FOR ADDITIONAL INFORMATION, Please contact: (404) 656-5050 or (404) 656-0305 TOMORROW'S FORECAST * The House will reconvene for its 30th Legislative Day on Wednesday, March 16, at 9:30 AM. * Rules Committee will meet Tuesday, March 15 at 2:00pm. GEORGIA HOUSE OF REPRESENTATIVES DAILY REPORT Monday, March 14, 2011 TODAY ON THE FLOOR 29th Legislative Day MOTIONS TO AGREE HB 232 - Lobbyists; commission salesperson not required; prohibition not apply - BILL SUMMARY: HB 232 seeks to fix an unintended consequence created by SB 17 that was passed in 2010. It removes the requirement that a bona fide commission sales person, that sales to the state or its political subdivisions, register as a lobbyist. - Authored By: Rep. Edward Lindsey of the 54th - House Committee: Governmental Affairs - A motion to agree represents final passage of this bill. RULES CALENDAR HB 33 - Budget Act; zero-base budgeting; provide - BILL SUMMARY: Part One This bill provides for zero-base budgeting (ZBB) in the State of Georgia beginning January 2012. The Joint Fiscal Affairs Subcommittee is authorized to determine certain executive branch agencies to submit a ZBB at least once every six years in a coordinated format determined by the Governor and the Office of Planning and Budget. The Subcommittee is authorized to review and/or hold hearings on ZBB submissions. Those entities required to perform a ZBB will include an analysis of the two previous fiscal years, as well as proposed and prioritized fiscal spending plans with program, object class, and revenue source information. It should also include purpose statements and benchmarks of each program's efficiency and scope. The information will be presented in the Governor's budget report in a manner determined by that office. The bill includes the Board of Regents as an entity under these requirements and encourages the participation of the Judicial Branch. It requires that the Department of Education be submitted in ZBB for January 2012. A sunset provision for June 30, 2019 automatically repeals ZBB unless it is reauthorized. Part Two This portion of the bill combines the budget offices of the House and Senate into a Joint Legislative Budget Office directed by an employee selected by the Speaker and the Lieutenant Governor. It amends references throughout the O.C.G.A. that refer to the separate offices and replaces those with "Joint Legislative Budget Office." - Authored By: Rep. Stephen Allison of the 8th - House Committee: Budget and Fiscal Affairs Oversight - Rule: Modified-Structured - Yeas: 126; Nays: 45 HB 117 - Withholding tax; person listed on closing statement subject to requirements; provide - BILL SUMMARY: This legislation clarifies the definitions relating to nonresident withholding taxes, by ensuring that the person or entity listed on the settlement statement is deemed to be the seller. - Authored By: Rep. Rick Crawford of the 16th - House Committee: Ways & Means - Rule: Structured - Yeas: 147; Nays: 0 HB 167 - Insurance Delivery Enhancement Act of 2011; enact - BILL SUMMARY: HB 167 reduces regulation for "true associations" to pool together. This allows for a market-based solution to help small businesses offer group health insurance at an affordable rate. Further, HB 167 expands the "prompt pay" law to include third-party administrators of health insurance plans. - Authored By: Rep. Steve Davis of the 109th - House Committee: Insurance - Rule: Modified-Structured - Yeas: 162; Nays: 9 HB 181 - Special needs scholarship program; waiver one requirement; provide - BILL SUMMARY: House Bill 181 provides parents the opportunity to apply to the State School Board for a waiver (based on medical circumstances) of the one year school enrollment requirement related to the Special Needs Scholarship. Such applications would be considered by the Board on a case by case basis according to Board rules and procedures. - Authored By: Rep. Rich Golick of the 34th - House Committee: Education - Rule: Structured - Yeas: 115; Nays: 33 HB 225 - Agriculture; state promote sustainable agriculture; provide - BILL SUMMARY: House Bill 225 defines the word "sustainable" and provides that it shall be the policy of the state of Georgia to promote sustainable agriculture. - Authored By: Rep. Susan Holmes of the 125th - House Committee: Agriculture & Consumer Affairs - Rule: Modified-Structured - Yeas: 132; Nays: 24 HB 226 - Georgia Council on Developmental Disabilities; regulate individual accounts; provisions - BILL SUMMARY: This legislation adds an article to the section of the Georgia Code relating to the Georgia Council on Developmental Disabilities, which creates an individual development account for persons with an income lesser than 80 percent of the median household income for the area or less than or equal to 300 percent of the federal poverty guidelines. An individual development account may be used for: post-secondary education or job training; the purchase of a primary residence; major repairs on a primary residence; small business capital; and assistive technology. The account may consist of funds from earned income, child support services, social security supplemental income disability payments, community service under Temporary Assistance for Needy Families, SI benefits, an AmeriCorps stipend, or a job training stipend. The total amount paid into the account during its existence may not exceed $60,000. - Authored By: Rep. Donna Sheldon of the 105th - House Committee: Human Relations & Aging - Rule: Modified-Open - Yeas: 152; Nays: 8 HB 256 - 9-1-1 system; regulation of charges on prepaid wireless services; provisions - BILL SUMMARY: This legislation amends the collection of funds relating to the emergency telephone number 9-1-1 system by moving the collection of existing 9-1-1 charges on prepaid wireless service to the retail point of sale. The prepaid wireless 9-1-1 charge will be collected from the consumer by the seller for each retail transaction occurring in the state at a rate of $0.75 per transaction. If the minimal amount of prepaid wireless telecommunications service, defined as 10 minutes or less, or $5.00 or less, is sold for a single, non-itemized price the seller may elect not to apply the $0.75 charge to the transaction. - Authored By: Rep. Wendell Willard of the 49th - House Committee: Energy, Utilities & Telecommunications - Rule: Modified-Structured - Yeas: 161; Nays: 2 HB 261 - Disclosure; certain public records exempt; provide - BILL SUMMARY: The bill creates an exception to the Open Records Act for records of any government sponsored program providing training on or concerning governmental security measures. - Authored By: Rep. Alex Atwood of the 179th - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 157; Nays: 1 HB 269 - Drivers' licenses; provide definitions; background checks; provisions - BILL SUMMARY: HB 269 is the annual "house keeping" bill for the Department of Driver's Services. - Authored By: Rep. Tom Rice of the 51st - House Committee: Motor Vehicles - Rule: Modified-Structured - Yeas: 127; Nays: 41 HB 272 - Juvenile court; rehearing an order of associate juvenile court judge; delete provision - BILL SUMMARY: The bill eliminates the 2nd hearing a juvenile may have with the elected or appointed juvenile court judge after an associate juvenile court has issued an order/decision. - Authored By: Rep. Tom Weldon of the 3rd - House Committee: Judiciary - Rule: Modified-Structured - Yeas: 155; Nays: 0 HB 275 - Cardiopulmonary resuscitation; authorized to order not to resuscitate; clarify - BILL SUMMARY: This bill will clarify which health care providers are authorized to effectuate an order to not resuscitate. It defines the term of Caregiver and redefines Nurse for this code section. It also adds other licensed facility to those persons and or health care facilities which are able to carry out in good faith a do not resuscitate cardiopulmonary resuscitation order. The bill was amended in committee to provide for the placement of in home placards instead of bracelets to make everyone aware of the do not resuscitate order in place. - Authored By: Rep. Mike Cheokas of the 134th - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 160; Nays: 1 HB 280 - Emergency Telephone System Fund; additional uses for moneys; provide - BILL SUMMARY: This legislation specifies that 9-1-1 revenue funds that remain after jurisdictions have paid for personnel, equipment, and facilities, be used for other expenses such as: the lease, purchase, or maintenance of a mobile communications vehicle and equipment; indirect costs associated with supporting the 9-1-1 center; and the lease, purchase, or maintenance of public safety voice and data communications systems. A reserve amount of 10% of the previous year's expenditures must be maintained. - Authored By: Rep. Ben Harbin of the 118th - House Committee: Energy, Utilities & Telecommunications - Rule: Modified-Structured - Yeas: 168; Nays: 4 HB 285 - School employees; criminal background checks; revise provisions - BILL SUMMARY: House Bill 285 is relating to conditions of employment in the "Quality Basic Education Act". It deals with criminal background checks on school employees. Local units of administration and the Professional Standards Commission have the authority and responsibility to order criminal checks though the Georgia Crime Information Center and FBI. The local units of administration will also have the authority to forward results of the criminal record checks to the Professional Standards commission as necessary regarding potential violations of the code of ethics for educators. - Authored By: Rep. Brooks Coleman of the 97th - House Committee: Education - Rule: Modified-Structured - Yeas: 167; Nays: 0 HB 292 - Employment security; extend rates and credits; change certain provisions - BILL SUMMARY: HB 262 extends the sunset on employment security contribution rates from December 31, 2011 until December 31, 2016. - Authored By: Rep. Bill Hembree of the 67th - House Committee: Industrial Relations - Rule: Modified-Structured - Yeas: 151; Nays: 0 HB 303 - Physicians assistants; delegation of authority by a physician; revise provisions - BILL SUMMARY: This bill revises the delegation of authority to a physician assistant by a physician to cover the ability of a physician assistant to sign off on certain documents except for death certificates and assigning the percentage of disability rating for workers' compensation. The documents must be listed in the scope of authorized practice between the physician assistant and the physician. The bill further addresses the physician's involvement in the patient's care as it relates to the use of physician assistants. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 162; Nays: 3 HB 323 - Motor vehicle; time of perfection of security interest; change - BILL SUMMARY: HB 323 changes the time of perfection of a security interest from 20 days to 30 days if the initial delivery of the application or notice to the commissioner or local tag agent is completed. - Authored By: Rep. Michael Harden of the 28th - House Committee: Motor Vehicles - Rule: Modified-Open - Yeas: 150; Nays: 0 HB 339 - Emergency powers; challenge of quarantine or vaccination order; revise courts; provisions - BILL SUMMARY: The bill amends Article 3, Chapter 3 of Title 38 relating to the emergency powers of governor and the judicial branch. During the declaration of a public health emergency, such as in the case of a pandemic, the Department of Community Health may issue orders imposing quarantine or a vaccination program. HB 339 removes the current jurisdictional confusion as to venue to challenge such orders by designating the Superior Court in either the challenger's resident county or Fulton County as the proper venue. In addition, HB 339 removes the current jurisdictional confusing for direct appeals of the Superior Court decision as a result of such challenges. Appeals are immediately appealable to any Justice of the Supreme Court, or in absence of any Justice, a panel of the Court of Appeals, or Judge thereof in the absence of a panel, and that appellate consideration be expedited with possible suspension time for filing briefs. HB 339 clarifies that the Chief Justice of the Georgia Supreme Court, or his/her successor, is only "authorized judicial officer" acting with state-wide appellate authority. Finally, HB 339 allows the Chief Justice of the Supreme Court to extend his/her order declaring a judicial emergency for a period only as long as declared by the Governor for a public health emergency as set forth under Code 38-3-51. - Authored By: Rep. Andrew J. Welch of the 110th - House Committee: Judiciary - Rule: Modified-Structured - Amendments(s): Welch Amendment 291016 - Yeas: 134; Nays: 19 HB 343 - Mental health; psychiatric stabilization or detoxification services; provide - BILL SUMMARY: This bill will establish within the Department of Behavioral Health and Developmental Disabilities the crisis stabilization units. These short-term residential programs will provide psychiatric stabilization and detoxification services. This will further allow the Department of Behavioral Health and Developmental Disabilities to establish standards and requirements for the operation and licensure of each of these units. - Authored By: Rep. Sharon Cooper of the 41st - House Committee: Health & Human Services - Rule: Modified-Structured - Yeas: 150; Nays: 5 HB 371 - Insurable interest; state entity; not fund life insurance on public officers or employees; provide - BILL SUMMARY: HB 371 provides that neither the state nor any political subdivision of the state shall have an insurable interest on the lives of public officers or employees. Further, it provides that such entities shall not expend funds for life insurance on public officers or employees. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - Rule: Modified-Structured - Yeas: 156; Nays: 0 HB 373 - Designated felony acts; modify order for restrictive custody; clarify provisions - BILL SUMMARY: The bill allows the Department of Juvenile Justice through counsel or a juvenile to petition the court to modify a sentence based on the juveniles good behavior. - Authored By: Rep. B.J. Pak of the 102nd - House Committee: Judiciary Non-Civil - Rule: Modified-Structured - Yeas: 169; Nays: 1 HB 374 - Cosmetologists; examinations and applications for certificates of registration; change certain provisions - BILL SUMMARY: The bill revises Code section 43-10-9, relating to cosmetologists, the application for certificate of registration, examination, work permit, reciprocity, study at a technical college or public school and eligibility of a licensed barber. The bill provides for on or after July 1, 2011 an applicant applying under Code Section 43-10-9 shall pass both a written and practical exam within a 24 month period after having obtained the required credit hours or shall be required to repeat all of such required credit hours before retaking the examination. Should an applicant fail to pass the written or practical exam, the board shall furnish the applicant a statement in writing, stating what manner the applicant was deficient. Applicants applying under this Code Section who have graduated from an educational program which prepares cosmetologists in another country shall submit to the State Board of Cosmetology's credential's evaluation from a board approved credentials evaluation provider. The bill revises subsection (c) of Code Section 43-10-10 relating to display of certificate of registration, renewal, reinstatement, continuing education requirements and exemptions. The bill also amends paragraph (1) of subsection (a) of Code Section 43-10-12, relating to the regulation and permits for schools, teachers and instructors, registration of apprentices, and certification as a teacher by the Department of Education. The bill also revises Code Section 43-10-14, relating to the age of study by a person of 17 years of age or older, registration of apprentices, registration certificate and waiver of education requirements. - Authored By: Rep. Billy Mitchell of the 88th - House Committee: Regulated Industries - Rule: Modified-Open - Amendments(s): Bearden amendment 350237 - Yeas: 140; Nays: 14 HB 423 - Unfair trade practices; certain residential contractors insurance claims; violations; provide - BILL SUMMARY: HB 423 provides that a residential contractor shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. To do so shall be considered a violation of unfair trade practice. - Authored By: Rep. Howard Maxwell of the 17th - House Committee: Insurance - Rule: Modified-Structured - Yeas: 154; Nays: 1 * The House will reconvene Wednesday, March 16, at 9:30 AM, for its 30th Legislative Day. ______________________________________________________________________________________________________________ COMMITTEE ON RULES * The Rules Committee will next meet on Tuesday, March 15, at 2:00 PM, to set the Rules Calendar for the 30th Legislative Day (CROSSOVER DAY) ______________________________________________________________________________________________________________ COMMITTEE ACTION REPORT Agriculture & Consumer Affairs HB 409 - Veterinarians; application for license; revise provisions - BILL SUMMARY: House Bill 409 deals with graduates of an accredited college or school of veterinary medicine or students that possess an ECFVG certificate and it removes the board needing to approve the individuals to take the exam. This removes the board having to approve the individuals twice. - Authored By: Rep. Gene Maddox of the 172nd - Committee Action: Do Pass Health & Human Services HB 509 - State Medical Education Board; abolish - BILL SUMMARY: House Bill 509 abolishes the Georgia State Medical Education Board and transfers its powers, duties and obligations to the Georgia Board for Physician Workforce effective July 1, 2011. The Physician Workforce Board remains at 15 members; however, the Board is amended to require that three of the five members are rural primary care physicians and two members be representative of a rural, non-profit hospital. - Authored By: Rep. Hank Huckaby of the 113th - Committee Action: Do Pass by Committee Substitute Judiciary HB 284 - Commencement of action and service; certified process servers; change provisions - BILL SUMMARY: This bill changes some provisions relating to the procedure involved with certified process servers. Certified process servers will answer to the Administrative Office of the Courts instead of a county sheriff. The sunset of this provision will repeal July 1, 2016, and will be reviewed during the 2014 regular session of the General Assembly. - Authored By: Rep. Jay Powell of the 171st - Committee Action: Do Pass Judiciary HB 329 - State purchasing; certain contracting and bidding requirements; provide - BILL SUMMARY: HB 329 will outlaw any local or state governmental entity from setting aside public works projects for unions only. It restates the state policy regarding use of the lowest qualified bidder whether union or open shop. - Authored By: Rep. Bill Hembree of the 67th - Committee Action: Tabled Judiciary HB 350 - Early Care and Learning, Department of; open records requirements; provide exemption - BILL SUMMARY: The bill provides an exemption to the disclosure of open public records for any records of the Department of Early Care and Learning that would reveal certain personal information of employees and of applicants of employment. - Authored By: Rep. Howard Maxwell of the 17th - Committee Action: Do Pass Judiciary HB 419 - Foreclosure; time of delivery of notice of proceedings; change - BILL SUMMARY: The bill provides a consumer with an absolute right to bring their mortgage up to date if they pay all past due payments along with any late fees or attorney's fees. Current law requires permission from the lender in order to do this. The creditor may require that payment be made by cash, money order, electronic funds transfer, or certified check. As introduced, HB 419 extends the notice provision of foreclosure from 30 to 90 days. The committee substitute does not include this provision. - Authored By: Rep. Billy Mitchell of the 88th - Committee Action: Do Pass by Committee Substitute Judiciary Non-Civil HB 342 - Stalking; family violence order; define - BILL SUMMARY: The bill allows law enforcement to arrest a perpetrator upon observing a violation of a magistrate's restraining order. It will also provide definitions for family violence and family violence order as used in this Code section. - Authored By: Rep. Doug McKillip of the 115th - Committee Action: Do Pass by Committee Substitute Judiciary Non-Civil HB 402 - Georgia Crime Information Center; criminal records; change provisions - BILL SUMMARY: The bill updates and modernizes expungement law. This legislation completely revises Code Section 35-3-37 relating to inspection, purging, modifying, or supplementing of criminal records. Individuals to review their criminal history record and may request a review of the record if he or she believes it is incorrect. If the individual is not satisfied with the result of the review and is unable to have it changed, then he or she may appeal to the superior court. If the court finds by a preponderance of the evidence that the criminal history record information is inaccurate, then the court will order this information to be corrected. Any ruling by the court may be appealed, but it will only be overturned if the appealing party can prove an abuse of discretion. HB 402 also restricts access to an individual's criminal record history information when prior to indictment or accusation (1) the case was never referred for further prosecution or (2) the case was referred to the prosecuting attorney but was later dismissed. after indictment or accusation (1) the case was dismissed or abandoned (2) the individual went to trial but was found not guilty of the offense (3) the individual was convicted, but the conviction was vacated or reversed by an appellate court or (4) the grand jury returned a no bill. It will be the duty of the entity holding the records to take reasonable actions to prevent disclosure of information to the public which would identify any individual whose criminal history is restricted. If an individual's criminal history record information is restricted under this law, then the individual will not have to disclose the fact of the arrest, record, or any related matter on an application for employment. - Authored By: Rep. Mark Hatfield of the 177th - Committee Action: Do Pass by Committee Substitute Judiciary Non-Civil HB 421 - Criminal procedure; plea of mental incompetency; change provisions - BILL SUMMARY: The bill revises current criminal procedures for determination of whether an accused criminal defendant is incompetent to stand trial. HB 421 creates a new Code Section 17-7-129 to codify case law and the current practice of Superior Courts raising the question of an accused's competency to stand trial. It revises existing Code Section 17-7-130. Here, it provides for a bench trial to determine the competency of an accused to stand trial rather than the current requirement of a special jury trial. HB 421 clarifies the involvement of the Department of Behavioral Health and Developmental Disabilities in reaching a determination of competency. Further, the bill requires that the bench trial on an accused's competency or civil commitment be held within 45 days of the court's receipt of a competency or civil commitment evaluation from the Department. The bill establishes the maximum time frame an accused, who has been found incompetent, may be held for further evaluation and establishes the maximum time frames for which an accused may be civilly committed. Finally, HB 421 revises the Crime Victim's Bill of Rights to ensure that victims are aware of competency and civil commitment hearings. - Authored By: Rep. Andrew J. Welch of the 110th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 73 - Revenue and tax; local option tax for economic development; provisions - BILL SUMMARY: House Bill 73 creates a new local option sales tax to fund the arts. Counties may levy a tax at a rate of up to 1% in increments of one-tenth of 1%. It will be levied and collected like the special purpose local option sales tax. The duration of the tax depends on the gross revenues of the qualified nonprofit arts and cultural organizations within the county those with combined gross revenues in excess of $100 million will have a 15 year duration, those with equal to or less than $100 million may specify a maximum of up to 15 years. The tax may be used to fund either or both operating support and capital improvements of these arts organizations. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass Ways & Means HB 119 - Sales and use tax; change certain definitions - BILL SUMMARY: This legislation provides for a two year exemption of sales taxes levied on diesel fuels that are used in locomotives. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 259 - Motor vehicle taxation; comprehensive revision - BILL SUMMARY: HB 259 provides that motor vehicles titled in Georgia on or after January 1, 2012 will not be subject to sales tax and will not be subject to ad valorem tax. In lieu of these taxes, motor vehicles will be subject to a one-time state and local title fee in the total amount of 6.75% of the value of the vehicle. The local share of the total fee increases over time as their ad valorem revenues decrease. Motor vehicles titled prior to 2012 will continue to pay ad valorem taxes. Cars purchased during 2011 will have the ability to "opt in" to the new title fee system. Trauma funding is also included in this legislation it will be the greater of $150 million or $50 per fee. EXCEPTIONS: Salvage titles will be subject to a $20 title fee only. Persons that must have vehicles re-titled in their names upon the death of/ transfer from an immediate family member only have to pay a $50 administrative fee to change the title IF the vehicle was already on the new title fee system. If the vehicle was still on the ad valorem system, they have an option. They may choose to either: o Stay on the ad valorem system (will not have to pay the 7% fee), or o Pay the new title fee and enter the vehicle in the new title fee system (no more ad valorem taxes on that vehicle). Persons moving into Georgia will only be required to pay 50% of the title fee upon moving into the state, and will have 12 months after that to pay the remaining 50%. This title fee will not apply to corrected titles, replacement titles, or titles reissued to the same owner which reflect satisfaction of liens. Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the new title fee; provided that such government entity must be exempt from ad valorem tax and sales and use tax under general law. Rental motor vehicles have a lesser title fee because they are not currently paying sales taxes on those vehicles. Disabled Veterans, Purple Heart recipients, and former POWS that have vehicles that are exempt from ad valorem taxes will be exempt from the new title fee. - Authored By: Rep. Harry Geisinger of the 48th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 291 - Ad valorem property tax; not include nontax fees or assessments; provide - BILL SUMMARY: This legislation defines what "nontax related fees or assessments". As well as provides that any partial payments made by the property owner shall be applied to the property tax balance first, and not the nontax related fees. - Authored By: Rep. Brett Harrell of the 106th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 321 - Georgia Tourism Development Act; enact - BILL SUMMARY: The purpose of HB 321 is the promotion and development of new large tourism attractions in Georgia. The bill provides that companies seeking to undertake a tourism attraction project may be granted a 10 year sales and use tax refund on state and local taxes generated by and arising at the tourism attraction of up to one fourth of their original investment. "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, and golf facilities, marinas and water parks, or entertainment destinations designed to attract tourists to Georgia. The bill provides for approval of these projects by the commissioner of economic development and by the governing authority of the municipality or county. The tourism project must have approved costs in excess of $1 million, and must provide sufficient revenues and public demand to be operating and open to the public for a minimum of 200 days per year. - Authored By: Rep. Ron Stephens of the 164th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 322 - Sales and use tax exemptions; certain jet fuel sales; continue - BILL SUMMARY: This legislation provides a sales tax exemption on jet fuels in the amount of 20 million dollars in FY 12 and 10 million dollars in FY 13, so long as the airline meets the definition of a qualifying airline. - Authored By: Rep. Jay Roberts of the 154th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 381 - Revenue and taxation; limit property valuation increases; provide moratorium - BILL SUMMARY: HB 381 expresses the General Assembly's findings that the crisis in reduction of real estate values is having a devastating effect on the economy of the State. The legislation is intended to ensure stability for our citizens and to provide effective regulation of our State's finances. HB 381 provides for an extension of the moratorium on all increases in assessed values of property for ad valorem tax purposes through December 31, 2015. This moratorium on value increases does not prohibit values from being decreased. If a property is sold or transferred, the assessed value shall not exceed the valuation established under this moratorium. If the property is substantially improved, or a substantial addition is made to the property, the fair value of such addition or improvement may be added to the value. If the property is rezoned or subdivided at the request of the property owner and changed to conform to the use authorized by or caused by the change, then the property will be valued at fair market value. This moratorium will not apply to property in counties which have a millage rate limitation in place by local constitutional amendment. This moratorium does not apply to the correction by local tax officials of any manifest, factual error or omission in the valuation of property. - Authored By: Rep. Edward Lindsey of the 54th - Committee Action: Do Pass by Committee Substitute Ways & Means HB 389 - Taxpayer refunds; interest; change certain provisions - BILL SUMMARY: This legislation requires that interest not be paid for over payment of sales tax, until the taxpayer has filed a complete refund claim. At which time a complete claim is filed, interest at 1% per month will be paid while the claim is under review. If the claim is to be deemed incomplete by the department, the department must respond within 30 days of filing and if the taxpayer does not respond within an additional 30 days the statute of limitations will continue to run on the claim. - Authored By: Rep. David Knight of the 126th - Committee Action: Do Pass Ways & Means HB 450 - Setoff debt collection; debts owed to public housing authorities; authorize - BILL SUMMARY: This legislation allows for public housing authorities to be included within the agencies allowed to collect bad debts through the setoff debt collection process set forth in 48-7-160 et. seq. Additionally HB 450 provides for numerous due process steps that any authority must meet in order for the Department of Revenue to collect such a debt. - Authored By: Rep. Chuck Sims of the 169th - Committee Action: Do Pass Ways & Means HB 462 - Coin operated amusement machines; limit on number allowed at location; exception - BILL SUMMARY: This legislation seeks to clarify Class B gaming machine licenses so as to allow for machines that involve some degree of skill; pay out only in tickets, tokens or other non-cash representations; and pay outs can only be redeemed on the lessened gaming premises for merchandise that has an average wholesale value of less than $5.00. - Authored By: Rep. Matt Dollar of the 45th - 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. ______________________________________________________________________________________________________________ COMMITTEE MEETING SCHEDULE 9:00 AM - 10:00 AM 1:00 PM - 2:00 PM 2:00 PM - 3:00 PM 2:00 PM - 3:00 PM Tuesday, March 15, 2011 Labor/Management Subcommittee of Industrial Relations INTRAGOVERNMENTAL COORDINATION RULES CHILDREN & YOUTH 406 CLOB 403 CAP 341 CAP 403 CAP- CANCELED * This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule please visit the General and click on House Meetings. ____________________________________________________________________________