House of Representatives Daily Report for March 3, 2021 Next on the Floor

Wednesday 26th March 3, Legislative 2021 DAILY REPORT Day

House Budget & Research Office (404) 656-5050

 The House will reconvene for its 27th Legislative Day on Friday, March 5 at 9:30 a.m.  The Rules Committee will meet at 11:00 a.m.  Four bills / resolutions are expected to be debated on the floor.

Today on the Floor

Rules Calendar HB 32 Income tax; credit for teacher recruitment and retention program; provide Bill Summary: House Bill 32 amends O.C.G.A. 20-2-251 to create a refundable income tax credit for a teacher recruitment and retention program managed by the State Board of Education. Eligible teachers include those with a bachelor's degree in education from a postsecondary institution in Georgia that has a teacher certification program certified by the Georgia Professional Standards Commission. Additionally, a teacher must accept their first school-year contract in the 2021-2022 school year in a high-need subject area in a rural school or a school that performed in the lowest five percent of schools in this state and must hold a valid five-year induction or professional certificate from the Georgia Professional Standards Commission. Regional Education Service Agencies determine which three content areas are considered a high-need subject area. Eligible teachers must submit an application to the Department of Education to participate.

The department will identify no more than 100 rural and low-performing schools, and the recruitment and retention program is limited to 1,000 participating teachers. Participating teachers are eligible for a refundable tax credit of $3,000 per each school year for no more than five years.

Beginning with the 2023-2024 school year, the Office of Student Achievement will evaluate the program and provide the governor, the General Assembly, and the State Board of Education with a report that includes the number of participants and the length of participation in the program.

Authored By: Rep. D. C. Belton (112th) Rule Applied: Structured House Ways & Means Committee 02-25-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: 165 Nays: 0 Amendments:

HB 86 Georgia Lottery Mobile Sports Wagering Integrity Act; enact Bill Summary: House Bill 86 allows the Georgia Lottery Corporation to offer and regulate the lottery game of sports wagering. The bill also establishes the 'Georgia Lottery Mobile Sports Wagering Integrity Act.' The Act allows individuals 21 years of age and older, who are physically present Georgia, to place bets on certain sporting events through an interactive sports wagering platform that is licensed by the Georgia Lottery Corporation to accept sports bets in this state. Bets may be placed on professional sporting events, Olympic sporting events, or any other event authorized by the Georgia Lottery Corporation, but may not include collegiate sporting events, horse racing, or fantasy or simulated contests.

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The bill provides the Georgia Lottery Corporation with all powers and duties necessary to regulate and supervise the lottery game of sports betting. Those powers include the authority to issue no fewer than six licenses to qualified applicants. The bill also provides requirements for the application for a license, which includes a non-refundable application fee of $50,000 and an annual licensing fee of $900,000. Certain individuals who are involved in the sports wagering industry and sport team, league, or associations are not eligible to apply for or obtain a license.

The Georgia Lottery Corporation shall establish rules and regulations related to the business requirements of the licensees. Those rules and regulations must include, but are not limited to, designating an amount of a bond in escrow and an amount of cash to be kept on hand to ensure adequate reserves, insurance requirements, controls over internal fiscal affairs, requirements for internal and independent audits of licensees, the financial information to be provided to the Georgia Lottery Corporation, and policies designed to mitigate the risk of cheating and money laundering.

Licensees must utilize geolocation or geofencing technology to ensure that wagering is only available to bettors who are physically in this state and must allow bettors to restrict themselves from placing wagers.

All bettors must register with the licensee remotely prior to placing any bets. The registration process must verify the name, age, and email address of the bettor; verify that the bettor is allowed to bet in this state; and obtain a physical address, date of birth, and a unique username. Bettors are only allowed to register one account with a licensee and may fund the account using an electronic bank transfer of funds, a debit card, or other online payment systems that support money transfers.

The bill provides a list of individuals not allowed to wager on sporting events. The Georgia Lottery Corporation must maintain a confidential registry of all persons and categories of persons who are not eligible to place a wager on a sporting event and must provide that list to each licensee.

Licensees are not allowed to offer, accept, or extend credit to a bettor; target minors in advertising or promotions; offer or accept a wager on any event, outcome, or occurrence other than a sporting event; accept a wager from an individual not eligible to wager; or allow a minor to place a wager. Licensees are also not allowed to offer bets on injuries, penalties, or other forms of wagering that are contrary to public policy or unfair to bettors.

A sport's governing body headquartered in the United States may notify the Georgia Lottery Corporation that it desires licensees to use official league data for determining the results of live betting. Sixty days following notification from the Georgia Lottery Corporation, the licensees must utilize the official league data for determining the outcome of bets. If a licensee is able to demonstrate that the sport's governing body will not provide official league data on commercially reasonable terms, then the licensees would not be required to utilize the official league data.

A tax of 20 percent shall be imposed on the adjusted gross income of each licensee. Adjusted gross income is the total of all money paid to the licensee as a bet minus the total amount paid out as winnings. The tax revenue and the revenue generated from application and annual fees shall be deposited into the Lottery for Education Account. The bill also exempts wagers authorized by the Georgia Lottery Corporation from sales and use tax.

Annual reports from each licensee are due to the Georgia Lottery Corporation by January 15 of each year. The annual reports must include the total amount of wagers from the prior year, the adjusted gross income for the prior year, and any additional information required by the Georgia Lottery Corporation.

Authored By: Rep. Ron Stephens (164th) Rule Applied: Structured House Economic Development & Tourism Committee 02-22-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: Nays: Amendments: Floor Action: Recommit to Rules

HB 94 Crimes and offenses; provide for the crime of theft by possession of stolen mail

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Bill Summary: House Bill 94 designates a new felony crime of "theft by possession of stolen mail," with resulting punishment of between one to five years in prison. A person is guilty of the crime if he or she possesses stolen mail addressed to three or more different addresses, and possesses a minimum of 10 separate pieces of stolen mail. Each set of 10 separate pieces of stolen mail, addressed to three or more different addresses, constitutes a separate crime.

The bill also designates a new felony crime of "porch piracy," with resulting punishment of between one to five years in prison. A person is guilty of the crime if he or she takes or removes any envelope, bag, package, or other sealed item of another person from that person's porch, steps, or entranceway without that person's permission.

Authored By: Rep. (97th) Rule Applied: Modified-Structured House Judiciary Non-Civil Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 101 Nays: 67 Amendments:

HB 248 Motor vehicles; local governing body to apply for a permit to operate a traffic enforcement safety device which enforces the speed limit in a school zone by recorded image; authorize Bill Summary: House Bill 248 revises the law that permits school zone speed enforcement cameras to allow the local governing body of the city or county whose law enforcement agency is authorized to enforce speed limits to apply for camera permits rather than have each school apply.

Authored By: Rep. (32nd) Rule Applied: Modified-Structured House Public Safety & Homeland Security Committee 02-17-2021 Do Pass Committee: Action: Floor Vote: Yeas: 133 Nays: 35 Amendments:

HB 303 Jaida Act; enact Bill Summary: House Bill 303 permits that for each private motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after July 1, 2022, the insurer may offer a reduction in the premium for motor vehicle liability, first-party medical, and collision coverage for each named driver listed on the policy application or otherwise provided in information for each covered motor vehicle. The premium reduction is only applicable for a driver that is an active-duty military service member and whose use of the automobile is considered by the insurer in determining the applicable classification.

Authored By: Rep. (75th) Rule Applied: Modified-Open House Insurance Committee 02-24-2021 Do Pass Committee: Action: Floor Vote: Yeas: 170 Nays: 0 Amendments:

HB 322 Juvenile Code; revise definition of sexual exploitation Bill Summary: House Bill 322 removes references to prostitution from the definition of "sexual exploitation" for Code sections relating to the juvenile code, child abuse reporting requirements, and child abuse records.

Authored By: Rep. (119th) Rule Applied: Modified-Structured House Juvenile Justice Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 169 Nays: 0 Amendments:

HB 334 Superior courts; clerks; notaries public; provisions Bill Summary: House Bill 334 provides for the creation and allowance of remote online notaries public and remote online notarizations (RON). Electronic seals and digital signatures must be used when performing any electronic in-person notarization or RON. The bill establishes the process to become, and the performance requirements of, a remote online notary public. The maintenance and retention requirements of RON related documentation and digital recordings are provided. The Georgia Superior Courts Clerk's Cooperative Authority shall have the authority to adopt standards for

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RON.

Notary publics located in the state of Georgia may perform an electronic in-person notarization for an individual in the notary's physical presence. Remote online public notaries physically located in Georgia may perform RON for individuals located within the United States and internationally if certain requirements are met. Notarial acts required for wills, codicils, or testamentary trusts may not be performed by or through RON.

The bill establishes fees that may be charged by a remote online notary public. Upon the termination of a remote online notary public's commission, such notary public must disable certain technologies related to the performance of their duties. Electronic journals, which keep a record of notarial acts, must be created and maintained by remote online notaries public and such journals must be retained for 10 years after the date of the last notarial act. Audiovisual recordings notarial acts must be submitted to secure repositories and maintained for a minimum of 10 years.

The 'Fair Businesses Practice Act' is amended to specifically include that presenting a residential real document for recording, that the presenter knew was created through actions constituting the unauthorized practice of law, is an unfair or deceptive practice.

Clerks of the superior court are specifically relieved of any further duty to examine the circumstances of the witnessing of any instrument submitted to them if the apparent signatures of both witness and any required seals are present. Witnessing requirements for real estate documents are further specified.

Authored By: Rep. Joseph Gullett (19th) Rule Applied: Modified-Structured House Judiciary Committee 02-25-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: 167 Nays: 2 Amendments:

HB 355 Georgia Carbon Sequestration Registry; inclusion of building products in construction; provisions Bill Summary: HB 355 requires the director of the Georgia Forestry Commission to establish the Sustainable Building Material Technical Advisory Committee. The committee's members consist of the following: one member with expertise in engineering and architecture from the Georgia Institute of Technology; one member with expertise related to the Georgia State Minimum Standard Codes; one member that is a real estate developer or builder; one member with expertise related to carbon offset protocol development; one member with whole building life cycle assessment expertise; and up to three at-large members. The director of the Georgia Forestry Commission determines the chairperson of the committee. The committee advises the director on interoperability and compatibility of state credits derived from carbon sequestration of building materials with global carbon credit and offset markets as well as on guidelines related to the establishment of a carbon baseline, validation, verification, and co-benefits. The advisory committee shall be abolished no later than one year after the committee's first meeting, but can be reconvened at the discretion of the director.

Developers must register with the Georgia Carbon Sequestration Registry to be eligible to receive credits for the use of carbon-capturing building materials. Participants must provide certified carbon sequestration results to provide a baseline. An approved third-party organization may provide testing of building materials that sequester carbon dioxide. Only projects completed after July 1, 2019, may be considered.

To ensure integrity of the program, the Georgia Forestry Commission must conduct random evaluations of the results provided by participants and report the findings in the biennial report to the governor and General Assembly.

Authored By: Rep. Marcus Wiedower (119th) Rule Applied: Modified-Structured House Natural Resources & Environment Committee 02-25-2021 Do Pass Committee: Action:

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Floor Vote: Yeas: 169 Nays: 3 Amendments:

HB 363 Crimes and offenses; protection of elder persons; revise definitions Bill Summary: House Bill 363 removes various subsections of the Code that escalate punishment for elder crimes due to rule of lenity concerns with existing law, in particular with statutory interpretation in favor of the defendant due to crimes with overlapping elements as codified in the subsections below and in O.C.G.A. 16-5-102.

The bill adds a new definition under O.C.G.A. 16-5-100 for "abuse of access" and also references that definition in the definition of "exploit".

A subsection of O.C.G.A. 16-5-20 is rescinded that escalates the punishment to an aggravated crime when simple assault is committed against an individual who is 65 years of age or older. A subsection of O.C.G.A. 16-5-23 is rescinded that escalates the punishment to an aggravated crime when simple battery is committed by an employee, agent, or volunteer of a licensed long-term care facility, assisted-living community, personal-care home, or those licensed for home health care, or against a person who is admitted to or receiving services from one of the applicable facilities, persons, or entities. A subsection of O.C.G.A. 16-5-23.1 is rescinded that escalates the punishment for when battery is committed by an employee, agent, or volunteer of a licensed long-term care facility, assisted-living community, personal-care home, or those licensed for home health care, or against a person who is admitted to or receiving services from, one of the applicable facilities, persons, or entities. A subsection of O.C.G.A. 16-8-12 is rescinded that escalates the punishment for when theft by deception is committed against an individual who is 65 years of age or older and the property is worth more than $500 in value.

Authored By: Rep. John LaHood (175th) Rule Applied: Modified-Structured House Judiciary Non-Civil Committee 02-24-2021 Do Pass Committee: Action: Floor Vote: Yeas: 171 Nays: 0 Amendments:

HB 371 Evidence; certain proceedings may be conducted by video conference; provide Bill Summary: House Bill 371 allows judges to conduct hearings in civil cases via telephone or video conference. This bill does not authorize video conferencing in criminal trials, unless otherwise authorized by statute or by a court rule. The effective date of the bill is July 1, 2021.

Authored By: Rep. (8th) Rule Applied: Modified-Structured House Judiciary Non-Civil Committee 02-25-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: 157 Nays: 9 Amendments:

HB 410 Bingo; transfer regulatory authority from Georgia Bureau of Investigation to Secretary of State Bill Summary: House bill 410 transfers the regulation of bingo to the authority of the Secretary of State from the Georgia Bureau of Investigation.

Authored By: Rep. Eddie Lumsden (12th) Rule Applied: Modified-Structured House Judiciary Non-Civil Committee 02-24-2021 Do Pass Committee: Action: Floor Vote: Yeas: 151 Nays: 0 Amendments:

HB 435 Local government; exempt certain contracts competitively procured by the state or cooperative purchasing organizations Bill Summary: House Bill 435 provides an exemption to the "Georgia Local Government Public Works Construction Law" for public works construction contracts that were competitively procured by the state or through a cooperative purchasing organization.

Authored By: Rep. Victor Anderson (10th) Rule Applied: Modified-Structured House Governmental Affairs Committee 02-24-2021 Do Pass Committee: Action:

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Floor Vote: Yeas: 80 Nays: 86 Amendments: Floor Action: Failed

HB 470 Property; no plans are required when units are not designated by physical structures; provide Bill Summary: House Bill 470 exempts condominium units, where the boundaries of the unit are not designated by walls, floors, ceilings, or other physical structures, from the requirement of submitting plans for each individual unit as long as the boundaries of the unit are depicted on a plat of survey. This subsection does not apply to units that are individual homes intended for single-family occupancy. Subcondominiums are also exempted from the requirement of providing a separate plat of survey for each unit.

Authored By: Rep. (141st) Rule Applied: Modified-Structured House Judiciary Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 165 Nays: 0 Amendments:

HB 477 Income tax; applications for credit for qualified donations of real property; extend sunset date Bill Summary: House Bill 477 amends O.C.G.A. 48-7-29.12, relating to the tax credit for the qualified donation of real property, by extending the sunset date from December 31, 2021, to December 31, 2026.

Authored By: Rep. (172nd) Rule Applied: Structured House Ways & Means Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 165 Nays: 0 Amendments:

HB 480 Property; creation, declaration and priority of liens for labor, services, or materials performed or furnished by registered interior designers; provide Bill Summary: House Bill 480 amends Part 3 of Article 8 of Chapter 14 of Title 44 of the Code, relating to mechanics and materialmen liens, to establish liens for labor, services, or materials performed or furnished by registered interior decorators.

Authored By: Rep. Dale Washburn (141st) Rule Applied: Modified-Structured House Judiciary Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 164 Nays: 0 Amendments:

HB 497 Code Revision Commission; revise, modernize and correct errors or omissions Bill Summary: House Bill 497 is the annual Code revision clean-up bill to revise, modernize, and correct errors or omissions to the Official Code of Georgia Annotated. The bill reflects the work of the Code Revision Commission to repeal portions of the Code that have become obsolete, been declared unconstitutional, or been preempted or superseded by subsequent laws. Lastly, the bill provides for other matters relating to revision, reenactment, and publication of the Code.

Authored By: Rep. (104th) Rule Applied: Modified-Structured House Code Revision Committee 02-26-2021 Do Pass Committee: Action: Floor Vote: Yeas: 165 Nays: 0 Amendments:

HB 511 State treasury; establishment or revision of certain Trust Funds; provide Bill Summary: House Bill 511 dedicates specific fees by general law for 10 years and creates the framework to segregate the collections for each fee dedicated in this manner as a unique trust fund earning interest within the Office of the Treasurer. Effective Fiscal Year 2023, the amount of the annual collections and interest, as reported to and confirmed by the three budget offices, provides the statutory basis for the amount to be appropriated in next budget cycle. The appropriation for each fee is done as a distinct and separate fund source within all appropriations bills for the duration of the dedication.

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The dedicated trust funds and the trustees of those funds established in or included in the framework within HB 511 are the: Georgia Outdoor Stewardship Trust Fund and the Wildlife Endowment Trust Fund, under the purview of the commissioner of the Department of Natural Resources; Solid Waste Trust Fund and Hazardous Waste Trust Fund, under the purview of the director of the Environmental Protection Division; State Children's Trust Fund, under the purview of the director of the Division of Family and Children Services; Trauma Care Network Trust Fund, under the purview of the executive director of the Georgia Trauma Care Network Commission; Transportation Trust Fund and Georgia Transit Trust Fund, under the purview of the commissioner of the Department of Transportation; Georgia Agricultural Trust Fund, under the purview of the commissioner of the Department of Agriculture; and Fireworks Trust Fund, under the purview of the commissioner of the Department of Revenue.

Finally, the bill establishes a fiscal note analysis process as a requirement for future fee dedication legislation. The analysis, prepared by the Office of Planning and Budget and the State Auditor, accompanies the bill, which must be introduced by the 20th day of a legislative session. Bills that do not pass in the first year of a biennium must be reintroduced with an updated fiscal analysis.

Authored By: Rep. Albert Reeves (34th) Rule Applied: Structured House Appropriations Committee 02-26-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: 168 Nays: 0 Amendments:

HB 548 Social services; reasonable access to records concerning reports of child abuse to the Administrative Office of the Courts; provide Bill Summary: House Bill 548 provides access to records of child abuse reports for the Administrative Office of the Courts for the purpose of providing more information in cases involving children who have been the subject of dependency actions and actions to terminate parental rights. This information will be protected by agreements with the Division of Family and Children Services to provide appropriate confidentiality.

Authored By: Rep. (13th) Rule Applied: Modified-Structured House Juvenile Justice Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 171 Nays: 0 Amendments:

HB 553 State government; participation in hearings by electronic communications; provide Bill Summary: House Bill 553 amends the 'Georgia Administrative Procedure Act' to allow for administrative law hearings, which were previously permitted to be conducted by telephonic communication, to be conducted using broader electronic communication means. The bill also allows the Office of State Administrative Hearings to require the electronic filing of documents and to serve any party electronically unless law requires alternative means of service. Records of hearings may be made available and transferred by electronic means.

Authored By: Rep. Stan Gunter (8th) Rule Applied: Modified-Structured House Judiciary Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 166 Nays: 0 Amendments:

HB 574 Animals; Companion Local Government Animal Trust Fund for reimbursement of impoundment expenses incurred by local governments; provide Bill Summary: House Bill 574 creates the Companion Local Government Animal Trust Fund and dedicates no more than $50,000 of collected pet dealer, kennel, stable, and animal shelter fees to the fund, provided the fund's total does not exceed $200,000. Local governments may apply for reimbursement of expenses related to impounding more than 29 dogs or cats or more than nine equines as part of an investigation. The Department of Agriculture determines which expenses are reasonably and appropriately incurred and qualify for reimbursement. The department shall retain up to $10,000 for the administration of the fund and develop rules and regulations. The commissioner shall provide a report on the fund to the House and Senate Agriculture and Consumer Affairs

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committees by February 1 of each year. The fund stands abolished on July 1, 2031.

Authored By: Rep. (131st) Rule Applied: Modified-Structured House Agriculture & Consumer Affairs Committee 03-01-2021 Do Pass Committee: Action: Floor Vote: Yeas: 164 Nays: 0 Amendments:

HB 586 Georgia Economic Recovery Act of 2021; enact Bill Summary: House Bill 586, the 'Georgia Economic Recovery Act of 2021', amends O.C.G.A. 48-8-3, relating to exemptions from sales and use taxes, by extending the sunset on the exemption of sales of tangible personal property used for and in the construction of a competitive project of regional significance from June 30, 2021, to June 30, 2023, and providing a state and local sales tax exemption for the sale of tickets, fees, or charges for admission to a fine arts performance or exhibition conducted by a 501(c)(3) organization or a museum of cultural significance, provided that the organization's or museum's primary mission is to advance the arts in Georgia.

The bill also amends O.C.G.A. 48-8-3.2, relating to a sales tax exemption for certain machinery and equipment used in manufacturing, by including manufacturing plants that are motor vehicles. The bill limits the exemption on those vehicles to the maintenance and replacement parts for the equipment used to mix, agitate, and transport freshly mixed concrete in a plastic and unhardened state. Motor fuel used in a motor vehicle that is a manufacturing plant is not exempt from sales and use tax.

HB 586 also amends O.C.G.A. 48-8-3.2, relating to the maximum amount of sales and use tax imposed to maintain, repair, or refit a boat, by eliminating the June 30, 2025, sunset date.

Authored By: Rep. Sam Watson (172nd) Rule Applied: Structured House Ways & Means Committee 02-25-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: 164 Nays: 6 Amendments:

HB 587 Georgia Economic Renewal Act of 2021; enact Bill Summary: House Bill 587, the 'Georgia Economic Renewal Act of 2021', makes multiple amendments throughout O.C.G.A. 48-7, relating to income tax.

The bill adds a new Code section that establishes an additional tax credit for jobs created by a medical equipment and supplies manufacturer or a pharmaceutical and medicine manufacturer. The credit of $1,250 per job is available for jobs that qualify for the current job tax credit or quality jobs tax credit to the extent that those jobs are engaged in the activity of manufacturing medical equipment or supplies or manufacturing pharmaceuticals or medicine. The credits must be claimed separate from the current job tax credit or quality jobs tax credit. When the credits exceed the taxpayer's income tax liability, the credits may be used to cover the taxpayer's quarterly or monthly employee withholding payments and the credits may be carried forward for up to 10 years. A taxpayer may not claim both the job tax credit for PPE manufacturers and this credit.

The bill also amends O.C.G.A. 48-7-40.15, relating to alternative tax credits for base year port traffic, by allowing the income tax credits earned to be used to offset payroll withholdings taxes.

House Bill 587 also amends O.C.G.A. 48-7-40.25, relating to the income tax credit for business enterprises with existing manufacturing facilities, by establishing specific requirements for high- impact aerospace defense projects. A "high-impact aerospace defense project" must be constructed by a business enterprise that is a prime aerospace defense contractor with greater than 40 percent of its revenues from sales to the United States government in its most recent tax year and must be certified by the commissioner of the Department of Economic Development as materially supportive of the mission of the Georgia Joint Defense Commission and the Governor's Defense Initiative. The bill allows a high-impact aerospace defense project to start claiming manufacturing facility tax credits in the tax year in which the taxpayer achieves 1,000 jobs and a $500 million investment; however, the taxpayer must certify that it will later achieve 1,800 jobs and an $800 million investment. For high- impact aerospace defense projects, the qualifying jobs must be located in Georgia, but are not required to be located at the manufacturing facility. The bill also increases the aggregate cap on

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credits for any individual project from $50 million to $100 million for high-impact aerospace defense projects and allows high-impact aerospace defense projects to claim either a quality jobs tax credit or mega project tax credit along with existing manufacturing tax credits. The bill also amends O.C.G.A. 48-7-40.24, relating to conditions for taking the job tax credit, by repealing the 4,500 job cap for the job tax credit.

HB 587 also amends 33-1-25, relating to the 'Georgia Agribusiness and Rural Jobs Act,' by authorizing an additional $100 million to the 2021 allocation of funding to begin August 1, 2021. The bill also increases the application fee from $5,000 to $25,000, establishes an annual maintenance fee of $7,500, and expands the annual reporting requirements for the rural funds to include the fund's total eligible capital investments as a percentage of its total capital investments.

The bill also amends 48-7-40.34, relating to the tax credit for Class III railroads, by extending the sunset date to earn credits from December 30, 2023, to December 30, 2028, as well as extending the deadline to freely assign credits from January 1, 2024, to January 1, 2029.

Authored By: Rep. Bruce Williamson (115th) Rule Applied: Structured House Ways & Means Committee 02-25-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: 157 Nays: 14 Amendments:

HB 588 Transportation; eligible expenditures; Georgia Freight Railroad Program; provisions Bill Summary: House Bill 588 updates Georgia's Code section on projects completed as a public private partnership (P3) by defining what constitutes a public benefit. Projects that provide "public benefit" are those that result in enhanced public safety; enhanced mobility of people or goods; congestion mitigation; enhanced trade and economic development; improved air quality or land use; a reduction of public expenditures due to improved transportation efficiency or infrastructure preservation; and other public benefits identified and approved by a majority of the State Transportation Board.

The legislation amends the definition of a P3 project to include intermodal rail-related and multimodal transportation solutions deemed appropriate for letting by the Georgia Department of Transportation (GDOT).

GDOT staff is required in odd-numbered years to identify and report to the board potential undertakings best suited for delivery under Georgia's letting procedures Code section related to public private partnerships that are expected to provide the greatest public benefit reflective of the new definition of "public benefit".

House Bill 588 dedicates the collection of sales and use tax on fuel used exclusively for the operation of locomotives to GDOT for use exclusively on freight and logistics projects. Each year, by February 1, GDOT submits a report to the House and Senate Transportation Committees, as well as members of the public upon request, accounting for the funds received and expended. This dedication is subject to all conditions imposed by the Constitution of Georgia and is not operational if the dedication of state revenues is equal to or exceeds one percent of the total state revenues based on the previous fiscal year's appropriations.

Additionally, the legislation establishes the commissioner of the GDOT as an ex-officio member of the Georgia Ports Authority.

Authored By: Rep. (11th) Rule Applied: Modified-Structured House Transportation Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 166 Nays: 0 Amendments:

HB 593 Tax Relief Act of 2021; enact Bill Summary: House Bill 593 amends O.C.G.A. 48-7-27, relating the computation of state taxable net income, by increasing the standard deduction for taxpayers that are single and heads of household from $4,600 to $5,400, taxpayers that are married and filing a joint return from $6,000 to $7,100, and

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taxpayers that are married and filing individual returns from $3,000 to $3,550, beginning tax year 2022.

Authored By: Rep. (146th) Rule Applied: Structured House Ways & Means Committee 02-25-2021 Do Pass Committee: Action: Floor Vote: Yeas: 171 Nays: 0 Amendments:

HB 635 Courts; each judge of the superior court, state court, and probate court and each magistrate shall have authority to perform any lawful judicial act; provide Bill Summary: House Bill 635 allows superior, state, probate, and magistrate court judges to perform any lawful, judicial act from any location. Previously, the Code required such judges to be physically located in Georgia to perform such acts. A judge's ability to conduct courts of inquiry by audio-visual communication is expanded.

The bill also authorizes superior and state courts to hold any court session in an alternative facility that is deemed to be in the best interest of the public by county governing authorities; with considerations of travel burden being paramount. Such alternative facilities must be within the same county or an adjoining county and be open and accessible to the public. Criminal jury trials may only be conducted in an alternative location if the governing authority owns the facility or has a contractual relationship with the alternative location.

Superior courts of counties with a state court that utilizes courtrooms outside of the county site may only hold court sessions outside of the county site if the chief judge enters a written order to hold the session outside the county site. The order must include a finding as to why it is impracticable to hold the session at the county site and a judge of the state court enters a written order consenting for the session to be held in the courtroom of the state court. Such off-site sessions shall not affect the place of filing for superior court documents. Any state court making courtroom space available to the superior court is authorized to hold sessions of state court in the superior court facilities.

In counties where the county site is located in an unincorporated area and the governing authority determines that building a courthouse annex or satellite courthouse outside of the county site is in the best interest of the public, the state and superior courts of such counties are authorized to conduct any court sessions, grand juries, or other related business of the courts at such sites.

Authored By: Rep. (33rd) Rule Applied: Modified-Structured House Judiciary Committee 02-25-2021 Do Pass by Committee Committee: Action: Substitute Floor Vote: Yeas: 166 Nays: 0 Amendments:

HR 130 Board of Community Affairs; approving transfer of Forsyth County from Georgia Mountains Regional Commission to Atlanta Regional Commission; ratify action Bill Summary: House Resolution 130 ratifies and approves the transfer of Forsyth County from the Georgia Mountains Regional Commission to the Atlanta Regional Commission.

Authored By: Rep. Lauren McDonald (26th) Rule Applied: Modified-Open House Governmental Affairs Committee 02-24-2021 Do Pass Committee: Action: Floor Vote: Yeas: 163 Nays: 0 Amendments: Floor Action: Adopted (Resolution)

HR 185 House Rural Development Council; reauthorize Bill Summary: House Resolution 185 reauthorizes the House Rural Development Council. The council will have 15 members from the House of Representatives, and the speaker of the House will designate two members to serve as co-chairpersons. The council will dissolve on December 31, 2022.

Authored By: Rep. (7th) Rule Applied: Structured House Economic Development & Tourism Committee 02-25-2021 Do Pass Committee: Action:

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Floor Vote: Yeas: 164 Nays: 0 Amendments: Floor Action: Adopted (Resolution)

Postponed Until Next Legislative Day HB 44 State government; Georgia shall observe daylight savings time year round; provide Bill Summary: This bill provides that the state, including all political subdivisions, shall observe daylight savings time year-round as the standard time. The new Code section shall become effective only if the United States Congress authorizes states to keep daylight savings time year-round.

Authored By: Rep. Wesley Cantrell (22nd) Rule Applied: Modified-Open

HB 302 Revenue and taxation; proceeds of local government regulatory fees be used to pay for regulatory activity; require Bill Summary: House Bill 302 amends Chapter 13 of Title 48, relating to business and occupation taxes, by requiring that the proceeds from regulatory fees be used to fund such regulatory activity, eliminating regulatory fee calculation methods specific to the construction industry, and removing taxicab and limousine operators, boxing promoters, shooting galleries and firearm ranges, and firearm dealers from the list of examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments. Shooting galleries and firearm ranges and firearm dealers are added to the list of examples of businesses or practitioners of professions or occupations that local governments are not authorized to subject to regulatory fees.

Authored By: Rep. (17th) Rule Applied: Structured

HB 328 Public utilities; one-time right of way permit fee and reduce annual right of way use fees; establish Bill Summary: House Bill 328 establishes a one-time right-of-way permit fee and reduces the annual right-of-way fee that is paid to cities by telephone companies that do not have retail, end user customers located within the city limits. The annual fee is reduced to five cents per linear foot and the one-time permit fee is set to not exceed the lesser of the city's actual cost of administration of the right-of-way or $100.

Authored By: Rep. Martin Momtahan (17th) Rule Applied: Modified-Structured

Next on the Floor from the Committee on Rules The Committee on Rules has fixed the calendar for the 27th Legislative Day, Friday, March 5, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Thursday, March 4, at 11:00 a.m., to set the Rules Calendar for the 28th Legislative Day.

HB 328 Public utilities; one-time right of way permit fee and reduce annual right of way use fees; establish Bill Summary: House Bill 328 establishes a one-time right-of-way permit fee and reduces the annual right-of-way fee that is paid to cities by telephone companies that do not have retail, end user customers located within the city limits. The annual fee is reduced to five cents per linear foot and the one-time permit fee is set to not exceed the lesser of the city's actual cost of administration of the right-of-way or $100.

Authored By: Rep. Martin Momtahan (17th) Rule Applied: Modified-Structured House Energy, Utilities & Committee 02-16-2021 Do Pass by Committee Committee: Telecommunications Action: Substitute

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

Agriculture & Consumer Affairs Committee

HB 676 Georgia Farmers' Market and Produce Terminal Development Authority Act; enact Bill Summary: House Bill 676 creates the Georgia Farmers' Market and Produce Terminal Development Authority and assigns it to the Department of Agriculture for administrative purposes. The authority is responsible for the operation, administration, and supervision of the state's farmers' markets as well as provides facilities and activities to promote the agricultural community's products to agribusiness entities and the public.

The authority has 10 members, comprised of nine appointed members as well as the commissioner of the Department of Agriculture. The governor, the lieutenant governor, and the speaker of the House are to appoint three members each. Of the three members, two must represent the state's agriculture and business interests and one must represent the interests of consumers. Members appointed initially will serve staggered terms as follows: three members for one year, three members for two years, and three members for three years. All subsequent terms will be for four years.

HB 676 grants the authority the ability to build, manage, and operate property owned or leased by either the authority or the state of Georgia. All funds received as grants, revenues, rents, and earnings are to be trust funds to be held and applied as stated in Title 2, Chapter 23 of the Official Code of Georgia Annotated. The authority may issue bonds for which the principal and interest may only be paid using the authority's fund.

Any legal action taken by or against the authority is to be brought in the Superior Court of Tift County. Legal services for the authority will be provided by the attorney general.

A legislative advisory committee shall provide oversight to the authority and be comprised of the chairs of the House and Senate Agriculture and Consumer Affairs Committees, as well as one appointee each by the speaker of the House of Representatives and the president of the Senate.

Authored By: Rep. (170th) House Agriculture & Consumer Affairs Committee 03-03-2021 Do Pass by Committee Committee: Action: Substitute

HB 693 Motor vehicles; operation of farm tractors on interstate highways; prohibit Bill Summary: House Bill 693 prohibits farm tractors from being driven on any highway in the state unless deemed necessary by the Department of Public Safety for travel in certain geographic areas of the state. Operators must take reasonable steps to reduce the width of farm tractors. If the width of a farm tractor is more than a roadway or more than half the width of a roadway without marked lanes, the operator shall safely move the tractor as far to the right-hand side of the roadway as possible.

If a farm tractor or implement of husbandry cannot be moved to the far right-hand side of a roadway, drivers of other vehicles must yield the right-of-way to the tractor or implement of husbandry.

Authored By: Rep. (178th) House Agriculture & Consumer Affairs Committee 03-03-2021 Do Pass Committee: Action:

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Judiciary Non-Civil Committee

HB 236 Domestic relations; additional monitoring of victim after granting of a temporary protective order; provide Bill Summary: Under the provisions of this bill, when a temporary protective order is granted for relief from family violence, the petitioner may elect to receive periodic safety checks from local law enforcement officers, which include observations of the outside of the petitioner's residence and officer presence nearby the petitioner's residence. The petitioner elects to receive these safety checks by providing the local law enforcement agency with a copy of the temporary protective order.

If the petitioner elects to receive these safety checks, then the safety checks shall be ongoing for a total period of 60 days, with the individual checks occurring at the discretion of the local police agency. Prior to the 60-day period ending, the petitioner can withdraw his or her request, or the local police agency can determine that the petitioner no longer appears to require the safety checks.

Authored By: Rep. (74th) House Judiciary Non-Civil Committee 03-03-2021 Do Pass by Committee Committee: Action: Substitute

HB 255 Sexual Assault Reform Act of 2021; enact Bill Summary: House Bill 255 is known as the 'Sexual Assault Reform Act of 2021'. This bill requires sexual assault protocol committees to submit an annual certification of compliance to the Criminal Justice Coordinating Council (CJCC), which will then notify the governor, lieutenant governor, state speaker of the House, and the chief justice of the Supreme Court of Georgia of any noncompliant judicial circuits. This bill also clarifies language stating that it is a victim's right not to immediately report an alleged sexual assault and that the investigating law enforcement agency shall retain certain physical evidence for at least 12 months from the date of collection.

Further, this bill creates a statewide sexual assault kit tracking system, to be operated by the Criminal Justice Coordinating Council. The tracking system will track the location and status of sexual assault kits as they move through the chain of custody; designate the kits as unreported or reported; allow certain medical facilities, law enforcement agencies, prosecutors, the Georgia Bureau of Investigation, and other entities having custody of sexual assault kits to update the status and track the location of the kit; allow victims of sexual assault to anonymously track the status of their kits; and use technology to allow continuous access. This system will be phased in, but the bill requires all entities having custody of kits to fully participate in the system by one year from the effective date..

The CJCC will also be required to submit a status report and implementation plan for the system by January 1, 2021. Continued reports on the status of the system shall be submitted twice per year and include certain data, such as the total number of kits in the system, number of kits where forensic analysis has been completed; number of kits added to the system, rate of time for kits to be submitted for forensic analysis after being added to the system, number of kits destroyed or removed from the system, and number of kits for which forensic analysis has not been completed and one year has passed since being added to the system. Government agencies and hospitals providing services to victims of sexual assault will not be liable for civil damages due to a release of information, or failure to release information, related to the system, absent gross negligence.

Further, this bill requires each law enforcement agency in the state to enter required information into the FBI's national database of the Violent Criminal Apprehension Program for any investigations of an allegation of rape, aggravated sodomy, or aggravated assault with intent to rape, in which the alleged perpetrator is unrelated to the victim or is known to be a serial sexual offender. This applies retroactively to all pending investigations that meet the above criteria, although an exemption exists for offenses involving a victim between the ages of 14 and 16 and an alleged offender of 18 years old or younger, so long as the alleged offender is not more than four years older than the victim.

Authored By: Rep. (81st) House Judiciary Non-Civil Committee 03-03-2021 Do Pass by Committee Committee: Action: Substitute

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HB 327 Organized Retail Crime Prevention Act; enact Bill Summary: House Bill 327 is known as the 'Organized Retail Crime Prevention Act'.

The bill adds several requirements for the resale of gift cards by merchants who specialize in the sale of gift cards that are not authorized by the corporate issuer nor its agent and refers to these merchants as "third party card dealers." These third party card dealers must maintain records for three years on applicable data, including, the date of transaction; name of the person conducting the transaction; name, age, and address of the seller; a description of the general appearance of the customer and the customer's driver's license number; and amount of value on the gift card and the price paid. These entries must be open to the inspection of authorized law enforcement officers during ordinary business hours or at any other reasonable time.

Further, this bill creates a misdemeanor offense for a third party card dealer, or its agents or employees, who knowingly fails to make an entry of any material matter in the records; makes any false entry; falsifies, destroys, or removes the record book; refuses to allow an authorized law enforcement agent to inspect the records or any stored gift card; or fails to maintain a record of each required transaction for at least four years.

Part 3 of the bill revises the Code to say that the definition of "retail property" for purposes of retail property fencing, civil forfeiture, or other matters is not required to be new items. The definition of "conviction" is also broadened for purposes of the crimes of theft by shoplifting and refund fraud to include pleas of nolo contendere.

HB 327 creates a felony crime for organized retail theft, which occurs when a person intentionally organizes others to steal property of a store for purposes of reselling that property for monetary gain. The aggregate value of the property must be $25,000 or more, and the property must be fenced to another for resale or intended to be. The punishment for the crime is imprisonment of between three to twenty years, a fine of more than $50,000, or both.

Authored By: Rep. Martin Momtahan (17th) House Judiciary Non-Civil Committee 03-03-2021 Do Pass by Committee Committee: Action: Substitute

HB 411 Prosecuting Attorneys Oversight Commission; create Bill Summary: House Bill 411 creates the Prosecuting Attorneys' Oversight Commission, which consists of a five-member investigative panel and a three-member hearing panel. The investigative panel is responsible for investigating alleged conduct that constitutes grounds for discipline, which is specifically outlined in the bill and includes various grounds such as mental or physical incapacity; willful misconduct in office; willful and persistent failure to perform duties; conviction of a crime involving moral turpitude; conduct prejudicial to the administration of justice; allowing an assistant district attorney or assistant solicitor-general to commit acts that would constitute removal; and violating the State Bar of Georgia's Rules of Professional Conduct. Complaints made to the investigative panel are required to show evidence that constitutes a ground for discipline, and if the complaint makes an allegation on the basis of a charging decision, plea offer, or one of the other specific issues in the bill, then the complaint must also show that it was plausible that the decision was made based on one of the specific criteria, e.g., undo bias or an undisclosed conflict of interest.

Authored By: Rep. Joseph Gullett (19th) House Judiciary Non-Civil Committee 03-03-2021 Do Pass by Committee Committee: Action: Substitute

HB 556 Criminal procedure; revise authority for trial upon accusations Bill Summary: House Bill 556 allows for a defendant to waive his or her right to a jury trial, so long as the defendant is not being tried for the death penalty or a serious violent felony, and have the case tried by the presiding judge as a bench trial. While a prosecuting attorney's objection to this waiver does not preclude the court from granting the defendant's request for the waiver, the court maintains the discretion to order a jury trial regardless of the waiver. Procedurally, when the defendant makes

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the waiver, the court shall advise the defendant about the right to a trial by jury; the differences between the types of trial; and inquire as to whether the waiver is being made knowingly, intelligently, and voluntarily.

Further, this bill allows district attorneys to file an accusation without convening a grand jury, so long as the accusation is not a serious violent felony and meets other requirements. The defendant must have expressly waived a commitment hearing, been released on bond pending a commitment hearing, been confined in jail for at least 45 days since his or her arrest, and there must have been a finding of probable cause. The felony violations that fall within this section are revised to include crimes falling under O.C.G.A. 16-13-30 relating to the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana.

The provisions of this bill shall sunset on June 30, 2022.

Authored By: Rep. Stan Gunter (8th) House Judiciary Non-Civil Committee 03-03-2021 Do Pass by Committee Committee: Action: Substitute

Rules Committee

HB 675 General Assembly; members and officers; revise compensation, expenses, and allowances Bill Summary: House Bill 675 codifies the recommendations of the State Commission on Compensation, authorized by O.C.G.A 45-7-90, to update the salaries set in statute for Georgia's Constitutional officers. The bill sets the salary for the lieutenant governor at $135,000; the commissioner of Agriculture at $144,653; the salary of the attorney general at $165,611; the commissioner of Insurance at $143,269; the commissioner of Labor at $146,115; each member of the Public Service Commission at $138,974; the state school superintendent at $146,691; and the secretary of state at $147,128.

The bill also updates statutory judicial salaries for each justice of the Supreme Court to $175,600; each judge of the Court of Appeals to $174,500; the judge of the Georgia State-wide Business Court to $174,500; each superior court judge to $126,265; and each district attorney to $120,072.

The bill includes the recommendations of the State Commission on Compensation to update the statutory salary for members of the General Assembly to $29,908 and updates the per diem to $173, as well as sets stipends for the speaker of the House at $135,000 and $35,908 for the pro tempore officers of each chamber.

The bill provides for an inflationary or deflationary factor, determined by the Legislative Services Committee from a standard index, to be applied to the salaries for the members of the General Assembly at the start of each biennium. Any percentage increase or cost-of-living adjustment made on behalf of state employees is also applied to members of the General Assembly for the next term starting the odd-numbered calendar year.

Finally, in addition to regularly reimbursed mileage, the bill establishes an additional mileage reimbursement for members for every mile over a 100-mile round-trip journey of the state capitol of $1.00 per mile.

Authored By: Rep. Wesley Cantrell (22nd) House Rules Committee 03-03-2021 Do Pass by Committee Committee: Action: Substitute

Ways & Means Committee

HB 114 Income tax; adoption of foster children; revise tax credit

Bill Summary: House Bill 114 amends O.C.G.A. 48-7-29.15, relating to the tax credit for adoption of a foster child, by increasing the current credit from $2,000 to $6,000 per foster child for the first

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five years of adoption and returning to $2,000 per year until the child reaches the age of 18. Unused credits are non-refundable and cannot be carried forward to a future year's tax liability.

Authored By: Rep. Albert Reeves (34th) House Ways & Means Committee 03-03-2021 Do Pass Committee: Action:

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.

03/04/2021 7:30 AM APPROPRIATIONS (House) 341 CAP HYBRID VIDEO Agenda

03/04/2021 9:00 AM JUDICIARY (House) 132 CAP HYBRID VIDEO Agenda

03/04/2021 9:30 AM Special Committee on Election Integrity Blackmon 403 CAP HYBRID VIDEO Agenda

Subcommittee (House)

03/04/2021 10:00 AM INDUSTRY AND LABOR (House) 406 CLOB VIDEO Agenda HYBRID

03/04/2021 10:00 AM Public Safety and Homeland Security Subcommittee B 606 CLOB VIDEO Agenda

(House) HYBRID

03/04/2021 11:00 AM RULES (House) 341 CAP Agenda

03/04/2021 11:30 AM SMALL BUSINESS DEVELOPMENT (House) 506 CLOB VIDEO Agenda HYBRID

03/04/2021 12:00 PM PUBLIC SAFETY AND HOMELAND SECURITY (House) 406 CLOB VIDEO Agenda HYBRID

03/04/2021 12:00 PM ECONOMIC DEVELOPMENT AND TOURISM (House) 341 CAP HYBRID VIDEO Agenda

03/04/2021 1:00 PM EDUCATION (House) 606 CLOB VIDEO Agenda HYBRID

03/04/2021 1:00 PM HIGHER EDUCATION (House) 341 CAP HYBRID VIDEO Agenda

03/04/2021 1:30 PM JUDICIARY NON CIVIL (House) 132 CAP HYBRID VIDEO Agenda

03/04/2021 2:00 PM SPECIAL COMMITTEE ON ACCESS TO QUALITY HEALTH 515 CLOB VIDEO

CARE (House)

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