House of Representatives Daily Report for February 9, 2017 Next on the Floor DAILY REPORT Thursday February 9, 2017 15th Legislative Day House Budget & Research Office (404) 656-5050 House Media Services (404) 656-0305 The House will reconvene for its 16th Legislative Day on Friday, February 10 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. Four bills are expected to be debated on the Floor. Today on the Floor Rules Calendar HB 64 Protection and Guarantee of Service for Health Insurance Consumers Act; enact Bill Summary: House Bill 64 requires insurance carriers that sell health insurance through an insurance agent to provide the agent with a commission. The commission must be structured in a way that does not directly or indirectly discriminate in the amount paid to the agent for the sale of a group plan or an individual plan. Authored By: Rep. Shaw Blackmon (146th) House Committee: Insurance Floor Vote: Yeas: 172 Nays: 1 Rule Applied: Committee Action: Amendments: Modified-Structured 02-01-2017 Do Pass by Committee Substitute HB 75 Social services; certain records from disclosure; exclude Bill Summary: This bill amends Code sections relating access to open records. Currently, any record of law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records may be partially or entirely redacted. This bill allows the same redactions of any record of the Department of Human Services or governmental child protective agency that includes information provided by law enforcement or prosecution agencies in any pending investigation or prosecution of criminal activity contained within the child abuse, neglect, or dependency records. Authored By: Rep. Wendell Willard (51st) House Committee: Judiciary Floor Vote: Yeas: 173 Nays: 0 Rule Applied: Committee Action: Amendments: Modified-Structured 01-31-2017 Do Pass HB 126 Courts; Judicial Qualifications Commission; change provisions Bill Summary: HB 126 amends provisions relating to the Judicial Qualifications Commission (JQC), which oversees investigations and disciplinary actions related to judges for ethical complaints. It provides for the JQC's duties and responsibilities, enumerates a membership selection process, and provides for membership accountability. From January 1, 2017, until June 30, 2017, the JQC shall consist of seven members, who shall be selected as follows: the Supreme Court of Georgia shall select two members who shall be judges of any court of record; the president of the Senate shall select two members, with one member selected from a list of at least ten nominees submitted by the board of governors of the State Bar of Georgia who are members of the Georgia Bar who shall have been an active status member of the Georgia Bar Page 1 of 13 House of Representatives Daily Report for February 9, 2017 Next on the Floor for at least 10 years and shall be a registered voter of this state, and if a nominee is not selected from the list, the board of governors shall submit another slate of 10 nominees for the president of the Senate's consideration and the other member shall be not be a member of the Georgia Bar but will be a registered voter of this state. The speaker of the House of Representatives shall select two members in the same manner as the president of the Senate. The governor shall select one member to chair the JQC, who shall be a member of the Georgia Bar with at least 10 years active status and is a registered voter of this state. Effective July 1, 2017, the JQC shall be reconstituted. The members serving on the commission immediately prior to July 1, 2017 shall cease to serve on that date, but shall be eligible for reappointment or to fill another position on the JQC. The JQC is expanded from seven to ten total members who serve on one of two separate and distinct panels: an Investigative Panel and a Hearing Panel. The seven members of the Investigative Panel are appointed as follows: the Supreme Court of Georgia shall appoint two judges of any court of record; the governor, president of the Senate, and speaker of the House shall each appoint one attorney, who has been a member of the Georgia Bar for at least 10 years; and the president of the Senate and speaker of the House shall each appoint two citizens. The Georgia Bar may provide attorney appointment recommendations to the requisite appointing authorities. The three members of the Hearing Panel as appointed as follows: the Supreme Court of Georgia shall appoint one judge of any court of record to serve as the panels' presiding officer and one attorney, who has been a member of the Georgia Bar for at least 10 years, and the Governor shall appoint one citizen member. The appointment of all members shall be confirmed by the Senate. The names shall be submitted to Senate no later than the third Monday in January. If an appointee is not confirmed, the appointing authority shall promptly submit another appointee's name. If the Senate is not in session at the time an appointee's term begins or a vacancy is created, an appointment shall be effective until a successor is appointed and confirmed at the next regular session. The Investigative Panel shall be responsible for the investigation, prosecution, and administrative functions of the commission, as well as select one person to serve as the director, who is not already a member of the commission but is an active status member of the Georgia Bar who shall not otherwise engage in the practice of law or serve in a judicial capacity. The members will annually elect a chair and vice-chair, and promulgate rules. The Hearing Panel shall be responsible for adjudicating formal charges filed by the Investigative Panel and make disciplinary and incapacity order recommendations to the Georgia Supreme Court, as well as initiate and issue formal advisory opinions regarding the Code of Judicial Conduct or forward recommendations of the Investigative Panel. These formal advisory opinions shall be subject to review by the Supreme Court of Georgia. The initial terms shall be staggered with all subsequent full terms being four years. Members shall be eligible for reappointment to a second full term. A member appointed to an initial term or to fill an unexpired term may be reappointed to two full terms. Vacancies shall be filled by the appointing authority, unless the appointing authority does not fill the vacancy within 60 days from the date on which the Commission notified the appointing authority of the vacancy, at which time the governor shall appoint a replacement member who is of the same category to serve the unexpired term. A member may be removed for cause by unanimous decision of the appointing authorities. Members and staff of the Hearing Panel shall not have: ex parte communications regarding a disciplinary or incapacity matter; immunity from civil liability for conduct in the course of their official duties; absolute privilege over communications to the JQC, its members, and staff relating to judicial misconduct or incapacity. The quorum for an Investigative Panel meeting is four members, with at least one judge, one attorney, and one citizen member present. The quorum for a Hearing Panel meeting requires that all members be present. All powers, functions, duties, agreements, etc. of the former commission are transferred to the commission created July 1, 2017. Page 2 of 13 House of Representatives Daily Report for February 9, 2017 Next on the Floor The bill contains the following confidentiality parameters: Before formal charges are made, all information regarding a disciplinary or incapacity matter shall be kept confidential, unless an exception applies. After formal charges are filed and served, all information regarding a disciplinary matter shall be open and available to the public. All staff and commission work products, deliberations and records addressing the investigation of a judge shall be kept confidential until submission of the case to the hearing panel. All administrative matters shall be open to the public, except to the extent that: they would disclose disciplinary matters in which formal charges have not been filed and served; they would disclose incapacity matters; an executive session would be proper; or that public disclosure of records would not be required under the 'Open Records Act' if the Commission were an agency subject to those Code sections. Notwithstanding the foregoing, information regarding disciplinary or incapacity matters may be disclosed when: the privilege of confidentiality has been waived by the individual who is the subject of the investigation; the commission's rules provide for disclosure under certain circumstances, such as to protect the public, an emergency situation, or when a judge is under consideration for another state or federal position. A judge known to be under investigation by the JQC is disqualified from presiding over a case in which a member of the JQC is representing one of the parties. Authored By: Rep. Wendell Willard (51st) House Committee: Judiciary Floor Vote: Yeas: 176 Nays: 0 Rule Applied: Committee Action: Amendments: Modified-Structured 02-02-2017 Do Pass by Committee Substitute HB 176 Agriculture, Department of; enter into agreements with the federal government to enforce provisions of certain federal laws; authorize Bill Summary: This bill provides an additional article for the Official Code of Georgia Annotated relating to standards, labeling, and contamination of food and allows for the Department of Agriculture to enter into agreements with the federal government to enforce certain federal laws. Authored By: Rep. Tom McCall (33rd) House Committee: Agriculture & Consumer Affairs Floor Vote: Yeas: 172 Nays: 2 Rule Applied: Committee Action: Amendments: Modified-Open 02-01-2017 Do Pass Page 3 of 13 House of Representatives Daily Report for February 9, 2017 Next on the Floor Next on the Floor from the Committee on Rules The Committee on Rules has fixed the calendar for the 16th Legislative Day, Friday, February 10, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Friday, February 10, at 9:00 a.m., to set the Rules Calendar for the 17th Legislative Day. HB 83 Firefighters' Pension Fund; invest up to 10 percent in real estate; provide Bill Summary: HB 83 allows the Georgia Firefighters' Pension Fund to invest up to 10 percent of the fund's assets in real estate. If the fund's assets decrease in value, the fund may retain the real estate investments as long as they were owned prior to the decrease in the fund's assets. The only other system that can invest in real estate is the Georgia Municipal Employees Benefit System. This bill has been certified as a nonfiscal retirement bill by the Georgia Department of Audits and Accounts. Authored By: Rep. Howard Maxwell (17th) House Committee: Retirement Rule Applied: Committee Action: Modified-Open 02-01-2017 Do Pass HB 84 Firefighters' Pension Fund; invest up to 10 percent in alternative investments; provide Bill Summary: HB 84 allows the Georgia Firefighters' Pension Fund to invest up to 10 percent of their assets in alternative investments. This bill has been certified as a nonfiscal retirement bill by the Georgia Department of Audits and Accounts. Authored By: Rep. Howard Maxwell (17th) House Committee: Retirement Rule Applied: Committee Action: Modified-Open 02-01-2017 Do Pass HB 154 Dental hygienists; perform certain functions under general supervision; authorize Bill Summary: HB 154 authorizes licensed dental hygienists to perform application of sealants, oral prophylaxis, fluoride treatment, oral hygiene education, processing of radiographs, and any protocols regarding urgent dental issues that arise under the general supervision of the authorizing licensed dentist. Licensed dental hygienists shall perform their duties only if a licensed dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedure and remains in the dental office or treatment facility while the procedure is being performed by the dental hygienist, and before dismissal of the patient. No licensed dental hygienist shall diagnose, prescribe, determine the initial dosage, or increase the initial dosage of nitrous oxide, practice dentistry, or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the surfaces of the teeth and practices that are prescribed by rule or regulation. The requirement of direct supervision shall not apply to the educational training of dental hygiene students at an institution approved by the board and the Commission on Dental Accreditation of the American Dental Association, or its successor agency, when such instruction is carried out under such degree of supervision by a licensed dentist. Direct supervision shall not apply to the performance of dental hygiene duties at approved dental facilities of the Department of Public Health, county boards of health, or the Department of Corrections or the performance of dental hygiene duties by personnel of the Department of Public Health or county boards of health at approved offsite locations. Dental screenings in schools, volunteer community health settings, senior centers, family violence shelters hospitals, clinics, state, county, local and federal public health programs will not require direct supervision. Authored By: Rep. Sharon Cooper (43rd) House Committee: Health & Human Services Rule Applied: Committee Action: Modified-Structured 01-31-2017 Do Pass by Committee Substitute Page 4 of 13 House of Representatives Daily Report for February 9, 2017 Next on the Floor SB 70 Hospital Medicaid Financing Program; sunset provision; extend Bill Summary: SB 70 amends the Hospital Medicaid Financing Program, also known as the hospital provider fee, by extending the sunset date to June 30, 2020. Authored By: Sen. Butch Miller (49th) House Committee: Appropriations Rule Applied: Committee Action: Modified-Structured 02-08-2017 Do Pass Page 5 of 13 House of Representatives Daily Report for February 9, 2017 Committee Actions Committee Actions Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar. Education Committee 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: House Committee: Rep. D. C. Belton (112th) Education Committee Action: 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: House Committee: Rep. Katie Dempsey (13th) Education Committee Action: 02-09-2017 Do Pass HB 246 Elementary and secondary education; annual fitness assessment program; repeal sunset provision Bill Summary: House Bill 246 amends the 'Student Health and Physical Education Act,' known as the 'SHAPE Act.' The SHAPE Act is a statewide initiative which began in the 2011-2012 school year to address childhood obesity in Georgia and requires all local school systems to comply with state physical fitness instruction and to perform a physical assessment on students once a year during their physical fitness class. This legislation amends the 'SHAPE Act' by eliminating the sunset date which was set for June 30, 2019. Authored By: House Committee: Rep. Wesley Cantrell (22nd) Education Committee Action: 02-09-2017 Do Pass by Committee Substitute Intragovernmental Coordination - Local Committee HB 191 Ben Hill County; abolish office of elected county surveyor; provide appointment Bill Summary: This bill abolishes the office of elected county surveyor of Ben Hill County and provides for the appointment of a county surveyor by the governing authority of the county. The person serving as the elected county surveyor shall serve out the remainder of his or her term. Authored By: House Committee: Rep. Clay Pirkle (155th) Intragovernmental Coordination Local Committee Action: Page 6 of 13 02-09-2017 Do Pass House of Representatives Daily Report for February 9, 2017 Committee Actions HB 219 Coweta County; board of elections and registration; create Bill Summary: This bill creates a board of elections and registration which will have jurisdiction over the conduct of primaries and elections in Coweta County, as well as the registration of electors in the county. The board will be composed of five members, who will be appointed by the County Commission. This bill shall also abolish the Coweta County board of registrars and the Coweta County board of elections on July 1, 2017. Authored By: House Committee: Rep. Lynn Smith (70th) Intragovernmental Coordination Local Committee Action: 02-09-2017 Do Pass HB 272 Villa Rica, City of; ad valorem tax; provide homestead exemption of $8000 for residents 65 and older Bill Summary: This bill provides a homestead exemption from the City of Villa Rica's ad valorem taxes for municipal purposes in the amount of $8,000 of the assessed value of the homestead for city residents who are 65 years or older. There will also be a referendum asking if the citizens of Villa Rica want the homestead exemption. The referendum will take place in March 2017, and the bill will take effect on January 1, 2018, if the referendum passes. Authored By: House Committee: Rep. J. Collins (68th) Intragovernmental Coordination Local Committee Action: 02-09-2017 Do Pass HB 282 Grady County; board of commissioners; change compensation Bill Summary: This bill changes the compensation of the Grady County Board of Commissioners and removes the board's authority to fix the salary of the chairperson. The bill also states the Board of Commissioners will have the authority to define and limit the duties of the chairperson of the board. The board chair shall make 17 percent of the base salary of the Grady County Superior Court Clerk. All other commissioners shall make 12 percent of the base salary of the Grady County Superior Court Clerk; however, a certified county commissioner shall receive an additional $100 per month. Authored By: House Committee: Rep. Darlene Taylor (173rd) Intragovernmental Coordination Local Committee Action: 02-09-2017 Do Pass Judiciary Committee HB 137 Crimes and offenses; restrictions on contingency fee compensation of an attorney appointed in forfeiture actions; change provisions Bill Summary: Under HB 137, attorneys appointed to represent Georgia in forfeiture actions brought pursuant to certain Titles of the Code shall not be compensated: by a percent of assets relating to the forfeiture action; on an hourly basis that is capped by the value of the assets; or on an hourly, fixed fee, or other arrangement that is contingent on the successful prosecution of the forfeiture action. The attorney's compensation terms shall be filed in writing with the clerk of court, with copies furnished for the presiding judge and the Prosecuting Attorney's Council of the State of Georgia. This Code section does not restrict the Attorney General or a district attorney from appointing special assistants or other attorneys to assist in the prosecution of any action relating to this section. Authored By: House Committee: Rep. Scot Turner (21st) Judiciary Committee Action: 02-09-2017 Do Pass Page 7 of 13 House of Representatives Daily Report for February 9, 2017 Committee Actions 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: House Committee: Rep. Lee Hawkins (27th) Judiciary Committee Action: 02-09-2017 Do Pass by Committee Substitute HB 162 Income tax; transfer of setoffs by the Administrative Office of the Courts; revise procedures Bill Summary: This legislation amends the Code section related to "setoff", the balancing of debts by a plaintiff and defendant in debt collection. The bill allows debt refund payments by courts to be paid directly to the court where the debt is owed to exclude the administrative collection assistance fee. This bill further amends that the duties placed on the Administrative Office of the Courts (AOC) may be done by the AOC or by the relevant court. Once funds for the payment of the debt have been transferred, either the AOC or the relevant court in possession of the funds shall deposit and hold the funds in an escrow account until final determination of the validity of the debt. Interest earned may be kept by the Administrative Office of the Courts or the relevant court for administrative costs. Specific requirements of hearings and the appeals processes are stipulated if the debtor contests the setoff. If a court submits a debt for collection, but the relevant department says that no refund proceeds are available, no appeal will be necessary and the claim shall remain valid until proceeds are available for setoff. Upon final determination of a debt due by a hearing, the claimant agency shall remove the amount of debt due from the escrow account and shall credit the amount to the debtor's obligation. Upon final determination of debt due by an appeal, the Administrative Office of the Courts or the relevant court shall remove the amount of debt due from the escrow account and shall credit the amount to the debtor's obligation. When the debt is to be transferred from the escrow account to the credit of the debtor's account, the claimant agency or relevant court to whom debt is owed shall notify the debtor in writing of the setoff. The department shall prepare the notice for use, with the specifics of the notice specified. If there is found to be an excess of the final debt due, the Administrative Office of the Courts or the relevant court shall refund the debtor the amount of the claimed debt. Any funds transferred by the Administrative Office of the Courts to the court, even if there has not been a previous transfer due to insufficient funds, excess funds, or partial payment of funds, the funds will be disbursed by the court without having to resort to collection. Authored By: House Committee: Rep. Betty Price (48th) Judiciary Committee Action: 02-09-2017 Do Pass 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. Page 8 of 13 House of Representatives Daily Report for February 9, 2017 Committee Actions Authored By: House Committee: Rep. Christian Coomer (14th) Judiciary Committee Action: 02-09-2017 Do Pass HB 190 Domestic relations; marriage articles and antenuptial agreements; change provisions Bill Summary: This bill amends the O.C.G.A. related to marriage antenuptial agreements. The term "antenuptial", commonly known as a "prenuptial", is defined. In a marriage contract, a spouse cannot be contracted around not being able to pay his/her existing debts. The younger spouse in an antenuptial agreement or marriage contract cannot invalidate it as long as the spouse is of legal age to contract marriage. Specifics of an antenuptial agreement are outlined, replacing the definition of marriage articles. Marriage contract specifics are listed. If a marriage contract is in writing, it shall be understood to give effect to the intentions of the parties, and no lack of form shall invalidate it. Either spouse may voluntarily execute an antenuptial agreement, or either spouse can at any time during the marriage, either directly or indirectly through a trustee, transfer title of any property to which the spouse has title without notice, subject to limitations by prior purchasers or creditors. Upon petition, the superior court judge can at any time change/remove trustees and does not need to transmit the proceeding in each case to the clerk of the superior court for recording purposes. Antenuptial agreements may be enforced by a court of equity for: the parties to the marriage; a spouse at any time during the life of the other spouse, as long as third parties (such as creditors), if done in good faith and without notice, are not affected; or the offspring of the marriage and their heirs after either spouse's death, so long as the court may enforce in favor of other persons, not including volunteers. This amendment removes requirements/sanctions for recording or failure to record marriage contracts and voluntary settlements with the office of the clerk of the superior court. Finally, for agreements required to be in writing, the amendment removes the exception of marriage articles in agreements made upon consideration of marriage. Authored By: House Committee: Rep. Meagan Hanson (80th) Judiciary Committee Action: 02-09-2017 Do Pass by Committee Substitute HB 197 Fair Business Practices Act; requirements for solicitations of services for obtaining a copy of an instrument conveying real estate; provide Bill Summary: This bill requires third party property deed solicitors that mail a solicitation for services to obtain a copy of an instrument conveying real estate to disclose at the top of their solicitation in all caps in at least a 16-point Helvetica font that "This is not a bill or official government document. This is a solicitation." Authored By: House Committee: Rep. Sam Teasley (37th) Judiciary Committee Action: 02-09-2017 Do Pass Juvenile Justice Committee HB 86 Domestic relations; definition of sexual abuse; expand Bill Summary: HB 86 increases the scope of offenses for mandatory reporters of child abuse to include suspicion of a child being involved in sex trafficking for the purpose of sexual servitude. Authored By: House Committee: Rep. Mary Oliver (82nd) Juvenile Justice Committee Action: 02-09-2017 Do Pass Page 9 of 13 House of Representatives Daily Report for February 9, 2017 Committee Actions HB 250 Foster homes; employee with satisfactory fingerprint records check in past 24 months exempt from additional background check; provide Bill Summary: HB 250 allows those adults applying to become a foster parent, or who provide care for foster children, who are an employee of an early care and education program for children, to simply submit evidence that such adults have received a satisfactory background and finger print records check within 24 months in lieu of the standard application process. Authored By: House Committee: Rep. Mandi Ballinger (23rd) Juvenile Justice Committee Action: 02-09-2017 Do Pass Transportation Committee 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: House Committee: Rep. Kevin Tanner (9th) Transportation Committee Action: 02-09-2017 Do Pass by Committee Substitute Ways & Means Committee HB 54 Health; indigent care in rural hospitals; provide an additional reporting requirement; change certain amounts eligible for tax credit Bill Summary: House Bill 54 amends 31-8-9.1, relating to tax credits for donations to rural hospitals, by requiring the report submitted by the rural hospital organization to the Department of Revenue to show all contributions received from individual and corporate donors and the manner in which those funds were utilized, as well as any payments made to a third party to solicit, administer, or manage the donations. The bill also amends 48-7-29.20 by increasing the amount of the tax credit from 70 percent of the donation to 90 percent of the donation or $5,000 per year for individuals and $10,000 per year for married couples, whichever is less, and flattens the cap at $60 million for 2017, 2018, and 2019. Authored By: House Committee: Rep. Geoff Duncan (26th) Ways & Means Committee Action: 02-09-2017 Do Pass by Committee Substitute 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 Page 10 of 13 House of Representatives Daily Report for February 9, 2017 Committee Actions 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: House Committee: Rep. Jay Powell (171st) Ways & Means Committee Action: 02-09-2017 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: House Committee: Rep. Penny Houston (170th) Ways & Means Committee Action: 02-09-2017 Do Pass by Committee Substitute Page 11 of 13 House of Representatives Daily Report for February 9, 2017 Committee Actions 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: House Committee: Rep. Sam Watson (172nd) Ways & Means Committee Action: 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: House Committee: Rep. Ron Stephens (164th) Ways & Means Committee Action: 02-09-2017 Do Pass by Committee Substitute HB 142 Income tax; statements furnished after due date; assess a late penalty Bill Summary: House Bill 142 amends Chapter 7 of Title 48 by establishing late penalties for the delayed release of 1099 and W-2 forms to an employee and to the Department of Revenue. The penalties for submitting 1099s and W-2s after January 31 to the employee are: ten dollars per statement filed up to 30 days late not to exceed $50,000; twenty dollars per statement filed between 31 and 210 days late not to exceed $100,000; and fifty dollars per statement filed more than 210 days late not to exceed $200,000. The penalties for submitting 1099s and W-2s after January 31 to the Department of Revenue are identical to the penalties for employees. Authored By: House Committee: Rep. Spencer Frye (118th) Ways & Means Committee Action: 02-09-2017 Do Pass by Committee Substitute 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: House Committee: Rep. Brett Harrell (106th) Ways & Means Committee Action: 02-09-2017 Do Pass by Committee Substitute Page 12 of 13 House of Representatives Daily Report for February 9, 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. Friday, February 10, 2017 8:00 AM Kelley Subcommittee of the House Judiciary (Civil) Committee - 403 CAP 9:00 AM RULES - 341 CAP 10:00 AM FLOOR SESSION (LD 16) - HOUSE CHAMBER 11:30 AM Game, Fish & Parks HB 208 Subcommittee - 230 CAP 11:30 AM The Fleming Subcommittee of the House Judiciary (Civil) Committee - 133 CAP 12:30 PM Setzler Subcommittee of the House Judiciary Non-Civil Committee - 132 CAP Page 13 of 13