Daily report [Feb. 14, 2017]

DAILY REPORT Tuesday
February 14, 2017

17th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 18th Legislative Day on Wednesday, February 15 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 5 bills / resolutions are expected to be debated on the Floor.

Today on the Floor
Motions to Agree
HB 43 Supplemental appropriations; State Fiscal Year July 1, 2016 - June 30, 2017
Bill Summary: HB 43, the Amended Fiscal Year 2017 budget, recognizes $606.2 million in additional revenue or 2.5 percent over the original Fiscal Year 2017 budget. This brings the total appropriation for Amended FY 2017 to $24.3 billion. The bill and tracking sheet may be found on the House Budget and Research Office website: http://www.house.ga.gov/budget.

Authored By: Rep. David Ralston (7th)

Rule Applied: Modified-Open

Motions to Agree as Amended by the House: (This motion sends the bill back to the Senate for consideration.)

Rules Calendar
HB 42 Elections; election superintendents to correct mistakes and omissions on ballots for a primary or election; authorize
Bill Summary: House Bill 42 allows election superintendents to make corrections to primary election ballots if they discover a mistake or omission on printed ballots or on the display screens of electronic voting machines.

Finally, it allows municipalities, if they deem it practical, to hold a special election or run-off election in conjunction with a federal special or run-off election.

Authored By: Rep. Eddie Lumsden (12th) House Committee: Governmental Affairs

Floor Vote:

Yeas: 159 Nays: 0

Rule Applied: Committee Action:

Modified-Structured 02-08-2017 Do Pass by Committee Substitute

HB 143

Financial institutions; provide for definitions; provisions
Bill Summary: This legislation allows the Department of Banking and Finance to investigate a person or corporation performing financial services for a financial institution as if the financial institution performed the services itself. The department may prescribe fees for the examination and may furnish a copy of the report to the financial institution. The Department of Banking and Finance has the authority to issue a subpoena, and if the subpoena is ignored, the department may apply for a court order to hold the person in contempt for refusal to obey the subpoena. The department may no longer issue a written order directing a corporation to restore deficiency when the financial institution's net assets are less than the amount of its capital stock. The department may approve articles for a trust company that is not also a bank or an affiliated trust company. The department may conduct an on-site examination without prior notice, and the registrant will pay the reasonably incurred costs of such examination.

Page 1 of 8

House of Representatives

Daily Report for February 14, 2017

Today on the Floor

A bank shall not at any time have credit exposure as a counterparty in derivative transactions, and the limitations applied now also apply to obligations arising from the purchase or discount of drafts, the bona fide purchase of commercial or business paper, and bona fide loans upon the security of agricultural, manufactured, industrial products or livestock. Financial institutions may now conduct business on Sunday. If a trust company goes into receivership it is to provide an irrevocable letter of credit or pledge securities of no less than $500,000 to the department, and the department may reduce the securities or letter of credit to cash and use the cash to pay costs associated with receivership. Trust companies must maintain a minimum amount of capital of no less than $3 million, as determined by the department by considering factors involving the type of business and management experience. Trust companies shall not create a lien on any of its assets except to secure the repayment of money borrowed or trust accounts administered by the company. Banks may receive deposits or open a safe-deposit box from a minor who is at least 16-years old. A bank or trust company may issue subordinated securities, so long as the company furnishes disclosures to the investor before investment. The disclosure must include the risks associated with the subordinated securities and be accompanied by notice that if the company becomes subject to a regulatory action, then the company may be prohibited from paying or retiring the securities. The board of directors may remove a director from office if the director: fails to attend regular board meetings for six successive monthly meetings or two successive quarterly meetings; has been indicted for any crime involving dishonesty or breach of trust; or fails to make payments on a loan or other credit obligation which causes a loss to a financial institution. The "common bond" relationship for a credit union has been amended to include employment within a well-defined community. A credit union shall have to power to receive savings deposits from non-members as long as the deposits are: insured by a federal public body; made in an expressly authorized manner; not deposited in a share draft account; and not bearing a greater rate of interest than granted to members for the same class of deposit. The bill allows societies, associations, partnerships, and corporations headquartered within the field of membership to be admitted to membership of a credit union. The timing of the audit of a credit union may be modified pursuant to the rules and regulations of the department. Based upon assets, complexity and other factors, the department may authorize certain credit unions to obtain their audit from an entity which is not a licensed, independent, certified public accountant, so long as the entity is otherwise qualified. Mortgage lenders and financial institutions may charge convenience fees for accepting an electronic payment; the department now accepts notice of cancellation of bonds electronically through the Nationwide Multistate Licensing System and Registry.

Authored By: Rep. Bruce Williamson (115th) House Committee: Banks & Banking

Floor Vote:

Yeas: 166 Nays: 1

Rule Applied: Committee Action:

Modified-Open 02-08-2017 Do Pass

HB 169

Charlton County; probate judge; provide nonpartisan elections
Bill Summary: This bill states that future elections for the office of probate judge of Charlton County, who also serves as the chief magistrate of the Charlton County Magistrate Court, shall be nonpartisan elections.

Authored By: Rep. John Corbett (174th) House Committee: Intragovernmental Coordination

Floor Vote:

Yeas: 149 Nays: 12

Rule Applied: Committee Action:

Modified-Structured 02-07-2017 Do Pass

HB 183

Community Affairs, Department of; Georgia Geospatial Advisory Council; recreate
Bill Summary: This bill recreates the Georgia Geospatial Advisory Council under the Department of Community Affairs (DCA). All data, reports, and other documents of the former Georgia Geospatial Advisory Council that existed under the Department of Natural Resources prior to June 30, 2017, shall be transferred to DCA for use by the newly created council. The commissioner, or his or her designee, shall coordinate with state executive branch departments and agencies to appoint members of the council, which may consist of representatives from state departments and agencies, local governments, universities, regional commissions, or any other entity the department determines to be active in the development or consumption of reliable geospatial resources. The council may closely

Page 2 of 8

House of Representatives

Daily Report for February 14, 2017

Today on the Floor

coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures.

Authored By: Rep. Robert Dickey (140th)

Rule Applied:

House Committee: State Planning & Community Affairs Committee Action:

Floor Vote:

Yeas: 162 Nays: 5

Modified-Open 02-08-2017 Do Pass

Local Calendar
HB 284 Crisp County; Board of Education; change compensation of members
Bill Summary: This bill changes the compensation of the members of the Crisp County Board of Education. Each member will be paid $250 for each day of attendance at meetings of the board, training sessions and conferences approved by the board. Current law states each board member will make $125 a day for the above mentioned meetings, sessions, and conferences.

Authored By: Rep. Buddy Harden (148th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 146 Nays: 0

Rule Applied: Committee Action:

02-10-2017 Do Pass

HB 294

Coffee County; board of education; change compensation of members
Bill Summary: This bill changes the compensation of the members of the Coffee County Board of Education. The bill states each member shall receive $750 per month. Current law states each board member shall make $500 per month.

Authored By: Rep. Dominic LaRiccia (169th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 146 Nays: 0

Rule Applied: Committee Action:

02-10-2017 Do Pass

HB 295

Douglas, City of; office of mayor; revise provisions for filling vacancies
Bill Summary: This bill revises the provisions for filling vacancies in the offices of mayor and city commissioner in the City of Douglas. If there are six months or less remaining in the mayor's term of office, the city commission shall appoint someone to fill the balance of the unexpired term. If there are more than six months left in the term, a special election will be held. Additionally, if a city commissioner's seat becomes vacant and the time left in the term is one year or less, the city commission will appoint a person to fill the term. If the term is more than a year, a special election will be held.

Authored By: Rep. Dominic LaRiccia (169th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 146 Nays: 0

Rule Applied: Committee Action:

02-10-2017 Do Pass

HB 296

Douglas, City of; Redevelopment Powers Law; provide for referendum
Bill Summary: This bill authorizes the City of Douglas to exercise all redevelopment powers found under the Redevelopment Powers Law found in the Constitution. The bill allows the city to carry out community redevelopment projects, create tax allocation districts, and issue tax allocation bonds. A referendum will be held on the bill no later than the November 2017, general election and the bill, if passed, will go into effect immediately.

Authored By: Rep. Dominic LaRiccia (169th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 146 Nays: 0

Rule Applied: Committee Action:

02-10-2017 Do Pass

Page 3 of 8

House of Representatives

Daily Report for February 14, 2017

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 18th Legislative Day, Wednesday, February 15, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Wednesday, February 15, at 9:00 a.m., to set the Rules Calendar for the 19th Legislative Day.

HB 61

Sales and use tax; certain retailers to either collect and remit or notify purchaser and state; require
Bill Summary: House Bill 61 amends the definition of "dealer" in 48-8-2, relating to state sales and use tax, to include any person who, in the previous or current calendar year, obtains gross revenue exceeding $250,000 or conducts 200 or more separate transactions from the sale of tangible personal property that is physically or electronically delivered into this state. The bill also allows the Department of Revenue to bring an action for declaratory judgment in any superior court against any person the department believes meets the amended definition of dealer. Any final decision of the superior court shall be directly appealable to the Supreme Court. The bill also amends 48-8-30 by defining the term "delivery retailer" to mean any retailer that, in the previous or current calendar year, obtains gross revenue exceeding $250,000 or conducts 200 or more separate transactions from the sale of tangible personal property that is physically or electronically delivered into this state. The bill further states that a delivery retailer must either collect and remit sales tax or notify the purchaser that sales or use tax may be due to the State of Georgia on the purchase, send a sales and use tax statement to all purchasers whose purchases during the calendar year totaled $500 or more, and submit a copy of all sales and use tax statements to the Department of Revenue by January 31 of each year. The sales and use tax statement must be on a Department of Revenue form and include the total amount paid by the purchaser for retail sales by the delivery retailer during the previous year, the dates of the purchases, the amounts of each purchase, the category of each purchase, whether the purchase is exempt from taxation, and the following statement: "Sales or use taxes may be due to the State of Georgia on the purchase(s) identified in this statement as Georgia taxes were not collected at the time of purchase. Georgia law requires certain consumers to file a sales and use tax return remitting any unpaid taxes due to the State of Georgia." Penalties for failing to comply with these requirements are $5.00 per occurrence for failing to notify the purchaser prior to completing the transaction, $10.00 per occurrence for failing to send a sales and use statement to the purchaser, and $10.00 per occurrence for failing to file a copy of the sales and use statement with the Department of Revenue.

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

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

HB 117 Sales and use tax; certain voluntary contributions; exclude from definition of retail sales
Bill Summary: House Bill 117 amends 48-8-2 by removing voluntary contributions to places of amusement, sports, or entertainment from being subject to sales and use tax.

Authored By:

Rep. Sam Watson (172nd)

House Committee: Ways & Means

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

HB 139 Education; provide transparency of financial information of local school systems and schools; provisions
Bill Summary: House Bill 139 requires the Department of Education to post certain school-level budget and expenditure information, excluding information made confidential by law, on its website. The purpose of this legislation is to promote transparency within public schools. The type of information required includes, but is not limited to the cost of: materials; salary and benefit expenditures; professional development; facility maintenance and small capital projects; new construction or major renovations on a cost-per-square-foot; the annual budget of the local board; annual audits; per student expenditures, and findings of irregularities or budget deficits by the Department of Audits.

Authored By:

Rep. D. C. Belton (112th)

House Committee: Education

Rule Applied: Committee

Page 4 of 8

Modified-Open 02-09-2017 Do Pass by Committee

House of Representatives

Daily Report for February 14, 2017

Action:

Substitute

Next on the Floor

HB 185 Probate court; associate judges; change provisions
Bill Summary: This bill allows an associate judge of the probate court, who is serving as an advocate general or in any other military role in a reserve position of the United States armed forces (Army, Navy, Marine, Coast Guard, Air Force, National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, or the State Defense Force), to engage in law practices outside the scope of an associate judges' role. It shall be unlawful for any part-time associate judge of the probate court to engage directly or indirectly, in his name or in another's in any court, on any matter in which his/her own court has pending jurisdiction or has jurisdiction. It is also unlawful for full-time or part-time associate judges of the probate court to give advice or counsel to any person, for any matter, that has arisen, directly or indirectly, in his or her court unless that advice or counsel arises while the associate judge is performing his/her duties of the probate court.

Authored By:

Rep. Christian Coomer (14th)

House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Open 02-09-2017 Do Pass

HB 195 Taxation; certain for profit corporations to participate in the indirect ownership of a home for the mentally disabled for primarily financing purposes; allow
Bill Summary: House Bill 195 amends 48-5-41, relating to property exempt from taxation, by expanding the property tax exemption on homes for the mentally disabled to allow for homes which are indirectly owned by limited liability companies (LLCs), if the LLC's parent organization is a qualified 501(c)(3)organization under Internal Revenue Code, to be included.

Authored By:

Rep. Brett Harrell (106th)

House Committee: Ways & Means

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

Page 5 of 8

House of Representatives

Daily Report for February 14, 2017

Committee Actions

Committee Actions
Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar.

Game, Fish, & Parks Committee
HB 208 Game and fish; boat registration fees and additional methods for reporting the sale of boats; revise
Bill Summary: HB 872 amends Title 27 of the O.C.G.A., relating to game and fish, by revising the license fees and requirements associated with all hunting and fishing licenses. Changes include increases to fees for most hunting, trapping, and fishing licenses as well as converting all three-day hunting and fishing licenses to one-day licenses while allowing for the purchase of additional days at a reduced rate.

HB 872 makes further changes to fees and requirements for commercial fishing boat licenses, including the addition of language for trawlers.

Authored By: House Committee:

Rep. Trey Rhodes (120th) Game, Fish, & Parks

Committee Action:

02-14-2017 Do Pass by Committee Substitute

Health & Human Services Committee
HB 165 Medical practice; maintenance of certification shall not be required; provide
Bill Summary: This bill provides that "maintenance of certification" means a continuous professional development program through which certified physicians maintain a certification by a board that specializes in one particular area of medicine in addition to those the Georgia Composite Medical Board requires to practice medicine.

Authored By: House Committee:

Rep. Betty Price (48th) Health & Human Services

Committee Action:

02-14-2017 Do Pass by Committee Substitute

HB 206

The Pharmacy Audit Bill of Rights; certain audits conducted by the Department of Community Health; remove exception; provisions
Bill Summary: This Bill amends "The Pharmacy Audit Bill of Rights" and removes an exception relating to faults in certain audits conducted by the Department of Community Health. Any clerical or unintentional error in billing, coding, or required documentation shall not constitute fraud for medical assistance provided. No such claim shall be subject to criminal penalties without proof of intent to commit fraud. A provider of medical assistance shall be allowed 30 days following notice to the provider of an error or incomplete documentation identified pursuant to an audit or review in order to correct such miscalculation. A provider of medical assistance shall be given the right to a hearing for any attempted withholding of reimbursement or earning by the department or its agents if it correlates to an error, omission, or incomplete documentation relating to the provision of medical assistance.

Authored By: House Committee:

Rep. Trey Kelley (16th) Health & Human Services

Committee Action:

02-14-2017 Do Pass

HB 210

Health; certain specimen collection stations and blood banks are not considered clinical laboratories; provide
Bill Summary: This bill qualifies that specimen collection stations and blood banks are not "clinical laboratories" for the purpose of regulation. Clinical laboratory is defined as a facility for the examination of materials derived from the human body for the diagnosis or treatment of any disease. The term "clinical laboratory" shall include specimen collection stations and shall include blood

Page 6 of 8

House of Representatives

Daily Report for February 14, 2017

Committee Actions

banks which provide a system for the collection, processing, or storage of human blood and include tissue banks which procure, store, or process human or animal tissues designed to be used for medical purposes in human beings.

The term "clinical laboratory" shall not include laboratories which are non-diagnostic only and regulated pursuant to the federal Clinical Laboratory Improvement Amendments (CLIA) to perform examination of human blood or blood components intended as source material for the manufacture of biological products.

Authored By: House Committee:

Rep. Jodi Lott (122nd) Health & Human Services

Committee Action:

02-14-2017 Do Pass

HR 170

State agencies; work toward increasing research, clinical care, and medical education for myalgic encephalomyelitis; urge
Bill Summary: This resolution urges state agencies, medical service providers, health care agencies, research facilities, medical schools, and all interested parties to work toward increasing research, clinical care, and medical education for myalgic encephalomyelitis. Myalgic encephalomyelitis is an incurable disease that causes a cellular disorder characterized by profound fatigue, sleep abnormalities, pain, and other symptoms that are made worse by exertion.

Authored By: House Committee:

Rep. Sharon Cooper (43rd) Health & Human Services

Committee Action:

02-14-2017 Do Pass

Regulated Industries Committee
SB 85 Malt Beverages; provide for limited sale at retail by manufacturers
Bill Summary: SB 85 removes the tour requirement for distilleries and breweries to provide their products to the public. The bill provides a limited exception to the three-tier system for the distribution and sale of distilled spirits and malt beverages for consumption on and off premises. SB 85 allows distilleries to sell up to 500 barrels of distilled spirits per year with a limitation of 2,250 milliliters per consumer per day for consumption off premises. Moreover, brewers of malt beverages are allowed to sell up to 3,000 barrels per year with a limitation of 288 ounces per consumer per day for consumption off premises.

Authored By: House Committee:

Sen. Rick Jeffares (17th) Regulated Industries

Committee Action:

02-14-2017 Do Pass by Committee Substitute

Page 7 of 8

House of Representatives

Daily Report for February 14, 2017

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, February 15, 2017 7:00 AM ALL HOUSE APPROPRIATIONS SUBCOMMITTEES - 341 CAP 8:00 AM Reeves Subcommittee of the House Judiciary Non-Civil Committee - 415 CLOB 8:00 AM INSURANCE - 606 CLOB 8:00 AM AGRICULTURE & CONSUMER AFFAIRS - 403 CAP 9:00 AM RULES - 341 CAP 10:00 AM FLOOR SESSION (LD 18) - HOUSE CHAMBER 1:00 PM Ways & Means Income Tax Subcommittee - 403 CAP 2:00 PM Environmental Quality Subcommittee of Natural Resources & Environment 403 CAP 2:00 PM Ways & Means Subcommittee on Public Finance & Policy - 133 CAP 2:00 PM RETIREMENT - 515 CLOB 2:00 PM SMALL BUSINESS DEVELOPMENT - 606 CLOB 2:00 PM Regulations Subcommittee on Regulated Industries Committee - 514 CLOB 2:30 PM Tags & Titles Subcommittee of Motor Vehicles - 505 CLOB 2:30 PM Education Subcommittee on Education Innovation & Workforce Development 415 CLOB 3:00 PM HIGHER EDUCATION - 403 CAP 3:00 PM INDUSTRY AND LABOR - 506 CLOB 3:00 PM Special Subcommittee on Transportation - 515 CLOB

Page 8 of 8