Daily report [Feb. 17, 2014]

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

TOMORROW'S FORECAST
* The House will reconvene for its 23rd Legislative Day on Tuesday, February 18, at 10:00 AM. * 2 bills are expected to be debated on the floor.

Monday, February 17, 2014

22nd Legislative Day

TODAY ON THE FLOOR
RULES CALENDAR
HB 516 - Retirement and pensions; election to participate in Regents Retirement Plan in lieu of Teachers Retirement System of Georgia shall be revocable at will; provide
- BILL SUMMARY: Under this bill, if a member declined participation in the Teachers' Retirment System (TRS) for participation in the Board of Regent's retirement plan they will now be eligible to revoke election in the Regent's retirement plan for membership in TRS. The member must notify the board of trustees of TRS and will become an active member the first day of the month after the notification is received by the board. The member may be able to transfer creditable service covered under Regent's retirement plan. The creditable service would be based on the amount of funds paid to the board without creating any unfunded liability to the system. Also, the amount of creditable service may not exceed the person's actual years of service in the Regent's retirement plan. This is a fiscal retirement bill. - Authored By: Rep. Christian Coomer of the 14th - House Committee: Retirement - Rule: Modified-Open - Amendments(s): AM 21 3884 - Yeas: 92; Nays: 70 - A notice of a "Motion to Reconsider" action on this bill was given. That motion may be taken up on the next legislative day.
HB 744 - General appropriations; State Fiscal Year July 1, 2014 - June 30, 2015
- BILL SUMMARY: House Bill 744 is the $20.8 billion state budget plan for Fiscal Year 2015 beginning July 1, 2014. In the $20.8 billion state fund budget, 54.1 percent of state revenues are designated for education. Health and human services agencies are authorized to receive 23.1 percent of available funds, and 8.4 percent of revenues are allocated for public safety agencies. - Authored By: Rep. David Ralston of the 7th - House Committee: Appropriations - Rule: Modified-Open - Yeas: 169; Nays: 4
HB 758 - Bartow County; Superior Court; change terms of court
- BILL SUMMARY: HB 758 amends O.C.G.A. 15-6-3 by changing the terms of Court in Bartow County from February, August, April, and October, to February, May, August, and November. - Authored By: Rep. Christian Coomer of the 14th - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): AM 21 3880 - Yeas: 168; Nays: 0
HB 762 - Motor vehicles and traffic; procedure for passing sanitation vehicles; provide
- BILL SUMMARY: HB 762 requires that motor vehicles approaching a garbage truck in operation of its duty to both slow down and pass if allowable by law, or to stop and wait if passing is not allowed by a double yellow line. Violation of this code section would result in a fine of not more than $500.00. - Authored By: Rep. Brett Harrell of the 106th - House Committee: Motor Vehicles - Rule: Open - Yeas: 165; Nays: 2
HB 820 - Condominium associations; standing to participate in litigation under certain circumstances; clarify provisions
- BILL SUMMARY: Revision of 44-3-106(h), relating to the powers and responsibilities of condominium associations and tort actions. The added language states that standing shall not be changed in any way by any provision of any contract or document, including the condo instruments that were created prior to the expiration of the declarant's right to control the association as set forth in 44-3-101(a). - Authored By: Rep. Jay Powell of the 171st - House Committee: Judiciary - Rule: Modified-Open - Yeas: 164; Nays: 3

HB 842 - Appeal and error; payment of costs and indigency affidavits; clarify provisions
- BILL SUMMARY: Amends Article 1 of Chapter 6 of Title 5 by the allowing the $80.00 fee for criminal cases and $300.00 fee for civil cases appealed to the Georgia Court of Appeals and the Supreme Court to be waived at the time of appeal if the applicant is incarcerated, counsel for the applicant was appointed due to indigency, or affidavit of indigency is filed. - Authored By: Rep. Wendell Willard of the 51st - House Committee: Judiciary - Rule: Modified-Open - Yeas: 166; Nays: 0
HR 1055 - Biggert-Waters Flood Insurance Reform Act of 2012; repeal or amend; encourage
- BILL SUMMARY: House Resolution 1055 is an urges Congress to amend or repeal the 'Biggert-Waters Flood Insurance Reform Act of 2012.' - Authored By: Rep. Alex Atwood of the 179th - House Committee: Insurance - Rule: Modified-Open - Yeas: 147; Nays: 2
HR 1158 - Congress; establish national energy policy to strengthen access to and removal of impediment to domestic sources of energy; encourage
- BILL SUMMARY: A Resolution of the House of Representatives encouraging the Administration and Congress to establish a national energy policy that strengthens access to and removal of impediments to all available domestic sources of energy to improve its affordability and reliability. - Authored By: Rep. Chuck Martin of the 49th - House Committee: Interstate Cooperation - Rule: Open - Yeas: 163; Nays: 5
HR 1159 - Congress; establish national energy policy to strengthen access to and removal of impediment to domestic sources of energy; encourage
- BILL SUMMARY: A Resolution by the General Assembly encouraging the Administration and Congress to establish a national energy policy that strengthens access to and removal of impediments to all available domestic sources of energy to improve its affordability and reliability. - Authored By: Rep. Chuck Martin of the 49th - House Committee: Interstate Cooperation - Rule: Open - Yeas: 159; Nays: 6
* The House will reconvene Tuesday, February 18, at 10:00 AM, for its 23rd Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 23rd Legislative Day, Tuesday, February 18, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 875 - Safe Carry Protection Act; enact
- BILL SUMMARY: HB 875 amends Code Section 8-3-202, Article 2 of Chapter 3, Article 4 of Chapter 11, and Part 2 of Article 4 of Chapter 12 of Title 16, Code Section 35-3-34, and Article 3 of Chapter 3 of Title 37 of the O.C.G.A. This Act shall be known and may be cited as the "Safe Carry Protection Act". Under Part 1, it shall be unlawful as a condition of tenancy in public housing to require any prohibition or restriction of any lawful possession of a firearm within an individual dwelling. The bill also provides for the right to possess a handgun or long gun in any private passenger motor vehicle by stating that the property owner has the right to exclude or eject a person who is in possession of a weapon or long gun on their private property. The language of a place of worship and a bar is struck out from the areas deemed unauthorized for a person to carry a weapon or long gun, and stipulations for license holders to carry in government buildings, transportation furnished by a school, at school functions, and in school safety zones are provided along with exceptions. Section 1-7 of HB 875 defines a `controlled substance', `convicted', and a `dangerous drug' while listing persons who no weapons carry license shall be issued to including any person who has been convicted of a felony of this state or any other state, any person who has been adjudicated mentally incompetent to stand trial, and any person who has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17. The bill also provides for the application for weapons carry license or a renewal license, fingerprinting, investigation of a weapons carry license applicant, revocation, loss, or damage to a license, weapons carry license specifications, penalties for altering or counterfeiting of a license, licenses for former law enforcement officers, temporary renewal licenses, situations in which an applicant may seek relief when denied a license, data base prohibition, and the verification process. Section 1-9 allows for a local board of education to allow certain personnel to possess/carry weapons, but the policy shall include approval to carry and provide for training, approved list of weapons, and a method of securing weapons. This section also provides for access to a commercial service airport for a person possessing a weapon or a long gun. Section 1-11 gives the authority to regulate said weapons and long guns to the General assembly while providing certain exemption cases in which county and municipal government has the power to regulate. HB 875 further outlines the emergency powers of the governor in relation to the sale, dispensing, and transportation of alcoholic beverages, explosives, or combustibles while also amending the O.C.G.A relating to aggravated assault (16-5-21), aggravated battery (16-5-24), contributing to the delinquency of a minor (16-12-1), loitering upon school premises or within school safety zones (20-2-1180), school safety plans (20-2-1185), and private detectives and security agencies permits to carry firearms (43-38-10). - Authored By: Rep. Rick Jasperse of the 11th - House Committee: Public Safety & Homeland Security - House Committee Passed: 2/6/2014 - Rule: Modified-Structured
SB 125 - Liability of Owners/Occupier of Land; codify the duty of a possessor of land to a trespasser against harm
- BILL SUMMARY: Senate Bill 125 amends Article 1 of Chapter 3 of Title 51 by adding Code Section 51-3-3, which states that a possessor of land has no duty to a trespasser except to refrain of willful or wanton injury. However, the land possessor may still be liable to a child trespasser whos injuries where caused by an artifical condiiton on the land. Pursuant to subsection (c), states that this code section does not change the common law definition of attractive nuisance. - Authored By: Sen. Jesse Stone of the 23rd - House Committee: Judiciary - House Committee Passed: 1/28/2014 - Rule: Modified-Structured
* The Rules Committee will next meet on Tuesday, February 18, at 9:00 AM, to set the Rules Calendar for the 24th Legislative Day.

COMMITTEE ACTION REPORT
Governmental Affairs
HB 704 - South Fulton, City of; incorporate; provide charter
- BILL SUMMARY: House Bill 704 proposes the incorporation of the city of South Fulton. - Authored By: Rep. Roger Bruce of the 61st - Committee Action: Do Pass
Governmental Affairs
HB 833 - Urban Redevelopment Law; include blighted areas
- BILL SUMMARY: House Bill 833 provides that blighted areas will be included in the "Urban Development Law". - Authored By: Rep. LaDawn Jones of the 62nd - Committee Action: Do Pass
Governmental Affairs
HB 834 - Bonded debt; population Act provision relating to dates of bond elections; repeal
- BILL SUMMARY: House Bill 834 repeals subsection b. 1 from the O.C.G.A. under 36-82-1 that required county-wide bond or school bond elections in the unincorporated area of in counties with a population of 800,000 to be held on the November primary general election date unless the superior court ruled it harmful to the electors of the county. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 891 - Elections; period for advance voting prior to municipal primary or election; change
- BILL SUMMARY: House Bill 891 changes the period of early voting for municipal elections. Under this bill, early voting will begin on the second Saturday immediately prior to each primary or election and as soon as possible prior to a runoff, but not earlier than the second Saturday immediately prior to such runoff, and shall end on the Friday immediately prior to each primary, election, or runoff. Voting shall be conducted during normal business hours on weekdays during such period and shall be conducted on the second Saturday prior to a primary or election during the hours of 9:00 a.m. through 4:00 p.m. If a municipal election is held in conjunction with a county, state, or federal primary or election, then the dates would be the same as for the other elections. - Authored By: Rep. Barry Fleming of the 121st - Committee Action: Do Pass
Governmental Affairs
HB 979 - Education; provide for membership of certain boards in the event local legislation is not passed during 2014 regular session of General Assembly conforming size of boards to requirements of law; provisions
- BILL SUMMARY: House Bill 979 abolishes the two at-large school board seats in DeKalb County on January 1st 2015 unless local legislation is enacted in the 2014 Session of the General Assembly. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 899 - Unlicensed personal care homes; criminal penalties for owning or operating; provide
- BILL SUMMARY: HB 899 establishes that the commissioner or the district attorney of the judicial circuit in which an unlicensed personal care home is located may file a petition against that unlicensed personal care home. Additionally, any individual who owns or operates an unlicensed personal care home is guilty of a felony, however, a judge may impose a punishment of a misdemeanor. - Authored By: Rep. Sharon Cooper of the 43rd

- Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 910 - Community Health, Department of; authorize medical-legal partnerships; provisions
- BILL SUMMARY: HB 910 allows the Department of Community Health to award grants to medical-legal partnerships. The Bill defines medical-legal partnerships as programs established by a non-profit entity through a written agreement between at least one medical service provider and at least one legal services program. These medical-legal partnerships will provide free legal assistance to income-eligible individuals on matters involving the health of such individuals and their families. - Authored By: Rep. Trey Kelley of the 16th - Committee Action: Do Pass
Human Relations & Aging
SB 291 - Georgia Adult and Aging Services Agency; create
- BILL SUMMARY: Senate Bill 291 creates the Georgia Adult and Aging Services Board. The Board shall select a director, and the director is responsible for convening a panel of experts to address various adult and aging issues, establishing policies and procedures for the operation of the agency, establishing personal requirements and hiring executive personnel, and preparing the agency's budget reports.
The bill creates the Georgia Adult and Aging Services Agency to assume the duties, powers, and authorities previously exercised by the Division of Aging Services. The Office of Planning and Budget shall determine the amount of funds of the Division of Aging Services and transfer those funds to the Agency. The Agency is the designated state unit for administering the Older Americans Act of 1965, the Alzheimer's and Related Dementia State Plan, long-term services and supports, adult guardianship services, and all other services provided by the Division of Aging Services. The agency is authorized to use funds appropriated by Congress and gifts or grants from private agencies. The Agency shall submit an annual report to the Governor and General Assembly containing the agency's studies, accomplishments, and recommendations.
The Agency is authorized to: 1) Promote the health of older adults by working with professional associations, hospitals, and institutions. 2) Promote the rehabilitation of incapacitated adults. 3) Establish a state-wide program to promote greater and more suitable employment opportunities for older adults. 4) Plan and promote recreational facilities for older adults. 5) Encourage research by universities on problem of older adults. 6) Promote community education on the problems of older adults. 7) Provide consultation to groups developing services for older adults. 8) Serve as a communication clearing-house for information in the complex fields of human relationships with respect to older adults. 9) Participate financially in conducting demonstration projects concerned with problems of older adults. - Authored By: Sen. Renee S Unterman of the 45th - Committee Action: Do Pass
Human Relations & Aging
SB 292 - Alzheimer's Disease Registry; establish within the Department of Public Health
- BILL SUMMARY: SB 292 establishes the Alzheimer's Disease Registry within the Department of Public Health for the purpose of maintaining a central data base of individuals with Alzheimer's disease and for developing policies related to this disease. The data in the registry will be confidential, and all persons to whom the data is released shall maintain patient confidentiality. - Authored By: Sen. Renee S Unterman of the 45th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 704 - South Fulton, City of; incorporate; provide charter
- BILL SUMMARY: House Bill 704 proposes the incorporation of the city of South Fulton. - Authored By: Rep. Roger Bruce of the 61st - Committee Action: Do Pass

Judiciary
HB 670 - Trade names; require registration with the clerk of superior court; provisions
- BILL SUMMARY: Section 1: House Bill 670 amends 10-1-490, and requires persons, firms, or partnerships operating under a trade name or partnership name to file with the Clerk of Superior Court in the county where business is primarily carried on a verified statement stating the names, addresses, and nature on business conducted.
Section 2: Amends 15-6-61 by adding a new paragraph to subsection (a), establishes a state-wide electronic access to trade name registration. - Authored By: Rep. Barry Fleming of the 121st - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 701 - Child Support Recovery Act; child support and enforcement of orders; enact provisions
- BILL SUMMARY: House Bill 701 clarifies language, expands definitions, and in limited circumstances makes substantial changes to O.C.G.A. 9-6-15. In lines 151-152, veterans' disability benefits are included in the definition of income. The bill removes the limitations on who may request a low income deviation and expands those who would qualify for a possible income deviation. Even if the court rules there is economic hardship, the minimum child support shall not be less than $100.00 for one child and shall increase in $50.00 increments per additional child. House Bill 701 authorizes the Division of Child Support Services to prepare worksheets if neither parent prepares them. The legislation further changes the review period from two to four years for the basic child support obligation table. - Authored By: Rep. Timothy Barr of the 103rd - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 776 - Courts; information provided to compile state-wide master jury lists and county master jury lists; clarify
- BILL SUMMARY: House Bill 776 amends OCGA 21-2-231, 31-2A-4, 35-3-33, 40-5-2, and Title 42. Section 6 amends 15-12-12 if the Chief Judge of a circuit had the power to appoint a jury clerk, as of January 1, 2011, they shall continue to have that power. Section 8 amends 15-12-40.1 relating to state-wide master jury lists, which shall be partly gathered from DDS, registered voters, Department of Public Health, and Department of Corrections. - Authored By: Rep. Alex Atwood of the 179th - Committee Action: Do Pass
Judiciary
HB 790 - Civil practice; four-year statute of limitations for actions involving removal of timber from the property of another; provisions
- BILL SUMMARY: 9-3-32: Claims for unauthorized cutting and carrying away of timber, must be brought within 4 years of the cutting
12-6-20: Allows appointed investigators to execute search warrants and arrest warrants for criminal violations of forestry laws and to arrest, upon probable cause but without a warrant, those found violating criminal forestry laws.
51-10-6(h): Amended to allow same damages available under 5-10-6 (damages for theft or damage to personal property) for unauthorized cutting and carrying away of timber.
12-6-23: Amended to require the purchaser of removed timber to give the seller of timber a "scale" ticket for such timber within 20 days after removal.
51-11-10: Rebuttable presumption that a landowner selling timber from his land (1) will not liable for damage (2) to his or her neighbor's property (3) caused by the landowner's contractor (ie a third party who is not subject to the landowner selling timber) (4) if prior to the harvesting: the landowner provided the contractor a clear survey of the bounds of the property, and either physical markers of the boundaries were put in place, or the neighbors signed a document indicating that they agree with the landowner on what the boundaries are and a copy of that agreement was given to the contractor.

51-12-50: Damages available for converted timber: Treble the fair market value of the trees cut as they stood, treble the diminished fair market value if any trees incidentally harmed, costs of reasonable reforestation, and attorney's fees and expense of litigation. Punitive damages are available when defendant is a willful trespasser, and he or she will be presumed a willful trespasser when "the boundary lines of the property have been clearly and accurately marked." - Authored By: Rep. Chuck Williams of the 119th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 890 - Courts; sheriff to collect and deposit certain fees; provide
- BILL SUMMARY: House Bill 890 revises 15-16-21(a) and states that where the Sheriff is paid a salary only, fees shall be turned over to the county treasuer. - Authored By: Rep. Alex Atwood of the 179th - Committee Action: Do Pass
Judiciary
SR 371 - U.S. Congress; making renewed application to call for a convention for purpose of proposing an amendment to U.S. Constitution
- BILL SUMMARY: SR 371 provides for a calling for a constitutional convention as provided by Article V of the US Constitution to propose a balanced budget amendment. Accompanying legislation defining how Georgia will appoint its delegates may be found in SB 206. - Authored By: Sen. Bill Cowsert of the 46th - Committee Action: Do Pass
Judiciary Non-Civil
HB 749 - Crimes and offenses; crime of cargo theft; provide
- BILL SUMMARY: House Bill 749 creates a cargo theft offence under 16-8-22, and defines cargo theft as the unlawful taking or unlawful appropriation of any vehicle engaged in commercial transportation of cargo or any trailer, semitrailer, container, or associated equipment, which is the property of another with the intention of depriving such person of the property, regardless of the manner in which the property was appropriated. - Authored By: Rep. Geoff Duncan of the 26th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 770 - Crimes and offenses; crime of home invasion; create
- BILL SUMMARY: HB 770 amends Chapter 7 of Title 16 by creating the offense of home invasion, when, without authority and with intent to commit a forcible felony (1st degree) or forcible misdemeanor (2nd degree) therein and while in possession of a firearm, he or she enters or remains within the dwelling house of another while such dwelling house is occupied by any person with authority to be present. Adjudication of guilt or imposition of sentence shall not be suspend, probated, deferred, or withheld. - Authored By: . Chuck Efstration of the 104th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 804 - Trial proceedings; relating to testimony of a child ten years old or younger by closed circuit television and persons entitled to be present; repeal provisions
- BILL SUMMARY: House Bill 804 repeals and enacts a new OCGA 17-8-55, which relates to the conduct of trial proceedings, so as to repeal provisions relating to the testimony of a child ten years old or younger by closed circuit television and persons entitled to be present. House Bill 804 further provides for the testimony of individuals under 18 years of age outside the physical presence of an accused in criminal proceedings under certain circumstances. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute

Judiciary Non-Civil
HB 838 - Invasions of privacy; transmission of photography or video depicting nudity or sexually explicit conduct of an adult under certain circumstances; prohibit
- BILL SUMMARY: House Bill 838 amends Article 3 of Chapter 11 of Title 16 by adding a part 3 which creates the offense of intimate harassment. The elements of the offense are if the persons knowingly and without consent of the depicted person, electronically posts photograph or video which depicts nudity or sexually explicit conduct when the post is for harassment or causes financial loss to the depicted person. - Authored By: Rep. Kevin Tanner of the 9th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 911 - Crimes and offenses; strangulation as aggravated assault; add provisions
- BILL SUMMARY: HB 911 amends OCGA 16-5-21 to define and include strangulation in the offence of aggravated assault. Strangulation means impeding the normal breathing or circulation of blood by applying pressure to the throat or neck, or obstructing the nose or mouth. - Authored By: Rep. Mandi Ballinger of the 23rd - Committee Action: Do Pass by Committee Substitute

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

Tuesday, February 18, 2014

TBD

FLOOR SESSION (LD 23)

9:00 AM - 10:00 AM RULES

1:00 PM - 3:00 PM ECONOMIC DEVELOPMENT & TOURISM

1:00 PM - 2:00 PM INFORMATION & AUDITS

1:00 PM - 5:00 PM JUDICIARY NON-CIVIL

2:00 PM - 3:00 PM Utilities Subcommittee of Energy, Utilties & Telecommunications

2:00 PM - 3:00 PM Professions, Boards & Commissions Subcommittee of Regulated Industries

2:00 PM - 4:00 PM JUDICIARY CIVIL

3:00 PM - 4:00 PM GAME, FISH & PARKS

3:00 PM - 4:00 PM HIGHER EDUCATION

3:00 PM - 4:00 PM Resource Management Subcommittee of Natural Resources

3:00 PM - 4:00 PM Academic Achievement Subcommittee of Education

3:00 PM - 5:00 PM WAYS & MEANS

3:00 PM - 4:00 PM Regulations Subcommittee of Regulated Industries

3:00 PM - 4:30 PM BANKS & BANKING

4:00 PM - 6:00 PM JOINT ETHICS

5:00 PM - 6:30 PM Pak Subcommittee of Judiciary Non-Civil

HOUSE CHAMBER- 10:00am 341 CAP 341 CAP 403 CAP- CANCELED 506 CLOB 403 CAP 515 CLOB 132 CAP 403 CAP 406 CLOB 216 CAP 415 CLOB 606 CLOB 515 CLOB 341 CAP 450 CAP 506 CLOB

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