Daily report [Feb. 29, 2016]

Georgia House of Representatives

DAILY REPORT 30th Legislative Day

Monday, February 29, 2016

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 31st Legislative Day on Wednesday, March 2 at 10:00 a.m. Four bills / resolutions are expected to be debated on the floor.

Today on the Floor

Rules Calendar
HB 12 Georgia Military Service Integrity and Preservation Act; enact
Bill Summary: HB 12 makes it unlawful for any individual, with the intent to secure a tangible benefit for him or herself, to make a false, fictitious, or fraudulent statement or representation that such individual is a military veteran or the recipient of a military decoration. Moreover, it is unlawful for any individual, with the intent to deceive, to appear in court while wearing a military uniform or military decoration. The penalty for this offense is punished as a misdemeanor, but if a military decoration is involved in the violation, the punishment is a misdemeanor of a high and aggravated nature.

Authored By: Rep. Terry Rogers (10th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-24-2016 Do Pass by Committee Substitute

HB 54

Tuition grants; children of officers killed in line of duty who attend University System institutions and meet certain requirements; provide
Bill Summary: House Bill 54 provides financial assistance in postsecondary education for children of a law enforcement officer, firefighter, prison guard, emergency medical technician, or other public employer and Highway Emergency Response Operators who was killed or permanently disabled in the line of duty. This allows the Department of Revenue to establish a contribution method in which Georgia residents can deem part of their tax refund to go towards financial assistance.

Authored By: Rep. Keisha Waites (60th) House Committee: Higher Education

Floor Vote:

Yeas: 168 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-09-2016 Do Pass by Committee Substitute

HB 171

Laws and statutes; revise provisions relating to effect and enforcement of foreign laws; provisions
Bill Summary: HB 171 amends 9-10-31.1, relating to venue, to allow the courts of this state to transfer venue under the doctrine of forum non conveniens when the forum outside of this state provides for impartial tribunals and procedures that are "consonant" or in accordance with the requirements of due process as required by the U.S. and Georgia Constitutions.

Authored By: Rep. Dustin Hightower (68th) House Committee: Judiciary

Floor Vote:

Yeas: 165 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-18-2016 Do Pass by Committee Substitute

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Daily Report for February 29, 2016

Today on the Floor

HB 229

Domestic relations; grandparent rights to visitation and intervention to great-grandparents and siblings of parents; expand
Bill Summary: HB 229 expands the grandparent's visitation statute to include great-grandparents, aunts and uncles. A great-grandparent, aunt or uncle may seek visitation rights when a child custody case has gone before a court or in cases where the parents are no longer living together. In order to be eligible for visitation rights, a great-grandparent, aunt or uncle must prove that that they have a relationship with such child through clear and convincing evidence, that the health and welfare of a child will be harmed without such visitation, and that the visitation is in the best interest of the child.

Authored By: Rep. Brian Strickland (111th) House Committee: Juvenile Justice

Floor Vote:

Yeas: 164 Nays: 4

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute AM 29 2516

HB 285

Income tax credit; film, video, and digital production in Georgia; change certain qualifications
Bill Summary: HB 285, the 'Georgia Small Entertainment Industry Investment Act,' provides an income tax credit for pre-production, production, and post-production expenditures in Georgia by qualified entertainment production companies. Qualified production companies must have a base investment in pre-production, production, or post-production of $500,000 or less. This income tax credit applies to small entertainment companies that do not qualify for current film tax credits.

Qualified production companies must obtain pre-approval from the Department of Economic Development, which shall promulgate rules and regulations governing the program before receiving the credit. The pre-approval process will be regulated by the department, and will ensure that the qualified production company meets the minimum requirements to obtain credits, including but not limited to the employment of Georgia citizens, production in whole or in part within the state at a sufficient level to justify the awarding of a credit, and the placement of a Georgia promotional logo in the final work product.

The maximum credit for any one qualified production company and its affiliates is $150,000 per taxable year, and the credits are capped at $6 million annually. The credits are able to be transferred and sold subject to written notification to both the Department of Economic Development and the Department of Revenue. Failure to comply with the rules and regulations governing the transfer and sale of tax credits will result in the disallowance of the tax credit pending full compliance. The legislation applies to taxable years beginning on or after January 1, 2016.

Authored By: Rep. Ron Stephens (164th) House Committee: Ways & Means

Floor Vote:

Yeas: 157 Nays: 4

Rule Applied: Committee Action: Amendments:

Structured 02-26-2016 Do Pass by Committee Substitute

HB 364

Real estate transfer tax; change certain provisions
Bill Summary: This legislation increases the the level of oversight over county tax assessors and provides an avenue to the Georgia Tax Tribunal for taxpayers who have had multiple illegal property assessments. The commissioner of the Department of Revenue is empowered to review and request an alteration of a county digest and to create an appeals process if a tax assessor should disagree with an alteration.

It also provides that the Department of Revenue shall notify the Department of Community Affairs if there has been a finding of the illegal taxation of property or intangibles. If there is such a finding, the Department of Community Affairs may revoke the county's qualified government status for three years, though the county's qualified government status will not be revoked if the county removes the tax assessor.

This legislation allows the owner of a property that has been illegally taxed under a prior county digest to file a petition directly to the Georgia Tax Tribunal. The bill provides corresponding legal

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Daily Report for February 29, 2016

Today on the Floor

filing requirements to support such an action.

Authored By: Rep. David Knight (130th) House Committee: Ways & Means

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass by Committee Substitute

HB 365

Alternative ad valorem tax; motor vehicles; change certain provisions
Bill Summary: This legislation provides that in any county in which an ad valorem tax was levied on motor vehicles pursuant to a local constitutional amendment on behalf of a local governing authority on March 1, 2013, the proceeds must be equally distributed to the percentage collected in the 2012 taxable year.

Authored By: Rep. David Knight (130th) House Committee: Ways & Means

Floor Vote:

Yeas: 160 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-26-2016 Do Pass by Committee Substitute

HB 381

Revised Georgia Law on Notarial Acts of 2015; enact
Bill Summary: HB 381 repeals Chapter 17, relating to notaries public, and creates the 'Revised Georgia Law on Notarial Acts of 2015.' The substantive changes include modernizing notary laws of Georgia. Currently, Georgia law does not authorize electronic notarial acts, and this legislation would render Georgia's notary laws more uniform with other states. Additionally, the bill increases protections against fraudulent notarial acts and allows for electronic notarial acts and licensing and registry with a database created and managed by the Georgia Superior Court Clerk. Every notary public would be required to comply with the act after July 1, 2016 (with the exception of replacing an official seal prior to renewal).

The bill requires a notary to maintain an electronic journal to chronicle all electronic notarial acts he or she performs, with entries describing the parties involved, date, time, and fee (if any). Entries must be made contemporaneously with the notarial act. The notary must retain the journal for 10 years after the performance of the last notarial act chronicled in the journal. This journal shall not be a public document. The bill provides requirements for lost or stolen journals, and procedures for when a notary's commission is suspended or revoked, or the notary dies or is adjudicated incompetent. The bill requires a notary to pass an examination administered by the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA).

GSCCCA must adopt rules and regulations to implement the requirements laid out in the Act including among other things: regularly offer a course on becoming a notary; approve a notary's requested use of technology if it conforms to the standards adopted by such authority; and maintain an electronic database of notaries for individuals to verify the authority of a notary. The GSCCCA must also keep a record of certain personal information for each notary: his or her name, address, signature, age, sex, and commission term, and whether he or she has been approved to perform notarial acts on electronic records.

The bill provides for recognition of other state's or federally-recognized Indian tribe's notaries if the laws of the state or tribe are substantially similar to Georgia laws and the act is performed by a notary public of such state or tribe or by any other individual authorized by the law of the state or tribe to perform a notarial act. The bill also recognizes that a notarial act performed under authority and in the jurisdiction of a foreign state (excluding Cuba, Iran, Sudan, or Syria) or under the authority of a multi-national or international governmental organization has the same effect as though performed by a Georgia notary.

Authored By: Rep. Andrew Welch (110th) House Committee: Judiciary

Floor Vote:

Yeas: 108 Nays: 64

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-18-2016 Do Pass by Committee Substitute AM 29 2510; AM 29 2508

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Daily Report for February 29, 2016

Today on the Floor

HB 471

Ad valorem tax; heavy-duty vehicles; add a definition of certain vehicles
Bill Summary: This legislation provides that equipment rental companies may charge a property tax recovery fee of 1.5 percent on the total charge for renting any equipment and remit those collected property tax recovery fees to the respective county tax commissioner. The bill also contains reporting requirements to ensure that collection amounts match the companies' property tax liability.

Authored By: Rep. Ron Stephens (164th) House Committee: Ways & Means

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass by Committee Substitute

HB 513

Pleadings and motions; procedure for claims asserted against a person or entity arising from an act which could be construed as an act in furtherance of the right of free speech or right to petition government for redress of grievances; revise provisions
Bill Summary: HB 513 updates Georgia's anti-slapp legislation to increase the coverage from protecting the right to petition to also include the right of free speech in connection with an issue of public interest or concern. When a claim for relief is asserted against another party involving such situations, the action shall be subject to a motion to strike, unless the court determines that the nonmoving party has established that such persons will prevail on the claim. The court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. The result of the motion shall not be admissible into evidence at any later stage of the case. Moreover, if the moving party prevails, that party shall be granted the recovery of attorney's fees and costs associated with the motion. If the court finds the motion to strike is frivolous, or solely intended to cause unnecessary delay, then the court will award attorney's fees and costs to the non-moving party. An order granting or denying a motion to strike shall be appealable without the entry of an order by the trial judge.

Authored By: Rep. Ron Stephens (164th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 131 Nays: 41

Rule Applied: Committee Action: Amendments:

Modified-Open 02-24-2016 Do Pass by Committee Substitute

HB 542

Higher education savings plan; matching contributions by the state for certain low-income contributors; provide
Bill Summary: House Bill 542 expands the parameters for the Georgia Higher Education Savings Plan by adding incentives for low-income families to save for higher education. In addition to the incentives, the state will create and implement a program to match low-income families' contributions with state funds.

HB 605

Authored By: Rep. David Wilkerson (38th) House Committee: Higher Education

Floor Vote:

Yeas: 74 Nays: 87

*This bill `Failed' to receive passage.

Rule Applied: Committee Action: Amendments:

Modified-Open 02-09-2016 Do Pass

Georgia Judicial Retirement System; member who was serving in a full-time position on his or her retirement may use prior part-time service for vesting; provide

Bill Summary: HB 605 amends O.C.G.A. 47-23-63 relating to the calculation of benefits under the Judicial Retirement System (JRS). The calculation for part-time service is currently calculated as one of credit for each three months of prior part-time service. This bill's calculation for part-time service changes to a ratio determined by dividing the average monthly compensation for the highest average producing 24 consecutive month period of part-time service by the average monthly compensation for the highest average producing 24 consecutive month period of full-time service. The resulting percentage will be multiplied by the part-time service and the result added to the total full-time service, resulting in the total service to be used in all benefit calculations. This bill has been certified by the Georgia Department of Audits and Accounts as a fiscal retirement bill. The actuary has determined that a state appropriation is not required to implement the changes set forth in this bill.

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Today on the Floor

Authored By: Rep. Tom Weldon (3rd) House Committee: Retirement

Floor Vote:

Yeas: 134 Nays: 29

Rule Applied: Committee Action: Amendments:

Modified-Structured 01-13-2016 Do Pass by Committee Substitute

HB 654

Tattoo studios; post notification that certain tattoos could disqualify wearer from military service; require
Bill Summary: HB 654 imposes signage requirements for tattoo parlors warning individuals that certain types of tattoos can preclude an individual from military service. Failure to post such sign results in a staggered fine which increases per violation.

Authored By: Rep. Sandra Scott (76th) House Committee: Regulated Industries

Floor Vote:

Yeas: 112 Nays: 38

Rule Applied: Committee Action: Amendments:

Modified-Open 02-23-2016 Do Pass by Committee Substitute

HB 699

Local government; define a certain term; provisions
Bill Summary: House Bill 699 eliminates the "lame duck" period between the November election and the time of swearing in for city council members and county commissioners. This bill provides that newly-elected members will take office on the first Monday that occurs five days after the election results are certified.

HB 722

Authored By: Rep. Andrew Welch (110th) House Committee: Governmental Affairs

Floor Vote:

Yeas: 82 Nays: 81

*This bill `Failed' to receive passage.

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-24-2016 Do Pass by Committee Substitute AM 28 1498

Health; patient registry program for the use of medical cannabis; provide

Bill Summary: HB 722 allows for manufacturers of low tetrahydrocannabinol (THC) oil to ship low THC oil to a person properly registered with the Department of Public Health in Georgia. HB 722 expands the list of conditions for which low THC oil can be administered by including autism, epidermolysis bullosa, HIV, peripheral neuropathy, tourette's syndrome, terminal illness, and posttraumatic stress disorder. Moreover, HB 722 includes low THC oil into the code regarding driving under the influence.

Authored By: Rep. Allen Peake (141st) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 152 Nays: 8

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass by Committee Substitute

HB 725

"Child Abuse Records Protection Act"; enact
Bill Summary: HB 725 provides for greater confidentiality regarding an individual's child abuse records by requiring a court order before the release of such records. Moreover, when a court does authorize the release of such records, the court shall issue a protective order covering those records where anyone allowed to access such records be required to acknowledge, in writing, that he or she agrees to be bound by the protective order. In addition, those records released shall be returned to the court upon completion of the matter that caused the release of such records. Any failure to obey the protective order may be punished as contempt of court.

Authored By: Rep. Wesley Cantrell (22nd) House Committee: Juvenile Justice

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute

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Daily Report for February 29, 2016

Today on the Floor

HB 727

Fireworks; certain further regulations by counties and municipal corporations; provide
Bill Summary: HB 727 regulates where and when fireworks can be exploded. It is unlawful to explode fireworks within five yards of an overhead obstruction, across or into a public road. Fireworks may not be used in close proximity to electric plants, wastewater treatment plants, jails, prisons, hospitals, and nursing homes. It is unlawful to explode fireworks at public gatherings where the local fire department or the state fire marshal determines that such conduct would be unreasonable. Also, it is unlawful, and punished as a misdemeanor, to explode fireworks while under the influence of drugs or alcohol. The governor or the director of the Environmental Protection Division may issue a declaration to prohibit the use of fireworks for a specific duration. The bill extends the times which fireworks may be exploded on January 1, July 3, July 4, and December 31. Moreover, the bill allows for fireworks to be exploded between the hours of 10:00 a.m. and 10:00 p.m., subject to local noise ordinances.

HB 727 allows for consumer fireworks to be sold from a temporary consumer retail sales facility, so long as such facility is in compliance with the regulations provided by the National Fire Protection Association, is within 1,000 feet of a fire hydrant, and the distributor is licensed to sell consumer fireworks. The licensing fee for a temporary consumer retail facility is $750 per location and is only valid on certain dates surrounding specific holidays previously mentioned. A local excise tax of one percent is imposed per item sold.

Authored By: Rep. Paul Battles (15th) House Committee: Regulated Industries

Floor Vote:

Yeas: 165 Nays: 8

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute

HB 734

"Georgia Space Flight Act"; enact
Bill Summary: This bill adds new chapters to Title 51, related to torts, to provide a limited waiver of liability for persons who agree to participate in space flight activities and space flight operations provided such persons sign a written waiver agreeing to those limitations.

Authored By: Rep. Jason Spencer (180th) House Committee: Judiciary

Floor Vote:

Yeas: 164 Nays: 8

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute

HB 779

Crimes and offenses; regulate use of unmanned aircraft systems and images; provisions
Bill Summary: HB 779 regulates the use of drones in Georgia. Except for military or governmental contracts involving research, it is unlawful to sell, manufacture, possess, or operate an unmanned aerial vehicle that is equipped with a weapon. The punishment for such conduct is a felony. Moreover, no law enforcement agency shall use an unmanned aerial vehicle to gather evidence or other information in a private place without first obtaining a search warrant unless: there are exigent circumstances; participating in active search for a fugitive or monitoring a hostage situation; or participating in a search for missing persons. Any data collected by the law enforcement agency shall be destroyed within five days, and any data retained for a longer period of time is subject to open records requests. It is unlawful for an unmanned aerial vehicle to: launch from private property without permission; interfere with a train, aircraft, or motor vehicle; harass, threaten, or intimidate another person; and the penalty for such violations are punished as a misdemeanor. HB 779 provides that state law preempts any local law or ordinance. Also, any person who knowingly and willfully obstructs or hinders any law enforcement officer, fire fighter, park ranger, or emergency services shall be guilty of a misdemeanor. The bill also provides that unmanned aerial vehicles cannot be used to assist a person with hunting, nor hinder another individual who is hunting.

Authored By: Rep. Kevin Tanner (9th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 171 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-24-2016 Do Pass by Committee Substitute

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Today on the Floor

HB 825

"Protecting Military Children Act"; enact
Bill Summary: HB 825 requires the child welfare agency to notify the Department of Defense Family Advocacy Program if it is determined that suspected child abuse has involved a military parent or guardian.

Authored By: Rep. Earnest Smith (125th) House Committee: Juvenile Justice

Floor Vote:

Yeas: 165 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-22-2016 Do Pass

HB 828

Income tax credit; employers who hire certain qualified parolees for full-time jobs; create
Bill Summary: This legislation provides an income tax credit of $2,500 per parolee per year to employers who hire individuals who have been granted parole within the preceding 12 months. The job must be full-time (more than 30 hours per week), be without a predetermined end date, involve work in the state for a minimum of 40 weeks per taxable year, and be at or above the average wage for the county in which the job is based. The credit cannot exceed the employer's income tax liability or be applied retroactively, and any unused credit can carry forward for three subsequent years. It also contains reporting metrics to determine the effectiveness of the credit.

Authored By: Rep. Virgil Fludd (64th) House Committee: Ways & Means

Floor Vote:

Yeas: 153 Nays: 16

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass by Committee Substitute

HB 862

Ad valorem tax; homestead exemption; clarify definition of disabled veteran
Bill Summary: This legislation allows an eligible disabled to veteran to qualify for the homestead exemption by meeting either, rather than both, of the standards required by law, which are: permanent loss of one or both feet, hands, or sight in one or both eyes; or honorably discharged and 100 percent disabled or compensated at the 100 percent level as unemployable.

Authored By: Rep. David Knight (130th) House Committee: Ways & Means

Floor Vote:

Yeas: 172 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-04-2016 Do Pass

HB 868

State government; Georgia State Games Commission; eliminate
Bill Summary: HB 868 eliminates the Georgia State Games Commission by repealing Article 3 of Chapter 12 of Title 50. All property held by the authority on the effective date reverts back to the state.

Authored By: Rep. Terry Rogers (10th) House Committee: State Properties

Floor Vote:

Yeas: 162 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-18-2016 Do Pass

HB 889

Professions and businesses; funeral establishments and crematories; authorize certain advertisements related to crematories and cremation services
Bill Summary: HB 889 allows individuals who operate one or more funeral establishments, but only one crematory, to advertise crematory services on all forms of advertisements so long as such establishments are operated under the same name and are located within 40 miles from the crematory.

Authored By: Rep. E. Culver "Rusty" Kidd (145th) Rule Applied:

House Committee: Regulated Industries

Committee Action:

Floor Vote:

Yeas: 149 Nays: 13

Amendments:

Modified-Open 02-23-2016 Do Pass by Committee Substitute

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HB 895

Elementary and secondary education; finance directors of charter schools participate in initial and annual training; require
Bill Summary: House Bill 895 requires governing boards of approved charter schools to participate in two or three hours of training regarding sound fiscal management. The State Board of Education shall establish a charter school financial management certification program for charter school leaders. The bill further provides that a leader, principal, or equivalent shall not serve simultaneously as the chief financial officer.

Authored By: Rep. Rahn Mayo (84th) House Committee: Education

Floor Vote:

Yeas: 162 Nays: 8

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-24-2016 Do Pass by Committee Substitute

HB 922

Income tax credit; creating quality jobs; add definition of taxpayer
Bill Summary: This legislation provides that a taxpayer may elect to include disregarded entities, as defined by the Internal Revenue Code, as part of the taxpayer for purposes of calculating the number of new quality jobs created under a jobs tax credit.

Authored By: Rep. Bruce Williamson (115th) House Committee: Ways & Means

Floor Vote:

Yeas: 171 Nays: 1

Rule Applied: Committee Action: Amendments:

Structured 02-22-2016 Do Pass by Committee Substitute

HB 924

Sales and use tax; certain sales to a qualified job training organization; provide exemption
Bill Summary: This legislation provides a sales and use tax exemption for job training organizations. A qualified organization must be located within the state; exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code; specialize in the retail sale of donated items; provide job training and employment services to individuals with workplace disadvantages or disabilities including reentry citizens and veterans; and use a majority of its revenues for job training and placement programs. The bill contains metrics to evaluate the benefit rendered to the state by the exemption.

Authored By: Rep. James Epps (144th) House Committee: Ways & Means

Floor Vote:

Yeas: 159 Nays: 13

Rule Applied: Committee Action: Amendments:

Structured 02-25-2016 Do Pass by Committee Substitute

HB 934

Human Services, Department of; website providing kinship caregivers with information and access to apply for public assistance benefits; provide
Bill Summary: HB 934 authorizes the Department of Human Services to provide a separate link or portal on its website specifically for kinship caregivers in order to provide information on public assistance benefits.

Authored By: Rep. Tom Kirby (114th) House Committee: Human Relations & Aging

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-22-2016 Do Pass

HB 935 Ad valorem tax; properties eligible for a freeport exemption; add certain fulfillment centers
Bill Summary: HB 935 adds certain fulfillment centers to properties eligible for a freeport exemption for inventory retained in Georgia until the inventory can be transported out of the state.

Authored By: Rep. Brett Harrell (106th) House Committee: Ways & Means

Floor Vote:

Yeas: 169 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-22-2016 Do Pass by Committee Substitute

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HB 936

Income tax; wages necessary to qualify for a job tax credit; clarify certain terms
Bill Summary: HB 936 clarifies terms in respect to the wages necessary to qualify for a jobs tax credit. It provides that the average wage of each new job created must be above the average county wage in the county with the lowest average wage. It also provides that a "new full-time employee job" means a newly-created position requiring a minimum of 35 hours per week paying at or above the average wage in the lowest county with the lowest average wage.

Authored By: Rep. Brett Harrell (106th) House Committee: Ways & Means

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-17-2016 Do Pass

HB 937 Sales and use tax; exemption for projects of regional significance; change sunset provision
Bill Summary: HB 937 extends the sunset on the sales and use tax exemption for the construction of a competitive project of regional significance until June 30, 2019.

Authored By: Rep. Brett Harrell (106th) House Committee: Ways & Means

Floor Vote:

Yeas: 161 Nays: 6

Rule Applied: Committee Action: Amendments:

Structured 02-17-2016 Do Pass

HB 943

Contracts; additional limitations on indemnification and duty to defeat clauses which are void and enforceable in contracts for engineering or architectural services; provide
Bill Summary: House Bill 943 addresses the use of indemnification clauses in contracts that force architects and engineers to indemnify other parties, even when there is no fault by the engineer or architect. It codifies case law and prohibits parties in construction contracts from having to indemnify another party within said contract for that third parties' negligence.

Authored By: Rep. Carl Rogers (29th) House Committee: Insurance

Floor Vote:

Yeas: 169 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-22-2016 Do Pass
AM 29 2512

HB 957

Probate courts; judges and clerks publicly post notice of the availability of the affidavit of indigence; require
Bill Summary: HB 957 amends O.C.G.A 15-9-61 relating to costs and compensation of probate courts, so as to require that the judges and clerks of the probate courts publicly post notice of the availability of the affidavit of indigence.

Authored By: Rep. Stacey Abrams (89th) House Committee: Judiciary

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-25-2016 Do Pass by Committee Substitute

HB 960

Tax and revenue; confidentiality of certain tax information; provisions
Bill Summary: This legislation provides for a mechanism by which political subdivisions, such as local governments and school boards, can satisfy refunds owed to taxpayers as a result of sales and use tax overpayments.

The bill changes the 12 percent annual interest rate to the prime rate plus three percent. It provides for an automatic notification with the limited provision of relevant information to effected political subdivisions if a refund has been requested equal to 10 percent of the aggregate sales and use tax collections based on an average of the three previous calendar years, and for confidentiality of any such information furnished. It requires that the taxpayer electronically submit refund information to the Department of Revenue at the time of the filing of the refund. HB 960 provides for an examination of the methodology used by the Department of Revenue in any audit by the Department

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of Audits and Accounts to ensure that the refund audit was satisfactory. It changes penalties for failing to repay from 10 percent to an initial five percent, with an additional five percent penalty assessed every six months thereafter and a cap of 20 percent on aggregate. It provides for the automatic transfer of any refund to the Georgia Tax Tribunal if the refund has been pending with the Department of Revenue for over a year for a show cause order to determine if the taxpayer, the department, or no party was at fault for the delay. If one of the parties is found to be at fault, that party is required to pay the interest accrued, and in all cases the matter would be remanded back to the department for completion.

This legislation also adds to the confidentiality language in O.C.G.A. Section 48-2-15, relating to the disclosure of confidential information, to allow the House Ways and Means and Senate Finance Committees to access non-taxpayer identifying information.

Authored By: Rep. Trey Kelley (16th) House Committee: Ways & Means

Floor Vote:

Yeas: 164 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass by Committee Substitute

HB 976

State records management; minimum retention periods for video recordings from law enforcement devices on or inside a vehicle; provide
Bill Summary: HB 976 establishes retention periods for video recordings captured by law enforcement through surveillance devices, body-worn devices, or devices on or inside a law enforcement vehicle. Recordings from surveillance devices shall be retained for 30 days from the date of such recording. Recordings from body-worn devices or devices located on or inside law enforcement vehicles shall be retained for 180 days from the date of such recording. If the recordings are part of a criminal investigation, show a vehicular accident, the arrest or detainment of an individual, or the officer's use of force, the recording shall be retained for 30 months. If the recording contains evidence anticipated to be necessary in pending litigation, it will be retained for 30 months. This new Code section does not require the destruction of such video recordings after the retention period.

Authored By: Rep. Bill Hitchens (161st)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 164 Nays: 0

Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute

HB 982

Ad valorem tax; property; change certain definitions
Bill Summary: This legislation changes definitions relating to the ad valorem taxation of property by requiring that the income approach be used in determining the fair market value of a property if supplied by the property owner.

Authored By: Rep. Ron Stephens (164th) House Committee: Ways & Means

Floor Vote:

Yeas: 168 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass by Committee Substitute

HB 990

Alternative ad valorem tax; motor vehicles; change certain definitions
Bill Summary: This legislation amends current law whereby a person can lock in their property tax assessment by appealing a tax assessment, regardless of the merit or outcome of the appeal. This legislation limits such a lock to appeals that result in a reduced value of assessment.

Authored By: Rep. Jay Powell (171st) House Committee: Ways & Means

Floor Vote:

Yeas: 164 Nays: 2

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass by Committee Substitute

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House of Representatives

Daily Report for February 29, 2016

Today on the Floor

HB 1004 Courts; maps, plats, and plans to be filed for record; provide requirements
Bill Summary: HB 1004 provides requirements for maps, plats, and plans to be filed for record with the clerk of the court. Each map or plat page image shall have a caption providing information, such as: the county where the property lies; the names of all property owners; name of subdivision; contact information for the land surveyor; a certificate from the land surveyor that the plan meets the current specifications for filing with the clerk of the court, and other information. The image attached in the filing information box has been changed from being not less than an eight and one-half inch square to not less than a three-inch square. Further, the bill provides that all images of maps, plats, or plans shall be an electronic image certified and presented to the clerk in conformance with all specifications set forth in any rules and regulations promulgated by the Georgia Superior Court Clerk's Cooperative Authority. The clerk shall electronically note information, such as: the filing date, book, and pages numbers on the image and shall transmit a copy of the map, plat, or plan with such filing information to the email address of the person filing.

Authored By: Rep. Rick Jasperse (11th) House Committee: Judiciary

Floor Vote:

Yeas: 170 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-25-2016 Do Pass by Committee Substitute

HB 1014 Income tax; exemption for donation of real property for conservation use; extend sunset date
Bill Summary: This bill extends the exemption on the donation of real property for conservation use to 2021, and creates reporting requirements to provide the Georgia General Assembly with information on the effectiveness of the exemption.

Authored By: Rep. Jay Powell (171st) House Committee: Ways & Means

Floor Vote:

Yeas: 165 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-24-2016 Do Pass

HB 1025 Courts; service of accusations of or citations for violations of ordinances under certain circumstances; change provisions
Bill Summary: House Bill 1025 amends provisions relating to violations of county and state ordinances. Notice requirements have been added to current law for serving these violations. Service requirements consist of leaving a copy of the citation at the premises where the alleged violation occurred, mailing a copy to the owner, and filing a copy with the magistrate court. If the accused fails to appear for the court hearing after notice was given following these steps, a judgment will be issued against the accused and a penalty will be assessed.

Authored By: Rep. Tom Taylor (79th) House Committee: Judiciary

Floor Vote:

Yeas: 145 Nays: 22

Rule Applied: Committee Action: Amendments:

Modified-Open 02-23-2016 Do Pass by Committee Substitute

HB 1028 Natural Resources, Department of; Environmental Protection Division; provide notice to affected localities upon certain events relating to permitted solid or hazardous waste facilities
Bill Summary: HB 1028 requires the owner or operator of a municipal solid waste landfill to notify the local governing authorities of any significant release within 14 days of confirmation of the release by the Environmental Protection Division.

Authored By: Rep. William Werkheiser (157th) House Committee: Natural Resources & Environment

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-25-2016 Do Pass by Committee Substitute

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House of Representatives

Daily Report for February 29, 2016

Today on the Floor

HB 1036 Eminent domain; construction of petroleum pipelines and the environmental permitting requirements; change certain provisions
Bill Summary: HB 1036, relating to the exercise of power of eminent domain for special purposes, changes certain provisions relating to the exercise of power of eminent domain for construction of petroleum pipelines and the environmental permitting requirements for petroleum pipelines.

Authored By: Rep. Bill Hitchens (161st)

House Committee: Energy, Utilities & Telecommunications

Floor Vote:

Yeas: 165 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-25-2016 Do Pass by Committee Substitute

HB 1037 Community Health, Department of; certified nurse aide registry to nurse aides who provide services in private residences; expand
Bill Summary: HB 1037 amends the nurse aide registry, established and maintained by the Department of Community Health, to include nurse aides who provide services in temporary or permanent private residences. Additionally, the registry provides a method by which the public can submit inquiries or complaints about these nurse aides.

Authored By: Rep. Valerie Clark (101st) House Committee: Health & Human Services

Floor Vote:

Yeas: 170 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Open 02-23-2016 Do Pass

HB 1043 Vaccine protocol agreements; influenza; exempt activities conducted by a hospital or health system from certain requirements
Bill Summary: HB 1043 requires a pharmacist or nurse to take an appropriate case history, as opposed to a complete case history, before administering the influenza vaccine. Additionally, under the provisions of this bill, hospitals and health systems that administer the influenza vaccine are exempt from certain requirements under O.C.G.A 43-34-26.1, as long as the following conditions are met: (1) the vaccine recipient signs and dates a consent form; (2) if the vaccine recipient is a patient within the hospital or health system, the administration of the influenza should be noted in the patient's health record; (3) if the vaccine recipient is not a patient within the hospital system, the hospital or health system must issue a personal immunization card to the patient, and (4) if requested by the patient, the influenza vaccine must be administered behind a portable screen.

Authored By: Rep. Trey Kelley (16th) House Committee: Health & Human Services

Floor Vote:

Yeas: 173 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute

HB 1053 Grady County; board of education; provide that members shall be elected on a nonpartisan basis
Bill Summary: A Bill to provide nonpartisan elections of the Grady County Board of Education.

Authored By: Rep. Darlene Taylor (173rd) House Committee: Intragovernmental Coordination

Floor Vote:

Yeas: 105 Nays: 56

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-24-2016 Do Pass

HB 1058 Health; HIV and AIDS; revise various statutes
Bill Summary: HB 1058 allows a person employed by or an agent of a "harm reduction organization," defined by the bill as an organization that provides direct assistance to at-risk individuals to slow the spread of HIV and other infectious diseases among intravenous drug users, which may include hypodermic syringe or needle exchange programs. Additionally, HB 1058 allows women to have the opportunity to refuse a HIV test during a pregnancy screening. Finally, this bill removes the requirement for the Department of Public Health to develop brochures or other

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House of Representatives

Daily Report for February 29, 2016

Today on the Floor

documents relating to HIV tests.

Authored By: Rep. Betty Price (48th) House Committee: Health & Human Services

Floor Vote:

Yeas: 169 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute

HB 1060 Crimes and offenses; carrying and possession of firearms; confirm that the right of the people to keep and bear arms shall not be infringed
Bill Summary: HB 1060 is a "housekeeping" bill amending several Code sections dealing with Georgia carry licenses for new residents, authorized locations and persons for possession and carry, appeals processes, replacement licenses, definitions of leased government property and private property, carrying in a place of worship, rights of retired law enforcement officers to carry in certain locations, changes relating to exemptions, immunity for safety trainers and teachers who lawfully teach a course from recourse if former trainee is injured by their own failure to use a firearm properly.

Authored By: Rep. Rick Jasperse (11th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 120 Nays: 52

Amendments:

Modified-Structured 02-23-2016 Do Pass by Committee Substitute

HB 1066 Penal institutions; additional duties of commissioner of corrections; authorize chief of staff to issue warrants of an offender who has escaped
Bill Summary: House Bill 1066 allows the chief of staff to the commissioner of the Department of Corrections to issue a warrant for the arrest of an offender who has escaped from the custody of the department.

Authored By: Rep. Alan Powell (32nd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 164 Nays: 6

Amendments:

Modified-Structured 02-24-2016 Do Pass

HB 1070 Domestic relations; adoption; permit the department to use certain information in the records concerning the adopted child's biological parents
Bill Summary: HB 1070 amends the Code relating to adoption, to permit the Department of Human Services to use certain information in the department's records. Under this bill, the department or the department's designee, like the Office of Adoptions, may make use of any information contained in the department's records concerning an adopted child and the adopted child's biological parents in connection with the placement of another child in the adoptive parent's home or in connection with an investigation of abuse or neglect made concerning the adoptive child's biological parents.

Authored By: Rep. Katie Dempsey (13th) House Committee: Judiciary

Floor Vote:

Yeas: 162 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-25-2016 Do Pass

HR 1052 Thomas William Poole Memorial Bridge; Schley County; dedicate Bill Summary: House Resolution 1052 is the annual House road and bridge dedication package. The substitute includes the House resolutions below:
House Resolution 1052 dedicates the bridge on U.S. Highway 19 North over Buck Creek in Schley County is dedicated as the Thomas William Poole Memorial Bridge.
The substitute also includes: House Resolution 650 dedicates the bridge on US 441/SR 15 over Interstate 85 in Banks County as the Richard Chambers Bridge. (Rep. Dan Gasaway);

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House of Representatives

Daily Report for February 29, 2016

Today on the Floor

House Resolution 853 dedicates the bridge on State Route 127 over the Flint River Overflow, 3 miles west of Marshallville in Macon County, is dedicated as the Dr. Delores Felder Memorial Bridge. (Rep. Patty Bentley);
House Resolution 854 dedicates the bridge on State Route 26 over the Flint River Overflow in Macon County is dedicated as the William Brown Bridge. (Rep. Patty Bentley);
House Resolution 970 dedicates the bridge over Raccoon Creek on Georgia Highway 133 west of Cartersville in Bartow County is dedicated as the Solomon T. "Sol" Dover Memorial Bridge. (Rep. Paul Battles);
House Resolution 977 dedicates the bridge on U.S. 29 over the Savannah River in Hart County is dedicated as the Louie Morris Memorial Bridge. (Rep. Alan Powell);
House Resolution 1032 dedicates the bridge on Highway 92 North over the Chattahoochee River in Fulton County as the Robert and Ardena Beasley Memorial Bridge. (Sharon Beasley-Teague);
House Resolution 1249 dedicates the intersection of State Route 125/Bemiss Road/Valdosta Ray City Highway and State Route 122 at the meeting point of Lowndes, Berrien, and Lanier counties as Walker's Crossing in memory of Mr. William "Mr. Bill" and Ruby Herndon Walker. (Penny Houston);
House Resolution 1250 dedicates the portion of State Route 125 from the intersection of CR 354/Alapaha Lenox Road to the intersection at West Marion Avenue and Tifton Road at State Route 122 in Berrien County as the Veterans Memorial Parkway. (Penny Houston);
House Resolution 1251 dedicates the bridge on State Route 37/76 over Bear Creek in Cook County as the Joel Jackson Parrish Bridge. (Penny Houston);
House Resolution 1325 dedicates the portion of Highway 19 from Schley County mile marker 0 to Sumter County mile marker 15.7 and continuing to the northern city limits of Americus at mile marker 14 as the SFC Victor A. Anderson Memorial Highway. (Mike Cheokas);
House Resolution 1327 dedicates State Route 520 from Chattahoochee County through Dougherty County, including Stewart, Webster, Terrell, and Lee counties, as the Purple Heart Highway. (Gerald Greene);
House Resolution 1400 dedicates the bridge on Highway 112 over Interstate 16 in Wilkinson County is dedicated as the Steven Charles Brack Memorial Bridge. (Bubber Epps);
House Resolution 1429 dedicates the portion of State Route 59 from the intersection with State Route 17 to Highway 164/Bold Springs Road in Franklin County as the Billy Dilworth Memorial Highway. (Alan Powell);
House Resolution 1431 dedicates the bridge over the Norfolk Southern rail lines/North and South Berry Streets on State Route 42 in Henry County as the Martin Luther King, Sr., Memorial Bridge. (Andy Welch);
House Resolution 1457 dedicates the bridge on Highway 129 over Lake Lanier is dedicated as the Longstreet Bridge. (Carl Rogers);
House Resolution 1459 dedicates the bridge on Riverside Drive over Interstate 75 in Bibb County as the Mayor Lee Robinson Memorial Bridge. (Allen Peake);
House Resolution 1461 dedicates the intersection of Highway 257 and the Highway 441 Bypass in Laurens County as the TSGT Mack Fitzgerald Intersection. (Matt Hatchett);
House Resolution 1462 dedicates the intersection of State Route 20/Canton Highway and Roving
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House of Representatives

Daily Report for February 29, 2016

Today on the Floor

Road/Smith Cline Road in Bartow County as the Reverend Joe E. Edwards Intersection. (Christian Coomer);

House Resolution 1508 dedicates the portion of State Route 93 from State Route 112 in the community of Lester to State Route 300 in Baconton in Mitchell County as the Harvey J. Morey Memorial Highway. (Jay Powell);

House Resolution 1512 dedicates the interchange at Georgia 400 and U.S. 19 in Sandy Springs as the Mayor Eva Cohn Galambos Memorial Interchange. (Wendell Willard);

House Resolution 1523 honors the life of Sergeant First Class Ray F. Lents and dedicates an intersection in his memory; and for other purposes. (Speaker Ralston);

House Resolution 1524 honors the life of Mayor Barbara Stephens and dedicates a road in her memory; and for other purposes. (Speaker Ralston); and

House Resolution 1525 honors the life of Mr. Roy L. Chapman and dedicating an intersection in his memory; and for other purposes. (Speaker Ralston).

Authored By: Rep. Mike Cheokas (138th) House Committee: Transportation

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-25-2016 Do Pass by Committee Substitute

Postponed Until Next Legislative Day
HB 677 State government; casino gambling; provide limited number of licensed resort facilities; provisions

Authored By: Rep. Ron Stephens (164th)

Rule Applied: Modified-Structured

HR 807 Casino resorts; local authorization of limited number of licensed resorts; provide - CA

Authored By: Rep. Ron Stephens (164th)

Rule Applied: Modified-Structured

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House of Representatives

Daily Report for February 29, 2016

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 31st Legislative Day, Wednesday, March 2, and bills may be called at the pleasure of the Speaker.

HR 978 House Study Committee on Historic Site Preservation; create
Bill Summary: HR 978 creates a study committee to collect information and data relating to the effectiveness of state efforts to preserve historic sites in Georgia and to conduct a comprehensive review of programs designed to accomplish such preservation. It will have five members authorized to meet for no more than five days.

Authored By:

Rep. Debbie Buckner (137th)

House Committee: Special Rules

Rule Applied: Committee Action:

Modified-Open 02-17-2016 Do Pass

HR 979 House Study Committee on Programs That Provide Services for the Reading to the Blind and the Visually Impaired; create Bill Summary: HR 979 creates the House Study Committee on Programs That Provide Services for the Reading to the Blind and Visually Impaired to determine if adjustments in the rehabilitation services and the public awareness of these service programs should be enhanced. The committee shall also identify and study the places and programs which serve the blind and visually impaired and their service delivery areas; the scope of the programs or services; the funding sources of the programs or services, and the individual participation rates for the numbers of citizens served annually.
The committee is composed of seven members appointed by the Speaker of the House: four representatives, one of whom must be House Appropriations' Economic Development Subcommittee chair, and one who must be the House Appropriations' Higher Education Subcommittee chair. The three additional, non-legislative members are the executive director of the Public Service Commission, the director of the Public Library Service of the Board of Regents and a representative of the Center for the Visually Impaired.

Authored By:

Rep. Penny Houston (170th)

House Committee: Special Rules

Rule Applied: Committee Action:

Open 02-17-2016 Do Pass

HR 1135 House Study Committee on Base Realignment and Closure; create
Bill Summary: HR 1135 creates a study committee to examine issues regarding an expected United States military base realignment and determine what steps can be taken to protect Georgia's military bases. The committee will be composed of 15 members and must hold at least five meetings.

Authored By:

Rep. D. C. Belton (112th)

House Committee: Special Rules

Rule Applied: Committee Action:

Modified-Open 02-17-2016 Do Pass

HR 1341 House Study Committee on Professional Employer Organizations; create
Bill Summary: HR 1341 creates a committee to study the role of professional employer organizations in the provision of insurance benefits and whether there is a need to license and regulate the representatives of those organizations. The committee is composed of five members authorized to meet for no more than five days.

Authored By:

Rep. Richard Smith (134th)

House Committee: Special Rules

Rule Applied: Committee Action:

Modified-Open 02-17-2016 Do Pass

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House of Representatives

Daily Report for February 29, 2016

Committee Actions

Committee Meeting Schedule
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 www.house.ga.gov and click on Meetings Calendar.

Wednesday, March 02, 2016 10:00 AM Floor Session (LD 31) House Chamber 8:00 AM STATE PROPERTIES 415 CLOB - CANCELLED 2:00 PM STATE PLANNING 403 CAP 3:00 PM EDUCATION 606 CLOB

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