Committee action report [Mar. 2007]

COMMITTEE ACTION REPORT
Recess Week of: March 12-16, 2007
Tuesday, March 13, 2007
Agriculture & Consumer Affairs
HB 598 - Agriculture Commissioner; hearings; initial and final decisions; change certain provisions - BILL SUMMARY: This bill relates to administrative authority of the Commissioner of Agriculture and hearings for individuals that have been adversely affected by decisions of the Commissioner. The bill clarifies some of the language regarding applications for final agency review by the Commissioner and outlines a 90 day time-frame for judicial review by the superior court in which the petition for judicial review was filed. In instances where certain requirements are not satisfied, then the final agency decision shall be affirmed by operation of law. - Authored By: Rep. Jon Burns of the 157th - Committee Action: Do Pass
Economic Development & Tourism
HB 291 - Georgia Council for the Arts; Georgia Arts Alliance; create - BILL SUMMARY: The bill creates the Georgia Arts Alliance that would serve to foster public private partnerships in the interests of the arts. The bill establishes a Board of Trustees for the Alliance. In addition by no later than June 1, 2008, the Department of Education, in conjunction with the Georgia Arts Alliance, shall develop and implement a Future Art and Music Teachers Pilot Program. The Future Art and Music Teachers Pilot Program shall provide, in at least six schools in this state, a program through which students in grades 11 and 12 may provide visual art and music instruction to students in kindergarten through grade six. - Authored By: Rep. Joe Wilkinson of the 52nd - Committee Action: Do Pass by Committee Substitute
Governmental Affairs
HB 181 - Public safety and judicial facilities authorities; bond indebtedness; provide limitations - BILL SUMMARY: This bill requires public safety and judicial facilities authorities to seek approval via referendum before issuing bonded indebtedness and to itemize project priorities. - Authored By: Rep. Mike Jacobs of the 80th - Committee Action: Do Pass by Committee Substitute

HB 471 - Local government; privately constructed water systems; requiring ownership transfer; prohibit - BILL SUMMARY: This bill will prohibit local governments from requiring transfer of the ownership of privately constructed water or sewage systems under certain conditions. It is narrowly drawn so as to apply to only one private system in one county in Georgia. The law will sunset January 1, 2009. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute
HB 519 - Counties and municipal corporations; taxicabs; provisions - BILL SUMMARY: This bill codifies the local ordinances governing taxicabs. Further, it provides for the transferability of certificates of public necessity and convenience and medallions for taxicabs - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass
Judiciary Non-Civil
HB 185 - Death penalty; jury findings; aggravating circumstance; change provisions - BILL SUMMARY: Relates to how judges impose the death penalty for a person convicted of murder. If the jury finds beyond a reasonable doubt that there was at least one statutory aggravating circumstance the judge may sentence the defendant to imprisonment for life without parole if a majority of the jury voted for a sentence for death or life without parole or sentence the defendant to death if upon their last vote at least eleven of the jurors voted for death. If the vote is 11-1 the decision will go to the judge. The bill does not require that the judge impose death but allows that the judge may impose a sentence of death or life imprisonment without parole. - Authored By: Rep. Barry Fleming of the 117th - Committee Action: Do Pass by Committee Substitute
______________________________________________________________________________
Wednesday, March 14, 2007
Higher Education
HB 131 - Georgia HERO Scholarship; surviving spouses; change definitions - BILL SUMMARY: This bill amends Code Section 20-3-485 of the Official Code of Georgia Annotated relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by revising paragraph (2) to include a surviving spouse of: A deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3; or a deceased member of a reserve component of the armed forces of the United States, who was killed in a combat zone or as a result of injuries received in a combat zone, which member completed at least one qualifying term of service. - Authored By: Rep. Billy Horne of the 71st - Committee Action: Do Pass by Committee Substitute

HB 152 - HOPE scholarships; home study course; provisions - BILL SUMMARY: The bill would allow students who are home schooled and score within the 90th percentile on the SAT/ACT to receive the HOPE scholarship. The bill was amended in full committee to allow students reaching within the 85th percentile to receive the scholarship and the words home study were stricken throughout the bill to allow for Christian and unaccredited school students to qualify. - Authored By: Rep. John Lunsford of the 110th - Committee Action: Do Pass by Committee Substitute
HR 426 - Joint Higher Education Finance and Formula Study Committee; create - BILL SUMMARY: This resolution creates the Joint Higher Education Finance and Formula Study Committee. - Authored By: Rep. Bob Smith of the 113th - Committee Action: Do Pass
HR 508 - House Study Committee on the University System of Georgia's Intellectual Property Rights Management; create - BILL SUMMARY: This resolution creates the House Study Committee on the University System of Georgia's Intellectual Property Rights Management. - Authored By: Rep. Bob Smith of the 113th - Committee Action: Do Pass
Judiciary Non-Civil
HB 26 - Evidence; limitations on admissions of extrinsic transactions; provisions - BILL SUMMARY: Extrinsic Transactions into Evidence Prevents the use of a crime or act that occurs prior or subsequent to the crime(s) alleged in the indictment in evidence unless the offense is a serious violent felony as defined in OCGA 1710-6.1; and the value of the evidence outweighs the danger of unfair prejudice; and the evidence is part of a spree or pattern so unusual that it could be a pattern; and the state proves that use of the evidence is to prove a disputed issue as to identity, intent motive or plan; and there is evidence beyond a reasonable doubt that the defendant committed the extrinsic transaction; and there is a logical connection between the evidence and the crime being tried. Requires the state file notice that it will use the evidence at least 30 days before trial and the court to hold a hearing on the admissibility of the evidence at least 10 days before the trial. (Notice shall include the transaction, the date, county and name of the victim(s)) In any conflicts with Code Sections 24-2-2, 24-9-20, 24-9-84 and 24-9-84.1 (which each deal with evidence that may be presented regarding the character of witnesses and defendants) this new Code Section would control. - Authored By: Rep. Tom Knox of the 24th - Committee Action: Tabled
HB 92 - Tattoo; misdemeanor; eye socket; repeal - BILL SUMMARY: Repeals the prohibition against tattooing within one inch of the eye. Current law provides that tattooing within one inch of the eye is a misdemeanor. This is to provide for permanent cosmetics. - Authored By: Rep. Melvin Everson of the 106th - Committee Action: Do Pass

HB 226 - Obscenity crimes; distribution of obscene materials; insert new provisions - BILL SUMMARY: Amends provisions related to criminal distribution of obscene materials to provide that it is an affirmative defense that selling, lending, renting, leasing, advertising, publishing, exhibiting or otherwise disseminating the material was restricted to a person associated with an institute of higher education or a person whose receipt of such material is authorized by a doctor. The bill also extends the protections of this provision to public librarians acting in their official capacity. Current law only provides that the "dissemination" of obscene material is an affirmative offense. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute
HB 415 - Drivers' licenses; temporary licenses; provisions - BILL SUMMARY: Temporary licenses provided as valid documentary evidence of legal presence in the United States will be valid for one year unless otherwise provided for in federal documentation. Adds to the prohibitions against issuing or renewing a drivers license persons whose driving privileges have been suspended current law provides for persons whose license has been suspended. Treats each conviction for an offense related to a habitually negligent or dangerous driver as a separate transaction for purposes of imposing points, even if the convictions come from the same accident. Revises OCGA 40-5-57.1 subsections (b), (b.1) and (d) to require that upon a first suspension for DUI for a person under 21, if the bloodalcohol content is less than 0.08 the period of suspension will be 6 months; if greater than 0.08 the suspension will be 12 months and each offense will be treated as a separate transaction for the purpose of imposing points. Suspensions of licenses in accord with OCGA 40-5-75 related to drug offenses will run consecutively to any other suspension imposed at the time of conviction this provision is required by federal law. With respect to renewal of identification cards allows renewal in person on vial mail or electronically and does not impose a fee for replacement due to change in address or name. Allows the Commissioner of Driver Services to appoint and employ 30 investigators who are certified peace officers with jurisdiction and powers prescribed by law. - Authored By: Rep. Johnny Floyd of the 147th - Committee Action: Do Pass by Committee Substitute
HB 599 - Juvenile proceedings; adoption; provisions - BILL SUMMARY: Creates a new Code section 15-11-28(f) granting the juvenile court concurrent jurisdiction for certain adoption proceedings. With regard to concurrent jurisdiction for adoption proceedings a petition seeking adoption shall be filed within four months after the date of the order unless an adoptive placement has not been approved by the Department of Human Resources or the Department determined that it is not in the best interest of the child that a petition be filed by that time. Revises other provisions in the Code related to concurrent jurisdiction so as to provide for the changes in 15-11-28(f). - Authored By: Rep. Roger Lane of the 167th - Committee Action: Do Pass by Committee Substitute
HB 653 - Bombs, explosives and other weapons; hoax devices; expand crime - BILL SUMMARY: Makes it a felony punishable by up to five years in prison to place a hoax device with the intent to cause another person to believe that a hoax device is a destructive device or contains a detonator. Allows the court to consider costs to public safety agencies incurred in response to a hoax device when determining restitution damages. - Authored By: Rep. David Ralston of the 7th - Committee Action: Do Pass by Committee Substitute

Public Safety and Homeland Security
HR 424 - House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia; create - BILL SUMMARY: A resolution created to have the House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia. The committee will consist of five members of the House of Representatives that will be appointed by the Speaker. The Speaker will designate a member of the committee as a chairperson of the committee. The committee shall focus its attention on whether officers authorized by law to exercise the power of arrest are also required by law to be certified by the Georgia Peace Officers Standards and Training Council. - Authored By: Rep. Burke Day of the 163rd - Committee Action: Do Pass
SB 44 - Georgia Fire Officer Development Act; fire officer development training; definitions - BILL SUMMARY: A bill related to fire protection and fire safety. The bill will provide for a short title, "2007 Georgia Fire Officer Development Act", and will provide clear definitions. It will provide for the Georgia Firefighter Standards and Training Council to develop and offer fire officer development training through the Georgia Fire Academy. - Authored By: Sen. Jeff Mullis of the 53rd - Committee Action: Do Pass
Transportation
HB 590 - Traffic-control signal monitoring devices; violations; lower penalty - BILL SUMMARY: This bill amends Code Section 40-6-20 of the OCGA relating to obedience to traffic-control devices and enforcement by traffic-control signal monitoring devices by revising subparagraph (f)(3)(A) to state that the driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $35.00 if such vehicle is found to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law. - Authored By: Rep. Barry Loudermilk of the 14th - Committee Action: Failed
Thursday, March 15, 2007
Insurance
HB 550 - Medical assistance; recovery; liable third parties; change certain provisions - BILL SUMMARY: This bill changes certain provisions relating to recovery of assistance from third parties liable for sickness, injury, disease, or disability to bring Georgia into compliance with the federal Deficit Reduction Act. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass

HB 592 - Insurance; uninsured motorist coverage; provisions - BILL SUMMARY: This bill provides that uninsured motorist coverage applies only to automobile liability policies and motor vehicle liability policies and specifically excludes umbrella and excess liability policies from its application. - Authored By: Rep. Rich Golick of the 34th - Committee Action: Do Pass
HB 648 - Long-term care insurance; changes to certain definitions; provide - BILL SUMMARY: This bill makes changes to the definition of "long-term care insurance". By making the change, HB 648 will allow the selling of a 12 month policy where previously the law required a 24 month minimum. - Authored By: Rep. Tom Knox of the 24th - Committee Action: Do Pass
Intragovernmental Coordination - Local
HB 459 - Rockdale Judicial Circuit; judges; compensation supplement; change amount - BILL SUMMARY: A Bill to provide an increase in the annual local supplement to the salaries for the Superior Court judges of the Rockdale Judicial Circuit. - Authored By: Rep. Robert Mumford of the 95th - Committee Action: Do Pass
HB 547 - Duluth, City of; Redevelopment Powers Law; authorize - BILL SUMMARY: The Bill authorizes the City of Duluth to exercise all Redevelopment Powers as permitted under the State Constitution's Redevelopment Powers Law pending a local referendum to approve the authorization. - Authored By: Rep. Brooks Coleman of the 97th - Committee Action: Do Pass
HB 600 - Cobb County Probate Court; chief investigator and others; change compensation - BILL SUMMARY: A Bill to change the compensation in Cobb County of the Chief Deputy Sheriff, the Deputy Sheriffs, the Chief Investigator to the Sheriff, and the Executive Assistant to the Sheriff. - Authored By: Rep. Don Parsons of the 42nd - Committee Action: Do Pass
HB 601 - Jackson County; new commissioner districts; provisions - BILL SUMMARY: A Bill to reapportion the districts of the Jackson County Board of Commissioners. - Authored By: Rep. Tommy Benton of the 31st - Committee Action: Do Pass
HB 615 - Bulloch County; coroner; compensation and expenses; change certain provisions - BILL SUMMARY: A Bill to provide a salary for the Coroner of Bulloch County. - Authored By: Rep. Bob Lane of the 158th - Committee Action: Do Pass by Committee Substitute

HB 616 - McIntosh County; county manager; provide - BILL SUMMARY: A Bill to create the position of County Manager in McIntosh County and to provide for its duties and powers. - Authored By: Rep. Roger Lane of the 167th - Committee Action: Do Pass
HB 618 - Union City, City of; ad valorem tax; 65 years or older; provide homestead exemption - BILL SUMMARY: A Bill to provide a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older, and, to provide a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for residents of that city who are disabled. - Authored By: Rep. Virgil Fludd of the 66th - Committee Action: Do Pass
HB 621 - Cobb County Probate Court; judge and clerk; change compensation - BILL SUMMARY: A Bill to change the compensation of the Judge and Clerk of the Probate Court of Cobb County. - Authored By: Rep. Terry Johnson of the 37th - Committee Action: Do Pass
HB 623 - Cobb Judicial Circuit; superior court judges; provide supplement - BILL SUMMARY: A Bill to change the compensation of the judges of the Superior Court of the Cobb Judicial Circuit. - Authored By: Rep. Rich Golick of the 34th - Committee Action: Do Pass
HB 624 - Cobb County; Board of Commissioners; change compensation - BILL SUMMARY: A Bill to change the compensation of the members of the Cobb County Board of Commissioners. - Authored By: Rep. Ed Setzler of the 35th - Committee Action: Do Pass
HB 632 - Woodstock, City of; ad valorem tax; municipal purposes; provide homestead exemption - BILL SUMMARY: A Bill to provide a homestead exemption from City of Woodstock ad valorem taxes for city purposes for up to $250,000.00 of the appraised value of the homestead for residents of that city who are 62 years of age or over. - Authored By: Rep. Sean Jerguson of the 22nd - Committee Action: Do Pass
HB 633 - Woodstock, City of; ad valorem tax; city purposes; provide homestead exemption - BILL SUMMARY: A Bill to provide a homestead exemption from City of Woodstock ad valorem taxes for municipal purposes in the amount of $250,000.00 of the appraised value of the homestead for residents of that city who are disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent homestead. - Authored By: Rep. Sean Jerguson of the 22nd - Committee Action: Do Pass

Judiciary
HB 111 - Delayed birth certificates; petitions in probate and superior court; permit - BILL SUMMARY: No Summary Available - Authored By: Rep. Austin Scott of the 153rd - Committee Action: Do Pass
HB 117 - Motor vehicles; definition; exempt certain vehicles - BILL SUMMARY: Bill provides an exemption for motorcycle, all-terrain vechicles, and utility vehicles from the definition of a motor vehicle. Gives motorcycle dealers and brokers the same protection that is afforded farm equipment, except for the mileage provision in said bill. - Authored By: Rep. John Heard of the 104th - Committee Action: Do Pass by Committee Substitute
HB 158 - Parent and child; legitimation; clarify methods; change provisions - BILL SUMMARY: Bill amends O.C.G.A 19-7-21.1 so as to create a procedure for voluntary lgitimation of a child. The Bill also goes throughout the rest of the code and references the newly created procedure for legitimation of a child. The bill limits the timeframe in which voluntary ligitimation can occur down to one year. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass by Committee Substitute
HB 188 - Jury duty; primary caregiver of certain persons; provide exemption - BILL SUMMARY: Bill provides that those individuals who are the unpaid caregiver for persons six years or older with physical or cognitive limitations be exempt from jury duty. - Authored By: Rep. Ed Rynders of the 152nd - Committee Action: Do Pass by Committee Substitute
HB 235 - Incapacitated persons; medical treatment; decision-making panel; provide - BILL SUMMARY: Bill amends O.C.G.A. 31-9-2 so as to allow a competent adult who exhibits special care, concern, and is familiar with the patients personal values to sign an affidavit and be allowed to make certain healthcare decisionss for said patient should they become incapacitated. - Authored By: Rep. Robbin Shipp of the 58th - Committee Action: Do Pass by Committee Substitute
HB 283 - Public records inspection; certain requests may be required in writing; provide - BILL SUMMARY: Bill provides that a written request may be required for certain open records request. - Authored By: Rep. Mark Hatfield of the 177th - Committee Action: Do Pass by Committee Substitute
HB 383 - Georgia Condominium Act; define terms; provisions - BILL SUMMARY: Bill amends the Georgia Condominium Act so as to allow the creation of master condominium and sub-condominium associations. Further provides that a condominium owner is not required to have a certificate of occupation in order to own said condominium. - Authored By: Rep. James Mills of the 25th - Committee Action: Do Pass by Committee Substitute

HB 422 - Specialized land transactions; minimum amount for liens; provide - BILL SUMMARY: Bill provides that foreclosure action, as provided in Title 44, cannot occur until a lien of at least $2,000.00 exist. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass
HB 497 - Adoption; surrender rights; provisions - BILL SUMMARY: Bill provides for a biological father to execute a pre-birth surrender for the purposes of adoption. A form is created for said surrender in O.C.G.A. 19-8-26(f). The Bill further dissolves the birth mothers surrender of rights, should the biological father legitimate the child and the adoption is not granted. - Authored By: Rep. Donna Sheldon of the 105th - Committee Action: Do Pass
HB 515 - Lottery for Education Act; define certain terms; provisions - BILL SUMMARY: HB 515 creates a new code section permitting winners of a lottery, who initially selects the annuity option, to voluntarily assign their prize in whole or in part. This bill also requires the assignor to obtain a court order and be represented by counsel to safeguard against sham deals and to protect the Lottery Corporation - Authored By: Rep. Allen Freeman of the 140th - Committee Action: Do Pass by Committee Substitute
HB 540 - Domestic relations; child support; provisions - BILL SUMMARY: Bill provides for continued child support for those children who become 18 years of age or older and who are mentally or physically disabled to the extent that they are incapable of self-support. Said child support may include the maintaining of life insurance for the parent in question so that if said parent were to die, the disabled child would be the beneficiary of the life insurance. - Authored By: Rep. Tommy Smith of the 168th - Committee Action: Do Pass
HB 551 - State False Medicaid Claims Act; enact - BILL SUMMARY: Bill creates the State False Medicaid Claims Act and procedures for following same. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute
Ways & Means
HB 141 - Sales and use tax; textbooks; provide exemption - BILL SUMMARY: HB 141 creates an exemption to the sales and use tax for textbooks sold to students enrolled full time or part time in any accredited postsecondary college, university, junior college, or technical school in this state. "Textbook" is defined as any book that is principally designed for use as a source of instructional material by a student and that a student is directed in writing to purchase by the instructor of a class or course in which the student is enrolled. This exemption will be in effect from January 1, 2008 through December 31, 2009. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Do Pass by Committee Substitute

HB 195 - Georgia taxable net income; excludable retirement income amount; amend - BILL SUMMARY: HB 195 provides for a gradual increase in the amount of retirement income excludable from state income tax for taxpayers age 65 and older. Currently, for taxable years 2007 and 2008, excludable retirement income for taxpayers 62 and older may not exclude $30,000 and $35,000 respectively. Under this bill, in 2009, taxpayers that are 65 and older may exclude up to $65,000. In 2010, this cap would increase to $100,000, and in 2011 it would increase to $150,000. In 2012, the cap increases to $200,000, and in 2013 the cap is eliminated, so that for taxpayers age 65 and older, all retirement income will be excluded from state income tax. The cap on excludable income for taxpayers age 62 to 64, and for permanently and totally disabled taxpayers that cannot perform gainful occupation, will remain at $35,000 from 2008 going forward. - Authored By: Rep. Rich Golick of the 34th - Committee Action: Do Pass
HB 222 - County tax comissioners; purchasing certain property; prohibit - BILL SUMMARY: HB 222 prohibits current tax commissioners and their staff from purchasing real property sold by their county at public auction for delinquent taxes, unless such individual had an ownership interest in the property at the time the taxes became delinquent. Violation of this code section constitutes a misdemeanor and will subject an individual to maximum fines of $1000 or imprisonment of up to one year, or both. Any real property sale in violation of this section shall be void. - Authored By: Rep. Billy Mitchell of the 88th - Committee Action: Do Pass by Committee Substitute
HB 237 - Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions - BILL SUMMARY: HB 237 changes language providing a sales tax exemption for the sale of certain manufacturing machinery to clarify what the exemption will include and to broaden this exemption. Currently, an exemption is allowed for sales of machinery "used directly in" the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a plant, when the machinery is incorporated for the first time in a new plant, or when the machinery is incorporated as additional machinery for the first time into a presently existing plant. This "used directly in" language makes auditing very difficult for Revenue. This bill would change the exemption language to the sale of machinery "and equipment" which is "necessary and integral to" the manufacture of tangible personal property. Regarding the exemption for the sale of machinery and equipment which is incorporated and used for the primary purpose of reducing or eliminating air or water pollution, this bill broadens the exemption to include the sales of any repair, replacement, or component parts for such machinery and equipment. This bill also removes the provisions phasing in the exemption from 2001 to 2005 to clean up the code section. - Authored By: Rep. Charles Martin of the 47th - Committee Action: Do Pass by Committee Substitute
HB 272 - Sales & use tax; natural or artificial gas sales; provide phased-in exemption - BILL SUMMARY: HB 272 provides that as energy prices for manufacturers increase over present prices, that manufacturers will be exempt from sales tax on the increase in the energy prices. The types of energy sources included in this are natural or artificial gas, No. 2 fuel, No. 6 fuel oil, propane, and coal that are used directly or indirectly in the manufacturing process. The bill includes the current prices for each of these energy/fuel types. This exemption will be for the period commencing July 1, 2007 and concluding on December 31, 2009, and this exemption will not apply to any local taxes. - Authored By: Rep. Jeff Lewis of the 15th - Committee Action: Do Pass by Committee Substitute

HB 294 - Sales and use tax; nonprofit volunteer health clinics; provide exemption - BILL SUMMARY: HB 294 creates a sales tax exemption for sales to nonprofit volunteer health clinics that treat patients that are not insured and are below 200% of the federal poverty level, of which there are about 30 in Georgia. Exempt sales include sales of property and services to these clinics which are used exclusively by these clinics in performing a general treatment function in Georgia. The effective date of this bill is July 1, 2007, and the exemption will apply from July 1, 2007 to June 30, 2009. - Authored By: Rep. Tom Graves of the 12th - Committee Action: Do Pass by Committee Substitute
HB 302 - Excise tax; public accommodation furnishings; change certain provisions - BILL SUMMARY: HB 302 would increase the hotel motel tax in the city of Conyers from 6% to 8%. The purpose of this bill is to allow funding for the expansion and improvement of the international horse park located in that jurisdiction. - Authored By: Rep. Robert Mumford of the 95th - Committee Action: Tabled
HB 329 - Sales and use tax; packaging farm products; certain items; provide exemption - BILL SUMMARY: HB 329 creates a sales tax exemption for the sale, use or storage of packaging materials used or reused by agriculture dealers or producers solely for packaging agricultural products grown in Georgia for shipment, sales or resale. - Authored By: Rep. Austin Scott of the 153rd - Committee Action: Do Pass by Committee Substitute
HB 361 - Income tax; certain state income tax credits; change certain provisions - BILL SUMMARY: HB 361 amends two income tax credits. The Georgia Research Tax Credit is amended to align with the Federal Research Tax Credit requirements. Currently, companies must be profitable for three years before taking the credit, which precludes many companies from qualifying. This Section will eliminate this requirement and therefore allow start-ups and other companies that are not initially profitable to qualify for the credit. This bill also decreases the percentage of expenditures that may be taken as a credit from 10% to 6.5%. HB 361 also amends the Port Activity Credit. Currently, the base period for qualifying for this credit is 1997. As a result, it is now relatively easy to qualify for this credit. This bill changes the base year period to an average of the three preceding taxable years. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass by Committee Substitute
HB 407 - Sales and use tax; certain fuels; dairy production; provide exemption - BILL SUMMARY: HB 407 provides for a sales tax exemption on the sale of petroleum gas or other fuel used in a structure in which dairy animals are raised or milked or where dairy products are stored on a farm. This exemption will only apply to state sales taxes, and will apply from July 1, 2007 to June 30, 2009. - Authored By: Rep. Tom McCall of the 30th - Committee Action: Do Pass

HB 413 - Sales and use tax; joint county and municipal; change certain provisions - BILL SUMMARY: HB 413 provides for a sales tax exemption on property sold to or used in the construction of the Chattahoochee nature center. This bill is drafted to apply only to this nature center, by specifying that the nature center must be constructed on or after the effective date of this legislation, must be located on a parcel between 120 and 150 acres, and must have aggregate costs of $8 million or more. This exemption shall not exceed $350,000 in the aggregate, and this exemption will be applicable for the time period from April 1, 2007 to June 30, 2009. - Authored By: Rep. Charles Martin of the 47th - Committee Action: Do Pass by Committee Substitute
HB 436 - Sales and use tax; personal property; certain nonprofit organizations.; provide exemption - BILL SUMMARY: HB 436 exempts sales of tangible personal property to nonprofit federally qualified community health centers from state sales tax. The purpose of this legislation is to help provide medical facilities for areas of the state that are underserved. - Authored By: Rep. Richard Royal of the 171st - Committee Action: Do Pass by Committee Substitute
HB 439 - Income tax credits; film, video, or digital productions; increase amount - BILL SUMMARY: HB 439 makes changes to the income tax credit for film, video, or digital productions in Georgia, so as to make this state more competitive as a location for these productions. This is an economic development tool, as it increases the maximum percentage of the credit to 18% of the base investment. This bill also removes references to tiers used to classify counties, and makes the credit uniform across all counties. - Authored By: Rep. Larry O`Neal of the 146th - Committee Action: Do Pass
HB 441 - Income tax; federal obligations; taxable income; revise provisions - BILL SUMMARY: The purpose of HB 441 is to repeal provisions of legislation passed in 2005 dealing with the tax liability computations on interest or dividends earned from US obligations, interest derived from international banking, and income from off-shore banking. Current law stemming from the 2005 legislation requires corporations to subtract direct and indirect expenses attributable to the production of income from US obligations before taking a deduction. This bill will provide for only direct expenses to be subtracted from the deduction, as was the law before the 2005 legislation was enacted. When the change to current law was made in 2005, the fiscal impact was expected to be a tax charge of about $1 million, however that has actually been determined to have caused tax increases for our state and local banks in the amount of about $12.5 million, which was not the intent of the legislature. - Authored By: Rep. Johnny Floyd of the 147th - Committee Action: Do Pass

HB 445 - Bona fide conservation use property; buffers adjacent to rivers; change certain provisions - BILL SUMMARY: The purpose of HB 445 is to clarify the intent of legislation that was passed last year. This legislation was passed to allow charitable institutions that are exempt fom ad valorem taxation produce income on their property so long as that income is used for the operation of the charitable institution. This was to allow Goodwill and Salvation Army stores, for example, to have retail stores on their property which generate income. Private companies have begun transferring large amounts of timberland into charitable trusts to take advantage of this exemption, which was not the intent of the legislation. This bill will prohibit these companies from taking advantage of this exemption by limiting the acreage on which such properties are located to 15 acres. - Authored By: Rep. Richard Royal of the 171st - Committee Action: Do Pass by Committee Substitute
HB 453 - Farm owners; agritourism activities; provide limited liability - BILL SUMMARY: HB 453 provides that agritourism professionals (persons that lead, host, or supervise agritourism activities or own, lease, or rent agricultural property on which agritourism activities occur) shall not be liable for injury or death of participants resulting from such participant's failure to follow instructions given by the professional, failure to exercise reasonable caution while engaging in an agritourism activity, or inherent risks of agritourism activities. The bill requires agritourism professionals to post and maintain signs containing a Warning of this immunity. - Authored By: Rep. Calvin Hill of the 21st - Committee Action: Do Pass by Committee Substitute
HB 486 - County tax commissioners; compensation; additional duties; change certain provisions - BILL SUMMARY: Currently, county tax commissioners can be hired by municipalities to collect municipal taxes. A fee is given to the county for this service, and tax commissioners are compensated by the county for their service, but these county tax commissioners may also enter into a separate contract to receive compensation above what the county is being paid. HB 486 allows the county to set the compensation for that tax commissioner, so that there is only one contract between the county and the municipality rather than two contracts, by eliminating the possibility of another contract between the county tax commissioner and the municipality. - Authored By: Rep. Wendell Willard of the 49th - Committee Action: Do Pass by Committee Substitute