Daily report [Mar. 28, 2012]

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

TOMORROW'S FORECAST
* The House will reconvene for its 40th Legislative Day on Thursday, March 29, at 9:30 AM.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Wednesday, March 28, 2012 Day
TODAY ON THE FLOOR

39th Legislative

MOTIONS TO AGREE
HB 879 - Elementary and secondary education; care of students with diabetes in school; provide
- BILL SUMMARY: House Bill 879 requires the Department of Education and the Georgia Association of School Nurses to develop guidelines for training school employees in the care of students with diabetes. The local board of education will be required to train at least two school employees at each school with a diabetic student, and train all bus drivers responsible for a diabetic student in the recognition of diabetic emergencies. The parents of each student with diabetics will submit a diabetes medical management plan. Upon written request, the student will be allowed to perform the activities to regulate their condition in any area of the school grounds, and to possess all the necessary supplies and equipment to perform this monitoring. - Authored By: Rep. Matt Ramsey of the 72nd - House Committee: Health & Human Services - A motion to agree represents final passage of this bill.
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. Self-acquiring activities the act of a merchant, for itself or through an affiliated entity, engaging in merchant acquiring or settlement activities on its own behalf for payments it, or its affiliated entity, receives for goods and services it, or its

affiliated entity, provides to consumers. 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 A corporation that performs merchant acquiring or settlement activities in this state may elect to obtain a charter from the department and will be subject to the provisions of this chapter and any rules and regulations adopted by the department for regulation purposes. The department will not have the authority to regulate a corporation performing merchant acquiring activities or settlement activities that has not been chartered.
7-9-4 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.
7-9-5 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.
7-9-6 An application to the department to charter or to own or control a merchant acquirer limited purpose bank shall include: Any information desired by the department in order to evaluate the proposed institution which shall be made available in the form specified by the department; A 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 Applicable fees established by the regulation of the department to defray the expense of the investigation required by Code Section 7-9-7. A board of directors, consisting of at least 3 directors a majority of whom are Georgia residents, will be responsible for the administration of business and affairs of the bank.
7-9-7 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: The articles of incorporation satisfy the requirements; The 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 The 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. 7-9-8 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.
7-9-9 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: Capital stock satisfies the requirements of Code Section 7-9-11; Bylaws have been filed with the department; A registered agent and registered office has been designated in conformity with Code Section 7-1-132; The bank is ready to begin the business for which it was incorporated; All conditions imposed by the department to begin business have been satisfied; and The 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.
7-9-10 Charter applicants which transact business before it capital stock has been paid in full shall be jointly and severally 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.
7-9-11 Capital stock and paid-in surplus as required by the policies of the department must remain at no less than $3 million at all times 7-9-12 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. 7-9-13 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: Impose a penalty of up to $10,000 per day, each day the order is violated; and Require 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 - A motion to agree represents final passage of this bill.
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 - House Committee: Ways & Means - A motion to agree represents final passage of this bill.

MOTIONS TO DISAGREE
HB 811 - Budgetary and financial affairs; automatic fee adjustment in certain cases; provide
- BILL SUMMARY: HB 811 provides for automatic fee adjustments of 20% in cases where funds are not appropriated for the specified purposes as stated when the fee was created. - Authored By: Rep. Jay Powell of the 171st - House Committee: Governmental Affairs - A motion to disagree sends this bill back to the Senate for consideration.
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 - A motion to disagree sends this bill back to the Senate for consideration.
RULES CALENDAR
SB 37 - State Properties Commission; multiyear lease agreements; provide for termination of certain rental/lease agreements
- BILL SUMMARY: This Bill allows that State Properties Commission to enter into multi-year leases not to exceed ten years, or in the case of sale and leaseback, not to exceed twenty years. It directs the GA Financing and Investment Commission to establish policies regarding multi-year leases, and sets guidelines for how these leases should be handled in the State Budget. It also authorizes the commission to contract with a licensed real estate broker for transaction management.
It also requires the commission to provide an annual report to the Governor, President of the Senate, Speaker of the House, chairpersons of the Senate and House Appropriations Committees, and chairpersons of the Senate and House State Institutions and Property Committees. The report shall provide the total sum of all leasing obligations to be paid by the state for the upcoming fiscal year, all revenues collected from the previous fiscal year, including revenues collected from broker fees, and provide an itemized budget allocation for the upcoming fiscal year. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: State Institutions & Property - Rule: Modified-Structured - Yeas: 162; Nays: 3
SB 50 - Courts; add certain fees for funding of local victim assistance programs
- BILL SUMMARY: The bill amends the priority list for distribution of fines and fees collected by clerks of superior court for use if the full amount is not collected and adds the Georgia Crime Victims Emergency Fund, victim's services, and the Brain and Spinal Injury Trust fund to the priority list.
The committee substitute adds a new Section 1 which amends the Code section regarding alternative locations for courthouses. It removes the provision requiring the consent of an accused in order to hold a criminal jury trial in an alternate location. - Authored By: Sen. Bill Hamrick of the 30th - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 153; Nays: 3
SB 92 - Elections; provide limitations on when in-person absentee balloting may be conducted; advance voting
- BILL SUMMARY: The House Governmental Affairs Committee Substitute to SB 92 is the annual "clean up" bill for the Elections Division of the Secretary of State's Office.
It also provides that in any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a partisan or nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays.

It provides that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections. - Authored By: Sen. Joshua McKoon of the 29th - House Committee: Governmental Affairs - Rule: Open - Yeas: 113; Nays: 39
SB 113 - Local government; municipal corporations; contracts; does not change/conflict with any existing authority
- BILL SUMMARY: The House Governemntal Affairs Substitute to SB 113 clarifies the ability of cities to enter into energy performance savings contracts and the provisions to which they shall adhere when exercising the authority to execute said contracts. In addition, the bill also opens the list of qualified energy services providers maintained by GEFA to allow additions of providers at any point to prequalify. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Governmental Affairs - Rule: Modified-Structured - Yeas: 166; Nays: 0
SB 136 - Property; provide for transfer of control of a condominium association in certain circumstances
- BILL SUMMARY: SB 136 allows the right to control a condominium association to pass to the unit owners prior to the usual expiration of the declarant's right to control the association if the declarant fails to satisfy any of the following: 1) Incorporate the association; 2) Appoint the board of directors and arrange for election of officers; 3) Maintain a list of the board members' name and addresses; 4) Call meetings according to the association's bylaws (at least annually); or 5) Prepare an annual operating budget and provide to owners with the annual assessment.
Any owner may send notice of a declarant's failure to comply. If the declarant fails to cure within 30 days, the owner may file a petition in superior court for an order granting the owners control of the association. - Authored By: Sen. Bill Hamrick of the 30th - House Committee: Judiciary - Rule: Modified-Open - Yeas: 162; Nays: 0
SB 153 - Education; professional development plans for personnel who have deficiencies; provide certain requirements and rights
- BILL SUMMARY: Senate Bill 153 states that if an employee is terminated or suspended due to the loss of students or program cancellation, the administration will specifically state in writing, that their termination/suspension is no fault of their own. If any school personnel are furloughed, the furlough day will take place on a Monday or Friday or in conjunctions with a holiday. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Education - Rule: Modified-Structured - Yeas: 166; Nays: 0
SB 234 - Georgia Public Revenue Code; extensively revise provisions; ad valorem tax assessments and appeals from such assessments
- BILL SUMMARY: This bill revises the "Georgia Public Revenue Code" regarding provisions relating to advalorem tax assessments and appeals from such assessments. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Judiciary - Rule: Structured - Yeas: 162; Nays: 0
SB 246 - Retirement; provide an increase in the employee contribution; retirement benefit; conditions
- BILL SUMMARY: SB 246 is a fiscal retirement bill relating to the Public School Employees Retirement System (PSERS). It would raise the employee contribution for those that become members on or after July 1, 2012 from $4.00 per month to $10.00 per month. Additionally, it would increase the maximum monthly retirement benefit for those that retire on or after July 1, 2012 from $15.00 per month to $16.50 per month for each year of creditable service. Finally, this bill would increase the minimum monthly retirement benefit from $12.00 per month to $14.75 per month, which is the amount that is currently paid by the system.

- Authored By: Sen. Jack Hill of the 4th - House Committee: Retirement - Rule: Modified-Open - Yeas: 168; Nays: 0
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.
This bill 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.
It 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. It 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 - House Committee: Ways & Means - Rule: Structured - Yeas: 161; Nays: 0
SB 286 - Retirement; tax commissioner or an employee of any such officer; membership; Employees' Retirement System of Georgia
- 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 legislation also provides for a method of calculating accrued benefits for public employees who transfer between the Employees' Retirement System and the Teachers' Retirement System. This would impact anyone who transferred between systems from January 1, 2009 through June 30, 2012.
This is a fiscal retirement bill. - Authored By: Sen. Bill Heath of the 31st - House Committee: Retirement - Rule: Modified-Open - Amendments(s): AM 21 3836 - Yeas: 165; Nays: 0
SB 293 - License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal (PF)
- BILL SUMMARY: SB 293 deletes provisions requiring license plates to display a county decal. It requires the nation's motto, "In God We Trust," to be available on a decal for use on license plates. - Authored By: Sen. Bill Heath of the 31st - House Committee: Motor Vehicles - Rule: Modified-Open - Amendments(s): N/A - Yeas: 157; Nays: 6
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 - House Committee: Ways & Means - Rule: Structured - Yeas: 164; Nays: 0

SB 333 - Property; notices of sales made on foreclosure under power of sale shall be provided to all debtors
- BILL SUMMARY: SB 333 provides for notice of foreclosure sales to be given to borrowers of nonresidential real property. The House floor amendment adds an effective date. - Authored By: Sen. Jesse Stone of the 23rd - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): AM 29 2075 - Yeas: 164; Nays: 1
SB 362 - Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions
- BILL SUMMARY: This bill includes provisions for the sale and removal of "deadhead logs." Such logs are defined as those which were commerically harvested from forests in Georgia during the 19th or 20th centuries, that sank or were sunk in navigable portions of the Altamaha, Flint, Ocmulgee or Oconee Rivers (other than any portions of those streams which form Georgia's border with another state), either while in the process of being floated to mill or market or intentionally for storage. The Department of Natural Resources (DNR) may contract with anyone for the investigation or survey of deadhead logs on a competitive bid basis to the highest responsible bidders. No merchantable qunatity of deadhead logs may be withheld from marketing as a deadhead logs sales area to the bidding public unless DNR determines that the public interest (such as protection of water quality or wildlife habitat) cannot be adequately protected by the bidder if a recovery and removal operation is allowed. The purchaser of such logs is repsonsible for their recovery and removal. Deadhead logs may not be removed under these provisions until the amount due to the state for payment of such logs has been received, and the state retains title to deadhead logs unless and until those logs are removed in a timely manner in accordance with terms of the sales agreement. Proceeds received by DNR from these sales may be retained by that agency for administration of the deadhead logs or fisheries management programs, though any funds not expended for such purposes in the fiscal year when they are generated are to be deposited into the general fund of the state treasury. - Authored By: Sen. Tommie Williams of the 19th - House Committee: Natural Resources & Environment - Rule: Structured - Yeas: 67; Nays: 93
SB 380 - Pharmacist and Pharmacies; change definition of security paper; State Board of Pharmacy; revisions
- BILL SUMMARY: SB 380
Section 1 Senate Bill 380 amends the definition of security paper to include Medicare and Medicaid requirements for a tamperresistant prescription.
Section 2 (A)The board may only deny registration to a nonresident pharmacy or device distributer for good cause related to substantial evidence of misfeasance or malfeasance by an applicant.
These firms will be required to disclose the following information to the board: 1.) Proof of a valid, unexpired license, permit, or registration to operate a pharmacy and device distributer in compliance with the laws and rules of the state in which the facility is located. 2.) The location, names, and titles of all principal corporate officers and the pharmacist who serves as the pharmacist in charge for dispensing all drugs. 3.) Change of registered location and the state and federal registrations for the new location. 4.) Proof that it complies with all lawful directions and requests for information from the regulatory or licensing agency of all states in which it is licensed as well as with all requests for information made by the board. 5.) The location of records for all prescription drug or medical device orders in this state. 6.) A toll-free telephone service to facilitate communication between patients in this state and a pharmacist at the pharmacy or person at the medical device distributer who has access to the patient's records.
(B)Requires the applications for this type of permit to be made on a written or electronic form made available by the board. (C)Allows the board to set the registration and renewal fees. (D)Allows the board to deny, revoke, or suspend registration of, or fine or reprimand a nonresident pharmacy or medical device distributer for failure to comply with rules or law. (E)Allows the board to deny, revoke, or suspend registration of, or fine or reprimand a nonresident pharmacy or medical

device distributer for conduct which causes serious bodily injury or serious psychological injury to a resident of this state. (F)Makes it unlawful for these firms to advertise their services if the firm remains unregistered after the effective date set by the board. (G)Requires that the pharmacist in charge of the nonresident pharmacy to be licensed in his or her state of location. (H)Requires the amendment of Code Section 26-4-60 which would enable a person or pharmacy regulated by the board to regularly employ mailing to sell, distribute, or deliver a prescription drug.
Section 3 Allows the Georgia Drugs and Narcotics Agency to accept donations, contributions, grants, or bequests of funds or property for the Prescription Drug Monitoring program. These funds will be reviewed by the Appropriations Committee of the House and Senate.
Section 4 Defines a "valid prescription drug order" as a prescription drug order issued by a physician, dentist, podiatrist, veterinarian, or other person licensed, registered, or otherwise authorized under the law to prescribe dangerous drugs and controlled substances.
Section 5 Strikes the requirements of board approval of security paper before marketing or sale in Georgia. Also strikes the requirement to affix a seal.
Section 6 Defines "dispenser" as any pharmacy or facility which is located outside this state and ships, mails, or delivers a dispensed dangerous drug or controlled substance into this state. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 149; Nays: 14
SB 382 - Public Service Commission; change description of the election districts; manner of election and term of office
- BILL SUMMARY: This legislation redraws the five districts for the Public Sevice Commission as according to the 2010 Census. - Authored By: Sen. David Shafer of the 48th - House Committee: Legislative & Congressional Reapportionment - Rule: Structured - Amendments(s): N/A - Yeas: 145; Nays: 4
SB 403 - Education; school health nurse programs; revise provisions
- BILL SUMMARY: Senate Bill 403 moves to include school nurses in state formula based on full-time student counts. SECTION 1: Funding will be based on a 1:750 ratio for elementary school and 1:1,500 ratio at the middle and high
school. It will also be determined by a ratio of one registered nurse to five licensed practical nurses and based on a contract length of 180 days. School Systems that fail to meet the minimum full-time student requirement will receive a base amount of funding.
SECTION 2: The State Board of Education will give funds to local schools to purchase supplies for a school nurse program.
SECTION 3: Establishes a school health nurse program coordinator from within the Department of Education. This person is responsible for: Establishing and implementing school health nurse programs. Including development of guidelines for utilizing volunteers and retirees to supplement the program. Assisting in standardizing the reporting of any health information from the local system. Assisting in obtaining any additional funds/support from federal and other sources for nursing programs. (i.e. Medicaid funds, local hospital partnerships). - Authored By: Sen. Fran Millar of the 40th - House Committee: Education - Rule: Modified-Structured - Yeas: 152; Nays: 12

SB 404 - Education; provide for development of category -level expenditure controls for staff development funds
- BILL SUMMARY: Senate Bill 404 provides for the development of category-level expenditure controls for staff development and includes administrators in professional development funding.
The State Board of Education, with consultation with the Professional Standards Commission, shall establish categorylevel expenditure controls to ensure that staff development funds be used in such a manner to help align professional learning with student achievement. This shall be established no later than July 1st 2015.
This bill also states that the State Board of Education shall provide professional development on state-wide strategic initiatives. This may include: training on the new common core curriculum, support for under-performing educators, and mentoring programs in specific subject areas.
Senate Bill 404 includes the implementation based on weight of salaries and benefits relating to state-wide funding for professional development in the funding formula. - Authored By: Sen. Fran Millar of the 40th - House Committee: Education - Rule: Modified-Structured - Yeas: 109; Nays: 51
SB 405 - Student Achievement Office of; private college submit confidential student data to Dept. of Education shall not be liable for breach
- BILL SUMMARY: This legislation amends Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Office of Student Achievement. The bill aims to relieve private colleges and universities in this state that submit confidential student data and records to the Office of Student Achievement from being held liable for the breach of the confidentiality of such data and records. This Code section would apply to any student data or records that are confidential under any law of this state or any federal law, including, but not limited to, the federal Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g. - Authored By: Sen. Butch Miller of the 49th - House Committee: Higher Education - Rule: Modified-Open - Yeas: 158; Nays: 0
SB 410 - Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools/school sys.
- BILL SUMMARY: Senate Bill 410 provides for annual indicators of the quality of learning by students, financial efficiency and school climate for each individual K-12 school. - Authored By: Sen. Tommie Williams of the 19th - House Committee: Education - Rule: Modified-Structured - This bill was "Tabled" by the House
SB 414 - Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group
- BILL SUMMARY: SB 414 amends Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to add Chapter 25A to establish the Music Therapy Advisory Group within the office of the Secretary of State and creates licensing requirements for music therapists.
Music therapy is defined as the clinical and evidence based use of music interventions to accomplish individual goals within a therapeutic relationship through an individual music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music. Music therapy may include: - Accepting referrals for music therapy services. Before and while providing services a music therapist shall collaborate with the client's physician, psychologist, or mental health professional to review the client's diagnosis and treatment needs. - Conducting a music therapy assessment of a client to determine the appropriate type of services to provide. - Developing an individualized music therapy treatment plan for a client. - Carrying out an individualized music therapy treatment plan for a client. - Evaluating the client's response to music therapy. - Developing a plan for determining when music therapy services are no longer needed in collaboration with the client or physician, health care provider, appropriate family member, or other appropriate person. - Minimizing any barriers so that the client may receive music therapy services in the least restrictive environment. -Collaborating with and educating the client and the family about the needs of the client that are being addressed in music therapy.

The Music Therapy Advisory Group is created within the office of the Secretary of State. The Secretary shall appoint the five members of the advisory group. Three members shall be practicing music therapists, one member shall be a licensed healthcare provider who is not a music therapist, and one member shall be a consumer. The advisory group shall meet at least once per year or as called by the secretary. Duties of the advisory board include: - Facilitating the development of materials to be used to educate the public concerning music therapist and music therapy. - Acting as a facilitator of state-wide dissemination of information between music therapists and the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the secretary. - Providing analysis of disciplinary actions taken, appeals and denials, or revocation of licenses at least once per year. - Consulting with the Secretary prior to the Secretary setting or changing fees
Applicants for a music therapy license shall submit a completed application accompanied by applicable fees and provide evidence of meeting the following requirements: - Being at least 18 years old. - Holding a bachelor's degree or higher in music therapy, or its equivalent, from an approved program. - Completing a minimum of 1,200 hours of clinical training including at least 180 hours in preinternship experiences and at least 900 hours in an approved internship. - Having passed the examination for board certification and being a current board certified music therapist as recognized by Certification Board for Music Therapists. - Having satisfactorily passed a fingerprint record check report and a criminal background check.
The examination requirement shall be waived until January 1, 2014 for an applicant who is certified as a music therapist by the Certification Board for Music Therapists or designated as a music therapist with the National Music Therapy Registry.
Licenses shall be renewed biennially. In order for a license to be renewed, applicants are required to maintain their Certification Board for Music Therapists credentials and complete a minimum of 40 hours of continuing education in an approved program. Failure to renew a license shall result in forfeiture of the license. Active licenses may be placed on inactive status for up to two years.
The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee: - Has procured or attempted to procure a license by fraud, deceit, or misrepresentation. - Has been convicted of a felony under state law. - Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under their care. - Has had a license to practice music therapy suspended or revoked or has been subject to disciplinary actions regarding their practice of music therapy. - Has committed a fraudulent insurance act. - Excessively or habitually uses alcohol or drugs and is not enrolled in an approved substance abuse program. - Has a physical or mental disability that renders the individual incapable of safely administering music therapy. The secretary is authorized to investigate allegations of misconduct and shall fine a person found in violation not less than $100 nor more than $1,000 for each violation.
After January 1, 2014, no person without a music therapist license shall use the title `music therapist' or similar title, or perform the duties of a music therapist. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of any profession that may also use music therapy in the scope of their practice. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Regulated Industries - Rule: Modified-Open - Yeas: 116; Nays: 49
SB 427 - Administrative Procedure; require agency procedures for timely processing; applications for issuance/renewal of licenses
- BILL SUMMARY: Senate Bill 427 amends Code Section 12-2-2 of the O.C.G.A. by requiring the EPD Director to develop and implement procedures for timely processing or applications made to EPD for issuance or renewal of permits or variances. These procedures shall also provide the applicant with status-tracking abilities with real-time updates via EPD's website. - Authored By: Sen. Ross Tolleson of the 20th - House Committee: Natural Resources & Environment - Rule: Modified-Structured - Yeas: 98; Nays: 71

SB 428 - Administrative Procedure; provide for agency reports regarding federal government mandates and duplicate state/federal regulation
- BILL SUMMARY: SB 428 requires all state agencies to prepare an annual report that specifies, with detail, all federal rules and regulations implemented that year. - Authored By: Sen. Ross Tolleson of the 20th - House Committee: Governmental Affairs - Rule: Modified-Open - Yeas: 119; Nays: 38
SB 431 - Forgery and Fraudulent Practices; add medical identity fraud to the provisions relating to identity fraud; definitions
- BILL SUMMARY: As it passed the Senate, SB 431 was stripped and now contains language to fix a gaming issue with the "fee bill" from 2010, HB 1055. In Section 2, SB 431 clarifies the definition of 'lottery' as well as the exceptions for what is not a lottery to include promotions offered by corporations such as Coke and games offered by the Georgia Lottery Corporation. Section 3 clarifies Class A and Class B machines that are used for gaming purposes. Section 4 amends state regulatory provisions regarding bona fide coin operated amusement machines. It clarifies what local governments may enact and enforce in ordinances. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Amendments(s): AM 28 1163 - Yeas: 164; Nays: 3
SB 441 - Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties
- BILL SUMMARY: SB 441 prohibits anyone from knowingly and intentionally aiming or pointing a laser device at an aircraft or toward a law enforcement officer without the law enforcement officer's permission. - Authored By: Sen. John Crosby of the 13th - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 159; Nays: 3
SB 483 - Public Service Commission; chairperson; change the term/manner of election
- BILL SUMMARY: This bill specifies the term of the PSC Chairperson, and how they are selected. The chair will be chosen by a majority of the membership. The term of office will be for two years. However, any three members may call for a chairperson election at anytime, but no more than twice per calendar year. There is a two term limit. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Governmental Affairs - Rule: Modified-Open - Yeas: 94; Nays: 65
SR 84 - General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations-CA
- BILL SUMMARY: Senate Resolution 84 provides for a Constitutional Amendment that would allow the State Properties Commission and the Board of Regents to enter into multi-year rental agreements.
Agreements are limited to 10 fiscal years for rentals and 20 fiscal years for sales or leasebacks. Any portion of the fiscal year constitutes a full fiscal year under this amendment, and the insufficient availability of funds is grounds for terminating an agreement. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: State Institutions & Property - Rule: Modified-Structured - Yeas: 146; Nays: 14

SR 873 - Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties
- BILL SUMMARY: SR 873 is a Resolution granting nonexclusive easements for operation and maintenance of facilities, on state-owned property in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Gordon, Hall, Houston, McDuffie, Newton, Tattnall and Ware counties.
Article I grants a nonexclusive easement on .301 of an acre in Bartow County to Georgia Power, for the purpose of installing, maintaining and operating a power line and associated equipment. The property is currently in the custody of the Georgia Forestry Commission and is located on Hwy. 140 in Rydal, Georgia. The consideration for this easement is $10.00.
Article II grants a nonexclusive easement to the Central Georgia Joint Development Authority, for the purpose of a restrictive easement to eliminate incompatible land use around Robins Air Force base, in Bibb and Houston counties. The property is currently under the custody of the Department of Natural Resources and is located adjacent to the Base at Echeconnee Creek Natural Area. It includes 159.576 acres in Bibb County and 367.924 acres in Houston County. The consideration for this easement is future conveyance of additional properties to the state by the Central Georgia Joint Development Authority, to be used as buffer for the Base.
Article III grants a nonexclusive easement on .13 of an acre in Butts County, currently under custody of the Department of Natural Resources, to the Department of Transportation for the purpose of widening SR 36 at the Towaliga River. The consideration for such easement is $10.00.
Article IV grants an easement to Georgia Power for 2.9 acres in Chatham County, located at Skidaway Island State Park, for the purpose of replacing and upgrading an old utility line. The consideration for the easement will be for fair market value not less than $10.00.
Article V grants a nonexclusive easement on .10 of an acre and .027 of an acre currently in the custody of the Georgia Bureau of Investigation to Georgia Power, for the purpose of the installation, operation and maintenance of an electrical power line. This area is located at the Coastal Regional Crime Lab, Savannah Regional Drug Office, and the Bomb Truck Garage in Savannah (Chatham County). The consideration for this easement shall be $46,500 and Georgia Power will convey in-kind-cost-to-cure to GBI for the removal of existing trees, the planting of new trees and sod, an irrigation system, and a two-year maintenance and guarantee, to be installed upon the completion of the transmission line.
Article VI grants a nonexclusive easement on .045 of an acre in Clinch County, currently under custody of the Georgia Forestry Commission, to the Department of Transportation for the purpose of the US-441 widening project. The consideration for this project will be $10.00.
Article VII of the Resolution grants a nonexclusive easement to Greystone Power Corporation for the construction, operation and maintenance of an electrical power line. The easement area is located at Sweetwater Creek State Park in Douglas County and consists of 2.74 acres, currently in the custody of the Department of Natural Resources. The consideration for this easement is fair market value not less than $650.00.
Article VIII grants a nonexclusive easement to the Department of Transportation to reconstruct the Interchange Improvement at I-75 and SR 136 in Gordon County, Resaca. The property is currently in the custody of Department of Natural Resources and is comprised of .03 of an acre. The consideration for this easement is $10.00.
Article IX grants a nonexclusive easement area to the Department of Transportation for the road widening at SR3/US41/SR 136 at SR 136 in Gordon County. The easement area consists of .121 of an acre, and the consideration for this easement shall be $10.00.
Article X grants a nonexclusive easement to Hall County for .407 of an acre that is currently under the custody of the Department of Natural Resources, for the purpose of constructing, operating, and maintaining county roads at Don Carter State Park. The consideration for this easement is $10.00.
Article XI grants a nonexclusive easement on three lots in Hall County, for the purpose of installing, constructing, and operating overhead power lines in Don Carter State Park, to Jackson EMC, for a consideration of $10.00. The property is currently in the custody of the Department of Natural Resources.
Article XII grants a nonexclusive easement on .774 of an acre on the Middle Georgia Technical College property in Houston County, currently in the custody of the Technical College System of Georgia, to Flint EMC. The easement is for the installation, operation and maintenance of an electrical power line and the consideration for such easement is $10.00.
Article XIII grants a nonexclusive easement on .101 of an acre on the Thompson campus of Augusta Technical College in

McDuffie County, currently in the custody of the Technical College System of Georgia, to Georgia Power. The easement is for the installation, operation and maintenance of an underground electrical power line and the consideration for such easement is $10.00.
Article XIV grants a nonexclusive easement to the Department of Transportation for the reconstruction of SR 142 in Newton County. The .0107 of an acre is currently in the custody of the Technical College System of Georgia and the consideration for the easement will be $10.00.
Article XV grant a nonexclusive easement to Georgia Power to develop an early warning system associated with Plant Hatch, in compliance with Federal Nuclear Energy Regulatory Commission regulations. The .0574 of an acre easement area is located on the Department of Corrections' Georgia State Prison property in Reidsville, Tattnall County. The consideration for such easement will be fair market value, not less than $650.00.
Article XVI grants a nonexclusive easement at an address on Okefenokee Swamp Road, Waycross, Ware County, to John S. Braddy for the purpose of putting in a permanent access easement. The property, .207 of an acre, is currently under the custody of the Georgia Forestry Commission, and the consideration for such easement is $10.00. It will remain in effect until John S. Braddy either transfers title of the easement area or is deceased.
Article XVII grants a nonexclusive easement to L&S Mullis Farms, Inc. in Ware County, Georgia, for the purpose of a permanent access easement and installation of a power line/pole at Dixon Memorial State Forest. The .944 of an acre is currently under the custody of the Georgia Forestry Commission and the consideration for the easement will be $650.00. - Authored By: Sen. Steve Gooch of the 51st - House Committee: State Institutions & Property - Rule: Modified-Structured - Yeas: 159; Nays: 0
LOCAL CALENDAR
HB 998 - Chatham County; board of commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Chatham County Board of Commissioners. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 3
HB 999 - Chatham County; City of Savannah; board of education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Savannah-Chatham County Board of Education. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 3
SB 393 - Board of Education of Ware County; change the description of the education districts
- BILL SUMMARY: A Bill to reapportion the Ware County Board of Education. - Authored By: Sen. Greg Goggans of the 7th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 3
SB 514 - Cherokee County; homestead exemption; ad valorem taxes for county purposes
- BILL SUMMARY: A Bill to provide a homestead exemption from Cherokee County ad valorem taxes for county purposes of up to 100 percent as determined from the proceeds generated from the collection of a retail homestead option sales and use tax for residents of Cherokee County. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 3

SB 519 - Board of Education of Toombs County; change the description of the education districts
- BILL SUMMARY: A Bill to reapportion the Toombs County Board of Education. - Authored By: Sen. Tommie Williams of the 19th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 3
SB 525 - Commissioner of Roads/Revenues; Walker County; modernize, update; elections, runoffs, expenses, county attorney; revise provisions
- BILL SUMMARY: A Bill to modernize, update, and revise the Act which created the Walker County Commission. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 140; Nays: 3
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COMMITTEE ACTION REPORT
Governmental Affairs
SB 92 - Elections; provide limitations on when in-person absentee balloting may be conducted; advance voting
- BILL SUMMARY: The House Governmental Affairs Committee Substitute to SB 92 is the annual "clean up" bill for the Elections Division of the Secretary of State's Office.
It also provides that in any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a partisan or nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays.
It provides that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections. - Authored By: Sen. Joshua McKoon of the 29th - Committee Action: Do Pass by Committee Substitute
Insurance
HR 1873 - House Study Committee on Defensive Medicine and Patient Compensation; create
- BILL SUMMARY: HR 1873 creates the House Study Committee on Defensive Medicine and Patient Compensation. - Authored By: Rep. Doug Collins of the 27th - Committee Action: Do Pass
Intragovernmental Coordination
SB 533 - Floyd County; provide for nonpartisan elections
- BILL SUMMARY: A Bill to provide for the nonpartisan election of the Probate Court Judge and the Chief Magistrate in Floyd County. - Authored By: Sen. Barry Loudermilk of the 52nd - 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

10:00 AM - 12:00 PM 2:00 PM - 3:00 PM 3:00 PM - 4:00 PM

Wednesday, March 28, 2012 Appropriations Health Subcommittee Ad Hoc on Solid Waste Hazardous Waste Subcommittee Ad Hoc on Historic DNR Preservation Subcommittee

406 CLOB 403 CAP 403 CAP

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

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