Daily report [Feb. 9, 2012]

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

TOMORROW'S FORECAST
* The House will reconvene for its 17th Legislative Day on Thursday, February 9, at 10:00 AM. * No bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Thursday, February 09, 2012
TODAY ON THE FLOOR

16th Legislative Day

MOTIONS TO AGREE
HB 700 - Effingham County; Board of Education; correct dates of certain elections
- BILL SUMMARY: A Bill to provide terms of office for the members of the Effingham County Board of Education. - Authored By: Rep. Ann Purcell of the 159th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
RULES CALENDAR
HB 342 - Stalking; family violence order; define
- BILL SUMMARY: The bill will expand the definition of a family violence order as used in this section of the Code and allow law enforcement to arrest a perpetrator upon observing a violation of a magistrate's restraining order. - Authored By: Rep. Doug McKillip of the 115th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 167; Nays: 0
HR 1162 - General Assembly; state-wide education policy; clarify authority - CA
- BILL SUMMARY: House Resolution 1162 is proposing an amendment to the Constitution of Georgia to clarify the authority of the state to establish state-wide education policy. With this bill the General Assembly will be able to establish special schools. HR 1162 states that special schools shall include charter schools, as defined and provided for by law; provided that special schools shall only be public schools. If passed, this proposed amendment will be submitted on the ballot for ratification or rejection. - Authored By: Rep. Jan Jones of the 46th - House Committee: Education - Rule: Modified-Structured - Yeas: 110; Nays: 62 - This bill failed to receive the necessary two-thirds majority vote to pass as a constitutional amendment. A notice of a Motion to Reconsider was given, and this resolution may be reconsidered on the next legislative day.
LOCAL CALENDAR
HB 839 - Paulding County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Paulding County Board of Education. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0

* The House will reconvene Thursday, February 9, at 10:00 AM, for its 17th Legislative Day.
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COMMITTEE ON RULES
* The Rules Committee will next meet on Thursday, February 9, at 8:30 AM, to set the next Rules Calendar
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COMMITTEE ACTION REPORT
Agriculture & Consumer Affairs
HB 853 - Georgia Right to Grow Act; enact
- BILL SUMMARY: Section 1 The legislation is known as the "Georgia Right to Grow Act," and amends Code section 2-1-7 of the O.C.G.A..
Section 2 (as amended and creating a Committee Substitute) In Code section 2-1-7 the term "crops" to mean fruits and products of all annual or perennial plants, trees, and shrubs.
Provides that no county, municipality, consolidated government, or local government authority shall prohibit or require any permit for the growing or raising of food crops or chickens, with the exception of roosters, or rabbits, or honeybees or honey in home gardens, fully covered coops, hives, or fully covered pens on private residential property, so long as such food crops are or animals or honeybees or the products thereof are used for human consumption by the occupant of such property and members of his or her household and not for commercial purposes.
This Code section shall not prohibit or impair a local government entity to abate, a public nuisance or any cause of action brought by a private citizen to abate a private nuisance under code Section 41-2-3.
Section 3 This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4 All laws and parts of laws in conflict with this act are repealed. - Authored By: Rep. Earl Ehrhart of the 36th - Committee Action: Do Pass by Committee Substitute
Defense & Veterans Affairs
HB 800 - Assistant adjutants general; certain qualifications; change
- BILL SUMMARY: HB 800 amends certain qualifications under OCGA 38-2-152 to allow Army and Air Force officers with the rank of lieutenant colonel or higher to be appointed assistant adjutant general of the Georgia National Guard by the Governor. This bill also removes the requirement that these officers serve continuously for five or more years in the Army or Air National Guard of Georgia prior to their appointment. - Authored By: Rep. Matt Hatchett of the 143rd - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 745 - Public Health, Department of; study pulse oximetry screening for newborns to detect congenital heart defects; require
- BILL SUMMARY: House Bill 745 requires the Department of Public Health to study pulse oximetry screening as a standard test for newborns to help detect congenital heart defects. The study will look at the implications and fiscal impact of implementing this test. The study is to be presented to the Georgia General Assembly no later than the fifth day of the 2013 regular session. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass as Amended

Industrial Relations
HB 730 - Administrative Services, Department of; public works construction contracts; provisions
- BILL SUMMARY: HB 730 establishes that unless otherwise required by law, the Department of Administrative Services shall not in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract:
(1) Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or
(2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass
Insurance
HB 640 - Insolvent insurers; claimants rights; correct certain language
- BILL SUMMARY: HB 640 simply corrects language in OCGA 33-36-14 that was accidentally omitted by a drafting error. - Authored By: Rep. Carl Rogers of the 26th - Committee Action: Do Pass
Insurance
HB 785 - Insurance; limitations on licensure requirements for certain health care providers; provide
- BILL SUMMARY: The purpose of HB 785 is to insure that licensing of medical doctors and dentists continues to be based on competence and education and not dependant upon them being contractually obligated to a third party payer. - Authored By: Rep. Allen Peake of the 137th - Committee Action: Do Pass
Insurance
HB 786 - Consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide
- BILL SUMMARY: HB 786 provides that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 838 - Paulding County; Board of Commissioners; revise districts
- BILL SUMMARY: A Bill to reapportion the Paulding County Board of Commissioners. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 848 - Whitfield County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Whitfield County Board of Education. - Authored By: Rep. Tom Dickson of the 6th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 876 - Wilkinson County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Wilkinson County Board of Education.

- Authored By: Rep. James Epps of the 140th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 882 - Lanier County; Board of Education; revise districts
- BILL SUMMARY: A Bill to reapportion the Lanier County Board of Education. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 883 - Lanier County; board of commissioners; revise districts
- BILL SUMMARY: A Bill to reapportion the Lanier County Board of Commissioners. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 885 - Dodge County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Dodge County Board of Education. - Authored By: Rep. Jimmy Pruett of the 144th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 902 - Calhoun County; Board of Education; number of members and the districts where elected; provide
- BILL SUMMARY: A Bill to provide for the number of members of the Calhoun County Board of Education and the districts from which they are elected. - Authored By: Rep. Gerald E Greene of the 149th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 903 - Lower Chattahoochee Regional Airport Authority; remove Clay County and Quitman County from membership
- BILL SUMMARY: A Bill to remove Clay and Quitman Counties from the Lower Chattahoochee Regional Airport Authority. - Authored By: Rep. Gerald E Greene of the 149th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 911 - Putnam County; change compensation for certain officials
- BILL SUMMARY: A Bill to provide compensation for the judge, the solicitor, and the clerk of the State Court of Putnam County. - Authored By: Rep. Mickey Channell of the 116th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 306 - Board of Education of Thomas County; change the description of the education districts; definitions and inclusions
- BILL SUMMARY: A Bill to reapportion the Thomas County Board of Education. - Authored By: Sen. John Bulloch of the 11th - Committee Action: Do Pass

Motor Vehicles
HB 215 - Drivers' licenses; convicted of crime against a minor; prohibit certain transport
- BILL SUMMARY: HB 215 would prevent persons that have been convicted of a crime against a minor child from operating a commercial motor vehicle designed to carry 16 or more people. - Authored By: Rep. Paul Battles of the 15th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 795 - All-terrain vehicles; make definitions consistent with industry standards
- BILL SUMMARY: HB 795 modifies definitions related to all-terrain vehicles, recreational off-highway vehicles, and off-road vehicles to make such definitions consistent with current industry standards and practices. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass
Motor Vehicles
HB 865 - Georgia Motor Common and Contract Carrier Act of 2012; enact
- BILL SUMMARY: HB 865 enacts the "Georgia Motor Common and Contract Carrier Act of 2012". Primarily, it transfers the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
SB 138 - License Plates; require a sworn statement by an applicant for a tag renewal
- BILL SUMMARY: The House Motor Vehicles substitute to SB 138 provides that dealer and county issued temporary tags will be computer printed, not handwritten, and will be entered into GRATIS so that law enforcement may verify the authenticity of the temporary tags. In addition, the proposed temporary tags will contain a security feature that is difficult to counterfeit. - Authored By: Sen. Lindsey Tippins of the 37th - Committee Action: Do Pass by Committee Substitute
Regulated Industries
HB 472 - Brewpub distribution system; maximum barrels of beer manufactured and sold; increase
- BILL SUMMARY: The bill amends existing language so as to amend the terms and conditions that exist for owner and operators of brewpubs. The legislation increases the maximum quantity of barrels of beer that may be manufactured (from 5,000 to 10,000) and sold (from 500 to 5,000), as well as removing the requirement that beer be sold solely in draft form. - Authored By: Rep. Richard H. Smith of the 131st - Committee Action: Do Pass by Committee Substitute
Regulated Industries
HB 880 - Professions and businesses; real estate professionals; change certain provisions
- BILL SUMMARY: HB 880 amends Title 43 of the Official Code of Georgia so as to change certain provisions relating to real estate professionals. Section 1
Code Section 43-39A-2 relating to definitions relative to real estate appraisers is amended to specify that `Appraisal management company' does not include a relocation company. Section 2
Code Section 43-39A-2 is further amended by adding a new paragraph (25.1) which states 'Relocation company' means a business entity that acts as an agent or contractor of an employer for the purposes of relocating the employees of such employer and determining an anticipated sales price of the residences of the employees being relocated. Section 3
Code Section 43-39A-3 relating to the Georgia Real Estate Appraisers Board, membership, qualifications, recusal for conflict of interest, terms, removal, meetings, and compensation is amended to specify that having a disciplinary letter of findings imposed on a member of the board is not grounds for removal from office. Section 4

Code Section 43-39A-14 relating to required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification, noncompliance with child support orders, and borrowers in default is amended to revise the definition of `Felony' to mean any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States.
Code Section 43-39A-14 is further amended to remove the stated ability of the board to use the matters asserted in the notice of hearing for refusal of a new appraiser classification in the event that an appraisers classification lapses after the board has filed a notice of hearing but before the board enters a final order. Section 5
Code Section 43-39A-18 relating to penalties for violations, unfair trade practices, and civil judgment is amended to include "Any action taken by the board pursuant to this subsection may, at its discretion, be construed as a `disciplinary sanction' or `sanction' as such terms are used in this chapter." Section 6
Code Section 43-39A-18.1 relating to alternative disciplinary procedures and citations is amended to allow the board to issue a letter of findings to the appraiser if the alleged violation appears to have done no harm to a third party or to the public. A letter of findings shall be confidential, not subject to subpoena in a civil action, not constitute a public record , and not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. Section 7
Code Section 43-40-2 relating to creation of commission, members, meetings, recusal for conflict of interest, removal, compensation, annual report, and budget unit is amended to include a letter of findings as a disciplinary sanction. Section 8
Code Section 43-40-8 relating to qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses is amended to modify the qualifications to become an applicant for a broker or associate broker's license to include `maintain a license in active status for at least three of the last five years immediately preceding such examination.' Section 9
Code Section 43-40-15 relating to grant, revocation, or suspension of licenses, other sanctions, surrender or lapse, conviction, noncompliance with child support order, and borrowers in default is amended to revise the definition of `Felony' to mean any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. Code Section 43-40-15 is further amended to remove the stated ability of the commission to use the matters asserted in the notice of hearing for refusal of a new license in the event that a licensee's license lapses after the board has filed a notice of hearing but before the board enters a final order. The commission may issue an order revoking a licensee's license when that licensee has violated any provisions of this chapter. Section 10
Code Section 43-40-22 relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation is amended to change the amount that nothing shall be construed to obligate the fund for from $15,000.00 to $25,000.00 per transaction, the liability of the fund for the acts of a licensee from $45,000.00 to $75,000.00, and that no person who establishes a proper claim or claims under this Code section shall ever obtain more than from $15,000.00 to $25,000.00. Section 11
Code Section 43-40-22 relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from the fund, and subrogation is amended to remove the statement that the aggrieved person shall notify the commission in writing, by certified mail or statutory overnight delivery, return receipt requested.
Code Section 43-40-22 is further amended to include the right of the commission to object to a verified claim on the issue of whether or not the claim was in violation of this chapter. Section 12
Code Section 43-40-25 relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices is amended to include "Any action taken by the commission pursuant to this subsection may, at its discretion, be construed as a `disciplinary sanction' or `sanction' as such terms are used in this chapter." Section 13
Code Section 43-40-25 is further amended to allow the commission to consider disciplinary actions by another state's real estate brokerage licensing authority in determining the severity of a new sanction. Section 14
Code Section 43-40-25.2 relating to alternative disciplinary procedures and citations is amended to allow the commission to issue a letter of findings to the licensee if the alleged violation appears to have done no harm to a third party or to the public. A letter of findings shall be confidential, not subject to subpoena in a civil action, not constitute a public record , and not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. - Authored By: Rep. Alan Powell of the 29th - Committee Action: Do Pass by Committee Substitute

Retirement
HB 236 - Judges and court employees; new employees not Retirement System of Georgia members; provide
- BILL SUMMARY: This legislation provides that any tax commissioner, tax collector, tax receiver and their employees who first or again take office on or after July 1, 2012 shall not automatically become a member of the Employees Retirement System. Each local governing authority shall have the option of deciding by resolution whether the employees will participate in the Employees Retirement System. If they elect to participate, the employer (not the state) will be responsible for paying the employer's share of the required contribution. Membership in two pension plans would be prohibited.
Any person serving in a covered position on July 1, 2012 shall remain a member of the Employees Retirement System provided there is no break in service.
This is a fiscal retirement bill. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass
Retirement
HB 250 - Georgia Judicial Retirement System; revised survivor's benefit option; provisions
- BILL SUMMARY: This legislation pertains to the Judicial Retirement System. This bill provides that in the event that the amount of benefits paid to a retired member of the JRS or their beneficiary does not equal or exceed the amount of the retired member's contributions, the designated survivor or the member's estate would receive a refund. It also provides that any vested member who had previously rejected spouses' benefits offered through JRS may elect to receive the benefits provided that they pay the full actuarial cost. Finally, this bill would revise survivors' benefit options for those who become members of JRS after July 1, 2012.
This is a fiscal retirement bill. - Authored By: Rep. Tom Weldon of the 3rd - Committee Action: Do Pass

* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE MEETING SCHEDULE

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

Thursday, February 09, 2012 Floor Session NATURAL RESOURCES & ENVIRONMENT Lane Subcommittee (Subcommittee One) Judiciary Civil PUBLIC SAFETY & HOMELAND SECURITY Jacobs Subcommittee (Subcommittee Two) Judiciary Civil RULES Property & Casualty Subcommittee of Insurance Elections Subcommittee of Governmental Affairs Appropriations Education Subcommittee INTRAGOVERNMENTAL COORDINATION EDUCATION Telecommunications Subcommittee JUDICIARY CIVIL

HOUSE CHAMBER (10:00am) 606 CLOB 132 CAP 506 CLOB 133 CAP 341 CAP 415 CLOB 515 CLOB 341 CAP 406 CLOB 506 CLOB 403 CAP 132 CAP

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