Daily report [Feb. 26, 2015]

Georgia House of Representatives

DAILY REPORT 23rd Legislative Day

Thursday, February 26, 2015

House Budget & Research Office (404) 656-5050

House Communications Office (404) 656-0305

The House will reconvene for its 24th Legislative Day on Monday, March 2 at 10:00 a.m. The Rules committee will meet at 9:00 a.m.

Today on the Floor

Motions to Agree
HB 300 DeKalb County State Court; establish traffic division of said court; provisions Bill Summary: A Bill to amend an Act creating the State Court of DeKalb County, so as to establish the traffic division.
Authored By: Rep. Mary Oliver (82nd) Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 302 DeKalb County; Chief Magistrate and other judges; increase and establish salaries Bill Summary: A Bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County.
Authored By: Rep. Mary Oliver (82nd) Motions to Agree: (A motion to agree represents final passage of the bill.)

Rules Calendar
HB 76 General appropriations; State Fiscal Year July 1, 2015 - June 30, 2016
Bill Summary: House Bill 76 is the $21.7 billion state budget plan for Fiscal Year 2016 beginning July 1, 2015. In the budget, 55 percent of state revenues are designated for education. Health and human services agencies are authorized to receive 22.2 percent of available funds, and 8.7 percent of revenues are allocated for public safety agencies.

Authored By: Rep. David Ralston (7th) House Committee: Appropriations

Floor Vote:

Yeas: 171 Nays: 2

Rule Applied: Committee Action: Amendments:

02-25-2015 Do Pass by Committee Substitute

Postponed Until Next Legislative Day
HB 71 Pardons and paroles; provide input and transparency relative to granting a parole or commutation of a death sentence to a life sentence; provisions
Bill Summary: This bill imposes several requirements on the State Board of Pardons. First, it changes procedures for notifying a victim of an impending parole, pardon, release of an inmate, or request to commute a death sentence. The bill also allows information regarding a person who has previously been paroled but whose civil rights have been restored to be released publicly. Next, the bill requires that a written decision granting a pardon or commuting a death sentence contain certain additional information. The bill also requires that the Board, when considering any case within its power, to consider certain additional information about the person in question. Finally, it requires the Board to release certain information upon request and adds to the list of information required to be
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Daily Report for February 26, 2015

Today on the Floor

disclosed.
Authored By:

Rep. Kevin Tanner (9th)

Rule Applied: Modified-Structured

HB 118

Drivers' licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions
Bill Summary: House Bill 118 is a housekeeping bill for the Department of Driver Services. It is required to be in compliance with the Federal Motor Carrier Statute.

Authored By: Rep. Kevin Tanner (9th)

Rule Applied: Modified-Structured

HB 184

Banking and finance; extensively revise Title 7; provisions
Bill Summary: HB 184 amends Title 7 in five main respects. First, the bill eliminates the duplicate and triplicate filing requirements for articles of incorporation, articles of amendment, and articles of conversion. Second, the bill prohibits a director of a credit union from engaging in certain transactions with the credit union, authorizes the Department of Banking and Finance to appoint a conservator to failing credit unions, and adds regulatory procedures for merging and converting credit unions. Third, the bill eases the licensing and transaction notification requirements for individuals selling checks and money orders. Fourth, the bill permits the Department of Banking and Finance to suspend a mortgage originator's license if the lender is no longer sponsored by a licensed mortgage broker. Fifth, the bill adds charter approval requirements and merchant fund procedures for merchant acquiring limited purpose banks.

Authored By: Rep. Bruce Williamson (115th)

Rule Applied: Modified-Structured

HB 192

Local government; counties, municipal corporations, school districts, and consolidated governments be reimbursed for expenses only through submission of expense reimbursement requests; provisions
Bill Summary: House Bill 192 amends the Official Code of Georgia by adding a new Code section that relates to the general provisions regarding counties, municipal corporations, and other governmental entities. It states that an elected official of a county, municipal corporation, local school system, or consolidated government shall be prohibited from the use of a government purchasing or credit card unless: such purchases are solely for items or services relating to such official's public duties; and such purchases are in accordance with guidelines that are adopted by the county, municipal corporation, local school system, or consolidated government.

Purchases made by government purchasing or credit card shall be available for public inspection and each county, municipal corporation, local school system, or consolidated government must promulgate specific policies regarding the use of government purchasing or credit card no later than January 1, 2016, with such policies including: designation of officials who may use such purchasing or credit cards; a requirement that authorized users must sign a cardholder agreement; transaction limits; a description of purchases that shall be and shall not be authorized; designation of a card administrator; a process for auditing and reviewing purchases made; and procedures and penalties for addressing violations made with such cards.

Authored By: Rep. Alan Powell (32nd)

Rule Applied: Modified-Structured

HB 207

Courts; judge, judicial officer, grand juror, or trial lawyer may be disqualified for presiding or serving due to being related by consanguinity or affinity to a party; change provisions
Bill Summary: HB 207 provides that no judges, grand jurors, or trial jurors may serve in any case where they are related within the third degree to any party interested in the result of the case.

Currently, Georgia law uses the sixth degree. For example, the computation of relationships under the civil law is by counting "steps" or generations from one ancestor to the next, counting each "step" or generation as one degree. If such calculation shows the two persons to be related within the sixth

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Daily Report for February 26, 2015

Today on the Floor

degree, the potential juror is disqualified. Thus, if the prosecuting witness is a third cousin of a potential juror, he is disqualified. Historically, Georgia used the ninth degree until 1935.

Authored By: Rep. Beth Beskin (54th)

Rule Applied: Modified-Open

HB 210 Drivers' licenses; provide for dissemination of certain information by the Department of Driver Services; provisions
Bill Summary: House Bill 210 allows for organ donation on state issued I.D. cards.

Authored By: Rep. Terry Rogers (10th)

Rule Applied: Modified-Open

HB 325 Safety belts; definition of term passenger vehicle; modify
Bill Summary: House Bill 325 includes 15-passenger vans in the definition of passenger vehicles as it relates to safety belts in passenger vehicles.

Authored By: Rep. Bill Hitchens (161st)

Rule Applied: Modified-Structured

HB 362

Student health; licensed health practitioners to prescribe albuterol sulfate for schools; authorize
Bill Summary: HB 362 allows school systems to stock asthma medication. Any school employee trained in recognizing symptoms of respiratory distress may provide the medication or administer it to a student. This bill also allows schools to purchase asthma medication directly from manufacturers and allows physicians to prescribe the medication to schools.

Authored By: Rep. Valerie Clark (101st)

Rule Applied: Modified-Structured

Local Calendar
HB 447 Macon Water Authority Act; change compensation of members; provisions
Bill Summary: A Bill to amend an Act known as the `Macon Water Authority Act,' so as to change compensation of members of the authority.

Authored By: Rep. James Epps (144th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

02-25-2015 Do Pass

HB 448

Barrow County; Board of Education; time to appoint a member to a vacancy on board; revise provision
Bill Summary: A Bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to revise the manner of filling a vacancy.

Authored By: Rep. Terry England (116th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

02-25-2015 Do Pass

HB 449

Barrow County; ad valorem tax; eliminate requirement to submit a new application for the exemption in the year following a reevaluation
Bill Summary: A Bill to provide a homestead exemption from certain Barrow County school district ad valorem taxes for educational purposes.

Authored By: Rep. Terry England (116th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

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02-25-2015 Do Pass

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Daily Report for February 26, 2015

Today on the Floor

HB 453 Kingsland, City of; election of mayor and council by majority vote; provide
Bill Summary: A Bill to incorporate the City of Kingsland in Camden County, so as to provide for election of the mayor and council by majority vote.

Authored By: Rep. Jason Spencer (180th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

02-25-2015 Do Pass

HB 454 Kingsland, City of; holding of elections in even-numbered years; provide
Bill Summary: A Bill to incorporate the City of Kingsland in Camden County, so as to provide for the holding of elections in even-numbered years.

Authored By: Rep. Jason Spencer (180th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

02-25-2015 Do Pass

HB 465 Putnam County; levy an excise tax
Bill Summary: A Bill to authorize the governing authority of Putnam County to levy a hotel/motel tax.

Authored By: Rep. E. Culver "Rusty" Kidd (145th) Rule Applied:

House Committee: Intragovernmental Coordination - Committee

Local

Action:

Floor Vote:

Yeas: 166 Nays: 0

Amendments:

02-25-2015 Do Pass

HB 468 Mount Zion, City of; provide a new charter Bill Summary: A Bill to provide a new charter for the City of Mount Zion.

Authored By: Rep. Kevin Cooke (18th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

02-25-2015 Do Pass

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Daily Report for February 26, 2015

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 24th Legislative Day, Monday, March 2, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Monday, March 2, at
9:00 a.m., to set the Rules Calendar for the 25th Legislative Day.

HB 18

Professional engineers and land surveyors; defense, aviation, space or aerospace companies from complying with provisions; exempt
Bill Summary: HB 18 pertains to allowing professional engineers or land surveyors in the defense, aviation, space, or aerospace company, to work without requiring licensing, if a license is not otherwise required. The proposed additions broaden employees this act applies to and removes license restrictions from similarly situated persons, such as properly certified architects, Department of Transportation employees that do no conflict with Title 46, and women. Also, engineers and land scape employees working in the specified industries would be expanded in two ways. First, the definition of company includes "any sole proprietorship" and "any affiliate" of the business entities described. Second, the bill includes individuals "who provides engineering for aircraft, space launch vehicles, or aerospace-related products or services."

Authored By:

Rep. Jason Spencer (180th)

House Committee: Regulated Industries

Rule Applied: Committee Action:

Modified-Structured 02-17-2015 Do Pass

HB 51

Taxes; amount payable at redemption of property; change provisions
Bill Summary: Currently, the purchaser of a tax deed is required to join the applicable property owners' association and make payments to the association. HB 51 applies to tax sales made after July 1, 2015, and provides that if the property is redeemed by the original owner, the redemption price paid to the tax sale purchaser must include any payments made by the tax sale purchaser to the property owners' association.

Authored By: Rep. Tommy Benton (31st) House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Open 02-19-2015 Do Pass by Committee Substitute

HB 99

Property; joint tenants divorce or have marriage annulled under certain circumstances; provide tenancy in common
Bill Summary: In many divorce actions in which the parties represent themselves, the parties' interests in jointly held property is not properly divided. HB 99 allows divorced couples to convert a joint tenancy with right of survivorship into a tenancy in common if either spouse files an affidavit in the county property records containing a statement that the parties have divorced or their marriage has been annulled.

Authored By:

Rep. Eddie Lumsden (12th)

House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Open 02-19-2015 Do Pass by Committee Substitute

HB 185 Insurance; Standard Valuation Law; extensively revise
Bill Summary: House Bill 185 is model legislation brought by the National Association of Insurance Commissioners. It changes the method for how life insurance companies calculate their reserves. It replaces the current formula based model and moves to an actuary based model.

Authored By:

Rep. Jason Shaw (176th)

House Committee: Insurance

Rule Applied: Committee Action:

Modified-Open 02-25-2015 Do Pass

HB 197 Debtor-Creditor Uniform Law Modernization Act of 2015; enact Bill Summary: HB 197 updates and modernizes three uniform acts in the debtor-creditor area to reflect recent changes to these acts by the Uniform Law Commission:
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Daily Report for February 26, 2015

Next on the Floor

`Uniform Foreign-Country Money Judgments Recognition Act,' which codifies the most prevalent common law rules with regard to the recognition and enforcement of money judgments rendered in other countries; Article 1 of the Uniform Commercial Code (UCC), which serves all other articles of the UCC with definitions and general provisions; and, `Uniform Voidable Transactions Act,' formerly named the `Uniform Fraudulent Transfer Act,' strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor's creditors

Authored By: Rep. Mike Jacobs (80th) House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Structured 02-19-2015 Do Pass by Committee Substitute

HB 233 Georgia Uniform Civil Forfeiture Procedure Act; enact
Bill Summary: House Bill 233, the `Georgia Uniform Civil Forfeiture Procedure Act' (UCFPA), brings uniformity, clarity, and accountability to Georgia civil forfeiture procedure. The UCFPA provides for increased transparency and oversight in the civil forfeiture process by strengthening the mandatory reporting requirements of all law enforcement agencies. It standardizes civil forfeiture procedure statewide, collecting the disparate provisions into one uniform procedure to be followed for almost all civil forfeitures. Ultimately, the Act aims to strike a balance between promotion of public safety by ensuring that individuals proven guilty of a crime are forced to turn over the fruits of their illegal activity and protection of innocent individuals, to ensure their property will not be taken.

The UCFPA provides for due process safeguards to assist innocent owners in recovering seized property. By simplifying the standard for initiating a claim to recover wrongfully seized property, the Act reduces the likelihood that procedural pitfalls will deprive an innocent owner of his or her day in court. A provision of the Act allows the judge in a civil forfeiture action to grant either party additional opportunity for investigation into the facts and issues involved. Additionally, it permits anyone who has a claim to the seized property to appear before the court to defend his or her interest. The Act eliminates imposition of the State's litigation costs on an unsuccessful forfeiture claimant; this provision encourages innocent owners to bring their claims by eliminating the chilling effect generated by the possibility of paying the legal expenses of both sides in addition to forfeiting the seized property.

Increased accountability and transparency in the civil forfeiture process are strongly emphasized themes in the UCFPA. The Act strengthens and standardizes the mandatory reporting requirements of all law enforcement agencies by requiring agencies to provide a proper accounting of all property and funds derived from seizures and forfeitures, and recognize that the proceeds become public funds through the forfeiture. The UCFPA defines the specific purposes for which law enforcement agencies may use forfeited proceeds. Payment of salaries or rewards to law enforcement officers would not be considered an authorized expenditure. The Act resolves ambiguities in reporting procedure by authorizing the creation of a standardized reporting form and placing the duty to submit the form annually on all law enforcement agencies, which have control over expenditure of any forfeiture proceeds.

Authored By:

Rep. Alex Atwood (179th)

House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Structured 02-24-2015 Do Pass by Committee Substitute

HB 234 Tax collection; days in which the Federal Reserve Bank is closed in the list of days that excuse late filing or payment; include
Bill Summary: HB 234 allows for an extension of when taxes must be remitted to the Department of Revenue for circumstances when the Federal Reserve Bank may be closed for any other reason excluding legal holidays.

Authored By:

Rep. Dale Rutledge (109th)

House Committee: Ways & Means

Rule Applied: Committee Action:

Structured 02-12-2015 Do Pass

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Daily Report for February 26, 2015

Next on the Floor

HB 316 Professional corporations; practice of medicine and surgery and optometry shall be considered the practice of only one profession; provide
Bill Summary: This bill allows ophthalmologists to organize and jointly own a professional corporation with optometrists so long as they continue to practice within their respective scopes established by law.

Authored By: Rep. Albert Reeves (34th) House Committee: Regulated Industries

Rule Applied: Committee Action:

Modified-Structured 02-24-2015 Do Pass by Committee Substitute

HB 340 Alcoholic beverages; sales on Sunday during Saint Patrick's Day holiday period; change certain provisions
Bill Summary: HB 340 allows for a more flexible time period for bars to sell alcohol over the Saint Patrick's Day holiday.

Authored By: Rep. Jesse Petrea (166th) House Committee: Regulated Industries

Rule Applied: Committee Action:

Modified-Structured 02-24-2015 Do Pass

HB 394 Georgia Board of Nursing; revise provisions relating to powers and duties; provisions
Bill Summary: HB 394 authorizes the Georgia Board of Nursing to investigate disciplinary orders issued by the former Georgia Board of Examiners of Licensed Practical Nurses. Additionally, this bill allows those individuals who have graduated from a nursing education program located outside of the United States to be eligible for licensure as a registered professional nurse.

Authored By: Rep. Sharon Cooper (43rd) House Committee: Health & Human Services

Rule Applied: Committee Action:

Modified-Structured 02-23-2015 Do Pass

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Daily Report for February 26, 2015

Committee Actions

Committee Actions
Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar.

Industry and Labor Committee
HB 348 Labor; create State Workforce Development Board; provisions
Bill Summary: House Bill 348 moves the State Workforce Board from the Department of Labor to the Department of Economic Development.

Authored By: House Committee:

Rep. Robert Dickey (140th) Industry and Labor

Committee Action:

02-26-2015 Do Pass

HB 366

Employment of minors; change certain provisions; provisions
Bill Summary: House Bill 366 allows the parents of home-schooled children to sign off on applications for employment certificates for minor children. Under current law, these parents must use an administrator from the public high school for which their child is districted to sign. It further provides that documents relating to the employment of minors as actors or performers shall be exempt from open records requests.

Authored By: House Committee:

Rep. Brian Strickland (111th) Industry and Labor

Committee Action:

02-26-2015 Do Pass by Committee Substitute

HB 368 Construction; glass installations; repeal and reserve Part 5 of said article
Bill Summary: House Bill 368 repeals the Code requirement for the Department of Insurance to regulate commercial glass installation because the process is regulated by federal regulation.

Authored By: House Committee:

Rep. Brian Strickland (111th) Industry and Labor

Committee Action:

02-26-2015 Do Pass

HB 412

Workers' compensation; change certain provisions
Bill Summary: House Bill 412 addresses concerns that were raised by an appellate case, Pitts v. City of Atlanta. It is believed that this case impaired the Exclusive Remedy Doctrine. The bill uses the same language as the exclusive remedy provision of the Occupational Disease statute within the worker's compensation act. By doing so, the provision does clarify that the exclusive remedy is, indeed exclusive, unless the employer expressly agrees to an exception in writing (but general contractual provisions will not have the employer inadvertently provide such exception).

Authored By: House Committee:

Rep. Mark Hamilton (24th) Industry and Labor

Committee Action:

02-26-2015 Do Pass by Committee Substitute

Judiciary Committee
HB 267 Property; witnessing requisites of deeds, mortgages, and bills of sale; change and clarify provisions
Bill Summary: HB 267 clarifies provisions in Title 44 regarding the number and type of witnesses required to execute and record certain security instruments. HB 267 removes the acknowledgment provisions to clarify that only attestation will suffice in recording and executing mortgages, security deeds, and bills of sale to secure debt. The bill replaces circular, ambiguous language with clearly

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Daily Report for February 26, 2015

Committee Actions

delineated requirements for execution and recordation of these security instruments, and also removes some outdated terminology.

Authored By: House Committee:

Rep. Trey Kelley (16th) Judiciary

Committee Action:

02-26-2015 Do Pass by Committee Substitute

HB 377 Courts; collection of delinquent fees and statutory surcharges; provide
Bill Summary: HB 377 allows a local governing authority, with the recommendation of a court, to contract with a private individual or company for collection of money owed to the court.

Authored By: House Committee:

Rep. Barry Fleming (121st) Judiciary

Committee Action:

02-26-2015 Do Pass by Committee Substitute

Regulated Industries Committee
HB 276 Alcoholic beverages; modernize certain terms; provisions
Bill Summary: HB 276 is a cleanup bill regarding the alcoholic beverage Code. The bill removes undefined terms, more logically sorts sections within Title Three, removes unconstitutional provisions, and defines industry terms within the Code.

Authored By: House Committee:

Rep. Brett Harrell (106th) Regulated Industries

Committee Action:

02-26-2015 Do Pass by Committee Substitute

Ways & Means Committee
HB 200 Income tax credit; change amount of credit for electric vehicle chargers; provisions
Bill Summary: This legislation amends the electric vehicle charging station tax credit to allow for a business involved in the ownership or operation of commercial office, residential retail, or industrial real property to qualify for the credit. Additionally, until June 30, 2018 the credit would be adjusted to 20 percent of the value of the charger or $2,500, whichever is less. From July 2, 2018 through June 30, 2020, the value of the credit would be 10 percent of the charger or $2,500, whichever is less.

Authored By: House Committee:

Rep. Don Parsons (44th) Ways & Means

Committee Action:

02-26-2015 Do Pass by Committee Substitute

HB 237

State income tax; angel investor tax credit; extend
Bill Summary: HB 237 extends the Angel Investor Tax Credit, at the current capped amount of five million dollars for calendar years 2016-2020. These credits may be only claimed two years after the credit has been created.

Authored By: House Committee:

Rep. Bruce Williamson (115th) Ways & Means

Committee Action:

02-26-2015 Do Pass by Committee Substitute

HB 275 Income tax; claimant agency; revise definition
Bill Summary: HB 275 adds the Georgia Lottery Commission to the list of state agencies that are able to access the setoff debt program for funds owed to them from retailers of lottery items.

Authored By: House Committee:

Rep. Brian Strickland (111th) Ways & Means

Committee Action:

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02-26-2015 Do Pass

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Daily Report for February 26, 2015

Committee Actions

HB 312 Tobacco products; manufacturers and importers; remove certain bonding requirements
Bill Summary: HB 312 removes the bond requirement for tobacco manufacturers and importers, but retains the bond requirement for distributors.

Authored By: House Committee:

Rep. Jan Tankersley (160th) Ways & Means

Committee Action:

02-26-2015 Do Pass

HB 319 Taxes; provide for legislative findings concerning gasoline and aviation fuel; provisions
Bill Summary: HB 319 codifies the Governor's Executive Order 12.05.14.02, which suspends the collection of any motor fuel taxes that differed from that of the taxes levied as of June 1, 2014.

Authored By: House Committee:

Rep. Chad Nimmer (178th) Ways & Means

Committee Action:

02-26-2015 Do Pass

HB 339

Income tax credit; film, video or digital production; extend
Bill Summary: HB 339 is a three-year extension to the Qualified Interactive Gaming tax credit. The legislation also requires certain reporting requirements to be delivered to the Chairman Ways and Means Committee and the Senate Finance Committee.

Authored By: House Committee:

Rep. Jon Burns (159th) Ways & Means

Committee Action:

02-26-2015 Do Pass by Committee Substitute

HR 397

United States Congress; support equity and sales tax fairness; encourage
Bill Summary: HR 397 is an urging resolution to the United States Congress asking for action that would allow for fair and constitutional collections of state and local sales taxes from out of state merchants.

Authored By: House Committee:

Rep. Larry O`Neal (146th) Ways & Means

Committee Action:

02-26-2015 Do Pass

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Daily Report for February 26, 2015

Committee Actions

Committee Meeting Schedule
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.

Monday, March 02, 2015
10:00 AM FLOOR SESSION (LD 24) - 10:00am 9:00 AM RULES - 341 CAP 1:30 PM Fleming Subcommittee of Judiciary Civil - 606 CLOB 2:00 PM INTERSTATE COOPERATION - 403 CAP 2:00 PM AGRICULTURE & CONSUMER AFFAIRS - 415 CLOB 2:30 PM Academic Achievement & Curriculum Subcommittee of Education - 514 CLOB 3:00 PM EDUCATION - 506 CLOB 4:00 PM Jacobs Subcommittee of Judiciary Civil - 403 CAP

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