Daily report [Feb. 2, 2017]

DAILY REPORT Thursday
February 2, 2017

12th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 13th Legislative Day on Tuesday, February 7 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 3 bills are expected to be debated on the Floor.

Today on the Floor

Rules Calendar
HB 58 Motor vehicles; reference date to federal regulations regarding the safe operation of commercial motor vehicles and carriers; update
Bill Summary: House Bill 58 updates the reference date in Georgia Code to the federal regulations regarding the safe operation of motor carriers and commercial motor vehicles. Current law refers to those federal regulations in place as of January 1, 2016. This bill will reference those in force as of January 1, 2017.

Authored By: Rep. Terry Rogers (10th) House Committee: Motor Vehicles

Floor Vote:

Yeas: 160 Nays: 0

Rule Applied: Committee Action:

Modified-Open 01-26-2017 Do Pass

Local Calendar
HB 130 Emanuel County Development Authority; members; change
Bill Summary: This bill amends the Constitutional amendment creating the Emanuel County Development Authority. The bill changes the number of members serving on the Authority from five to seven and changes the qualifications necessary to serve on the Authority. Additionally, the bill increases the number of years the Authority may issue bonds or obligate itself contractually to not exceed 40 years.

Authored By: Rep. Butch Parrish (158th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action:

02-01-2017 Do Pass

HB 131 South Fulton, City of; change corporate boundaries Bill Summary: This bill changes the corporate boundaries of the City of South Fulton.

Authored By: Rep. Roger Bruce (61st)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action:

02-01-2017 Do Pass

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Daily Report for February 2, 2017

Today on the Floor

HB 132

Fulton County Industrial District; repeal amendment
Bill Summary: The bill repeals an amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for education purposes within the boundaries of an independent school system. The bill also creates a referendum asking if the state should repeal the previously mentioned amendment.

Authored By: Rep. Roger Bruce (61st)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action:

02-01-2017 Do Pass

HB 171

Meriwether County Water and Sewerage Authority; members and chairperson; change designation
Bill Summary: This bill changes the designation of members of the Meriwether County Water and Sewerage Authority from serving on posts to serving for districts. It also changes the method of designation of the chairperson of the Authority.

Authored By: Rep. Robert Trammell (132nd)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action:

02-01-2017 Do Pass

HB 172 Dahlonega, City of; levy an excise tax
Bill Summary: This bill authorizes the governing authority of the City of Dahlonega to levy an excise tax.

Authored By: Rep. Kevin Tanner (9th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action:

02-01-2017 Do Pass

HB 187

Monroe County; Board of Commissioners; provide nonbinding advisory referendum
Bill Summary: This bill creates a nonbinding advisory referendum to learn if the electors of Monroe County want the Monroe County Board of Commissioners to levy an annual ad valorem tax and issue further appropriate debt instruments to support the continued availability of health care services for the citizens of the county at Monroe County Hospital.

Authored By: Rep. Robert Dickey (140th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action:

02-01-2017 Do Pass

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Daily Report for February 2, 2017

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 13th Legislative Day, Tuesday, February 7, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Tuesday, February 7, at 9:00 a.m., to set the Rules Calendar for the 14th Legislative Day.

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

Rule Applied: Committee Action:

Modified-Open 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 now must also remain in such 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

Rule Applied: Committee Action:

Modified-Open 01-31-2017 Do Pass by Committee Substitute

HB 146 Fire departments; purchase and maintain certain insurance coverage for firefighters; require
Bill Summary: HB 146 requires legally organized fire departments to maintain insurance coverage beginning January 1, 2018 for all firefighters in the department to pay claims for cancer diagnosed after a firefighter has served at the department for 12 consecutive months. The term "cancer" means bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectal, respiratory tract, skin, testicular, thyroid, and cervical cancer; leukemia; multiple myeloma; or non-Hodgkin's lymphoma.

The minimum benefit includes a lump sum benefit of $25,000 made payable to the firefighter upon submission of proof of their diagnosis to the fire department. This benefit is subordinate to any government health insurance benefit paid on behalf of, or as a reimbursement to, the member for such cancer, and shall be limited to the difference between the amount of such other paid benefit and the amount specified under this provision. If, as a result of such cancerous condition or treatment, the member is unable to perform his or her duties as a firefighter, then a monthly benefit equal to 60% of the member's monthly salary at the time of diagnosis or a monthly benefit of $5,000, whichever is less, will begin six months after submission of acceptable proof of diagnosis and will continue for a total of 36 consecutive months. If a member is a volunteer, as defined in Code Section 25-4-2, then a monthly benefit of $1,500 shall begin six months after submission of acceptable proof and continue for a total of 36 consecutive months. These benefits shall be subordinate to any other benefit actually paid to the firefighter for such disability from any other source, not including private insurance. They shall be limited to the difference between the amount of such other paid benefit and the amount specified in this bill.

Any person who was a member of more than one fire department at the same time shall not be entitled to receive benefits under this paragraph from or on behalf of more than one fire department. Any member who receives benefits may be required to have their condition reevaluated. In the event that the reevaluation reveals that the firefighter is able to perform duties as a firefighter, then his or her benefits shall cease. Benefits shall also cease upon the death of such person. A member who departs or retires after at least one year as a firefighter shall be entitled to continue his or her coverage through a
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Daily Report for February 2, 2017

Next on the Floor

continuation or conversion to individual coverage. At that point, the departing member is responsible for paying all premiums.

County and municipal governing authorities may use proceeds from county and municipal taxes to purchase insurance for the firefighters intended to be covered by this bill. Funds received as premiums for this coverage shall not be subject to premium taxes. The computation of premium amounts by an insurer for this coverage shall be subject to generally accepted adjustments from insurance underwriting.

The Georgia Firefighter Standards and Training Council shall be authorized to adopt rules and regulations that are reasonable and necessary to implement the provisions of this Code section.

A fund authorized by this chapter may be established by an agency only if the agency has enrolled members which, for each fund which includes accident or disability coverage, shall generate an annual gross premium of not less than $500,000.

Language is also added in Code Section 48-7-27 to provide that payments received by firefighters pursuant to this bill are included in the taxpayer's federal adjusted gross income and are not otherwise exempt under any other provision of this Code section.

Authored By: Rep. Micah Gravley (67th) House Committee: Insurance

Rule Applied: Committee Action:

Modified-Structured 02-01-2017 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.

Judiciary Committee
HB 126 Courts; Judicial Qualifications Commission; change provisions
Bill Summary: HB 126 amends provisions relating to the Judicial Qualifications Commission (JQC), which oversees investigations and disciplinary actions related to judges for ethical complaints. It provides for the JQC's duties and responsibilities, enumerates a membership selection process, and provides for membership accountability.
From January 1, 2017, until June 30, 2017, the JQC shall consist of seven members, who shall be selected as follows: the Supreme Court of Georgia shall select two members who shall be judges of any court of record; the president of the Senate shall select two members, with one member selected from a list of at least ten nominees submitted by the board of governors of the State Bar of Georgia who are members of the Georgia Bar who shall have been an active status member of the Georgia Bar for at least 10 years and shall be a registered voter of this state, and if a nominee is not selected from the list, the board of governors shall submit another slate of 10 nominees for the president of the Senate's consideration and the other member shall be not be a member of the Georgia Bar but will be a registered voter of this state. The speaker of the House of Representatives shall select two members in the same manner as the president of the Senate. The governor shall select one member to chair the JQC, who shall be a member of the Georgia Bar with at least 10 years active status and is a registered voter of this state.
Effective July 1, 2017, the JQC shall be reconstituted. The members serving on the commission immediately prior to July 1, 2017 shall cease to serve on that date, but shall be eligible for reappointment to succeed themselves or to fill another position on the JQC. The JQC is expanded from seven to ten total members who se4ve on one of two separate and distinct panels: an Investigative Panel and a Hearing Panel. The seven members of the Investigative Panel are appointed as follows: the Supreme Court of Georgia shall appoint two judges of any court of record; the governor, president of the Senate, and speaker of the House shall each appoint one attorney, who has been a member of the Georgia Bar for at least 10 years; and the president of the Senate and speaker of the House shall each appoint two citizens. The Georgia Bar may provide attorney appointment recommendations to the requisite appointing authorities. The three members of the Hearing Panel as appointed as follows: the Supreme Court of Georgia shall appoint one judge of any court of record to serve as the panels' presiding officer and one attorney, who has been a member of the Georgia Bar for at least 10 years, and the Governor shall appoint one citizen member.
The appointment of all members shall be confirmed by the Senate. The names shall be submitted to Senate no later than the third Monday in January. If an appointee is not confirmed, the appointing authority shall promptly submit another appointee's name. If the Senate is not in session at the time an appointee's term begins or a vacancy is created, an appointment shall be effective until a successor is appointed and confirmed at the next regular session.
The Investigative Panel shall be responsible for the investigation, prosecution, and administrative functions of the commission, as well as select one person to serve as the director, who is not already a member of the commission but is an active status member of the Georgia Bar who shall not otherwise engage in the practice of law or serve in a judicial capacity. The members will annually elect a chair and vice-chair, and promulgate rules. The Hearing Panel shall be responsible for adjudicating formal charges filed by the Investigative Panel and make disciplinary and incapacity order recommendations to the Georgia Supreme Court, as well as initiate and issue formal advisory opinions regarding the Code of Judicial Conduct or forward recommendations of the Investigative Panel. These formal advisory opinions shall be subject to review by the Supreme Court of Georgia.
The initial terms shall be staggered with all subsequent full terms being four years. Members shall be eligible for reappointment to a second full term. A member appointed to an initial term or to fill
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Committee Actions

an unexpired term may be reappointed to two full terms. Vacancies shall be filled by the appointing authority, unless the appointing authority does not fill the vacancy within 60 days from the date on which the Commission notified the appointing authority of the vacancy, at which time the governor shall appoint a replacement member who is of the same category to serve the unexpired term. A member may be removed for cause by unanimous decision of the appointing authorities.

Members and staff of the Hearing Panel shall not have: ex parte communications regarding a disciplinary or incapacity matter; immunity from civil liability for conduct in the course of their official duties; absolute privilege over communications to the JQC, its members, and staff relating to judicial misconduct or incapacity.

The quorum for an Investigative Panel meeting is four members, with at least one judge, one attorney, and one citizen member present. The quorum for a Hearing Panel meeting requires that all members be present.

All powers, functions, duties, agreements, etc. of the former commission are transferred to the commission created July 1, 2017.

The bill contains the following confidentiality parameters: Before formal charges are made, all information regarding a disciplinary or incapacity matter shall be kept confidential, unless an exception applies. After formal charges are filed and served, all information regarding a disciplinary matter shall be open and available to the public. All staff and commission work products, deliberations and records addressing the investigation of a judge shall be kept confidential until submission of the case to the hearing panel. All administrative matters shall be open to the public, except to the extent that: they would disclose disciplinary matters in which formal charges have not been filed and served; they would disclose incapacity matters; an executive session would be proper; or that public disclosure of records would not be required under the 'Open Records Act' if the Commission were an agency subject to those Code sections. Notwithstanding the foregoing, information regarding disciplinary or incapacity matters may be disclosed when: the privilege of confidentiality has been waived by the individual who is the subject of the investigation; the commission's rules provide for disclosure under certain circumstances, such as to protect the public, an emergency situation, or when a judge is under consideration for another state or federal position.

A judge known to be under investigation by the JQC is disqualified from presiding over a case in which a member of the JQC is representing one of the parties.

Authored By: House Committee:

Rep. Wendell Willard (51st) Judiciary

Committee Action:

02-02-2017 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, February 3, 2017 Saturday, February 4, 2017 Sunday, February 5, 2017 Monday, February 6, 2017 2:00 PM APPROPRIATIONS: HEALTH - 341 CAP

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