Daily report [Jan. 31, 2017]

House of Representatives

Daily Report for January 31, 2017

Next on the Floor

DAILY REPORT Tuesday
January 31, 2017

10th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 11th Legislative Day on Wednesday, February 1 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. Two bills / resolutions are expected to be debated on the Floor.

No legislative action was taken.

Today on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 11th Legislative Day, Wednesday, February 1, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Wednesday,
February 1, at 9:00 a.m., to set the Rules Calendar for the 12th Legislative Day.

HB 38

Motor vehicles; issuance of a noncommercial Class C and Class M driver's license; provide
Bill Summary: House Bill 38 clarifies the law as it relates to the class of driver's license required for three-wheel motor vehicles. It provides that operators of three-wheel motor vehicles, which are controlled by a steering wheel rather than handlebars, are required to obtain a standard Class C license and not a Class M (motorcycle) license.

Authored By: Rep. Alan Powell (32nd) House Committee: Motor Vehicles

Rule Applied: Committee Action:

Modified-Open 01-26-2017 Do Pass

HB 49

Livestock dealers and auctions; license and surety requirements; update
Bill Summary: HB 49 revises language pertaining to livestock dealers and auctions. Specifically, it updates license and surety requirements of livestock dealers and livestock market operators to allow the Georgia Department of Agriculture to charge an annual fee of $25 for livestock dealers and livestock order buyers, as well as a triennial fee for livestock markets based on the surety required, but not to exceed $200. The bill maintains current penalties and exemptions for who must register as a dealer. Georgia 4-H Clubs and Georgia Future Farmers of America chapters are not required to procure surety.

Authored By:

Rep. Clay Pirkle (155th)

House Committee: Agriculture & Consumer Affairs

Rule Applied: Committee Action:

Modified-Open 01-25-2017 Do Pass

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House of Representatives

Daily Report for January 31, 2017

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 154 Dental hygienists; perform certain functions under general supervision; authorize
Bill Summary: HB 154 authorizes licensed dental hygienists to perform application of sealants, oral prophylaxis, fluoride treatment, oral hygiene education, processing of radiographs, and any protocols regarding urgent dental issues that arise under the general supervision of the authorizing licensed dentist.

Licensed dental hygienists shall perform their duties only if a licensed dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedure and remains in the dental office or treatment facility while the procedure is being performed by the dental hygienist, and before dismissal of the patient.

No licensed dental hygienist shall diagnose, prescribe, determine the initial dosage, or increase the initial dosage of nitrous oxide, practice dentistry, or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the surfaces of the teeth and practices that are prescribed by rule or regulation.

The requirement of direct supervision shall not apply to the educational training of dental hygiene students at an institution approved by the board and the Commission on Dental Accreditation of the American Dental Association, or its successor agency, when such instruction is carried out under such degree of supervision by a licensed dentist. Direct supervision shall not apply to the performance of dental hygiene duties at approved dental facilities of the Department of Public Health, county boards of health, or the Department of Corrections or the performance of dental hygiene duties by personnel of the Department of Public Health or county boards of health at approved offsite locations.

Dental screenings in schools, volunteer community health settings, senior centers, family violence shelters hospitals, clinics, state, county, local and federal public health programs will not require direct supervision.

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

Committee Action:

01-31-2017 Do Pass by Committee Substitute

Judiciary Committee
HB 1 Georgia Space Flight Act; enact
Bill Summary: This legislation adds new chapters to Title 51, related to torts, to provide a limited waiver of liability for persons who agree to participate in space flight activities and space flight operations provided such persons sign a written waiver agreeing to those limitations. The bill provides the warning and written agreement that the flight participant shall sign, and it provides a list of what makes the warning and written agreement effective and enforceable. This limit on liability does not cover injuries caused by gross negligence (acting carelessly) for the safety of the participant or intentional injury. Liability is also not limited for: any other person who is not a participant of a space flight who has not signed such a waiver; for breach of contract for the use of real property by a space flight entity; or for an action by the federal government, the State of Georgia, or any state agency to enforce a valid statute or rule or regulation. All space flight lawsuits that occur in Georgia shall be brought in Georgia.

Authored By: Rep. Jason Spencer (180th) House Committee: Judiciary

Committee Action:

01-31-2017 Do Pass by Committee Substitute

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House of Representatives

Daily Report for January 31, 2017

Committee Actions

HB 14

Courts; sheriff to collect and deposit certain fees; provide
Bill Summary: House Bill 14 specifies that all fees collected by Georgia sheriffs who are paid on a salary basis are to be remitted within 30 days to the county treasurer or fiscal officer.

Authored By: Rep. J. B. Jones (167th) House Committee: Judiciary

Committee Action:

01-31-2017 Do Pass

HB 75

Social services; certain records from disclosure; exclude
Bill Summary: This bill amends Code sections relating access to open records. Currently, any record of law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records may be partially or entirely redacted. This bill allows the same redactions of any record of the Department of Human Services or governmental child protective agency that includes information provided by law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records.

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

Committee Action:

01-31-2017 Do Pass

HB 76

Superior courts; change certain requirements and certifications for certain maps, plats, and plans for filing with clerk; provisions
Bill Summary: House Bill 76 amends requirements and certifications for certain maps, plats, and plans to be filed in Superior Court with the clerk of the court. Each map or plat page image shall have certain required information that complies with the minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors. The submission shall also include the county where the property lies; the name of the property owner or owners as stated on the most current or applicable title instrument; type of plat; the subdivision where it lies or is being created; the contact information for the land surveyor; a certificate from the land surveyor that the plan meets the current specifications for filing with the clerk of the court, and other relevant information. The image attached in the filing information box must be no less than a three-inch square. Further, the bill provides that all the images shall be an electronic image, which is certified and presented to the clerk in conformance with all specifications set forth in any rules and regulations promulgated by the Georgia Superior Court Clerk's Cooperative Authority. The clerk shall electronically note information, such as the filing date, book, and pages numbers on the image, as well as transmit a copy of the map, plat, or plan with the filing information to the e-mail address of the person filing. The bill also provides a form for surveyor certification.

Authored By: Rep. Rick Jasperse (11th) House Committee: Judiciary

Committee Action:

01-31-2017 Do Pass

HB 88

Superior courts; qualifications for judges; revise
Bill Summary: This legislation amends general provisions regarding superior court judges, specifically qualifications and the consequences of disbarment or suspension. A superior court judge must still be at least 30-years old at the time of his or her election, be a citizen of the State of Georgia for three years, have seven years of law practice, and be a member of good standing with the State Bar of Georgia; however, the bill adds that a superior court judge must also remain in good standing while serving as a judge. When a superior court judge is disbarred or suspended from the practice of law by the Supreme Court, voluntarily or involuntarily, the office shall be vacated immediately, regardless of bar status at time of election.

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

Committee Action:

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01-31-2017 Do Pass by Committee Substitute

House of Representatives

Daily Report for January 31, 2017

Committee Actions

HB 121

Trusts; minor or unborn beneficiaries; change provisions
Bill Summary: House Bill 121 revises the Code section relating to trusts by specifically addressing a representative's consent on behalf of minor or unborn child beneficiaries. The requirements of a representative, as well as when his/her decisions are binding on a settlor/beneficiary are outlined. Interested persons, primarily the trustee and those whose consent are required for binding settlements, may enter into binding non-judicial settlement agreements in matters relating to the trust. Furthermore, these agreements will be binding on the trust, trust property and interested persons, as if ordered by a court.
The power of modification of a trust is amended. A trust can give power to a person to modify or terminate the trust without court approval. Specifically, non-charitable irrevocable trusts (trusts not for charities that cannot be modified without the consent of the beneficiaries) are outlined for when one can/cannot modify and terminate the trust and whose consent is needed to do so. Powers of the trustee are outlined to grant them the ability to modify, invade the trust fund, and move money between trusts discussed. If any contribution to the original trust qualifies for a tax benefit, the trustee cannot distribute the funds in a way that would prevent the tax benefit status. Limitations on the invasion of the trust are provided, with the terms required of the secondary trust and the requirements of the trustee described. If the trust owns stock in an S corporation, the trustee may not distribute to a second trust that is not a permitted shareholder of S corporation stock. There shall not be liability to a trustee who relies on the validity of a distribution of property from one trust to the other if there is a failure due to the reliance. A trustee is not compelled to act because of this Code section. If there is a disagreement between a trust and the parameters of this Code section, this Code section overrules the trust. The settlor of the original trust and debts/liabilities of the original trust carry over to the secondary trust. Finally, this Code section is amended by stipulating that a trustee may terminate a trust if the value of the trust is less than $100,000 (doubled from the previous $50,000) if he/she decides that the value of the trust is insufficient to justify the cost of administration.

Authored By: Rep. Chuck Efstration (104th) House Committee: Judiciary

Committee Action:

01-31-2017 Do Pass by Committee Substitute

HB 122

Uniform Statutory Rule Against Perpetuities; validity of nonvested property interest or power of appointment; change provisions
Bill Summary: This bill relates to the Rule Against Perpetuities (RAP). The timeframe for the termination/satisfaction/power exercised of the interest is extended from 90 years to within 360 years after its creation, as is the court's time limit to reform a disposition. This Code section is effective July 1, 2017 for nonvested property interest and power of appointment; if the nonvested property interest/power of appointment was made before July 1, 2017, an interested party may present to a court to reform the disposition, as long as it is within the limits of RAP.

Authored By: Rep. Chuck Efstration (104th) House Committee: Judiciary

Committee Action:

01-31-2017 Do Pass

Regulated Industries Committee
HB 39 Real estate professionals; disciplinary actions and sanctions; change certain provisions
Bill Summary: HB 39 allows for a 10-day grace period for real estate appraisers, brokers, and salespersons to notify their respective board or commission, in writing, when such person is convicted of a crime. Moreover, such board or commission has the authority to revoke the license of said person after 60 days from the date of conviction if no notice has been provided to the appropriate board or commission.

Authored By: House Committee:

Rep. Alan Powell (32nd) Regulated Industries

Committee Action:

01-31-2017 Do Pass

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House of Representatives

Daily Report for January 31, 2017

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 01, 2017 8:00 AM APPROPRIATIONS EDUCATION - 515 CLOB 8:00 AM APPROPRIATIONS GENERAL GOVERNMENT - 506 CLOB 8:00 AM AGRICULTURE & CONSUMER AFFAIRS - 403 CAP 9:00 AM RULES - 341 CAP 10:00AM FLOOR SESSION (LD 11) - HOUSE CHAMBER 1:00 PM APPROPRIATIONS ECONOMIC DEVELOPMENT - 341 CAP 1:00 PM Ways & Means Subcommittee on Public Finance & Policy - 133 CAP 1:00 PM MILITARY AFFAIRS WORKING GROUP - 415 CLOB 1:30 PM Fleming Subcommittee of House Judicary (Civil) Committee - 403 CAP 2:00 PM SMALL BUSINESS DEVELOPMENT - 606 CLOB 2:00 PM BANKS & BANKING - 406 CLOB 2:00 PM RETIREMENT-CANCELED - 515 CLOB 3:00 PM MEDICAL CANNABIS WORKING GROUP - 406 CLOB 3:00 PM APPROPRIATIONS PUBLIC SAFETY - 606 CLOB 3:00 PM INDUSTRY & LABOR - 506 CLOB 3:00 PM HIGHER EDUCATION - 403 CAP 3:00 PM SPECIAL RULES - 515 CLOB 4:00 PM APPROPRIATIONS HIGHER EDUCATION - 403 CAP

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