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The House worked a full day today, taking up 14 measures on the floor before handling a full slate of committee meetings. Among the bills adopted by the House were provisions allowing QBE funding to follow students being treated in psychiatric residential treatment facilities, allowing charter school participation in RESAs, and tax reform proposed by Governor Nathan Deal. Details on these bills in today’s #GoldDomeReport.
Tomorrow, the House takes up 12 more propositions, including HB 790, which codifies certain recommendations of the Governor’s Criminal Justice Reform Council, and HB 847, the Psychology Interjurisdictional Compact allowing the practice of psychology through telemedicine across state lines.
In today’s Report:
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House Adopts Education, Tax Reform Measures
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Committee Reports
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New Legislation
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Rules Calendars for Legislative Day 26
Adopts Education, Tax Reform Measures
The full House considered and adopted two education measures, as well as a portion of the tax reform proposed by Governor Deal:
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HB 787, authored by Rep. Scott Hilton (R-Peachtree Corners), allows state charter schools to participate in RESAs, changes funding for state charter schools to the average of all public school systems (rather than bottom five), and provides for forward (advance) funding for expansion of a charter school that projects enrollment growth over 2% of the current enrollment. The House adopted the bill by a 111 to 54 vote.
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HB 853, authored by Rep. Katie Dempsey (R-Rome allows QBE funding to follow public school students who are admitted to a PTRF on a doctor’s orders. There are six PTRF’s in the state that already receive funding for students placed there by agencies. This legislation simply clarifies that funding should also be provided for private placements of public school students by a physician. The House adopted the bill by a 168 to 0 vote.
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HB 918, authored by Rep. Chuck Efstration (R-Dacula), allows Georgia taxpayers to take the increased standard deduction at the federal level and take either standard or itemized deductions at the state level. The legislation also enhances personal exemptions by 25 percent and includes a tax exemption on jet fuel. The House adopted the bill by a 134 to 36 vote.
Committee Reports
House:
Due to the late adjournment of the House today, Committee Reports for last House meetings will appear in tomorrow’s Report.
Senate:
Health and Human Services Committee
The Senate Health and Human Services Committee, chaired by Sen. Renee Unterman (R-Buford) met today and took up the following proposals:
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SB 318, by Sen. Michael “Doc” Rhett (D-Marietta), addresses mental health evaluations for patients and permits a temporary 1013 process that first responders would undertake with emergency room physicians. Sen. Dean Burke, MD (R-Bainbridge) noted that he had heard from hospitals which are concerned about the possible influx of patients. He made the suggestion for a pilot project so that the state could determine how this process would work. This legislation was held for more discussion and possible changes and will be heard again tomorrow.
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SB 359, by Sen. Chuck Hufstetler (R-Rome), addresses surprise billing for emergency room services provided to patients. The Georgia Association of Health Plans opposed the legislation despite changes being made. AHIP also opposed the legislation. The Committee recommended the bill DO PASS by Committee Substitute.
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SB 382, by Sen. P.K. Martin, IV (R-Lawrenceville), is a part of the Governor’s package and codifies the executive order regarding injectable drugs training approval process for optometrists. This legislation cleans up the law passed and signed last year by Governor Deal. The Committee recommended the bill DO PASS.
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SB 437, by Sen. Chuck Payne (R-Dalton), is brought by Family Policy Alliance and seeks to address instances where a do not resuscitate order involves a minor child. It permits the parent to make such consent orally or in writing. The State would intervene if the child has no parent. The version considered by the Committee defines “parent” to include individuals such as grandparents and legal guardians in O.C.G.A. § 31-9-2. The Committee recommended the bill DO PASS by Committee Substitute.
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SB 444, by Sen. Renee Unterman (R-Buford), creates the Alzheimer and Related Dementias State Plan Advisory Council. This legislation also was offered to honor the Senate’s former colleague Sen. Ross Tolleson (R-Perry) who left the Senate due to his Alzheimer’s diagnosis. This legislation passed with a DO PASS recommendation.
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SR 761, by Sen. Butch Miller (R-Gainesville), received a DO PASS recommendation. This Resolution sets up a study committee on dyslexia.
Education and Youth Committee
The Senate Education and Youth Committee, chaired today by Sen. John Wilkinson (R-Toccoa), met to consider two propositions:
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SB 456, authored by Sen. Jeff Mullis (R-Chickamauga), prohibits high schools receiving QBE funding from participating in or sponsoring interscholastic sports events conducted by any athletic association unless the association has separate regions and playoffs for private schools and public schools with enrollments of 640 students or less as determined by the full-time equivalent count. Sen. Mullis noted that he does not intend for this bill to proceed to the Senate floor this session but rather intends to send a message to the Georgia High School Association. His concern centers on small public schools being forced to participate in sports against private schools that may have disproportionate access to athletes. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
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SB 457, authored by Sen. Horacena Tate (D-Atlanta), requires that public and private schools conduct safety drills at intervals based upon guidance of the Georgia Emergency Management and Homeland Security Agency. The bill was suggested to Sen. Tate by a student who suggested that students be prepared for how to react to incidents of violence in schools. The Georgia Department of Education spoke in favor of the proposition. The Committee unanimously recommended the bill DO PASS and be sent to the Rules Committee.
Regulated Industries Committee
The Senate Regulated Industries Committee, chaired by Sen. Frank Ginn (R- Danielsville), took up three bills by Sen. Steve Gooch (R-Dahlonega):
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SB 232 was presented as a Committee Substitute which creates the FIBRE Act. The legislation was worked on by a number of entities including Georgia EMCs and Georgia Power. This legislation received a DO PASS recommendation. It moves to Rules.
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SB 425 was explained as a Code Revision for Land surveyors and an attempt to get more individuals to be licensed in these positions. It creates two classifications. There will be a basic surveyor and another classification which will incorporate the engineering courses to have a design certificate for those surveyors. DCA also asked for other amendments just prior to the meeting and addressed the Committee about exemptions. Changes were made and the Committee Substitute as amended received a DO PASS recommendation. It moves to Rules.
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SB 426 is the BILD Act and is to address city and county deployments of new cellular technology. Various entities spoke to this legislation on building cellular networks which would help to lower costs and barriers for new technology so that there will be less proliferation of cell towers. ATT spoke in support of the legislation. Small cells are critical to infrastructure. There have been 11 changes requested by GMA and ACCG - including allowance for adopting ordinances for pole spacing and requirements for co-locating of providers. GMA and ACCG spoke to legislation - they still have concerns about new technology about local control of rights of Way which is a public safety issue. The size of the boxes are concerns. There are also few issues. Unreasonable shock clocks could be improved. They will continue to work on bill which addresses a complex issue. Crisp County is in the electric business, which came out in the hearing today. Cable workers (CWA) discussed the legislation, Tony Tillie, supports bill. They have passed in other states. Wireless Infrastructure Association in full support and it is narrowly scoped. Georgia Cable Association received new language but does have concern over lack of parity. Law has passed in NC and FL and introduced in TN. Video pays in franchise fees which was brought up - to address parity. Wireless does not contribute to deaf program and other funds. Cable Association wants law to keep up with technology. Department of Transportation - bill does not apply to State right of ways. Asked for a change at line 100 - those right of ways subject under State control due to work with Federal Highway Administration. It will be covered by DOT accommodations manual. Sen. David Lucas (D-Macon) moved to do pass by Substitute noting it will end in Conference Committee. Sen. Unterman raised concerns that bill has not been perfected; Chairman Ginn indicated he wanted to move bill forward. Sen. Gooch stated he had local government experience and he wants to move bill forward- deals with rural and urban issues. He will continue to work on the bill. It passed by Substitute.
Finance Committee
The Senate Finance Committee, chaired by Sen. Chuck Hufstetler (R-Rome), met yesterday and considered six bills.
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HB 694, authored by Rep. Brett Harrell (R-Snellville), allows for the allowance of and electronic filing of certain tax breaks for motor fuel for 501(c)3 hotels. Sen. William Ligon, Jr. (R-Brunswick), presented the bill to the committee. There are only around 8 nonprofit hotels currently renting rooms in Georgia. The Committee unanimously voted DO PASS.
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HB 85 and HR 51, both of which were authored by Rep. Jay Powell, (R-Camilla), adjust the methodology used to establish the fair market value of forest land conservation use property, provides that up to 5% of assistance grants related to forest land conservation use property may be deducted and retained by the state revenue commissioner to provide for state administrative costs, and it creates a subclassification of timberland property for ad valorem taxation purposes. The bill defines the creation of and standards of the grants and classifications, while the resolution allows for a constitutional amendment change question on a voting ballot. These revisions are intended to provide for a uniform system of valuation as counties currently use different methods, causing an undue hardship in some areas of the state. The Committee unanimously voted DO PASS for both items.
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SR 752, authored by Sen. Marty Harbin (R-Tyrone), encourages the U.S. Congress to repeal the Johnson Amendment to the Internal Revenue Code. Sen. Nan Orrock (D-Atlanta) mentioned a letter that states that many faith based and non-profit groups are against this resolution. A representative of the Georgia Center for Non-profits noted that this resolution speaks on behalf of an industry that has not asked to be spoken on, and is completely against it. She believes that the Johnson Amendment shields non-profits, and repealing it would lower the public’s trust of non-profits causes. It was noted in the beginning that this was just a hearing on the resolution, but a vote was still taken. Sen. Orrock vehemently said that this is a divisive bill that will hurt non-profits. The Committee voted DO PASS, with one nay from Sen. Orrock.
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SB 432, authored by Sen. John Albers (R-Roswell), is entitled the 'Georgia Tax Credit Business Case Act.' It allows for the rotating evaluation of fiscal bills. There are no sunsets in this bill. The Committee unanimously voted DO PASS.
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SB 458, authored by Sen. Wilkerson, allows for no tax penalty in the case of a covenant that is breached solely as a result of an owner that is a family owned farm entity electing to discontinue the property in its qualifying use on or after the effective date of this paragraph, if the owner has renewed without an intervening lapse at least once, has kept the property in a qualifying use under the renewal covenant for at least three years, and any current shareholder has reached the age of 65. In general, this bill was authored to allow these family owned farm entities to qualify for a tax break, even if they are a LLC. The Committee voted DO PASS.
Public Safety Committee
The Senate Public Safety Committee, chaired by Sen. John Albers (R-Roswell), met yesterday and unanimously approved four bills.
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SB 406, is authored by Sen. Brian Strickland (R-McDonough), Governor Deal’s Floor Leader. It allows for criminal background fingerprint checks for employees of senior facilities who have direct patient access.. It requires those checks for existing employees by October 2019 and applies for new hires when it goes into effect. The Department of Community Health will process these checks. Nursing homes, assisted living facilities, personal care homes, senior day programs, home health facilities and hospices are covered. The trial lawyers have suggested some limitations on the immunity provisions for suits defending negligent hiring or retention when the background check requirement has been satisfied. Final immunity provisions are still under discussion. The Council on Aging supports the bill as amended. The Georgia Justice Project noted that the disqualifying offenses detected during the background checks are too broad and may overly exclude some potential employees with less serious criminal records that do not embody risks of elder abuse or theft.
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SB 228, authored by Sen. Josh McKoon (R-Columbus), creates penalties for the unlawful use of public safety vehicle sirens and was passed. However, his SB 417, which creates a safe driving certificate for non-citizens who are suspended from deportation by the department of Homeland security, instead of a driver’s license to be used for identification purposes such as voting, failed.
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SB 446, authored by Sen. Tyler Harper (R-Ocilla), relating to the disposal of abandoned vehicles passed, as did Sen. Brandon Beach’ s (R-Alpharetta), SB 435, relating to speeding offenses in school zones.
Judiciary Committee
The Senate Judiciary Committee, chaired by Sen. Jesse Stone (R-Waynesboro), met yesterday to hear the following:
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SB 407, authored by Rep. Brian Strickland (R-McDonough) was presented by Rep. Strickland and Carey Miller. There were brief public comments. The ACLU urged that additional bail reforms be added, but they applauded the efforts of the Criminal Justice Coordinating Council’s efforts. A representative of the Georgia Sheriffs rose and noted that they are not opposed to this bill, but that they do have some concerns. The Prosecuting Attorneys’ Council of Georgia praised these efforts as balanced. In addition, some of the Judicial Councils made supportive comments. Sen. Bill Cowsert (R-Athens) asked one question that led to an explanation as to where a police officer must observe some citation offenses. The Committee unanimously voted DO PASS by substitute.
New Legislation
The following propositions have been introduced in the House:
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HB 976 – authored by Rep. Ron Stephens (R-Savannah), establishes the State Gaming Commission to regulate the lottery in Georgia.
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HB 977, authored by Rep. Karen Mathiak (R-Griffin), amends Title 31 to provide that microblading of the eyebrow is included as tattooing and to provide that microblading of the eyebrow is not considered illegal tattooing near the eye. The bill was referred to the Regulated Industries Committee.
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HB 981 – authored by Rep. Wendell Willard (R-Sandy Springs), amends Code Sections 17-17-12 and 35-3-37 of the O.C.G.A., relating to notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, outcome of appeal, notifications regarding death penalty cases, and victim's rights retained at new trial or on appeal and review of individual's criminal history record information. It provides for record restriction for individuals convicted of certain felonies and misdemeanors under certain circumstances and provides for notification to victims when an individual petitions for record restriction. The bill was referred to the Judiciary Non-Civil Committee.
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HB 982, authored by Rep. Chad Nimmer (R-Blackshear), amends Title 15 relating to DFCS’s duty to conduct searches for relatives of a dependent child and provides that DFCS may be excused from a continuing duty to search for relatives if within six months of the date of such child's removal from his or her home, that the diligent search efforts by DFCS have not resulted in identification of any relatives or fictive kin who are willing to provide a permanent home for such child. The bill was referred to the Juvenile Justice Committee.
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HB 983, authored by Rep. Betty Price (R-Roswell), amends Title 19 to require that the DFCS protocol for investigating and prosecuting cases arising from alleged child abuse provide for medical review and evaluation of the child on a third or subsequent allegation of child abuse. The bill was referred to the Juvenile Justice Committee.
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HB 984 – authored by Rep. Sam Park (D-Lawrenceville), amends Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to imposition, rate, computation, and exemptions from income taxes. It provides for a refundable earned income tax credit and provides for an effective date and applicability. The bill was referred to the Ways and Means Committee.
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HB 989 – authored by Rep. David Dreyer (D-Atlanta), amends Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions. It would allow certain nonprofit charitable institutions to exempt buildings used for the primary or incidental purpose of securing income from property tax. This would also allow for a referendum on this issue. The bill was referred to the Ways and Means Committee.
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HR 1257 – authored by Rep. Jesse Petrea (R-Savannah), creates the House Study Committee on the Workforce Shortage and Crisis in Home and Community Based Settings.
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HR 1258 – authored by Rep. Shaw Blackmon (R-Bonaire), creates the House Study Committee on Equitable Taxation under Business and Occupation Taxes and Fees.
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HR 1260, authored by Rep. Mandi Ballinger (R-Canton), creates the House Study Committee on Juvenile Court Judges.
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HR 1267 – authored by Rep. Mandi Ballinger (R-Canton), recognizes C. Richard “Rick” Allen on his retirement and commends him for his superlative service with the Georgia Drugs and Narcotics Agency (GDNA).
The following propositions have been introduced in the Senate:
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SB 461, authored by Sen. Jesse Stone (R-Waynesboro), amends Title 43 to modernize the Georgia Code as it relates to barbering and the occupation of a cosmetologist. The bill was referred to Judiciary Committee.
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SB 462, authored by Sen. John Albers (R-Alpharetta), amends Title 31 to exempt integrated surgery centers from certificate of need requirements. The legislation defines “integrated surgery center” as “an ambulatory surgical center built and operated in connection with an integrated athletic training and educational facility for youth, amateur, and professional athletes, medical research activities, and physician training and education for sports medicine.” The bill was referred to the Economic Development and Tourism Committee.
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SB 464, authored by Sen. Michael Williams (R-Cumming), amends Title 48 to require the state revenue commissioner to accept cryptocurrencies like Bitcoin for payment of taxes and license fees. The bill was referred to the Finance Committee.
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SB 465, authored by Sen. Ellis Black (R-Valdosta), amends Title 7 to exempt any charge for a letter of credit by a bank from being classified as interest for purposes of the State’s usury laws. The bill was referred to the Banking and Financial Institutions Committee.
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SB 467, authored by Sen. P.K. Martin IV (R-Lawrenceville), amends Title 33 to provide for annual statements to policyholder purchasing temporary or permanent disability benefit policies through monthly automatic debits. The bill was referred to the Insurance and Labor Committee.
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SB 468, authored by Sen. Lee Anderson (R-Grovetown), amends Title 36 to provide for certain disclosures from consultants and other contractors who enter into contracts or arrangements with counties, municipal corporations, and other governmental entities to prepare or develop specifications or requirements for bids, requests for proposals, procurement orders, or purchasing orders. The bill was referred to the State and Local Government Operations Committee.
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SB 470, authored by Sen. Josh McKoon (R-Columbus), amends Title 20 to require that the Commissioner of Public Safety assign a Georgia State Patrol trooper to every public school in the state to be present at all times when the school is open and providing instructional courses. The legislation provides that it is intended to “curb[] the risk of mass firearm and other violence in schools.” The bill was referred to the Public Safety Committee.
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SB 471, authored by Sen. Chuck Hufstetler (R-Rome), amends Title 26 to to require practitioners to issue electronic prescriptions for Schedule II and III controlled substances. The legislation provides exceptions including prescriptions written by veterinarians, cases where the drug is to be dispensed out of state, and when the prescriber and dispenser are the same entity. Violations may be punished by a civil fine of up to $500. The bill was referred to the Health and Human Services Committee.
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SB 472, authored by Sen. Jennifer Jordan (D-Atlanta), amends Titles 16 and 19 to prohibit persons convicted of misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm and to prohibit persons subject to family violence protective orders from receiving, possessing, or transporting a firearm. The bill was referred to the Judiciary Committee.
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SB 473, authored by Sen. Nikema Williams (D-Atlanta), amends Title 30 to require the real-time captioning of legislative proceedings for the deaf and hearing impaired. The bill was referred to the Government Oversight Committee.
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SB 474, authored by Sen. Jennifer Jordan (D-Atlanta), amends Title 33 to provide a default definition of “pre-existing condition” for health benefit plans with a coverage period of less than one year. The bill provides that the definition for such a condition in those plans may be no more restrictive than: “Preexisting condition means the existence of symptoms which would cause an ordinary prudent person to seek diagnosis, care, or treatment; or . . . [a] condition for which medical advice or treatment was recommended by or received from a provider of health care services, within six months preceding the effective date of coverage of an insured person.” The bill was referred to the Insurance and Labor Committee.
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SB 475, authored by Sen. Elena Parent (D-Atlanta), amends Title 34 to require organizations providing contract workers to consumers provide benefits to those workers, including workers’ compensation insurance and the workers’ choices of health insurance, paid time off, and retirement benefits. The bill was referred to the Insurance and Labor Committee.
Rules Calendars for Legislative Day 26
The House will take up 12 propositions on Friday:
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HB 664 -- Income tax; deduction from income for contributions to savings trust accounts; revise (Sam Teasley, R-Marietta)
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HB 732 -- Crimes and offenses; trafficking an individual for sexual servitude; provision (Rep. Deborah Silcox, R-Sandy Springs)
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HB 790 -- State government; recommendations of the Court Reform Council; implement (Rep. Chuck Efstration, R-Dacula)
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HB 793 -- Sales and use tax; certain aquarium construction ; provide exemption (Rep. Dominic LaRiccia, R-Douglas)
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HB 809 -- Motor vehicles; Georgia State patrol motor vehicles for traffic law enforcement may be a solid color; provide (Rep. Bill Hitchens, R-Rincon)
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HB 818 -- Insurance; health care provider shall choose the method of reimbursement by insurer; provide (Rep. Lee Hawkins, R-Gainesville)
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HB 825 -- Death investigations; chief medical examiner to inter and disinter unidentified human remains under certain circumstances; allow (Rep. Rick Williams, R-Milledgeville)
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HB 830 -- Controlled substances; Schedule I and II; change certain provision (Rep. Buddy Harden, R-Cordele)
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HB 833 -- Professions and businesses; professional land surveyors; change provision (Rep. Paulette Rakestraw, R-Hiram)
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HB 847 -- Psychology Interjurisdictional Compact; enter into an interstate compact (Rep. Joyce Chandler, R-Grayson)
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HB 849 -- Income tax; reporting of federal partnership adjustments; provisions (Rep. Allen Peake, R-Macon)
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HB 867 -- Georgia Peace Officer Standards and Training Council; quorum for transaction of business; revise (Rep. Bill Hitchens, R-Rincon)
The Senate will take up 9 bills on Friday:
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SB 74 -- Courts; parental notification of abortion; provide for clear and convincing evidence for waiver (Sen. Josh McKoon, R-Columbus)
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SB 363 -- Elections and Primaries; time for opening and closing of the polls; provide ( Sen. Matt Brass, R-Newnan)
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SB 373 -- Judges of Superior Courts; eleventh judge of the superior courts of the Cobb Judicial Circuit; appointment of such additional judge; provide (Sen. Lindsey Tippins, R-Marietta)
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SB 375 -- Keep Faith in Adoption and Foster Care Act (Sen. William Ligon, Jr., R-Brunswick)
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SB 377 -- State Workforce Development Board; transfer to Technical College System of Georgia; duties and obligations; revise (Sen. Brian Strickland, R-McDonough)
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SB 397 -- Real and Personal Property; municipalities to hire state licensed real estate brokers to assist in sale; allow (Sen. Ben Watson, R-Savannah)
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SB 402 -- Achieving Connectivity Everywhere (ACE) Act (Sen. Steve Gooch, R-Dahlonega)
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SB 405 -- Georgia Student Finance Authority; grants for certain eligible students enrolled in an institution of the University System of Georgia; provide (Sen. Fran Millar, R-Atlanta)
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SB 427 -- Child Support in Final Verdict or Decree; court's discretion in making a final determination of support; provisions; change (Sen. John Kennedy, R-Macon)