Daily report [Feb. 16, 2017]

DAILY REPORT Thursday
February 16, 2017

19th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 20th Legislative Day on Friday, February 17 at 9:30 a.m. The Rules committee will meet at 9:00 a.m. 3 bills are expected to be debated on the Floor.

Today on the Floor

Rules Calendar
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

Floor Vote:

Yeas: 162 Nays: 5

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
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Daily Report for February 16, 2017

Today on the Floor

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

Floor Vote:

Yeas: 158 Nays: 3

Rule Applied: Committee Action:

Structured 02-09-2017 Do Pass by Committee Substitute

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

Floor Vote:

Yeas: 152 Nays: 14

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

Floor Vote:

Yeas: 166 Nays: 1

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

Floor Vote:

Yeas: 166 Nays: 2

Rule Applied: Committee Action:

Modified-Structured 02-09-2017 Do Pass

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Today on the Floor

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

Floor Vote:

Yeas: 162 Nays: 6

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

Floor Vote:

Yeas: 164 Nays: 2

Rule Applied: Committee Action:

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

Local Calendar
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: Rep. Butch Parrish (158th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 146 Nays: 0

Rule Applied: Committee Action:

02-15-2017 Do Pass

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Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 20th Legislative Day, Friday, February 17, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Friday, February 17, at 9:00 a.m., to set the Rules Calendar for the 21st Legislative Day.

HB 9

Crimes and offenses; use of device to film under or through person's clothing under certain circumstances; prohibit
Bill Summary: HB 9 criminalizes the conduct, when knowingly and without consent of the person observed, of using any device or apparatus to observe, photograph, videotape, film, or record underneath such person's clothing for the purpose of viewing intimate body parts or undergarments commonly known as "up skirting" or "down blousing." Moreover, it is unlawful to disseminate any such image or recording. Conduct in violation of HB 9 is punished as a felony.

Authored By:

Rep. Shaw Blackmon (146th)

House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

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

HB 44

General appropriations; State Fiscal Year July 1, 2017 - June 30, 2018
Bill Summary: House Bill 44, the Fiscal Year 2018 budget, is set by a revenue estimate of $24.9 billion. This represents an increase of $1.25 billion, or 5.3 percent, over the FY 2017 original budget. The bill, tracking sheet and highlights may be found on the House Budget and Research Office website: http://www.house.ga.gov/budget.

Authored By: Rep. David Ralston (7th) House Committee: Appropriations

Rule Applied: Committee Action:

Modified-Open 02-16-2017 Do Pass by Committee Substitute

HB 138 Superior courts; fifth judge of the Northeastern Judicial Circuit; provide
Bill Summary: This bill amends Code Section 15-6-2(26) to add a fifth superior court judge to the Northeastern Circuit. The additional judge will be appointed by the Governor for a term continuing through December 31, 2020 and until his or her successor is elected. The judge has the same powers, duties, dignity, jurisdiction, privileges, and immunities as other superior court judges, and is authorized to employ court personnel as his or her counterparts in the Northeastern Circuit. The election will be in 2020 and the term, starting January 1, 2021, will be for four years.

Authored By: Rep. Lee Hawkins (27th) House Committee: Judiciary

Rule Applied: Committee Action:

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

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Committee Actions

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

Appropriations Committee
HB 44 General appropriations; State Fiscal Year July 1, 2017 - June 30, 2018
Bill Summary: House Bill 44, the Fiscal Year 2018 budget, is set by a revenue estimate of $24.9 billion. This represents an increase of $1.25 billion, or 5.3 percent, over the FY 2017 original budget. The bill, tracking sheet and highlights may be found on the House Budget and Research Office website: http://www.house.ga.gov/budget.

Authored By: House Committee:

Rep. David Ralston (7th) Appropriations

Committee Action:

02-16-2017 Do Pass by Committee Substitute

Education Committee
HB 148 Educating Children of Military Families Act; enact
Bill Summary: House Bill 148 authorizes the Department of Education to create a unique identifier for students whose parent or guardian is an active-duty military service member or reserve member of the National Guard. The federal government already uses a unique identifier to monitor the educational needs of these military students, and this legislation mirrors the federal identifier. A unique identifier can ensure the student's teachers, counselors, and other relevant school employees are able to take note that this student may require additional services since this student has likely spent most, if not all, of their educational career in multiple locations.

Authored By: House Committee:

Rep. Mike Glanton (75th) Education

Committee Action:

02-16-2017 Do Pass

HB 224

Quality Basic Education Act; military student may attend any school in local system; provide
Bill Summary: House Bill 224 amends the `Quality Basic Education Act' to allow military students the ability to attend any school within their school system beginning in the 2017-2018 school year. This legislation defines a "military student" as any student whose parent is a military service member who lives on or off a military base. Local boards of education shall develop a streamlined process to allow for smooth transitions between schools for military students.

Authored By: House Committee:

Rep. D. C. Belton (112th) Education

Committee Action:

02-16-2017 Do Pass

Intragovernmental Coordination Committee
HB 254 Emanuel County; Board of Education; provide nonpartisan elections for members
Bill Summary: This bill provides for nonpartisan elections for members of the Emanuel County Board of Education.

Authored By: House Committee:

Rep. Butch Parrish (158th) Intragovernmental Coordination

Committee Action:

02-16-2017 Do Pass

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Committee Actions

Judiciary Committee
HB 159 Domestic relations; adoption; substantially revise general provisions
Bill Summary: This bill amends Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for adoption by superseding and modernizing provisions relating to adoption proceedings in Superior Court, as well as enacting adoption reforms based on best practices and the best interest of all involved in the adoption triad: the child, the birth parents, and the adoptive parents.

The bill changes the requirements for adopting children in Georgia. The bill will eliminate the sixmonth residency requirement and allow non-residents to adopt Georgia-born children in association with the Inter-State Compact of Children, as well as provides for Georgia residents to adopt from out-of-state agencies. The age for a single petitioner is reduced from 25 to 21. There is an exception to the requirement that the petitioners must be ten years older than the child who is the subject of the adoption in stepparent and relative adoptions.

The bill allows for reasonable and limited living expenses in private adoptions. The bill provides for a waiver to revoke a surrender of parental rights for those over the age of 18. The age for access to the Adoption Reunion Registry is reduced from 21 to 18 and grants access to records in the registry upon reunion or death. The bill updates and streamlines the path for domestication of a foreign decree of adoption and provides a path for adoption of a foreign-born child following guardianship.

An option is added for an individual over the age of 18 who signs a surrender of parental rights to waive the 10-day right to revoke his or her surrender so that the individual may elect to have the surrender become final upon signature. Updates the procedure for the final hearing to account for the other changes made and to insert factors to be considered by the court in making the ultimate determination that the adoption is in the best interest of the child and to require findings of fact regarding same.

The manner in which notice is provided is clarified so that nonresidents may accede to the jurisdiction in Georgia in surrendering his or her rights to the child for the purposes of an adoption in Georgia. Additional forms are provided.

The bill specifically provides for a nonresident to allow an adoption of his or her child. The bill makes general syntax changes to make the Code more readable and revises and provides for new forms to help the petitioner.

Authored By: House Committee:

Rep. Albert Reeves (34th) Judiciary

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 203

Breach of restrictive covenants; provide accrual periods of rights of action; provisions
Bill Summary: This bill amends the Code section relating to limitations of actions to breach of covenants (agreements binding original parties, successors, and assigns) restricting land use. A right of action shall accrue immediately where a permanent fixture is erected that violates the restrictive covenant and is not just limited to violating a set-back provision. Additionally, when the allegation is based on a continuous act or omission, the right of action will accrue each time the act or omission occurs.

The bill adds a section about condominiums to allow them to expand an association if two-thirds, or higher if the association allows, of the members vote to expand. Requirements for the expansion are outlined.

The bill adds a requirement to look at provisions against the right to control in any condominium instrument, association's articles of incorporation, and the association's bylaws. Right to control may pass to the unit owners if the declarant now fails to pay property taxes on common property of the condominium for two or more years provided there is no provision to the contrary.

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Additionally, when an owner gives notice to a declarant that the declarant is failing to meet an obligation and the declarant does not subsequently correct the failure, the owner has individual standing to institute an action in the superior court to obtain a declaratory judgment without having to file a derivative action. Discovery is not necessary unless ordered by the court for good cause, and the superior court can issue a summary ruling for the transfer of any common areas/property to the association or other appropriate entity. The bill expands these provisions to be controlling where the condominium instrument, association's articles of incorporation, or association's bylaws are silent on these matters.

Finally, the Code is amended to include requirements for the right of control to pass to subdivision plot owners in the same manner.

Authored By: House Committee:

Rep. Brian Strickland (111th) Judiciary

Committee Action:

02-16-2017 Do Pass by Committee Substitute

Juvenile Justice Committee
HB 5 Courts; compensation of juvenile court judges; change provisions Bill Summary: HB 5 increases the salary for full-time and part-time juvenile court judges.

Authored By: House Committee:

Rep. Johnnie Caldwell (131st) Juvenile Justice

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 305

Domestic relations; category of third parties who may be awarded custody in certain circumstances; add stepparents
Bill Summary: HB 305 adds stepparents and former stepparents to the list of permitted third party persons with the ability to petition the court for custody of a child when parental power over that child has been lost.

Authored By: House Committee:

Rep. Beth Beskin (54th) Juvenile Justice

Committee Action:

02-16-2017 Do Pass

Natural Resources & Environment Committee
HB 153 Council on American Indian Concerns; attach to Department of Natural Resources
Bill Summary: HB 153 moves the Council of American Indian Concerns from the Governor's Office of Planning and Budget to the Department of Natural Resources.

Authored By: House Committee:

Rep. Terry Rogers (10th) Natural Resources & Environment Committee
Action:

02-16-2017 Do Pass

HB 168

Upper Oconee Basin Water Authority; abolish Upper Oconee Resource Management Commission
Bill Summary: HB 168 amends the Oconee Basin Water Authority (HB 1514, 1994) by eliminating the Upper Oconee Resource Management Commission. The bill also alters the composition of the Upper Oconee Basin Water Authority by lowering the number of members from nine to eight, with one additional member appointed by the members as a mechanism to select alternate board members. It establishes one-year terms. This legislation affects four counties.

Authored By: House Committee:

Rep. Regina Quick (117th) Natural Resources & Environment Committee
Action:

02-16-2017 Do Pass

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Committee Actions

Regulated Industries Committee
HB 41 Architects; allow certain students to take examination; change qualifications
Bill Summary: HB 41 allows for an education pilot program for students to enroll in an accepted Integrated Path to Architectural Licensure, from an accredited professional degree program, that permits such student to take the professional examination needed for licensure while enrolled.

Authored By: House Committee:

Rep. Brett Harrell (106th) Regulated Industries

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 239

Low-voltage Contractors, Division of; require continuing education; authorize
Bill Summary: HB 239 allows for the Division of Low-voltage Contractors to have no more than four hours of board-approved continuing education annually. Continuing education courses or programs conducted by manufacturers specifically to promote their products are not allowed. In addition, the Division of Low-voltage Contractors shall be able to waive the continuing education requirements in circumstances as the division deems appropriate.

Authored By: House Committee:

Rep. Lee Hawkins (27th) Regulated Industries

Committee Action:

02-16-2017 Do Pass

Transportation Committee
HB 150 State Road and Tollway Authority; failure to pay tolls; place hold on motor vehicle registration
Bill Summary: House Bill 150 allows the State Road and Tollway Authority to garnish income tax refunds in order to offset the debt owed by toll violators who have not responded to attempts by the Authority to collect toll payments.

Authored By: House Committee:

Rep. Alan Powell (32nd) Transportation

Committee Action:

02-16-2017 Do Pass by Committee Substitute

Ways & Means Committee
HB 93 Sales and use tax; no interest shall be paid on refunds; provisions
Bill Summary: House Bill 93 adds a new Code section at 48-8-49.1 which establishes and defines the direct pay reporting program. The program allows a taxpayer to accrue and pay directly to the department sales and use taxes owed. To qualify a taxpayer must purchase more than $2 million of tangible personal property per year and be classified in one of nine industry codes. The bill also amends 48-2-35.1 by providing for interest to be paid on overpayments made by a taxpayer through the direct payment program; however, unless the taxpayer can show a good faith effort to avoid overpayment, if a taxpayer overpays its actual liability by 20 percent or more for any payment during a filing period then interest will not be paid on overages for the entire filing period.

Authored By: House Committee:

Rep. John Corbett (174th) Ways & Means

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 134

Sales and use tax; special district mass transportation; provisions
Bill Summary: House Bill 134 provides for single county T-SPLOST reforms. The bill removes the definition of 'Mass transportation regional system participant' allowing the use of single county TSPLOSTs to fund state transportation projects in section 48-8-250. Section 2 of the bill, relating to special districts and imposition of such tax, is amended by removing the start dates of July 1, 2016 and July 1, 2017 for when a referendum can be called and allows for more than one single county TSPLOST to be levied at the same time as long as the total amount doesn't exceed one percent. The

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Committee Actions

bill prohibits a regional T-SPLOST and a single county T-SPLOST to be on the ballot at the same time. Qualified municipalities are allowed to issue general obligation debts relating to a T-SPLOST.

Authored By: House Committee:

Rep. James Epps (144th) Ways & Means

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 145

Sales and use tax; jet fuel; change method of charging tax
Bill Summary: House Bill 145 provides a method for calculating the state sales and use tax for jet fuel purchased and delivered at a qualifying airport for use in commercial aircraft, which is defined as having a maximum takeoff weight of 50,000 pounds and is regularly used to carry passengers for compensation. It is presumed that 45 percent of jet fuel is consumed in this state for flights destined for a location outside this state and one hundred percent for flights destined for a location within the state. A qualifying airport is defined as any airport in the state that has more than 750,000 takeoffs and landings during a calendar year.

Authored By: House Committee:

Rep. John Carson (46th) Ways & Means

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 204

Ad valorem tax; property tax bills shall not include nontax related fees or assessments; provide
Bill Summary: House Bill 204 provides 48-5-33, relating to ad valorem taxation of property, which states that property tax bills cannot include any non-tax related fees or assessments. Collection and payment of non-tax related fees must be addressed in separate billings. The bill also states that any partial payments must first be applied to ad valorem taxes on real property.

Authored By: House Committee:

Rep. Brett Harrell (106th) Ways & Means

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 238

Ad valorem tax; use of property for solar power generation; provide exception to a breach of covenants
Bill Summary: House Bill 238 amends 48-5-7.4, relating to bona fide conservation use property, and 48-5-7.7, relating to the `Forestland Protection Act', by allowing a portion of the property in a covenant to be used for solar generation of electricity or heat. The portion of the property used for solar electricity or heat generation will be removed from the covenant and become subject to ad valorem tax at the fair market value.

Authored By: House Committee:

Rep. Matt Hatchett (150th) Ways & Means

Committee Action:

02-16-2017 Do Pass

HB 247

Sales and use tax; machinery used to mix or transport concrete; exempt
Bill Summary: HB 247 amends 48-8-3.2, related to a sales tax exemption for certain machinery and equipment used in manufacturing, by adding maintenance and repair of transit concrete mixer trucks. Motor fuel used in concrete mixer trucks is not exempt from sales and use tax.

Authored By: House Committee:

Rep. Dominic LaRiccia (169th) Ways & Means

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 264 Georgia World Congress Center Authority; revenue bond capacity; increase Bill Summary: House Bill 264 increases the amount of bonded indebtedness the Georgia World Congress Center Authority may incur from $200 million to $400 million.
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Committee Actions

Authored By: House Committee:

Rep. Chuck Efstration (104th) Ways & Means

Committee Action:

02-16-2017 Do Pass

HB 283

Revenue and taxation; Internal Revenue Code and Internal Revenue Code of 1986; revise definitions
Bill Summary: HB 283 amends the Revenue Code to incorporate and conform to changes at the federal level which affect the Georgia Revenue Code.

Authored By: House Committee:

Rep. David Knight (130th) Ways & Means

Committee Action:

02-16-2017 Do Pass by Committee Substitute

HB 290

Ad valorem tax; definitions related to exemption of certain agricultural equipment; revise
Bill Summary: HB 290 amends 48-5-41.1, relating to exemption of qualified farm products and harvested agricultural products from taxation, by adding an exemption for agricultural equipment owned or held under a lease-purchase agreement by a family-owned farm products producer.

Authored By: House Committee:

Rep. Sam Watson (172nd) Ways & Means

Committee Action:

02-16-2017 Do Pass

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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.

Friday, February 17, 2017 8:00 AM INSURANCE - 606 CLOB 9:00 AM RULES - 341 CAP 9:30 AM FLOOR SESSION (LD 20) - HOUSE CHAMBER 12:30 PM Reeves Subcommittee of the House Judiciary Non-Civil Committee - 403 CAP 1:30 PM Fleming Subcommittee of the House Judiciary(Civil) Committee - 132 CAP 3:30 PM Kelley Subcommittee of the House Judiciary (Civil) Committee - 132 CAP

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