Daily report [Feb. 15, 2017]

DAILY REPORT Wednesday
February 15, 2017

18th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 19th Legislative Day on Thursday, February 16 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 7 bills are expected to be debated on the Floor.

Today on the Floor

Rules Calendar
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

Floor Vote:

Yeas: 157 Nays: 11

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

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House of Representatives

Daily Report for February 15, 2017

Today on the Floor

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

Floor Vote:

Yeas: 170 Nays: 0

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

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action:

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

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

Floor Vote:

Yeas: 168 Nays: 0

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

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

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Daily Report for February 15, 2017

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 19th Legislative Day, Thursday, February 16, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Thursday, February 16, at 9:00 a.m., to set the Rules Calendar for the 20th Legislative Day.

HB 1

Georgia Space Flight Act; enact
Bill Summary: This legislation 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. The bill provides the warning and written agreement that the flight participant shall sign, and it provides a list of what makes the warning and written agreement effective and enforceable. This limit on liability does not cover injuries caused by gross negligence (acting carelessly) for the safety of the participant or intentional injury. Liability is also not limited for: any other person who is not a participant of a space flight who has not signed such a waiver; for breach of contract for the use of real property by a space flight entity; or for an action by the federal government, the State of Georgia, or any state agency to enforce a valid statute or rule or regulation. All space flight lawsuits that occur in Georgia shall be brought in Georgia.

Authored By:

Rep. Jason Spencer (180th)

House Committee: Judiciary

Rule Applied: Committee Action:

Modified-Structured 01-31-2017 Do Pass by Committee Substitute

HB 73

Income tax credit; incentives to promote the revitalization of rural Georgia downtowns; provide
Bill Summary: House Bill 73 adds 48-7-40.32, which creates tax credit incentives to promote the revitalization of vacant rural downtowns. The commissioner of the Department of Community Affairs and the commissioner of the Department of Economic Development are provided with the authority to designate an area as a revitalization zone.

To be eligible, local governments, with a population of fewer than 15,000, must: prove economic distress; vacancy of the downtown area or blight; have a concentration of historic commercial structures at least 50 years old in the downtown area; conduct a feasibility study or market analysis identifying businesses which can be supported in the area; and have developed a master plan designed to assist private and public investment.

The bill provides a $2,000 per full-time equivalent employee tax credit to business owners within a revitalization zone who hire two or more new employees. This credit is capped at $40,000 per year for each business owner.

A property development tax credit is also included. This credit is for investors who acquire and develop property within a revitalization zone, so long as an eligible business is located in the property and qualifies to receive the employee tax credit provided in this Code section or an eligible business is located in the property and maintains at least two full time equivalent jobs. The property development tax credit is for 25 percent of the purchase price, up to $125,000, and is prorated over five years.

The bill also allows for a rehabilitation tax credit. The rehabilitation project must meet minimum historic preservation standards, which are to be identified with assistance of the Department of Natural Resources' Historic Preservation Division. This credit is for 50 percent of rehabilitation expenditures and cannot exceed $75,000. A rehabilitation project taking this credit is not eligible to receive any additional state tax credits.

The three credits provided for in this section are non-transferable and may be carried forward for up to ten years.

Authored By:

Rep. Penny Houston (170th)

House Committee: Ways & Means

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

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House of Representatives

Daily Report for February 15, 2017

Next on the Floor

HB 125 Sales and use tax; certain tangible personal property sold or used to maintain a boat; create exemption
Bill Summary: House Bill 125 amends 48-8-3, relating to exemptions from state sales and use taxes, by adding an exemption for the portion of a boat repair, refit, or maintenance event that exceeds $500,000 in the aggregate value of engines, parts, equipment, or other attached tangible property.

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

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

HB 160 Mass transportation; create Georgia Commission on Transit Governance and Funding, provisions
Bill Summary: House bill 160 creates the Georgia Commission on Transit Governance and Funding. The purpose of this commission will be to study and assess needs for, potential methods of funding of, and means of providing a system of mass transportation and mass transportation facilities for any one or more metropolitan areas of the state, while including consideration of federal programs. A written report of findings an detailed proposal to the Governor, the President of the Senate, the Speaker, and the director of planning for a system of regional, integrated, and comprehensive mass transportation. The proposal must include a recommended regional governance structure along with means of funding construction and operation of mass transportation and mass transportation facilities including state funding. This proposal, and any recommended legislation, is required no later than December 31, 2017 and the commission is abolished by December 31, 2018.

Authored By: Rep. Kevin Tanner (9th) House Committee: Transportation

Rule Applied: Committee Action:

Modified-Structured 02-09-2017 Do Pass by Committee Substitute

HB 198 Elementary and secondary education; influenza vaccine; provide information
Bill Summary: House Bill 198 amends Code Section 20-2-778 by requiring school systems to include information relating to influenza and its respective vaccines if, and only if, the school system already provides information on immunizations, infectious diseases, medications, or other school health issues.

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

Rule Applied: Committee Action:

Modified-Structured 02-09-2017 Do Pass

HB 214 Crimes and offenses; consistent punishment for the unlawful manufacture, sale or distribution of a proof of insurance document; provide
Bill Summary: HB 214 brings into alignment violations of the law regarding false insurance documents within the criminal and insurance sections of the Georgia Code by making the punishment identical felonies.

Authored By:

Rep. Rich Golick (40th)

House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-13-2017 Do Pass by Committee Substitute

HB 231 Controlled substances; Schedules I, II, IV and V; change certain provisions
Bill Summary: HB 231 is the annual narcotics update regarding Schedules I, II, IV, and V controlled substances to capture new synthetic opiates and synthetic marijuana, commonly known as bath salts.

Authored By:

Rep. Bruce Broadrick (4th)

House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-13-2017 Do Pass by Committee Substitute

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Daily Report for February 15, 2017

Committee Actions

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

Agriculture & Consumer Affairs Committee
SB 69 Packaging, Labeling and Registration of Organic Products and Certifying Entities; registration requirement; eliminate
Bill Summary: This bill amends Code Section 2-21-4, relating to packaging, labeling and registration of organic products and certifying entities, by eliminating a registration requirement. Specifically, it removes a part of the section that states no person shall produce, process, distribute or handle in this state any advertised or identified organic food or product unless that person has first registered with the Department of Agriculture. It also strikes language that licensed retail food sales establishments that do not process or repackage certified organic commodities shall be exempt from the registration provisions in the chapter.

Authored By: House Committee:

Sen. John Wilkinson (50th) Agriculture & Consumer Affairs

Committee Action:

02-15-2017 Do Pass

SB 78

Adulteration and Misbranding of Food; Commissioner of Agriculture to issue a variance to certain rules and regulations; authorize
Bill Summary: This bill authorizes the commissioner of the Department of Agriculture to issue a variance or waiver of certain rules and regulations of the department. These waivers or variances can be given authorized if the rule would create a substantial hardship to a person. Additionally, the variances or waivers shall not be sought or authorized if granting a waiver or variance would be harmful to the public.

Authored By: House Committee:

Sen. Lee Anderson (24th) Agriculture & Consumer Affairs

Committee Action:

02-15-2017 Do Pass

Governmental Affairs Committee
HB 257 Local government authorities; register with Department of Community Affairs; require
Bill Summary: House Bill 257 streamlines the reporting process for local government authorities to file their statutorily-required reports to the Department of Community Affairs. It narrows the dates of reporting from two dates to one.

Authored By: House Committee:

Rep. Jan Tankersley (160th) Governmental Affairs

Committee Action:

02-15-2017 Do Pass by Committee Substitute

HB 268

Elections; time period for certification of election officials; provide
Bill Summary: House Bill 268 is a housekeeping bill for the Secretary of State's Office's Elections Division. It reflects the recommendations by the Georgia Elections Advisory Council, removes references to antiquated terms and removes unnecessary Code sections.

Further, it provides that counties may not change precincts within a period of 90 days prior to an election. It clarifies that poll managers shall have control of the flow of traffic inside a voting precinct.

It extends the 90-day period of time an elector has to correct discrepancies between the name that appears on their voter registration application and the name that is supplied by the Department of Driver's Services and the Social Security Administration to 26 months.

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Daily Report for February 15, 2017

Committee Actions

Authored By: House Committee:

Rep. Barry Fleming (121st) Governmental Affairs

Committee Action:

02-15-2017 Do Pass by Committee Substitute

HB 303

State Commission on Family Violence; terms and qualifications of members; change provisions
Bill Summary: House Bill 303 increases the term of office for members of the State Commission on Family Violence from two to three years. It changes references in the Code from "battered women" to "victims of family violence".

Authored By: House Committee:

Rep. Mandi Ballinger (23rd) Governmental Affairs

Committee Action:

02-15-2017 Do Pass

Higher Education Committee
HB 222 HOPE; members of Georgia National Guard and reservists meet residency requirement; provide
Bill Summary: HB 222 allows a member of the Georgia National Guard or a member of a reserve component of the armed forces of the United States located in Georgia to be classified as a legal resident under eligibility requirements for HOPE scholarships and grants.

Authored By: House Committee:

Rep. Shaw Blackmon (146th) Higher Education

Committee Action:

02-15-2017 Do Pass

Industry and Labor Committee
HB 243 Minimum wage; require additional pay to employees based on schedule changes; preempt local government mandates
Bill Summary: House Bill 243 prevents local governments from adopting ordinances that require an employer to pay an employee for work they have not performed due to a last minute change in schedule.

Authored By: House Committee:

Rep. William Werkheiser (157th) Industry and Labor

Committee Action:

02-15-2017 Do Pass

Insurance Committee
HB 174 Insurance; insurer's medium of payment of policy or contractual obligations; expand
Bill Summary: House Bill 174 updates and clarifies the method of payment an insurance company may use to pay a claim. These methods include: wire transfers, cashier's check, bank check or draft, electronic funds transfer, gift card, or any other method approved by the Commissioner of Insurance.

Authored By: House Committee:

Rep. Eddie Lumsden (12th) Insurance

Committee Action:

02-15-2017 Do Pass by Committee Substitute

Intragovernmental Coordination - Local Committee
HB 255 Emanuel County; Board of Education; change description of districts
Bill Summary: This bill changes the description of the Emanuel County Board of Education districts.

Authored By: House Committee:

Rep. Butch Parrish (158th) Intragovernmental Coordination Local

Committee Action:

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02-15-2017 Do Pass

House of Representatives

Daily Report for February 15, 2017

Committee Actions

HB 306

Cherokee County; Board of Education; change compensation of members
Bill Summary: This bill modifies the compensation for members of the Cherokee County Board of Education. The chairman of the board shall be compensated in an amount determined by the board, but not to exceed $1,200 per month. The other members' compensation will also be determined by the board, but not to exceed $1,000 per month. Current law states board members shall be compensated $600 per month.

Authored By: House Committee:

Rep. Scot Turner (21st) Intragovernmental Coordination Local

Committee Action:

02-15-2017 Do Pass

Retirement Committee
HB 312 Employees' Retirement System of Georgia; Board of Trustees; include a qualified Roth contribution program in compensation plans
Bill Summary: HB 312 authorizes the Board of Trustees of the Employees' Retirement System to allow eligible members the option of participating in a qualified Roth contribution program. The Georgia Department of Audits and Accounts has certified this bill as a non-fiscal retirement bill.

Authored By: House Committee:

Rep. Howard Maxwell (17th) Retirement

Committee Action:

02-15-2017 Do Pass

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House of Representatives

Daily Report for February 15, 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.

Thursday, February 16, 2017 7:30 AM APPROPRIATIONS FULL COMMITTEE - 341 CAP 8:00 AM NATURAL RESOURCES & ENVIRONMENT - 606 CLOB 9:00 AM RULES - 341 CAP 10:00 AM FLOOR SESSION (LD 19) - HOUSE CHAMBER 1:00 PM JUVENILE JUSTICE - 406 CLOB 1:00 PM TRANSPORTATION - 506 CLOB 2:00 PM EDUCATION - 606 CLOB 2:00 PM JUDICIARY (CIVIL) - 132 CAP 2:00 PM Life & Health Subcommittee of Insurance - 403 CAP 2:30 PM REGULATED INDUSTRIES - 515 CLOB 3:00 PM Telecommunications Subommittee:Engergy, Utilities & Telecomm - 605 CLOB 3:00 PM Industry and Labor Subcommittee - 506 CLOB 3:00 PM INTRAGOVERNMENTAL COORDINATION - 415 CLOB 3:00 PM WAYS & MEANS - 406 CLOB

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