February 27, DAILY REPORT Legislative 25th Day · Page 1 of 25 Monday February 27, 2017 DAILY REPORT 25th Legislative Day House Budget & Research Office (404) 656-5050 House Media

Page 1 of 25

Monday

February 27,

2017 DAILY REPORT

25th

Legislative

Day

House Budget & Research Office

(404) 656-5050

House Media Services

(404) 656-0305

The House will reconvene for its 26th Legislative Day on Tuesday, February 28 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 13 bills / resolutions are expected to be debated on the Floor.

Today on the Floor

Rules Calendar HB 116 Juvenile Code; provide superior court with exclusive original jurisdiction for cases involving

aggravated assault; provisions

Bill Summary: HB 116 adds aggravated assault and aggravated battery of a peace officer or correctional officer to the list of criminal offenses committed by a juvenile where the offender does not start the legal process in juvenile court, but instead begins in superior court.

Authored By: Rep. Albert Reeves (34th) Rule Applied: Modified-Structured

House Committee: Judiciary Non-Civil Committee Action:

02-22-2017 Do Pass by Committee Substitute

Floor Vote: Yeas: 130 Nays: 36

HB 213 Crimes and offenses; sale, manufacture, delivery, or possession of fentanyl within the prohibition of trafficking certain drugs; include

Bill Summary: HB 213 adds fentanyl and fentanyl derivatives to the list of prohibited substances contained within the drug trafficking Code.

Authored By: Rep. Rich Golick (40th) Rule Applied: Modified-Structured




HB 264 Georgia World Congress Center Authority; revenue bond capacity; increase

Bill Summary: House Bill 264 increases the amount of bond debt the Georgia World Congress Center Authority may incur from $200 million to $400 million.

Authored By: Rep. Chuck Efstration (104th) Rule Applied: Structured

House Committee: Ways & Means Committee Action:

02-16-2017 Do Pass


HB 265 Income tax; credit for establishing or relocating quality jobs; revise provisions

Bill Summary: House Bill 265 amends 48-7-40.17, relating to income tax credit for establishing or relocating quality jobs, by allowing for qualified projects having at least a $2.5 million investment to receive a subsequent quality jobs tax credit. A taxpayer creating a qualified project is eligible to begin a subsequent seven-year job creation period for quality jobs developed through the project, provided that the taxpayer creates 50 or more new quality jobs above its single previous high yearly average. New quality jobs generated under a previous seven-year job creation period continue to be eligible. A

House of Representatives Daily Report for February 27, 2017 Today on the Floor

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taxpayer may create more than one subsequent seven-year job creation period. The bill also amends 48-8-3, relating to exemptions from state sales and use taxes, by adding a new paragraph that allows for a state and local sales tax exemption on the tangible personal property used for the renovation or expansion of a theater located within a 501(c)(3) facility that contains an art museum, symphonic hall, and theater. This exemption applies from July 1, 2017 through January 1, 2019 and until the aggregate state sales tax exempted exceeds $750,000.

Authored By: Rep. Chuck Efstration (104th) Rule Applied: Structured




HB 279 Domestic relations; name change requested by victim of family violence; provide separate process

Bill Summary: HB 279 provides a separate process for a name change when it is requested by an individual alleging to be the victim of family violence, which is defined as any felony or violent crime against a blood or legal relative living within the same household. When the name change is requested by an individual or for the individual's child who alleges to be the victim of family violence, the individual may ask the court to place the petition under seal, and if the court determines the allegations are true, then the court may waive the publication requirements; however, the court may unseal the petition or order the individual to file a redacted version of the petition for public record. If the court determines the individual is not a victim of family violence, the court may not hear the petition for name change until all current notice requirements are met and no objection has been filed. If an order to seal the name change petition has not been issued within seven days of filing, the petitioner shall now publish a notice once a week for four consecutive weeks in the legal newspaper of the county in which the petition has been filed. If the name change petition is filed on behalf of a child, written consent of a parent shall not be required if an order to seal the petition was issued under these circumstances within seven days of filing.

Authored By: Rep. Mandi Ballinger (23rd) Rule Applied: Modified-Structured

House Committee: Judiciary Committee Action:

02-21-2017 Do Pass

Floor Vote: Yeas: 163 Nays: 0 Amendments: AM 29 2592

HB 293 Evidence; procedure relating to child's testimony of sexual contact or physical abuse; provide effective date

Bill Summary: HB 293 clarifies statute regarding the admittance of testimonial evidence, child hearsay, into the trial record by making such a motion during trial.

Authored By: Rep. Deborah Silcox (52nd) Rule Applied: Modified-Structured


02-22-2017 Do Pass


HB 301 Income tax; certain physicians; delete deduction to create new credit; provisions

Bill Summary: House Bill 301 adds language which replaces the preceptor tax deduction with a tax credit. The credit shall be $500 for the first through third preceptorship rotation and $1,000 for the fourth through tenth preceptorship rotation for physicians and $375 for the first through third preceptorship rotation and $750 for the fourth through tenth preceptorship rotation for advanced practice registered nurses and physician assistants.

Authored By: Rep. Jodi Lott (122nd) Rule Applied: Structured





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HB 308 Domestic relations; child support; enact provisions recommended by Georgia Child Support Commission

Bill Summary: HB 308 amends Title 19 relating to domestic relations, specifically enacting provisions recommended by the Georgia Child Support Commission relating to child support and enforcement of child support orders. This bill updates the language of the statutes by replacing "IV-D agency", which refers to a child support enforcement agency established under Title IV-D of the 'Social Security Act', with "child support enforcement agency" wherever the term appears in relation to child support enforcement. Further, provisions have been updated to provide for the filing of one child support form per child for whom support is being determined. Currently the Code does not provide for multiple filings. Income deduction orders have been updated to state when the withholding will commence and how to contest the withholding. The bill also removes antiquated provisions that relate to dates that are no longer applicable. Additionally, the total amount of work-related costs related to child support will be included in the final child support order instead of the written order of the court. If work-related child care costs are variable, the court/jury may remove them from the calculation of support costs and divide the work costs pro rata to be paid in the time specified in the child support order. If a parent/custodian fails to comply with the final child support order: the other parent/custodian may enforce payment of the work related child care costs by any means permitted by law; or child support services shall pursue enforcement when the unpaid costs have been reduced to that stated in a contract.

Authored By: Rep. Beth Beskin (54th) Rule Applied: Modified-Structured




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




HB 405 Georgia Emergency Management and Homeland Security Agency; establish state-wide system to facilitate the transport and distribution of essentials in commerce during a state of emergency; require

Bill Summary: House Bill 405 requires that the Georgia Emergency Management Agency and Homeland Security (GEMA) establish a state-wide system for the transport and distribution of essentials during a declared state of emergency by the governor. In accordance with this, the system will provide for the certification of organizations and businesses that facilitate or are likely to facilitate transport and distribution of such essentials. The bill also establishes how GEMA may go about certification of organizations and the information they may require. Additional provisions included allow designated employees or agents of certified organizations or businesses to enter or remain within the curfew area beyond the restriction of the curfew for their limited purpose of facilitating transport or distribution. Finally, the certification may be revoked or suspended by GEMA if it is found that there has been a violation or an abuse of this certification.

Authored By: Rep. Bill Hitchens (161st) Rule Applied: Modified-Structured

House Committee: Public Safety & Homeland Security Committee Action:




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HB 427 Physicians and Health Care Practitioners for Rural Areas Assistance Act; enact

Bill Summary: HB 427 expands the service cancelable loan program for physicians in underserved areas to other health care practitioners. The purpose is to increase the number of physicians and health care practitioners in underserved rural areas of Georgia by making loans to health care practitioners who have completed their medical or health care education and allowing such loans to be repaid by agreeing to practice medicine in such rural areas. By making grants to hospitals and other health care entities, local governments and civic organizations in underserved rural areas agree to provide matching funds with the intent to enhance recruitment efforts in bringing physicians and health care practitioners to rural areas. It is the intent of the General Assembly that if funds are available to the Georgia Board for Physician Workforce, priority shall be given to make loans, grants, or scholarships.

Authored By: Rep. Mark Newton (123rd) Rule Applied: Modified-Structured

House Committee: Health & Human Services Committee Action:



Postponed Until Next Legislative Day HB 124 Public assistance; fraud; revisions

Bill Summary: HB 124 updates the language in the Code regarding fraud in obtaining public assistance. Moreover, the bill moves the sections criminalizing fraud in obtaining public assistance to the criminal code located in Title 16.

Authored By: Rep. David Clark (98th) Rule Applied: Modified-Structured

HB 360 Prescription drugs; expedited partner therapy for patients with venereal diseases; provisions

Bill Summary: HB 360 relates to the prescription drug orders and control of venereal disease, respectively, to provide for an expedited partner therapy for patients with chlamydia or gonorrhea. "Expedited partner therapy" means the practice of prescribing or dispensing antibiotic drugs to the sexual partner or partners of a patient clinically diagnosed with chlamydia or gonorrhea without physical examination of the partner or partners.

Authored By: Rep. Sharon Cooper (43rd) Rule Applied: Modified-Structured

Local Calendar HB 369 Peachtree Corners, City of; Public Facilities Authority; create

Bill Summary: This bill creates the City of Peachtree Corners Public Facilities Authority, which shall be deemed a public corporation. The goal of the authority is to promote the public good and general welfare of the citizens of the city and assist the city in providing facilities, equipment, and services in the most efficient means possible.

Authored By: Rep. Scott Hilton (95th) Rule Applied:

House Committee: Intragovernmental Coordination - Local

Committee Action:

02-24-2017 Do Pass


HB 404 Rockdale Judicial Circuit; court reporters; make certain provisions

Bill Summary: This bill makes provisions for the court reporter(s) for the Rockdale Judicial Circuit and provides that the reporter(s) shall receive a stated salary in lieu of per diem compensation. The bill states the superior court judges of the circuit have the authority to appoint court reporters by law. Each court reporter appointed to the circuit shall be compensated in part by a salary of $19,161.92 a year. The salary shall be in lieu of per diem compensation.


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Authored By: Rep. Vernon Jones (91st) Rule Applied:


Committee Action:

02-24-2017 Do Pass


HB 435 City of Dunwoody Public Facilities Authority; create

Bill Summary: This bill, called the 'City of Dunwoody Public Facilities Authority Act', creates the City of Dunwoody Public Facilities Authority and authorizes the issuance of revenue bonds by the authority. The authority consists of seven members, who are the mayor and the council of the City of Dunwoody. There won't be additional compensation for members of the authority, but they will be reimbursed for expenses incurred while performing their duties. The authority has the power to purchase, lease, and dispose of property. The authority can also appoint, select, and employ people, such as engineering experts and attorneys.

Authored By: Rep. Tom Taylor (79th) Rule Applied:


Committee Action:

02-24-2017 Do Pass


HB 439 Atlanta, City of; change corporate limits

Bill Summary: This bill changes the corporate limits of the city of Atlanta and is partner legislation to HB 440, which states the City of Sandy Springs will annex the territory that Atlanta is de-annexing.

Authored By: Rep. Beth Beskin (54th) Rule Applied:


Committee Action:

02-24-2017 Do Pass


HB 440 Sandy Springs, City of; Fulton County; change corporate boundaries

Bill Summary: This bill changes the corporate boundaries of the city of Sandy Springs pending the 2017 Session passage of HB 439: a bill to de-annex the territory that Sandy Springs will annex.

Authored By: Rep. Beth Beskin (54th) Rule Applied:


Committee Action:

02-24-2017 Do Pass


HB 442 Clayton County; State Court; provide for salaries of judges

Bill Summary: This bill provides for the salaries of and for a county supplement for the state court judges of Clayton County.

Authored By: Rep. Mike Glanton (75th) Rule Applied:


Committee Action:

02-24-2017 Do Pass


HB 443 Hiram, City of; ad valorem tax; $40,000 of assessed value for residents; provide homestead exemption

Bill Summary: This bill provides for a homestead exemption from the City of Hiram's municipal tax in the amount of $40,000 of the assessed homestead value. It also provides for a referendum for the homestead exemption that will go on the November 2017 ballot.

Authored By: Rep. Paulette Rakestraw (19th) Rule Applied:


Committee Action:

02-24-2017 Do Pass



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HB 444

Hiram, City of; ad valorem tax; residents 70 years of age or older; provide homestead exemption

Bill Summary: This bill provides a full homestead exemption from the City of Hiram's municipal tax for residents 70 and older.



Committee Action:

02-24-2017 Do Pass


HB 445 Hiram, City of; ad valorem tax; residents 65 years of age or older; provide homestead exemption

Bill Summary: This bill provides a homestead exemption from the City of Hiram's municipal tax in the amount of $55,000 for residents 65 and older.



Committee Action:

02-24-2017 Do Pass


HB 460 Swainsboro, City of; levy an excise tax

Bill Summary: This bill authorizes the governing authority of the City of Swainsboro to levy an excise tax. The governing authority can levy an excise tax at a rate not to exceed 8 percent of the charge for furnishing any room, lodging, or accommodation that is furnished by any person or entity required by the city to pay taxes for operating a hotel, motel, etc.

Authored By: Rep. Butch Parrish (158th) Rule Applied:


Committee Action:

02-24-2017 Do Pass


House of Representatives Daily Report for February 27, 2017 Next on the Floor

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Next on the Floor from the Committee on Rules

The Committee on Rules has fixed the calendar for the 26th Legislative Day, Tuesday, February 28,

and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on

Tuesday, February 28, at 9:00 a.m., to set the Rules Calendar for the 27th Legislative Day.

HB 71 Insurance; consumer protections regarding health insurance; provisions

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


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

Authored By: Rep. Richard Smith (134th) Rule Applied: Modified-Structured

House Committee: Insurance Committee Action:


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 will be valid for up to and including three years.

Authored By: Rep. Brad Raffensperger (50th) Rule Applied: Modified-Open

House Committee: Small Business Development Committee Action:

02-23-2017 Do Pass

HB 204 Ad valorem tax; property tax bills shall not include nontax related fees or assessments; provide

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

Authored By: Rep. Brett Harrell (106th) Rule Applied: Structured



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.

Authored By: Rep. John Carson (46th) Rule Applied: Structured




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HB 234 Motor vehicles; drivers stop at crosswalks with user activated rectangular rapid-flash beacons; require

Bill Summary: House Bill 234 defines rectangular rapid-flash beacons as user activated devices with amber flashing lights that are located at mid-block crosswalks. The legislation adds bicycle riders to the section with pedestrians and requires drivers to stop and remain stopped to allow a pedestrian or bicycle rider to cross the roadway when the approved beacon or similar device has been activated. No pedestrian or bicycle rider shall activate the device unless it is their intent to cross the roadway.

Authored By: Rep. Spencer Frye (118th) Rule Applied: Modified-Open

House Committee: Public Safety & Homeland Security Committee Action:

02-13-2017 Do Pass

HB 260 Special license plates; Georgia Electric Membership Corporation; establish

Bill Summary: House Bill 260 provides for a special license plate honoring Georgia's electric utility linemen. The funds raised by the sale of this special license plate shall be disbursed to the Southeastern Firefighters Burn Foundation.

Authored By: Rep. Alan Powell (32nd) Rule Applied: Modified-Structured

House Committee: Motor Vehicles Committee Action:


HB 276 The Pharmacy Patient Fair Practices Act; enact

Bill Summary: House Bill 276 restricts certain actions by Pharmacy Benefit Managers (PBMs). PBM's are prohibited from penalizing a pharmacist for disclosing to a patient a cheaper generic option to a prescribed medication and from prohibiting pharmacies to offer store direct delivery services. It forbids PBMs from charging more in co-pays than the actual cost of the drug, as well as charging fees to pharmacies for adjudicating claims. The commissioner of the Department of Insurance is authorized to promulgate rules and regulations for enforcing this act.

Authored By: Rep. David Knight (130th) Rule Applied: Modified-Structured

House Committee: Insurance Committee Action:


HB 287 Special license plates; honoring service members killed in action; provide at no cost to eligible family members

Bill Summary: House Bill 287 provides for the issuance of up to two special license plates honoring family members of service members killed in action at no cost to eligible family members.

Authored By: Rep. Tom Kirby (114th) Rule Applied: Modified-Structured

House Committee: Motor Vehicles Committee Action:

02-21-2017 Do Pass

HB 319 Habeas corpus; maximum amount counties may be reimbursed for certain costs; increase

Bill Summary: HB 319 increases the maximum yearly amount that counties may be reimbursed by state funds for court costs at the trial and appellate level from $10,000 to $30,000 for each writ of habeas corpus sought in the superior court by indigent petitioners when either the writ is denied or when the court costs are cast upon the respondent.

Authored By: Rep. William Werkheiser (157th) Rule Applied: Modified-Structured


02-23-2017 Do Pass

HB 322 Military; war veterans; change definition

Bill Summary: This bill expands the service period for veterans who served on active duty in the United States armed forces or on active duty in a reserve component. The current service period is from January 31, 1955 to May 7, 1975; HB 322 extends it from January 31, 1955 to August 1, 1990.

Authored By: Rep. Bill Hitchens (161st) Rule Applied: Modified-Open House Committee: Defense & Veterans Affairs Committee: 02-23-2017 Do Pass


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HB 323

Code Revision Commission; revise, modernize, correct errors or omissions of said Code

Bill Summary: House Bill 323 is the annual legislation prepared by the Code Revision Commission to make language and grammatical adjustments, as well as correct omissions and other errors in statute.

Authored By: Rep. Johnnie Caldwell (131st) Rule Applied: Modified-Structured



HB 382 Georgia Commission on Women; place under Department of Public Health administration

Bill Summary: House Bill 382 transfers the Georgia Commission on Women under the administration of the Department of Public Health.

Authored By: Rep. Jimmy Pruett (149th) Rule Applied: Modified-Open

House Committee: State Planning & Community Affairs Committee Action:

02-23-2017 Do Pass

HB 422 Veterans Service, Department of; nonprofit corporation as a public foundation; authorize incorporation

Bill Summary: This bill authorizes the Veterans Service Board to establish a non-profit corporation designated as the Georgia Veterans Service Foundation, Inc. The purpose of the Georgia Veterans Service Foundation, Inc. is to actively seek supplemental funds and in-kind goods, services, and property to promote Georgia's state war veterans' homes and veterans' cemeteries. Funds received by the foundation will be conveyed to the Department of Veterans Service or awarded through a competitive grant process administered by the Veterans Service Board.

Authored By: Rep. Bill Hitchens (161st) Rule Applied: Modified-Open

House Committee: Defense & Veterans Affairs Committee Action:

02-23-2017 Do Pass

House of Representatives Daily Report for February 27, 2017 Committee Actions

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

Appropriations Committee HB 51 Postsecondary institutions; reporting and investigation of certain crimes by officials and

employees; provide manner

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: Rep. Earl Ehrhart (36th)

House Committee:

Appropriations Committee Action:


HB 202 Public officers and employees; annual salary for the Governor; change provisions

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

Authored By: Rep. Jay Powell (171st)

House Committee:

Appropriations Committee Action:



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Banks & Banking Committee HB 441 Trusts; establish qualified self-settled spendthrift trusts; provisions

Bill Summary: This bill adds a new Article to the Code section relating to spendthrift provisions, which are trusts created to prevent a beneficiary from spending all the funds in the trust by giving an independent trustee full authority to make financial decisions on behalf of the beneficiary. Under this Article, a settlor may prevent creditors from gaining access to the settlor's funds by transferring those assets to a qualified self-settled spendthrift trust, which is an irrevocable trust that includes a spendthrift provision that restrains creditors from reaching the funds while the settlor still retains a qualified interest in the trust. The Code sections relating to the validity of spendthrift provisions and property subject to the claims of settlor's creditors shall not apply to the qualified interest. A settlor may have both qualified and non-qualified interests in the trust, and the Code sections only apply to the interest in the non-qualified trust. Within 30 days of transferring assets to a qualified self-settled spendthrift trust, the settlor shall notify creditors by certified mail or statutory overnight delivery. If there is a vacancy in the position of a qualified trustee, the position shall be filled by an eligible person meeting a prioritized list of qualifications. The same requirements and priority order for selection are applied to an independent qualified trustee. A trust shall not be considered revocable because the instrument includes: (1) a power of appointment effective only upon the death of the settlor; (2) the qualified interest in the trust; (3) the right of the settlor to receive income or principal; (4) the potential or actual receipt by a settlor from a charitable remainder type of trust and the right of the settlor to release in writing all or party of the retained interest of the settlor in the trust; (5) annual receipt of up to five percent of the initial value of the trust asset by the settlor; (6) the right of the settlor to remove a trustee and appoint a new trustee; (7) the potential or actual use of real property by a settlor when it is held under a personal residence trust; (8) the potential or actual receipt of use by a settlor of a qualified interest (interest that a settlor may receive for distributions of income, principal or both in the discretion of an independent qualified trustee); (9) the ability of a qualified trustee, upon the settlor's death, to pay debts owed by the settlor, expenses of administering the estate of the settlor, or any estate inheritance tax imposed on the estate of the settlor; and (10) the potential or actual receipt of income or principal by a settlor to pay certain taxes. A beneficiary who has the right to withdraw the entire interest in the trust shall be treated as its settlor to the extent of the withdrawal right when it has been lapsed, released, or expired. Qualified self-settled spendthrift trusts shall not block creditors that seek alimony or child support, including judgments or orders issued in another state. A creditor seeking a claim against the settlor of a qualified self-settled spendthrift trust may bring a cause of action or claim for relief to such a trust under the 'Uniform Voidable Transactions Act'.

Authored By: Rep. Barry Fleming (121st)

House Committee:

Banks & Banking Committee Action:

02-27-2017 Do Pass

Education Committee HB 273 Quality Basic Education Act; daily recess for students in kindergarten and grades one through

five; provide

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

Authored By: Rep. Demetrius Douglas (78th)

House Committee:

Education Committee Action:

02-27-2017 Tabled


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HB 415 Education; designation of nonprofit organization to govern high school athletics; provide

Bill Summary: House Bill 415 requires the State Board of Education to designate a non-profit organization to govern high school athletics for public schools. Currently, the Georgia High School Association governs high school athletics in Georgia public schools. This legislation defines the governing structure of the non-profit and allows acceptance of non-public schools. The non-profit will have an executive board; the membership and governance of the board are outlined in this legislation.

Authored By: Rep. John Meadows (5th)

House Committee:


02-27-2017 Do Pass

HB 425 Elementary and secondary education; administration of standardized assessments in paper-and-pencil format upon parental request; provide

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

Authored By: Rep. Joyce Chandler (105th)

House Committee:



HB 437 Agricultural Education Advisory Commission; recreate

Bill Summary: House Bill 437 re-establishes the Agricultural Education Advisory Commission. The commission was establish in 2006 by House Bill 1227 and had a sunset of December 31, 2012; it was re-established in 2012 by House Bill 125 with a new sunset of December 31, 2016. This legislation recreates the commission without a sunset provision and commission members will serve two-year terms coinciding with legislative terms.

Authored By: Rep. Robert Dickey (140th)

House Committee:



Energy, Utilities & Telecommunications Committee HB 413 Public utilities; regulation of certain matters pertaining to rural telephone cooperatives;

provisions

Bill Summary: This bill amends Titles 44 and 46 of the Code to provide for regulation of matters pertaining to rural telephone cooperatives. It states all patronage dividends or capital credits held by a telephone cooperative that are presumed abandoned in a calendar year may be donated to a nonprofit organization that supports education or economic development in the cooperative's service area and is exempt from taxation. For the donation to take place, the cooperative has to maintain for at least six months on its website or on a public posting in its main office a list of the names and last known addresses of all the owners of property held by the cooperative that have been presumed abandoned. That list must also have instructions on how to claim the property. Additionally, the cooperative must publish a notice in the legal organ in the county where the main office is located of the last date to claim property that has been presumed abandoned. The notice shall be published within three to six months prior to the last date to claim the property and will also state the names of the owners found on the website or in the main office. The bill also discusses lawsuits against cooperatives and states cooperatives can only be sued in the


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county of its residence, where its registered office is maintained. If a cooperative fails to maintain a registered office, it shall be deemed to reside in the county where its last named registered office or principal office was maintained, as shown in the Secretary of State's records. The cooperative may also be deemed to reside in and may be sued on contracts in a county in which the contract sought to be enforced was made or is to be informed, but only if the cooperative has an office and transacts business in that county. It may also be sued for damages because of torts, wrongs, or injury done in a county where the cause of action originated, if it has an office and transacts business in that county. HB 413 amends the Code relating to the by-laws of cooperatives. It states the board of directors shall have the power to alter, amend, or repeal the by-laws, or adopt new by-laws, unless those powers are reserved exclusively for the members. However, any bylaws adopted by the board of directors may be altered, amended, or repealed by the members. The members may also state that any by-laws adopted by them shall not be altered, amended, or repealed by the board of directors. Unless the by-laws state otherwise, the board of directors have the authority, but are not required, to pay revenues allocated but not previously paid to a member who has died. If the member dies with a will, the payments will be made to the executor of the estate, but if the member dies without a will and the cooperative is provided a copy of letters of administration for the estate of the dead member(s), the payments will be made to the administrator of the estate named in the letters. If the member dies without a will and the cooperative is not provided a copy of letters of administration and the payment is $2,500 or less, the payment will be made to the people listed in priority order: surviving spouse, surviving children, surviving mother and father, or the surviving brothers or sisters. If the member dies without a will and without the copy of letters of administration and the payment is greater than $2,500, the payment will be made to the person entitled under the laws of descent and distribution in the state.

Authored By: Rep. Don Parsons (44th)

House Committee:

Energy, Utilities & Telecommunications

Committee Action:

02-27-2017 Do Pass

HB 428 Downtown development authorities; authorize assessments

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

Authored By: Rep. Chuck Martin (49th)

House Committee:


Committee Action:

02-27-2017 Do Pass

HB 446 Local Government 9-1-1 Authority Act; enact

Bill Summary: This bill amends Titles 36, 45, and 46 of the Code by creating the Local Government 9-1-1 Authority. The authority is a public corporation and an instrument of the state that may contract and be contracted with and defend and bring actions to enforce chapter 36-93-3. The purpose of the authority is to administer, collect, audit, and remit 9-1-1 revenue for the benefit of local governments. All local governments that operate or contract for the operation of a public safety answering point (a 9-1-1 center) will be members of the authority as of July 1, 2017. Additional local governments shall become members upon their adoption of a resolution or ordinance to impose the monthly 9-1-1 charge authorized in Code Section 46-5-134. Moreover, any local governments that cease operating or contracting for the operation of a public safety answering center shall withdraw from the authority. The authority is created to provide cost-efficient collection of revenues, increase compliance in


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collection of revenues, ease the administrative burden on vendors and service provides, and other factors. In addition to those purposes, the authority has the duties and responsibilities to apply for, receive and use federal and state grants. It is able to study, evaluate, and recommend technology standards for the state-wide provision of 9-1-1 service and identify any changes necessary to accomplish more effective and efficient 9-1-1 service across the state. The authority can identify any changes necessary to assess and collect the fees. The authority shall also develop, offer, or make recommendations to the Georgia Public Safety Training Center or other state agencies for training that should be provided to directors of public safety answering points. It shall also provide an annual report, which shall include proposed legislation, to the governor and the General Assembly by December 1 of each year. Control and management of the authority will be vested in the board of directors, which shall consist of 15 specific members appointed by the governor. Members of the board of directors shall receive no compensation for their services, but are authorized to receive an expense allowance and reimbursement from authority funds. Eight members of the board shall constitute a quorum, and a majority of a quorum must vote in the affirmative for any action to be taken. The board shall appoint an executive director who shall be the administrative head of the authority. The board will also establish the salary of the director. The director will have the responsibility of hiring officers, agents, and employees, as well as prescribe their duties, responsibilities, qualifications, and salaries. The authority is not required to pay taxes or assessments upon any property acquired or under its jurisdiction, control, etc. Additionally, all money received by the authority will be deemed to trust funds; however, the authority shall have no jurisdiction concerning the setting of rates, terms, and conditions for the offering of telecommunications services or for the offering of broadband, Voice over Internet Protocol, or wireless service. Starting January 1, 2019, all 9-1-1 charges imposed by a local government shall be collected by the service supplier and remitted to the authority no later than the 20th day of the month following the month they were collected. The authority may retain from the charges an amount not to exceed 3 percent of the charges to cover the costs of administration. The remainder of the charges shall be paid to the local governments. The authority is authorized starting January 1, 2019, to audit or have an auditor audit the records of any service supplier offering communication services capable of connecting 9-1-1 service. Failure of a service supplier to comply with any audit required under paragraph 2, subsection (a) of Code Section 36-93-7, shall result in a civil penalty of not more than $1,000 per day for each day the supplier refuses compliance commencing on the date stated in the notice, which shall in no case be less than 45 days, unless agreed to in writing by the parties. Willful failure of a service supplier to have billed the monthly charges or have remitted the charges shall be subject to a civil penalty of not more than $25,000 in the aggregate or three percent of the amount that should have been remitted, whichever is less. The penalty shall be in addition to the amount that should have been remitted and shall accrue interest at the rate specified in Code Section 48-2-40. The bill also states the authority shall develop guidelines for implementing a state-wide emergency 9-1-1 system. Additionally, on or after January 1, 2019, no emergency 9-1-1 system shall be established and no existing system shall be expanded to provide wireless enhanced 9-1-1 service without written confirmation by the authority that the local plan conforms to guidelines and procedures provided for in Code Section 46-5-124. It also states a telephone subscriber of any telephone service shall be billed $1.50 per month for the 9-1-1 charge. The same charge applies to wireless service suppliers and prepaid wireless phones.

Authored By: Rep. Alan Powell (32nd)

House Committee:


Committee Action:



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HR 361 United States Congress; enactment of a Regulation Freedom Amendment to the Constitution of the United States; encourage

Bill Summary: This resolution encourages the enactment of a "Regulation Freedom Amendment" to the Constitution of the United States by the United States Congress. The resolution states the U.S. has more than 300 independent and executive agencies that are staffed by unelected officials. These agencies issue thousands of rules and regulations each year that frequently involve everyday lives of people. While federal rules and regulations can benefit the public, many are concerned the increasing amount of rules and regulations have slowed economic growth by increasing consumer and compliance costs and limiting job creation. Although the U.S. House of Representatives passed the Regulations from the Executive in Need of Scrutiny (REINS) Act to address the issue in 2011, 2013, and 2015, it still hasn't come up for a vote in the United States Senate. The Regulation Freedom Amendment states, "Whenever one quarter of the members of the U.S. House or the U.S. Senate transmit to the President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House and Senate to adopt that regulation." Essentially, the amendment ensures that regulatory agencies remain accountable to the people of the country through Congress.

Authored By: Rep. Don Parsons (44th)

House Committee:


Committee Action:

02-27-2017 Do Pass

Human Relations & Aging Committee HB 486 Georgia Registered Professional Nurse Practice Act; training of proxy caregivers; provisions

Bill Summary: HB 486 allows for the Department of Behavioral Health and Developmental Disabilities and the Department of Community Health to select the training curricula for medication administration by proxy caregivers employed or contracted to providers of home and community-based services, community residential alternative services, or community living services.

Authored By: Rep. Tommy Benton (31st)

House Committee:

Human Relations & Aging Committee Action:


Intragovernmental Coordination Committee HB 457 Brooks County; Magistrate Court chief judge; provide nonpartisan elections

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

Authored By: Rep. Amy Carter (175th)

House Committee:

Intragovernmental Coordination Committee Action:

02-27-2017 Do Pass


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Judiciary Non-Civil Committee HB 65 Low THC Oil Patient Registry; conditions and eligibility; change provisions

Bill Summary: HB 65 increases the list of conditions that are eligible for treatment with medical cannabis. The new conditions are as follows: tourette's syndrome; autism spectrum disorder; epidermolysis bullosa; alzheimer's disease; HIV; AIDS; and peripheral neuropathy. Those who are in a hospice program are also eligible. In addition, the bill allows for reciprocity regarding medical cannabis registration cards of other states so long as the medical cannabis in such a person's possession comports with the laws of Georgia. Also, the reporting requirement for doctors has been reduced from quarterly to annually.

Authored By: Rep. Allen Peake (141st)

House Committee:

Judiciary Non-Civil Committee Action:


HB 90 Crimes and offenses; abuse of governmental office; provide definitions

Bill Summary: HB 90 adds a misdemeanor of a high and aggravated nature to members serving on local county and municipal governing authorities, county commissions, and boards of education, where such a member attempts to influence votes involving the acquisition or sale of real property when said member has an ownership interest in the property subject to a vote.

Authored By: Rep. Dan Gasaway (28th)

House Committee:



HB 249 Controlled substances; collect more information regarding dispensing and use; provisions

Bill Summary: HB 249 requires those who have a DEA permit number to enroll in a prescription monitoring database and update that database when said individual writes a prescription for controlled substances or is a dispenser of controlled substances. Violation of this requirement is to be handled administratively by the state regulatory governing board for such a prescriber. Moreover, dispensers of such prescriptions must submit information to the prescription monitoring database every 24 hours. Patient information in the prescription monitoring database must be in compliance with the rules of the federal Health Insurance Portability and Accountability Act (HIPPA) of 1996. Both prescribers and dispensers of such controlled substances may delegate not more than two individuals of their staff to have access and update the prescription monitoring database, so long as such individuals are properly licensed or have had a proper criminal record background check. HB 249 provides for exceptions for the prescribers' requirement to update the database when the prescription for said controlled substances: are no more than a three day supply (26 pills) of such substance; the prescriptions are to be administered and used by a patient on the premises of a hospital or healthcare facility; the patient has had outpatient surgery and the supply is no more than 10 days (40 pills); the patient is in an outpatient hospice program; or the patient is receiving treatment for cancer. In addition, overdose rescue kits have been removed from the list of dangerous drugs and can be supplied over the counter.

Authored By: Rep. Kevin Tanner (9th)

House Committee:



HB 258 Crimes and offenses; sentencing for persons who knowingly commit aggravated assault upon a peace officer; provisions

Bill Summary: HB 258 amends the Code regarding the aggravated assault of a peace officer by increasing the minimum sentence to ten years of imprisonment. If the aggravated assault of a peace officer involves the discharge of a firearm, none of the mandatory minimum sentence can be probated, stayed, suspended, deferred or withheld. Moreover, HB 258 amends the Code for resisting a law enforcement officer by increasing the punishment for second and subsequent convictions. For


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a second such offense, the punishment is increased to not less than two but no more than ten years of incarceration. Upon the third or subsequent conviction, the punishment is increased to not less than three but no more than 15 years of incarceration.


House Judiciary Non-Civil Committee 02-27-2017 Do Pass by Committee Sub

HB 261 Penal institutions; certain individuals sentenced between March 18, 1968 and October 31, 1982; allow to petition court for first offender status

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

Authored By: Rep. William Werkheiser (157th)

House Committee:



HB 341 Crimes and offenses; mandatory terms for trafficking individuals for sexual servitude; provisions

Bill Summary: HB 341 adds those who patronize or solicit a person who is the victim of sexual servitude to the offense of sex trafficking. Moreover, sex trafficking a person for sexual servitude is added to the list of dangerous sexual offenses where the violator must register as a sex offender. HB 341 also clarifies and corrects the Code regarding probation for consecutive sentences for sexual offenses where probation can only be imposed upon the final consecutive sentence. In addition, the bill adds pimping and pandering to a list of offenses where the offender must serve at least 24 hours of incarceration.

Authored By: Rep. Albert Reeves (34th)

House Committee:



HB 396 Criminal procedure; probation portion of split sentence for certain sexual offenses; clarify provisions

Bill Summary: HB 396 clarifies and corrects the Code regarding probation for consecutive sentences for sexual offenses where probation can only be imposed upon the final consecutive sentence.

Authored By: Rep. Albert Reeves (34th)

House Committee:


02-27-2017 Do Pass

Public Safety & Homeland Security Committee HB 79 Law enforcement; retaining license plate data obtained from automated license plate

recognition systems beyond certain periods; prohibit

Bill Summary: House Bill 79 defines "automated license plate recognition system" and "captured license plate data" in the Code. Automated license plate recognition system means one or more high-speed cameras combined with computer algorithms to convert images of license plates into computer readable data. Captured license plate data means the GPS coordinates, data/time, photograph, license plate number, and any other data collected by the automated license plate recognition system. The data collected shall be destroyed by the law enforcement agency that collects the data after 30 months unless the data is the subject matter of a toll violation or law enforcement purpose. The bill allows law enforcement agencies to exchange data with other law enforcement agencies for official purposes but imposes penalties for improper use. Finally, the bill states that data collected is not subject to open records requests.


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Authored By: Rep. John Pezold (133rd)

House Committee:

Public Safety & Homeland Security Committee Action:


HB 251

Emergency management; personnel go on private property as necessary to perform duties during a state of emergency; authorize

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

Authored By: Rep. Darrel Ealum (153rd)

House Committee:



HB 280 Firearms; license holders; carrying and possession of certain weapons in certain buildings or real property owned or leased to public institutions of postsecondary education; authorize

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

Authored By: Rep. Mandi Ballinger (23rd)

House Committee:



HB 292 Firearms; laws relating to the carrying of weapons and safety; revise and clarify

Bill Summary: House Bill 292 amends Title 16 of Georgia Code. The bill includes several "housekeeping" provisions in the statute relating to firearms and the carry and possession of firearms. The bill provides for new Georgia residents, who have a carry license issued by a state which recognizes Georgia licenses, to have 90 days to secure a valid Georgia license. The bill states that persons who have a valid hunting or fishing license are not required to have that license on their person when they are engaged in legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by the state. The bill also allows probate judges receiving applications for permits to issue printed information on firearms safety courses. The bill requires the Department of Natural Resources to provide information on their principal website on state hunter education classes that render gun safety instruction. Another provision of the bill expands the exemption for retired law enforcement carry privileges, to include those officers who: are citizens of this state and have an aggregate of 10 years in law enforcement with arrest powers; separated from service in good standing, and have an identification card for retired law enforcement. The bill clarifies the definitions for "commercial service airport" and "major airline carrier" as they apply to those who carry a weapon into a commercial airport. An additional provision is the establishment of an appeals process for those who have been involuntarily hospitalized for relief of mental illness. The statute provides for a hearing of: the evidence concerning the circumstances of hospitalization; the person's mental health and criminal history, if any; the person's reputation as described by character witnesses; and changes in the person's condition or circumstances since hospitalization. Should the court find that the person is not likely to act in a manner dangerous to himself or public safety, relief


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may be granted and a license granted. Finally, the legislation provides immunity from civil liability for injuries caused by the failure of a person to use a firearm properly or lawfully to those instructors who provide safety training. The bill also provides that no state be required to give effect or recognize a license given to any person under the age of 21.

Authored By: Rep. Rick Jasperse (11th)

House Committee:



HB 320 Motor vehicles; installation or reinstallation of object in lieu of air bag; change provisions

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

Authored By: Rep. Bill Hitchens (161st)

House Committee:



HB 324 Motor vehicles; term noncitizen be included on certain licenses, permits, and identification cards; require

Bill Summary: House Bill 324 requires all temporary license, permit, or special identification cards issued as evidence of legal presence in the United States to include, in a prominent location, the term "ineligible voter".


House Committee:



HB 350 Penal institutions; tobacco; add to list of items that a person is prohibited from bringing within guard lines

Bill Summary: House bill 350 adds tobacco to unlawful items crossing the guard lines in prisons. It also prohibits inmates from possessing stored value cards and it prohibits people from purchasing and giving stored value cards to inmates.


House Committee:



HB 390 Motor vehicles; assessment of no points and maximum fine for failure to obey traffic control device in certain instances; provide

Bill Summary: House Bill 390 allows for points on a license when violating a traffic control signal only when it can be demonstrated that at the time of the violation the vehicle was traveling at a speed greater than five miles per hour or the violation resulted in a direct threat of harm to persons


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or property at the time of the occurrence.

Authored By: Rep. Ed Setzler (35th)

House Committee:


02-27-2017 Do Pass

HB 406 Weapons; reciprocity of recognizing and giving effect to licenses to carry from other states; revise requirements

Bill Summary: House Bill 406 specifies that no other state with which Georgia has a reciprocity agreement is required to recognize or give effect to any license to carry given to a person under the age of 21 years old.


House Committee:



Ways & Means Committee HB 59 Revenue and taxation; tax credits for rehabilitation of historic structures; revise procedures,

conditions, and limitations

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

Authored By: Rep. Ron Stephens (164th)

House Committee:

Ways & Means Committee Action:


HB 155 Georgia Musical Investment Act; enact

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

Authored By: Rep. Amy Carter (175th)

House Committee:




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HB 181 Revenue and taxation; furnishing of certain tax information in all municipalities having a population of 350,000 or more; change certain provisions

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

Authored By: Rep. Jodi Lott (122nd)

House Committee:



HB 209 Ad valorem tax; certain disabled veterans shall be issued refunds of certain taxes paid during certain periods of time; provide

Bill Summary: House Bill 209 amends 48-5-48, relating to homestead exemption by qualified disabled veterans, by allowing disabled veterans who receive a final determination of disability from the United States Department of Veterans Affairs containing a retroactive period of eligibility, or their surviving spouse or minor children, to receive a refund of up to three years of ad valorem taxes paid during the retroactive period.

Authored By: Rep. Lee Hawkins (27th)

House Committee:



HB 285 Ad valorem tax; criteria used by tax assessors to determine fair market value of real property; revise

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

Authored By: Rep. David Knight (130th)

House Committee:



HB 302 Ad valorem tax; property; change certain requirements to notice pertaining to millage rate adoption

Bill Summary: House Bill 302 amends 48-5-32.1, relating to advertising and notice requirements pertaining to the adoption of a millage rate, by changing the title of the notice to "Notice of Proposed Revenue Increase" and by revising the content of the notice to include the total amount of tax revenue expected to be generated with the new millage rate and the amount of tax revenue generated in the prior fiscal year.

Authored By: Rep. Randy Nix (69th)

House Committee:




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HB 314 Georgia Agribusiness and Rural Jobs Act; enact

Bill Summary: House Bill 314, the 'Georgia Agribusiness and Rural jobs Act,' allows a rural investor, who makes a capital investment in a rural fund, a credit against the entity's state tax liability. A rural fund is an entity certified by the Department of Community Affairs that seeks to have an investment that can be reinvested in eligible businesses. The credit is not refundable or able to be sold in the open market. Credits that are allocated to a partnership, corporation, LLC, or S-corporation can then be allocated to the individual partners for their direct use. The department shall grant or deny applications for the program within 30 days of receipt of the completed application. The department shall certify up to $100 million in capital investments in the order received. If received on the same day, the applications shall be considered as received simultaneously, and will be ordered based on the percentage derived from the ratio of the amount of capital investments requested in the given application to the total amount of capital investments requested in all applications. The rural fund shall issue the capital investment within 60 days of the applicant receiving notice of the certification. At least 10 percent of the rural investor's capital investment must be composed of proceeds of equity investments contributed to the rural investor by its affiliates (officers, directors, members, and employees). Evidence of the receipt of the cash investment is to be provided to the department by the rural fund within 65 days of the applicant receiving the certification. The department may recapture the claimed credit from the rural fund if: (1) 100 percent of its capital investment is not invested in eligible investments within two years, and at least 10 percent of the investment was not invested in agribusiness; (2) the rural fund fails to maintain 100 percent eligible investments of its capital investment for the next five years after the credit allowance date (eligible investments can be sold or repaid but other funds must be reinvested to cover the difference); (3) the rural fund makes a distribution or payment that makes it not have 100 percent of the necessary investments; or (4) the rural fund makes an investment in a business that either owns interest in the rural fund or loans or invests in the rural fund. The recaptured credits and the related capital investment authority revert to the department and shall be reissued pro rata to the other applicants based on the previously stated ratio. Recapture shall not occur until the rural fund has been given notice of its noncompliance and six months from the date of notice to correct the noncompliance. The rural fund must submit a report to the department after the second year of the original credit allowance which documents the investment of 100 percent of its capital investment in eligible investments. In subsequent years, the rural fund must submit an annual report to the department within 45 days of the beginning of the year.

Authored By: Rep. Jason Shaw (176th)

House Committee:



HB 340 Alternative ad valorem tax; motor vehicles; change manner of distribution of proceeds

Bill Summary: House Bill 340 amends 48-5C-1, relating to alternative ad valorem tax on motor vehicles, by removing the current state/local fund distribution model and replacing it with the following system: Beginning with the 2018 tax year and going through the 2021 tax year, each county shall retain an amount of the state and local title ad valorem tax proceeds equal to the amount of ad valorem taxes collected for the corresponding month in the 2012 tax year minus the amount of ad valorem tax collected during the current month. The excess portion of state and local TAVT proceeds each month shall be distributed as follows: 2018 - 80 percent shall be remitted to the state and 20 percent shall be distributed by the locals; 2019 - 70 percent shall be remitted to the state and 30 percent shall be distributed by the locals; 2020 - 60 percent shall be remitted to the state and 40 percent shall be distributed by the locals; 2021 - 50 percent shall be remitted to the state and 50 percent shall be distributed by the locals, and for 2022 and beyond, 30 percent shall be remitted to the state and 70 percent shall be distributed by the locals. The bill also states that the taxable value of vehicles sold is to be the greater of the retail selling price or the average of the current fair market value and the current wholesale value of the vehicle minus the value of any trade-in and any rebate. The reduction for the value of a trade-in vehicle is


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

Authored By: Rep. Shaw Blackmon (146th)

House Committee:



HB 342 Enterprise zones; certain urban redevelopment zones; provide designation

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

Authored By: Rep. Chuck Efstration (104th)

House Committee:



HB 374 Ad valorem tax; property; allow electronic filing of returns in certain cases

Bill Summary: House Bill 374 lowers the valuation requirement for an appeal of a property tax bill of a non-homestead property to be before a hearing officer with appeal to the superior court from a fair market value of $750,000 to a fair market value of $500,000. The bill also limits the time a person may serve on a board of equalization to no more than three consecutive terms and provides for various changes to the property tax appeal process including allowing for documentation to be provided in electronic format and allowing for parties involved in an appeal hearing to agree to pay compensation exceeding the stated $100 for the first hour and $25 per hour thereafter.

Authored By: Rep. David Knight (130th)

House Committee:




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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.

Tuesday, February 28, 2017 9:00 AM RULES - 341 CAP 10:00 AM FLOOR SESSION (LD 26) - 132 CAP 1:00 PM EDUCATION - 515 CLOB 1:00 PM Environmental Quality Sub of NR&E - 403 CAP 1:00 PM MOTOR VEHICLES - 415 CLOB 2:00 PM Subcommittee A of Public Safety - 406 CLOB 2:00 PM HEALTH AND HUMAN SERVICES - 606 CLOB 2:00 PM JUDICIARY CIVIL - 132 CAP 2:00 PM Local Government Sub of Govt Affairs - 514 CLOB 2:00 PM Transportation Subcommittee on Resolutions - 515 CLOB 2:00 PM REGULATED INDUSTRIES - 506 CLOB 2:00 PM Resource Management Subcommittee: NR&E - 403 CAP 2:30 PM TRANSPORTATION - 515 CLOB 3:00 PM State Government Administrative Sub of Gov Affairs - 514 CLOB

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February 27, DAILY REPORT Legislative 25th Day · Page 1 of 25 Monday February 27, 2017 DAILY REPORT 25th Legislative Day House Budget & Research Office (404) 656-5050 House Media

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