Daily report [Mar. 27, 2015]

Georgia House of Representatives

DAILY REPORT 38th Legislative Day

Friday, March 27, 2015

House Budget & Research Office (404) 656-5050

House Communications Office (404) 656-0305

The House will reconvene for its 39th Legislative Day on Tuesday, March 31 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 22 bills / resolutions are expected to be debated on the floor.

Today on the Floor

Motions to Agree
HB 320 Scholarships; provide public disclosure of certain records held by Georgia Student Finance Commission, Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority is not required; provisions
Bill Summary: House Bill 320 restricts the data the Georgia Study Finance Authority, Georgia Student Finance Commission, and Georgia Higher Education Assistance Corporation can release for public disclosure.

Authored By: Rep. Chuck Williams (119th)

Rule Applied: Modified-Structured

Motions to Agree (A motion to agree represents final passage of the bill.)

HB 397

State Soil and Water Conservation Commission; revise provisions; provisions
Bill Summary: This legislation establishes the State Soil and Water Conservation Commission as an attached agency to the Georgia Department of Agriculture. Commencing with the appointments for 2015, the governor shall appoint one at-large member from each of the five soil and water conservation district regions to serve on the commission. Such initial appointments shall be for terms of one, two, three, four and five years, respectively. Thereafter, successors shall be appointed for fiveyear terms of office.

The Commission may perform such acts, hold public hearings, and promulgate rules and regulations as may be necessary for the execution of its functions. The commission shall have duties and powers to: offer assistance to the supervisors of the soil and water conservation districts in carrying out their powers and programs; keep the district supervisors informed of the activities and experiences of all the other districts and to facilitate the interchange of advice, experience, and cooperation; coordinate the programs of the districts by advice and consultation; and secure cooperation and assistance of the United States and any of its agencies.

The commission may also receive grants from any agency of the United States government or any agency of this state as well as make grants to districts, municipalities, counties or state agencies in Georgia to fund up to 20 percent of the cost of obtaining permits for and constructing improvements to any dam originally constructed or financially assisted by the Natural Resources Conservation Service or to carry out other purposes of this article.

The "Manual for Erosion and Sediment Control in Georgia" is defined as the published guidance of the commission governing the design and practices to be utilized in the protection of the state's natural resources from erosion and sedimentation which shall be based foremost upon sound engineering principles and repeatable bench and field testing of structural and vegetative best management practices and which shall have the annual approval of the Erosion and Sediment Control Overview Council established pursuant to Code Section 12-7-7.1."

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Today on the Floor

Section Four of the bill creates the Erosion and Sediment Control Overview Council, which approves the Manual for Erosion and Sediment Control in Georgia prior to publication by the commission. The council also provides guidance on the best management practices for implementing any erosion and sediment control plan. The council shall be comprised of nine appointed members with one member being a member from the House of Representatives, one member of the State Senate who shall be appointed by the Lt. Governor and 7 members appointed by the Governor and serve at the pleasure thereof including one member from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources and the State Road and Tollway Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, one representative of the highway contracting industry certified by the Department of Transportation, one representative of the electric utility industry and a chairperson. The council shall meet prior to January 1, 2016 to approve the most current version of the manual and may also meet as necessary to approve changes or updates to the manual prior to its implementation.

The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute arises concerning the requirements of this Code section, the Erosion and Sediment control Overview Council shall mediate the dispute. These changes are effective on December 31, 2015.

Authored By: Rep. David Knight (130th)

Rule Applied: Modified-Structured

Motions to Agree (A motion to agree represents final passage of the bill.)

HB 477

Abandoned public road property; notice and right to acquire when located within a subdivision; provide
Bill Summary: House Bill 477 allows for notification about the sale of abandoned property that is a roadway to be given to the homeowner's association rather than each individual homeowner whose property borders the abandoned property which is a roadway. Additionally, the bill gives authority to new municipalities to maintain the county roads within the incorporated area unless another agreement exists between the city and the county.

Authored By: Rep. Jan Jones (47th)

Rule Applied: Modified-Open

Motions to Agree (A motion to agree represents final passage of the bill.)

Rules Calendar
HR 612 House Study Committee on Fibroids Education and Awareness; create
Bill Summary: HR 612 creates the House Study Committee on Fibroids Education and Awareness. The committee will be composed of seven members and the chairperson of the committee will have the ability to call as many meetings as he or she deems necessary; however, members will only be compensated for up to five meetings. If the committee adopts any specific findings or recommendations, the chairperson shall file a report with the Clerk of the House of Representatives. The committee shall be abolished on December 1, 2015.

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

Floor Vote:

Yeas: 145 Nays: 3

Rule Applied: Committee Action: Amendments:

Modified-Open 03-23-2015 Do Pass

HR 743 House Study Committee on Annexation, Deannexation, and Incorporation; create
Bill Summary: This resolution creates a study committee on deannexation, annexation, and incorporation of municipalities.

Authored By: Rep. Jan Tankersley (160th) House Committee: Intragovernmental Coordination

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action: Amendments:

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Modified-Open 03-25-2015 Do Pass

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Daily Report for March 27, 2015

Today on the Floor

HR 744 House Study Committee on the Use of Drones; create
Bill Summary: House Resolution 744 creates the House Study Committee on the Use of Drones. The committee will be composed of seven members of the House, is allotted five meetings, and stands abolished on December 1, 2015.

Authored By: Rep. Kevin Tanner (9th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 149 Nays: 1

Amendments:

Modified-Open 03-24-2015 Do Pass by Committee Substitute

SB 4

Urban Redevelopment; provide for use of surface transportation projects; definitions; public contracts with private enterprises for completion
Bill Summary: SB 4 clarifies existing urban redevelopment law to include a framework through which the City of Atlanta and its associated redevelopment partners can leverage limited public resources for transportation to deliver high-quality, cost-effective projects more quickly and at a lesser cost through outsourcing to the private sector. The bill adds a new definition of surface transportation project to urban redevelopment law and lays out the requirements of procurement and bond issuance. The bill does not obligate any state funds.

Authored By: Sen. Steve Gooch (51st) House Committee: Transportation

Floor Vote:

Yeas: 130 Nays: 29

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-19-2015 Do Pass by Committee Substitute AM 39 0121

SB 63

Alcoholic Beverages; provide for manufacturers of malt beverages to make limited retail sales of malt beverages under certain circumstances
Bill Summary: SB 63 allows for manufacturers or distillers who are issued a distiller's license and issued a permit by the commissioner to conduct distillery tours, for a fee or free of charge. If conducting these tours, the distiller may provide a free souvenir of a complimentary sealed container of distilled spirits, free food and free tastings. The free souvenir must be a single bottle of distilled spirits manufactured by the distiller of not more than 750 milliliters. The free souvenir must be provided after the tour, and the recipient must be 21 years of age or older. Moreover, brewers of malt beverages may also conduct brewery tours in the same manner as distillery tours. However, the free souvenir from a brewery tour is a sealed container or containers of malt beverages not to exceed 72 ounces. All fees for tours must be collected prior to conducting the tour.

Authored By: Sen. Hunter Hill (6th) House Committee: Regulated Industries

Floor Vote:

Yeas: 142 Nays: 9

Rule Applied: Committee Action: Amendments:

Structured 03-24-2015 Do Pass by Committee Substitute

SB 64

Juvenile Code, Domestic Relations, and Vital Records; repeal voluntary acknowledgments of legitimation _ RECOMMITTED
Bill Summary: SB 64 revises the definition of "legal father" and makes grammatical corrections to provide consistency within the Juvenile Code. The administrative legitimation as a means of defining legal father is removed. The bill also clarifies the language whereby only a biological father may legitimate his child and also what is required in that petition. The bill adds a provision allowing the court to insure that the petitioning alleged biological father is, in fact, the biological father and may order genetic testing. The Code is further refined so that the hospital in which a child is born must provide paternity acknowledgement forms prior to the birth of the child rather than after. The bill adds a requirement that the hospital provide the mother and the alleged father with the opportunity to execute a voluntary acknowledgement of paternity within 30 days of birth. Acknowledgement of paternity shall constitute a legal determination of paternity if sworn to and signed in the presence of a notary public or other witness.

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Today on the Floor

Authored By: Sen. Chuck Hufstetler (52nd) House Committee: Juvenile Justice

Floor Vote:

Yeas: Nays:

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-24-2015 Do Pass

SB 69

State Defense Force; remove restrictions; rights of public officers and employees to be absent for service; reemployment rights
Bill Summary: SB 69 extends the same employment protections for State Defense Force members that exist for active-duty National Guard members. The legislation prohibits a State Defense Force member from being terminated from a position of employment due to service-related duties.

Authored By: Sen. Judson Hill (32nd) House Committee: Defense & Veterans Affairs

Floor Vote:

Yeas: 154 Nays: 3

Rule Applied: Committee Action: Amendments:

Modified-Open 03-18-2015 Do Pass

SB 79

Victim Compensation; expand the Criminal Justice Coordinating Council's powers and duties relative to claims
Bill Summary: This legislation makes minor changes to rules for administering the Georgia Crime Victims Emergency Fund. The Act raises the maximum amount payable for funeral expenses from $3,000 to $6,000. The list of eligible family members is modified to include step-parents and stepchildren.

Authored By: Sen. Renee Unterman (45th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 133 Nays: 17

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-18-2015 Do Pass

SB 82

Motor Vehicles; distribution of alternative ad valorem tax proceeds; revise and change certain provisions
Bill Summary: SB 82 amends the distribution formula for the alternative apportioned ad valorem system. The current formula for distributing funds to counties is dependent on the digest of the county. This legislation would alter the calculation so that the funds would be distributed based on the number of registered apportioned vehicles in that jurisdiction. Additionally, a baseline year of 2013 is established so that counties would receive the same amount of funds. This baseline would be adjusted downward by 20% for the next five years until the new formula is fully implemented.

Authored By: Sen. John Wilkinson (50th) House Committee: Ways & Means

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 03-24-2015 Do Pass by Committee Substitute

SB 131

Department of Behavorial Health and Developmental Disabilities; provide for certification; policies and procedures
Bill Summary: SB 131 revises Code Section 37-1-29 relating to crisis stabilization units by revising the powers of the Department of Behavioral Health and Developmental Disabilities. The department originally had the authority to license such units. Under the provisions of this bill, the department will be authorized to certify, instead of license, such units. Additionally, if the department makes any changes to policies or procedures relating to crisis stabilization units, the changes must be posted on the department's website within 45 days.

Authored By: Sen. Mike Dugan (30th) House Committee: Health & Human Services

Floor Vote:

Yeas: 162 Nays: 1

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-23-2015 Do Pass by Committee Substitute

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Today on the Floor

SB 134

Speed Detection Devices; provide for a rebuttable presumption for law enforcement agencies' use of speed detection devices
Bill Summary: SB 134 expands the rebuttable presumption against law enforcement agencies that derive more than 40 percent of that agency's budget based on the use of speed detection devices to include fines from speeding violations that exceed 17 mph over the speed limit in the calculation for determining that agency's percentage of budget derived from speeding violations.

Authored By: Sen. Jesse Stone (23rd) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 104 Nays: 54

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-23-2015 Do Pass by Committee Substitute

SB 135

Clerks of Superior Courts; provide for protection and disclosure of records held; procedure for disclosure
Bill Summary: SB 135 amends Code Section 9-11-4.1 relating to certification of process servers. Currently, this section has a sunset provision taking effect on July 1, 2015. SB 135 repeals the sunset provision.

The remaining sections of the bill outline record-keeping requirements and procedures for Superior Courts. More specifically, the bill amends Article 2 of Chapter 6 of Title 15 relating to Superior Court clerks by adding Code Section 15-6-60.1, which makes the clerk the sole custodian of all original filed Superior Court records he or she is required to maintain and permits the clerk to maintain these records in any format. SB 135 also amends Code Section 15-6-62.1 relating to procedures for maintaining electronic records by requiring clerks to retain back-up records on a secure server and submit back-up records to the Georgia Superior Court Clerk's Cooperative Authority at least monthly but no later than the fifteenth day following the last day of each month. Furthermore, all public requests for official documents must be provided to the the clerk.

Authored By: Sen. Charlie Bethel (54th) House Committee: Judiciary

Floor Vote:

Yeas: 146 Nays: 18

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-24-2015 Do Pass by Committee Substitute

SB 139

Selling and Other Trade Practices; provide regulation; auxiliary containers shall be done by general law
Bill Summary: The legislation amends O.C.G.A. 10-1-940 and allows prudent regulation regarding the use and taxation of auxiliary containers used by retail and food establishments to be done by general law. Nothing in this Code section shall be construed to prohibit or limit any county or municipal curbside recycling program or other designated residential or commercial recycling program.

Authored By: Sen. Tyler Harper (7th) House Committee: Agriculture & Consumer Affairs

Floor Vote:

Yeas: 67 Nays: 85

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-02-2015 Do Pass as Amended

SB 148

Commerce and Trade; transfer powers and responsibilities of Governor's Office of Consumer Affairs to Attorney General's office
Bill Summary: SB 148 dissolves the Governor's Office of Consumer Affairs and transfers the responsibilities to the Georgia Attorney General's Office. The bill empowers the attorney general as the "administrator" with authority for administering the 'Fair Business Practices Act of 1975,' the 'Buying Services Act of 1975', the Georgia Lemon Law and violations of the 'Georgia Land Sales Act'. The 15-member Consumer Advisory Board will continue to advise and recommend reforms to the attorney general and make an annual report to the governor.

In conjunction with administering the 'Fair Business Practice' and 'Buying Services' acts, the bill provides that the rules, orders, and regulations in force at present remain in force and effect until
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Today on the Floor

repealed, amended, or superseded by rules or regulations adopted by the attorney general.

The legislation repeals provisions relating to the appointment of a referee to conduct hearings and appeal to the Fulton County Superior Court, but it provides for judicial review in situations where a person has exhausted all administrative remedies.

SB 148 gives the attorney general oversight and enforcement authority related to the regulation of: beauty pageants; unfair and deceptive practices toward the elderly; business administration; and the enforcement of the 'Fair Business Practices Act' on poultry contract growers and producers, respectively.

The bill removes references to the Governor's Office of Consumer Affairs in provisions relating to: regulation of unbundled natural gas services; provisions relating to rules governing natural gas marketers' terms of service; definitions regarding charitable solicitations; consumer information disclosure statements and bills for natural gas service; the Public Service Commission's authority over certificated marketers of natural gas; and energy and conservation assistance to residential customers.

Authored By: Sen. John Kennedy (18th) House Committee: Agriculture & Consumer Affairs

Floor Vote:

Yeas: 154 Nays: 10

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-25-2015 Do Pass

SB 175

Animal Protection; require inspection of certain animals entering into the state
Bill Summary: The legislation revises Code Section 4-11-11 of the O.C.G.A. to make it unlawful for any person to import any equines, poultry, livestock or birds into this state unless accompanied by an official interstate or international certificate of veterinary inspection. Additionally, it is unlawful to import any other animal which the commissioner of Agriculture has determined may pose a significant risk of disease to domestic animals or humans, unless such animal is accompanied by a certificate. The department will maintain a website listing of all animals determined to pose significant risk of disease. No certificate shall be required for poultry originating from flocks participating in the National Poultry Improvement Plan administered by the United States Department of Agriculture.

Authored By: Sen. Ellis Black (8th) House Committee: Agriculture & Consumer Affairs

Floor Vote:

Yeas: 147 Nays: 15

Rule Applied: Committee Action: Amendments:

Modified-Open 03-25-2015 Do Pass by Committee Substitute

SB 190

Bona Fide Coin Operated Machines; provide certain definitions; license fees and requirements for manufacturers and distributors
Bill Summary: SB 190 adds a new definition to the Code section regarding licensing of coinoperated amusement machine businesses. "Master licensee" means any person who has lawfully applied for and received a master license, which every owner of such machine must display in order to legally operate the business.

The bill provides for a distributor or manufacturer who offers the machines for sale to pay an annual license fee of $5,000. These licenses must be available for inspection at the manufacturer's and distributor's place of business.

The bill also allows for the transferability of the master license. Previously, such licenses were not transferable or assignable; however, SB 190 states that upon the sale of an entire business that contains such machines, the buyer must pay a transfer fee to the governing authority ("corporation") in charge of administering such licenses. The first sale of a master license holder's business will require a transfer fee of $10,000 with each consecutive sale increasing the amount of the fee.

The remainder of the bill largely inserts manufacturer and distributor licenses into the sections governing master licenses. Under current law, businesses cannot obtain or renew a license if their

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Today on the Floor

offices are not located in this state or if the applicant does not permit inspection of their place of business and records. This bill provides that this section does not apply to manufacturers.

The bill allows the corporation to issue up to 220 Class B licenses through the process of competitive auctions which shall occur at least once every three years. The corporation can renew Class B licenses at any time, and current holders of Class B licenses are not subject to the auctioning process. Current law provides that an owner or operator of a business where the machines are available for public use may not derive more than 50 percent of its "gross retail receipts" from Class B machines. The gross retail receipts do not include revenue derived from non-cash redemption of winnings from Class B machines or revenues that are due to a master licensee or the corporation. Thus, these revenues do not count towards the owner's 50 percent limitation.

SB 190 strikes language that allowed by local ordinance authorization the use of more than nine Class B machines; no owner can offer more than nine machines, even with a local ordinance.

A person is not eligible for a distributor license if that person has had a gambling license in the last five years in any state.

A person applying for a manufacturer license or distributor license cannot have an interest in an owner, location owner, or location operator in Georgia. A manufacturing license applicant cannot have an interest in any distributor, and a distributor license applicant may not have an interest in any manufacturer.

As a condition to the issuance of a license, location owners or operators and master license holders may not remove or replace a machine until they certify that there are no disputes or other claims between the master licensee and the location owner or operator. If they cannot make this certification, the dispute will be referred to a hearing officer, who must be approved by the corporation. The corporation must adopt rules and regulations to govern the resolution of disputes by hearing officers. One of the parties may request a hearing to resolve the dispute, but the hearing officer may not conduct a hearing more than 90 days after he or she has been appointed to decide the dispute.

A decision may be appealed to the chief executive officer of the corporation who will not reverse a finding of fact if any evidence supports the hearing officer's conclusion. The CEO may only reverse a finding of law if it is clearly erroneous.

Authored By: Sen. Butch Miller (49th) House Committee: Regulated Industries

Floor Vote:

Yeas: 138 Nays: 27

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-24-2015 Do Pass by Committee Substitute

Postponed Until Next Legislative Day
HB 633 Atlanta, City of; independent school district ad valorem tax for education; residents 70 years of age or older; provide homestead exemption
Bill Summary: A Bill to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of the assessed value of the homestead for residents of that school district who are 70 years of age or older.

Authored By: Rep. Beth Beskin (54th)

Rule Applied:

HB 670

Decatur, City of; ad valorem tax; residents 62 years of age or older; provide homestead exemption
Bill Summary: A Bill to provide for a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $15,000 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose income does not exceed $50,000.

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Today on the Floor

Authored By: Rep. Rahn Mayo (84th)

Rule Applied:

HB 671

Decatur, City of; ad valorem tax; local constitutional amendment; repeal
Bill Summary: A BILL to be entitled an Act to repeal a former local constitutional amendment, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provides for a homestead exemption from certain city ad valorem taxes for residents of the City of Decatur in an amount to be fixed by the governing authority of the city at not more than $2,000 for the first year, and which may be increased periodically, but which exemption shall not exceed $10,000.

Authored By: Rep. Rahn Mayo (84th)

Rule Applied:

HB 672 Decatur, City of; ad valorem tax; provide homestead exemption Bill Summary: A Bill to provide for a homestead exemption from City of Decatur ad valorem taxes.

Authored By: Rep. Rahn Mayo (84th)

Rule Applied:

HB 673

Decatur, City of; ad valorem tax; modify amount of homestead exemption
Bill Summary: A Bill to modify the amount of a homestead exemption from City of Decatur ad valorem taxes for municipal purposes except for ad valorem taxes levied to pay interest on and to retire municipal bonded indebtedness in the amount of $25,000 of the assessed value of the homestead for residents.

Authored By: Rep. Rahn Mayo (84th)

Rule Applied:

Local Calendar
HB 632 South Cobb Development Authority Act; change definition of certain terms
Bill Summary: A Bill to amend the `South Cobb Development Authority Act,' so as to change the definition of certain terms.

Authored By: Rep. David Wilkerson (38th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 640 Gwinnett Judicial Circuit; salary supplements for judges; change provisions
Bill Summary: A Bill to amend an Act creating the Gwinnett Judicial Circuit, so as to change provisions relating to the salary supplements for judges of the Gwinnett Judicial Circuit.

Authored By: Rep. Joyce Chandler (105th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 646 Clayton Judicial Circuit; judges of superior court; increase county supplement to state salary
Bill Summary: A Bill to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit.

Authored By: Rep. Sandra Scott (76th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

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Today on the Floor

HB 647 Clayton County; chief magistrate; change salary Bill Summary: A Bill to providing for the appointment of the chief magistrate of Clayton County.

Authored By: Rep. Sandra Scott (76th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 648 Clayton County; sheriff; change provisions relating to compensation
Bill Summary: A Bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary.

Authored By: Rep. Sandra Scott (76th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 650 Atlanta, City of; public safety access assessments; provide Bill Summary: A Bill to amend an Act to provide a new charter for the City of Atlanta.

Authored By: Rep. Keisha Waites (60th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 658

DeKalb County; community improvement districts may be created within municipalities; change certain provisions
Bill Summary: A Bill to provide for the creation of one or more community improvement districts in DeKalb County.

Authored By: Rep. Billy Mitchell (88th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 661 Clarkston, City of; change corporate limits
Bill Summary: A Bill to reincorporate the City of Clarkston, so as to change the corporate limits of the city by annexing certain territory.

Authored By: Rep. Karla Drenner (85th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 662 Avondale Estates, City of; change corporate limits
Bill Summary: A Bill to provide a new charter for the City of Avondale Estates, so as to change the corporate limits of the city.

Authored By: Rep. Karla Drenner (85th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 663 Decatur, City of; change corporate limits Bill Summary: A Bill to provide a new charter for the City of Decatur, so as to change the corporate
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limits of the city.

Authored By: Rep. Karla Drenner (85th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 664 Griffin, City of; levy an excise tax
Bill Summary: A Bill to authorize the governing authority of the City of Griffin to levy a hotel/motel tax.

Authored By: Rep. David Knight (130th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 668 Peachtree City Public Facilities Authority; add an additional power
Bill Summary: A Bill to create the Peachtree City Public Facilities Authority, so as to add an additional power.

Authored By: Rep. Matt Ramsey (72nd)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass by Committee Substitute

HB 669 Chatham County; provide for compensation of certain officials
Bill Summary: A Bill to amend an Act providing for the compensation of certain officials in Chatham County.

Authored By: Rep. Ron Stephens (164th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 149 Nays: 0

Rule Applied: Committee Action: Amendments:

03-27-2015 Do Pass by Committee Substitute

HB 674 Catoosa County; State Court; create Bill Summary: A Bill to create the State Court of Catoosa County.

Authored By: Rep. Tom Weldon (3rd)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

HB 675 Gilmer County; coroner and deputy coroner; provide compensation
Bill Summary: A Bill to provide for compensation of the coroner and deputy coroner of Gilmer County.

Authored By: Rep. David Ralston (7th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 158 Nays: 0

Rule Applied: Committee Action: Amendments:

03-26-2015 Do Pass

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Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 39th Legislative Day, Tuesday, March 31, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Tuesday, March 31,
at 9:00 a.m., to set the Rules Calendar for the 40th Legislative Day.

HR 71

House Study Committee on the HOPE Scholarship Program Award Amount for Critical Fields of Study; create
Bill Summary: House Resolution 71 creates the House Study Committee on the HOPE Scholarship Program Award Amount for Critical Fields of Study. The study committee members will study the conditions, needs, issues, and problems where workforce shortfalls occur in critical career fields.

Authored By:

Rep. J. Craig Gordon (163rd)

House Committee: Higher Education

Rule Applied: Committee Action:

Modified-Open 03-26-2015 Do Pass by Committee Substitute

HR 618 House Study Committee on Adult Day Services; create
Bill Summary: HR 618 creates the House Study Committee on Adult Day Services, provides for membership, composition, duties, and reporting requirements. The committee is charged with investigating access to adult day health centers for elderly or fragile citizens, primarily for those on Medicaid.

Authored By:

Rep. Valerie Clark (101st)

House Committee: Human Relations & Aging

Rule Applied: Committee Action:

Modified-Open 03-23-2015 Do Pass by Committee Substitute

HR 767 House Study Committee on Provision of Community Based Intellectual and Developmental Disability (IDD) services, including the NOW/COMP Medicaid Waiver Services; create
Bill Summary: HR 767 creates the House Study Committee on Provision of Community Based Intellectual and Developmental Disability (IDD) services, including the NOW/COMP Medicaid Waiver Services. The committee will be composed of three members of the House of Representatives and two additional non-legislative members. If the committee adopts any specific findings or recommendations, the chairperson shall file a report with the Clerk of the House of Representatives. The committee shall be abolished on December 1, 2015.

Authored By:

Rep. Dustin Hightower (68th)

House Committee: Health & Human Services

Rule Applied: Committee Action:

Modified-Open 03-26-2015 Do Pass by Committee Substitute

SB 8

Crimes and Offenses: children who have been sexually exploited; make provisions; create Safe Harbor for Sexually Exploited Children Fund Commission
Bill Summary: SB 8 restructures and revises the statute of limitations period for bringing a civil action for recovery of damages suffered as a result of childhood sexual abuse for clarity. In addition, the definition of "childhood sexual abuse" is expanded to include trafficking a person for sexual servitude, sexual exploitation of children, furnishing obscene materials to minors, child pornography, and obscene telephone contact. If the abuse was committed before July 1, 2015, this bill requires the action to be brought on or before the date which the plaintiff reaches the age 23. If the abuse was committed on or after July 1, 2015, this bill requires the action to be brought on or before the date that the plaintiff turns 25.

The bill provides for tolling of a cause of action for individuals who are below the age of 18, and are legally incompetent, that the cause of action for the same time after they reach the age of 18. The bill first establishes the Safe Harbor for Sexually Exploited Children Fund Commission which, for administrative purposes only, is assigned to the Division of Family and Children Services of the Department of Human Resources. The bill also creates a separate fund in the state treasury, the Safe Harbor for Sexually Exploited Children Fund.

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Next on the Floor

SB 65

The commission may allow money from the fund to be disbursed for the purposes of providing rehabilitative and social services to sexually exploited children"defined by the act as any child under the age of 18 who has been the victim of trafficking, engaged in certain acts related to prostitution, or has been the victim of child pornography. The commission may also authorize disbursement of money to eligible persons, entities, or programs. Eligibility is determined by criteria set by the commission. The act requires the commission to consider giving money from the fund to programs or entities devoted to the promotion of awareness and prevention of becoming a sexually exploited child. Finally, the commission may use the fund money for its own operating expenses provided that such use is minimal and in furtherance of the commission's primary purpose.

Other than as noted above, money may not be disbursed from the fund unless approved by the Governor. The Governor is not authorized, however, to disburse money from the fund to entities or programs that the commission has not recommended for a grant.

The commission is to have 8 members 7 of whom will serve two year terms and one of whom, the director of the Division of Family and Children Services of the Department of Human Services, will be a permanent member. The terms are different for the first commission appointed. The Governor appoints four of the members, and the rest are appointed by various agencies. Membership is not considered a public office and no member is precluded from holding public office.

The Governor designates a chairperson of the commission from among members and other officers may be elected by the commission. Members of the commission are not salaried but will receive expense allowances commensurate with those received by the General Assembly for their attendance at meetings.

The commission may recommend to the Governor and General Assembly changes in programs, laws, budgets, etc. relating to the care and rehabilitation of sexually exploited children, changes to improve conditions among agencies that provide care to such children, and changes to improve the condition of such children who are in need of rehabilitative and social services. The commission may also accept federal funds as well as gifts or donations by private citizens.

SB 8 requires the imposition of an additional penalty of $2,500 in any case where a fine has been imposed on a defendant who is over the age of 18 for trafficking a person for sexual servitude. The additional fines are allocated to the Safe Harbor for Sexually Exploited Children Fund. The bill also criminalizes any refusal to collect and remit the funds in this manner.

The bill next provides that vehicles used in furtherance of certain sexual offenses, and proceeds derived from certain crimes, will be subject to forfeiture. The bill adds the crimes of keeping a place of prostitution, pandering, and pandering by compulsion to be subject to forfeiture.

SB 8 requires that those convicted of trafficking to register on the State Sexual Offender Registry.

The Department of Human Services is required under the bill to develop a plan for delivering services to sexually exploited children, trafficking victims, and children or persons at risk for becoming victims.

The plan must identify children who need services, provide assistance with applying for government benefits and services, coordinate the delivery of services, prepare materials to increase awareness of such services, develop and maintain community based services, provide assistance with family reunification or repatriation to a country of origin, and assist law enforcement officers with identifying children in need of such services.

Authored By:

Sen. Renee Unterman (45th)

House Committee: Juvenile Justice

Rule Applied: Committee Action:

Modified-Structured 03-24-2015 Do Pass by Committee Substitute

Property; change provisions relating to an exemption
Bill Summary: SB 65 amends Code Section 44-13-100, which permits debtors to exempt certain property from bankruptcy proceedings, by doubling the catch-all property exemption. Current law

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allows debtors to exempt the value of any piece of property, not in excess of $600, plus up to $5,000 of any unused amount of the homestead property exemption. SB 65 permits debtors to exempt the value of any piece of property, not in excess of $1,200, plus up to $10,000 of any unused amount of the homestead exemption. In summary, Senate Bill 65 increases the maximum exemption under the catchall property exemption to $11,200 from $5,600.

The bill also includes language (passed by the House in HB 197) which updates and modernizes the following three uniform acts in the debtor-creditor area to reflect recent changes to these acts by the Uniform Law Commission: the '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, the 'Uniform Voidable Transactions Act,' formerly named the 'Uniform Fraudulent Transfer Act,' which strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor's creditors.

Authored By: Sen. Jesse Stone (23rd) House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Structured 03-24-2015 Do Pass by Committee Substitute

SB 89

"Digital Classroom Act"; require instructional materials and content to be in digital or electronic format after a certain date
Bill Summary: Senate Bill 89, the 'Digital Classroom Act', allows local boards to use digital and electronic software instead of physical textbooks. The bill also encourages local boards, by July 1, 2020, to purchase all instructional materials in digital or electronic format and to provide an electronic device for students starting in 3rd grade.

The bill also creates the 'Student Data Privacy, Accessibility, and Transparency Act'. This bill requires the Department of Education to create a centralized data system that would be available to students and their parents, authorized staff, and authorized teachers and administrators. The bill allows parents the right to review their child's education record including the student data recorded.

Authored By: Sen. John Albers (56th) House Committee: Education

Rule Applied: Committee Action:

Modified-Structured 03-26-2015 Do Pass by Committee Substitute

SB 95

Real Estate Brokers and Salespersons; provide for acceptance of funds in a separate, federally insured account at financial institution by such persons
Bill Summary: Senate Bill 96 amends Code Section 43-40-20, relating to trust or escrow accounts for real estate businesses, and Code Section 43-40-25, relating to unfair trade practices, by broadening the types of accounts and institutions in which brokers can deposit client trust funds. The law currently requires brokers to deposit down payments, earnest money, security deposits, and other client trust funds in a federally-insured bank checking account in Georgia. SB 96 provides brokers with the flexibility to deposit customer funds into any type of account in any financial institution in Georgia.

Authored By:

Sen. Michael Williams (27th)

House Committee: Banks & Banking

Rule Applied: Committee Action:

Modified-Open 03-23-2015 Do Pass

SB 104 State Depository Board; delete references to building and loan associations
Bill Summary: Senate Bill 104 removes the Commissioner of Insurance from the State Depository Board.

Authored By:

Sen. Mike Dugan (30th)

House Committee: Governmental Affairs

Rule Applied: Committee Action:

Modified-Structured 03-25-2015 Do Pass

SB 108 Insurance; provide the requirements for maintaining a risk management framework Bill Summary: Senate Bill 108 is a Department of Insurance bill based on model legislation from the
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Next on the Floor

National Association of Insurance Commissioners. It provides requirements for maintaining a risk management framework for large insurance carriers, as well as guidance and instruction for filing and reporting an Own Risk and Solvency Assessment with the commissioner of the Department of Insurance.

Authored By: Sen. P. K. Martin (9th) House Committee: Insurance

Rule Applied: Committee Action:

Modified-Structured 03-25-2015 Do Pass

SB 109

Health; clarify the use and effectiveness of Physician Orders for Life-Sustaining Treatment forms
Bill Summary: SB 109 requires the Department of Public Health to develop and make available a Physician Orders for Life-Sustaining Treatment (POLST) form. A POLST form provides directions regarding a patient's end of life care. This form may be voluntarily executed by a physician, a patient or a patient's authorized person in the event that the patient does not have decision-making capacity.

Additionally, SB 109 provides immunity to health care providers, health care facilities, and any other person who treats a patient using the directions provided in the POLST form, even if death or injury to the patient ensues. In the event that the POLST form conflicts with the end of life care directions provided in some other legally authorized instrument, such as an advanced directive, the most recent instrument will take precedence.

Authored By: Sen. Nan Orrock (36th) House Committee: Health & Human Services

Rule Applied: Committee Action:

Modified-Structured 03-23-2015 Do Pass by Committee Substitute

SB 111

Continuing Care Providers and Facilities; define certain terms; provide for a provider to offer continuing care at home
Bill Summary: Senate Bill 111 provides for a continuing care provider to offer continuing care in the home.

Authored By: Sen. Jesse Stone (23rd) House Committee: Insurance

Rule Applied: Committee Action:

Structured 03-25-2015 Do Pass by Committee Substitute

SB 122

Revenue and Taxation; special purpose local option sales tax; provide for additional purpose for the use of the proceeds of tax
Bill Summary: SB 122 amends the purpose for which SPLOST funds may be allocated. This legislation would allow SPLOST funds to be used for the repair of capital projects damaged by a natural disaster. Additionally, the legislation would allow a county to provide monetary support for a capital project which would eventually be turned over to the state for operations or ownership.

Authored By:

Sen. Jeff Mullis (53rd)

House Committee: Ways & Means

Rule Applied: Committee Action:

Structured 03-24-2015 Do Pass by Committee Substitute

SB 125

State Road and Tollway Authority; authorize the collection of tolls for the management of traffic flow
Bill Summary: SB 125 allows the State Road and Tollway Authority (SRTA) to collect tolls on projects for which the primary purpose is managing the flow of traffic. The legislation provides authority to SRTA to send subsequent notices to violators with increased administrative fees with each notice provided that the cumulative total does not exceed $25. If repayment of financing is not the primary or exclusive purpose for the exercise of the authority's toll power, the authority is not required to issue or have outstanding bonds or other indebtedness in respect to a project in order to fix, revise, charge, enforce, or collect tolls for such project. The legislation states that the department may install gates, signs, barriers, or any combination thereof, to restrict access to managed lanes and prohibits drivers from driving around, through or under any barrier or closed moving gate of a managed lane.

Authored By:

Sen. Brandon Beach (21st)

House Committee: Transportation

Rule Applied: Committee

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Modified-Structured 03-19-2015 Do Pass by Committee

House of Representatives

Daily Report for March 27, 2015

Next on the Floor

Action:

Substitute

SB 132

"Quality Basic Education Act"; program for high school students to attend postsecondary institutions; provisions; 'Move on When Ready Act'
Bill Summary: Senate Bill 132 amends 20-2-161.3 to be referred to as the 'Move on When Ready Act'. The bill allows all high school students, whether in public or private school, to apply to a postsecondary school in order to take one or more classes; if accepted, the student can get credit for the class at both the student's high school and the postsecondary institution.

Authored By: Sen. Mike Dugan (30th) House Committee: Education

Rule Applied: Committee Action:

Modified-Structured 03-25-2015 Do Pass by Committee Substitute

SB 154

Public Order and Safety, Offenses Against; provide for law enforcement officials to record in private places/during execution of a search warrant
Bill Summary: SB 154 adds language to the eavesdropping and surveillance statutes to ensure that the use of body cameras by police officers will not be unlawful. The bill states that it shall not be unlawful for a law enforcement officer to use a device in the lawful performance of his or her official duties to photograph, videotape or record activities that occur in the presence of such officer or his/her agents. The bill also revises provisions related to the scope of a search pursuant to a search warrant. The bill states that an officer effecting a lawful search may discover or seize items that are tangible evidence of a crime against the laws of Georgia, the United States, or another state. Current Code only refers to evidence of a crime against the laws of Georgia. Additionally, an officer may use a recording device during the execution of a search warrant.

The bill also adds language that excepts from public disclosure certain audio and video recordings made by law enforcement officers; however, the following persons may seek disclosure of such recordings: a representative of a decedent's estate when the decedent was depicted or heard; a parent of a minor depicted or heard on the recording; an accused in a criminal case when the person, in good faith, believes such recording is relevant to his/her case; a party to a civil action when that party, in good faith, believes such recording is relevant to his/her case; an attorney for any of the preceding persons; and an attorney for a person who may pursue a civil action when that attorney, in good faith, believes such recording is relevant to the potential action.

Authored By: Sen. Jesse Stone (23rd) House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 03-23-2015 Do Pass by Committee Substitute

SB 160

Alcoholic Beverages; revise penalties for a violation of Code Section 3-3-23
Bill Summary: SB 160 changes provisions regarding the punishment for unlawfully selling or furnishing alcohol to people under 21-years old and for underage people possessing alcohol. This bill requires an officer to arrest by issuance of a citation to a person violating the provisions of O.C.G.A. 3-3-23 (a minor in possession of alcohol and furnishing alcohol to a minor). In addition to a citation, the officer may effect a custodial arrest of a person violating the provisions of this bill if the officer has probable cause to believe that the person is intoxicated to the extent that he/she poses a danger to himself or the person/property of another. The citation must enumerate the specific charges against the person and the date which they are required to appear and answer the charges. In lieu of the appearance date, the citation may provide that the person will be notified later about the date they are required to appear and answer the charges.

Authored By:

Sen. Michael Williams (27th)

House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 03-25-2015 Do Pass by Committee Substitute

SR 7

Safe Harbor for Sexually Exploited Children Fund; provide that General Assembly by law may impose additional penalties or fees for the offenses- CA Bill Summary: SR 7 is the companion constitutional amendment for SB 8 which dedicates the funding derived from the imposition of assessments against the adult entertainment industry to provide for rehabilitative services for minors who have been trafficked for sexual servitude.
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Authored By:

Sen. Renee Unterman (45th)

House Committee: Juvenile Justice

Rule Applied: Committee Action:

Modified-Structured 03-24-2015 Do Pass by Committee Substitute

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Committee Actions

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

Health & Human Services Committee
HR 826 Congress of the United States, National Institutes of Health and its National Cancer Institute; increase funding for childhood cancer research and to continue their support for pediatric clinical trials in Georgia; urge
Bill Summary: HR 826 urges the United States Congress, the National Institutes of Health, and its National Cancer Institute to increase funding for childhood cancer research and to continue their support for pediatric clinical trials in Georgia.

Authored By: House Committee:

Rep. Jan Tankersley (160th) Health & Human Services

Committee Action:

03-27-2015 Do Pass

HR 829 House Welfare Fraud Study Committee; create
Bill Summary: HR 829 creates the House Welfare Fraud Study Committee. This committee will be composed of five members of the House of Representatives. If the committee adopts any specific findings or recommendations, the chairperson must file a report with the Clerk of the House of Representatives. The committee will be abolished on December 1, 2015.

Authored By: House Committee:

Rep. David Clark (98th) Health & Human Services

Committee Action:

03-27-2015 Do Pass

SB 126

Pharmacists and Pharmacies; expansion of certain medical professionals to prescribe autoinjectable epinephrine to authorized entity; emergency purposes
Bill Summary: SB 126 allows a physician, an advanced practice registered nurse, and a physician assistant to prescribe auto-injectable epinephrine, and for a pharmacist to dispense the autoinjectable epinephrine. Additionally, under the provisions in this bill, an authorized entity, defined as any organization at which anaphylaxis may be present, is authorized to acquire and stock autoinjectable epinephrine. Further, any employee of such an organization is authorized to administer such medication.

Authored By: House Committee:

Sen. Chuck Hufstetler (52nd) Health & Human Services

Committee Action:

03-27-2015 Do Pass by Committee Substitute

Intragovernmental Coordination - Local Committee
HB 669 Chatham County; provide for compensation of certain officials
Bill Summary: A Bill to amend an Act providing for the compensation of certain officials in Chatham County.

Authored By: House Committee:

Rep. Ron Stephens (164th) Intragovernmental Coordination Local

Committee Action:

03-27-2015 Do Pass by Committee Substitute

Rules Committee
HR 827 House Study Committee on the Preservation of the HOPE Scholarship Program; create Bill Summary: HR 827 creates the House Study Committee on the Preservation of the HOPE
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Committee Actions

Scholarship Program.

Authored By: House Committee:

Rep. Matt Ramsey (72nd) Rules

Committee Action:

03-27-2015 Do Pass

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Daily Report for March 27, 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 30, 2015 2:00 PM Joint Industry and Labor/Senate Insurance and Labor 406 CLOB 4:00 PM GOVERNMENTAL AFFAIRS 406 CLOB

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