Daily report [Mar. 29, 2012]

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

TOMORROW'S FORECAST
* The House has adjourned SINE DIE for the 2012 legislative session.

GEORGIA HOUSE OF REPRESENTATIVES
DAILY REPORT

Thursday, March 29, 2012
TODAY ON THE FLOOR

40th Legislative Day

CONFERENCE COMMITTEE REPORT
HB 347 - Applicant examination; Commissioner not exempt self from written exams; provide
- BILL SUMMARY: HB 347 provides that the Commissioner of Insurance shall not exempt himself or herself from any written examinations set forth in the Insurance Code.
The Senate Committee substitute to this bill contains the language from SB 447. It establishes the method whereby Georgia will repay a seven hundred million dollar loan to the federal government as well as provide solvency to the unemployment insurance trust fund. It increases the amount of taxable wages, beginning in 2013, to $9,500. It creates a one week waiting period before benefits begin, and it reduces the number of benefit weeks from 26 to 20. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Insurance - Yeas: 98; Nays: 60 - Adoption of the conference committee report represents final passage of this bill.
HB 872 - Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions
- BILL SUMMARY: HB 872 limits from whom a secondary metals recycler may purchase copper coil or wire and limits the form of payment to a check, electronic funds transfer, or voucher payable to the person who is recorded as a seller. If payment is in the form of a voucher that is delivered to the seller at the time of the purchase transaction, the voucher will not be redeemable for three days.
The bill requires additional information to be kept in the records of each transaction, allows law enforcement the right to inspect those records, requires registration of secondary metal recyclers with the sheriff of each county and requires GBI to maintain a data base of all transaction information of secondary metals recyclers..
HB 872 also regulates the selling of 'burial objects' as scrap metal. - Authored By: Rep. Jason Shaw of the 176th - House Committee: Judiciary Non-Civil - Yeas: 159; Nays: 8 - Adoption of the conference committee report represents final passage of this bill.
HB 875 - Natural Resources, Department of; privacy of certain records and personal information; provide
- BILL SUMMARY: House Bill 875 This bill amends Code Section 27-1-3 and 52-7-5 so as to provide privacy of certain records and personal information maintained by the Department of Natural Resources. The bill will repeal conflicting laws. Section 1 A new subsection, subsection (k), will be added to Code Section 27-1-3.

Subsection (k) states that any personal information such as an individual's date of birth, social security number, home address, personal mobile telephone number, medical or disability information etc. that may be present on any license, registration, permit or stamp, or other document required by the department, that the individual is either applying for or in possession of, be except from any law of this state requiring that such records be open for public inspection. However, such records may be provided to public or private entities performing activities under an agreement with the department, but the records shall remain exempt from public inspection. Individuals applying for such a license, registration, permit, stamp or permission issued by the department in relation to a business under this title, may request or indicate on their application that the department may reveal the address, telephone number and email address for the business, even if such information is the same as the individual's.
Section 2 Subsection (g) of Code Section 52-7-5 will be amended by revising the subsection. Subsection (g) states the same changes, with the addition of personal information such as height, weight, biometric identifiers etc., that subsection (k) states in the previous section of the bill. However, this subsection pertains generally to the numbering of vessels. The same revisions of the previous section pertaining to businesses are also stated in the revised subsection (g). - Authored By: Rep. David Knight of the 126th - House Committee: Game, Fish, & Parks - Yeas: 25; Nays: 143
- Failed to adopt a conference committee report.
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 if the pregnancy is diagnosed as medically futile or in reasonable medical judgment the abortion is necessary to avert the death or serious risk to the pregnant woman or preserve the life of the unborn child. 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 - Yeas: 106; Nays: 59 - Adoption of the conference committee report represents final passage of this bill.
SB 33 - Waste Reduction Act of 2011; Zero-Base Budgeting Act; application to the budget process; analysis of departmental/program objectives
- BILL SUMMARY: This bill provides for zero-base budgeting (ZBB) in the State of Georgia beginning January 2013. The House, Senate and Governor's budget offices are authorized to determine certain executive branch agencies and programs to submit a ZBB at least once every ten years, but not more than once every eight years, in a coordinated format determined by the Governor and the Office of Planning and Budget. The Joint Fiscal Affairs Subcommittee is authorized to review and/or hold hearings on ZBB submissions.
Those entities required to perform a ZBB will include an analysis of the two previous fiscal years, as well as proposed and prioritized fiscal spending plans with program, object class, and revenue source information. It should also include purpose statements and benchmarks of each program's efficiency and scope. The information will be presented in the Governor's budget report in a manner determined by that office.
The bill includes the Board of Regents as an entity under these requirements and requires that the Department of Education be submitted in ZBB for January 2013. A sunset provision for June 30, 2020 automatically repeals ZBB unless it is reauthorized. - Authored By: Sen. David Shafer of the 48th - House Committee: Budget and Fiscal Affairs Oversight - Yeas: 141; Nays: 22 - Adoption of the conference committee report represents final passage of this bill.
SB 203 - Insurance; provide that certain individuals who collect/input data; automated claims adjudication system are exempt from licensure
- BILL SUMMARY: SB 203 provides that certain individuals who collect and input data into an automated claims adjudication system, and are supervised by a fully licensed agent, are exempt from licensure by the Department of Insurance.

Further, the House Insurance Committee's substitute to SB 203 defines 'Georgia small business investment company' as a partnership, corporation, trust, or limited liability company, organized on a for-profit basis, that:(A) Has its principal office located or is headquartered in Georgia;(B) Has as its primary business activity the investment of cash in qualified businesses; and(C) Is certified by the department as meeting the criteria in this Code section.
This bill allows these companies to invest in certain Georgia domiciled small businesses with those investments being repaid with a reduction in their insurance premium taxes of 20% over 5 years. This repayment begins after the third year of the investment. - Authored By: Sen. Charlie Bethel of the 54th - House Committee: Insurance - Yeas: 152; Nays: 9 - Adoption of the conference committee report represents final passage of this bill.
MOTIONS TO INSIST
HB 318 - Sales and use tax exemptions; donated food for hunger relief; extend
- BILL SUMMARY: This legislation renews the sales tax exemption for prepared food that is donated to a food bank for the purposes of hunger relief. The new sunset would run from July 1, 2012 until June 30, 2015. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Ways & Means - A motion to insist sends this bill back to the Senate for consideration.
HB 368 - Agricultural Water Supply Protection Act; enact
- BILL SUMMARY: No Summary Available - Authored By: Rep. Tom McCall of the 30th - House Committee: Natural Resources & Environment - A motion to insist sends this bill back to the Senate for consideration.
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 insist sends this bill back to the Senate for consideration.
SB 110 - Waste Management; restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; provisions
- BILL SUMMARY: This bill delays the implementation of EPD rules and regulations regarding septic tanks from July 1, 2012 to July 1, 2014 in order to allow small businesses to prepare for the changes. The bill also states that any public water system within Georgia supplying water to customers who utilize a waste-water sewer system owned by a local government or authority must furnish the government or authority with the amount of water consumed by each individually metered customer account during each billing period. The water supplier shall cut off the water if the customer fails to pay withing five business days, and the water supplier is authorized to charge a resumption and suspension fee. - Authored By: Sen. Jack Murphy of the 27th - House Committee: Natural Resources & Environment - A motion to insist sends this bill back to the Senate for consideration.
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 - A motion to insist sends this bill back to the Senate for consideration.

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.
SB 234 Provides for additional notice requirements for those that purchase tax executions; Prohibits the sale of a tax execution while the value of the property is in appeal;Requires partial payment on a property tax bill containing fees or assessments to fully satisfy the property tax liability before applying the rest to the fees or assessments; Authorizes counties to form a regional tax assessor's office or share specialized appraisal staff; Establishes a review board under the Department of Revenue to investigate complaints filed on members of a Board of Assessors or Boards of Equalization that have been accused of willful disregard of the law or inappropriate, unprofessional, abusive behavior; Requires applicants seeking appointment to the Board of Equalization to disclose their educational background and experience; Requires an additional 40 hours of continuing education for members of the Board of Equalization entering their third term; Establishes deadlines for the Board of Assessors to respond to appeals; Defines the temporary tax payment due while a property is in appeal; Further defines the process for having an appeal heard by a hearing officer; Further defines the process for having an appeal heard by an arbitrator; Places a two year moratorium on penalties for failing to maintain a tax digest in compliance with the state sales ratio study; Defines a single contract for collecting city property taxes between the county, city and tax commissioner; Requires the purchase price of the property to be disclosed on the PT-61 form. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Judiciary - A motion to insist sends this bill back to the Senate for consideration.
MOTIONS TO RECEDE
HB 851 - Taxation of intangibles; rates charged by collecting officers; change certain requirements
- BILL SUMMARY: This legislation alters the population brackets for the percent of intangible tax local county collectors may retain as compensation for the collection of such tax. Currently Dekalb and Fulton counties are the only two that are subject to this requirement that they may only retain 4% of the tax, whereas the rest of the counties may retain 6%. With the new census, Cobb and Gwinnett counties would be subject to this legislation to only be entitled to the 4% of revenue. This legislation alters the brackets so as to keep the same applicability as before this census. - Authored By: Rep. Tom Rice of the 51st - House Committee: Ways & Means - A motion to recede represents final passage of this bill.
MOTIONS TO AGREE
HB 39 - Education; unexcused absence notices made by United States mail; provide
- BILL SUMMARY: House Bill 39 is requiring that declarations of intent and attendance records for home study programs to be submitted to the Department of Education rather than local school superintendents. Attendance records shall be submitted annually electronically. This bill allows local school systems to use first-class mail as an option to certified mail for notifying the parent, guardian, or person in control of any student ages six to sixteen with five or more unexcused absences. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Education - A motion to agree represents final passage of this bill.

HB 100 - Georgia Tax Court; create
- BILL SUMMARY: The intent of this legislation is to respond to the need for an independent, specialized agency separate from the Department of Revenue to resolve taxpayer disputes in an efficient and cost-effective manner. One of the main recommendations from the Joint Tax Reform Council was the need for an establishment of a Georgia Tax Court or Tribunal.
As introduced, HB 100 creates a Georgia Tax Court as a pilot project of limited duration pursuant to Article VI, Section I, Paragraph X of the Georgia Constitution. The current bill substitute creates the Georgia Tax Tribunal and moves it under the Office of State Administrative Hearings. The tribunal includes a Small Claims Division.
The tribunal must have at least one administrative law judge, but may have more. Initial judges will be appointed by the Governor, and post-initial appointments will be made by the Governor with the Senate's consent. The Governor may appoint another judge if he thinks it would help the tribunal's administration. The tribunal's administration will be run under the direction of the chief judge. Tribunal judges may be removed by the Governor and with the Senate's consent after notice and an opportunity to be heard. Judges must be United States citizens, Georgia residents during their service, and be licensed Georgia attorneys with at least eight years of tax law experience. Tribunal judges are prohibited from other employment during their service.
The chief judge must appoint a clerk, court reporter, and other employees as is reasonably necessary for the tribunal to run efficiently. The tribunal may contract for court reporter services, as well as the reporting of services.
Effective January 1, 2013, any person may petition the tribunal as set forth in the situations listed below. The tribunal will have no jurisdiction over Title 3 (alcohol) or Title 40 (motor vehicles and traffic) actions. No surety bonds or security are allowed in tribunal actions. Actions in the tribunal must be commenced pursuant to the procedure provided for in the Act. The Georgia Civil Practice Act rules regarding discovery and deposition will apply to tribunal proceedings, but informal practices are preferred.
Trials in the tribunal will be de novo and without a jury. The tribunal may receive evidence, conduct hearings, issue final judgments, and issue interlocutory orders. The tribunal may apply civil rules of evidence, but may also consider evidence if a reasonably prudent man would rely upon such evidence during his course of business. All orders must be in writing and include statements of fact and law. The tribunal must adhere to the principle of stare decisis, and all decisions must be indexed and published.
Any party may appeal the tribunal's final judgment to the Fulton County Superior Court within 30 days of the judgment's service. The reviewing court must decide on the tribunal's judgment or remand the case within 90 days of receiving the last brief. A party may seek final review with the Georgia Supreme Court.
A small claims division is provided for in the tribunal, wherein certain actions less than a set monetary amount may be heard after a party makes an election for the action to be heard in small claims.
Tribunal Application
A taxpayer may appeal with the tax tribunal to challenge the State Board of Equalization Commissioner's proposed assessment. If he chooses to appeal with the tax tribunal instead of Fulton County Superior Court, the discovery provisions of the tax tribunal will apply. A taxpayer may bring an action in the tax tribunal if his claim for a refund is rejected. If a taxpayer is affected by a presidentially declared disaster or terroristic or military action, the commissioner may specify one year to be disregarded in determining tax liability if the taxpayer files a petition with the tax tribunal. Assessments must be reviewed under tribunal procedure. A party may appeal the commissioner's finding to the tribunal by filing a petition with the tribunal within 30 days of the decision and otherwise following tribunal procedure. Some provisions related to appeals in superior court do not apply to tribunal appeals.
If a writ of execution is issued for the collection of tax money due to the state, the taxpayer may file a petition with the tribunal to get a determination as to whether the amounts are legally due.
Railroad equipment companies may appeal proposed assessments of public utility assessments with the tribunal according to the tribunal's rules.
Real estate transfer tax refund actions may be brought in the tribunal within 60 days from the claim's denial. Failure to grant or deny a refund claim within one year constitutes constructive discharge. If a refund of intangible recording tax claim is denied, the taxpayer may bring a refund action in the tribunal. - Authored By: Rep. Allen Peake of the 137th - House Committee: Judiciary - A motion to agree represents final passage of this bill.

HB 175 - Online Clearinghouse Act; enact
- BILL SUMMARY: House Bill 175 relating to the "Quality Basic Education Act" to enact the "Online Clearinghouse Act." This Act is a clearinghouse through which local school systems may offer courses to students of other local school systems virtually through computer based programs. The bill also discusses credits the students shall receive, cost of taking the course, and deadlines.
House Bill 175 is also 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: Rep. David Casas of the 103rd - House Committee: Education - A motion to agree as amended sends this bill back to the Senate for consideration.
HB 181 - Special needs scholarship program; waiver one requirement; provide
- BILL SUMMARY: House Bill 181 is relating to scholarship programs for special needs students. It states that on the beginning of every year the parent of s student with a disability will be notified that their child may be eligible for a Georgia Special Needs Scholarship if they have an Individualized Education Program (IEP).
This bill also provides parents the opportunity to apply to the State School Board for a waiver (based on medical circumstances) of the one year school enrollment requirement related to the Special Needs Scholarship. Such applications would be considered by the Board on a case by case basis according to Board rules and procedures. The Board shall provide an annual report by December 31st of each year through December 31st 2015. House Bill 181 states certain provisions relating to the amount of the scholarship, deadlines and deadlines of payment to parents. - Authored By: Rep. Rich Golick of the 34th - House Committee: Education - A motion to agree represents final passage of this bill.
HB 198 - Superior court clerks; real estate or personal property filing fees; extend sunset dates
- BILL SUMMARY: As it passed the House, HB 198 extends the sunset for the filing fees for real estate and personal property from July 1, 2014 to July 1, 2016. However, the Senate substitute removes the sunset provision altogether. - Authored By: Rep. Tom Rice of the 51st - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 237 - Residential mortgage fraud; mortgage lending process; revise definition
- BILL SUMMARY: This legislation expands the definition of mortgage lending process and provides the Attorney General and district attorneys with investigative and subpoena powers to enforce the prohibition on mortgage fraud.
Section 1 expands the definition of mortgage lending process to include (1) the execution of deeds under the power of sale and (2) the execution of assignments vesting the secured creditor with title to the security instrument.
Section 2 provides the Attorney General or any district attorney with the authority to issue a subpoena to compel the production of any books, papers, documents, or tangible things in any investigation involving fraudulent real estate transactions.
As it passed the House, HB 237 provided that if a person fails to obey the subpoena without a lawful excuse, then the Attorney General or district attorney may apply to a superior court for an order compelling compliance. The subpoenaed party may object to the subpoena, but a failure to obey a subpoena issued under this Code section may be punished as contempt of court. However, the final version of the bill does not include this section. - Authored By: Rep. Rich Golick of the 34th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.

HB 247 - Community Health, Department of; fingerprint and investigate emergency medical services personnel; require
- BILL SUMMARY: This legislation amends the OCGA to state that the conviction of a felony while a person is a certified firefighter shall result in the revocation of the certification. Section 2 amends 29-4-18 relating to requirements, and termination of temporary medical consent guardianship by adding a new paragraph that gives immunity to any person acting in good faith with a Physician Order for Life-sustaining Treatment. Section 3 goes on to allow a court to require a petitioner seeking to become a guardian or conservator to submit to a criminal history check. The petitioner would have to have fingerprints taken and transmitted to the FBI and the Georgia Crime Information Center for search of records and give the criminal history record information to the court. These records will be used by the court in assessing the suitability of the petitioner for guardian or conservator. Section four of the bill states that an applicant for emergency medical services certification may request that the criminal history records check be conducted by state or local law enforcement or by a private vendor approved by the Department of Public Health. The department is required to accept the criminal records check whether the request is made through state or local law enforcement or the department approved private vendor. - Authored By: Rep. Jay Neal of the 1st - House Committee: Public Safety & Homeland Security - A motion to agree represents final passage of this bill.
HB 332 - Universal Access Fund; eliminate unnecessary regulation; revise provisions
- BILL SUMMARY: This legislation amends Georgia Code Section 46-5-167, relating to the Universal Access Fund. Specifically, it prevents local exchange companies from establishing a surcharge on customers' bills without first receiving approval from the Public Service Commission. Data must be submitted to the commission showing that said surcharge does not result in a net rate increase. Surcharges that are authorized or required by federal or state law are exempt. - Authored By: Rep. Don Parsons of the 42nd - House Committee: Energy, Utilities & Telecommunications - A motion to agree represents final passage of this bill.
HB 397 - State government; open meetings and records; revise provisions
- BILL SUMMARY: HB 397 is a comprehensive overhaul of the open meetings act. The majority of the bill is a rewrite to make the act more user-friendly. A small percentage of the bill is substantive change to incorporate court decisions and deal with areas of abuse.
This legislation clarifies the definition of a "meeting." A meeting does not include a gathering of less than a quorum unless smaller groups meet with the intent of circumventing the law. A meeting does not include property inspections, seminars, state or federal meetings, or social occasions absent an intent to evade or avoid the law. Under this legislation, all final votes must be taken in an open session. If an action is taken during an illegal meeting, a suit to void that action may be brought within six months.
Likewise, this legislation defines an "executive sessions" as portions of meetings lawfully closed to the public. Such sessions are permitted during discussions of the disposal or lease of real estate. In an executive session, the members are allowed to vote on a number of issues, including real estate decisions and settlements for which the attorney-client privilege applies. Finalists for executive offices may be interviewed in executive sessions. Discussion of exempt portions of records may occur in executive sessions if there is no reasonable means to hear the record without disclosing the exempt portions.
The bill limits the use of meetings by telephone for local governments by only allowing teleconference meetings during an emergency. In other circumstances, a member may teleconference if he or she has a health reason for not attending the meeting in person, but may teleconference no more than twice a year.
Open Records
The public policy of the state is in favor of open government, and public access to records is encouraged. There is a presumption that public records may be available for inspection immediately, and the law regarding this should be broadly construed. Exceptions to this policy should be interpreted narrowly.
Data and data fields are now considered to be "records." An agency may designate an open records officer to whom requests should be directed. Fees for copying records are reduced from $.25 per page to $.10 per page. An agency may charge for records even if they are not picked up. The bill provides procedure for agencies in cases where the cost of producing records is over $25 or over $500.
Requests for records may be oral or written, but only written requests are subject to criminal and civil enforcement

proceedings and penalties. Requests for emails or electronic messages should be as detailed as possible.
The exemptions from disclosure are clarified. The attorney-client privilege is broadened, but does not include factual findings related to an investigation conducted by an attorney on behalf of the agency in some cases. Likewise, attorney work product is exempted from disclosure requirements, but does not extend to factual findings.
Violations of the open records and open meetings provisions are essentially the same. The bill increases fines for violations of open records or meetings by imposing a maximum fine of $1,000 for the first violation and $2,500 for additional violations made within one year. Fines may be imposed in both civil and criminal proceedings, although only knowing and willful violations will lead to fines or criminal convictions. There is no good faith defense for civil penalties. - Authored By: Rep. Jay Powell of the 171st - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 456 - Georgia Government Accountability Act; enact
- BILL SUMMARY: As passed the Senate (LC 21 1802S), at least one of the appointees of both the Speaker of the House and the President of the Senate must be a member of the minority party.
House Bill 456 creates the `Georgia Government Accountability Act' to establish a review process of agency efficiency.
The bill creates the Legislative Sunset Advisory Committee (the "Committee") consisting of seven members from each chamber to serve concurrent with the legislative biennium. The Speaker and the President of the Senate appoint the members, to include one of the Governor's floor members from each chamber, and each designates a co-chair. The cochairs shall be authorized to appoint no more than 2 ex officio members of the committee. The committee, in cooperation with the Governor's office, may employ staff to perform the work of the committee. The Committee's co-chairs are authorized to request assistance from any agency or office, which will comply. Agencies must make available to the committee and its staff any documentation subject to public record for inspection or duplication within 3 days of the request.
The purpose of the Committee is to routinely schedule the review of all state agencies and executive branch subsidiaries that receive funds through a state appropriations Act. The Committee shall establish a schedule for the routine reviews. This article shall not apply to any state entity that does not receive a state appropriation.
If the Committee recommends the abolishment of an agency, it will be terminated one year from when the recommendation is made as long as the responsibilities and obligations, fiduciary or otherwise, are repealed, revised or reassigned by the General Assembly. In the absence of legislative action, the abolished agency will submit its budget request with the committee's recommended actions represented.
Those entities established in the State Constitution shall not be subject to automatic abolishment. The Committee will follow the same review process with the additional step of providing any Constitutional amendments needed to repeal or transfer its obligations. Those agencies which have not met publicly for a year or more may be abolished without further review. The committee shall give public notice of any proposed legislation not later than the first day of December of the year preceding its introduction.
The abolition of a state agency shall not affect any rights, penalties, liabilities or proceedings that were begun before the abolition.
At least six months before a scheduled evaluation, the agency must provide to the Committee a list of: programs and services provided with goals; expenditures; explanation of failed objectives; level of public participation in rule-making; statutory objectives for each program and activity and extent to which objectives have been achieved; assessment of potential duplications across state departments and the extent to which those programs can be eliminated, reorganized, privatized or consolidated with another agency; self-assessment for improvements and processes for attainment; budget needs for meeting objectives; statutory change recommendations; effect on federal funds and requirements if abolished; alternative methods for providing services for greater efficiencies; assessment of the agency and programs and which should be eliminated, reorganized, privatized or consolidated; 5-year hiring patterns; deficiency correction plans related to judicial or audited problems; justification for all committees and boards associated with the agency; a list of activities not called for in Code; any program audits, performance audits or any other reports by the state auditor; summary of all litigation the agency is engaged in; and any other information requested by the Committee. The report must be validated by the agency director before submission.
The Committee has six months to review the report, which may include consultations, testimonials and public hearings with interested parties. The Committee will present its findings to the Speaker, the President of the Senate and the Governor, and base its recommendation for ongoing operations based on: efficiencies, achievement of objectives;

effectiveness; need; reductions of duplication; statutory update needs; customer service and involvement; level of satisfied requirements; performance measures; the extent to which the agency is deemed to be a core function of state government per the Constitution; impact of federal intervention or loss of federal funds if agency is abolished, and change to the O.C.G.A. to enable compliance with the agency's mission. The report will recommend action for the elimination, privatization, abolishment, continuation or reorganization of the agency and/or its programs, as well as draft legislation to fulfill those recommendations.
This act shall become effective upon approval by the Governor or upon its becoming law without such approval. - Authored By: Rep. Charlice Byrd of the 20th - House Committee: Budget and Fiscal Affairs Oversight - A motion to agree represents final passage of this bill.
HB 541 - Obstruction of public administration; threaten or intimidate officer or official; provide for offense
- BILL SUMMARY: HB 541 prohibits intimidation of law enforcement officers or their immediate family member in retaliation for the officer's actions in carrying out his or her official duties.
The Senate substitute to HB 541 clarifies some language and changes the penalty from a felony to a misdemeanor. - Authored By: Rep. James Epps of the 140th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 634 - Ad valorem tax; population brackets and census; change provisions
- BILL SUMMARY: This legislation adjusts the population brackets in 48-5-24 (c)(1). In doing so the act continues to only affect Fulton County, and does not affect Gwinnett County which has a population that would now be covered under the act. Additionally, the legislation updates two sets of property brackets in 48-5-24 in subsections (b) and (e). This is to ensure that the property tax penalty for late payment established in subsection (b) of the code continues to only affect DeKalb County. Additionally, the penalty for late payment of property taxes located in subsection (e) of the code will continue to only affect Cobb County. And finally, the legislation affects the updates the property tax brackets in 48-5-40 (3)(L) which lists the possible qualification for a Homestead Exemption. Currently subsection (L) only pertains to Butts County and with the adjustment continues to only affect the same. - Authored By: Rep. Donna Sheldon of the 105th - House Committee: Ways & Means - A motion to agree represents final passage of this bill.
HB 636 - Brookhaven, City of; provide a charter
- BILL SUMMARY: HB 636 provides for a public referendum for the incorporation of the city of Brookhaven. Further, it contains the proposed charter for the city. - Authored By: Rep. Mike Jacobs of the 80th - House Committee: Governmental Affairs - A motion to agree represents final passage of this bill.
HB 665 - Clerk of superior court offices; modernize provisions
- BILL SUMMARY: HB 665 modernizes the provisions of the Georgia Code with respect to the duties and functions of the Superior Court Clerks.
It provides for modern technological advances in electronic record keeping, allows superior court clerks to serve as clerks in other courts, increases the bond required by a clerk of court, changes provisions relating to the selection of the clerk of court when a vacancy occurs and the process for removal of clerks. As introduced HB 665 included language that clerks would be subject to general contempt powers of the court. However, the committee substitute does not include this language.
The Senate substitute adds language from Rep. Alex Atwood's HB 763 which provides cleanup language for last year's HB 415, which was the Jury Composition bill.
This language reinserts language of the prior Code which was inadvertently deleted in HB 415. For instance, it prevents felons from serving as juries as well as 16 and 17-year-olds. - Authored By: Mr.. Billy Maddox of the 127th - House Committee: Judiciary - A motion to agree represents final passage of this bill.

HB 685 - Dogs; dangerous and vicious; extensively revise provisions
- BILL SUMMARY: HB 685 redefines the dog classifications of a dangerous dog, potentially dangerous dog and vicious dog. As introduced, the bill removed the one free bite rule. However, this provision is not in the committee substitute.
The bill requires registration for possession of a vicious dog and a microchip ID; provides court order for euthanasia of dogs that have bitten humans more than once; prohibits ownership of more than one vicious dog; and prohibits felons from ownership of certain dogs.
It provides for exemptions for law enforcement or military dogs, hunting dogs and a dog that attacks a trespasser.
The Senate substitute changes the provision for failure to comply with requirements of a vicious dog. Failure to comply in the House version was a felony; however, failure to comply in the Senate substitute makes an owner guilty of a misdemeanor in a high and aggravated nature. - Authored By: Rep. Gene Maddox of the 172nd - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 706 - Elementary and secondary education; delete and clarify provisions
- BILL SUMMARY: House Bill 706 is repealing unnecessary code sections and updating wording of Title 20 which is related to elementary and secondary education.
SECTION1: Removes that the State Board of Education must meet at the state capitol in the Department of Education or at a place in the capitol that is designated by the Governor for that purpose.
SECTION2: Revises code section relating to the duties of the chairperson of the State Board of Education. SECTION 3: Revises committee meetings of the State Board of Education and where they may be held. Provides flexibility. SECTION 4: Repeals and reserves Code Section 20-2-12, relating to educational television programs. SECTION 5: Repeals and reserves Code Section 20-2-100, relating to substituting county school superintendent for county school commissioner. SECTION 6: Amends the oath of the county school superintendent. SECTION 7: Revises the eligibility requirements for student enrollment. SECTION 8: Amends code section concerning distribution of federal funds by repealing area relating to "Summer Opportunity Program". SECTION 9: Revises annual performance evaluations for school personnel. SECTION 10: Repeals and reserves Code Section 20-2-212.3, relating to increasing teachers' salaries in areas of shortage. SECTION 11: Repeals and reserves Code Section 20-2-213, relating to an addition 5% increase in teacher salary based on student performance. SECTION 12: Repeals and reserves Code Section 20-2-213, relating to career ladder programs. SECTION 13: Repeals Code Section 20-2-231, relating to Georgia Education Leadership Academy. SECTION 14: Repeals Code Section 20-2-232, relating to staff development plans by local school systems. SECTION 15: Amends the powers and duties of the State Board of Education relating to no longer having the ability to organize and reorganize the Department of Education. SECTION 16: Repeals and reserves Code Section 20-2-251- relating to demonstration programs. SECTION 17: Repeals and reserves Code Section 20-2-252, relating to electronic technology. SECTION 18: Repeals and reserves Code Section 20-2-253, relating to achievement grants SECTION 19: repeals and reserves Code Section 20-2-254, relating to educational research. SECTION 20: Adds a new subsection relating to the establishment of a state-wide network of regional educational service agencies. SECTION 21: Amends area relating to assessment of effectiveness of educational programs. Removes mention of Code Section 20-2-213 since it is repeals and reserves earlier in this bill. SECTION 22: Repeals Code Section 20-2-285.1, relating to provisions applicable to third grade criterion reference reading assessment students. SECTION 23: Repeals and reserves Code Section 20-2-303, relating to educational television. SECTION 24: Repeals and reserves Code Section 20-2-312, relating to a state program for middle school children during nonschool hours. SECTION 25: Revises this section by removing the declaration of rules and regulations for contracts or purchases over $100.00, purchases over $100,000.00 SECTION 26: Repeals and reserves Code Section 20-2-501, relating to the prohibition of contracts or purchases over $100.00 which are not compliance with rules and regulations. SECTION 27: Repeals and reserves Code Section 20-2-502, relating to disciplining measures for violations for Code

Section 20-2-501. SECTION 28: Repeals and reserves Code Section 20-2-503, relating to authority of local boards of education to
purchase education information, literature and services. SECTION 29: Repeals and reserves Article 15, relating to school census. SECTION 30: Relates to requirements for home study programs. Paperwork will be submitted to the Department of
Education, no longer the superintendent of schools of the local school district where the home student program is located. SECTION 31: Related to mandatory education for children between ages six and 16. This section adds that the
Department of Education has authority in case of home study programs. SECTION 32: Adds the Department of Education to administration and enforcement of compulsory attendance laws. SECTION 33: Adds the Department of Education to report truants to juvenile or other courts relating to attendance. SECTION 34: Repeals Code Section 20-2-741, relating to local boards of education sending copies of student codes
of conduct to the Department of Education. SECTION 35: Repeals and reserves Code Section 20-2-771.1, relating to voluntary reenrollment of children. SECTION 36: Repeals and reserves Code Section 20-2-960, relating to requiring bonds of principals. SECTION 37: Relating to the authority of the Professional Standards Commission, repeals and reserves subsection
(e), relating to demonstration plans under Code Section 20-2-251. SECTION 38: Repeals and reserves Article 20, the "Education Partnership Act of 1990". SECTION 39: Repeals and reserves Code Section 20-2-1183, relating to possession of electronic communication
devices in school.
House Bill 706 also requires that declarations of intent and attendance records for home study programs to be submitted to the Department of Education rather than local school superintendents. - Authored By: Rep. Mike Dudgeon of the 24th - House Committee: Education - A motion to agree represents final passage of this bill.
HB 713 - Quality Basic Education Act; career and college readiness initiatives; delay implementation
- BILL SUMMARY: House Bill 713 is making minor changes to House Bill 186. It delays the implementation of some career and college readiness initiatives until the 2013-2014 school year. It adds a section stating that the State Board of Education shall require a career education study in grades kindergarten through 12. - Authored By: Rep. Randy Nix of the 69th - House Committee: Education - A motion to agree represents final passage of this bill.
HB 732 - Special license plates; Purple Hearts; include persons serving in armed services
- BILL SUMMARY: HB 732 provide that temporary plates or "drive-out tags" may be issued for trailers. It provides that temporary transporter plates issued to motor vehicles may also be issued for the temporary transport of trailers. It allows for veterans deemed partially disabled to qualify for a free license plate and annual revalidation decal. It allows individuals that have received the Purple Heart and are still serving in the armed services to be eligible for the Purple Heart license plate. It provides for special license plates for veterans and service members awarded certain Distinguished Service medals. It provides for license plates to promote prostate cancer awareness, a special license plate to support lung cancer related awareness and research and a special license plate for supporting nurses in Georgia. Finally, it provides that special license plates for certified firefighters shall be exempt from paying an annual special license plate renewal fee. - Authored By: Rep. Tony McBrayer of the 153rd - House Committee: Motor Vehicles - A motion to agree represents final passage of this bill.
HB 743 - Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend
- BILL SUMMARY: This legislation extends the motor fuel tax exemption that provides for an exemption for public transit systems and transportation systems operated on educational campuses throughout the state. The new extension would continue until June 30, 2015. Additionally, an exemption is provided for local SPLOST taxes on jet fuel at qualifying airports within the state. Lastly, the legislation restores an exemption for sales tax on packaging materials.- Authored By: Rep. Tom Rice of the 51st - House Committee: Ways & Means - A motion to agree as amended sends this bill back to the Senate for consideration.

HB 786 - Consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide
- BILL SUMMARY: HB 786 provides that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Insurance - A motion to agree as amended sends this bill back to the Senate for consideration.
HB 797 - State chartered special schools; revise funding
- BILL SUMMARY: This bill establishes the State Charter Schools Commission as a state-level authorizing entity working in collaboration with the Department of Education under the supervision of the State Board of Education. The Commission would have the power to approve or deny petitions for state charter schools, and renew, nonrenewal, or terminate petitions in accordance with State Board of Education rules and regulations. The State Board of Education would be able to overrule the approval or renewal within 60 days of the decision upon a majority vote of the members of the state board. The Commission would also have the power to conduct facility and curriculum reviews of state charter schools. The bill goes on to outline the requirements for eligibility to put in a petition, the responsibilities of the state charter schools in the event that petitions are approved or terminated.
The legislation also provides for appropriations of funds for the state charter schools by the Georgia General Assembly and shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants.
This Act would become effective on January 1, 2013, only if a Constitutional amendment authorizing the General Assembly to create charter schools as special schools is ratified at the November, 2012, general election. - Authored By: Rep. Jan Jones of the 46th - House Committee: Education - A motion to agree represents final passage of this bill.
HB 822 - Georgia Taxpayer Protection False Claims Act; enact
- BILL SUMMARY: HB 822 expands the use of the state Attorney General's office to investigate individuals and corporations that engage in fraudulent activity with taxpayer money. Medicaid claims are already subject to this investigative measure. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 824 - Quality Basic Education Act; calculating equalization grants; revise method
- BILL SUMMARY: House Bill 824 revises the methodology for calculating equalization grants as well as adds an eligibility requirement for receiving the grant.
SECTION 1: Defines "equivalent millage" for the purpose of being eligible for Equalization. This section also changes the benchmark for Equalization from the 75% percentile to the statewide average (less any outliers based on wealth). Specifically: Lines 37-40 Language is added defining "equivalent millage" as the combination of property tax and sales tax revenue representing the amount generated by a designated millage rate. This language is applicable to school systems that have a Lost Option Sales Tax (LOST) for maintenance and operations. Lines 41-51 Strikes language that says the guaranteed valuation (the benchmark that is equalized to) is the school system at the 75th percentile. Instead, the new guaranteed valuation will be a modified statewide average of assessed valuation per Weighted FTE (WFTE). Systems will continue to be ranked in wealth/WFTE, but for the purposes of calculating the statewide average, the top 5% and bottom 5% of systems will be removed from the averaging calculation. Lines 65-72 Adds new language that requires any school system that falls below the guaranteed valuation to have a millage of 12 mills or the equivalent in order to be eligible for Equalization. This provision has an effective date of July 1, 2015. Lines 85-86 Removes language related to the benchmark school system (75th percentile). Lines 121-126 Removes language related to the benchmark school system (75th percentile) and replaces it with the new guaranteed valuation (modified state-wide average). Lines 159 161 Removes outdated language that only applied to FY 2006.
SECTION 2: All laws or parts of laws in conflict with this Act are repealed. - Authored By: Rep. Mike Dudgeon of the 24th - House Committee: Education - A motion to agree represents final passage of this bill.

HB 861 - Law enforcement officers; report drug related arrests to Department of Human Services; require
- BILL SUMMARY: HB 861 requires drug testing of TANF applicants as a condition of eligibility to receive benefits. The Department of Human Services must adopt rules and regulations in how to implement HB 861.
If an applicant fails one drug test, the person shall be ineligible for one month or until he or she tests negative in another test. For two positive results, the recipient is ineligible for three months or until he or she tests negative in a retest. For a third or subsequent positive result, the recipient shall be ineligible for one year or until he or she tests negative in a retest.
The Department must provide notice to the individual at time of application of intent to drug test, - require each Individual to sign acknowledgement of notice, - one parent must comply in two-parent family, - teen parent must comply if not living with parent, legal guardian or other adult caretaker, - results are not subject to Open Records or part of criminal investigation (or subject to subpoena) or in civil action unless consented to, - inform a participant who tests positive of his or her ability to retest, and - provide a list of substance abuse treatment programs for a participant who tests positive.
A protective payee will be designated for a child of an ineligible parent.
The bill does provide for certain exceptions of who must submit. - Authored By: Rep. Michael Harden of the 28th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 865 - Georgia Motor Common and Contract Carrier Act of 2012; enact
- BILL SUMMARY: HB 865 enacts the "Georgia Motor Common and Contract Carrier Act of 2012". Primarily, it transfers the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety. - Authored By: Rep. Alan Powell of the 29th - House Committee: Motor Vehicles - A motion to agree represents final passage of this bill.
HB 869 - Natural Resources, Board of; rules and regulations; revise certain provisions
- BILL SUMMARY: House Bill 869 As amended by the Senate (AM 40 0028)
Replace line 9-12 with: board; to authorize the repeal of certain rules or regulations; to create and provide for responsibilities of the Coastal Finfish Advisory Panel; to change certain provisions relating to fishing with bow and arrow; to repeal certain
Section 1 Code Section 27-1-39 is being revised to define the term `rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012.
Section 2 Code Section 27-2-20.1 was added. This section states that that anyone that is required to have a fishing license for saltwater fishing must participate in the Saltwater Information Program. Participation will require a questionnaire prior to obtaining a fee endorsement for salt water fishing in Georgia. Possession of such endorsement is required.
Section 3 The allowance of the use of bow nets as provided in Code Section 27-4-25 is removed from subsection (a). Subsection (b) states the legal uses for dip nets and cast nets for bait, and other nongame fish as authorized by the board.
Section 4 The allowance for using gill nets to catch sturgeon is removed in subsection.
Section 5 Subsection (a) states that it shall be illegal to possess more than a total of 50 individuals of all fresh water species named in this code section. Several fish species were added to the list along with their minimum size limits for possession, along with the catch per

day allowance.
Section 6 Subsection (a) states that in accordance with current, sound principles of wildlife research and management, the authority of the board is expanded to include the disposition; size, possession, and creel limits; and gear and landing specifications for fresh water fishing. Subsection (b) states that a listing and description of rules promulgated by the board for salt-water species listed in Code Section 27-4-10, and a listing and description of any findings made by the department in making a determinant pursuant to Code Section 27-4-130 shall be provided to the appropriate standing committees of each house and to all members whose districts are included within the current boundaries of the First Congressional District within the first ten days of a subsequent legislative session. Subsection (c) states that the provisions of Code Section 50-13-4 notwithstanding, the General Assembly may override any rule or regulation promulgated by the board affecting salt-water finfish fisheries after January 1, 2013 by adopting a joint resolution.
Section 6A Subsection (a) establishes The Coastal Finfish Advisory Panel as being attached to the Department of Natural Resources for administrative purposes. The rules and requirements for the board regarding board members and their residence requirements are stated. Each member shall serve for a term of two years, and no compensation will be awarded. Subsection (b) states that The Coastal Finfish Advisory Panel shall consult with the department to promote and protect recreational and commercial salt-water fishing in this state. Subsection (c) states that the department shall consult the Panel on all issues affecting salt-water finfish fisheries, including but not limited to decisions made by the commissioner pursuant to Code Section 27-4-130. The Panel shall be authorized to submit a report to the General Assembly detailing its objection to any rule or regulation adopted by the department under the authority of this chapter.
Section 7 In accordance with sound principles and research, the board is authorized to publically display the rules and regulations regarding the salt water fishing using a bow and arrow.
Section 8 No change
Section 9 It shall be illegal to fish for trout in any trout waters, in accordance to Code Section 27-4-51 by any means other than one pole and line per hand. Subsection (b) states that it is illegal to use live fish for bait in any waters designated as trout waters except as authorized by the board.
Section 10 Subsection (a) adds American eels, catfish in salt water and horseshoe crabs to the list of fish in which it is illegal to fish commercially without both a valid commercial fishing license as well as a valid commercial fishing boat license. Subsection (b) states that the board is authorized to determine, display and enforce rules and regulations regarding the seasons, days and places for which such fishing may take place. Subsection (c) states that it shall be illegal to fish for shad, American eels, catfish in salt water, or horseshoe crabs on days or in places not authorized by the board. Subsections (d) through (g) are removed.
Section 11 Code Section 27-4-72 is repealed in its entirety.
Section 12 Subsection (a) removes sturgeon nets from the allowable gear that can be used in commercial fresh-water fishing in this state. Subsection (d) is removed.
Section 13 Code Section 27-4-112 is repealed in its entirety.
Section 14 Code Section 27-4-113 is repealed in its entirety.
Section 15

Code Section 27-4-114 is repealed in its entirety.
Section 16 Code Section 27-4-115 is repealed in its entirety.
Section 17 Subsection (a) of Code Section 27-4-118 is amended to state that it is unlawful for anyone not to maintain a daily record book showing the amount of seafood landed per trip for those involved in commercial fishing for seafood.
Section 18 Code Section 27-4-130 is repealed in its entirety. A new Code Section 27-4-130 will be enacted. Subsection (a) states that the commissioner can't close all or any portion of salt waters of the state to fishing by species for a period longer than 6 months within a calendar year. Subsection (b) states that this code section will not prohibit a person from landing fish or seafood in federal waters, given that they possess a valid commercial federal permit. Subsection (c) states the department is authorized to zone the salt water in Georgia. Subsection (d) states that the opening or closing of any salt waters shall be given by posting such changes at the courthouse in each coastal county at least 24 hours prior to any enforcement action taken. Subsection (e) that the board is authorized to promulgate rules and regulations and to prohibit the sale of any or all seafood in the state.
Section 19 Code Sections 27-4-130.1 and 27-4-130.2 are repealed in their entirety.
Section 20 Code Section 27-4-131 is repealed in its entirety.
Section 21 Subsection (a) of Code Section 27-4-132 is revised to state that the board is authorized, in accordance with sound principles and research, to promulgate the rules and regulations regarding noncommercial shrimp fishing. The commissioner shall make the decision of whether to open or close a creek or a portion thereof for fishing for shrimp.
Section 22 Subsections (c), (e), and (f) of Code Section 27-4-133 are amended. Subsection (c) no longer allows sturgeon to be fished for by means of cast nets in the tidal rivers and creeks. Subsection (e) removes the reference to code section 27-4-170. Subsection (f) removes the reference to Code Section 27-4-130 and adds jelly fish and whelks to what was previously allowed under subsection (f) of this Code Section.
Section 23 Subsection (a) of Code Section 27-4-137 is revised by removing the reference to Code Section 27-4-170.
Section 24 Code Section 27-4-170 is repealed in its entirety.
Section 25 Code Section 27-4-171 is repealed in its entirety and a new Code Section 27-4-171 will be enacted. Subsection (a.1) states that a valid personal commercial fishing license will be necessary to sell shrimp for live or dead bait. However, no cashier employed by a licensed bait dealer and not actively involved in the harvest of bait shrimp shall be required to obtain a commercial fishing license under this Code section. No bait dealer license shall be issued to a person holding a commercial food shrimp cast netting license. Bait dealer licenses are also restricted for individuals whose establishment is located on a dock or other facility where shrimp were taken and are processed, stored or sold for retail.
Subsection (a.2) states that the amount of the required forfeiture bond amount to be filed with the commissioner be the state amount of $2,000.00. The term of the bond shall be one year and shall correspond to the period of the bait dealer license. Subsection (a.3) states that a license for bait shrimp trawling shall not be issued to anyone who does not possess a valid bait dealer license. Exceptions apply to those who are employees of a licensed bait dealer. Subsection (a.4) states that the department is authorized to promulgate the related rules and regulations in accordance with sound principles and research. Subsection (a.5.A) states that individuals with a valid commercial food shrimp cast netting license may not fish for shrimp for live bait.

Subsection (a.5.B) states that fishing for shrimp for live bait is prohibited in closed waters, except bodies of water that have been opened for such taking. The determination of opening and closing the bodies of water shall be made by the commissioner. Subsection (a.5.C) states that fishing for shrimp for live bait is prohibited for those who fail to maintain the commercial fishing boat bait-holding facilities requirements set by the board. Subsection (b) states that shrimp caught per this Code Section shall not be lawfully sold for human consumption, or be kept for personal consumption. Subsection (c) states that the interstate import of bait shrimp shall not be prohibited provided proof that this Code Section has not been violated. Subsection (d) specifies the color, location and size of the required numerals and letters to be presented on vessels involved with fishing for shrimp. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time a bait dealer license is issued. Subsection (e) states that the bait dealer facilities relating to applications for licenses shall be inspected within 30 days from the time of the application to ensure appropriate compliance.
Section 26 Code Section 27-4-172 is repealed in its entirety.
Section 27 Subsection (a) of Code Section 27-4-190 will be amended to include the requirements that all commercially licensed vessels engaged in commercial shellfish harvest or transport, whether with shellfish on board or not, shall have a portable marine toilet on board.
Section 28 Subsection (a) of Code Section 27-4-194 is amended to restrict the size of oysters taken for commercial purposes. The restrictions are that the oysters measure more than two inches from hinge to mouth. If attached, the oyster which is less than two inches in measurement may be kept if it cannot be removed without destroying the two inch oyster.
Section 29 Code Section 52-7-26 is amended to define the term `rules and regulations' to mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012.
Section 30 Code Section 52-7-51 is amended to define the term `rules and regulations' to mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012.
Section 31 States Sections 1, 29, and 30 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 2013.
Section 32 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Roger B. Lane of the 167th - House Committee: Game, Fish, & Parks - A motion to agree as amended sends this bill back to the Senate for consideration.
HB 896 - Sales tax; distribution for educational purposes; change certain provisions
- BILL SUMMARY: This legislation is the enabling legislation to a constitutional amendment, which amends current law to prevent counties and independent school systems from operating under any other funding distribution formula than as is laid out in Art. VIII, Sec. VI, Paragraph IV (g) of the State Constitution. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Ways & Means - A motion to agree as amended sends this bill back to the Senate for consideration.

HB 900 - Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide
- BILL SUMMARY: HB 900 provides for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles. Further, it will allow the "scrapping" of a trailer without a title after signing an affidavit to the effect that the trailer is 12 years old or older and worth $1,800 or less. - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - A motion to agree represents final passage of this bill.
HB 916 - Bona fide conservation use property; covenants; change certain qualifications and restrictions
- BILL SUMMARY: This legislation would clarify and add specific documentation to the information that county boards of assessors need in relation to the ability for such properties to qualify for the conservation use covenant property program. Additionally, the bill allows for property owners who have entered property in the conservation use covenant program and who subsequently acquire contiguous property, to enter such property into the same covenant. - Authored By: Rep. David Knight of the 126th - House Committee: Ways & Means - A motion to agree represents final passage of this bill.
HB 933 - Preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program; provide
- BILL SUMMARY: HB 933 amends Chapter 14 of Title 10 and article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories. Section 1 Code Section 10-14-3 relating to definitions applicable to cemetery and funeral services is amended by revising the definitions of `cremation' to include chemical or other professionally accepted processes and `funeral service' to include cremation. It is further amended by adding paragraph 16.1 to define the term `funeral director in full and continuous charge.' Section 2 Code Section 10-14-18 relating to duties of registrant and written contract is amended by defining the term `signing' to include any manual, facsimile, conformed, or electronic signature. `Electronic signature' means an electronic symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. Section 3 Code Section 43-18-1 relating to definitions pertaining to funeral directors and establishments, embalmers, and crematories is amended by modifying the definitions of `cremation' and `funeral' or `funeral services.' The definition of `cremation' is extended to include any mechanical, chemical, thermal, or other professionally accepted process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity. The definition of `funeral' or `funeral services' is extended to include any service relating to the transportation, embalming, cremation, and interment of a dead human body. Section 4 Code Section 43-18-46 relating to grounds for denial or revocation of license or registration, and other discipline is amended to include funeral and cremation societies and associations as well as other similar societies, plans, or associations. Section 5 Code Section 43-18-50 relating to application for funeral service apprenticeship and period of apprenticeship is amended to allow an apprentice to earn apprenticeship hours while attending a postgraduate school or a program at an accredited college of funeral service or other college approved by the board. Section 6 Code Section 10-14-3 relating to definitions applicable to cemetery and funeral services is amended by changing the term `board' to `boards' and extending the definition to include the State Board of Funeral Services. Section 7 Code Section 10-14-3.1 relating to the authority of the State Board of Cemeterians is amended by stating that the Secretary of State shall delegate authority to the appropriate board for the review of investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The amendment specifies the authorities of the State Board of Funeral Service and the State Board of Cemeterians. Section 8 Code Section 10-14-4 relating to registration of dealers and cemeteries, perpetual care cemeteries trust funds, nonperpetual care cemeteries, and preneed escrow accounts is amended to allow for a person already licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian to be excluded from the preneed dealer registration process.

Section 9 Code Section 10-14-5 relating to preneed sales agents, contracts, and retention of employee data is amended to state that any person licensed by or registered with the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State board of Cemeterians as a cemeterian shall be deemed a preneed dealer. It is further amended to allow the application for registration to be sent by statutory overnight delivery. Section 10 Code Section 10-14-5.1 is added. The amendment states that any preneed contract provided by an insurance agent shall not reference or name any funeral service provider unless such contract is signed by the director of such establishment. The amendment further states that any preneed insurance policy must be signed by the insurance agent, consumer, and licensed funeral director of the named establishment. It further states that when a funeral establishment is named in a preneed insurance policy that establishment shall be designated the assignee of the insurance benefit funds. Section 11 Code Section 10-14-7 relating to preneed escrow accounts is amended to state that the provisions of this Code section shall apply only to preneed dealers not governed by the provisions of Code Section 10-14-7.1. 10-14-7 is further amended to include trusts when referring to preneed escrow accounts. The bill also includes bench, coping, and other burial and funeral merchandise items in the calculation for the amount of funds that may be deposited into a trust or escrow account. If a preneed account is maintained with a trustee, the assets of the account shall be invested and reinvested by the trust agent subject to all terms, conditions, limitations, and restrictions imposed by Georgia law. The trust agent shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of the accounts securities and investments including proceeds. Code Section 10-14-7 is further amended by allowing the funds to be released within the time required by law after a purchaser requests a refund. The preneed dealer is considered to have delivered burial or funeral merchandise when the burial or funeral merchandise is; actually delivered at the time of need, actually delivered at the request of the purchaser, when a monument is attached to realty, when the monument is manufactured and placed into third party storage Section 12 Code Section 10-14-7.1 is added. The new Code section allows funeral establishments, funeral directors, or an agent, representative, or employee of the funeral director or funeral establishment to deposit funds into an individual trust fund that is titled in the name of the funeral establishment, established to provide preneed funeral services, payable upon death of the purchaser, and refundable to the purchaser's designee following deductions of owed taxes and a 3 percent administrative charge where funeral services are not provided by the funeral establishment. 100 percent of the funds to be held in the trust shall be deposited in the trust account within 30 days following the end of the month in which any payment was received. The trust agent of a preneed account shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any securities and investments related to the account. The trust agent shall be authorized to invest funds in interest-bearing deposits and direct and general obligations of the United States government, obligations guaranteed by the United States government, and obligations of the agencies of the United States government. The trust agent may hold the obligations directly or through an open-end or closed-end management type investment company. Any person holding money in trust shall register with the Secretary of State. The Secretary of State shall establish rules relating to the investments of trust funds. The funeral establishment owners, funeral director, or employee, representative, or agent of a funeral director shall be held jointly and severally liable for any deficiencies in a trust account upon a finding of fraud, theft, or misconduct by a court. Section 13 This act shall become effective on July 1, 2012. Section 14 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Regulated Industries - A motion to agree as amended sends this bill back to the Senate for consideration.
HB 963 - Bibb County; Board of Public Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Bibb County Board of Education. - 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 965 - Income tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes
- BILL SUMMARY: This legislation clarifies the applicability of the requirement to remit estimated income tax by fiduciaries to coincide with federal law, by removing the requirement of filing such taxes two years after the death of the decedent in relation to the estate of such decedent and a testamentary trust. Additionally the legislation alters the taxation of partnerships, Subchapter S corporations and limited liability companies so as to require the withholding of taxes from only

non-resident members of such entities on the share of taxable income that the entity had in a given tax year. This change is to clarify the withholding practices for resident members of the types of entities mentioned above; due to the requirement that such income is already required to be present on the filer's state income tax return. - Authored By: Rep. David Knight of the 126th - House Committee: Ways & Means - A motion to agree represents final passage of this bill.
HB 971 - Workers' compensation; awards and benefits; change certain provisions
- BILL SUMMARY: This is a housekeeping bill of the State Board of Workers' Compensation to enhance and simplify the application of the Workers' Compensation Act. It provides a protection for underrepresented employees in the settlement process, allows statistical data to be reported electronically and avoids technical penalties caused by system malfunction. It streamlines settlement process in certain death cases. It brings the hearing loss section current with medical science and national standards. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Industrial Relations - A motion to agree represents final passage of this bill.
HB 1041 - Bartow County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Bartow County Board of Education. - Authored By: Rep. Paul Battles of the 15th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
HB 1049 - Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions
- BILL SUMMARY: House Bill 1049 makes changes to the "Georgia Emergency Telephone 9-1-1 Service Act of 1977." Voice over Internet Protocol service suppliers are required to register certain information with the director of emergency management. The term "prepaid wireless service" is defined as when a telephone subscriber pays a wireless service supplier in advance for a wireless telecommunications connection as follows: o sold in predetermined units or dollars which expire without an additional retail purchase and the number of which declines with use in a known amount; o is not offered in conjunction with other communications services for which the terms permit payments in arrears; o the charges are not billed to any telephone subscriber or other person; and o the charges are not provided to a telephone subscriber or other person in a monthly statement. The definition of prepaid wireless service will also include, without limitation, calling or usage privileges included in the purchase of a wireless telephone as well as a calling card, a call, or an internet transaction. A wireless service provider is not authorized to recover any costs through providing wireless enhanced 9-1-1 services with respect to any prepaid wireless services. The word "telecommunications" is removed from the definition of "consumer" in regards to the purchase of prepaid wireless service transactions. "Wireless telecommunications service" is defined as commercial mobile radio service as defined by 47 CFR (Code of Federal Regulations). If a minimal amount of prepaid wireless service is separately priced and sold as part of a single retail transaction that does not contain a prepaid wireless device or service, then the seller may elect not to apply the 0.75, 9-1-1 fee to such transaction. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Energy, Utilities & Telecommunications - A motion to agree represents final passage of this bill.
HB 1051 - Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; repeal provisions
- BILL SUMMARY: This bill will repeal the provisions in the OCGA relating to the make up of the MARTA Board and the 50/50 split of funds passed in the Transportation Investment Act of 2010. This repeal will only go into effect if HB 1052, The MARTA Act rewrite is passed and signed into law. - Authored By: Rep. Mike Jacobs of the 80th - House Committee: Transportation - A motion to agree represents final passage of this bill.

HB 1067 - Portable electronics insurance; issuance and regulation of limited licenses to sell; provide for comprehensive revision of provisions
- BILL SUMMARY: HB 1067 provides for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance.
" Portable electronics" means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices and their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network.
It provides for an exception to a retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy. The House Insurance Substitute to HB 820 also includes language from HB 819 which provides requirements for retail installment sellers to be exempted from reinsurance requirements relating to vehicle service agreements or extended warranty agreements.
It provides that in the event of a dispute or complaint arising involving insurance related material not in English, the English version of the material shall control the resolution of the dispute or complaint. - Authored By: Rep. Carl Rogers of the 26th - House Committee: Insurance - A motion to agree represents final passage of this bill.
HB 1071 - Excise tax; certain tobacco products; change certain provisions
- BILL SUMMARY: This legislation would require that all retail establishments who sell tobacco products must renew their license annually as well as maintain certain documentation pertaining to the inventory of tobacco that they have on hand at any given time. The bill further clarifies the definition of little cigar to ensure that the correct tax is being remitted for the correct product. Lastly, criminal penalties were clarified and strengthened throughout the code. - Authored By: Rep. Penny Houston of the 170th - House Committee: Ways & Means - A motion to agree represents final passage of this bill.
HB 1102 - Georgia hazardous site reuse and redevelopment; 30 day grace period for buyers of qualifying property to seek limitation of liability; provide
- BILL SUMMARY: This legislation amends the Georgia Code relating to hazardous site reuse and development by providing a 30 day grace period for buyers after the purchase of qualifying property.
The term "prospective purchaser" is defined in House Bill 1102 as a person who has applied for a limitation of liability pursuant to this article within 30 days of acquiring title to a property where there is a preexisting release.
The limitation of liability provided by this article shall automatically advance to the benefit of heirs, assigns, successors in title, and designees of the person who such limitation of liability is granted. A transfer of title to the qualifying property from the prospective purchaser to any other party deemed to be a contributing person to the release at the property; a person disqualified from obtaining limitation of liability under Code Section 12-8206; or back to the owner of the property from which the subject property was purchased will terminate any limitation of liability applicable to the transferor. The provisions regarding ad valorem taxation of property are revised to allow for the extension a period of preferential assessment. The existing time frame is 10 years, unless the property is sooner disqualified. A qualified brownfield property may be eligible for preferential assessment for a period no longer than 15 year under the following circumstances:
o Construction of improvements on the property commenced but thereafter ceased for a period in excess of 180 days; o After a delay in excess of 180 days, construction of improvements on the property resumed; and o The owner of the property submits a sworn certification to the county board of tax assessors stating the date on which construction first commenced, the date on which construction ceased, and the date on which construction resumed.
Upon receipt of the required certification, the county board of tax assessors shall extend the period of preferential assessment for one year for each 365 days of construction inactivity for up to a maximum of five consecutive years. Under no circumstances shall the period of preferential assessment exceed 15 consecutive years.
This bill delays the implementation of EPD rules and regulations regarding septic tanks from July 1, 2012 to July 1, 2014 in order to allow small businesses to prepare for the changes. Any public water system within Georgia supplying water to customers who utilize a waste-water sewer system owned by

a local government or authority must furnish the government or authority with the amount of water consumed by each individually metered customer account during each billing period. The water supplier shall cut off the water if the customer fails to pay withing five business days, and the water supplier is authorized to charge a resumption and suspension fee. - Authored By: Rep. Lynn Ratigan Smith of the 70th - House Committee: Special Committee on Small Business Development and Job Creation - A motion to agree represents final passage of this bill.
HB 1117 - Local government; approval of bonded debt by election; population brackets and the census; change certain provisions
- BILL SUMMARY: A Bill to amend the population Act providing for county-wide bond elections or school bond elections in unincorporated Fulton County so as to change the census numbers and remove Gwinnett from its application under the 2010 Census. The bill also amends Code Section 45-8-12 relating to deposit of public funds in banks or depositories, so as to exempt hospital authorities from certain bond requirements. - Authored By: Rep. Valerie Clark of the 104th - House Committee: Intragovernmental Coordination - A motion to agree represents final passage of this bill.
HB 1150 - Wayne County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Wayne County Board of Commissioners. - Authored By: Rep. Chad Nimmer of the 178th - House Committee: Intragovernmental Coordination - Local - A motion to agree as amended sends this bill back to the Senate for consideration.
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.
The Senate amendment LC 29 2038 allows for appeals from the State in both superior and state court. The amendment was requested by the Solicitors and is needed because of the additional burden the misdemeanor cases HB 1176 adds to their caseload.
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.
The Senate amendment LC 29 2039 amends this section and breaks the burglary statute into two degrees: first degree (dwelling) and second degree (non-dwelling).
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.
The Senate amendment LC 29 2056 clarifies that a third conviction of a theft offense will be a felony, with a sentence of 1-5 years regardless of whether the first two convictions were a misdemeanor, felony or combination of both.
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.
The Senate amendment LC 29 2070 clarifies the statutory construction of forgery.
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. As it passed the House, upon the 3rd or subsequent offense, imprisonment for double the length of incarceration applies. However, the Senate amendment LC 29 2042 removes this language as a drafting error.
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 The Senate amendment LC 29 2061 adds 'trafficking for sexual servitude' to the list of sex crimes
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.
The Senate amendment LC 29 2041 clarifies the mandatory reporters of hospitals in child abuse cases by changing the language to read "employees and volunteers" of hospitals.
PART VI; Restrictions 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 - A motion to agree represents final passage of this bill.
HB 1198 - Parent and child; grandparent visitation rights; modify provisions
- BILL SUMMARY: HB 1198 provides for when the court may order grandparent visitation when it finds the child would be harmed without such visitation.
This legislation sets out factors a court must consider when determining whether the health or welfare of a child would be harmed without grandparent visitation. Currently, there is no presumption in favor of grandparent visitation, but this legislation strikes that language. Instead, this legislation creates a rebuttable presumption that a child denied contact with his grandparents may suffer emotional injury harmful to his health. A parent's decision regarding grandparent visitation is not conclusive when the lack or absence of grandparent contact would result in emotional harm to the child.
Grandparent visitation, if so ordered, must be for at least one day per month and cannot interfere with the child's school or regularly scheduled extracurricular activities.
A court may award grandparent visitation in cases where the parent is deceased, incapacitated, or incarcerated if it finds that visitation would be in the child's best interests. The custodial parent's judgment regarding the child's best interests is

given deference, but is not conclusive.
Custodial parents may be required to notify grandparents of the child's public performances.
The Senate committee substitute changes the effective date of the legislation to be upon signature of the Governor. - Authored By: Rep. John Meadows of the 5th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HB 1204 - Duluth, City of; change corporate limits of city
- BILL SUMMARY: A Bill to change the corporate limits of the City of Duluth. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
HB 1208 - Cobb County; Board of Education; change description of districts
- BILL SUMMARY: A Bill to reapportion the Cobb County Board of Education. - Authored By: Rep. Earl Ehrhart of the 36th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
HB 1236 - Norcross, City of; change corporate limits
- BILL SUMMARY: A Bill to change the corporate limits of the City of Norcross. - Authored By: Rep. Pedro Marin of the 96th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
HR 1151 - Joint Human Trafficking Study Commission; create
- BILL SUMMARY: HR 1151 creates a 13 member study committee to examine Georgia's system of care for victims of human trafficking. The study committee will be known as the Joint Human Trafficking Study Commission and will abolish on January 1, 2013. It will have the right to make a report of any findings as well as recommendations for any proposed legislation.
The committee substitute adds a provision that one member from the Senate and one from the House must be from the minority party. In addition, it contains a provision that any report would be given to the Speaker of the House and the Lieutenant Governor.
The Senate committee substitute changes who appoints the Senate members of the joint study commission. The House version had the Committee on Assignments while the Senate substitute has the Lieutenant Governor. - Authored By: Rep. Buzz Brockway of the 101st - House Committee: Judiciary - A motion to agree represents final passage of this bill.
HR 1177 - Veterans Memorial Highway; Oglethorpe County; dedicate
- BILL SUMMARY: A resolution dedicating the portion of State Route 22 in Oglethorpe County from U.S. Route 78/State Route 10 in Lexington to the Madison County line as the Veterans Memorial Highway.
This substitute also includes additional road dedications: HR 1141 HR 1142 HR 1152

HR 1158 HR 1164 HR 1351 HR 1352 HR 1439 HR 1542 HR 1602
Additional Senate dedications were added: SR 843 SR 667 SR 386 SR 1060 SR 1071 SR 1072 SR 1083 SR 1084 HR 1103 - Authored By: Rep. Chuck Williams of the 113th - House Committee: Transportation - A motion to agree represents final passage of this bill.
HR 1376 - Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize
- BILL SUMMARY: HR 1376 is a conveyance resolution for property located in twenty-one counties, conveying property owned by the State of Georgia or amending those conveyances, as follows:
Article I amends the lease of acreage at Riverbend Prison in Baldwin County with a nonexclusive appurtenant easement to construct a waste-water management facility to be used by Riverbend and Baldwin State Prisons.
Article II conveys property in Bibb County, formerly the Music Hall of Fame, to the State Properties Commission for sale to Mercer University to be used for school-related functions.
Article III conveys the property in Carroll County that was John Tanner State Park to the county, removing the Heritage Preservation designation on the property and instead placing a conservation easement on it, for use as a public park.
Article IV conveys two parcels of land in Clinch County, formerly under the custody of the Georgia Forestry Commission, to the Department of Transportation for the U.S. 441 Widening Project.
Article V conveys property in Coffee County, formerly known as the Douglas Poultry Lab and currently in custody of the Department of Agriculture, to the State of Georgia, for the State Properties Commission to offer by competitive bid or to a local government or state entity.
Article VI conveys property currently owned by the state, where the Georgia Forestry Commission's Dade County Unit was located before it was destroyed by tornado, for three acres the state currently leases from Dade County, to be used for the construction, maintenance, and operation of a new Dade County Unit.
Article VII conveys a tract of land in Dodge County, the site of the former Eastman Armory and currently in custody of the Georgia Department of Defense, to Dodge County for public purposes, for the amount of the remaining general obligation bonds.
Article VIII conveys property located in Dougherty County, formerly used as the Albany Farmers Market, to the State Properties Commission to offer for competitive bid or to a local government or state entity.
Article IX conveys .068 acre in Dougherty County from the Technical College System of Georgia to the Department of Transportation, in consideration for the Department satisfying project requirements, using federal funds, of the construction of a deceleration lane at the entrance to Albany Technical College.
Article X conveys property in Floyd County, formerly used as Northwest Regional Hospital and currently under custody of the Department of Behavioral Health and Developmental Disabilities, to the State Properties Commission to offer for competitive bid or to a local government or state entity.

Article XI conveys property in Franklin County, formerly used as the Carnesville Poultry Lab and in the custody of the Department of Agriculture, to the State Properties Commission to offer by competitive bid or to a local government or state entity.
Article XII conveys property in Habersham County, formerly used as the Cornelia Entomology Lab or Poultry Lab, to the State Properties Commission to offer by competitive bid or to a local government or state entity.
Article XIII conveys land in Macon County that was used as the Montezuma Poultry Veterinary Diagnostic Lab to the State Properties Commission, to offer by competitive bid or to a local government or state entity.
Article XIV conveys property in Madison County that was formerly the Georgia Forestry Commission's Madison Sub-Unit. Madison County will acquire the property from the state for $10.00 and will be responsible for the operating costs, maintenance and facility renovations and allow the Forestry Commission to keep personnel and equipment at the site at no additional cost to the state.
Article XV conveys property in McIntosh County that was formerly the McIntosh Youth Development Center. The Department of Juvenile Justice is surplusing this property to the Coastal Regional Commission.
Article XVI conveys property in Mitchell County, formerly used as the Camilla Poultry Veterinary Diagnostic Lab, to the State Properties Commission to offer by competitive bid or to a local government or state entity.
Article XVII conveys property in Montgomery County, formerly the Georgia Forestry Commission's Montgomery Sub-Unit, to the county for the sum of $10.00, provided that the county only use the property for a public purpose. The county will pay all operations, maintenance, and facility renovations, and allow the Forestry Commission to keep personnel and equipment there at no additional cost to the state.
Article XVIII conveys property in Muscogee County, under the custody of the Technical College System of Georgia, to the Columbus Consolidated Government for state consideration of improving access to the site by constructing a traffic circle.
Article XIX conveys property in Quitman County, under the custody of the Georgia Forestry Commission and formerly used as the Stewart Sub-Unit, to the State Properties Commission to offer by competitive bid or to a local government or state entity.
Article XX conveys property in Telfair County, formerly used as Milan State Prison, to the State Properties Commission for sale to the City of Milan for $10,000.00, or to offer by competitive bid to a local government or state entity.
Article XXI conveys land in Ware County, under the custody of the Technical College System of Georgia, to the City of Waycross for state consideration of improving traffic safety, turning radius, and storm-water drainage. The City is improving the road as part of a Department of Transportation Local Maintenance and Improvement Grant (LMIG).
Article XXII conveys property in Washington County, formerly used as the Sandersville Armory and currently in custody of the Department of Defense, to the City of Sandersville for a consideration of $10.00. The property is to be used for a public purpose.
Article XXIII conveys property in Wayne County, formerly known as the Jesup Farmers' Market and District Office and currently under the custody of the Department of Agriculture, for the State Properties Commission to offer for competitive bid or to a local government or state entity.
Article XXIV conveys property in Whitfield County, formerly known as the Dalton Poultry Veterinary Diagnostic Lab, to the State Properties Commission to offer as a competitive bid or to a local government or state entity. - Authored By: Rep. Gerald E Greene of the 149th - House Committee: State Institutions & Property - A motion to agree represents final passage of this bill.
SB 181 - Attorney General; prohibit contingent compensation under certain circumstances
- BILL SUMMARY: SB 181 prohibits special prosecutors from being compensated on a contingency basis in forfeiture actions.
Section 1 mirrors the language of Rep. Mike Jacob's HB 64 and amends Code provisions relating to the payment of attorney fees upon notes or other evidence of indebtedness where such fees are provided for but a specified amount is not set forth in the instrument.
In a civil action if the award of attorney's fees provided under the Code section results in an amount greater than $20,000,

the party who is required to pay may, prior to the entry of judgment, petition the court for a determination as to the reasonableness of the attorney's fees. The party requesting the attorney's fees will submit an affidavit and the party required to pay may respond. The court has discretion to decide whether the amount to be awarded is reasonable and necessary by hearing or based on the written evidence. A civil action to be cannot be instituted solely for the purpose of determining the reasonableness of the attorney's fees. - Authored By: Sen. Charlie Bethel of the 54th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
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. Lastly, this measure would provide cities the ability to impose the excise tax on energy used in manufacturing at an earlier point, if the county to which the city is located wishes not to impose the excise tax. - Authored By: Sen. William Ligon, Jr. of the 3rd - House Committee: Ways & Means - A motion to agree represents final passage of this bill.
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 originally 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.
When the bill went back to the Senate, the Senate added provisions from HB 880 which amends Title 43 of the Official Code of Georgia so as to change certain provisions relating to real estate professionals. Section 1
Code Section 43-39A-2 relating to definitions relative to real estate appraisers is amended to specify that `Appraisal management company' does not include a relocation company. Section 2
Code Section 43-39A-2 is further amended by adding a new paragraph (25.1) which states 'Relocation company' means a business entity that acts as an agent or contractor of an employer for the purposes of relocating the employees of such employer and determining an anticipated sales price of the residences of the employees being relocated. Section 3
Code Section 43-39A-3 relating to the Georgia Real Estate Appraisers Board, membership, qualifications, recusal for conflict of interest, terms, removal, meetings, and compensation is amended to specify that having a disciplinary letter of findings imposed on a member of the board is not grounds for removal from office. Section 4
Code Section 43-39A-14 relating to required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification, noncompliance with child support orders, and borrowers in default is amended to revise the definition of `Felony' to mean any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States.
Code Section 43-39A-14 is further amended to remove the stated ability of the board to use the matters asserted in the notice of hearing for refusal of a new appraiser classification in the event that an appraisers classification lapses after the board has filed a notice of hearing but before the board enters a final order. Section 5
Code Section 43-39A-18 relating to penalties for violations, unfair trade practices, and civil judgment is amended to include "Any action taken by the board pursuant to this subsection may, at its discretion, be construed as a `disciplinary sanction' or `sanction' as such terms are used in this chapter." Section 6
Code Section 43-39A-18.1 relating to alternative disciplinary procedures and citations is amended to allow the board to

issue a letter of findings to the appraiser if the alleged violation appears to have done no harm to a third party or to the public. A letter of findings shall be confidential, not subject to subpoena in a civil action, not constitute a public record , and not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. Section 7
Code Section 43-40-2 relating to creation of commission, members, meetings, recusal for conflict of interest, removal, compensation, annual report, and budget unit is amended to include a letter of findings as a disciplinary sanction. Section 8
Code Section 43-40-8 relating to qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses is amended to modify the qualifications to become an applicant for a broker or associate broker's license to include `maintain a license in active status for at least three of the last five years immediately preceding such examination.' Section 9
Code Section 43-40-15 relating to grant, revocation, or suspension of licenses, other sanctions, surrender or lapse, conviction, noncompliance with child support order, and borrowers in default is amended to revise the definition of `Felony' to mean any offense committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. Code Section 43-40-15 is further amended to remove the stated ability of the commission to use the matters asserted in the notice of hearing for refusal of a new license in the event that a licensee's license lapses after the board has filed a notice of hearing but before the board enters a final order. The commission may issue an order revoking a licensee's license when that licensee has violated any provisions of this chapter. Section 10
Code Section 43-40-22 relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation is amended to change the amount that nothing shall be construed to obligate the fund for from $15,000.00 to $25,000.00 per transaction, the liability of the fund for the acts of a licensee from $45,000.00 to $75,000.00, and that no person who establishes a proper claim or claims under this Code section shall ever obtain more than from $15,000.00 to $25,000.00. Section 11
Code Section 43-40-22 relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from the fund, and subrogation is amended to remove the statement that the aggrieved person shall notify the commission in writing, by certified mail or statutory overnight delivery, return receipt requested.
Code Section 43-40-22 is further amended to include the right of the commission to object to a verified claim on the issue of whether or not the claim was in violation of this chapter. Section 12
Code Section 43-40-25 relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices is amended to include "Any action taken by the commission pursuant to this subsection may, at its discretion, be construed as a `disciplinary sanction' or `sanction' as such terms are used in this chapter." Section 13
Code Section 43-40-25 is further amended to allow the commission to consider disciplinary actions by another state's real estate brokerage licensing authority in determining the severity of a new sanction. Section 14
Code Section 43-40-25.2 relating to alternative disciplinary procedures and citations is amended to allow the commission to issue a letter of findings to the licensee if the alleged violation appears to have done no harm to a third party or to the public. A letter of findings shall be confidential, not subject to subpoena in a civil action, not constitute a public record , and not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. Section 15
All laws and parts of laws in conflict with this Act are repealed. - Authored By: Sen. Bill Hamrick of the 30th - House Committee: Judiciary - A motion to agree represents final passage of this bill.
SB 366 - Juvenile Justice Dept.; revise restrictions; possessions of contraband at juvenile detention centers
- BILL SUMMARY: SB 366 includes cell phones in the definition of contraband, establishes guard lines and provides for punishment for those found guilty of furnishing or introducing contraband into Department of Juvenile Justice facilities.
After it passed the House, the Senate added an amendment to remove the sunset provision that juveniles would stay in youth detention centers for 30 days maximum. Otherwise, the provision would be moved to 60 days maximum in July 2013. This provision will save the Department of Juvenile Justice millions. - Authored By: Sen. Johnny Grant of the 25th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.

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 - A motion to agree represents final passage of this bill.
MOTIONS TO DISAGREE
HB 318 - Sales and use tax exemptions; donated food for hunger relief; extend
- BILL SUMMARY: This legislation renews the sales tax exemption for prepared food that is donated to a food bank for the purposes of hunger relief. The new sunset would run from July 1, 2012 until June 30, 2015. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Ways & Means - A motion to disagree sends this bill back to the Senate for consideration.
HB 851 - Taxation of intangibles; rates charged by collecting officers; change certain requirements
- BILL SUMMARY: This legislation repeals a population requirement that stipulates that Dekalb and Fulton counties can only retain 4% of the intangible tax collected within their respective counties, whereas the rest of the counties may retain 6%. With the new census, Cobb and Gwinnett counties would be subject to this legislation to only be entitled to the 4% of revenue. Now all counties within the state retain 6% of the tax collected. - Authored By: Rep. Tom Rice of the 51st - House Committee: Ways & Means - A motion to disagree sends this bill back to the Senate for consideration.
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.
SB 234 Provides for additional notice requirements for those that purchase tax executions; Prohibits the sale of a tax execution while the value of the property is in appeal;Requires partial payment on a property tax bill containing fees or assessments to fully satisfy the property tax liability before applying the rest to the fees or assessments; Authorizes counties to form a regional tax assessor's office or share specialized appraisal staff; Establishes a review board under the Department of Revenue to investigate complaints filed on members of a Board of Assessors or Boards of Equalization that have been accused of willful disregard of the law or inappropriate, unprofessional, abusive behavior; Requires applicants seeking appointment to the Board of Equalization to disclose their educational background and experience; Requires an additional 40 hours of continuing education for members of the Board of Equalization entering their third term; Establishes deadlines for the Board of Assessors to respond to appeals; Defines the temporary tax payment due while a property is in appeal; Further defines the process for having an appeal heard by a hearing officer; Further defines the process for having an appeal heard by an arbitrator; Places a two year moratorium on penalties for failing to maintain a tax digest in compliance with the state sales ratio study; Defines a single contract for collecting city property taxes between the county, city and tax commissioner;

Requires the purchase price of the property to be disclosed on the PT-61 form. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Judiciary - A motion to disagree sends this bill back to the Senate for consideration.
RULES CALENDAR
HB 1113 - DeKalb County; levy an excise tax
- BILL SUMMARY: A Bill to authorize DeKalb County to levy a hotel/motel tax. - Authored By: Rep. Michele Henson of the 87th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 87; Nays: 69
SB 114 - Distilled Spirits; provide for issuance of a manufacturer's/distiller's license to a fruit grower; certain circumstances
- BILL SUMMARY: SB 114 amends Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales.
Section 1 Code section 3-4-24 is amended. It is unlawful for the licensee to sell or dispose of distilled spirits or alcohol: in any municipality, county or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter and to any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or another state. A manufacturer's or distiller's license may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of Georgia that has approved either the package sales of distilled spirits or the sale of distilled spirits by the drink or both. A manufacturer or distiller issued a license pursuant to the Code section may provide educational and promotional tours.
Section 2 Code section 3-4-24.1 is creates and states that the commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state. It is unlawful for the licensee to sell or dispose of any distilled spirits or alcohol: in any municipality, county or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited; to any person not holding an importer's, broker's, or wholesaler's license. A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of Georgia that has approved either the package sales of distilled spirits or the sale of distilled spirits by the drink or both. A manufacturer or distiller issued a license pursuant to the Code section may provide educational and promotional tours.
Section 3 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Sen. Johnny Grant of the 25th - House Committee: Regulated Industries - Rule: Modified-Structured - Yeas: 147; Nays: 15
SB 350 - Crimes and Offenses; disposition of firearms used in burglaries or armed robberies
- BILL SUMMARY: SB 350 provides for the disposition of firearms which have been used in burglaries or armed robberies. It provides for an innocent owner and states that an innocent owner's firearm be returned to such person when the firearm is no longer needed for evidentiary purposes. - Authored By: Sen. Don Balfour of the 9th - House Committee: Judiciary Non-Civil - Rule: Structured - Yeas: 115; Nays: 54
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 - Yeas: 91; Nays: 67

SB 432 - Crimes and Offenses; define a certain term; political subdivision shall not enact any ordinance more restrictive of sale/possession of knife than general law
- BILL SUMMARY: This legislation would prohibit any county, municipality, or consolidated government from constraining the possession, manufacture, sale, or transfer of a knife more restrictively than is otherwise provided in Georgia Code. The restriction does not apply to the local government's regulation of knives in courthouses or government buildings. - Authored By: Sen. Bill Heath of the 31st - House Committee: Public Safety & Homeland Security - Rule: Modified-Structured - Yeas: 124; Nays: 46
SB 470 - Patient Self-Referral; revise the definition of "rural area"
- BILL SUMMARY: This bill allows Baldwin county to be a "rural area." The bill states that a county with a military junior college is not an urban area. - Authored By: Sen. Greg Goggans of the 7th - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 170; Nays: 1
SB 480 - Chatham County; change the description of the commissioner districts; definitions and inclusions
- BILL SUMMARY: A Bill to reapportion the Chatham County Board of Commissioners. - Authored By: Sen. Lester G. Jackson of the 2nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 481 - Savannah, City of; Chatham County; change the description of the education districts
- BILL SUMMARY: A Bill to reapportion the Savannah-Chatham County Board of Education. - Authored By: Sen. Lester G. Jackson of the 2nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 492 - State Purchasing; require state contracts awards for heavy equipment follow certain specific procedures
- BILL SUMMARY: SB 492 requires that public works contract awards for heavy equipment follow certain specific procedures.
The House committee substitute adds language from Rep. Bill Hembree's HB 329. This provision outlaws any local or state governmental entity from setting aside public works projects for unions only. It restates the state policy regarding use of the lowest qualified bidder whether union or open shop. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 192; Nays: 0
SB 527 - Turner County; board of education; change the description of the education districts
- BILL SUMMARY: A Bill to reapportion the Turner County Board of Education. - Authored By: Sen. John Crosby of the 13th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 528 - Turner County; board of commissioners; change the description of the commissioner districts
- BILL SUMMARY: A Bill to reapportion the Turner County Board of Commissioners. - Authored By: Sen. John Crosby of the 13th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0

SB 529 - Cherokee County Development Authority; provide for expanded powers and duties
- BILL SUMMARY: A Bill to provide for the powers and duties of the Cherokee County Development Authority. - Authored By: Sen. Chip Rogers of the 21st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 530 - Mansfield, City of; provide a new charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Mansfield. - Authored By: Sen. Rick Jeffares of the 17th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 532 - Doraville, City of; change the coporate limits
- BILL SUMMARY: A Bill to change the corporate limits of the City of Doraville. - Authored By: Sen. Fran Millar of the 40th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
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 - House Committee: Intragovernmental Coordination - Rule: Modified-Structured - Yeas: 106; Nays: 59
SB 534 - McDonough, City of; provide for incorporation, boundaries, and powers of the city
- BILL SUMMARY: A Bill to provide for the incorporation, boundaries, and powers of the City of McDonough, to provide for a governing authority, its powers, duties, authority, elections, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office. - Authored By: Sen. Rick Jeffares of the 17th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
SB 537 - McDonough, City of; amend powers of mayor; provide for a city administrator
- BILL SUMMARY: A Bill to provide a nonbinding referendum in the City of McDonough to create the position of city manager. - Authored By: Sen. Rick Jeffares of the 17th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 0
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COMMITTEE ACTION REPORT
Judiciary Non-Civil
SB 350 - Crimes and Offenses; disposition of firearms used in burglaries or armed robberies
- BILL SUMMARY: SB 350 provides for the disposition of firearms which have been used in burglaries or armed robberies. It provides for an innocent owner and states that an innocent owner's firearm be returned to such person when the firearm is no longer needed for evidentiary purposes. - Authored By: Sen. Don Balfour of the 9th - Committee Action: Do Pass

Rules
HR 1977 - House Study Committee on the Horse Racing Industry; create
- BILL SUMMARY: Extends the time the Equine Study Committee can meet until December 31, 2012. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.