HOUSE BUDGET & RESEARCH OFFICE (404) 656-5050 HOUSE COMMUNICATIONS (404) 656-0305
TOMORROW'S FORECAST
* The House will reconvene for its 40th Legislative Day on Thursday, March 20, at 9:30 AM. * This will be the final day of the 2014 Regular Session (SINE DIE).
Tuesday, March 18, 2014
39th Legislative Day
TODAY ON THE FLOOR
CONFERENCE COMMITTEE REPORT
HB 744 - General appropriations; State Fiscal Year July 1, 2014 - June 30, 2015
- BILL SUMMARY: House Bill 744 is the $20.8 billion state budget plan for Fiscal Year 2015 beginning July 1, 2014. In the $20.8 billion state fund budget, 54.1 percent of state revenues are designated for education. Health and human services agencies are authorized to receive 23.1 percent of available funds, and 8.4 percent of revenues are allocated for public safety agencies. - Authored By: Rep. David Ralston of the 7th - House Committee: Appropriations - Yeas: 172; Nays: 2 - Adoption of the conference committee report represents final passage of this bill.
MOTIONS TO AGREE
HB 246 - Georgia World Congress Center Authority; benefit programs to its officers, employees, and other agents; provide
- BILL SUMMARY: HB 246 gives the Georgia World Congress Center Authority the power to provide flexible benefits to its officers and employees. This bill is necessary due to the fact they no longer participate in state employee benefit programs. - Authored By: Rep. Rich Golick of the 40th - House Committee: Insurance - A motion to agree "as amended by the House" sends this bill back to the Senate for consideration.
HB 737 - Alcoholic beverages; malt beverages produced in private residences to be transported to other locations and consumed by the producer and other individuals; allow
- BILL SUMMARY: HB 737 strikes Code Section 3-3-24.1 relating to the definition of "business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages", and the penalty for person violating this code section.
HB 737 allows up to 128 ounces of malt beverages produced in a private residence to be transported to an unlicensed location and consumed by the producer, the owner of the unlicensed location, and any guests present at such location.
HB 737 also stipulates that a governing authority must obtain a permit to hold home-brew special events within its jurisdiction. - Authored By: Rep. Brett Harrell of the 106th - House Committee: Regulated Industries - A motion to agree represents final passage of this bill.
HB 741 - Water resources; issuance of sludge land application permits; revise certain requirements
- BILL SUMMARY: This bill revises the requirements related to the issuance of sludge land application permits by adding a subsection stating that the EPD director shall require any applicant to provide written verification that the proposed facility complies with applicable local zoning or land use ordinances, if any. The bill also requires that the public hearings conducted by EPD and the applicant for the permit be within the jurisdiction of the local governing authority where the proposed sludge land application site is located. - Authored By: Rep. Kevin Tanner of the 9th - House Committee: Natural Resources & Environment - A motion to agree represents final passage of this bill.
HB 845 - Public disclosure; disclosure of arrest booking photographs except under certain circumstances; prohibit
- BILL SUMMARY: House Bill 845 restricts arrest booking photographs unless the person requesting the photograph submits a statement affirming that the phtograph will not be used on a publication or website that requres a fee to be taken down. - Authored By: Rep. Brian Strickland of the 111th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 881 - Special license plates; Grady Health Foundation; provide
- BILL SUMMARY: House Bill 881 creates a special license plate for the Grady Health Foundation. The funds raised by the sale of this special license plate shall be disbursed to Grady Health Foundation. - Authored By: Rep. James Epps of the 144th - House Committee: Motor Vehicles - A motion to agree represents final passage of this bill.
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 - AM 21 3908 adds language from HB 707 to this bill - A motion to agree "as amended by the House" sends this bill back to the Senate for consideration.
HB 965 - Georgia 9-1-1 Medical Amnesty Law; enact
- BILL SUMMARY: The purpose of this bill is to provide amnesty to individuals seeking medical assistance for a drug overdose. The bill provides definitions for "drug overdose," "drug violation," and "medical assistance." A person who seeks medical assistance for someone who is experiencing a drug overdose will be provided amnesty regarding any evidence obtained solely from seeking the medical assistance. The same standard applies for an individual seeking medical assistance for himself. - Authored By: Rep. Sharon Cooper of the 43rd - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HB 1080 - State government; capitol grounds; provide for placement of statue of Reverend Martin Luther King, Jr.
- BILL SUMMARY: House Bill 1080 amends Code Section 50-3, relating to state flag, seal, and other symbols, by adding a new article to require that a privately funded statue of the Reverend Martin Luther King, Jr. be placed on the Capitol grounds of the State Capitol building or in another prominent place. The statue shall be placed as soon as practicable. - Authored By: Rep. Calvin Smyre of the 135th - House Committee: State Properties - A motion to agree represents final passage of this bill.
HR 1183 - General Assembly; additional penalties or fees for reckless driving and provide allocation of fees to Brain and Spinal Injury Trust Fund; impose - CA
- BILL SUMMARY: A resolution proposing an amendment to the Constitution to impose additional fees for the offense of reckless driving and to provide that the allocation of such additional penalties or fees shall go to the Brain and Spinal Injury Trust Fund. - Authored By: Rep. Kevin Tanner of the 9th - House Committee: Judiciary Non-Civil - A motion to agree represents final passage of this bill.
HR 1544 - Major Henry Talmage Elrod Memorial Highway; Turner County; dedicate
- BILL SUMMARY: This is the annual House road facility dedication package. The following resolutions are included:
HR 1544 Rep. Jay Roberts - HR 1544 dedicates the portion of State Route 112 from Rebecca to Ashburn in Turner County as the Major Henry Elrod
Talmage Memorial Highway.
HR 530 Rep. Nikki Randall - HR 530 dedicates the interchange of I-475 and Thomaston Road in Macon-Bibb County as the Veterans of All Wars
Interchange.
HR 1044 Rep. Jan Tankersley - HR 1044 dedicates the portion of State Route 67 in Bulloch County from its intersection with US Highway 301/State Route
73 to the Statesboro East Bypass as the McDougald Memorial Parkway.
HR 1056 Rep. Kevin Tanner - HR 1056 dedicates the intersection of Highway 53 and Perimeter Road in Dawsonville as the Kenneth Webster Stewart, III
Memorial Intersection.
HR 1057 Rep. Randy Nix - HR 1057 dedicates the portion of Interstate 85 in Troup County from Exit 2 to Exit 18 as the Ray C. Anderson Memorial
Highway.
HR 1088 Rep. Wendell Willard - HR 1088 dedicates the intersection of State Route 237 at Cheshire Bridge in Fulton County as the Judge Arthur M. Kaplan
Memorial Intersection.
HR 1111 Rep. Kevin Tanner - HR 1111 dedicates the bridge on State Route 53 over the Etowah River in Dawson County as the Marcus Byrd Memorial
Bridge.
HR 1160 Rep. Margaret Kaiser - HR 1160 honors the life of Mr. Rodney Mims Cook by dedicating the portion of Interstate 75 where it merges with
interstate 85 at Exit 242 in Fulton County as the Rodney Mims Cook Memorial Highway.
HR 1184 Rep. Gerald Greene - HR 1184 dedicates the bridge on US Route 82 over Pachitla Creek in Randolph County as the William Riley Curry Bridge.
HR 1199 Rep. Rusty Kidd - HR 1199 dedicates the bridge on East Hancock Street and Ga. 24 over the Oconee River in Baldwin County as the Bobby
Parham Bridge.
HR 1223 Rep. Butch Parrish - HR 1223 dedicates the portion of GA 67 in Jenkins County from the southernmost point of the Ogeechee River Bridge to its
intersection with GA 121 is dedicated as the Albert Sidney "Sid" Newton Memorial Highway.
HR 1226 Rep. Chuck Williams - HR 1226 honors the life of Deputy David W. Gilstrap by dedicating the portion of Ga. 53 from Mars Hill Road to Union
Church Road in Oconee County as the Deputy David W. Gilstrap Memorial Highway.
HR 1235 Rep. Robert Dickey - HR 1235 dedicates the bridge at the intersection of Interstate 75 and Russell Parkway in Peach County as the C.H. "Bud"
Sledge Memorial Bridge.
HR 1240 Rep. Jay Roberts - HR 1240 dedicates the portion of GA 107 from GA 90/GA 11 in Fitzgerald to U.S. Highway 319 as the M.L.K.; Jr., Memorial
Highway.
HR 1263 Rep. Jason Shaw - HR 1263 dedicates the portion of GA 122 in Lanier County that runs beside banks Lake from the City of Lakeland to the
Lowndes County line as the Governor Eurith Dickinson "Ed" Rivers Memorial Highway.
HR 1264 Rep. Patty Bentley - HR 1264 dedicates the bridge over Patsiliga Creek on State Route 137 near Fickling Mill Dam in Taylor County as the Olief
Wainwright Memorial Bridge.
HR 1281 Rep. Jeff Chapman - HR 1281 dedicated the bridge on State Route 99 over Interstate 95 in Glynn County as the Johnny "Eric" Purvis Memorial
Bridge.
HR 1283 Rep. Ben Harbin - HR 1283 dedicates the bridge at Interstate 20 and Lewiston Road in Columbia County as the Lieutenant General Robert E.
Gray Memorial Bridge.
HR 1302 Rep. Debbie Buckner - HR 1302 honors the life of Mrs. Eleanor D. Roosevelt by dedicating the bridge on State Route 85 Alternate over the
Railroad tracks in the city of Warm Springs in Meriwether County as the Eleanor D. Roosevelt Memorial Bridge.
HR 1329 Rep. Doug Holt - HR 1329 honors Georgia's premier economic development of Stanton Springs by dedicating the portion of State Route
12/U.S. Route 278 in Newton County from .7 miles south of Interstate Route 20 at Exit 101 to the Walton County line north of Interstate Route 20 as the Stanton Springs Parkway.
HR 1331 Rep. Matt Hatchet - HR 1331 honors the life of Laurens County Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and
Colonel Marion Rodgers by dedicating the intersection of U.S. Route 80 at U.S. 441 Bypass in Laurens County as the Tuskegee Airmen Major Herndon Cummings, Colonel John Whitehead, and Colonel Marion Rodgers Intersection.
HR 1346 Rep. Allen Peake - HR 1346 dedicates the interchange of Interstate 475 at Bolingbroke in Monroe County as the Veterans Memorial
Interchange.
HR 1347 Rep. Ed Rynders - HR 1347 dedicates the portion of US Highway 19 from its intersection with the north Lee County line to its intersection
with the south Lee County line as Veterans Memorial Highway.
HR 1366 Rep. Penny Houston - HR 1366 dedicates the portion of State Route 76 in Cook County from 4th Street in Adel to the Brooks County line as the
United States Army Staff Sergeant Briand T. Williams Memorial Highway.
HR 1367 Rep. Penny Houston - HR 1367 dedicates the portion of Georgia Highway 135 in Berrien County from its intersection with Georgia Highway 76
to Georgia Highway 168 as the Lieutenant Colonel Charles W. Rowan Memorial Highway.
HR 1370 Rep. Gloria Frazier - HR 1370 dedicates the portion of State Route 88 in the city limits of Keysville in Burke County as the Mayor Emma
Gresham Highway.
HR 1448 Rep. Patty Bentley - HR 1448 dedicates the portion of U.S. Route 41 from the northernmost point of Houston County to the Florida state line as
the Georgia Grown Trail: 41.
HR 1499 Rep. David Ralston - HR 1499 dedicates the bridge on State Route 515 over the Georgia Northeastern Railroad at milepost 2.4 in Fannin County
as the Robert K. Ballew Memorial Bridge.
HR 1525 Rep. Patty Bentley - HR 1525 dedicates the southbound bridge on State Route 3 over Whitewater Creek in Taylor County as the William
Eugene Bone Memorial Bridge.
HR 1526 Rep. Patty Bentley - HR 1526 dedicates the northbound bridge on State Route 3 over Whitewater Creek in Taylor County as the J. Ran Cooper
Memorial Bridge.
HR 1527 Rep. Patty Bentley - HR 1527 dedicates the southbound bridge on State Route 3 over Cedar Creek in Taylor County as the Reginald S. Carter,
Sr., Memorial Bridge.
HR 1571 Rep. Sharon Beasley-Teague - HR 1571 dedicates the portion of State route 92 in southern Fulton County from U.S. Route 29 (Roosevelt highway) to the
Douglas County line as the George Duke Beasley Memorial Highway.
HR 1572 Rep. Chad Nimmer - HR 1572 renames the bridge over Big Creek on U.S. 82, .7 miles from Schlatterville and 3.1 miles from Hoboken West in
Brantley County as the Charles E. Hickox Memorial Bridge.
AM 390058 Rep. David Ralston Dedicates the bridge on State Route 515 over Rock Creek in Gilmer County as the Rettie and Ewiel E. Hice, Sr., Memorial Bridge.
Dedicates the bridge on State Route 5 over the Toccoa River in Fannin County as the William T. "Boss" Mull Memorial Bridge. - Authored By: Rep. Jay Roberts of the 155th - House Committee: Transportation - A motion to agree represents final passage of this bill.
MOTIONS TO DISAGREE
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. - Authored By: Rep. Paul Battles of the 15th - House Committee: Ways & Means - A motion to disagree sends this bill back to the Senate for consideration.
RULES CALENDAR
HR 1265 - House Study Committee on Autonomous Vehicle Technology; create
- BILL SUMMARY: House Resolution 1265 creates the House Study Committee on Autonomous Vehicle Technology. The seven member study committee shall be appointed by the Speaker of the House of Representatives. The committee shall undertake a study of the issues surrounding autonomous vehicles and publish a report of its findings and recommendations by Dec. 1, 2014. - Authored By: Rep. Trey Kelley of the 16th - House Committee: Science and Technology - Rule: Modified-Open - Amendments(s): AM 39 0069 - Yeas: 158; Nays: 7
HR 1655 - Congress; protect and defend the Constitution of the United States; request
- BILL SUMMARY: This resolution requests that Congress protect and defend the Constitution of the United States and specifically informs the United States Congress that the federal government, pursuant to the Second and Tenth Amendments, has no authority to infringe on the people's Second Amendment right to keep and bear arms. - Authored By: Rep. Tom Kirby of the 114th - House Committee: Judiciary - Rule: Modified-Open - Yeas: 110; Nays: 53
HR 1724 - Sustainable Forestry Initiative; state-wide support for sustainable forest certification; encourage
- BILL SUMMARY: This resolution encourages state-wide support for sustainable forest certification and supports the efforts of Sustainable Forestry Initiative. - Authored By: Rep. Chuck Williams of the 119th - House Committee: Natural Resources & Environment - Rule: Modified-Open - Yeas: 165; Nays: 5
SB 60 - General Assembly; all official communications; officers, members, or employees; electronic format
- BILL SUMMARY: Senate Bill 60 states, "It is the policy of the General Assembly that whenever an official written communication is sent to officers, members, or employees of the General Assembly such communication shall be in an electronic format that creates a record that may be retained, retrieved, and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient." - Authored By: Sen. Bill Heath of the 31st - House Committee: Governmental Affairs - Rule: Modified-Open - Amendment(s): AM 34 0654 - Yeas: 122; Nays: 51
SB 98 - "Federal Abortion Mandate Opt-out Act"
- BILL SUMMARY: Senate Bill 98 provides that the State Health Benefit Plan shall not cover abortion services unless they are deemed to be "medically necessary", as defined in the bill. Further, it provides that should Georgia establish a Health Care Exchange as part of the Affordable Care Act, abortion services would not be covered under those plans. The same exemption for procedures deemed to be medically necessary exists in this provision as well. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Insurance - Rule: Modified-Structured - Amendments(s): AM 25 1335 - Yeas: 105; Nays: 64
SB 187 - State Government; provide exemption for the board of commissioners of Georgia Student Finance Commission; board of directors
- BILL SUMMARY: Senate Bill 187 amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for extended time frame of three years for victims of certain sexual offenses to request victim compensation; to clarify terminology used for persons seeking victim compensation. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Judiciary Non-Civil - Rule: Modified-Open - Yeas: 167; Nays: 1
SB 274 - Capitol Arts Standards Commission; designation of areas within capitol museum; Georgia Capitol Agricultural History Museum areas
- BILL SUMMARY: Senate Bill 274 amends Part 2 of Article 4 of Chapter 13 of Title 45 of O.C.G.A. relating to the Capitol Arts Standards Commission. The revision states that the Capitol Arts Standards Commission, in cooperation with the Board of Regents of the University System of Georgia and the Commission on the Preservation of the State Capitol, shall designate areas within the Capitol museum as Georgia Capitol Agricultural History Museum areas. The Capitol Arts Standards Commission may accept gifts and donations for the purpose of providing for and maintaining capitol artwork for the Georgia Capitol Agricultural History Museum areas. - Authored By: Sen. Valencia Seay of the 34th - House Committee: State Properties - Rule: Modified-Open - Yeas: 166; Nays: 2
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 - House Committee: Defense & Veterans Affairs - Rule: Modified-Open - Yeas: 167; Nays: 0
SB 281 - State Employees; require a high deductible health care plan with health savings account; offered as an option
- BILL SUMMARY: Senate Bill 281 requires that the State Health Benefit Plan offer a high deductible plan that includes a health savings account. - Authored By: Sen. Judson Hill of the 32nd - House Committee: Insurance - Rule: Modified-Structured - Yeas: 167; Nays: 2
SB 282 - Georgia Child Support Commission; enact provisions; relating to child support and enforcement of child support orders
- BILL SUMMARY: Senate Bill 282 clarifies language, expands definitions, and in limited circumstances makes substantial changes to O.C.G.A. 9-6-15. The first substantial change is adding veterans' disability benefits to definition of income. The second substantial changes removes the limitations on who may request a low income deviation. While the change expands those who would qualify for a possible income deviation, even if the Court rules there is economic hardship, the minimum child support shall not be less than $100.00 for one child and shall increase in $50.00 increments per additional child. Senate Bill 282 authorizes the Division of Child Support Services to prepare worksheets if neither parent prepares them. The legislation further changes the review period from 2 to 4 years for the basic child support obligation table. - Authored By: Sen. Chuck Hufstetler of the 52nd - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 161; Nays: 2
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 - House Committee: Education - Rule: Modified-Structured - Amendments(s): AM 33 1437 adds language from HB 897 which repeals, amends, and revises Title 20: 1. Repeals subsection (d) of Code Section 20-2-51. Subsection (d) prohibits any county board of education member in a county with a population between 500,000 and 600,000, according to most recent census data, from holding another elective government office. 2. 3.Clarifies that the state mandates content standards, not curriculum. Adds science and socials studies to the statemandated content standards. 4. Amends O.C.G.A. 20-2-140.1 by adding that students can register for online learning through the clearing-house established pursuant to Code Section 20-2-319.3. 5 & 6. Revises language reflecting content standards, deletes language such as competencies and core curriculum. 7. Clarifies the state mandates content standards and makes first grade readiness report optional instead of mandatory. 8. Clarifies that the state mandates content standards and repeals language regarding the middle grades program. 9. 10. 11. 12. Revises language reflecting content standards, deletes language such as competencies and core curriculum. 13. 14. 15. 16. Repeals all language pertaining to the middle grades program 17. Clarifies the state mandates content standards, not curriculum. 18. Reserved 19. Repeals and reserves Code 20-2-217 relating to professional and staff development stipends. 20. Amends Code 20-2-241 allowing the State School Superintendent to authorize the CFO to enter into contracts of $50.000 or less on behalf of DOE. 21. Clarifies the state mandates content standards, not curriculum. 22. Adds a new Code section, 20-2-244.1 which sets out definitions for students, substantial hardship, variance, and waiver. This Code section also outlines the authority of the State Board of Education to grant waivers and variances. 23. Amends subsection (b) of O.C.G.A. 20-2-260 relating to capital outlay by including expenditures for computer equipment and software. 24. Clarifies the state mandates content standards, not curriculum. 25. Clarifies the state mandates content standards, not curriculum. Revises O.C.G.A. 20-2-281 as it relates to assessments. Writing assessments shall be administered to students in grades designated by the State Board of Education and the state board will develop or adopt an alternate assessment for students with significant cognitive disabilities pursuant to Code Section 20-2-140. Deletes outdated language in section (k)(2). 26. Deletes language that was specific to the middle school program as both the middle school program and middle grades program are being funded in the same category now. 27. Reflecting the Executive Order by the Governor in 2013 to move the Governor's Honors Program to the Office of Student Achievement. 28. Clarifies the state mandates content standards, not curriculum. 29. Revises O.C.G.A. 20-2-315 by making the publication and distribution of the GaDOE annual report regarding expenditures and participation for each gender optional. 30. O.C.G.A. is amended to reflect current funding. Private and home-schooled students may enroll at no cost if appropriations are provided. If appropriations are not provided they may enroll at a cost not to exceed $250.00 per semester. Local systems are responsible for paying for their enrolled students and if said student enrolls in more than the maximum number of courses the student is subject to the cost of tuition not to exceed $250.00 per semester. 31. & 32. Eliminate duplicate language from two online clearing-house bills passing in the same year. 33. Repealing and reserving O.C.G.A. 20-2-319.5, which required the DOE to submit a report by 12/1/12, identifying the best methods and strategies to assist local boards of education in acquiring digital learning. 34. & 35. Clarifies the state mandates content standards, not curriculum. 36. Amends O.C.G.A. 20-2-690, which would require the declaration of intent to utilize the home study program to also include the local school system in which the home study program is located. 37. & 38. State Board of Education will satisfy all outstanding obligations of the local employer to the health insurance fund. 39. Currently, the local board has until April 15th to serve a teacher with a nonrenewal notice and teachers have until May 1st to inform the local board of their intentions not to renew. This section extends those deadlines from April 15th to May 15th and from May 1st to June 1st. 40. This section amends O.C.G.A. to give the State Board of Education the authority to affirm, reverse, remand, or refer to mediation and local board tribunal decision that has been appealed to the state board. 41. Adds a new paragraph to O.C.G.A. 20-2-2062 defining "charter authorizer" or "authorizer." 42. Allows for an expedited petition process for high-performing charter schools to replicate, renew, or expand their school design. Establishes twice a year charter deadlines and "shot clocks". 43. Allows the State Board of Education to set minimum standards for authorizing charter school petition. 44. Provides that all students who reside within a charter attendance zone and submit a timely application shall qualify for enrollment unless the numbers of applicants exceed the capacity of the program, class, grade level, or building. If capacity is exceeded then a random selection process will take place so that all applicants can have an equal opportunity of enrollment.
This section also defines certain categories of students a state charter school may be eligible for preferred enrollment. 45. Provides clarity of the level of local funding for locally approved charters determined by local boards. 46. This section allows the State Board of Education to post unused or underused facilities online so that a charter school or state charter school may determine if the facility is appropriate for school use. 47. Provides that all students who reside within a charter attendance zone, and submit a timely application, shall qualify for enrollment unless the numbers of applicants exceed the capacity of the program, class, grade level, or building. If capacity is exceeded then a random selection process will take place so that all applicants can have an equal opportunity of enrollment. This section also defines certain categories of students a state charter school may be eligible for preferred enrollment. 48. Allows the charter commission to establish application deadlines to submit petitions and clarifies that state charter school state-wide attendance zone also includes solely virtual instruction schools. This section revises O.C.G.A. 20-2-2064.1 by increasing the time frame the state board has to approve or deny a petition to 90 days. As the law stands, the state board now has 60 days to approve or deny a petition. 49. Clarifies 5 mil share deduction for virtual / state-charter schools is in proportion to the initial funding received. This interpretation has already been funded in governors AFY14 and FY15 budgets. Allows state charter schools to receive initial payment July 1 for enrollment growth. 50. Allows the charter commission to incorporate nonprofit corporations to aid the commission in carrying out any of its powers and accomplishing any of its purposes. - Yeas: 119; Nays: 52
SB 286 - Alcoholic Beverages; change the maximum percent by volume of wine; change definitions; authorize wineries to buy and use certain products
- BILL SUMMARY: Senate Bill 286 revises the definition of distilled spirits to mean any alcoholic beverage containing more than 24 percent alcohol by volume. This Bill also revises the definitions of fortified wine, wine, and dessert wine to mean any alcoholic beverage containing not more than 24 percent alcohol by volume, and it additionally stipulates that the definition of manufacturer shall not include those individuals that blend wine with distilled spirits to produce fortified wine. SB 286 allows wineries to purchase distilled spirits directly from manufacturers and blend with wine manufactured by the winery to produce fortified wine. - Authored By: Sen. Jack Murphy of the 27th - House Committee: Regulated Industries - Rule: Modified-Structured - Yeas: 147; Nays: 9
SB 290 - Dog Ownership; allow local governments to confer dog control authority upon multiple individuals
- BILL SUMMARY: SB 290: Section 1: amends OCGA 4-8-22 to allow for creation of multiple dog control officers, but only law enforcement officers
carrying out duty of dog control officer can make arrests. Section 2: OCGA 4-8-23, relating to investigations, notice, hearings, and determinations of dog control cases, amended so that
when a dog control officer determines that a dog is dangerous or vicious, the dog control officer shall main a notice and summary of the determination to the owner within 72 hours. The owner now only has 7 days after the date shown on the notice to request a hearing with the authority, but if no authority has been established then the hearing will be in the probate court where the dog was found. If the owner cannot be located within 10 days of determination then the dog can be placed in an animal shelter or euthanized.
Section 3: OCGA 4-8-30, amended so that any dog owner whose dog has been confiscated may recover such dog upon payment of all reasonable confiscation and housing costs and proof of compliance with the provisions of this article, unless such confiscation is deemed to be in error by a dog control officer, an authority, as defined in Code Section 4-8-23, or a probate court. If owner does not comply within 12 days of the date of confiscation, the dog will be placed in an animal shelter or euthanized.
Section 4: Amends OCGA 4-14-2 to allow for nonsurgical sterilization. Section 5: Amends OCGA 15-9-2, relating to jurisdiction, power and duty of probate courts, by adding new code section OCGA 15-9-30.9, which provides that probate courts and others vested with this jurisdiction, may hear cases of violations of Article 2 of Chapter 8 of Title 4, "Responsible Dog Ownership Law," and to impose civil and criminal penalties. Persons can appeal decisions by animal control of local boards of health in probate court, but only if all costs are paid, unless they are unable to due to indigence. In no case will a court dismiss for nonpayment, unless court directed appellant to and appellant failed to comply. Filing of this notice of appeal shall act as a supersedeas bond, but the probate court upon motion can require good security, unless appellant can't because of indulgency. - Authored By: Sen. Dean Burke of the 11th - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 162; Nays: 3
SB 298 - License Plates; submission of a doctor's prescription; application for a special parking decal for persons with disabilities in lieu of an affidavit; notary public not available
- BILL SUMMARY: Senate Bill 298 removes the requirement that physician prescribed disabled parking permits be notarized. It adds O.C.G.A. 15-18-31, relating to punishments for misdemeanors, generally, so that a prosecuting attorney can choose to allow a person to complete a defensive driving course in certain situations, and only those driver improvement courses certified by the Department of Driver Services or meeting the rules and regulations of the Department of Driver Services can be used. Persons convicted of furnishing alcohol to persons under 21 can be ordered to complete those DUI Alcohol or Drug Use Risk Reduction programs certified by the Department of Driver Services by the court. Approved clinics for defensive driving course must charge $95.
A person shall have his or her license suspended for a period of six months upon the first conviction of a violation of O.C.G.A. 40-6-391 (driving while under influence of drugs or alcohol), where no arrest and conviction or a plea of nolo contendere was accepted for such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, unless the driver's blood alcohol concentration at the time of the offense was 0.15 grams or more shall not be eligible for license reinstatement. At the end of 120 days, the person may apply to the department for early reinstatement of his or her driver's license. The license shall be reinstated if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210 or $200.
Upon the second suspension under Code Section 52-7-12.5(d), within five years, as measured from the dates of previous arrests for which suspensions were obtained the license shall remain suspended for three years, until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved certified by the Department of Driver Services and pays a restoration fee of $200. After 18 months following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege which will only be reinstated earlier if he or she also submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved certified by the Department of Driver Services and pays a restoration fee of $200, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.
If a person's license was suspended pursuant to 40-5-57.1(a) or 40-5-63(a) - 391(a)(1) for violating 40-6-391 within five years and whose Blood Alcohol Content (BAC) was 0.15 or higher, then he or she may apply for an interlock ignition device limited driving permit. However, no person who was exempt from ignition interlock requirements under Article 7 of Chapter 48 of Title 42 can be eligible for an interlock limited permit or any other driving privilege for one year.
Those convicted for driving under the influence of drugs or alcohol shall be required to complete a DUI Alcohol or Drug Use Risk Reduction Program be certified by Department of Driver Services' within 120 days after conviction, or soon thereafter if meeting the 120-day deadline is not possible.
Approved clinics for defensive driving courses must charge $100. The bill requires that certified DUI or Drug Use Risk Reduction Programs require a risk assessment component to be performed before the program administers the intervention component of the program. The program is allowed to include a clinical evaluation after individual completes the risk assessment and intervention services. Certified DUI Alcohol or Drug Use Risk Reduction Programs must charge $100 for the assessment component and $235 for the intervention component.
O.C.G.A. 40-5-4 related to the restoration of licenses to persons completing defensive driving, alcohol, or drug programs, is amended by revising 40-5-82 to provide that applicants who have submitted electronic fingerprints shall not be required to resubmit such fingerprints for an addition application for certification.
A person must have a valid driver's license to operate a motor vehicle in Georgia. If the person is a resident of Georgia for 30 days, then the person must obtain a valid license. If a person is found driving with a Georgia license that has expired, the person is guilty of driving with an expired license unless the license has been expired for less than 31 days at the time of the offense and he or she produces a valid license in court; however, if the person is driving without a valid driver's license in his or her possession but he or she has a valid driver's license, then Code Section 40-5-29 shall apply and the person must pay a $10 fine if convicted. This does not include persons driving with suspended or revoked licenses. - Authored By: Sen. Jack Murphy of the 27th - House Committee: Motor Vehicles - Rule: Modified-Structured - Amendments(s): AM 39 0080 - Yeas: 166; Nays: 2
SB 322 - Game and Fish; provide protection for certain wildlife habitats
- BILL SUMMARY: Senate Bill 322 amends Code Section 27-1-30, relating to prohibitions on disturbing or destroying wildlife habitats, to repeal the exclusion of poisonous snakes. - Authored By: Sen. Tyler Harper of the 7th - House Committee: Game, Fish, & Parks - Rule: Modified-Open - Yeas: 152; Nays: 15
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 - House Committee: Public Safety & Homeland Security - Rule: Modified-Structured - Yeas: 159; Nays: 8
SB 326 - Private Colleges and Universities Authority; authorize the authority to meet by teleconference and other methods permitted by law
- BILL SUMMARY: This legislation changes language to reflect a gender neutral Chairperson and also adds that members can join by teleconference and other means permitted by law to count towards a majority of members present. - Authored By: Sen. Rick Jeffares of the 17th - House Committee: Higher Education - Rule: Modified-Open - Amendments(s): AM 28 1355 - Yeas: 168; Nays: 2
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 - House Committee: Regulated Industries - Rule: Modified-Open - Amendments(s): AM 36 0450 - Yeas: 156; Nays: 8
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 - House Committee: Regulated Industries - Rule: Modified-Open - Yeas: 165; Nays: 1
SB 339 - Retirement and Pension; revise, modernize, correct errors/omissions in said title; Code Revision Commission
- BILL SUMMARY: This bill revises Code sections relating to the Employees' Retirement System, the Judicial Retirement System, and the Peace Officers' Annuity and Benefit Fund. Specifically, this bill updates cross references in the code section relating to those retirement systems with the code section relating to juvenile proceedings. This is a nonfiscal retirement bill. - Authored By: Sen. Jesse Stone of the 23rd - House Committee: Retirement - Rule: Modified-Open - Yeas: 121; Nays: 44
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 - House Committee: Code Revision - Rule: Modified-Structured - Amendments(s): AM 25 1333 - Yeas: 169; Nays: 0
SB 341 - Probate Courts; clerk's authority to act on uncontested matters; repeal a population provision
- BILL SUMMARY: SB 341 amends OCGA 15-9-36 relating to probate judges and clerks: with regard to uncontested matters, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge, who has been a member of the Georgia Bar for at least three years or has been a clerk in the probate court for at least five years, is empowered to exercise all the jurisdiction of the judge of the probate court, regardless of whether the judge is present. - Authored By: Sen. Jesse Stone of the 23rd - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): AM 29 2309ER - Yeas: 153; Nays: 13
SB 350 - Human Services, Dept.of; bidding out of child welfare services state wide through contracts with community based providers
- BILL SUMMARY: Senate Bill 350 provides for a two year pilot program for the purpose of evaluating whether child welfare programs and child welfare services should be privatized state wide and identify which programs and services should be included. The pilot program shall be established in up to three regional service areas. The Department of Family and Children Services of the Department of Human Services shall submit a report no later than July 1, 2016 regarding the quality of performance, outcome measure attainment, and cost efficiency results of the pilot program. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 104; Nays: 70
SB 352 - Georgia Council on Lupus Education and Awareness; create
- BILL SUMMARY: Senate Bill 352 establishes the Georgia Council on Lupus Education and Awareness within the Department of Community Health to develop and implement a program to educate health care providers and the general public about lupus. The council will consist of six members who will serve without compensation. The council will initially investigate the level of education concerning lupus in this state and then develop information on lupus. The council will also develop a directory of lupus related health care services that will be made available on the department's website. The information gathered by the council may be distributed to the general public, health care facilities, governmental agencies, and other groups based on the availability of funds. Finally, the council may solicit and accept donations, gifts, or grants from the public or private sector. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Health & Human Services - Rule: Modified-Open - Amendments(s): AM 34 0657 - Yeas: 159; Nays: 12
SB 358 - Missing Children Information Center; provide missing child reports for foster children
- BILL SUMMARY: Senate Bill 358 stipulates that the following individuals can file police report for missing children: caretakers, governmental units responsible for the child, and other persons with legal custody of the child. - Authored By: Sen. John Albers of the 56th - House Committee: Health & Human Services - Rule: Modified-Open - Yeas: 171; Nays: 0
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 - House Committee: Juvenile Justice - Rule: Modified-Open - Amendments(s): AM 29 2317 adding language from HB 654. House Bill 654 amends 29-2-4(b)(1)-(4) as follows: Paragraph (1) establishes that unless the minor has another living parent, letters of guardianship shall be issued to the individual nominated in the will to serve as testamentary guardian without a hearing, so long as they are willing. If an objection is filed, letters of guardianship are mailed after a hearing on the objection. Paragraph (2) establishes that notice is sent by certified mail or statutory overnight delivery in the following line of inheritance: 1) adult siblings if any; 2) grandparents and; 3) great-grandparents, aunts, uncles, great aunts and uncles. 9Section 2, lines 47-50, the names and address of those required to be served shall be provided by the individual who files the petition to probate the will.) Paragraph (3) establishes that objections to the listed testamentary guardian must be filed within 10 days of being served with notice. The objection shall include facts with reasonable specificity as to why the testamentary guardian is unfit. Paragraph (4) establishes hearing requirement of 30 days in which to hear an objection. The guardian shall be nominated testamentary guardian unless the objector, by clear and convincing evidence, establishes that the guardian is unfit. The process shall not delay the will being probated. - Yeas: 165; Nays: 7
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 - House Committee: Juvenile Justice - Rule: Modified-Open - Amendments(s): AM 29 2313 - Yeas: 164; Nays: 2
SB 367 - Metropolitan Area Planning and Development Commissions; change the eligibility to be a member of a commission
- BILL SUMMARY: Senate Bill 367 adds a provision that the president or presiding officer of the legislative body of the most populous municipality will be a member of the metropolitan area planning and development commission. - Authored By: Sen. Hunter Hill of the 6th - House Committee: State Planning & Community Affairs - Rule: Modified-Open - Amendments(s): AM 28 1362 - Yeas: 136; Nays: 33
SB 374 - "Urban Redevelopment Law"; revise terminology from "slums" to "pockets of blight"
- BILL SUMMARY: Senate Bill 374 changes the terminology in the urban redevelopment law relating to "slums" and refers to those areas as "pockets of blight".
It 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: Sen. Bill Cowsert of the 46th - House Committee: Governmental Affairs - Rule: Modified-Open - Yeas: 167; Nays: 4
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 - House Committee: Public Safety & Homeland Security - Rule: Modified-Structured - Yeas: 176; Nays: 0
SB 383 - Coroners; items of value of the deceased shall not be converted to the coroner/medical examiner's personal use
- BILL SUMMARY: This legislation amends Code Section 45-16-25 by adding language to prevent a coroner or medical examiner from converting property of the deceased into his/her personal property. More specifically, Senate Bill 383 adds language that states "[i]n no circumstance shall the property be converted to the personal use of the coroner or county medical examiner" and "provides that any objects of value shall be returned to the next of kin of the deceased when no longer needed in the investigation or for evidence in a prosecution." - Authored By: Sen. Hardie Davis of the 22nd - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 163; Nays: 6
SB 386 - Civil Practice; prohibit public disclosure; social security numbers, taxpayers identification numbers; court documents
- BILL SUMMARY: Section 1 amends the O.C.G.A. 9-11-3 (relating to pleadings and motions) by adding 9-11-7.1 to provide for redacted filings in court and summons of garnishment. Limits social security numbers, taxpayer identification numbers, and financial account numbers, to last 4 digits, also limits birth date to just the year. However, in the case of garnishment if the plaintiff has reasonable access to those full numbers, then the plaintiff must provide those full numbers on the copy of the summons of garnishment served on the garnishee and defendant.
The exceptions to the redaction requirement for pleadings and motions filed with the court: financial account numbers related to property allegedly subject to a civil forfeiture proceeding; the official record of an administrative or agency proceeding, or official record of a court or tribunal in another case or proceeding; as well as a filings made in probate court or by court order made under seal without redaction. An inadvertent failure to make required redactions are a curable defect and do not prevent a document from being filed with the court.
Section 2: amends OCGA 9-11-133 (related to general civil case filing), by requiring filer acknowledgment that the filing satisfies the redaction requirements defined in section 1.
Section 3: Amends OCGA 15-10-42 (exempting proceedings in the magistrate court from the Chapter 11 of Title 9, the "Georgia Civil Practice Act"), by making OCGA 15-10-43 and 15-10-42 exceptions to that exemption.
Section 5: Adds new code section OCGA 15-10-54 to provide for redacted summons of garnishment. Limits social security numbers, taxpayer identification numbers, and financial account numbers, to last 4 digits, and limits birth date to just the year in summons of garnishment filed with the Court. However, if the plaintiff has reasonable access to those full numbers, then the plaintiff must provide those full numbers on the copy of the summons of garnishment served on the garnishee and defendant.
The exceptions to the garnishment summons redaction requirement are: the official record of an administrative or agency proceeding, or the official record of a court or tribunal in another case or proceeding, an unredacted filing made under seal by court order.
An inadvertent failure to make required redactions are a curable defect and do not prevent a document from being filed with the court. However, under subsection (h), where a person discloses their own information not under seal, which if filed by the other party is entitled to be redacted, that filer waives redaction protections, even if the disclosure is inadvertent. The Court however, may, upon good cause shown, order additional redactions, and limit a nonparty's electronic access to a filed document. Court may also order a filing be made under seal without redaction, later unseal the filing, order the filer to file a
redacted version for the public record. Court is explicitly empowered to order unredacted filings be sealed and that redacted versions of the same filing be filed for the public record. Filers may: petition the court to file an unredacted filing under seal, show good cause to redact information other than what is required to already be redacted. A reference list as to what was redacted can be filed under seal, and "amended as of right" with a redacted filing.
Section 6: amends OCGA 18-4-20(h) and (i) [relating to property subject to garnishment]. The summons of garnishment shall include the defendant's social security number to extent plaintiff has reasonable access to it. However, if such filing is made with the court the Defendant's social security numbers and taxpayer identification numbers are limited to the last 4 digits.
A summons of garnishment to a financial institution shall include, to extent plaintiff has reasonable access to it, the defendant's name and known aliases, address, social security number, taxpayer identification numbers, account identification or tracking numbers known or suspected by the plaintiff to be used by the garnishee. However, if such summons is filed with the court then the defendant's social security number, taxpayer identification numbers, financial account numbers to last 4 digits, but the plaintiff must still provide those full numbers on the copy of the summons of garnishment served on the garnishee and defendant. Misspellings so long as not misleading will not invalidate the summons. - Authored By: Sen. John Albers of the 56th - House Committee: Judiciary - Rule: Modified-Open - Amendments(s): AM 21 3893 adds language from HB 758. HB 758 amends O.C.G.A. 15-6-3 by changing the terms of Court in Bartow County from February, August, April, and October, to February, May, August, and November. - Yeas: 174; Nays: 0
SB 391 - Health; provide that each medical facility make a good faith application; TRICARE network
- BILL SUMMARY: Senate Bill 391 stipulates that each medical facility in Georgia must make good faith applications to the TRICARE program no later than July 1, 2015. If the facility fails to qualify for the TRICARE program, the facility must implement a plan to upgrade the facility. The facility is responsible for submitting reports to the commissioner of public health detailing their efforts to join the program. The commissioner must maintain files on each medical facility and monitor their effort. Medical facilities are not required to participate in the TRICARE programs. - Authored By: Sen. Don Balfour of the 9th - House Committee: Health & Human Services - Rule: Modified-Structured - This bill was "Tabled" by the House
SB 392 - Motor Vehicles; provide additional definition; acceptance of applications for registration; not in compliance with federal emission standards
- BILL SUMMARY: Senate Bill 392 provides that military surplus vehicles sold in Georgia shall not be subject to federal emission standards. It also provides that vehicles older than 25 years are not required to meet the federal emission standards. - Authored By: Sen. Steve Gooch of the 51st - House Committee: Motor Vehicles - Rule: Modified-Structured - Amendments(s): AM 39 0070 - Yeas: 172; Nays: 0
SR 415 - Taxes; increase in state income tax rate prohibited -CA
- BILL SUMMARY: This resolution proposes an amendment to the constitution so as to cap the maximum rate for income tax that can be imposed by the State of Georgia. - Authored By: Sen. David Shafer of the 48th - House Committee: Ways & Means - Rule: Structured - Yeas: 120; Nays: 54
SR 875 - Property Tax Digest Impact on Education Funding; create Joint Study Committee
- BILL SUMMARY: This resolution would create the Property Tax Digest Impact on Education Funding Joint Studying Committee to be comprised of members of both the House and Senate and to meet during the interim of 2014 and report back to the General Assembly its findings. - Authored By: Sen. Jack Hill of the 4th - House Committee: Ways & Means - Rule: Structured - Yeas: 174; Nays: 0
SR 981 - Violence Against Health Care Workers; create joint study committee
- BILL SUMMARY: SR 981 creates the Joint Study Committee on Violence Against Health Care Workers. Over 80 percent of all hospital staff have been assaulted at least once in their career, and this workplace violence results in increased costs and diversion of resources for increased hospital security. This study committee will be comprised of 11 members who will study the cause of workplace violence and develop solutions to prevent it. - Authored By: Sen. Renee S Unterman of the 45th - House Committee: Health & Human Services - Rule: Modified-Open - Amendments(s): AM 37 0250 - Medical Canabis Study Committee - Yeas: 171; Nays: 2
LOCAL CALENDAR
HB 1105 - Telfair County; providing county officers shall be ineligible to hold office under certain conditions; repeal amendment
- BILL SUMMARY: A Bill to repeal the amendment to the Constitution of Georgia providing that county officers of Telfair County shall be ineligible to hold office under certain conditions. - Authored By: Rep. Jimmy Pruett of the 149th - House Committee: Intragovernmental Coordination - Local - A motion to agree represents final passage of this bill.
HB 1147 - Orchard Hill, City of; provide new charter
- BILL SUMMARY: A Bill to provide a new charter for the City of Orchard Hill. - Authored By: Rep. David Knight of the 130th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 159; Nays: 0
SB 423 - City of Berkeley Lake; change number of councilmembers required for a quorum with the mayor
- BILL SUMMARY: A Bill to provide a new charter for the City of Berkeley Lake. - Authored By: Sen. David Shafer of the 48th - House Committee: Intragovernmental Coordination - Local - Rule: Open - Amendments(s): N/A - Yeas: 159; Nays: 0
POSTPONED LEGISLATION
SB 294 SB 304 SB 343 SR 937
* The House will reconvene Thursday, March 20, at 9:30 AM, for its 40th Legislative Day.
COMMITTEE ACTION REPORT
Education
HR 550 - General Assembly; election of local school superintendents as alternative to appointment; provide - CA
- BILL SUMMARY: House Resolution 550 creates the House Study Committee on the Role of Federal Government in Education. The composition of the committee includes the House Education Committee Chair and the House Higher Education Committee Chair or a person designated by them. It will also include three additional House members, a State Board of Education member, three local superintendents, three teachers, and three parents or grandparents. The purpose of the committee is to study the federal government's role in public education and whether a recommendation should be made that the United States Department of Education be abolished. - Authored By: Rep. Rick Jasperse of the 11th - Committee Action: Do Pass by Committee Substitute
Judiciary
SB 282 - Georgia Child Support Commission; enact provisions; relating to child support and enforcement of child support orders
- BILL SUMMARY: Senate Bill 282 clarifies language, expands definitions, and in limited circumstances makes substantial changes to O.C.G.A. 9-6-15. The first substantial change is adding veterans' disability benefits to definition of income. The second substantial changes removes the limitations on who may request a low income deviation. While the change expands those who would qualify for a possible income deviation, even if the Court rules there is economic hardship, the minimum child support shall not be less than $100.00 for one child and shall increase in $50.00 increments per additional child. Senate Bill 282 authorizes the Division of Child Support Services to prepare worksheets if neither parent prepares them. The legislation further changes the review period from 2 to 4 years for the basic child support obligation table. - Authored By: Sen. Chuck Hufstetler of the 52nd - Committee Action: Do Pass
Judiciary
SB 290 - Dog Ownership; allow local governments to confer dog control authority upon multiple individuals
- BILL SUMMARY: SB 290: Section 1: amends OCGA 4-8-22 to allow for creation of multiple dog control officers, but only law enforcement officers
carrying out duty of dog control officer can make arrests. Section 2: OCGA 4-8-23, relating to investigations, notice, hearings, and determinations of dog control cases, amended so that
when a dog control officer determines that a dog is dangerous or vicious, the dog control officer shall main a notice and summary of the determination to the owner within 72 hours. The owner now only has 7 days after the date shown on the notice to request a hearing with the authority, but if no authority has been established then the hearing will be in the probate court where the dog was found. If the owner cannot be located within 10 days of determination then the dog can be placed in an animal shelter or euthanized.
Section 3: OCGA 4-8-30, amended so that any dog owner whose dog has been confiscated may recover such dog upon payment of all reasonable confiscation and housing costs and proof of compliance with the provisions of this article, unless such confiscation is deemed to be in error by a dog control officer, an authority, as defined in Code Section 4-8-23, or a probate court. If owner does not comply within 12 days of the date of confiscation, the dog will be placed in an animal shelter or euthanized.
Section 4: Amends OCGA 4-14-2 to allow for nonsurgical sterilization. Section 5: Amends OCGA 15-9-2, relating to jurisdiction, power and duty of probate courts, by adding new code section OCGA 15-9-30.9, which provides that probate courts and others vested with this jurisdiction, may hear cases of violations of Article 2 of Chapter 8 of Title 4, "Responsible Dog Ownership Law," and to impose civil and criminal penalties. Persons can appeal decisions by animal control of local boards of health in probate court, but only if all costs are paid, unless they are unable to due to indigence. In no case will a court dismiss for nonpayment, unless court directed appellant to and appellant failed to comply. Filing of this notice of appeal shall act as a supersedeas bond, but the probate court upon motion can require good security, unless appellant can't because of indulgency. - Authored By: Sen. Dean Burke of the 11th - Committee Action: Do Pass by Committee Substitute
Judiciary Non-Civil
HR 1805 - House Study Committee on DUI Recidivism and Driver's License Suspensions and Reinstatements; create
- BILL SUMMARY: HR 1805 creates the House Study Committee on DUI Recidivism and Driver's License Suspensions and Reinstatements. The committee will be composed of five members of the House who are appointed by the Speaker of the House, and the committee shall undertake a study of the conditions, needs, issues, and problems related to recidivism of driving under the influence. HR 1805 also creates the House Study Committee on For-Hire Transportation Services. This committee will be composed of five members of the House of Representatives appointed by the Speaker of the House, and the committee shall undertake a comprehensive study of the conditions, needs, issues, and problems related to challenges posed by for-hire transportation services create in protecting the traveling public and ensuring the safety of persons using such forms of transportation services. - Authored By: Rep. Alan Powell of the 32nd - Committee Action: Do Pass by Committee Substitute
State Planning & Community Affairs
HR 1828 - House Study Committee on Aviation and Jobs; create
- BILL SUMMARY: HR 1828 creates the House Study Committee on Aviation and Jobs. The committee will consist of five members appointed by the Speaker of the House of Representatives. - Authored By: Rep. Jimmy Pruett of the 149th - Committee Action: Do Pass
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
_____________________________________________________________________________________________________________________________________________________
COMMITTEE MEETING SCHEDULE
11:00 AM - 12:00 PM TBD
Wednesday, March 19, 2014 NATURAL RESOURCES & ENVIRONMENT and EDUCATION
Thursday, March 20, 2014 FLOOR SESSION (LD 40)
606 CLOB HOUSE CHAMBER
* 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.