Daily report [Feb. 8, 2017]

DAILY REPORT Wednesday
February 8, 2017

14th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 15th Legislative Day on Thursday, February 9 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 4 bills are expected to be debated on the Floor.

Today on the Floor

Rules Calendar
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: Rep. Alan Powell (32nd) House Committee: Regulated Industries

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action:

Modified-Open 01-31-2017 Do Pass

HB 74

Insurance; life risk-based capital trend test to comply with accreditation standards; change
Bill Summary: House Bill 74 amends the Insurance Code relating to company action level events and preparation and submission of risk-based capital level plans so as to change the life risk-based capital trend test from 2.5 to 3.0.

Authored By: Rep. Darlene Taylor (173rd) House Committee: Insurance

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action:

Modified-Open 02-01-2017 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

Page 1 of 8

House of Representatives

Daily Report for February 8, 2017

Today on the Floor

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

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 01-31-2017 Do Pass

HB 92

Insurance; automobile or motorcycle policies; expand definition of policy
Bill Summary: House Bill 92 modifies the definition of policy as it relates to the cancellation or nonrenewal of automobile or motorcycle polices to include policies issued by the same insurer.

Authored By: Rep. John Carson (46th) House Committee: Insurance

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action:

Modified-Open 02-01-2017 Do Pass

HB 127 Insurance; nonprofit medical and hospital service corporations; revise provisions
Bill Summary: House Bill 127 repeals antiquated language throughout Title 33 relating to nonprofit medical service corporations and nonprofit hospital service corporations.

Authored By: Rep. Richard Smith (134th) House Committee: Insurance

Floor Vote:

Yeas: 162 Nays: 0

Rule Applied: Committee Action:

Modified-Open 02-01-2017 Do Pass

Page 2 of 8

House of Representatives

Daily Report for February 8, 2017

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 15th Legislative Day, Thursday, February 9, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Thursday, February 9, at 9:00 a.m., to set the Rules Calendar for the 16th Legislative Day.

HB 64

Protection and Guarantee of Service for Health Insurance Consumers Act; enact
Bill Summary: House Bill 64 requires insurance carriers that sell health insurance through an insurance agent to provide the agent with a commission. The commission must be structured in a way that does not directly or indirectly discriminate in the amount paid to the agent for the sale of a group plan or an individual plan.

Authored By:

Rep. Shaw Blackmon (146th)

House Committee: Insurance

Rule Applied: Committee Action:

Modified-Structured 02-01-2017 Do Pass by Committee Substitute

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

Rule Applied: Committee Action:

Modified-Structured 01-31-2017 Do Pass

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
Page 3 of 8

House of Representatives

Daily Report for February 8, 2017

Next on the Floor

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 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
Page 4 of 8

House of Representatives

Daily Report for February 8, 2017

Next on the Floor

a member of the JQC is representing one of the parties.

Authored By:

Rep. Wendell Willard (51st)

House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Structured 02-02-2017 Do Pass by Committee Substitute

HB 176 Agriculture, Department of; enter into agreements with the federal government to enforce provisions of certain federal laws; authorize
Bill Summary: This bill provides an additional article for the Official Code of Georgia Annotated relating to standards, labeling, and contamination of food and allows for the Department of Agriculture to enter into agreements with the federal government to enforce certain federal laws.

Authored By: Rep. Tom McCall (33rd) House Committee: Agriculture & Consumer Affairs

Rule Applied: Committee Action:

Modified-Open 02-01-2017 Do Pass

Page 5 of 8

House of Representatives

Daily Report for February 8, 2017

Committee Actions

Committee Actions
Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar.

Appropriations Committee
SB 70 Hospital Medicaid Financing Program; sunset provision; extend
Bill Summary: SB 70 amends the Hospital Medicaid Financing Program, also known as the hospital provider fee, by extending the sunset date to June 30, 2020.

Authored By: House Committee:

Sen. Butch Miller (49th) Appropriations

Committee Action:

02-08-2017 Do Pass

Banks & Banking Committee
HB 143 Financial institutions; provide for definitions; provisions
Bill Summary: This legislation allows the Department of Banking and Finance to investigate a person or corporation performing financial services for a financial institution as if the financial institution performed the services itself. The department may prescribe fees for the examination and may furnish a copy of the report to the financial institution. The Department of Banking and Finance has the authority to issue a subpoena, and if the subpoena is ignored, the department may apply for a court order to hold the person in contempt for refusal to obey the subpoena. The department may no longer issue a written order directing a corporation to restore deficiency when the financial institution's net assets are less than the amount of its capital stock. The department may approve articles for a trust company that is not also a bank or an affiliated trust company. The department may conduct an on-site examination without prior notice, and the registrant will pay the reasonably incurred costs of such examination.
A bank shall not at any time have credit exposure as a counterparty in derivative transactions, and the limitations applied now also apply to obligations arising from the purchase or discount of drafts, the bona fide purchase of commercial or business paper, and bona fide loans upon the security of agricultural, manufactured, industrial products or livestock. Financial institutions may now conduct business on Sunday. If a trust company goes into receivership it is to provide an irrevocable letter of credit or pledge securities of no less than $500,000 to the department, and the department may reduce the securities or letter of credit to cash and use the cash to pay costs associated with receivership. Trust companies must maintain a minimum amount of capital of no less than $3 million, as determined by the department by considering factors involving the type of business and management experience. Trust companies shall not create a lien on any of its assets except to secure the repayment of money borrowed or trust accounts administered by the company. Banks may receive deposits or open a safe-deposit box from a minor who is at least 16-years old. A bank or trust company may issue subordinated securities, so long as the company furnishes disclosures to the investor before investment. The disclosure must include the risks associated with the subordinated securities and be accompanied by notice that if the company becomes subject to a regulatory action, then the company may be prohibited from paying or retiring the securities. The board of directors may remove a director from office if the director: fails to attend regular board meetings for six successive monthly meetings or two successive quarterly meetings; has been indicted for any crime involving dishonesty or breach of trust; or fails to make payments on a loan or other credit obligation which causes a loss to a financial institution. The "common bond" relationship for a credit union has been amended to include employment within a well-defined community. A credit union shall have to power to receive savings deposits from non-members as long as the deposits are: insured by a federal public body; made in an expressly authorized manner; not deposited in a share draft account; and not bearing a greater rate of interest than granted to members for the same class of deposit. The bill allows societies, associations, partnerships, and corporations headquartered within the field of membership to be admitted to membership of a credit union. The timing of the audit of a credit union may be modified pursuant to the rules and regulations of the department. Based upon assets, complexity and other factors, the department may authorize certain credit unions to obtain
Page 6 of 8

House of Representatives

Daily Report for February 8, 2017

Committee Actions

their audit from an entity which is not a licensed, independent, certified public accountant, so long as the entity is otherwise qualified. Mortgage lenders and financial institutions may charge convenience fees for accepting an electronic payment; the department now accepts notice of cancellation of bonds electronically through the Nationwide Multistate Licensing System and Registry.

Authored By: House Committee:

Rep. Bruce Williamson (115th) Banks & Banking

Committee Action:

02-08-2017 Do Pass

Governmental Affairs Committee
HB 42 Elections; election superintendents to correct mistakes and omissions on ballots for a primary or election; authorize
Bill Summary: House Bill 42 allows election superintendents to make corrections to primary election ballots if they discover a mistake or omission on printed ballots or on the display screens of electronic voting machines.

Finally, it allows municipalities, if they deem it practical, to hold a special election or run-off election in conjunction with a federal special or run-off election.

Authored By: House Committee:

Rep. Eddie Lumsden (12th) Governmental Affairs

Committee Action:

02-08-2017 Do Pass by Committee Substitute

State Planning & Community Affairs Committee
HB 183 Community Affairs, Department of; Georgia Geospatial Advisory Council; recreate
Bill Summary: This bill recreates the Georgia Geospatial Advisory Council under the Department of Community Affairs (DCA). All data, reports, and other documents of the former Georgia Geospatial Advisory Council that existed under the Department of Natural Resources prior to June 30, 2017, shall be transferred to DCA for use by the newly created council. The commissioner, or his or her designee, shall coordinate with state executive branch departments and agencies to appoint members of the council, which may consist of representatives from state departments and agencies, local governments, universities, regional commissions, or any other entity the department determines to be active in the development or consumption of reliable geospatial resources. The council may closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures.

Authored By: House Committee:

Rep. Robert Dickey (140th) State Planning & Community Affairs Committee
Action:

02-08-2017 Do Pass

Page 7 of 8

House of Representatives

Daily Report for February 8, 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 Notices.

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

Thursday, February 9, 2017 Transportation Subcommittee on State Highways - 515 CLOB NATURAL RESOURCES & ENVIRONMENT - 606 CLOB Resource Management Subcommittee - 606 CLOB RULES - 341 APPROPRIATIONS: HIGHER EDUCATION - 341 CAP JUVENILE JUSTICE - 406 CLOB JUDICIARY CIVIL - 132 CAP EDUCATION - 606 CLOB TRANSPORTATION - 506 CLOB APPROPRIATIONS: PUBLIC SAFETY - 341 CAP WAYS AND MEANS - 406 CLOB

Page 8 of 8