Daily report [Mar. 12, 2014]

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

TOMORROW'S FORECAST
* The House will reconvene for its 38th Legislative Day on Thursday, March 13, at 10:00 AM. * 8 bills are expected to be debated on the floor.

Wednesday, March 12, 2014

37th Legislative Day

TODAY ON THE FLOOR
MOTIONS TO AGREE
HB 215 - Superior courts; filings in the clerk's office; change provisions
- BILL SUMMARY: HB 215 allows for changes in office hours in the clerk's office for offices with three or fewer employees. It allows clerks to refuse filings that are not accompanied by the appropriate fees. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Judiciary - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
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 - A motion to agree represents final passage of this bill.
RULES CALENDAR
HR 1601 - House Georgia-Based Film and Post-Production Study Committee; create
- BILL SUMMARY: This resolution creates the House Georgia-Based Film and Post-Production Study Committee to assess the impact of film and post production industries and their significant contributions to the economy and welfare of Georgia. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Economic Development & Tourism - Rule: Modified-Open - Yeas: 161; Nays: 2
SB 213 - "Flint River Drought Protection Act"; clarify legislative intent; revise definitions; expand programs
- BILL SUMMARY: Section 1 The 'Flint River Drought Protection Act' is amended by revising subsection (b) of Code Section 12-5-541 regarding legislative intent as follows: The use of water resources for the state for agricultural purposes is of vital importance to the state and southwest Georgia in particular. The protection of flows in the Flint River and its tributaries is necessary for healthy riverine ecosystems and health aquatic life. The use of water resources during drought conditions may interfere with public and private rights. The economic well-being of the State of Georgia is dependent on a strong and efficient agricultural industry, the wise use of water, the protection of stream flows, and the economic well-being of the state will be furthered by proper water allocation in periods of drought; programs to augment stream flows or provide incentives to ensure a certain irrigated lands are temporarily not irrigated during severe droughts will promote the wise use of water resources and the protection of stream flows for habitat critical for aquatic life and the economic well-being of the state. Section 2 Code Section 12-5-542 is amended and provides definitions relative to Flint River drought protection: (1) `Acceptable Flint River basin stream flows' means the quantity of stream flows at one or more specific locations on the Flint River or its tributaries which provides for aquatic life protection and other needs as established by the director, based on

municipal, agricultural, industrial and environmental needs. Such tributaries shall not include field drainage systems, wet weather ditches, or any other water body; (A) In which the channel is located above ground-water table year round; (B) For which runoff from precipitation is the primary source of water flow; and C) For which ground water is not a source of water flow. (2) `Affected areas' means those specific portions of the state lying within the Flint River basin where ground water use from the Floridian aquifer can affect stream flow or where drainage into Spring Creek, Ichawaynochaway Creek, Kinchafoonee Creek, and Muckalee Creek occurs. (2.1) `Augumentation' means the addition of ground water from one or more aquifers underlying the affected areas into a surface water channel within the affected areas for the purpose of maintaining instream flows. (3) `Authority' means the Georgia Environmental Finance Authority (created by Chapter 23 of Title 50). (4) `Board' means the Board of the Department of Natural Resources. (5) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (6) `Division' means the Environmental Protection Division of the Department of Natural Resources. (7) `Drought conditions' means any conditions which results in a stream flow that is lower than the acceptable Flint River basin stream flows. (8) `Drought protection funds' means the funds held by GEFA as provided in Code Section 12-5-545 for the accomplishment of the purposes of this article. (9) `Flint River basin' means the area of land which drains into the Flint River or its tributaries. (10) `Floridian aquifer' means those rocks and sediments described in United States Geological Survey Open-File Report 95321 (1996) that are capable of yielding ground water to wells or discharging water into the Flint River or its tributaries. (11) `Irrigated land' means farm land which is irrigated by the ground water or surface water pursuant to a water withdrawal permit issued by the Director of EPD pursuant to Code Section 12-5-31 or 12-5-96. (11.1) `Irrigation efficiency' means the percentage of the total amount of water withdrawn from a source which is beneficially used to meet crop water requirements or for argonomic practices in accordance with applicable best management practices. (12) `Irrigation reduction auction' means the procedure established by subsection (b) of Code Section 12-5-546 pursuant to which permittees submit offers to cease irrigation of a specified number of acres in exchange for certain sum of money. (13) `Permittee' means a person holding a valid permit issued before December 1, 2000, pursuant to Code Section 12-5-31 or 12-5-96. (14) `Stream flow' means the quantity of water passing a given location of the Flint River or its tributaries over a given time period expressed in cubic feet per second. Section 3 Code Section 12-5-544, relating to powers of the director of the EPD, by revising paragraph (2) and adding a new paragraph to read as follows: (2) Establish acceptable Flint River basin stream flows and one or more locations. (9.1.) Conduct and participate in studies related to management of the water resources in the Flint River basin.
Section 4 Code Section 12-5-546 relating to drought predictions and irrigation reduction auction, by revising subsection (a), (b), and (e) as follows: (a) On or before March 1 of each year, EPD may issue a prediction as to whether severe drought conditions are expected during the year. If EPD predicts a severe drought during any particular year, it shall issue such prediction before March 1 of that year. Prediction of severe drought may be based on consideration of historical, mathematical, or meteorological information including, but not limited to stream flows, ground-water levels, and precipitation forecasts. Such prediction may also be based on scientific analyses, including but not limited to, the Palmer Drought Severity Index administered by the National Oceanographic and Atmospheric Administration. (b) If severe drought conditions are predicted or otherwise declared in accordance with subsection (a) of this Code Section, the EPD may determine the total number of acres irrigated land, serviced by irrigation systems located within one or more of the affected areas, that must not be irrigated that year in order to maintain the acceptable Flint River basin stream flows. Upon such determination, the division may conduct an irrigation reduction auction whereby a permittee of an irrigation system located within the affected areas is given an opportunity to enter into an agreement with the EPD, agreeing that in exchange for a certain sum of money per acre of irrigated land serviced by the irrigation system, the permittee will not irrigate those particular acres for the remainder of the calendar year. GEFA shall pay the sum so agreed upon when so directed by the director of EPD from the unexpended balance of the drought protection funds. In conducting the irrigation reduction auction, the division may establish a maximum dollar amount per acre to be expended from the drought protection funds for such purposes. e) The expenditure of funds under this article as an incentive to permittees not to irrigate lands is deemed by the legislature as a valid use of state moneys to promote valid land use policies that result in the protection of the riverine environment by ensuring that such lands not be irrigated for a specified period of time. No expenditure of funds under this article shall be considered full or partial compensation for any losses, financial or otherwise, experienced due to nonirrigation; a lease or repurchase of any irrigation permit issued by the director of EPD or an acknowledgement by the State of Georgia of a property right in any permit issued by the director of EPD. Section 5

Code Section 12-5-546.1 (a) The Department of Agriculture and the State Soil and Water Conservation Commission shall in accordance with EPD in examining current practices, programs, policies, rules, and regulations to identify opportunities to enhance programming and incentives that will: (1) Support implementation of the agricultural water efficiency measures in water conservation or management plans prepared in accordance with Code Section 12-5-31, 12-5-96 and 12-5-522; (2) Support implementation of pilot projects demonstrating the efficacy of emerging innovative irrigation technologies where appropriated and affordable; (3) Identify ways the State Soil and Water Conservation Commission's program for measuring agricultural uses of water as authorized under Code Section 12-5-105 can further enhance efforts to improve agricultural water use efficiency; and 4) Encourage a scheduled program for the voluntary retirement of unused surface-water and ground-water farm use permits in accordance with Code Section 12-5-31 and 12-5-105. (b) The director may modify all active surface-water and ground-water withdrawal permits for farm use in the affected area to require all irrigation systems applying water withdrawn pursuant to such permits to achieve application efficiencies of 80 percent or greater by the year 2020. The schedule for achieving the application efficiencies provided in this subsection shall be as follows:
(1) Irrigation systems applying water withdrawn pursuant to all active permits issued after 2005 shall achieve a minimum application efficiency of 80 percent by January 1, 2016.
(2) Irrigation systems applying water withdrawn pursuant to all active permits issued from 1991 through 2005 shall achieve a minimum application efficiency of 80 percent by January 1, 2018.
(3) ) Irrigation systems applying water withdrawn pursuant to all active permits issued before 1991 shall achieve a minimum application efficiency of 80 percent by January 1, 2020. c) Notwithstanding subsection (b) of this Code Section, the director may modify specified active surface-water and groundwater withdrawal permits for farm use in the affected area to require all mobile irrigation systems and solid-set irrigation sprinklers operating under such permits to achieve application efficiencies of 60 percent or greater by the year 2020. The schedule for achieving such efficiencies shall be as follows:
(1) Irrigation systems applying water withdrawn pursuant to all active permits issued after 2005 shall achieve a minimum application efficiency of 60 percent by January 1, 2016.
(2) Irrigation systems applying water withdrawn pursuant to all active permits issued from 1991 through 2005 shall achieve a minimum application efficiency of 60 percent by January 1, 2018; and
(3) ) Irrigation systems applying water withdrawn pursuant to all active permits issued before 1991 shall achieve a minimum application efficiency of 60 percent by January 1, 2020. (d) Notwithstanding the irrigation efficiency rates required in subsection c) of this Code Section or any other provision of this Code Section to the contrary, the minimum irrigation efficiency rate for mobile irrigation systems and solid-set irrigation sprinklers applying water withdrawn pursuant to new permits shall be 60 percent. e) When considering any permit application for a new surface-water or ground-water withdrawal for farm use in the affected area, the division shall require that the irrigation system applying water withdrawn pursuant to any such permit has an irrigation efficiency of at least 80 percent. (f) The EPD division shall, in cooperation with other state and federal agencies, universities, the Georgia Water Planning and Policy Center, the Lower Flint-Ochlockonee Regional Water Council, and other appropriate entities, provide to the board of DNR for consideration for adoption in its rules requirements pertaining to methods requirements pertaining to methods an applicant may utilize to demonstrate that the required irrigation efficiency has been achieved. Requirements shall consider current technologies, best management practices, and the effects of soil type and topography, among other factors deemed necessary. (g) The EPD shall coordinate with any federal or state agencies offering incentive programs that support the purposes of this article to identify opportunities to refine and target relevant programs as practicable to assist permitees with achieving application efficiency requirements. Code Section 12-5-546.2 (a) As used in this Code Section, `permitee' means any person holding a valid permit issued pursuant to Code Section 12-531. (b) The director of EPD is authorized to notify specified permitees with surface-water withdrawal permits downstream of a state funded project specifically authorized to augment stream flows that, during specified periods of the project's operation and for the purpose of maintaining instream flows, the permitee shall let the flow provided by the augmentation projects pass their point of withdrawal. When specifying those permitees subject to such notification, the director shall also establish, in accordance with the factors that may be considered under paragraph e) of this Code Section, those withdrawal permitees that shall not be subject to the requirements of this Code Section. (c) Such notification shall be provided in accordance with the rules promulgated by the board of natural resources, shall be based on the best available science, and shall, at a minimum, inform the permitees that the upstream project is delivering augmented flows. (d) The director's notification shall contain notice of opportunity for a hearing and shall be served by certified mail, return receipt requested, to the most recent address provided by the permitee. Any permitee to whom such notification is directed shall comply therewith immediately, but shall be afforded a hearing within five business days of the director's receipt of a petition filed by such permitee. Such hearing shall be before an administrative law judge of the Office of State Administrative

Hearings and shall be conducted in accordance with the subsection c) of Code Section 12-2-2. Based upon findings adduced at such hearing, the notification shall be modified, reversed, or continued by the director as he or she deems appropriate. (e) In preparing such notification, the director may consider: (1) The best available modeling and monitoring data for relevant locations and stream reaches; (2) The appropriate duration of protection of augmented flows; (3) The distance downstream for which protection of augmented flows is appropriate; (4) The degree to which protection of augmented flows will assist in mitigating the effects of droughts, provide ecological or other environmental benefits and ensure sustainable, long-term access to water resources for existing and future water users; and (5) Any other data or information the director deems relevant. (f) Nothing in the Code Section shall provide authority for the interbasin transfer of water. Section 6 Code Section 12-5-549 is revised relating to compliance as follows: (a) Except as may otherwise be provided in this article. Whenever the EPD director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order. (b)Except as may otherwise be provided in this article, any order issued by the EPD director under this article shall become final unless the person or persons named therein file with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons. C) Except as may otherwise be provided in the article, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c ) of Code Section 12-2-2. (d) The EPD director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which the jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court. E) For purposes of this Code Section, a violation of an agreement entered into in accordance with Code Section 12-5-546 or an order issued by the director of EPD in accordance with Code Section 12-5-547 shall be prima facie established upon showing that: (1) During the effective period of the agreement or order, the irrigation system was observed in person or via remote sensing or otherwise established by representatives of the division or others to have been operating and distributing water; or (2) During the effective period of the agreement or order, a seal, lock, or other device placed by the division on the system to prevent operation of the system has been broken or otherwise tampered with. - Authored By: Sen. Ross Tolleson of the 20th - House Committee: Agriculture & Consumer Affairs - Rule: Modified-Structured - Amendments(s): AM 40 0114 - Yeas: 164; Nays: 3
SB 235 - Georgia Firefighters' Pension Fund; change the definition of the term "firefighter"; creditable service
- BILL SUMMARY: This bill changes the definition of firefighter to a permanent, compensated employee of a fire department who works at least 1,040 hours a year as a firefighter. This bill also changes the definition of part-time employment as working less than 40 hours a week but at least 1,040 hours a year. Lastly, this bill allows part-time firefighters to receive creditable service for time served between July 1, 2006 and June 30, 2014. This is a fiscal retirement bill with no cost to the state. - Authored By: Sen. John Albers of the 56th - House Committee: Retirement - Rule: Modified-Open - Yeas: 169; Nays: 0

SB 299 - Natural Resources; provide flexibility for establishing watershed protection standards
- BILL SUMMARY: This bill requires local governments to submit for approval by the Environmental Protection Division a watershed protection plan that includes watershed protection standards and procedures. The bill also states that the standards and procedures for buffer areas along streams and reservoirs must comply with O.C.G.A. 12-2-8(b) and O.C.G.A. 127-6. - Authored By: Sen. Steve Gooch of the 51st - House Committee: Natural Resources & Environment - Rule: Modified-Structured - Yeas: 163; Nays: 8
SR 746 - State Plan for Alzheimer's Disease and Related Dementias; express support
- BILL SUMMARY: Senate Resolution 746 expresses support for the State Plan for Alzheimer's Disease and Related Dementias developed by the Georgia Alzheimer's and Related Dementias State Plan Task Force. Additionally, this resolution recognizes the increasing and devastating impact of Alzheimer's disease and related dementias, and thus encourages all Georgia communities, the private sector, and state and local governments to implement the State Plan for Alzheimer's Disease and Related Dementias. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Human Relations & Aging - Rule: Open - Yeas: 166; Nays: 2
SR 828 - Joint Study Committee on Emergency Relocation of Abused Adults; create
- BILL SUMMARY: Senate Resolution 828 creates the Joint Study Committee on Emergency Relocation of Abused Adults. This committee will study the current laws for relocating adult residents from personal care homes when such homes are closed due to abusive situations to safe and secure environments. Additionally, the committee will focus on designating a lead agency, coordinator, and incident commander. Finally, the committee will study the need for legislation that establishes a protocol during these emergency relocation situations. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Human Relations & Aging - Rule: Open - Yeas: 167; Nays: 2
SR 868 - Public Property; granting of restrictive and nonexclusive easements for operation/maintenance of facilities, utilities 12 counties
- BILL SUMMARY: Senate Resolution 868 is a resolution granting nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through state-owned property in Appling, Barrow, Bibb, Bryan, Fulton, Gordon, Jasper, Laurens, McIntosh, Monroe, Toombs, and Troup counties. Article I grants a nonexclusive easement on 0.157 of an acre in Appling County to the Georgia Department of Transportation, for the purpose of a bridge replacement and realignment on SR4/US1 at the Altamaha River, Overflow, and Williams Creek. The property is currently in the custody of the Georgia Department of Natural Resources. The consideration for this easement is $10.00. Article II grants a nonexclusive easement on 1.2 acres in Barrow County to Walton EMC, for the purpose of installing, maintaining, and operating underground electrical distribution lines. The property is currently in the custody of the Technical College System of Georgia and is located at the Lanier Technical College. The consideration for this easement is $10.00. Article III grants a nonexclusive easement on 0.12 of an acre in Bibb County to Georgia Power Company, for the purpose of installation, operation, and maintenance of an underground electrical power line. The property is currently in the custody of the Georgia Department of Defense and is located at the Macon Readiness Center. The consideration for this easement is $10.00. Article IV grants a nonexclusive easement on 0.0085 of an acre in Bryan County to Comcast, for installing, maintaining, and operating an underground fiber optic cable. The property is currently in the custody of the Georgia Department of Natural Resources and is located at the Richmond Hill Wildlife Management Area. The consideration for this easement is fair market value. Article V grants a nonexclusive easement on 0.19 of an acre in Fulton County to Georgia Power Company, for installing, maintaining, and operating an underground electrical power line. The property is currently in the custody of the Georgia Department of Defense and is located at the Atlanta Readiness Center. The consideration for this easement is $10.00. Article VI grants a nonexclusive easement on 0.0119 of an acre in Fulton County to the City of Atlanta, for installing, maintaining, and operating a water meter. The property is currently in the custody of the Georgia Department of Defense and is located at the Atlanta Readiness Center. The consideration for this easement is $10.00. Article VII grants a nonexclusive easement on 0.043 of an acre in Fulton County to TOJV, LLC, for constructing, installing, operating, and maintaining the new Omni Hotel Connector. The property is currently in the custody of the Georgia Department of Economic Development and is located in the Georgia World Congress Center Plaza. The consideration for this easement is fair market value not to be less than $36,350.

Article VIII grants a nonexclusive easements on 0.33 of an acre in Fulton County to the Georgia Department of Transportation, for the purpose of constructing, installing, operating, and maintaining the Spring Street bridge replacement. The property is currently in the custody of the State Properties Commission and is located on the Western and Atlantic Railroad property. The consideration for this easement is $10.00. Article IX grants a nonexclusive easement on 7.92 acres in Gordon County to the Georgia Department of Transportation, for the road widening project and bridge replacement of State Route 225. The property is currently in the custody of the Georgia Department of Natural Resources and is located at the New Town Creek bridge over the Coosawattee River. The consideration for this easement is $10.00. Article X grants a nonexclusive easement on 0.399 of an acre in Jasper County to Central Georgia EMC, for the purpose of installation, operation, and maintenance of an underground electrical power line and necessary equipment. The property is currently in the custody of the Technical College System of Georgia and is located at the Southern Crescent Technical College. The consideration for this easement is $650.00. Article XI grants a nonexclusive easement on 0.01 of an acre in Laurens County to the City of Dublin, Georgia, for the relocation and installation of a natural gas regulator station. The property is currently in the custody of the Technical College System of Georgia and is located at the Oconee Fall Line Technical College. The consideration for this easement is $10.00. Article XII grants a nonexclusive easement on 0.72 of an acre in McIntosh County to Georgia Power Company, for the purpose of installing, maintaining, and operating an underground electrical power line. The property is currently in the custody of the Georgia Department of Natural Resources and is located at Sapelo Island WMA. The consideration for this easement is $10.00. Article XIII grants a nonexclusive easement on 0.18 of an acre in Monroe County to the City of Forsyth, for the purpose of installing, operating, and maintaining an electrical service conduit. The property is currently in the custody of the Georgia Department of Defense and is located at the Forsyth Readiness Center. The consideration for this easement is $10.00. Article XIV grants a nonexclusive easement on 0.06 of an acre in Monroe County to the City of Forsyth, for the purpose enhancing and improving Railroad Avenue. The property is currently in the custody of the Georgia Department of Corrections and is located at the State Offices South at Tift College. The consideration for this easement is $10.00. Article XV grants a nonexclusive easement on 0.19 of an acre in Toombs County to the Georgia Department of Transportation, for the bridge replacement and realignment on SR4/US1 at the Altamaha River, Overflow, and Williams Creek. The property is currently in the custody of the Georgia Department of Natural Resources. The consideration for this easement is $10.00. Article XVI grants a nonexclusive easement on 0.238 of an acre in Troup County to Georgia Power Company, for the purpose of installing, maintaining, and operating an underground electrical power line. The property is currently in the custody of the Georgia Department of Economic Development and is located at Hyundai Dymos plant. The consideration for this easement is $650.00. Article XVII grants a nonexclusive easement on 0.238 of an acre in Troup County to Wide Open West, LLC, for the purpose of installing, maintaining, and operating a telecommunication line. The property is currently in the custody of the Georgia Department of Economic Development and is located at Hyundai Dymos plant. The consideration for this easement is $650.00. Article XVIII grants a nonexclusive easement on 3.472 acres in Troup County to the City of West Point, for the purpose of installing, maintaining, and operating an overhead electrical power line. The property is currently in the custody of the Georgia Department of Economic Development and is located at Hyundai Dymos plant. The consideration for this easement is $10.00. - Authored By: Sen. John Albers of the 56th - House Committee: State Properties - Rule: Modified-Structured - Yeas: 171; Nays: 1
SR 896 - Georgia Legacy Program; create Joint Study Committee
- BILL SUMMARY: This resolution creates the Joint Study Committee on the Georgia Legacy Program. - Authored By: Sen. Ross Tolleson of the 20th - House Committee: Natural Resources & Environment - Rule: Modified-Open - Yeas: 169; Nays: 4
SR 941 - Congress; urge to grow United States economy; increase the number of visas; permit Korean citizens possessing skills in a specialty occupation
- BILL SUMMARY: This resolution urges Congress to grow the United States economy by increasing the number of visas designed to permit Korean citizens possessing skills in a specialty occupation to work in the United States. - Authored By: Sen. David Shafer of the 48th - House Committee: Economic Development & Tourism - Rule: Modified-Structured - Yeas: 162; Nays: 8

LOCAL CALENDAR
HB 1133 - Macon, City of; Payne City, City of; Bibb County; commissioners be eligible to participate in health care benefits; provide for certain purposes
- BILL SUMMARY: A Bill to amend an act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County. - Authored By: Rep. Nikki Randall of the 142nd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1134 - Fort Oglethorpe, City of; provide for use of certain lands; provisions
- BILL SUMMARY: A Bill to amend an Act to provide a new charter for the City of Fort Oglethorpe. - Authored By: Rep. Tom Weldon of the 3rd - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1135 - Ellijay, City of; change corporate boundaries and exclude certain territory
- BILL SUMMARY: A Bill to amend an Act to provide a new charter for the City of Ellijay. - Authored By: Rep. David Ralston of the 7th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1136 - Brookhaven, City of; Redevelopment Powers Law; provide a referendum
- BILL SUMMARY: A Bill to authorize the City of Brookhaven 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. Mike Jacobs of the 80th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1137 - Holly Springs, City of; provide terms and manner of elections of mayor and councilmembers
- BILL SUMMARY: A Bill to amend an Act creating a new charter for the City of Holy Springs, so as to provide for the terms and manner of election of the mayor and councilmembers. - Authored By: Rep. Scot Turner of the 21st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1138 - Doraville, City of; change corporate limits; provisions
- BILL SUMMARY: A Bill to amend an Act reincorporating the City of Doraville, so as to change the corporate limits; to provide an effective date. - Authored By: Rep. Scott Holcomb of the 81st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1139 - Doraville, City of; change corporate limits; provisions
- BILL SUMMARY: A Bill to amend an Act reincorporating the City of Doraville, so as to change the corporate limits; to provide for a referendum. - Authored By: Rep. Scott Holcomb of the 81st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4

HB 1140 - Macon-Bibb County Industrial Authority; provide for membership
- BILL SUMMARY: A Bill to amend an Act creating the Macon-Bibb County Industrial Authority, so as to provide for membership on the authority. - Authored By: Rep. Allen Peake of the 141st - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1141 - Byron, City of; levy excise tax
- BILL SUMMARY: A Bill to authorize the City of Byron to levy a hotel/motel tax. - Authored By: Rep. Robert Dickey of the 140th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1142 - Port Wentworth, City of; provide nonbinding referendum
- BILL SUMMARY: A Bill to provide a nonbinding referendum in the City of Port Wentworth on the question of whether the electors of the city joining a special district for transit services which are provided by the Chatham Area Transit Authority in order to provide transit services. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1143 - Pooler, City of; provide nonbinding referendum
- BILL SUMMARY: A Bill to provide a nonbinding referendum in the City of Pooler on the question of whether the electors of the city joining a special district for transit services which are provided by the Chatham Area Transit Authority in order to provide transit services. - Authored By: Rep. Ron Stephens of the 164th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
HB 1144 - Powder Springs, City of; provide annexation of certain property
- BILL SUMMARY: A Bill to amend an Act creating a new charter for the City of Powder Springs, so as to provide for annexation of certain property. - Authored By: Rep. David Wilkerson of the 38th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Yeas: 155; Nays: 4
* The House will reconvene Thursday, March 13, at 10:00 AM, for its 38th Legislative Day.

COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 38th Legislative Day, Thursday, March 13, and bills may be called at the pleasure of the Speaker.
NEXT ON THE FLOOR
HR 689 - Local boards of education; implement renewable energy systems to provide educational and cost-saving opportunities; urge
- BILL SUMMARY: House Resolution 689 urges local boards of education and schools in Georgia to implement renewable energy systems to provide education and cost-saving opportunities. - Authored By: Rep. Karla Drenner of the 85th - House Committee: Education - House Committee Passed: 2/5/2014 - Rule: Open
HR 1185 - Green Apple Day of Service; state-wide participation; encourage
- BILL SUMMARY: This resolution encourages state-wide participation in Green Apple Day of Service. - Authored By: Rep. Karla Drenner of the 85th - House Committee: Natural Resources & Environment - House Committee Passed: 3/6/2014 - Rule: Open
HR 1722 - House Study Committee on Medical Education; create
- BILL SUMMARY: This legislation creates the House Study Committee on Medical Education, which will be composed of seven members of the House of Representatives who are appointed by the Speaker. - Authored By: Rep. Butch Parrish of the 158th - House Committee: Higher Education - House Committee Passed: 3/11/2014 - Rule: Modified-Open
SB 95 - Elections; counties utilize a chief executive officer/county commission form of government; nonpartisan elections
- BILL SUMMARY: Senate Bill 95 provides that in counties that utilize a chief executive officer/county commission form of government, all elections for the chief executive officer shall be nonpartisan. - Authored By: Sen. Fran Millar of the 40th - House Committee: Governmental Affairs - House Committee Passed: 3/5/2014 - Rule: Modified-Structured
SB 292 - Alzheimer's Disease Registry; establish within the Department of Public Health
- BILL SUMMARY: Senate Bill 292 establishes the Alzheimer's Disease Registry within the Department of Public Health for the purpose of maintaining a central data base of individuals with Alzheimer's disease and for developing policies related to this disease. The data in the registry will be confidential, and all persons to whom the data is released shall maintain patient confidentiality. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Human Relations & Aging - House Committee Passed: 2/17/2014 - Rule: Modified-Open
SB 361 - Georgia Geospatial Advisory Council; create
- BILL SUMMARY: This bill creates the Georgia Geospatial Advisory Council, which will sunset in 2017. - Authored By: Sen. Earl "Buddy" Carter of the 1st - House Committee: Natural Resources & Environment - House Committee Passed: 3/6/2014 - Rule: Modified-Open

SB 382 - Theft; provide for the crime of retail theft; penalties
- BILL SUMMARY: This legislation amends the O.C.G.A. by the addition of Code Section 16-8-14.1.
(a) It shall be unlawful to give false information regarding personal ID obtaining a refund from a business.
(b) It shall be unlawful for a person to obtain a refund using a driver's license/ID card not issued to person, or using a driver's license/ID card containing false information.
(c) A person who violates is guilty of retail theft in the first degree and upon conviction: (1) When the theft is $500 or less it will be a misdemeanor, however:
(A) On conviction of a second offense, in addition to any imprisonment imposed, the defendant will be fined no less than $500.
(B) Upon conviction of a third retail theft, in addition to any fine imposed, the defendant will be punished by: -Imprisonment for no less than 30 days; or -120 days confinement in alternative incarceration; or -120 days house arrest c. Upon conviction of a fourth retail theft, the defendant commits a felony and will be punished by imprisonment for not less that 1 year but not more than 10 years (2) When the theft is more than $500 it is a felony and will be punished by imprisonment for not less than 1 year but not more than 10 years (3) When the property taken was taken from 3 separate stores within one county during a period of 7 days and when the aggregate value of the property exceeds $500 it is a felony and will be punished by imprisonment for not less than 1 year but not more than 10 years; AND (4) When the property that was taken during a period of 180 days and the aggregate value of the prop exceeds $500 it is a felony and will be punished by imprisonment for not less than 1 year but not more than 10 years. - Authored By: Sen. Jeff Mullis of the 53rd - House Committee: Judiciary Non-Civil - House Committee Passed: 3/10/2014 - Rule: Modified-Structured
SR 788 - Property Conveyance; authorizing 13 counties
- BILL SUMMARY: Senate Resolution 788 is a conveyance resolution for property located in eighteen counties, conveying property owned by the State of Georgia or amending those conveyances, as follows: Article I conveys property in Appling County, the former site of the Baxley Armory tract of Altamaha Technical College and currently under the custody of the Technical College System of Georgia, to the Development Authority of Appling County to be used for public purpose for $10. Article II conveys property in Baldwin County, the site of three facilities previously known as Rivers State Prison, Scott State Prison, and Mens State Prison and currently under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities, to the State Properties Commission to offer for competitive bid or to a local government or state entity to be used for public purpose for $10. Article III conveys property in Baldwin and Wilkinson Counties, a portion of Bartram Forest and currently under the custody of the Georgia Forestry Commission, to the Fall Line Regional Development Authority for construction of an industrial park for fair market value. Article IV leases property in Chatham County, currently under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities, to Coastal Center for Developmental Services, Inc. for $1,000 per year. Article V conveys property in Chatham County, a portion of the Coastal State Prison and currently under the custody of the Georgia Department of Corrections, to the Georgia Department of Transportation to be used for a widening and reconstruction project for $1,850 and $10,650 for reimbursement of damages. Article VI leases property in Cobb County, a portion of the Western and Atlantic Railroad property and currently under the custody of the State Properties Commission, to the City of Marietta for use of a visitor center and parking for $650 per year. Article VII leases an additional 350 square feet in Columbia County, a part of the Augusta State Medical Prison and currently under the custody of the Georgia Department of Corrections, to MCG Health, Inc. to be used for the purpose of operating a 340B Clinic and Oncology Clinic for $3,500 per year. Article VIII conveys property in Dade County, the former Dade County Unit of the Georgia Forestry Commission, to Dade County in exchange for a three acre property currently being leased to the State. Article IX conveys property in Dekalb County, currently under the custody of the Georgia Department of Public Health and located at 2600 Skyland Drive, to the State Properties Commission to offer for competitive bid or to a local government or state entity to be used for public purpose for $10. Article X conveys property in Fulton County, a portion of the planned Gwinnett Technical College campus and currently under the custody of the Technical College System of Georgia, to the City of Alpharetta to be used for the extension of Northwinds Parkway for fair market value. Article XI leases property in Fulton County, a portion of the Georgia World Congress Center campus and currently under the

custody of the Georgia Department of Economic Development, to the World Congress Center Authority for $10. Article IX also authorizes nonexclusive permanent utility easements and appurtenant easements for the term of the lease. Article XII conveys property in Liberty County, a portion of the Liberty campus of Savannah Technical College and currently under the custody of the Technical College System of Georgia, to the Georgia Department of Transportation to be used for the road widening project of State Route 119 for $10. Article XIII conveys property in Meriwether County, a portion of the Roosevelt Warm Springs Institute for Rehabilitation campus and currently under the custody of the Georgia Vocational Rehabilitation Agency, to the Board of Regents of the University System of Georgia Regents University to be used for operation of a long-term care hospital and an inpatient rehabilitation facility for $10. Article XIV leases property in Meriwether County, a portion of the Roosevelt Warm Springs Institute for Rehabilitation campus currently under the custody of the Georgia Vocational Rehabilitation Agency, to The Warrior Alliance to be used as a vocational rehabilitation training program for $10.00 per year. Article XV leases property in Monroe County, 497 square feet of improved property located at the Georgia Public Safety Training Center, to the Justice Federal Credit Union to be used as a financial office and ATM location for $10.00 and an annual rental amount of $5,000. Article XVI leases property in Monroe County, 25 square feet of improved floor space located at the State Offices South at Tift College and currently in the custody of Georgia Department of Corrections, to the Justice Federal Credit Union to be used as an ATM location for an annual rental amount of $600. Article XVII conveys property in Muscogee County, the former horticulture program site of the Technical College System of Georgia, to the consolidated government of Columbus and Muscogee County to be used for perpetual public use for $10. Article XVIII conveys property in Rabun County, the former site of the Dillard Farmers Market and currently under the custody of the Georgia Department of Agriculture, to the State Properties Commission to offer for competitive bid or to a local government or state entity to be used for public purpose for $10. Article XIX conveys property in Spalding County, currently under the custody of the Georgia Department of Labor, to the Georgia Department of Transportation for interchange improvements at State Route 3/US 19 at State Route 16 for $7,150 plus $3,250 for cost of damages. Article XX conveys property in Tattnall County, the former site of the Glennville Farmers Market and Poultry Lab and currently under the custody of the Georgia Department of Agriculture, to the State Properties Commission to offer for competitive bid or to a local government or state entity to be used for public purpose for $10. Article XXI conveys property in Toombs County, a portion of the Joe Kennedy Farm Property and currently under the custody of the Georgia Department of Corrections, to Toombs County to be used for public purpose for $10. Article XXII conveys property in Troup County, the former site of State Patrol Post 2 and currently under the custody of the Georgia Department of Public Safety, to Troup County to be used for public purpose for $10. - Authored By: Sen. John Albers of the 56th - House Committee: State Properties - House Committee Passed: 3/10/2014 - Rule: Modified-Structured
* The Rules Committee will next meet on Thursday, March 13, at 9:00 AM, to set the Rules Calendar for the 39th Legislative Day.

COMMITTEE ACTION REPORT
Code Revision
SB 340 - Official Code of Georgia Annotated; revise, modernize, correct errors; reenact statutory portion of said Code
- BILL SUMMARY: Senate Bill 340 amends the Official Code of Georgia Annotated, with the purpose to modernize, correct errors or omissions in statute. The bill relects the work of the Code Revision Commission to repeal portions of the Code which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws. Lastly, the bill provides for other matters relating to revision, reenactment, and publication of the Code. - Authored By: Sen. Jesse Stone of the 23rd - Committee Action: Do Pass by Committee Substitute
Defense & Veterans Affairs
SB 276 - State Government; provide that Georgia shall be a"Purple Heart State"
- BILL SUMMARY: This legislation establishes Georgia as a "Purple Heart State" to honor combat wounded veterans. - Authored By: Sen. Ed Harbison of the 15th - Committee Action: Do Pass by Committee Substitute
Education
SB 167 - Education; declare certain actions void ab initio relating to adoption of certain curricula
- BILL SUMMARY: PART I 1-1
This legislation is known as the 'Act to Restore Educational Authority to Georgia Citizens'. 1-2.
Georgia should establish first-class competencies and content standards with the input of the citizens. 1-3
The State Board of Education (SBOE) shall review content standards in math, English language arts (ELA), science, and social studies at least once every five years. The board will propose changes to the content standards to an advisory council which will be appointed by the Governor, Lieutenant Governor, and Speaker of the House. The Content Standards Advisory Council (Council) will meet twice a year to review any proposed changes to content standards. The Council will be composed of 15 members including parents or grandparents, private-sector representatives, postsecondary content specialists appointed by the Governor, Lieutenant Governor, and the Speaker. Each member will have a two year term and must have a bachelor's degree in at least one subject area under review. The Council will create subcommittees made up of Council members and other knowledgeable and experienced individuals.
The SBOE will post all proposed changes on the Department of Education (DOE) website and submit all proposed changes to the Council, Governor, Lieutenant Governor, Speaker, House Education chairperson, Senate Education and Youth chairperson, and each local school system. Each local school system will then notify the parents or legal guardians that the proposed content standards are available for review on DOE's website. SBOE will also submit proposed changes to all presidents of public postsecondary institutions and the presidents will provide an electronic copy to the appropriate school deans, department heads or both.
The SBOE shall provide a 90-day period of public review and comment. During those 90 days each board member will hold a public hearing in their congressional district. The Senate Education and Youth Committee and House Education Committee will each hold additional public hearings on proposed changes to content standards.
After the 90 day review period has ended, any proposed changes by the Council will be submitted in a report to the SBOE, the members of the Senate Education and Youth Committee and House Education Committee, local school systems, and the president of each public postsecondary institution, as well as making such proposed changes available on the DOE website within 60 days.
Once SBOE has received the proposed changes from the Council they will hold a public meeting to consider the recommendations and make changes to the content standards.
A review of content standards in mathematics shall be completed no later than May 31, 2015 and implemented no later than the beginning of the 2016-2017 school year. The review of ELA must be completed by May 31, 2016 and implemented no later than the beginning of the 2017-2018 school year. 1-4.
The State of Georgia shall retain sole control over the development and revision of content standards. This code section also prohibits Georgia from entering into all federally prescribed content standards or any national content standards including the Next Generation Science Standards, the National Curriculum for Social Studies, the National Health Education Standards, or

the National Sexuality Standards. The DOE must now submit an annual report to the General Assembly of all grants that the department has applied for or
received and of all outside funding that the department has received. This report must include: 1. Long-term projections of unfunded costs for both state and local governments for at least a 12-year period; 2. The purpose and effect of the program, including its effect on and interrelationship with any existing program currently operating within this state; 3. Justification for the program and peer reviewed research, if any, that validates the effectiveness of the program; and 4. Any negative effects on the constitutional rights of Georgia citizens, including their right to exercise control over education. 1-5.
As of September 24, 2014, a local school system shall have the flexibility to determine its curriculum and instruction without constraint, including returning to curriculum and instruction aligned to the former Georgia Performance Standards.
PART II 2-1.
Names this section the 'Student Right to Privacy Act'. 2-2.
Adds a 3rd Article to Chapter 1 of Title 20. This Article define terms such as, written consent, student data base, interpersonal resources, education program, psychological resources, biometric data, etc. Data can only be collected on a student if written consent from their parent or guardian is given or if it is related to the education needs of the student.
The following is not considered data relating to the education needs of the student: (1) Kindergarten through grade 12 student biometric data, except as may be necessary to facilitate the instruction of special needs students or students participating in school physical education and athletic programs; (2) Any data collected via affective computing, including analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking; (3) Student or family religious affiliation or beliefs; (4) Student or family political affiliation or beliefs; (5) Student or family member sexual orientation or beliefs about sexual orientation; (6) Student or family gun ownership; (7) Kindergarten through grade 12 student or family income data, except information necessary to determine eligibility for, to facilitate participation in, or to receive financial assistance under a scholarship, free-or-reduced-lunch, or other financialassistance program; or (8) Kindergarten through grade 12 student or family social security numbers, except as otherwise authorized by law.
Unless explicitly required by federal law, a local school system shall not allow the following student information to be entered into any state-wide student longitudinal data base without the written consent of parents, guardians, or eligible students: (1) Medical, health, and mental health records, except immunization records required by state law or for the purpose of administering prescription drugs or the medical treatment of a student at school, or in conjunction with student counseling services or fitness assessments; (2) Student or family workforce information; (3) Psychological data, including such data collected by local, state, or national assessments; and (4) Any data developed through predictive modeling, except as relating to dropout-prevention programs.
20-1-31 No funds shall be used on construction, enhancement, or expansion of any student database that does not comply with the provisions of this Code section.
20-1-31(d) Prohibits any state agency, local school system, and education institutions to pursue or accept any grant that would require the collection or reporting of any types of student data in violation of subsection (a) or (b) of this Code section.
20-1-31 No later than August 1, 2014, state agencies, local school systems, and education institutions shall publicly and conspicuously disclose on their respective websites the type of personally identifiable information from education records that are transferred to cloud computing services.
Within 30 days of a request to a local school system, parents and eligible students shall be provided a printed copy of the student's education records that are in a student data base and shall have the right to correct the records that are in a student data base and shall have the right to correct such records in manner compliant with state and federal law.
20-1-32(a) Restricts access to education records in the student data base to authorized representatives of the state agency, local school system, or education institution who require such access to perform their assigned duties.
20-1-32(b) Personally identifiable information from an education record shall not be disclosed to a party conducting research or studies on behalf of such state agencies or education institutions unless the parent, guardian, or education institutions has had reasonable notice to opt out.
20-1-32(d) State agencies, local school systems, and education institutions shall not disclose personally identifiable information from education records without the written consent of parents or eligible students unless that outside party prescribes to one of the exceptions in this code section.
All contracts entered into with a contractor, consultant, or other party which are subject to this section shall be posted on the website of the state agency, local school system, or education institution. Student data cannot be sold or used commercially.
Sets minimum terms and conditions for a contract between a state agency, local school system, or education institution

and a cloud computing service provider. This legislation defines under what circumstances personally identifiable information from education records can be
disclosed. It also requires for a grant receipt to notify the parent or eligible student affected if the U.S. Department of Education requires personally identifiable information. Only certain data can be shared with any testing contractor that is directly related to test performance, the testing agency cannot share this data with any noneducation entities. The Attorney General has the power to enforce compliance, each violation by a contractor, consultant, or other party will result in a civil penalty of up to $5,000; a second violation is punishable by a civil penalty of up to $10,000; $20,000 for a third violation along with permanent disqualification from access to education records.
PART III 3-1.
This Act shall become law upon the governor's signature or upon it's becoming law without such approval. Part II of this Act shall apply to school years beginning with 2014-2015 academic year. - Authored By: Sen. William Ligon, Jr. of the 3rd - Committee Action: Do NOT Pass
Education
SB 283 - Education; authorize school systems; provide instruction on history of traditional winter celebrations
- BILL SUMMARY: This legislation provides that a local school system may educate students about the history of traditional winter celebrations and shall allow students and school system staff to offer traditional greetings regarding the celebrations, including, but not limited to: "Merry Christmas," "Happy Hanukkah," and "Happy Holidays." Further, a local school system may display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree, if the display includes a scene or symbol of more than one religion, or one religion and at least one secular scene or symbol. - Authored By: Sen. Mike Dugan of the 30th - Committee Action: Do Pass
Education
SB 372 - HOPE Scholarship; require local school systems to calculate; provide grade point average; eligibility
- BILL SUMMARY: This bill requires every local system to provide at the end of the school year to each freshman, sophomore, and junior student or to his or her parent or guardian an unweighted Grade Point Average calculated in accordance with the provisions of Code Section 20-2-157 for determining HOPE Scholarship eligibility. - Authored By: Sen. Joshua McKoon of the 29th - Committee Action: Do Pass by Committee Substitute
Education
SB 384 - "America's Founding Philosophy and Principle Act"; require a course of study
- BILL SUMMARY: The State Board of Education shall ensure that any new content standards adopted on and after July 1, 2014 for ninth through twelfth grade years and all new assessments aligned with such content standards take into consideration America's founding philosophy, founding principles, rights to private property and individual enterprise, constitutional rights and protections, and transformational civil rights movements in American history such as the antislavery movement, civil rights movement, women's suffrage, the contributions of immigrants to American society, and the challenges and history of the Native American population. - Authored By: Sen. Fran Millar of the 40th - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
SB 270 - Lakeside, City of; DeKalb County; incorporate
- BILL SUMMARY: Senate Bill 270 is a proposal to incorporate the city of Lakeside in Dekalb County. - Authored By: Sen. Fran Millar of the 40th - Committee Action: Tabled

Intragovernmental Coordination - Local
HB 1115 - Fulton County; change certain definitions; provisions
- BILL SUMMARY: A Bill to amend an Act creating one or more community improvement districts in unincorporated Fulton County. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 1146 - Effingham County; board of education; change compensation for members
- BILL SUMMARY: A Bill to amend an Act to reconstitute the Effingham County Board of Education, so as to change the compensation for members. - Authored By: Rep. Jon Burns of the 159th - Committee Action: Do Pass
Intragovernmental Coordination - Local
SB 418 - City of Chickamauga, Walker County; provide new charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Chickamauga. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass
Juvenile Justice
SB 364 - Juvenile Code; revise and correct errors or omissions
- BILL SUMMARY: Senate Bill 364 makes the following substantive amendments.
Part I
Section 1-1 -Revision of 15-11-2, relating to the Juvenile Code. -Expands and adds specificity to the language of the definitions for "Aggravating circumstances," "Child," "Informal adjustment," "Party," and "Sibling."
Section 1-2 -Revision of 15-11-5(a), relating to computation of time. -Allows for "hours" to be used as measurement of time.
Section 1-3 -Revision of 15-11-10, relating to exclusive original jurisdiction -Jurisdiction shall be for the purpose of effectuating supervision or probation begin either prior to child's 17th birthday if the order is entered as a disposition for an adjudication for delinquency or prior to such child's 18th birthday if the order is entered for an adjudication for a child in need of services
Section 1-5 -Addition of 15-11-32(g), relating to modification or vacation of orders -This Code section is to be retroactive and apply to any child in the court's jurisdiction.
Section 1-8 -Revision of 15-11-110, relating to continuance of hearing in dependency proceedings -The need for discovery now constitutes good cause if a person or entity failed to comply with an order for discovery.
Section 1-10 -Revision of 15-11-150, relating to the authority to file a petition for dependency -A petition regarding knowledge of child abuse will not be accepted for filing unless the court has determined that the filing of the petition is in the best interests of the public and child.

Section 1-11 -Revision of 15-11-201, relating to DFCS case plan -Case plan shall now include documentation of why reunification, adoptive placement, or permanent guardianship are not in the child's best interests.
Section 1-13 -Revision of 15-11-211, relating to relative search by DFCS -Removal of subsection requiring a diligent search by DFCS before final disposition
Section 1-16 -Revision of 15-11-262, relating to right to attorney and appointment of guardian ad litem in termination of parental rights proceedings -Subsection (d) now requires appointing guardian ad litem -Subsection requires court to appoint a CASA to serve as guardian ad litem whenever possible
Section 1-17 -Revision of 15-11-265, relating to suspension of right of voluntary surrender of parental rights -Specifies whom an "act of surrender" may be made in favor of
Section 1-19 -Revision of 15-11-280, relating to the petition for termination of parental rights and putative fathers -Search of registry shall be done before the date of filing the petition and include a statement that the registry is current as to the filings of restraints as of the date of the petition.
Section 1-20 -Revision of 15-11-282, relating to service of summons -Service by publication also to be published in the the county of the biological father's last known address
Section 1-22 -Addition of 15-11-304, relating to hearings in termination of parental rights cases -Hearings to terminate parental rights shall be conducted in accordance with Title 24. Testimony may not be excluded on any ground of privilege, except; (1) Communications between a party and his or her attorney (2) Confessions or communications between a priest, rabbi, minister, or similar functionary
Section 1-24 -Revision of 15-11-390, relating to filing of a complaint for a child in need of services -A complaint alleging a child is in need of services may be filed by any person with knowledge of the facts alleged. -Specifies contents of the complaint
Section 1-25 -Revision of 15-11-400, relating to child in needs of services and time limitations for continued custody -Continued custody hearing shall be held no later than 24 hours after child is taken into temporary custody, or 72 hours after child is placed in foster care.
Section 1-27 -Revision of 15-11-410, relating to taking a child into temporary custody -Detention assessment shall be administered as soon as a juvenile court intake officer is notified that a child has taken into temporary custody
Section 1-28 -Revision of 15-11-411, relating to taking a child into temporary custody -Further specifies what court is to consider when determining placement of a child
Section 1-29 -Revision of 15-11-413, relating to continued custody hearings -Continued custody hearing shall be held with 24 hours, excluding weekends and holidays -A continued custody hearing shall be held within 72 hours, excluding weekends and holidays after being placed in foster care
Section 1-30 -Revision of 15-11-414, relating to continued custody hearing and findings -Addition of subsection (a) that provides what the court shall inform the parties of at the commencement of a continued custody hearing

Section 1-32 -Revision of 15-11-420, relating to the authority to file a petition for a child in need of services -A petition alleging that a child is a child in need of services may be filed by a parent, a guardian, a legal custodian, a law enforcement officer, a guardian ad litem, or an attorney
Section 1-34 -Revision of 15-11-442, relating to disposition hearings for a child in need of services -Final disposition hearing shall be held within 30 days of the conclusion of the adjudication hearing if the final disposition is not held in conjunction with the adjudication hearing.
Section 1-36 -Revision of 15-11-476, relating to appointment of a guardian ad litem in delinquency cases -Removal of subsection (a) -Language clean up in subsection Section 1-37 -Revision of 15-11-450, relating to comprehensive services plan for child found incompetent to proceed -If evaluation recommends inpatient treatment, certification must be made that child is mentally ill or developmentally disable and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37
Section 1-38 -Revision of 15-11-451, relating to hearing on mental health plan -If court determines child is mentally ill or developmentally disabled and meets requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37, such child may be committed.
Section 1-40 -Revision of 15-11-531, relating to service of summons for adjudication hearings -Summons shall be served at least 72 hours before adjudication hearing
Section 1-41 -Revision of 15-11-532, relating to sanctions for failure to obey summons -When sworn testimony is given that a child less than 16 years of age refuses to appear then a bench warrant may be issued requiring child's presence
Section 1-44 -Revision of 15-11-602, relating to disposition of persons adjudicated for class A or class B designated felony acts -Subsection (h) states the court shall identify the school last attended and the school which child intents to attend and shall transmit a copy of the adjudication to the principals of both schools within 30 days of adjudication.
Section 1-45 -Revision of 15-11-604, relating to credit for time served -Credit for time spent includes time spent in a secure residential facility, a nonsecure residential facility, or any institution or facility for the treatment or examination of a physical or mental disability
Section 1-46 -Revision of 15-11-656, relating to disposition of incompetent child -A child may be placed in a crisis stabilization unit, as such term is defined in 37-1-29, or a psychiatric residential treatment facility operated by DBHDD or other program
Part II
Section 2-1 -Revision of 16-13-10, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties -"Solid substance" means a substance with shape and volume that is not liquid. Such term includes tablets, pills, capsules, caplets, powder, crystal, or any variant of such items. - Authored By: Sen. Jesse Stone of the 23rd - Committee Action: Do Pass by Committee Substitute

Juvenile Justice
SB 365 - Fair Business Practices Act; enact offender reentry reforms as recommended by the Georgia Council on Criminal Justice Reform
- BILL SUMMARY: Senate Bill 365 amends Part 2 of Article 15 of Chapter 1 of Title 10, Article 6 of Chapter 11 of Title 15, Article 3A of Chapter 5 of Title 40, Chapter 2 of Title 42, and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act, delinquency proceedings in juvenile court, suspension of driver's license for certain drug offenses, the Board and Department of Corrections, and general tort provisions.
Section 1 amends 15-11-600 by relating to findings in a disposition hearing, as follows: (a)(1)After a finding that a child has committed a delinquent act, the court shall hear evidence on whether such and determine whether:(A) Such child is in need of treatment, rehabilitation, or supervision and; (B) Such child's continuation in his or her home is contrary to such child's welfare; and (C) Reasonable efforts have been made to prevent or eliminate the need to remove such child from his or her home. (2) After hearing the evidence described in paragraph (1) of this subsection, the court shall make and file its findings based upon such determinations.
Section 2 amends 15-11-620, which calculates when a child is delinquent and depended by adding: (1) If the child is alleged to have committed a delinquent act and is placed directly in a nonsecure residential facility the date such child is considered to have entered foster care shall be 60 days after the date on which such child is removed from his or her home; (2) the child is alleged to have committed or is adjudicated is detained in a facility operated primarily for the detention of delinquent children but is later placed in a nonsecure residential facility within 60 days of such child's removal from the home and ; (3) the child is alleged to have committed or is adjudicated is detained in a facility operated primarily for the detention of delinquent children and remains detained for more than 60 days and such child is subsequently placed in a nonsecure residential facility.
Section 3 amends 15-11-621 by adding that [w]hen a child is committed to DJJ and for whom a determination has been made that the child's continuation in his or her home is contrary to the child's welfare and he or she is placed in a nonsecure residential facility, such child shall receive a periodic review before an administrative review panel within DJJ within six months.
Section 4 adds code section 15-11-623 and states in part that 'permanency plan' means a specific written plan prepared by DJJ designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute longterm home when return to such child's family is not possible or is not in such child's best interests. Section (b)(1), states [t]he court shall hold a hearing to review the permanency plan for each child committed to DJJ when a determination has been made that the child's continuation in his or her home is contrary to the child's welfare, and the child is placed in a nonsecure residential facility
Section 5 amends Article 3A of Chapter 5 of title 40 dealing with suspension and restoration of drivers' license. The section adds subsection (b), which gives the presiding judge in any court, specifically mental health courts and drug courts, may order DDS to restore a defendant's driver's license.
Section 6 orders the Board of Corrections to develop and implement programs to assist adult offenders with reentry into society upon release from prison. The board shall also create a Program and Treatment Certificate that may be issued to offenders under rules and regulations of the board. The issuance of a Program and Treatment Certificate by the board or State Board of Pardons and Parole shall create a presumption of due care in hiring, retaining, leasing to, admitting to a school or program, or otherwise engaging in activity with the individual whom the certificate was issued. (See Section 7) - Authored By: Sen. Jesse Stone of the 23rd - Committee Action: Do Pass by Committee Substitute
Public Safety & Homeland Security
SB 324 - Peace Officers; harmonize definitions; employed or appointed by the Department of Juvenile Justice regarding their duties
- BILL SUMMARY: SB 324 amends Code Section 35-8-2 relating to definitions for employing and training of peace officers, Code Section 45-9-81 relating to definitions for the Georgia State Indemnification Fund, Code Section 45-9-101 relating to definitions for the Temporary Disability Compensation Program, and Code Section 49-4A-8 relating to commitment of delinquent children of the O.C.G.A. in order to harmonize those definitions relating to peace officers employed or appointed by the Department of Juvenile Justice. The bill adds the language of personnel who are authorized to exercise the power of "supervision of delinquent children under intensive supervision in the community" to the definitions of peace officers, law enforcement officers under the Georgia State Indemnification Fund, and to law enforcement officers under the Temporary Disability Compensation Program while also providing the Department of Juvenile Justice the authority to arm its officials with firearms for safety purposes. - Authored By: Sen. Jesse Stone of the 23rd - Committee Action: Do Pass

Public Safety & Homeland Security
SB 381 - "Georgia First Informer Broadcasters Act"; provide planning for first informer broadcasters; definitions
- BILL SUMMARY: Senate Bill 381 amends Code Section 38-3-57 of the O.C.G.A. relating to Georgia First Informer Broadcasters. It defines the term "broadcaster" as any corporation or entity that is in the business of broadcasting video or audio by public airwaves, cable, direct or indirect satellite transmission, or any other means of communication. It defines an "emergency" as a declaration of a state of emergency or disaster by Georgia's governor or as presidentially declared. It goes on to define a "First Informer Broadcaster" as a broadcaster who makes application to the Georgia Emergency Management Agency for designation as a first informer broadcaster that follows the rules and regulations of the director of emergency management. By July 1, 2016 the unified incident command system, as well as the Georgia Emergency Operations Plan, shall establish planning for first informer broadcasters to have access to areas affected by an emergency for the purpose of restoring or resupplying equipment critical to the broadcasting of emergency related programming. It also will give them access to the distribution of fuel, food, water, supplies, equipment, or any other materials needed for broadcasting. It protects broadcasters from having vehicles or other materials seized that are essential for broadcasting. This bill also allows the Georgia Emergency Management Agency to develop or adopt courses relating to instruction for training broadcasters on personal safety and navigation in an area affected by emergency. The costs of the courses shall fall upon the first informer broadcasters participating in the training. This shall be known as the 'Georgia First Informer Broadcasters Act.' - Authored By: Sen. Brandon Beach of the 21st - Committee Action: Do Pass
Regulated Industries
SB 294 - Electrical Contractor Class II; provide that a person licensed may perform low-voltage contracting without obtaining a state-wide Low-voltage Contractor Class
- BILL SUMMARY: Senate Bill 294 creates a definition for `division' which means the five divisions of membership of the State Construction Industry Licensing Board and the definition of `general system low-voltage contracting' which means the lowvoltage wiring on any electrical system but not the installation, alternation, services or repair of an alarm system. The Bill strikes the provision that an employee of a low-voltage contractor who receives only a salary or hourly wage shall not be required to be licensed. The Bill adds low-voltage contractors to those individuals who must obtain a Class I license. The Bill allows Class II licensees to engage in all types of low-voltage contracting without needing to obtain a low-voltage contractor license.
SB 294 strikes the provision that the board must notify each governing authority about the provisions of this chapter relating to licensure. Additionally, the legislation states that Electrical Contractor Class II licensees may engage in the alarm, general, or telecommunication system low-voltage contracting. Finally, Electrical Contractor Class I and Class II licensees are not required to comply with subsections (c) through (g) of Code Section 43-14-8.1. - Authored By: Sen. Jack Murphy of the 27th - Committee Action: Tabled
Regulated Industries
SB 336 - Cosmetologists; provide fines imposed by State Board of Cosmetology for certain violations; not exceed certain specified amounts
- BILL SUMMARY: Senate Bill 336 states that the Board of Cosmetology has the power to impose a maximum fine of $500.00 for each violation of subsection (a) of Code Section 43-10-15; however, the bill stipulates that the Board cannot impose a fine of more than $25.00 for the first violation, more than $75.00 for a second violation, and more than $300.00 for each subsequent violation. - Authored By: Sen. William Ligon, Jr. of the 3rd - Committee Action: Do Pass
Regulated Industries
SB 337 - Barbers; provide fines imposed by State Board of Barbers for certain violations; not exceed certain specified amounts
- BILL SUMMARY: Senate Bill 337 states that the Board of Barbers has the power to impose a maximum fine of $500.00 for each violation of subsection (a) of Code Section 43-7-23; however, the bill stipulates that the Board cannot impose a fine of more than $25.00 for the first violation, more than $75.00 for a second violation, and more than $300.00 for each subsequent violation. - Authored By: Sen. William Ligon, Jr. of the 3rd - Committee Action: Do Pass

COMMITTEE MEETING SCHEDULE

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

Thursday, March 13, 2014

FLOOR SESSION (LD 38)

HOUSE CHAMBER- 10:00am

STATE PROPERTIES

417 CAP- Conference Room

RULES

341 CAP

WAYS & MEANS

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.