Daily report [Mar. 22, 2012]

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

TOMORROW'S FORECAST
* The House will reconvene for its 38th Legislative Day on Monday, March 26, at 10:00 AM. * 17 bills are expected to be debated on the floor.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Thursday, March 22, 2012
TODAY ON THE FLOOR

37th Legislative Day

ADJOURNMENT RESOLUTION

HR 1978 Adjournment Resolution For the Regular Session of the Georgia General Assembly for the period of Friday, March 23, 2012, through Thursday, March 29, 2012, shall be as follows:

Friday, March 23 through Sunday, March 25 .. .. .. Monday, March 26 .. .... .. .. ..... ..... .... .. .. ..... .. .. Tuesday, March 27 . .... .. .. ..... ..... .... .. .. ..... .. .. Wednesday, March 28 . . .. ..... ..... .... .. .. ..... .. .. Thursday, March 29 .... .. .. ..... ..... .... .. .. ..... ..

in adjournment in session for legislative day 38 in session for legislative day 39 in adjournment in session for legislative day 40

MOTIONS TO INSIST
HB 742 - General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013
- BILL SUMMARY: The Appropriations Act for Fiscal Year 2013, effective July 1, 2012 is set by the Governor's revenue estimate of $19.2 billion in state funds and $38.7 in total funds. - Authored By: Rep. David Ralston of the 7th - House Committee: Appropriations - A motion to insist sends this bill back to the Senate for consideration.

MOTIONS TO AGREE
HB 110 - Mortgages and liens; vacant property registry; provisions
- BILL SUMMARY: The bill provides uniform standards for the local government requirement of owners to register vacant real property.
It provides a definition of vacant real property and would allow local governments to charge a fee of no more than $25 in each instance to register or remove a vacant property from the registry.
The registry would include: Vacant real property owner's name, street address, phone/fax number and email address; (If applicable) Vacant real property owner's agent's name, street address, phone/fax number and email address; Street address and tax parcel number; and Recording information of deed book and page numbers of the instrument conveying the property to the owner.
An owner of vacant property may request exemption of registration if certain requirements are met and may challenge a county's determination.

A county or municipal corporation's sole remedy for a property owner's failure to register would be to institute a civil action against the owner. If the owner resides outside of the state, he or she must provide an authorized agent who resides within the state to accept service or process as well as notice of fees due on behalf of him or her. - Authored By: Rep. Mike Jacobs of the 80th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 962 - Bibb County; board of commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Bibb County Board of Commissioners. - Authored By: Rep. Nikki T. Randall of the 138th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
HB 1171 - Macon-Bibb County; create and incorporate new political body corporate
- BILL SUMMARY: A Bill to provide a unified form of government for the City of Macon and Bibb County and to provide for its powers and duties. - Authored By: Rep. Nikki T. Randall of the 138th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
HB 1196 - Macon Water Authority Act; change description of electoral districts
- BILL SUMMARY: A Bill to reapportion the Macon Water Authority electoral districts. - Authored By: Rep. Nikki T. Randall of the 138th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
RULES CALENDAR
HB 1176 - 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions
- BILL SUMMARY: PART I; Appeal by the State Section 1-1
Amends appeals procedure by adding decisions that set aside or dismiss any indictment, accusation, or petition which alleges a child has committed a delinquent act to the list of exceptions that do not require a certificate of immediate review.
PART II; Drug and Mental Health Court Divisions, Diversion Programs, and the County Drug Abuse Treatment and Education Fund Section 2-1
Amends the Code relating to Drug Court Divisions by incorporating the policies developed by the Judicial Council of Georgia into the work plan. That work plan must include a risk and needs assessment in order to reduce recidivism. The work plan will be focused on moderate risk, and high risk offenders.
Moreover, the Council will be required to update their standards to incorporate research from the drug court field. Each drug court division will follow the policies and practices that are consistent with the standards published by the Council. Also, the Council will assist the drug court divisions in the implementation of the policies.
The Council will create and manage a certification and review process to ensure that drug court divisions are adhering to the proper standards. State appropriated funds for the drug court division will be tied to certification, unless good cause is shown to the Council. The Council will publish an annual report listing the certified drug court divisions. In addition, the Council will conduct a performance review every three years.
Section 2-2 Amends the Code relating to mental health court divisions of Georgia. The purpose is to standardize the policies,
practices, and certification processes with that of the Drug Court Division.
Section 2-3 Increases the fee to $1000 required from offenders who enter pretrial intervention programs. Fees may be altered
with a show of good cause to the prosecuting attorney.
Section 2-4 Increases the list of drug, traffic, and alcohol violations that the court is authorized to impose an additional 50%
penalty to the original fine. Also, directs moneys arising from fines and forfeited bonds from certain drug offenses to be placed in the County Drug Abuse Treatment, and Education Fund.

PART III; Crimes and Offenses Section 3-1
Breaks Burglary into three degrees. All degrees are felonies. The first degree includes dwelling houses with aggravating circumstances with a penalty of 5 to 30 years. The second degree includes dwelling houses without aggravating circumstances with a penalty of 1 to 20 years. The third degree includes other structures with a penalty of 1 to 8 years. An individual who has been convicted of burglary in any degree on two or more prior occasions will be punished as burglary in the first degree.
Section 3-2 Amends the code sections involving theft, by providing for different penalties depending on the value of the stolen
item. If the item's value exceeds $25k, the penalty is 2 to 20 years. If the item's value is below $25k and above $5k, the penalty is 1 to 10 years, or for a misdemeanor at the judge's discretion. If the penalty is below $5k and above $1.5k, the penalty is 1 to 5 years, or for a misdemeanor at the judge's discretion. In addition, if a defendant has two prior misdemeanor convictions for theft, the penalty is 1 to 5 years.
Section 3-3 The threshold for felony shoplifting is increased to $500, and the fine for a second offense of shoplifting is increased
to $500. Also, when property subject to theft is valued in the aggregate at more than $500 over a period of 180 days, it is a felony punishable by 1 to 10 years.
Section 3-4 Increases the felony threshold for counterfeit Universal Product Code theft to $500.
Section 3-5 Breaks forgery into 4 degrees. First degree forgery deals with writings other than checks, where a person with
intent to defraud actually uses the fictitious instrument. The penalty is a felony punishable from 1 to 15 years. Second degree forgery deals with writings, including checks, where a person with intent to defraud is only in possession of the fictitious instrument. The penalty is a felony punishable from 1 to 5 years. Third degree forgery deals with checks, where a person with the intent to defraud uses a fictitious check valued at $1500 or more. The penalty is a felony punishable from 1 to 5 years. Fourth degree forgery deals with checks, where a person with the intent to defraud uses a fictitious check valued under $1500. The penalty is a misdemeanor, where the 3rd and subsequent convictions are punished from 1 to 5 years.
Section 3-6 Alters the punishment for deposit account fraud. When the instrument(s) is less than $500 the fine is increased to
not more than $1000. If the instrument(s) is valued at between $500 and $999.99 the penalty is a high and aggravated misdemeanor. When the instrument(s) are more than $1000, the fine is increased to not more than $10,000.
Section 3-7A To become effective July 1, 2012. Punishment for possession of a controlled substance in Schedule I, or narcotic in
Schedule II, is reduced to 1 to 15 years including the removal of enhanced punishment for the 2nd or subsequent offenses. However, upon the 3rd or subsequent offense, imprisonment for double the length of incarceration applies. The penalties for the manufacture or the distribution of controlled substances in Schedule I or II is increased by applying the recidivism statute on the second offense. Punishment for possession of Schedule III, IV, or V is reduced to 1 to 3 years. Punishment for the possession of a counterfeit substance is reduced to 1 to 2 years. Punishment for the manufacture or distribution of a counterfeit substance is increased to 1 to 10 years. Punishment for possession of flunitrazepam is reduced to 1 to 15 years. Manufacture or distribution of flunitrazepam is increased by applying the recidivism statute on the 3rd offense.
Section 3-7B To become effective July 1, 2013. Possession of controlled substances in Schedule I and II is broken down into
weight categories with a graduated punishment up to the sentences outlined for possession controlled substances in Schedule I and II in 3-8A.
Section 3-7C To become effective July 1, 2014. Possession for flunitrazepam is broken down into weight categories with a
graduated punishment up to the sentences outlined for possession of flunitrazepam in 3-8A.
Section 3-8 Sentencing for trafficking in controlled substances is tied to the applicable mandatory minimum punishment.
PART IV; Criminal Procedure Section 4-1

Amends and clarifies the language in 17-3-1 applying to prosecution for certain offenses within a set timeframe.
Section 4-2 Removes the statue of limitations for certain sex crimes (rape, child molestation, incest, aggravated sodomy, cruelty
to children) involving a victim under the age of 16
Section 4-3 Gives the ability of the court to shorten the length of a defendant's active probation upon a motion by a probation
supervisor.
Section 4-4 Provides for an exception to the recidivism statute for drug possession violations.
PART V; Mandatory Reporting of Child abuse Section 5-1
Adds to the list of persons having a duty to report child abuse by including nurse's aids and reproductive health care facility personnel (including volunteers). Further, a member of the clergy must report child abuse when the source of the information is from anything other than a direct communication in confession from the perpetrator. PART VI; Creating Job Opportunities Section 6-1
The GCIC will not provide criminal history records to the public when the access has been duly restricted.
Section 6-2 The GCIC will make an individual's criminal history available upon request and not charge more than $15 for the
inspection of those records. The individual may request the entity in control of the records to correct mistakes. If the individual finds the entity's decision about the alleged mistakes to be in error, that individual can appeal to the court with the original jurisdiction of the charges. If the entity has previously disseminated incorrect records, the entity will disseminate a correction upon a written request by the individual.
Criminal history records will be restricted by the GCIC, prior to indictment when the case was never referred for further prosecution, if it was referred to the prosecuting attorney but later dismissed, or if the grand jury returns two no bills.
Criminal history records will be restricted by the GCIC, after indictment if: all the charges are dropped or nolle prossed; a guilty plea of possession of a controlled substance and successful completion of probation; the individual successfully completed a drug or mental health treatment program; or the individual was acquitted of all charges.
Criminal history records will not be restricted if the charges were nolle prossed or otherwise dismissed because: of a plea agreement; the prosecuting attorney was barred from introducing material evidence against the individual; the conduct was part of a pattern of criminal activity; or diplomatic immunity.
Criminal history records will not be restricted if: some but not all of the charges resulted in acquittal; or the acquittal resulted from jury or judicial misconduct.
Criminal history records will not be restricted if the individual was convicted of various: sexual offenses, theft offenses, child molestation, or serious traffic violations.
Criminal history records that are restricted will me made available only to criminal justice agencies for official criminal investigation purposes.
If the entity declines to restrict criminal history records, then the individual may file a civil action in the superior court where the entity is located.
If the court finds that the records should be restricted, then the clerk of court will cause documents in their possession to be restricted. Further, the clerk will create a separate index that is sealed to the public containing the criminal history record.
The GCIC is also authorized to develop procedures in order to adopt the changes with regard to criminal history record restrictions.
PART VII; Penal Institutions Section 7-1
Adds definitions to code section 42-1-1.
Section 7-2 Prohibits employees of penal institutions from giving out the names of attorneys to inmates, or to receive any
amount of money from attorneys with regard to inmates. The penalty is a misdemeanor. Section 7-3
Amends definitions to code section 42-2-1.
Section 7-4 Adds the duty to the Board of Corrections to adopt regulations where evidence based practices guide decisions
relating to preparing inmates for release. Moreover, the Board will prepare an annual report regarding that information.

Section 7-5 Allows for the notice of sentencing of convicted individuals to be transmitted electronically.
Section 7-6 Modifies definitions in code section 42-8-21.
Section 7-7 If graduated sanctions have been made a condition of probation, a "chief probation officer" may impose graduated
sanctions as an alternative to judicial modification or revocation of probation so long as the sanctions are approved by a chief probation officer. A probationer may appeal such sanctions in the sentencing court.
Section 7-8 Allows a probationer to be required to wear an electronic monitoring device as a condition of probation, for the
required completion of a substance abuse or mental health treatment program, and/or the ability of the probationer to agree to the imposition of graduated sanctions.
Section 7-9 Limits the amount of time that an individual, who is in violation of probation, spends in a probation detention center
to 180 days.
Section 7-10 Makes automatic that a probated sentence of more than two years be reviewed by the probation supervisor, rather
than require a chief judge make the request.
Section 7-11 Allows for a probation supervisor to impose graduated sanctions, so long as graduated sanctions have been made
a condition of probation by the court.
PART IX; Effective Date, Applicability, and Repealer Section 9-1
This Act shall become effective on July 1, 2012. Section 3-7B shall become effective on July 1, 2013. Section 3-7C shall become effective on July 1, 2014. Part VI and sections 8-1 and 8-4 shall become fully effective on July 1, 2013. - Authored By: Rep. Rich Golick of the 34th - House Committee: Special Joint Committee on Georgia Criminal Justice Reform - Rule: Open - Yeas: 164; Nays: 1
SB 227 - Education; declarations of intent/attendance records for home study programs; submitted to Dept. of Education rather than local school superintendents
- BILL SUMMARY: Senate Bill 227 requests that Georgia enter into an "Interstate Compact on Educational Opportunity for Military Children" with other states to remove barriers to educational success that are imposed on children of military families because of frequent moves and deployment of their parents. The goal of the interstate compact is to harmonize the widely varying policies that affect transitioning military students with a comprehensive multi-state approach that provides a consistent transition procedure in every school district and in every state that chooses to join. - Authored By: Sen. Barry Loudermilk of the 52nd - House Committee: Education - Rule: Modified-Open - Yeas: 137; Nays: 23
SB 351 - Municipal Courts; require same training for all judges of courts exercising municipal court jurisdiction
- BILL SUMMARY: SB 351 requires judges of all courts exercising municipal court jurisdiction to undergo and complete annual training. - Authored By: Rep. Jay Powell of the 171st - House Committee: Judiciary - Rule: Modified-Open - Yeas: 158; Nays: 0

SB 352 - Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment
- BILL SUMMARY: As it passed the Senate, SB 352 authorizes cities to employ prosecuting attorneys in municipal courts and courts exercising municipal court jurisdiction.
The House committee substitute adds some additional provisions regarding prosecuting attorneys in municipal courts. It establishes procedure for establishing an office of prosecuting attorney; requirements to be appointed a prosecuting attorney; duties, authority and compensation of the attorney; provisions for additional assistant prosecuting attorneys; and procedure in the event of a solicitor general's death.
In addition, the House substitute adds Section 5 which grants municipal courts jurisdiction over cases of persons charged with transactions in drug related objects if the offense occurred within the corporate limits of the municipality. - Authored By: Sen. John Crosby of the 13th - House Committee: Judiciary Non-Civil - Rule: Modified-Open - Yeas: 154; Nays: 0
SB 407 - Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee
- BILL SUMMARY: This bill dissolves the Health Strategies Council, The Clinical Laboratory, Blood Bank, and Tissue Bank Committee. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 156; Nays: 0
SB 412 - County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section
- BILL SUMMARY: Senate Bill 412 delays the effective date to January 1st 2015 for Code Section 20-2-52.1. This section is relating to counties that have a homestead option and sales and use tax collection, a county sales and use tax for educational purposes, and a county with a Board of Education with more than seven members will be elected from single member districts of approximately equal population. - Authored By: Sen. Fran Millar of the 40th - House Committee: Education - Rule: Modified-Structured - Yeas: 158; Nays: 0
SB 473 - License Plates; veterans awarded Purple Hearts; include persons still serving in the armed services
- BILL SUMMARY: SB 473 ammends provisions relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services. - Authored By: Sen. Ed Harbison of the 15th - House Committee: Motor Vehicles - Rule: Structured - Yeas: 154; Nays: 0
SB 489 - Georgia Trauma Care Network Commission; report annually; House/Senate Committees on Health and Human Services; outcomes
- BILL SUMMARY: Senate Bill 489 requires the Georgia Trauma Care Network Commission to report to the Health and Human Services Committees of the Georgia General Assembly on the state-wide trauma system development and impact of fund distribution on trauma patient care and outcomes. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Health & Human Services - Rule: Modified-Open - Yeas: 162; Nays: 0

LOCAL CALENDAR
HB 1275 - Chatham Area Transit Authority; board membership and staggered terms; provide
- BILL SUMMARY: A Bill to amend the Act which created the Chatham Area Transit Authority so as to provide for board membership and staggered terms, to provide for methods of transacting business, to provide for per diem allowances for board members, to provide for the election of a chairperson, and to provide for audits. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1281 - Satilla Regional Water and Sewer Authority; members to be elected for unlimited consecutive terms; allow
- BILL SUMMARY: A Bill to allow the members of the Satilla Regional Water and Sewer Authority to be elected for unlimited consecutive terms, to repeal provisions relating to expansion of services and addition of members, to reduce the number of days of nonpayment beyond which the authority may disconnect service, to raise the maximum fee for reconnection of service, and to exempt the authority from sales and use taxes. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1282 - Charlton County; board of commissioners; change provisions relating to number of meetings held
- BILL SUMMARY: A Bill to provide for the election of the chairman and vice chairman, to provide for the powers of the chairman, and to provide for meetings to be held by the Charlton County Board of Commissioners. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1283 - Charlton County; nonstaggered four-month vehicle registration period; repeal Act
- BILL SUMMARY: A Bill to repeal an Act providing for a non-staggered four-month vehicle registration period in Charlton County. - Authored By: Rep. Mark Hatfield of the 177th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1284 - Appling County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Appling County Board of Education. - Authored By: Rep. Tommy Smith of the 168th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1285 - Appling County; board of commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Appling County Board of Commissioners. - Authored By: Rep. Tommy Smith of the 168th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5

HB 1286 - Treutlen County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Treutlen County Board of Commissioners. - Authored By: Rep. Greg Morris of the 155th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1287 - Treutlen County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Treutlen County Board of Education. - Authored By: Rep. Greg Morris of the 155th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1291 - Sandy Springs, City of; executive and judicial officials; modify provisions
- BILL SUMMARY: A Bill to provide a new charter to the City of Sandy Springs. - Authored By: Rep. Joe Wilkinson of the 52nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1293 - Crisp County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Crisp County Board of Commissioners. - Authored By: Rep. Buddy Harden of the 147th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1294 - Williamson, City of; terms of office of mayor and members of city council; change
- BILL SUMMARY: A Bill to provide terms of office and elections for the mayor and councilmembers in the City of Williamson. - Authored By: Mr.. Billy Maddox of the 127th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1295 - Stephens County; board of education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Stephens County Board of Education. - Authored By: Rep. Michael Harden of the 28th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1296 - Toccoa, City of; levy an excise tax
- BILL SUMMARY: A Bill to authorize the City of Toccoa to levy a hotel/motel tax. - Authored By: Rep. Michael Harden of the 28th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5

HB 1297 - Jeff Davis County; nonbinding, advisory referendum by electors to ascertain if judge of Probate Court will also serve as chief magistrate judge; provide
- BILL SUMMARY: A Bill to provide an advisory referendum in Jeff Davis County to determine whether the judge of the Probate Court of Jeff Davis County shall also serve as chief magistrate judge of the Magistrate Court - Authored By: Rep. Chuck Sims of the 169th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1299 - DeKalb County; nonbinding, advisory referendum by electors to ascertain if schools should place or operate a telecommunication tower on school property; provide
- BILL SUMMARY: A Bill to provide for a nonbinding, advisory referendum in DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County, or charter school, should place or operate a telecommunications tower on any elementary, middle, or high school property. - Authored By: Rep. Karla Drenner of the 86th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
HB 1301 - Chatham County Magistrate Court; qualifications for magistrates; provide
- BILL SUMMARY: A Bill to provide qualifications for magistrate judges in the Magistrate Court of Chatham County. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
SB 518 - DeKalb County; change the description of commissioner districts
- BILL SUMMARY: A Bill to reapportion the DeKalb County Board of Commissioners. - Authored By: Sen. Emanuel Jones of the 10th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 150; Nays: 5
* The House will reconvene Monday, March 26, at 10:00 AM, for its 38th Legislative Day.
______________________________________________________________________________________________________________

COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 38th Legislative Day, Monday, March 26, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
SB 143 - Massage Therapy Practice; provide that an applicant for a license by endorsement shall provide certain information
- BILL SUMMARY: SB 143 amends Title 43 of the Official Code of Georgia Annotated, as it relates to the massage therapy profession. Section 1 Code Section 43-24A-8 relating to licensure of massage therapists, applications, and requirements is amended by removing obsolete language and including a requirement that the applicant has satisfactory results from a fingerprint records check report and criminal background check. The applicant shall be responsible for all fees related to these reports. Section 2 Code Section 43-24A-13 relating to license by endorsement is amended to include a requirement that the applicant has satisfactory results from a fingerprint records check report and criminal background check. The applicant shall be responsible for all fees related to these reports. 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: Sen. Steve Henson of the 41st - House Committee: Regulated Industries - House Committee Passed: 3/14/2012 - Rule: Modified-Open
SB 225 - Criminal Offenses; provide for new offense of transmitting a false report; penalties
- BILL SUMMARY: SB 225 makes it illegal to report a false claim by news or social media, electronic distribution or any other indirect method of communication. - Authored By: Sen. Butch Miller of the 49th - House Committee: Judiciary Non-Civil - House Committee Passed: 3/14/2012 - Rule: Modified-Structured
SB 289 - Education; require students; one course containing online learning
- BILL SUMMARY: Senate Bill 289 states that the Board of Education shall establish rules and regulations to maximize the number of students, starting ninth grade in the 2014-2015 school year, to take one online learning course before graduation. This will be offered by the Georgia Virtual School. By the 2015-2016 school year, all end-of-course assessments shall be available online and the State Board shall establish rules and regulations to maximize the students utilizing the online assessments. Each local school system will have to pay costs for tuition, materials, and fees directly related to the course. However, no amount of tuition shall exceed $250.00 per student per year will be charged to the local school system. There will be an enrollment period for full-time students (3rd through 12th grade) of at least 90 days and not ending earlier than 30 days prior to the first day of school. One of all of the following mechanisms must be applied by the local school system to provide virtual instruction for students: o Facilitate enrollment in the Georgia Virtual School. o Enter into a contract with an approved provider. o Allow a local school system to enter into an agreement another local school system(s) to allow participation of its students in an approved virtual program. The department will give a list of approved providers to offer virtual instruction programs. Approved is described as: o Prior successful experience in offering online courses. o Assures instructional and curricular quality through a detailed curriculum and student performance plan that address every subject and grade level through:
Courses and programs that meet the nationally recognized standards for K-12 online learning. Instructional content and services that align with student attainment or proficiency in the state approved curriculum Mechanisms that determine students satisfy requirements for grade level promotion and high school graduation.

o An approved provider shall retain its approved status for five years. The Department of Education must submit a report by December 1, 2012. It will identify and explain the best method to enable the department to assist local broads in: acquiring digital learning at a reasonable price; determining the level of student support, teacher-student communication; and ways to increase student access to digital learning. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Education - House Committee Passed: 3/14/2012 - Rule: Modified-Structured
SB 319 - State Parks; use of boats; revise certain provisions
- BILL SUMMARY: Senate Bill 319
This bill amends Code Section 12-3-10 of the Official Code of Georgia Annotated.
Section 1 Subsections (e), (g), (h), and (i) will be revised.
(e) It shall be unlawful for any person to have or use a boat on the waters of any park, historic site, or recreational area if in violation of any prohibition or restriction posted within the area by the department. The positing of signs at the entrances of such places shall constitute sufficient notice for the park, historic area or recreational area. (g) Subsection removed (h) Subsection removed (i) It shall be unlawful for any person to wade fish outside of the hours of 7:00am and 10:00pm, unless otherwise prohibited. It shall also be unlawful to fish in waters of any park, historic site, or recreational area which have been closed and posted by the department.
Section 2 All laws and parts of laws in conflict with this Act are repealed - Authored By: Sen. Rick Jeffares of the 17th - House Committee: Game, Fish, & Parks - House Committee Passed: 3/13/2012 - Rule: Modified-Structured
SB 324 - Veterinary Medicine; clarify a certain definition
- BILL SUMMARY: The substitute amends Code Section 43-50-44 of the O.C.G.A. so as to clarify a certain definition relative to theexemptions from licensing and registration for veterinary medicine or veterinary technology so as to provide an additional exemption.
Code Section 43-50-44, has new paragraph which reads as follows: "(21) Any person lawfully engaged in the art or profession of farriery."
All laws and parts of laws in conflict are repealed. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 3/14/2012 - Rule: Modified-Open
SB 337 - Insurance; limitations on licensure requirements for certain health care providers
- BILL SUMMARY: The House Insurance Committee Substitute to SB 337 provides for insurers to offer wellness endorsements or riders under certain circumstances. - Authored By: Sen. Greg Goggans of the 7th - House Committee: Insurance - House Committee Passed: 3/21/2012 - Rule: Modified-Structured
SB 356 - Superior Courts; provide additional judge of the Bell-Forsyth Judicial Circuit; initial appointment; election and term of office
- BILL SUMMARY: In August 2011, the Judicial Council approved six (6) new superior court judgeships. State appropriations have been set aside for two new judgeships, so the House committee substitute to SB 356 provides for the appointment of two new judgeships in the order of priority suggested by the Judicial Council. SB 356 creates one new judgeship in the Bell-Forsyth circuit and one in the Piedmont circuit.

The House committee substitute removes the section of the bill which provided procedure for the selection and duties of chief judge in a circuit as well as state court. For the Gwinnett Judicial Circuit, it adds provisions for the selection of a chief judge and grants authority to promulgate rules of court procedure upon and after qualification of an additional judge to the circuit. - Authored By: Sen. Jack Murphy of the 27th - House Committee: Judiciary - House Committee Passed: 3/20/2012 - Rule: Modified-Structured
SB 357 - Agriculture; repeal the "Georgia Treated Timber Products Act of 1973"
- BILL SUMMARY: The legislation repeals the "Georgia Treated Timber Products Act of 1973." - Authored By: . John Wilkinson of the 50th - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 3/14/2012 - Rule: Modified-Open
SB 365 - Property; collected funds; change prov.; residential real property; provide form Acknowledgment and Waiver of Borrower's Rights
- BILL SUMMARY: SB 365 redefines a settlement agent to be a lender or an active member of the State Bar of Georgia. The bill provides a penalty for anyone or any entity which conducts the settlement and disbursement of loan funds, when he, she, or it is not the settlement agent. However, the House committee substitute adds a provision for real estate brokers and salespersons to protect their common practice of handling earnest money checks.
As it passed the Senate, SB 365 provided that in real estate transactions, the preparation, execution and supervision of recording of deeds of conveyance; the supervision of real estate closings; and the collection and disbursement of funds necessary for real estate transactions must all be performed by a duly licensed attorney. However, the House committee substitute removes this provision. - Authored By: Sen. Bill Hamrick of the 30th - House Committee: Judiciary - House Committee Passed: 3/20/2012 - Rule: Modified-Open
SB 367 - Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond
- BILL SUMMARY: The legislation amends Code Section 2-2-9.1 of the O.C.G.A. and provides for the person incurring civil penalties to obtain a surety bond.
The new language states that, "The Commissioner may require any person to obtain a surety bond on the balance of a monetary penalty or suspended portion of a monetary penalty imposed on such person pursuant to a consent order or final decision from which no further review is taken or allowed. If any aggrieved or adversely affected party fails to follow the terms of such consent order or final decision, the Commissioner may commence and maintain an action against the principal and surety on the bond." All laws and parts of laws in conflict with this Act are repealed. - Authored By: Sen. John Bulloch of the 11th - House Committee: Agriculture & Consumer Affairs - House Committee Passed: 3/14/2012 - Rule: Modified-Open
SB 368 - Nurses; provide for continuing competency requirements; renewal of licenses
- BILL SUMMARY: Section 1: Senate Bill 368 requires one of the following continuing competency requirements to be completed for nursing license renewals beginning in 2015. Completion of 30 continuing education hours. Maintenance of certification by a national certifying body recognized by the board. Verification of competency and at least 500 hours practiced. Other activities as prescribed and approved by the board. The board may waive or modify the continuing competency requirement in cases of hardship, disability, illness, or as the board sees appropriate.
Section 2: a) A nurse may elect to place his or her license on an inactive status. This would allow the nurse to be excused from payment of renewal fees. b) A nurse with an inactive license may restore their active status though application and payment with the board. The

board will require evidence of competency to resume practicing and restore the active status. c) A nurse with an inactive status shall not practice nursing as a registered nurse or advanced practice registered nurse in Georgia. d) The board will be required to give a courtesy notice to an inactive licensee within 180 days of being inactive for five years. After five years, current law mandates that the nurse complete a "refresher course" before resuming practice.
Section 3: A nurse who has reasonable cause to believe that another nurse has violated any of the following will be required to report to the board. Any employer of nurses who has terminated or accepted a resignation in avoidance of termination for the violation of any of the following will report to the board. Any state agency that licenses, registers, or certifies a health care facility will report to the board if they have evidence that a nurse has violated any of the following. If a nurse enters a voluntary alternative to discipline program approved by the board, reporting will not be required under this Code section.
1. Practicing without a valid, current licensed. 2. Practicing under cover of any fraudulent diploma or license. 3. Practicing during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew. 4. Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a licensed nurse. 5. Fraudulently furnishing a license to practice nursing. 6. Knowing, aiding, or abetting any person to violate this chapter. 7. Being convicted of a felony, crime involving moral turpitude, or crime violating a federal or state law relating to controlled substances or dangerous drugs. 8. Displaying an inability to practice nursing with reasonable skill and safety due to the use of alcohol, drugs, narcotics, or chemicals.
This bill gives immunity to anyone required to report a nurse under this article, but acted in good faith when they reported or failed to report to the board. Additionally, physicians or other licensed health care professionals who examine a nurse at the request of the board will be immune from suit for damages by the nurse if they acted in good faith. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Health & Human Services - House Committee Passed: 3/19/2012 - Rule: Structured
SB 371 - Aviation; provide for local governments' ability to accept community improvement district funds
- BILL SUMMARY: SB 371 would authorize local governments to enter into cooperative agreements with Community Improvement Districts (CIDs) to utilize CID funds to assist with airport improvements. - Authored By: Sen. Lindsey Tippins of the 37th - House Committee: Governmental Affairs - House Committee Passed: 3/13/2012 - Rule: Modified-Open
SB 383 - 'Georgia International Commercial Arbitration Code'; repeal Part 2, relating to international arbitration
- BILL SUMMARY: SB 383 updates and modernizes Georgia's international commercial arbitration Code primarily by separating the international code from the domestic process. - Authored By: Sen. Bill Hamrick of the 30th - House Committee: Judiciary - House Committee Passed: 3/15/2012 - Rule: Modified-Open

SB 385 - Insurance Commissioner; provide for confidentiality of certain records; exceptions; premium taxes and rate; manner of collection
- BILL SUMMARY: SB 385 is a bill for the Department of Insurance. It provides for the confidentiality of certain records of the Commissioner of Insurance to extend to state, federal, or international regulatory law enforcement. It provides for certain premium taxes and the rate and manner of collection to include state participation in certain agreements with other states. It revises certain provisions regarding reinsurance and reinsurance credits applicable to an assuming insurer licensed in its state of domicile or of certain alien assuming insurers. - Authored By: Sen. David Shafer of the 48th - House Committee: Insurance - House Committee Passed: 3/14/2012 - Rule: Modified-Structured
SB 396 - Herty Advanced Materials Development Center; change prov.; rename and transfer governance to Board of Regents
- BILL SUMMARY: SB 396 renames the Herty Advanced Materials Development Center as the Georgia Southern Hery Advanced Materials Development Center and transfers governance of the center to the Board of Regents. - Authored By: Sen. Ronnie Chance of the 16th - House Committee: Governmental Affairs - House Committee Passed: 3/13/2012 - Rule: Modified-Structured
SB 446 - Fire Protection and Safety; buildings; transfer certain functions; Dept. of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner
- BILL SUMMARY: SB 446 transfers oversight and inspection functions relating to elevators, dumbwaiters, escalators, man-lifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner. It removes bond requirements for Chief Boiler, Pressure Vessel Inspector and Deputy Inspectors employed by the state. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Governmental Affairs - House Committee Passed: 3/13/2012 - Rule: Modified-Open
SB 464 - Fish and Fishing; limit the number of commercial crabbing licenses issued
- BILL SUMMARY: Senate Bill 464 Section 1
New language states that a one day license for salt-water shore fishing will cost $5.00. (This is added due to the merge with SB 307)
Subsection (e)(1) of code section 27-4-150 is revised to state that only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose of commercial crabbing activities as provided for in subsections (b) and (c) of this Code section, except as provided in Code Section 27-4-133. Subsection (e)(2) is revised to state that on and after May 1, 2013, the total number of new commercial crabbing licenses issued shall not exceed 100. Those issued prior to this specified date will remain active until the license is not renewed. Any license not renewed by May 1 of any license year shall revert to the department for reissue by lottery devised and operated by the department. Subsection (e)(3) is revised to state that commercial crabbing licenses may be sold for consideration to any person not holding a current commercial crabbing license unless otherwise prohibited by law or regulation. The transferee of a license so transferred shall engage in commercial crabbing as evidenced by his or her commercial crab harvest records within two years after such transfer or the license shall revert to the department of reissue as provided in paragraph (2) of this subsection. Anyone receiving such a commercial crabbing license transfer shall register such transfer with the department and pay the license fee to the department, if required, within 30 days following the date of the transfer.
Section 2 Subsection (d)(2) of Code Section 27-4-151 is revised to specify the penalties for any person convicted of violating the provisions of the subsection. The penalties in order of offense are specified as follows: 1. License suspended for three months. License renewal will only be allowed after this period has been observed. 2. License suspended for six months. License renewal will only be allowed after this period has been observed. 3. License shall be permanently revoked and the person shall be prohibited from purchasing a license in the future. Subsection (g)(3) is revised to specify that, upon a second of subsequent such offense, the person's license shall be

revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before possessed a license; provided, however that such individual shall not be eligible to receive a license through transfer pursuant to paragraph (3) or (4) of subsection (e) of Code Section 27-4-150. - Authored By: Sen. William Ligon, Jr. of the 3rd - House Committee: Game, Fish, & Parks - House Committee Passed: 3/13/2012 - Rule: Modified-Open
* The Rules Committee will next meet on Monday, March 26, at 9:00 AM, to set the Rules Calendar for the 39th Legislative Day.
______________________________________________________________________________________________________________
COMMITTEE ACTION REPORT
Banks & Banking
SB 448 - 'Small Business Borrower Protection Act'; enact; provide recovery limits for debt obligations by successor creditors
- BILL SUMMARY: Senate Bill 448 is known as the Small Business Borrower Protection Act. The legislation amends debtor and creditor relations by limiting the recovery against any guarantor on any debt obligation to the lesser of the actual amount paid for the debt obligation plus interest; or the maximum amount permitted to be collected under the guaranty. This will only apply to debt obligations or judgments acquired directly from a federal bank regulatory agency from an institution that does not have federally insured deposits.
The following terms are defined in this legislation:
Affiliate a majority owned subsidiary or entity having common majority ownership
Guarantor any person who agrees to pay, in whole or in part, the original debt obligation of another person
Guaranty any guaranty, indemnification, agreement to make whole, or any other arrangement under which a person shall agree to pay, in whole or in part, the original debt obligation of another person.
Original Creditor any person who first extends credit to a debtor or person
Person any natural person, corporation, limited liability company, or any form of partnership, or combination thereof, and the heirs, executors, administrators, successors, and assigns of such person
Successor Creditor any person, other than an institution whose deposits are federally insured or its affiliates, who did not enter into the original debt obligation with the debtor and has by assignment, sale, transfer, or other means acquired the original debt obligation from a federal bank regulatory agency. - Authored By: Sen. Don Balfour of the 9th - Committee Action: Do Pass by Committee Substitute
Education
SB 34 - Education; authorize public school students in charter schools/virtual schools to participate in extracurricular activities at resident schools
- BILL SUMMARY: Senate Bill 34 is enacting the "Rachel Sackett Act" under the "Quality Basic Education Act". This will authorize public school and public charter school students to participate in extracurricular activities (that are not offered at their current school) at other public schools in their attendance zone. - Authored By: Sen. Chip Rogers of the 21st - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HR 1672 - United States Congress; expand eligibility and reduce over regulation of H-2A guest worker program; urge
- BILL SUMMARY: HR 1672 is a resolution urging Congress to pass agricultural guest worker reform legislation that expands agribusiness access and addresses the reliability, cost effectiveness, and availability of the H-2A guest worker program. - Authored By: Rep. Darlene Taylor of the 173rd - Committee Action: Failed

Judiciary Non-Civil
SB 493 - Firearms; authorize persons between the ages of 18 and 21 to carry firearms under certain circumstances
- BILL SUMMARY: SB 493 allows individuals between the ages of 18-21 to apply for a Georgia firearm license if they obtain the requisite qualification training within three (3) months of his or her application. - Authored By: Sen. Barry Loudermilk of the 52nd - Committee Action: Do Pass by Committee Substitute
Public Safety & Homeland Security
SB 98 - Firearms; provide exemption from application of certain laws for persons possessing valid weapons carry licenses; exceptions
- BILL SUMMARY: SB 98 relates to the lawful concealed carry of weapons in Georgia. Section one brings knives under weapons covered by the concealed carry permit. This section also allows permit holders to carry on Capitol grounds. Section two allows permit holders to carry in bars and government buildings but expressly prohibits the ability to carry in a courthouse. Additionally, private property holders are permitted to prohibit weapons in their establishment. Section three removes the fingerprinting requirement on license renewals while leaving subsequent background checks in place. Section four states that the Georgia General Assembly is the sole authority for regulation of weapons possession. Section five states that weapons confiscated or forfeited to law enforcement may be sold to federally licensed weapons dealers or manufacturers after all attempts to return any stolen weapons to the rightful owner have been made. - Authored By: Sen. Barry Loudermilk of the 52nd - Committee Action: Do Pass by Committee Substitute
Ways & Means
SB 284 - Georgia Land Bank Act; governing creation/operation of land banks; provisions
- BILL SUMMARY: The current statues have not been changed or updated since 1991. The LBA model has been very successful and needs to be strengthened, especially with the large amount of vacant and abandoned property as a result of the real estate downturn.
SB 284 allows counties to work together to establish regional land banks. This will be particularly helpful in rural Georgia in which single counties and cities don't have the staff or resources available to establish a LBA.
SB 284 establishes a self financing mechanism for LBAs so that they will have less reliance on funding from local governments. The bill gives local governments an option to allow LBAs to receive up to 75% of city and county property taxes (not school taxes) for 5 years on a redevelopment project in which the LBA has conveyed property to a developer. On most properties, the local government was previously not receiving any property tax payments prior to the redevelopment. SB 284 also changes the law to provide for an odd number of board members, instead of even as in the current law. - Authored By: Sen. Tim Golden of the 8th - Committee Action: Do Pass by Committee Substitute
Ways & Means
SB 332 - County Sales/Use Tax; expand the matters included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds
- 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. As well as requires local officials to disclose excess funds collected through the SPLOST process, on an annual process. - Authored By: Sen. William Ligon, Jr. of the 3rd - 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.
______________________________________________________________________________________________________________