Daily report [Feb. 19, 2014]

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

TOMORROW'S FORECAST
* The House will reconvene for its 25th Legislative Day on Thursday, February 20, at 10:00 AM. * 13 bills are expected to be debated on the floor.

Wednesday, February 19, 2014

24th Legislative Day

TODAY ON THE FLOOR
RULES CALENDAR
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 - Rule: Structured - Yeas: 163; Nays: 5
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 - Rule: Modified-Structured - Amendments(s): AM 34 0626 - Yeas: 172; Nays: 2
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 - Rule: Modified-Open - Yeas: 159; Nays: 3
POSTPONED LEGISLATION
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

LOCAL CALENDAR
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 161; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 161; Nays: 2
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 - House Committee: Economic Development & Tourism - Rule: Open - Yeas: 161; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 161; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - This bill was recommitted back to the Intragovernmental Coordination committee
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 161; Nays: 2

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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 161; Nays: 2
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 - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 161; Nays: 2
* The House will reconvene Thursday, February 20, at 10:00 AM, for its 25th Legislative Day.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 25th Legislative Day, Thursday, February 20, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
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 - House Committee: Governmental Affairs - House Committee Passed: 2/17/2014 - Rule: Modified-Open
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 - House Committee: Judiciary Non-Civil - House Committee Passed: 2/17/2014 - Rule: Modified-Open
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 - House Committee: Judiciary Non-Civil - House Committee Passed: 2/17/2014 - Rule: Modified-Open

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 - House Committee: Judiciary - House Committee Passed: 2/17/2014 - Rule: Modified-Structured
HB 794 - Compact for a Balanced Budget; adopt
- BILL SUMMARY: The bill proposes to amend the US Constitution by adding a Balanced Budget requirement. To create this amendment the bill creates a compact that would bind Georgia and its legislatures with every other State and their Legislatures that agree to be bound by this compact.
Spending: the US government cannot spend more than its total receipts, unless the excess spending if financed exclusively by government issued debt via "strict conformity with this article."
Requirements: Outstanding debt cannot exceed authorized debt. (Authorized debt is initially set at 105% of the outstanding debt) (i.e. outstanding debt can only be 5% greater than it currently is.) Any issuance or incurrence of any debt in excess of the authorized debt is void.
Enforcing the Requirements: If the outstanding debt exceeds 98% of the authorized debt limit then the President must publicly designate specific expenditures to be impounded up to an amount which prevents the outstanding debt from exceeding the authorized debt. It is an impeachable misdemeanor if the President fails to designate or enforce the required impoundment.
Increasing the Debt: Congress can increase the authorized debt. But only if: (1) Within 60 days after referral to the States; (2) It is approved by a simple majority of the legislatures of the States and; (3) the approval is not conditioned, as a quid pro quo, on any inducements requiring an expenditure or tax levy.
Amending Congress's Taxing Power: Any bill for an increased general revenue tax (ie sales, income, and value-added tax but not including imposts and duties) must be approved by 2/3 roll call vote all the members of each house. However, this bill gives Congress permission to redo the whole tax system, as well as allows Congress to reduce or eliminate: tax deductions, exemptions, or credits that are allowed under an existing general revenue tax. (ie Congress cannot increase taxes by a general revenue tax, but can back door such changes through curtailing certain provisions, this also again changes Congress's taxing powers).
The Terms of Compact Contract: Through legislation a Member State may withdraw so long as less than of the States have joined the compact, once of the States have agreed to the compact, then no State can withdrawal.
Convention: This compact also contemplates the creation of a commission who can only lobby for legislation in favor of the

compact, and must meet at least once a year. It will be compromised of members from Member States (each Member Stat is entitled to have at least 3 Members in the Commission). There must be at least 2 Member States for the commission to be created. The commission will have a chief administrator, how this is determined is not stated, and he or she can appoint other people on the commission and make other rules for membership. The Commissioner can be fired by the Commission. The Commission has duties to give notice of relevant dates to parties who ask on meetings and relevant information regarding the compact (it's very ambiguous). Members must take a temporary leave of absence from public office while attending the Convention. Violation of the rules results in member forfeiture. - Authored By: Rep. Paulette Braddock of the 19th - House Committee: Judiciary - House Committee Passed: 2/4/2014 - Rule: Structured
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 - House Committee: Judiciary Non-Civil - House Committee Passed: 2/17/2014 - Rule: Modified-Open
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 - House Committee: Judiciary - House Committee Passed: 2/17/2014 - Rule: Modified-Structured
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 - House Committee: Judiciary Non-Civil - House Committee Passed: 2/17/2014 - Rule: Modified-Open
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 - House Committee: Governmental Affairs - House Committee Passed: 2/17/2014 - Rule: Modified-Structured
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 - House Committee: Judiciary - House Committee Passed: 2/18/2014 - Rule: Modified-Structured

SB 206 - Interstate Cooperation; provide for delegation from the State of Georgia to certain conventions
- BILL SUMMARY: The Georgia Code is amended to add a new code section that provides for the appointment of seven delegates when an U.S. Article V convention is called where each state of the U.S. has one vote. Two delegates are appointed each by the Speaker of the House, President of the Senate, and the Governor. A final delegate shall be chosen by an affirmative vote by four out of the six appointed delegates.
No delegate is authorized to vote on an unauthorized Amendment to the U.S. Constitution and will take an oath not to do so. If a delegate votes on an unauthorized Amendment, the delegate may be removed by a majority vote by the other delegates.
Only when each state has one equal vote in such convention, will delegates be appointed. The term of the delegates shall be only for the duration of the particular Article V convention. This shall be effective immediately after passage for the 2013-2014 biennium by means of resolution for the purpose of proposing one or more amendments to the U.S. Constitution. If said resolution is not adopted, this Act will not be effective and will stand repealed as of January 1, 2015. - Authored By: Sen. Bill Cowsert of the 46th - House Committee: Interstate Cooperation - House Committee Passed: 1/28/2014 - Rule: Modified-Structured
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 - House Committee: Judiciary - House Committee Passed: 2/17/2014 - Rule: Structured
* The Rules Committee will next meet on Thursday, February 20, at 9:00 AM, to set the Rules Calendar for the 26th Legislative Day.
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COMMITTEE ACTION REPORT
Agriculture & Consumer Affairs
HB 778 - Food service establishments; certain nonprofit charitable entities from regulation; exempt
- BILL SUMMARY: Section 1 To amend Code Section 26-3-370 of the OCGA, relating to definitions of food service establishments, so as to exempt certain non-profit, charitable entities from regulation.
The legislation provides for such term, food service establishment, shall also not include any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs 1-8 or paragraph 10 of Section 501 c of the IRS Code for the purposes of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served or transported or stored by volunteers.
Section 2 All laws and parts of laws in conflict with this Act are repealed. - Authored By: Rep. John Pezold of the 133rd - Committee Action: Do Pass by Committee Substitute

Budget and Fiscal Affairs Oversight
HR 1239 - House Development Authority Study Committee; create
- BILL SUMMARY: Creates the House Study Committee on Local Development Authorities, and charges the panel with making recommendations regarding improved governance and accountability between local governments, boards of education, the Department of Economic Development, and local development authorities. The committee will be composed of give Representatives and is authorized to meet five days before releasing recommendations. The committee will be abolished December 1, 2014. - Authored By: Rep. Matt Dollar of the 45th - Committee Action: Do Pass
Code Revision
HB 731 - J. Calvin Hill, Jr., Act; enact
- BILL SUMMARY: The goal of the Code Revision committee is to revise, modernize, and correct errors or omissions in Georgia's Code and to repeal those portions which have become obsolete, have been declared unconstitutional, or have been preempted or superseded by subsequent laws. Last year, under the direction of Rep. Calvin Hill, the officers of the committee reached out to the agency community and requested input on any antiquated sections and provisions of the Official Code of Georgia. The "J. Calvin Hill, Jr." bill is the result of this effort and is so named under Part I. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass by Committee Substitute
Education
HB 405 - Elementary and secondary education; members of governing boards of nonprofit organizations which are charter petitioners and charter schools to participate in governance training; require
- BILL SUMMARY: House Bill 405 would require members of governing boards of nonprofit organizations which are charter petitioners, charter schools, and state charter schools to participate in governance training. - Authored By: Rep. Rahn Mayo of the 84th - Committee Action: Do Pass by Committee Substitute
Education
HB 802 - County sales and use tax; comprehensive revision for educational purposes; provide
- BILL SUMMARY: This legislation gives school systems that already have a sales tax for education purposes to amend, by voter referendum, the existing tax to include educational programs and materials in the authorized purposes for expenditure of funds collected under the existing sales tax. School systems have until January 1, 2017 to amend the sales tax. This tax is not to exceed five years and the amount that goes to programs and material will not exceed 50%. Voters will decide whether to have the option to split the current education sales and use tax penny. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass by Committee Substitute
Education
HB 886 - Elementary and secondary education; local board of education and each charter school shall hold at least two public hearings on proposed budget; provide
- BILL SUMMARY: Provides that each local board of education and each charter school shall hold at least two public hearings on the proposed budget, and requires that both the proposed budget and adopted budget be posted on the Internet. Final adopted budgets shall be posted on the respective school board or school website until the next annual budget is adopted. - Authored By: Rep. Michael Caldwell of the 20th - Committee Action: Do Pass by Committee Substitute

Education
HB 897 - Elementary and secondary education; update and clarify provisions; repeal obsolete provisions
- BILL SUMMARY: HB 897 repeals, amends, and revises Title 20: 1. Repeals subsection (d) of Code Section 20-2-51. Subsection (d) prohibits any county board of education member in a county with a population between 500,000 and 600,000, according to most recent census data, from holding another elective government office. 2. 3.Clarifies that the state mandates content standards, not curriculum. Adds science and socials studies to the statemandated content standards. 4. Amends O.C.G.A. 20-2-140.1 by adding that students can register for online learning through the clearing-house established pursuant to Code Section 20-2-319.3. 5 & 6. Revises language reflecting content standards, deletes language such as competencies and core curriculum. 7. Clarifies the state mandates content standards and makes first grade readiness report optional instead of mandatory. 8. Clarifies that the state mandates content standards and repeals language regarding the middle grades program. 9. 10. 11. 12. Revises language reflecting content standards, deletes language such as competencies and core curriculum. 13. 14. 15. 16. Repeals all language pertaining to the middle grades program 17. Clarifies the state mandates content standards, not curriculum. 18. Reserved 19. Repeals and reserves Code 20-2-217 relating to professional and staff development stipends. 20. Amends Code 20-2-241 allowing the State School Superintendent to authorize the CFO to enter into contracts of $50.000 or less on behalf of DOE. 21. Clarifies the state mandates content standards, not curriculum. 22. Adds a new Code section, 20-2-244.1 which sets out definitions for students, substantial hardship, variance, and waiver. This Code section also outlines the authority of the State Board of Education to grant waivers and variances. 23. Amends subsection (b) of O.C.G.A. 20-2-260 relating to capital outlay by including expenditures for computer equipment and software. 24. Clarifies the state mandates content standards, not curriculum. 25. Clarifies the state mandates content standards, not curriculum. Revises O.C.G.A. 20-2-281 as it relates to assessments. Writing assessments shall be administered to students in grades designated by the State Board of Education and the state board will develop or adopt an alternate assessment for students with significant cognitive disabilities pursuant to Code Section 20-2-140. Deletes outdated language in section (k)(2). 26. Deletes language that was specific to the middle school program as both the middle school program and middle grades program are being funded in the same category now. 27. Reflecting the Executive Order by the Governor in 2013 to move the Governor's Honors Program to the Office of Student Achievement. 28. Clarifies the state mandates content standards, not curriculum. 29. Revises O.C.G.A. 20-2-315 by making the publication and distribution of the GaDOE annual report regarding expenditures and participation for each gender optional. 30. O.C.G.A. is amended to reflect current funding. Private and home-schooled students may enroll at no cost if appropriations are provided. If appropriations are not provided they may enroll at a cost not to exceed $250.00 per semester. Local systems are responsible for paying for their enrolled students and if said student enrolls in more than the maximum number of courses the student is subject to the cost of tuition not to exceed $250.00 per semester. 31. & 32. Eliminate duplicate language from two online clearing-house bills passing in the same year. 33. Repealing and reserving O.C.G.A. 20-2-319.5, which required the DOE to submit a report by 12/1/12, identifying the best methods and strategies to assist local boards of education in acquiring digital learning. 34. & 35. Clarifies the state mandates content standards, not curriculum. 36. Amends O.C.G.A. 20-2-690, which would require the declaration of intent to utilize the home study program to also include the local school system in which the home study program is located. 37. & 38. State Board of Education will satisfy all outstanding obligations of the local employer to the health insurance fund. 39. Currently, the local board has until April 15th to serve a teacher with a nonrenewal notice and teachers have until May 1st to inform the local board of their intentions not to renew. This section extends those deadlines from April 15th to May 15th and from May 1st to June 1st. 40. This section amends O.C.G.A. to give the State Board of Education the authority to affirm, reverse, remand, or refer to mediation and local board tribunal decision that has been appealed to the state board. 41. Adds a new paragraph to O.C.G.A. 20-2-2062 defining "charter authorizer" or "authorizer." 42. Allows for an expedited petition process for high-performing charter schools to replicate, renew, or expand their school design. Establishes twice a year charter deadlines and "shot clocks". 43. Allows the State Board of Education to set minimum standards for authorizing charter school petition. 44. Provides that all students who reside within a charter attendance zone and submit a timely application shall qualify for enrollment unless the numbers of applicants exceed the capacity of the program, class, grade level, or building. If capacity is exceeded then a random selection process will take place so that all applicants can have an equal opportunity of enrollment.

This section also defines certain categories of students a state charter school may be eligible for preferred enrollment. 45. Provides clarity of the level of local funding for locally approved charters determined by local boards. 46. This section allows the State Board of Education to post unused or underused facilities online so that a charter school or state charter school may determine if the facility is appropriate for school use. 47. Provides that all students who reside within a charter attendance zone, and submit a timely application, shall qualify for enrollment unless the numbers of applicants exceed the capacity of the program, class, grade level, or building. If capacity is exceeded then a random selection process will take place so that all applicants can have an equal opportunity of enrollment. This section also defines certain categories of students a state charter school may be eligible for preferred enrollment. 48. Allows the charter commission to establish application deadlines to submit petitions and clarifies that state charter school state-wide attendance zone also includes solely virtual instruction schools. This section revises O.C.G.A. 20-2-2064.1 by increasing the time frame the state board has to approve or deny a petition to 90 days. As the law stands, the state board now has 60 days to approve or deny a petition. 49. Clarifies 5 mil share deduction for virtual / state-charter schools is in proportion to the initial funding received. This interpretation has already been funded in governors AFY14 and FY15 budgets. Allows state charter schools to receive initial payment July 1 for enrollment growth. 50. Allows the charter commission to incorporate nonprofit corporations to aid the commission in carrying out any of its powers and accomplishing any of its purposes. - Authored By: Rep. Mike Dudgeon of the 25th - Committee Action: Do Pass by Committee Substitute
Education
HR 1109 - Sales and use tax; used for educational programs and materials in public schools upon approval of voters; provide - CA
- BILL SUMMARY: Companion legislation to HB 802 that would permit the board of education of each school system to impose, levy, and collect a sales tax for educational purposes of the school system conditioned upon approval by a majority of the qualified voters residing within the limits of the school system voting in a referendum. Amends existing provision that grants the taxing power to the "local taxing jurisdiction." This resolution also caps the maximum cost of educational programs and materials to 50 percent of the amount of net proceeds to be raised by the tax. The net proceeds of the tax shall no longer be distributed based on the ratio the student enrollment in each school district bears to the total student enrollment of all school districts in the county, but instead distributes the net tax proceeds to the board of education of the school system levying the tax. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass by Committee Substitute
Education
HR 1186 - State Board of Education and State Department of Education; successful completion of SKILLS FOR SUCCESS financial literacy class; impose requirement for high school graduation
- BILL SUMMARY: This Resolution requests that the State Board of Education and State Department of Education impose a requirement that high school students successfully complete a "Skills for Success" financial literacy class prior to graduation. The class would include components such as resume writing, job interview preparation, how to balance a checkbook, and an understanding of insurance, good work ethic, budgeting, and credit card management. Students should also have an appreciation of civic responsibilities such as voting and an understanding of the soft skills needed for employment. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass
Industry and Labor
HB 947 - Labor and industrial relations; payment of wages by credit to prepaid debit card; provisions
- BILL SUMMARY: House Bill 947 allows employers to pay employees wages by placing them on a prepaid debit card. In order to do so, they must give employees the option of direct deposit in lieu of the prepaid debit card. - Authored By: Rep. Josh Clark of the 98th - Committee Action: Do Pass

Insurance
HB 610 - Insurance; licensing and regulation of public adjusters; provide
- BILL SUMMARY: HB 610 amends the Insurance Code as it relates to the definition of "Public Adjusters". The purpose is to ensure that individuals who receive compensation for investigating, settling, or adjusting a claim on behalf of an insurer or an insured are properly licensed by the commissioner. - Authored By: Rep. Bruce Williamson of the 115th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 828 - Insurance; solicitation, release, or sale of automobile accident information; prohibit
- BILL SUMMARY: House Bill 828 prohibits the solicitation, release, or sale of car wreck information including the personal information of individuals' involved in the accident. A first time violation of this provision is a misdemeanor. Second and subsequent violations are felonies. - Authored By: Rep. Ronnie Mabra of the 63rd - Committee Action: Do Pass
Insurance
HB 920 - Unclaimed Life Insurance Benefits Act; enact
- BILL SUMMARY: House Bill 920 provides that life insurance companies shall use the federal Death Master File when making comparisons of their in-force policies, annuities, and retained asset accounts. - Authored By: Rep. Sam Teasley of the 37th - Committee Action: Do Pass by Committee Substitute
Insurance
HB 943 - Cancer Treatment Fairness Act; enact
- BILL SUMMARY: House Bill 943 creates parity with the way health insurance companies deal with oral and intravenous (IV) chemotherapy drugs. It provides that if a policy provides coverage for IV chemotherapy it will provide coverage in the same manner for oral chemotherapy drugs. - Authored By: Rep. Lee Hawkins of the 27th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 863 - Crimes and offenses; cruelty to animals and aggravated cruelty to animals; change provisions
- BILL SUMMARY: House Bill 863 amends 16-12-4 by amending the definition of animal cruelty from "unjustifiable physical pain" to "causes physical pain, suffering, or death by an unjustifiable act or omission." As to aggravated animal cruelty, the bill separates "maliciously" and "physical harm" into two separate subsections, and includes "malicious torture," "malicious administration of poison," and malicious failure to provide adequate care." As to both cruelty and aggravated cruelty, the bill provides that an adjudication of guilty in another state, territory, or foreign country, which would constitute the same offense in this state, shall be guilty of a high and aggravated misdemeanor for cruelty and one to ten years for aggravated cruelty. - Authored By: Rep. Rich Golick of the 40th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HB 965 - Georgia 9-1-1 Medical Amnesty Law; enact
- BILL SUMMARY: The purpose of this bill is to provide amnesty to individuals seeking medical assistance for a drug overdose. The bill provides definitions for "drug overdose," "drug violation," and "medical assistance." A person who seeks medical assistance for someone who is experiencing a drug overdose will be provided amnesty regarding any evidence obtained solely from seeking the medical assistance. The same standard applies for an individual seeking medical assistance for himself. - Authored By: Rep. Sharon Cooper of the 43rd - Committee Action: Do Pass by Committee Substitute

Juvenile Justice
HB 251 - Tobacco; sale of alternative nicotine products or components to minors; prohibit
- BILL SUMMARY: HB 251 prohibits the sale of electronic cigarettes and nicotine gum, patches, etc. from being sold to persons under the age of 18. - Authored By: Rep. Alan Powell of the 32nd - Committee Action: Do Pass by Committee Substitute
Juvenile Justice
HB 524 - Adoption records; issuance of copy of original birth certificate to certain adults who were adopted; provide
- BILL SUMMARY: Section 2: 31-10-14 (relating to original birth certificates for adopted persons following adoption, legitimation, or paternity determination): subsection (h): those born in Georgia, are over 18, and have had their original birth certificate removed from his or her file due to an adoption can pay a fee to receive a copy of that original birth certificate that clearly indicates it is not a certified copy nor can be used for legal purposes. Additionally, if all the above is true but the person is deceased then a parent, sibling or descendant can obtain the same copy after paying a fee. This subsection applies to all applications for original certificates for adopted persons sought on or after July 1, 2013. New definitions added. New contact preference form available for birth parents to choose whether or not they wished to be contacted by adoptee. State registrar has new duties to make the statics on who has used the privileges provided in this amendment available to the public when reasonably feasible. - Authored By: Rep. Buzz Brockway of the 102nd - Committee Action: Do Pass by Committee Substitute
Juvenile Justice
HB 674 - Assistant district attorneys and assistant public defenders; state funded positions for juvenile court; provide
- BILL SUMMARY: House Bill 674 amends Code Sections 15-18-14 and 17-12-27 of the Official Code of Georgia Annotated, which relates to the appointment of assistant district attorneys and assistant public defenders, respectively, so as to provide for state funded positions for juvenile court. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass by Committee Substitute
Juvenile Justice
HB 826 - Crimes and offenses; carrying weapons within certain school safety zones and at school functions; change provisions
- BILL SUMMARY: House 826 provides definitional changes of key terms. These new definitions are then implemented throughout various parts of the official code. The bill specifically adds a provision that requires an individual who is licensed to carry a weapon to keep their license in their immediate possession. If they are licensed, but do not have the license in their immediate possession, they may be fined no more than $10.00. Finally, the bill replaces the language "school safety zone" with a broader definition so as to expand the area of applicability for certain school related offenses. - Authored By: Rep. Ed Setzler of the 35th - Committee Action: Do Pass by Committee Substitute
Juvenile Justice
HB 898 - Interstate Compact for Juveniles; enact
- BILL SUMMARY: House Bill 898 amends Titles 39 and 49 of the O.C.G.A., which relates to minors and social services. The bill repeals the 1972 Interstate Compact on Juveniles and enacts a new Interstate Compact for Juveniles in Title 49. The bill further amends Code Section 15-11-10 and Title 49 of the Official Code of Georgia Annotated, relating to the exclusive original jurisdiction of juvenile courts and social services. - Authored By: Rep. B.J. Pak of the 108th - Committee Action: Do Pass

Juvenile Justice
HB 923 - Journey Ann Cowart Act; enact
- BILL SUMMARY: House Bill 923 amends the official code as it relates to the Georgia Child Advocate for the Protection of Children Act, child abuse, and general provisions for the Georgia Bureau of Investigation. The bill further amends Code Section 49-5-41 of the Official Code of Georgia Annotated, which relates to persons and agencies permitted access to child abuse and dependency records, and clarifies defined terms and changes provisions relating to disclosure. - Authored By: Rep. Christian Coomer of the 14th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 88 - Licenses; Class E and Class F drivers' license free of charge to qualified volunteer firefighters; provide
- BILL SUMMARY: HB 88 provides free class E or F driver's licenses to certified volunteer fireman. - Authored By: Rep. Jason Shaw of the 176th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 180 - Prestige license plates; repeal repetitive language; increase percentage of fees collected for plates allotted to currently designated charitable funds and organizations
- BILL SUMMARY: House Bill 180 changes the provisions regarding specialty license plates that share revenue with either a state agency or a non-profit organization. Currently the fee is $35 with $25 going to the state and $10 to the named beneficiary. This bill will give $25 to the beneficiary and $10 to the state. The provisions of this bill will not take effect until the year 2020. There is an exception for those plates that benefit cancer research non-profits. For them, the change will occur upon the bill being signed into law. - Authored By: Rep. Willie Talton of the 147th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 566 - Motor vehicles; temporary transporter license plates available to permit mechanics to test drive certain vehicles being serviced or repaired; make
- BILL SUMMARY: HB 566 makes temporary license plates available to auto mechanics in order to allow them to test drive motor vehicles being serviced or repaired. - Authored By: Rep. B.J. Pak of the 108th - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 753 - Motor vehicles and traffic; federal regulatory requirements; provide
- BILL SUMMARY: HB 753 is the Dpearment of Public Safety annual bill that brings Georgia Code into compliance with the federal motor carrier statute. - Authored By: Rep. Alan Powell of the 32nd - Committee Action: Do Pass by Committee Substitute
Motor Vehicles
HB 827 - Motor vehicles and traffic; Class D license holder prohibited from driving a Class C motor vehicle on public roads, streets, or highways; revise time
- BILL SUMMARY: HB 827 changes the law as it relates to a class C driver's license. Currently, class C license holders cannot drive between the hours of midnight and 6:00 am. HB 827 would change it to midnight to 5:00 am. - Authored By: Rep. Ronnie Mabra of the 63rd - Committee Action: Do Pass

Motor Vehicles
HB 878 - Motor vehicles; certain fees included in liens upon abandoned vehicles; provide
- BILL SUMMARY: House Bill 878 allows motor vehicle towing and storage companies to recover all their fees that were incurred after the sale of an abandoned motor vehicle at public auction. The current law simply allows for the collection of "reasonable" fees. This will clear up a vagueness in the law. - Authored By: Rep. Alan Powell of the 32nd - Committee Action: Do Pass
Regulated Industries
HB 825 - Alcoholic beverages; fruit growers licensed as farm wineries obtain license authorizing production of distilled spirits and fortified wines pursuant to certain conditions; permit
- BILL SUMMARY: HB 825 provides an exception to licensed farm wineries to manufacture distilled spirits and fortified wines for sale through a licensed wholesaler as long as the farm winery has no more than one tasting room on its premises. Additionally, the commissioner shall not authorize farm wineries to offer wine samples in more than one tasting room. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass
Regulated Industries
HB 887 - Tobacco products; manufacturers and importers; remove certain bonding requirements
- BILL SUMMARY: HB 887 removes the requirement that manufacturers and importers engaged in the tobacco business must file a bond of at least $1,000.00 with the commissioner. Manufacturers and importers must still exhibit their license in their place of business. - Authored By: Rep. Penny Houston of the 170th - Committee Action: Do Pass
Retirement
HB 292 - Magistrates Retirement Fund of Georgia; maximum average final monthly compensation calculated in determining benefits; establish
- BILL SUMMARY: This bill revises the benefit calculation for the maximum average final annual compensation for members of the Magistrate Fund of Georgia. Under this bill the maximum average final monthly compensation would be based on the population of the county in which the member serves. This is a fiscal retirement bill. - Authored By: Rep. Paul Battles of the 15th - Committee Action: Do Pass by Committee Substitute
Retirement
HB 601 - Judges of the Probate Courts Retirement Fund of Georgia; define certain terms; provisions
- BILL SUMMARY: This bill revises the code section relating to the Judges of the Probate Courts Retirement Funds of Georgia. This bill adds the definition of "adjusted monthly income" and "adjusted annual income." Next, this bill adds language that makes the cost of living adjustment discretionary rather than automatic. Also, the bill revises the amount of dues to be equal to 3.5 percent of the member's adjusted monthly income rather than a flat rate of $105/month. Lastly, this bill expands the collection of fines to be placed into the fund to include civil cases (was only criminal and quasi-criminal cases) before a judge of the probate court or a judge of any state court created on or after July 1, 2014. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass by Committee Substitute
Retirement
HB 761 - Public Retirement Systems Standards Law; definition of annual required contribution; change references
- BILL SUMMARY: This bill revises the Public Retirement Systems Standards Law as they relate to the annual employer contribution. This bill changes the definition of "annual required contribution" to reflect the Governmental Accounting Standards Board Statements No. 25 and 27 that went into effect June 15, 2013. This is a nonfiscal retirement bill. - Authored By: Rep. Lynne Riley of the 50th - Committee Action: Do Pass by Committee Substitute

Retirement
HB 764 - Georgia State Employees' Pension and Savings Plan; certain employees make contributions at rate of 5 percent unless otherwise specified; provide
- BILL SUMMARY: This bill revises the Georgia State Employees' Pension and Savings Plan (GSEPS). The initial contribution rate for employees who enroll in the 401(k) portion of the plan will be changed from 1% of the employee's salary to 5% in order to maximize the full state offered match. Employees may change their contribution rate at any time. This will take effect for employees hired on or after July 1, 2014. This is a nonfiscal retirement bill. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass
Retirement
HB 843 - Retirement and pensions; ensure compliance with federal laws and regulations; change certain provisions
- BILL SUMMARY: This bill reflects the change the IRS is requiring to keep the Employees' Retirement System (ERS) and the Teachers Retirement System (TRS) in compliance with IRS pension plan regulations. It replaces the detailed IRC 415 language with a statement that the plans must qualify with IRC 415 requirements. Similar changes are made to Legislative Retirement System and Judicial Retirement System (both add IRC 414 employer "pick-up" language). This is a nonfiscal retirement bill. - Authored By: Rep. Lynne Riley of the 50th - Committee Action: Do Pass
Retirement
HB 974 - Retirement and pensions; required contributions to receive service credit; change
- BILL SUMMARY: This bill revises the code section relating to the Peace Officers' Annuity and Benefit Fund. To purchase creditable service under this fund a member would owe the amount determined by the actuary so as not to create any actuarial accrued unfunded liability to the fund. Currently, members pay $20 per month plus 10 percent interest for each year compounded annually from the date service was rendered to the date of payment for all years claimed as prior service. This is a nonfiscal retirement bill. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass
State Properties
HB 91 - Government statues and monuments; additional protections; provide
- BILL SUMMARY: House Bill 91 amends Code Section 50-3-1 relating to the description of the state flag, defacing public monuments, and obstruction of Stone Mountain. The terms `Agency', `Monument', and `Officer' are defined and the language of the bill is revised to reflect the clear definitions. The bill states that no publicly owned monument, located on real property owned by the State of Georgia, shall be removed or concealed from display for the purpose of preventing the display of the same. With exception to property owners storing privately owned monuments, no entity acting without authority shall mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal, or obscure any privately owned monument, located on privately owned property. Nothing in this Code section shall prevent an agency from relocating a monument when necessary for a variety of construction projects. However, any monument relocated shall be relocated to a site of similar prominence, honor, visibility, availability, and access within the same jurisdiction in which such monument was originally located. Any person or entity that damages, destroys, or loses a monument or removes a monument without replacing it shall be liable for the full cost of repair or replacement as well as attorney's fees and court costs expended by the owner of the monument. Unless originally placed in a museum, cemetery, or mausoleum, a monument shall not be relocated to such a location. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass by Committee Substitute

State Properties
HB 495 - State Properties Code; conveyance of state property and consideration of conveyances by General Assembly; modify provisions
- BILL SUMMARY: HB 495 amends Article 2 of Chapter 16 of Title 50 of O.C.G.A relating to the State Properties Code.
`Conveyance' is defined as `the sale or other disposition of real property including a transfer of fee simple title, lease, and easement' and the definition of `Property' is expanded to include `Any real property interest titled in the name of the state.'
This legislation also states that the State Properties Commission shall have the power and duty to approve a conveyance of state property valued at $500,000.00 or less. The commission also has the power and duty to have a report prepared, which will allow the commission to arrive at a fair valuation of all properties to be conveyed. If the property is to be conveyed to a private entity the report shall include either an opinion of the value or one written appraisal of the property. If the value of the property to be conveyed is in excess of $100,000.00 a second written appraisal shall be required. Conveyances initiated prior to regular session of the General Assembly may be contained in a resolution to be submitted to the President of the Senate and the Speaker of the House and to the chairpersons of the House and Senate standing committees that regularly consider proposed legislation related to state property. The standing committees that regularly consider matters related to state property in the Senate and House of Representatives may meet outside of the regular legislative session of the General Assembly to consider property conveyance resolutions submitted by the commission. The commission shall give no less than 30 days' prior written notice, by certified mail and e-mail, to the Office of Legislative Counsel, the Speaker of the House of Representatives, the President of the Senate, the chairpersons of the House and Senate standing committees that regularly consider state property related legislation, and all members of the General Assembly whose legislative districts contain all or a portion of the property. If any of these individuals objects to the conveyance they have the power to stop the expedited process and the piece of property will go through the full conveyance process. If approved during a committee meeting, the resolutions shall be filed at the next regular session of the General Assembly and be voted on as any other bill. However, the resolution shall not be assigned to committee or amended.
This legislation also allows the commission to accept sealed bids and best and final offers for any conveyance of property and eliminates the exception allowing the Department of Labor to manage its own space. - Authored By: Rep. Calvin Hill of the 22nd - 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

TBD 8:00 AM - 9:00 AM 8:00 AM - 9:00 AM 9:00 AM - 9:30 AM 9:00 AM - 10:00 AM 12:30 PM - 1:30 PM 1:00 PM - 2:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM 2:00 PM - 4:00 PM 2:00 PM - 4:00 PM 3:00 PM - 4:00 PM 3:00 PM - 4:00 PM 3:00 PM - 5:00 PM 3:00 PM - 5:00 PM

Thursday, February 20, 2014 FLOOR SESSION (LD 25) NATURAL RESOURCES & ENVIRONMENT General Government Subcommittee of Governmental Affairs INTRAGOVERNMENTAL COORDINATION RULES ETHICS Atwood Subcommittee of Juvenile Justice ENERGY, UTILITIES & TELECOMMUNICATIONS PUBLIC SAFETY & HOMELAND SECURITY TRANSPORTATION JUDICIARY CIVIL Appropriations Higher Education SMALL BUSINESS DEVELOPMENT HEALTH & HUMAN SERVICES WAYS & MEANS

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