Daily report [Mar. 28, 2017]

House of Representatives

Daily Report for March 28, 2017

DAILY REPORT Tuesday
March 28, 2017

39th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 40th Legislative Day on Thursday, March 30 at 10:00 a.m.

Today on the Floor

Motions to Agree
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. The commission may designate up to ten revitalization zones in any given year and there may not be more than 50 revitalization zones in existence at any time.

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 tax 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 30 percent of rehabilitation expenditures, cannot exceed $150,000, and is prorated over three tax years. 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)

Rule Applied: Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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HB 88

Superior courts; qualifications for judges; revise
Bill Summary: This legislation amends general provisions regarding superior and state court judges, specifically qualifications and the consequences of disbarment or suspension. A superior and state court judge must still be at least 30-years old at the time of his or her election, be a citizen of the State of Georgia for three years, have seven years of law practice, and be a member of good standing with the State Bar of Georgia; however, the bill adds that a superior and state court judge now must also remain in such good standing while serving as a judge. When a superior or state court judge is disbarred or suspended from the practice of law by the Supreme Court, voluntarily or involuntarily, the office shall be vacated immediately, regardless of bar status at time of election.

Authored By: Rep. Barry Fleming (121st) Motion to Agree as Amended

Rule Applied: Modified-Open

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 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

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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.

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.

Additionally, this bill amends the Code section relating to the practice of law of associate judges of the probate court to allow full and part-time associate judges of the probate court to serve as an advocate general or in any other military role in a reserve position of the United States armed forces; however all other practice of law outside of his/her role as an associate judge shall still be illegal.

Authored By: Rep. Wendell Willard (51st)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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HB 202

Public officers and employees; annual salary for the Governor; change provisions
Bill Summary: House Bill 202 increases the governor's annual salary from $60,000 to $175,000, effective January 1, 2019. Effective on or before July 1, 2017, the bill revises the State Commission on Compensation from 12 to seven members, who may not be employed by the state nor an immediate family member of an officer or employee of the state. The governor has three appointments and the speaker of the House and the lieutenant governor have two appointments, respectively. Members will vote to elect a chair and are entitled to the state per diem and transportation costs. Recommendations of the committee should be filed as report with the governor, lieutenant governor, speaker of the House, clerk of the House, secretary of the Senate and legislative counsel at least 90 days before a regular legislative session with compensation recommendations or no recommendation.

Authored By: Rep. Jay Powell (171st) Motion to Agree as Amended

Rule Applied: Structured

HB 205

Mining and drilling; regulate exploration and extraction of gas and oil; provisions
Bill Summary: This bill regulates the exploration and extraction of gas and oil in the state by amending the 'Oil and Gas and Deep Drilling Act of 1975'. Any oil and gas exploration to identify new sources of energy should not occur at the expense of the state's important natural resources, such as residential, municipal, and industrial supplies of fresh water. Additionally, the bill also defines hydraulic fracturing.

It also allows the Board of Natural Resources to delegate to the director of the Environmental Protection Division the authority to create an Oil and Gas Board to review and issue permits and to regulate drilling activity. The Oil and Gas Board, which can only be created after receiving at least 12 applications in a calendar year for any permit to drill any well, will consist of the state geologist and three other members appointed by the governor.

The Board of Natural Resources will also have the power to create rules establishing procedures for the restoration and reclamation of well sites. The board also must adopt regulations governing hydraulic fracturing operations by July 1, 2018. These regulations include, but aren't limited to, creating public notices for any applications for any hydraulic fracturing permits, identification of groundwater sources within one-half mile of any proposed wellhead, and the disclosure of the contents of fluids used in hydraulic fracturing projects to the director and the commissioner of public health. This includes provisions which may allow for the withholding of trade secrets. Anybody wishing to drill a well, other than one that will produce fresh water, has to apply with the director of the EPD and pay $500 for a permit.

The director shall issue a public notice for the permit application within 30 days of receiving the application. Following a 30-day public comment period, the director will also have to notify the public of the final permit decision. The bill also defines permit requirements.

Additionally, the bill has a clause stating that the bill will not limit the authority of local governments to adopt local zoning or land use ordinances limiting the location or timing of the activities defined in the bill for the purposes of protecting natural resources or human health and welfare.

Moreover, a severance tax of three cents per barrel of oil and one cent per thousand cubic feet of gas shall be levied on oil or gas removed from the ground by an extractor. The governing authority of each county or municipality can enact local ordinances or resolutions to levy its own severance tax, which can't exceed nine cents per barrel of oil or two cents per thousand cubic feet of gas.

Authored By: Rep. John Meadows (5th) Motion to Agree as Amended

Rule Applied: Modified-Structured

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HB 221 Commerce and trade; powers of attorney to a uniform Act; update and conform provisions
Bill Summary: HB 221 provides definitions and enumerates authorization provisions and use of powers of attorney and financial powers of attorney.
The bill codifies agency law as it relates to powers of attorney and financial powers of attorney, including methods of acceptance or acknowledgment of power of attorney, and provides provisions relating to the effectiveness of powers of attorney executed in other states. Powers of attorney are durable unless expressly provided that it terminates at incapacity. To be in effect, the powers of attorney must be signed, witnessed and notarized; however, this new chapter does not affect the validity of pre-existing powers of attorney executed under previous Georgia law, powers of attorney validly created under the law of another jurisdiction, or military powers of attorney. The meaning and effect of a power of attorney is to be determined by the jurisdiction under which it was created.
HB 221 allows a principal to nominate a conservator or guardian for consideration by the court assuming the protective proceedings occur after execution of the power of attorney. Unless there is good cause or disqualification, the court shall appoint in accordance with the principal's most recent nomination. Unless the power of attorney specifically states or the court otherwise orders, the appointment of a guardian, conservator, or other fiduciary shall terminate all or part of the power of attorney that relates to matters within the scope of the guardianship or agency. The bill establishes a default rule that a power of attorney is effective upon execution. If the principal creates a springing power of attorney (meaning arises later after execution of the power of attorney), the principal may authorize one or more persons to authorize whether or not the contingency (event giving rise to the power of attorney relationship) occurred. When a principal has not authorized the contingency, the determination can be made by: a licensed physician or psychologist, an attorney or judge, or a person who acts as the principal's representative pursuant to the 'Health Insurance Portability and Accountability Act of 1996' (HIPAA).
The bill also provides when these power of attorney agency relationships end, to include: stipulated end date, purpose completed, principal's actions, or agent's actions.; however, the principal must provide the agent with notice of such revocation by certified mail and file such notice with the clerk of superior court in the county of domicile of the principal. The bill allows for the designation of coagents as well as successor agents, and enumerates duties of agents of behalf of the principal, and grounds for termination of such agency relationship. The principal creating a power of attorney may designate two or more co-agents, who may exercise their power independently unless otherwise provided. Successor agents may be assigned if an agent becomes incapacitated for any reason. The successor agent will have the power of the original agent and the ability to serve as the agent until all of the predecessor agents have left the job for any reason. The bill provides for the responsibilities for notification and action if an agent has actual knowledge of a breach or imminent breach of a fiduciary duty.
The bill establishes a default provision that an agent shall be entitled to reimbursement of expenses, but not compensation, unless otherwise stated in the power of attorney. The bill mandates an agent's duties, to include acting in the best interest, in good faith, and within the scope of the power of attorney. Default duties of an agent include: acting for the principal's benefit; acting with care/competence/diligence; keeping a record of receipts/disbursements/ and transactions; cooperating with healthcare decision makers; attempting to preserve an estate plan, and more. The bill provides liability protections for an agent acting in accordance with these duties.
The following persons are also authorized to petition a court of competent jurisdiction to construe a power of attorney or financial power of attorney agreement: the principal or agent; a guardian, conservator, or other fiduciary acting for the principal; a person authorized to make health care decisions for the principal; the principal's spouse, parent, or descendant; an individual who would qualify as a presumptive heir of the principal; a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; a governmental agency having regulatory authority to protect the welfare of the principal; the principal's caregiver or another person who demonstrates sufficient interest in the principal's welfare; and a person asked to accept the power of attorney.
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HB 221 provides that an agent's liability for violating the chapter includes the amount to restore the value of the property, as well as the reimbursement for attorney's fees. The bill provides requirements and standards of care for agents, who are liable for foreseeable damages for breach of fiduciary duties when the agent has actual knowledge of a breach or imminent breach and fails to act.

This legislation allows a person asked to accept an acknowledged power of attorney to request: an agent's certification under penalty of perjury; an English translation; and the opinion of an attorney at the request of the principal. The bill provides a process and timeline for acceptance of a power of attorney, as well as reasons the power of attorney would not be required to be accepted, which include: the request for certification/translation/opinion is refused; the person is not required to transact business with the principal in the same circumstances; the person believes in good faith that the agent does not have the authority to perform the act requested; the person makes or has actual knowledge that another person has made a report to adult protective services that they believe the principal may be subject to abuse. If a person refuses to accept a power of attorney, the person shall be subject to a court order mandating acceptance, liability for attorney's fees and costs incurred in any action.

Article 2 describes the full range of general authorities, as well as those actions that require the specific granting of authority for: real property; tangible personal property stocks and bonds; commodities; banking; business operations; insurance and annuities; estates and trusts; claims and litigation; personal and family maintenance, etc. Article 3 provides the statutory forms for a power of attorney which must be used or substantially similar forms for banks or other institutions to comply with those forms.

Lastly, the bill clarifies that the mere furnishing of a power of attorney does not, in and of itself, absolve a person from criminal prosecution regarding theft, and other forms of abuse, neglect, and exploitation.

Authored By: Rep. Chuck Efstration (104th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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: Rep. Shaw Blackmon (146th) Motion to Agree as Amended

Rule Applied: Modified-Structured

HB 249

Controlled substances; collect more information regarding dispensing and use; provisions
Bill Summary: HB 249 requires those who have a Drug Enforcement Administration (DEA) permit number to enroll in a prescription monitoring database and update that database when that individual writes a prescription for controlled substances or is a dispenser of controlled substances. Violation of this requirement is to be handled administratively by the state regulatory governing board for the prescriber. Moreover, dispensers of such prescriptions must submit information to the prescription monitoring database every 24 hours. Patient information in the prescription monitoring database must be in compliance with the rules of the federal 'Health Insurance Portability and Accountability Act (HIPPA) of 1996'. Both prescribers and dispensers of controlled substances may delegate not more than two individuals of their staff to have access and update the prescription monitoring database, so long as those individuals are properly licensed or have a proper criminal record background check.

HB 249 provides for exceptions for the prescribers' requirement to update the database when the prescription for those controlled substances for: no more than a three-day supply (26 pills); the prescriptions are to be administered and used by a patient on the premises of a hospital or healthcare facility; the patient has had outpatient surgery and the supply is for no more than 10 days (40 pills); the patient is in an outpatient hospice program; or the patient is receiving treatment for cancer. In addition, overdose rescue kits have been removed from the list of dangerous drugs and can be supplied over the
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counter and are required to be a certain minimum strength.

Authored By: Rep. Kevin Tanner (9th) Motion to Agree as Amended

Rule Applied:

Modified-Structured

HB 292

Firearms; laws relating to the carrying of weapons and safety; revise and clarify
Bill Summary: HB 292 is the 'Georgia Firearms Industry Nondiscrimination Act', which prohibits any person, unless otherwise precluded by law or regulation, to refuse to provide, continue to provide, terminate or discriminate in the provision of financial services of any kind against a person or trade association because the person or association is engaged in the lawful commerce of firearms or ammunition products.

The bill includes several "house-keeping" provisions in the statute relating to weapons or firearms and the carry and possession of firearms. The definition of knife is amended from having a length of five inches to a blade longer than 12 inches. The bill provides for new Georgia residents, who have a carry license issued by a state which recognizes Georgia licenses, to have 90 days to secure a valid Georgia license. The bill states that persons who have a valid hunting or fishing license are not required to have a weapons carry license on their person when they are engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by the state. The bill also allows probate judges receiving applications for permits to issue printed information on firearms safety courses. The bill requires the Department of Natural Resources to provide on their principal website information on state hunter education classes that render gun safety instruction. Another provision of the bill expands the exemption for retired law enforcement carry privileges to include those officers who: are citizens of this state and have an aggregate of 10 years in law enforcement with arrest powers; separated from service in good standing, and have an identification card for retired law enforcement. This legislation allows law enforcement personnel to create a comprehensive plan in the courthouse when ingress and egress are actively restricted or screened by law enforcement. They can then require that people who carry a weapon to leave the weapon with law enforcement personnel while inside a restricted area. The legislation allows that active law enforcement, in uniform and official badge, may carry their service weapon into the courthouse. The bill clarifies the definitions for "commercial service airport" and "major airline carrier" as they apply to those who carry a weapon into a commercial airport. Finally, the legislation provides immunity from civil liability for injuries caused by the failure of a person to use a firearm properly or lawfully to those instructors who provide safety training.

Authored By: Rep. Rick Jasperse (11th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 338

Education; system of supports and assistance for low-performing schools in the greatest need; provisions
Bill Summary: House Bill 338 creates an alternative system of supports and assistance for the lowestperforming schools that fall under the State Board of Education's intervention power in the form of a turnaround school. Schools performing in the lowest 5 percent in this state, according to the statewide accountability system, are eligible for selection as a turnaround school. This alternative intervention will include a chief turnaround officer, turnaround coaches, and a turnaround advisory committee who will work together to ensure resources are targeted to increase student achievement in turnaround schools.

HB 338 further amends O.C.G.A. 20-2-54.1 relating to the removal process of local school board members upon potential loss of accreditation.

This legislation also includes the creation of two study committees; the Joint Study Committee on the Establishment of a State Accreditation Process and the Joint Study Committee on the Establishment of a Leadership Academy.

Authored By: Rep. Kevin Tanner (9th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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HB 341

Crimes and offenses; mandatory terms for trafficking individuals for sexual servitude; provisions
Bill Summary: HB 341 adds those who patronize or solicit a person who is the victim of sexual servitude to the offense of sex trafficking. Moreover, sex trafficking a person for sexual servitude is added to the list of dangerous sexual offenses where the violator must register as a sex offender. HB 341 also clarifies and corrects the Code regarding probation for consecutive sentences for sexual offenses where probation can only be imposed upon the final consecutive sentence. In addition, the bill adds pimping and pandering to a list of offenses where the offender must serve at least 24 hours of incarceration. HB 341 also removes the sunset provision on the requirement for posting the human trafficking hotline in certain locations.

Authored By: Rep. Albert Reeves (34th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

Motions to Disagree
HB 329 Income tax; rate of tax imposed on the taxable net income of individuals; modify
Bill Summary: House Bill 329 amends 48-7, relating to imposition, rate, and computation of and exemptions from income taxes, by reducing the tax rate for the top tax bracket to 5.65 percent, requiring the Department of Revenue to annually publish an inflationary index rate related to the inflation or deflation of the cost-of-living of residents of Georgia, and to adjust the personal exemptions, standard deductions, and tax brackets according to the published inflationary index rate.

The bill also amends the definition of "dealer" in 48-8-2, relating to state sales and use tax, to include any person who, in the previous 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. The bill also amends 48-8-30 by defining the term "delivery retailer" to mean any retailer that, in the previous 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)

Rule Applied: Structured

Motions to Disagree: (A motion to disagree sends the bill back to the Senate for consideration.)

HB 340

Alternative ad valorem tax; motor vehicles; change manner of distribution of proceeds
Bill Summary: House Bill 340 amends 48-5C-1, relating to alternative ad valorem tax on motor vehicles, by stating that the taxable value of vehicles sold is to be the retail selling price of the vehicle minus the value of any trade-in and any rebate. The reduction for the value of a trade-in vehicle is only

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available if the name of the owner and the vehicle identification number is included on the bill of sale. The taxable value of a leased vehicle is the total of the base payments pursuant to the lease agreement. For a kit car, the taxable value is the greater of the retailer selling price of the kit or the average of the current fair market value and the current wholesale value of the vehicle. The taxable value of a used motor vehicle sold through a seller financed sale is the average of the current fair market value and the current wholesale value of the vehicle. The bill also states that any motor vehicle dealer who does not submit or finalize the application for title within 30 days of the purchase shall be fined an amount less than $500 per transaction and may be the basis for the revocation or suspension of the dealer's license. The bill allows for the local tag agent to collect and remit to the local county's general fund not more than one percent of the total to defray administrative costs. Individuals who move to Georgia shall pay 50 percent of the state title ad valorem tax fee not to exceed $1,100. TAVT fees do not apply for individuals who have paid TAVT fees, moved out of the state and returned to the state and title the same vehicle for which they had paid the TAVT fees. TAVT fees also do not apply to transfers of a title made as a result of a business reorganization when the owners being reorganized maintain the same interest. 1962 or earlier model year vehicle owners may opt in to the TAVT upon payment of a fee equal to one percent of the fair market value of the vehicle. The transfer of a title resulting from a divorce decree or court order is subject to a fee equal to one percent of the fair market value of the vehicle. The bill states that temporary plates issued by vehicle dealers are to have an expiration date 45 days from the date of purchase.

Authored By: Rep. Shaw Blackmon (146th)

Rule Applied: Structured

Motions to Disagree: (A motion to disagree sends the bill back to the Senate for consideration.)

HB 506

Metropolitan Atlanta Rapid Transit Authority Act of 1965; award certain contracts involving concessions; provide for vote by Board
Bill Summary: House Bill 506 allows MARTA to issue request for proposals for contracts for concessions rather than being held to the current requirement of accepting only the highest bid.

Authored By: Rep. Tom Taylor (79th)

Rule Applied: Modified-Structured

Motions to Disagree: (A motion to disagree sends the bill back to the Senate for consideration.)

Rules Calendar

SB 1

"The Protect Act- Protecting Georgians Against Terrorism"; revise the definition of domestic terrorism

Bill Summary: SB 1 creates the offense of domestic terrorism. Domestic terrorism is any felony offense or attempt to commit a felony intended to cause serious bodily harm, kill, or disable or destroy critical infrastructure, which is intended to intimidate the civilian population or coerce the policy of the government. The punishment for domestic terrorism where a death occurs is death or imprisonment for life. The punishment for domestic terrorism where a kidnapping occurs is imprisonment for no less than 15 nor more than 35 years or imprisonment for life. The punishment for domestic terrorism where serious bodily harm occurs is imprisonment for no less than 15 nor more than 35 years. The punishment for domestic terrorism where critical infrastructure is disabled or destroyed is imprisonment for no less than 5 nor more than 35 years. Furthermore, any punishment for domestic terrorism shall not be suspended, stayed, probated or differed. SB 1 also updates the definition of bacteriological weapon and biological weapon. Moreover, SB 1 directs the Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center to establish guidelines and procedures for the purpose of identifying and combating domestic terrorism.

Authored By: Sen. Bill Cowsert (46th) House Committee: Judiciary Non-Civil

Floor Vote: Floor Action:

Yeas: 84 Nays: 83 Failed

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-22-2017 Do Pass by Committee Substitute

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SB 3

"Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act"; enact
Bill Summary: Senate Bill 3 enacts the 'Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act'. The at amends and expands Title 20 to provide for industry credentialing for students who complete focused programs of study. This legislation adds "energy" to the current list of focused programs and allows local school systems, charter schools, and college and career academies to develop and submit additional pathways for consideration by the State Board of Education. The State Board of Education shall establish a competitive grant for renovation, modernization, replacement, or purchase of equipment for industry certified programs and those in the process of achieving certification, with grant priority given to chronically low-performing high schools.

This legislation also allows registered or certified local law enforcement to use an automated traffic enforcement safety device or a stationary speed detection device within a school zone. This device may be capable of taking still photos or videos and can detect speed from these images. Law enforcement employing this technology will be required to erect signs warning drivers of the detection device, and data or image collected is not public information. Fines are $125 for the violation plus a fee for the processing of the fine which shall not exceed $25.

Authored By: Sen. Lindsey Tippins (37th) House Committee: Education

Floor Vote:

Yeas: 152 Nays: 18

Rule Applied: Committee Action: Amendments:

Modified-Open 03-20-2017 Do Pass by Committee Substitute AM 41 0295

SB 14

State Income Taxes; rural hospitals income tax credit; clarify the amount of an exemption for certain entities under the contributions
Bill Summary: Senate Bill 14 amends 31-7-94, relating to grants to hospital authorities, by including rural hospital organizations as an authorized recipient of these grants. "Rural hospital organization" is defined in the same manner as in 31-8-9.1, relating to tax credits for donations to certain rural hospitals.

Authored By: Sen. Dean Burke (11th) House Committee: Ways & Means

Floor Vote:

Yeas: 171 Nays: 1

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-21-2017 Do Pass by Committee Substitute

SB 16

Low THC Oil; definition; provisions relating to conditions eligible for use; change
Bill Summary: SB 16 increases the list of conditions that are eligible for treatment with medical cannabis. The new conditions are: Tourette's syndrome when such syndrome is diagnosed as severe; autism spectrum disorder when the patient is 18 or older and for severe autism when the patient is under 18 years old; epidermolysis bullosa; Alzheimer's disease when severe or end-stage; AIDS when such syndrome is diagnosed as severe or end-stage; and peripheral neuropathy when such symptoms are considered severe or end-stage. In addition, the bill allows for reciprocity of medical cannabis registration cards from other states, so long as the medical cannabis in the person's possession comports with the laws of Georgia and has not been present in the state for more than 45 days. Also, the reporting requirement for doctors has been reduced from quarterly to semi-annually and must include the THC levels used in treatment.

Authored By: Sen. Ben Watson (1st) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 167 Nays: 4

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-17-2017 Do Pass by Committee Substitute

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SB 41

Pharmacists and Pharmacies; durable medical equipment suppliers; provide for the licensure; definition; requirements; discipline and revocation
Bill Summary: SB 41 relates to pharmacies and pharmacists to provide for the licensure of durable medical equipment suppliers. "Durable medical equipment" is defined as equipment for which a prescription is required, including repair and replacement parts, and which can withstand repeated use; has an expected life of at least three years; is primarily and customarily used to serve a medical purpose; generally is not useful to a person in the absence of illness or injury; and is appropriate for use in the home.

Any person who supplies durable medical equipment to a consumer and submits a claim for reimbursement by a third party shall possess a durable medical equipment supplier license issued by the Georgia State Board of Pharmacy. Licenses shall be effective for 36 months from the date of issuance and shall not be transferable or assignable. The board reserves the right to initially and periodically inspect the applicant's or licensee's office or place of business within the state. A required fee will be established by the Georgia State Board of Pharmacy.

The board may issue a license to a Medicare-enrolled, out-of-state manufacturer or wholesale distributor that provides durable medical equipment directly to consumers if the manufacturer or wholesale distributor possesses a valid license from another state. Those manufacturers or wholesale distributors are exempt from the requirements.

Authored By: Sen. Renee Unterman (45th) House Committee: Health & Human Services

Floor Vote:

Yeas: 127 Nays: 43

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-23-2017 Do Pass by Committee Substitute

SB 71

Bankruptcy; list of property that is exempt; add assets in health savings accounts and medical savings accounts
Bill Summary: This bill instructs all Georgia postsecondary institutions to report any information reasonably believed pertinent to a felony crime committed by an enrolled student, in or on properties overseen by the institution, to law enforcement officials. If the felony involves an alleged sexual assault, no information identifying the victim shall be provided in the report without the consent of the victim.

The law enforcement agency determines whether to investigate the alleged criminal offense and report any findings to the appropriate prosecutor's office. No investigation of the alleged offense should be undertaken by the postsecondary institution unless the investigation is conducted by a campus law enforcement agent that is POST certified. This bill does not require a victim of an alleged sexual assault to cooperate with law enforcement in any investigation or to participate in any subsequent prosecution.

Each postsecondary institution is expected to meet its duty of care to protect the campus community as required by law. The postsecondary institution may pursue interim measures or formal disciplinary actions against any student for any violation of its code of conduct based on general disciplinary processes for students. Before any disciplinary actions are taken, the accused student must be provided the opportunity of a hearing and afforded due process protections. Furthermore, no disciplinary investigation shall obstruct or prejudice an ongoing criminal investigation. Postsecondary institutions are not allowed to force a victim of an alleged sexual assault to cooperation in any disciplinary investigation or to participate in any subsequent disciplinary proceedings; however, no disciplinary proceedings based upon an alleged sexual assault shall be conducted by a postsecondary institution without the participation of the victim of such alleged sexual assault.

Authored By: Sen. Jesse Stone (23rd) House Committee: Judiciary

Floor Vote:

Yeas: 102 Nays: 56

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-09-2017 Do Pass

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SB 88

'Narcotic Treatment Programs Enforcement Act'
Bill Summary: Senate Bill 88 provides for the regulation of narcotic treatment programs. The 'Narcotic Treatment Programs Enforcement Act' applies to any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration.
The Department of Community Health is authorized and directed to create all rules and regulations necessary for narcotic treatment programs. The department shall establish an information forum for potential applicants no less than 14 days prior to the start of an open enrollment period, which shall be held December 1, 2017 through December 31, 2017, to accept applications for narcotic treatment. It is mandatory for a representative of the applicant to attend the information forum. Failure to attend and comply with this record of attendance requirements shall disqualify any applicant from consideration during open enrollment. The Department of Community Health will also establish an application review process committee that consists of staff and the Department of Behavioral Health and Developmental Disabilities.
The Department of Community Health shall issue up to four licenses per region to a governing body for any narcotic treatment program which meets all the rules and regulations; however, the department shall establish a review process to determine if a waiver should be granted to allow any additional licensed narcotic treatment programs in a region. The department shall have full authority to determine the requirements for a waiver to be considered for review.
Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program. Narcotic treatment programs shall not provide temporary discounted financial incentives to a potential patient that do not conform to the schedule of fees established by the department's rules and regulations. To prevent simultaneous enrollment of a patient in more than one program, all programs shall comply with the policies and participate in the central registry operated by the Department of Behavioral Health and Developmental Disabilities.

Authored By: Sen. Jeff Mullis (53rd) House Committee: Health & Human Services

Floor Vote:

Yeas: 152 Nays: 20

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-14-2017 Do Pass by Committee Substitute

SB 104

Kidnapping, False Imprisonment and Related Offenses; human trafficking hotline model notice in government buildings; require posting
Bill Summary: SB 104 requires government buildings to post signage with the human trafficking hotline model notice and requires government entities to have a hyperlink located on their websites to the same model notice. In addition, the bill removes the sunset provision on the posting of said model notice.

Authored By: Sen. Donzella James (35th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 161 Nays: 3

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-21-2017 Do Pass
AM 29 2648

SB 106

Pain Management Clinics; health care professionals who must be on-site; revise a provision
Bill Summary: This bill relates to licensure requirements for pain management clinics. The bill states that no controlled substance shall be prescribed or dispensed in a pain management clinic. Also, no controlled substance prescription can be distributed to a patient from a pain management clinic or medical treatment or services provided to a patient, unless a physician, a physician assistant authorized, or an advanced practice registered nurse authorized to prescribe controlled substances is on-site at the pain management clinic.

Authored By: Sen. Greg Kirk (13th) House Committee: Health & Human Services

Floor Vote:

Yeas: 173 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-21-2017 Do Pass by Committee Substitute

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SB 125

Physician Assistants; authority to prescribe hydrocodone compound products; authorize a physician to delegate to a physician assistant
Bill Summary: SB 125 allows a physician to delegate to a physician assistant the ability to issue a single non-refillable prescription for hydrocodone for a maximum 5-day supply consisting of not more than 30 tablets for adults (300 milligrams) and not more than 30 tablets (100 milligrams) for individuals under the age of 18. In addition, a physician assistant who has been delegated this authority is required to complete three hours of continuing education biennially in the appropriate ordering and use of Schedule 2 controlled substances.

Authored By: Sen. Rick Jeffares (17th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 164 Nays: 10

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-22-2017 Do Pass by Committee Substitute

SB 126

State Tort Claims; venue of actions; provisions; change
Bill Summary: This bill amends the Code section relating to venue of actions by adding certain specifications. Currently, tort action against the state must be brought in the state or superior court of the county where the loss occurred; SB 126 requires tort action against the state to be brought in the state or superior court of the county where the tort that gave rise to the loss occurred. Wrongful death actions may be brought in the county where the tort giving rise to the loss occurred or the county where the decedent died. The bill affects causes of action filed on or after July 1, 2017.

Authored By: Sen. John Kennedy (18th) House Committee: Judiciary

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-16-2017 Do Pass by Committee Substitute AM 41 0270

SB 130

Right To An Attorney; waiver of the right to counsel; provisions; clarify
Bill Summary: SB 130 amends Code sections relating to the Juvenile Code, specifically relating to appealing judgments of the juvenile court and waiver of the right to counsel. This bill allows the juvenile court to modify its orders in its discretion, while still keeping intact that appeals from it are taken to the Court of Appeals or Supreme Court in the same manner as appeals from superior court and the juvenile court's orders remain intact unless superseded by the trial court, or reversed or modified by the reviewing court. Additionally, now, an appeal of an order granting a petition to terminate parental rights shall stay an adoption proceeding of the respective child involved in those proceedings.

The Code requires that a party, other than a child, be informed of his or her right to an attorney provided the notice be given before any hearing, but now for the party to waive the right to an attorney he or she must do so knowingly, voluntarily, and on the record. Currently, the court may accept an admission of guilt at arraignment, which is when the defendant is brought before the court to hear the charges and enter his or her plea, if a child is represented by counsel. If a child's liberty is not endangered at an arraignment the child may still waive the right to counsel at said arraignment, but now must make such waiver knowingly, voluntarily, and on the record. Where a child's liberty is in jeopardy and unrepresented by counsel, the court still cannot accept an admission of guilt.

This bill also 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 provides for a non-resident to allow an adoption of his or her child; makes general syntax changes to make the Code more readable; and revises and provides for new forms to help the petitioner.

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
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with the Inter-State Compact of Children, as well as provides for Georgia residents to adopt from outof-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 10 years older than the child who is the subject of the adoption in stepparent and relative adoptions.

The bill will allow 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 it 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 for whom a Georgian was only able to obtain 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. HB 159 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 non-residents may accede to the jurisdiction in Georgia in surrendering his or her rights to the child for the purposes of an adoption in Georgia.

Authored By: Sen. Blake Tillery (19th) House Committee: Judiciary

Floor Vote:

Yeas: 159 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 03-21-2017 Do Pass by Committee Substitute AM 29 2641ER

SB 133

Corporate Net Worth Tax; less than a certain amount; make such tax inapplicable to corporations
Bill Summary: Senate Bill 133 provides a credit against an entity's state tax liability for a rural investor who makes a capital investment in a rural fund. A "rural fund" is an entity certified by the Department of Community Affairs that seeks to have an investment that can be reinvested in eligible businesses. The credit is not refundable or able to be sold in the open market. Credits that are allocated to a partnership, corporation, LLC, or S-corporation can be allocated to the individual partners for their direct use.

The department shall grant or deny applications for the program within 30 days of receipt of the completed application. The department shall certify up to $100 million in capital investments in the order in which they are received. If received on the same day, the applications shall be considered as received simultaneously, and will be ordered based on the percentage derived from the ratio of the amount of capital investments requested in the given application to the total amount of capital investments requested in all applications.

The rural fund shall issue the capital investment within 60 days of the applicant receiving notice of the certification. At least 10 percent of the rural investor's capital investment must be composed of proceeds of equity investments contributed to the rural investor by its affiliates (officers, directors, members, and employees). Evidence of the receipt of the cash investment is to be provided to the department by the rural fund within 65 days of the applicant receiving the certification.

The department may recapture the claimed credit from the rural fund if: (1) 100 percent of its capital investment is not invested in eligible investments within two years, and at least 10 percent of the investment was not invested in agribusiness; (2) the rural fund fails to maintain 100 percent eligible investments of its capital investment for the next five years after the credit allowance date (eligible investments can be sold or repaid, but other funds must be reinvested to cover the difference); (3) the rural fund makes a distribution or payment that makes it not have 100 percent of the necessary investments; or (4) the rural fund makes an investment in a business that either owns interest in the rural fund or loans or invests in the rural fund. The recaptured credits and the related capital

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investment authority revert to the department and shall be reissued pro rata to the other applicants based on the previously stated ratio. Recapture shall not occur until the rural fund has been given notice of its non-compliance and six months from the date of notice to correct the non-compliance.

After the second year of the original credit allowance, the rural fund must submit a report to the department which documents the investment of 100 percent of its capital investment in eligible investments. In subsequent years, the rural fund must submit an annual report to the department within 45 days of the beginning of the year.

The bill also exempts corporations with a net worth of less than $100,000 from the corporate net worth tax.

Authored By: Sen. Larry Walker III (20th) House Committee: Ways & Means

Floor Vote:

Yeas: 168 Nays: 4

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-23-2017 Do Pass by Committee Substitute AM 37 0368

SB 137

Child Support Recovery Act; federal Deficit Reduction Act of 2005; require the obligor to pay the full fee
Bill Summary: SB 137 amends Code sections relating to child support by amending the fees payable to the Department of Human Services for the collection of child support payments.

Currently, the Code authorizes the Department of Human Services to charge a federal 'Deficit Reduction Act of 2005' fee of $25 as the annual maintenance fee for the collection of child support when the total collection amount exceeds $500; the fee is divided between the custodial parent paying $12.00 and the non-custodial parent paying $13.00 for each case. SB 137 assigns payment of the full $25.00 annual maintenance fee for each case to the non-custodial parent. The fee only applies to a non-custodial parent when the custodial parent has never received adoption assistance payments or medical assistance payments under the 'Social Security Act'. The Department of Human Services collects the fee through income withholding or any other method available to the department and it retains it to operate the program.

The bill also deletes references to "IV-D agency" and replaces it with "an entity within the Department of Human Services that is authorized to enforce a duty of support".

Authored By: Sen. Greg Kirk (13th) House Committee: Judiciary

Floor Vote:

Yeas: 159 Nays: 14

Rule Applied: Committee Action: Amendments:

Modified-Open 03-09-2017 Do Pass by Committee Substitute AM 41 0301

SB 141

Carnival Ride Safety; engineering evaluation with a carnival ride permit application; require
Bill Summary: SB 141 requires carnivals operating in the state of Georgia in 2018 to submit a onetime engineering evaluation from a licensed engineer regarding the condition of critical components when applying for a permit to operate in this state.

Authored By: Sen. Bruce Thompson (14th) House Committee: Regulated Industries

Floor Vote:

Yeas: 158 Nays: 8

Rule Applied: Committee Action: Amendments:

Modified-Open 03-14-2017 Do Pass by Committee Substitute

SB 156

Sales and Use Taxes; equalized homestead option sales and use taxes; provide certain restrictions
Bill Summary: Senate Bill 156 amends 48-8, relating to sales and use tax, by allowing for an exemption of local sales and use tax on food purchased for off-premise consumption in counties which have a Special Purpose Local Option Sales Tax (SPLOST) and an Equalized Homestead Option Sales Tax (EHOST). The bill also expands the allowable uses for SPLOST funds in connection with an EHOST to include transportation purposes, public safety facilities and related capital equipment, for the repair of capital outlay projects, and debt service purposes for which a municipality used proceeds

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from the Homestead Option Sales Tax.

The bill also amends 48-8-109.5, relating to administration, collection, and disbursement of equalized homestead option sales tax, by allowing municipalities incorporated after May 4, 2015 to receive the municipality's per capita share of the proceeds of the SPLOST.

Authored By: Sen. Fran Millar (40th) House Committee: Ways & Means

Floor Vote:

Yeas: 160 Nays: 6

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-23-2017 Do Pass by Committee Substitute

SB 180

Hospital Care for the Indigent; additional reporting requirement for rural hospitals; provide
Bill Summary: Senate Bill 180 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, which the bill limits to no more than three percent of the amount donated. Also, the definition of "rural county" is revised by raising the population limit from 35,000 to 50,000. The bill increases the amount of the tax credit from 70 to 90 percent of the donation or $5,000 per year for individuals, $10,000 per year for married couples, and 75 percent of a corporation's income tax liability, whichever is less. This bill flattens the tax credit cap at $60 million for 2017, 2018, and 2019. A taxpayer pre-approved to receive the income tax credit will receive the credit even if the rural hospital organization does not file the appropriate reports with the Department of Revenue.

Section 4 of the bill adds 48-7-29.21 which replaces the preceptor tax deduction with a tax credit. The credit is: $500 for the first through third preceptorship rotation and $1,000 for the fourth through tenth preceptorship rotation for physicians, and $375 for the first through third preceptorship rotation and $750 for the fourth through tenth preceptorship rotation for advanced practice registered nurses and physician assistants. The bill also requires an annual report detailing participation in the program to be issued by the commissioner of the Department of Revenue to the governor, the chair of the Senate Finance Committee, and the chair of the House Ways and Means Committee commencing August 1, 2018.

Authored By: Sen. Dean Burke (11th) House Committee: Ways & Means

Floor Vote:

Yeas: 174 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-21-2017 Do Pass by Committee Substitute

SB 183

State Road and Tollway Authority; definition; powers of the authority; provide
Bill Summary: SB 183 allows the State Road and Tollway Authority (SRTA) to enter into public private partnerships and issue bonds to private developers who contract to work on a state-owned project. The bill also aligns the procurement method to mirror that of the Georgia Department of Transportation.

Authored By: Sen. Brandon Beach (21st) House Committee: Transportation

Floor Vote:

Yeas: 142 Nays: 27

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-16-2017 Do Pass by Committee Substitute

SB 193

Positive Alternatives for Pregnancy and Parenting Grant Program; program mission and practice; revise
Bill Summary: SB 193 relates to the Positive Alternatives for Pregnancy and Parenting Grant Program. The purpose of the program is to develop a state-wide effort that promotes healthy pregnancies and childbirth by awarding grants to non-profit organizations that provide pregnancy support services. Nothing shall prohibit any direct client service provider from promoting or expending non-grant funds for a political or religious purpose when a grant agreement has been established with the Department of Public Health.

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Also, this bill relates to prescription drug orders and control of venereal disease to provide for an expedited partner therapy for patients with chlamydia or gonorrhea. "Expedited partner therapy" means the practice of prescribing or dispensing antibiotic drugs to the sexual partner or partners of a patient clinically diagnosed with chlamydia or gonorrhea without physical examination of the partner or partners.

Authored By: Sen. Renee Unterman (45th) House Committee: Health & Human Services

Floor Vote:

Yeas: 107 Nays: 61

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-23-2017 Do Pass by Committee Substitute

SB 211

Student Assessments;consideration of local reading programs; research based formative assessments; summative component; provide
Bill Summary: Senate Bill 211 amends Code Section 20-2-281 relating to research-based formative assessments for the first and second grades in mathematics and English-language arts/reading. This legislation amends the current Code by requiring such research-based assessments to provide real-time data; allow flexible grouping of students based on skills level; and measure study progress. This legislation also requires the State Board of Education to conduct a study comparing state content standards in grades nine through 12 to nationally recognized academic assessments such as SAT, ACT, and ACCUPLACER.

The legislation also amends the 'Move on When Ready Act' to ensure dual-enrollment students are not penalized by local school systems for taking on the challenge of collegiate coursework while still in high school. This legislation provides that no school system can exclude a dual-enrolled student from eligibility for class valedictorian or salutatorian; however, students who move into the school system after their sophomore year must take at least one course on site at their high school to be eligible for valedictorian or salutatorian.

Authored By: Sen. Lindsey Tippins (37th) House Committee: Education

Floor Vote:

Yeas: 167 Nays: 4

Rule Applied: Committee Action: Amendments:

Modified-Open 03-20-2017 Do Pass
AM 33 6988

SB 250

State Sexual Offender Registry; individual is convicted in another country; require registration
Bill Summary: SB 250 expands the group of individuals who are prohibited from loitering at any child care facility, school or where minors congregate to include those individuals who are registered, or have been convicted and failed to register, on another state's sexual offender registry.

Authored By: Sen. Jeff Mullis (53rd) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 172 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-17-2017 Do Pass by Committee Substitute AM 29 2614

SR 204 Kyle Gilbert Memorial Highway; Gwinnett County; dedicate Bill Summary: House Substitute to Senate Resolution 204:
Senate Resolution 204: Sen. Butch Miller SR 204 dedicates the portion of State Route 20 from I-985 to State Route 13 in Gwinnett County as the Kyle Gilbert Memorial Highway.
Senate Resolution 299: Sen. Donzella James SR 299 dedicates the portion of State Route 129 from Cascade Road to State Route 14 (Whitehall Street) in Fulton County as the Julian Bond Memorial Highway.
Senate Resolution 298: Sen. Donzella James SR 298 dedicates the portion of the State Route 3 Connector from State Route
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3/Northside/Metropolitan to State Route 14/154 Peters Street in Fulton County as the Samuel L. and LaTanya Jackson Highway.
Senate Resolution 240: Sen. John Wilkinson SR 240 dedicates the bridge on SR 2/US 76 located near Clayton Mountain Road running from Rabun County into Towns County as the Berrong Bridge.
Senate Resolution 243: Sen. Donzella James SR 243 dedicates the portion of Lee Street from the West End Mall to the entrance of Fort McPherson in Fulton County as the Tyler Perry Highway.
House Resolution 236: Rep. Alan Powell HR 236 dedicates the bypass in the City of Royston (SR 17/BU/Hart to SR 17/BU/Franklin) in Franklin and Hart Counties as the Tyrus Raymond "Ty" Cobb Parkway.
House Resolution 237: Rep. Alan Powell HR 237 dedicates the portion of State Highway 17 from the southern city limit of Canon to the northern city limit of Canon in Franklin County as the Deputy Cruz Thomas Memorial Highway.
House Resolution 465: Rep. Jason Spencer HR 465 dedicates the intersection of State Route 4/US 1 South at South Point Mall and the Waycross Market Place entrances in Ware County as the Lynn Taylor Crossing.
House Resolution 466: Rep. Jason Spencer HR 466 dedicates the portion of State Route Spur (E. 10th Street) from SR 25/US 17 to Cypress Drive in Camden County as the Annie Lou Glover Boulevard.
House Resolution 467: Rep. Patty Bentley HR 467 dedicates the bridge over Whitewater Creek, southwest of the City of Butler on SR 137 in Taylor County, as the E. A. Welch, Jr., Memorial Bridge.
House Resolution 485: Rep. Amy Carter HR 485 dedicates the portion of US Highway 84 Bypass from Thomas County Central High School to Thomas County Middle School in Thomas County as the Frank "Poppa D." Delaney, Jr., Parkway.
House Resolution 512: Rep. Mack Jackson HR 512 dedicates the portion of Highway 15 from the Hancock County line to the Appling County line through Washington, Johnson, Treutlen, Montgomery, and Toombs counties as the Traditions Highway.
House Resolution 526: Rep. Mack Jackson HR 526 dedicates the portion of Highway 272 from Highway 24 (Fall Line Freeway) to Highway 68 in Washington County as the Gordy Memorial Highway.
House Resolution 609: Rep. Tom McCall HR 609 dedicates the bridge on Highway 72 over the Broad River at the Elbert/Madison County line as the William A. Kelly Memorial Bridge.
House Resolution 628: Rep. Matt Hatchett HR 628 dedicates the intersection of the U.S. 441 Bypass and Claxton Dairy Road in Laurens County as the Dr. O.B. Johnson, Jr., Major, U.S. Army Memorial Intersection.
House Resolution 635: Rep. Butch Parrish HR 635 dedicates the portion of U.S. Highway 1 beginning at the Georgia and South Carolina state line in Richmond County through Jefferson, Emanuel, Toombs, Appling, Bacon, and Ware counties to the Florida state line in Charlton County as the Georgia Grown Trail: 1 (U.S. Highway 1).
House Resolution 685: Rep. Allen Peake
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HR 685 dedicates the portion of Georgia Highway 19/41 from Montpelier Road to Shi Road in Monroe County as the James "Jim" V. Ham Memorial Highway.

House Resolution 463: Rep. Tommy Benton HR 463 dedicates the intersection of Highway 15A and Highway 335 in Jackson County as the Annie Mae Maddox Memorial Intersection.

House Resolution 659: Rep. Wayne Howard HR 659 dedicates the portion of Highway 25 between Lumpkin Road and I-520 in Richmond County as the Bernard F. Miles Memorial Highway.

Authored By: Sen. Butch Miller (49th) House Committee: Transportation

Floor Vote: Floor Action:

Yeas: 174 Nays: 0 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-23-2017 Do Pass by Committee Substitute AM 39 0201; AM 39 0197

Postponed Until Next Legislative Day

SB 2

"The FAST Act - Fairness, Accountability, Simplification, and Transparency - Empowering Our Small Businesses to Succeed"

Bill Summary: SB 2, the 'Fairness, Accountability, Simplification, and Transparency: Empowering Our Small Businesses to Succeed Act' ('FAST Act'), amends Code Sections 36-60, 43-1, 48-5, and 50. It modifies the imposition of regulations on businesses and professions at both the state and local levels. It also provides for timelines for permits and licenses, along with reduced fees when those deadlines aren't met.

Each county or city that imposes regulatory fees or requirements shall establish a schedule for the fees and requirements, including a timeline for processing a completed application. Upon receipt of an application, a county or city shall require the applicant to pay only 50 percent of the regulatory fees due. If the county or city doesn't meet an established deadline for processing a completed application, the fees will be reduced by 10 percent for each 10 business days the county or city doesn't meet the established deadline. This fee reduction isn't subject to anything outside of the control of the county or city.

An expedited licensing and permitting process shall also be established by the counties or cities imposing regulatory requirements. The county or city is authorized to charge an additional fee not to exceed two times the regulatory fee if the applicant is requesting an expedited process.

Each county or city shall also annually review its activities that require the collection of personal information and determine whether that information can be shared or acquired from other agencies of the government.

Professional licensing boards will also establish provisions for the issuance of transferred licenses to those whose domicile is located within the state and have been licensed by another state. The criteria for licensing in the other state must meet or exceed qualifications for licensing in this state as determined by the board. A transferred license won't be issued if the comparable license is suspended or revoked.

State agencies that impose regulatory fees or requirements shall also establish a schedule of fees and requirements, including a timeline for processing completed applications. If the agency fails to meet the established deadline, the fee shall be reduced by 10 percent for each 10 business days the agency fails to meet the deadline. This fee reduction isn't subject to anything outside of the control of the state agency.

The same state agencies shall also establish an expedited licensing and permitting process with the same above-mentioned rules. The agencies shall also annually review its activities and determine

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whether that information can be shared or acquired from other government agencies.

Nothing in the state agencies code section of this bill shall apply to regulatory requirements under the authority of the office of the Secretary State, the licensing and permitting duties of the Environmental Protection Division under Title 12, Title 43, or Chapter 5 of Title 10.

The bill also states agencies have at least 30 days' notice of its intent to modify its rules and also states that they will have to attach an economic impact analysis to the notice.

Authored By: Sen. Mike Dugan (30th)

Rule Applied: Modified-Structured

SB 134

"Save, Earn, Win Act"
Bill Summary: SB 134 creates the "Save, Earn, Win Act" to allow banks and credit unions (financial institutions) to offer savings promotion raffle accounts. Under this legislation a financial institution may conduct a savings promotion raffle, which is a contest where the participant or depositor deposits a specified amount of money into a savings account or other savings program offered by the financial institution where each entry or ticket will have an equal chance of being drawn to win a specified prize.

The financial institution must conduct the raffle in a manner that is safe and sound and not misleading as to chances of winning, as well as provide all depositors with information on the terms of the raffle and the verifiable retail value of each prize that a depositor has a chance of receiving including the odds of receiving a prize and information regarding any fees or penalties associated with such an account. The financial institution conducting such raffles must also maintain all records the Department of Banking and Finance determines are necessary to conduct an examination or audit of these raffles, and may contract third party service providers to handle the administrative details of these raffles. Additionally, the bill exempts savings promotion raffles from the definition of "lottery".

Authored By: Sen. David Shafer (48th)

Rule Applied: Modified-Open

Local Calendar
HB 619 Pavo, City of; provide new charter Bill Summary: This bill provides a new charter for the City of Pavo.

Authored By: Rep. Amy Carter (175th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

03-27-2017 Do Pass

HB 621 Chamblee, City of; levy an excise tax
Bill Summary: This bill authorizes the governing authority of the City of Chamblee to levy an excise tax.

Authored By: Rep. Tom Taylor (79th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

03-27-2017 Do Pass

SB 190

Juvenile Court of Newton County; intake services; transfer to Georgia Department of Juvenile Justice pursuant to code section 15-11-69 of the OCGA
Bill Summary: This bill transfers the intake services of the Juvenile Court of Newton County to the Georgia Department of Juvenile Justice. The transfer of intake services shall be subject to the availability of state funds for that purpose. Upon the transfer, two intake officers of the Juvenile Court of Newton County shall become employees of the department.

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Authored By: Sen. Rick Jeffares (17th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

03-27-2017 Do Pass by Committee Substitute

SB 271 City of Trenton; governing authority to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A; authorize
Bill Summary: This bill authorizes the city of Trenton to levy an excise tax.

Authored By: Sen. Jeff Mullis (53rd)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

03-27-2017 Do Pass

SB 273 Board of Ethics of DeKalb County; jurisdiction and manner of appointment; change
Bill Summary: This bill changes the jurisdiction and the manner of appointment of the Board of Ethics of DeKalb County.

Authored By: Sen. Elena Parent (42nd)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 160 Nays: 1

Rule Applied: Committee Action: Amendments:

03-28-2017 Do Pass by Committee Substitute

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Daily Report for March 28, 2017

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

Intragovernmental Coordination - Local Committee
SB 273 Board of Ethics of DeKalb County; jurisdiction and manner of appointment; change
Bill Summary: This bill changes the jurisdiction and the manner of appointment of the Board of Ethics of DeKalb County.

Authored By: Sen. Elena Parent (42nd) House Committee: Intragovernmental Coordination -
Local

Committee Action:

03-28-2017 Do Pass by Committee Substitute

Committee Meeting Schedule
This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule, please visit www.house.ga.gov and click on Meetings Calendar.
Wednesday, March 29, 2017 10:30 AM JOINT HOUSE AND SENATE EDUCATION - 606 CLOB

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Daily Report for March 28, 2017

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