Daily report [Feb. 20, 2014]

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

TOMORROW'S FORECAST
* The House will reconvene for its 26th Legislative Day on Friday, February 21, at 09:00 AM. * 8 bills are expected to be debated on the floor.

Thursday, February 20, 2014

25th Legislative Day

TODAY ON THE FLOOR
RULES CALENDAR
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 - Rule: Modified-Open - Yeas: 163; Nays: 2
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 - Rule: Modified-Open - Yeas: 161; Nays: 2
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 - Rule: Modified-Open - Yeas: 109; Nays: 61
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 - Rule: Modified-Structured - This bill was recommitted back to the Committee on Rules
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 - Rule: Modified-Structured - Yeas: 169; Nays: 2
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 - Rule: Structured - Yeas: 103; Nays: 63

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 - Rule: Modified-Open - Yeas: 168; Nays: 3
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 - Rule: Modified-Structured - Yeas: 174; Nays: 0
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 - Rule: Modified-Open - Amendments(s): AM 29 2275 - Yeas: 167; Nays: 0
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 - Rule: Modified-Structured - This bill received a "Motion to Immediately Transit" to the Senate - Yeas: 111; Nays: 60
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 - Rule: Modified-Structured - Yeas: 100; Nays: 65
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 20132014 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 - Rule: Modified-Structured - Yeas: 102; Nays: 68
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 - Rule: Structured - Yeas: 108; Nays: 63
* The House will reconvene Friday, February 21, at 9:00 AM, for its 26th Legislative Day.
_____________________________________________________________________________________________________________________________________________________
COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 26th Legislative Day, Friday, February 21, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
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 - House Committee: Game, Fish, & Parks - House Committee Passed: 2/18/2014 - Rule: Modified-Open
HB 436 - Public officers; counties and municipalities provide by local law for district durational residency requirements; authorize
- BILL SUMMARY: HB 436 allows that the General Assembly may provide by local law for a district residency requirement for candidates for county or city office so long as it does not exceed 12 months residency within the district from which such candidate seeks election. - Authored By: Rep. Scot Turner of the 21st - House Committee: Governmental Affairs - House Committee Passed: 2/10/2014 - Rule: Modified-Open
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 - House Committee: Insurance - House Committee Passed: 2/19/2014 - Rule: Modified-Open

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 - House Committee: Judiciary - House Committee Passed: 2/17/2014 - Rule: Modified-Open
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 - House Committee: Game, Fish, & Parks - House Committee Passed: 2/18/2014 - Rule: Modified-Structured
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. Valerie Clark of the 101st - House Committee: Governmental Affairs - House Committee Passed: 2/17/2014 - Rule: Modified-Open
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 - House Committee: Insurance - House Committee Passed: 2/19/2014 - Rule: Modified-Structured
HR 1161 - District attorney; active-status member of State Bar of Georgia from three to seven years; increase - CA
- BILL SUMMARY: Changes the age eligibility for District Attorney Candidates from 3 years to 7 years and be an active member of the State Bar of Georgia. - Authored By: Rep. J. Caldwell of the 131st - House Committee: Judiciary - House Committee Passed: 2/6/2014 - Rule: Modified-Open
* The Rules Committee will next meet on Friday, February 21, at 8:00 AM, to set the Rules Calendar for the 27th Legislative Day.
_____________________________________________________________________________________________________________________________________________________

COMMITTEE ACTION REPORT
Health & Human Services
HB 966 - Pharmacies; licensed health practitioners prescribe opioid antagonists to certain individuals and entities pursuant to a protocol; provisions
- BILL SUMMARY: House Bill 966 allows a practitioner, pharmacist, or person acting in good faith to administer an opioid antagonist to a person at risk of experience an opioid related overdose. An opioid antagonist is approved by the Federal Food and Drug Administration and works to counter the effects of an opiate overdose. The following individuals may also administer an opioid antagonist: emergency medical technicians, paramedics, and cardiac technicians. - Authored By: Rep. Sharon Cooper of the 43rd - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 998 - Medical scholarships; revise provisions relating to scholarships and loans
- BILL SUMMARY: House Bill 998 revises the powers of the Georgia Board for Physician Workforce as it relates to medical student loans and scholarships. The bill allows students who are accepted into an accredited medical school to apply for loans or scholarships offered by the Board for Physician Workforce. The full amount of the loans and scholarships will be repaid to the State of Georgia in services rendered by the applicant by practicing his or her profession in an area of the state that is rural and underserved by primary care physicians.
The bill specifies that an applicant who is unable to obtain licensure from the Georgia Composite Medical Board to practice medicine is immediately liable to the board for all sums owed with a minimum of 12 percent interest. The board may consent to a lesser measure of damages for compelling reasons. Additionally, an applicant who fails to obtain licensure due to a breach of his or her contract will be liable for three times the total uncredited amount of their loans or scholarships. - Authored By: Rep. Matt Hatchett of the 150th - Committee Action: Do Pass by Committee Substitute
Health & Human Services
SB 65 - Mental Health; authorize licensed professional counselor to perform certain acts; secure certification
- BILL SUMMARY: Senate Bill 65 allows licensed professional counselors to admit a person for involuntary emergency evaluation of mental illness under Code Section 37-3-41. This bill also allows licensed professional counselors to admit a person for involuntary treatment for alcohol or drug abuse under Code Section 37-7-41. This legislation provides for automatic repeal in two years. - Authored By: Sen. Renee S Unterman of the 45th - Committee Action: Do Pass by Committee Substitute
Intragovernmental Coordination
HB 938 - Gwinnett County; office of chief magistrate; provide nonpartisan elections
- BILL SUMMARY: A Bill to provide for nonpartisan elections of the Chief Magistrate of Gwinnett County. - Authored By: . Chuck Efstration of the 104th - Committee Action: Do Pass
Intragovernmental Coordination
HB 939 - Gwinnett County; office of probate judge; provide nonpartisan elections
- BILL SUMMARY: A Bill to provide for nonpartisan elections of the Probate Judge of the Probate Court of Gwinnett County. - Authored By: . Chuck Efstration of the 104th - Committee Action: Do Pass

Intragovernmental Coordination - Local
HB 953 - Gwinnett Judicial Circuit; salary supplements for judges; change provisions
- BILL SUMMARY: A Bill to amend an Act providing a compensation supplement to the judges of the Gwinnett Judicial Circuit. - Authored By: Rep. B.J. Pak of the 108th - 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 by Committee Substitute
Intragovernmental Coordination - Local
HB 997 - Early County; board of elections and registration; provide
- BILL SUMMARY: A Bill to provide for a Board of Elections and Registration for Early County and to provide for its powers and duties. - Authored By: Rep. Gerald Greene of the 151st - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 999 - Dacula, City of; change the corporate boundaries
- BILL SUMMARY: A Bill to create a new charter for the City of Dacula. - Authored By: . Chuck Efstration of the 104th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1001 - Rome, City of; levy excise tax
- BILL SUMMARY: A Bill to authorize the City of Rome to levy a hotel/motel tax. - Authored By: Rep. Katie M. Dempsey of the 13th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1002 - Jeffersonville, City of; provide new charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Jeffersonville. - Authored By: Rep. James Epps of the 144th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1003 - Irwinton, City of; provide new charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Irwinton. - Authored By: Rep. James Epps of the 144th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1012 - Metter, City of; increase the excise tax
- BILL SUMMARY: A Bill to authorize the City of Metter to levy a hotel/motel tax. - Authored By: Rep. Butch Parrish of the 158th - Committee Action: Do Pass

Intragovernmental Coordination - Local
HB 1015 - Concord, City of; increase term of office of mayor and city councilmembers
- BILL SUMMARY: A Bill to create a new charter for the City of Concord. - Authored By: Rep. J. Caldwell of the 131st - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1016 - Fairburn, City of; Redevelopment Powers Law; provide for referendum
- BILL SUMMARY: A Bill to authorize the City of Fairburn to exercise all redevelopment powers as permitted under the State Constitution and the Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Sharon Beasley-Teague of the 65th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1017 - Fairburn, City of; levy an excise tax
- BILL SUMMARY: A Bill to authorize the City of Fairburn to levy a hotel/motel tax. - Authored By: Rep. Sharon Beasley-Teague of the 65th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1018 - Hart County; create board of elections and registration
- BILL SUMMARY: A Bill to create a board of elections and registration for Hart County and to provide for its powers and duties. - Authored By: Rep. Alan Powell of the 32nd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1019 - Hartwell, City of; levy an excise tax
- BILL SUMMARY: A Bill to authorize the City of Hartwell to levy a hotel/motel tax. - Authored By: Rep. Alan Powell of the 32nd - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1022 - Oak Park, City of; provide for new charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Oak Park. - Authored By: Rep. Butch Parrish of the 158th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1028 - Cobb County; Board of Commissioners; change description of districts
- BILL SUMMARY: A Bill to reapportion the Cobb County Board of Commissioners. - Authored By: Rep. Ed Setzler of the 35th - Committee Action: Do Pass
Judiciary
HB 438 - Court-referred alternative dispute resolution programs; legal costs; increase maximum amount of additional cost
- BILL SUMMARY: House Bill 438 amends Code Section 15-23-7(a) relating to the collection of additional fees in civil cases for the purpose of providing court-connected or court-referred ADR programs. The fee cap is raised from $7.50 to not more than $10.00. - Authored By: Rep. Jay Powell of the 171st - Committee Action: Do Pass

Judiciary
HB 504 - Motor vehicles; failure to use safety belts may be admitted into evidence under certain circumstances; provide
- BILL SUMMARY: House Bill 504 amends O.C.G.A. 40-8-76.1(d), and allows that an occupant in the front seat of a passenger vehicle, who fails to wear a seat belt, can be used as a fact to mitigate damages if the court finds that the occupant was 18 years old and not wearing a safety belt by clear and convincing evidence. The party seeking to introduce evidence that the occupant was 18 years of age shall file a motion within 30 days after discovery. - Authored By: Rep. B.J. Pak of the 108th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 643 - Georgia Civil Practice Act; general provisions governing discovery; change provisions
- BILL SUMMARY: House Bill 643 amends OCGA 9-11-26 and explicitly provides that e-discovery can be privileged and receive protective orders based along same lines as other discovery protections. For spoliation claims regarding e-discovery attorneys' fees, negative jury instruction, and dismissal are available remedies depending on how egregious the spoliation is. Subpoenas may specify the form in which e-discovery is produced, if it does not specify, then it must be produce in a form that it is either ordinarily maintained or reasonably usable. A responding person cannot be required to produce: the same information in more than one form, and e-discovery not reasonably accessible due to undue burden or cost.
House Bill 643 provides new provisions for discovery meetings, conferences, and plans. At the meeting the parties must discuss the nature and basis of claims and ability to resolve promptly, resolve issues over preservation, scope of discovery, and discuss a discovery plan. If party fails to participate in good faith in the framing of a discovery plan sanctions are available.
Scope of Discovery is changed from an itemized list of what is discoverable to a more inclusive language of designated documents, electronically stored information, or tangible things which constitute or contain matters within the scope of subsection (b) of Code Section 9-11-26 and which are in the possession, custody, or control of the party upon whom the request is served. Still includes entry upon land for inspection and other purposes. - Authored By: Rep. Wendell Willard of the 51st - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 854 - Condominiums; amount permissable as a special assessment fee; change
- BILL SUMMARY: House Bill 854 amends Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums to change the amount permissible to charge as a special assessment fee. The fee shall not exceed one-sixth of the annual common expense assessment for the unit levied pursuant to subsection of this Code section per fiscal year without the approval of a majority of the unit owners. - Authored By: Rep. Matt Dollar of the 45th - Committee Action: Do Pass
Judiciary
HB 953 - Gwinnett Judicial Circuit; salary supplements for judges; change provisions
- BILL SUMMARY: A Bill to amend an Act providing a compensation supplement to the judges of the Gwinnett Judicial Circuit. - Authored By: Rep. B.J. Pak of the 108th - Committee Action: Do Pass
Judiciary
HB 977 - Civil practice; provide filings that contain redacted information; provisions
- BILL SUMMARY: House Bill 977 amends Articles 3 and 10 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, so that paper and electronic filings with the court may have the all but the last four digits of a: social security number, taxpayer identification number, financial account number, individual's birth year, and a minor's initials redacted. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute

Natural Resources & Environment
HB 904 - Natural Resources, Department of; persons are not aggrieved by listings on hazardous site inventory that occur after a certain date; establish
- BILL SUMMARY: This bill amends O.C.G.A. 12-2-2 by adding a new provision stating that persons are not aggrieved or adversely affected by the listing of property in the hazardous site inventory unless the property was listed in the hazardous site inventory prior to July 1,2014, and unless or until the director seeks to recover response costs, enforce the order, or recover a penalty for violation of such order.
The bill also adds language stating that any person aggrieved or adversely affected by any such listing occurring after July 1, 2014, shall be entitled to a hearing as provided in O.C.G.A. 12-8-73. - Authored By: Rep. Tom McCall of the 33rd - Committee Action: Do Pass
Natural Resources & Environment
HB 908 - Tire disposal restrictions; extend sunset date for tire fees
- BILL SUMMARY: This bill extends the tire fee collection until June 30, 2019. - Authored By: Rep. Lynne Riley of the 50th - Committee Action: Do Pass
Natural Resources & Environment
HB 957 - Georgia Brownfield Act; enact
- BILL SUMMARY: This bill changes the name of the "Georgia Hazardous Site Reuse and Redevelopment Act" to the "Georgia Brownfield Act". It extends the limitation of liability provided under O.C.G.A. 12-8-207 to also benefit a qualifying purchaser who applies for a limitation of liability within 30 days following property acquisition in the qualifying property and receives the EPD director's approval of a prospective purchaser corrective action plan or concurrence with a certification of compliance. The bill also clarifies that the limitation of liability survives any subsequent change in the nature of the prospective purchaser's interest in the qualifying property, and automatically inures to the benefit of heirs, assignees, successors in title, and designees of the person to whom the limitation of liability is granted and to any person acquiring any other property interest in the property for which the limitation of liability was granted. Also, any title transfer for a property or portion of property for which a limitation of liability has been granted to any party that would be disqualified from obtaining a limitation of liability for that property shall terminate the applicable limitation of liability to the transferor. The limitation of liability provided also applies to any qualifying prospective purchaser who, after May 1, 2012, has applied for a limitation of liability for a qualifying property and who later obtains the EPD director's approval of a prospective purchaser corrective action plan or concurrence with a certification of compliance. - Authored By: Rep. Chuck Williams of the 119th - Committee Action: Do Pass by Committee Substitute
Public Safety & Homeland Security
HB 803 - Law enforcement agencies; develop policies addressing how peace officers shall negotiate their encounters with domesticated pet animals; require
- BILL SUMMARY: House Bill 803 amends Title 35 of the O.C.G.A. by stating that, on and after July 1, 2014, a state, county, and local law enforcement agency shall adopt written policies that set forth the manner in which peace officers employed/appointed by the law enforcement agency shall negotiate encounters with animals as well as develop methods to allow for control/neutralization of an animal that is or could become aggressive. The methods must utilize the least amount of force or likelihood of harm to the animal. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass by Committee Substitute

Public Safety & Homeland Security
HB 872 - Evidence; privileged communication between law enforcement and peer counselors under certain circumstances; create
- BILL SUMMARY: House Bill 872 amends Chapter 5 of Title 24 of the O.G.C.A. to create privileged communication between law enforcement officers and peer counselors under certain circumstances. The bill defines client, immediate family, and peer counselor while stating that communications between a client and peer counselor shall be privileged and not disclosed unless certain exceptions are met. - Authored By: Rep. Terry Rogers of the 10th - Committee Action: Do Pass
Public Safety & Homeland Security
HB 907 - Public Safety, Department of; intergovernmental agreement to regulate taxicabs in certain circumstances; provisions
- BILL SUMMARY: HB 907 amends Chapter 60 of Title 36 of the O.C.G.A. so as to provide for the Department of Public Safety by intergovernmental agreement to regulate taxicabs in certain circumstances. The bill defines a limousine carrier ride share driver, taximeter, taxi service, and a transportation referral service while providing for exceptions of a transportation referral service provider and states that the General Assembly finds that it is in the public interest to regulate transportation referral service providers to ensure safety and protection of the public. HB 907 requires that each transportation referral service register with the Department of Public Safety as well as conduct criminal background checks, conduct their own safety inspections over specific parts of the vehicle, and have some form of liability insurance for these transportation services. Further the bill calls for a study committee to be formed by the appointment of both the Speaker of the House and the President of the Senate to study the best method of taxation for taxi services, limousine carriers, and ride share drivers. - Authored By: Rep. Alan Powell of the 32nd - Committee Action: Do Pass by Committee Substitute
Transportation
HB 960 - Local government; provide for use of surface transportation projects in urban redevelopment areas; provisions
- BILL SUMMARY: HB 960 amends Chapter 61 of Title 36 of the O.C.G.A. relating to urban redevelopment for counties and municipal corporations by adding surface transportation projects to the definition of rehabilitation/conservation in accordance of an urban redevelopment plan. The bill further allows a municipality or county to afford maximum opportunity to the rehabilitation or redevelopment of the urban redevelopment area by private enterprise while also outlining the procedure relating to the disposal of property in a redevelopment area with respect to and for the benefit of advancing surface transportation projects. This bill is crafted to apply solely to streetcar/light-rail projects in the City of Atlanta. - Authored By: Rep. Jay Roberts of the 155th - Committee Action: Do Pass
Transportation
HB 1009 - State sales and use tax; applicability of exemption to local sales and use tax cap for a county that levied a tax for purposes of a metropolitan area system of public transportation; extend date
- BILL SUMMARY: HB 1009 amends Part 1 of Chapter 8 of Title 48 of the O.C.G.A by extending the date to November 1, 2016 for the applicability of an exemption to the local sales and use tax cap for a county that levied a tax for the purposes of a metropolitan area system of public transportation. - Authored By: Rep. Mike Glanton of the 75th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 295 - Ad valorem taxation; provide comprehensive revision of provisions
- BILL SUMMARY: This bill provides for a comprehensive revision of the provisions of the state ad valorem tax. A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia, relating to revenue and taxation, so as to provide for the use of electronic tax bills; to provide for certain provisions relating to history and proposed millage rate(s) to be published on the local governments website; to change certain provisions relating to time period of proposed millage rate and five year history published; to change certain provision relating to submission of the tax digest; to provide for certain provisions relating to county intergovernmental agreements for sharing resources; to provide for a prohibition on contactors valuation services; to provide for certain relating to specified training of contractors; to change certain provisions relating to appeals assessment lock; to provide for certain provision relating to the submission of the tax digest; to change certain provisions relating to the threshold of filing an appeal with a hearing value; to provide for certain provisions relating to the rate on annual assessment notice; to provide for certain provisions relating to requests for setting property fair market value and to provide for certain actions; to change certain provisions relating to Board of Equalization requirements of the board; to provide for certain provisions for maintaining appeal notifications; to provide certain provisions for publishing and updating of a manual; to provide for certain provisions relating to uniform notice for changes in assessment; to provide for certain provisions relating to assessors response to appeals; to change certain provisions relating to imposed penalties; to provide for certain provisions relating to the hearing of multiple appeals; to provide for certain provisions relating to hearing officer requirements; to provide for certain requirements relating to appraisal rejections and agreements; to provide for certain provisions relating to arbitration hearing location and rescheduling; to change certain provisions relating to the calculation of temporary tax bills during appeals; to change certain provisions relating to settlement conferences appeals; to provide for certain provisions relating to an investigation of complaints; to change certain provisions relating to assessments based upon ad valorem tax levy; to change certain provisions relating to deadlines for mobile home location permit; to provide for certain provisions to increase penalties for failure to display certain mobile home decals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. - Authored By: Rep. Paul Battles of the 15th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 390 - Sales and use tax; ceiling on local taxes which may be levied by a political subdivision; provide for additional exemption
- BILL SUMMARY: This legislation would allow for an exemption to the cap on sales taxes that may levied within a county, so as to allow a county that has both a HOST and the Marta tax to be able to impose an additional one cent sales tax. - Authored By: Rep. Rahn Mayo of the 84th - Committee Action: Recommitted to Subcommittee
Ways & Means
HB 412 - Revenue and taxation; option to taxpayer to receive bills or subsequent notices via electronic transmission; provide
- BILL SUMMARY: This legislation allows for county Tax Commissioners to offer the ability for taxpayers to opt in for receiving their tax bills and notifications electronically. - Authored By: Rep. Brett Harrell of the 106th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 658 - Revenue and taxation; repeal Chapter 12 relating to estate tax
- BILL SUMMARY: This legislation removes from the code references to the estate tax (48-12-1), but does not affect any tax that was to be collected prior to December 31, 2004. - Authored By: Rep. B.J. Pak of the 108th - Committee Action: Do Pass by Committee Substitute

Ways & Means
HB 755 - Ad valorem tax; revised definition of forest land fair market value; provisions
- BILL SUMMARY: This legislation amends the original language of the Forest Land Protection Act. Additionally if there is an appeal of a FLPA property, the final determination becomes the final valuation for purposes for the 2008 local assistance grants. - Authored By: Rep. Jay Powell of the 171st - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 757 - Ad valorem tax; use of certain property for collection and conversion of solar energy shall not constitute breach of conservation use covenants; provide
- BILL SUMMARY: This legislation alters the CUVA statute so as to allow land owners who have property in a covenant, who wish to install solar power panels, to remove such property from the covenant without causing a breech and the property will then be taxed at the FMV. - Authored By: Rep. Jay Powell of the 171st - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 782 - Facilitating Business Rapid Response to State Declared Disasters Act of 2014; enact
- BILL SUMMARY: This legislation provides for the ability for utility contractors who come into the state or travels to another state during times of a natural disaster to pay and file taxes in their home states. This only applies during times of a natural disaster and immediate clean-up and restoration of services. - Authored By: Rep. Bruce Williamson of the 115th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 900 - State sales and use tax; consumable supplies used in manufacturing; include
- BILL SUMMARY: This legislation clarifies 48-8-3.3 so as to provide for an exemption for consumable supplies that are used in conjunction with qualified manufacturing machinery. - Authored By: Rep. Brett Harrell of the 106th - Committee Action: Do Pass
Ways & Means
HB 918 - Revenue and taxation; define terms "Internal Revenue Code" and Internal Revenue Code of 1986"; provisions
- BILL SUMMARY: This is the annual Internal Revenue Code update bill which just alters years within the code, due to no tax actions on the federal level there is no significant changes in the annual update. Additional, the legislation contains the requirement for payroll processors, who file more than 250 withholding registrations, that these registrations be filed electronically. - Authored By: Rep. Allen Peake of the 141st - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 1009 - State sales and use tax; applicability of exemption to local sales and use tax cap for a county that levied a tax for purposes of a metropolitan area system of public transportation; extend date
- BILL SUMMARY: HB 1009 amends Part 1 of Chapter 8 of Title 48 of the O.C.G.A by extending the date to November 1, 2016 for the applicability of an exemption to the local sales and use tax cap for a county that levied a tax for the purposes of a metropolitan area system of public transportation. - Authored By: Rep. Mike Glanton of the 75th - 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.

COMMITTEE MEETING SCHEDULE

TBD 7:30 AM - 8:00 AM 8:00 AM - 9:00 AM 8:30 AM - 9:00 AM 1:00 PM - 3:00 PM 1:00 PM - 5:00 PM

Friday, February 21, 2014 FLOOR SESSION (LD 26) ECONOMIC DEVELOPMENT & TOURISM RULES Pak Subcommittee of Judiciary Non-Civil Environmental Quality Subcommittee of Natural Resources Setzler Subcommittee of Judiciary Non-Civil

HOUSE CHAMBER- 9:00am 406 CLOB 341 CAP 415 CLOB 606 CLOB 132 CAP

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