First readers in House, 2011 January 12

FIRST READERS IN HOlJSE WEDNESDAY, JANUARY 12,2011
SECOND LEGISLATIVE DAY
Legislation not listed consecutively indicates those pre-filed.
HB I . By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide that prenatal murder shall be unlawful in all events and to remove numerous references to such procedures; to amend Title 16, relating to crimes and offenses, so as to make certain findings of fact; to define certain terms; to provide that any prenatal murder shall be unlawful; to provide a penalty; to repeal certain exceptions to certain offenses; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Colaunittee on JUDICIARY NON-CIVIL
EIB 2. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to provide a short title; to preempt certain local ordinances relating to production of agricultural or farm products; to protect the right to grow food crops and raise small animals on private property so long as such crops and animals are used for human consumption by the occupants, gardeners, or raisers and their households and not for commercial purposes: to define a term; to provide for effect on certain private agreements and causes of action; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY
HB 3. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as provide a short title; to provide legislative findings; to define certain terms; to require any bank or lending institution serving as a depository for the state or any department or agency of the state to offer and to accept gold and silver coin for deposit; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide legislative findings; to define certain terms; to require the exclusive use of gold and silver coin as tender in payment of debts by or to the state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on BANKS & BANKING
HB 4. By Representative Franklin of the 43rd: A BILL to bc entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Joint Committee on Repeals; to provide a short title; to provide legislative findings; to provide for membership; to provide for duties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY

HB 5. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide a short title; to provide for legislative intent; to repeal Article 4, relating to dangerous instru~nentalitiesand practices, in its entirety; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY NON-CIVIL
HB 6. By Representative Franklin of the 43rd: A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers of the Governor, so as to repeal the power of the Governor to suspend or limit the sale or transportation of firearms during times of emergency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY
)ill 7. Ry Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on MOTOR VEHICLES
HB 8. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter I 1 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide a short title; to prohibit certain forms of surveillance without search warrants; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY NON-CIVIL
1413 9. By Representative Franklin of the 43rd: A BILL to be entitled an Act to provide a short title; to make findings of fact; to amend Article 1 of Chapter 4 of 'Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to the arrest of persons, so as to provide that the use of forced entry in the execution of a search warrant is prohibited; to amend Article 2 ol' Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that the use of forced entry in the execution of a search warrant is prohibited; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY NON-CIVIL,

HB 10. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to provide a short title; to provide that no local governing authority shall prohibit the construction of a fence between properties of a sufficient height to prevent a person at the highest point of observation in one residence to observe activity within an adjacent property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY
HB 11. By Representative Franklin of the 43rd: A BILL to be entitled an Act to provide a short title; to amend Chapter 12 of Title 3 1 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to repeal requirements for mandatory vaccination; to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to repeal the authority of the Governor to issue mandatory vaccination orders; to prohibit the quarantine of persons solely for failure to submit to and receive voluntary vaccinations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on HEALTH & HUMAN SERVICES
HB 12. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to exempt from local regulations certain retail sales of Georgia grown agricultural or farm products directly from the producer to the consumer as food for human consumption; to ainend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions relative to standards, adulteration, and misbranding of food. so as to exempt from certain prohibitions and regulation the retail sales of Georgia grown agricultural or farm products directly from the producer to the consumer as food for human consumption; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on AGRICUL'I'URE & CONSUMER AFFAIRS
HB 13. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal Chapter 7, relating to income taxes; to prohibit the levy or collection of income taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on WAYS & MEANS

HB 14. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Titles 16 and 17 of the Official Code of Georgia Annotated, relating to criminal law and criminal procedure, respectively, so as to change the term "victim" to the term "accuser" in the context of a number of statutes making reference to circumstances where there has not yet been a criminal conviction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY NON-CIVIL
HB 15. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to prohibited lobbying practices, so as to provide that no person employed by or under contract with the executive or judicial branch of this state, any political subdivision of this state, or any agency or authority of this state shall be permitted to address any committee or subcommittee of the General Assembly; to repeal conflicting laws; and for other purposes.
Referred to the Committee on RULES
HB 16. By Representative Franklin of the 43rd: A BILL to be entitled an Act to repeal provisions of law enacted by the "Georgia Nuclear Energy Financing Act" approved April 21, 2009 (Ga. L. 2009, p. 39); to state legislative findings; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to eliminate provisions for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on ENERGY, UTILITIES & TELECOMMUNICATIONS
HB 17. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to abolish the Department of Human Services; to repeal Title 49, relating to social services; to provide that references in the Title 49 shall be repealed; to repeal conflicting laws; and for other purposes.
Referred to the Committee on HEALTH & HUMAN SERVICES
HB 18. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to abolish the State Road and Tollway Authority; to provide for the transfer of certain duties, responsibilities. obligations, and functions to the Department of Transportation; to provide for the disposition of liabilities, assets, and property of the authority; to provide for related matters; to conform statutory references; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on TRANSPORI'ATION

HB 19. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide that federal reserve banks and branches located in Georgia shall not be exempt from state income tax; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on WAYS & MEANS
HB 20. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 50 of the Ofiicial Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive regulation of federal tax funds; to provide for a short title; to provide fbr legislative findings; to provide for definitions; to create the federal tax fund panel and provide for its members, operation, powers, and duties; to create the federal tax fund and provide for its operation; to provide for powers, duties, responsibilities, and liabilities of state officials and state taxpayers in connection with the forgoing; to provide for related matters; to provide for applicability; to provide for use of certain funds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on WAYS & MEANS
HB 21. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to treason and other subversive activities, so as to provide findings of the General Assembly regarding the constitutionality of certain federal laws and other mandates; to provide that any judicial officer, law enforcement officer, agent, or employee of the federal government, any multinational government, any international government, or any global government commits the offense of racketeering by color of law when he or she attempts to enforce any law not recognized as valid; to provide for a short title; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Coininittee on JUDICIARY NON-CIVIL
HB 28. By Representatives Heard of the 114th, Hugley of the 133rd, and Smyre of the 132nd: A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the Martin Luther King, Jr. Advisory Council; to provide for membership on the commission; to provide for terms and duties of members; to provide for an annual report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on GOVERNMENTAL AFFAIRS

I-IB 29. By Representatives Heard of the 1 14th, Hugley of the 133rd, and S~nyreof the 132nd: A BILL to be entitled an Act to ainend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for applicability of Chapter 16, the "Tax Amnesty Progran~Act," and Chapter 16A, the "Property Tax Amnesty Program Act," to additional amnesty periods; to provide for additional waiver periods; to provide for new duration and applicability periods; to change certain provisions regarding coiiection costs; to provide for related matters; to provide an effective date; to repeal contlicting laws; and for other purposes.
Referred to the Coinmittee on WAYS & MEANS
LIB 35. By Representative Franklin of the 43rd: A RILL to be entitled an Act to ainend Chapter 1 of Title 40 of the Official Code of Georgia Annotated. rclatirlg to gcneral provisions regarding rnotc3r ~r::hicles and traffic, so as to provide for a short title: to require property damage or bodily injury or death before citing a person for a violation of any provision in Title 40; to provide for related matters; to provide for all effective c%(atcand applicability; to rcpeal conflicting laus; and for other purposes.
fieferr~dto the Cornmatice \an JIJDICIARY
HB 36, By Representative E:ranhliti ofthe 43rd: A BII,L, to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes xrd of'fenses, so as to provide a short title; to define certain terms; to abolish civil fi)rfelft~rcst;o provide for the criminal offense of theft under color of law; to provide a penalty; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and l;)n other purposes.
Referred to the Co~nmitteeon JUDICIARY NON-CIVIL,
IIn 37.
By Representative Franklin of the 43rd: A HILL to be entitled an Act. to amend Chapter 2 of Title 21 of the Ofiicial Code of Cieorgia Annotated, relating to primaries and elections generally, so as to provide that political parties shall prokide docurnentation that their candidates in the presidential preference primary mcet the qualifications of the United States Constitution to hold the office of President u r the United States: to provide that political parties and bodies that h b l ~candidates for the offices of President and Vice President shall provide documentation that their candidates meet the qualifications of the United States Constitution to hold the ofice of' President and Vice President of the United States; to provide for related matters: to repeal conflicting laws; and for other purposes.
Referred to the Corrl~nitteeon JI_IIlIClAS2Y
Fib 38. By Representative Franklin of the 43rd: A BILL to be entitled an Act to ainend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure not required and disclosure of exempting legal authority, so as to require govern~nentdisclosure of a real estate purchase price under certain circumstances; to provide for related matters; to repeal conflicting laws; and i;)r other purposes.
Referred to the Committee on SI'AI'E INSrTI?'IITIONS& PROPERTY

HB 39. By Representatives Benton of the 3lst, England of the 108th, McKillip of the 115th, and Walker of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to provide that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to revise provisions relating to content of notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on EDUCATION
I-1B 40. By Representatives Benton of the 31st, England of the 108th, Buckner of the 130th, and Kaiser of the 59th: A BILL to be entitled an Act to provide a short title; to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that engine coolant or antifreeze sold in this state containing more than 10 percent ethylene glycol shall include denatonium benzoate as an aversive agent to render it unpalatable; to provide for applicability; to provide for a limitation on liability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on JUDICIARY
HR 1. By Representative Franklin of the 43rd: A RESOLUTION proposing an amendment to the Constitution so as to abolish and prohibit all state, county, consolidated government, municipal, school district, special district, or any other governmental entity from imposing taxes, fees, and liens on property; to provide for procedures, conditions, and limitations; to provide for local option sales and use tax or a flat rate household tax; to provide for applicability of prior tax provisions; to change certain provisions regarding local taxation for education; to change certain provisions regarding special districts; and for other purposes.
Referred to the Committee on WAYS & MEANS
HR 2. By Representative Franklin of the 43rd: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to prohibit the taking of private property through eminent domain; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on JUDICIARY
HR 3. By Representative Franklin of the 43rd: A RESOLUTION proposing an amendment to the Constitution so as to provide that no restrictions shall be placed by any government or governmental entity on the use of property within this state; to provide that land use and zoning laws, ordinances, and resolutions shall be prohibited; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on JUDICIARY

HR 4. By Representative Franklin of the 43rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for standing to bring an action to challenge the constitutionality of a law; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on JUDICIARY
HR 5. By Representative Franklin of the 43rd: A RESOLlJTION proposing an amendment to the Constitution of the State of Georgia so as to remove provisions relative to decisions of the Court of Appeals and Supreme Court binding other courts and thereby provide that persons who are not parties to judicial actions shall not be bound by decisions therein; to provide for submission of this amendment fbr ratification or rejection; and for other purposes.
Referred to the Committee on JUDICIARY
HR 6. By Rcpresentative Franklin of the 43rd: A RESOLUTION proposing an amendinent to the Constitution of the State of Georgia so as to remove the pouer of the Judicial Qualifications Commission to remove and discipline judges; to provide that actions by the cominission shall be advisory only; to provide that the power to remove and discipline judges is vested exclusively in the elected General Assembly; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on JUDICIARY
1IR 7. By Representative Franklin of the 43rd: A RESOLUTION proposing an amendment to the Constitution so as to provide that a person appointed to fill a vacancy in an elective public office shall not be eligible for election to such office in the next election to fill such office; to provide for the subnlission of this amendment for ratification or rejection; and for other purposes.
Referred to the Coininittee on GOVERNMENTAL AFFAIRS
HK 8. By Representative Franklin of the 43rd: 12 RESOLUTION proposing an amendment to the Constitution so as to repeal the provision requiring that appropriations to any institution of the University System of Georgia be paid to the board of regents in a lump sum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on APPROPRIATIONS
E-IR 20. By Representatives Brockway of the 101st and Dudgeon of the 24th: A RES0IJ1JTION proposing an amendment to the Constitution so as to limit the rate of growth in the state budget, with such limitation based upon changes in the Consumer Price Index and population growth; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on APPROPRIATIONS

HR 23. By Representative Franklin of the 43rd: A RESOLUTION urging Congress to adopt and submit to the states for ratification an amendment to the United States Constitution relating to the adoption and challenge of laws; and for other purposes.
Referred to the Committee on JUDICIARY