Georgia State University had its Day at the State's Capitol today complete with a pep band, cheerleaders and its mascot, Pounce, the blue panther.  Needless to say, they had the crowd going with their cheers and songs.  Otherwise, lawmakers headed into Legislative Day 13 with one of the bigger tasks addressed by the House as their Appropriations and Rules Committees cleared HB 741, the FY 2012 Amended Budget, to make its way to the House Floor tomorrow.

A new schedule for the Legislature was adopted with the passage of HR 1238.  In that Resolution, the General Assembly will be in adjournment on President's Day on February 20, 2012 but will be in Session on February 24, 2012.  Day 30 for the Session will be March 7, 2012 under the current schedule.

Legislative News

House

The House session on Thursday morning got started right at 10:00 a.m. with Speaker David Ralston (R-Blue Ridge) calling for all members to take their seats.  The vote on the local calendar ended up with a final tally of 155 to zero.  Chairman John Meadows (R-Calhoun), of the Rules Committee, asked for all members to meet him in the side chamber for a quick meeting. 

Rep. Gene Maddox (R-Cairo) called for HR 1132 to be read aloud so that Veterinary Medicine Day could be recognized. 

Rep. Ron Stephens (R-Savannah) assumed a position in the Well to talk about the importance of helping facilitate business in Georgia for entities both large and small. 

Speaker Pro Tem Jan Jones (R-Milton) acknowledged February 2, 2012 as Georgia State University Day at the Capitol.  Representatives from every school at Georgia State, the Panther Mascot, and Football Coach Bill Curry packed the 2nd floor atrium. 

Reps. Calvin Smyre (D-Columbus) and Carolyn Hugley (D-Columbus) asked exceptional Columbus students to stand in the gallery and be recognized. 

Action was taken on three Bills today in the House:

• HB 763 was presented by Rep. Alex Atwood (R-Brunswick).  It proposes to clarify that certain persons would be ineligible to serve as trial or grand jurors as well as create provisions for the use of jurors summoned prior to the compilation of county master jury lists.  There was little discussion on the Bill and it was put to a vote.  HB 763 passed unanimously 163 to zero.

• HB 475 was brought forth by Rep. Jay Powell (R-Camilla) and would be known as the "Development Authorities Law."  The Bill would amend the definition of the term "project" to include facilities owned by a public or private entity or a combination of the two integrated for purposes of trade, commerce, industry, or employment opportunities.  Furthermore such term includes highway facilities, surface transportation projects, and projects that are related to transportation.  HB 475 received many questions from House members.  Rep. Penny Houston (R-Nashville) asked about how the Bill affected the sale of bonds.  Rep. Carl Rogers (R-Gainesville) asked a question about the definition of "unfettered authority" which can be found on line 6 of the Bill.  After Rep. Powell yielded the Well, Rep. Mark Hatfield (R-Waycross) spent a lengthy amount of time attempting to discourage House members from voting for the Bill.  He suggested that HB 475 would enable some businesses to circumvent the review process and avoid paying taxes.  Reps. David Knight (R-Griffin) and Larry O'Neal (R-Bonaire) voiced concerns that Rep. Hatfield was having trouble understanding the importance of the legislation.  In the end, HB 475 passed with a final vote of 132 to 28.     

• Rep. Doug McKillip (R-Athens) asked that the House insist on their position regarding HB 129.  This legislation passed last Session but stalled in the waning moments of the Session in the Senate.  The Bill prohibits a fee for a future conveyance of real property except under limited circumstances.  With no objection, the motion to insist and assign a Conference Committee passed.  Speaker Ralston selected Reps. McKillip, Mike Jacobs (R-Atlanta), and Stephen Allison (R-Blairsville) as the conferees.

Former Rules Committee Chairman Bill Lee was honored in the House chamber today.   Several meetings in the afternoon were announced and then Majority Leader Larry O'Neal (R-Bonaire informed the House members that Friday's session would begin at 9:00 a.m.

Senate

The first order of business in the Senate was to allow Sen. Renee Unterman (R-Buford) the opportunity to recognize Go Red for Women, an organization that fights against heart disease in women. 

Sen. John Bulloch (R-Ochlocknee) acknowledged the fact that it was Veterinary Medicine Day at the Capitol. 

Sen. Ronnie Chance also recognized today as Georgia State Day and Head Football Coach Bill Curry was given a moment to speak. 

Sen. Jack Hill (R-Reidsville) acknowledged many of the people in the halls of the Capitol today who were fighting against violence toward women.

These were the six Bills on the Senate calendar for Thursday:

• HB 477 was presented by Sen. Greg Goggans (R-Douglas) and would allow for the transition from an annual renewal to a biennial renewal of licenses for agents, agencies, subagents, counselors, and adjusters.  No questions or concerns were expressed about the Bill, and HB 477 passed unanimously 52 to zero.

• HB 683 was carried by Sen. Charlie Bethel (R-Dalton).  This Bill, by Rep. Wendell Willard (R-Sandy Springs), proposes to clarify who can file an answer of garnishee in a garnishment action.  The Bill would permit the filing of certain answers on behalf of certain garnishees by authorized officers or employees of an entity and would not constitute the practice of law.  Thus, no attorney would be required unless there was a challenge or a traverse to such action was filed.  No Senators offered any questions and the Bill was passed easily 52 to zero.

• SB 225 was submitted by Sen. Butch Miller (R-Gainesville) and would create a new criminal offense of transmitting a false report of a crime.  Once again, there were no questions for the author and it sailed through unanimously 47 to zero.

• SB 227 was presented by Sen. Barry Loudermilk (R-Cassville) and would require that declarations of intent and attendance records for home study programs be submitted to the Department of Education rather than local school superintendents.  This Bill received a lot of attention from other Senators.  Sen. Emmanuel Jones (D-Decatur) asked about whether the Bill made any changes to homeschooling requirements.  Sen. Steve Thompson (D-Marietta) implied that the Bill would be taking local control away.  Sen. Hardie Davis (D-Gracewood) suggested that the Bill was simple to understand and would enable efficiency.  A question was asked by Sen. Vincent Fort (D-Atlanta) about whether the change would have any unintended consequences.  After much discussion, SB 227 passed 42 to 11.

• SB 319 was explained by Sen. Rick Jeffares (R-Locust Grove) and would revise certain provisions related to the use of boats in the waters of State parks, historic areas, and recreational areas.  After no discussion, SB 319 passed 53 to zero.

• SB 305 was brought by Sen. John Bulloch (R-Ochlocknee) to amend the Georgia Lemon Law.  The Bill would increase the fee to be collected by new motor vehicle dealers from the consumer for the sale or lease of a new motor vehicle from $3.00 to $5.00.  Both Sen. Vincent Fort (D-Atlanta) and Sen. Bill Cowsert (R-Athens) voiced concern about having the consumer shoulder the additional fee.  Sen. Butch Miller (R-Gainesville) took the Well and answered a few questions after Sen. Bulloch yielded it.  In the end, the Bill passed successfully 30 to 19. 
  

New Legislation 

HB 834 – Rep. Simone Bell (D-Atlanta) authored this initiative to add a new Code Section at O.C.G.A. § 48-7-29.18 to allow for an income tax credit of $250.00 for energy costs of families with household incomes of less than $75,000.00. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/834

HB 843 – Rep. Stephanie Stuckey Benfield (D-Atlanta) proposed creating a new Article 6 in Chapter 8 of Title 2 to provide for a farm to school program in an effort to promote the sale of Georgia-grown products to county and independent school districts in Georgia.  Further, her legislation would add a new Code Section at O.C.G.A. § 20-2-21 to establish a week-long promotional event to be known as the "Georgia Grown for Georgia Kids Week."  

http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/843

HB 846 – Rep. David Knight (R-Griffin) introduced this new Code Section for O.C.G.A. § 48-2-15.2to change several administrative and procedural requirements of the Department of Revenue.  It adds a definition of the term "ruling:"

means a written determination that is issued to a person by the commissioner pursuant to regulations promulgated for that purpose, in response to such person's written inquiry about his or her status for tax purposes or the tax effects of acts or transactions, and is based on applying the tax statutes, regulations, or other legal authority to such person's specific set of facts. Such term thus does not include, for example, notices of proposed or final assessment or decisions thereon, decisions on claims for refund, decisions to accept or reject offers in compromise, voluntary disclosure or closing agreements, and responses to petitions or applications under Code sections permitting the commissioner to waive penalty or interest.

Further, this Bill addresses the Commissioner's powers to levy and conduct judicial sales and amends how the Commissioner can convert regularly issued original or alias tax executions into electronic form for indexing, storage, archival, retrieval, or transmittal purposes.

http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/846

HB 849 – Rep. Amos Amerson (R-Dahlonega) proposed this initiative concerning the local authorization and regulations for manufacture, distribution, and package sales of distilled spirits in Chapter 4 of Title 3.  It provides that an election superintendent will call and hold a referendum upon receipt of a resolution or ordinance from the governing authority of a municipality or county which desires to permit or prohibit the manufacture, sale, and distribution of distilled spirits within that political subdivision. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/849

HB 850 – Rep. Brett Harrell (R-Snellville) introduced this new Code Section for O.C.G.A. § 29-9-19 to provide for criminal background checks be made for persons seeking to become a guardian or conservator.  These checks would be made through the Georgia Crime Information Center. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/850

HB 851 – Rep. Tom Rice (R-Norcross) authored this change to O.C.G.A. § 48-6-73 which alters requirements regarding the rates to be charged by collecting officers on the taxation of intangibles and specifically strips out the current language, "in counties having a population of more than 650,000, according to the United States decennial census of 2000 or any future such census, however, the commission allowed under this article as compensation to the collecting officer shall be 4 percent." http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/851

HB 853 – Rep. Earl Ehrhart (R-Powder Springs) authored this initiative to be known as the "Georgia Right to Grow Act" in O.C.G.A. § 2-1-7.  It preempts certain local ordinances relating to the production of agricultural or farm products and protects the rights of citizens to grow food crops and raise small animals on private property as long as those crops and animals or the products thereof are used for human consumption by the occupants, gardeners, or raisers and their household and not for any commercial purposes. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/853

HB 854 – Rep. Mark Hamilton (R-Cumming) authored amendments to the "The Small Business Assistance Act of 1975" by updating the act to be known as the "The Small Business Assistance Act of 2012."  This particular change is made at O.C.G.A. § 50-5-120 and also adds definition changes at O.C.G.A. § 50-5-121.   http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/854

HB 855 – Rep. Mark Hamilton (R-Cumming) proposed a change to O.C.G.A. § 46-5-167 to be known as the "Telecommunications Fair Competition and Consumer Protection Act." It also addresses Georgia's Universal Access Fund, establishing a limitation on the duration and amount of certain distributions to be made under that fund for Tier 2. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/855

HB 856 – Rep. Sandra Scott (D-Rex) offered this Bill amending Article 16 of Chapter 2 of Title 20.  It provides for attendance with or observation of a student in a classroom situation by a parent or guardian for students who are chronic disciplinary problems or returning from expulsion or suspension.  Further it provides for parent conferences when the student receives a failing grade on two consecutive report cards in a subject or course. Failure of the parent or guardian to attend such two or more such conferences may subject that parent or guardian to a referral to the Division of Family and Children Services of the Department of Human Services for initiation of proceeding alleging deprivation. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/856

HB 857 – Rep. Sandra Scott (D-Rex) also authored this proposal in O.C.G.A. § 20-1A-10(w) concerning consultation by the Department of Early Care and Learning on early care and education programs.  It permits day-care centers to have child safety alarms installed in vehicles they use to transport children and requires the owner or director of a day-care center to ensure proper maintenance and good working order of such child safety alarms.  It also requires the centers to post their inspection reports. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/857

HB 859 – Rep. Chuck Sims (R-Ambrose) proposed this Bill amending O.C.G.A. § 20-2-73 concerning the suspension and removal of local school board members, specifically revising the Governor's authority upon a recommendation by the State Board of Education.  Local school systems or school may also be required to submit monthly progress reports to the State Board of Education regarding its accreditation progress and status, be subject to a subsequent hearing before the State Board of Education or both at the Governor's discretion. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/859

HB 861 – Rep. Michael Harden (R-Toccoa) introduced this legislation to require law enforcement agencies to report drug-related arrests to the Department of Human Services in Chapter 1 of Title 35.  Further, the Bill amends Article 1 of Chapter 4 of Title 49 to require drug testing for applicants and recipients of State-administered TANF benefits.  This drug-testing program would be required to be commenced by the Department of Human Services not later than January 1, 2013 and that individual receiving TANF benefits would be required to submit to such testing not less than once every two years. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/861

HB 862 – Rep. Chuck Martin (R-Alpharetta) introduced this Bill amending O.C.G.A. § 48-7-29.16 to broaden the types of tax liability subject to offset by the qualified education tax credit permitted by a corporation or other entity.  It adds, "if a corporation has other state tax liabilities, such as a tax liability for the sale of alcoholic beverages or tax liability based on insurance premiums, the credit against the tax imposed by this chapter for qualified ieducation expenses may be used to offset those liabilities; provided, however, that the credit shall only be credited once in any taxable year." http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/862

HB 863 – Rep. Matt Hatchett (R-Dublin) proposed this Bill altering provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations.  Under current law, if the needed supplies, materials, equipment or service can reasonably be expected to be acquired for less than $5,000 and is not available on state contracts through statutory required sources, the purchase may be effectuated without competitive bidding.  This raises that threshold to $25,000.00.  This change would be made at O.C.G.A. § 50-5-69(a). http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/863

HB 864 – Rep. Ben Harbin (R-Evans) authored this legislation which amends O.C.G.A. § 48-8-36 to provide that retailers may under certain circumstances advertise that the retailer will pay the purchaser's sales and use taxes on a transaction.  The retailer must include in the advertisement that any portion of the tax not paid by the purchaser will be remitted on behalf of the purchaser by the retailer and the retailer will be required to furnish the purchaser with written evidence that the retailer will be liable for and pay any tax the purchaser was relieved from paying.  Further, "if a retailer advertises that any portion of the tax not paid by the purchaser will be remitted on the purchaser's behalf by the retailer, the retailer shall be solely liable for and shall pay that portion of the tax.  If a dealer or retailer complies with the provisions of this Code section and pays the absorbed tax over to the commissioner as provided by law, the dealer or retailer shall be deemed to have complied with the provisions of this article requiring collection of the tax from the purchaser or consumer." http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/864

HB 865 – Rep. Alan Powell (R-Hartwell) offered this Bill addressing "The Georgia Motor Carrier Act of 2012."  It is written into O.C.G.A. § 40-1-50 et seq.  Among its provisions includes the transfer of the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety.  It creates a division with that Department to be known as the Motor Carrier Compliance Division which will have two sections: Motor Carrier Compliance Enforcement Section and the Motor Carrier Regulation Compliance Section. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/865

HB 868 – Rep. Doug Collins (R-Gainesville) introduced this proposal in Chapter 7 of Title 48 to provide a set of comprehensive revisions of income tax credits for business enterprises which are located in less developed areas of the State, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties and for establishing new, quality jobs or relocating quality jobs.  This initiative is a part of Governor Deal's package.  http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/868

HB 873 – Rep. Barbara Massey Reece (D-Menlo) offered this Bill to provide for a State income tax credit with respect to volunteer firefighters who obtains written verification for that individual's fire chief that he or she has been a member in good standing of a recognized volunteer or combination fire department certified by the Georgia Fire Standards and Training Council and that the volunteer firefighter has completed at least one of the levels of firefighter training leading to state firefighter certification by the Georgia Fire Standards and Training Council.  The tax credit would be capped at $200.00. It would be included at O.C.G.A. § 48-7-29.18.  http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/873

HB 874 – Rep. Barbara Massey Reece (D-Menlo) proposed this change to Georgia's Education Code and specifically amending O.C.G.A. § 20-2-740 and O.C.G.A. § 20-2-751.4(b.1).  It will require the local boards of education to annually reporting bullying incidents by August 1 of each year to the Department of Education.  The local boards of education will require the principals of each school to also report those incidents to the school council on the type of bullying which took place and the discipline imposed. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/874

HB 878 – Rep. B.J. Pak (R-Lilburn) authored this initiative permitting the use of remote order entry for hospital pharmacies.  It specifically amends O.C.G.A. § 26-4-5(37.2) and O.C.G.A. § 26-4-80(c)(7).  http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/878

HB 881 – Rep. Quincy Murphy (D-Augusta) introduced this Bill amending Titles 20, 36 and 50.  It amends purchasing practices in State law relating to schools and local governments.  http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/881

HB 886 – Rep. Bruce Williamson (R-Monroe) proposed amending O.C.G.A. § 7-1-285 concerning the limits on obligations of one person or corporation.  It proposes to limit obligations created to credit exposure as a counterparty in derivative transactions ("any transaction that is an agreement, contract, note, option, swap, or warrant that is based, in whole or in part, on the value of, any interest in, or any quantitative measure or the occurrence of any event relating to, one or more commodities, securities, currencies, interest or other rates, indices, or other assets"). http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/886

HB 888 – Rep. Tom Rice (R-Norcross) authored this initiative which amends Titles 10, 16, 40 and 50 of the Code. It is proposing to provide for some comprehensive regulation of theft of regulated metal property and to also establish a registry of persons who are convicted of certain theft crimes. http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/888

SB 365 – Sen. Bill Hamrick (R-Carrollton) introduced this initiative concerning the regulation of the practice of law in Chapter 19 of Title 15 by adding the term "conveyancing" and its definition which means "the entire series of events through which title to land is conveyed from one party to another."  It adds a new Code Section as well at O.C.G.A. § 15-19-59, "any person damaged by a person, firm, or corporation acting in violation of this article shall be entitled to maintain a civil action to recover damages and reasonable attorney's fees." http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/365

SB 366 – Sen. Johnny Grant (R-Milledgeville) proposed amendments to Chapter 4A of Title 49 concerning the Department of Juvenile Justice.  It proposes restrictions regarding possession of contraband at juvenile detention centers, making such felonies.  It also amends the "Georgia Street Gang Terrorism and Prevention Act." http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/366

SB 370 – Sen. Buddy Carter (R-Pooler) authored this initiative amending Chapter 13 of Title 16 to update Georgia's dangerous drug list found specifically in O.C.G.A. § 16-13-25(12) and O.C.G.A. § 16-13-71(b).  http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/370

SB 372 – Sen. Renee Unterman (R-Buford) has proposed the "Disposition of Veterans' Cremated Remains Act" in Chapter 18 of Title 43.  It would provide for the determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran.

SB 373 – Sen. Jeff Mullis (R-Chickamauga) offered this Bill amending O.C.G.A. § 36-60-25 to provide for the authority to operate vehicles for hire equipped to transport passengers in wheelchairs throughout Georgia.  There is an exemption from public necessity and convenience and medallions requirements for such vehicles. http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/373

SB 374 – Sen. Jeff Mullis (R-Chickamauga) introduced this legislation adding a new Code Section at O.C.G.A. § 12-5-10.  It exempts the withdrawal of surface water from any point within that portion of the Tennessee River basin lying in the Chickamauga Valley and Lookout Mountain physiographic districts of GA.

SB 375 – Sen. Frank Ginn (R-Danielsville) authored this idea which adds a new Code Section at O.C.G.A. § 31-1-7.1 to provide that a dental laboratory must disclose "in writing at the time of delivery of any fixed or removable dental prosthetic device or appliance, whether fabricated in part or completely, including, but not limited to, a compete or partial denture, veneer, inlay, onlay, crown, bridge (fixed partial denture), implants, sleep apnea or orthodontic appliances, or other appliances to the prescribing dentist the patient contact materials and all certificates of authenticity that constitute each produced manufactured and component parts thereof and the point of origin of manufacture of each fixed or removable dental prosthetic device or appliance including the address and contact information of the dental laboratory." http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/375

SB 376 – Sen. Buddy Carter (R-Pooler) offered this Bill adding a new Article 3 in Chapter 26 of Title 43.  It would add mandatory reporting provisions so that a licensed nurse will be required to report names of subject individuals to the Georgia Board of Nursing if the nurse has reasonable cause to suspect that a nurse or an applicant has violated any of the grounds for discipline, except for minor incidents, as described by rules to enforce this article promulgated by the board.  The licensed professions would not need to report to the board professional knowledge obtained in the course of a health professional client relationship when the client is a nurse. http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/376

SB 377 – Sen. Buddy Carter (R-Pooler) proposed changes in the election laws in Title 21.  Among those changes requires that persons obtaining petitions for filing notice of candidacy for individuals seeking office be required to verify the identity of individuals signing their petitions. http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/377

SB 378 – Sen. Buddy Carter (R-Pooler) proposed this initiative amending Chapter 13 of Title 16.  It amends the definition of "practitioner" in O.C.G.A. § 16-13-21(23)(A) so as to include a veterinarian.  It further adds that it will include not only physicians, dentists, pharmacists, podiatrists, scientific investigators and veterinarians or others licensed, registered or otherwise authorized under the laws of Georgia to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research but also include those who may be licensed, registered, or otherwise authorized under the laws of any other state or territory in the United States to prescribe.  He further adds in O.C.G.A. § 16-13-74 language covering controlled substances in addition to prescription drug orders for dangerous drugs.  However, the signature requirements are not required for prescription drug orders issued for hospital inpatients. It also amends O.C.G.A. § 16-13-78.2 regarding possession, manufacture, delivery, distribution, or sale of counterfeit substances and adds penalties for a felony rather than a misdemeanor if convicted.

(a)   Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, sell, offer or attempt to sell, or possess with intent to distribute a drug that is marked as a drug sample, adulterated, misbranded; or a counterfeit substance as defined by Code Section 16-13-21 or under the provisions of the Federal Food, Drug, and Cosmetic Act.  Any person who violates this Code section shall be guilty of a felony and upon conviction thereof shall be punished by not less than five years imprisonment or by a fine not to exceed $100,000 or both.

(b)  This Code section shall not apply to drug samples lawfully possessed by any practitioner or facility for distribution or dispensing to patients at no cost.

http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/378

SB 379 – Sen. Ronnie Chance (R-Tyrone) proposed amendments to Chapter 12 of Title 44, addressing fees or taxes for pawnbroker transactions.  One of the specific changes is made at O.C.G.A. § 44-12-135(b):

The governing authority of a municipality or county and any department or agency thereof shall not be authorized to adopt ordinances or resolutions that require the collection of any fee or tax collected or imposed on pawn transactions on a per transaction basis or on a sale of tangible personal property to a pawnbroker for purposes of resale by the pawnbroker.  This subsection shall not prohibit regulatory fees or occupation taxes levied and imposed pursuant to Article 1 of Chapter 13 of Title 48.

http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/379

HR 1240 – Rep. Sharon Cooper (R-Marietta) authored this Resolution to recognize and commend the Georgia State University Legislative Health Policy Certificate Program and Advanced Health Policy Institute.  www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1240

HR 1244 – Rep. Sharon Cooper (R-Marietta) proposed this Resolution recognizing February 15, 2012 as Lupus Awareness Day at the Capitol.  www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1244

HR 1254 – Rep. Judy Manning (R-Marietta) introduced this Resolution to commend the Children's Advocacy Centers of Georgia.  They will be recognized on February 15, 2012 as their day at the State's Capitol.  www.legis.ga.gov/legislation/en-US/Display/20112012/HR/1254

SR 781 – Sen. Jeff Mullis (R-Chickamauga) proposed this Resolution which urges the performance of a feasibility study of the withdrawal, storage, and distribution of waters from a certain portion of the basin of the Tennessee River.  www.legis.ga.gov/legislation/en-US/Display/20112012/SR/781

Committee News

House Special Committee on Small Business Development and Job Creation

In the second meeting of the Special Committee on Small Business Development and Job Creation, Chairman David Knight (R-Griffin) and other Committee members heard from several small business owners about issues they were having with current State rules and regulations.  The first person to speak was Roy Taylor from Valdosta.  As an investor and builder, Mr. Taylor cited regulations related to electrical codes and water fountain installation as problems he runs across.  A pharmacist from Griffin, Drew Miller, was the next to speak and he highlighted drug cost reimbursement and protection from unfair audits as issues he wanted the Committee to address.  Former Representative Kevin Levitas asked the Committee to help small businesses become more involved in the bid process for contracts related to Georgia correctional facilities.  Mary Moore, owner of Cook's Warehouse, spoke to the Committee about sales and use tax complications and a need to simplify the process so that it is easy for businesses to comply.  Karl Pearl, Vice President of Aventis Systems, made a case for the State to consider using refurbished computer hardware to save money.  Several other speakers also addressed the Committee later in the afternoon.

House Judiciary (Civil) Committee

With Chairman Wendell Willard (R-Sandy Springs) presiding, the House Judiciary (Civil) Committee met on Thursday afternoon to take three Bills into consideration.  Rep. Edward Lindsey (R-Atlanta) presented HB 711.  The Bill would change provisions related to spousal privilege in criminal proceedings and provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers.  Rep. Lindsey spoke very briefly but was not asked any questions by Committee members.  After being put to a vote, HB 711 passed unanimously.

HB 594 was presented by Rep. Jon Burns (R-Newington) and would create a new category of limited liability companies which would be known as "low-profit limited liability companies."  After Rep. Burns explained the Bill, Rep. Andrew Welch (R-McDonough) suggested inserting "low-profit" into several other places in the Bill.  Chairman Willard gave it some consideration and then stated that it was unnecessary.  The Committee then voted on HB 594, and it passed easily.

The final piece of legislation to be discussed was HR 1151.  It was brought forth by Rep. Buzz Brockway (R-Lawrenceville) and would create the "Joint Human Trafficking Study Commission."  After hearing testimony from two individuals from the audience who were in support of the legislation, Chairman Willard asked for a motion.  Rep. Mary Margaret Oliver (D-Decatur) offered two amendments which would insert the statement, "one of whom shall be a member of the minority party," into lines 27 and 29 of the Resolution.  Rep. Welch also offered an amendment to line 58 to include language about the Speaker of the House and the Lieutenant Governor.  All three amendments passed unanimously.  HR 1151 was voted on as amended and it passed easily.  With no further business, the meeting was adjourned. 

House Judiciary Non-Civil Committee

This Committee has reported out a substitute on a moving proposal:

• HR 977 has been reported out which proposes an amendment to the State's Constitution to authorize the General Assembly to provide by law for dedication of certain existing fees and assessments for the purpose of funding legal services for indigent persons who are accused of crimes and delinquent acts.  This amendment would be made at Article III, Section IX, Paragraph VI (o).
  

House Committee on Appropriations

Early this morning, the House Appropriations Committee passed out their version of the FY 2012 Amended Budget, HB 741.  Further, the Committee cleared a substitute to HB 806 which amends O.C.G.A. § 32-2-2(a) by providing for the mandatory appropriation of motor fuel tax funds that carry forward from one fiscal year to the next.  For "budgetary accounting and control, such appropriation balances shall be accumulated collectively in the Mandatory Appropriation Carryover Program and shall remain a part of the State Public Transportation Fund, though separately identified."

House Committee on Agriculture and Consumer Affairs

This Committee cleared a Substitute to HB 681 which amends O.C.G.A. § 26-2-21(5) and O.C.G.A. § 26-2-370(2) regarding the definition of "food sales establishment" and exempts activities of public and private schools and nonprofit entities (including a religious, charitable or similar nonprofit) when such are authorized parts of a fundraising activity conducted by such entities as long as the licensed food sales establishments sells the food in accordance with the requirements outlined in Chapter 2 of Title 26.

House Human Relations and Aging Committee

The House Human Relations and Aging Committee only took up one Bill on Thursday afternoon.  However, it turned out to be quite controversial.  Rep. Tom McCall (R-Elberton) presented HB 831 which seeks to transfer the Division of Rehabilitation Services from the Department of Labor to the Department of Human Services.  Commissioner Clyde Reese of the Department of Human Services was on hand to speak to the Bill as well as Commissioner Mark Butler of the Department of Labor.  Rep. Simone Bell (D-Atlanta) asked a question about how the budget of the Division of Rehabilitation Services would be affected.  Rep. Doug Collins (R-Gainesville) asked about job preparation and whether DOL and DHS could offer the same number of opportunities.  Comm. Reese proposed a "lift and shift" without losing any services.  Comm. Butler was adamantly opposed to the move.  Rep. Gene Maddox (R-Cairo) was concerned about the loss of Federal dollars.  There were many individuals in the audience who wished to speak to HB 831.  Almost all of them were against the transfer.  Most argued that being housed in the Department of Labor provided the best opportunity to receive gainful employment.  Due to the controversial nature of the Bill, Rep. Tom Dickson (R-Cohutta) motioned for the Bill to be tabled.  A vote was taken and HB 831 will be tabled until the next meeting of the House Human Relations and Aging Committee.

House Committee on Intragovernmental Coordination – Local Legislation

HB 815 by Rep. Rusty Kidd (I-Millegeville) cleared with a Committee Substitute.  The purpose of the legislation is to essentially permit repurposing of buildings on the grounds of Central State Hospital in Milledgeville through this Central State Hospital Local Redevelopment Authority.

House Governmental Affairs Committee

This Committee reported out a Title 45 proposal by Substitute.  Rep. Doug Collins (R-Gainesville) proposed in HB 642 that the State Personnel Administration office be abolished with certain of its functions be transferred to the Department of Administrative Services.  This Bill is now in the House Rules Committee.

Senate Public Safety Committee

The Senate Public Safety Committee met on Thursday afternoon to discuss a single Bill.  SB 366 was authored by Chairman Johnny Grant (R-Milledgeville) and would revise restrictions regarding possession of contraband at juvenile detention centers.  Commissioner Gale Buckner, of the Department of Juvenile Justice, gave testimony on the Bill.  However, after analyzing the language of SB 366, the Bill was found to be very broad.  It was argued that even an item such as a bible could be considered contraband based on the language of SB 366.  As a result, the Bill was held in Committee so that some changes to the language could be made.

Senate Insurance and Labor Committee

Only one bill was on the Committee's agenda this afternoon. After scrambling to get a quorum, HB 371 was presented by Rep. Howard Maxwell (R-Dallas) to amend O.C.G.A. 33-24-3. It states that neither the State nor any political subdivision of the State may be able to have an insurable interest in the life of a public officer or employee (active or retired). Further, the State (nor any political subdivision) will be authorized or able to obligate funds to purchase insurance on the lives of public officers/employees EXCEPT when the benefits are paid to that officer or employee's estate or to their designated beneficiary. Rep. Maxwell referred to this as a "dead cousin's" bill.   The Bill passed by Committee Substitute, striking prior reference "of title 50" at line 9 from the earlier version. It will be carried by Sen. Jack Murphy on Senate Floor.

Senate Government Oversight Committee

A new Substitute was reported out of this Committee on SB 322.  It proposes a new Code Section at O.C.G.A. § 48-1-11 to provide for the establishment of a website to provide taxpayers of Georgia with an itemized estimated receipt showing how the taxes (income and sales taxes) they pay are utilized.  It will be known as the "Georgia Taxpayer Receipt Act of 2012."  Such a website publication will be required to be approved by the majority vote at a joint meeting of the Senate Government Oversight and the House Budget and Fiscal Affairs Oversight committees.

Senate Judiciary Committee

The Senate Judiciary Committee has reported out two Bills addressing municipal courts:

• SB 351 amends O.C.G.A. § 36-32-11 and cleared the Committee by Substitute.  It requires the same training for all judges of courts exercising municipal court jurisdiction.
• SB 352 also passed out of the Committee by Substitute and it adds a new Article 15 at Chapter 18 of Title 15.  In it, it adds at O.C.G.A. § 15-18-90 that municipal courts and courts which have municipal court jurisdiction will be permitted to employ full-time or part-time prosecuting attorneys to represent the jurisdiction in criminal proceedings before such courts.  The employment power shall be vested in the respective governing authority of the city served by such court and the costs of creating such an office of a prosecuting attorney will be borne by that authority of the city.

If you have any questions concerning this Report, please contact Stanley S. Jones, Jr., Helen Sloat or Taylor Janney.