DAILY REPORT Thursday
March 30, 2017
House Budget & Research Office (404) 656-5050
Today on the Floor
40th Legislative
Day
House Media Services (404) 656-0305
Conference Committee Reports
HB 196 Income tax; exemption for royalties paid to musical artists; provide
Bill Summary: House Bill 196 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. Also, the bill revises 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.
Additionally, the bill amends 48-5-41, relating to property exempt from taxation, by expanding the property tax exemption on homes for the mentally disabled to allow for homes which are indirectly owned by limited-liability companies (LLCs), if the LLC's parent organization is a qualified 501(c)(3)organization under Internal Revenue Code, to be included.
The bill also 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 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. Matt Dollar (45th)
Rule Applied: Modified-Structured
Conference Committee Reports: (Adoption of the conference committee report represents final passage of the bill.)
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, disciplinary hearings, faculty and staff offices,as well as special spaces where high school students take classes. 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: Modified-Structured
Conference Committee Reports: (Adoption of the conference committee report represents final passage of the bill.)
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HB 340
Alternative ad valorem tax; motor vehicles; change manner of distribution of proceeds
Bill Summary: House Bill 340 amends 48-5C-1, relating to alternative ad valorem tax on motor vehicles, by stating that the taxable value of vehicles leased is the total of the base payments pursuant to the lease agreement.
Authored By: Rep. Shaw Blackmon (146th)
Rule Applied: Structured
Conference Committee Reports: (Adoption of the conference committee report represents final passage of the bill.)
SB 104
Kidnapping, False Imprisonment and Related Offenses; human trafficking hotline model notice in government buildings; require posting
Bill Summary: SB 104 requires government buildings to post signage with the human trafficking hotline model notice and requires government entities to have a hyperlink located on their websites to the same model notice. In addition, the bill removes the sunset provision on the posting of said model notice.
SB 104 also brings into alignment violations of the law regarding false insurance documents within the criminal and insurance sections of the Georgia Code by making the punishment identical felonies.
SB 104 adds fentanyl and fentanyl derivatives to the list of prohibited substances contained within the drug trafficking Code.
SB 104 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: Sen. Donzella James (35th)
Rule Applied: Modified-Structured
Conference Committee Reports: (Adoption of the conference committee report represents final passage of the bill.)
Motions to Insist
HB 15 Courts; certain civil pleadings to be filed electronically; require
Bill Summary: This bill amends pleading filing requirements to allow, but not 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 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 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 or non-attorney 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. When an
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attorney files a pleading in a case via an electronic filing service provider, the attorney shall have also consented to being served electronically with future pleadings for that case, unless he or she files a rescission of consent.
The Judicial Council of Georgia shall make and publish in print or electronically such policies and procedures and rules as it deems necessary to carry out these e-filing provisions, and any clerk or the Council of Superior Court Clerks are authorized to submit for consideration and approval by the Judicial Council any policy or procedure it deems necessary to carry out these provisions. The clerks may also accept payments by electronic means, but no amount of the fee charged per transaction shall be remitted to the clerk, the Georgia Superior Court Clerks' Cooperative Authority, the Council of Superior Court Clerks of Georgia, or any other office or entity of the state or governing authority of a county or municipality. 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, and after such acceptance shall be publicly accessible for viewing at no cost to the viewer on a public access terminal available at the courthouse during regular business hours and no cost shall be imposed for remote electronic viewing. No court or clerk of court shall enter into any exclusive agreement or contract that prohibits more than one electronic filing service provider to serve a court or clerk of court, but this prohibition does not require a court or clerk of court to enter into more than one agreement or contract with an electronic service provider.
Authored By: Rep. Wendell Willard (51st)
Rule Applied: Modified-Structured
Motions to Insist:(A motion to insist sends the bill back to the Senate for consideration.)
HB 205
Mining and drilling; regulate exploration and extraction of gas and oil; provisions
Bill Summary: This bill regulates the exploration and extraction of gas and oil in the state by amending the 'Oil and Gas and Deep Drilling Act of 1975'. Any oil and gas exploration to identify new sources of energy should not occur at the expense of the state's important natural resources, such as residential, municipal, and industrial supplies of fresh water. Additionally, the bill also defines hydraulic fracturing.
It also allows the Board of Natural Resources to delegate to the director of the Environmental Protection Division the authority to create an Oil and Gas Board to review and issue permits and to regulate drilling activity. The Oil and Gas Board, which can only be created after receiving at least 12 applications in a calendar year for any permit to drill any well, will consist of the state geologist and three other members appointed by the governor.
The Board of Natural Resources will also have the power to create rules establishing procedures for the restoration and reclamation of well sites. The board also must adopt regulations governing hydraulic fracturing operations by July 1, 2018. These regulations include, but aren't limited to, creating public notices for any applications for any hydraulic fracturing permits, identification of groundwater sources within one-half mile of any proposed wellhead, and the disclosure of the contents of fluids used in hydraulic fracturing projects to the director and the commissioner of public health. This includes provisions which may allow for the withholding of trade secrets. Anybody wishing to drill a well, other than one that will produce fresh water, has to apply with the director of the EPD and pay $500 for a permit.
The director shall issue a public notice for the permit application within 30 days of receiving the application. Following a 30-day public comment period, the director will also have to notify the public of the final permit decision. The bill also defines permit requirements.
Additionally, the bill has a clause stating that the bill will not limit the authority of local governments to adopt local zoning or land use ordinances limiting the location or timing of the activities defined in the bill for the purposes of protecting natural resources or human health and welfare.
Moreover, a severance tax of three cents per barrel of oil and one cent per thousand cubic feet of gas shall be levied on oil or gas removed from the ground by an extractor. The governing authority of
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each county or municipality can enact local ordinances or resolutions to levy its own severance tax, which can't exceed nine cents per barrel of oil or two cents per thousand cubic feet of gas.
Authored By: Rep. John Meadows (5th)
Rule Applied: Modified-Structured
Motions to Insist:(A motion to insist sends the bill back to the Senate for consideration.)
HB 222
HOPE; members of Georgia National Guard and reservists meet residency requirement; provide
Bill Summary: HB 222 allows a member of the Georgia National Guard or a member of a reserve component of the armed forces of the United States located in Georgia to be classified as a legal resident under eligibility requirements for HOPE scholarships and grants.
Authored By: Rep. Shaw Blackmon (146th)
Rule Applied: Modified-Structured
Motions to Insist:(A motion to insist sends the bill back to the Senate for consideration.)
HB 329
Income tax; rate of tax imposed on the taxable net income of individuals; modify
Bill Summary: House Bill 329 amends 48-7, relating to imposition, rate, and computation of and exemptions from income taxes, by reducing the tax rate for the top tax bracket to 5.65 percent, requiring the Department of Revenue to annually publish an inflationary index rate related to the inflation or deflation of the cost-of-living of residents of Georgia, and to adjust the personal exemptions, standard deductions, and tax brackets according to the published inflationary index rate.
The bill also amends the definition of "dealer" in 48-8-2, relating to state sales and use tax, to include any person who, in the previous calendar year, obtains gross revenue exceeding $250,000 or conducts 200 or more separate transactions from the sale of tangible personal property that is physically or electronically delivered into this state. The bill also allows the Department of Revenue to bring an action for declaratory judgment in any superior court against any person the department believes meets the amended definition of dealer. The bill also amends 48-8-30 by defining the term "delivery retailer" to mean any retailer that, in the previous calendar year, obtains gross revenue exceeding $250,000 or conducts 200 or more separate transactions from the sale of tangible personal property that is physically or electronically delivered into this state. The bill further states that a delivery retailer must either collect and remit sales tax or notify the purchaser that sales or use tax may be due to the State of Georgia on the purchase, send a sales and use tax statement to all purchasers whose purchases during the calendar year totaled $500 or more, and submit a copy of all sales and use tax statements to the Department of Revenue by January 31 of each year. The sales and use tax statement must be on a Department of Revenue form and include the total amount paid by the purchaser for retail sales by the delivery retailer during the previous year, the dates of the purchases, the amounts of each purchase, the category of each purchase, whether the purchase is exempt from taxation, and the following statement: "Sales or use taxes may be due to the State of Georgia on the purchase(s) identified in this statement as Georgia taxes were not collected at the time of purchase. Georgia law requires certain consumers to file a sales and use tax return remitting any unpaid taxes due to the State of Georgia." Penalties for failing to comply with these requirements are $5.00 per occurrence for failing to notify the purchaser prior to completing the transaction, $10.00 per occurrence for failing to send a sales and use statement to the purchaser, and $10.00 per occurrence for failing to file a copy of the sales and use statement with the Department of Revenue.
Authored By: Rep. Jay Powell (171st)
Rule Applied: Structured
Motions to Insist:(A motion to insist sends the bill back to the Senate for consideration.)
SB 3
"Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act"; enact
Bill Summary: Senate Bill 3 enacts the 'Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act'. The at amends and expands Title 20 to provide for industry credentialing for students who complete focused programs of study. This legislation adds "energy" to the current list of focused programs and allows local school systems, charter schools, and college and career academies to develop and submit additional pathways for consideration by the State Board of
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Education. The State Board of Education shall establish a competitive grant for renovation, modernization, replacement, or purchase of equipment for industry certified programs and those in the process of achieving certification, with grant priority given to chronically low-performing high schools.
This legislation also allows registered or certified local law enforcement to use an automated traffic enforcement safety device or a stationary speed detection device within a school zone. This device may be capable of taking still photos or videos and can detect speed from these images. Law enforcement employing this technology will be required to erect signs warning drivers of the detection device, and data or image collected is not public information. Fines are $125 for the violation plus a fee for the processing of the fine which shall not exceed $25.
Authored By: Sen. Lindsey Tippins (37th)
Rule Applied: Modified-Open
Motions to Insist:(A motion to insist sends the bill back to the Senate for consideration.)
SB 71
Bankruptcy; list of property that is exempt; add assets in health savings accounts and medical savings accounts
Bill Summary: This bill instructs all Georgia postsecondary institutions to report any information reasonably believed pertinent to a felony crime committed by an enrolled student, in or on properties overseen by the institution, to law enforcement officials. If the felony involves an alleged sexual assault, no information identifying the victim shall be provided in the report without the consent of the victim.
The law enforcement agency determines whether to investigate the alleged criminal offense and report any findings to the appropriate prosecutor's office. No investigation of the alleged offense should be undertaken by the postsecondary institution unless the investigation is conducted by a campus law enforcement agent that is POST certified. This bill does not require a victim of an alleged sexual assault to cooperate with law enforcement in any investigation or to participate in any subsequent prosecution.
Each postsecondary institution is expected to meet its duty of care to protect the campus community as required by law. The postsecondary institution may pursue interim measures or formal disciplinary actions against any student for any violation of its code of conduct based on general disciplinary processes for students. Before any disciplinary actions are taken, the accused student must be provided the opportunity of a hearing and afforded due process protections. Furthermore, no disciplinary investigation shall obstruct or prejudice an ongoing criminal investigation. Postsecondary institutions are not allowed to force a victim of an alleged sexual assault to cooperation in any disciplinary investigation or to participate in any subsequent disciplinary proceedings; however, no disciplinary proceedings based upon an alleged sexual assault shall be conducted by a postsecondary institution without the participation of the victim of such alleged sexual assault.
Authored By: Sen. Jesse Stone (23rd)
Rule Applied: Modified-Structured
Motions to Insist:(A motion to insist sends the bill back to the Senate for consideration.)
Motions to Agree
HB 5 Courts; compensation of juvenile court judges; change provisions
Bill Summary: HB 5 increases the grants to counties for full-time and part-time juvenile court judges to $100,000.
Authored By: Rep. Johnnie Caldwell (131st)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
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HB 76
Superior courts; change certain requirements and certifications for certain maps, plats, and plans for filing with clerk; provisions
Bill Summary: House Bill 76 amends requirements and certifications for certain maps, plats, and plans to be filed in Superior Court with the clerk of the court. Each map or plat page image shall have certain required information that complies with the minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors. The submission shall also include the county where the property lies; the name of the property owner or owners as stated on the most current or applicable title instrument; type of plat; the subdivision where it lies or is being created; the contact information for the land surveyor; a certificate from the land surveyor that the plan meets the current specifications for filing with the clerk of the court, and other relevant information. The image attached in the filing information box must be no less than a three-inch square. Further, the bill provides that all the images shall be an electronic image, which is certified and presented to the clerk in conformance with all specifications set forth in any rules and regulations promulgated by the Georgia Superior Court Clerk's Cooperative Authority. The clerk shall electronically note information, such as the filing date, book, and pages numbers on the image, as well as transmit a copy of the map, plat, or plan with the filing information to the e-mail address of the person filing. The bill also provides a form for surveyor certification.
Authored By: Rep. Rick Jasperse (11th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 87
Corporations, partnerships, and associations; multiple-year registrations for certain types of business organizations; provide
Bill Summary: This bill provides for multiple-year registrations with the Secretary of State for certain types of business organizations, such as corporations and limited-liability companies. The bill also allows for the adoption of rules and regulations by the Secretary of State as necessary to implement the multiple-year registration process. The annual registration requirement found in the mentioned Code sections are valid for up to and including three years. The bill also allows for nonprofit corporations organized in a foreign jurisdiction to change jurisdiction of organization to this state. It also allows for a non-profit corporation organized in this state to change its jurisdiction of organization to a foreign jurisdiction.
Authored By: Rep. Brad Raffensperger (50th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 92
Insurance; automobile or motorcycle policies; expand definition of policy
Bill Summary: House Bill 92 modifies the definition of policy as it relates to the cancellation or nonrenewal of automobile or motorcycle polices to include policies issued by the same insurer.
Authored By: Rep. John Carson (46th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 125
Sales and use tax; certain tangible personal property sold or used to maintain a boat; create exemption
Bill Summary: House Bill 125 amends 48-8-3, relating to exemptions from state sales and use taxes, by capping the amount of sales tax due on the repair, refit, or maintenance of a boat to $35,000 per event. The bill sunsets on June 30, 2025.
Authored By: Rep. Ron Stephens (164th)
Rule Applied: Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 134
Sales and use tax; special district mass transportation; provisions
Bill Summary: House Bill 134 provides for single county T-SPLOST reforms. The bill removes the definition of "mass transportation regional system participant" allowing the use of single county TSPLOSTs to fund state transportation projects in section 48-8-250. Section 2 of the bill, relating to
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special districts and imposition of such tax, is amended by removing the start dates of July 1, 2016 and July 1, 2017 for when a referendum can be called and allows for more than one single county TSPLOST to be levied at the same time, as long as the total amount doesn't exceed one percent. After January 1, 2018 the bill does not allow a regional T-SPLOST and a single county T-SPLOST to be on the ballot at the same time. Qualified municipalities are allowed to issue general obligation debts relating to a T-SPLOST.
Authored By: Rep. James Epps (144th)
Rule Applied: Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 136
Drivers' licenses; demarcation of a valid driver's license, permit, or identification card; provide
Bill Summary: House Bill 136 allows persons seeking to obtain or renew a driver's license, learner's permit, or state-issued identification to keep their old card. They must surrender it to Driver's Services (DDS) when making application; DDS will note on the old card that it is no longer valid, and it will be returned to the customer. This is necessary because Homeland Security will no longer accept temporary identification cards at their security check points.
It further provides that blind parents no longer have to show proof they have previously held a driver's license in order for their child to be issued a blind parent permit.
It raises the fee for an eight-year commercial driver's license from $20 to $32 to put it in parity with a standard driver's license.
It authorizes the commissioner of DDS to contract with a debt collection agency or an attorney to assist in the collection of delinquent fees owed the state.
Finally, it clarifies the law as it relates to the class of driver's license required for three-wheel motor vehicles. It provides that operators of three-wheel motor vehicles, which are controlled by a steering wheel rather than handlebars, are required to obtain a standard Class C license and not a Class M (motorcycle) license.
Authored By: Rep. Amy Carter (175th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 138
Superior courts; fifth judge of the Northeastern Judicial Circuit; provide
Bill Summary: This bill amends Code Section 15-6-2(26) to add a fifth superior court judge to the Northeastern Circuit. The additional judge will be appointed by the governor for a term continuing through December 31, 2020 and until his or her successor is elected. The judge has the same powers, duties, dignity, jurisdiction, privileges, and immunities as other superior court judges, and is authorized to employ court personnel as his or her counterparts in the Northeastern Circuit. The election will be in 2020 and the term, starting January 1, 2021, will be for four years.
Authored By: Rep. Lee Hawkins (27th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 139
Education; provide transparency of financial information of local school systems and schools; provisions
Bill Summary: House Bill 139 requires the Department of Education to post certain school-level budget and expenditure information, excluding information made confidential by law, on its website.
The purpose of this legislation is to promote transparency within public schools. The type of information required includes, but is not limited to the cost of: materials; salary and benefit expenditures; professional development; facility maintenance and small capital projects; new construction or major renovations on a cost-per-square-foot; the annual budget of the local board; annual audits; per student expenditures, and findings of irregularities or budget deficits by the Department of Audits.
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This legislation also authorizes the Department of Education to create a unique identifier for students whose parent or guardian is an active-duty military service member or reserve member of the National Guard. The federal government already uses a unique identifier to monitor the educational needs of these military students and this legislation mirrors the federal identifier. A unique identifier can ensure the student's teachers, counselors, and other relevant school employees are able to take note that this student may require additional services since this student has likely spent most, if not all, of their educational career in multiple locations.
Authored By: Rep. D. C. Belton (112th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 154
Dental hygienists; perform certain functions under general supervision; authorize
Bill Summary: HB 154 authorizes licensed dental hygienists to perform application of sealants, oral prophylaxis, fluoride treatment, oral hygiene education, processing of radiographs, and any protocols regarding urgent dental issues that arise under the general supervision of the authorizing licensed dentist.
Licensed dental hygienists shall perform their duties only if a licensed dentist is in the dental office or treatment facility, personally diagnoses the condition to be treated, personally authorizes the procedure and remains in the dental office or treatment facility while the procedure is being performed by the dental hygienist, and before dismissal of the patient.
No licensed dental hygienist shall diagnose, prescribe, determine the initial dosage, or increase the initial dosage of nitrous oxide, practice dentistry, or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the surfaces of the teeth and practices that are prescribed by rule or regulation.
The requirement of direct supervision shall not apply to the educational training of dental hygiene students at an institution approved by the board and the Commission on Dental Accreditation of the American Dental Association, or its successor agency, when such instruction is carried out under such degree of supervision by a licensed dentist. Direct supervision shall not apply to the performance of dental hygiene duties at approved dental facilities of the Department of Public Health, county boards of health, or the Department of Corrections or the performance of dental hygiene duties by personnel of the Department of Public Health or county boards of health at approved offsite locations.
Dental screenings in schools, volunteer community health settings, senior centers, family violence shelters hospitals, clinics, state, county, local and federal public health programs will not require direct supervision.
Authored By: Rep. Sharon Cooper (43rd)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
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 5 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 and the credits are not refundable, transferrable, or saleable. 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, 2023.
Authored By: Rep. Amy Carter (175th)
Rule Applied: Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
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HB 198
Elementary and secondary education; influenza vaccine; provide information
Bill Summary: House Bill 198 amends Code Section 20-2-778, known as the 'Cory Joseph Wilson Act', by requiring school systems to include information relating to influenza and its respective vaccines if, and only if, the school system already provides information on immunizations, infectious diseases, medications, or other school health issues. The information shall include a description of causes, symptoms, and means of transmission, a list of sources for additional information, and related recommendations issued by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention.
This legislation also amends Code Section 50-12-80 to transfer the Georgia Commission on Women to the Department of Public Health for administrative purposes.
Authored By: Rep. Katie Dempsey (13th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 206
The Pharmacy Audit Bill of Rights; certain audits conducted by the Department of Community Health; remove exception; provisions
Bill Summary: This bill amends 'The Pharmacy Audit Bill of Rights' and removes an exception relating to faults in certain audits conducted by the Department of Community Health. Any clerical or unintentional error in billing, coding, or required documentation shall not constitute fraud for the medical assistance provided. No such claim shall be subject to criminal penalties without proof of intent to commit fraud. A provider of medical assistance shall be allowed 30 days following notice to the provider of an error or incomplete documentation identified pursuant to an audit or review in order to correct such miscalculation. A provider of medical assistance shall be given the right to a hearing for any attempted withholding of reimbursement or earning by the department or its agents if it correlates to an error, omission, or incomplete documentation relating to the provision of medical assistance.
Authored By: Rep. Trey Kelley (16th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 208
Game and fish; boat registration fees and additional methods for reporting the sale of boats; revise
Bill Summary: HB 208 revises the license fees and requirements associated with all hunting and fishing licenses. Changes include increases to fees for most hunting, trapping, and fishing licenses, as well as converting all three-day hunting and fishing licenses to one-day licenses that allow for the purchase of additional days at a reduced rate.
HB 208 makes further changes to fees and requirements for commercial fishing boat licenses, including the addition of language for trawlers.
Authored By: Rep. Trey Rhodes (120th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 217
Income tax credit; certain scholarship organizations; increase amount of the aggregate cap on contributions
Bill Summary: House Bill 217 amends 48-7-29.16, relating to the qualified education tax credit, by raising the cap for 2018 from $58 million to $65 million and adding that in 2019 and beyond the cap will increase by 10 percent per year if the program is fully subscribed during the previous year; the program may never exceed $100 million. The total amount of tax credits for C corporations, trusts, or other similar entities is capped at 25 percent of the program total. The application period is set for the first 10 business days of each year. Tax credits will be awarded on a prorated basis after the close of the application period. If the program is not fully subscribed at the close of the application period, the remaining amount will be available on a first-come, first-served basis. Each student scholarship organization is required to submit an annual report showing all fees and assessments retained by the organization during the prior year.
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Authored By: Rep. John Carson (46th)
Rule Applied: Structured
Motions to Agree:(A motion to agree as amended sent this bill back to the Senate for consideration.)
HB 237
Public Education Innovation Fund Foundation; receive private donations for grants to public schools; provisions
Bill Summary: House Bill 237 allows the Office of Student Achievement to incorporate non-profit corporations as public foundations by establishing the Public Education Innovation Fund Foundation. The foundation may receive donations to provide grants to public schools for the implementation of academic and organizational innovations to improve student achievement. Funds will be awarded through a competitive grant process. The foundation must submit a report to the Department of Revenue by January 12th each year which includes the total number and dollar value of approved individual and corporate donations and tax credits, the total number and dollar amount of grants awarded, and a list of donors and the amount donated by each donor. Individual taxpayers are allowed a credit of up to $1,000 per year for single individuals or a head of household, up to $2,500 per year for a married couple filing a joint return, and up to $10,000 per year for an individual who is a member of a limited-liability company, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership. A corporation is allowed a credit in an amount not to exceed the amount donated or 75 percent of the corporation's income tax liability, whichever is less. The aggregate amount of credits, which are allowed on a first-come, first-served basis, is capped at $5 million per year and the bill has sunset of December 31, 2020.
Authored By: Rep. Brooks Coleman (97th)
Rule Applied: Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 250
Foster homes; employee with satisfactory fingerprint records check in past 24 months exempt from additional background check; provide
Bill Summary: HB 250 allows an adult who is providing short-term foster care for a child to submit evidence that he/she has received a satisfactory background and finger print records check within 12 months in lieu of completing the standard application process.
Authored By: Rep. Mandi Ballinger (23rd)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 343 Criminal procedure; certain outdated terminology; replace
Bill Summary: HB 343 replaces the outdated term "mental retardation" in the Code with "developmental disability" where developmental disability has the exact same meaning.
Authored By: Rep. Scott Hilton (95th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 413
Public utilities; regulation of certain matters pertaining to rural telephone cooperatives; provisions
Bill Summary: SB 191 amends Titles 12 and 22 of the Code to provide for the regulation and permitting of petroleum pipelines. It also provides for the issuance of certain permits by the director of the Environmental Protection Division (EPD). Additionally, it provides for the creation of rules and regulations by both the Department of Natural Resources and the Department of Transportation. Conditions on the use of eminent domain for new construction and extension of petroleum pipelines are also placed in the bill.
On or after July 1, 2017, any construction of a new petroleum pipeline or an extension in this state shall require a permit from the director of the EPD, regardless of whether the company will use eminent domain. The bill also states what the application requirements are for a permit. Within 10 days of applying for a permit, the applicant must provide public notice in the legal organ of each county through which the proposed route/extension will go and a written notice to all landowners
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whose property is within 1,000 feet of the route/extension. The bill also delineates what the EPD director must consider before granting a permit.
Any person who has been aggrieved or adversely affected by an action or decision made by the director shall have right to a hearing before an administrative law judge appointed by the Board of Natural Resources. That hearing shall only be available if the person affected filed a petition within 30 days after the director's order or action.
The Board of Natural Resources shall announce rules and regulations to enforce the above-mentioned information no later than July 1, 2018. Some of those rules include the submission of a permit application, and provisions for its review process shall not exceed 150 days. Additionally, provisions for a nonrefundable application fee shall be sufficient to defray the administrative costs of review of the application by the EPD.
The bill also states petroleum pipeline companies are allowed to acquire property through eminent domain for expansion, extension, maintenance, or construction of a new petroleum pipeline. However, a company shall not exercise the power of eminent domain for new pipelines or extensions unless a certificate of public convenience and necessity is issued by the commissioner of transportation and a permit is issued by the director of EPD. No certificate is needed if the company is exercising eminent domain for the purpose of maintenance or expansion. The bill also describes what an application for a certificate of public convenience and necessity needs to contain. Within 10 days of applying for that certificate, public notice and written notice to property owners located within the proposed route of the new pipeline or extension is required. The bill also states what the commissioner of transportation will consider before granting a certificate of public convenience and necessity.
No later than July 1, 2018, the Department of Transportation will announce rules and regulations to enforce this Code section.
Before threatening or proceeding to use eminent domain, the petroleum pipeline company shall deliver a written notice to each landowner whose property may be condemned.
Authored By: Rep. Don Parsons (44th)
Rule Applied: Modified-Open
Motions to Agree:( A motion to agree as amended sent this bill back to the Senate for consideration.)
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 charter to the State Charter Schools Commission.
The Department of Education shall make sure each local charter school receives its proportionate share of federal funds from its local school system.
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)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
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.
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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)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
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.
The bill also creates the offense of domestic terrorism. Domestic terrorism is any felony offense or attempt to commit a felony intended to cause serious bodily harm, kill, or disable or destroy critical infrastructure, which is intended to intimidate the civilian population or coerce the policy of the government. The punishment for domestic terrorism where a death occurs is death or imprisonment for life. The punishment for domestic terrorism where a kidnapping occurs is imprisonment for no less than 15 nor more than 35 years or imprisonment for life. The punishment for domestic terrorism where serious bodily harm occurs is imprisonment for no less than 15 nor more than 35 years. The punishment for domestic terrorism where critical infrastructure is disabled or destroyed is imprisonment for no less than 5 nor more than 35 years. Furthermore, any punishment for domestic terrorism shall not be suspended, stayed, probated or differed unless, in the court's discretion and with agreement of the prosecution and the defense, the sentence is suspended, stayed, probated or differed. This legislation also updates the definition of bacteriological weapon and biological weapon. Moreover, HB 452 directs the Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center to establish guidelines and procedures for the purpose of identifying and combating domestic terrorism.
Authored By: Rep. Jesse Petrea (166th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
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.
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Finally, the bill allows manufacturers to exercise contractual right of first refusal under certain conditions.
Authored By: Rep. Jason Shaw (176th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
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 when traveling as a coordinated platoon. A "coordinated platoon" means a group of vehicles traveling in the same lane and utilizing vehicle to vehicle communications technology to automatically coordinate the movement of such vehicles.
Authored By: Rep. James Epps (144th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
HB 594 Lawrenceville, City of; provide a new charter; provisions Bill Summary: HB 594 provides for a new charter for the city of Lawrenceville.
Authored By: Rep. Chuck Efstration (104th)
Rule Applied:
Motions to Agree:(A motion to agree represents final passage of the bill.)
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 ' 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 ' 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 ' Lee Hawkins A resolution dedicating the intersection of Beechwood Blvd., NW and SR 53/Dawsonville Highway in Hall County as the Officer Henry Tilman Davis Memorial Intersection.
HR 228 ' 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 ' 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 - 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 ' 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 ' Jan Tankersly
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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 ' 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.
SR 134 ' Marty Harbin SR 134 dedicates the portion of the 1702 North Expressway (US 19/41) from Lucky Street to Leprade Road in Spalding County as the Officer Kevin Jordan Memorial Highway.
SR 274 ' Lee Anderson SR 274 dedicates the portion of Georgia Highway 47 in Lincoln County from the intersection of GA 43 and GA 47 in the city limits of Lincolnton to the intersection of GA 47 and GA 220 in Cliatt Crossing as the Ben Barron Ross Memorial Highway.
SR 276 ' John Wilkinson SR 276 dedicates the bridge on Highway 17 across the Hiawassee River in Towns County as the Brown-Mauldin Bridge.
SR 313 ' Jeff Mullis SR 313 dedicates the intersection of Highway 193 and Highway 136 in Cooper Heights as the PFC Roland E. Rush Memorial Intersection.
SR 314 ' Jeff Mullis SR 314 dedicates the portion of State Route 11/US 41 from the State Route 247 Connector North to State Route 49 in Peach County as the Cooley-Conlon Highway.
SR 331 ' Jeff Mullis SR 331 dedicates the portion of Highway 136 in Walker County as the CPL Dennis "Denny" R. Wallin, USMC Memorial Highway.
SR 355 ' Donzella James SR 355 dedicates the portion of Northside Drive from Bankhead Highway to Ralph Abernathy Boulevard in Fulton County as the Claude Edgar and Bertha Catlin Johnson Drive.
SR 383 ' Brandon Beach SR 383 dedicates the portion of Milton Parkway from GA 400 to Highway 9 in Fulton County as the John Smoltz Highway.
SR 390 ' Lindsey Tippins SR 390 dedicates the portion of State Route 120 in Cobb County from Barrett Parkway to the Paulding County line as the Charles Kastner Memorial Highway.
SR 426 ' Jeff Mullis SR 426 dedicates the portion of State Route 103 from the Harris/Troup County line to State Route 219 in Harris County as the Jeff Foxworthy Highway.
SR 450 ' Ellis Black SR 450 dedicates the portion of State Route 31 from the intersection of I-75/SR 401 to the intersection of State Route 7/US 41 in Lowndes County as the Deputy John Hall Rowe, Jr., Memorial Highway.
Unnumbered Reso ' Bill Heath This language dedicates the portion of Georgia Highway 120 in Haralson County between Corinth Church and Rose's Store as the Veterans' Memorial Highway.
House Resolution 659 ' Wayne Howard
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HR 659 dedicates the portion of Highway 25 between Lumpkin Road and I-520 in Richmond County as the Bernard F. Miles Memorial Highway.
Unnumbered Reso ' Brandon Beach This language dedicates the portion of South Fulton Parkway located in Fulton County as the Aerotropolis Corridor.
Authored By: Rep. Jason Spencer (180th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
SB 14
State Income Taxes; rural hospitals income tax credit; clarify the amount of an exemption for certain entities under the contributions
Bill Summary: Senate Bill 14 amends 31-7-94, relating to grants to hospital authorities, by including rural hospital organizations as an authorized recipient of these grants. "Rural hospital organization" is defined in the same manner as in 31-8-9.1, relating to tax credits for donations to certain rural hospitals.
Authored By: Sen. Dean Burke (11th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
SB 88
'Narcotic Treatment Programs Enforcement Act'
Bill Summary: Senate Bill 88 provides for the regulation of narcotic treatment programs. The 'Narcotic Treatment Programs Enforcement Act' applies to any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration.
The Department of Community Health is authorized and directed to create all rules and regulations necessary for narcotic treatment programs. The department shall establish an information forum for potential applicants no less than 14 days prior to the start of an open enrollment period, which shall be held December 1, 2017 through December 31, 2017, to accept applications for narcotic treatment. It is mandatory for a representative of the applicant to attend the information forum. Failure to attend and comply with this record of attendance requirements shall disqualify any applicant from consideration during open enrollment. The Department of Community Health will also establish an application review process committee that consists of staff and the Department of Behavioral Health and Developmental Disabilities.
The Department of Community Health shall issue up to four licenses per region to a governing body for any narcotic treatment program which meets all the rules and regulations; however, the department shall establish a review process to determine if a waiver should be granted to allow any additional licensed narcotic treatment programs in a region. The department shall have full authority to determine the requirements for a waiver to be considered for review.
Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program. Narcotic treatment programs shall not provide temporary discounted financial incentives to a potential patient that do not conform to the schedule of fees established by the department's rules and regulations. To prevent simultaneous enrollment of a patient in more than one program, all programs shall comply with the policies and participate in the central registry operated by the Department of Behavioral Health and Developmental Disabilities.
Authored By: Sen. Jeff Mullis (53rd)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
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SB 121
"Jeffrey Dallas Gay, Jr., Act"
Bill Summary: SB 121 is the 'Jeffery Dallas Gay Jr. Act' which allows for the opioid antagonist Naloxone, with a minimum strength, to be sold over the counter without a prescription. The state health officer is allowed to issue a standing order to prescribe opioid antagonists on a statewide basis and every pharmacist in the state is required to retain a copy of said order.
Authored By: Sen. Butch Miller (49th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
SB 147
Cemetery and Funeral Services; unitrust distribution method provisions; permit a cemetery to request a trustee
Bill Summary: SB 147 expands the type of distribution that a cemetery can make from the required irrevocable trust fund to include the unitrust distribution payment method. The bill also gives authority to the Secretary of State to limit or prohibit any unitrust distributions where the investment practices have not resulted in sufficient protection of the perpetual care trust fund.
Authored By: Sen. Michael Williams (27th)
Rule Applied: Modified-Open
Motions to Agree:(A motion to agree represents final passage of the bill.)
SB 180
Hospital Care for the Indigent; additional reporting requirement for rural hospitals; provide
Bill Summary: Senate Bill 180 amends 31-8-9.1, relating to tax credits for donations to rural hospitals, by requiring the report submitted by the rural hospital organization to the Department of Revenue to show all contributions received from individual and corporate donors and the manner in which those funds were utilized, as well as any payments made to a third party to solicit, administer, or manage the donations, which the bill limits to no more than three percent of the amount donated. Also, the definition of "rural county" is revised by raising the population limit from 35,000 to 50,000. The bill increases the amount of the tax credit from 70 to 90 percent of the donation or $5,000 per year for individuals, $10,000 per year for married couples, and 75 percent of a corporation's income tax liability, whichever is less. This bill flattens the tax credit cap at $60 million for 2017, 2018, and 2019. Upon the rural hospital organization's confirmation of receipt of donations, a taxpayer who has been pre-approved to receive the income tax credit will receive the credit even if the rural hospital organization does not file the appropriate reports with the Department of Revenue.
Authored By: Sen. Dean Burke (11th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
SR 228 Property Conveyance; authorize 18 counties
Bill Summary: SR 228 is a conveyance resolution for properties located in 18 counties, conveying property owned by the State of Georgia or amending those conveyances, as follows:
Article 1 conveys approximately 1,966 acres in Baldwin County at the Central State Hospital campus, which is under the custodies of the Georgia Department of Behavioral Health and Developmental Disabilities and the Georgia Department of Corrections, to the Central State Hospital Local Redevelopment Authority for a consideration of $10 in accordance with that valuation of buildings and real property conducted by the Georgia Department of Behavioral Health and Developmental Disabilities and State Properties Commission staff.
Article 2 conveys approximately 10.6 acres in Baldwin County (known as the Oconee District Office) under the custody of the Georgia Forestry Commission, by competitive bid for fair market value, or to a local government or State entity for fair market value; or to a local government or State entity for a consideration of $10 so long as the property is used for public use.
Article 3, to settle all disputes of ownership, conveys approximately 174 diked-acres of marsh island in Camden County (known as Raccoon Key) to Mapache, LLC in exchange for a quitclaim deed from Mapache of approximately 1,546 acres of marshlands. Mapache will seek a mitigation bank permit on the 174 acres and 15 percent of each credit release will go the state (1/3 of those credits available after
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10 years). The state will also receive immediate use stipulations on approximately 105 acres and conveyance back to the state of 69 acres if a mitigation bank is not approved.
Article 4, to settle all disputes of ownership of the property in Chatham County and all present and former littoral, wharfing, and other rights, interests, and privileges in and to the property and adjoining tidally influenced water bottoms and tidal waters, conveys to MMA/PSP Savannah River, LLC 57.76 acres of marshlands and tidally-influenced water bottoms for the consideration of fair market value or exchange of real property or a combination thereof including a strip of land measuring not less than three feet in width adjoining the sheetpile bulkhead.
Article 5 conveys approximately 16.14 acres in Clinch County, previously known as the Homerville State Prison (under the custody of the Georgia Department of Corrections) by competitive bid for fair market value, or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10 so long as the property is used for public use.
Article 6 conveys approximately 16.14 acres in Coffee County (previously known as the Homerville State Prison) under the custody of the Georgia Department of Corrections, by competitive bid for fair market value, or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10 so long as the property is used for public use.
Article 7 conveys approximately 20.72 acres in Crawford County (described as the former Crawford County Center of the Central Georgia Technical College) under the custody of the Technical College System of Georgia (TCSG) by competitive bid for fair market value, or to a local government or state entity for fair market value; or to a local government of state entity for a consideration of $10 so long as the property is used for public use with terms of a lease back to TCSG of 3,200 square feet of the 20,000 sq. ft. building for $10 per year to continue operating at the location.
Article 8 conveys approximately 5.03 surplus acres in Dougherty County (formerly the Department of Juvenile Justice's Albany Regional Youth Detention Center) to the Board of Regents of the University System for $10 with reversion to the state if the board discontinues its use; or by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10 for public purpose use.
Article 9 conveys and releases the public purpose use restriction and reversionary interest over approximately 3.56 acres in Fannin County (of the former Blue Ridge State Farmer's Market) conveyed to the City of Blue Ridge on November 29, 2007, for the consideration of $14,000.
Article 10 conveys approximately 2 acres (an office and warehouse) under the custody of the Georgia Department of Natural Resources, to Gordon County for $10 so long as the property is used for public use, or by competitive bid for fair market value, or to a local government of state entity for fair market value, or to a local government or state entity for a consideration of $10 so long as the property is used for public use.
Article 11 conveys to the Georgia Department of Transportation approximately 0.253 of an acre in Hall County (a portion of the 3.07 acres State Patrol Post 6) for $22,072 fee simple, $15,000 for site improvements, and $103,345 for cost-to-cure to replace the septic system and water vault; or by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10 for public purpose use.
Article 12 conveys approximately 84.74 acres in Houston County (known as the Robins Air Force Base Buffer Project) to the Central Georgia Joint Development Authority as a buffer and to protect it from any Base Realignment and Closure Commission citations for Robins Air Force Base for fair market value or exchange of real property or a combination thereof.
Article 13 conveys approximately 0.453 of an acre in Lincoln County (commonly known as the Lincoln County Unit) under the custody of the Georgia Forestry Commission by competitive bid for fair market value, or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10 so long as the property is used for public use.
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Article 14 conveys approximately 14.7 acres in Muscogee County (formerly known as the Columbus Farmers Market) under the custody of the Georgia Department of Agriculture by competitive bid for fair market value; or to a local government or state entity for a consideration of $10 so long as the property is used for public purpose; or to a local government or state entity for the payment of fair market value or exchange of real property, or a combination thereof.
Article 15, after the reversion of approximately 4.67 acres (formerly known as the Donalsonville Farmers Market) from Seminole County to the custody of the Georgia Department of Agriculture, conveys the property to the City of Donalsonville for a consideration of $10 so long as the property is used for public use, or by competitive bid for fair market value, or to a local government of state entity for fair market value, or to a local government or state entity for a consideration of $10 so long as the property is used for public use.
Article 16 conveys approximately 4.6 acres in Tattnall County (commonly known as the former Tattnall Institute Building and the Allied Health Building and parking area at Southeastern Technical College-Glennville Campus) under the custody of the Technical College System of Georgia to the Tattnall County Industrial Development Authority for a consideration of $10 and the economic benefit to the state as defined by the Department of Economic Development.
Article 17 leases to Washington County approximately 3,000 square feet under the custody of the Technical College System of Georgia as a 9-1-1 call center for $10 per year for 20 years and payment of its prorated share of expenses for utilities and maintenance of the approximately 16,875 square foot building located on approximately 45.6 acres, which was recently conveyed by the County to the State as the Oconee Fall Line Technical College in Sandersville.
Article 18 conveys by quitclaim deed approximately 15 acres in Worth County to the Board of Regents of the University System of Georgia for $10 for title clearing purposes, as the same property was transferred for use to the board by an Executive Order on December 12, 1966 from the custody of the Department of Natural Resources.
Article 19 leases the approximately 137.33 miles and accompanying rail corridor (of approximately 66 feet in width and 23 feet in height as improved with railroad tracks, with appurtenances, depots, sheds, buildings, bridges, sidings and spurs) known as the Western and Atlantic Railroad found in Bartow, Catoosa, Cobb, Fulton, Gordon, and Whitfield Counties in Georgia and Hamilton County in Tennessee, as described in the amended lease dated January 1, 1986 and as inventoried in the State Properties Commission records as Real Property Record 07352. A new lease to CSXT, Inc. will commence January 1, 2020 for a term of 50 years for a consideration of fair market value base rent of $12,100,000 at commencement and escalating at 2.5 percent compounded annually, provided that the base rent may be adjusted during the first year of the lease in order to account for expenses of the State Properties Commission related to lease negotiations, and 50 percent of the revenue generated from existing or new CSXT agreements, sub-leases, easements, of licenses on the leased property. The lease may not preclude the State from an authorized usage of the rail.
Authored By: Sen. Burt Jones (25th)
Rule Applied: Modified-Structured
Motions to Agree:(A motion to agree represents final passage of the bill.)
Motions to Disagree
HB 15 Courts; certain civil pleadings to be filed electronically; require Bill Summary: This bill amends pleading filing requirements to allow, but not 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 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
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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 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 or non-attorney 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. When an attorney files a pleading in a case via an electronic filing service provider, the attorney shall have also consented to being served electronically with future pleadings for that case, unless he or she files a rescission of consent.
The Judicial Council of Georgia shall make and publish in print or electronically such policies and procedures and rules as it deems necessary to carry out these e-filing provisions, and any clerk or the Council of Superior Court Clerks are authorized to submit for consideration and approval by the Judicial Council any policy or procedure it deems necessary to carry out these provisions. The clerks may also accept payments by electronic means, but no amount of the fee charged per transaction shall be remitted to the clerk, the Georgia Superior Court Clerks' Cooperative Authority, the Council of Superior Court Clerks of Georgia, or any other office or entity of the state or governing authority of a county or municipality. 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, and after such acceptance shall be publicly accessible for viewing at no cost to the viewer on a public access terminal available at the courthouse during regular business hours and no cost shall be imposed for remote electronic viewing. No court or clerk of court shall enter into any exclusive agreement or contract that prohibits more than one electronic filing service provider to serve a court or clerk of court, but this prohibition does not require a court or clerk of court to enter into more than one agreement or contract with an electronic service provider.
Authored By: Rep. Wendell Willard (51st)
Rule Applied: Modified-Structured
Motions to Disagree:(A motion to disagree sends the bill back to the Senate for consideration.)
HB 196
Income tax; exemption for royalties paid to musical artists; provide
Bill Summary: House Bill 196 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. Also, the bill revises 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.
Additionally, the bill amends 48-5-41, relating to property exempt from taxation, by expanding the property tax exemption on homes for the mentally disabled to allow for homes which are indirectly owned by limited-liability companies (LLCs), if the LLC's parent organization is a qualified 501(c)(3)organization under Internal Revenue Code, to be included.
The bill also 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
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Department of Veterans Affairs containing a retroactive period of eligibility, or their 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. Matt Dollar (45th)
Rule Applied: Modified-Structured
Motions to Disagree:(A motion to disagree sends the bill back to the Senate for consideration.)
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, disciplinary hearings, faculty and staff offices,as well as special spaces where high school students take classes. 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: Modified-Structured
Motions to Disagree:(A motion to disagree sends the bill back to the Senate for consideration.)
SB 4
"Enhancing Mental Health Treatment in Georgia Act"; Georgia Mental Health Treatment Task Force; establish
Bill Summary: SB 4 relates to medical assistance to establish the Georgia Mental Health Treatment Task Force. The Task Force will be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President of the Senate. Three members will be appointed by the Governor.
Also, the Georgia Mental Health Treatment Advisory Council will be composed of 21 nonvoting members to be appointed by the Governor to include the following: (1) The commissioner of community health or his or her designee; (2) The commissioner of behavioral health and developmental disabilities or his or her designee; (3) The commissioner of public health or his or her designee; (4) The commissioner of human services or his or her designee; (5) The commissioner of community affairs or his or her designee; (6) The commissioner of corrections or his or her designee; (7) The commissioner of community supervision or his or her designee; (8) The commissioner of public safety or his or her designee; (9) One board licensed psychiatrist in private practice; (10) One board licensed psychiatrist practicing in an acute care hospital that maintains in-patient psychiatric beds; (11) One board licensed psychiatrist practicing in a private free-standing psychiatric institution; (12) Two representatives each from two separate boards representing the state's community service boards; (13) One licensed psychologist; (14) One licensed social worker; (15) One licensed professional counselor; (16) Two active post certified members of law enforcement; (17) One consumer who has a mental illness diagnosis; (18) One family member of a consumer who has a mental illness diagnosis; and (19) One licensed emergency medical technician or paramedic.
The Task Force will examine the current mental health landscape in the state with particular attention to the number of residents affected by serious mental illness and substance abuse disorders and their
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health insurance coverage status, both public and private. The member will also evaluate whether the current Medicaid program provides adequate and effective mental health care services to the portion of the population suffering from, and at risk for, serious mental illness and substance abuse disorders. There will also be verification of the impact on the state's hospitals, emergency rooms, law enforcement, prisons, jails, and related institutions and services resulting from a lack of treatment of those with mental illness and substance abuse disorders. Finally, a report will be submitted to the General Assembly detailing the task force's findings and recommendations, including whether to submit a Section 1115 waiver application to the Department of Health and Human Services or apply for a block grant for the provision of services related to serious mental illness and substance abuse disorders.
Authored By: Sen. Renee Unterman (45th)
Rule Applied: Modified-Open
Motions to Disagree:(A motion to disagree sends the bill back to the Senate for consideration.)
Rules Calendar
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 5 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 and the credits are not refundable, transferrable, or saleable. 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, 2023.
Authored By: Rep. Amy Carter (175th) House Committee: Ways & Means
Floor Vote:
Yeas: 150 Nays: 17
Rule Applied: Committee Action: Amendments:
Structured 02-27-2017 Do Pass by Committee Substitute
HR 57
Joint Elementary and Secondary School Nutrition Programs Study Committee; create
Bill Summary: This resolution creates a House Elementary and Secondary School Nutrition Programs Study Committee to study and collect information on the overall condition of school nutrition programs in Georgia and to discuss opportunities for improvements to the state administration of these programs.
Authored By: Rep. Amy Carter (175th) House Committee: Special Rules
Floor Vote: Floor Action:
Yeas: 156 Nays: 1 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-15-2017 Do Pass by Committee Substitute
HR 240 Joint Study Committee on Reforming HIV Related Criminal Laws; create
Bill Summary: This resolution creates a Georgia House of Representatives study committee that will identify barriers to access for adequate health care particularly related to asthma, HIV, adult obesity, and low immunization rates.
Authored By: Rep. Sharon Cooper (43rd) House Committee: Special Rules
Floor Vote:
Yeas: 170 Nays: 3
Rule Applied: Committee Action: Amendments:
Modified-Open 03-22-2017 Do Pass by Committee Substitute
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Floor Action: Adopted (Resolution)
HR 282 House Study Committee on Distracted Driving; create
Bill Summary: This resolution creates the House Study Committee on Distracted Driving to determine if legislative changes are warranted to Georgia's rules of the road to further restrict the use of technologies while driving.
Authored By: Rep. John Carson (46th) House Committee: Special Rules
Floor Vote: Floor Action:
Yeas: 146 Nays: 12 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-15-2017 Do Pass
HR 284 House Study Committee on State and Local Construction Management; create
Bill Summary: This resolution creates the House Study Committee on State and Local Construction Management to determine the strengths and weaknesses of the construction management at-risk model versus the design, bid, and build model and other potential cost-saving processes.
Authored By: Rep. Dominic LaRiccia (169th) House Committee: Special Rules
Floor Vote: Floor Action:
Yeas: 160 Nays: 5 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-15-2017 Do Pass
HR 340 United States Congress; legislation on policies for hemp and marijuana; consider
Bill Summary: HR 340 is an urging resolution for the federal government to reschedule marijuana for the purpose of making it legal to research.
Authored By: Rep. Heath Clark (147th) House Committee: Judiciary Non-Civil
Floor Vote: Floor Action:
Yeas: 147 Nays: 15 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-21-2017 Do Pass by Committee Substitute
HR 482
Georgia Congressional Delegation; enact legislation with sole purpose of reestablishing a Nuclear Waste Program per the Nuclear Waste Policy Act; encourage
Bill Summary: This resolution encourages the Georgia Congressional Delegation to immediately enact legislation with the sole purpose of reestablishing a nuclear waste program pursuant to the 'Nuclear Waste Policy Act' because Georgia's citizens, along with the rest of the country's citizens, have paid over $39 billion into the Nuclear Waste Fund.
Authored By: Rep. Don Parsons (44th)
House Committee: Energy, Utilities &
Telecommunications
Floor Vote:
Yeas: 166 Nays: 1
Floor Action: Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-14-2017 Do Pass
HR 560
House Study Committee on Public Utility Payment Options for Customers in Need of Assistance; create
Bill Summary: This resolution creates the House Study Committee on Local Government Utility Payment Options for Customers in Need of Assistance. The committee shall be composed of five members of the House who will be appointed by the speaker. One of those members will be designated by the speaker to chair the committee. The committee is authorized to receive allowances for five meeting days. The committee shall stand abolished on December 1, 2017.
Authored By: Rep. Karla Drenner (85th) House Committee: Energy, Utilities &
Rule Applied: Committee
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Daily Report for March 30, 2017
Today on the Floor
Floor Vote: Floor Action:
Telecommunications Yeas: 162 Nays: 5 Adopted (Resolution)
Action:
Substitute
Amendments:
HR 561
Georgia higher learning institutions; adopt the American Council on Education criteria; recommend
Bill Summary: House Resolution 561 recommends that the higher education institutions of Georgia adopt the American Council on Education criteria which allows separating service members to count applicable military training and experience for academic credit toward degree requirements.
Authored By: Rep. Darrel Ealum (153rd) House Committee: Defense & Veterans Affairs
Floor Vote: Floor Action:
Yeas: 164 Nays: 0 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-20-2017 Do Pass by Committee Substitute
HR 629
House Study Committee on the Utilization and Modernization of the State Capitol and Other Buildings; create
Bill Summary: This resolution creates the House Study Committee on the Utilization and Modernization of the State Capitol and Other Buildings to examine whether the Georgia State Capitol, Coverdell Legislative Office Building, parking facilities and surrounding grounds, and the Governor's Mansion are being used efficiently in a manner that best serves the public and the employees who work in those buildings.
Authored By: Rep. Matt Hatchett (150th) House Committee: Special Rules
Floor Vote: Floor Action:
Yeas: 166 Nays: 1 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-22-2017 Do Pass
HR 634 House Study Committee on Civics Education in Georgia; create
Bill Summary: This resolution creates the House Study Committee on Civics Education in Georgia to evaluate whether a recommendation should be made to further strengthen Georgia's standards in civics education.
Authored By: Rep. Christian Coomer (14th) House Committee: Special Rules
Floor Vote: Floor Action:
Yeas: 170 Nays: 1 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-22-2017 Do Pass
HR 642
NOAA Fisheries; rescind closure of federal waters of offshore Georgia for the period from April 15, 2017 through May 31, 2017; recommend
Bill Summary: HR 642 urges the National Oceanic and Atmospheric Administration (NOAA) Fisheries to rescind the closure of federal waters off-shore Georgia from April 15, 2017 through May 31, 2017 to keep with the intent of the 'Magnuson-Stevens Act'.
Authored By: Rep. David Knight (130th) House Committee: Game, Fish, & Parks
Floor Vote: Floor Action:
Yeas: 168 Nays: 0 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-23-2017 Do Pass
HR 686 House Study Committee on Equitable Local Education Funding; create
Bill Summary: House Resolution 686 creates the House Study Committee on Equitable Local Education Funding to ensure an adequately and equitably funded education system in Georgia. The study committee will have three members of the House of Representatives to be appointed by the
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speaker of the House. The committee will stand abolished on December 1, 2017.
Authored By: Rep. Kevin Tanner (9th) House Committee: Education
Floor Vote: Floor Action:
Yeas: 150 Nays: 12 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-29-2017 Do Pass
HR 798 House Study Committee on Low-Income Housing Tax Credits; create
Bill Summary: This resolution creates the House Study Committee on Low-Income Housing Tax Credits.
Authored By: Rep. Dale Rutledge (109th) House Committee: Rules
Floor Vote: Floor Action:
Yeas: 155 Nays: 3 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-30-2017 Do Pass
HR 848 House Commission on Transit Governance and Funding; create Bill Summary: This resolution creates the House Commission on Transit Governance and Funding.
Authored By: Rep. Kevin Tanner (9th) House Committee: Rules
Floor Vote: Floor Action:
Yeas: 172 Nays: 3 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Open 03-30-2017 Do Pass
SB 46
Torts; space flight activities; provide facilitation; definitions; exceptions
Bill Summary: This bill amends the Code section relating to limitations of actions to breach of covenants restricting land use. A right of action shall accrue immediately where a permanent fixture is erected that violates the restrictive covenant and is not just limited to violating a set-back provision. Additionally, when the allegation is based on a continuous act or omission, the right of action will accrue each time the act or omission occurs.
The bill allows condominium associations to vote to expand the association by a two-thirds majority, or higher if the association stipulates a higher number. Requirements for the expansion are outlined.
HB 203 adds a requirement to look at provisions against the right to control in any condominium instrument, association's articles of incorporation, and the association's by-laws. Right to control may pass to the unit owners if the declarant now fails to pay property taxes on common property of the condominium for two or more years provided there is no provision to the contrary. Additionally, when an owner gives notice to a declarant that the declarant is failing to meet an obligation and the declarant does not subsequently correct the failure, the owner has individual standing to institute an action in the superior court to obtain a declaratory judgment without having to file a derivative action. Discovery is not necessary unless ordered by the court for good cause, and the superior court can issue a summary ruling for the transfer of any common areas/property to the association or other appropriate entity. The bill expands these provisions to be controlling where the condominium instrument, association's articles of incorporation, or association's by-laws are silent on these matters.
Lastly, the Code is amended to include requirements for the right of control to pass to subdivision plot owners in the same manner.
Authored By: Sen. William Ligon, Jr. (3rd) House Committee: Judiciary
Floor Vote:
Yeas: 162 Nays: 2
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-09-2017 Do Pass
AM 36 0620
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SB 87
Bankruptcy; judgments against exempt property; provide for the discharge
Bill Summary: HB 87 amends Code sections relating to exemptions for purposes of bankruptcy and intestate insolvent estates by providing for the procedure, effect of a court order and discharge of judgments against exempt property in such cases.
Any time after a debtor has been discharged from his or her debts pursuant to an act of Congress relating to bankruptcy, the debtor, his or her receiver or trustee, or any interested party may file a civil motion with the court that rendered the bankruptcy judgment for an order to cancel and discharge that judgment to all the debtor's exempt property. A certified copy of the discharge or a certified copy of the order of confirmation of a plan filed by the debtor must be filed with the motion and served upon the judgment creditor in the same manner as any other motion in a civil action, accompanied by the required attachments including proposed consent order.
If it appears during the hearing on the motion that the bankrupt or debtor has been discharged or exempted from the payment, the court shall enter an order specifying the effective date and canceling and discharging judgment regarding the property and any other property acquired by the debtor after the filing of the bankruptcy petition, which shall have the same effect and recorded in the same manner as a satisfaction of judgment.
SB 87 amends Code sections relating to exemptions for purposes of bankruptcy and intestate insolvent estates. Currently, a non-corporate debtor may choose to forgo exemptions for levy or sale of $5,000 or $21,500 for real or personal property that is the debtor's primary residence in favor of exempting the debtor's aggregate interest, up to a certain amount, or the debtor's right to receive certain moneys or other benefits. The bill adds within those certain moneys or other benefits the funds, assets and income of a health savings account or medical savings account authorized under the Georgia Code or Internal Revenue Service.
Authored By: Sen. Jesse Stone (23rd) House Committee: Judiciary
Floor Vote:
Yeas: 164 Nays: 2
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-09-2017 Do Pass by Committee Substitute AM 29 2649
SB 95
Selection of Jurors; state-wide master jury list; change provisions; Georgia Crime Information Center; pardons and paroles; provide conforming cross-references
Bill Summary: This bill amends the Code sections relating to jury selection, state-wide master jury list, driver's license information, list of registered voters, and "random list of persons to comprise the jury" for purposes of generating a new secure unique identifier number per person to comprise the state-wide master jury list. The Council of Superior Court Clerks of Georgia (council) is currently required to facilitate updating all information relative to jurors on the state-wide and county master jury lists. Effective July 1, 2017, the council requires that the Department of Driver Services, the Secretary of State, the Department of Public Health, the Department of Corrections, and the State Board of Pardons and Paroles to provide the council with data showing the person's full name, address to include the county of residence zip code, date of birth, gender and when available, the person's race. This information will be used by each agency to generate a secure unique identifier, comprised of the last four digits of the person's social security number, to be submitted to the council as well. The data and secure, unique identifier shall be provided to the council in electronic format as required by the council. The Supreme Court may establish by rules the reasonable standards for the preparation, dissemination, and technological improvements of the state-wide and county master jury lists. The bill removes the requirements to: provide the information to the Administrative Office of the Courts; note whether the license of identification card is valid or expired; and disclose ethnicity.
Authored By: Sen. Jesse Stone (23rd) House Committee: Judiciary
Floor Vote:
Yeas: 172 Nays: 0
Rule Applied: Committee Action: Amendments:
Modified-Open 03-16-2017 Do Pass
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SB 132
Civil Practice; statutory civil case filing and disposition forms; allow Judicial Council of Georgia to promulgate forms; child custody proceedings; provide
Bill Summary: Senate Bill 132 removes the statutory forms for civil case filing and disposition and authorizes the Judicial Council of Georgia, with the approval of the Supreme Court, to publish the forms to be used. This bill further amends the Code section relating to entry of judgment and filing of a civil case disposition form.
The form requirements used to exempt actions related to proceedings depriving owners of land or property will only exempt disclosure of ownership. The duties of the Administrative Office of the Courts is amended by requiring that data to be analyzed in civil cases shall be provided on or before October of each year to agencies of the executive branch, and the chairpersons of the standing committees of the General Assembly that are assigned issues related to courts, instead of being pursuant to the Code sections relating to commencement of action (commencing a court proceeding for a civil case) and entry judgment.
The authority of the Georgia Courts Automation Commission is amended to remove the commission's authorization to receive electronic data from the civil case filing and disposition forms, and reassigns the compilation of civil filings and dispositions data to the Administrative Office of the Courts. Civil case filings and disposition forms will be transmitted to the Administrative Office of the Courts, in addition to the Georgia Superior Court Clerk's Cooperative Authority. A requirement to transmit the filings to the Superior Court Clerks' Cooperative Authority within 30 days of filing and the section relating to the superior court civil case information system are removed.
Authored By: Sen. Blake Tillery (19th) House Committee: Judiciary
Floor Vote:
Yeas: 167 Nays: 0
Rule Applied: Committee Action: Amendments:
Modified-Open 03-16-2017 Do Pass by Committee Substitute
SB 152
Education; policy of the state; students who are subject to compulsory attendance; not assigned to alternative education program more than two semesters; provide
Bill Summary: Senate Bill 152 states it is preferable for school systems to reassign disruptive students who are subject to mandatory attendance to alternative programs rather than suspend or expel students for more than 10 days. This legislation also states it is preferable that the time a student spends in alternative school, except for serious offenses, does not exceed the remainder of the semester and the following semester as long as the student exhibits acceptable behavior while in the alternative program.
Authored By: Sen. Emanuel Jones (10th) House Committee: Education
Floor Vote: Floor Action:
Yeas: 71 Nays: 100 Failed
Rule Applied: Committee Action: Amendments:
Modified-Open 03-20-2017 Do Pass by Committee Substitute
SB 216
Sales Tax; per capita share of certain municipalities to be paid to the county governing authority; eliminate a provision
Bill Summary: Senate Bill 216 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.
The bill also adds a new Code section at 48-8-49.1 which establishes and defines the direct pay
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reporting program. The program allows a taxpayer to accrue and pay directly to the department sales and use taxes owed. To qualify a taxpayer must purchase more than $2 million of tangible personal property per year and be classified in one of nine industry codes. The bill also amends 48-2-35.1 by providing for interest to be paid on overpayments made by a taxpayer through the direct payment program. However, unless the taxpayer can show a good faith effort to avoid overpayment, if a taxpayer overpays its actual liability by 15 percent or more for any payment during a filing period then interest will not be paid on overages for the entire filing period.
Additionally, the bill amends 48-7-29.8, relating to tax credits for the rehabilitation of historic structures, by increasing the credit cap to $30 million per calendar year for projects earning more than $300,000 in credits. The bill also states that the applicant is allowed the credit at the time the rehabilitation is completed and allows a taxpayer 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.
Authored By: Sen. Steve Henson (41st) House Committee: Ways & Means
Floor Vote:
Yeas: 139 Nays: 24
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-23-2017 Do Pass
SB 222
'Local Government 9-1-1 Authority Act'; Local Government 9-1-1 Authority; create
Bill Summary: SB 222 establishes the "Local Government 9-1-1 Authority" (authority) and provides the Department of Revenue (DOR) fee collection powers for a monthly "9-1-1 charge" to customers. This 9-1-1 charge is for costs associated with 9-1-1 services including operating the system. Unless exempt, telephone companies will collect 9-1-1 charges from customers and remit such monthly charges to DOR no later than the 20th day of the month following the month in which they are collected, along with a report identifying the amount of charges being collected from their customers attributable to the local government based on the customer's zip code.
The telephone company (service supplier) may retain, as an administrative fee, three percent of the 91-1 charge collected and remit the remaining 97 percent to the authority. The authority shall contract with DOR for the collection and disbursement of the 9-1-1 charges to each local government. DOR is entitled to retain an administrative fee equal to one percent of the gross 9-1-1 charges and shall remit the other 1 percent to the authority for administrative operations and auditing. The remaining 95 percent shall be remitted to each local government on a pro rata basis based on the amounts attributable to each local government as reported by the service supplier. This shall occur no later than 20 days following the month in which such charges were collected. Each local government shall deposit and account for these funds in a separate restricted revenue fund known as the "Emergency Telephone System Fund".
The monthly 9-1-1 charge shall be a $1.50 per telephone service provided to the customer. The requirement that the 9-1-1 charges be listed as a separate line item on a customer's bill is removed, but the service supplier must keep the data in a format that is accessible by auditors. Telephone services include new and old forms of telephone services available such as postpaid wireless services, land lines, Voice Over Internet Provider accounts (VOIP), and prepaid services. The bill also eliminates the service supplier's ability to charge local governments a cost recovery fee and instead allows the service suppliers to bill customers a cost recovery fee up to $0.45 per line.
All telephone service suppliers must register with the authority or face penalties. The authority shall coordinate the development and implementation of a state-wide emergency 9-1-1 system; contract with DOR or others to audit business records of any telephone service provider required to remit 9-11 charges to DOR; ensure proper collection and remittance of such charges; and impose penalties on violators. The authority shall also have the duties and responsibilities to: (1) apply for, receive, and use federal grants, state grants, or both; (2) study, evaluate, and recommend technology standards for state-wide services; (3) identify any changes necessary to accomplish more effective and efficient service across this state; (4) provide an enforcement mechanism for providers who do not collect and remit the 9-1-1 fees to the authority as required, (5) coordinate all planning and training for the 9-1-1
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centers, and (6) provide an annual report which shall include proposed legislation, if any, to the Governor and the General Assembly by December 1 of each year. The authority shall also promulgate bylaws and may adopt procedures. The authority may develop a 9-1-1 emblem to be utilized by public safety vehicles participating in a 9-1-1 system.
Control and management of the authority shall be vested in a board of directors, which shall consist of 17 members all from jurisdictions which operate a Public Safety Answering Point (PSAPs) and will be appointed as follows: two by the Speaker, two by the Lieutenant Governor, and the remainder by the Governor. A PSAP is a public safety agency which receives incoming 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls. Additionally, local governments shall become members of the authority upon their adoption of a resolution or ordinance to impose the monthly 9-1-1 charge.
The authority shall have the power and authority to: (1) have a seal; (2) make and execute agreements; (3) acquire real or personal property in furtherance of the public purpose of the authority, provided however, that the authority shall not be required to pay taxes or assessments upon any real or personal property acquired or under its jurisdiction, control, possession, or supervision; (4) apply for and to accept any gifts, grants, loan guarantees, loans of funds, property, or financial or other aid in any form from the federal or state government, agency or instrumentality and such money received shall be deemed to be trust funds to be held and applied as approved by the board; (5) fix and collect fees and charges for data, media, and incidental services furnished by it to any individual or private entity; (6) deposit or otherwise invest funds held by it in any state depository or in any investment that is authorized for the investment of proceeds of state general obligation; (7) do all things necessary or convenient to carry out the powers, duties, and activities conferred; (9) bring and defend actions; (10) provide for the collection of moneys; and other such similar powers. The authority shall have no jurisdiction over the setting rates, terms, and conditions for telecommunications services. The board shall appoint an executive director to be head of the authority and establish the executive director's salary. The executive director, with the concurrence and approval of the board, shall hire officers, agents, and employees, and prescribe their duties, responsibilities, qualifications, salaries, and perform such other duties as the authority prescribes.
Furthermore, the board is allowed to develop its own auditing service supplier schedule, which cannot allow for auditing more than once every three years. A service supplier may seek, by written request, approval from the authority as to a billing practice and the authority shall issue a written decision within 90 days of the receipt of the request. If the authority fails to issue its decision within the time period, then the billing practice shall be deemed approved.
As of July 1, 2017 all local governments which operate or contract for the operation of a Public Safety Answering Point (PSAP) will be required to be members of the authority.
All information submitted by a service supplier to the DOR or the authority shall be presumed to be confidential, provided however, members of DOR or the authority may have access to this information for the purpose of determining the accuracy of collections and remittances related to the member's jurisdiction. General information may be released or published by DOR or the authority if they do not identify or allow identification of numbers of subscribers or revenues attributable to an individual service supplier. These prohibitions shall not prohibit compliance with a court order, taxing or regulatory authority, law enforcement agency, or prosecuting attorney in conjunction with an investigation.
As of January 1, 2019, the authority will approve the creation of new PSAPs, ensuring they conform to guidelines and procedures. SB 222 also requires public agencies to assist the authority in carrying out the authority's duties.
The bill also adds the authority to the existing exemptions from liability in the operation of a 9-1-1 system. Lastly, SB 222 preserves any pending legal action or for any action against a service supplier prior January 1, 2019.
Authored By:
Sen. John Kennedy (18th)
Rule Applied:
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House Committee: Judiciary
Floor Vote:
Yeas: 143 Nays: 30
Committee Action: Amendments:
03-24-2017 Do Pass by Committee Substitute
Local Calendar
SB 267 Hapeville Water and Sewer Authority; repeal an Act creating Bill Summary: This bill repeals an act creating the Hapeville Water and Sewer Authority.
Authored By: Sen. Nan Orrock (36th)
House Committee: Intragovernmental Coordination -
Local
Floor Vote:
Yeas: 164 Nays: 0
Rule Applied: Committee Action: Amendments:
03-30-2017 Do Pass
SB 281
"Macon Water Authority Act"; power of the authority to contract with Macon-Bibb County and Macon-Bibb County Industrial Authority; extend
Bill Summary: This bill extends the power of the Macon Water Authority to contract with MaconBibb County and the Macon-Bibb County Industrial Authority to acquire, construct, and develop industrial sites and facilities.
Authored By: Sen. John Kennedy (18th)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 164 Nays: 0
Rule Applied: Committee Action: Amendments:
03-29-2017 Do Pass
SB 284 City of Trenton in Dade County; position of city clerk from an elective to an appointive position; change
Bill Summary: This bill changes the position of city clerk from elective to appointive.
Authored By: Sen. Jeff Mullis (53rd)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 164 Nays: 0
Rule Applied: Committee Action: Amendments:
03-29-2017 Do Pass
SB 292 Board of Commissioners of Walker County; create Bill Summary: This bill creates the Walker County Board of Commissioners.
Authored By: Sen. Jeff Mullis (53rd)
House Committee: Intragovernmental Coordination Local
Floor Vote:
Yeas: 164 Nays: 0
Rule Applied: Committee Action: Amendments:
03-29-2017 Do Pass by Committee Substitute
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Committee Actions
Committee Actions
Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar.
Intragovernmental Coordination - Local Committee
SB 267 Hapeville Water and Sewer Authority; repeal an Act creating Bill Summary: This bill repeals an act creating the Hapeville Water and Sewer Authority.
Authored By: House Committee:
Sen. Nan Orrock (36th) Intragovernmental Coordination Local
Committee Action:
03-30-2017 Do Pass
Rules Committee
HR 798 House Study Committee on Low-Income Housing Tax Credits; create
Bill Summary: This resolution creates the House Study Committee on Low-Income Housing Tax Credits.
Authored By: House Committee:
Rep. Dale Rutledge (109th) Rules
Committee Action:
03-30-2017 Do Pass
HR 848 House Commission on Transit Governance and Funding; create Bill Summary: This resolution creates the House Commission on Transit Governance and Funding.
Authored By: House Committee:
Rep. Kevin Tanner (9th) Rules
Committee Action:
03-30-2017 Do Pass
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House of Representatives
Daily Report for March 30, 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.
NO MEETINGS ARE SCHEDULED
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