Daily report [Feb. 29, 2012]

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

TOMORROW'S FORECAST
* The House will reconvene for its 29th Legislative Day on Monday, March 5 * Rules will meet on Thursday, March 1 at 9:00am

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Wednesday, February 29, 2012
TODAY ON THE FLOOR

28th Legislative Day

RULES CALENDAR
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 - Rule: Modified-Open - Yeas: 166; Nays: 0
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 - Rule: Structured - Yeas: 165; Nays: 0
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 - Rule: Modified-Open - Yeas: 163; Nays: 0
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 - Rule: Modified-Structured - Yeas: 149; Nays: 0

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 - Rule: Structured - Yeas: 172; Nays: 0
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 - Rule: Modified-Open - Yeas: 165; Nays: 0
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 - Rule: Modified-Structured - Yeas: 130; Nays: 15
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 - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 163; Nays: 3
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 - Rule: Modified-Structured - Yeas: 128; Nays: 38
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 - Rule: Modified-Structured - Yeas: 135; Nays: 20
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 - Rule: Structured - Yeas: 102; Nays: 65

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 - Rule: Modified-Structured - Yeas: 166; Nays: 0
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 - Rule: Modified-Structured - Yeas: 135; Nays: 31
LOCAL CALENDAR
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 153; Nays: 0
* The House will reconvene Monday, March 5, at 10:00 AM, for its 29th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules will meet on Thursday, March 1 to set the calendar for the 29th Legislative Day, Monday, March 5,
and bills may be called at the pleasure of the Speaker.
______________________________________________________________________________________________________________

COMMITTEE ACTION REPORT
Agriculture & Consumer Affairs
HB 678 - Mattresses; use of previously used material; provide regulation
- BILL SUMMARY: The substitute bill (LC 35 2615S) amends by revising Code Sections 31-25-1 to 31-25-13, regarding mattresses and similar consumer products.
Section 1 - Code Section 31-25-1 defines 'articles of bedding' means any of the following types of goods which are intended for use by any human being for sleeping purposes: any mattress, mattress pad, mattress protector, upholstered spring, comforter, quilted pad, quilt, cushion, or pillow which is stuffed or filled in whole or part with concealed material. Additional definitions include:
'Manufacturer' means a person who either by himself or herself or through employees or agents makes any article of bedding in whole or in part or who does the upholstery or covering of any unit thereof, using either new or previously used material.
'New material' means any material which has not been used in the manufacture of another article or used for any other purpose.
'Person' means any individual, corporation, company, business, partnership, or association.
'Previously used material' means any material, including jute and shearings, which has been used in the manufacture of another article and subsequently torn, shredded, picked apart, or otherwise disintegrated or altered.
'Renovator' or 'reupholsterer' means any person who repairs, makes over, re-covers, restores, or renews any article of bedding for consideration or resale by combining new material with previously used material.
'Sell' means sell, offer to sell, barter, trade, rent, or possess with intent to sell, deliver or consign in sale, or dispose of in any other commercial manner.
`Thrift store' means any store or private sale that offers primarily used products or merchandise, including Goodwill stores, Salvation Army stores, garage sales, community bazaars, thrift markets and consignment stores. In order to qualify as a thrift store, as least 90 percent of the items sold shall be used, previously owned items not obtained directly from and wholesale supplier.
`Used article of bedding" means an article of bedding that has been previously used that has not been renovated or reupholstered and that contains no new material.
Code Section 31-25-2 provides that no person, except for his or her own use shall, make, repair or renovate articles of bedding for sale in Georgia without first securing a numbered certificate of registration from the Department of Agriculture and paying the fee established for the certificate of registration as set forth in Code Section 31-25-2. The charge for this certificate shall constitute an inspection fee for the purpose of enforcing this chapter. The certificate of registration shall expire one year from the date of issue. The charge shall be paid according to the following schedule:
(1) Manufacturers of articles of bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000.00 (2) Renovators and reupholsterers of articles of bedding . . . . . . . . . . . . . . . . . 250.00 (b) Fees collected by the Department of Agriculture under this chapter shall be deposited in the general fund of the state treasury. (c) The provisions of this Code section shall not apply to a person who is not a manufacturer, renovator, or reupholsterer, and who sells or donates used articles of bedding to or from a thrift store.
Code Section 31-25-3, provides that every person applying for a certificate of registration shall furnish a detailed drawing and description of any sterilizing apparatus and process to be used, which apparatus and process shall be approved by the Department of Agriculture before the applicant shall be entitled to a certificate of registration.
Code Section 31-25-4 further states that (a) No manufacturer, renovator , reupholsterer subject to this chapter shall use any previously used material which, since last used, has not been sterilized by a process approved by the Department of Agriculture. (b) No manufacturer shall sell a used article of bedding which has not been sterilized, since last used, by a process approved by the Department of Agriculture, provided that nothing in this chapter shall be construed as prohibiting public sales under process of law or sales by an

executor or an administrator of an estate.
Code Section 31-25-5 provides that any person who receives articles of bedding for renovation, reupholstering, or storage shall keep attached thereto, from the time of receipt, a tag on which is legibly written the date of receipt and the name and address of the owner.
Code Section 31-25-6 provides the following: (a) No person shall manufacture, renovate, reupholster, or sell any article of bedding to which there is not securely sewed a cloth-backed tag which is at least six square inches in area and upon which there shall be stamped or printed with ink in the English language: (1) The name of the material or materials used to fill the article of bedding; (2) The name and address of the manufacturer, renovator, upholsterer, or vendor of the article of bedding; (3) The manufacturer's, upholsterer's, or renovator's certificate of registration number issued by the Department of Agriculture; and (4) The words 'Made of New Material' if such article contains no previously used material; or the words 'Made of Previously Used Material' if such article contains any material classified as 'Previously Used Material'; or the word 'Secondhand' if such article has been previously used but not remade. The words so stamped shall be in letters at least 1/4 inch high. The tag shall contain nothing of a misleading nature and shall be sewed to the outside cover of every article of bedding being manufactured, renovated, or reupholstered before the filling material has been placed therein. (b) No person, other than a purchaser for his or her own use, shall remove from articles of bedding or deface or alter the tag required under this Code section.
Code Section 31-25-7 states that the Department of Agriculture is authorized and empowered, through its duly authorized representatives, to enforce this chapter. This chapter shall have no application to articles of bedding manufactured by inmates for use by prisoners, detainees, or other government purposes. The Department of Agriculture shall not be authorized to enforce this chapter against the Department of Corrections or other local, state, or federal agencies.
Code Section 31-25-8 provides that the Department of Agriculture is authorized and empowered to inspect every place where articles of bedding are manufactured, renovated, reupholstered, or sold or where material used in such manufacture, renovating, or reupholstering is mixed, worked, sold, or stored
Code Section 31-25-9, provides that when a duly authorized representative of the Department of Agriculture has reasonable cause to believe that an article of bedding is not tagged or filled as required under Code Section 31-25-6, he or she shall have authority to open a seam of such article of bedding for the purpose of examining the filling and shall likewise have authority and power to examine any purchase records or invoices necessary to determine the kind of material used in such article of bedding. He or she shall have power to seize and hold for evidence any article of bedding or material made, possessed, or offered for sale contrary to this chapter.
Code Section 31-25-10 states that the Department of Agriculture shall have the power to require any person supplying material to a manufacturer, renovator, or reupholsterer to furnish such manufacturer, renovator, or reupholsterer an itemized invoice of all materials so supplied, which shall be retained by the manufacturer, renovator, or reupholsterer for one year. All such invoices shall be subject to inspection by the Department of Agriculture.
Code Section 31-25-11 lists that it is the intention of this chapter to prevent both the manufacture and sale in this state of articles of bedding unless manufactured and sold in conformity with its provisions. The Department of Agriculture may make and enforce reasonable rules and regulations for the enforcement of this chapter and may suspend, revoke, and void the certificate of registration of any person convicted of violating this chapter. Any person, a nonresident of this state, who has been issued a certificate of registration and who fails or refuses to enter an appearance in any court of record in this state to answer a charge or charges of violation after service upon such person of a notice by registered or certified mail to so appear or respond, shall have his or her certificate of registration peremptorily revoked by the Department of Agriculture. The articles of bedding manufactured or sold by such person shall not thereafter be sold in this state until such person has paid a special inspection fee of $1,000.00 and the Department of Agriculture has determined that such person is complying with this chapter, whereupon the Department of Agriculture shall reinstate or reissue the certificate of registration to such person.
Code Section 31-25-12 provides that the possession of one or more articles covered by this chapter, when found in any store, warehouse, or place of business other than a private home, hotel, or other place where such articles are ordinarily used, shall constitute prima-facie evidence that the article or articles so possessed are possessed with intent to sell or process the same for sale.
Code Section 31-25-13 states that any person who violates any provision of this chapter shall be guilty of a high and aggravated

misdemeanor punishable by not more than one year in prison or a fine of not more than $10,000.00, or both."
Section 2 This Act shall become effective on January 1, 2013. Section 3 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Ralph Long of the 61st - Committee Action: Do Pass by Committee Substitute
Agriculture & Consumer Affairs
HB 1186 - Agricultural products dealers; applicability of general provisions to persons who buy for cash; provide
- BILL SUMMARY: The legislation amends Code Section 2-9-15 of the O.C.G.A. relating to agricultural products, so as to provide for the persons who buy for cash; to raise the monetary amounts of surety bonds required of agricultural products dealers and grain dealers and to repeal conflicting laws. Section 1 The article shall not apply to: (1) Farmers or groups of farmers in the sale of agricultural products grown by themselves; or (2) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, `The Georgia Food Act,' who conduct no business at the wholesale level and who have fewer than ten employees." Section 2 Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of `good standing' issued by the Commissioner of Insurance. The bonds shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased or sold in any month by the applicant or in the case of cotton not to exceed $300,000. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bonds are given within the time fixed by written demand therefore, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law or without notice or hearing. Section 3 Code section 2-9-34 is amended by revising the minimum amount of the surety bond to $50,000 and the maximum to $300,000 of such bond for a grain dealer. Section 4 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Do Pass
Agriculture & Consumer Affairs
SB 358 - State Government; require this state to reciprocate the preferences granted by out-of-state local governments; resident vendors
- BILL SUMMARY: The legislation amends Code Section 50-5-60 of the O.C.G.A. relating to supplies, equipment, materials and agricultural products produced in Georgia, so as to require this state to reciprocate the preferences granted by out-of state local governments for vendors within their own states when giving preference to resident vendors of this state.
Section 1 Code Section 50-5-60 revising subsection (b) as follows: "(b) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in an another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state, or by any local government of such state, to vendors resident therein over vendors resident in the State of Georgia."
All laws and parts of laws in conflict with this Act are repealed. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass

Education
HB 651 - Charter system earnings; full-time equivalent student; repeal
- BILL SUMMARY: House Bill 651 relates to elementary and secondary education and to repeal the Code section dealing with additional charter system earnings for each full-time equivalent student. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass
Education
HB 797 - State chartered special schools; revise funding
- BILL SUMMARY: This bill establishes the State Charter Schools Commission as a state-level authorizing entity working in collaboration with the Department of Education under the supervision of the State Board of Education. The Commission would have the power to approve or deny petitions for state charter schools, and renew, nonrenew, or terminate petitions in accordance with State Board of Education rules and regulations. The State Board of Education would be able to overrule the approval or renewal within 60 days of the decision upon a majority vote of the members of the state board. The Commission would also have the power to conduct facility and curriculum reviews of state charter schools. The bill goes on to outline the requirements for eligibility to put in a petition, the responsibilities of the state charter schools in the event that petitions are approved or terminated.
The legislation also provides for appropriations of funds for the state charter schools by the Georgia General Assembly and shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants.
This Act would become effective on January 1, 2013, only if a Constitutional amendment authorizing the General Assembly to create charter schools as special schools is ratified at the November, 2012, general election. - Authored By: Rep. Jan Jones of the 46th - Committee Action: Do Pass by Committee Substitute
Education
HB 1178 - Education, Department of; ten-year projection of costs for bills to create a program or funding category having impact on revenues or expenditures; require
- BILL SUMMARY: This legislation amends 28-5-42 so that requests for a bill having a significant impact on the anticipated revenue or expenditure level of the Department of Education which creates a new program or funding category, the fiscal note shall include a ten-year projection of the costs of such new program or funding category. - Authored By: Rep. Tom Dickson of the 6th - Committee Action: Do Pass
Energy, Utilities & Telecommunications
HB 1080 - Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee
- BILL SUMMARY: House Bill 1080 relates to the "Georgia Emergency Telephone Number 9-1-1 Act of 1977" by eliminating the 91-1 Advisory Committee, which is currently inactive but required to meet under existing law. - Authored By: Rep. Ann Purcell of the 159th - Committee Action: Do Pass
Energy, Utilities & Telecommunications
HB 1115 - Public utilities and public transportation; telecommunications; revise and update certain provisions
- BILL SUMMARY: House Bill 1115 revises and updates the provisions pertaining to telecommunications by removing the reporting, operating, and service requirements of telegraph companies. Duplicative regulations covered by the federal government are also removed from the Georgia Code in this legislation. - Authored By: Rep. Mike Dudgeon of the 24th - Committee Action: Do Pass

Energy, Utilities & Telecommunications
HB 1160 - Public Service Commission; term and manner of election of chairperson; change
- BILL SUMMARY: House Bill 1160 makes changes to the election terms and process of the chairperson of the Public Service Commission in the following manner: The chairperson will be selected by a simple majority of the commission. The current chairperson will serve for a term of office as such until January 1, 2013 or until his or her commission expires, whichever is shorter. Each subsequent chairperson will serve for a 2 year term of office, or until his or her term as a member of the committee expires, whichever is shorter. Any 4 members of the commission may call for the election of a chairperson at any time prior to the end of the term. Chairperson elections may not be held more than twice per year, except in the case of a vacancy. No commissioner may be elected or allowed to serve as chairperson for more than 2 consecutive terms. The effective date of this act is December 31, 2012. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 986 - Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide
- BILL SUMMARY: HB 986 provides that in the event of a dispute or complaint arising involving insurance related material not in English, the English version of the material shall control the resolution of the dispute or complaint. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 1067 - Portable electronics insurance; issuance and regulation of limited licenses to sell; provide for comprehensive revision of provisions
- BILL SUMMARY: HB 1067 provides for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance.
" Portable electronics" means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices and their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. - Authored By: Rep. Carl Rogers of the 26th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 1166 - Insurance; individual health insurance coverage to children through child-only health plans; provide
- BILL SUMMARY: HB 1166 provides for individual health insurance coverage to children through child-only health plans. It requires all companies that offer health policies to offer a child-only plan. - Authored By: Rep. Alex Atwood of the 179th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 1175 - Insurance; procedure relative to claimant's offers to settle tort claims involving liability policies; provide
- BILL SUMMARY: HB 1175 provides for procedures relative to claimant's offers to settle tort claims involving liability insurance policies. Further, it provides that failure to make an offer to settle in conformity with the law precludes the recovery of a claim for bad faith or negligent failure to settle. - Authored By: Rep. Carl Rogers of the 26th - Committee Action: Do Pass by Committee Substitute

Judiciary Non-Civil
HB 512 - Tobacco related objects; blunt wrap regulation; provide definition
- BILL SUMMARY: HB 512 adds the definition of 'blunt wrap' to the article dealing with tobacco use of those under the age of 18 and states that regulation of cigarettes and tobacco related objects is a matter of state-wide concern. - Authored By: Rep. Ben Harbin of the 118th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 685 - Dogs; dangerous and vicious; extensively revise provisions
- BILL SUMMARY: HB 685 eliminates the one free bite rule, expands requirements for proper enclosure of a vicious dog, redefines dangerous dogs and adds the definition of a vicious dog.
The bill requires registration for possession of a vicious dog and a microchip ID; provides court order for euthanasia of dogs that have bitten humans more than once; prohibits ownership of more than one vicious dog; and prohibits felons from ownership of certain dogs. - Authored By: Rep. Gene Maddox of the 172nd - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 872 - Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions
- BILL SUMMARY: HB 872 limits from whom a secondary metals recycler may purchase copper coil or wire and limits the form of payment to a check or electronic funds transfer payable to the person who is recorded as a seller. It requires additional information to be kept in the records of each transaction, provides for forfeiture proceedings when any copper has being taken illegally, and requires registration of secondary metal recyclers with the sheriff of each county. Finally, HB 872 regulates the selling of 'burial objects' as scrap metal. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 1093 - Crimes and offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions
- BILL SUMMARY: The proposed legislation would change a few provisions in OCGA 16-8-21 relating to the theft or the removal/abandonment of shopping carts.
This Code section makes it a misdemeanor for any person to remove a shopping cart from the premises of its owner without consent.
The bill removes the provision that requires the owner of the store in which the shopping cart is used to post printed copies of this Code section in his or her store. - Authored By: Rep. Paulette Braddock of the 19th - Committee Action: Do Pass
Natural Resources & Environment
HB 1064 - Conservation and Natural Resources; occupying live-aboards; repeal provisions
- BILL SUMMARY: House Bill 1064 amends Part 4 of Article 4 of Chapter 5 of Chapter 12 of the O.C.G.A. by redefining "liveaboard" as "a floating vessel or other watercraft capable of safe, mechanically propelled navigation under average Georgia coastal wind and current conditions which is utilized as a human or animal abode and is located at a marina or a mooring area established by the Department of Natural Resources." It further amends the section by allowing a person to occupy a live-aboard for 90 days rather than 30 days during any calendar year, and that in order to occupy the live-aboard beyond 90 days, the DNR Commissioner must grant an extension. - Authored By: Rep. Jason Spencer of the 180th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 868 - Income tax credits; business enterprises located in less developed areas designated by tiers; provide
- BILL SUMMARY: In Sections 1 and 2 of HB 868 the bill seeks to clarify 48-7-40 so as to include manufacturers of alternative energy products, biomedical manufactures and provides jobs which are industrial in nature to be eligible for the JOBS tax credit. Furthermore the legislation defines a new full-time employee job, to require 35 hours of work per week and have a higher salary than the average salary of the county. In Section 3 there is an expansion of the Research and Development Tax Credit to allow companies to take this credit against their State withholding liability. Section 4 includes an expansion of Port Tax Credit Bonus and allows Port Tax Credit bonus to be used in Less Developed Census Tracts, Military Zones, and Opportunity Zones. Lastly, in section 5 the Quality Job Tax Credit is expanded for use by military contractors. - Authored By: Rep. Doug Collins of the 27th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 1027 - Revenue and taxation; tax credit for film or video production in Georgia; change certain provisions
- BILL SUMMARY: HB 1027 seeks to clarify HB 48-7-40.26 so as to preclude the credit going for expenditures related to footage shot outside of the state, development costs including story right's cost. Additionally, the legislation requires that a static or animated Georgia logo be inserted in the credits before the crew line in the credits, unless specifically prohibited by federal law or contractual obligations at which time the production company may submit a financially equivalent plan of advertising to the Department of Economic Development. The bill ensures that local interest programming, instructional videos, corporate videos or any project not record within the state are not eligible for the credit. Additionally, any company that acts as a subcontractor of a production company, that will be the end recipient of the credit, must register with the Secretary of State as a business operating within the state and withhold income taxes on the wages paid to employees. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 1165 - Taxation; unreturned property; eliminate population provisions; provide penalties
- BILL SUMMARY: This legislation seeks to repeal both the population requirement for assessing unreturned property assessments as well as the penalty for unreturned property assessments'. 48-5-299 (b) (1-2) was established so as to require property owners only within Fulton County must report additions to real property for ad valorem taxing purposes. The section went on so as to set the fine which may be charged in any county with a population exceeding 600,000 people according to the 1970 census. - Authored By: Rep. Josh Clark of the 98th - Committee Action: Do Pass
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

9:00 AM - 10:00 AM 10:00 AM - 5:30 PM

Thursday, March 01, 2012 RULES Special Joint Committee on Georgia Criminal Justice Reform

341 CAP 406 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.

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