Legislative Update

February 18, 2000          A review of current developments from the Georgia Bankers Association

www.gabankers.com
 

Sub S Tax Bill 
in Subcommittee
Tuesday

 

H.B. 1452 by Representatives Butch Parrish (D-Swainsboro), Tom Buck (D-Columbus), Bob Hanner (D-Parrott), Earl Ehrhart (R-Powder Springs) and Mickey Channell (D-Greensboro) is on the agenda for the Income Tax Subcommittee of the House Ways and Means Committee Tuesday, February 22.  The Subcommittee is chaired by Rep. Keith Heard (D-Athens).  The bill is designed to allow stockholders in banks which have elected Subchapter S tax status to have tax credits formerly available to the corporation be passed through on a pro rata basis to the individual stockholders.  The bill will treat banks which have elected Sub S status the same tax credit pass throughs as other corporations that are Sub S filers.


Parrish


Heard

State Tuition Program The GBA testified before the University System of Georgia Committee this week on changes we are requesting to H.B. 1189 by Representative Louise McBee (D-Athens) and others which would establish a tax-advantaged savings program for college students.  The bill as drafted would limit the banks which could offer these accounts to only those banks with trust powers.  GBA President, Joe Brannen, asked the committee to expand the definition to include any state or nationally chartered bank operating in Georgia.  Committee Chairman DuBose Porter (D-Dublin) asked GBA to work with Legislative Counsel to redraft the bill to incorporate our recommendations.  The bill is expected to be reconsidered next week.  The bill authorizes accounts to be established that would be exempt from state income tax and taxed at the student rate at the federal level when the withdrawals are made for college tuition expenses.  As currently drafted, the annual maximum contribution would be $5,000 and the total maximum allowed in the account would be $100,000. 

McBee

Porter

Housekeeping 
Bill Advances
The Banking Department’s annual housekeeping bill, H.B. 1231, was reported out of the House Banks and Banking Committee this week and is expected to be considered by the full House next week.  The bill would incorporate many of the changes necessary because of the passage of the federal Gramm-Leach-Bliley Act, more commonly known as the Financial Modernization Act, S. 900.  The bill will give financial institutions more flexibility in offering financially-related products. 

Perfection Bill 
Passes House
H.B. 1364 by Representatives Alan Powell (D-Hartwell) and Bobby Parham (D-Milledgeville) passed the House this week and is pending in the Senate Transportation Committee.  The bill speeds up the time lenders can perfect their security interest in motor vehicles by granting perfection when a new form to be developed by the Revenue Department is presented to either the Revenue Commissioner or County Tag Agent.  GBA supports this much-needed legislation.

Powell

Parham
Deferred Presentment
Regulation
H.B. 515 by Representative Reichert. Provides for the licensing of any person or business which accepts a check, but defers the presentment of the check in exchange for a cash payment to the maker of the check.  

S.B. 294 by Senator Cheeks.  Creates the criminal offense of unlicensed commercial loan sharking when a lender makes 10 or more loan transactions within one year at a rate of interest in excess of the criminal usury statute.   Financial Institutions and other lawful, regulated similar industries are exempt.  GBA is monitoring.


Reichert


Cheeks

Venue


Martin

H.B. 369 by Representatives Martin, Bordeaux, Allen and Teper. Corporations authorized to do business in Georgia would be subject to lawsuits in the county where the corporation is headquartered; in the county where the contract to be enforced was made or performed if the corporation has an office in that county; or where one or more plaintiffs reside at the time of the filing of the complaint. Furthermore, the corporation is deemed to transact business in a county where it engages in a regular course of business activity.  GBA is opposed.

Title Insurance 
Regulation


Teper

H.B. 1084 by Representative Teper. Would regulate the sale of title insurance and establish premium rates to be charged by title insurers for single risks of $1 million and above. GBA opposes.

Return Item Charges


Powell

H.B. 1389 by Representatives Powell, Martin, Epps, Parrish, Stallings and others.  Allows for the holder of a dishonored check to collect from the maker any fee charged by the bank or financial institution to the holder for handling the dishonored instrument.  Pending House Banks and Banking. GBA is monitoring.

Boat Titling


Starr

S.R. 569 by Senators Starr, Walker and Dean.  Creates a study committee to look into the need to title boats.  The study committee will meet after the session and will make recommendations to the 2001 session of the General Assembly.  The GBA has expressed support for boat titling and will be working with the Study Committee.

Low-Income Housing 
Tax Credits


Buck

H.B. 272 by Representative Buck, Royal, Coleman, Heard, Jamieson and Stancil.  Provides for a tax credit for low-income housing and exclude certain capital gains income from state taxable net income.  Pending House Ways and Means.

Preneed Funeral 
Service Contracts


Polak

S.B. 431 by Senator Polak.  Requires that funds deposited for preneed contracts be held in a financial institution insured by the FDIC.  Pending Senate Banking and Financial Institutions Committee.  

GBA Keeps You 
Informed

GBA’s Legislative Update is intended to keep you apprised of the bills that the GBA is tracking on the industry’s behalf.  Subsequent issues will be mailed on alternate Fridays except when the legislature is in recess.  On Fridays that the Update is not mailed, GBA’s LegisFAX will be sent via fax to all CEO’s, Contact Bankers, Bank Counsel Section members and those interested in tracking issues on a weekly basis. The electronic version of both the Legislative Update and the LegisFAX will be sent by e-mail to those on our e-mail list.  The ‘State Issues’ section of GBA Online, GBA’s home page at www.gabankers.com, is linked to the website maintained by the General Assembly and assures that you will have the latest version of any bill being tracked by the GBA.

GBA’s Lobbyists at the Capitol

The lobbying team for the GBA will be at the Capitol full-time throughout the session.  If you need to get in touch with any of them on a particular issue, several ways are available. Call the main number at the GBA, (404) 522-1501, or leave a message on their direct voice mail, or send them an e-mail. They will get back to you at the earliest opportunity.

Joe Brannen, Direct phone, (404) 420-2026

Elizabeth Way, Direct phone, (404) 420-2027

Don Browne, Direct phone, (404) 420-2021

Dan Thomason, Direct phone, (404) 420-2016

The electronic version of GBA's Legislative Update will be published regularly during the 2000 session of the Georgia General Assembly.  Let GBA's Lydia Thomas know of others you would like to add to our distribution list.

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