43-39A-2 relating to definitions relative to real estate appraisers is amended to specify that `Appraisal management company' does not include a relocation company. Section 2 Code Section 43-39A-2 is further amended by adding a new paragraph (25.1) which states 'Relocation company' means a business entity that acts as an agent or contractor of an employer for the purposes of relocating the employees of such employer and determining an anticipated sales price of the residences of the employees being relocated. Section 3 Code Section 43-39A-3 relating to the Georgia Real Estate Appraisers Board, membership, qualifications, recusal for conflict of interest, terms, removal, meetings, and compensation is amended to specify that having a disciplinary letter of findings imposed on a member of the board is not grounds for removal from office. Section 4 Code Section 43-39A-14 relating to required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification, noncompliance with child support orders, and borrowers in default is amended to revise the definition of `Felony' to mean any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. Code Section 43-39A-14 is further amended to remove the stated ability of the board to use the matters asserted in the notice of hearing for refusal of a new appraiser classification in the event that an appraisers classification lapses after the board has filed a notice of hearing but before the board enters a final order. Section 5 Code Section 43-39A-18 relating to penalties for violations, unfair trade practices, and civil judgment is amended to include "Any action taken by the board pursuant to this subsection may, at its discretion, be construed as a `disciplinary sanction' or `sanction' as such terms are used in this chapter." Section 6 Code Section 43-39A-18.1 relating to alternative disciplinary procedures and citations is amended to allow the board to issue a letter of findings to the appraiser if the alleged violation appears to have done no harm to a third party or to the public. A letter of findings shall be confidential, not subject to subpoena in a civil action, not constitute a public record , and not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. Section 7 Code Section 43-40-2 relating to creation of commission, members, meetings, recusal for conflict of interest, removal, compensation, annual report, and budget unit is amended to include a letter of findings as a disciplinary sanction. Section 8 Code Section 43-40-8 relating to qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses is amended to modify the qualifications to become an applicant for a broker or associate broker's license to include `maintain a license in active status for at least three of the last five years immediately preceding such examination.' Section 9 Code Section 43-40-15 relating to grant, revocation, or suspension of licenses, other sanctions, surrender or lapse, conviction, noncompliance with child support order, and borrowers in default is amended to revise the definition of `Felony' to mean any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. Code Section 43-40-15 is further amended to remove the stated ability of the commission to use the matters asserted in the notice of hearing for refusal of a new license in the event that a licensee's license lapses after the board has filed a notice of hearing but before the board enters a final order. The commission may issue an order revoking a licensee's license when that licensee has violated any provisions of this chapter. Section 10 Code Section 43-40-22 relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation is amended to change the amount that nothing shall be construed to obligate the fund for from $15,000.00 to $25,000.00 per transaction, the liability of the fund for the acts of a licensee from $45,000.00 to $75,000.00, and that no person who establishes a proper claim or claims under this Code section shall ever obtain more than from $15,000.00 to $25,000.00. Section 11 Code Section 43-40-22 relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from the fund, and subrogation is amended to remove the statement that the aggrieved person shall notify the commission in writing, by certified mail or statutory overnight delivery, return receipt requested. Code Section 43-40-22 is further amended to include the right of the commission to object to a verified claim on the issue of whether or not the claim was in violation of this chapter. Section 12 Code Section 43-40-25 relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices is amended to include "Any action taken by the commission pursuant to this subsection may, at its discretion, be construed as a `disciplinary sanction' or `sanction' as such terms are used in this chapter." Section 13 Code Section 43-40-25 is further amended to allow the commission to consider disciplinary actions by another state's real estate brokerage licensing authority in determining the severity of a new sanction. Section 14 Code Section 43-40-25.2 relating to alternative disciplinary procedures and citations is amended to allow the commission to issue a letter of findings to the licensee if the alleged violation appears to have done no harm to a third party or to the public. A letter of findings shall be confidential, not subject to subpoena in a civil action, not constitute a public record , and not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. - Authored By: Rep. Alan Powell of the 29th - House Committee: Regulated Industries - Rule: Modified-Open - Amendments(s): N/A - Yeas: 154; Nays: 4 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 - House Committee: Insurance - Rule: Modified-Structured - Yeas: 156; Nays: 0 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 - House Committee: Industrial Relations - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 159; Nays: 3 LOCAL CALENDAR HB 956 - Berkeley Lake, City of; change corporate limits - BILL SUMMARY: A Bill to change the corporate limits of the City of Berkeley Lake. - Authored By: Rep. Tom Rice of the 51st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 144; Nays: 0 HB 1122 - Flowery Branch, City of; establish corporate limits - BILL SUMMARY: A Bill to change the corporate limits of the City of Flowery Branch. - Authored By: . Emory Dunahoo of the 25th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 144; Nays: 0 HB 1129 - Town of Braselton Community Improvement District; apply for, receive, administer or utilize grants from federal, state, county or municipal governments under certain conditions; allow - BILL SUMMARY: A Bill to authorize the community improvement district in the Town of Braselton to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies under certain conditions. - Authored By: Rep. Terry England of the 108th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 144; Nays: 0 HB 1142 - Gwinnett County Recorder's Court; clerk's compensation; change provisions - BILL SUMMARY: A Bill to provide that the Clerk of the Recorder's Court of Gwinnett County shall be appointed by the Chief Judges of the Superior Court and State Court and compensation shall be determined by applying the classification system that is used to determine the pay grade for management positions in Gwinnett County. - Authored By: Rep. Buzz Brockway of the 101st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 144; Nays: 0 HB 1148 - Haralson County; office of treasurer; abolish - BILL SUMMARY: A Bill to abolish the office of Treasurer in Haralson County. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 144; Nays: 0 * The House will reconvene Tuesday, February 28, at 10:00 AM, for its 27th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ON RULES The Committee on Rules has fixed the calendar for the 27th Legislative Day, Tuesday, February 28, and bills may be called at the pleasure of the Speaker. NEXT ON THE FLOOR HB 456 - Georgia Government Accountability Act; enact - BILL SUMMARY: House Bill 456 creates the `Georgia Government Accountability Act' to establish a review process of agency efficiency. The bill creates the Legislative Sunset Advisory Committee (the "Committee") consisting of seven members from each chamber to serve concurrent with the legislative biennium. The Speaker and the President of the Senate appoint the members, to include one of the Governor's floor members from each chamber, and each designates a co-chair. The cochairs shall be authorized to appoint no more than 2 ex officio members of the committee. The committee, in cooperation with the Governor's office, may employ staff to perform the work of the committee. The Committee's co-chairs are authorized to request assistance from any agency or office, which will comply. Agencies must make available to the committee and its staff any documentation subject to public record for inspection or duplication within 3 days of the request. The purpose of the Committee is to routinely schedule the review of all state agencies and executive branch subsidiaries that receive funds through a state appropriations Act. The Committee shall establish a schedule for the routine reviews. This article shall not apply to any state entity that does not receive a state appropriation. If the Committee recommends the abolishment of an agency, it will be terminated one year from when the recommendation is made as long as the responsibilities and obligations, fiduciary or otherwise, are repealed, revised or reassigned by the General Assembly. In the absence of legislative action, the abolished agency will submit its budget request with the committee's recommended actions represented. Those entities established in the State Constitution shall not be subject to automatic abolishment. The Committee will follow the same review process with the additional step of providing any Constitutional amendments needed to repeal or transfer its obligations. Those agencies which have not met publicly for a year or more may be abolished without further review. The committee shall give public notice of any proposed legislation not later than the first day of December of the year preceding its introduction. The abolition of a state agency shall not affect any rights, penalties, liabilities or proceedings that were begun before the abolition. At least six months before a scheduled evaluation, the agency must provide to the Committee a list of: programs and services provided with goals; expenditures; explanation of failed objectives; level of public participation in rule-making; statutory objectives for each program and activity and extent to which objectives have been achieved; assessment of potential duplications across state departments and the extent to which those programs can be eliminated, reorganized, privatized or consolidated with another agency; self-assessment for improvements and processes for attainment; budget needs for meeting objectives; statutory change recommendations; effect on federal funds and requirements if abolished; alternative methods for providing services for greater efficiencies; assessment of the agency and programs and which should be eliminated, reorganized, privatized or consolidated; 5-year hiring patterns; deficiency correction plans related to judicial or audited problems; justification for all committees and boards associated with the agency; a list of activities not called for in Code; any program audits, performance audits or any other reports by the state auditor; summary of all litigation the agency is engaged in; and any other information requested by the Committee. The report must be validated by the agency director before submission. The Committee has six months to review the report, which may include consultations, testimonials and public hearings with interested parties. The Committee will present its findings to the Speaker, the President of the Senate and the Governor, and base its recommendation for ongoing operations based on: efficiencies, achievement of objectives; effectiveness; need; reductions of duplication; statutory update needs; customer service and involvement; level of satisfied requirements; performance measures; the extent to which the agency is deemed to be a core function of state government per the Constitution; impact of federal intervention or loss of federal funds if agency is abolished, and change to the O.C.G.A. to enable compliance with the agency's mission. The report will recommend action for the elimination, privatization, abolishment, continuation or reorganization of the agency and/or its programs, as well as draft legislation to fulfill those recommendations. This act shall become effective upon approval by the Governor or upon its becoming law without such approval. - Authored By: Rep. Charlice Byrd of the 20th - House Committee: Budget and Fiscal Affairs Oversight - House Committee Passed: 2/16/2012 - Rule: Modified-Structured HB 541 - Obstruction of public administration; threaten or intimidate officer or official; provide for offense - BILL SUMMARY: HB 541 prohibits intimidation of law enforcement officers or their immediate family member in retaliation for the officer's actions in carrying out his or her official duties. - Authored By: Rep. James Epps of the 140th - House Committee: Judiciary Non-Civil - House Committee Passed: 2/23/2012 - Rule: Modified-Structured 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 - House Committee: Industrial Relations - House Committee Passed: 2/22/2012 - Rule: Modified-Open HB 692 - Educational professionals; reduce salary if test scores were falsified; provide - BILL SUMMARY: House Bill 692 is relating to elementary and secondary education and to provide for an automatic decrease in the salary of a teacher or other certified professional personnel for any salary increase or bonus on the results of standardized test scores which were falsified. - Authored By: Rep. Billy Mitchell of the 88th - House Committee: Education - House Committee Passed: 2/23/2012 - Rule: Modified-Structured HB 766 - Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions - BILL SUMMARY: HB 766 expands the law allowing the Foundations of American Law and Government display in courthouses. This bill will allow the display in all state and local government buildings. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Governmental Affairs - House Committee Passed: 2/23/2012 - Rule: Modified-Open HB 845 - Early care and education programs; influenza vaccine; provide information - BILL SUMMARY: House Bill 845 requires early care and education programs to provide information on the influenza vaccine by September 1st of each year. The bill requires information on the causes, risk, and symptoms of the influenza as well as the availability, effectiveness, and known contraindications of the vaccine to be distributed to each child. Failure to do this will not subject any program to civil or criminal liability. - Authored By: Rep. Ben Watson of the 163rd - House Committee: Health & Human Services - House Committee Passed: 2/15/2012 - Rule: Modified-Open HB 900 - Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide - BILL SUMMARY: HB 900 provides for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles. Further, it will allow the "scrapping" of a trailer without a title after signing an affidavit to the effect that the trailer is 12 years old or older and worth $1,200 or less. - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - House Committee Passed: 2/16/2012 - Rule: Modified-Structured HB 932 - Taxation; nonresident subcontractor withholding payments; change required percentage - BILL SUMMARY: HB 932 amends Code Section 48-8-63 relating to the payment of tax by contractors furnishing tangible personal property and services and the withholding of payments due subcontractor is amended to change the required percentage of withholding payments due a nonresident subcontractor from `up to 4 percent' to `2 percent.' - Authored By: Rep. Roger Williams of the 4th - House Committee: Regulated Industries - House Committee Passed: 2/15/2012 - Rule: Structured HB 933 - Preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program; provide - BILL SUMMARY: HB 933 amends Code Section 10-14-7 relating to preneed escrow accounts to provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Regulated Industries - House Committee Passed: 2/15/2012 - Rule: Modified-Structured HB 942 - Official Code of Georgia; revise, modernize and correct errors or omissions - BILL SUMMARY: HB 942 revises, modernizes and corrects errors and omissions in the following titles of the O.C.G.A.: Title 5, Appeal and Error; Title 7, Banking and Finance; Title 8, Building and Finance; Title 10, Commerce and Trade; Title 12, Conservation and Natural Resources; Title 13, Contracts; Title 15, Courts; Title 16, Crimes and Offenses; Title 17, Criminal Procedure; Title 20, Education; Title 24, Evidence; Title 25, Fire Protection and Safety; Title 26, Food, Drugs and Cosmetics; Title 27, Game and Fish; Title 29, Guardian and Ward; Title 31, Health; Title 32, Highways, Bridges and Ferries; Title 33, Insurance; Title 34, Labor and Industrial Relations; Title 35, Law Enforcement Officers and Agencies; Title 36, Local Government; Title 37, Mental Health; Title 38, Military, Emergency Management and Veterans Affairs; Title 42, Penal Institutions; Title 43, Professions and Businesses; Title 44, Property; Title 45, Public Officers and Employees; Title 46, Public Utilities and Transportation; Title 48, Revenue and Taxation; Title 49, Social Services; Title 50, State Government; and Title 52, State, Ports and Water Craft. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Judiciary - House Committee Passed: 2/21/2012 - Rule: Structured HB 944 - Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions - BILL SUMMARY: HB 944 will revise, modernize and correct errors and omissions in Title 47, Retirement and Pensions, of the Georgia Code. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Judiciary - House Committee Passed: 2/21/2012 - Rule: Structured 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 - House Committee: Insurance - House Committee Passed: 2/22/2012 - Rule: Modified-Structured 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 - House Committee: Intragovernmental Coordination - House Committee Passed: 2/22/2012 - Rule: Modified-Structured HB 1146 - Georgia Vocational Rehabilitation Services Board; create - BILL SUMMARY: House Bill 1146 changes the Vocational Rehabilitation program from a Department of Labor program to an attached agency. The Program will be governed by a newly created Georgia Vocational Rehabilitation Services Board, and attached to the Department of Human Services for administrative purposes. - Authored By: Rep. Tom McCall of the 30th - House Committee: Human Relations & Aging - House Committee Passed: 2/23/2012 - Rule: Modified-Structured HR 1376 - Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize - BILL SUMMARY: HR 1376 is a conveyance resolution for property located in twenty-one counties, conveying property owned by the State of Georgia or amending those conveyances, as follows: Article I amends the lease of acreage at Riverbend Prison in Baldwin County with a nonexclusive appurtenant easement to construct a waste-water management facility to be used by Riverbend and Baldwin State Prisons. Article II conveys property in Bibb County, formerly the Music Hall of Fame, to the State Properties Commission for sale to Mercer University to be used for school-related functions. Article III conveys the property in Carroll County that was John Tanner State Park to the county, removing the Heritage Preservation designation on the property and instead placing a conservation easement on it, for use as a public park. Article IV conveys two parcels of land in Clinch County, formerly under the custody of the Georgia Forestry Commission, to the Department of Transportation for the U.S. 441 Widening Project. Article V conveys property in Coffee County, formerly known as the Douglas Poultry Lab and currently in custody of the Department of Agriculture, to the State of Georgia, for the State Properties Commission to offer by competitive bid or to a local government or state entity. Article VI conveys property currently owned by the state, where the Georgia Forestry Commission's Dade County Unit was located before it was destroyed by tornado, for three acres the state currently leases from Dade County, to be used for the construction, maintenance, and operation of a new Dade County Unit. Article VII conveys a tract of land in Dodge County, the site of the former Eastman Armory and currently in custody of the Georgia Department of Defense, to Dodge County for public purposes, for the amount of the remaining general obligation bonds. Article VIII conveys property located in Dougherty County, formerly used as the Albany Farmers Market, to the State Properties Commission to offer for competitive bid or to a local government or state entity. Article IX conveys .068 acre in Dougherty County from the Technical College System of Georgia to the Department of Transportation, in consideration for the Department satisfying project requirements, using federal funds, of the construction of a deceleration lane at the entrance to Albany Technical College. Article X conveys property in Floyd County, formerly used as Northwest Regional Hospital and currently under custody of the Department of Behavioral Health and Developmental Disabilities, to the State Properties Commission to offer for competitive bid or to a local government or state entity. Article XI conveys property in Franklin County, formerly used as the Carnesville Poultry Lab and in the custody of the Department of Agriculture, to the State Properties Commission to offer by competitive bid or to a local government or state entity. Article XII conveys property in Habersham County, formerly used as the Cornelia Entomology Lab or Poultry Lab, to the State Properties Commission to offer by competitive bid or to a local government or state entity. Article XIII conveys land in Macon County that was used as the Montezuma Poultry Veterinary Diagnostic Lab to the State Properties Commission, to offer by competitive bid or to a local government or state entity. Article XIV conveys property in Madison County that was formerly the Georgia Forestry Commission's Madison Sub-Unit. Madison County will acquire the property from the state for $10.00 and will be responsible for the operating costs, maintenance and facility renovations and allow the Forestry Commission to keep personnel and equipment at the site at no additional cost to the state. Article XV conveys property in McIntosh County that was formerly the McIntosh Youth Development Center. The Department of Juvenile Justice is surplusing this property to the Coastal Regional Commission. Article XVI conveys property in Mitchell County, formerly used as the Camilla Poultry Veterinary Diagnostic Lab, to the State Properties Commission to offer by competitive bid or to a local government or state entity. Article XVII conveys property in Montgomery County, formerly the Georgia Forestry Commission's Montgomery Sub-Unit, to the county for the sum of $10.00, provided that the county only use the property for a public purpose. The county will pay all operations, maintenance, and facility renovations, and allow the Forestry Commission to keep personnel and equipment there at no additional cost to the state. Article XVIII conveys property in Muscogee County, under the custody of the Technical College System of Georgia, to the Columbus Consolidated Government for state consideration of improving access to the site by constructing a traffic circle. Article XIX conveys property in Quitman County, under the custody of the Georgia Forestry Commission and formerly used as the Stewart Sub-Unit, to the State Properties Commission to offer by competitive bid or to a local government or state entity. Article XX conveys property in Telfair County, formerly used as Milan State Prison, to the State Properties Commission for sale to the City of Milan for $10,000.00, or to offer by competitive bid to a local government or state entity. Article XXI conveys land in Ware County, under the custody of the Technical College System of Georgia, to the City of Waycross for state consideration of improving traffic safety, turning radius, and storm-water drainage. The City is improving the road as part of a Department of Transportation Local Maintenance and Improvement Grant (LMIG). Article XXII conveys property in Washington County, formerly used as the Sandersville Armory and currently in custody of the Department of Defense, to the City of Sandersville for a consideration of $10.00. The property is to be used for a public purpose. Article XXIII conveys property in Wayne County, formerly known as the Jesup Farmers' Market and District Office and currently under the custody of the Department of Agriculture, for the State Properties Commission to offer for competitive bid or to a local government or state entity. Article XXIV conveys property in Whitfield County, formerly known as the Dalton Poultry Veterinary Diagnostic Lab, to the State Properties Commission to offer as a competitive bid or to a local government or state entity. - Authored By: Rep. Gerald E Greene of the 149th - House Committee: State Institutions & Property - House Committee Passed: 2/21/2012 - Rule: Modified-Open * The Rules Committee will next meet on Tuesday, February 28, at 9:00 AM, to set the Rules Calendar for the 28th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Budget and Fiscal Affairs Oversight HB 920 - Budget reports; tax expenditure review; require certain items - BILL SUMMARY: As passed by Committee Substitute, this legislation modifies the tax expenditure review that is currently required to be completed by the Department of Audits and included by the Office of Planning and Budget in the Governor's budget report so that it now may also include a regularly produced annex to include analysis of specific tax expenditures. When possible the analysis should include: a description of the objective of each tax expenditure taken from the original legislation; whether the tax expenditure is meeting its stated purpose; the tax expenditure's effect on the administration of the tax system; and an analysis of the person, corporations or other entities that benefit from the tax expenditure. - Authored By: Rep. Charles E. Martin of the 47th - Committee Action: Do Pass by Committee Substitute Health & Human Services HB 952 - Pharmacists and pharmacies; definitions of certain opioid drugs; provide - BILL SUMMARY: House Bill 952 defines an opioid analgesic drug as a drug in the opioid analgesic drug class that is prescribed to treat pain or other conditions. This can be in immediate release form, extended release form, combined with other drugs in one pill, or any dosage form. The bill also gives a practitioner of the healing arts the ability to require a pharmacist dispensing an opioid analgesic drug to use tamper proof formulation. The State Board of Pharmacy will be required to create a list of opioid analgesic drugs that use tamper resistant technology. - Authored By: Rep. Jay Neal of the 1st - Committee Action: Do Pass by Committee Substitute Health & Human Services HB 972 - Georgia Pain Management Clinic Act; enact - BILL SUMMARY: Section 1 Adds the following power and duties to the Georgia Composite Medical Board: 1.)To license and regulate pain management clinics. 2.)To establish minimum standards for prescribing controlled substances for pain management. 3.)To accept any gifts, grants, donations, and other funds to assist in enforcing this chapter. Section 2 Article 10 43-34-282 Defines chronic pain as pain treated for a period of 90 days or more in a year, but should not include pain surrounding a surgery. Defines license as a valid and current certificate of registration issued by the Georgia Composite Medical Board. Defines a "nonterminal condition" as a medical condition which is reversible, where there is reasonable hope of recovery, and where the patient's medical prognosis is a life expectancy of two years or more. Defines a pain management clinic as a medical practice that advertises "treatment of pain," or uses "pain" in the name of the clinic, or a medical practice with more than 50% of its patient population being treated for chronic pain for nonterminal conditions with the use of Schedule II or III controlled substances. 43-34-283 a.) Requires all pain management clinics to be licensed by the Board biennially. Each location will need to be licensed. b.) Requires that every owner of a pain management clinic be a Georgia licensed physician. c.) Requires the Board to make a thorough investigation of the license applicant before issuing the license. d.) Whenever a prohibited action is taken by a pain management clinic, the owners of the clinic will be liable. e.) Requires the clinic owners and physicians who practice within these clinics to comply with the minimum standards of practice for physicians and the laws and rules and regulations of the Board. f.) Gives the Board the right to deny or refuse to renew a pain management clinic license if it would not be in the public interest. g.) No pain management clinic shall be open to the public unless someone approved to prescribe controlled substances is on-site. h.) Gives the Board the right to enter into agreements with other states or with third parties for the purpose of exchanging information concerning licensure of any pain management clinic. 43-34-284 Gives the Board the right to deny, suspend, or revoke a licensee under the following circumstances: 1.)The clinic provided false or fraudulent material information in any application. 2.)Any physician or owner has been convicted of a crime under any law relating to any controlled substance. 3.)Any physician or owner has had federal registration to prescribe, distribute, or dispense controlled substances suspended or revoked. 4.)Any physician or owner violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title 26. 43-34-285 Requires the clinic to notify the Board under the following circumstances: 1.)Permanent closing of a licensed pain management clinic. 2.)Change of ownership, management, or location. 3.)Change of physicians practicing. 4.)Any theft or loss of drugs or devices. 5.)Any known conviction of any employee. 6.)Disasters, accidents, theft, destruction, or loss of records. 7.)Any and all matters as the Board may require by rules. 43-34-286 All pain management clinics that dispense controlled substances or dangerous drugs shall be registered with the Georgia State Board of Pharmacy. 43-34-287 a.) All licenses will expire biennially unless renewed. Renewal applications should be filed with the Board prior to the expiration date, accompanied by the renewal fee. A license that has expired can renew after application within the time period established by the Board. Any reinstatement of licenses will be at the discretion of the Board. b.) Owners and physicians practicing in the pain management clinic must meet continuing education and training requirements required by rule. Section 3 45-16-32 If any coroner or medical examiner's report indicates the death may be a result of medication administered or prescribed or conducted by an individual licensed under Chapter 34 of Title 43, or if the individual was under the direct supervision of such a person, any supporting evidence and a certified copy of the report must be promptly sent to the Georgia Composite Medical Board. - Authored By: Rep. Tom Weldon of the 3rd - Committee Action: Do Pass by Committee Substitute Health & Human Services HB 1069 - Pharmacists and pharmacies; revise definition of security paper - BILL SUMMARY: House Bill 1069 allows prescription paper that has been approved by the Centers for Medicare and Medicaid Services to be recognized under the legal term, "security paper." - Authored By: Rep. Tom Weldon of the 3rd - Committee Action: Do Pass Health & Human Services HB 1110 - Health; penalties relative to owning or operating of unlicensed personal care homes; revise provisions - BILL SUMMARY: Section 1: Adds neglect of a disabled adult or elder under criminal offenses and penalties in 30-5-8. Section 2: Allows national background checks to be run on an individual who would be providing care to an elder or handicapped adult. Section 3: Strikes any personal care homes in existence on July 1, 1994 as being exempt from this law. Allows any unlicensed personal care home to be assessed by the department. Requires the department to send a notice by certified mail stating that licensure is required and the department's intent to impose a civil penalty. Allows the civil penalty to be doubled if the operator continues to operate the unlicensed personal care home after receipt of notice. Declares that owning or operating an unlicensed personal care home in Georgia constitutes a nuisance that is dangerous to the public's health, safety, and welfare. Any person who owns or operations an unlicensed personal care home will be guilty of a misdemeanor. Section 5: Allows the Georgia Bureau of Investigations to identify and investigate elder abuse cases. - Authored By: Rep. Sharon Cooper of the 41st - Committee Action: Do Pass by Committee Substitute Health & Human Services HB 1143 - Persons licensed to practice orthotics or prosthetics; continuing education requirements; revise provisions - BILL SUMMARY: House Bill 1143 authorizes the board to require people seeking renewal of their license to practice orthotics or prosthetics to complete board approved continuing education. The board will set the number of hours required biennially. The board will approve courses offered by higher learning institutions, specialty societies, or professional organizations - Authored By: Rep. Sharon Cooper of the 41st - Committee Action: Do Pass Intragovernmental Coordination HB 1117 - Local government; approval of bonded debt by election; population brackets and the census; change certain provisions - BILL SUMMARY: A Bill to amend the population Act providing for county-wide bond elections or school bond elections in unincorporated Fulton County so as to change the census numbers and remove Gwinnett from its application under the 2010 Census. - Authored By: Rep. Valerie Clark of the 104th - Committee Action: Do Pass Intragovernmental Coordination HB 1119 - Atkinson County; Probate Court judge; provide nonpartisan elections - BILL SUMMARY: A Bill to provide for the non-partisan election of the Probate Judge of Atkinson County. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass Intragovernmental Coordination HB 1120 - Atkinson County; chief magistrate judge; provide nonpartisan elections - BILL SUMMARY: A Bill to provide for the non-partisan election of the Chief Magistrate of Atkinson County. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass Intragovernmental Coordination HB 1121 - Coffee County; chief magistrate judge; provide nonpartisan elections - BILL SUMMARY: A Bill to provide for the non-partisan election of the Chief Magistrate of Coffee County. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass Intragovernmental Coordination SB 413 - Probate Court of Glascock County; provide elections; office of judge - BILL SUMMARY: A Bill to provide for the nonpartisan election of the Probate Judge of Glascock County. - Authored By: Sen. Bill Jackson of the 24th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 772 - Newton County; board of commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Newton County Board of Commissioners. - Authored By: Rep. Doug Holt of the 112th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination - Local HB 773 - Newton County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Newton County Board of Education. - Authored By: Rep. Doug Holt of the 112th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination - Local HB 877 - Fulton County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Fulton County Board of Education. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 957 - Social Circle, City of; School District; change description of education districts - BILL SUMMARY: A Bill to reapportion the Social Circle Board of Education. - Authored By: Rep. Bruce Williamson of the 111th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination - Local HB 1004 - Coffee County; board of commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Coffee County Board of Commissioners. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1005 - Coffee County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Coffee County Board of Education. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination - Local HB 1022 - Lowndes County; board of commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Lowndes County Board of Commissioners. - Authored By: Rep. Amy Carter of the 175th - Committee Action: Do Pass by Committee Substitute Intragovernmental Coordination - Local HB 1095 - Brooks County; board of commissioners; provide new districts - BILL SUMMARY: A Bill to reapportion the Brooks County Board of Commissioners. - Authored By: Rep. Ellis Black of the 174th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1096 - Brooks County; board of education; provide new districts - BILL SUMMARY: A Bill to reapportion the Brooks County Board of Education. - Authored By: Rep. Ellis Black of the 174th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1098 - Berrien County; Board of Commissioners; provide new districts - BILL SUMMARY: A Bill to reapportion the Berrien County Board of Commissioners. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1099 - Berrien County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Berrien County Board of Education. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1101 - Rabun County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Rabun County Board of Education. - Authored By: Rep. Stephen Allison of the 8th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1106 - Meriwether County; Board of Commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Meriwether County Board of Commissioners. - Authored By: Rep. Carl Von Epps of the 128th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1107 - Meriwether County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Meriwether County Board of Education. - Authored By: Rep. Carl Von Epps of the 128th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1108 - Monroe County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Monroe County Board of Education. - Authored By: Rep. Robert Dickey of the 136th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1109 - Monroe County; board of commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Monroe County Board of Commissioners. - Authored By: Rep. Robert Dickey of the 136th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1111 - Atkinson County; Board of Commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Atkinson County Board of Commissioners. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1112 - Atkinson County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Atkinson County Board of Education. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1126 - Mitchell County; Board of Commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Mitchell County Board of Commissioners. - Authored By: Rep. Jay Powell of the 171st - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1127 - Mitchell County; Board of Education; change districts - BILL SUMMARY: A Bill to reapportion the Mitchell County Board of Education. - Authored By: Rep. Jay Powell of the 171st - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1131 - Haralson County; Board of Commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Haralson County Board of Commissioners. - Authored By: Rep. Kevin Cooke of the 18th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1144 - Lamar County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Lamar County Board of Education. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1145 - Lamar County; Board of Commissioners; change description of districts - BILL SUMMARY: A Bill to reapportion the Lamar County Board of Commissioners. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1154 - Milton, City of; Public Buildings and Facilities Authority; authorize city councilmembers to be appointed - BILL SUMMARY: A Bill to authorize the appointment of councilmembers to the City of Milton Public Buildings and Facilities Authority. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass Intragovernmental Coordination - Local HB 1158 - Ben Hill County; Board of Education; change description of districts - BILL SUMMARY: A Bill to reapportion the Ben Hill County Board of Education. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass Intragovernmental Coordination - Local SB 394 - Board of Commissioners of Marion County; change the description of the commissioner districts - BILL SUMMARY: A Bill to reapportion the Marion County Board of Commissioners. - Authored By: Sen. George Hooks of the 14th - Committee Action: Do Pass Intragovernmental Coordination - Local SB 435 - Board of Education of Webster County; change the description of the education districts - BILL SUMMARY: A Bill to reapportion the Webster County Board of Education. - Authored By: Sen. George Hooks of the 14th - Committee Action: Do Pass Intragovernmental Coordination - Local SB 436 - Magistrate Court of Webster County; provide the terms of office of magistrates other than the chief magistrate - BILL SUMMARY: A Bill to provide terms office, nomination, and appointment of magistrates other than the chief magistrate of the Magistrate Court of Webster County. - Authored By: Sen. George Hooks of the 14th - Committee Action: Do Pass Judiciary Non-Civil HB 871 - Violations of traffic laws; additional penalty to be assessed for driver education purposes; extend expiration date - BILL SUMMARY: HB 871 extends the sunset provision for 5 years for the additional fee charged on traffic violations that are paid into pensions, annuities, or retirement funds provided for under Title 47. - Authored By: Rep. Paul Battles of the 15th - Committee Action: Do Pass Judiciary Non-Civil HB 954 - Abortion; criminal abortion; change certain provisions - BILL SUMMARY: HB 954 determines that the General Assembly has a compelling interest in living organisms who can experience pain and prevents abortion after 20 weeks except for limited circumstances. It also provides for additional reporting requirements of a doctor who performs or attempts to perform an abortion including the gestational age of the fetus and the medical emergency that allowed the abortion. - Authored By: Rep. Doug McKillip of the 115th - Committee Action: Do Pass by Committee Substitute Special Committee on Small Business Development and Job Creation HB 1102 - Georgia hazardous site reuse and redevelopment; 30 day grace period for buyers of qualifying property to seek limitation of liability; provide - BILL SUMMARY: This legislation amends the Georgia Code relating to hazardous site reuse and development by providing a 30 day grace period for buyers after the purchase of qualifying property. The term "prospective purchaser" is defined in House Bill 1102 as a person who has applied for a limitation of liability pursuant to this article within 30 days of acquiring title to a property where there is a preexisting release. The limitation of liability provided by this article shall automatically advance to the benefit of heirs, assigns, successors in title, and designees of the person who such limitation of liability is granted. A transfer of title to the qualifying property from the prospective purchaser to any other party deemed to be a contributing person to the release at the property; a person disqualified from obtaining limitation of liability under Code Section 12-8-206; or back to the owner of the property from which the subject property was purchased will terminate any limitation of liability applicable to the transferor. - Authored By: Rep. Lynn Ratigan Smith of the 70th - Committee Action: Do Pass * Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar. ______________________________________________________________________________________________________________ COMMITTEE MEETING SCHEDULE TBD 9:00 AM - 10:00 AM 9:00 AM - 10:00 AM 1:30 PM - 2:30 PM 1:30 PM - 2:30 PM 2:00 PM - 3:00 PM 2:00 PM - 4:00 PM 2:00 PM - 4:00 PM 2:00 PM - 4:00 PM 2:30 PM - 3:00 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 PM 3:00 PM - 5:00 PM 4:00 PM - 5:00 PM Tuesday, February 28, 2012 Floor Session RULES Sales Tax Subcommittee and Ways & Means JUDICIARY NON-CIVIL Telecommunications Subcommittee of Energy, Utilities & Telecommunications CHILDREN & YOUTH JUDICIARY CIVIL TRANSPORTATION GAME, FISH & PARKS BUDGET & FISCAL AFFAIRS OVERSIGHT GOVERNMENTAL AFFAIRS HIGHER EDUCATION WAYS & MEANS PUBLIC SAFETY & HOMELAND SECURITY HOUSE CAHMBER (10:00am) 341 CAP 133 CAP 415 CLOB 406 CLOB 403 CAP 132 CAP 506 CLOB 515 CLOB 406 CLOB 403 CAP 406 CLOB 606 CLOB 506 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. ____________________________________________________________________________