Daily report [Mar. 3, 2017]

DAILY REPORT Friday
March 3, 2017

28th Legislative
Day

House Budget & Research Office (404) 656-5050

House Media Services (404) 656-0305

The House will reconvene for its 29th Legislative Day on Monday, March 6 at 1:00 p.m. Rules Committee will meet on Monday, March 6 at 12:30p.m.

Today on the Floor

Rules Calendar
HB 15 Courts; certain civil pleadings to be filed electronically; require
Bill Summary: This bill amends pleading filing requirements to allow or require electronic filing. In criminal cases, any superior court may permit electronic filing of pleadings, related documents, and payments with the consent of the district attorney, by court rule or standing order. In civil cases, on or after January 1, 2018, all pleadings and any other related document filed by an attorney in a state/superior court shall be filed electronically through the court's electronic filing service provider.

The court's electronic filing service provider may charge a transaction fee that shall not exceed $7 per transaction, regardless of how many parties shall be served, and a credit card service fee that shall not exceed 3.5 percent plus $0.30 per transaction. The term "per transaction" means a single upload to a court's electronic filing service provider for filing a pleading or document within an individual case, or multiple pleadings or documents within an individual case so long as they are filed concurrently.

The electronic attorney filing requirements and payment of fees for such services shall not apply to filings: in connection with a pauper's affidavit, pleadings or documents filed under seal or presented to a court in camera or ex parte, or pleadings or documents to which access is otherwise restricted by law or court order, or made in a court located where the governor has declared a state of emergency. For an attorney or attorney's designee who physically files at the courthouse only the credit card service fee shall apply and not the per transaction fee; however, the clerk may require such pleadings or documents be submitted via a public access terminal in the clerk's office.

The Council of Superior Court Clerks of Georgia shall make and publish in print or electronically such policies and procedures as it deems necessary to carry out these e-filing provisions. By court rule or standing order, any state/superior court may allow, but shall not require, the filing of pleadings and related documents in civil actions by individuals who are not attorneys and any other document related thereto, and for the acceptance or remittance of payments by electronic means. Any pleading or document filed electronically shall be deemed filed at the time of receipt by the electronic filing service provider. Lastly, this bill states that court filings are not a public record until physically accepted by the clerk.

Authored By: Rep. Wendell Willard (51st) House Committee: Judiciary

Floor Vote:

Yeas: 168 Nays: 5

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-22-2017 Do Pass by Committee Substitute

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Today on the Floor

HB 50

Livestock; liability protection for certain activities; provide
Bill Summary: HB 50 amends Title 4, relating to inherent risks associated with equine and llama activities, by expanding such liability protections to include activities involving "livestock." Livestock is defined as swine, cattle, sheep, and goats. Currently, a "livestock activity sponsor," any entity that sponsors, organizes, or provides facilities for a "livestock activity," which is any event in which participants engage in the care or maintenance of livestock such as grazing, herding, and feeding; are not liable for an injury to or the death of a participant resulting from the inherent risks of such animal activities, so long as such participants are not charged a fee for their participation, unless such fees charged are used exclusively for educational, scholarship, or training purposes for participants who are 23 years of age or younger; the care and maintenance of the equipment, tack, or livestock in use during such participation; or for facility overhead costs.

In order to invoke such immunity, the livestock activity entity must provide a warning statement notifying the participant that the entity is not liable for such injuries or death resulting from the inherent risks of the activity in the form of a sign placed on the premises as well as placing such a warning in every contract between the entity and participant. The limits on liability for livestock, equine, and llama activities do not apply to liability under product liability law. Nothing in this Code section or any other state law recognizing the inherent risks of these animal activities may serve as the basis for liability on any person who encourages, promotes, or instructs others in animal activities.

Authored By: Rep. Clay Pirkle (155th) House Committee: Judiciary

Floor Vote:

Yeas: 164 Nays: 3

Rule Applied: Committee Action: Amendments:

Modified-Open 02-28-2017 Do Pass by Committee Substitute

HB 59

Revenue and taxation; tax credits for rehabilitation of historic structures; revise procedures, conditions, and limitations
Bill Summary: House Bill 59 amends 48-7-29.8, relating to tax credits for the rehabilitation of historic structures, by increasing the credit cap to $50 million per calendar year for projects earning more than $500,000 in credits and allowing unused funds to roll forward to the next year. The bill also replaces "taxpayer" with "applicant" throughout the bill. The Department of Community Affairs is assigned the responsibility of processing the applications for this credit. The bill also states that the applicant is allowed the credit at the time the rehabilitation is completed and allows an applicant who is party to a fully executed written agreement for the purchase of property or a lease having a term of more than 40 years to submit the tax credit application. The bill removes the restriction of multiple sales or assignments of the credits. On January 1, 2028 the version of the section that existed prior to January 1, 2016 will go back into effect.

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

Floor Vote:

Yeas: 139 Nays: 27

Rule Applied: Committee Action: Amendments:

Structured 02-27-2017 Do Pass by Committee Substitute

HB 67

Crimes and offenses; entering a motor vehicle with the intent to commit a theft or felony; provide for increased punishment
Bill Summary: HB 67 adds a new tier relating to the theft of a motor vehicle by adding hijacking a motor vehicle in the second degree. A person commits the offense of hijacking a motor vehicle in the second degree when the offender steals a motor vehicle in the presence of the victim without using force. The punishment is in line with burglary, where the punishment for the first offense of hijacking in the second degree is imprisonment of not less than one and no more than 20 years with a fine not to exceed $5,000. For the second offense, the punishment is imprisonment of not less than three and no more than 20 years with a fine not to exceed $5,000. For the third or subsequent offenses, the punishment is imprisonment for not less than five and no more than 20 years with a fine not to exceed $5,000.

Authored By: Rep. William Boddie (62nd) House Committee: Judiciary Non-Civil

Rule Applied: Modified-Structured

Committee

02-22-2017 Do Pass by Committee

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Today on the Floor

Floor Vote:

Yeas: 151 Nays: 18

Action:

Substitute

Amendments:

HB 71

Insurance; consumer protections regarding health insurance; provisions
Bill Summary: House Bill 71 provides consumer protections regarding health insurance. Health care providers must disclose to patients, in writing or through a website, the health benefit plans in which they are a participating provider and the hospitals with which the provider is affiliated. HB 71 does not apply to emergency services; health care providers must disclose this information prior to the provision of non-emergency services and verbally at the time an appointment is scheduled. If the healthcare provider is out-of-network, then they shall inform the patient of an estimated amount that the health care provider will bill the patient upon request.
A health care provider who is a physician shall provide contact information for any health care provider that is scheduled to perform services such as anesthesiology, laboratory, pathology, radiology, or assistant surgeon services when care is provided in the physician's office. For a patient's scheduled hospital admission or scheduled outpatient service, the physician shall provide the patient and hospital with contact information for any other physician who will provide service arranged by the physician during the hospital stay or outpatient service.
A hospital shall keep an updated list of standard charges for items and services provided by the hospital, including diagnosis-related groups established under the 'Social Security Act'. They shall also post online information about the health benefit plans in which the hospital is a participating provider, a statement that physicians who are out-of-network may provide services in the hospital, and that the patient should check with the physician to determine the health benefit plans in which the physician participates. The hospital shall provide contact information for contracted physician groups and physicians who may provide services at the hospital. Hospitals shall also provide such information to patients during registration or in admission materials provided in advance of nonemergency hospital services.
On and after January 1, 2018, it shall be a credentialing requirement that doctors who provide services at a hospital must participate in the hospital's benefit plans. A hospital has the power to contract for network participation of its providers if the health care providers are responsible for negotiating all other terms. Negotiations must be conducted in good faith. The obligation to conduct negotiation in good faith is enforceable by the Department of Community Health (DCH) and its commissioner.
An insurer shall provide an enrollee with information that an enrollee can get referred to a health care provider out-of-network when the insurer does not have an in-network provider that is accessible to the enrollee, as well as how the enrollee can obtain such a referral. An insurer shall also provide notice that the enrollee has direct access to primary and preventive pregnancy services from a provider of her choice. An insurer shall provide all contact information to be used by enrollees seeking information from an annually updated list of all contact information for participating providers. This information shall also be posted on the insurer's website. Where applicable, an insurer shall provide a description of the method by which enrollees can submit a claim for their health care service. With respect to out of network coverage, a clear description of the methodology used to determine out of network reimbursement, the amount that the insurer will reimburse, and examples of anticipated out of network costs must be provided. Information must also be provided in writing and online so that the enrollee can estimate anticipated out-of-pocket costs. Written application procedures and minimum qualification requirements for health care providers must be provided.
An insurer shall disclose whether a health care provider scheduled to provide service is in-network and the approximate dollar amount that the insurer will pay for out-of-network care. Insurers shall inform an enrollee that this approximate amount is not binding and may change.
An out-of-network referral denial is a denial of a request on the basis that the health plan benefit has a health care provider in the network. When a denial occurs, the notice of denial shall have information explaining how to appeal the denial.

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An insurer shall provide information for how an enrollee may submit a claim for services by providing a description of the methodology used by the insurer to determine reimbursement for out of network health care services and the amount that the insurer will reimburse. They shall provide information that allows the enrollee to anticipate out-of-pocket costs. An insurer shall disclose whether a health care provider is an in-network provider and disclose the approximate dollar amount that the insurer will pay for out-of-network service. The insurer shall inform the enrollee that the approximation is not binding and that the dollar amount the insurer will pay for out-of-network service may change.

Authored By: Rep. Richard Smith (134th) House Committee: Insurance

Floor Vote:

Tabled

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-17-2017 Do Pass by Committee Substitute

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: Rep. Scot Turner (21st) House Committee: Judiciary

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-09-2017 Do Pass

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: $10 per statement filed up to 30 days late not to exceed $50,000; $20 per statement filed between 31 and 210 days late not to exceed $100,000; and $50 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: Rep. Spencer Frye (118th) House Committee: Ways & Means

Floor Vote:

Yeas: 100 Nays: 64

Rule Applied: Committee Action: Amendments:

Structured 02-09-2017 Do Pass by Committee Substitute

HB 149

Law enforcement; comprehensive regulation of trauma scene cleanup services; provisions
Bill Summary: House Bill 149 provides statute to regulate trauma scene cleanup services. The Georgia Bureau of Investigation will be responsible for registering trauma scene waste management practitioners. The registration is valid for three years and may be renewed for additional three-year periods. The initial registration fee is $275 and $275 upon renewal. The bureau will maintain a current list of all registered trauma scene waste management practitioners on their website. Each practitioner, before being registered, must submit to a fingerprint-based background check and every three years following the initial background check. No person convicted of a felony is eligible for registration. Each practitioner must be bonded in the amount of $100,000. An additional requirement is to have liability insurance. The director of the bureau is authorized to issue temporary registrations in the event of a declared public emergency or a state of emergency. Such registrations would terminate no later than 90 days from issuance. This legislation does not prevent a private property

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owner from cleaning up a scene on their property themselves.

Authored By: Rep. Alan Powell (32nd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 139 Nays: 19

Amendments:

Modified-Structured 02-13-2017 Do Pass by Committee Substitute AM 41 0232

HB 155

Georgia Musical Investment Act; enact
Bill Summary: House Bill 155 adds 48-7-40.32, the 'Georgia Musical Investment Act.' The act provides for an income tax credit of 15 percent of qualified production expenditures for: musical or theatrical performances exceeding $500,000; a recorded musical performance, which is incorporated into or synchronized with a movie, television, or interactive entertainment production, exceeding $250,000; and for other recorded musical performances exceeding $100,000. An additional 10 percent credit is allowed for expenses incurred in Tier 1 and Tier 2 counties. The Department of Economic Development is tasked with developing an annual report detailing the marketing opportunities it has approved as qualified Georgia promotions. If the amount of the credit exceeds the production company's income tax liability, the production company may utilize the tax credits against payroll taxes. Any unused credits are allowed to be carried forward for up to five years. For 2018, the credit is capped at $5 million, for 2019 the credit is capped at $10 million, and for 2020 through 2024 the credit is capped at $15 million. The tax credit sunsets on January 1, 2024.

Authored By: Rep. Amy Carter (175th) House Committee: Ways & Means

Floor Vote:

Yeas: 157 Nays: 11

Rule Applied: Committee Action: Amendments:

Structured 02-27-2017 Do Pass by Committee Substitute

HB 181

Revenue and taxation; furnishing of certain tax information in all municipalities having a population of 350,000 or more; change certain provisions
Bill Summary: House Bill 181 amends 48-2-15, relating to confidential information secured in the administration of taxes, by allowing counties and municipalities to request information included on the vendor's sales tax certificate for all vendors that have filed a report for a designated period from the commissioner of the Department of Revenue. Any information furnished by the commissioner is to remain privileged and confidential in nature. The finance officer or taxing official of a county or municipality is not authorized to contact in any manner any taxpayer identified in such information. If the finance officer or taxing official finds any discrepancies, anomalies, or other issues relating to the data received, they must notify the commissioner of their findings. The information disclosed may only be shared with members of the governing authority of the county or municipality when the members of the governing authority are in executive session.

Authored By: Rep. Jodi Lott (122nd) House Committee: Ways & Means

Floor Vote:

Yeas: 161 Nays: 1

Rule Applied: Committee Action: Amendments:

Structured 02-27-2017 Do Pass by Committee Substitute

HB 189

Contract Cancellation Act; enact
Bill Summary: House Bill 189 provides that any contract the state of Georgia enters into shall include language that allows the state to cancel the contract on the basis of quality, price, or other measures.

Authored By: Rep. Sheila Nelson (125th) House Committee: Governmental Affairs

Floor Vote:

Yeas: 156 Nays: 13

Rule Applied: Committee Action: Amendments:

Modified-Open 03-01-2017 Do Pass

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HB 192

Banks, trust companies, and corporations; responsibilities and standard of care of directors and officers; change provisions
Bill Summary: HB 192 amends sections relating to management of bank and trust companies and directors and officers of corporations, specifically shielding directors and officers from personal liability brought about by ordinary negligence in carrying out their duties as directors and officers often referred to as the "business judgment rule." The bill defines "gross negligence" as a gross deviation of the standard of care of a director or officer in a like position under similar circumstances. Under the bill directors and officers are still required to discharge their duties in good faith and with that the degree of diligence, care, and skill which an ordinarily prudent men person would exercise. Now, there will also be a presumption that the process directors and officers followed in arriving at their decisions was done in good faith and that such directors and officers have exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process constitutes gross negligence by being a gross deviation of the standard of care of a director or officer in a like position under similar circumstances.

As such, a director or an officer shall not be liable to the corporation, its shareholders or certain other parties, for any action or failure to take action if the director's action or failure does not constitute gross negligence. A director or officer is entitled to rely upon properly delegated individuals whom the director or officer reasonably believes to be reliable and competent in performing the delegated responsibilities and the information or data produced by such individuals. This bill will not alter the burden of proving the fact or lack of fairness otherwise applicable, of liability of a director involving an unlawful distribution or a conflicting interest transaction, as well not deprive a director of the protection of the business judgment rule.

Authored By: Rep. Beth Beskin (54th) House Committee: Judiciary

Floor Vote:

Yeas: 128 Nays: 40

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass by Committee Substitute

HB 196

Income tax; exemption for royalties paid to musical artists; provide
Bill Summary: House Bill 196 amends 48-7-27, relating to the computation of taxable net income, by allowing for an exemption on income paid during their lifetime to musicians, composers, or performers for the licensing or other authorized use or reproduction of their musical compositions. The exemption sunsets on December 31, 2022.

Authored By: Rep. Matt Dollar (45th) House Committee: Ways & Means

Floor Vote:

Yeas: 97 Nays: 65

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2017 Do Pass by Committee Substitute AM 34 0753

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 with at least 16-point Helvetica font that "this is not a bill or official government document. This is a solicitation."

Authored By: Rep. Sam Teasley (37th) House Committee: Judiciary

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-09-2017 Do Pass

HB 209

Ad valorem tax; certain disabled veterans shall be issued refunds of certain taxes paid during certain periods of time; provide
Bill Summary: House Bill 209 amends 48-5-48, relating to homestead exemption by qualified disabled veterans, by allowing disabled veterans who receive a final determination of disability from the United States Department of Veterans Affairs containing a retroactive period of eligibility, or their

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surviving spouse or minor children, to receive a refund of up to three years of ad valorem taxes paid during the retroactive period.

Authored By: Rep. Lee Hawkins (27th) House Committee: Ways & Means

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-27-2017 Do Pass by Committee Substitute

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. The bill allows for the designation of co-agents 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 not be entitled to reimbursement of expenses or 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

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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. 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; 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.

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 abuse, neglect, and exploitation.

Authored By: Rep. Chuck Efstration (104th) House Committee: Judiciary

Floor Vote:

Yeas: 170 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2017 Do Pass by Committee Substitute

HB 225

Ride share networks; licensing and sales tax exemption; repeal inoperable provisions
Bill Summary: House Bill 225 adds that every person who facilitates or brokers and accepts payment for sales of taxable tangible personal property or services delivered to or held for pickup at a location within this state, even if that person that does not otherwise have a taxable presence in Georgia, shall have a taxable presence if they facilitate, broker and accept payment for the sale of goods or services of over an aggregate annual amount of $250,000 that are subject to sales tax in the current or previous year.

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

Floor Vote:

Yeas: 106 Nays: 60

Rule Applied: Committee Action: Amendments:

Structured 02-28-2017 Do Pass by Committee Substitute

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

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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 counter.

Authored By: Rep. Kevin Tanner (9th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 167 Nays: 1

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-27-2017 Do Pass by Committee Substitute AM 29 2594

HB 251

Emergency management; personnel go on private property as necessary to perform duties during a state of emergency; authorize
Bill Summary: House Bill 251 allows Department of Corrections' personnel and individuals in their custody to enter upon private property during a declared state of emergency or disaster to the extent necessary for property protection, debris removal, restoration of services, and infrastructure repair and relocation. These persons must avoid interfering with the rights of property owners and must vacate the property upon request of the owner.

Authored By: Rep. Darrel Ealum (153rd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 156 Nays: 5

Amendments:

Modified-Structured 02-27-2017 Do Pass by Committee Substitute

HB 253

Special license plates; dog and cat reproductive sterilization support program; increase the proportion of moneys derived from the sale
Bill Summary: House Bill 253 clarifies that funds raised by the sale of the special license plate for the dog and cat reproductive sterilization support program of the Department of Agriculture (DOA) shall be disbursed to the DOA and deposited in a special fund for support of the dog and cat reproductive sterilization support program and not to the general fund of the state.

Authored By: Rep. Wendell Willard (51st) House Committee: Motor Vehicles

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-21-2017 Do Pass

HB 258

Crimes and offenses; sentencing for persons who knowingly commit aggravated assault upon a peace officer; provisions
Bill Summary: HB 258 amends the Code regarding the aggravated assault of a peace officer by increasing the minimum sentence to ten years of imprisonment. If the aggravated assault of a peace officer involves the discharge of a firearm, none of the mandatory minimum sentence can be probated, stayed, suspended, deferred or withheld. Moreover, HB 258 amends the Code for resisting a law enforcement officer by increasing the punishment for second and subsequent convictions. For a second such offense, the punishment is increased to not less than two but no more than 10 years of incarceration. Upon the third or subsequent conviction, the punishment is increased to not less than three but no more than 15 years of incarceration.

Authored By: Rep. Alan Powell (32nd) House Committee: Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-27-2017 Do Pass by Committee Substitute

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Floor Vote:

Yeas: 120 Nays: 51

Amendments:

HB 261

Penal institutions; certain individuals sentenced between March 18, 1968 and October 31, 1982; allow to petition court for first offender status
Bill Summary: HB 261 corrects the Code regarding individuals sentenced prior to 1982 who can petition the court, with the consent of the prosecuting attorney, to have their criminal record exonerated and discharged so long as said individual would have otherwise been eligible for first offender status at the time of their sentencing.

Authored By: Rep. William Werkheiser (157th) House Committee: Judiciary Non-Civil

Floor Vote:

Yeas: 173 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-27-2017 Do Pass by Committee Substitute

HB 271

Water resources; shore protection; revise various provisions
Bill Summary: House Bill 271 replaces the current criteria for determining the landward boundary jurisdiction of the '1979 Shore Protection Act' (SPA) from 20-foot or taller trees and/or a pre-1979 habitable structure to the following for private property: a line 25 feet landward from the ordinary high water mark; a line 25 feet landward from the landward most toe of the most landward sand dunes; and a line 25 feet landward from the crest of a visible and function shoreline or stabilization structure. For state-owned properties, the following applies: a line 100 feet landward from the ordinary high water mark; a line 25 feet landward from the landward most toe of the most landward sand dunes; and a line 25 feet landward from the crest of a visible and function shoreline or stabilization structure. The bill further provides for a "minor activity category" for small alterations to be made to property within the SPA jurisdiction. Finally, HB 271 allows current or new property owners to request a transfer of a SPA permit.

Authored By: Rep. Jesse Petrea (166th) House Committee: Natural Resources & Environment

Floor Vote:

Yeas: 174 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2017 Do Pass by Committee Substitute

HB 273

Quality Basic Education Act; daily recess for students in kindergarten and grades one through five; provide
Bill Summary: House Bill 273 amends O.C.G.A. 20-2-323 to require local boards of education to provide recess, an average of 30 minutes, for kindergarten and grades one through five beginning in the 2017-2018 school year.

Authored By: Rep. Demetrius Douglas (78th) House Committee: Education

Floor Vote:

Yeas: 147 Nays: 17

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass by Committee Substitute

HB 280

Firearms; license holders; carrying and possession of certain weapons in certain buildings or real property owned or leased to public institutions of postsecondary education; authorize
Bill Summary: HB 280, regarding carrying weapons within a school safety zone, allows licensed holders to keep their weapon on their person while in or on any building or real property owned by or leased to any technical school, vocational school, college, university, or other institution of postsecondary education. This exception does not apply to buildings or property used for athletic events or student housing, which includes sorority and fraternity houses. The exception also excludes preschool space that is advertised on site that such preschool is designated for operations licensed or regulated under the Department of Early Learning. The division does not apply if the campus has more than three buildings designated as housing preschool space. This provision would only apply to the concealed carrying of handguns so as not to actively get the attention of others.

Authored By: Rep. Mandi Ballinger (23rd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee

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House of Representatives

Daily Report for March 3, 2017

Today on the Floor

Floor Vote:

Yeas: 108 Nays: 63

Action:

Substitute

Amendments:

HB 285

Ad valorem tax; criteria used by tax assessors to determine fair market value of real property; revise
Bill Summary: House Bill 285 amends 48-5-2, relating to definitions for ad valorem taxation, by revising the criteria used to determine the fair market value of property. The bill states that federal low-income housing properties may only be compared to other federal low-income housing properties for the purpose of determining fair market value. When using the sales comparison approach to value property subject to rent restrictions, any income tax credits attributed to the property may be considered in determining the fair market value if comparable sales of property used for valuation had, at the time of the comparable sale, unused tax credits that were sold. When using the income approach to valuing property, any credits that are attributable to the property may be considered provided that such credits generate actual income to the owner.

Authored By: Rep. David Knight (130th) House Committee: Ways & Means

Floor Vote:

Yeas: 168 Nays: 2

Rule Applied: Committee Action: Amendments:

Structured 02-27-2017 Do Pass by Committee Substitute

HB 292

Firearms; laws relating to the carrying of weapons and safety; revise and clarify
Bill Summary: House Bill 292 amends Title 16 of Georgia Code. The bill includes several "housekeeping" provisions in the statute relating to firearms and the carry and possession of firearms. 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 that 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 information on their principal website 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. 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. An additional provision is the establishment of an appeals process for those who have been involuntarily hospitalized for relief of mental illness. The statute provides for a hearing of: the evidence concerning the circumstances of hospitalization; the person's mental health and criminal history, if any; the person's reputation as described by character witnesses; and changes in the person's condition or circumstances since hospitalization. Should the court find that the person is not likely to act in a manner dangerous to himself or public safety, relief may be granted and a license granted. 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. The bill also provides that no state be required to give effect or recognize a license given to any person under the age of 21.

Authored By: Rep. Rick Jasperse (11th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee

Action:

Floor Vote:

Yeas: 127 Nays: 48

Amendments:

Modified-Structured 02-27-2017 Do Pass by Committee Substitute

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HB 309 State liability; activities of organized militia engaged in training or duty; provide exception
Bill Summary: This bill exempts the state from liability from activities of the organized militia when engaged in state or federal training or duty. This exception does not apply to vehicular accidents.

Authored By: Rep. Timothy Barr (103rd) House Committee: Defense & Veterans Affairs

Floor Vote:

Yeas: 168 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2017 Do Pass by Committee Substitute

HB 320

Motor vehicles; installation or reinstallation of object in lieu of air bag; change provisions
Bill Summary: House Bill 320 amends Title 16 relating to motor vehicle sales and transfers as it relates to the installation or reinstallation of object in lieu of or other than an air bag. The bill defines "air bag", "counterfeit supplemental restraint system component", and "supplemental restraint system". The law prohibits a person knowingly and intentionally importing, manufacturing, selling, offering for sale, installing, or reinstalling a counterfeit system or air bag that has previously been deployed, damaged, has an electric fault detected by the vehicle's diagnostic system, includes a part that appears to indicate proper functioning when it is not properly functioning, or that violates Unites States Code regarding these practices. The bill further prohibits a person from knowingly and intentionally selling or trading a vehicle if they know that an object has been installed which doesn't meet federal standards for that make, model and year; if any device causes the vehicle's diagnostic system to inaccurately indicate that the air bag is properly functioning; or if a person knows that the vehicle has a counterfeit supplemental restraint system installed that has previously been deployed, damaged, has an electric fault detected by the vehicle's diagnostic system, includes a part that appears to indicate proper functioning when it is not properly functioning, or that violates Unites States Code regarding these practices.

Authored By: Rep. Bill Hitchens (161st)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 162 Nays: 0

Amendments:

Modified-Structured 02-27-2017 Do Pass by Committee Substitute

HB 325

Ad valorem tax; property; change a definition
Bill Summary: House Bill 325 amends 48-5-2, relating to definitions concerning ad valorem taxation of property, by mandating that the income approach be used to determine fair market value of income-producing property if data is available and if the property owner provides actual income and expense data that information must be considered in the determination.

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

Floor Vote:

Yeas: 169 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-23-2017 Do Pass by Committee Substitute

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 removing the current state/local fund distribution model and replacing it with the following system:

Beginning with the 2018 tax year and going through the 2021 tax year, each county shall retain an amount of the state and local title ad valorem tax proceeds equal to the amount of ad valorem taxes collected for the corresponding month in the 2012 tax year minus the amount of ad valorem tax collected during the current month. The excess portion of state and local TAVT proceeds each month shall be distributed as follows: 2018 - 80 percent shall be remitted to the state and 20 percent shall be distributed by the locals; 2019 - 70 percent shall be remitted to the state and 30 percent shall be distributed by the locals; 2020 - 60 percent shall be remitted to the state and 40 percent shall be distributed by the locals; 2021 - 50 percent shall be remitted to the state and 50 percent shall be distributed by the locals, and for 2022 and beyond, 30 percent shall be remitted to the state and 70 percent shall be distributed by the locals.
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The bill also states that the taxable value of vehicles sold is to be the greater of the retail selling price or the average of the current fair market value and the current wholesale value 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 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 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) House Committee: Ways & Means

Floor Vote:

Yeas: 166 Nays: 3

Rule Applied: Committee Action: Amendments:

Structured 02-27-2017 Do Pass by Committee Substitute

HB 342

Enterprise zones; certain urban redevelopment zones; provide designation
Bill Summary: House Bill 342 amends Chapter 88 of Title 36, relating to enterprise zones, by allowing for a sales and use tax exemption for an urban redevelopment area that has been chronically underdeveloped for 20 years or more and contains a redevelopment project having a minimum $400 million projected capital investment. Within the enterprise zone, an amount equal to the sales and use taxes exempted may be collected and pledged for securing revenue bonds for development or infrastructure projects within the zone.

Authored By: Rep. Chuck Efstration (104th) House Committee: Ways & Means

Floor Vote:

Yeas: 149 Nays: 19

Rule Applied: Committee Action: Amendments:

Structured 02-27-2017 Do Pass by Committee Substitute

HB 353

Pawnbrokers; fixed term pawn transactions for loans involving the pledge of a motor vehicle as security; provide
Bill Summary: HB 353 allows for title pawnbrokers to offer the product of a fixed-term pawn transaction with an end date not to exceed 24 months. Any payment made to the pawnbroker must go to both the principal and the interest with the interest charged going forward being on the reduced principal. Moreover, the bill prohibits the title pawnbroker from assessing pre-payment penalties and caps the amount of fees that can be charged for the repossession and sale of a motor vehicle at $250. In the event of default, any excess proceeds from the sale of a repossessed vehicle must be remitted to the borrower. HB 353 also grants the borrower a 30-day grace period after missing a payment to redeem or repurchase the motor vehicle. Also, title pawnbrokers must provide a statement to any potential borrower with the number and web address of the Governor's Office of Consumer Protection.

Authored By: Rep. Brett Harrell (106th) House Committee: Regulated Industries

Floor Vote:

Yeas: 56 Nays: 105

Rule Applied: Committee Action: Recommitted

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Daily Report for March 3, 2017

Today on the Floor

HB 354

Georgia International and Maritime Trade Center; reconstitute and authorize Department of Economic Development to contract for certain projects
Bill Summary: House Bill 354 renames and reconstitutes the Georgia International and Maritime Trade Center Authority in Chatham County. The bill provides for its membership, manner of appointment, terms of office and power and duties. It also provides for legislative findings, definitions, and exempts the Authority from taxation and provides for venue, disposition of property and exempting its property from levy and sale, and transfers certain assets and liabilities.

The bill replaces the term "local government", which individually or in combination means the City of Savannah and Chatham County and any development authority of either, with "the authority", which is the Georgia International and Maritime Trade Center Authority. The bill creates the Georgia International and Maritime Trade Center Authority, a public corporation and instrumentality of the state with its principal office in Chatham County. As such, the authority shall not be required to pay taxes or assessments upon any of the property acquired or leased by it or under its control or possession, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees or other charges received by the authority for the use of such buildings, or upon other income received by the authority. The authority shall also be exempt from all sales and use taxes.

The bill provides for the membership of the authority and their term limits, as well as providing for the reimbursement of proper expenses. The membership of the authority shall consist of one member appointed by each member of the Georgia General Assembly representing a portion of Chatham County, and each of these members shall have a vote. These members shall serve terms of three years, and if a vacancy on the authority occurs, the seat shall be filled by the body or individual that appointed the member vacating the position. There are four ex officio members who shall have a vote each, the county manager of Chatham County, the city manager of the City of Savannah, the president of the Savannah Economic Development Authority, and the president of the Savannah Area Convention and Visitor's Bureau. The members of the authority shall not be entitled for compensation for their services, but instead shall be reimbursed for their actual expenses properly incurred in the performance of their duties.

The bill provides for the authority's powers. The authority is permitted to accepts grants of money, materials, or property of any kind from the United States or any agency or instrumentality thereof or from the State of Georgia, or any department, agency, authority, or instrumentality or political subdivision thereof, upon such terms and conditions the United States or the State of Georgia may impose. The authority also has the power and ability to purchase property, employ personnel, make contracts, construct and maintain projects, accept gifts or other contributions of money from private individuals, and exercise any general power which is usually possess by private corporations performing similar functions and which do not conflict with the Constitution and laws of the State of Georgia. If the authority, for any reason, be dissolved, title to all property held by the authority at the time of dissolution shall be conveyed to the State of Georgia.

The bill further provides any action or suit against the authority shall be brought in the Superior Court of the Easter Judicial Circuit in Chatham County. The court is to liberally construe laws enacted with reference to the authority.

Authored By: Rep. Ron Stephens (164th)

Rule Applied:

House Committee: Economic Development & Tourism Committee Action:

Floor Vote:

Yeas: 157 Nays: 11

Amendments:

Structured 02-22-2017 Do Pass

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Today on the Floor

HB 359

Supporting and Strengthening Families Act; enact
Bill Summary: This bill amends the Code section relating to the power of attorney between a parent and an agent for temporary authority over the parent's child. The new article shall be known as the 'Supporting and Strengthening Families Act'. A parent of a child may delegate caregiving authority for their child, not to exceed one year, by executing a power of attorney to an adult individual who meets certain qualifications. To be a qualified adult, the individual must reside in Georgia and be the great-grandparent, grandparent, step-parent, former step-parent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling of the child, or be approved as an agent by an organization licensed as a child placing agency or non-profit focused on child or family services in good standing with the Internal Revenue Service (IRS). For individuals approved as an agent by an organization licensed as a child-placing agency or a non-profit entity in good standing with the IRS shall not be exempt from the licensing and inspection of requirements of child welfare agencies.

The powers granted are that of a parent, except those of marriage or adoption of the child, matters relating to abortion, or the termination of parental rights. The power of attorney may be done without a court order, and must not limit existing child support. Child support specifics are outlined. Specifics of the agent are outlined, such as acceptance in writing for the care of the child, and not ever being on a child abuse or child sexual offender registry in this state or any state, and the possibility of necessitating a criminal background check.

Responsibility of the agent is stipulated as being in the best interest of the child. Specifics of requirements of the agents and of public schools for matters related to the school enrollment of the child are outlined. Requirement of notice by the person who has custody of the child to the noncustodial parent, and the non-custodial parents right to object are addressed.

Parents and agents shall not be precluded by this article to seek emergency medical treatment for the child while he/she is in the custody of a supervisor at the request of the parent/agent. A section is added to address the illegality for either executing a power of attorney to enroll the child in school for athletic purposes, or for avoiding investigation of the child's welfare by the Division of Family and Children Services of the Department of Human Services.

The power of attorney shall be signed under oath and acknowledged before a notary public, and the person executing it and the agent must be present to such notary. A copy of such power of attorney must be filed by either the parent or agent with the probate court of the county in which the parent resides.

The agent shall have the authority to act on behalf of the child for the duration of the power of attorney without compensation, as long as it does not exceed a year or is revoked or terminated by the individual who executed the power of attorney, the parent, or a court of competent jurisdiction. Steps and requirements for revocation of the power are addressed, including letting schools and health providers know of the temporary change in custody as well as returning the child to the parent who executed the power of attorney as soon as reasonably possible.

The execution of a power of attorney under this article shall not delegate caregiving authority for more than one child unless such power of attorney delegates caregiving authority for children who are siblings or stepsiblings. The power of attorney shall not constitute abandonment, child abuse, or neglect, unless the person executing the power fails to take custody back at the end of its duration. The child shall not be considered placed in a foster care, and it shall not entail any foster care licensing requirements on the agent. If the grandparent is the one who receives power, the duration of the power may be unlimited. If the parent granted caregiving authority is a member of the U.S. armed forces or reserves, the yearlong caregiving period may be extended if the parent is deployed. The term of delegation shall not exceed the term of deployment plus 30 days.

A form is provided that if properly completed, signed, and notarized, is sufficient to grant the temporary delegation of caregiving authority to an agent.

Authored By: Rep. Barry Fleming (121st) House Committee: Judiciary

Rule Applied: Committee

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House of Representatives

Daily Report for March 3, 2017

Today on the Floor

Floor Vote:

Yeas: 124 Nays: 39

Action:

Substitute

Amendments: AM 41 0258

HB 370

Council of Municipal Court Judges of Georgia; create and administer savings and deferred compensation plans for members; authorize
Bill Summary: This bill amends the Code section relating to the Council of Municipal Court Judges of Georgia by adding a new section which authorizes the council to create and oversee savings and deferred compensation plans for its members in good standing. The plans are optional for members in good standing and is funded solely by the individual contributions of the members who participate in the plan. No money or other funds collected through a municipal court shall be used for funding. The creation of the plan shall not create a debt or other financial obligation for the State of Georgia or any of its political subdivisions nor create any fiduciary liability on the council.

Authored By: Rep. Scott Hilton (95th) House Committee: Judiciary

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-28-2017 Do Pass

HB 375 Revenue and taxation; tax executions; modify certain provisions
Bill Summary: House Bill 375 repeals 48-5-163 which allowed tax collectors to collect a fee of 50 cents for issuing a tax execution.

Authored By: Rep. Brad Raffensperger (50th) House Committee: Ways & Means

Floor Vote:

Yeas: 173 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-23-2017 Do Pass

HB 390

Motor vehicles; assessment of no points and maximum fine for failure to obey traffic control device in certain instances; provide
Bill Summary: House Bill 390 allows for points on a license when violating a traffic control signal only when it can be demonstrated that at the time of the violation the vehicle was traveling at a speed greater than five miles per hour or the violation resulted in a direct threat of harm to persons or property at the time of the occurrence.

Authored By: Rep. Ed Setzler (35th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee

Action:

Floor Vote:

Yeas: 164 Nays: 0

Amendments:

Modified-Open 02-27-2017 Do Pass

HB 391

Safe Place for Newborns Act of 2002; revise provisions
Bill Summary: HB 391 expands the locations where a mother may drop off her newborn child into safe physical custody to include fire stations and police stations. Moreover, the age of such child to be accepted is increased from one week to thirty days. In addition, the mother now has the option to willingly provide proof of her identity, name and address.

Authored By: Rep. David Clark (98th) House Committee: Juvenile Justice

Floor Vote:

Yeas: 173 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-23-2017 Do Pass

HB 406

Weapons; reciprocity of recognizing and giving effect to licenses to carry from other states; revise requirements
Bill Summary: House Bill 406 specifies that no other state with which Georgia has a reciprocity agreement is required to recognize or give effect to any license to carry given to a person under the age of 21 years old.

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Today on the Floor

Authored By: Rep. Alan Powell (32nd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 164 Nays: 7

Amendments:

Modified-Structured 02-27-2017 Do Pass by Committee Substitute

HB 412

Motor vehicles; certain documents relating to registration and certificate of title of certain vehicles; provide for electronic submission
Bill Summary: House Bill 412 requires the state revenue commissioner to conduct an analysis on the possible elimination of the revalidation decal requirement for motor vehicle tag renewals. They will then report their findings to the Chair of the House Public Safety and Homeland Security Committee, the House Motor Vehicles Committee and the Senate Public Safety Committee no later than January 1, 2018.

Further, it requires that on and after January 1, 2018, applicants for a commercial vehicle registration under the International Registration Plan must submit such application electronically.

Finally, it requires that on and after January 1, 2018, all applications for certificate of title by a motor vehicle dealer must be submitted to the Department of Revenue electronically.

Authored By: Rep. Timothy Barr (103rd) House Committee: Motor Vehicles

Floor Vote:

Yeas: 163 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2017 Do Pass by Committee Substitute

HB 413

Public utilities; regulation of certain matters pertaining to rural telephone cooperatives; provisions
Bill Summary: This bill amends Titles 44 and 46 of the Code to provide for regulation of matters pertaining to rural telephone cooperatives. It states all patronage dividends or capital credits held by a telephone cooperative that are presumed abandoned in a calendar year may be donated to a non-profit organization that supports education or economic development in the cooperative's service area and is exempt from taxation.

For the donation to take place, the cooperative has to maintain for at least six months on its website or on a public posting in its main office a list of the names and last known addresses of all the owners of property held by the cooperative that have been presumed abandoned. That list must also have instructions on how to claim the property. Additionally, the cooperative must publish a notice in the legal organ in the county where the main office is located of the last date to claim property that has been presumed abandoned. The notice shall be published within three to six months prior to the last date to claim the property and will also state the names of the owners found on the website or in the main office.

The bill also discusses lawsuits against cooperatives and states cooperatives can only be sued in the county of its residence, where its registered office is maintained. If a cooperative fails to maintain a registered office, it shall be deemed to reside in the county where its last named registered office or principal office was maintained, as shown in the Secretary of State's records. The cooperative may also be deemed to reside in and may be sued on contracts in a county in which the contract sought to be enforced was made or is to be informed, but only if the cooperative has an office and transacts business in that county. It may also be sued for damages because of torts, wrongs, or injury done in a county where the cause of action originated, if it has an office and transacts business in that county.

HB 413 amends the Code relating to the by-laws of cooperatives. It states the board of directors shall have the power to alter, amend, or repeal the by-laws, or adopt new by-laws, unless those powers are reserved exclusively for the members; however, any by-laws adopted by the board of directors may be altered, amended, or repealed by the members. The members may also state that any by-laws adopted by them shall not be altered, amended, or repealed by the board of directors.

Unless the by-laws state otherwise, the board of directors have the authority, but are not required, to

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pay revenues allocated but not previously paid to a member who has died. If the member dies with a will, the payments will be made to the executor of the estate, but if the member dies without a will and the cooperative is provided a copy of letters of administration for the estate of the dead member(s), the payments will be made to the administrator of the estate named in the letters. If the member dies without a will and the cooperative is not provided a copy of letters of administration and the payment is $2,500 or less, the payment will be made to the people listed in priority order: surviving spouse, surviving children, surviving mother and father, or the surviving brothers or sisters. If the member dies without a will and without the copy of letters of administration and the payment is greater than $2,500, the payment will be made to the person entitled under the laws of descent and distribution in the state.

Authored By: Rep. Don Parsons (44th)

House Committee: Energy, Utilities & Telecommunications

Floor Vote:

Yeas: 167 Nays: 5

Rule Applied: Committee Action: Amendments:

Modified-Open 02-27-2017 Do Pass

HB 419 Fireworks; certain counties further regulate use or ignition; enable authority
Bill Summary: HB 419 expands the ability for local governments to regulate the ignition of fireworks through local noise ordinances.

Authored By: Rep. Deborah Silcox (52nd) House Committee: Regulated Industries

Floor Vote:

Yeas: 147 Nays: 17

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass by Committee Substitute

HB 425

Elementary and secondary education; administration of standardized assessments in paper-andpencil format upon parental request; provide
Bill Summary: House Bill 425 allows the State Board of Education or local school system to administer assessments in paper-and-pencil format if the parent or guardian requests such a format. This legislation requires the state school superintendent to develop guidelines which identify policies for local school systems to consider when determining how a student not participating in a state-wide assessment will be supervised. House Bill 425 also prohibits schools from taking punitive action against a student who does not participate in an assessment.

Authored By: Rep. Joyce Chandler (105th) House Committee: Education

Floor Vote:

Yeas: 151 Nays: 18

Rule Applied: Committee Action: Amendments:

Modified-Open 02-27-2017 Do Pass by Committee Substitute

HB 428

Downtown development authorities; authorize assessments
Bill Summary: This bill amends Code Section 36-42-17 to authorize assessments relating to downtown development authorities. An assessment shall be levied and collected when a written contract regarding the assessment is executed by the property owner, the authority, and the project administrator. Additionally, the contract must be administratively acknowledged by the relevant local jurisdiction under the taxing authority and a notice of the assessment is recorded in the property records of the relevant local jurisdiction.

Authored By: Rep. Chuck Martin (49th)

House Committee: Energy, Utilities & Telecommunications

Floor Vote:

Yeas: 171 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-27-2017 Do Pass

HB 430

Governor's Education Reform Commission; charter schools; implement recommendations
Bill Summary: House Bill 430 amends Title 20 by requiring the State Board of Education and the State Charter Schools Commission to jointly establish principles and standards of charter school authorization to guide local boards of education. Any charter school which fails to meet the principles and standards set by the local board of education for two consecutive years may petition to transfer its

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charter to the State Charter Schools Commission.

This legislation also defines "unused educational facilities" and allows the state board to disburse an annual facilities grant to eligible charter school applicants in the amount of $100,000.

Authored By: Rep. Buzz Brockway (102nd) House Committee: Education

Floor Vote:

Yeas: 127 Nays: 33

Rule Applied: Committee Action: Amendments:

Modified-Open 02-28-2017 Do Pass by Committee Substitute

HB 432

Tuition grants; certain institutions that lack accreditation be approved for tuition equalization purposes; provide
Bill Summary: HB 432 expands the definition of an "approved school" for the purpose of tuition equalization grants to include an institution that lacks accreditation by the Southern Association of Colleges and Schools but meets all other requirements of an "approved school" as long as the institution was considered an "approved school" in the last five years.

Authored By: Rep. Matt Dubnik (29th) House Committee: Higher Education

Floor Vote:

Yeas: 117 Nays: 48

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-22-2017 Do Pass

HB 434

Eminent domain; requirement that condemnations not be converted to any use other than public use for 20 years; provide exception
Bill Summary: This bill amends the Code section relating to eminent domain. The right of eminent domain is the right of Georgia to assert dominion, either temporarily or permanently, over any portion of soil of this state for public exigency (need) and public good for public use. House Bill 434 adds "remedying blighted property" under public use.

The condemnor shall first petition the superior court for a judgment to see if the property meets the definition of "blighted", and the specifics for the petition are listed. After the petition is presented, the court shall issue an order requiring all parties to appear at a time and place to make their objections known of whether the property is to be deemed blighted. Requirements for the notice to people entitled to the notice, as well as the possibility of additional notice, are outlined. After the court has heard all parties on the date specified, it shall make an order whether the property is or is not blighted. For property deemed blighted, a statement shall be contained in the order that explains the current, or if vacant the past, land use of the property and the property's future shall be restricted to the same land use stated in the order for a period of five years. Within 60 days, a condemnor with an order declaring a property blighted shall file an action with a copy of the order to condemn the property.

Authored By: Rep. Wendell Willard (51st) House Committee: Judiciary

Floor Vote:

Yeas: 158 Nays: 6

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2017 Do Pass

HB 441

Trusts; establish qualified self-settled spendthrift trusts; provisions
Bill Summary: This bill adds a new Article to the Code section relating to spendthrift provisions, which are trusts created to prevent a beneficiary from spending all the funds in the trust by giving an independent trustee full authority to make financial decisions on behalf of the beneficiary.

Under this Article, a settlor may prevent creditors from gaining access to the settlor's funds by transferring those assets to a qualified self-settled spendthrift trust, which is an irrevocable trust that includes a spendthrift provision that restrains creditors from reaching the funds while the settlor still retains a qualified interest in the trust. The Code sections relating to the validity of spendthrift provisions and property subject to the claims of settlor's creditors shall not apply to the qualified interest. A settlor may have both qualified and non-qualified interests in the trust, and the Code sections only apply to the interest in the non-qualified trust. Within 30 days of transferring assets to a

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qualified self-settled spendthrift trust, the settlor shall notify creditors by certified mail or statutory overnight delivery.

If there is a vacancy in the position of a qualified trustee, the position shall be filled by an eligible person meeting a prioritized list of qualifications. The same requirements and priority order for selection are applied to an independent qualified trustee.

A trust shall not be considered revocable because the instrument includes: (1) a power of appointment effective only upon the death of the settlor; (2) the qualified interest in the trust; (3) the right of the settlor to receive income or principal; (4) the potential or actual receipt by a settlor from a charitable remainder type of trust and the right of the settlor to release in writing all or party of the retained interest of the settlor in the trust; (5) annual receipt of up to five percent of the initial value of the trust asset by the settlor; (6) the right of the settlor to remove a trustee and appoint a new trustee; (7) the potential or actual use of real property by a settlor when it is held under a personal residence trust; (8) the potential or actual receipt of use by a settlor of a qualified interest (interest that a settlor may receive for distributions of income, principal or both in the discretion of an independent qualified trustee); (9) the ability of a qualified trustee, upon the settlor's death, to pay debts owed by the settlor, expenses of administering the estate of the settlor, or any estate inheritance tax imposed on the estate of the settlor; and (10) the potential or actual receipt of income or principal by a settlor to pay certain taxes.

A beneficiary who has the right to withdraw the entire interest in the trust shall be treated as its settlor to the extent of the withdrawal right when it has been lapsed, released, or expired. Qualified selfsettled spendthrift trusts shall not block creditors that seek alimony or child support, including judgments or orders issued in another state. A creditor seeking a claim against the settlor of a qualified self-settled spendthrift trust may bring a cause of action or claim for relief to such a trust under the 'Uniform Voidable Transactions Act'.

Authored By: Rep. Barry Fleming (121st) House Committee: Banks & Banking

Floor Vote:

Yeas: 125 Nays: 37

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-27-2017 Do Pass

HB 448

Nonpublic Postsecondary Education Commission; require certain postsecondary institutions to qualify for exemptions; provisions
Bill Summary: HB 448 enables the Nonpublic Postsecondary Education Commission (NPEC) to create policies to exempt education and postsecondary education institutions. This bill also exempts non-public law schools accredited by the American Bar Association when NPEC is designated as the recipient of complaints as a perquisite for the non-public law school's acceptance of federal student financial aid. This bill also changes the composition of NPEC's board from 15 members to 10 members. Lastly, HB 448 changes the composition of the Board of Trustees of the Tuition Guaranty Trust Fund to include at least two members of postsecondary institutions rather than one member representing a non-degree granting postsecondary institution and one member representing a degree granting postsecondary institution.

Authored By: Rep. Chuck Williams (119th) House Committee: Higher Education

Floor Vote:

Yeas: 172 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-22-2017 Do Pass

HB 452

Georgia Bureau of Investigation; publicly post certain information to extent permitted by federal law; require
Bill Summary: House Bill 452 requires the Georgia Bureau of Investigation to post information on its website about criminal aliens being released into the state from federal custody. The information is received from Law Enforcement Notification System (LENS) within the United States Department of Homeland Security, and within 12 hours of receiving information, the bureau shall post the information and electronically send a copy to the Georgia Sheriffs' Association.

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Authored By: Rep. Jesse Petrea (166th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 144 Nays: 26

Amendments:

Modified-Structured 03-02-2017 Do Pass by Committee Substitute

HB 453

County law library; board of trustees; add chief judge of magistrate court
Bill Summary: This bill adds the chief judge of the magistrate court as a member of the board of trustees of the county law library. Currently, the other members include the: chief judge of the superior court of the circuit in which the county is located; judge of the probate court; senior judge of the state court, if one exists; district attorney of the circuit in which the county is located; solicitorgeneral of the state court, if one exists; clerk of the superior court; and two practicing attorneys of the county selected by the other members.

Authored By: Rep. David Dreyer (59th) House Committee: Judiciary

Floor Vote:

Yeas: 165 Nays: 4

Rule Applied: Committee Action: Amendments:

Modified-Open 02-28-2017 Do Pass

HB 457

Brooks County; Magistrate Court chief judge; provide nonpartisan elections
Bill Summary: This bill states future elections of the chief judge of the Magistrate Court of Brooks County shall be nonpartisan. It also states that the current chief judge shall serve out his or her term of office.

Authored By: Rep. Amy Carter (175th) House Committee: Intragovernmental Coordination

Floor Vote:

Yeas: 132 Nays: 26

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-27-2017 Do Pass

HB 458

Speed detection devices; automated traffic enforcement safety devices in school zones; provisions
Bill Summary: House Bill 458 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: Rep. Alan Powell (32nd)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 142 Nays: 29

Amendments:

Modified-Structured 03-02-2017 Do Pass

HB 463

Early Care and Learning, Department of; establish nonprofit corporation to qualify as a public foundation; authorize
Bill Summary: House Bill 463 provides the Department of Early Care and Learning the ability to incorporate a nonprofit corporation to aid the department in promoting public-private partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, public schools, and early care and education programs.

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

Floor Vote:

Yeas: 168 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-28-2017 Do Pass

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HB 469

Motor vehicle franchise practices; provide for definitions; provisions
Bill Summary: House Bill 469 amends the 'Georgia Motor Vehicle Franchise Practices Act' to clarify parts and labor reimbursement for warranty and re-call work; current franchise law requires that manufacturers compensate dealers for warranty and recall parts and labor at retail rate but it does not provide a procedure by which retail rate is calculated.

This provision details a procedure for the calculation of retail rates for warranty and recall parts and labor based on a sampling of non-warranty customer-pay repair orders. A manufacturer can contest the retail rate declared by a dealer and suggest a rate adjustment. If the dealer and manufacturer cannot agree on a retail rate, the provision requires that the manufacturer's internal dispute resolution procedure, if any, be used in an effort to resolve the disagreement. If unsuccessful, a petition can be filed with the commissioner of Revenue.

This section also requires manufacturers to compensate dealers for used vehicles in a dealer's inventory that cannot be sold due to a "stop sale" directive issued by the manufacturer. Finally, the bill allows manufacturers to exercise contractual right of first refusal under certain conditions.

Authored By: Rep. Jason Shaw (176th) House Committee: Motor Vehicles

Floor Vote:

Yeas: 165 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Open 02-28-2017 Do Pass by Committee Substitute

HB 470

Economic Development, Department of; grants to certain organizations supporting military communities; create program
Bill Summary: This bill amends the Code section relating to the Department of Economic Development (the "department"). The department shall administer a grant program to provide assistance to "military communities", defined as a county or municipality that has a military facility within its jurisdiction. The amount of the grant shall be determined by the department on a case-bycase basis with consideration of the grant goal being proposed and to the extent that it: (1) furthers the relationship between the military community and military installation/facilities; (2) furthers the military installation's economic development investment into the military community; or (3) assists in efforts to defend the success of a military installation from a federal review. The department shall also develop a set of criteria to ensure the credibility of the "community entity", a non-profit organization that works to benefit the military value of the military installations, which submits a grant application, and the potential success of the grant goal. This includes: (1) the length of time the community entity has been active; (2) the types of projects the community entity has been engaged in; and (3) the status the community entity has developed over time with the military installation. The department shall submit any pending grant award to the Defense Community Economic Development Fund for final review. If the Georgia Defense Initiative ceases to exist, the requirements applied in this legislation shall not be applicable. The department shall make public the regulations necessary to implement this article, and shall be authorized to charge and collect fees necessary for costs associated with the processing of applications submitted for the grant.

This bill also provides that funds awarded by the Department of Economic Development shall not be utilized to contract, compensate, or reimburse a registered lobbyist, but may be utilized to reimburse or make payment for actual and reasonable expenses of a public official acting in such his or her official capacity for transportation, lodging, travel, food, beverages, or registration fees which are directly related to an approved grant goal. Additionally, the department shall submit any pending grant award to the Governor's Defense Initiative for final review, unless the Governor's Defense Initiative ceases to exist. The department shall promulgate rules and regulations necessary to implement the purposes of these provisions.

Authored By: Rep. Shaw Blackmon (146th)

Rule Applied:

House Committee: Economic Development & Tourism Committee

Action:

Floor Vote:

Yeas: 169 Nays: 1

Amendments:

Modified-Structured 02-24-2017 Do Pass by Committee Substitute AM 43 0047

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HB 472

Motor vehicles and traffic; following requirements for vehicles in a procession when speed is coordinated automatically; provide exception
Bill Summary: House Bill 472 exempts the driver of a non-leading vehicle in a procession where the speed of each vehicle is automatically coordinated from violations for following too closely.

Authored By: Rep. James Epps (144th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee

Action:

Floor Vote:

Yeas: 167 Nays: 0

Amendments:

Modified-Open 03-02-2017 Do Pass

HB 474

Driver Services, Department of; drivers' manual include best practices during traffic stop by law enforcement; require
Bill Summary: House Bill 474 requires that any republication of any driver's manual published by the Department of Driver Services after July 1, 2017 must include best practices for facilitating the safety of all parties during a traffic stop by a law enforcement officer. These instructions can be the result of the department's collaboration with the Department of Public Safety. Additionally, the Office of Highway Safety is required to incorporate the promotion of, or reference to, such instructions at least once annually in any planned, highly-visible project or public advertising campaign. This does not require the Office of Highway Safety to plan otherwise unplanned projects or campaigns specifically for promoting the new instructions.

Authored By: Rep. Carolyn Hugley (136th)

Rule Applied:

House Committee: Public Safety & Homeland Security Committee Action:

Floor Vote:

Yeas: 145 Nays: 26

Amendments:

Modified-Structured 03-02-2017 Do Pass

HB 475

Charitable solicitations; use of collection receptacles for donations; implement additional requirements
Bill Summary: HB 475 amends Code sections relating to charitable solicitations, specifically providing regulations and penalties for the operation of collection receptacles, which are unattended containers for collecting non-monetary donations such as clothing, personal and household items, or books. Currently, the Code is silent on how the operator is to obtain permission to operate on land in which it does not hold a property interest.

The bill requires the operator of any collection receptacle to obtain notarized, written permission from all owners or leaseholders of the property in which the operator has no property interest and on which the operator wishes to place the collection receptacle. The operator is to maintain copies of the notarized, written permission and provide copies to the owners or leaseholders of such property at any time upon request. Once the operator has received permission to place and operate a receptacle, the operator shall notify any leaseholders, tenants, or other occupants about the collection receptacle's placement and operation. If the operator fails to obtain permission, any owner or leaseholder may demand immediate removal of the collection receptacle.

The bill further requires that the operator to maintain the collection receptacle in a structurally sound, clean, and sanitary condition. The receptacle shall be regularly emptied at least every two weeks and the operator shall be responsible for ensuring that no donations are present on the ground surrounding the receptacle for more than 48 hours.

The bill provides the procedure for removing the collection receptacle. Any owner or leaseholder of property on which a collection receptacle is permissibly placed may demand its removal in writing by mail, return receipt requested, or overnight delivery to the address listed on the receptacle. The property owner or leaseholder shall also send a copy of the demand to the office of the Secretary of State. The operator of the collection receptacle shall remove the receptacle as well as all content left in and around it within 30 days of the date the demand is either deposited in the mail or received by overnight delivery. If the operator fails to remove the receptacle, any owner or leaseholder shall have the immediate right to take possession, remove, and dispose of the collection receptacle and its contents. The owner or leaseholder may also request law enforcement personnel to take possession,

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remove, and dispose of the collection receptacle and its contents. Any expenses incurred in the removal and disposal shall be paid by the operator. If the owner or leaseholder incurs expenses in removing and disposing of the receptacle following the 30-day notice to remove or because of any violation of any regulation, he or she may bring a civil action to recover actual damages.

The bill allows the Secretary of State to impose a fine for any willful violation of the regulations controlling charitable solicitations of up to $2,500 for a single violation or $25,000 for multiple violations in a single or a series of proceedings.

Authored By: Rep. Buddy Harden (148th) House Committee: Judiciary

Floor Vote:

Yeas: 162 Nays: 3

Rule Applied: Committee Action: Amendments:

Modified-Open 03-01-2017 Do Pass by Committee Substitute

HB 481

Aviation; unmanned aircraft systems; provide for preemption
Bill Summary: House Bill 481 preempts unmanned aircraft systems from local ordinance, resolution, regulation, or policy that is adopted on or after April 1, 2017. The county, municipality, or other political subdivision may enforce those ordinances passed before April 1, 2017; adopt an ordinance which enforces Federal Aviation Administration restrictions; or adopt an ordinance that provides for or prohibits the launch, recovery, or intentional landing of an unmanned aircraft system from or on its property. The legislation allows the state, through agency or departmental rules and regulations, to provide for or prohibit takeoff, recovery, or use of an unmanned aircraft system from or on its public property.

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

Floor Vote:

Yeas: 164 Nays: 1

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass by Committee Substitute

HB 485

Distilled spirits; referendum election be held prior to issuance of licenses to manufacture; remove requirement
Bill Summary: HB 485 clarifies and edits the Code regarding local referendums to allow for the sale of alcohol within a county. In addition, HB 485 allows for the unincorporated locations within a county to produce and ship distilled spirits with a referendum or through actions by the local governing authority.

Authored By: Rep. Mike Glanton (75th) House Committee: Regulated Industries

Floor Vote:

Yeas: 147 Nays: 23

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass by Committee Substitute

HB 497

Juvenile proceedings; filing a petition for delinquency when informal adjustment or other nonadjudicatory procedures are used; extend period
Bill Summary: HB 497 automatically extends the period for filing a petition for delinquency, which is a petition accusing a child of committing a crime who is in need of treatment and rehabilitation, when informal adjustment, which is an informal resolution to an alleged non-serious delinquent or unruly act in which the child agrees to counsel and advice in lieu of a judgment against him or her, is being used until such informal adjustment has failed, and to provide for de facto custodians custody arrangements and rights.

The bill provides that when informal adjustment is being used, the 30-day deadline to file a petition alleging delinquency shall not commence until such informal adjustment or non-adjudicatory procedure has failed.

The bill defines "de facto custodian" as an individual who has shown to have accepted the parental responsibilities of a child and has developed a close relationship with the child, without the

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expectation of financial compensation, and if the child is under three years of age, has resided with such individual for six months or more; or if the child is three years or older, has resided with such individual for a period of one year or more.

The bill recognizes a de facto custodian as a potential party to a child custody dispute and is held on equal footing with the child's parent or parents. The de facto custodian shall have the same rights and duties as either the custodial or non-custodial parent currently has, depending on which role the de facto custodian is filling. The bill includes a de facto custodian in the list of parties able to secure custody of a child. During any custody action between a parent and a de facto custodian, the court may determine that an award of joint custody with such individuals is in the best interest of the child. De facto custodians are not subject to the presumption that it is in the best interest of the child to be awarded to the parent or parents of the child.

A parent or de facto custodian may file a motion containing specific instances of actual abuse, neglect, or other harmful activities and the court may direct the appropriate child services agency to investigate the home of either the parent or de facto custodian. The bill further provides that a de facto custodian is to be included in the definition of a family member in the case of child visitation and intervention rights equal to those afforded in statute to grandparents.

Authored By: Rep. Chuck Efstration (104th) House Committee: Judiciary

Floor Vote:

Yeas: 161 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Open 02-28-2017 Do Pass by Committee Substitute

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) House Committee: Transportation

Floor Vote:

Yeas: 164 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass by Committee Substitute AM 39 0184

HB 510 Alcoholic beverages; population and measurement of certain distances; repeal certain provisions
Bill Summary: HB 510 removes a population-based statute from the Code.

Authored By: Rep. Calvin Smyre (135th) House Committee: Regulated Industries

Floor Vote:

Yeas: 142 Nays: 13

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass

HB 515 State house districts; revise boundaries of a certain district Bill Summary: This bill amends state House districts 34, 35, 36, 40, 47, 49, 53, 73, and 111.

Authored By: Rep. Johnnie Caldwell (131st)

House Committee: Legislative & Congressional Reapportionment

Floor Vote:

Yeas: 108 Nays: 59

Rule Applied: Committee Action: Amendments:

Structured 03-01-2017 Do Pass by Committee Substitute

HB 523

Banking and finance; industrial loans; certain distance from military base or installation; prohibit issuance of license to issue
Bill Summary: House Bill 523 prohibits any business that offers industrial loans from operating within three miles of a National Guard Armory, U.S. Military base, instillation, or Reserve Center.

Further, it requires that these loans disclose on the first page of the loan agreement, the exact dollar
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amount of the commission to be received as a result of buying insurance products on these loans, where the percentage of borrowers that purchased this insurance from the business in the prior calendar year exceeded 50 percent and shall continue to disclose until that number falls below 50 percent.

Authored By: Rep. Brian Strickland (111th) House Committee: Industry and Labor

Floor Vote:

Yeas: 146 Nays: 6

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-02-2017 Do Pass by Committee Substitute

HR 25

Senior Airman Tre Francesco Porfirio Memorial Intersection; Camden County; dedicate
Bill Summary: House Resolution 25 is the annual road facility dedication package. The following resolutions are included: HR 25 - Representative Jason Spencer A resolution dedicating the interchange on I-95 at Laurel Island Parkway in Camden County as the senior Airman Tre Francesco Porfirio Memorial Intersection.

HR 148 - Representative Buddy Harden A resolution dedicating the bridge on SR 11/US 129 over Bluff Creek in Pulaski County as the Emmett R. "Whitey" Lollis Memorial Bridge.

HR 171 - Representative Lee Hawkins A resolution dedicating the intersection of Beechwood Blvd., NW and SR 53/Dawsonville Highway in Hall County as the Officer Henry Tillman Davis Memorial Intersection.

HR 228 - Representative Matt Hatchett Dedicating the interchange at I-16 and Exit 42 (SR 338) in Laurens County as the Deputy Kyle W. Dinkheller, LCSO 37, Memorial Interchange.

HR 255 - Representative Susan Holmes A resolution dedicating the portion of State Route 212 from Bragg Road to the Putnam County line in Jasper County as the Henry Grady Layson, Sr., Memorial Highway.

HR 286 - Representative Susan Holmes A resolution dedicating the bridge structures on the Gray Bypass over SR 11 in Jones County as the Otis Redding Memorial Bridge.

HR 287 - Representative Susan Holmes A resolution dedicating the relocated portions of State Routes 11/22/US 129 in Jones County as the Veterans Memorial Parkway.

HR 337 - Representative Jan Tankersly A resolution dedicating the I-16 overpass bridge on SR 30/US 80/280 in Bryan County as the Corporal Rick Hall Memorial Bridge.

HR 387 - Representative Chuck Williams A resolution dedicating the bridge on Highway 441 at the Oconee/Clarke County line near White Oak Intersection as the First Sergeant Luke J. Mercardante Memorial Bridge.

Authored By: Rep. Jason Spencer (180th) House Committee: Transportation

Floor Vote:

Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-28-2017 Do Pass by Committee Substitute

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HR 279 Single Parent Day; March 21; designate each year
Bill Summary: HR 279 recognizes the challenges and dedication of single parents and designates March 21st of each year as Single Parent Day, mirroring a 1984 congressional joint resolution.

Authored By: Rep. Valencia Stovall (74th) House Committee: Human Relations & Aging

Floor Vote:

Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Open 02-21-2017 Do Pass

Postponed Until Next Legislative Day
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: Rep. Meagan Hanson (80th)

Rule Applied: Modified-Open

HB 446

Local Government 9-1-1 Authority Act; enact
Bill Summary: This bill amends Titles 36, 45, and 46 of the Code by creating the Local Government 9-1-1 Authority. The authority is a public corporation and an instrument of the state that may contract and be contracted with and defend and bring actions to enforce chapter 36-93-3. The purpose of the authority is to administer, collect, audit, and remit 9-1-1 revenue for the benefit of local governments.

All local governments that operate or contract for the operation of a public safety answering point (a 9-1-1 center) will be members of the authority as of July 1, 2017. Additional local governments shall become members upon their adoption of a resolution or ordinance to impose the monthly 9-1-1 charge authorized in Code Section 46-5-134. Moreover, any local governments that cease operating or contracting for the operation of a public safety answering center shall withdraw from the authority.

The authority is created to provide cost-efficient collection of revenues, increase compliance in collection of revenues, ease the administrative burden on vendors and service provides, and other factors. In addition to those purposes, the authority has the duties and responsibilities to apply for, receive and use federal and state grants. It is able to study, evaluate, and recommend technology standards for the state-wide provision of 9-1-1 service and identify any changes necessary to accomplish more effective and efficient 9-1-1 service across the state. The authority can identify any changes necessary to assess and collect the fees. The authority shall also develop, offer, or make recommendations to the Georgia Public Safety Training Center or other state agencies for training that should be provided to directors of public safety answering points. It shall also provide an annual

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report, which shall include proposed legislation, to the governor and the General Assembly by December 1 of each year.

Control and management of the authority will be vested in the board of directors, which shall consist of 15 specific members appointed by the governor. Members of the board of directors shall receive no compensation for their services, but are authorized to receive an expense allowance and reimbursement from authority funds. Eight members of the board shall constitute a quorum, and a majority of a quorum must vote in the affirmative for any action to be taken. The board shall appoint an executive director who shall be the administrative head of the authority. The board will also establish the salary of the director. The director will have the responsibility of hiring officers, agents, and employees, as well as prescribe their duties, responsibilities, qualifications, and salaries.

The authority is not required to pay taxes or assessments upon any property acquired or under its jurisdiction, control, etc. Additionally, all money received by the authority will be deemed to trust funds; however, the authority shall have no jurisdiction concerning the setting of rates, terms, and conditions for the offering of telecommunications services or for the offering of broadband, Voice over Internet Protocol, or wireless service. Starting January 1, 2019, all 9-1-1 charges imposed by a local government shall be collected by the service supplier and remitted to the authority no later than the 20th day of the month following the month they were collected. The authority may retain from the charges an amount not to exceed 3 percent of the charges to cover the costs of administration. The remainder of the charges shall be paid to the local governments.

The authority is authorized starting January 1, 2019, to audit or have an auditor audit the records of any service supplier offering communication services capable of connecting 9-1-1 service. Failure of a service supplier to comply with any audit required under paragraph 2, subsection (a) of Code Section 36-93-7, shall result in a civil penalty of not more than $1,000 per day for each day the supplier refuses compliance commencing on the date stated in the notice, which shall in no case be less than 45 days, unless agreed to in writing by the parties.

Willful failure of a service supplier to have billed the monthly charges or have remitted the charges shall be subject to a civil penalty of not more than $25,000 in the aggregate or three percent of the amount that should have been remitted, whichever is less. The penalty shall be in addition to the amount that should have been remitted and shall accrue interest at the rate specified in Code Section 48-2-40.

The bill also states the authority shall develop guidelines for implementing a state-wide emergency 91-1 system. Additionally, on or after January 1, 2019, no emergency 9-1-1 system shall be established and no existing system shall be expanded to provide wireless enhanced 9-1-1 service without written confirmation by the authority that the local plan conforms to guidelines and procedures provided for in Code Section 46-5-124.

It also states a telephone subscriber of any telephone service shall be billed $1.50 per month for the 91-1 charge. The same charge applies to wireless service suppliers and prepaid wireless phones.

Authored By: Rep. Alan Powell (32nd)

Rule Applied: Structured

Local Calendar
HB 461 Heard County; board of elections and registration; create Bill Summary: This bill creates a board of elections and registration for Heard County.

Authored By: Rep. Randy Nix (69th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

03-01-2017 Do Pass by Committee Substitute

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HB 502 Bremen, City of; levy an excise tax
Bill Summary: This bill authorizes the governing authority of the City of Bremen to levy an excise tax.

Authored By: Rep. Kevin Cooke (18th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

03-01-2017 Do Pass

HB 503 Randolph County; board of elections and registration; create
Bill Summary: The bill creates a joint county-municipal board of elections and registration for Randolph County and the cities of Cuthbert and Shellman.

Authored By: Rep. Gerald Greene (151st)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

03-01-2017 Do Pass

HB 504 Waycross Convention and Visitors Bureau Authority Act; enact
Bill Summary: This bill creates the Waycross Convention and Visitors Bureau Authority to promote tourism, trade, and conventions in the City of Waycross.

Authored By: Rep. Jason Spencer (180th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

03-01-2017 Do Pass

HB 507 Jonesboro, City of; governing authority; create districts for election of members
Bill Summary: This bill creates districts for the election of members to the governing authority of the city of Jonesboro.

Authored By: Rep. Mike Glanton (75th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

03-01-2017 Do Pass by Committee Substitute

HB 508 Morrow, City of; provide for a governing authority
Bill Summary: This bill creates districts for the election of members to the governing authority of the city of Morrow.

Authored By: Rep. Mike Glanton (75th)

House Committee: Intragovernmental Coordination Local

Floor Vote:

Recommitted

Rule Applied: Committee Action: Amendments:

03-01-2017 Do Pass by Committee Substitute

HB 511 Warm Springs, City of; change corporate limits Bill Summary: This bill changes the corporate limits of the city of Warm Springs.

Authored By: Rep. Debbie Buckner (137th)

House Committee: Intragovernmental Coordination -

Local

Floor Vote:

Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

03-01-2017 Do Pass

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House of Representatives

Daily Report for March 3, 2017

Committee Actions

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

Intragovernmental Coordination - Local Committee
HB 449 DeKalb County; taxes, fees, and assessments; change certain provisions
Bill Summary: This bill changes provisions relating to taxes, fees, and assessments related to community improvement districts within DeKalb County.

Authored By: House Committee:

Rep. Tom Taylor (79th) Intragovernmental Coordination Local

Committee Action:

03-03-2017 Do Pass

HB 514 Chatham-Savannah Youth Futures Authority; repeal Act Bill Summary: This bill repeals an act creating the Chatham-Savannah Youth Futures Authority.

Authored By: House Committee:

Rep. Mickey Stephens (165th) Intragovernmental Coordination Local

Committee Action:

03-03-2017 Do Pass

Page 30 of 31

House of Representatives

Daily Report for March 3, 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.

Monday, March 6, 2017 12:30 PM RULES - 341 CAP 1:00 PM FLOOR SESSION (LD 29) - HOUSE CHAMBER 3:00 PM MEDICAL CANNABIS WORKING GROUP - 403 CAP

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