M OTIONS TO I NSIST

HB 147 - Woman's Right to Know Act; abortion; change certain provisions

- BILL SUMMARY: Adds to the requirements for informed consent that the female is informed as to how to obtain an ultrasound if she wants one before having an abortion. If an ultrasound is performed the woman will have the right to view the active ultrasound, and hear the heartbeat of the unborn child, if audible; the quality of the ultrasound shall be consistent with standard medical practice and show the dimensions, presence of external members and internal organs of the child. The bill also requires that the female certify in writing that she was given the opportunity to view the ultrasound, and hear the heartbeat, if audible, if she chose to have it performed. The bill requires that the Department of Human Resources include geographically indexed materials designed to help a woman seeking an abortion find facilities available to assist her in obtaining an ultrasound in its printed materials containing information on abortion. Failure to allow a woman who has had an ultrasound to see the ultrasound would create a basis for disciplinary action from the Composite State Board of Medical Examiners. The bill also provides that nothing in the changes is intended to recognize a right to abortion or to make lawful an abortion that is currently unlawful; finally the bill would allow the General Assembly by joint resolution to appoint one or more of its members – who sponsored or co-sponsored the bill – to intervene as a matter of right in any case challenging the constitutionality of the bill.

- Authored By: Rep. James Mills of the 25th

- House Committee: Judiciary Non-Civil

- A motion to insist sends this bill back to the Senate for consideration.

HB 275 - Municipality incorporation; General Assembly local Acts; provide additional requirements

- BILL SUMMARY: No Summary Available

- Authored By: Rep. Michele Henson of the 87th

- House Committee: Governmental Affairs

- A motion to insist sends this bill back to the Senate for consideration.

SB 98 - Crimes/Offenses; Georgia Bureau of Investigation investigate certain offenses against minors, including subpoena power

- BILL SUMMARY: Creates the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007 – current law contains at OCGA 16-12-100.2 the "Computer Pornography and Child Exploitation Prevention Act of 1999." Adds to the Act the definition of "electronic device" so as to punish those who would seek to communicate with a child for sexual purposes with an electronic device other than a computer – such as a cell phone, video game system, or any other electronic device that could be used in furtherance of exploiting a child for sexual purposes. Would subject to prosecution a person within this state who seeks to exploit a child within or outside this state. Authorizes the Georgia Bureau of Investigation to investigate violations of the "Computer or Electronic Pornography and Child Exploitation Prevention Act."

- Authored By: Sen. William Hamrick of the 30th

- House Committee: Judiciary Non-Civil

- A motion to insist sends this bill back to the Senate for consideration.

MOTIONS TO AGREE

HB 30 - Housing authorities; private enterprise agreement; redefine

- BILL SUMMARY: HB 30 changes the definition of "private enterprise agreement" relating to housing authorities, to allow for more ways for housing authorities to be involved in low income housing developments. The new definition broadens what constitutes such agreement by changing "ownership of a housing project" to "ownership or operation" of such housing projects by a for profit entity in which the authority participates either directly or indirectly. The bill also adds language providing what activities may constitute such "participation" by an authority, which may include: ownership by a housing authority of an interest in the housing project through the for profit entity, or of the land on which the housing project is developed; or provision by the housing authority of a combination of funds to the for profit entity for construction costs of the housing project and funds to subsidize the operating costs of units for persons of low income.

- Authored By: Rep. Jill Chambers of the 81st

- House Committee: Ways & Means

- A motion to agree represents final passage of this bill.

HB 117 - Motor vehicles; definition; exempt certain vehicles

- BILL SUMMARY: Bill provides an exemption for motorcycle, all-terrain vehicles, and utility vehicles from the definition of a motor vehicle. Gives motorcycle dealers and brokers the same protection that is afforded farm equipment, except for the mileage provision in said bill.

- Authored By: Rep. John Heard of the 104th

- House Committee: Judiciary

- A motion to agree represents final passage of this bill.

HB 131 - Georgia HERO Scholarship; surviving spouses; change definitions

- BILL SUMMARY: This bill amends Code Section 20-3-485 of the Official Code of Georgia Annotated relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by revising paragraph (2) to include a surviving spouse of: A deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3; or a deceased member of a reserve component of the armed forces of the United States,

who was killed in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service.

- Authored By: Rep. Billy Horne of the 71st

- House Committee: Higher Education

- A motion to agree represents final passage of this bill.

HB 136 - Public policy; contract of insurance; indemnification; provisions

- BILL SUMMARY: The implementation of House Bill 136 will close a loop-hole in the current Code Section 13-8-2, which currently allows contracts of insurance to indemnify, or hold harmless, parties for damages arising in bodily injury or property damage due to a party's sole negligence. This bill specifically applies to "a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances."

- Authored By: Rep. Mike Coan of the 101st

- House Committee: Judiciary

- A motion to agree represents final passage of this bill.

HB 144 - Motor vehicles; used; sale or advertising; change certain exceptions

- BILL SUMMARY: This bill relocates the substantive provisions of O.C.G.A. 43-47-8.1 with some minor modifications from Title 43 (Professions and Businesses) to Title 40 (Motor Vehicles and Traffic) in order to make it accessible by law enforcement officers from their mobile computers. Modifications include:

•Corrections of references to the chapters.

•Language to ensure that persons with "For Sale" signs on their vehicles who pay and park in commercial parking facilities for legitimate reasons unrelated to the sale of such vehicles are not punished.

•Language that imposes misdemeanor punishment for violations of the Code section which is the same as in existing law under O.C.G.A. 43-47-22

- Authored By: Rep. Bobby Reese of the 98th

- House Committee: Regulated Industries

- A motion to agree represents final passage of this bill.

HB 193 - Sales and use tax; jet fuel; additional exemption

- BILL SUMMARY: HB 193 extends the existing sales tax exemption for sales or use of jet fuel to or by qualifying airlines. Currently, qualified airlines operating in Georgia pay the first $15 million in state sales tax plus applicable local sales taxes on purchases or use of jet fuel. Thereafter, the purchase or use of jet fuel is exempt from state and local sales tax except for local option sales taxes for educational purposes which become effective before July 1, 2005. This exemption is currently set to expire on July 1, 2007. HB 193 would extend this exemption to July 1, 2009. GSU Fiscal Research Center estimates the revenue impact on state revenues to be $22.6 million per year, and local impact is expected to be $11.3 million. Based on their research, it appears that only Delta has fuel expenses that would clearly be capped by this provision. "Qualifying airline" is defined as any person which is authorized by the Federal Aviation Administration or appropriate agency of the US to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire.

- Authored By: Rep. Mark Burkhalter of the 50th

- House Committee: Ways & Means

- A motion to agree represents final passage of this bill.

HB 197 - Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal

- BILL SUMMARY: Terminates the right of a defendant to have a sentence of 12 years or more reviewed by a three-judge panel. Current law provides that a defendant shall have the right to have a sentence of 12 or more years reviewed by a three-judge panel that will examine the sentence in light of the nature of the crime and the defendant’s prior criminal record to determine whether it is excessively harsh. No new sentences will be reviewed as of July 1, 2007, except for those sentences imposed prior to July 1, 2007; those must be received by September 1, 2007; any sentence with a review pending as of September 1, 2007 shall have its review completed by November 1, 2008. The president of The Council of Superior Court Judges of Georgia will cause all administrative measures necessary to conclude the business of the three-judge panel to be completed no later than January 1, 2009. All documents related to the activities of the three-judge panel are to be transmitted to the Department of Archives and History and all equipment and supplies will be distributed to judges of the superior courts. Any fees or expenses due will be paid out of funds that are appropriated for the operation of the superior courts in FY 2009.

- Authored By: Rep. Barry Fleming of the 117th

- House Committee: Judiciary Non-Civil

- A motion to agree represents final passage of this bill.

HB 325 - Waycross and Ware County Industrial Development Authority; revenue bonds issuance; change certain provisions

- BILL SUMMARY: A Bill to amend the Act creating the Waycross and Ware County Industrial Development Authority so as to require that prior to the issuance of revenue bonds under the Revenue Bond Law for purposes of an undertaking that is a landfill, such proposal shall be subject to approval by a referendum in Ware County.

- Authored By: Rep. Mark Hatfield of the 177th

- House Committee: Intragovernmental Coordination - Local

- A motion to agree represents final passage of this bill.

HB 370 - Elbert County; office of magistrate judge; nonpartisan elections; provide

- BILL SUMMARY: No Summary Available

- Authored By: Rep. Tom McCall of the 30th

- House Committee: Governmental Affairs

- A motion to agree represents final passage of this bill.

HB 389 - Public transportation; limousine carrier; change definition; provisions

- BILL SUMMARY: Amends code section relating to public utilities and public transportation. This bill will change the definition of ‘motor common carrier’ to include every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or property, or both, on the public highways of Georgia as a common carrier. This term also includes, but is not limited to limousine carriers.

New code sections added include:

46-7-85.18

All advertisements have to include an authorization number from the Public Service Commission.

46-7-85.9

Each limousine carrier must have insurance with a company authorized to do business in Georgia. The policy will provide for the protection of passengers and property against injury caused by the carrier’s negligence. The commission determines and fixes the amounts, provisions, and limitations of the insurance for the carriers.

46-7-85.20

The commission is authorized to enforce the new code sections. Further authorization is granted to the commission to hear petitions from third parties who assert that the carrier has violated either section and may impose the penalties set out in Code Sections 46-7-90 and article 5 of Chapter 2 of this title.

46-7-85.21

Authority of the Public Service Commission granted herein applies to all vehicles listed in paragraph 5 of Code Section 46-7-85.1 that are managed, operated, owned, leased, rented or controlled by a carrier.

- Authored By: Rep. Jeff Lewis of the 15th

- House Committee: Energy, Utilities & Telecommunications

- A motion to agree represents final passage of this bill.

HB 413 - Sales and use tax; joint county and municipal; change certain provisions

- BILL SUMMARY: HB 413 provides for a sales tax exemption on property sold to or used in the construction of the Chattahoochee nature center. This bill is drafted to apply only to this nature center, by specifying that the nature center must be constructed on or after the effective date of this legislation, must be located on a parcel between 120 and 150 acres, and must have aggregate costs of $8 million or more. This exemption shall not exceed $350,000 in the aggregate, and this exemption will be applicable for the time period from April 1, 2007 to June 30, 2009.

- Authored By: Rep. Charles Martin of the 47th

- House Committee: Ways & Means

- A motion to agree represents final passage of this bill.

HB 424 - Workers' compensation; claim filings; benefits; examinations; provisions

- BILL SUMMARY: Claims filed with the Worker’s Compensation Board for which no benefits have been paid after July 1, 2007, will be dismissed with prejudice by operation of law if no hearing has been held within five years of the alleged date of injury; this change will not apply to claims filed for an occupational disease as defined by OCGA 34-9-280; the form used by the Board for filing claims will contain notice of this new provision. In cases where rehabilitation is required, employers will now have 20 days from the date of notification of the requirement to select a rehabilitation supplier; Current law provides for 15 days. Injured employee examinations may now include physical, psychiatric and psychological exams; charges for prescriptions and other items will be subject to Board approval; charges by physicians and hospitals are currently subject to Board approval. The total maximum compensation rate per week is raised from $450.00 to $500.00 and the total minimum is raised from $45.00 to $50.00; the minimum under which the employer shall pay the total weekly wage is raised from $45.00 to $50.00; the rate at which employers shall make disability payments is raised from $300.00 per week to $334.00 per week; the length of time (350 weeks) is not changed.

- Authored By: Rep. Mike Coan of the 101st

- House Committee: Industrial Relations

- A motion to agree represents final passage of this bill.

HB 430 - Property; railroads; provisions

- BILL SUMMARY: HB 430 excludes lands owned by railroad corporations and companies from adverse protection claims, prescription of incorporeal rights, and establishment of private ways by prescription. The exclusion of such lands applies only to railroad property that has been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or company has made a documented decision that it will not restore operations.

- Authored By: Rep. David Ralston of the 7th

- House Committee: Judiciary

- A motion to agree represents final passage of this bill.

HB 528 - Cosmetic laser practitioners; registration certificates; provisions

- BILL SUMMARY: This bill:

•Defines the terms of ‘cosmetic laser practitioner’ and ‘cosmetic laser services’.

•Adds the requirement for one member of the State Board of Cosmetology to have at least 10 years of experience as a cosmetic laser practitioner at the advanced level.

•Brings the individuals pursuing the occupation of cosmetic laser practitioner under the supervision of the State Board of Cosmetology by requiring such individuals to obtain a cosmetic laser practitioner certificate of registration.

•Adds provisions for the process of obtaining such certificates and for continuing education.

- Authored By: Rep. Charles Martin of the 47th

- House Committee: Regulated Industries

- A motion to agree represents final passage of this bill.

HB 536 - Vehicles and loads; fines for excess weight; provisions

- BILL SUMMARY: Article 2 of Chapter 6 of Title 32 of the OCGA is amended in Code Section 32-6-26, relating to weight of vehicle and load, by revising subsection (g). Weight limitations provided in this subsection may be exceeded on any public road of this state that is not an interstate highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when: 1. hauling forest products from the forest to the first point of marketing or processing; hauling live poultry or cotton from farm to processing plant; hauling feed from feed mill to farm; hauling granite, or any other naturally

occurring raw ore or mineral for further processing; hauling solid wasted or recovered materials from points of generation to a solid waste handling facility; or hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer in the same or adjoining county.

No lift axle may be used in the computing of the total gross weight authorized for any vehicle or load under this paragraph.

Any vehicle hauling the above items or agricultural or farm product from a farm to the first point of marketing or processing shall be permitted a 5% variance from the weight limitations in the above paragraph within a 100 mile radius of the farm or point of origin. Any violators will be fined on the basis of the weight limitations of paragraph (1) of the code section, including the variance granted.

Any vehicle carrying a load permitted in this subsection at night shall have lights that are clearly visible for a distance of not less than 300 feet from the rear of the vehicle.

The article is further amended in Code Section 32-6-27 relating to the enforcement of load limitations by revising paragraph (1) of subsection (a) to include applicable variances to the fines for excess weight over limitations set forth by Georgia law.

- Authored By: Rep. Johnny Floyd of the 147th

- House Committee: Transportation

- A motion to agree represents final passage of this bill.

MOTIONS TO DISAGREE

HB 134 - Local governments; bid bonds; cash; change certain provisions

- BILL SUMMARY: A Bill to provide that local governments may accept irrevocable letters of credit issued by a bank or savings and loan association in lieu of a bid bond which does not exceed $750,000. Under current law the bid bond ceiling in lieu of such letters of credit is $300,000.

- Authored By: Rep. Terry England of the 108th

- House Committee: Intragovernmental Coordination

- A motion to disagree sends this bill back to the Senate for consideration.

HB 148 - Sales and use tax; aquariums; provide exemption

- BILL SUMMARY: HB 148 changes the effective dates of the sales tax exemption on sales of tangible personal property to, or used in construction of aquariums in Georgia that are owned or operated by a non-profit organization. The current dates in the code are "from the effective date of this paragraph" until January 1, 2007. This bill changes the dates to June 4, 2003 through January 1, 2011. This bill also provides that the exempt construction related sales may include expansion related sales to aquariums. The bill adds language clarifying that the exemption will apply only to aquariums in this state, which would be the Georgia Aquarium, and not to out of state aquariums that may purchase materials in Georgia, such as the Tennessee Aquarium. The fiscal impact is expected to be a decrease of $4 million in state revenues over fiscal years 2007 through 2011, and a decrease of $4 million in local government revenues over the same period.

- Authored By: Rep. Mark Burkhalter of the 50th

- House Committee: Ways & Means

- A motion to disagree sends this bill back to the Senate for consideration.

HB 162 - Sales and use tax; performing arts amphitheater facilities; provide exemption

- BILL SUMMARY: The purpose of HB 162 is to allow the Atlanta Symphony Orchestra a sales tax exemption in connection with construction of a performing arts facility in Alpharetta. HB 162 creates a sales tax exemption for sales of tangible personal property to or used in direct connection with the construction of a performing arts amphitheater facility owned or operated by a non-profit, for the time period of June 1, 2007 through June 30, 2008. Such a facility would be required to have costs in excess of $30 million and more than 60,000 square feet of space, and must have associated facilities including parking. This exemption applies only to facilities which are constructed after the effective date of this bill.

- Authored By: Rep. Charles Martin of the 47th

- House Committee: Ways & Means

- A motion to disagree sends this bill back to the Senate for consideration.

HB 168 - Associate juvenile court judges; appointment; change qualifications

- BILL SUMMARY: Amends qualifications for juvenile court judges to require that each associate juvenile court judge have the same qualifications as required for a juvenile court judge, including being at least 30 years old, having been a citizen of the state for at least three years and having practiced law for at least five years.

- Authored By: Rep. Robert Mumford of the 95th

- House Committee: Judiciary Non-Civil

- A motion to disagree sends this bill back to the Senate for consideration.

HB 186 - Sales and use tax; certain alternative fuel facilities; five year exemption

- BILL SUMMARY: HB 186 creates a sales tax exemption for sales of tangible property to, or used in or for the new construction of, a new alternative fuel facility in Georgia which is dedicated to the production and processing of ethanol, biodiesel, and butanol, when such fuels are derived from biomass materials. Biomass materials may include agricultural products, animal fats, or the wastes of such products or fats. The term "used in or for the construction" means when tangible personal property loses its character of tangible personal property when it is incorporated into a new facility. The term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. The exemption will apply to sales occurring during the period July 1, 2007 through June 30, 2009. The bill specifies that the exemption applies when construction of the facility has begun on or after the effective date of this bill. The bill will not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, or butanol has begun at the facility.

- Authored By: Rep. Jim Cole of the 125th

- House Committee: Ways & Means

- A motion to disagree sends this bill back to the Senate for consideration.

HB 208 - School councils; parent members; majority; provide

- BILL SUMMARY: This bill amends Code Section 20-2-86 of the O.C.G.A. relating to the operation of school councils. The bill changes the language so that the parent members make up a majority on the school council and that the chairman is to be a parent member.

- Authored By: Rep. Jan Jones of the 46th

- House Committee: Education

- A motion to disagree sends this bill back to the Senate for consideration.

HB 219 - Certain local sales and use tax; motor fuels; prepayments; provisions

- BILL SUMMARY: HB 219 provides for local prepaid motor fuel taxes to be collected in the same manner as state prepaid motor fuel taxes. The bill provides that the same prices set out in the section on prepaid taxes at the state level shall be used to compute the prepaid tax rate for local jurisdictions by multiplying such price by the applicable rate imposed by the jurisdiction. This price is the statewide average retail price by motor fuel type as compiled by the Energy Information Agency of the US Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes impose by the first motor fuel tax. The bill also adds a new paragraph to the code section on refunds of motor fuel taxes which provides for a credit or refund in the case when a distributor purchases motor fuel that the prepaid tax was imposed on (pursuant to the code section that imposes the second local motor fuel tax), and then sells such fuel to a governmental entity that is totally or partially exempt from the tax. The amount of the credit is the prepaid sales tax rate multiplied by the gallons of motor fuel purchased by the exempt entity.

- Authored By: Rep. Richard Royal of the 171st

- House Committee: Ways & Means

- A motion to disagree sends this bill back to the Senate for consideration.

HB 225 - State income tax; certain college savings plans; change certain provisions

- BILL SUMMARY: HB 225 removes certain requirements for deducting contributions to certain college savings plans, beginning in 2007. The bill removes the requirement that the beneficiary must be claimed as a dependent on the Georgia income tax return of the beneficiary’s parents or guardians. It also removes the maximum federal adjusted gross income amounts, and the requirement that the parent or guardian be the account owner of the designated beneficiary’s account.

- Authored By: Rep. Richard Royal of the 171st

- House Committee: Ways & Means

- A motion to disagree sends this bill back to the Senate for consideration.

HB 233 - Long-term Care Facility Resident Abuse Reporting Act; change definition

- BILL SUMMARY: Adds to the definition of the term "exploitation" in Code Sections 30-5-3 and 31-8-81 to include the improper use of a disabled or elder person’s resources and/or property through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means

- Authored By: Rep. David Ralston of the 7th

- House Committee: Judiciary Non-Civil

- A motion to disagree sends this bill back to the Senate for consideration.

HB 340 - PeachCare; threshold income amount for eligibility; revise

- BILL SUMMARY: This bill would lower the threshold for eligibility in the Peachcare for Kids program to 200% of FPL, while granting the Board of Health the authority to revise this number to between 185% and 225% of FPL.

- Authored By: Rep. Glenn Richardson of the 19th

- House Committee: Health & Human Services

- A motion to disagree sends this bill back to the Senate for consideration.

HB 374 - Hotel motel tax; definitions; change certain provisions

- BILL SUMMARY: HB 374 seeks to provide clarification to hotel/motel tax provisions. The bill moves certain definitions related to the hotel motel tax from later sections into the code section with other definitions on this tax at the beginning of the Article. These definitions include "private sector nonprofit organization", "state authority", "charitable trust", "functionally related business", "fund" or "funding", and "local authority".

- Authored By: Rep. James Mills of the 25th

- House Committee: Ways & Means

- A motion to disagree sends this bill back to the Senate for consideration.

HB 451 - Georgia Tourism Development Act; enact

- BILL SUMMARY: The purpose of HB 451 is the promotion and development of tourism attractions in Georgia. The bill provides that companies seeking to undertake a tourism attraction project (real estate acquisitions, construction, utilities installation) may be granted a sales and use tax refund for state and local sales taxes generated by or arising at the tourism attraction. "Tourism attractions" may include cultural or historic sites, recreation or entertainment facilities, areas of natural phenomenon or beauty, convention hotels and conference centers, race tracks with lodging, and golf facilities with lodging. "Tourism attractions" may not include facilities primarily devoted to retail sales, shopping centers, restaurants, movie theaters, performing arts facilities, Georgia crafts and project centers, or recreational facilities that are not likely to draw overnight guests in commercial lodging facilities.

The bill provides for the commissioner of economic development to establish standards for the filing of applications for tourism attraction projects by administrative regulations, and specifies what must be included in applications filed with this department. Such applications must include marketing plans, description and location of the project, capital and other anticipated expenditures and anticipated sources of funding, business plans indicating the average number of days per year the project will be in operation, and anticipated revenues to be generated. Approval may be granted if the project shall attract at least 50% of its visitors from out of state residents, will have approved costs in excess of $25 million, will have a positive impact on Georgia tax revenues (after refunds), will produce sufficient revenues and public demand to be operating at least 250 days per year, and will not adversely impact existing employment in Georgia.

Upon approval of the application, the terms of the agreement between the company and the Department of Economic Development which grants the refund shall be ten years, and the total sales tax refund allowed over the term of the agreement is equal to the lesser of the total amount of sales tax liability of the approved company and its lessees or 25% of the approved costs for the project. The terms of such agreement must also include the projected amount of approved costs and the date the company will have completed the project and begun operations. "Tourism attractions" may include cultural or historic sites, recreation or entertainment facilities, areas of natural phenomenon or beauty, convention hotels and conference centers, race tracks with lodging, and golf facilities with lodging. "Tourism attractions" may not include facilities primarily devoted to retail sales, shopping centers, restaurants, movie theaters, performing arts facilities, Georgia crafts and project centers, or recreational facilities that are not likely to draw overnight guests in commercial lodging facilities.

- Authored By: Rep. Jeff Lewis of the 15th

- House Committee: Ways & Means

- A motion to disagree sends this bill back to the Senate for consideration.

HB 559 - Health insurance; charter school teachers and employees; provisions

- BILL SUMMARY: This bill relates to health insurance plans for teachers and other school personnel in elementary and secondary education, so as to provide for teachers and employees of charter schools to be considered employees for purposes of participating in the health insurance plans for teachers and other school personnel.

- Authored By: Rep. Margaret Kaiser of the 59th

- House Committee: Education

- A motion to disagree sends this bill back to the Senate for consideration.

HB 587 - Gas; public convenience and necessity certificates; provide for revocation

- BILL SUMMARY: Amends article 2 of Chapter 4 of Title 46 by adding a new subsection to Code Section 46-4-28. The new section (a.1) states that any certificate issued under this article shall be revoked or amended by the Public Service Commission upon application to the commission by a person to provided natural gas to customers who have requested natural gas service if the holder of the certificate has failed to begin construction or operation of any pipeline, or distribution system, or any extension thereof in substantially all of the territory covered by such certificate. The Commission shall determine whether the applicant shall be entitled to a certificate for the territory that has been excluded from the certificate or whether the territory should be re-issued to the person who held the certificate at the time of application. This determination shall be made within 90 days of the application and shall consider factors such as whether the applicant can offer service at less cost in accordance with a commission approved line extension policy and other factors the commission deems in the public interest. The newly certified area shall be designed by the commission to serve the customers in question while ensuring a boundary with safety and public welfare as the focus.

- Authored By: Rep. Jeff May of the 111th

- House Committee: Energy, Utilities & Telecommunications

- A motion to disagree sends this bill back to the Senate for consideration.

HB 748 - Suwanee, City of; Redevelopment Powers Law; authorize

- BILL SUMMARY: A Bill to authorize the City of Suwanee to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization.

- Authored By: Rep. Bobby C Reese of the 98th

- House Committee: Intragovernmental Coordination - Local

- A motion to disagree sends this bill back to the Senate for consideration.

RULES CALENDAR

HR 531 - Ralph Lively Memorial Highway; dedicate

- BILL SUMMARY: This resolution dedicates the portion of US 78 from the US 27 bypass in Bremen, Georgia to Pine Grove Road, west of Bremen, in Haralson County, as the Ralph Lively Memorial Highway.

- Authored By: Rep. Mark Butler of the 18th

- House Committee: Transportation

- Rule: Open

- Amendments(s): N/A

- Yeas: 147; Nays: 0

SB 5 - Secure and Verifiable Identity Document Act; drivers' licenses; provisions

- BILL SUMMARY: In 2005, Congress passed, as part of a supplemental budget bill, the Real ID act. Real ID is intended to ensure driver's licenses in all fifty states meet certain security measures. Some of those measures will require states to obtain personal information (including Biometrics) on license holders. This bill will allow the Governor of Georgia to withhold from the Department of Homeland Security personal information collected by the Georgia Department of Driver's Services until he is satisfied that the information will be stored and handled securely.

- Authored By: Sen. Mitch Seabaugh of the 28th

- House Committee: Motor Vehicles

- Rule: Open

- Amendments(s): N/A

- Yeas: 151; Nays: 2

SB 9 - Grade Integrity Act; provide ethical violation reportable to Professional Standards Commission; statutory construction

- BILL SUMMARY: This bill provides that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner by the local board of education, superintendent, or any local school administrator to change the grade of a student.

- Authored By: Sen. Chip Rogers of the 21st

- House Committee: Education

- Rule: Open

- Amendments(s): N/A

- Yeas: 163; Nays: 1

SB 23 - Criminal Sentencing Procedure; probation/suspension; court may inquire/consider the legality of prisoner's presence in United States

- BILL SUMMARY: Would allow a sentencing court to inquire whether a person to be sentenced is lawfully present in the United States under federal law

Would allow the Board of Pardons and Paroles to inquire whether a person to be paroled is lawfully present in the United States under federal law

If the Court or the Board of Pardons and Paroles determines that an individual is not lawfully in the United States the court or the Board shall inquire as to whether that person could be subject to deportation

If the Court or the Board determines that that individual is subject to deportation it may take into consideration when making its decision regarding probation or suspended sentence or parole whether it is likely that deportation could intervene and frustrate the state interest if probation or parole is granted

If the Court or the Board determines that deportation will frustrate the state interest the court or the Board is authorized to decline to probate, suspend or parole the offender in furtherance of the state interest

- Authored By: Sen. John Douglas of the 17th

- House Committee: Judiciary Non-Civil

- Rule: Open

- Amendments(s): N/A

- Yeas: 153; Nays: 6

SB 60 - Georgia Trauma Commission; establish

- BILL SUMMARY: This bill would set up the Georgia Trauma Commission, a key recommendation of the Joint Comprehensive Trauma System Study Committee (2006). The bill provides for the composition, duties, and powers of the Commission as well as mandating the Commission's mission of coordinating and improving the state's existing trauma systems, and eventually creating an integrated trauma network. The Commission would have the authority to devise a means to reimburse providers for trauma care as well as appropriate money from the Trauma Fund to achieve various ends, with the long term goal of bringing deaths from traumatic injuries to parity with the national average in this state.

- Authored By: Sen. Cecil Staton of the 18th

- House Committee: Health & Human Services

- Rule: Open

- Amendments(s): N/A

- Yeas: 158; Nays: 1

SB 77 - Commercial Vehicles; local tag agents; International Registration Plan

- BILL SUMMARY: This bill will require the Georgia Department of Revenue to create an electronic filing system for the registration of commercial vehicles under the International Registration Plan.

- Authored By: Sen. Tommie Williams of the 19th

- House Committee: Motor Vehicles

- Rule: Open

- Amendments(s): N/A

- Yeas: 156; Nays: 0

SB 106 - Bonds; surety for good behavior; extend the period

- BILL SUMMARY: Extends the period for which the court may require a bond with a surety for good behavior from 60 days to up to 6 months.

- Authored By: Sen. William Hamrick of the 30th

- House Committee: Judiciary Non-Civil

- Rule: Open

- Amendments(s): N/A

- Yeas: 154; Nays: 0

SB 115 - Residential/General Contractors; revise the licensure provisions

- BILL SUMMARY: This bill:

•Revises the procedure for obtaining residential and general contractor licenses as well as the procedure for renewing such licenses.

•Adds various powers to the State Licensing Board for Residential and General Contractors.

•Allows the board to contract for the development and administration of examinations.

•Revises and provides for penalties for intentionally attempting to evade licensing requirements.

•Sets exceptions to licensing requirements and provides for a period to file applications for exemption.

- Authored By: Sen. David Shafer of the 48th

- House Committee: Regulated Industries

- Rule: Open

- Amendments(s): N/A

- Yeas: 163; Nays: 0

SB 128 - Child Advocate, Office of; provide confidentiality of records

- BILL SUMMARY: Bill amends O.C.G.A. § 15-11-174 so as to require the Office of the Child Advocate to keep all records confidential as set forth in O.C.G.A. 49-5-40 and 49-5-44. Bill further requires that any individual who wishes to obtain said records, request them from the original agency in which they originated. Adds provisions requiring notice be given to foster parents of any hearings. Bill further requires that, when age appropriate, the child in question be consulted about any proposed permanency or transition plan.

- Authored By: Sen. Joseph Carter of the 13th

- House Committee: Judiciary

- Rule: Open

- Amendments(s): N/A

- Yeas: 155; Nays: 0

SB 176 - State Forestry Commission; reports to General Assembly; change certain provisions

- BILL SUMMARY: Current law requires the State Forestry Commission (Commission) to annually submit reports to the General Assembly showing the condition of the forest resources of the state, with particular reference to the protection, preservation, and propagation of timber growth. This legislation requires the Commission, in addition to the above reports, to submit reports every five years to the General Assembly verifying the ability of forest resources in this state to meet the needs of the present generation without compromising the ability to meet the needs of future generations. However, the first report is not due until July 1, 2008.

- Authored By: Sen. Ross Tolleson of the 20th

- House Committee: Natural Resources & Environment

- Rule: Open

- Amendments(s): N/A

- Yeas: 157; Nays: 0

SB 200 - Georgia Smart Infrastructure Growth Act; creation

- BILL SUMMARY: This legislation authorizes the creation of Infrastructure Development Districts. This legislation will only become effective January 1, 2009 upon the ratification of Senate Resolution 309. Senate Resolution 309 proposes an amendment to the Georgia State Constitution to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts. Voters in Georgia will vote in a state-wide referendum to accept or reject the proposed amendment.

- Authored By: Sen. Johnny Grant of the 25th

- House Committee: Economic Development & Tourism

- Rule: Modified-Open

- Amendments(s): N/A

- Yeas: N/A; Nays: N/A

SB 205 - Prescription Medication Integrity Act

- BILL SUMMARY: Creates the "Prescription Medication IntegrityAct." Defines terms related to pharmaceuticals distributors, warehousing and licensing of pharmaceutical products. Requires that each person engaged in wholesale distribution of prescription drugs maintain inventories and records – including the pedigree for all prescription drugs – in accord with rules and regulations adopted by the State Board of Pharmacy. The Board will conduct a study of the distribution of prescription drugs and will establish a mandated implementation date for electronic pedigrees no sooner than December 31, 2011. No provision of the Article will be effective until the General Assembly appropriates reasonable funds for administration of the Article. The pedigree will include all necessary identifying information on each sale of the produce from the manufacturer to the final sale by the pharmacy. If the Board finds that there have been violations of the Article or that a pedigree has been falsified or that the prescription drug can cause serious health problems it will issue an order requiring the cessation of distribution of the drug in this state. It will be unlawful for a person to perform or aid in selling a prescription drug to a person not authorized to receive it;

failing to maintain or provide pedigrees; failing to obtain a pedigree; providing false information or obtaining a prescription drug by fraud. Engaging without knowledge in the distribution of drugs in violation of the Article may incur a fine of not more than $10,000.00; in a grossly negligent manner will incur imprisonment for not more than 15 years or a fine of $50,000.00 or both; knowingly engaging will be a felony punished by not more than 25 years, a fine not to exceed $500,000.00 or both.

- Authored By: Sen. Don Thomas of the 54th

- House Committee: Judiciary Non-Civil

- Rule: Open

- Amendments(s): N/A

- Yeas: 162; Nays: 0

SB 210 - Secretary of State; authorize to designate/establish facilities; government agency as a branch depository; Division of Archives/History

- BILL SUMMARY: This bill amends Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History. This will authorize the Secretary of State to designate and establish facilities occupied by a government agency as a branch depository. It will provide that the division of Archives and History shall own and operate any equipment necessary to manage and retain control of electronic archival records. However, it may contract third parties for services related to the management of such records.

- Authored By: Sen. George Hooks of the 14th

- House Committee: State Institutions & Property

- Rule: Open

- Amendments(s): N/A

- Yeas: 163; Nays: 0

SB 225 - Redevelopment; require training with programs; create Redevelopment Powers Training Board

- BILL SUMMARY: A Bill to amend Title 36, Chapter 44 of the O.C.G.A. relating to redevelopment powers by adding a new Code Section, 36-44-5.1, so as to require that at any time after the passage of a local Act approving the exercise of redevelopment powers and prior to the date of the public hearing on the proposed redevelopment plan, but no later than 12 months after the date of approval of the referendum required under Code Section 36-44-22, each member of the redevelopment agency, each member of the local legislative body, and each member of the affected local board of education shall attend and complete at least three hours of training on redevelopment powers and programs and tax allocation districts. Such training shall be provided by an accredited university of this state or by a nonprofit membership association, the membership of which comprises local governing authorities in this state, which authorities shall include municipalities, counties, or school districts. The training shall only be required with respect to tax allocation districts created on or after July 1, 2007. The bill also adds a new Code Section, 36-44-9, to define the scope of review by boards of education in determining whether to consent to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments. The boards of education shall not make an independent inquiry as to the eligibility of the area for designation as a redevelopment area, shall accept the findings made by the local legislative body and shall not substitute its judgment as to those findings for the judgment of the local legislative body, and shall not consider estimates or projections as to the amount of educational ad valorem property taxes that would be included in the tax allocation increment that might be attributable to appreciation of property values within the tax allocation district that may occur even without the redevelopment outlined in the redevelopment plan. The bill was substituted in committee to ensure that the costs of the training will come from the local governing authority.

- Authored By: Sen. Doug Stoner of the 6th

- House Committee: Intragovernmental Coordination

- Rule: Open

- Amendments(s): N/A

- Yeas: 126; Nays: 36

SB 226 - Qualified Soil Scientists; evaluations/reports shall be accepted by Dept. of Natural Resources/Dept. Human Resources

- BILL SUMMARY: This bill defines the 'Public practice of soil science,' and would allow certain persons meeting the requirements specified in the legislation to perform certain work or services relating to soils for the Georgia Department of Natural Resources. Currently, soil scientists are able to perform soil evaluations/services for the Georgia Department of Human Resources and local health departments for on-site sewage management systems. Under this bill, soil scientists could perform services for certain aspects of permitting and corrective action plans for the Georgia Department of Natural Resources.

- Authored By: Sen. Seth Harp of the 29th

- House Committee: Natural Resources & Environment

- Rule: Open

- Amendments(s): N/A

- Yeas: 155; Nays: 0

SB 234 - Secretary of State; collect a filing fee for certificates of conversion; Georgia corporation to foreign corporation

- BILL SUMMARY: Creates a new subsection under Title 14 which requires that a certificate of conversion be filed with the Secretary of State and also sets a fee of $95.00 for filing a certificate of conversion.

- Authored By: Sen. Bill Cowsert of the 46th

- House Committee: Judiciary

- Rule: Open

- Amendments(s): N/A

- Yeas: 155; Nays: 0

SB 246 - Buildings; advisory committee on industrialized buildings; appointment/vacancies; change composition

- BILL SUMMARY: Amends provisions related to the appointment and vacancies of members to the Advisory Committee on Industrialized Buildings. Members will be appointed to four-year terms and will not serve more than two terms. Vacancies, when filled, must be filled by persons meeting the same requirements as the person previously holding the position. To be eligible to serve each member must remain actively involved in the profession or industry of his or her appointed position – when such person ceases to meet the appropriate criteria, his or her position shall be deemed vacated. Members will include -- Two members who are either licensed design professionals, electrical engineers architects or mechanical engineers; One member who is a building code enforcement officer; One member from the residential industrialized building industry; One member from the commercial industrialized building industry; One member from the industrialized building installation industry; One member who is an elected member of the governing body of a municipality; One member who is an elected member of the governing body of a county; One member from the

industrialized building evaluation-inspection service; One member from a regional development center; and One member appointed by the Commissioner of the Department of Community Affairs.

- Authored By: Sen. Jeff Mullis of the 53rd

- House Committee: Industrial Relations

- Rule: Open

- Amendments(s): N/A

- Yeas: 159; Nays: 0

SB 263 - Soil/Water Conservation Districts; number/boundaries; alteration of existing districts/formation of new districts; change certain provisions

- BILL SUMMARY: This bill would move elections of soil and water conservation district supervisors from an annual requirement to even-numbered years to be elected during the general election cycle. This would reduce the burden on taxpayers and local governments by not requiring an election of soil and water conservation district supervisors when there is no general election being held. The bill also provides for the election of successors in the case of office vacancies and provides for staggered election of offices based upon the expiration of current terms.

- Authored By: Sen. John Bulloch of the 11th

- House Committee: Natural Resources & Environment

- Rule: Open

- Amendments(s): N/A

- Yeas: 158; Nays: 0

SB 298 - Pulaski County; office of probate judge; nonpartisan elections

- BILL SUMMARY: A Bill to provide for the nonpartisan election of the probate judge of Pulaski County.

- Authored By: Sen. Ross Tolleson of the 20th

- House Committee: Intragovernmental Coordination

- Rule: Open

- Amendments(s): N/A

- Yeas: 135; Nays: 20

SR 30 - Joint Study Committee on State Stroke System of Care; create

- BILL SUMMARY: The resolution would provide for the Joint House & Senate Study Committee on the State Stroke System of Care, charged with examining and reporting on an improved method for treating and preventing strokes.

- Authored By: Sen. Don Thomas of the 54th

- House Committee: Health & Human Services

- Rule: Open

- Amendments(s): N/A

- Yeas: 147; Nays: 0

SR 139 - Congress; urged to raise allowable deduction for health savings accounts

- BILL SUMMARY: SR 139 urges Congress to raise the amount of allowable deductions for contributions to health savings accounts. Currently, deductions for contributions to HSAs are limited to a maximum of $2850 for self-only coverage and $5650 for families. The resolution also urges Congress to allow persons age 45 and older to deduct up to $10,000 each year as "catch up" contribution. Currently, only persons aged 55 and older may deduct extra "catch up" contributions, and only in the amount of $800 in 2007. The resolution also urges Congress to allow all individuals to pay for their health insurance premiums with pre-tax dollars. Currently, only persons who pay health insurance premiums through certain employer "cafeteria plans" may take full advantage of paying for health insurance with pre-tax dollars. The resolution states that aiding citizens in funding their health insurance costs to utilize HSAs could improve the provision and affordability of health care services.

- Authored By: Sen. Judson Hill of the 32nd

- House Committee: Ways & Means

- Rule: Open

- Amendments(s): N/A

- Yeas: 157; Nays: 0

SR 249 - Public Property; conveyance; granting of easements for facilities, utilities 6 counties

- BILL SUMMARY: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, ingress, egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb, Floyd, Gwinnett, Muscogee, Paulding, and Ware counties of Georgia.

- Authored By: Sen. Johnny Grant of the 25th

- House Committee: State Institutions & Property

- Rule: Open

- Amendments(s): N/A

- Yeas: 147; Nays: 0

SR 309 - Infrastructure Development Districts; provide by general law the creation and comprehensive regulation-CA

- BILL SUMMARY: This resolution proposes an amendment to the Georgia State Constitution to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts. However, infrastructure development districts may only be created when approved: by a county governing authority when the entire district is proposed to be in the unincorporated area of a county; by a municipal governing authority when the entire district is proposed to be wholly within the municipality; or both a county governing authority and a municipal governing authority when the district is proposed to be partially in the unincorporated area of a county and partially in a municipality. Voters in Georgia will vote in a state-wide referendum to accept or reject the proposed amendment.

The purpose of an infrastructure development district will be the creation, provision, and expansion of such infrastructure services and facilities as provided for by general law. The governing body of such infrastructure development district may be authorized to levy, impose, and collect taxes, fees, and assessments within the district. The governing body of an infrastructure development may incur debt, but will not be an obligation of Georgia or any entity unit of government of Georgia. Infrastructure development districts will not limit the authority of any county or municipality to provide services or facilities within the infrastructure development district, nor will the infrastructure development districts interfere with any authority or control of county or municipal facilities located within each district. Also, the governing body of the infrastructure development district will not have the power of eminent domain.

- Authored By: Sen. Johnny Grant of the 25th

- House Committee: Economic Development & Tourism

- Rule: Structured

- Amendments(s): N/A

- Yeas: N/A; Nays: N/A

* The House will reconvene Friday, April 20, at 10:00 AM, for its 40th Legislative Day of the 1st Regular Session of the 149th General Assembly.

______________________________________________________________________________________________________________

The Committee on Rules has fixed the calendar for the 40th Legislative Day, Friday,

April 20, and bills may be called at the pleasure of the Speaker.

RULES CALENDAR FOR NEXT LEGISLATIVE DAY

HR 49 - House Mental Health Professionals Study Committee; create

- BILL SUMMARY: This resolution provides for the House Mental Health Professionals Study Committee, and charges it with examining methods to abate the shortage of Mental Health Professionals in Georgia.

- Authored By: Rep. Richard A Royal of the 171st

- House Committee: Health & Human Services

- Rule: Open

HR 205 - House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices; create

- BILL SUMMARY: Creates the House Study Committee on Cellular Phone Contract, Billing, and Rebate Practices. The committee would be charged with investigating the contract, billing, and rebate practices of the cellular industry in Georgia, how it affects the citizens of this state, and other related issues. The committee would be composed of five members of the House of Representatives presently serving on the House Energy, Utilities, and Telecommunications all of whom would be appointed by the Speaker of the House. The chair of the committee would be designated by the Speaker and the chair would call all meetings. The committee would be allotted 5 meeting days. If the committee makes a report of its findings and recommendations with suggestions for legislation, the report shall be made on or before December 31, 2007.

The committee stands abolished on December 31, 2007.

- Authored By: Rep. Bob Smith of the 113th

- House Committee: Energy, Utilities & Telecommunications

- Rule: Open

HR 350 - Joint Study Committee on the State Health System; create

- BILL SUMMARY: This resolution would create the Joint Study Committee on the State Health System. The Committee is tasked with investigating the structure of all aspects of healthcare delivery in the state, in order to determine the appropriateness of certain practices, financial arrangements, and allocation of state resources.

- Authored By: Rep. Ben Harbin of the 118th

- House Committee: Health & Human Services

- Rule: Open

HR 352 - House Study Committee on Eyewitness Identification Procedures; create

- BILL SUMMARY: Creates a study committee to study the needs, conditions, issues and problems associated with eyewitness identification. The study committee will make recommendations regarding best practices for eyewitness identification procedures and evidentiary standards for admissibility of eyewitness identifications. The members of the committee will be five members of the House appointed by the Speaker.

- Authored By: Rep. Stephanie Benfield of the 85th

- House Committee: Judiciary Non-Civil

- Rule: Open

HR 375 - House Study Committee on Prison System Terrorist Recruitment; create

- BILL SUMMARY: A resolution created to have the House Study Committee on Prison System Terrorist Recruitment. This committee will be composed of five members of the House of Representatives and will be appointed by the Speaker. The Speaker will designate one member as the chairperson on the committee.

- Authored By: Rep. Martin Scott of the 2nd

- House Committee: State Institutions & Property

- Rule: Open

HR 412 - Joint Study Committee on Layperson Training in Automated External Defibrillators; create

- BILL SUMMARY: This resolution would create the Joint Study Committee on Layperson Training in CPR and Automated External Defibrillators. The Committee would investigate possible means to increase the number of citizens trained to use such lifesaving equipment.

- Authored By: Rep. Joe Wilkinson of the 52nd

- House Committee: Health & Human Services

- Rule: Open

HR 427 - House Self-employment Assistance Program; create

- BILL SUMMARY: Creates the House Self-Employment Assistance Program that would encourage and enable unemployed workers to start small businesses and would allow states to pay a self-employed allowance rather than regular unemployed benefits to these workers.

- Authored By: Rep. Virgil Fludd of the 66th

- House Committee: Industrial Relations

- Rule: Open

HR 512 - Joint Study Committee on State Health Benefit Plan Design; create

- BILL SUMMARY: This resolution creates the Joint Study Committee on State Health Benefit Plan Design.

- Authored By: Rep. Austin Scott of the 153rd

- House Committee: Governmental Affairs

- Rule: Open

HR 662 - House Georgia Bioeconomic Development Study Committee; create

- BILL SUMMARY: Creates a Georgia Bioeconomic Development Study Committee. The committee will consist of five members representing the life science industry, government, and universities. The speaker of the house shall appoint the chairperson and meet no latter than June 1, 2007, submit a report before December 31, 2007, and stand abolished February 15, 2008. The committee shall make recommendations to the General Assembly, study the need for venture capital to expand technologies in Georgia, to study the need for facilities, and study the need for a permanent board to oversee Georgia’s Bioeconomic Development Authority.

- Authored By: Rep. Charlice Byrd of the 20th

- House Committee: Special Rules

- Rule: Open

HR 663 - House Study Committee on Pain Management; create

- BILL SUMMARY: This resolution would create the House Study Committee on Pain Management. The Committee would be tasked with investigating the means of controlling severe pain with medication, and of ways to enhance the ability of providers to better manage patients pain and improve health outcomes.

- Authored By: Rep. Earl Carter of the 159th

- House Committee: Health & Human Services

- Rule: Open

HR 666 - House Study Committee on a Flexible Work Week; create

- BILL SUMMARY: Creates the House Study Committee on a Flexible Work Week that would study the impact a flexible work week would have on traffic congestion and its resulting air pollution.

- Authored By: Rep. Earl Ehrhart of the 36th

- House Committee: Industrial Relations

- Rule: Open

HR 668 - House Study Committee on Medical Education; create

- BILL SUMMARY: This resolution creates a House Study Committee on Medical Education to study the medical education system and identify ways to expand residency and clinical training as well as increase the number of medical students in Georgia.

- Authored By: Rep. Barry Fleming of the 117th

- House Committee: Higher Education

- Rule: Open

HR 721 - House Study Committee to incentivize indigent health care by physicians; create

- BILL SUMMARY: This resolution would set up the House Study Committee to incentivize indigent health care by physicians, and charge it with finding means to increase physician to indigent care by altering current incentives or creating new ones.

- Authored By: Rep. Sharon Cooper of the 41st

- House Committee: Health & Human Services

- Rule: Open

HR 790 - House Study Committee on Chronic Kidney Disease; create

- BILL SUMMARY: This resolution would create the House Study Committee on Chronic Kidney Disease. The measure provides for composition and duties, and tasks the Committee with determining appropriate measures to combat chronic kidney disease.

- Authored By: Rep. Gene Maddox of the 172nd

- House Committee: Health & Human Services

- Rule: Open

SB 10 - Georgia Special Needs Scholarship Act; provide public school students with disabilities to attend eligible private schools

- BILL SUMMARY: The "Georgia Special Needs Scholarship Act" provides scholarships for students with disabilities to attend other public or private schools. The student shall have one or more of the following disabilities:

(A) Autism

(B) Deaf/blind

(C) Deaf/hard of hearing

(D) Emotional and behavioral disorder

(E) Intellectual disability

(F) Orthopedic impairment

(G) Other health impairment

(H) Specific learning disability

(I) Speech-language impairment

(J) Traumatic brain injury

(K) Visual impairment.

Students must have spent the prior year in a public school and have a IEP Individualized Education Program written for them. The resident school systems will need to make state-wide assements available to students who desire them.

Participating schools must provide information demonstrating fiscal soundness to the Department of Education. Participating schools must regularly report to the parent and the department on the student´s progress, including, but not limited to, the results of any annual assessment given to the student, in accordance with department guidelines. Also, schools must annually provide to the parents the relevant credentials of the teachers who will be teaching their students.

A school intending to enroll scholarship students in the 2007-2008 school year shall submit an application no later than

June 30, 2007.

The maximum scholarship granted a scholarship student pursuant to this article shall be an amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system as calculated under Code Section 20-2-161.

- Authored By: Sen. Eric Johnson of the 1st

- House Committee: Education

- Rule: Modified-Open

SB 14 - Superior Court Clerks; personal property filing fees; collection/remittance; change sunset dates

- BILL SUMMARY: Bill amends O.C.G.A. § 15-6-7 so as to change the sunset dates relating to filing fees for real or personal property as well as development and implementation of state-wide automated systems to July 1, 2014. Previous sunset date was July 1, 2012.

- Authored By: Sen. Chip Rogers of the 21st

- House Committee: Judiciary

- Rule: Open

SB 19 - Transportation, Department of; pay costs of removal, relocation, or adjustment of utility facilites necessitated by construction of public roads

- BILL SUMMARY: Amends the Georgia Code relating to the authority of the Department of Transportation to pay the costs of removal and relocation of certain utility facilities necessitated by the construction of public roads without regard to whether such facilities were originally installed upon rights of way of the state highway system, a county road system, or a municipal street system, where the Department has made the determination that the payments are necessary to expedite the process or that the payments are part of the contract. The Department may also order the removal or relocation of utilities occupying any part of the public road system where improvements are going to be made. When such order is made, there will be at least 60 days' written notice. The Department and the utility will adhere to the Department's utility relocation procedures for public road improvements. If the utility does not begin removal, relocation, or adjustment within the time specified in the work plan, the Department may give the utility a final notice and the work shall commence no later than ten days from the receipt of the final notice. The owner of the utility may be responsible for and liable to the Department or its contractors for documented damages resulting solely from failure on the part of the utility to comply with requirements of the submitted and approved work plan. This bill also outlines the procedure for setting up a mediation board to hear any disputes that should arise between the utility and the Department.

- Authored By: Sen. Jim Whitehead, Sr. of the 24th

- House Committee: Transportation

- Rule: Open

SB 40 - Elections; fraudulent acts; increase penalties

- BILL SUMMARY: Punishes as a felony any fraudulent activity related to absentee voting. Any person convicted of false registration, fraudulent entries, interference with primaries and elections generally, intimidation of electors, influencing an elector while assisting, voting by an unqualified elector, voting in more than one precinct, voting by an unqualified elector, or frauds by poll workers including permitting unqualified or unregistered persons to vote shall be guilty of a felony and subject to one to ten years in prison, a fine not to exceed $100,000.00 or both.

- Authored By: Sen. Cecil Staton of the 18th

- House Committee: Judiciary Non-Civil

- Rule: Modified-Structured

SB 83 - Municipalities; change certain local government provisions

- BILL SUMMARY: This bill provides for an orderly process for the transfer of county property used for municipal services to a newly incorporated city.

- Authored By: Sen. Dan Weber of the 40th

- House Committee: Governmental Affairs

- Rule: Structured

SB 94 - Dispossessory Proceedings; clarify the process for judgments by defaults

- BILL SUMMARY: Bill amends Chapter 7 of Title 44, relating to default judgments in dispossessory proceedings, by removing the requirement that a default judgment be awarded in open court. Bill further defines non-refundable fee so as to separate it from a security deposit.

- Authored By: Sen. John Wiles of the 37th

- House Committee: Judiciary

- Rule: Open

SB 96 - Drug-Free Work Programs; provide for onsite/oral testing

- BILL SUMMARY: Would allow urinalysis conducted by laboratories, testing at the employer work-site with on-site testing kits or use of oral testing as acceptable forms of drug-free workplace employer drug testing. Adds to the list of qualified persons who may take a specimen for drug testing a person trained and qualified to conduct on-site testing or a person trained and qualified to conduct oral testing.

- Authored By: Sen. Tim Golden of the 8th

- House Committee: Industrial Relations

- Rule: Open

SB 100 - Crime; knowingly manufacturing, selling, or distributing false identification documents; increase certain penalties

- BILL SUMMARY: Changes penalties based on the age of the person for the crime of knowingly manufacturing, selling or distributing false identification documents. Any person 21 years of age or older who knowingly manufactures, sells, possesses or distributes false identification will be punished by imprisonment from one to five years, a fine or both. Any person under 21 who knowingly manufactures, sells, possesses or distributes false identification will be punished by a misdemeanor.

- Authored By: Sen. Chip Pearson of the 51st

- House Committee: Judiciary Non-Civil

- Rule: Open

SB 123 - Local Boards of Education; require twins placed in same classroom if parent requests

- BILL SUMMARY: This bill requires that twins or higher order multiples be placed in the same classroom if the parents request such placement.

- Authored By: Sen. Chip Rogers of the 21st

- House Committee: Education

- Rule: Open

SB 135 - Criminal Reproduction/Sale of Recorded Material; increase penalties; provide forfeiture of certain items

- BILL SUMMARY: Increases penalties for reproducing certain recorded material. A first conviction carries a fine of $500.00 to $25,000.00, imprisonment of one to two years to serve at least 24 hours or both; a second conviction carries a fine of $1000.00 to $100,000.00, imprisonment of one to three years to serve at least 48 hours, or both; a third conviction carries a fine of $2,000.00 to $250,000.00 imprisonment from two to five years to serve at least six days, or both. Any equipment used to violate the Code section will be subject to forfeiture. Restitution damages will consider damages to the owner of the master recording and be based on an aggregate of wholesale value of the lawfully reproduced material; restitution damages will also take any investigative costs into account.

- Authored By: Sen. William Hamrick of the 30th

- House Committee: Judiciary Non-Civil

- Rule: Open

SB 148 - Saving the Cure Act; create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; Georgia Commission for Saving the Cure

- BILL SUMMARY: This bill would create and provide for the Newborn Umbilical Cord Blood bank. Under the provisions of this bill, the state (under the auspices of the Georgia Commission for Saving the Cure) would maintain a repository of postnatal tissue and fluid, donated by new mothers after childbirth, to use as a source for stem cells and other biological materials considered useful for research into new medical processes and treatments. The Commission shall establish such bank or network of banks by June 30, 2008. By June 30, 2009, all obstetrical patients shall be informed of the bank and the donation process. The bill stipulates that any publicly funded research must conform to federal law relating to stem cell research. Finally, the bill provides for a method whereby taxpayers may contribute to the operation of the bank via tax returns.

- Authored By: Sen. David Shafer of the 48th

- House Committee: Science and Technology

- Rule: Structured

SB 188 - Foster Parents Bill of Rights; children who are privately placed; provide administrative hearing for aggrieved parties

- BILL SUMMARY: Bill amends the Foster Parents Bill of Rights, as contained in O.C.G.A. § 49-5-281, so as to include all foster parents who care for children in custody of the Department of Human Resources. Further provides that the Division of Family and Children Services incorporate said Bill of Rights into contracts when they place a child with a private agency.

- Authored By: Sen. Steve Thompson of the 33rd

- House Committee: Judiciary

- Rule: Modified-Structured

SB 212 - Public Records; disclosure to the news media; public employees

- BILL SUMMARY: Bill amends O.C.G.A. § 50-18-72(a)(11.3)(A) relating to information in public records which is exempt from public inspection so as to apply said exemption to all public employees. Previously these exemptions were only applicable to employees of the Georgia public school system.

- Authored By: Sen. Don Balfour of the 9th

- House Committee: Judiciary

- Rule: Modified-Structured

SB 222 - Advanced Practice Registered Nurse; revise definition; licensed registered nurse

- BILL SUMMARY: This bill would require that Advanced Practice Registered Nurses display their area of specialty and qualifications on a name tag while delivering care.

- Authored By: Sen. Johnny Grant of the 25th

- House Committee: Health & Human Services

- Rule: Open

SB 236 - Georgia Personal Identity Protection Act; state agencies; breach of security; personal information

- BILL SUMMARY: Defines "data collector" to include any state agency or government entity but not any agency whose records are maintained primarily for traffic safety, law enforcement or licensing purposes. Changes provision for when substitute notice of a security breach may be given: If the cost of providing notice would exceed $50,000 or the class of affected individuals exceeds 100,000. Adds address and phone number to the definition of personal information. Changes the offense of fraud: A person commits the offense of identity fraud when he or she willfully and fraudulently uses or possesses without consent information on an individual, an individual under 18 years of age over whom he or she has custody, or an individual who is deceased ; creates a counterfeit i.d. using fictitious information or an i.d. using the information from a real person who is deceased with the intent to use such i.d.; receives fraudulent information which he or she knows to be fraudulent. The offense shall not merge with any other offense. When a person learns or believes that he or she has been the victim of identity fraud the law enforcement agency with jurisdiction shall make a report and, if that agency does not have jurisdiction, shall forward it to the agency with jurisdiction. A violation by a person who is less than 21 years of age will be punishable by a fine not to exceed $5,000.00, imprisonment for one to three years or both.

- Authored By: Sen. Chip Rogers of the 21st

- House Committee: Judiciary Non-Civil

- Rule: Open

SB 251 - Motor Vehicles; require establishment by Dept. of Revenue of internet website for stolen/towed motor vehicles

- BILL SUMMARY: This bill requires the establishment by the Department of Revenue of an Internet website for stolen and towed motor vehicles. Further, it requires that each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within twelve hours.

- Authored By: Sen. Curt Thompson of the 5th

- House Committee: Motor Vehicles

- Rule: Open

SB 280 - Georgia Technology Authority; provide for construction/interpretation of the Code section

- BILL SUMMARY: This bill amends Code Section 50-25-7.7 of the Official Code of Georgia Annotated, relating to ethical standards for the executive director and employees of the Georgia Technology Authority. This will provide that an officer or employee of such authority shall not have greater than 1 percent ownership interest in entities doing business with the authority

- Authored By: Sen. Dan Moody of the 56th

- House Committee: State Institutions & Property

- Rule: Open

SR 246 - Indigent Defense; create Joint Study Committee

- BILL SUMMARY: Resolution creates a Joint Study Committee on Indigent Defense.

- Authored By: Sen. John Wiles of the 37th

- House Committee: Judiciary

- Rule: Open

SR 365 - Transportation Funding; create joint study committee

- BILL SUMMARY: This resolution creates the Joint Study Committee on Transportation Funding to be composed of eight members who will study the issues to determine alternative funding mechanisms for transportation projects and special funding sources.

The eight members will be the chairperson of the Senate Transportation Committee, the chairperson of the House Transportation Committee, three members of the Senate appointed by the Lt. Governor, and three members of the House appointed by the Speaker. The Senate and House Transportation Chairs will serve as co-chairs of the study committee.

The committee may conduct such meetings at such places and at such times as it may deem necessary.

The committee will stand abolished on 31 December, 2007.

- Authored By: Sen. Jeff Mullis of the 53rd

- House Committee: Transportation

- Rule: Open

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COMMITTEE ACTION REPORT

Energy, Utilities & Telecommunications

HR 609 - House Study Committee on Prepaid Telecommunications Homeland Security Interests; create

- BILL SUMMARY: This legislation creates the House Study Committee on Prepaid Telecommunications Homeland Security Interests to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before the convening of the 2008 session of the General Assembly, at which time the committee shall stand abolished.

- Authored By: Rep. John Lunsford of the 110th

- Committee Action: Do Pass

Health & Human Services

SB 102 - Chiropractors; define/redefine terms; scope of practice; change criminal penalties for unlicensed practice

- BILL SUMMARY: BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of chiropractors, so as to define and redefine certain terms; to change provisions relative to the scope of practice of chiropractors; to change the criminal penalties for unlicensed practice of chiropractic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

- Authored By: Sen. Don Balfour of the 9th

- Committee Action: No Action Available

Intragovernmental Coordination - Local

HB 853 - Willacoochee, Town of; corporate limits; deannex property

- BILL SUMMARY: A Bill to deannex territory from the corporate limits of the Town of Willacoochee.

- Authored By: Rep. Chuck Sims of the 169th

- Committee Action: Do Pass

SB 301 - Fulton County Industrial District; create; prohibit governing authority from levying any tax for educational purposes

- BILL SUMMARY: A Bill to provide a referendum to repeal the local constitutional amendment creating the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within the district.

- Authored By: Sen. Horacena ate of the 38th

- Committee Action: Do Pass by Committee Substitute

SB 322 - Floyd County; board of education; provide compensation of the members

- BILL SUMMARY: A Bill to increase the compensation of the members of the board of education of Floyd County.

- Authored By: Sen. Preston Smith of the 52nd

- Committee Action: Do Pass

SB 323 - Loganville, City of; exercise all redevelopment/other powers; provide referendum

- BILL SUMMARY: A Bill to authorize the City of Loganville to exercise all Redevelopment Powers under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization.

- Authored By: Sen. Renee S Unterman of the 45th

- Committee Action: Do Pass

* Bills passing committees are reported to the Clerk’s Office, and are then placed on the General Calendar.

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COMMITTEE BROADCAST SCHEDULE

NO MEETINGS HAVE BEEN SCHEDULED

* This schedule is accurate at the time of this report, but meeting dates and times are subject to change. To view the most up to date meeting schedule, please visit http:// www.legis.ga.gov and click on Meeting Notices. To view the live streaming video of the meeting, please visit the Georgia Legislative Network website.

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CONTACT: BRENT CRANFIELD
(404) 656-0305