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TOMORROW’S FORECAST

   The House will reconvene for its 30th Legislative Day on Tuesday, March 11, at 10:00 AM.

   22 bills are expected to be debated on the floor.

Georgia House of Representatives
Daily Report
Thursday, March 6, 2008, the 29th Legislative Day

TODAY ON THE FLOOR

RULES CALENDAR

HB 180 - Prescription drugs; sold by certain Georgia companies; access restrictions; prohibit
- BILL SUMMARY: This bill would allow for any drug, service, or product brought to market by a Georgia based biomedical company to be exempted from restrictions such as preferred drug lists or the requirement for prior approval within the State Health Benefit Plan, or any other state administered health product, such as Medicaid or Peachcare for Kids. The measure does this by preventing the Department of Community Health from contracting with Georgia  biomedical companies with terms including exclusionary provisions, like PDLs, prior approval, and step therapy.
- Authored By: Rep. Carl Rogers of the 26th
- House Committee: Health & Human Services
- Rule: Modified-Open
- Amendment (s): N/A
- Yeas: 41; Nays: 104

HB 189 - Sales and use tax exemption; certain properties; change provisions
- BILL SUMMARY: The purpose of HB 189 is to extend a sales tax exemption for the construction of an infantry museum at Fort Benning. The exemption currently ends on June 30, 2008, and HB 189 extends this exemption on construction related sales to national infantry museums to June 30, 2009.
- Authored By: Rep. Richard H. Smith of the 131st
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 161; Nays: 0

HB 302 - Excise tax; public accommodation furnishings; change certain provisions
- BILL SUMMARY: HB 302 increases the hotel motel tax rate in Conyers from 6 to 8%. This bill provides for a new 8% paragraph that would apply only to Conyers. The amount of taxes collected that would exceed the revenues which would be collected at a rate of 4% must be used for promotion of tourism, conventions, and trade shows or for supporting a
publicly owned facility operated for convention and trade show purposes or any similar or related purposes. Another 16 2/3% of the revenues must be used for the purpose of constructing and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes.
- Authored By: Rep. Robert Mumford of the 95th
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 123; Nays: 21

HB 367 - Generic drugs; health insurance coverage; provisions
- BILL SUMMARY: HB 367 allows pharmacists to by-pass an insured’s formulary and to fill a ten day prescription while the prior approval process is taking place. There will be a fine of $500 administered by the Commissioner of Insurance on insurance companies that do not comply.
- Authored By: Rep. Earl Carter of the 159th
- House Committee: Insurance
- Rule: Modified-Open
- Amendment (s): N/A
- Yeas: 156; Nays: 0

HB 447 - Taxation; real estate investment trusts; dividends; clarify state conformity
- BILL SUMMARY: HB 447 conforms state income tax law to the federal treatment of dividends received from a real estate investment trust and regulated investment companies and disallows expenses paid to certain REITs. Currently there is a loophole in Georgia income tax law involving the use of REITs to reduce income tax, which is typically employed in the banking and retail industries. This loophole allows a business to deduct expenses that are paid to an affiliated REIT from their income taxes, and to receive this money back from the REIT in the form of a tax free dividend, therefore deducting an expense that never leaves the business. This legislation would close that loophole.
- Authored By: Rep. Larry O`Neal of the 146th
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 148; Nays: 2

HB 637 - Quality Basic Education Act; nationally norm-referenced instruments; revise provisions
- BILL SUMMARY: This bill relates to the assessment of effectiveness of educational programs under QBE. The bill adds language to Code Section 20-2-281 to state that each local school system may elect to administer, with state funding, nationally norm-referenced instruments in reading, math, science or social studies in grades 3-5 and 6-8, subject to funding and with assistance by the State Board of Education.
- Authored By: Rep. Brooks Coleman of the 97th
- House Committee: Education
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 151; Nays: 0

HB 641 - Education, Department of; State Board; Georgia Excellence Foundation; establish
- BILL SUMMARY: This bill establishes the Georgia Excellence Foundation to allow DOE to enter into public-private partnerships, so the Department can receive donations. The bill also would allow the State School Superindendent to enter into contracts for $100,000 or less. The current amount is $50,000.
- Authored By: Rep. Brooks Coleman of the 97th
- House Committee: Education
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 149; Nays: 1

HB 673 - Insurance; third party's lienholder; provisions
- BILL SUMMARY: HB 673 provides that when making any payment to a third party for damage to an automobile for any loss, the insurer shall have printed on the loss estimate, the following: "Failure to use the insurance proceeds in accordance with a security agreement between you and the lien holder, if any, may be a violation of Code Section 16-8-4 of the O.C.G.A. If you have any questions, contact your lending institution." Code Section 16-8-4 is the provision of law pertaining to theft by receiving.
- Authored By: Rep. Bill Hembree of the 67th
- House Committee: Insurance
- Rule: Open
- Amendment (s): N/A
- Yeas: 155; Nays: 0

HB 831 - Public Charter School Capital Financing Act; enact
- BILL SUMMARY: This bill, subject to appropriation, would encourage public private partnerships for private donors to charter schools by providing that the Dept of Ed provide matching funds for charter schools.
- Authored By: Rep. Ed Setzler of the 35th
- House Committee: Education
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 137; Nays: 21

HB 831 - Public Charter School Capital Financing Act; enact
- BILL SUMMARY: This bill, subject to appropriation, would encourage public private partnerships for private donors to charter schools by providing that the Dept of Ed provide matching funds for charter schools.
- Authored By: Rep. Ed Setzler of the 35th
- House Committee: Ways & Means
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 137; Nays: 21

HB 993 - Absentee voting; casting ballot in person; provisions
- BILL SUMMARY: HB 993 allows that each elector who is 75 years of age or older or who is disabled and requires assistance in casting an absentee ballot in person at the registrar´s office, absentee ballot clerk´s office, or other locations as provided for in Code Section 21-2-382, shall, upon request to a designated office employee or other individual, be authorized to vote immediately at the next available voting compartment or booth without having to wait in line if such location utilizes direct recording electronic voting systems or be authorized to go to the head of any line necessary to cast a written absentee ballot. Further, it requires the provisions of this bill to be prominently displayed in the registrar´s office or absentee ballot clerk´s office.
- Authored By: Rep. Bill Hembree of the 67th
- House Committee: Governmental Affairs
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 142; Nays: 0

HB 1000 - Watercraft Certificate of Title Act; enact
- BILL SUMMARY: This bill creates the “Watercraft Certificate of Title Act.” It sets forth the guidelines and principles for the titling of watercraft. Georgia is one of 13 states that does not currently title boats. There is no procedure to verify if there are liens on a boat. Ownership is official only through a bill of sale. In the case of this bill, ‘vessel’ means every
description of watercraft that is used or is capable of being used as a means of transportation on water including inflatable rafts and homemade vessels. Seaplanes on the water or sailboards are excluded from the definition of vessel.
- An amendment was offered in committee that set forth an additional vessel exemption from the titling process if the boat is motorized but the motor does not exceed 10 horsepower. The bill follows the titling process that exists with
automobiles in Georgia. The bills also refers to new boats and does not require that previously purchased vessel be titled.
- Authored By: Rep. John Heard of the 104th
- House Committee: Game, Fish, & Parks
- Rule: Open
- Amendment (s): N/A
- Yeas: 142; Nays: 4

HB 1024 - Municipal and county recreation systems; minimum and maximum tax; provisions
- BILL SUMMARY: Currently, a recreation tax may be levied by a county or city if approved by local voters. The governing body must annually levy and collect the tax, in an amount that is not less than the minimum nor more than the maximum amount set out in the petition for the election. HB 1024 provides for removal of the minimum or maximum recreation tax, or both, by a city or county upon the adoption of a resolution, subject to approval in a local referendum. The vote must take place more than 45 days after the date of the adoption of the resolution. If a majority of the voters voting approve the removal, the minimum or maximum or both shall be removed. Where a minimum or maximum has been removed, the amount of funding for a recreation system will then be determined by the governing body in its
discretion.
- Authored By: Rep. Roger Williams of the 4th
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 148; Nays: 1

HB 1098 - Primaries and elections; election superintendents; provisions
- BILL SUMMARY: HB 1098 places the same reporting requirement to the Secretary of States Office on municipal elections as on all other elections in the state. Further, it will require municipal elections officials to gain the same
certification from the Secretary of States Office as all other elections officials.
- Authored By: Rep. Bobby C Reese of the 98th
- House Committee: Governmental Affairs
- Rule: Structured
- Amendment (s): N/A
- Yeas: 149; Nays: 0

HB 1100 - Income tax credit; qualified film, video, or digital productions; revise and change
- BILL SUMMARY: HB 1100 is an economic development tool that makes changes to the income tax credit for film, video, or digital productions in Georgia, so as to make this state more competitive as a location for these productions. Production companies and their affiliates that have not had over $30 million in expenditures in Georgia in 2002, 2003, and 2004 are eligible for this income tax credit if their base investment in qualified production activities in Georgia is at least $500,000. This bill increases the credit from 9% of the base investment in this state to an amount not to exceed 20% of
the base investment. This bill also provides for an additional credit of 10% of the base investment if there is a qualified Georgia promotion. This bill also removes references to tiers used to classify counties, so as to make the credit uniform across all counties.
- Authored By: Rep. Ron Stephens of the 164th
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 157; Nays: 0

HB 1104 - Charitable solicitations; definitions; revise certain provisions
- BILL SUMMARY: Substitute LC-29-3324-S to HB 1104 amends O.C.G.A. § 43-17-2, et seq. concerning charitable solicitations. Section 1 amends the definition of educational institutions, fundraising counsel, and paid solicitor. Sections 2 and 3 require paid solicitors to register with the Secretary of State prior to engaging in solicitations, and disclose details concerning their compensation. Section 4 amends the financial reporting provisions for charities. Section 5 allows the Secretary of State to suspend or otherwise discipline a fundraiser for failing to respond to a subpoena from the Secretary
of State. Section 6 requires disclosures to be made at the time of solicitation. Section 7 amends the list of exemptions. Section 8 addresses investigations by the Secretary of State. Section 9 adds an emergency orders provision to the law.
- Authored By: Rep. Katie M. Dempsey of the 13th
- House Committee: Judiciary
- Rule: Open
- Amendment (s): N/A
- Yeas: 148; Nays: 1

HB 1163 - Brunswick Judicial Circuit; fifth judge for superior courts; provide
- BILL SUMMARY: HB 1163 adds one Superior Court judgeship each in the Brunswick, Alcovy, and Atlanta circuits.
- Authored By: Rep. Roger B. Lane of the 167th
- House Committee: Judiciary
- Rule: Open
- Amendment (s): N/A
- Yeas: 154; Nays: 0

HB 1168 - Excise tax; public accommodation furnishings; change certain provisions
- BILL SUMMARY: HB 1168 provides more flexibility in the use of revenues from the hotel motel tax for Perry, Georgia. Currently, cities and counties levying a 6% hotel motel tax under Paragraph 4 of the hotel motel tax code must expend 16 2/3% of those revenues for the purpose of supporting an aviation museum and hall of fame, or for the purpose of
construction or expansion of certain types of facilities. This bill provides an additional option for use of that percentage, which is for promotion tourism, conventions, and trade shows.
- Authored By: Rep. Larry O`Neal of the 146th
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 151; Nays: 0

HB 1178 - Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption
- BILL SUMMARY: HB 1178 extends a state sales tax exemption for gas or other fuel used in a structure where swine are raised. The exemption is set to expire on June 30, 2008, and this exemption extends the expiration to June 30, 2010.
- Authored By: Rep. Ellis Black of the 174th
- House Committee: Ways & Means
- Rule: Open
- Amendment (s): N/A
- Yeas: 146; Nays: 2

HB 1184 - Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize
- BILL SUMMARY: This bill relates to the Georgia Student Finance Authority and authorizes the authority to establish two pilot educational assistance programs for collegiate sports for students with physical disabilities. The authority is authorized to establish and administer a five-year pilot program to provide competitive sports opportunities for students
with physical disabilities at the collegiate level and provide scholarships to student athletes with disabilities. In order to implement the pilot program, the board of regents shall select two state schools to be pilot institutions. The selected institutions shall have programs in place that serve to create meaningful social change to promote human rights for people with disabilities.
The scope to the pilot program shall include goals of : (1) Ten full scholarships that may be subdivided as partial scholarships consistent with other collegiate sports; and (2) Twenty to 25 student athletes with physical disabilities by year three of the pilot program with an emphasis upon recruiting veterans with disabilities. The General Assembly will review the program after three years of operation.
- Authored By: Rep. Allen G. Freeman of the 140th
- House Committee: Higher Education
- Rule: Modified-Structured
- Amendment (s): Freeman Amendment 21 3560
- Yeas: 155; Nays: 1

HB 1193 - Sales and use tax exemption; certain aquariums; change provisions
- BILL SUMMARY: HB 1193 provides for a sales tax exemption on sales of property used in the construction of an aquarium expansion in this state from January 1, 2007 through June 30, 2011.
- Authored By: Rep. Mark Burkhalter of the 50th
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 150; Nays: 0

HB 1211 - Georgia Bona Fide Large Forest Conservation Use Act of 2008; enact
- BILL SUMMARY: This is the implementing legislation for HR 1276, which creates a new class of property for ad valorem tax purposes - forest land conservation property. This allows businesses or individuals with tracks of at least 200 acres to enter into a 15 year covenant to receive conservation use valuation of their property for tax purposes. This legislation also provides for a reimbursement to local taxing authorities for their loss in revenues due to this new class of property.
- Authored By: Rep. Richard A Royal of the 171st
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 161; Nays: 0

HB 1217 - State Licensing Board of Home Inspectors; create
- BILL SUMMARY: This bill amends Title 43, relating to professions and businesses. This legislation creates the State Licensing Board of Home Inspectors which will be authorized to regulate and license home inspectors. This bill requires every home inspector to obtain the home inspector license from the board in order to lawfully conduct business in the state of GA and therefore establishes the process of obtaining and renewing such license as well as provides for education and examination requirements. It further makes provisions regarding the home inspection reports, liability insurance, unlawful acts, etc.
- Authored By: Rep. Sean Jerguson of the 22nd
- House Committee: Regulated Industries
- Rule: Modified-Open
- Amendment (s): N/A
- Yeas: 122; Nays: 25
HB 1221 - Insurance contracts; corporations; employees covered; change minimum number
- BILL SUMMARY: HB 1221 changes provisions relating to corporate owned life insurance. Current law requires at least one hundred employees to participate in order for a policy to be bought. This bill will lower that threshold to two employees.
- Authored By: Rep. Howard Maxwell of the 17th
- House Committee: Insurance
- Rule: Open
- Amendment (s): N/A
- Yeas: 154; Nays: 0

HB 1243 - Alcoholic beverages; nonprofit organizations; issuance of temporary permits; change certain provisions
- BILL SUMMARY: This bill amends Code Section 3-9-3 related to issuance of temporary permits for sale of alcoholic beverages by nonprofit civic organizations. It extends the permit to allow the sale of wine not only on premises but also at retail for off-premises consumption for a maximum period of three days. It also increases the number of permits allowed to be issued to an organization per year from two to six. This bill further adds Code Section 3-9-4, which allows a nonprofit organization, upon the approval of the local licensing authorities and the payment of a $25 fee, to obtain a special use temporary permit authorizing such organization to auction wine in sealed containers for a period of three days. It allows a maximum of six permits to be issued per year, which will be valid only for the locations specified in the permit. This bill also allows nonprofit organizations to conduct auctions of donated wine as well as to ship and transfer it under certain circumstances and further provides for tax obligations.
- Authored By: Rep. Edward Lindsey of the 54th
- House Committee: Regulated Industries
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 131; Nays: 18

HB 1280 - Alcoholic beverages; regional economic assistance projects; provide state licensing
- BILL SUMMARY: This bill amends Title 3 of O.C.G.A. related to alcoholic beverages. It allows any regional economic assistance project to sell certain alcoholic beverages upon obtaining a state license and a local license if applicable. This bill allows the local government to collect taxes on such sales and authorizes the commissioner to create rules and regulations in regards to this matter. However, it states that in regards to the days and times of such sales the state regulation will supersede the local ordinance. Finally, it removes some provisions of Code Section 50-8-193 related to authorization for sale of alcoholic beverages by certified projects.
- Authored By: Rep. Ron Stephens of the 164th
- House Committee: Regulated Industries
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 138; Nays: 11

HB 1286 - Quality Basic Education Act; Veterans Day; revise provisions
- BILL SUMMARY: This bill requires schools be closed on Nov. 11th of each year in honor of Veterans Day.
- Authored By: Rep. Jerry Keen of the 179th
- House Committee: Education
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 150; Nays: 0

HB 1368 - Motor vehicle licensing requirements; out-of-state students exemption; revise certain provisions
- BILL SUMMARY: HB 1368 will exempt individuals that were recently enrolled as out of state students in colleges and universities of this state from having to obtain a Georgia driver's license.
- Authored By: Rep. Carl Rogers of the 26th
- House Committee: Motor Vehicles
- Rule: Modified-Structured
- Amendment (s): N/A
- Yeas: 150; Nays: 1

HR 1167 - Bainbridge, City of; "Bass Capital of Georgia"; declare
- BILL SUMMARY: No Summary Available
- Authored By: Rep. Gene Maddox of the 172nd
- House Committee: Rules
- Rule: Open
- Amendment (s): N/A
- Yeas: 138; Nays: 10

HR 1276 - Bona fide large forest land conservation use property; special assessment and taxation; provide - CA
- BILL SUMMARY: This legislation creates a new class of property for ad valorem tax purposes - forest land conservation property. This allows businesses or individuals with tracks of at least 200 acres to enter into a 15 year covenant to receive conservation use valuation of their property for tax purposes. This legislation also provides for a reimbursement to local taxing authorities for their loss in revenues due to this new class of property.
- Authored By: Rep. Richard A Royal of the 171st
- House Committee: Ways & Means
- Rule: Structured
- Amendment (s): N/A
- Yeas: 159; Nays: 0

SB 276 - Insurance; uninsured motor vehicle; available coverages are inadequate to cover person's bodily injury/property damage losses
- BILL SUMMARY: Limits coverage under uninsured motorist provisions to auto and motor vehicle liability and excludes umbrella and excess liability policies from required coverage Changes the definition of “uninsured motor vehicle” to provide that a motor vehicle is considered uninsured when the
coverage is inadequate to cover the insured’s losses and damages Allows uninsured motor vehicle coverage to be stacked with other available liability coverage and allows a motorist to select more restrictive uninsured motorist coverage
- Authored By: Sen. Cecil Staton of the 18th
- House Committee: Judiciary Non-Civil
- Rule: Structured
- Amendment (s): N/A
- Yeas: 141; Nays: 3

   The House will reconvene Tuesday, March 11, at 10:00 AM, for its 30th Legislative Day of the 1st Regular Session of the 149th General Assembly.
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COMMITTEE ON RULES
The Committee on Rules has fixed the calendar for the 30th Legislative Day, Tuesday, March 11, and bills may be called at the pleasure of the Speaker.

RULES CALENDAR FOR NEXT LEGISLATIVE DAY

HB 92 - Tattoo; misdemeanor; eye socket; repeal
- BILL SUMMARY: Changes the provision that makes it a misdemeanor to tattoo within one inch of the eye socket to provide that it is a misdemeanor to tattoo either of the two folds of skin and muscle that can be closed over the exposed portion of the eyeball
- Authored By: Rep. Melvin Everson of the 106th
- House Committee: Judiciary Non-Civil
- House Committee Passed: 3/3/2008
- Rule: Open

HB 367 - Generic drugs; health insurance coverage; provisions
- BILL SUMMARY: HB 367 allows pharmacists to by-pass an insured’s formulary and to fill a ten day prescription while the prior approval process is taking place. There will be a fine of $500 administered by the Commissioner of Insurance on insurance companies that do not comply.
- Authored By: Rep. Earl Carter of the 159th
- House Committee: Insurance
- House Committee Passed: 3/4/2008
- Rule: Modified-Open

HB 470 - Georgia Lemon Law; enact
- BILL SUMMARY: HB 470 amends the Lemon Law, which is codified at O.C.G.A. § 10-1-780, et seq. The definition of “consumer” in O.C.G.A. § 10-1-782(5) is broadened to include business owners with ten or fewer vehicles, except for limousine rental services. The Lemon Law rights period is extended to two years or 24,000 miles in O.C.G.A. § 10-1- 782(10). The definition of nonconformity has been modified in O.C.G.A. § 10-1-782(17). Arbitration is provided under current law. The informal dispute resolution provisions in O.C.G.A. § 10-1-785 are improved to promote the resolution of disputes prior to arbitration and litigation. The informal dispute resolution procedure must be approved by the Office of Consumer Affairs.
- Authored By: Rep. Butch Parrish of the 156th
- House Committee: Judiciary
- House Committee Passed: 3/4/2008
- Rule: Open

HB 535 - Mental health; patient advocacy board; create
- BILL SUMMARY: This bill would create a Patient Advocacy Board and the Patient Advocate General (Mental Health Ombudsman), to serve the interests of citizens employing the Division of Mental Health, Developmental Disabilities, and Addictive Diseases as a provider of care. The bill provides for the membership of the board as appointed by the Governor, Lt. Governor, and the Speaker of the House. The Mental Health Ombudsman would be an independent state officer attached administratively to the Governor's Office of Consumer Affairs, and would be charged with investigated claims of fraud, abuse, and neglect on behalf of families and patients who are consumer clients of the Division of Mental Health/Addictive Diseases/Developmental Diseases.
- Authored By: Rep. Mark Butler of the 18th
- House Committee: Health & Human Services
- House Committee Passed: 2/28/2008
- Rule: Open

HB 652 - Blind Persons' Braille Literacy Rights and Education Act; enact
- BILL SUMMARY: This bill would require, in developing a students Individualized Education Program, that Braille be made for instruction and requires the use of Braille based on the outcome of an evaluation by a teacher certified by the Professional Standards Commission as a special education visual impairments program teacher.
- Authored By: Rep. Judy Manning of the 32nd
- House Committee: Education
- House Committee Passed: 3/5/2008
- Rule: Open

HB 864 - Insurance; group life policy coverage; remove participation requirement
- BILL SUMMARY: HB 864 will protect annuity proceeds paid to a beneficiary from creditors. Further, this bill changes the number of persons required in order to create a group life plan from 75% participation to zero.
- Authored By: Rep. Tom Knox of the 24th
- House Committee: Insurance
- House Committee Passed: 2/21/2008
- Rule: Open

HB 905 - Building Resourceful Individuals to Develop Georgia's Economy Act; enact
- BILL SUMMARY: The "Building Resourceful Individuals to Develop Georgia's Economy Act", known as the BRIDGE act. The intent of this bill is to create a system in which each student selects a focused area of study and receives intense support throughout the high school years to ensure he or she completes their high school program on time.
- Authored By: Rep. Fran Millar of the 79th
- House Committee: Education
- House Committee Passed: 3/5/2008
- Rule: Modified-Structured

HB 925 - Local government; new townships; provisions
- BILL SUMMARY: HB 925 creates the limited purpose government of "Townships". They are to be created by local legislation, funded by a 1/4 mil property tax, and limited to planning and zoning, land use issues, and code enforcement.
- Authored By: Rep. Mike Jacobs of the 80th
- House Committee: Governmental Affairs
- House Committee Passed: 3/4/2008
- Rule: Modified-Structured

HB 964 - Georgia ports and harbors; operation of certain vessels; revise provisions
- BILL SUMMARY: This bill amends Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic. This bill revises provisions relating to the operation of certain vessels in Georgia ports and harbors.
- Authored By: Rep. Burke Day of the 163rd
- House Committee: Public Safety and Homeland Security
- House Committee Passed: 2/27/2008
- Rule: Open

HB 1071 - Tasers; knowingly remove or attempt to remove from certain persons; make unlawful
- BILL SUMMARY: Adds “taser” to the list of items it is unlawful to remove from the possession of another person under certain circumstances.
- Authored By: Rep. Chuck Sims of the 169th
- House Committee: Judiciary Non-Civil
- House Committee Passed: 3/3/2008
- Rule: Modified-Structured

HB 1093 - Liquidated damages; demand; change certain provisions
- BILL SUMMARY: Substitute LC-29-3261-S to HB 1093 amends O.C.G.A. § 44-14-3, which requires lenders to release a security deed within sixty (60) days of payoff or face damages in at least the amount of $500.00, to require the property owner to send a written demand to the lender prior to filing suit based upon the statute. The bill has been amended to
require a lender to send either confirmation of the release or a notice of the borrower’s right to damages for the lender’s failure to release the security deed, within sixty (60) days of when the security deed is paid off.
- Authored By: Rep. Wendell Willard of the 49th
- House Committee: Judiciary
- House Committee Passed: 2/26/2008
- Rule: Open

HB 1112 - Elections and primaries; municipal election superintendents; provisions
- BILL SUMMARY: HB 1112 is a housekeeping bill for the Secretary of States Office. It simplifies the code sections governing the certification program for elections officials by condensing three sections into one. Sections 4,8, and 10 of the bill puts Georgia's elections code in compliance with federal law as it pertains to the extraordinary circumstance that there are 100 or more vacancies in the United States Congress. It contains a provision that will allow candidates for state office that have paid their qualifying fee and decide to remove themselves from consideration before the time for qualifying
has expired to get their fee refunded. And, it allows the Secretary of States Office to work in conjunction with the Department of Corrections to purge convicted felons from the voter rolls.
- Authored By: Rep. Harry Geisinger of the 48th
- House Committee: Governmental Affairs
- House Committee Passed: 2/28/2008
- Rule: Modified-Structured

HB 1181 - State Board of Education; donations, grants, and federal aid acceptance; revise provisions
- BILL SUMMARY: This bill would allow the State Board of Education the authority to allow the State School Superintendent to enter into contracts in amounts greater than $100,000 or issue grants in any amount.
- Authored By: Rep. Tommy Benton of the 31st
- House Committee: Education
- House Committee Passed: 2/28/2008
- Rule: Modified-Structured

HB 1234 - Medicaid Care Management Organizations Act; enact
- BILL SUMMARY: HB 1234 enacts the Medicaid Care Management Organizations Act. Provisions of this bill are as follows:
• Revises Section 33-21A-6 (b) related to payments for emergency services to clarify that if a CMO or DCH has reason to believe that a provider is up-coding or engaging in activity violating program integrity, the CMO will not have to pay the claim, even if it is coded CPT code 99283, 99284 or 99285. This language will allow a CMO that does not believe a claim is coded accurately, to require the hospital to submit the medical record and other requested documentation to enable the CMO to determine whether or not the claim was properly coded. If the hospital disagrees with the CMOs
determination, the hospital can appeal, first through the CMOs administrative appeals process and then to an ALJ or a neutral arbitrator.
• Revises Section 33-21A-6 (d) related to payments for emergency services provided by non-contracted (out of network) providers to provide that CMOs shall also be required to pay out-of-network providers for “Post stabilization services” at the same rate paid by DCH for Medicaid claims it reimburses directly. The Substitute uses the same definition of “Post stabilization services” that is in the contract between DCH and each CMO.
• Adds a new Section 33-21A-6.1, related to Critical Access Hospitals (“CAHs”)to require each CMO to contract with all CAHs in its service region and to pays CAHs their allowable costs. These requirements are already included in the DCH-CMO contracts. This provision will clarify that CMOs must use the same cost report process currently used by DCH
to ensure they comply with their contractual obligations to pay CAHs their allowable costs as set forth by Medicare. The cost report process involves using the most recent available Medicare cost report for each CAH to prospectively determine rates for the following year. Once the actual Medicare cost report for a given year is available, the CMO must reconcile the CAHs actual costs for that year with the costs included in the cost report used to prospectively establish the rates for that year. A settlement is then made to pay the CAH any money owed if the rates paid were less than the CAHs actual costs.
• Adds a new subparagraph (b) to 33-21A-7, related to payment for services to newborn infants, to require that when an infant is discharged from a CMO after birth and enrolled in fee for service Medicaid, the CMO must continue to provide coordination of care for that infant until the baby is discharged from the hospital and placed in an appropriate care setting.
This happens when an infant is found to have a disability after birth. Disabled infants are covered by SSI instead of the CMOs, but the CMO with whom the baby is initially enrolled should be required to continue the care coordination for that baby throughout the inpatient stay.
• Revises Section 33-21A-8 (d) related to web site functionality and electronic payments at the request of DCH to allow CMOs to submit remittance advices to providers the next business day after payment is made, rather that requiring the submission of remittance advices on “the same day” payment is made.
• At the request of DCH, deletes Section 2, related to the definition of a “Care Management Organization” relative to quality assessment fees that is currently in O.C.G.A. 31-8-171. DCH expressed concerns that changing this definition to be consistent with the new definition in this Medicaid Care Management Organizations Act might have an unintended negative impact on the department’s eligibility for federal matching funds from the quality assessment fee. By deleting this Section, the current definition in 31-8-171 will remain as is.
- Authored By: Rep. Mickey Channell of the 116th
- House Committee: Insurance
- House Committee Passed: 2/29/2008
- Rule: Modified-Structured

HB 1235 - Motor vehicles; fleet policies; insurance issuance requirements; change notice
- BILL SUMMARY: HB 1235 makes local jurisdictions liable for towing costs if they impound a vehicle for "no proof of insurance", despite a valid "Fleet" insurance card being presented.
- Authored By: Rep. Austin Scott of the 153rd
- House Committee: Motor Vehicles
- House Committee Passed: 3/4/2008
- Rule: Open

HB 1283 - Railroad corporations; presumptions; provisions
- BILL SUMMARY: HB 1283 amends and enacts code sections in Titles 24, 44, and 46 to address boundary lines and other real estate interests relating to railroad right-of-ways. Section 2 enacts a rebuttable presumption that ingress and egress paths within a railroad right-of-way are used with the permission of the railroad company, which would decrease the ability of a party to assert an adverse possession claim against a railroad company. Sections 4-7 recognize railroad rightof- ways depicted on an Interstate Commerce Commission railroad map dated 1913, and requires railroad companies to record official maps of their rights-of-way in county real estate records in the counties in which their rights-of-way are located. Section 4 defines right-of-ways, Section 5 defines possession to include vacant buffer land, Section 6 provides that railroads are in possession of right-of-ways depicted on the maps outlined in the bill, and Section 7 provides that
courts can take judicial notice of the maps outlined in the bill. HB 1283 has prospective application, only.
- Authored By: Rep. David Ralston of the 7th
- House Committee: Judiciary
- House Committee Passed: 3/4/2008
- Rule: Open

HB 1318 - State highway system; outdoor advertising signs; provisions
- BILL SUMMARY: This bill amends Title 32 so that any order from the DOT, a county, or a municipality to remove, relocate, or reconstruct a billboard would be followed by just compensation for such sign. Property owners would be given 30 day notice by the entity wanting the sign altered and then proceedings to reach an agreement would begin. If an agreement is not reached within 120 days of the notice, arbitration would ensue until an agreement was reached. The Code section states that it would not impair any ordinances or written agreements existing before July 1, 2008. Just compensation will be paid only for: the taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign; the taking from the owner of the real property on which the sign, display, or device is located of the right to erect and maintain such signs on; the actual financial loss suffered by the lessee/lessor under a written lease expressly and solely permitting the erection and maintenance of a sign because of the refusal of the department to issue the permit for the erection of such sign.
- Authored By: Rep. Matt Dollar of the 45th
- House Committee: Transportation
- House Committee Passed: 3/4/2008
- Rule: Open

HB 1321 - Education; alleged inappropriate behavior by teacher or school personnel; provisions
- BILL SUMMARY: This bill requires that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel be addressed in the student code of conduct. It also establishes a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel.
- Authored By: Rep. Jay Shaw of the 176th
- House Committee: Education
- House Committee Passed: 3/5/2008
- Rule: Modified-Open

HB 1348 - Uniform Act for Out-of-State Parolee Supervision; repeal
- BILL SUMMARY: This bill amends Chapter 9 of Title 42 of the O.C.G.A, relating to pardons and paroles, so as to repeal the “Uniform Act for Out-of –State Parolee Supervision” which was replaced by “The Interstate Compact for Adult Offender Supervision” that has become binding in this state.
Chapter 9 of Title 42 is amended by repealing Article 3 the “Uniform Act for Out-of –State Parolee Supervision” and designating said article as reserved.
- Authored By: Rep. Clay Cox of the 102nd
- House Committee: Interstate Cooperation
- House Committee Passed: 3/4/2008
- Rule: Open

HB 1368 - Motor vehicle licensing requirements; out-of-state students exemption; revise certain provisions
- BILL SUMMARY: HB 1368 will exempt individuals that were recently enrolled as out of state students in colleges and universities of this state from having to obtain a Georgia driver's license.
- Authored By: Rep. Carl Rogers of the 26th
- House Committee: Motor Vehicles
- House Committee Passed: 3/4/2008
- Rule: Modified-Structured

HR 1310 - State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize
- BILL SUMMARY: This resolution authorizes the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia.
- Authored By: Rep. Jim Cole of the 125th
- House Committee: State Institutions & Property
- House Committee Passed: 2/28/2008
- Rule: Open

HR 1425 - State of Georgia property; certain counties; nonexclusive easements; authorize
- BILL SUMMARY: This resolution authorizes the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State if Georgia in Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia.
- Authored By: Rep. Terry Barnard of the 166th
- House Committee: State Institutions & Property
- House Committee Passed: 2/28/2008
- Rule: Open

   The Rules Committee will next meet on Tuesday, March 11, at 09:00 AM, to set the Rules Calendar for the 31st Legislative Day.
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COMMITTEE ACTION REPORT

Intragovernmental Coordination

HB 750 - Sumter County; probate court judge; nonpartisan elections; provide
- BILL SUMMARY: A Bill to provide for the nonpartisan election of the probate judge of Sumter County after January 1, 2008.
- Authored By: Rep. Mike Cheokas of the 134th
- Committee Action: Do Pass

Intragovernmental Coordination

HB 1058 - Fayette County; probate judge; nonpartisan elections; provide
- BILL SUMMARY: A Bill to provide for the nonpartisan election of the Probate Judge of Fayette County after January 1, 2009.
- Authored By: Rep. Virgil Fludd of the 66th
- Committee Action: Do Pass

Intragovernmental Coordination

HB 1206 - Glascock County; probate court judge; nonpartisan elections; provide
- BILL SUMMARY: A Bill to provide for the nonpartisan election of the Probate Judge of Glascock County after January 1, 2008.
- Authored By: Rep. Sistie Hudson of the 124th
- Committee Action: Do Pass

Intragovernmental Coordination

HB 1399 - Excise tax; accommodations; consolidated government destination services fee; provide
- BILL SUMMARY: A Bill to authorize consolidated city/county governments to impose by ordinance a destination services fee of $2
on rooms, lodging, and accommodations. The bill amends Title 48, Chapter13, Article 3, of the OCGA relating to the hotel/motel tax
and provides that the destination fee shall be in addition to any excise tax levied pursuant to this Code section. The revenues generated by the destination shall be used solely for parks, recreation, and sports tourism. The Act would become effective upon the Governor's approval or upon its becoming law without his or her approval.
- Authored By: Rep. Calvin Smyre of the 132nd
- Committee Action: Do Pass

Judiciary

HB 235 - Incapacitated persons; medical treatment; decision-making panel; provide
- BILL SUMMARY: HB 235 amends O.C.G.A. § 31-9-2 concerning consent for medical treatment, to outline the persons who are authorized to consent to medical treatment for an incapacitated person, and to allow individuals to authorize consent for their own future treatment by using a living will or durable power of attorney for health care.
Section 2 of the bill establishes priority of medical consent first upon the patient or patient’s designee by way of an advanced directive, then the patient’s spouse, then a number of categories of relatives beginning with the patient’s children, and finally upon a “close friend” as defined in the bill. The persons authorized to give consent under the statute would also receive patient visitation rights under the bill. Section 2(d) limits the civil, criminal, and professional discipline liability for a hospital or health care facility which complies with the decision or direction of the person(s) authorized to consent for the patient pursuant to the bill.
Section 3, which is newly added through the substitute, adds a petition for the appointment of a temporary consent guardian to Title 29’s guardianship provisions. This probate court proceeding would be filed in cases of a state of permanent unconsciousness or terminal condition. The hospital, treating physician, and persons believed to have knowledge concerning the patient’s expressed wishes for medical treatment would be notified of the proceeding. Section 3 outlines procedures for consideration of such petitions, including preliminary hearings and an expedited evidentiary hearing.
- Authored By: Rep. Robbin Shipp of the 58th
- Committee Action: Do Pass by Committee Substitute

Judiciary

HB 1359 - Corporations, partnerships, and associations; certain documents; provide certain filing fees
- BILL SUMMARY: The Substitute to HB 1359 amends Title 14’s provisions concerning administrative dissolution and reinstatement
of corporate entities. Sections 1, 3, 5, 6, and 9 increase the penalty for late filing of a corporate annual registration, and remove the fee for articles of dissolution and applications for withdrawal. Sections 2, 4, 7, and 8 allow an administratively dissolved corporation to apply for reinstatement within five years of dissolution, reserve the name of an administratively dissolved corporation for five years, and require the applicant to submit a notarized statement from an officer at the time of the administrative dissolution which states that the officer consents to the application for reinstatement.
- Authored By: . Matt Ramsey of the 72nd
- Committee Action: Do Pass

Judiciary

HR 1039 - Real property; located in industrial areas; allow owners to remove - CA
- BILL SUMMARY: No Summary Available
- Authored By: Rep. Bob Bryant of the 160th
- Committee Action: Do Pass

Judiciary Non-Civil

HB 1293 - Death penalty cases; Supreme Court; pretrial proceedings; extend review period
- BILL SUMMARY: This bill would give the Supreme Court 45 days to review applications for pre-trial appeal in death penalty cases. Currently it is given 20 days for these reviews, but has 45 days to consider applications for interlocutory appeals.
- Authored By: Rep. David Ralston of the 7th
- Committee Action: Do Pass by Committee Substitute

Judiciary Non-Civil

HB 1314 - Criminal cases; state's right to appeal; change provisions
- BILL SUMMARY: The bill will allow a direct appeal from a trial court’s order granting a defendant’s request for a bench trial over the objections of the state, and add language that would not apply the provisions of 5-7-1(a)(7) relating to appeals granting a motion for a new trial to 5-5-50 relating to the first grant of a new trial. It also deletes reference to former city court of Atlanta.
- Authored By: Rep. David Ralston of the 7th
- Committee Action: Do Pass by Committee Substitute

Judiciary Non-Civil

HB 1346 - Theft; organized retail theft; create offense
- BILL SUMMARY: This bill creates the offense of “organized retail theft.” It provides that when two or more people are knowingly involved in theft of retail property in large quantities aggregated over a 180 day period with intent to resell the items they have committed “organized retail theft.” Anyone who knowingly receives, possesses, conceals or disposes of the property with the intent to distribute stolen property will also be guilty of the offense of “organized retail theft.” The state will not be required to prove that any intended profit was actually realized; it may be inferred from the attending
circumstances. It will not be a defense to the crime of “organized retail theft” that the property was not obtained by theft if the property was represented as being obtained through theft. Any proceeds derived from a violation of the Code section will be subject to forfeiture to the State.
- Authored By: Rep. Larry O`Neal of the 146th
- Committee Action: Do Pass by Committee Substitute

Natural Resources & Environment

HB 1322 - Property; land covenants which prohibit xeriscaping; prohibit
- BILL SUMMARY: This bill states that any covenant imposing a type of grass be grown on a property's lawn, be a drought resistant grass. This does not mean that only drought resistant grass can be grown in lawns. The intent is to keep covenant's from requiring grass that needs a lot of outdoor watering.
- Authored By: Rep. Calvin Hill of the 21st
- Committee Action: Do Pass by Committee Substitute

Natural Resources & Environment

SB 342 - Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs
- BILL SUMMARY: This is the Senate Water Reservoir bill and is written in conjunction with the House bill. This bill authorizes the State Soil and Water Conservation Commission to receive any federal grants and make grants to local governments to fund up to 20% of the cost for government entities to obtain the necessary permits for constructing improvements to dams. It also authorizes the funding of up to 40% of the permit cost for the federal 404 permit process.
- Authored By: Sen. Chip Pearson of the 51st
- Committee Action: Do Pass

Natural Resources & Environment

SB 399 - Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period
- BILL SUMMARY: This bill ceases the collection disposal fees for tires by June 30, 2011. It also requires the Director make an annual report to the House and Senate Natural Resources Committees regarding the status of the activities funded by the solid waste trust fund.
- Authored By: Sen. Ross Tolleson of the 20th
- Committee Action: Do Pass

Natural Resources & Environment

SB 463 - State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement
- BILL SUMMARY: This bill allows that for the direct reuse of gray water if
- it is used within the property boundary of the residence
- if it is not used for food irrigation
- if it does not contain harmful chemicals or any non gray water substances.
- Authored By: Sen. Chip Pearson of the 51st
- Committee Action: Do Pass

State Planning & Community Affairs

HB 1200 - Georgia Local Government Public Works Construction Law; certain development authorities; exempt
- BILL SUMMARY: Adds a new code section (36-91-22) that amends the Georgia Local Government Public Works Construction Law. Exempts public works construction projects that are owned by development authorities. Exempts those individuals who leased to, sold to, managed, or operated such development authority. Defines “development authority” as an authority created by law for the purpose of promoting trade, commerce, industry, employment or for similar purposes.
- Authored By: Rep. Wendell Willard of the 49th
- Committee Action: Do Pass by Committee Substitute

State Planning & Community Affairs

HR 1483 - Gwinnett County Sheriff and Board of Commissioners; create plan to send Sheriff's department to training program; urge
- BILL SUMMARY: Urges the Sheriff of Gwinnett County and the Gwinnett County Board of Commissioners to join together to find funding and create a plan for sending the members of the Gwinnett County Sheriff’s Department to the federal 287(g) training program to allow said members to be trained to deal with illegal immigration
- Authored By: Rep. Bobby C Reese of the 98th
- Committee Action: Do Pass

Transportation

HR 1559 - William "Billy" L. Powell, Jr., Highway; dedicate
- BILL SUMMARY: This resolution dedicates the bridge on SR 104 at the Augusta Canal in Richmond County as the William “Billy” L. Powell, Jr., Bridge.
- Authored By: Rep. Barbara Sims of the 119th
- Committee Action: Do Pass by Committee Substitute

Ways & Means

HB 823 - Qualified disabled veterans; homestead exemption; increase amount
- BILL SUMMARY: Currently, disabled veterans in Georgia have a homestead exemption against ad valorem taxes for state, county,
municipal, and school purposes in the amount of the greater of $32,500 or the maximum dollar amount that may be granted under USC Title 38 Section 2102 (Specially Adapted Housing for Disabled Veterans). HB 823 changes the $32,500 to $200,000. The change in the maximum exemption value also will apply to the exemption for the un-remarried surviving spouse or minor children of any such veteran. The bill also removes unnecessary language regarding the federal cap of $50,000 for 2004.
- Authored By: Rep. Amos Amerson of the 9th
- Committee Action: Do Pass

Ways & Means

HB 1049 - Disabled veterans; unremarried surviving spouses; allow state-wide homestead exemption
- BILL SUMMARY: HB 1049 allows the state-wide homestead exemption for disabled veterans to be received by un-remarried surviving spouses on a subsequent homestead. Currently, to continue receive the homestead exemption, the surviving spouse must continue to occupy the home as a residence and homestead. The amount of the exemption, which is the greater of $32,500 or the maximum amount granted under Section 2102 of Title 38 of the United States Code (Specially Adapted Housing for Disabled Veterans), is not changed by this legislation.
- Authored By: Rep. Burke Day of the 163rd
- Committee Action: Do Pass by Committee Substitute

Ways & Means

HB 1079 - Income tax; change certain definitions
- BILL SUMMARY: HB 1079 makes a clarification to the port activity income tax credit code section. Under this code section, certain businesses that increase their port traffic during the previous 12 month period by more than 10 percent above its 2007 base year port traffic and that are qualified to claim a job tax credit are allowed an additional $1,250 income tax credit. The Department of Revenue has taken the position that port traffic is exports, but not imports. This legislation clarifies that “port traffic” includes product imported into this state or exported out of this state.
- Authored By: Rep. Larry O`Neal of the 146th
- Committee Action: Do Pass by Committee Substitute

Ways & Means

HB 1094 - Hotel Motel Tax Act; enact
- BILL SUMMARY: HB 1094 provides a comprehensive revision to the hotel motel tax code. Sections 1 and 2 change the aggregate cap for all excise taxes and sales taxes on accommodations in Atlanta to 15%. Section 3 moves all relevant definitions to the front of the code, with two new definitions. The first new definition is “destination marketing organization”. Nationally, this is the new term for a convention and visitors bureau. The second new definition is “tourism product development”. Under this bill, “tourism product development” will mirror the statutory incentive definition for tourism, as is used by the Department of Community Affairs, the Department of Revenue, and the Georgia Department of Economic Development. This gives local governments more flexibility, consistent with current law, as to what qualifies as tourism product development. Section 5 creates the process for how you move from a grandfathered paragraph to the new paragraph. Current law requires that the funds must be spent in the fiscal year in which they were collected, which is not always possible. Section 8 changes that and requires that all funds be part of the budget plan to meet the requirements of this code section. Section 11 provides the new process. If a city or county wants to increase their hotel motel tax to 6, 7, or 8%, 50% must be used for tourism promotion, and 50% must be used for tourism product development. This section also includes language clarifying that if a city or county is legally
contracting with an organization today for promoting tourism or operating a facility, they will be continue to be legal under this code section. Section 12 clarifies that state authorities attached to the Department of Natural Resources are authorized under the DNR code section. This includes only Jekyll, Lake Lanier & North Georgia Mountains Authorities.
- Authored By: Rep. James Mills of the 25th
- Committee Action: Do Pass by Committee Substitute

Ways & Means

HB 1110 - Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption
- BILL SUMMARY: HB 1110 extends an existing sales tax exemption for sales of food and groceries to food banks that are 501(c)(3) organizations operated for the primary purpose of providing hunger relief to low income persons in Georgia. This exemption is set to expire on June 30, 2008, and this legislation would extend this exemption through June 30, 2010.
- Authored By: Rep. Charles E. Martin of the 47th
- Committee Action: Do Pass

Ways & Means

HB 1133 - Education; student scholarship organizations; provisions
- BILL SUMMARY: HB 1133 provides income tax credits to taxpayers that provide funds to “student scholarship organizations”, which are defined as 501(c)(3) organizations that allocate 90% of annual revenue for scholarships or tuition grants to allow students to attend private schools and provide educational scholarships or tuition grants to students without limiting availability to only students of one school. The bill provides for tax credits to taxpayers that provide funds to these organizations when such funds are used for private school tuition and fees. The amount of the credit for individual taxpayers will be the lesser of the actual amount expended or $1,000 per tax
year for single or head of household taxpayers, and $2,500 for married couples filing jointly. The amount of the credit for corporations will be the lesser of the actual amount expended or 75% of the corporation’s income tax liability. This credit is not allowed if the expenditure to the organization is for the direct benefit of any dependent taxpayer. Any unused credit may be carried forward against the five succeeding years’ tax liability. The aggregate amount of these tax credits shall not exceed $50 million per tax year. In order to receive this credit, taxpayers must notify the Department of Revenue of the total amount of contributions that the taxpayer intends to make prior to making the contribution. The Commissioner then pre-approves or denies the requested amount within 30 days. If pre-approved, the taxpayer must make the contribution within 30 days. The taxpayer must attach a letter of confirmation of the donation issued by the student scholarship organization must be attached to the tax return.
- Authored By: Rep. David Casas of the 103rd
- Committee Action: Do Pass by Committee Substitute

Ways & Means

HB 1246 - Income tax credit; certain business enterprises; include broadcasting
- BILL SUMMARY: HB 1246 provides that several current income tax credits available to business enterprises are also available for businesses engaged in broadcasting. This legislation defines “broadcasting” with the use of North American Industry Classification codes. The credits impacted are the job tax credits, research expense credits, the port activity credit, and business expansion credits.
- Authored By: Rep. Allen Peake of the 137th
- Committee Action: Do Pass by Committee Substitute

Ways & Means

HB 1273 - Income tax credit; businesses; jobs in less developed areas; change provisions
- BILL SUMMARY: HB 1273 eases the requirements for receiving an income tax credit for certain businesses that create new jobs in less developed areas of pervasive poverty. Currently, businesses in less developed areas are allowed a job tax credit equal to $3,500 per new full-time employee job for five years, so long as the business creates at least five new jobs. This legislation would provide that in pervasive poverty areas, businesses shall only have to increase employment by two or more jobs to be eligible for the credit. The bill also decreases the poverty percentage required in a pervasive poverty area from 20 to 15%.
- Authored By: Rep. Barry A Fleming of the 117th
- Committee Action: Do Pass

Ways & Means

HB 1275 - Income tax credit; qualified water harvesting expenses; provide
- BILL SUMMARY: HB 1275 provides for an income tax credit for taxpayers that purchase and install water harvesting systems at their residence or business. The credit is equal to 50% of the actual amount expended on the system if the expenses are $1,000 or less, or 100% if the expenses exceed $1,000. Any unused credit may be carried forward against succeeding years’ tax liability. Qualified expenses include funds expended for a complete water harvesting and storage system installed by a qualified installer, defined as a
person or company experienced in the installation of these systems and that is approved by the commissioner.
- Authored By: Rep. Bobby C Reese of the 98th
- Committee Action: Do Pass by Committee Substitute

Ways & Means

HR 1056 - Sales and use tax; educational purposes; distribution; provisions - CA
- BILL SUMMARY: HR 1056 provides that distribution of local sales taxes for educational purposes between county and independent school districts within the same county shall be based only on full time student enrollment counts. Currently, distribution may be based on other formulas if authorized by local law.
- Authored By: Rep. James Mills of the 25th
- Committee Action: Do Pass

   Bills passing committees are reported to the Clerk’s Office, and are then placed on the General Calendar.
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COMMITTEE BROADCAST SCHEDULE
Friday, March 07, 2008
9:00 AM -
10:00 AM Appropriations Public Safety Subcommittee 341 CAP
9:30 AM -
11:30 AM JUDICIARY NON-CIVIL 132 CAP
10:00 AM -
12:00 PM Appropriations Economic Development 406 CLOB
10:00 AM -
11:00 AM Health Professions Subcommittee of Health & Human Services 415 CLOB
Saturday, March 08, 2008 : No Meetings Today
Sunday, March 09, 2008 : No Meetings Today
Monday, March 10, 2008
3:00 PM -
5:00 PM Appropriations General Subcommittee 506 CLOB
3:00 PM -
4:30 PM Appropriations Education Subcommittee 403 CAP

   This schedule is accurate at the time of this report, but meeting dates and times are subject to change. To view the most up to date meeting schedule, please visit http:// www.legis.ga.gov and click on Meeting Notices. To view the live streaming video of the meeting, please visit the Georgia Legislative Network website.