Georgia House of Representatives
DAILY REPORT 34th Legislative Day
Thursday, March 10, 2016
House Budget & Research Office (404) 656-5050
House Media Services (404) 656-0305
The House will reconvene for its 35th Legislative Day on Friday, March 11 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 6 bills / resolutions are expected to be debated on the floor.
Today on the Floor
Motions to Agree
HB 857 McDuffie County; homestead exemption for residents 70 years of age or older; provide
Bill Summary: A Bill to provide a homestead exemption from McDuffie County school district ad valorem taxes for educational purposes in the amount of half the assessed value of the homestead for residents of that school district who are 70 years of age or older and in the full amount of the assessed value of the homestead for residents of that school district who are 75 years of age or older.
Authored By: Rep. Barry Fleming (121st) Motions to Agree: (A motion to agree represents final passage of the bill.)
Motions to Disagree
HB 751 General appropriations; State Fiscal Year July 1, 2016 - June 30, 2017
Bill Summary: House Bill 751, the Fiscal Year 2017 budget, is set by a revenue estimate of $23.7 billion - an increase of $673.9 million, or 2.9%, over the Amended FY 2016 budget.
The bill and budget highlights may be found on the House Budget and Research Office website: http://www.house.ga.gov/budget/
Authored By: Rep. David Ralston (7th)
Rule Applied: Modified-Open
Motions to Disagree: (A motion to disagree sends the bill back to the Senate for consideration.)
Rules Calendar
SB 191 Blasting and Excavating Near Utility Facilities; prohibit local governing authorities from adopting ordinances
Bill Summary: SB 191, relating to blasting or excavating near utility facilities, prohibits local governing authorities from adopting or enforcing ordinances which mandate marking requirements or standards which are different from those contained in state law or the rules and regulations of certain departments of this state.
Authored By: Sen. Lindsey Tippins (37th)
House Committee: Energy, Utilities & Telecommunications
Floor Vote:
Yeas: 140 Nays: 9
Rule Applied: Committee Action:
Modified-Open 03-08-2016 Do Pass by Committee Substitute
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Daily Report for March 10, 2016
Today on the Floor
SB 290 Insurance; clarify those individuals not required to be licensed as insurance agent
Bill Summary: Senate Bill 290 clarifies that real estate attorneys do not have to be licensed as insurance agents.
Authored By: Sen. Charlie Bethel (54th) House Committee: Insurance
Floor Vote:
Yeas: 160 Nays: 0
Rule Applied: Committee Action:
Modified-Open 03-09-2016 Do Pass
SB 305
Health; Physician Orders for Life-Sustaining Treatment form; require department to provide certain notification prior to modification
Bill Summary: SB 305 requires the Department of Public Health to notify the chairpersons and members of the House and Senate Health and Human Services Committees at least 60 days before implementing changes to the Physician Orders for Life-Sustaining Treatment (POLST) form.
Authored By: Sen. Renee Unterman (45th) House Committee: Health & Human Services
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
Modified-Structured 03-08-2016 Do Pass
SB 309
Education; high school that receive state funding cannot participate in athletic association which prohibits religious expression on clothing of student athletes
Bill Summary: SB 309 requires that high schools which receive state funding cannot participate in an athletic association which prohibits religious expression on athletic clothing. This bill also de facto prevents the high school athletic association from prohibiting member schools from participating in scrimmage games with non-member schools.
Authored By: Sen. Burt Jones (25th) House Committee: Education
Floor Vote:
Yeas: 123 Nays: 34
Rule Applied: Committee Action:
Modified-Open 03-02-2016 Do Pass
Postponed Until Next Legislative Day
SB 158 "Consumer and Provider Protection Act"; provide certain consumer and provider protections regarding health insurance
Bill Summary: Senate Bill 158 provides a regulatory framework for rental preferred provider networks including registration requirements, contract provisions and exemptions.
Authored By: Sen. Dean Burke (11th)
Rule Applied: Modified-Open
SB 343
Decatur, City of; provide for homestead exemption; independent school district; educational purposes
Bill Summary: This bill provides a homestead exemption from City of Decatur independent school district ad valorem taxes for educational purposes for five years in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older.
Authored By: Sen. Elena Parent (42nd)
Rule Applied:
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Today on the Floor
Local Calendar
HB 1003 Cobb County-Marietta Water Authority; membership and terms of office of members; change provisions
Bill Summary: A Bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to change provisions relating to the membership and terms of office of members of the authority.
Authored By: Rep. Earl Ehrhart (36th)
House Committee: Intragovernmental Coordination -
Local
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
03-09-2016 Do Pass
HB 1110 Roberta-Crawford County; unified government; provide Bill Summary: A Bill to provide for the unified government of Roberta-Crawford County.
Authored By: Rep. Robert Dickey (140th)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
03-09-2016 Do Pass by Committee Substitute
HB 1113 Greene County; certain officials; clarify the qualifications for participating in health insurance
Bill Summary: HB 1113 provides that certain officials of Greene County, who have served at least 15 years in office, may participate in the county health insurance program for themselves and their dependents after their active service by paying the total cost of such participation.
Authored By: Rep. Trey Rhodes (120th)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
03-09-2016 Do Pass
HB 1114 Brunswick-Glynn County Joint Water and Sewer Commission; provide immunity and exemption from liability
Bill Summary: A Bill to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission.
Authored By: Rep. J. B. Jones (167th)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
03-09-2016 Do Pass
HB 1115 DeKalb County; Magistrate Court; provisions
Bill Summary: A Bill to make provisions for the Magistrate Court of DeKalb County, so as to allow for service of a citation for or accusation of a violation of an ordinance concerning the condition of real property.
Authored By: Rep. Michelle Henson (86th)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
03-09-2016 Do Pass
HB 1116 DeKalb County; State Court; provide for the payment of costs
Bill Summary: A Bill to amend an Act creating the State Court of DeKalb County, so as to provide for the payment of costs in such court.
Authored By: Rep. Mary Oliver (82nd)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
03-09-2016 Do Pass
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Today on the Floor
SB 412
Hancock County; board of elections and registration; change the manner of appointment of the board
Bill Summary: A Bill to create a Board of Elections and Registration for Hancock County and to provide for its powers and duties, so as to change the manner of appointment of the board.
Authored By: Sen. David Lucas (26th)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 162 Nays: 0
Rule Applied: Committee Action:
03-09-2016 Do Pass
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Next on the Floor
Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 35th Legislative Day, Friday, March 11, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on
Friday, March 11, at 9:00 a.m., to set the Rules Calendar for the 36th Legislative Day.
SB 137
Property Insurance; expand the ownership restriction; value of the property covered against loss by fire
Bill Summary: Senate Bill 137 amends provisions for policies only covering fire loss so that a "policy owner" includes any legal entity owned by one or more individuals and not just individuals themselves.
Authored By: Sen. Marty Harbin (16th) House Committee: Insurance
Rule Applied: Committee Action:
Modified-Structured 03-09-2016 Do Pass
SB 273
Clinical Laboratories; provide certain nondiagnostic laboratories not subject to state licensure as clinical laboratory
Bill Summary: SB 273 excludes laboratories, which are non-diagnostic only and regulated pursuant to the federal Clinical Laboratory Improvement Amendments, from the definition of "clinical laboratory". These non-diagnostic labs examine human blood or blood components intended for use as a source material for the manufacture of biological products, whereas diagnostic labs examine blood for medical purposes such as recommendation of treatment of any disease.
Authored By: Sen. Dean Burke (11th) House Committee: Health & Human Services
Rule Applied: Committee Action:
Modified-Open 03-08-2016 Do Pass
SB 277
"Protecting Georgia Small Business Act"; neither a franchisee/franchisee's employee shall be deemed employee of franchisor
Bill Summary: Senate Bill 277 is titled the 'Protecting Georgia Small Business Act'. It provides that neither a franchisee nor a franchisee's employee is an employee of the franchisor for any purpose.
Authored By: Sen. John Albers (56th) House Committee: Industry and Labor
Rule Applied: Committee Action:
Modified-Open 03-08-2016 Do Pass
SB 279
Georgia Peace Officer Standards and Training Council; include Commissioners of Juvenile Justice/Natural Resources as voting members
Bill Summary: Senate bill 279 adds two voting members to the Georgia Peace Officers Standards and Training Council to bring the number of voting members to 22. The two additional members are the commissioner of juvenile justice or his designee and the commissioner of natural resources or his designee.
Authored By:
Sen. Tyler Harper (7th)
Rule Applied:
House Committee: Public Safety & Homeland Security Committee
Action:
Modified-Open 03-08-2016 Do Pass
SB 308
Positive Alternatives for Pregnancy and Parenting Grant Program; establish; definitions; administration and duties
Bill Summary: SB 308 creates the Positive Alternatives for Pregnancy and Parenting Grant Program within the Georgia Department of Public Health (DPH). The purpose of this grant program is to promote healthy pregnancies and childbirth by awarding grants to non-profit organizations that provide pregnancy support services. DPH will oversee the program and execute a legal contract with a contract management agency ("agency") to administer the program. The agency will be responsible for creating a grant application process, monitoring compliance, and coordinating correspondence between DPH and direct client service providers ("providers").
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Daily Report for March 10, 2016
Next on the Floor
The grant program will fund these eight services: (1) medical care and information (such as pregnancy tests, STI tests, health screenings, ultrasounds, prenatal care, and birth classes); (2) nutritional services and education; (3) housing, education, and employment assistance; (4) adoption education, planning, and services; (5) child care assistance; (6) parenting education and support services for up to one year after the birth of the child; (7) material items such cribs, car seats, formula, etc.; and (8) information regarding health care benefits. Grants will be awarded annually on competitive basis to providers that display competent experience in providing the eight grant-funded services above. DPH will determine the maximum grant amount awarded to each provider. Grants cannot exceed 85 percent of such provider's annual revenue for the prior year.
Further, the bill requires each provider to maintain accurate records and report data to the agency on an annual basis. Reports must include the number of clients who utilized pregnancy support services; are pregnant; chose childbirth after receiving pregnancy support services; chose adoption after receiving pregnancy support services; and chose abortion after receiving pregnancy support services.
All information collected under the grant program must remain confidential by DPH, the agency, and providers in accordance with federal and state laws on privacy and medical records (including HIPAA). Annual audits of each provider must be conducted by an independent certified public accountant within 120 days of completing a fiscal year.
Authored By:
Sen. Renee Unterman (45th)
House Committee: Health & Human Services
Rule Applied: Committee Action:
Structured 03-08-2016 Do Pass by Committee Substitute
SB 347
'Georgia Captive Insurance Company Act'; provide extensive changes; provisions
Bill Summary: Senate Bill 347 allows an insurance agency as a re-insurer on policies written by that agency. This is part of the ongoing modernization process by the Department of Insurance for Georgia's captive insurance statutes.
Authored By:
Sen. Charlie Bethel (54th)
House Committee: Insurance
Rule Applied: Committee Action:
Modified-Open 03-09-2016 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.
Health & Human Services Committee
HR 1382 Community Health, Department of; create and seek the counsel of a State Health Benefit Plan Customer Advisory Council; encourage
Bill Summary: HR 1382 encourages the Department of Community Health to create and seek the counsel of a State Health Benefit Plan Customer Advisory Council.
Authored By: House Committee:
Rep. Debbie Buckner (137th) Health & Human Services
Committee Action:
03-10-2016 Do Pass
SB 114
Advanced Practice Registered Nurses; number of advanced practice registered nurses a delegating physician enter a protocol agreement; provisions
Bill Summary: SB 114 exempts emergency medical services systems operated by counties or municipalities with a full-time medical director from the requirements of nurse protocol agreements.
Authored By: House Committee:
Sen. Chuck Hufstetler (52nd) Health & Human Services
Committee Action:
03-10-2016 Do Pass by Committee Substitute
SB 230
'Uniform Emergency Volunteer Health Practitioners Act'; enactment
Bill Summary: SB 230 establishes the Uniform Emergency Volunteer Health Practitioners Act. In the event of a natural disaster or when an emergency declaration is in effect, this bill allows the Governor to utilize volunteer health practitioners who are not residents of this state but are employed by a disaster relief organization providing services in this state. The Governor has discretion to define the length, scope, and geographical areas in which these volunteer health practitioners may work. The Department of Public Health is required to maintain a registry system that has the ability to accept applications from volunteer health practitioners and monitor and confirm the licensure and good standing of such applicants.
Authored By: House Committee:
Sen. Chuck Hufstetler (52nd) Health & Human Services
Committee Action:
03-10-2016 Do Pass
SB 271
Mental Health; provide reasonable standards for providing patients notice; admission to an emergency receiving facility
Bill Summary: SB 271 improves the administrative processes occurring within certain mental health facilities. The bill allows additional time during which an emergency receiving facility must notify a person of his right to petition for a writ of habeas corpus, or file for a protective order in event the person's condition or mental state renders him incapable of fully understanding his right at the time of arrival. Additionally, current law allows courts to order up to six months of involuntary treatment for certain individuals. In the event that continued involuntary treatment is recommended, the recommendation must be reviewed by the Committee for Continued Involuntary Treatment Review. Finally, the bill proposes a process that if within 40 days of the expiration of the authorized treatment period a person is deemed unsafe for discharge, the chief medical officer of a facility may execute a certificate to be filed with a petition for continued involuntary treatment.
Authored By: House Committee:
Sen. Dean Burke (11th) Health & Human Services
Committee Action:
03-10-2016 Do Pass
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Committee Actions
SB 314
Nurses; advanced nursing practices; revise certain provisions; provide for changes to roles and definitions
Bill Summary: SB 314 allows for the licensure of advanced practice registered nurses. Advanced practice registered nurses must complete a written application; pay the required fee; be currently licensed as a registered professional nurse; complete the appropriate graduate or post-graduate level program; be certified by a national certifying body; and pass a background check.
Authored By: House Committee:
Sen. Renee Unterman (45th) Health & Human Services
Committee Action:
03-10-2016 Do Pass by Committee Substitute
SB 337
Medical Assistance; require Department of Human Services to provide certain dependents of military service member; eligibility
Bill Summary: SB 337 provides a qualified dependent of an active duty military service member, maintaining their legal residence in Georgia, the right to apply for and retain earned priority for medical assistance or developmental disability services despite a temporary change of residence outside of the state due to the service member's military.
Authored By: House Committee:
Sen. Larry Walker III (20th) Health & Human Services
Committee Action:
03-10-2016 Do Pass by Committee Substitute
Intragovernmental Coordination - Local Committee
HB 1106 Sugar Hill, City of; municipal property ownership; change provisions
Bill Summary: A Bill to create a new charter for the City of Sugar Hill, so as to change provisions relating to municipal property ownership.
Authored By: House Committee:
Rep. David Clark (98th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1117 Downtown Athens Development Authority; Downtown Athens Area; define and create
Bill Summary: A Bill to amend an Act creating the Downtown Athens Development Authority, to define and create the Downtown Athens Areal.
Authored By: House Committee:
Rep. Regina Quick (117th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1118 Washington County Hospital Authority; filling of vacancies; provide
Bill Summary: A Bill to provide for the filling of vacancies on the Washington County Hospital Authority.
Authored By: House Committee:
Rep. Mack Jackson (128th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1119 Chatham County; elected county surveyor; abolish the office Bill Summary: A Bill to abolish the office of elected county surveyor of Chatham County.
Authored By: House Committee:
Rep. Jesse Petrea (166th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
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HB 1120 Screven County; Board of Commissioners; levy an excise tax
Bill Summary: A Bill to authorize the governing authority of the Board of Commissioners of Screven County to levy a hotel/motel tax.
Authored By: House Committee:
Rep. Jon Burns (159th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1121 Hamilton, City of; resident of the city to being domiciled in such city; change provisions Bill Summary: A Bill to provide a new charter for the City of Hamilton.
Authored By: House Committee:
Rep. John Pezold (133rd) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1122 Oglethorpe County; board of elections and registration; create
Bill Summary: A Bill to create a Board of Elections and Registration for Oglethorpe County, to provide for its powers and duties.
Authored By: House Committee:
Rep. Trey Rhodes (120th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1123 Warner Robins, City of; levy an excise tax
Bill Summary: A Bill to authorize the governing authority of the City of Warner Robins to levy a hotel/motel tax.
Authored By: House Committee:
Rep. Shaw Blackmon (146th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1124 Ocilla-Irwin County Industrial Development Authority; reconstitute
Bill Summary: A Bill to reconstitute the Ocilla-Irwin County Industrial Development Authority, to provide for powers, authority, funds, purposes, and procedures connected therewith.
Authored By: House Committee:
Rep. Clay Pirkle (155th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1125 Surrency, City of; provide new charter Bill Summary: A Bill to provide a new charter for the City of Surrency.
Authored By: House Committee:
Rep. Greg Morris (156th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1126 Graham, City of; provide new charter Bill Summary: A Bill to provide a new charter for the City of Graham.
Authored By: House Committee:
Rep. Greg Morris (156th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
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Committee Actions
HB 1127 City of Vidalia Convention and Visitor's Bureau Authority; create
Bill Summary: A Bill to create the City of Vidalia Convention and Visitor's Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation.
Authored By: House Committee:
Rep. Greg Morris (156th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
HB 1128 Chattahoochee County; Board of Education; reconstitute
Bill Summary: A Bill to reconstitute the Chattahoochee County Board of Education with staggered terms and nonpartisan election for members.
Authored By: House Committee:
Rep. Mike Cheokas (138th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
SB 419 State Court of Wayne County; change the salary of the judge and solicitor
Bill Summary: A Bill to amend an Act establishing the State Court of Wayne County, so as to change the salary of the judge and solicitor.
Authored By: House Committee:
Sen. Tommie Williams (19th) Intragovernmental Coordination Local
Committee Action:
03-10-2016 Do Pass
Judiciary Committee
SB 183 Animals; provide for liability protection for certain activities related to livestock; limitations
Bill Summary: This bill adds livestock activities to the Code section on inherent risks associated with equine and llama activities. An inherent risk under the bill is expanded to state "animal activities", rather than equine and llama activities. Furthermore, livestock is defined, along with livestock activity and who the participants and entities of the livestock activity are. There is a new warning statement and requirements for that warning notice that shall be placed and maintained by the livestock activity entity as described in the bill. Minimum requirements as to where the sign is placed and every contract between the livestock activity entity and participants shall contain the warning notice. The warning notifies the participant that the livestock activity entity is not liable for injuries resulting from the inherent risks of the activity.
Authored By: House Committee:
Sen. John Wilkinson (50th) Judiciary
Committee Action:
03-10-2016 Do Pass by Committee Substitute
SB 206
Counties and Municipal Corporations; revise provisions relating to water liens; procedures
Bill Summary: The legislation revises provisions relating to the prohibition of a water supplier's option to disconnect water service to premises because of the indebtedness of a prior owner, occupant, or lessee. The bill provides a procedure to obtain information regarding moneys owed for water supplied to certain real property under certain circumstances. SB 206 exempts any property from the refusal to supply water because of the indebtedness of the prior occupant. A new section is added to current law setting forth that any property owner or tenant, person executing a contract for the purchase or occupancy of property, attorney closing a real estate transaction, or lender considering the loan of funds to be secured by real property shall have the right to request a statement from the water supplier setting forth the amount of any outstanding water charges along with any late fees with interest. Such a request must be: made in writing, state the address of the property, and delivered to the billing address of the water supplier by certified mail, return receipt, courier service, or electronic means if supported by the provider, as well as state a return address for payment of moneys owed. Requests made via electronic communication are presumed to be
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Committee Actions
received the following business day. The water supplier must furnish back to the entity making the request a statement using the same mailing methods and may charge a fee not to exceed $10.00 for the requested information. Failure of the water supplier to provide the statement within 10 business days after receipt will extinguish any liens or unpaid charges and prevent the water supplier from denying water services to the new property owner or tenant. The statement furnished by the water supplier will be binding upon the supplier for 30 days; and, if full payment is tendered within the 30day period, any lien will be extinguished by operation of law. Additionally, there is a provision that exempts associations that supply water under certain conditions.
Authored By: House Committee:
Sen. William Ligon, Jr. (3rd) Judiciary
Committee Action:
03-10-2016 Do Pass by Committee Substitute
SB 269
Counties; require local governing bodies; provide certain entities with certification of compliance with Code section; condition of funding
Bill Summary: SB 269 requires local governments to submit proof of compliance and a certification pursuant to the Annual Immigration Compliance Report before funding is received from state agencies. Furthermore, it makes certification of compliance a requirement of the annual 'Immigration Compliance Act'.
Authored By: House Committee:
Sen. Jesse Stone (23rd) Judiciary
Committee Action:
03-10-2016 Do Pass
SB 275
Local Government; governing body shall not adopt policy that has effect of preventing free exercise of the right of freedom of speech by the members
Bill Summary: A local board of education shall not prevent the board members from discussing the policies and actions of the board outside of a board meeting unless it is an "executive session" that as defined in statute is lawfully closed to the public.
Authored By: House Committee:
Sen. Michael Williams (27th) Judiciary
Committee Action:
03-10-2016 Do Pass by Committee Substitute
SB 333
NonProfit Corporations; allow for a nonprofit corporation organized in foreign jurisdiction to change its jurisdiction of organization to this state
Bill Summary: SB 333 amends code sections relating to nonprofit corporations by adding a new article which provides the requirements that must be met by which a nonprofit foreign corporation may become a Georgia nonprofit corporation and a nonprofit Georgia corporation may become a nonprofit foreign corporation. Such requirements include filing a certificate of conversion with the Secretary of State in writing, but are not all identical in procedure.
For a nonprofit corporation to move from a foreign jurisdiction to this state, the corporation must elect to become such a corporation as required under the applicable law or the governing documents of the electing foreign corporation, and file such election in writing with the Secretary of State and with the office of the clerk of the superior court of the county where any property owned by the corporation is located. Once the change of jurisdictions has taken place, the articles of incorporation filed with the certificate of conversion in this jurisdiction will become the governing documents with the old documents having no force or effect. The resulting corporation, after conversion to this jurisdiction, will retain all of the rights, franchises, property, debts due, among others, as the former converting foreign corporation.
For a nonprofit corporation to move from this state to a foreign jurisdiction, the corporation must file a certificate of conversion with the Secretary of State in writing. The certificate of conversion must be approved by the board of the corporation and any members with voting rights. If the adoption of the certificate of conversion is to take place at a membership meeting or through written
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ballot or electronic certification, notice must be given to all members that the corporation intends to convert as well as the identification of any adverse changes to the rights of members that would result from the conversion and a copy of all of the governing documents of the corporation. If the corporation does not have members or members with voting rights, then, unless otherwise provided for in the corporation's articles or bylaws, the certificate of conversion shall be approved by a majority of the directors in the office at the time the certificate is adopted. Further, written notice must be given to the Attorney General with a copy of the governing documents. The conversion can be abandoned at any time before it has become effective unless the certificate of conversion provides otherwise. The corporation wishing to move to a foreign jurisdiction will file with the new jurisdiction's Secretary of State and superior court clerk and will retain all rights, franchise, property, debts due, among others, as outlined above. Upon the conversion becoming effective, the corporation is deemed to appoint the Secretary of State as its agent for service of process in any proceeding to enforce any of its obligations arising prior to the effective date of the conversion. Process shall also be served upon the chief executive officer, chief financial officer, or secretary (or a person holding a comparable position to those listed) of the resulting foreign corporation. The resulting foreign corporation will still be responsible for all of the liabilities and obligations of the converting corporation and will be prosecuted for any existing or pending action as if the conversion had not become effective.
Authored By: House Committee:
Sen. John Kennedy (18th) Judiciary
Committee Action:
03-10-2016 Do Pass by Committee Substitute
SB 356
Animals; provide definition of term "owner"; impoundment of animals for any violation; caring for an impounded animal
Bill Summary: SB 356 amends Title 4, relating to animals, so as to provide a definition for the term "owner", to provide for impoundment and the caring of an impounded animal, to modify provisions for getting an impounded animal back to its owner, disposing of an impounded animal, and to create a process for petition to recoup expenses of impoundment.
Additionally, section 4-11-9.3 is amended to add Code sections 16-12-4 (Cruelty to animals) and 1612-37 (Dogfighting) relating to the duty any person impounding an animal has to make reasonable and proper arrangements for the humane care of impounded animals. Any person providing care for the impounded animal shall have a lien on such animal and such liens may be foreclosed on in the magistrate courts of proper jurisdiction. Under this bill any person impounding the animal shall be authorized to return the animal to the owner once all fees and costs have been paid, unless that owner has been convicted of dog fighting or animal cruelty.
The government agency in custody of an impounded animal may dispose of the animal in its custody where the animal is not permitted to be returned to the owner or when the owner relinquishes ownership. Additionally, now, an agency impounding one or more animals for cruelty to animals or dogfighting may petition the court of competent jurisdiction to hear civil cases requesting that the owner of such animal pay to the registry or such court funds an amount sufficient to cover all costs associated with the care of the impounded animal. Further, this bill provides a schedule and process for notifying the owner and the court of the proceedings related to the impounding of the animal and all associated costs.
Authored By: House Committee:
Sen. Michael Williams (27th) Judiciary
Committee Action:
03-10-2016 Do Pass
Natural Resources & Environment Committee
HR 1343 United States Environmental Protection Agency; withdraw the proposed Waters of the United States Clean Water Plan rule; encourage
Bill Summary: HR 1343 encourages the United States Environmental Protection Agency to immediately withdraw the proposed Waters of the United States Clean Water Plan rule, supports the
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comments on the Clean Water Plan rule submitted to the Environmental Protection Agency by the State of Georgia, urges Congress and the President to enact legislation to prohibit the Clean Water Plan rule from taking effect unless and until any and all legal challenges to the Clean Water Plan rule have been fully resolved and no appeals remain, and supports the Joint Resolution resolved by Congress on January 4, 2016: "That Congress disapproves the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to "Clean Water Rule: Definition of 'Waters of the United States' (80 Fed. Reg. 37054; June 29, 2015), and such rule shall have no force or effect."
Authored By: House Committee:
Rep. Tom McCall (33rd) Natural Resources & Environment Committee
Action:
03-10-2016 Do Pass by Committee Substitute
SR 730
Coastal Regional Commission; encourage to support implementation of the Coastal Georgia Greenway
Bill Summary: SR 730 encourages the Coastal Regional Commission to create a comprehensive plan for and oversee the implementation of the Coastal Georgia Greenway and to create and file an annual report with the General Assembly detailing its progress. The resolution also encourages the General Assembly, state governmental authorities, the Coastal Georgia Commission, the Department of Transportation, and the Department of Natural Resources to identify and utilize all available sources of funding.
Authored By: House Committee:
Sen. William Ligon, Jr. (3rd) Natural Resources & Environment Committee
Action:
03-10-2016 Do Pass
Regulated Industries Committee
SB 402 Drug Abuse Treatment and Education Programs; provide for a moratorium on the issuance of new licenses to narcotic treatment programs
Bill Summary: SB 402 imposes a temporary moratorium on the acceptance of new applications for licensure of narcotic treatment programs in Georgia until June 30, 2017. Moreover, the bill creates the State Commission on Narcotic Treatment Programs, which is comprised of three members of the House appointed by the Speaker of the House, three members of the Senate appointed by the President of the Senate, and five members appointed by the Governor. The Commission is tasked with studying multiple aspects of current narcotic treatment programs in Georgia, and to determine if legislative changes need to be made to licensure requirements of said treatment programs, or if any other changes to the law are required to address concerns that arise out of the Commission's study.
Authored By: House Committee:
Sen. Jeff Mullis (53rd) Regulated Industries
Committee Action:
03-10-2016 Do Pass by Committee Substitute
State Properties Committee
SR 954 Public Property; granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads; 16 counties
Bill Summary: SR 954 authorizes the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in the counties of Bartow, Bulloch, Carroll, Chatham, Columbia, Coweta, DeKalb, Emanuel, Gordon, Henry, Marion, Murray, Paulding, Sumter, Ware, and Whitfield.
Article 1 grants an easement to Georgia Power Company and assigns over approximately 1.7 acres under the custody of the Technical College System of Georgia for the construction, installation, operation and maintenance of underground distribution lines and associated equipment to serve the
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House of Representatives
Daily Report for March 10, 2016
Committee Actions
new Natural Resources Building (TCSG-269) at Ogeechee Technical College in Bulloch County for $10.
Article 2 grants an easement to Georgia Power Company and assigns over approximately 3.256 acres under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of underground distribution lines and associated equipment to serve structures at University of Georgia at the Wormsloe Historic Site in Chatham County for $10.
Article 3 grants an easement to Georgia Power Company and assigns over approximately 0.1 of an acre under the custody of the Technical College System of Georgia for the construction, installation, operation and maintenance of underground distribution lines and associated equipment to serve an outdoor electronic sign at Augusta Technical College in Columbia County for $10.
Article 4 grants an easement to Georgia Power Company and assigns over approximately 0.04 of an acre under the custody of the Georgia Department of Defense for the construction, installation, operation and maintenance of underground distribution lines and associated equipment to serve the new facilities at Decatur Armory in Dekalb County for $10.
Article 5 grants an easement to Excelsior Electrical Membership Corporation and assigns over approximately 0.16 of an acre under the custody of the Georgia Department of Natural Resources for the construction, installation, operation and maintenance of distribution lines and associated equipment to serve new Group Shelters at George L. Smith State Park in Emanuel County for $10.
Article 6 grants an easement to the Georgia Department of Transportation and assigns over approximately 0.12 of an acre over Western and Atlantic Railroad property under the custody of the State Properties Commission for a road widening project and the construction and maintenance of a bridge on the South Calhoun Bypass from SR53 at CR13 East to SR53 at CR64 in Gordon County for $10.
Article 7 grants an easement to Snapping Shoals Electrical Membership Corporation and assigns over approximately 1.51 acres under the custody of the Technical College System of Georgia for the construction, installation, operation and maintenance of underground distribution lines and associated equipment to serve the new Henry County Campus (TCSG-248) of Southern Crescent Technical College for $10.
Article 8 grants an easement to Flint Electrical Membership Corporation (Flint Energies) and assigns over approximately 0.03 of an acre under the custody of the Georgia Department of Natural Resources for the construction, installation, operation and maintenance of underground distribution lines and associated equipment to serve a new building at Chattahoochee Fall Line Wildlife Management Area in Marion County for $10.
Article 9 grants an easement to the Georgia Department of Transportation and assigns over approximately 0.25 of an acre under the custody of the Technical College System of Georgia for the construction of storm water drainage system and road improvement project at South Georgia Technical College in Sumter County for $7,000.
Article 10 grants an easement to Georgia Power Company and assigns over approximately 0.3 of an acre under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of underground distribution lines and associated equipment to serve six new cabins at Laura S. Walker State Park in Ware County for $10.
Article 11 grants an easement to Sabal Trail Transmission, LLC (Sabal) and assigns over approximately 0.03 of an acre under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of a natural gas pipeline, associated equipment and facilities under navigable waters of the State of Georgia in Brooks, Colquitt, Dougherty, Lowndes, and Stewart Counties for fair market value but not less than $650.
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Committee Actions
Article 12 grants the following easements:
An easement to Transcontinental Gas Pipe Line Company (Transco) and assigns over approximately 0.69 of an acre under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of a natural gas pipeline, associated equipment under and over land and navigable waters of the State of Georgia in Bartow County for fair market value but not less than $650;
An easement to Transcontinental Gas Pipe Line Company (Transco) and assigns over approximately 0.33 of an acre under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of a natural gas pipeline, associated equipment under and over land and navigable waters of the State of Georgia in Carroll and Coweta Counties for fair market value but not less than $650;
An easement to Transcontinental Gas Pipe Line Company (Transco) and assigns over approximately 0.22 of an acre under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of a natural gas pipeline, associated equipment under and over land and navigable waters of the State of Georgia in Gordon County for fair market value but not less than $650;
An easement to Transcontinental Gas Pipe Line Company (Transco) and assigns over approximately 0.26 of an acre under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of a natural gas pipeline, associated equipment under and over land and navigable waters of the State of Georgia in Murray County for fair market value but not less than $650;
An easement to Transcontinental Gas Pipe Line Company (Transco) and assigns over approximately 1.1 of an acre under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of a natural gas pipeline, associated equipment under and over land and navigable waters of the State of Georgia in Murray and Whitefield Counties for fair market value but not less than $650; and
An easement to Transcontinental Gas Pipe Line Company (Transco) or its successors and assigns over approximately 10.47 acres under the custody of the Department of Natural Resources for the construction, installation, operation and maintenance of a natural gas pipeline, associated equipment under and over land and navigable waters of the State of Georgia in Paulding County for fair market value but not less than $650.
Authored By: House Committee:
Sen. Rick Jeffares (17th) State Properties
Committee Action:
03-10-2016 Do Pass by Committee Substitute
Ways & Means Committee
SB 350 Taxation on Consumer Fireworks; dedicate moneys collected; trauma care, fire services, and local public safety purposes
Bill Summary: This legislation is the enabling legislation for SR 558, which is a constitutional amendment to provide that the existing excise tax on fireworks shall be specifically dedicated to the provision of trauma care, fire services, and local public safety purposes.
SB 350 provides that 55 percent of revenues collected from the excise tax shall go to the Georgia Trauma Care Network Commission; 40 percent shall go to the Georgia Firefighter Standards and Training Commission for the purposes of implementing a grant program to improve the equipping and training of firefighters and the rating of fire departments by the Insurance Services Office; and 5 percent shall be provided to local governments to be used solely for public safety purposes consisting of the operation of 9-1-1 systems. The 9-1-1 revenues shall be distributed as a part of the existing 9-1-1 distribution made on or before October 15 of each year to such local governments.
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Committee Actions
Authored By: House Committee:
Sen. Jeff Mullis (53rd) Ways & Means
Committee Action:
03-10-2016 Do Pass by Committee Substitute
SR 558
General Assembly; proceeds of excise taxes on sale of fireworks; funding of trauma care -CA
Bill Summary: SR 558 is a constitutional amendment to provide that the existing excise tax on fireworks shall be specifically dedicated to the provision of trauma care, fire services, and local public safety purposes. SR 558 is accompanied by SB 350, the enabling legislation, which allocates revenues collected.
Authored By: House Committee:
Sen. Jeff Mullis (53rd) Ways & Means
Committee Action:
03-10-2016 Do Pass by Committee Substitute
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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.
Friday, March 11, 2016 10:00 AM Floor Session (LD 35) House Chamber 8:00 AM Fleming Sub Judiciary Civil 132 CAP 8:30 AM EDUCATION 606 CLOB 8:30 AM W&M Ad Valorem Tax Sub 133 CAP 9:00 AM RULES 341 CAP
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