Daily report [Feb. 23, 2016]

Georgia House of Representatives
DAILY REPORT
Tuesday, February 23, 2016
House Budget & Research Office (404) 656-5050
The House will reconvene for its 27th Legislative Day on Wednesday, February 24 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 13 bills / resolutions are expected to be debated on the floor.

26th Legislative
Day
House Media Services (404) 656-0305

Today on the Floor
Rules Calendar
HB 93 Motor vehicles; law enforcement retaining license plate data obtained from automated license plate recognition systems for certain periods; prohibit
Bill Summary: House Bill 93 defines "automated license plate recognition system" and "captured license plate data" in the Code. Automated license plate recognition system means one or more high-speed cameras combined with computer algorithms to convert images of license plates into computer readable data. Captured license plate data means the GPS coordinates, data/time, photograph, license plate number, and any other data collected by the automated license plate recognition system. The data collect shall be destroyed by the law enforcement agency that collects the data after 90 days unless the data is the subject matter of a toll violation or law enforcement purpose. The bill allows law enforcement agencies to exchange data with other law enforcement agencies for official purposes but imposes penalties for improper use. Finally, the bill states that data collected is not subject to open records requests.

Authored By: Rep. John Pezold (133rd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 152 Nays: 2

Amendments:

Modified-Structured 02-09-2016 Do Pass by Committee Substitute AM 41 0148

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 Achieving a Better Life Experience (ABLE) Program, which is modeled after education savings plans under Section 529 of the Internal Revenue Code. The bill allows disabled individuals to save private funds in tax-exempt accounts to pay for qualified disability expenses without becoming ineligible for Medicaid by possessing over $2,000 in assets. The governing corporation will have a board of directors consisting of the: commissioner of the Department of Community Health, commissioner of the Department of Behavioral Health and Developmental Disabilities, state auditor, 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: Rep. Lee Hawkins (27th) House Committee: Ways & Means

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action:

Structured 02-17-2016 Do Pass

HB 792

Firearms; carrying, possession, and use of electroshock weapons by persons who are students or who are employed at a public institution; authorize
Bill Summary: House bill 792 would allow anyone at any postsecondary education institutions to carry electroshock weapons on campus. The bill requires the use of that weapon to be only in self-defense or the defense of another.

Authored By: Rep. Buzz Brockway (102nd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 117 Nays: 46

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Modified-Structured 02-16-2016 Do Pass by Committee Substitute

House of Representatives

Daily Report for February 23, 2016

Today on the Floor

HB 804

Superior courts; fifth judge of the Clayton Judicial Circuit; provide
Bill Summary: HB 804 adds a fifth judge to the superior courts of the Clayton Judicial Circuit. The additional judge will be appointed by the governor for a term beginning July 1, 2016 and continuing through December 31, 2018. The Clayton Judicial Circuit is also empowered to appoint an additional court reporter.

Authored By: Rep. Ronnie Mabra (63rd) House Committee: Judiciary

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action:

Modified-Open 02-04-2016 Do Pass by Committee Substitute

HB 827

"Pursuing Justice for Rape Victims Act"; enact
Bill Summary: HB 827 outlines requirements for recording and reporting evidence collected during a forensic medical evaluation for investigations of rape or aggravated sodomy. Law enforcement officers collecting such evidence are required to provide notification to the GBI division of forensic sciences (the division). The bill also requires law enforcement to submit the evidence within 30 days and follow the procedures of the division, regardless of whether the evidence will be tested.

In addition, every law enforcement agency in the state is required to create a list of evidence resulting from any forensic medical evaluation during an investigation of rape or aggravated sodomy in the agency's possession on July 1, 2016. The list must be submitted to the division by September 16, 2016 and must identify whether the listed evidence should be tested or stored. Evidence on the list must be transferred to the division no later than November 16, 2016.

HB 827 requires the division to issue an annual report detailing the number of rape and aggravated sodomy cases for which the division has tested or stored in evidence. The division is required to submit this annual report to the Speaker of the House of Representatives, the Lieutenant Governor, the House Committee on Judiciary, House Committee on Judiciary Non-Civil, and the Senate Judiciary Non-civil Committee.

Authored By: Rep. Scott Holcomb (81st) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 160 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 02-10-2016 Do Pass by Committee Substitute

HB 851

Local government; annual audit of financial affairs, books, and records of boards of trustees of county law libraries; require
Bill Summary: HB 851 requires county law libraries to have an annual audit of its financial affairs, books, and accounts performed by a certified public accountant.

Authored By: Rep. Alex Atwood (179th)

Rule Applied:

House Committee: Budget and Fiscal Affairs Oversight Committee Action:

Floor Vote:

Yeas: 161 Nays: 0

Modified-Open 02-18-2016 Do Pass by Committee Substitute

HB 856 Probate courts; bond required for judges; change provisions
Bill Summary: HB 856 increases the base bond or surety amount from $25,000 to $100,000 for probate judges.

Authored By: Rep. Barry Fleming (121st) House Committee: Judiciary

Floor Vote:

Yeas: 152 Nays: 0

Rule Applied: Committee Action:

Modified-Open 02-04-2016 Do Pass

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Daily Report for February 23, 2016

Today on the Floor

HB 900

Crimes and offenses; electronic data base of prescription information; authorize the retention of data base information for 2 years
Bill Summary: HB 900 amends O.C.G.A 16-13-59 to allow the Georgia Drugs and Narcotics Agency (the "agency") to retain aggregated prescription information for two years, instead of one year, from the date the information is received.

Additionally, HB 900 amends O.C.G.A 16-13-60 to allow the agency to provide requested prescription information to delegates of such persons authorized to prescribe or dispense control substances. These delegates must be members of the prescriber or dispenser's staff and the delegates must retrieve and review information for the purposes of determining misuse, abuse, or underutilization of prescribed medicine. Additionally, the agency can provide requested prescription information to state and local law enforcement upon the issuance of a search warrant from an appropriate court or official in the county in which the office of such law enforcement officials are located. Finally, the agency can provide requested prescription information to the Department of Community Health for the state Medicaid program.

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

Floor Vote:

Yeas: 151 Nays: 12

Rule Applied: Committee Action:

Modified-Structured 02-16-2016 Do Pass by Committee Substitute

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: Rep. Regina Quick (117th) House Committee: Ways & Means

Floor Vote:

Yeas: 159 Nays: 0

Rule Applied: Committee Action:

Structured 02-17-2016 Do Pass

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. 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 district attorney has moved to indict the officer. At least 20 days prior to beginning the inquiry, the peace officer involved and the chief executive officer of the officer's agency must receive notice of the proceeding.

During the proceeding, the district attorney 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

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Daily Report for February 23, 2016

Today on the Floor

on motion by the district attorney and approval of a superior court judge.

For criminal grand jury proceedings, the district attorney or the accused officer may request a court reporter, who will be appointed by the district attorney and paid for by the county. The transcript will be furnished to the district attorney, 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 district attorney.

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, as well as the time and location of the hearing. The officer must also be notified of his right to testify before the grand jury after the district attorney has presented the case and that their testimony will be subject to cross examination and/or rebuttal witnesses.

The district attorney 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 district attorney 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 district attorney to create a new bill of 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: Rep. Rich Golick (40th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 02-17-2016 Do Pass by Committee Substitute

HB 944

Health; pronouncement of death of patients in nursing homes who are organ donors by a physician assistant or registered professional nurse; provide
Bill Summary: HB 944 would allow a physician assistant, nurse practitioner, or a registered professional nurse to pronounce the death of a patient in a nursing home if said patient dies of natural causes. Further, this bill allows a physician assistant, nurse practitioner, or a registered professional nurse employed by a hospice to pronounce the death of a patient in hospice care.

Authored By: Rep. Sheri Gilligan (24th) House Committee: Health & Human Services

Floor Vote:

Yeas: 153 Nays: 1

Rule Applied: Committee Action:

Modified-Open 02-16-2016 Do Pass by Committee Substitute

HB 970

Fire protection and safety; issuance of certificates of compliance for fire departments; revise requirements
Bill Summary: House Bill 970 revises and updates Title 25 relating to fire protection and safety relating to issuance of certificates, definitions, functions and powers of the Georgia Firefighter Standards and Training Council and qualifications of firefighters.

Authored By: Rep. Eddie Lumsden (12th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 162 Nays: 0

Modified-Open 02-16-2016 Do Pass

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Daily Report for February 23, 2016

Today on the Floor

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: Rep. Jason Shaw (176th) House Committee: Insurance

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action:

Modified-Open 02-17-2016 Do Pass

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

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action:

Open 02-17-2016 Do Pass

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: Rep. Barbara Sims (123rd) House Committee: State Properties

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 02-17-2016 Do Pass

Postponed Until Next Legislative Day
HR 1363 House Special Study Committee on Judicial Qualifications Commission Reform; create
Bill Summary: HR 1363 creates a study committee for the reform of the Judicial Qualifications Commission. The committee 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: Rep. Wendell Willard (51st)

Rule Applied: Modified-Structured

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Daily Report for February 23, 2016

Today on the Floor

Local Calendar
HB 1010 Cobb County; Board of Commissioners; compensation of the chairperson and other commissioners; change provisions
Bill Summary: A Bill to amend an Act creating the Board of Commissioners of Cobb County, so as to change the provisions relating to the compensation of the chairperson and other commissioners of the board.

Authored By: Rep. John Carson (46th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass by Committee Substitute

HB 1038 Eatonton, City of; levy an excise tax Bill Summary: A Bill to authorize the City of Eatonton to levy a hotel/motel tax.

Authored By: Rep. Trey Rhodes (120th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

HB 1042 Polk County; Board of Commissioners; change provisions relating to the filling of vacancies of members
Bill Summary: A Bill to amend an Act to create a Board of Commissioners of Roads and Revenues, so as to change provisions relating to the filling of vacancies in the offices of members of the governing authority.

Authored By: Rep. Trey Kelley (16th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

HB 1044 Lowndes County; election of the Board of Tax Assessors; repeal
Bill Summary: A Bill to repeal the amendment to the Constitution of Georgia providing the election of the Board of Tax Assessors of Lowndes County and thereby end the elective terms of members of the Board of Tax Assessors of Lowndes County on December 31, 2020.

Authored By: Rep. John Corbett (174th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

HB 1047 Coweta County; State Court; revise terms
Bill Summary: A Bill to amend an Act continuing the State Court of Coweta County, so as to revise the terms of court of the State Court of Coweta County.

Authored By: Rep. Lynn Smith (70th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

HB 1048 Houston County; Commission on Children and Youth; repeal an Act Bill Summary: A Bill to repeal an Act creating the Houston County Commission on Children and Youth.

Authored By: Rep. Shaw Blackmon (146th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

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Daily Report for February 23, 2016

Today on the Floor

HB 1049 Savannah, City of; Board of Public Education; authorize to censure its members
Bill Summary: A Bill to amend an Act to provide for the Board of Public Education for the City of Savannah and Chatham County.

Authored By: Rep. Ron Stephens (164th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

HB 1050 Savannah, City of; mayor and aldermen; authorize to censure its members
Bill Summary: A Bill to amend several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to authorize members of the governing body to censure its members.

Authored By: Rep. Ron Stephens (164th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

HB 1051 Chatham County; governing authority; provide additional power of the board to censure members
Bill Summary: A Bill revising the laws relative to the governing authority of Chatham County, so as to provide for an additional power of the board to censure members.

Authored By: Rep. Ron Stephens (164th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 151 Nays: 0

Rule Applied: Committee Action:

02-22-2016 Do Pass

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Daily Report for February 23, 2016

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 27th Legislative Day, Wednesday, February 24, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Wednesday,
February 24, at 9:00 a.m., to set the Rules Calendar for the 28th Legislative Day.

HB 166 Motorcycle Mobility Safety Act; enact
Bill Summary: House Bill 166 is the 'Motor Cycle Mobility Safety Act.' The legislation increases the height limitation for motorcycle handlebars to 25 inches.

Authored By: Rep. John Yates (73rd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee

Action:

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

HB 381 Revised Georgia Law on Notarial Acts of 2015; enact
Bill Summary: HB 381 repeals Chapter 17, relating to notaries public, and creates the 'Revised Georgia Law on Notarial Acts of 2015.' The substantive changes include modernizing notary laws of Georgia. Currently, Georgia law does not authorize electronic notarial acts, and this legislation would render Georgia's notary laws more uniform with other states. Additionally, the bill increases protections against fraudulent notarial acts and allows for electronic notarial acts and licensing and registry with a database created and managed by the Georgia Superior Court Clerk. Every notary public would be required to comply with the act after July 1, 2016 (with the exception of replacing an official seal prior to renewal).

The bill requires a notary to maintain an electronic journal in which he or she must chronicle all notarial acts he or she performs, with entries describing the parties involved, date, time, and fee (if any). Entries must be made contemporaneously with the notarial act. The notary must retain the journal for 10 years after the performance of the last notarial act chronicled in the journal. The bill provides requirements for lost or stolen journals, and procedures for when a notary's commission is suspended or revoked, or the notary dies or is adjudicated incompetent. The bill requires a notary to pass an examination administered by the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA).

GSCCCA must adopt rules and regulations to implement the requirements laid out in the Act including among other things: regularly offer a course on becoming a notary; approve a notary's requested use of technology if it conforms to the standards adopted by such authority; and maintain an electronic database of notaries for individuals to verify the authority of a notary. The GSCCCA must also keep a record of certain personal information for each notary: his or her name, address, signature, age, sex, and commission term, and whether he or she has been approved to perform notarial acts on electronic records.

The bill provides for recognition of other state's or federally-recognized Indian tribe's notaries if the laws of the state or tribe are substantially similar to Georgia laws and the act is performed by a notary public of such state or tribe or by any other individual authorized by the law of the state or tribe to perform a notarial act. The bill also recognizes that a notarial act performed under authority and in the jurisdiction of a foreign state (excluding Cuba, Iran, Sudan, or Syria) or under the authority of a multinational or international governmental organization has the same effect as though performed by a Georgia notary.

Authored By:

Rep. Andrew Welch (110th)

House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Open 02-18-2016 Do Pass by Committee Substitute

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Daily Report for February 23, 2016

Next on the Floor

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: Rep. Valencia Stovall (74th) House Committee: Education

Rule Applied: Committee Action:

Modified-Open 02-17-2016 Do Pass by Committee Substitute

HB 773 Georgia Housing and Finance Authority; outstanding bond limit; increase
Bill Summary: House Bill 773 increases the Georgia Housing and Finance Authority's bond limit for the single-family, residential housing program from $1.3 billion to $3 billion.

Authored By:

Rep. Penny Houston (170th)

House Committee: Appropriations

Rule Applied: Committee Action:

Modified-Structured 02-18-2016 Do Pass by Committee Substitute

HB 806 Drivers' licenses; expiration of certain licenses and identification cards; provisions
Bill Summary: House Bill 806 is the annual "housekeeping" bill for the Department of Driver Services (DDS). It removes the option for a driver's license with a five-year renewal. It creates a two-year statute of limitations for citations that have been adjudicated in a local court and require the suspension of an individual's driving privileges, but the citations have not been processed with DDS.

Authored By: Rep. Kevin Tanner (9th) House Committee: Motor Vehicles

Rule Applied: Committee Action:

Modified-Structured 02-18-2016 Do Pass by Committee Substitute

HB 838 Insurance; carriers that sell certain health plans through an agent shall compensate such agent a minimum of 5 percent of collected premiums; provide
Bill Summary: HB 838 requires insurance companies that sell health insurance plans through an agent in Georgia to compensate the agent with a minimum of five percent of the collected premium required for small group policies and four percent of the collected premium required for individual policies.

Authored By:

Rep. Shaw Blackmon (146th)

House Committee: Insurance

Rule Applied: Committee Action:

Modified-Structured 02-22-2016 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:

Rep. Albert Reeves (34th)

House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-17-2016 Do Pass by Committee Substitute

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Next on the Floor

HB 916 "The Pharmacy Audit Bill of Rights"; certain audits conducted by the Department of Community Health; remove exception; provisions
Bill Summary: HB 916 prevents the Department of Community Health from recouping full payment for medical assistance if the provider makes a clerical or record-keeping error in their reimbursement documentation. However, if such error results in an overpayment, the department can recoup the amount overpaid. Further, under the provisions of this bill, no state agency that provides recoupment or reimbursement to another entity can establish rules that require full recoupment for any clerical or record-keeping error.

Authored By:

Rep. Dustin Hightower (68th)

House Committee: Health & Human Services

Rule Applied: Committee Action:

Modified-Structured 02-16-2016 Do Pass

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

Rule Applied: Committee Action:

Modified-Structured 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: Rep. Alan Powell (32nd) House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-17-2016 Do Pass by Committee Substitute

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: Rep. Alan Powell (32nd) House Committee: Governmental Affairs

Rule Applied: Committee Action:

Modified-Structured 02-17-2016 Do Pass by Committee Substitute

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:

Rep. Andrew Welch (110th)

House Committee: Ways & Means

Rule Applied: Committee Action:

Modified-Open 02-17-2016 Do Pass

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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
HB 569 Pharmacists and pharmacies; licensure of durable medical equipment suppliers; provide
Bill Summary: HB 569 requires individuals who deliver or accept disposable medical supplies or durable medical equipment to possess a durable medical equipment supplier license issued by the Georgia State Board of Pharmacy (the "board"). The bill defines "durable medical equipment" to mean equipment that can withstand repeated use; is primarily and customarily used for medical purposes; is not useful to a person in the absence of illness or injury; and is not worn in or on the body. Licenses are effective for 24 months from the date of issuance.

Authored By: House Committee:

Rep. Jesse Petrea (166th) Health & Human Services

Committee Action:

02-23-2016 Tabled

HB 915

Social services; criminal records checks shall be required for owners and employees of certain licensed facilities; establish
Bill Summary: HB 915 requires the Department of Human Services (DHS) to establish a child welfare agency public scorecard to score child welfare agencies. This scorecard will be published in a single location on a website for public review. The score must be posted within 30 days of the completion of an inspection. The scores will be based on an established published formula with weight appropriately given for each agency's compliance or noncompliance with all applicable rules and policies. DHS must give agencies an advanced written notice of their score before the score is posted.

Additionally, under the provision of this bill, DHS is to perform an annual inspection of all child welfare agencies in cooperation with all affected agencies to determine the agency's score for the public scorecard.

Authored By: House Committee:

Rep. Andrew Welch (110th) Health & Human Services

Committee Action:

02-23-2016 Tabled

HB 926

Pharmacists and pharmacies; regulation of certain facilities and entities involved in the wholesale, manufacture, and distribution of drugs; provide
Bill Summary: HB 926 requires the third-party logistics providers, defined in the bill as an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer but does not take title to a drug or have general responsibility to direct the sale or other disposition of the drug, to be licensed by the Georgia State Board of Pharmacy (the "board"). This bill allows the board to issue temporary licenses in emergency situations that will expire at the end of the month following the third board meeting conducted after the issuance of such license. Additionally, temporary licenses may also be issued to a service member for a period of six months.

Authored By: House Committee:

Rep. Bruce Broadrick (4th) Health & Human Services

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 954

"Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act"; enact
Bill Summary: HB 954 establishes the Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act. Under the provisions of this bill, when an individual is involved in guardianship proceedings and conservatorship proceedings, courts in Georgia can compel courts in other states to facilitate the process of transferring guardianship or conservatorship. Additionally,

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Daily Report for February 23, 2016

Committee Actions

this bill would enhance interstate recognition and enforcement of guardianship orders. Finally, this bill enables courts in Georgia and courts in other states to communicate, maintain records, and respond to requests for assistance.

Authored By: House Committee:

Rep. Chuck Efstration (104th) Health & Human Services

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 1037 Community Health, Department of; certified nurse aide registry to nurse aides who provide services in private residences; expand
Bill Summary: HB 1037 amends the nurse aide registry established and maintained by the Department of Community Health to include nurse aides who provide services in temporary or permanent private residences. Additionally, the registry should provide a method by which the public can submit inquiries or complaints about these nurse aides.

Authored By: House Committee:

Rep. Valerie Clark (101st) Health & Human Services

Committee Action:

02-23-2016 Do Pass

HB 1043 Vaccine protocol agreements; influenza; exempt activities conducted by a hospital or health system from certain requirements
Bill Summary: HB 1043 requires a pharmacist or nurse to take an appropriate case history, as opposed to a complete case history, before administering the influenza vaccine. Additionally, under the provisions of this bill, hospitals and health systems that administer the influenza vaccine are exempt from certain requirements under O.C.G.A 43-34-26.1 as long as the following conditions are met: (1) the vaccine recipient signs and dates a consent form; (2) if the vaccine recipient is a patient within the hospital or health system, the administration of the influenza should be noted in the patient's health record; (3) if the vaccine recipient is not a patient within the hospital system, the hospital or health system must issue a personal immunization card to the patient; and finally (4) if requested by the patient, the influenza vaccine must be administered behind a portable screen.

Authored By: House Committee:

Rep. Trey Kelley (16th) Health & Human Services

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 1058 Health; HIV and AIDS; revise various statutes
Bill Summary: HB 1058 allows a person employed by or an agent of a harm reduction organization, defined by the bill as an organization that provides direct assistance to at-risk individuals to slow the spread of HIV and other infectious disease among intravenous drug users, to distribute hypodermic syringes or needles. Additionally, HB 1058 allows women to have the opportunity to refuse a HIV test during a pregnancy screening. Finally, this bill removes the requirement for the Department of Public Health to develop brochures or other documents relating to HIV tests.

Authored By: House Committee:

Rep. Betty Price (48th) Health & Human Services

Committee Action:

02-23-2016 Do Pass by Committee Substitute

Higher Education Committee
HB 1072 Education; service cancelable loan fund; remove ineligibility for such loans for members of the Georgia National Guard also receiving HOPE
Bill Summary: House Bill 1072 relating to service cancelable education loans for Georgia National Guard members repeals a provision which would make students ineligible for the loan if they were also receiving HOPE scholarship or HOPE grant funds.

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House of Representatives

Daily Report for February 23, 2016

Committee Actions

Authored By: House Committee:

Rep. Christian Coomer (14th) Higher Education

Committee Action:

02-23-2016 Do Pass

Judiciary Committee
HB 734 "Georgia Space Flight Act"; enact
Bill Summary: This bill adds new chapters to title 51, related to torts, to provide a limited waiver of liability for persons that agree to participate in space flight activities and space flight operations provided such persons sign a written waiver agreeing to those limitations.

Authored By: House Committee:

Rep. Jason Spencer (180th) Judiciary

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 1025 Courts; service of accusations of or citations for violations of ordinances under certain circumstances; change provisions
Bill Summary: Amends provisions relating to violations of county and state ordinances. Notice requirements have been added to current law for serving these violations. Service requirements consist of leaving a copy of the citation at the premises where the alleged violation occurred, mailing a copy to the owner, and filing a copy with the magistrate court. If the accused fails to appear for the court hearing after notice was given following the steps above, a judgment will be issued against the accused and a penalty will be assessed.

Authored By: House Committee:

Rep. Tom Taylor (79th) Judiciary

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 1027 Courts; filing of documents in superior and state courts by electronic means; provide
Bill Summary: Provides a method for electronic filing of pleadings and other court documents with the Court, stipulates the format, verification process, notice requirements, and form for doing so. Also provides for a method for attaching fees or funds to such electronic filing.

Authored By: House Committee:

Rep. Barry Fleming (121st) Judiciary

Committee Action:

02-23-2016 Do Pass by Committee Substitute

Juvenile Justice Committee
HB 229 Domestic relations; grandparent rights to visitation and intervention to great-grandparents and siblings of parents; expand
Bill Summary: HB 229 expands the grandparent's visitation statute to include great-grandparents, aunts and uncles. A great-grandparent, aunt or uncle may seek visitation rights when a child custody case has gone before a court or in cases where the parents are no longer living together. In order to be eligible for visitation rights, a great-grandparent, aunt or uncle must prove that the health and welfare of a child will be harmed without such visitation and that the visitation is in the best interest of the child.

Authored By: House Committee:

Rep. Brian Strickland (111th) Juvenile Justice

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 713

Juvenile Code; domestic relations; terminating parental rights; provisions
Bill Summary: HB 713 adds rape to be an aggravating factor, which must be proven by clear and convincing evidence, in civil proceedings to terminate the parental rights of the father in custody proceedings for a child conceived under this circumstance.

Page 13 of 17

House of Representatives

Daily Report for February 23, 2016

Committee Actions

Authored By: House Committee:

Rep. Brad Raffensperger (50th) Juvenile Justice

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 725

"Child Abuse Records Protection Act"; enact
Bill Summary: HB 725 provides for greater confidentiality regarding an individual's child abuse records by requiring a court order before the release of such records. Moreover, when a court does authorize the release of such records, the court shall issue a protective order covering those records where anyone allowed to access such records be required to acknowledge, in writing, that he or she agrees to be bound by the protective order. In addition, those records released shall be returned to the court upon completion of the matter that caused the release of such records. Any failure to obey the protective order may be punished as contempt of court.

Authored By: House Committee:

Rep. Wesley Cantrell (22nd) Juvenile Justice

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 1073 Juvenile Code; procedure in juvenile courts; change provisions
Bill Summary: HB 1073 provides that upon an appeal for the termination of parental rights, that adoption proceedings are stayed until the outcome of the Appeals Court.

Authored By: House Committee:

Rep. Brian Strickland (111th) Juvenile Justice

Committee Action:

02-23-2016 Do Pass

Public Safety & Homeland Security Committee
HB 976 State records management; minimum retention periods for video recordings from law enforcement devices on or inside a vehicle; provide
Bill Summary: HB 976 establishes retention periods for video recordings captured by law enforcement through surveillance devices, body-worn devices, or devices on or inside a law enforcement vehicle. Recordings from surveillance devices shall be retained for 30 days from the date of such recording. Recordings from body-worn devices or devices located on or inside law enforcement vehicles shall be retained for 180 days from the date of such recording. If the recordings are part of a criminal investigation, show a vehicular accident, the arrest or detainment of an individual, or the officer's use of force, the recording shall be retained for 30 months. If the recording contains evidence anticipated to be necessary in pending litigation, it will be retained for 30 months. This new Code section does not require the destruction of such video recordings after the retention period.

Authored By: House Committee:

Rep. Bill Hitchens (161st) Public Safety & Homeland Security Committee
Action:

02-23-2016 Do Pass by Committee Substitute

HB 1060 Crimes and offenses; carrying and possession of firearms; confirm that the right of the people to keep and bear arms shall not be infringed
Bill Summary: HB 1060 is a clean up bill amending several Code sections dealing with Georgia carry licenses for new residents, authorized locations and persons for possession and carry, appeals processes, replacement licenses, definitions of leased government property and private property, carrying in a place of worship, rights of retired law enforcement officers to carry in certain locations, changes relating to exemptions, immunity for safety trainers and teachers who lawfully teach a course from recourse if former trainee is injured by their own failure to use a firearm properly.

Authored By: House

Rep. Rick Jasperse (11th) Public Safety & Homeland Security Committee
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02-23-2016 Do Pass by Committee

House of Representatives

Daily Report for February 23, 2016

Committee Actions

Committee:

Action:

Substitute

HB 1064 Public Safety, Department of; off-duty use of motor vehicles; revise provisions
Bill Summary: HB 1064 allows the commissioner of the Department of Public Safety to approve situations in which department vehicles may be used in off-duty work by off-duty officers in the Uniform Division, Motor Carrier Compliance Enforcement Section, and certified officers employed by the Capitol Police division.

Authored By: House Committee:

Rep. Bill Hitchens (161st) Public Safety & Homeland Security Committee
Action:

02-23-2016 Do Pass by Committee Substitute

Regulated Industries Committee
HB 498 Professions and businesses; professional counseling; revise definition
Bill Summary: HB 498 adds the ability to diagnose to the definition of professional counseling and amends provisions regarding psychologists.

Authored By: House Committee:

Rep. Lee Hawkins (27th) Regulated Industries

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 654

Tattoo studios; post notification that certain tattoos could disqualify wearer from military service; require
Bill Summary: HB 654 imposes signage requirements for tattoo parlors warning individuals that certain types of tattoos can preclude an individual from military service. Failure to post such sign results in a staggered fine which increases per violation.

Authored By: House Committee:

Rep. Sandra Scott (76th) Regulated Industries

Committee Action:

02-23-2016 Do Pass by Committee Substitute

HB 727

Fireworks; certain further regulations by counties and municipal corporations; provide
Bill Summary: HB 727 regulates where and when fireworks can be exploded. It is unlawful to explode fireworks within five yards of an overhead obstruction, across or into a public road. Fireworks may not be used in close proximity to electric plants, wastewater treatment plants, jails, prisons, hospitals, and nursing homes. It is unlawful to explode fireworks at public gatherings where the local fire department, or the state fire marshal determine that such conduct would be unreasonable. Also, it is unlawful, and punished as a misdemeanor, to explode fireworks while under the influence of drugs or alcohol. The governor or the director of the Environmental Protection Division may issue a declaration to prohibit the use of fireworks for a specific duration. The bill extends the times which fireworks may be exploded on January 1, July 3, July 4, and December 31. Moreover, the bill allows for fireworks to be exploded between the hours of 10am and 10pm, subject to local noise ordinances.

HB 727 allows for consumer fireworks to be sold from a temporary consumer retail sales facility so long as such facility is in compliance with the regulations provided in NFPA 1124, is within 1,000 feet of a fire hydrant, and the distributor is licensed to sell consumer fireworks. The licensing fee for a temporary consumer retail facility is $750 per location and is only valid on certain dates surrounding specific holidays previously mentioned. A local excise tax of 1% is imposed per item sold.

Authored By: House Committee:

Rep. Paul Battles (15th) Regulated Industries

Committee Action:

02-23-2016 Do Pass by Committee Substitute

Page 15 of 17

House of Representatives

Daily Report for February 23, 2016

Committee Actions

HB 889

Professions and businesses; funeral establishments and crematories; authorize certain advertisements related to crematories and cremation services
Bill Summary: HB 889 allows individuals who operate one or more funeral establishments, but only one crematory, to advertise crematory services on all forms of advertisements so long as such establishments are operated under the same name and are located within 40 miles from the crematory.

Authored By: House Committee:

Rep. E. Culver "Rusty" Kidd (145th)

Regulated Industries

Committee Action:

02-23-2016 Do Pass by Committee Substitute

Transportation Committee
HB 973 Public Safety, Department of; regulation of towing service providers operating on interstate highways; provisions
Bill Summary: House Bill 973 provides for an annual permit which allows towing service providers to operate on the interstate systems in Georgia. Permits are to be issued by the Department of Public Safety after the applicant has completed and operator safety course that meets or exceeds minimum standards recognized and adopted by the Towing and Recovery Incentive Program and has submitted the annual $85 permit fee.

Authored By: House Committee:

Rep. Christian Coomer (14th) Transportation

Committee Action:

02-23-2016 Do Pass by Committee Substitute

Page 16 of 17

House of Representatives

Daily Report for February 23, 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.

Wednesday, February 24, 2016 10:00 AM Floor Session (LD 27) House Chamber

7:30 AM 8:30 AM 9:00 AM 9:00 AM 1:00 PM 1:30 PM 2:00 PM 2:00 PM 3:00 PM 3:00 PM 3:00 PM 3:00 PM 3:00 PM

APPROPRIATIONS - FULL COMMITTEE 341 CAP Pak Sub Judiciary Non-Civil 606 CLOB RULES 341 CAP INTRAGOVERNMENTAL COORDINATION 403 CAP Resource Management Sub 415 CLOB JUDICIARY NON-CIVIL 132 CAP GOVERNMENTAL AFFAIRS 406 CLOB Efstration Sub Juvenile Justice 415 CLOB SPECIAL RULES 506 CLOB Fleming Sub Judiciary Non-Civil 415 CLOB EDUCATION 606 CLOB MOTOR VEHICLES 406 CLOB Energy Sub 515 CLOB

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