Daily report [Feb. 28, 2012]

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

TOMORROW'S FORECAST
* The House will reconvene for its 28th Legislative Day on Wednesday, February 29, at 10:00 AM. * 13 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Tuesday, February 28, 2012

27th Legislative Day

TODAY ON THE FLOOR

RULES CALENDAR

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year from when the recommendation is made as long as the responsibilities and obligations, fiduciary or otherwise, are repealed, revised or reassigned by the General Assembly.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 - Rule: Modified-Structured - Yeas: 108; Nays: 50
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 - Rule: Modified-Structured - Yeas: 154; Nays: 0
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 - Rule: Modified-Open - Yeas: 162; Nays: 0
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 - Rule: Modified-Structured - Yeas: 140; Nays: 2
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 - Rule: Modified-Open - Yeas: 161; Nays: 0
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 - Rule: Modified-Open - Yeas: 115; Nays: 40

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 - Rule: Modified-Structured - Yeas: 164; Nays: 0
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 - Rule: Structured - Yeas: 159; Nays: 4
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 - Rule: Modified-Structured - Yeas: 160; Nays: 0
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 - Rule: Structured - Yeas: 161; Nays: 0
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 - Rule: Structured - Yeas: 159; Nays: 1
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 - Rule: Modified-Structured - Recommitted to the Insurance Committee

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 - Rule: Modified-Structured - Yeas: 137; Nays: 16
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 - Rule: Modified-Structured - Yeas: 140; Nays: 16
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 - Rule: Modified-Open - Yeas: 162; Nays: 0

LOCAL CALENDAR
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0

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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0

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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0

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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 150; Nays: 0
* The House will reconvene Wednesday, February 29, at 10:00 AM, for its 28th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 28th Legislative Day, Wednesday, February 29, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
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 - House Committee: Retirement - House Committee Passed: 2/22/2012 - Rule: Modified-Open
HB 289 - Ad valorem tax exemptions; revise a definition
- BILL SUMMARY: This legislation affects the updates the property tax brackets in 48-5-40 (3)(L) which lists the possible qualification for a Homestead Exemption. Currently subsection (L) only pertains to Butts County and with the adjustment continues to only affect the same. - Authored By: Rep. Andrew J. Welch of the 110th - House Committee: Ways & Means - House Committee Passed: 2/7/2012 - Rule: Structured

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 - House Committee: Insurance - House Committee Passed: 2/22/2012 - Rule: Modified-Open
HB 520 - Energy purchase; amount of energy provider is required to purchase from generator; change
- BILL SUMMARY: This legislation changes the required amount of energy an electric service provider purchases from eligible customers. An electric service provider shall only be required to purchase energy from an eligible customer on a first-come, first-serve basis until the cumulative generating capacity of all renewable energy sources equals 2.5% of the utility's annual peak demand in the previous year. This is an increase from the .2 percent under existing law. However, said providers are not required to purchase energy at a price above avoided energy cost unless it is part of a renewable energy program. - Authored By: Rep. Don Parsons of the 42nd - House Committee: Energy, Utilities & Telecommunications - House Committee Passed: 2/23/2012 - Rule: Modified-Structured
HB 641 - Courts; juvenile proceedings; substantially revise provisions
- BILL SUMMARY: The Child Protection and Public Safety Act is a comprehensive revision of the Georgia Code's juvenile court provisions, which govern the state's response to children and their families in case of abuse, neglect, violations of the law by children, and other circumstances requiring court intervention.
Article 1 (General Provisions) Article 1 provides general definitions and principles that would apply in all juvenile court code proceedings. The Act redefines key terms, clarifies the child's right to be present at court proceedings, allows the court to refer cases to mediation, specifies the factors the court should consider when evaluating the "best interests of the child," and prohibits children under the juvenile court's jurisdiction from being confined in adult criminal detention facilities.
Article 2 (Juvenile Court Administration) Article 2 governs the creation and administration of juvenile courts and the appointment of judges. The Act contains few substantive changes from current law.
Article 3 (Dependency) Article 3 relates to cases involving children who have been abused or neglected by adults responsible for their well-being. The Act stresses the child's relationship with the court and provides consistency with national standards. It also clarifies the roles and responsibilities of those who represent the child in court.
Article 4 (Termination of Parental Rights) Article 4 governs cases involving a petition to involuntarily terminate the rights of a parent to the custody and control of a child because the parent is unable to safely and adequately care for the child. The Act clarifies important rights and procedures in this process.
Article 5 (Independent Living Services) Article 5 creates a completely new set of provisions to ensure that dependent children in foster care are given the opportunity and assistance they need to plan for their futures, learn necessary skills for independence and get off to a good start in their adult lives.
Article 6 (Children in Need of Services) Article 6 creates a new approach for intervening with children who are currently considered "unruly." This includes children who have committed an act that would not be against the law but for the fact that they are children, such as skipping school, running away from home, and violating curfew. It also includes children who are "habitually disobedient" to their parents and whose behavior places themselves or others in unsafe circumstances. The Act creates a more holistic, service-oriented approach to these cases.
Article 7 (Delinquency) Article 7 relates to cases involving children who have committed acts that would be crimes if the children were adults. The Act reorganizes and clarifies the delinquency provisions of current law.

Article 8 (Competency in Delinquency Cases) Article 8 governs the way courts determine whether a child is competent to participate in delinquency proceedings, and how the court responds to a child who is not competent. Competency is important because due process requires that people not be subjected to the possible loss of their liberty in criminal or delinquency cases. A child is considered competent when they understand the charges and the legal proceedings and have the capacity to effectively assist their attorney in their defense. The Act revises current law regarding the determination of competency in juvenile proceedings.
Article 9 (Parental Notification) Article 9 renumbers (but does not change) provisions of current law requiring notification of parents when people under the age of 18 seek abortions.
Article 10 (Access to Hearings and Records) Article 10 governs access to hearing and records in juvenile proceedings. For the most part, the Act maintains the current level of confidentiality.
Article 11 (Emancipation) Article 11 relates to the process by which a child becomes a legal adult. Emancipation releases parents from their obligations and rights to the child. The Act renumbers (but does not change) current law.
Article 12 (Child Advocate for the Protection of Children) Article 12 renumbers (but does not change) provisions of current law establishing and governing the Office of the Child Advocate.
Article 13 (Georgia Juvenile Code Commission) Article 13 creates a 13 member commission granted with the responsibility of studying and collecting information and data relating to the efficacy of this chapter, current best practices in the field of juvenile law, and all matters relevant to maintaining an effective and efficient Juvenile Code that will promote public safety and serve the best interests of Georgia's children. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Judiciary - House Committee Passed: 2/23/2012 - Rule: Structured
HB 746 - Commissioner of Agriculture; 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 - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 2/22/2012 - Rule: Modified-Open
HB 751 - Jasper County; Probate Court judge; provide nonpartisan elections
- BILL SUMMARY: A Bill to provide for the non-partisan election of the Probate Judge of Jasper County. - Authored By: Rep. Susan Holmes of the 125th - House Committee: Intragovernmental Coordination - House Committee Passed: 2/9/2012 - Rule: Modified-Structured

HB 817 - Transportation, Department of; power to contract; amend limitations
- BILL SUMMARY: This is the annual Department of Transportation housekeeping bill. It amends several Code sections relating to GDOT.
Section 1 raises the max expenditure contracted for construction and maintenance of public roads from $100,000 to $200,000. This section also raises the same expenditure in emergency situations for construction or maintenance to $200,000 when the work requires completion without delay of advertising for public bids.
Section 2 amends Code Section 32-2-64 by allowing the posting of a bid on the department's website to satisfy the public bid requirement.
Section 3 amends Code Section 32-2-69 by allowing the posting of a bid to the department's website to be the equivalent of having read the bid.
Section 4 amends Code Section 32-2-81 relating to design-build projects and procedure of the department by changing the cap for design-build projects to 50 percent of the total amount of construction projects awarded in the previous fiscal year.
Section 5 amends 32-4-20 relating to the composition of state highway system. Adds an additional possible requirement in that the road serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way.
Section 6 provides a new Code Section 32-6-5 which allows the department to close or limit access to any portion of road on the state highway system due to inclement weather. Requires signage indicating that a portion of road has been closed or access limited. The department must notify drivers through posted signage that tire chains, four wheel drive with adequate tires for existing conditions, or snow tires with an all weather rating from the manufacturer are required to proceed. Commercial vehicles, except buses, with 4 or more drive wheels shall have tire chains on at least 4 of the drive wheels. Bus operators must put chains on at least 2 of the drive wheel tires. A tire chain is defined as metal chains which consist of 2 circle metal loops positioned on each side of a tire, connected by not less than 9 evenly spaced chains across the tread of the tire or any other traction devices capable of providing traction equal to or exceeding that of such metal chains. There is an exemption from these requirements for a tow operator who is towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed or to emergency responders traveling the roadway in order to fulfill their duties.
Section 7 amends Code Section 32-6-26 relating to weight and load limits by removing the requirement for the approval of commissioner for the designation of a truck route on county roads and requires the county notify GDOT of the designation within ninety days.
Section 8 amends Code Section 32-6-50 by removing the requirement for the approval of the commissioner of GDOT for the designation of a truck route. - Authored By: Rep. Chad Nimmer of the 178th - House Committee: Transportation - House Committee Passed: 2/21/2012 - 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-Structured

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 7-9-6. 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 - House Committee: Banks & Banking - House Committee Passed: 2/22/2012 - Rule: Modified-Structured

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 - House Committee: Judiciary Non-Civil - House Committee Passed: 2/27/2012 - Rule: Structured
HB 990 - Municipal corporations; control over parks and fire stations; change certain provisions
- BILL SUMMARY: HB 990 requires all remaining Special Service District taxes and earnings on the taxes in an area that incorporated would be transferred yearly to the respective city. This usually results from prolonged property tax disputes. The monies are currently frozen by the county.
Secondly, the bill requires the sale of parkland within the boundaries of a new city if the land was classified as a park at the time of incorporation. - Authored By: Rep. Jan Jones of the 46th - House Committee: Governmental Affairs - House Committee Passed: 2/23/2012 - Rule: Modified-Structured
SB 339 - Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Dept. of Natural Resources and State Forestry Commission
- BILL SUMMARY: This legislation takes all aviation assets and personnel of the Department of Natural Resources and the Georgia Forestry Commission placed under the Georgia Aviation Authority upon its creation and moves them back to their respective departments. This leaves the Aviation Authority responsible for leasing of aviation assets that remain to state agencies that lack aviation equipment as well the book keeping for these leases. - Authored By: Sen. Butch Miller of the 49th - House Committee: Transportation - House Committee Passed: 2/21/2012 - Rule: Modified-Structured
* The Rules Committee will next meet on Wednesday, February 29, at 9:00 AM, to set the Rules Calendar for the 29th Legislative Day.
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COMMITTEE ACTION REPORT
Budget and Fiscal Affairs Oversight
HB 669 - State Agencies; require reporting of federal funds received; provisions
- BILL SUMMARY: The committee substitute to HB669 applies to the following state agencies: The Department of Administrative Services, Agriculture, Revenue, Community Affairs, Corrections, Natural Resources, Banking and Finance, Public Health, Community Health, Behavioral Health and Developmental Disabilities, Human Services, Insurance, Public Safety, Transportation, Veterans, Labor, Economic Development, Public Service Commission, Board of Regents, Technical College System, Education and Defense.
The Department of Audits and Accounts shall annually prepare a report that reflects 1) the amount of federal funds each agency received in the prior year 2) the amount of federal funds appropriated by the Legislature for each agency in the prior year and 3) the percentage of each agency's total budget that constitutes all federal revenue and federal funds appropriated by the legislature that the agency received for the prior fiscal year. The Board of Regents shall include the information in 1-3 for each state institution of higher education.
This report is due to the Appropriations Committees of the House and Senate on or before the first day of the regular session of the General Assembly each year.
Both the House and Senate Appropriations Committee must review the report at their next meeting and decide to 1) recommend that the Legislature reduce or eliminate appropriations for an agency 2) take no action or 3) take other action.

During the 2012 interim, the Senate Government Oversight Committee and the House Committee on Governmental Affairs shall jointly study whether to draft and propose legislation requiring a political subdivision to also report on the percentage of its budget that is comprised of federal funds and on a operating plan that considers the reduction of federal funds by 5% or more or 25% or more. The Committees will also study whether to require the same operating plans for each college or university, school with the public education system and each state agency identified in (a)(1). - Authored By: Rep. Josh Clark of the 98th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 109 - Public employees; not use government owned devices to promote or oppose legislation; provide
- BILL SUMMARY: HB 109 prevents public employees from using government owned devices to lobby unless they are registered as a lobbyist with the Georgia Ethics Commission. - Authored By: Rep. Mark Hamilton of the 23rd - Committee Action: Do Pass
Governmental Affairs
HB 669 - State Agencies; require reporting of federal funds received; provisions
- BILL SUMMARY: The committee substitute to HB669 applies to the following state agencies: The Department of Administrative Services, Agriculture, Revenue, Community Affairs, Corrections, Natural Resources, Banking and Finance, Public Health, Community Health, Behavioral Health and Developmental Disabilities, Human Services, Insurance, Public Safety, Transportation, Veterans, Labor, Economic Development, Public Service Commission, Board of Regents, Technical College System, Education and Defense.
The Department of Audits and Accounts shall annually prepare a report that reflects 1) the amount of federal funds each agency received in the prior year 2) the amount of federal funds appropriated by the Legislature for each agency in the prior year and 3) the percentage of each agency's total budget that constitutes all federal revenue and federal funds appropriated by the legislature that the agency received for the prior fiscal year. The Board of Regents shall include the information in 1-3 for each state institution of higher education.
This report is due to the Appropriations Committees of the House and Senate on or before the first day of the regular session of the General Assembly each year.
Both the House and Senate Appropriations Committee must review the report at their next meeting and decide to 1) recommend that the Legislature reduce or eliminate appropriations for an agency 2) take no action or 3) take other action.
During the 2012 interim, the Senate Government Oversight Committee and the House Committee on Governmental Affairs shall jointly study whether to draft and propose legislation requiring a political subdivision to also report on the percentage of its budget that is comprised of federal funds and on a operating plan that considers the reduction of federal funds by 5% or more or 25% or more. The Committees will also study whether to require the same operating plans for each college or university, school with the public education system and each state agency identified in (a)(1). - Authored By: Rep. Josh Clark of the 98th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 899 - Primaries and elections; dates of nonpartisan elections; provide
- BILL SUMMARY: HB 899 is the annual "clean up" bill for the Elections Division of the Secretary of State's Office. - Authored By: Rep. Buzz Brockway of the 101st - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 991 - Sheriffs; how vacancies are filled; change provisions
- BILL SUMMARY: HB 991 changes how vacancies are filled in the office of Sherriff. Under this bill, a vacancy in the Sherriff's office will be filled by the Chief Deputy Sheriff until a special election can be held. If there is no Chief Deputy Sheriff, the Probate Judge will appoint a replacement. In the instance there are six months or less until the term expires, the replacement will serve until the expiration of the term. - Authored By: Mr.. Billy Maddox of the 127th - Committee Action: Do Pass by Committee Substitute

Governmental Affairs
HB 1123 - Annexation; unincorporated islands; repeal Article 6
- BILL SUMMARY: HB 1123 repeals a provision in the code that allows for the unilateral incorporation of unincorporated islands created by incorporations prior to 1992. These islands can still incorporated by using one of three methods provided for in the law. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1167 - Columbia County; Board of Commissioners; provide term limits for chairperson and members
- BILL SUMMARY: A Bill to provide a referendum and if approved by the voters, to provide term limits for the chairperson and members of the Columbia County Board of Commissioners. - Authored By: Rep. Ben Harbin of the 118th - Committee Action: Do Pass
Judiciary
HB 100 - Georgia Tax Court; create
- BILL SUMMARY: As introduced, HB 100 creates a Georgia Tax Court as a pilot project of limited duration pursuant to Article VI, Section I, Paragraph X of the Georgia Constitution.
The current bill substitute moves the court under the executive branch as a separate agency from the Department of Revenue. The court's jurisdiction is over hearings demanded by aggrieved taxpayers. - Authored By: Rep. Allen Peake of the 137th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 397 - State government; open meetings and records; revise provisions
- BILL SUMMARY: HB 397 is a comprehensive overhaul of the open meetings act. - Authored By: Rep. Jay Powell of the 171st - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 658 - Damages; reduction of earnings to present value; change provisions
- BILL SUMMARY: HB 658 amends provisions relating to the reduction of future medical expenses, living expenses, lost wages or economic damages to present value. It provides that the trier of fact base its reduction on either expert testimony or a discount rate of 5 percent. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 822 - Georgia Taxpayer Protection False Claims Act; enact
- BILL SUMMARY: HB 822 expands the use of the state Attorney General's office to investigate individuals and corporations that engage in fraudulent activity with taxpayer money. Medicaid claims are already subject to this investigative measure. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 961 - Homeowners' Solar Bill of Rights; enact
- BILL SUMMARY: HB 961 disallows homeowners associations after January 1, 2013, from prohibiting homeowners from installing or using solar energy devices except in limited circumstances, nor can the associations require a permit or fee for the installation or use of one. - Authored By: Rep. Karla Drenner of the 86th - Committee Action: Do Pass by Committee Substitute

Judiciary
HB 1048 - Civil practice; who may serve process; change provisions
- BILL SUMMARY: HB 1048 allows for the appointment of permanent process servers by the courts as well as statewide service by these process servers while removing the sheriff's gatekeeper provision.
In addition, HB 1048 adds a filing fee for an application to be appointed as a certified process server. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 940 - Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions
- BILL SUMMARY: In the event a capital defender is unable to represent a defendant in a capital felony case, HB 940 requires the attorney appointed by the Georgia Public Defender Standards Council to receive approval from the assigned judge of his or her attorney's fees prior to submission to the council for payment. - Authored By: Rep. B.J. Pak of the 102nd - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 1114 - Homicide; offering to assist in commission of suicide; repeal certain provisions
- BILL SUMMARY: HB 1114 criminalizes the knowing assistance of suicide and makes it a felony punishable by 1-10 years.
The bill only applies to individuals actually assisting in a suicide and does not apply to hospitals, associations or to common medical procedures and efforts to relieve pain and treat diseases that might actually shorten life. - Authored By: Rep. Ed Setzler of the 35th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 985 - Motor Vehicles; temporary license plates; modify provisions
- BILL SUMMARY: HB 985 modifies provisions relating to temporary license plates for motor vehicles. It provides for an extension of time for registration of motor vehicles under certain circumstances. It removes lamination requirements for motor vehicle decals. It provides for the furnishing of motor vehicle driver information to the Department of Revenue for the purpose of detecting fraud. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass
Public Safety & Homeland Security
HB 827 - Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions
- BILL SUMMARY: This bill makes eluding or fleeing from law enforcement a felony offense. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass
Public Safety & Homeland Security
HB 1081 - Georgia Emergency Management Agency; licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams; eliminate
- BILL SUMMARY: House Bill 1081 would eliminate the requirements for the Georgia Emergency Management Agency to issue licenses for nongovernmental rescue organizations and for private search and rescue dog teams. - Authored By: Rep. Ann Purcell of the 159th - Committee Action: Do Pass

Public Safety & Homeland Security
HB 1141 - Georgia Sheriffs' Cooperative Authority; create
- BILL SUMMARY: This legislation creates the Georgia Sheriffs' Cooperative Authority. This authority would establish a representative group able to act on behalf of those sheriffs throughout this state who voluntarily participate in such group and to provide on behalf for development and maintenance of public records management and monitoring, as well as providing lifesaving equipment and training for the sheriffs of this state. - Authored By: Rep. Ann Purcell of the 159th - Committee Action: Do Pass by Committee Substitute
Transportation
HB 1051 - Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; repeal provisions
- BILL SUMMARY: This bill will repeal the provisions in the OCGA relating to the make up of the MARTA Board and the 50/50 split of funds passed in the Transportation Investment Act of 2010. This repeal will only go into effect if HB 1052, The MARTA Act rewrite is passed and signed into law. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass
Transportation
HB 1052 - Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors
- BILL SUMMARY: This legislation updates and changes provisions of the MARTA Act of 1965. Section 1 revises the board terms and make up. The members would now serve staggered terms and the Executive Director of Georgia Regional Transportation Authority would now be a voting member. Section 2 requires that contracts given for professional services (attorneys, consultants, engineers, etc) be solicited and awarded through requests for proposals following the generally accepted government procurement standards or through procedures otherwise required by federal law. Section 3 would allow MARTA to post financial reports on their website. The Authority would be required to send an electronic notice of publication to each local governing body of each participating local government of the Metro Atlanta area. Section 4 requires the Capital Improvement Budget to include a ten year look back at how implementation and execution has gone in the past. Section 5 relaxes the 50/50 split through 2013. Section 6 provides an effective date of January 1, 2013. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute
Transportation
HR 1177 - Veterans Memorial Highway; Oglethorpe County; dedicate
- BILL SUMMARY: A resolution dedicating the portion of State Route 22 in Oglethorpe County from U.S. Route 78/State Route 10 in Lexington to the Madison County line as the Veterans Memorial Highway.
This substitute also includes additional road dedications: HR 1141 HR 1142 HR 1152 HR 1158 HR 1164 HR 1351 HR 1352 HR 1439 HR 1542 HR 1602 - Authored By: . Chuck Williams of the 113th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 29 - Tax Amnesty Program Act; additional amnesty periods; provisions
- BILL SUMMARY: This legislation would create an additional tax amnesty program that would cover the period beginning January 1, 1991 and running through December 31, 2010. Unpaid taxes could be remitted to the state for the initial amount owed plus interest but with no penalties to be assessed. The amnesty period would only cover state taxes and does not affect local taxation. The period in which the amnesty program would operate would be during October 31, 2012 and end by December 31, 2012. - Authored By: Rep. Keith G Heard of the 114th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 318 - Sales and use tax exemptions; donated food for hunger relief; extend
- BILL SUMMARY: This legislation renews the sales tax exemption for prepared food that is donated to a food bank for the purposes of hunger relief. The new sunset would run from July 1, 2012 until June 30, 2015. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 334 - Sales and use tax exemptions; food and beverages to food bank; extend
- BILL SUMMARY: This legislation renews the sales tax exemption for food and food ingredients purchased by food banks. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 379 - Sales and use tax exemptions; personal property to certain nonprofit health centers; provide
- BILL SUMMARY: This legislation would renew the sales tax exemption for purchases of supplies for use by federally qualified heath clinics. The new exemption period would run from July 1, 2012 until December 31, 2015. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 450 - Setoff debt collection; debts owed to public housing authorities; authorize
- BILL SUMMARY: This legislation allows for public housing authorities to be included within the agencies allowed to collect bad debts through the setoff debt collection process set forth in 48-7-160 et. seq. Additionally HB 450 provides for numerous due process steps that any authority must meet in order for the Department of Revenue to collect such a debt. As well as require that the list of names to be provided to the Department of Revenue must be gather into one file and transmitted to the department. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 715 - Municipal taxation; certain contracts to access taxes; provide limitations
- BILL SUMMARY: This legislation alters the way that a municipality may contract with counties and county tax commissioners so as to require that the amount to be paid to the tax commissioner (or collector) as a "municipal supplement" for the functions performed by the commissioner in collecting tax revenues for the municipalities. - Authored By: Rep. Lynne Riley of the 50th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 743 - Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend
- BILL SUMMARY: This legislation extends the motor fuel tax exemption that provides for an exemption for public transit systems and transportation systems operated on educational campuses throughout the state. The new extension would continue until June 30, 2015. - Authored By: Rep. Tom Rice of the 51st - Committee Action: Do Pass
Ways & Means
HB 818 - Income tax credit; certain commercial geothermal heat pumps; include
- BILL SUMMARY: This legislation clarifies the energy conservation income credit provided for in 48-7-29.14 so as to allow for a three phase heat pump to be allowed in the credit. Additionally the bill lowers the amount of the credit in calendar year 2014 to 2.5 million from 5 million. - Authored By: Rep. Don Parsons of the 42nd - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 846 - Revenue, Department of; various administrative and procedural requirements; change
- BILL SUMMARY: This legislation would clarify and add specific documentation to the information that county boards of assessors need in relation to the ability for such properties to qualify for the conservation use covenant property program. Additionally, the bill allows for property owners who have entered property in the conservation use covenant program and who subsequently acquire contiguous property, to enter such property into the same covenant. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 851 - Taxation of intangibles; rates charged by collecting officers; change certain requirements
- BILL SUMMARY: This legislation alters the population brackets for the percent of intangible tax local county collectors may retain as compensation for the collection of such tax. Currently Dekalb and Fulton counties are the only two that are subject to this requirement that they may only retain 4% of the tax, whereas the rest of the counties may retain 6%. With the new census, Cobb and Gwinnett counties would be subject to this legislation to only be entitled to the 4% of revenue. This legislation alters the brackets so as to keep the same applicability as before this census. - Authored By: Rep. Tom Rice of the 51st - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 864 - Sales and use tax; retailers under certain circumstances advertise to pay purchaser's tax on transaction; provide
- BILL SUMMARY: This legislation would allow for retailers to advertise that the retailer would pay the sales tax for a sale, as long as the retailer provides the consumer with some form of written evidence that the retailer is liable for the tax, and the retailer properly remits the correct amount of tax to the state. - Authored By: Rep. Ben Harbin of the 118th - Committee Action: Do Pass
Ways & Means
HB 916 - Bona fide conservation use property; covenants; change certain qualifications and restrictions
- BILL SUMMARY: This legislation would clarify and add specific documentation to the information that county boards of assessors need in relation to the ability for such properties to qualify for the conservation use covenant property program. Additionally, the bill allows for property owners who have entered property in the conservation use covenant program and who subsequently acquire contiguous property, to enter such property into the same covenant. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 994 - Ad valorem taxation; preferential assessment of brownfield property; extend under certain circumstances
- BILL SUMMARY: This legislation would allow property owners whose property qualifies under the "Georgia Hazardous Site Reuse and Redevelopment Act," and such property has already been filed for preferential assessments of the property tax under the act, whose property has also suffered a stoppage in redevelopment for a period of more than 180 days, to swear out an affidavit stating such periods of inactivity. After such documentation has been provided to the county's board of assessors one additional year is to be granted for every 365 days of inactivity, as long as the total period of preferential assessments last no longer than 15 years. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass
Ways & Means
HB 1071 - Excise tax; certain tobacco products; change certain provisions
- BILL SUMMARY: This legislation would require that all retail establishments who sell tobacco products must renew their license annually as well as maintain certain documentation pertaining to the inventory of tobacco that they have on hand at any given time. The bill further clarifies the definition of little cigar to ensure that the correct tax is being remitted for the correct product. Lastly, criminal penalties were clarified and strengthened throughout the code. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass by Committee Substitute
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

TBD 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 9:00 AM - 9:30 AM 9:30 AM - 10:00 AM 1:00 PM - 3:00 PM 1:00 PM - 3:30 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:30 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 PM 3:00 PM - 4:00 PM

Wednesday, February 29, 2012 Floor Session SCIENCE & TECHNOLOGY AGRICULTURE & CONSUMER AFFAIRS ENERGY, UTILITIES & TELECOMMUNICATIONS INSURANCE Environmental Quality Subcommittee of Natural Resources NATURAL RESOURCES & ENVIRONMENT EDUCATION JUDICIARY NON-CIVIL RETIREMENT DEFENSE & VETERANS AFFAIRS JUDICIARY CIVIL HEALTH & HUMAN SERVICES BUDGET & FISCAL AFFAIRS OVERSIGHT INTRAGOVERNMENTAL COORDINATION

HOUSE CHAMBER (10:00am) 506 CLOB 403 CAP 515 CLOB 606 CLOB ** See Agenda for Details** 403 CAP 403 CAP 506 CLOB 132 CAP 403 CAP 515 CLOB 341 CAP 606 CLOB 403 CAP 403 CAP

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

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