february 28, daily report legislative 26th day...2017 daily report 26th legislative day house budget...

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Tuesday

February 28,

2017 DAILY REPORT

26th

Legislative

Day

House Budget & Research Office

(404) 656-5050

House Media Services

(404) 656-0305

The House will reconvene for its 27th Legislative Day on Wednesday, March 1 at 10:00 a.m. The Rules committee will meet at 9:00 a.m. 25 bills / resolutions are expected to be debated on the Floor.

Today on the Floor

Rules Calendar 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

Floor Vote: Yeas: 167 Nays: 3 Amendments:

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

House Committee: Judiciary Non-Civil Committee Action:

02-22-2017 Do Pass by Committee Substitute


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 non-tax related fees or assessments. Collection and payment of non-tax 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

House Committee: Ways & Means Committee Action:



House of Representatives Daily Report for February 28, 2017 Today on the Floor

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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




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:




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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

House Committee: Judiciary Committee Action:

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 Action:

02-23-2017 Do Pass


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 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

House Committee: Health & Human Services Committee Action:




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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, 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


Postponed Until Next 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.


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An insurer shall provide an enrollee with information that an enrollee can get referred to a health care provider out-of-network when the insurer does not have an in-network provider that is accessible to the enrollee, as well as how the enrollee can obtain such a referral. An insurer shall also provide notice that the enrollee has direct access to primary and preventive pregnancy services from a provider of her choice. An insurer shall provide all contact information to be used by enrollees seeking information from an annually updated list of all contact information for participating providers. This information shall also be posted on the insurer's website. Where applicable, an insurer shall provide a description of the method by which enrollees can submit a claim for their health care service. With respect to out of network coverage, a clear description of the methodology used to determine out of network reimbursement, the amount that the insurer will reimburse, and examples of anticipated out of network costs must be provided. Information must also be provided in writing and online so that the enrollee can estimate anticipated out-of-pocket costs. Written application procedures and minimum qualification requirements for health care providers must be provided. An insurer shall disclose whether a health care provider scheduled to provide service is in-network and the approximate dollar amount that the insurer will pay for out-of-network care. Insurers shall inform an enrollee that this approximate amount is not binding and may change. An out-of-network referral denial is a denial of a request on the basis that the health plan benefit has a health care provider in the network. When a denial occurs, the notice of denial shall have information explaining how to appeal the denial. 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 of Representatives Daily Report for February 28, 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 27th Legislative Day, Wednesday, March 1,

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

Wednesday, March 1, at 9:00 a.m., to set the Rules Calendar for the 28th Legislative Day.

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

House Committee: Juvenile Justice Committee Action:


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) Rule Applied: Modified-Structured

House Committee: Appropriations Committee Action:


HB 67 Crimes and offenses; entering a motor vehicle with the intent to commit a theft or felony; provide for increased punishment

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

Authored By: Rep. William Boddie (62nd) Rule Applied: Modified-Structured

House Committee: Judiciary Non-Civil Committee Action:



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HB 85 Ad valorem tax; methodology used to establish forest land fair market value; revise

Bill Summary: House Bill 85 amends the definition of "forest land fair market value" by removing the benchmark of the 2008 value. It adds a new section, relating to special assessment of forest land conservation use property, which mandates the commissioner of the Department of Revenue to deduct and retain a one percent fee on the assistance grants provided to counties, and establishes the definition of "timberland property". Timberland property is defined as property that is primarily used for the production of trees for the purpose of producing commercial timber. "Qualified timberland property" is defined as property that is titled to a qualified owner who submits a list of all parcels that contain timberland property and the specific portions of the parcels that are timberland property, and a certification that the land will not be developed or sold for development as residential property of 20 acres or less. A "qualified owner" is defined as any individual or entity that certifies and registers with the commissioner that they are engaged in the production of trees primarily for commercial timber. The bill states that the assessment of qualified timberland be completed using the fair market value of the property based upon the ability of the property to generate income from the production of commercial timber and provides the commissioner with the ability to access qualified timberland property to conduct appraisals.

Authored By: Rep. Jay Powell (171st) Rule Applied: Structured



HB 114 Move on When Ready Act; prohibit school systems from excluding students in dual credit courses from valedictorian or salutatorian determinations

Bill Summary: House Bill 114 amends the 'Move on When Ready Act' to ensure dual-enrollment students are not penalized by local school systems for taking on the challenge of collegiate coursework while still in high school. This legislation provides that no school system can exclude a dual-enrolled student from eligibility for class valedictorian or salutatorian; however, students who move into the school system after their sophomore year must take at least one course on site at their high school to be eligible for valedictorian or salutatorian.

Authored By: Rep. Robert Dickey (140th) Rule Applied: Modified-Open

House Committee: Education Committee Action:


HB 118 Fantasy Contests Act; enact

Bill Summary: HB 118 is the 'Fantasy Contest Operators Act'. The Act defines "fantasy contest" as a simulated game or contest in which the value of all prizes offered is known in advance; all winning outcomes reflect the relative knowledge and skill of those who enter the game or contest and are determined by statistical results of the performance of individuals in sporting events or other competitions; winning outcomes are not based on the performance of a single team, combination of teams, or any individual; and contests are not based on university, college, high school, or youth sporting events. No fantasy contest operator can provide fantasy contests without being registered with the Department of Revenue. Before obtaining the necessary registration, the fantasy contest operator must pay an annual fee ranging from $5,000 to $15,000 depending on the gross revenues of the operator. In addition to the fee, the operator must also pay six percent of gross contest revenues. The bill requires that fantasy contest operators implement procedures intended to prevent employees of the operator from participating in contests with cash prizes; prevent the sharing of confidential information before information is made public; prevent operators from participating in contests; verify that the players are 18 years of age or older; ensure that individuals who participate in a sporting event that is the subject of a fantasy contest are restricted from entering such fantasy contests; and segregate fantasy contest player funds from operational funds of the fantasy contest operator.

Authored By: Rep. Trey Kelley (16th) Rule Applied: Structured




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HB 165 Medical practice; maintenance of certification shall not be required; provide

Bill Summary: This bill provides that "maintenance of certification" means a continuous professional development program through which certified physicians maintain a certification by a board that specializes in one particular area of medicine in addition to those the Georgia Composite Medical Board requires to practice medicine.

Authored By: Rep. Betty Price (48th) Rule Applied: Modified-Structured

House Committee: Health & Human Services Committee Action:


HB 197 Fair Business Practices Act; requirements for solicitations of services for obtaining a copy of an instrument conveying real estate; provide

Bill Summary: This bill requires third party property deed solicitors that mail a solicitation for services to obtain a copy of an instrument conveying real estate to disclose at the top of their solicitation in all caps with at least 16-point Helvetica font that "this is not a bill or official government document. This is a solicitation."

Authored By: Rep. Sam Teasley (37th) Rule Applied: Modified-Open


02-09-2017 Do Pass

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

House Committee: Game, Fish, & Parks Committee Action:


HB 266 Guardian and ward; personal property value guardian may receive without becoming legal conservator of minor; provisions

Bill Summary: This bill amends Code sections relating to "natural guardians", defined as parents or a parent with sole custody, and "legally-qualified conservators", defined as court-appointed guardians, of minors. The following thresholds are increased from $15,000 to $25,000 for: (1) the personal property value that a natural guardian may receive without becoming a legally-qualified conservator of the minor; (2) the amount of debt owed to a minor which a natural guardian may release without court approval; (3) the amount of proposed gross settlement, present value of all amounts paid or to be paid, in settlement of a minor's legal claim that a natural guardian may settle without becoming the conservator of the minor or seeking court approval; and (4) the amount that a conservator may settle of any contested or doubtful claim or release the debtor of a minor without court approval.

Authored By: Rep. Trey Kelley (16th) Rule Applied: Modified-Structured


02-21-2017 Do Pass

HB 271 Water resources; shore protection; revise various provisions

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


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Authored By: Rep. Jesse Petrea (166th) Rule Applied: Modified-Structured

House Committee: Natural Resources & Environment Committee Action:


HB 275 Game and fish; rules and regulations used to establish criminal violations; change provisions

Bill Summary: House Bill 275, relating to towing persons on water skis, aquaplanes, surfboards or similar devices, provides definitions for "body surfing" and "wake surfing", as well as requires the use of a life jacket for both activities. The bill also necessitates the use of a vessel with an inboard motor to body surf.

Authored By: Rep. Matt Dubnik (29th) Rule Applied: Modified-Structured

House Committee: Game, Fish, & Parks Committee Action:

02-21-2017 Do Pass

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) Rule Applied: Structured



HB 328 Highways; uniform rules of the road; provisions

Bill Summary: House Bill 328 is a Department of Transportation housekeeping bill. The legislation amends several Code sections. In regards to vehicle loads and length limitations, the current four-foot overhang is extended to six feet. In the section relating to calculating weight violations, the weight of idle reducing technology is taken from 400 pounds up to 550 pounds for what may be taken from the gross weight on a vehicle load. In the section regulating Flex Auto Lanes, language allowing for a maximum of eight-hour operations by GDOT is removed so that the department may regulate hours of these lanes completely. Finally, in the uniform rules of the road, two sections are updated. Flashing


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yellow and red lights are amended to include the word "circular" so that Code now refers to them as flashing circular red and flashing circular yellow signals, and in the section relating to approaching and entering an intersection, "inoperative traffic signal" is changed to "unactivated or in dark mode".

Authored By: Rep. Sam Watson (172nd) Rule Applied: Modified-Structured

House Committee: Transportation Committee Action:


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 striking the bracketed tax rate model and replacing it with a flat 5.4 percent rate for all income levels, 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 and standard deductions accordingly, removing the deduction of Georgia income taxes paid, and establishing an earned income tax credit at 10 percent of the federal credit, not to exceed the taxpayers income tax liability.




HB 337 State Tax Execution Modernization Act; enact

Bill Summary: House Bill 337, the 'State Tax Execution Modernization Act', is an overhaul of the Code sections relating to tax liens. The bill provides a uniform state-wide system for filing notices of state tax executions and allows for a taxpayer to appeal directly to the Georgia Tax Tribunal.

Authored By: Rep. Bruce Williamson (115th) Rule Applied: Structured



HB 338 Education; system of supports and assistance for low-performing schools in the greatest need; provisions

Bill Summary: House Bill 338 creates an alternative intervention for schools that fall under the State Board of Education's intervention power in the form of a turnaround school. Schools which currently fall under the State Board of Education's intervention power are schools which receive an unacceptable rating determined by the Office of Student Achievement. This alternative intervention will include a Chief Turnaround Officer, turnaround coaches, and a turnaround advisory committee. This legislation also includes the creation of two study committees; the Joint Study Committee on the Establishment of a State Accreditation Process and the Joint Study Committee on the Establishment of a Leadership Academy. HB 338 further amends O.C.G.A. 20-2-54.1 relating to the removal process of local school board members upon potential loss of accreditation.

Authored By: Rep. Kevin Tanner (9th) Rule Applied: Modified-Structured



HB 344 Paternity; parties beyond movants in a child support case request a genetic test; allow

Bill Summary: HB 344 allows for either party to move for genetic paternity testing when involved in a child support order. Moreover, the bill provides for a series of circumstances where the Department of Human Services can deny a request for genetic testing in a case where there is an underlying child support order. The department may deny the request for paternity testing if a paternity test was previously completed, the child has been adopted by one of the parties involved in the order, the child was conceived by means of artificial insemination, or the Department of Human Services has previously offered paternity testing and the requester refused the test.

Authored By: Rep. Katie Dempsey (13th) Rule Applied: Modified-Structured


02-23-2017 Do Pass


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HB 357 Georgia Uniform Certificate of Title for Vessels Act; enact

Bill Summary: House Bill 357, the 'Georgia Uniform Certificate of Title for Vessels Act', requires that every vessel using the waters of this state be titled unless it is exempt from being required to be numbered. All outboard motors greater than 25 horsepower must be included on the vessel title. If an owner transfers ownership of a damaged hull vessel that is covered by a certificate of number, the owner must submit an application to the department for a new certificate of number including the title brand designation "damaged hull" or indicate on the certificate of title or bill of sale that the vessel is hull-damaged. The bill requires the Department of Natural Resources to maintain electronic records of titles and provide a physical certificate of title to the owner or lienholder upon request. The bill strikes the fees for numbering vessels for three-year registrations.

Authored By: Rep. Ron Stephens (164th) Rule Applied: Structured



HB 375 Revenue and taxation; tax executions; modify certain provisions

Bill Summary: House Bill 375 repeals 48-5-163 which allowed tax collectors to collect a fee of 50 cents for issuing a tax execution.

Authored By: Rep. Brad Raffensperger (50th) Rule Applied: Structured


02-23-2017 Do Pass

HB 391 Safe Place for Newborns Act of 2002; revise provisions

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

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


02-23-2017 Do Pass

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) Rule Applied: Modified-Open



HR 51 Forest land fair market value; prescribed methodology; remove - CA

Bill Summary: House Resolution 51 amends the Constitution, where it relates to forest land conservation use property, by striking the base year of 2008 for determining the fair market value of forest land conservation use property and allowing a fee of up to five percent to be deducted from assistance grants provided to counties to be retained by the state to cover the costs of administering the 'Forest Land Protection Act'. The bill also authorizes the General Assembly to establish a separate class of property for ad valorem taxation purposes known as "timberland property" and provides ballot language relating to these amendments.





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HR 362

Joint Study Committee on Stream Buffers in Georgia; create

Bill Summary: HR 362 creates the Joint Study Committee on Stream Buffers for the purpose of reviewing the existing data and current practices relating to stream buffers prior to recommending legislation. The committee is composed of 17 members: five members of the House, with the chairperson of Natural Resources and Environment serving as co-chair, and five members of the Senate with the chairperson of Natural Resources and Environment serving as the co-chair; the director of the Environmental Protection Division; three members of the private sector with experience in water resources appointed by the speaker of the House, and three members appointed by the president of the Senate. The committee is authorized to meet up to five days.

Authored By: Rep. Lynn Smith (70th) Rule Applied: Modified-Structured

House Committee: Special Rules Committee Action:

02-24-2017 Do Pass

House of Representatives Daily Report for February 28, 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.

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:


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

Authored By: Rep. Buzz Brockway (102nd)

House Committee:



HB 463 Early Care and Learning, Department of; establish nonprofit corporation to qualify as a public foundation; authorize

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

Authored By: Rep. Katie Dempsey (13th)

House Committee:


02-28-2017 Do Pass

HR 405 State Board of Education; election of members; provide - CA

Bill Summary: House Resolution 405 amends Article VIII, Section II of the Constitution to provide for the election of the State Board of Education by a majority vote of the members of the House of Representatives and Senate whose respective districts are within such congressional district. This amendment allows for a board member for every congressional district in the state of Georgia. The State Board of Education is currently appointed by the governor and comprised of 10 members.

Authored By: Rep. Sam Teasley (37th)

House Committee:


02-28-2017 Do Pass


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Health & Human Services Committee SB 102 Emergency Medical Services; emergency cardiac care centers; designation; Office of Cardiac

Care within Department of Public Health; establishment

Bill Summary: This bill establishes the Office of Cardiac Care within the Department of Public Health and a three-level designation system with criteria for each level of emergency cardiac care center. The office shall administer the designation process including data collection, analysis, reporting, and site visits. Level I shall have: 1. Cardiac catheterization and angioplasty facilities available 24 hours, seven days per week, 365 days per year; 2. On-site cardiothoracic surgery capability available 24 hours, seven days per week, 365 days per year; 3. Established protocols for therapeutic hypothermia for out-of-hospital cardiac arrest patients; 4. The ability to implant percutaneous left ventricular assist devices for support of hemodynamically unstable patients experiencing out-of-hospital cardiac arrest or heart attack; 5. Neurologic protocols to measure functional status at hospital discharge; and 6. The ability to implant automatic implantable cardioverter defibrillators. Level II shall have: 1. Cardiac catheterization and angioplasty facilities available 24 hours, seven days per week, 365 days per year; 2. Established protocols for therapeutic hypothermia for out-of-hospital cardiac arrest patients; 3. Neurologic protocols to measure functional status at hospital discharge; and 4. A written transfer plan with one or more Level I emergency cardiac care centers for patients who need left ventricular assist devices or cardiothoracic surgery. Level III shall have: 1. Established protocols for therapeutic hypothermia for out-of-hospital cardiac arrest patients; 2. One or more additional levels of cardiac care centers as necessary based upon advancements in medicine and patient care; and 3. A transfer agreement for the transport and acceptance of cardiac patients. A hospital can apply to the office for designation as an emergency cardiac care center as long as the hospital demonstrates the satisfaction of the applicable criteria. A hospital seeking designation as an emergency cardiac care center may apply for a grant and provide information as the office deems necessary to determine if the hospital is eligible for such grant. The Office of Cardiac Care will establish a data reporting system on all out-of-hospital cardiac arrest patients and all heart attack patients. Existing data bases can be modified to include additional reporting regionally, nationally or any combination thereof. The office will have on an ongoing analysis of state-wide data collected for out-of-hospital cardiac arrest patients and heart attack patients, with the goal of improving survival rates over the initial three years of the program, and shall improve any processes or adjust any protocols as necessary to implement best practices to improve the cardiac care of patients through emergency cardiac care centers in this state. The office will be required to annually prepare and submit to the governor, the president of the Senate, the speaker of the House of Representatives, and the chairpersons of the House Committee on Health and Human Services and the Senate Health and Human Services Committee for distribution a report indicating the total number of hospitals that have applied for grants, the number of applicants that have been determined by the office to be eligible for such grants, the total number of grants to be awarded, the name of each grantee and the amount presented to each awarded grantee. Beginning June 1, 2018, and each year thereafter, the office shall provide a list of designated emergency cardiac care centers to the medical director of each licensed emergency medical services provider in this state, shall maintain a copy of such list in the office, and shall post such list on the office's website. The office will develop a sample emergency cardiac care triage assessment tool and post this sample assessment tool on its website. The copy of the sample will then be distributed to


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each licensed emergency medical services provider no later than December 31, 2017.

Authored By: Sen. Butch Miller (49th)

House Committee:

Health & Human Services Committee Action:

02-28-2017 Do Pass

Intragovernmental Coordination - Local Committee HB 476 Dougherty County; coroner and deputy coroners; provide compensation

Bill Summary: This bill provides for compensation for the coroner and deputy coroners of Dougherty County. The coroner will make $65,000 a year and deputy coroners will be compensated by fees for the performance of no more than 25 investigations performed during a calendar year.

Authored By: Rep. Gerald Greene (151st)

House Committee:

Intragovernmental Coordination - Local

Committee Action:

02-28-2017 Do Pass

HB 477 Appling County; board of elections and registration; create

Bill Summary: This bill creates a board of elections and registration for Appling County. The board will have the powers, duties, and responsibilities currently being exercised by the Board of Elections of Appling County and the Board of Registrars of Appling County.

Authored By: Rep. Chad Nimmer (178th)

House Committee:


Committee Action:

02-28-2017 Do Pass

HB 480 Chatham County Urban Development Authority Act; enact

Bill Summary: This bill creates the Chatham County Urban Development Authority to promote economic revitalization and community development. The bill creates a board of trustees made up of five members for the authority. Additionally, the authority is authorized to issue revenue bonds and collect payments for the bonds.

Authored By: Rep. J. Craig Gordon (163rd)

House Committee:


Committee Action:

02-28-2017 Do Pass

SB 124 "City of Decatur Public Facilities Authority Act"

Bill Summary: This bill creates the City of Decatur Public Facilities Authority and provides for the appointment of members to the authority. It also confers powers to the authority and authorizes the issuance of bonds for it.

Authored By: Sen. Elena Parent (42nd)

House Committee:


Committee Action:

02-28-2017 Do Pass

Judiciary Committee HB 50 Livestock; liability protection for certain activities; provide

Bill Summary: HB 50 amends Title 4, relating to inherent risks associated with equine and llama activities, by expanding liability protections to include activities involving "livestock". "Livestock" is defined as swine, cattle, sheep, and goats. Currently, a "livestock activity sponsor," which is any entity that sponsors, organizes, or provides facilities for a "livestock activity" (any non-profit event in which participants engage in the care or maintenance of livestock such as grazing, herding, and feeding) is not liable for an injury to or the death of a participant resulting from the inherent risks of such animal activities. In order to invoke such immunity the livestock activity entity must provide a


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

Authored By: Rep. Clay Pirkle (155th)

House Committee:

Judiciary Committee Action:


HB 192 Banks, trust companies, and corporations; responsibilities and standard of care of directors and officers; change provisions

Bill Summary: HB 192 amends sections relating to management of bank and trust companies and directors and officers of corporations to specifically shielding directors and officers from personal liability brought about by ordinary negligence in carrying out their duties often referred to as the "business judgment rule." The bill defines "gross negligence" as a reckless indifference or deliberate disregard for the best interests of the bank or trust company and its shareholders. Directors and officers are to discharge their duties in good faith; as such, a director or an officer shall not be liable to the corporation, its shareholders or certain other parties, for any action or failure to take action if the director's action or failure does not constitute gross negligence. A director or officer is entitled to rely upon properly delegated individuals the director or officer reasonably believes to be reliable and competent in performing delegated responsibilities producing data and information. This bill does not alter: the burden of proving the fact or lack of fairness otherwise applicable; liability of a director involving an unlawful distribution or a conflicting interest transaction; or deprive a director of the protection of the business judgment rule.

Authored By: Rep. Beth Beskin (54th)

House Committee:



HB 278 Business corporations; benefit corporations; provisions

Bill Summary: HB 278 amends the Code section related to business corporations by adding a new article relating to benefit corporations. The bill defines a "benefit corporation" as a business with articles of incorporation that contain a public benefit provision. Requirements of benefits corporations are outlined, such as proper name, stock certifications, and a disclosure that they are a benefit corporation on issued stock. Additionally, a two-thirds vote of all classes for non-benefit corporations is required to: (1) amend its articles of incorporation to include a public benefit provision; (2) transfer property if the entity transferring to is a benefit corporation or similar entity; or (3) engage in a transaction that would result in shareholders owning shares of a benefit corporation, or similar entity. Benefit corporations, without at least two-thirds vote of all voting classes, shall not amend their articles to remove or substantially alter the public benefit provision, engage in a transaction that would give ownership or interest of the benefit corporation to a non-benefit corporation, or transfer property to a transferee who is not a benefit corporation. Furthermore, this bill charges the board of directors of the benefit corporation to be mindful of the public provision when conducting business and adopt a standard to measure the achievement performance regarding the public benefit provision. Liability is limited for boards of directors because boards: (1) have no duty to any person that has an interest in the public benefit specified in the articles of incorporation; and (2) unless stated in the articles of incorporation, no monetary liability to any person for any failure to comply with this Code section or for failure to pursue any public benefit. The benefit corporation shall also provide each member with a statement containing the public benefit provision on each notice for a meeting. No less than annually, the board shall provide its


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shareholders and anyone who requests, a statement showing the performance on the pursuit of the public benefit provision of their articles of incorporation. Requirements of the benefit corporation shareholder meetings are outlined. Additional requirements that may be listed in the benefit corporation's articles are outlined. The definition of "foreign corporation" includes benefit corporations, social purpose corporations or substantially similar entities. The right to dissent in benefit corporations gives an option by including "consummation" with two-thirds vote as previously stated. Finally, a section is amended to refer to one of the sections added in this bill for the requirement of the name of the foreign corporation.

Authored By: Rep. Scott Holcomb (81st)

House Committee:


02-28-2017 Do Pass

HB 359 Supporting and Strengthening Families Act; enact

Bill Summary: This bill amends the Code section relating to the power of attorney between a parent and an agent for temporary authority over the parent's child. The new article shall be known as the 'Supporting and Strengthening Families Act'. A parent of a child may delegate caregiving authority for their child, not to exceed one year, by executing a power of attorney to an adult individual who meets certain qualifications. To be a qualified adult, the individual must reside in Georgia and be the great-grandparent, grandparent, step-parent, former step-parent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling, or is associated with an organization licensed as a child placing agency or nonprofit in good standing with the IRS. The powers granted are that of a parent, except those of marriage or adoption of the child, matters relating to abortion, or the termination of parental rights. The power of attorney may be done without a court order, and must not limit existing child support. Child support specifics are outlined. Specifics of the agent are outlined, such as acceptance in writing for the care of the child, no record on the child abuse or child sexual offender registry in any state, and acknowledge the possibility of completing a criminal background check. Responsibility of the agent is stipulated as being in the best interest of the child. Specific requirements of the agents and public schools related to the school enrollment of the child are outlined. Requirement of notice by the person who has custody of the child to the non-custodial parent and the non-custodial parent’s right to object are addressed. Parents and agents shall not be precluded by this article to seek emergency medical treatment for the child while he/she is in the custody of a supervisor at the request of the parent/agent. A section is added to address the illegality for either executing a power of attorney to enroll the child in school for athletic purposes, or for avoiding investigation of the child's welfare by the Division of Family and Children Services of the Department of Human Services. The power of attorney shall be signed under oath and acknowledged before a notary public; the person executing it and the agent must be present. A copy of such power of attorney must be filed by either the parent or agent with the probate court of the county in which the parent resides. The agent has the authority to act on behalf of the child for the duration of the power of attorney without compensation, as long as it does not exceed a year or is revoked or terminated by the individual who executed the power of attorney, the parent, or a court of competent jurisdiction. Steps and requirements for revocation of the power are addressed, including letting schools and health providers know of the temporary change in custody, as well as returning the child to the parent who executed the power of attorney as soon as reasonably possible. The power of attorney shall not constitute abandonment, child abuse, or neglect unless the person executing the power fails to take custody back at the end of its duration. The child shall not be considered placed in a foster care and it shall not entail any foster care licensing requirements on the agent. If the grandparent is the one who receives power, the duration of the power may be unlimited.


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If the parent granted caregiving authority is a member of the U.S. armed forces or reserves, the year-long caregiving period may be extended if the parent is deployed but not to exceed the term of deployment plus 30 days. A form is provided, which if properly completed, signed, and notarized, is sufficient to grant the temporary delegation of caregiving authority to an agent.

Authored By: Rep. Barry Fleming (121st)

House Committee:



HB 370 Council of Municipal Court Judges of Georgia; create and administer savings and deferred compensation plans for members; authorize

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

Authored By: Rep. Scott Hilton (95th)

House Committee:


02-28-2017 Do Pass

HB 433 Property; expiry dates for writs of possession after issuance; provide

Bill Summary: HB 433 amends the Code regarding a writ issued to recover the possession of land or other property by adding a new period of effectiveness for the writ after: failure to answer summons, failure to pay rent into the court, judgment against tenant, and after an issue has been determined upon appeal. Currently, if a tenant fails to answer a summons within seven days of service, the court issues a "writ of possession instanter", which gives the landlord immediate possession of the property with no limit on how long the writ may be enforceable. Under this legislation, the writ is only effective if presented for execution to the appropriate authority (ie sheriff, constable, etc.) within 30 days after issuance or extended by court order. When a tenant fails to pay rent into court as it becomes due, the court may currently issue a "writ of possession" and the landlord shall be placed in full possession of the premises by the sheriff, the deputy, or the constable with no time limit on enforceability. The bill provides such writ shall now only be effective if presented for execution to the appropriate authority (i.e. sheriff, constable, etc.) within 30 days after issuance or unless otherwise extended by court order. Currently, if judgment in the trial is against the tenant, the court shall issue a writ of possession to be effective at the expiration of seven days after the date of such judgment was entered, with no limit on how long the writ may be enforceable. HB 433 states such writ is only effective if presented for execution to the appropriate authority (i.e. sheriff, constable, etc.) within 30 days after issuance or unless otherwise extended by court order. Further, the bill provides that when an issue has finally been determined on appeal, any writ of possession which has been issued shall only be effective if presented for execution to the appropriate authority (i.e. sheriff, constable, etc.) within 30 days after issuance.

Authored By: Rep. Scott Hilton (95th)

House Committee:



HB 453 County law library; board of trustees; add chief judge of magistrate court

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


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Authored By: Rep. David Dreyer (59th)

House Committee:


02-28-2017 Do Pass

HB 497 Juvenile proceedings; filing a petition for delinquency when informal adjustment or other nonadjudicatory procedures are used; extend period

Bill Summary: HB 497 automatically extends the period for filing a petition for delinquency, which is a petition accusing a child of committing a crime who is in need of treatment and rehabilitation, when informal adjustment, which is an informal resolution to an alleged non-serious delinquent or unruly act in which the child agrees to counsel and advice in lieu of a judgment against him or her, is being used until such informal adjustment has failed, and to provide for de facto custodians custody arrangements and rights. The bill provides that when informal adjustment is being used, the 30-day deadline to file a petition alleging delinquency shall not commence until such informal adjustment or non-adjudicatory procedure has failed. The bill defines "de facto custodian" as an individual who has shown to have accepted the parental responsibilities of a child and has developed a close relationship with the child, without the expectation of financial compensation, and if the child is under three years of age, has resided with such individual for six months or more; or if the child is three years or older, has resided with such individual for a period of one year or more. The bill recognizes a de facto custodian as a potential party to a child custody dispute and is held on equal footing with the child's parent or parents. The de facto custodian shall have the same rights and duties as either the custodial or non-custodial parent currently has, depending on which role the de facto custodian is filling. The bill includes a de facto custodian in the list of parties able to secure custody of a child. During any custody action between a parent and a de facto custodian, the court may determine that an award of joint custody with such individuals is in the best interest of the child. De facto custodians are not subject to the presumption that it is in the best interest of the child to be awarded to the parent or parents of the child. A parent or de facto custodian may file a motion containing specific instances of actual abuse, neglect, or other harmful activities and the court may direct the appropriate child services agency to investigate the home of either the parent or de facto custodian. The bill further provides that a de facto custodian is to be included in the definition of a family member in the case of child visitation and intervention rights equal to those afforded in statute to grandparents.

Authored By: Rep. Chuck Efstration (104th)

House Committee:



Judiciary Non-Civil Committee HB 32 Crimes and offenses; sexual contact between school employees or agents and enrolled students;

prohibit

Bill Summary: HB 32 expands the scope of individuals in schools who are within the sexual assault statute by including all school employees who have the lawful authority to enforce school rules or the ability to give direction to students.

Authored By: Rep. Joyce Chandler (105th)

House Committee:

Judiciary Non-Civil Committee Action:



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Motor Vehicles Committee HB 438 Motor vehicles; off-road vehicles; restrict operation on roadways

Bill Summary: House Bill 438 defines "public space" as an area open to the public, whether privately- or publicly-owned. It clarifies that the term includes private parking areas which are customarily open to the public. Further, it provides that no person shall drive an off-road vehicle on a highway or in a public space in a manner which poses a direct threat of harm to persons or property. This does not apply where off-road vehicles are expressly permitted by the property owner. Finally, it provides that a person who operates an off-road vehicle on a roadway is not guilty of a crime, but is subject to a $100 fine. If the operator is on a highway or public space, as defined in the bill, they are guilty of a misdemeanor for a first offense. On a second or subsequent offense, one is guilty of a misdemeanor of a high and aggravated nature and subject to a fine of $5,000.

Authored By: Rep. Pat Gardner (57th)

House Committee:

Motor Vehicles Committee Action:


HB 469 Motor vehicle franchise practices; provide for definitions; provisions

Bill Summary: House Bill 469 amends the 'Georgia Motor Vehicle Franchise Practices Act' to clarify parts and labor reimbursement for warranty and re-call work; current franchise law requires that manufacturers compensate dealers for warranty and recall parts and labor at retail rate but it does not provide a procedure by which retail rate is calculated. This provision details a procedure for the calculation of retail rates for warranty and recall parts and labor based on a sampling of non-warranty customer-pay repair orders. A manufacturer can contest the retail rate declared by a dealer and suggest a rate adjustment. If the dealer and manufacturer cannot agree on a retail rate, the provision requires that the manufacturer's internal dispute resolution procedure, if any, be used in an effort to resolve the disagreement. If unsuccessful, a petition can be filed with the commissioner of Revenue. This section also requires manufacturers to compensate dealers for used vehicles in a dealer's inventory that cannot be sold due to a "stop sale" directive issued by the manufacturer. Finally, the bill allows manufacturers to exercise contractual right of first refusal under certain conditions.

Authored By: Rep. Jason Shaw (176th)

House Committee:

Motor Vehicles Committee Action:


Regulated Industries Committee HB 353 Pawnbrokers; fixed term pawn transactions for loans involving the pledge of a motor vehicle as

security; provide

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


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Protection.

Authored By: Rep. Brett Harrell (106th)

House Committee:

Regulated Industries Committee Action:


HB 419 Fireworks; certain counties further regulate use or ignition; enable authority

Bill Summary: HB 419 expands the ability for local governments to regulate the ignition of fireworks through local noise ordinances.

Authored By: Rep. Deborah Silcox (52nd)

House Committee:



HB 485 Distilled spirits; referendum election be held prior to issuance of licenses to manufacture; remove requirement

Bill Summary: HB 485 clarifies and edits the Code regarding local referendums to allow for the sale of alcohol within a county. In addition, HB 485 allows for the unincorporated locations within a county to produce and ship distilled spirits with a referendum or through actions by the local governing authority.

Authored By: Rep. Mike Glanton (75th)

House Committee:



HB 510 Alcoholic beverages; population and measurement of certain distances; repeal certain provisions

Bill Summary: HB 510 removes an unconstitutional population-based statute from the Code.

Authored By: Rep. Calvin Smyre (135th)

House Committee:


02-28-2017 Do Pass

Transportation Committee HB 481 Aviation; unmanned aircraft systems; provide for preemption

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

Authored By: Rep. Kevin Tanner (9th)

House Committee:

Transportation Committee Action:



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HB 506 Metropolitan Atlanta Rapid Transit Authority Act of 1965; award certain contracts involving concessions; provide for vote by Board

Bill Summary: House Bill 506 allows MARTA to issue request for proposals for contracts for concessions rather than being held to the current requirement of accepting only the highest bid.

Authored By: Rep. Tom Taylor (79th)

House Transportation Committee 02-28-2017 Do Pass by Committee Sub

HR 25 Senior Airman Tre Francesco Porfirio Memorial Intersection; Camden County; dedicate

Bill Summary: House Resolution 25 is the annual road facility dedication package. The following resolutions are included: HR 25 ' Representative Jason Spencer A resolution dedicating the interchange on I-95 at Laurel Island Parkway in Camden County as the senior Airman Tre Francesco Porfirio Memorial Intersection. HR 148 ' Representative Buddy Harden A resolution dedicating the bridge on SR 11/US 129 over Bluff Creek in Pulaski County as the Emmett R. "Whitey" Lollis Memorial Bridge. HR 171 ' Representative Lee Hawkins A resolution dedicating the intersection of Beechwood Blvd., NW and SR 53/Dawsonville Highway in Hall County as the Officer Henry Tillman Davis Memorial Intersection. HR 228 ' Representative Matt Hatchett Dedicating the interchange at I-16 and Exit 42 (SR 338) in Laurens County as the Deputy Kyle W. Dinkheller, LCSO 37, Memorial Interchange. HR 255 ' Representative Susan Holmes A resolution dedicating the portion of State Route 212 from Bragg Road to the Putnam County line in Jasper County as the Henry Grady Layson, Sr., Memorial Highway. HR 286 - Representative Susan Holmes A resolution dedicating the bridge structures on the Gray Bypass over SR 11 in Jones County as the Otis Redding Memorial Bridge. HR 287 ' Representative Susan Holmes A resolution dedicating the relocated portions of State Routes 11/22/US 129 in Jones County as the Veterans Memorial Parkway. HR 337 ' Representative Jan Tankersly A resolution dedicating the I-16 overpass bridge on SR 30/US 80/280 in Bryan County as the Corporal Rick Hall Memorial Bridge. HR 387 ' Representative Chuck Williams A resolution dedicating the bridge on Highway 441 at the Oconee/Clarke County line near White Oak Intersection as the First Sergeant Luke J. Mercardante Memorial Bridge.

Authored By: Rep. Jason Spencer (180th)

House Committee:

Transportation Committee Action:



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Ways & Means Committee HB 225 Ride share networks; licensing and sales tax exemption; repeal inoperable provisions

Bill Summary: House Bill 225 adds that every person who facilitates or brokers and accepts payment for sales of taxable tangible personal property or services delivered to or held for pickup at

a location within this state, even if that person that does not otherwise have a taxable presence in Georgia, shall have a taxable presence if they facilitate, broker and accept payment for the sale of

goods or services of over an aggregate annual amount of $250,000 that are subject to sales tax in the current or previous year.

Authored By: Rep. Jay Powell (171st)

House Ways & Means Committee 02-28-2017 Do Pass by Committee Sub


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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.

Wednesday, March 1, 2017 8:00 AM AGRICULTURE & CONSUMER AFFAIRS - 403 CAP 9:00 AM RULES - 341 CAP 10:00 AM FLOOR SESSION (LD 27) - HOUSE CHAMBER 1:00 PM GOVERNMENTAL AFFAIRS - 406 CLOB 2:00 PM Kelley Subcommittee of House Judiciary Civil - 515 CLOB 2:00 PM PUBLIC SAFETY - 403 CAP 3:00 PM HIGHER EDUCATION - 403 CAP 3:00 PM EDUCATION - CANCELLED - 606 CLOB 3:00 PM REAPPORTIONMENT - 506 CLOB

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february 28, daily report legislative 26th day...2017 daily report 26th legislative day house budget...

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