Daily report [Mar. 1, 2007]

MEMBER SERVICES
Coverdell Legislative Office Bldg. Suite 609 Phone: (404) 656-0305

TOMORROW'S FORECAST
* The House will reconvene for its 28th Legislative Day on Monday, March 19, at 1:00 PM. * 7 bills and 1 resolution are expected to be debated on the floor.

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DAILY REPORT

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TODAY ON THE FLOOR
RULES CALENDAR
HB 69 - Driver's records; online; Department of Driver Services; charging fee; prohibit
- BILL SUMMARY: This bill allows individuals to get a copy of their driving record from the Department of Driver Services' website, free of charge, once in any six month period. - Authored By: Rep. Bobby Franklin of the 43rd - House Committee: Motor Vehicles - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 0
HB 144 - Motor vehicles; used; sale or advertising; change certain exceptions
- BILL SUMMARY: This bill relocates the substantive provisions of O.C.G.A. 43-47-8.1 with some minor modifications from Title 43 (Professions and Businesses) to Title 40 (Motor Vehicles and Traffic) in order to make it accessible by law enforcement officers from their mobile computers. Modifications include: Corrections of references to the chapters. Language to ensure that persons with "For Sale" signs on their vehicles who pay and park in commercial parking facilities for legitimate reasons unrelated to the sale of such vehicles are not punished. Language that imposes misdemeanor punishment for violations of the Code section which is the same as in existing law under O.C.G.A. 43-47-22 - Authored By: Rep. Bobby Reese of the 98th - House Committee: Regulated Industries - Rule: Open - Amendments(s): N/A - Yeas: 154; Nays: 0
HB 148 - Sales and use tax; aquariums; provide exemption
- BILL SUMMARY: HB 148 changes the effective dates of the sales tax exemption on sales of tangible personal property to, or used in construction of aquariums in Georgia that are owned or operated by a non-profit organization. The current dates in the code are "from the effective date of this paragraph" until January 1, 2007. This bill changes the dates to June 4, 2003 through January 1, 2011. This bill also provides that the exempt construction related sales may include expansion related sales to aquariums. The bill adds language clarifying that the exemption will apply only to aquariums in this state, which would be the Georgia Aquarium, and not to out of state aquariums that may purchase materials in Georgia, such as the Tennessee Aquarium. The fiscal impact is expected to be a decrease of $4 million in state revenues over fiscal years 2007 through 2011, and a decrease of $4 million in local government revenues over the same period. - Authored By: Rep. Mark Burkhalter of the 50th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 150; Nays: 0

HB 183 - Motor vehicles; certificates of title; definitions; change certain provisions
- BILL SUMMARY: This bill changes the term to describe a motor vehicle that has been damaged and subsequently restored to an operable condition by replacement of two or more major component parts from "Salvaged-Repaired" to "Rebuilt Motor Vehicle", within the definitions of OCGA 40-3-2. Further, it requires the term "Rebuilt" to be placed on the title of those motor vehicles meeting the definition described above. - Authored By: Rep. Tommy Benton of the 31st - House Committee: Motor Vehicles - Rule: Open - Amendments(s): N/A - Yeas: 145; Nays: 0
HB 191 - Colquitt County Board of Education; nonpartisan elections; provide
- BILL SUMMARY: The Bill provides for the nonpartisan election of members of the Colquitt County Board of Education after January 1, 2008. - Authored By: Rep. Richard Royal of the 171st - House Committee: Intragovernmental Coordination - Rule: Open - Amendments(s): N/A - Yeas: 116; Nays: 36
HB 193 - Sales and use tax; jet fuel; additional exemption
- BILL SUMMARY: HB 193 extends the existing sales tax exemption for sales or use of jet fuel to or by qualifying airlines. Currently, qualified airlines operating in Georgia pay the first $15 million in state sales tax plus applicable local sales taxes on purchases or use of jet fuel. Thereafter, the purchase or use of jet fuel is exempt from state and local sales tax except for local option sales taxes for educational purposes which become effective before July 1, 2005. This exemption is currently set to expire on July 1, 2007. HB 193 would extend this exemption to July 1, 2009. GSU Fiscal Research Center estimates the revenue impact on state revenues to be $22.6 million per year, and local impact is expected to be $11.3 million. Based on their research, it appears that only Delta has fuel expenses that would clearly be capped by this provision. "Qualifying airline" is defined as any person which is authorized by the Federal Aviation Administration or appropriate agency of the US to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. - Authored By: Rep. Mark Burkhalter of the 50th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 151; Nays: 1
HB 208 - School councils; parent members; majority; provide
- BILL SUMMARY: This bill amends Code Section 20-2-86 of the O.C.G.A. relating to the operation of school councils. The bill changes the language so that the parent members make up a majority on the school council and that the chairman is to be a parent member. - Authored By: Rep. Jan Jones of the 46th - House Committee: Education - Rule: Open - Amendments(s): N/A - Yeas: 147; Nays: 14
HB 243 - HOPE scholarships; eligible postsecondary institution; revise definition
- BILL SUMMARY: This bill revises the definition of "eligible postsecondary institution" by eliminating institutions controlled by local boards of education. Additionally, the bill provides that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Higher Education - Rule: Open - Amendments(s): N/A - Yeas: 164; Nays: 0

HB 247 - Local government; water and sewer systems; change certain provisions
- BILL SUMMARY: This bill prohibits counties, municipalities, and local authorities from requiring connection with or use of water supplied by a public water system except when other water is unfit. - Authored By: Rep. Bob Smith of the 113th - House Committee: Governmental Affairs - Rule: Open - Amendments(s): N/A - Yeas: 151; Nays: 11
HB 270 - Juvenile proceedings; appointment of guardian ad litem; change provisions
- BILL SUMMARY: Revises definitions related to a Court Appointed Special Advocate or "CASA" to provide that a CASA will be a community volunteer who is trained, screened and supervised by the court, and has been appointed a guardian ad litem by the court in a juvenile deprivation proceeding. The CASA will be sworn in by a juvenile court judge and will not be assigned a case before being sworn in. CASAs will be appointed as early as possible in the proceedings by a signed order and his or her duties will be to advocate for the best interests of the child. As an advocate for the child the CASA will be notified of all court proceedings and will have access to all records and information relevant to the child's case; the CASA's right to access those records will be as broad as any attorney's rights. CASA's will be immune from liability and can be removed by the court for nonparticipation or for acting in a manner contrary to the child's best interest or if the court deems further service unnecessary. - Authored By: Rep. David Ralston of the 7th - House Committee: Judiciary Non-Civil - Rule: Open - Amendments(s): N/A - Yeas: 153; Nays: 0
HB 313 - Georgia Correctional Industries Administration; certain inmate work programs; clarify
- BILL SUMMARY: A bill related to voluntary inmate labor programs. This bill will clarify that the Georgia Correctional Industries Administration has authority to administer and manage certain inmate work programs, and to publicize and invite employers to participate in such inmate work programs. - Authored By: Rep. Terry Barnard of the 166th - House Committee: State Institutions & Property - Rule: Open - Amendments(s): N/A - Yeas: 159; Nays: 0
HB 374 - Hotel motel tax; definitions; change certain provisions
- BILL SUMMARY: HB 374 seeks to provide clarification to hotel/motel tax provisions. The bill moves certain definitions related to the hotel motel tax from later sections into the code section with other definitions on this tax at the beginning of the Article. These definitions include "private sector nonprofit organization", "state authority", "charitable trust", "functionally related business", "fund" or "funding", and "local authority". - Authored By: Rep. James Mills of the 25th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 152; Nays: 0
HB 410 - Municipal Option Sales Tax Act; enact
- BILL SUMMARY: The purpose of HB 410 is to authorize the city of Richland to hold a referendum for citizens of the city to vote to allow the city to levy a Municipal Option Sales Tax of 1% in order to correct the problem of asbestos fibers in the water system and the problems with gas leakage. The bill is drafted narrowly to only apply to Richland by including language that the city imposing this tax must have received correspondence from the Department of Natural Resources on or after January 1, 2007 urging the city to "make distribution pipe replacement its highest priority as soon as possible to correct and eliminate the asbestos fiber health risk to its citizens." The bill also provides for the maximum proceeds from this tax to be collected, $1.8 million, which is equal to the estimates of eliminating the asbestos and gas problems, and for the maximum amount of time, which is to be nine years. So no future cities may use this statute to levy a MOST, the bill includes language repealing the article after nine years. - Authored By: Rep. Bob Hanner of the 148th - House Committee: Ways & Means - Rule: Structured - Amendments(s): N/A - Yeas: 152; Nays: 4

HB 448 - Retirement; term life insurance; certain eligible persons; establish two funds
- BILL SUMMARY: This bill requires the State Employees' Assurance Department to split the existing group term life insurance fund into two separate funds: the Retired and Vested Inactive Members Trust Fund and the Active Members Fund, in order to put the law in compliance with the new accounting requirements. - Authored By: Rep. Ben Bridges of the 10th - House Committee: Retirement - Rule: Open - Amendments(s): N/A - Yeas: 152; Nays: 0
HB 510 - Boating safety zones; Lake Oconee; certain vessels; change certain provisions
- BILL SUMMARY: This bill was brought to repair an unintended consequence of prior legislation and relates only to maximum allowable vessel sizes on Lake Oconee. This allows a certain vessel to continue operation until such time as a replacement is necessary. This essentially grandfathers an existing vessel which, due to an oversight, was left out of the grandfathering provisions of prior legislation. - Authored By: Rep. Mickey Channell of the 116th - House Committee: Game, Fish, & Parks - Rule: Modified-Structured - Amendments(s): N/A - Yeas: 149; Nays: 1
HR 246 - Board of Regents; urge to establish intercollegiate wrestling programs
- BILL SUMMARY: This resolution urges the Board of Regents to establish programs for intercollegiate wrestling. - Authored By: Rep. James Mills of the 25th - House Committee: Higher Education - Rule: Open - Amendments(s): N/A - Yeas: 157; Nays: 0
*NOTE: HB 353 and HB 424 were removed from the Rules Calendar by Motion to Recommit the bills. The bills are back in the Committee on Rules.
* The House will reconvene Monday, March 19, at 1:00 PM, for its 28th Legislative Day of the 1st Regular Session of the 149th General Assembly.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 28th Legislative Day, Monday, March 19, and bills may be called at the pleasure of the Speaker.
RULES CALENDAR FOR NEXT LEGISLATIVE DAY
HB 219 - Certain local sales and use tax; motor fuels; prepayments; provisions
- BILL SUMMARY: HB 219 provides for local prepaid motor fuel taxes to be collected in the same manner as state prepaid motor fuel taxes. The bill provides that the same prices set out in the section on prepaid taxes at the state level shall be used to compute the prepaid tax rate for local jurisdictions by multiplying such price by the applicable rate imposed by the jurisdiction. This price is the statewide average retail price by motor fuel type as compiled by the Energy Information Agency of the US Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes impose by the first motor fuel tax. The bill also adds a new paragraph to the code section on refunds of motor fuel taxes which provides for a credit or refund in the case when a distributor purchases motor fuel that the prepaid tax was imposed on (pursuant to the code section that imposes the second local motor fuel tax), and then sells such fuel to a governmental entity that is totally or partially exempt from the tax. The amount of the credit is the prepaid sales tax rate multiplied by the gallons of motor fuel purchased by the exempt entity. - Authored By: Rep. Richard Royal of the 171st - House Committee: Ways & Means - Rule: Structured

HB 321 - Bona fide conservation use property; assessment; change certain eligibility requirements
- BILL SUMMARY: HB 321 allows each person that owns an interest in a family owned farm entity to own 2,000 acres of conservation use property, rather than only allowing a family owned farm entity a maximum of 2,000 acres total. A person's percentage interest in the farm entity is to be the same as their percentage interest in the conservation use property, and the person may allocate the lesser of this percentage times the total conservation use property acreage or the unused portion of their allowed 2,000 so that more than 2,000 acres in total may be claimed as conservation use property. - Authored By: Rep. Richard Royal of the 171st - House Committee: Ways & Means - Rule: Structured
HB 366 - Guide or service dog; certain persons; equal public accommodations; provide
- BILL SUMMARY: This bill would allow for persons who are training guide or service dogs for use by blind or deaf citizens to enjoy the same rights of accommodation as blind or deaf citizens for the purposes of training such animal. - Authored By: Rep. Timothy Bearden of the 68th - House Committee: Health & Human Services - House Committee Passed: 2/22/2007 - Rule: Open
HB 429 - Georgia HIV Pregnancy Screening Act of 2007; enact
- BILL SUMMARY: This bill would require care providers to screen pregnant women for HIV during prenatal care or immediately following delivery, unless the woman declines the test. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - Rule: Modified-Structured
HB 433 - Meat and dairy processing plants; licenses; change certain provisions
- BILL SUMMARY: This bill addresses two issues related to meat processors. The first part provides that the Agriculture Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce the article and any regulations promulgated thereto without regard to licensing agency. The second and third parts create a permanent meat processors license and remove the annual fees associated with the license. This would apply to both meat and poultry. - Authored By: Rep. Tony Sellier of the 136th - House Committee: Agriculture & Consumer Affairs - Rule: Open
HB 457 - Revenue, Department of; special license plates; process all applications; provisions
- BILL SUMMARY: This bill changes the administrative process for the issuance of special license plates. It requires the following to be presented to the Department of Revenue before being sent to the General Assembly for authorization: 1. Sponsor must have all of the following: Commissioner's approval of application and design Post a $50,000.00 bond Have 1000 completed license applications with paid fees 2. Upon presentation of the above, Commissioner issues a letter of certification to Sponsor. 3. Sponsor goes to legislature with letter of certification to seek appropriate legislation. It becomes effective July 1, 2007 - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - Rule: Modified-Structured
HB 529 - General Assembly; budgetary functions; reflect changes
- BILL SUMMARY: House bill 529 adds a new code section, 28-5-6, to the Official Code of Georgia Annotated which establishes both a House Budget Office and a Senate Budget Office to fulfill the duties formerly carried out by the Office of Legislative Budget Analyst. This new section gives these offices the authority to request information from all state departments, boards, bureaus, commissions, committees, and authorities. All information received from the House Budget Office will be made available to the House Appropriations Office, House Budget and Fiscal Affairs Oversight Committee, and any other officers of the House of Representatives designated by the Speaker of the House. - Authored By: Rep. Richard Royal of the 171st - House Committee: Budget and Fiscal Affairs Oversight - Rule: Open

HR 102 - Clark, Mr. Robert; compensate; provide for state income tax exclusion
- BILL SUMMARY: HR 102 is a compensation resolution for Robert Clark. This is provided as compensation for wrongful detention for a crime he did not commit. Mr. Clark spent over 23 years in prison and was later found innocent of the crime based on DNA evidence. The 1st annuity of $1 million shall be paid in equal monthly installments over 15 years with an initial lump sum of $100,000. A 2nd annuity shall be paid in the amount of $200,000 over 15 years with no lump sum. The total sum of $1.2 million will be paid by funds available or appropriated to the Department of Corrections. - Authored By: Rep. Larry O`Neal of the 146th - House Committee: Appropriations - Rule: Structured
* The Rules Committee will next meet on Monday, March 19, at 11:00 AM, to set the Rules Calendar for the 29th Legislative Day.
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COMMITTEE ACTION REPORT
Education
SB 39 - Charter Systems Act; establishment of charter schools; revise/add definitions; Charter Advisory Committee
- BILL SUMMARY: This bill creates the "Charter Systems Act" and would allow entire 'systems' to become charters versus individual schools. - Authored By: Sen. Dan Weber of the 40th - Committee Action: Do Pass by Committee Substitute
Health & Human Services
HB 492 - Physicians; Composite State Board of Medical Examiners; provisions
- BILL SUMMARY: This bill would expand the Composite State Board of Medical Examiners to include two laypersons not involved in any way with the practice of medicine. - Authored By: Rep. Mike Keown of the 173rd - Committee Action: Do Pass by Committee Substitute
HB 514 - State Commission on Government Health Services Reform; create
- BILL SUMMARY: This bill would set up the State Commission on Government Health Services Reform, and provides for membership, duties, and responsibilities. The Commission is tasked with reorganizing the Departments of Human Resources and Community Health into more cohesive, mission specific and efficient bodies. Ideally, all healthcare functions would be under a single agency. - Authored By: Rep. Mark Butler of the 18th - Committee Action: Do Pass
HB 535 - Mental health; patient advocacy board; create
- BILL SUMMARY: This bill would create a Patient Advocacy Board and the Patient Advocate General, to serve the interests of citizens employing the Division of Mental Health, Developmental Disabilities, and Addictive Diseases as a provider of care. The Board and Advocate General serve for the purposes of conducting investigations of fatalities and allegations of abuse, neglect, or improper treatment or patients. - Authored By: Rep. Mark Butler of the 18th - Committee Action: Do Pass by Committee Substitute
HB 626 - Physicians; retired; continuing education hours; provisions
- BILL SUMMARY: This bill would limit the requirement for continuing education among practitioners providing uncompensated care to no more than 40 hours annually, provided the physician is retired. - Authored By: Rep. Tom Graves of the 12th - Committee Action: Do Pass by Committee Substitute
HR 350 - Joint Study Committee on the State Health System; create
- BILL SUMMARY: This resolution would create the Joint Study Committee on the State Health System. The Committee is tasked with investigating the structure of all aspects of healthcare delivery in the state, in order to determine the appropriateness of certain practices, financial arrangements, and allocation of state resources.

- Authored By: Rep. Ben Harbin of the 118th - Committee Action: Do Pass
Higher Education
HB 474 - Certain universities; Georgia entities; intellectual property; requirements
- BILL SUMMARY: This bill relates to the university system, so as to require certain universities in Georgia to offer Georgia entities the first opportunity to purchase or license intellectual property produced by such universities. - Authored By: Rep. Mike Cheokas of the 134th - Committee Action: Do Pass by Committee Substitute
Judiciary
HB 118 - Brunswick and Cobb Judicial Circuits; additional superior courts judge; provide
- BILL SUMMARY: HB 118 calls for an increase in the number of judges of the superior courts in the Brunswick and Cobb Judicial Circuits. Cobb Judicial Circuit's number of judges will rise from 9 to 10, and Brunswick Judicial Circuit's from 4 to 5. - Authored By: Rep. Earl Ehrhart of the 36th - Committee Action: Do Pass by Committee Substitute
HB 303 - Family reunification; duration of certain court orders; provide more time
- BILL SUMMARY: HB 303 permits the courts to extend a custody order for one or more periods of twelve months if a motion is made by DFACS, DHR, or an appropriate party, a hearing is held with notice and opportunity to be heard, and the court finds by clear and convincing evidence that the extension of deprivation is in the best interest of the child. - Authored By: Rep. Robert Mumford of the 95th - Committee Action: Do Pass by Committee Substitute
HB 306 - Municipal corporations; annexations of territory; provisions
- BILL SUMMARY: HB 306 will prohibit the annexation of the territory of any pending municipal corporation. - Authored By: Rep. Virgil Fludd of the 66th - Committee Action: Do Pass by Committee Substitute
HB 430 - Property; railroads; provisions
- BILL SUMMARY: HB 430 excludes lands owned by railroad corporations and companies from adverse protection claims, prescription of incorporeal rights, and establishment of private ways by prescription. The exclusion of such lands applies only to railroad property that has been the subject of a formal abandonment before the Surface Transportation Board, the track has not been removed, and the railroad corporation or company has made a documented decision that it will not restore operations. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute
Regulated Industries
HB 391 - Cemeterians State Board; members qualifications; change certain provisions
- BILL SUMMARY: This bill changes one of the requirements for becoming a member of the State Board of Cementerians. It requires a member to have a minimum of 5 years of experience as a cemeterian instead of requiring a member to be registered as a practicing cemeterian in Georgia for at least 5 years immediately preceding the appointment to the Board. - Authored By: Rep. Carl Rogers of the 26th - Committee Action: Do Pass
HB 401 - Funeral directors and embalmers; licenses; reciprocity; provisions
- BILL SUMMARY: This bill: Allows a person licensed in another state to be authorized to engage in equivalent practice without taking a national examination if that person has served as a funeral director or embalmer for 3 years immediately preceding his or her application for a license in Georgia. Leaves the approval or denial of a license to the discretion of the board and allows applicants denied a license to request appearance before the board. Clarifies that this code is not meant to prevent an applicant who is denied under this Code Section from taking the national examination, as long as he or she meets the qualifications. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute

HB 494 - Cosmetologists; definitions; wax technicians; provisions
- BILL SUMMARY: This bill: Adds provisions for certificates of registration for wax technicians and authorizes the State Board of Cosmetology to set rules and regulations for schools of waxing. Sets residency requirements for out-of-state applicants seeking certificate of registration in cosmetology, hair design, esthetician and nail technician services. Amends provisions for continuing education and makes provisions for instructors at the wax technician level. Sets course requirements for schools of hair design and schools of waxing. - Authored By: Rep. Don Parsons of the 42nd - Committee Action: Do Pass
HB 528 - Cosmetic laser practitioners; registration certificates; provisions
- BILL SUMMARY: This bill: Defines the terms of `cosmetic laser practitioner' and `cosmetic laser services'. Adds the requirement for one member of the State Board of Cosmetology to have at least 10 years of experience as a cosmetic laser practitioner at the advanced level. Brings the individuals pursuing the occupation of cosmetic laser practitioner under the supervision of the State Board of Cosmetology by requiring such individuals to obtain a cosmetic laser practitioner certificate of registration. Adds provisions for the process of obtaining such certificates and for continuing education. - Authored By: Rep. Charles Martin of the 47th - Committee Action: Do Pass
Ways & Means
HB 87 - Sales and use tax; certain machinery; blueberries; peaches; provide exemption
- BILL SUMMARY: HB 87 would create an exemption of the sales and use tax for machinery and equipment directly related to the growth, production, and cultivation of peaches, blueberries, and blackberries. The exemption will be from July 1, 2007 to June 30, 2009. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass by Committee Substitute
HB 140 - Sales and use tax; joint county and municipal; change certain procedures
- BILL SUMMARY: HB 140 changes provisions applicable to the renegotiations of distribution of joint county and municipal sales tax collections. Currently, should an agreement not be reached by the second year following a decennial census, the distribution certificate expires and the local governing authorities do not receive the tax proceeds until the distribution certificate is renegotiated. HB 140 provides that, should the parties not reach a new agreement, the previous provisions of the certificate will be in effect. The bill also provides for judicial proceedings should the parties involved not be able to reach an agreement after sixty days of non-binding arbitration or mediation. After sixty days, any party may file a petition in superior court of the county seeking resolution of the dispute. The petition will be assigned to a judge who is not a judge in the circuit in which the county is located. The judge's decision as to the allocation of tax proceeds shall adopt the best and final offer of one of the parties and shall also include findings of fact. The judge enters a final order which contains a new distribution certificate, and appeals will be allowed only for the judge's disregard of the law, for partiality of the judges, or for corruption, fraud, or misconduct by the judge or a party. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass
HB 169 - Sales and use tax; certain prepared food and beverage donations; provide exemption
- BILL SUMMARY: HB 169 creates a two year sales tax exemption for prepared food and beverages donated to non-profit organizations that provide hunger relief or donated following a natural disaster. Currently, if a restaurant donates food to charity, they are required to pay sales and use tax at the full retail value on this food. - Authored By: Rep. Charles Martin of the 47th - Committee Action: Do Pass by Committee Substitute
HB 189 - Sales and use tax exemption; certain properties; change provisions
- BILL SUMMARY: The purpose of HB 189 is to extend a sales tax exemption for the construction of an infantry museum at Fort Benning. The exemption currently ends on June 30, 2008, and HB 189 extends this exemption on construction related sales to national infantry museums to June 30, 2009. The bill also broadens the language of the exemption to make any sales of tangible personal property to such museums, including non-construction related sales, exempt from sales tax. - Authored By: Rep. Richard Smith of the 131st - Committee Action: Do Pass

HB 242 - Insurance; certain high deductible health plans; provide exemption
- BILL SUMMARY: HB 242 provides insurers with an exemption from state premium taxes equal to 2.25 percent of the premiums collected from Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the IRC. It also provides for an income tax deduction for the individual taxpayer for 100% of the premium paid for high deductible health plans established and used with a health savings account under the applicable provisions of Section 223 of the IRC to the extent the deduction has not been included in federal adjusted gross income and the expenses have not been included in itemized non-business deductions. This bill would become effective January 1, 2008. - Authored By: Rep. Tom Knox of the 24th - Committee Action: Do Pass
HB 264 - Homestead option sales and use tax; disbursing proceeds; change manner and method
- BILL SUMMARY: The purpose of HB 264 is to hold homeowners within qualified municipalities (i.e., Dunwoody) "harmless" in terms of receiving homestead exemptions paid for by the Homestead Option Sales Tax. "Qualified municipality" is defined as a municipality created on or after January 1, 2007, lying wholly within or partially within a county. The homeowners would receive the same tax relief benefit as a resident of a City of Dunwoody as they currently receive living in the unincorporated area of DeKalb County. According to the current HOST statute, city residents do not receive homestead exemptions from HOST for city taxes, only county taxes. Therefore, the more services a city provides and pays for through property taxes, the less benefit a homeowner receives from HOST. The bill also would require the county (i.e. DeKalb County) to give qualified municipalities a portion of the revenue dedicated to capital projects. The point of this is that the area would receive a portion of the money (through projects) if they remained unincorporated. Also, existing municipalities will fall under these code provisions if the intergovernmental agreement becomes null and void. - Authored By: Rep. Fran Millar of the 79th - Committee Action: Do Pass by Committee Substitute
HB 282 - Sales & use tax; repair of certain aircrafts; sale of parts; provide exemption
- BILL SUMMARY: HB 282 provides for a two year sales tax exemption on sales of engines, parts, equipment and other tangible personal property use in aircraft maintenance or repair, when such aircraft is repaired or maintained in Georgia, but not registered in Georgia. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
HB 289 - Ad valorem tax; public utilities; railroad car repairs; provide exemption
- BILL SUMMARY: HB 289 provides for an exemption from ad valorem taxes for 100 percent of expenses incurred by railroad equipment companies to maintain, repair, or improve railroad cars. The bill defines "railroad equipment company" as any person owning, leasing, furnishing or operating any kind of railroad cars on any railroad in Georgia, but not including railroad companies operating a railroad. The bill provides that "eligible expenses" may include any expenses including labor, materials, and overhead incurred in this state to maintain, repair, or improve railroad cars. The bill provides language for referendum approval. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass
HB 327 - Setoff debt collection; public housing authorities; authorize
- BILL SUMMARY: HB 327 adds public housing authorities to the list of agencies that may participate in setoff debt collection with the Department of Revenue. Setoff debt collection is the system whereby by claimant agencies and the department cooperate to identify debtors who owe money to the state and who qualify for refunds from the department, and to establish procedures for setting off against refunds the debt owed to the state. This bill provides that these housing authorities, with respect to the collection of debt related to occupying public housing, constitute a "claimant agency", so long as they establish that the debtor has been afforded due process rights and that all reasonable collection efforts have been exhausted, and that the occupant that owes the debt has moved from the property. The bill further provides for procedures for the setoff debt process specific to housing authorities. - Authored By: Rep. Mark Williams of the 178th - Committee Action: Do Pass by Committee Substitute
HB 328 - Ad valorem tax; finished goods; provide freeport exemption
- BILL SUMMARY: This bill allows for new cities to vote on whether or not to grant a Freeport exemption at the same time as they vote on the creation or functioning of that new city, when the county that the city is located in has granted a Freeport exemption. - Authored By: Rep. Roger Bruce of the 64th - Committee Action: Do Pass

HB 351 - Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit
- BILL SUMMARY: This bill creates the Georgia Arts Trust to foster public-private partnerships to support arts and tourism in Georgia, and which will receive and distribute funds to do so. It provides procedures for appointment of a board of trustees, and provides for the duties and responsibilities for this board. The bill provides for income tax credits equal to 50% of a taxpayers aggregate contribution to Georgia arts organizations, with a cap of $5,000 per year for individuals and $10,000 per year for corporations. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass
HB 380 - Tax collectors and commissioners; bill or notice mailing; change certain provisions
- BILL SUMMARY: This bill addresses the problem of tax commissioners sending notices of delinquent taxes to new owners in the records of the county board of tax assessors, only when it is "technologically feasible". In many instances the new owner is not getting a copy of this notice until after it is late, and interest and penalties are being assessed. There have been many instances of commissioners claiming it was not technologically feasible to notify the new owner in a timely manner. This bill removes this "if technologically feasible" language so that the new owner must be notified. - Authored By: Rep. Calvin Hill of the 21st - Committee Action: Do Pass
HB 385 - State and Local Tax Revision Act of 2007; enact
- BILL SUMMARY: This is the annual Omnibus bill. It provides the following changes to the tax code: Section 2, 3, 4, and 9 The purpose of these Sections is to eliminate duplication of the IRS exemption process. Currently, even though a nonprofit tax-exempt entity has already obtained an IRS determination letter, Georgia requires a separate application and issues its own state determination letter. Since Georgia has already received a copy of the IRS determination letter, this is unnecessary duplication. Georgia would retain the prerogative to deny or revoke the organization's exempt status at the state level if warranted. Section 5 Georgia annually conforms to certain provisions of the Internal Revenue Code so as to include federal changes from the prior year. This section updates and conforms Georgia's tax code to the Internal Revenue Code to include federal changes enacted in 2006. Three federal Acts were passed in 2006 and are encompassed in this Section. Section 6 The purpose of Section 6 is to give taxpayers the right to protest a refund claim denial through the Department of Revenue. This amendment would give the taxpayer the right to an administrative appeal at the time of denial, which would reduce the cost of an appeal to the taxpayer and would reduce the number of cases appealed to Superior Court Section 7 The purpose of Section 7 is to streamline the process for taxpayers to obtain refunds of erroneously or illegally assessed or collected sales tax and to impose a penalty on frivolous and fraudulent sales and use tax claims for refund. Section 8 This Section provides that eight Peace Officers Standards and Training (POST)-certified investigators appointed by the commissioner are endowed with all the powers of a police officer of this state when engaged in the enforcement of the following: the laws of the state relating to tax and other laws with respect to cases involving internal affairs of the department and cases involving fraud and theft as it relates to income, withholding, sales and use, excise and property tax. Section 10 This Section eliminates the annual consent requirement for "S" Corps. Nonresident shareholders of "S" corporations will only need to file a single consent to jurisdiction in the year that they first become a shareholder. Section 11 Section 11 removes the requirement that taxpayers attach written proof of completion of a course to tax return, and replaces this with language that no credit is allowed unless course completion is verified with the Department of Driver Services. Section 12 The purpose of Section 12 is to improve the administration and use of the Conservation Tax Credit by providing that the federal government may be a qualified donee of Georgia conservation property. Section 13 The purpose of Section 13 is to conform to federal electronic filing requirements. Federal law allows all taxpayers to file electronically, but has made it a requirement for certain large partnerships, defined as more than 100 partners, to file electronically. Section 14 The purpose of Section 14 is to conform to federal law regarding preparer penalties, and to provide for injunctive relief. Section 15 The purpose of Section 15 is to conform to the federal provision which allows retirees the option of having state taxes withheld from lump sum distributions. Section 16 The purpose of Section 16 is to reduce the penalty on flow-through entities that fail to withhold tax on distributions from 100% to 25%. Section 17 Section 17 repeals the sunset provision on the section that enables the Department to distribute sales and use tax when a dealer does not identify to which local jurisdiction the tax is to be distributed. Currently the authority to make distributions of unidentifiable proceeds

ceases on December 31, 2007. Section 18 Section 18 updates motor fuel tax definitions to clarify the tax treatment and classification of certain motor fuels such as biodiesel, gasohol, and other gasoline blends that are not enumerated in the statute. Section 19 and 20 Section 19 states that the commissioner and his agents shall have the same administrative authority given under the Internal Revenue Code to examine fuel equipment, take fuel samples and detain containers containing taxable fuel. Section 20 is a technical change to a paragraph number that was changed by Section 19. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass by Committee Substitute
HB 451 - Georgia Tourism Development Act; enact
- BILL SUMMARY: The purpose of HB 451 is the promotion and development of tourism attractions in Georgia. The bill provides that companies seeking to undertake a tourism attraction project (real estate acquisitions, construction, utilities installation) may be granted a sales and use tax refund for state and local sales taxes generated by or arising at the tourism attraction. "Tourism attractions" may include cultural or historic sites, recreation or entertainment facilities, areas of natural phenomenon or beauty, convention hotels and conference centers, race tracks with lodging, and golf facilities with lodging. "Tourism attractions" may not include facilities primarily devoted to retail sales, shopping centers, restaurants, movie theaters, performing arts facilities, Georgia crafts and project centers, or recreational facilities that are not likely to draw overnight guests in commercial lodging facilities. The bill provides for the commissioner of economic development to establish standards for the filing of applications for tourism attraction projects by administrative regulations, and specifies what must be included in applications filed with this department. Such applications must include marketing plans, description and location of the project, capital and other anticipated expenditures and anticipated sources of funding, business plans indicating the average number of days per year the project will be in operation, and anticipated revenues to be generated. Approval may be granted if the project shall attract at least 50% of its visitors from out of state residents, will have approved costs in excess of $25 million, will have a positive impact on Georgia tax revenues (after refunds), will produce sufficient revenues and public demand to be operating at least 250 days per year, and will not adversely impact existing employment in Georgia. Upon approval of the application, the terms of the agreement between the company and the Department of Economic Development which grants the refund shall be ten years, and the total sales tax refund allowed over the term of the agreement is equal to the lesser of the total amount of sales tax liability of the approved company and its lessees or 25% of the approved costs for the project. The terms of such agreement must also include the projected amount of approved costs and the date the company will have completed the project and begun operations. "Tourism attractions" may include cultural or historic sites, recreation or entertainment facilities, areas of natural phenomenon or beauty, convention hotels and conference centers, race tracks with lodging, and golf facilities with lodging. "Tourism attractions" may not include facilities primarily devoted to retail sales, shopping centers, restaurants, movie theaters, performing arts facilities, Georgia crafts and project centers, or recreational facilities that are not likely to draw overnight guests in commercial lodging facilities. - Authored By: Rep. Jeff Lewis of the 15th - Committee Action: Do Pass by Committee Substitute
* Bills passing committees are reported to the Clerk's Office, and are then placed on the General Calendar.
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COMMITTEE BROADCAST SCHEDULE

10:00 AM 11:30 AM 10:30 AM 11:30 AM

Friday, March 02, 2007 Appropriations General Subcommittee Appropriations Health Subcommittee

506 CLOB 403 CAP

* This schedule is accurate at the time of this report, but meeting dates and times are subject to change. To view the most up to date meeting schedule, please visit http://www.legis.ga.gov and click on Meeting Notices. To view the live streaming video of the meeting, please visit the Georgia Legislative Network website.
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CONTACT: BRENT CRANFIELD
(404) 656-0305 Brent.Cranfield@house.ga.gov