Daily report [Feb. 17, 2016]

Georgia House of Representatives

DAILY REPORT 22nd Legislative Day

Wednesday, February 17, 2016

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 23rd Legislative Day on Thursday, February 18th at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 10 bills / resolutions are expected to be debated on the floor.

Today on the Floor

Rules Calendar
HB 486 Professional forestry; disclosure of AIDS confidential information; conform provisions
Bill Summary: HB 486 amends Title 12, relating to the practice of professional forestry and disclosure of Acquired Immune Deficiency Syndrome (AIDS) confidential information, to bring the section into compliance for provisions provided for in the Georgia Evidence Code under Title 24. Additionally, 24-12-21 is made clearer by stating that AIDS confidential information may be shared with a minor's parent or legal guardian.

Authored By: Rep. Albert Reeves (34th) House Committee: Code Revision

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 02-10-2016 Do Pass

HB 555

Courts; provide reporting of certain statistics regarding juveniles seeking abortions without parental notice; provisions
Bill Summary: House Bill 555 requires the clerk of a juvenile court to report the number of petitions granted or denied for an abortion without parental consent to the Administrative Office of the Courts on an annual basis.

Authored By: Rep. Joyce Chandler (105th) House Committee: Insurance

Floor Vote:

Yeas: 119 Nays: 51

Rule Applied: Committee Action:

Structured 02-10-2016 Do Pass by Committee Substitute

HB 762

Crimes and offenses; disposal of aborted human fetuses; change certain provisions
Bill Summary: House Bill 762 amends Code sections related to the unlawful buying, selling, or offering to buy or sell a human body or parts to include human fetuses, and it makes such acts punishable by a fine not exceeding $25,000 and/or by imprisonment for one to five years.

Authored By: Rep. Wendell Willard (51st) House Committee: Judiciary

Floor Vote:

Yeas: 166 Nays: 2

Rule Applied: Committee Action:

Structured 02-09-2016 Do Pass by Committee Substitute

HB 813

Pharmacists and pharmacies; expedited partner therapy; provisions
Bill Summary: House Bill 813 allows a licensed practitioner who has diagnosed a patient with chlamydia or gonorrhea to prescribe antibiotic drugs to the sexual partner of the patient without physically examining such partner. Additionally, under the provisions of this bill, prescription drug orders transmitted by facsimile or computer do not have to include the name and address of the sexual partner of the patient described above, nor is patient counseling required for the sexual partners of

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Daily Report for February 17, 2016

Today on the Floor

patients clinically diagnosed with chlamydia or gonorrhea.

Authored By: Rep. Rick Jasperse (11th) House Committee: Health & Human Services

Floor Vote:

Yeas: 152 Nays: 17

Rule Applied: Committee Action:

Modified-Open 02-02-2016 Do Pass by Committee Substitute

HB 818

Workers' compensation; insurance, awards, benefits and administration; change certain provisions
Bill Summary: House Bill 818 is the annual omnibus "housekeeping" bill for the Board of Worker's Compensation. It provides that administrative law judges are subject to the Georgia Code of Judicial Conduct. In addition, the legislation increases the weekly compensation benefits cap for total disability by $25 to $575 and temporary partial disability by $16 to $383. The total compensation payable to a surviving spouse as a sole dependent at the time of death, when there are no other dependents, is increased by $10,000 to $230,000.

Authored By: Rep. Jason Shaw (176th) House Committee: Industry and Labor

Floor Vote:

Yeas: 160 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 02-10-2016 Do Pass

HB 869

Professions and businesses; responsibilities of brokers and qualifying brokers to review certain documents; change certain provisions
Bill Summary: HB 869 removes a provision that requires real estate brokers to review all offers, including offers immediately rejected, to require real estate brokers to review only accepted offers. The bill brings state law in compliance with federal regulations. HB 869 eliminates the duty of a real estate broker to deliver a copy of the closing statement and requires licensees to ensure their clients receive a copy of the closing statement and to retain a copy for three years if it was provided at closing.

Authored By: Rep. Alan Powell (32nd) House Committee: Regulated Industries

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 02-09-2016 Do Pass by Committee Substitute

Local Calendar
HB 945 Schley County Utilities Authority; appointment of members; modify provisions
Bill Summary: A Bill to amend the Schley County Utilities Authority, so as to modify provisions related to appointment of authority members.

Authored By: Rep. Mike Cheokas (138th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 1

Rule Applied: Committee Action:

02-16-2016 Do Pass

HB 947 Echols County; assessment and collection of a technology fee by the Probate Court; authorize
Bill Summary: A Bill to authorize the assessment and collection of a technology fee by the Probate Court of Echols County.

Authored By: Rep. John Corbett (174th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 1

Rule Applied: Committee Action:

02-16-2016 Do Pass

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Daily Report for February 17, 2016

Today on the Floor

HB 955 Fayette County; election of members of the board of commissioners; revise districts Bill Summary: A Bill to reapportion the Fayette County Board of Commissioners.

Authored By: Rep. John Yates (73rd)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 1

Rule Applied: Committee Action:

02-16-2016 Do Pass

HB 958 Fulton County; term of the member appointed by the mayor; provide
Bill Summary: A Bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to provide for the term of the member appointed.

Authored By: Rep. Jan Jones (47th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 1

Rule Applied: Committee Action:

02-16-2016 Do Pass

HB 967

"Macon Water Commissioners - Pension Plan"; termination of employment before retirement; modify provisions
Bill Summary: A Bill to amend the "Macon Water Commissioners Pension Plan," so as to modify provisions related to termination of employment before retirement.

Authored By: Rep. James Epps (144th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 1

Rule Applied: Committee Action:

02-16-2016 Do Pass

HB 968 Pike County Magistrate Court; impose and collect county law library fees as part of court cost
Bill Summary: A Bill to authorize the Magistrate Court of Pike County to impose and collect county law library fees as part of the court costs in the magistrate court.

Authored By: Rep. Johnnie Caldwell (131st)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 1

Rule Applied: Committee Action:

02-16-2016 Do Pass

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Daily Report for February 17, 2016

Next on the Floor

Next on the Floor from the Committee on Rules

HB 676 Accountability, Change Management, and Process Improvement Act of 2015; enact
Bill Summary: House Bill 676 shall be known and may be cited as the 'Accountability, Change Management, and Process Improvement Act of 2015.' It provides that all state agencies, boards, authorities, and commissions shall provide a written business case for every information technology project that exceeds $1 million in value. It provides what information shall be included in the business case.

Further, it provides that all state agencies, boards, authorities, and commissions shall provide for a change management plan and resources necessary for plan execution for projects that exceed $1 million in value, projects that directly involve two or more state agencies, or service delivery changes in existing programs that significantly impact more than 10,000 citizens in Georgia.

Authored By:

Rep. Buzz Brockway (102nd)

House Committee: Governmental Affairs

Rule Applied: Committee Action:

Open 02-10-2016 Do Pass by Committee Substitute

HB 745 Public property; extend automatic repeals of certain provisions relating to writing off small amounts due to the state; provisions
Bill Summary: This bill extends the sunset from July 1, 2016 to July 1, 2021 for provisions relating to state agencies and departments writing off small amounts due to the state, as well as for provisions relating to non-lapsing revenue collected by the University System of Georgia and the Technical College System of Georgia. The current sunset was set in 2013.

Authored By: Rep. Earl Ehrhart (36th)

Rule Applied:

House Committee: Budget and Fiscal Affairs Oversight Committee

Action:

Modified-Structured 02-10-2016 Do Pass

HB 772 Elections; advanced voting with regard to Saturday voting; revise period of time
Bill Summary: House Bill 772 provides that if the required second Saturday early voting date falls on a holiday, the voting will occur on the following Saturday.

Authored By: Rep. Heath Clark (147th) House Committee: Governmental Affairs

Rule Applied: Committee Action:

Modified-Structured 02-10-2016 Do Pass

HB 777 School buses; drivers use cellular telephones in similar manner as a two-way radio; allow
Bill Summary: House bill 777 amends a prohibition on school bus drivers using a cell phone while a bus is in motion. The legislation allows an exception for those using the phone in a similar manner as a two-way radio to allow live communication between the driver and school/public safety officials.

Authored By:

Rep. Mike Dudgeon (25th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Modified-Open 02-09-2016 Do Pass by Committee Substitute

HB 783 Controlled substances; Schedules I and IV; change certain provisions
Bill Summary: HB 783 revises O.C.G.A 16-13-25, relating to Schedule I controlled substances, by adding and removing certain substances from the Code section. Additionally, this bill revises O.C.G.A 16-13-28, relating to Schedule IV substances by adding and removing certain substances from the Code section. Further, multiple new substances are added to O.C.G.A 16-13-71 relating to the definition of a dangerous drug, and a list of restricted dangerous drugs which are deemed by the General Assembly to have no medical use is created.

Authored By:

Rep. Bruce Broadrick (4th)

House Committee: Health & Human Services

Rule Applied: Committee Action:

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Modified-Structured 02-09-2016 Do Pass by Committee Substitute

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Daily Report for February 17, 2016

Next on the Floor

HB 826 Medical practice; physicians; provide for certain requirements for advertisement or publication of representations of board certification
Bill Summary: HB 826 allows the Georgia Composite Medical Board to take disciplinary action against a physician who falsely advertises himself or herself as a board certified physician.

Authored By: Rep. Betty Price (48th) House Committee: Health & Human Services

Rule Applied: Committee Action:

Modified-Open 02-09-2016 Do Pass by Committee Substitute

HB 847 Crimes and offenses; fraud in obtaining public assistance; redesignate and revise Code Sections
Bill Summary: HB 847 updates the language in the Code regarding fraud in obtaining public assistance. Moreover, the bill moves the sections criminalizing fraud in obtaining public assistance to Title 16.

Authored By: Rep. David Clark (98th) House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-10-2016 Do Pass

HB 876 Animals; license and surety requirements of livestock dealers and market operators; update
Bill Summary: HB 876 revises Code sections regarding livestock dealers and auctions with updated language. The legislation also provides for the update of license and surety requirements of livestock dealers and livestock market operators to allow the Georgia Department of Agriculture to charge an annual fee of $25 for livestock dealers and livestock order buyers, as well as a fee for livestock markets based on the surety required. The bill maintains current penalties and exemptions for who must register as a dealer.

Authored By: Rep. Clay Pirkle (155th) House Committee: Agriculture & Consumer Affairs

Rule Applied: Committee Action:

Open 02-02-2016 Do Pass

HB 879 Elementary and secondary education; seal of biliteracy for high school graduates with a high level of proficiency in one or more foreign languages in addition to English; provide
Bill Summary: HB 879 establishes the "Georgia Seal of Biliteracy" to recognize high school graduates who attain a high level of proficiency in speaking, reading, and writing one or more languages in addition to English. The bill also provides criteria for proving biliteracy and record-keeping requirements for school systems participating in the program. The Department of Education will prepare and deliver an appropriate insignia to participating local school systems to be affixed to the diploma or transcript of the pupil indicating the pupil earned the Georgia Seal of Biliteracy.

Authored By:

Rep. Tom Taylor (79th)

Rule Applied:

House Committee: Economic Development & Tourism Committee

Action:

Modified-Open 02-08-2016 Do Pass

HB 927 "Appellate Jurisdiction Reform Act of 2016"; enact
Bill Summary: HB 927 amends Title 15, relating to certiorari and appeals to appellate courts generally. Specifically, the bill enables the Georgia Supreme Court and Georgia Court of Appeals to hire law students as fulltime clerks, provided those clerks pass the bar within one year of their hiring. The Court of Appeals is empowered to create by court rule the manner in which it is composed, divided, hears cases, and creates precedent. Further, the Court of Appeals is granted appellate jurisdiction over cases involving titles to land, non-death penalty equity cases, wills, extraordinary remedies not involving the death penalty, divorce and alimony cases, and all other cases not reserved to the Supreme Court or conferred on other courts.

The Superior Courts are also empowered to grant immediate effect to judgments rendered by the Court of Appeals. Additionally, receivership powers and procedures are amended to include appellate courts having appellate review. Mandamus cases, contest petitions, review of decrees in will or contract matters, recordation and registration of deeds and other instruments, will all include appellate courts
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Next on the Floor

having appellate review and not just the Supreme Court, this change is also reflected in sections regarding when a judge recommits the record to the examiner, to reflect the changes made in the preceding provisions.

Additionally, the number of Supreme Court justices is increased from seven to nine. The bill empowers the governor to appoint the additional justices created in 2016, for a term beginning January 1, 2017, and continuing through December 31, 2018, and until their successors are elected and qualified. Their successors shall be elected in the manner provided by law for the election of Supreme Court justices at the nonpartisan judicial election in 2018 for a term of six years beginning on January 1, 2019, and until their successors are elected and qualified. Future successors shall be elected at the nonpartisan judicial election each sixth year after such election for terms of six years. They shall take office on the first day of January following the date of the election.

Lastly, the bill changes the dates of the session terms of the Supreme Court.

Authored By:

Rep. Christian Coomer (14th)

House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Structured 02-11-2016 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.

Agriculture & Consumer Affairs Committee
HB 579 Motor vehicles; operation of certain vehicles upon highways when used in connection with agricultural pursuits; provide
Bill Summary: The legislation creates a new Code section for uniform rules of the road and allows a "farm vehicle," defined as an all-terrain or personal transportation vehicle, on a public road, street, or highway when it is being operated by an adult in connection with agricultural pursuits and has a slow-moving vehicle emblem.

Authored By: House Committee:

Rep. Tom McCall (33rd) Agriculture & Consumer Affairs

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 1030 Georgia Seed Development Commission; change certain provisions
Bill Summary: HB 1030 refines the Georgia Seed Development Commission Board by updating the definition of "licensee" members as "the holder of a license authorizing the propagation and marketing of seed, turfgrass, or horticultural plants developed by the College of Agricultural and Environmental Science of the University of Georgia" for membership in the Georgia Seed Development Commission. In addition, it makes the associate dean for research of the College of Agriculture and Environmental Sciences of the University of Georgia a non-voting participant and adds another licensee as a non-voting member.

Authored By: House Committee:

Rep. Sam Watson (172nd) Agriculture & Consumer Affairs

Committee Action:

02-17-2016 Do Pass

Education Committee
HB 614 Landon Dunson Act; enact
Bill Summary: The 'Landon Dunson Act' authorizes the Department of Education to establish a program for placing video cameras in classrooms which are used for special education services. Video would be retained for no less than three months and cover all areas of the classroom to the extent practical.

Authored By: House Committee:

Rep. Valencia Stovall (74th) Education

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 959

Education; K-12; update and clarify certain provisions
Bill Summary: House Bill 959 revises sections of Title 20: Section 1 clarifies local board of education members ability to speak with constituents, conduct town hall meetings, or discuss non-confidential matters with the media; Section 2 updates provisions relating to awarding high school diploma for completion of postsecondary programs; Section 3 updates Move on When Ready provisions; Section 4 clarifies annual performance evaluations allowing sharing data between the Department of Education and the Office of Student Achievement, as long as no personally identifiable information is shared; Section 5 allows students who earn an A, B, or C in a dual credit course to exempt their end-of-course assessment, and Section 6 repeals provisions relating to the Office of Student Achievement regarding non-profit corporations' prohibition from holding real property in fee simple.

Authored By: House Committee:

Rep. Beth Beskin (54th) Education

Committee Action:

02-17-2016 Do Pass by Committee Substitute

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Committee Actions

Governmental Affairs Committee
HB 860 Public officers and employees; persons pardoned for previous convictions are qualified to serve as coroners; provide
Bill Summary: House Bill 860 allows persons that have been granted a pardon for a felony conviction to run for the office of Coroner.

Authored By: House Committee:

Rep. Patty Bentley (139th) Governmental Affairs

Committee Action:

02-17-2016 Do Pass

HB 980

Municipal elections; reopening of qualifications under certain conditions; provide
Bill Summary: House Bill 980 provides for the reopening of qualifications in municipal elections if someone fails to qualify during the regular qualifying period. Under current law, it would require the calling of a special election.

Authored By: House Committee:

Rep. Alan Powell (32nd) Governmental Affairs

Committee Action:

02-17-2016 Do Pass by Committee Substitute

Industry and Labor Committee
HB 216 Occupational diseases; define certain terms; provisions
Bill Summary: House Bill 216 establishes that cancer will be covered by a fire fighter's worker's compensation benefit if it is demonstrated by a preponderance of the evidence that the cancer was caused by the circumstances of his employment.

Authored By: House Committee:

Rep. Micah Gravley (67th) Industry and Labor

Committee Action:

02-17-2016 Do Pass by Committee Substitute

Insurance Committee
HB 784 Insurance; advertising and promotional items not exceeding $100 will not be considered an unfair trade practice; provide
Bill Summary: House Bill 784 clarifies the prohibition of gifts from insurance agents to their current or prospective clients. It allows a gift, not to exceed $50.00 per year, for promotional purposes. The gift cannot be contingent upon the purchase of a policy or other product.

Authored By: House Committee:

Rep. John Carson (46th) Insurance

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 965

"The Honorable Jimmy Carter Cancer Treatment Access Act"; enact
Bill Summary: House Bill 965 creates 'The Honorable Jimmy Carter Cancer Treatment Access Act.' It provides that no health benefit plan issued, delivered, or renewed in this state that directly or indirectly covers the treatment of stage four advanced, metastatic cancer as a provision of hospital, medical, or surgical services, shall limit or exclude coverage for a drug approved by the United States Food and Drug Administration. It mandates that the insured shall prove a history of failure of such drug or drugs before administering an alternative drug used in best practices and supported by peer reviewed literature.

Authored By: House Committee:

Rep. Mike Cheokas (138th) Insurance

Committee Action:

02-17-2016 Do Pass

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Committee Actions

HB 975

Commerce and trade; assets and liabilities; provide certain updates to the standard valuation law
Bill Summary: House bill 975 updates Georgia's Principal Based Reserve standard in order to maintain its accreditation with the National Association of Insurance Commissioners' requirements.

Authored By: House Committee:

Rep. Jason Shaw (176th) Insurance

Committee Action:

02-17-2016 Do Pass

Interstate Cooperation Committee
HB 929 Agreement Among the States to Elect the President by National Popular Vote; enact
Bill Summary: HB 929 enacts the "Agreement Among the States to Elect the President by National Popular Vote" to allow states to join together to establish an interstate compact to elect the U.S. president by popular vote.

Authored By: House Committee:

Rep. Earl Ehrhart (36th) Interstate Cooperation

Committee Action:

02-17-2016 Do Pass

Judiciary Non-Civil Committee
HB 205 Drivers' licenses; require driver who refused blood alcohol concentration testing to install and maintain ignition interlock devices on vehicle; provisions
Bill Summary: HB 205 provides an option to DUI offenders to waive their right to an ALS hearing. For those who submit to a field sobriety test can apply for an ignition interlock limited driving permit for a period of 4 months. Drivers who refuse testing will have the option to apply for an ignition interlock limited driving permit for a period of 12 months. Offenders cannot apply for reinstatement until they provide proof that they have installed an ignition interlock device on their vehicle.
Second time offenders may apply for an ignition interlock device limited driving permit only after serving 120 days of the suspension and fulfilling their enrollment requirement in a drug/alcohol treatment program. An ignition interlock device must be installed on any vehicle before an offender with an ignition interlock limited driving permit may operate the vehicle.
A driver's ignition interlock device limited driving permit shall be revoked if the ignition interlock provider center notifies the court that the device was tampered with, the driver fails to report for monitoring, or the offender tries to drive after drinking.

Authored By: House Committee:

Rep. Tom Rice (95th) Judiciary Non-Civil

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 770

Crimes and offenses; trafficking of persons for labor or sexual servitude; provisions
Bill Summary: HB 770 revises terms and increases penalties relating to trafficking of persons. "Developmental disability" and "controlled substance" are incorporated into the sexual servitude definitions. The definition of "sexual servitude" is expanded to include conduct induced or obtained by coercion or deception from an individual who is younger than 18 or who has a developmental disability. The penalty for trafficking is modified to require imprisonment for not less than 10 or greater than 20 years and a mandatory fine not to exceed $100,000. Finally, the bill specifically states that the involvement of an undercover operative or law enforcement officer in a trafficking investigation is not a defense to prosecution.

Authored By: House Committee:

Rep. Chuck Efstration (104th) Judiciary Non-Civil

Committee Action:

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02-17-2016 Do Pass by Committee Substitute

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Daily Report for February 17, 2016

Committee Actions

HB 790

Crimes and offenses; transmitting a false public alarm; change provisions
Bill Summary: HB 790 expands penalties and reporting requirements for incidents of public false alarm. A person commits the offense of transmitting a false alarm when they knowingly make a false report of a destructive device or hazardous substance, an individual threatening to harm themselves or others, or any other situation which would elicit an immediate, heightened response by law enforcement or emergency services. Convictions of this offense are punished as a misdemeanor of a high and aggravated nature. Second or subsequent convictions of this offense are a felony punishable by imprisonment of one to 10 years or a fine not less than $5,000, or both. Threats made in an area of "critical infrastructure," as defined in the bill, are subject to heightened penalties with imprisonment from five to 10 years and a fine of not more than $100,000, or both. HB 790 also requires all law enforcement authorities to submit an annual report to the attorney general detailing the number and nature of offenses committed under this section.

Authored By: House Committee:

Rep. Brad Raffensperger (50th) Judiciary Non-Civil

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 874

Courts; ability to prosecute street gang terrorism; improve
Bill Summary: HB 874 changes access to evidence of gang activity and adjusts criminal rules of evidence for trials involving gang activity and makes other changes to improve the ability to prosecute street gang terrorism.

The bill changes the terroristic threat statute by creating a felony for threats which suggest the death of the threatened individual. Any individual convicted of such a threat would be guilty of a felony and subject to imprisonment from one to five years or a fine of not less than $1,000, or both.

HB 874 enables evidence of gang activity, including witness testimony, to be admitted into trial and considered at trial whenever it is relevant. Use of such evidence must be disclosed to the defendant 10 days prior to trial. The bill prohibits the exclusion of convictions for gang activity, including juvenile convictions, under the hearsay rules.

HB 874 increases criminal penalties for gang involvement where any person convicted of participation in gang related activities are guilty of a felony and shall be punished by imprisonment from five to 20 years or a fine of $10,000 to $100,000, or both. Individuals who are convicted of participation in gang activities while in possession of telecommunication devices while incarcerated are guilty of a felony and subjected to mandatory imprisonment of at least five but no more than 20 years, which is to be served consecutively to any other sentence imposed. In addition, no portion of the mandatory minimum sentence can be suspended, probated, or withheld.

Authored By: House Committee:

Rep. Albert Reeves (34th) Judiciary Non-Civil

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 905

Courts; child abuse; change provisions
Bill Summary: HB 905 provides for criminal immunity for an individual who is in good faith possession of child pornography for the purpose of promptly reporting such violation to law enforcement or mandatory reporters.

The bill changes the definition for sexual abuse to exclude consensual relationships between adults and children who are not more than four years apart in age. "Child Advocacy Center" is defined to include only entities operated for investigating reported child abuse and partnered with one of the enumerated governmental entities.

HB 905 allows multicounty judicial circuits to determine whether each county in the circuit should establish a protocol committee. Each committee must file an updated protocol with the Department

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Committee Actions

of Family and Children's Services each September.

Finally, the bill strikes provisions requiring county prosecuting offices to notify the division of convictions for child abuse offenses. HB 905 also removes the actions required by the division which follow such notifications, including the addition of the individual to the registry and the procedural recourse for removing a person's name from such a list.

Authored By: House Committee:

Rep. Mandi Ballinger (23rd) Judiciary Non-Civil

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 941

Courts; review of incidents involving a peace officer's use of deadly force that results in death or serious bodily injury; provide for procedure
Bill Summary: HB 941 changes the process for pre-trial inquiries and indictments for review of incidents involving the use of deadly force by peace officers which results in death or serious bodily injury. The bill allows an inquiry into use of deadly force by a police officer to be initiated either by vote of 12 members of a standing grand jury or by the county district attorney (DA). The bill also enables district attorneys in all counties to empanel a special grand jury for the investigation of these incidents. The proceedings exclude charges for non-serious traffic offenses.

Review by a civil grand jury must begin within one year of the incident but cannot begin until after the law enforcement agency investigating the incident has submitted their investigative report. The civil grand jury may not initiate an investigation if the DA has moved to indict the officer. At least 20 days prior to beginning the inquiry, the peace officer involved and the CEO of the officer's agency must receive notice of the proceeding.

During the proceeding, the DA is required to advise the grand jury of laws which apply to the use of deadly force, including: justification for the use of force, use of force in the defense of others, and the statutory authorization for the use of deadly force by law enforcement officers to effect an arrest.

All proceedings shall be recorded by a court reporter provided by the county. In the event that the grand jury elects not to recommend further action, the grand jury must prepare a report containing a summary of the evidence considered and the reasoning and findings of the grand jury. The transcript of the proceeding, the presented evidence, and the grand jury report will be made available to the public by the district attorney within six months or by the end of the next term of the court, whichever is later. Portions of the report or evidence that are subject to statutory privilege may be redacted only on motion by the DA and approval of a Superior Court Judge.

For criminal grand jury proceedings, the DA or the accused officer may request a court reporter, who will be appointed by the DA and paid for by the county. The transcript will be furnished to the DA, who will retain recordings, notes, and the transcript of the recording. For testimony of a witness who has been granted immunity, the original transcript will be filed with the court clerk under seal and a copy will be given to the DA.

At least 20 days prior to beginning the indictment, the peace officer involved and the CEO of the officer's agency must receive, in writing, a copy of the indictment, notice of the grand jury hearing, the time and location of the hearing. The officer must also be notified of his right to testify before the grand jury after the DA has presented their case and that their testimony will be subject to cross examination and/or rebuttal witnesses.

The DA must inform the Grand Jury of the officer's right to testify or refuse testimony and the inapplicability of that decision to their decision. During the proceeding, the DA is required to advise the grand jury of laws which apply to the use of deadly force, including: justification for the use of force, use of force in the defense of others, and the statutory authorization for the use of deadly force by law enforcement officers to effect an arrest.

At any time during the proceedings, the grand jury may instruct the DA to create a new bill of

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Committee Actions

indictment, which must be subsequently provided to the officer. During deliberation, no individual other than grand jury members or needed interpreters may be present.

Authored By: House Committee:

Rep. Rich Golick (40th) Judiciary Non-Civil

Committee Action:

02-17-2016 Do Pass by Committee Substitute

HB 948

Penal institutions; application fee paid to the State Board of Pardons and Paroles by nonindigent adult offenders applying to transfer supervision; revise
Bill Summary: HB 948 raises the fee that a non-indigent adult offender pays when applying to transfer supervision from Georgia to any other state to $100.

Authored By: House Committee:

Rep. Alan Powell (32nd) Judiciary Non-Civil

Committee Action:

02-17-2016 Do Pass

HB 949 Crimes and offenses; illegal use of financial transaction cards; revise provisions
Bill Summary: HB 949 adds locally-elected constitutional officers to the list of individuals regulated in the Code regarding the illegal use of financial transaction cards.

Authored By: House Committee:

Rep. Alan Powell (32nd) Judiciary Non-Civil

Committee Action:

02-17-2016 Do Pass by Committee Substitute

Rules Committee
HR 1363 House Special Study Committee on Judicial Qualifications Commission Reform; create
Bill Summary: HR 1363 creates a committee to study the reform of the Judicial Qualifications Commission, which has the authority to issue and enforce subpoenas for witness and documents. The committee is composed of seven members to be appointed by the Speaker of the House.

Authored By: House Committee:

Rep. Wendell Willard (51st) Rules

Committee Action:

02-17-2016 Do Pass

Special Rules Committee
HR 978 House Study Committee on Historic Site Preservation; create
Bill Summary: HR 978 creates a study committee to collect information and data relating to the effectiveness of state efforts to preserve historic sites in Georgia and to conduct a comprehensive review of programs designed to accomplish such preservation. It will have five members authorized to meet for no more than five days.

Authored By: House Committee:

Rep. Debbie Buckner (137th) Special Rules

Committee Action:

02-17-2016 Do Pass

HR 979

House Study Committee on Programs That Provide Services for the Reading to the Blind and the Visually Impaired; create
Bill Summary: HR 979 creates the House Study Committee on Programs That Provide Services for the Reading to the Blind and Visually Impaired to determine if adjustments in the rehabilitation services and the public awareness of these service programs should be enhanced. The committee shall also identify and study the places and programs which serve the blind and visually impaired and their service delivery areas; the scope of the programs or services; the funding sources of the programs or services, and the individual participation rates for the numbers of citizens served

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House of Representatives

Daily Report for February 17, 2016

Committee Actions

annually.

The committee is composed of seven members appointed by the Speaker of the House: four representatives, one of whom must be House Appropriations' Economic Development Subcommittee chair, and one who must be the House Appropriations' Higher Education Subcommittee chair. The three additional, non-legislative members are the executive director of the Public Service Commission, the director of the Public Library Service of the Board of Regents and a representative of the Center for the Visually Impaired.

Authored By: House Committee:

Rep. Penny Houston (170th) Special Rules

Committee Action:

02-17-2016 Do Pass

HR 1135 House Study Committee on Base Realignment and Closure; create
Bill Summary: HR 1135 creates a study committee to examine issues regarding an expected United States military base realignment and determine what steps can be taken to protect Georgia's military bases. The committee will be composed of 15 members and must hold at least five meetings.

Authored By: House Committee:

Rep. D. C. Belton (112th) Special Rules

Committee Action:

02-17-2016 Do Pass

HR 1341 House Study Committee on Professional Employer Organizations; create
Bill Summary: HR 1341 creates a committee to study the role of professional employer organizations in the provision of insurance benefits and whether there is a need to license and regulate the representatives of those organizations. The committee is composed of five members authorized to meet for no more than five days.

Authored By: House Committee:

Rep. Richard Smith (134th) Special Rules

Committee Action:

02-17-2016 Do Pass

State Properties Committee
HR 1312 Houston County; certain property currently dedicated as a heritage preserve; authorize the change of use
Bill Summary: HR 1312 authorizes the Department of Transportation to use approximately three acres of a heritage preserve in Houston County belonging to the Department of Natural Resources for the widening of State Route 96.

Authored By: House Committee:

Rep. Barbara Sims (123rd) State Properties

Committee Action:

02-17-2016 Do Pass

Ways & Means Committee
HB 763 Sales and use tax; exemption regarding certain food and food ingredients; remove sunset
Bill Summary: This legislation provides a sales and use tax exemption for nearly-expired food to companies that donate such food to food banks. The bill has a sunset provision ending in 2021.

Authored By: House Committee:

Rep. Penny Houston (170th) Ways & Means

Committee Action:

02-17-2016 Do Pass

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House of Representatives

Daily Report for February 17, 2016

Committee Actions

HB 766

Property tax exemptions; definition to include any spouse; revise
Bill Summary: This legislation updates the terms "husband" and "wife" to "married person" and "spouse" in the Code section governing the eligibility of a homestead property tax exemption. The bill also provides for a ballot question to change the language in the State Constitution accordingly. This legislation also allows an eligible disabled to veteran to qualify for the homestead exemption by meeting either, rather than both, of the standards required by law, which are: permanent loss of one or both feet, hands, or sight in one or both eyes; or honorably discharged and 100 percent disabled or compensated at the 100 percent level as unemployable.

Authored By: House Committee:

Rep. Beth Beskin (54th) Ways & Means

Committee Action:

02-17-2016 Do Pass

HB 768

Handicapped persons; ABLE program establishment to use tax exempt accounts to pay for qualified expenses of eligible individuals with disabilities; provisions
Bill Summary: This legislation establishes the Georgia ABLE Program ('Georgia Achieving a Better Life Experience'), modeled after education savings plans under Section 529 of the Internal Revenue Code, whereby disabled individuals can save over $2,000 in private funds in tax-exempt accounts to pay for qualified, disability expenses without becoming ineligible for Medicaid. The corporation shall be governed by a board of directors consisting of the commissioner of Department of Community Health, the commissioner of the Department of Behavioral Health and Developmental Disabilities, the state auditor, the state treasurer, and three members appointed by the governor. Georgia may also participate jointly with other states with ABLE programs to raise the necessary assets required to fund the program.

Authored By: House Committee:

Rep. Lee Hawkins (27th) Ways & Means

Committee Action:

02-17-2016 Do Pass

HB 893

Revenue and taxation; forms of payment; change certain provisions
Bill Summary: This legislation lowers and streamlines the electronic tax filing threshold for businesses and individuals from $1,000 to $250 for calendar year 2017, and to $100 for 2018 and beyond. The Department of Revenue may then require electronic filing at or above said thresholds.

Authored By: House Committee:

Rep. Jay Powell (171st) Ways & Means

Committee Action:

02-17-2016 Do Pass

HB 922

Income tax credit; creating quality jobs; add definition of taxpayer
Bill Summary: This legislation provides that a taxpayer may elect to include disregarded entities as defined by the Internal Revenue Code as part of the taxpayer for purposes of calculating the number of new quality jobs created under a jobs tax credit.

Authored By: House Committee:

Rep. Bruce Williamson (115th) Ways & Means

Committee Action:

02-17-2016 Do Pass

HB 923

Sales and use tax; fire districts which have elected governing bodies and are supported by ad valorem taxes; provide exemption
Bill Summary: This legislation exempts fire districts which have elected government bodies and are supported in whole or in part by ad valorem taxes from sales and use taxes.

Authored By: House Committee:

Rep. Regina Quick (117th) Ways & Means

Committee Action:

02-17-2016 Do Pass

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House of Representatives

Daily Report for February 17, 2016

Committee Actions

HB 936

Income tax; wages necessary to qualify for a job tax credit; clarify certain terms
Bill Summary: This legislation clarifies terms in respect to the wages necessary to qualify for a jobs tax credit. It does this by providing that the average wage of each new job created must be above the average county wage in the county with the lowest average wage. It also provides that a "new fulltime employee job" means a newly-created position requiring a minimum of 35 hours per week paying at or above the average wage in the lowest county with the lowest average wage.

Authored By: House Committee:

Rep. Brett Harrell (106th) Ways & Means

Committee Action:

02-17-2016 Do Pass

HB 937 Sales and use tax; exemption for projects of regional significance; change sunset provision
Bill Summary: This legislation extends the sunset on the sales and use tax exemption for the construction of a competitive project of regional significance until June 30, 2019.

Authored By: House Committee:

Rep. Brett Harrell (106th) Ways & Means

Committee Action:

02-17-2016 Do Pass

HB 939

Revenue and taxation; setoff debt collections by the Administrative Office of the Courts; revise terms and procedures
Bill Summary: This legislation revises procedures for Administrative Office of the Courts to intercept setoffs, which are fines and fees over $25 used to repay debts owed to a court. A taxpayer will be notified of a setoff and may appeal the setoff.

Authored By: House Committee:

Rep. Betty Price (48th) Ways & Means

Committee Action:

02-17-2016 Do Pass

HR 502

General Assembly; provide for dedication of revenues derived from fees or other assessments to the public purpose for which such fees or other assessments were imposed; authorize - CA
Bill Summary: HR 502 is a constitutional amendment to allow revenues to be dedicated to the specific purpose for which they were collected upon passage of a law by a roll-call, two-thirds vote of each chamber of the Georgia General Assembly. In the event that the governor declares a financial state of emergency, the General Assembly may suspend the dedication of revenues temporarily by passing a joint resolution; however, the suspension may not last more than two fiscal years and the resolution may not be adopted more than twice in any ten-year period.

Authored By: House Committee:

Rep. Andrew Welch (110th) Ways & Means

Committee Action:

02-17-2016 Do Pass

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House of Representatives

Daily Report for February 17, 2016

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.

Thursday, February 18, 2016 10:00 AM Floor Session (LD 23) House Chamber 7:30 AM APPROPRIATIONS 341 CAP 8:00 AM Juvenile Justice Efstration Sub 406 CLOB 8:00 AM W&M Public Finance and Policy Sub 133 CAP 9:00 AM RULES 341 CAP 1:00 PM Pak Sub Judiciary Non-Civil 606 CLOB 2:00 PM BUDGET & FISCAL AFFAIRS OVERSIGHT 506 CLOB 2:00 PM MOTOR VEHICLES 406 CLOB 2:00 PM SMALL BUSINESS 515 CLOB 2:00 PM TRANSPORTATION - Canceled 506 CLOB 2:00 PM JUDICIARY CIVIL 132 CAP 3:00 PM Judiciary Civil Caldwell Sub 132 CAP 3:00 PM Regulations Sub 406 CLOB 4:00 PM BANKS & BANKING 506 CLOB 4:00 PM Telecommunications Sub 403 CAP 4:00 PM Professions-Boards-Commissions Sub 406 CLOB

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