Daily report [Feb. 18, 2014]

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

TOMORROW'S FORECAST
* The House will reconvene for its 24th Legislative Day on Wednesday, February 19, at 10:00 AM. * 4 bills are expected to be debated on the floor.

Thursday, February 20, 2014

23rd 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 - A "Motion to Reconsider" was adopted, and then a "Motion to Table" was adopted as well, so this bill can be taken back up by the House at another time.
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.
According to Section 1-8 of HB 875, no person shall enter the restricted access area of a commercial service airport, in or beyond the airport security screening checkpoint, knowingly possessing or knowingly having under his or her control a weapon or long gun. A non-licensed holder who violates this Code section shall be guilty of a misdemeanor while license holder who violates this Code section shall be guilty of a misdemeanor; provided, however, that a license holder who immediately leaves the restricted access area upon notification that he or she is in possession of a weapon or long gun shall not be guilty of violating this Code section.
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 - Rule: Modified-Structured - Amendments(s): AM 28 1296 - Yeas: 119; Nays: 56

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 - Rule: Modified-Structured - Yeas: 167; Nays: 0
* The House will reconvene Wednesday, February 19, at 10:00 AM, for its 24th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 24th Legislative Day, Wednesday, February 19, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HB 683 - Income tax; certain allocations to owners of certain entities shall be governed by Georgia law; provide
- BILL SUMMARY: This legislation would clarify the Low Income Housing tax credit (48-7-29.6), to ensure that a members of an entity who receive such credits, may utilize their allocated credits and that an IRS determination of member is not necessary to use such a credit. - Authored By: Rep. John Carson of the 46th - House Committee: Ways & Means - House Committee Passed: 2/6/2014 - Rule: Structured
HB 697 - HOPE; revise amount of grants; equal student's cost of tuition
- BILL SUMMARY: This bill defines "Zell Miller Grant Scholar" as a student who meets the requirements to receive a HOPE grant and earns at least a 3.5 cumulative GPA at the end of any semester or quarter. Under this bill, if a student is determined to be a Zell Miller Grant Scholar, the student will be awarded the difference between the awarded HOPE amount and the then current academic year standard undergraduate tuition at the institution to be paid, or, for programs with exceptional tuition rates in effect on January 1, 2014, the exceptional tuition rate amount in effect on January 1, 2014.
Zell Miller Grant eligibility will be determined on a semester or quarterly basis and paid for the next semester or quarter in which the student is enrolled. If the student was not eligible to be a Zell Miller Grant Scholar because he or she had no cumulative GPA, then the student will also receive one semester or quarter of retroactive payment. - Authored By: Rep. Stacey Evans of the 42nd - House Committee: Appropriations - House Committee Passed: 2/11/2014 - Rule: Modified-Structured
HB 775 - Highways, bridges and ferries; creation of transit authority within metropolitan areas; repeal population provision
- BILL SUMMARY: HB 775 amends Code Section 32-9-9 of the O.C.G.A. relating to the creation of the transit authority within a metropolitan area by repealing a population provision in which "metropolitan area" means the area of any city within this state, along with the area's suburban to such city as each suburban area shall be delimited by special Act of the General Assembly. The bill also requires an intergovernmental agreement between the transit authority or county public transit provider currently in operation and the new transit authority so that the new transit authority will be able to commence and continue operations under Code Section 32-9-9. - Authored By: Rep. John Carson of the 46th - House Committee: Transportation - House Committee Passed: 2/6/2014 - Rule: Modified-Open

HB 788 - Ad valorem tax; property owned by University System of Georgia operated by third party; provide exemption
- BILL SUMMARY: This legislation amends 48-5-41 to provide from a real property ad valorem exemption for properties held in title by the Board of Regents of Georgia but that are leased to a third party for purposes of operating such properties. Additionally the legislation provides for a ballot referendum and such ballot question. - Authored By: Rep. Lynne Riley of the 50th - House Committee: Ways & Means - House Committee Passed: 2/6/2014 - Rule: Modified-Structured
* The Rules Committee will next meet on Wednesday, February 19, at 9:00 AM, to set the Rules Calendar for the 25th Legislative Day.
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COMMITTEE ACTION REPORT
Economic Development & Tourism
HB 978 - Georgia International and Maritime Trade Center Authority; change provisions relating to membership
- BILL SUMMARY: This bill amends the Georgia International and Maritime Trade Center Authority by providing provisions for membership and term limits of the authority. The membership of the Authority should consist of one member appointed by each member of the Georgia General Assembly representing a portion of Chatham County, one member appointed by the majority vote of the Board of Commissioners of Chatham County and one member appointed by the majority vote of the mayor and aldermen of the City of Savannah. The president of the Savannah Economic Development Authority and the president of the Savannah Area Convention and Visitors' Bureau shall both serve as ex officio and have a vote. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
Economic Development & Tourism
HR 1038 - Georgia Department of Education and others; place Georgia at the forefront of the return of manufacturing to the United States; recognize and encourage
- BILL SUMMARY: A resolution encouraging DOE, TCSG, USG, DCA, and Gov.'s Office of Workforce Development to place Georgia at the forefront of the return of manufacturing in the U.S. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
Game, Fish, & Parks
HB 423 - Game and fish; live raccoons may be used in sanctioned organization field trial competitions under certain circumstances; provide
- BILL SUMMARY: HB 423 amends Code Section 27-2-11, relating to game-holding permits, to allow the department to issue a game-holding permit for the holding of live raccoons for use in organized and sanctioned field trial events. The department may impose conditions and requirements as it determines necessary. It also states that it shall be unlawful for any person to release a game animal or game bird being held with a game-holding permit or to maintain a game animal or game bird being held with a game-holding permit in a manner that poses a reasonable risk of release or escape. - Authored By: Rep. Stephen Allison of the 8th - Committee Action: Do Pass by Committee Substitute

Game, Fish, & Parks
HB 783 - Game and fish; provisions relating to rules and regulations used to establish criminal violations; update
- BILL SUMMARY: House Bill 783 amends Code Section 27-3-7, relating to hunting under the influence of alcohol or drugs, by revising the implied consent warning read at the time a chemical test is requested. The revised implied consent warning stipulates that the individual being tested must be convicted of hunting under the influence of drugs or alcohol in order for his or her privilege to hunt to be suspended. The bill also updates the date of which the rules and regulations of the Board of Natural Resources are in force and effect from February 5, 2013 to January 1, 2014. - Authored By: Rep. Bill Hitchens of the 161st - Committee Action: Do Pass
Higher Education
HB 490 - Teacher health insurance plans; contract with local employers to librarians and other personnel employed by regional and county libraries; expand board authorization
- BILL SUMMARY: This bill allows the local board to contract with local employers for the inclusion of regional and county library employees with any health insurance plan allowed under subpart 2 of Article 17 in Title 20. It is the local employers duty to deduct from the salary payment required under the health insurance plan if a contract is entered into. This only includes library employees that work 30 hours or more per week.This legislation is expected to save local governments an estimated maximum savings of $1.66 million annually according to the Fiscal Note by the Department of Audits and Accounts. - Authored By: Rep. Timothy Barr of the 103rd - Committee Action: Do Pass by Committee Substitute
Higher Education
HB 763 - Georgia Military College; legislative intent language regarding certain postsecondary study beyond second year level; revise
- BILL SUMMARY: The bill allows Georgia Military College to develop a Bachelor's of Applied Sciences (BAS) degree program and to partner with the Technical College System of Georgia in counties where a Board of Regents institution is not currently offering said degree. - Authored By: Rep. James Epps of the 144th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination - Local
HB 944 - Douglas County; board of elections and registration; composition of board and selection and appointment of members; provide
- BILL SUMMARY: A Bill to amend the Act creating the Douglas County Board of Elections and Registration so as to provide for the composition of the board and the selection and appointment of its members. - Authored By: Rep. K. Alexander of the 66th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 976 - Fayetteville, City of; levy an excise tax
- BILL SUMMARY: A Bill to authorize the City of Fayetteville to levy a hotel/motel tax. - Authored By: Rep. Virgil Fludd of the 64th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 978 - Georgia International and Maritime Trade Center Authority; change provisions relating to membership
- BILL SUMMARY: This bill amends the Georgia International and Maritime Trade Center Authority by providing provisions for membership and term limits of the authority. The membership of the Authority should consist of one member appointed by each member of the Georgia General Assembly representing a portion of Chatham County, one member appointed by the majority vote of the Board of Commissioners of Chatham County and one member appointed by the majority vote of the mayor

and aldermen of the City of Savannah. The president of the Savannah Economic Development Authority and the president of the Savannah Area Convention and Visitors' Bureau shall both serve as ex officio and have a vote. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 986 - Lowndes County State Court; provide additional judge; provisions
- BILL SUMMARY: A Bill to amend an Act establishing the State Court of Lowndes County, so as to provide an additional judge for said court; to provide for the election and terms of office for the judges of said court; to provide for compensation. - Authored By: Rep. Ellis Black of the 174th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 989 - Alpharetta, City of; levy an excise tax
- BILL SUMMARY: A Bill to authorize the City of Alpharetta to levy a hotel/motel tax. - Authored By: Rep. Chuck Martin of the 49th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 995 - Scotland, City of; provide four-year terms for mayor and council members
- BILL SUMMARY: A Bill to amend an Act incorporating the City of Scotland. - Authored By: Rep. Jimmy Pruett of the 149th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 307 - Town of Thunderbolt; provide for homestead exemption; municipal purposes
- BILL SUMMARY: A Bill to provide a homestead exemption from the Town of Thunderbolt ad valorem taxes for municipal purposes in the amount of the assessed value of the homestead for residents of that town who are 65 years of age or older and whose income does not exceed $30,000. - Authored By: Sen. Earl "Buddy" Carter of the 1st - Committee Action: Do Pass
Judiciary
HB 449 - Agency records disclosure; change certain provisions relating to 9-1-1 calls
- BILL SUMMARY: House Bill 449 amends Code Section 50-18-72(a), by adding new paragraph (26.1)(A). The new paragraph expands records that need not be disclosed to the public to included 9-1-1 telephone calls which contain cries in extremis or speech in distress of a caller who died during the call or the speech or cries of a person who was a minor at the time.
The records need not be turned over except to: a. representative of deceased estate's caller; b. parent or legal guardian of a minor; c. accused in a criminal case where the call is relevant to criminal proceedings; d. party to a civil action where the call is relevant; e. attorney for any person identified in a-d or; f. an attorney who may pursue a civil action and with a good faith belief the call is relevant. - Authored By: Rep. Micah Gravley of the 67th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 889 - Courts; civil action for damages; provide
- BILL SUMMARY: Provides a provision in the offical code creating a civil action for the unlicensed practice of law with includes expenses of litigation. - Authored By: Rep. Tom Weldon of the 3rd - Committee Action: Do Pass

Judiciary
HB 973 - Medicaid; changes to civil penalties for false or fraudulent claims; provisions
- BILL SUMMARY: HB: 973: amends OCGA 49-4-7B relating to false Medicaid claims. If a person knowingly or conspires to file a false claim or otherwise defraud Medicaid to receive assistance when the person does not qualify that person shall be liable to the State of Georgia for a civil penalty of a minimum $5,500.00 and maximum of $11,000.00 for each false or fraudulent claim. However, no more than two times the amount of actual damages to Georgia Medicaid resulting from such fraud shall be imposed where the person negligently filed a false claim, is notified of the discrepancy, and within 30 days of notification but before having actual knowledge of a plan to investigate or actual commencement of an investigation or suit relating to such claims, fully cooperates with any government investigation into the violation. Also amends OCGA 49-4-168.2 (l) to provide that Attorney General pursuing civil actions by private persons can only do so where the civil claimant discloses the fraud prior to public disclosure or where the claimant voluntarily provides independent material that adds to the public disclosure - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 986 - Lowndes County State Court; provide additional judge; provisions
- BILL SUMMARY: A Bill to amend an Act establishing the State Court of Lowndes County, so as to provide an additional judge for said court; to provide for the election and terms of office for the judges of said court; to provide for compensation. - Authored By: Rep. Ellis Black of the 174th - Committee Action: Do Pass
Judiciary
HR 1215 - Congress; convention of states under Article V of United States Constitution; apply
- BILL SUMMARY: Applying for a convention of the states under Article V of the United States Constitution. - Authored By: Rep. Buzz Brockway of the 102nd - Committee Action: Do Pass
Ways & Means
HB 153 - Local option sales tax; taxes to be imposed at a rate of less that 1 percent; allow
- BILL SUMMARY: This legislation would allow counties to impose fractional SPLOST. The rate may be less than 1% and must be in increments of .05%. Before a county can call for a referendum of a rate of less than 1%, the county must enter into intergovernmental agreements with all the cities within the county. - Authored By: Rep. John Carson of the 46th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 816 - Sales and use tax; change a certain definition
- BILL SUMMARY: This legislation seeks to clarify 48-8-2 so as to ensure that postage is not included in the taxable sale of direct mail, when the value of postage is separately itemized line item and not marked up by the seller. - Authored By: Rep. Bruce Williamson of the 115th - Committee Action: Do Pass
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.

COMMITTEE MEETING SCHEDULE

TBD 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 8:00 AM - 9:30 AM 9:00 AM - 10:00 AM 1:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM 3:00 PM - 4:00 PM

Wednesday, February 19, 2014 FLOOR SESSION (LD 24) AGRICULTURE & CONSUMER AFFAIRS Fleming Subcommittee of Judiciary Civil INSURANCE Setzler Subcommittee of Judiciary Non-Civil RULES JUDICIARY NON-CIVIL CODE REVISION RETIREMENT STATE PROPERTIES INDUSTRY & LABOR BUDGET & FISCAL AFFAIRS JUVENILE JUSTICE EDUCATION MOTOR VEHICLES Jacobs Subcommittee of Judiciary Civil REGULATED INDUSTRIES

HOUSE CHAMBER 403 CAP 132 CAP 606 CLOB 506 CLOB 341 CAP 132 CAP 415 CLOB 515 CLOB 403 CAP 606 CLOB 506 CLOB 406 CLOB 606 CLOB 515 CLOB 403 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.