House Passes Appropriations Bill
with 'Restored' Items

Floor News

House

The House fought a good bit on the nuclear power bill proposal as posed by Sen. Don Balfour (R-Snellville). After some lengthy debate and an attempt to send it back to the House Rules Committee, SB 31 passed by a vote of 107 to 66. The Bill essentially permits Georgia Power to charge its customers for the building of a nuclear power plant.

HB 118, the FY 2009 Amended Budget proposal, passed the House by a vote of 168 to 5. The Bill will now be hammered out by the Senate before it will likely go to Conference Committee for resolution.

Senate

Nine measures were on the Senate Floor today.

SB 68 passed by a vote of 32 to 14. It proposes to permit counties and municipalities with approval of the local housing authority board of commissioners by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property.

SB 69 also cleared the Senate by a vote of 48 to zero. It expands the definition of the term "sexual exploitation" to mean "conduct by any person who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."

SB 70, Sen. Hooks' (D-Americus) Bill amending the State's ethics and disclosure laws, passed handily by a vote of 50 to zero. It will require special expedited reporting of certain campaign contributions and that the contributions subject to such reporting shall be those where there exists a contractual, grant, or regulatory relationship between the contributor and the office of the public officer or candidate for public office.

SB 78 cleared with a vote of 45 to 2. Sen. Tolleson (R-Perry) offered this Bill creating the Georgia Voluntary Remediation Program Act in Title 12. It would permit voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels.

SB 156, Sen. Staton's (R-Macon) Bill which revises the duties of the Georgia Trauma Care Network Commission, passed without any "trauma drama" by a vote of 49 to zero. Prior to reaching the Floor of the Senate, the Senate Health and Human Services Committee created a Substitute for this initiative which is the version which passed. Many hospitals across Georgia have been watching this Bill as this Commission decides the distribution of funding for trauma care. Sen. Jackson (R-Appling) stated his gratitude for the inclusion of support for facilities which provide burn care.

SB 164 passed with a vote of 41 to 7 by a Committee Substitute. Sen. Balfour (R-Snellville) authored this initiative relating to height limitations on outdoor signs and permitting owners of legally erected and maintained signs to obtain permits to remove vegetation from the viewing zones of their signs, if certain specified conditions are met. Signs are essentially limited to 75 feet in height as of July 1, 2009 if this measure is passed and signed by the Governor. Signs over that size would be grandfathered under this new law.

SB 165, by Committee Substitute, sailed through the Senate by a vote of 48 to zero. Sen. Goggans (R-Douglas) brought this Bill authorizing the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program benefits. This Bill permits the Department to conduct this review of tax information on January 1, 2010, if the measure passes the House and is signed by Governor Perdue. Citizenship is checked now in the verification process.

SR 49 took some debate and later was adopted by a vote of 31 to 18. Sen. Preston Smith (R-Rome) offered this Resolution urging the Congress of the United States to oppose any efforts to adopt the so-called "Employee Free Choice Act." This idea deals with how employees can join unions presently either through a card check process or through a secret ballot. A new federal proposal would strip away the ability to use a secret ballot for the purposes of joining a union.

HB 233 passed by way of a Committee Substitute by a vote of 42 to 5. Rep. Lindsey (R-Atlanta) authored this Bill which was carried in the Senate by Sen. Chip Rogers (R-Woodstock). It provides for a moratorium period during which valuation increases of property shall be limited. This moratorium would begin on January 1, 2009, and continue only until the Sunday immediately preceding the second Monday in January, 2011.

New Legislation

SB 215 – Sen. Tarver (D-Augusta) introduced a new Chapter 20C in Title 33 creating "independent review of certain health insurance decisions." Currently, Georgia has a law regarding "independent review" in Article 2 of Chapter 20A of Title 33. Numerous definitions are included in Sen. Tarver's proposal, including a definition for "medical and scientific evidence." In O.C.G.A. § 33-20C-2, it outlines when an enrollee of a health benefit plan (defined as a plan of benefits that defines the coverage provisions for healthcare for enrollees offered or provided by any organization, public or private) is entitled to appeal to an independent review organization:

(1) The enrollee has received notice of denial for a covered service or therapy or any limitation of such covered service or therapy; or

(2) A payor determines that a proposed treatment is excluded as experimental under the health benefit plan, and all of the following criteria are met:

(A) The enrollee has a terminal condition that, according to the treating physician, has a substantial probability of causing death within two years from the date of the request for independent review or the enrollee's ability to regain or maintain maximum function, as determined by the treating physician, would be impaired by withholding such experimental treatment; (B) After exhaustion of standard treatment as provided by the evidence of coverage or a finding that such treatment would be of substantially lesser or of no benefit, the enrollee's treating physician certifies that the enrollee has a condition for which standard treatment would not be medically indicated for the enrollee or for which there is no standard treatment available under the evidence of coverage of the enrollee more beneficial than the treatment proposed; (C) The enrollee's treating physician has recommended and certified in writing treatment which is likely to be more beneficial to the enrollee than any available standard treatment; (D) The enrollee has requested a treatment as to which the enrollee's treating physician, who is a licensed, board certified, or board eligible physician qualified to practice in the area of medicine appropriate to treat the enrollee's condition, has certified in writing that scientifically valid studies using accepted protocols, such as control group or double-blind testing, published in peer reviewed literature, demonstrate that the proposed treatment is likely to be more beneficial for the enrollee than available standard treatment; and (E) A specific treatment recommended would otherwise be included within the enrollee's certificate of coverage, except for the determination by the payor that such treatment is experimental for a particular condition.

To qualify for the review, the treatment in dispute would have to cost at minimum $500. The request for an independent review would be made to the Department of Community Health. See O.C.G.A. § 33-20C-5. The Department would then notify the enrollee of receipt of the request for the review and assign the request to an independent review organization on a rotating basis according to the date the request is received. The insurer or payor of benefits would then submit to the independent review organization within three business days of receiving the notice of the assignment of the independent review organization information about the claim. See O.C.G.A. § 33-20C-6. Additional information can be sought by the review entity. An expert reviewer of the independent review organization will be required to render a determination within 15 business days after expiration of all time limits otherwise established in this new Code Section. Copies of the written decision will be delivered to the payor, enrollee, and the Department via first class mail. Decisions in favor of the enrollee made by the independent review organization would be final and binding on the payor and appropriate relief is to be provided without delay. There are also provisions when a determination is made favoring the payor (creating a rebuttable presumption in subsequent actions). If there are questions regarding treatment which might jeopardize life or the health of the enrollee or the enrollee's ability to regain maximum function as determined by the treating healthcare provider, then review decisions are to be rendered within 72 hours after receipt of all documents. The proposal addresses determining treatments which are "medically necessary and appropriate" and what must be considered in making those determinations.

SB 216 – Sen. Jones (D-Decatur) proposed adding at O.C.G.A. § 45-20-32 that State employees, who are the spouses of combat disabled military members, would be eligible for up to 90 days of personal leave with pay. After this 90 day period, the employee could receive an additional 30 days of unpaid leave. The period of such pay would begin not later than the second month after the military member returns to Georgia.

SB 217 – Sen. Butler (D-Stone Mountain) introduced this Bill to establish the "Brittany Sharnay Wells Act" in Chapter 2 of Title 20 providing for a curriculum relating to dating violence as well as the requiring of the adoption of a policy against dating violence. "Dating violence" is defined in O.C.G.A. § 20-2-143(b.1)(1) as "a pattern of behavior where one person threatens to use, or actually uses, physical, sexual, verbal, or emotional abuse to control his or her dating partner." It further addresses the curriculum for the sex education course required in this Code Section, incorporating age-appropriate dating-violence education for students in grades eight through 12. Local boards of education by July 1, 2010, in O.C.G.A. § 20-2-314(b)(2), will be required to establish a specific policy to address incidents of dating violence involving students in grades six through 12. The State Board of Education is required to establish a comprehensive model dating violence policy, on or before January 1, 2010, to assist local boards of education in developing their policies.

SB 218 - Sen. Tate (D-Atlanta) offered an amendment to O.C.G.A. § 40-5-57(c)(1)(A) to add a "two point" violation for those individuals engaging in activities which distract the driver resulting in a traffic accident. It proposes to add in O.C.G.A. § 40-6-241 that "if a driver engages in an action which distracts such driver from the safe operation of a motor vehicle, including the use of a wireless communications device to write, send, or read a text based communication and such action contributes to an accident resulting in physical injury or property damage, such driver shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $50.00 and assessment of points under Code Section 40-5-57."

SB 219 – Sen. Weber (R-Dunwoody) authored an amendment to O.C.G.A. § 20-2-212 concerning the salary schedules for certificated personnel under the "Quality Basic Education Act." It specifically adds that an "educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, if the degree was earned on or after July 1, 2010, unless the educator is employed in a leadership position as defined by the State Board of Education, but shall be placed on the salary schedule position attributable to the educator but for the leadership degree; provided, however, that this shall not apply to an educator who possessed a leadership degree prior to July 1, 2010, regardless of whether or not he or she is in a leadership position."

SB 220 – Sen. Reed (D-Atlanta) proposed three new Code Sections at O.C.G.A. § 20-3-495 et seq. to provide for scholarships for the children of person killed or disabled as a result of combat wounds. These scholarships would equal tuition charges and would be continent upon State appropriations funding. An "eligible student" for these scholarships would be required to be: "(A) a child whose parent sustained qualified combat-related injuries; (B) meets residency requirements to be classified as a legal resident of Georgia as established pursuant to regulations of the authority and who remains a citizen of the state while receiving funds under this part; and (C) is 25 years of age or younger and is enrolled as a full-time or part-time student in an approved school."

SB 221 – Sen. Reed (D-Atlanta) authored what he wants to be called, "Georgia's Promise." This Bill would add two new Code Sections at O.C.G.A. § 20-3-88 (providing that certain students applying for admission to member institutions of the University System of Georgia as freshmen and who have graduated from certain public or private high schools in Georgia with a grade point average in the top ten percent of their class shall automatically be admitted – students also have to be residents of Georgia and either a United States citizen or an eligible non-citizen as defined by federal Title IV requirements) and O.C.G.A. § 20-3-89 (which requires the Board of Regents and Student Finance Commission to adopt a common weighting formula for advanced placement and international baccalaureate coursework in calculating high school grade point averages for the purposes of implementing O.C.G.A. § 20-2-157 and O.C.G.A. § 20-3-88).

SR 427 – Sen. Reed (D-Atlanta) proposed this Constitutional Amendment authorizing the governing entity of any county or municipality, subject to referendum approval, to exempt from ad valorem taxation, in whole or in part, up to $250,000 of the value of a homestead owned solely or jointly by a teacher, firefighter, or a law enforcement officer. This would be inserted, if passed, signed by the Governor and approved by the voters, at Article VII, Section II at Paragraph III.

SR 433 – Sen. Tolleson (R-Perry) offered this Resolution to request that the United States Congress oppose legislative efforts to expand the reach and scope of the "Clean Water Act," which has governed the nation's waters for the past 35 years. A new proposal, "The Clean Water Restoration Act," is "intended to make extreme changes" which might be to the detriment of the current law.

HB 586 – Rep. Casas (R-Lilburn) added in Chapter 3 of Title 6 a process for a county, municipality, or other political subdivision the ability to acquire property for an airport, landing, or expansion of an existing airport. Specifically, at O.C.G.A. § 6-3-20(b) it adds:

Any property needed by a county, municipality, or other political subdivision for an airport or landing field or for the expansion of an airport or landing field may be acquired as provided in Code Section 6-3-22; provided, however, that a county, municipality, or political subdivision of this state may acquire more than 20 percent of the total land area of another county or municipality or other political subdivision only with the consent of the governing authority of the county, municipality, or other political subdivision wherein the property is located, as expressed either in a resolution adopted by such governing authority, granting its consent to such acquisition, or by failure of such governing authority to adopt a resolution denying its consent to such acquisition within 60 days from the receipt of a resolution from the proposed acquirer requesting approval of such acquisition, or with the consent of the General Assembly, as expressed in a resolution enacted by the General Assembly, after denial of consent to such acquisition by the governing authority of the county, municipality, or other political subdivision wherein the property is located; provided, however, that for any proposed airport or airport expansion by a city into a county where such city is located, or by a county into a city located in such county, the decision of the governing body of the jurisdiction into which such proposed airport or airport expansion is to be located shall be final as to whether or not such acquisition may be consummated.

HB 587 – Rep. Levitas (D-Atlanta) introduced comprehensive revisions for the appeal of assessments for ad valorem taxation as found in Chapter 5 of Title 48. Some highlights of his proposal include:

Defines terms such as "appraisal," "appraisal evaluation," "county's appraisal valuation," "immediate family member," "taxpayer's appraisal valuation"
Establishes that any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors as to matters of taxability, uniformity of assessment, and value and for residents, as to denials of homestead exemptions. It also permits any resident or nonresident taxpayer having property which is located within a municipality, the boundaries of that municipality extend into more than one county, the ability to appeal an assessment on that property by the county board of tax assessors as to matters of uniformity of assessment of their property with other properties located within that municipality and any uniformity adjustments to the assessment which may result from that appeal would only apply for municipal ad valorem taxation purposes.
Outlines how fair market value is to be determined using an appraisal valuation in an appeal.
Inserts a process for the county to be permitted the ability to challenge whether a purchase of property was a bona fide arm's length transaction.

HB 595 – Rep. Hill (R-Canton) authored in O.C.G.A. § 43-41-7 language which upon the discovery of a defect relating to residential construction, a report be generated by the residential contractor or any affiliated entities or successors must provide a buyer by statutory overnight delivery a copy of this report, describing in detail the defect or any engineering report describing any "fill" relating to such construction. These reports would be due to the buyer within five days of their completion.

HB 602 – Rep. Reece (D-Menlo) authored the establishment of "State Public Safety Monitoring Act." This would be added as a new Code Section At O.C.G.A. § 35-1-16 and would require on September 1, 2010 and September 1 of each year thereafter that the State's auditor prepare a report pertaining to the preceding fiscal year with information as follows on "certified peace officers:"

1) The number of certified peace officer positions assigned to each state agency, the percentage increase or decrease in positions and personnel for each agency from the preceding year, and the percentage increase or decrease of positions and personnel for each agency from five and 10 years preceding the date of the report;

(2) The average number of certified peace officer positions that remained filled for the preceding year for each agency;

(3) State funds allocated for law enforcement purposes to each agency or division of such agency and an inventory of funds actually spent for law enforcement purposes, by each agency, indicating the functions or services funded, including amounts spent for equipment, personnel services, buildings, vehicles, administrative costs, and costs for other primary activities of each law enforcement agency or division, including amounts spent for both certified peace officers and nonsworn staff;

(4) Itemized by agency, the percentage decrease or increase in funds provided for law enforcement purposes to any agency employing certified peace officers and the percentage decrease or increase of funds spent by the agency for such purposes;

(5) As provided by each agency employing certified peace officers, the number of certified peace officers and the number of certified peace officer positions in the agency compared to the number of such officers and positions in agencies performing similar functions in states contiguous to the State of Georgia and states with populations similar to Georgia's population;

(6) The average salary for each rank or position of certified peace officers within an agency employing certified peace officers and the average number of years of service for each rank, position, or employment level established by the agency;

(7) As provided by each agency employing certified peace officers, a comparison of the salaries of certified peace officers serving in the agency to salaries of certified peace officers in similar positions in agencies that are in states contiguous to the State of Georgia and states with populations similar to Georgia's population; and

(8) Such other information as the law enforcement agency or state auditor shall determine to provide so as to fulfill the intent of this Code section.

The Auditor would also be required to prepare a one-time report for each year since 2003 through 2008, which would be due by September 30, 2009. The reports would be considered public records.

HB 604 – Rep. Benfield (D-Atlanta) proposed adding at O.C.G.A. § 3-5-38.1 permission for the sale of malt beverages manufactured by the brewer for consumption on the premises and in closed packages in limited quantities for consumption off the premises. These brewers would be licensed annually and pay a $50 license tax. Surety bonds would also be required in the same manner as provided in O.C.G.A. § 3-5-25.1. It permits 'tasting rooms" and food may be provided by the licensed brewer of malt beverages on the premises of the licensee or the premises of the tasting room at no charge. Food can also be brought into these tasting rooms by any person who has permission from the licensed brewer to do so.

HB 605 – Rep. Ralston (R-Blue Ridge), along with Rep. Keen (R-St. Simons), offered the "Transforming Transportation Investment Act." Governor Perdue, Lt. Governor Cagle, and Speaker Richardson announced last week their ideas to overhaul Georgia's transportation Department, its oversight and system of funding transportation projects. This Bill amends Titles 32 and 50 to create the proposed changes.

HB 607 – Rep. Talton (R-Warner Robins) offered an amendment to O.C.G.A. § 35-2-1 to alter the membership of the Board of Public Safety. It adds a representative appointed by the Governor, with the advice and consent of the Senate from the membership of the Georgia Association of Fire Chiefs. This individual's term would begin on January 21, 2011 and would be for three years if passed and signed into law.

HB 608 – Rep. Weldon (R-Ringgold) proposed amending O.C.G.A. § 44-3-162 and O.C.G.A. § 44-3-170 concerning time-share projects and programs. It would amend the law to include new definitions for the terms "owners' association" and "time-share estate." It proposes to provide that a time-share estate would include certain interests (held in irrevocable trust wherein all owners of the time-share program or the owners' association of the time-share program are express beneficiaries of such trust and the trustee is independent of the developer; provided, however, that if such real property interests are held in trust, conveyance of the property to the trust shall be free of all financial liens and encumbrances or shall include a recorded non-disturbance agreement.). It would also require an owners' association to act as a fiduciary to the purchasers of a time-share program.

HB 609 – Rep. Sinkfield (D-Atlanta) introduced an amendment to O.C.G.A. § 44-9-40 to provide that a superior court can grant a private way of up to 30 feet under certain conditions. Current law permits up to 20 feet. Additionally, it adds language: "When providing for an easement pursuant to this subsection where an existing curb cut or driveway already exists on the property providing the easement, such easement shall be established by the dimensions of the existing curb cut or driveway, provided that such curb cut or driveway has a minimum width of 30 feet."

HB 610 – Rep. Cooper (R-Marietta) co-authored this Bill with Rep. Houston (R-Nashville) to revise the requirements for nursing education programs required for licensure as an "advanced practice registered nurse, registered professional nurse, or licensed practical nurse." Some of the amendments included in this Bill are:

Amends O.C.G.A. § 43-26-3 (licensure of registered professional nurses) adding a new paragraph (1.2) defining "approved nursing education program" (approved nursing education program approved by the Board of Nursing as meeting established criteria as outlined by that Board). For approval by the Board, this nursing education program must be one which is offered by: "(A) A unit of the University System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (B) An institution of the Technical College System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (C) A nonprofit postsecondary institution of higher education in Georgia that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (D) A proprietary institution of higher education in Georgia that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (E) A nonprofit postsecondary institution of higher education outside of Georgia that is accredited by a regional accrediting agency recognized by the United States Department of Education; or (F) A proprietary institution of higher education outside of Georgia that is accredited by a regional accrediting agency recognized by the United States Department of Education."
Amends O.C.G.A. § 43-26-32 (licensure of licensed practiced nurses)
Amends O.C.G.A. § 43-26-38 (concerning license by endorsement)

HB 611 – Rep. Allison (R-Blairsville) authored this Bill to provide for the offense of sexual assault against a person under the care or supervision of certain persons, specifically adding a person who is an employee, agent, or volunteer at any facility licensed or required to be licensed pursuant to O.C.G.A. § 31-7-3 relating to long-term care facilities, O.C.G.A. § 31-7-12 (personal care homes), O.C.G.A. § 31-7-151 (home health agencies), or O.C.G.A. § 31-7-173 (hospices). These individuals, if committing such sexual contact with another person who has been admitted to or is receiving services from this facility would be committing "sexual assault." Further, a person would be committing sexual assault if that person is engaged in or responsible for providing diagnostic services or therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons and such person engages in sexual contact with such injured, disabled, or sick person in a hospital or other institution. The Bill establishes penalties for individuals convicted of sexual assault so that they would be punished by imprisonment of not less than ten years nor more than 30; penalties are greater if the sexual assault is committed against a child under the age of 14 years.

HB 613 – Rep. Mills (R-Gainesville) offered a new set of Code Sections in Chapter 60 of Title 36. In O.C.G.A. § 36-60-27, a governing authority of a county or municipality would be authorized to enter into non-exclusive franchise agreements with private persons, firms, associations, or corporations for "open top roll off dumpsters which are 22 feet or less in length placed at construction sites for the collection and disposal of construction debris or inert debris." No fee could be imposed for such non-exclusive franchise agreements. Additionally, the proposal adds that no governing authority could enter into an exclusive agreement for these dumpsters at such sites. In O.C.G.A. § 36-60-28, it is proposed to add: "No firms providing residential solid waste collection services in a portion or all of a county or municipality shall be displaced by such county or municipality from providing residential solid waste collection services in any area of the county or municipality unless the county or municipality provides public notice of its intention to displace such firms at least two years in advance of such displacement."

HR 493 – Rep. Wix (D-Austell) proposed this Resolution urging Congress to investigate the reasons for the "volatile fluctuation in oil and gasoline prices in the United States."

HR 494 – Rep. Wix (D-Austell) offered this "urging" Resolution to urge public and private employers in the Atlanta area to adopt flexible hours for their employees in an effort to alleviate traffic congestion.

HR 496 – Rep. McCall (R-Elberton) offered this Resolution, despite the continuing bad press received on Georgia's peanut industry and specifically the plant in south Georgia. March 4, 2009 has been recognized, according to this Resolution, as "Peanut Butter and Jelly Day at the Capitol." Georgia's peanut industry is a $1 billion dollar industry to the State's economy.

HR 532 – Rep. Cooper (R-Marietta) authored this Resolution to create a Joint Study Committee on Nursing Education in Georgia. This Study would look at challenges in increasing output of new nurses with the current faculty shortages to train nurses, budget constraints, lack of clinical space, and other reasons.

Committee News

Senate Health and Human Services Committee

The Senate Health and Human Services Committee passed out a Substitute to SR 328 after concerns were raised by Sen. Preston Smith (R-Rome). SR 328, by Sen. Mullis (R-Chickamauga), originally was an "urging" Resolution "urging the Georgia Senate to acknowledge a paramount right to life and the need for the protection of innocent human life at every stage of life." Once amended, the Resolution now proposes to "acknowledge a paramount right to life and the need for the protection of innocent human life at every stage of life." An additional revision was made from the original proposal which stated,

WHEREAS, although an amendment has been proposed for this state's Constitution, the protection of the sanctity of human life is in reality a national and global issue, and only an amendment to the United States Constitution can be truly effective to accomplish this purpose in our great nation.

Sen. Smith and the author altered this language to insert in its place the following:

WHEREAS, an amendment has been proposed for this state's Constitution and the protection of the sanctity of human life is in reality a local, state, national and global issue.

The Committee also passed out SR 399, by Sen. Thomas (R-Dalton), which creates a Senate Study Committee on Nonprofit Organizations, looking at the issues impacting nonprofits around Georgia and their partnerships with local and state governments in the provision of goods and services. The Committee would look at the impact of the economic downturn since the economic downturn in terms of lowered philanthropic support as well as cuts and eliminations of federal and state funding. Representatives of the United Way of Greater Atlanta and Georgia Center for Nonprofits spoke in support of this proposal.

Senate Transportation Committee

A Substitute has been reported out on SB 200, the "Transforming Transportation Investment Act." This initiative abolishes the State Road and Tollway Authority and creates the State Transportation Agency and the State Transportation Authority.

Senate Banking and Financial Institutions Committee

This Committee met and reported out a Substitute to SB 57, the amendments to Georgia's Fair Lending act. New definitions are added for terms "mortgage broker" and "subprime home loan." It prohibits the prepayment or collection of fees or penalties with subprime home loans. Mortgage interest would accrue in advance of payment in full of a loan made under a local, state or federal government sponsored mortgage insurance or guaranty program, including a federal Housing Administration program, with such not being considered as a prepayment fee or penalty.

SB 141 also reported out of this Committee, dealing with foreclosures and deficiency judgments. It provides for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract. One of the revisions made in Committee lowered to $5,000 from the original proposal of $7,500 the filing of a deed under power more than 90 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract. It also added such fee of $5,000 would apply in the event of a deficiency judgment is sought, more than 90 days following the date of confirmation of sale, whichever is later. The Committee also added in O.C.G.A. §44-14-160 a protection so that unless the purchaser cannot file the deed under power due to a legal action having been filed that prevents or delays the filing of the deed under power. Otherwise, the purchaser must present the deed under power for filing and recording no later than 30 days following the date of the exercise of the power of sale in a mortgage, security deed, or other lien contract or, in the event of a deficiency which would require to be filed 30 days after the date of the confirmation of the sale, whichever is later.

Senate Natural Resources Committee

Sen. Pearson's (R-Dawsonville), SB 155 moved without difficulty through the Committee. SB 155 seeks to exempt "ephemeral streams" from the 25 foot buffer requirement that applies to most bodies of water. Ephemeral streams are defined as man-made, not a source of water and only have precipitation as the main source of water. Under federal statutes these are not considered streams.

SB 198 was also taken up by the Committee, providing that any costs to the Environmental Protection Division accrued from "The Clean Air Act" and emissions testing be covered by the fee that is currently charged to consumers. There would be no additional charge to the consumer due to the enactment of this Legislation. SB 198 received a do pass recommendation from the Committee.

House Rules Committee

The House Rules Committee set the following calendar for the Twenty-Fifth Legislative Day:

HB 300 requires that schools provide certain information to guardians.
HB 325 would require emergency medical services personnel applicants to undergo fingerprinting and background investigations.
HB 427 relates to "Enterprise Zones," providing certain criteria for pervasive property.
HB 406 provides exemptions in funding limitations to certain drinking water projects.
HB 277 would enact the Georgia 2020 Transportation Act.
HB 312 incorporates certain provisions into the S.A.F.E. Mortgage Licensing Act of 2008.
HB 396 provides provisions for uniform traffic citations in relation to drivers' licenses and driving records.
HR 206 creates the Transportation Trust Fund.
SB 39 provides for a one percent sales tax in order to fund transportation projects in special transportation districts within the State.
HB 74 extends the sunset on the "Internal Revenue Code of 1986" from January 1, 2008 to January 1, 2009.
HB 200 provides that the failure to use safety belts is permissible as evidence of negligence.

House Committee on Science and Technology

A new version of HB 460 reported out of Committee. It adds a new Article 4 at Chapter 2 of Title 8, providing that prior to agreement to participate in the federal Section 8 House Choice Voucher Program, a landlord, property manager, or property owner will have certain notice requirements. This "notice" will be required to be published in the "legal organ" of the county where the property is located as well as to be submitted to any homeowners' association at its address of record by registered or certified mail or statutory overnight delivery at least once not later than two weeks but not earlier than one month prior to the date of such qualification. The homeowners' association is permitted to disseminate the notice to its members, including the use of a newsletter or a website.

House Education Committee

After being passed out of the Subcommittee, HB 278 which would allow school systems more flexibility in expenditure controls, also received a do pass recommendation from the full Committee. An amendment was proposed to ensure that the systems could not use the State's funding to subsidize salaries. State School Superintendent Kathy Cox informed the Committee that there is already a provision that prohibits school systems from using State funds for salaries. The Amendment was then withdrawn.

House Natural Resources and Environment Committee

HR 337 reported out of Committee with a Substitute. It expresses the support of the House of Representatives for the "development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this State's economy and energy independence while respecting the natural environment and protecting it for future generations." In this newest form, it stripped out the reference that nuclear energy production is another potential alternative form of energy supply that may benefit Georgia.

A new version of HR 338 reported out of this Committee. It proposes to express the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this State's economy and energy independence while respecting the natural environment and protecting it for future generations. In this Resolution version, it adds a clause that "nuclear energy production is another potential alternative form of energy supply that may benefit this state."

HB 310 reported out of this Committee with a Substitute. Rep. Gardner (D-Atlanta) offered this Bill as an attempt to expand the State's recycling program for State agencies and part of the campaign to "Make Georgia's Capitol Green." In its original form, The Georgia Building Authority is authorized to establish and coordinate a statewide recycling program for state agencies and to establish, engage in, contract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency operations, including, but not limited to, aluminum and steel cans and all grades of paper, including corrugated cardboard, and for the mulching or composting of yard trimmings. The newer version added plastic and glass bottles to this effort as well.

House State Institutions and Property Committee

A newer version to HB 464, which amends O.C.G. § 42-5-55, was discussed and reported out of Committee. The Bill modifies deductions from an inmate's account for the payment of certain damages and medical costs. It defines "chronic illness" and now requires the inmate to be responsible for prescription medication costs for any injuries inflicted by the inmate upon himself or herself or others unless the inmate has a severe mental health designation as determined by the Department. The inmate would also be responsible for prescribed medications for medical condition treatments as long as they were unrelated to pregnancy or a chronic illness.

House Passes Appropriations Billwith 'Restored' Items

Floor News

New Legislation

Committee News

House Passes Appropriations Bill
with 'Restored' Items