529 Savings Account Tax Deduction Increase (N)
HB 802 by rep.
Sam Teasley (R-Marietta) would increase the tax deduction for joint return filers for annual contributions to 529 college savings plans from $2,000 to $4,000.
Abandoned Property
HB 231 by Rep.
Trey Kelley (R-Cedartown) would authorize the state revenue commissioner to deduct certain costs associated with the sale of abandoned property from deposits into the general fund collected from the sale of the abandoned property. Costs that could be deducted include operating expenses, mailing expenses, consulting expenses and payments to other states required by reciprocity agreements.
Aquifer Protection and Uses
HB 116 by Rep.
Alex Atwood (R-Saint Simons) and SB 36 by
Sen. William Ligon (R-Brunswick) are identical bills that would permanently ban treated surface water injection into the Floridian Aquifer in 11 southeast Georgia counties.
Banking Improvement Zones (N)
SB 398 by Sen.
Josh McKoon (R-Columbus) would provide for the establishment of banking improvement zones to encourage opening of financial institutions in areas underserved by financial institutions. The bill calls for a local ordinance to deposit the local government’s funds in a financial institution complying with the provisions of the act at a rate of interest at or below the two-year existing certificate of deposit rate offered by the institution.
Benefit Cards (N)
SB 389 by Rep.
Hunter Hill (R-Atlanta) would add compliance rules for certain public benefit recipients to follow to continue receiving the benefits. The bill also would require benefit card issuers or ATM operators to disallow benefits when used when the card is presented in a range of establishments such as tattoo parlors and aboard cruise ships.
Benefit Corporations (N)
HB 1052 by Rep.
Scott Holcombe (D-Atlanta) would establish benefit corporations as a new entity type in Georgia. Such a corporation would be designed to have a beneficial purpose other than maximizing shareholder value.
Commerce and Trade – Powers of Attorney (2 bills) (N)
HB 918 by Rep.
Chuck Efstration (R-Dacula) would apply uniform terms, conditions and requirements relating to powers of attorney to various code sections.
SB 397 by Sen.
Judson Hill (R-Marietta) is similar to the House version above.
Cyber Security, Data Security and Privacy Study Committees (4 Bills)
HR 473 by Rep.
Mike Dudgeon (R-Johns Creek) would establish an eight-member Joint Study Committee on Cyber Security to recommend legislation or other action as appropriate to ensure Georgia maintains and strengthens its position as a leader in the information security sector.
SR 360 by Sen.
Brandon Beach (R-Alpharetta) would establish an eight-member Senate Data Security and Privacy Study Committee to assess state and local governments’ and related entities’ data security and privacy protections and recommend legislation or other action as appropriate.
HR 724 by
Rep. B.J. Pak (R-Lilburn) would create the House Study Committee on Cyber Security and Privacy.
HR 788 by Rep.
Ron Stephens (R-Savannah) would create the House Study Committee on Cyber Security.
Debt Settlement Company Regulations
HB 387 by Rep.
Trey Kelley (R-Cedartown) would set up a regulatory framework for debt settlement companies that work with Georgia consumers. The Georgia Department of Banking and Finance would be responsible for oversight, and debt settlement companies would be required to maintain an annual license issued by the department.
Digital Account Access
HB 274 by Rep.
Geoff Duncan (R-Cumming) would allow for a personal representative of a deceased person to access, handle, conduct, continue, distribute, or terminate the decedent’s digital accounts such as email accounts, financial account Internet sites, blogs, social networking and other online services as necessary.
Dispossessory Proceeding Notices
HB 616 by Rep.
Keisha Waites (D-Atlanta) would require a summons for dispossessory proceedings to be delivered within 10 days of its issue, and that a trial shall be held within 30 days of when an issued writ of possession is answered by a tenant.
Electronic Court Filings (N)
HB 1027 by Rep.
Barry Fleming (R-Harlem) would provide for the electronic filing of documents with the clerks of superior court.
ERISA Study Committee – Autism Insurance Coverage (N)
SR 1055 by Sen.
Jeff Mullis (R-Chickamauga) would establish a joint Senate and House study committee to consider whether to require ERISA regulated health plans to provide payment for Applied Behavioral Analysis (ABA) treatment for autism spectrum disorder.
Fair Business Practices – Solicitation of Real Estate Conveyance Instruments (N)
HB 914 by Rep.
Sam Teasley (R-Marietta) would require any mail solicitations for services to obtain a copy of an instrument conveying real estate to be in large type and contain specific language indicating the mailing is a solicitation, not a bill.
Foundations (N)
SB 333 by Sen.
John Kennedy (R-Macon) would provide a mechanism for foundations to re-domicile in Georgia. GBA supported
Foreclosure – Condo Association Fees
SB 117 by Sen.
Jesse Stone (R-Waynesboro) would make the purchaser of a condominium at a foreclosure responsible for up to six months of unpaid condo association fees under certain circumstances. GBA opposes.
Foreclosure – Fee Accrual Disclosure
HB 173 by Rep.
LaDawn Jones (D-Atlanta) would require an additional, conspicuous statement be included in a foreclosure notice to say that all fees, fines and taxes on the property will remain the responsibility of the borrower and will continue to accrue after a foreclosure sale until the purchaser records the deed with the clerk’s office.
Foreclosure Registry (N)
HB 1026 by Rep.
Doreen Carter (D-Lithonia) would establish a statewide foreclosure registry and liens against property having been cited for code violations. GBA opposed.
Foreclosure – Right to Cure
HB 115 by Rep.
Billy Mitchell (D-Stone Mountain) would allow a borrower under certain conditions to cure a default up to five calendar days before the foreclosure sale by paying all past-due payments and any late fees and charges. The borrower must be the original debtor and occupy the property as a primary dwelling.
Housing Study Committee (N)
HR 1553 by Rep.
Jimmy Pruett (R-Eastman) would create the House Study Committee on Homes for Georgia families to look into homelessness and affordable housing and recommend solutions.
Identity Theft – Free Credit Report Security Freeze (N)
SB 306 by Sen.
P.K. Martin IV (R-Lawrenceville) would prohibit credit bureaus from charging a fee for placement of or removal of credit freezes by those notified of compromised information and would remove telephone notification as a permissible means of informing someone of a data breach involving personal information.
Industrial Loans (N)
HB 891 by Rep.
Christian Coomer (R-Cartersville) would authorize alternative rate charges for industrial loans and changes the name of industrial loans to installment loans.
Labor Credit Checks for Employment
HB 163 by Rep.
Winfred Dukes (D-Albany) would prohibit employers from requesting or requiring credit checks on most employees or prospective employees. The bill would also prevent employers from firing, refusing to hire, or discriminating against an employee or prospective employee based on information in a credit report. Exceptions would allow credit checks and appropriate actions against employees or prospects with certain management, financial and fiduciary duties, or access to certain sensitive customer information..
Leases – Sale Leaseback Transactions
HB 462 by Rep.
Alan Powell (R-Hartwell) would establish conditions under which sale leaseback transactions would not be considered a loan, extension of credit, sale, or security interest.
License and Surety Requirements of Livestock dealers and Market Operators (N)
HB 876 by Rep.
Clay Pirkle (R-Ashburn) would update license and surety requirements of livestock dealers and livestock market operators. The bill would add letters of credit, certificates of deposit, or other written instruments issued or executed by lending institutions as acceptable surety instruments required for a license.
Liens – Downtown Development Authority Assessments
SB 210 by Sen.
Hunter Hill (R-Smyrna) would give liens for downtown development authority assessments the same priority as other municipal liens.
Magistrate Court
HB 154 by Rep.
Tom Weldon (R-Ringgold) increases the fine for contempt of court issued by a Magistrate Court from $200 to $500.
Military Consumer Protection Act (N)
HB 812 by Rep.
Brian Prince (D-Augusta) would make possible state enforcement of provisions in the federal John Warner National Defense Authorization Act for Fiscal Year 2007 that deal with industrial loans, payday lending, and pawnbrokers.
Motor Boat Titling
HB 356 by Rep.
Ron Stephens (R-Savannah) would establish a boat and boat motor titling program using the same Electronic Lien Titling process currently used for motor vehicles.
Notaries
HB 381 by Rep.
Andrew Welch (R-McDonough) would make significant revisions to the Georgia code dealing with notaries public.
Pawnbrokers – Installment Transactions: (2 Bills) (N)
SB 371 by Sen.
Rick Jeffares (R-McDonough) would establish an "installment pawn transaction." Currently pawn transactions are only single-payment type obligations. This bill would allow a pawn transaction that can be repaid monthly for a term up to 24 months and require a motor vehicle or motor vehicle title be pledged as collateral.
HB 1001 Rep.
Tom McCall (R-Elberton) would establish an "installment pawn transaction" similar to SB 371.
Property – Covenant Renewals (N)
HB 1063 by Rep.
Chuck Martin (R-Alpharetta) would change the process for the renewal of covenants that restrict land to certain uses affecting planned subdivisions containing no fewer than 15 individual plots so the renewal will require a vote of 51 percent of the homeowners in certain instances.
Property Owner Associations
HB 685 by Rep.
Brian Strickland (R-McDonough) would establish a new procedure whereby a property owners association may take over the assets and be given rights to manage the property.
Property – Service of Ordinance Violation (N)
HB 1115 by Rep.
Michele Henson (D-Stone Mountain), would allow a notice of an ordinance violation related to property to be left at the property, mailed to the owner address of record and recorded with the magistrate court in order to perfect an in rem judgment for fines. .
Property – Vacant Structure Maintenance (N)
SB 422 by Sen.
JaNice VanNess (R-Conyers) would make it unlawful for a property owner to neglect reasonable maintenance of a vacant structure or property. If a property is not properly maintained or cleaned up upon defined notice by local government, a lien would be placed on the property to cover cleanup costs.
Property – Witnessing of Deeds, Mortgages and Bills of Sale
HB 267 by Rep.
Trey Kelley (R-Cedartown) would clarify the appropriate process for witnessing deeds, mortgages and bills of sale. The bill specifies that one of two required witnesses must be a judge of a court of record, including a judge of a municipal court, a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by special Act of the General Assembly.
Real Estate – Broker Paperwork (N)
HB 869 by Rep.
Alan Powell (R-Hartwell) would remove the requirement for mortgage brokers to retain indefinitely copies of certain paperwork related to real estate sales transactions.
Savings Accounts for First-Time Homebuyers
HB 530 by Rep.
Bruce Williamson (R-Monroe) would establish a special interest-bearing savings account for first-time homebuyers and allow contributions to the account and interest earned to be exempt from state income tax. Contributions and interest earnings eligible for tax exemptions would be limited to $3,000 annually for an individual and $6,000 annually for a married couple filing joint tax returns. Funds in the account would have to be used within the first 10 years from when the account is opened.
Senate Work and Save Study Committee (N)
SR 736 by Sen.
Charlie Bethel (R-Dalton) establishes a five-senator committee to evaluate the employer-offered retirement saving options or lack thereof for Georgia residents and recommend any action or legislation appropriate based on its findings. Nine states have passed “Work and Save” plan legislation that provides a way for all employed residents to save for retirement by payroll deduction at work, similar to a 529 college savings plan.
Sweepstakes Savings Accounts (N)
SB 403 by Sen.
Josh McKoon (R-Columbus) would establish sweepstakes savings accounts at financial institutions, with the commissioner of the Department of Banking and Finance developing rules and regulations.
Taxes – Ad Valorem Value of Conservation Property
HB 221 by Rep.
Jay Powell (R-Camilla) would change the definition of “Current Use Value” of a conservation use property to mean the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale.
Taxes – Credits for Bad Debts
HB 389 by Rep.
Brett Harrell (R-Snellville) would provide for an income tax deduction or refund of taxes paid or reported previously that are charged off as bad debts on private-label credit cards or dealer credit programs.
Taxes – Due Diligence to Find Delinquent Taxpayers
SB 97 by Sen.
John Albers (R-Woodstock) would require tax collectors or tax commissioners to notify delinquent taxpayers they have 30 days to pay. Tax officials would also have to perform thorough due diligence before executing a tax lien to get the correct address for the delinquent taxpayer if the notification of delinquency and need to pay were returned by the U.S. Postal Service as undeliverable.
Taxes – Electronic Notices
HB 49 by Rep.
Brett Harrell (R-Snellville) would allow taxpayers the option of receiving tax bills or delinquency notices electronically instead of by paper mail.
Taxes – Income and Sales Tax Revisions
HB 445 by Rep.
John Carson (R-Marietta) would significantly change the state’s tax code. It would lower the state income tax rate to 4 percent from 6 percent, increase the state sales tax from 4 percent to 5 percent, increase cigarette taxes, tax groceries and eliminate number of current business and personal tax exemptions. The unique method for bank taxation is not addressed in the bill although there were questions about that in the process leading up to the bill’s introduction.
Taxes – Manufactured Housing
HB 346 by Rep.
Dominic LaRiccia (R-Douglas) would change how taxes are imposed and collected on certain manufactured-housing structures. It would set the state sales and use tax on a the retail purchase or sale of a new manufactured single-family structure at the applicable state and local option tax rate on an amount equal to 60 percent of the manufacturer’s invoice amount.
Taxes – Property Maintenance (N)
HB 938 by Rep.
Brian Prince (D-Augusta) would establish that the purchaser of property at a tax sale is responsible for proper maintenance of the property during the period from the sale through the foreclosure of the right of redemption. If the property is redeemed by the original owner, the owner would pay reasonable costs incurred for maintenance during that period to the purchaser.
Taxes – Property Redemption and Confirmations
HB 81 by Rep.
Scot Turner (R-Holly Springs) would require confirmation of certain redemptions. It would also limit the amount of funds to which a creditor is entitled.
Taxes – Tax Execution Registry (N)
HB 912 by Rep.
Bruce Williamson (R-Monroe) would establish a state Tax Execution Registry where liens would be filed as opposed to county superior court offices.
Taxes – Transfer of Tax Executions
HB 653 by Rep.
Don Parsons (R-Marietta) would allow a delinquent taxpayer to transfer the execution of delinquency to another party for payment as a loan, which would give the other party priority lien status.
Uniform Commercial Code
HB 197 by Rep.
Mike Jacobs (R-Brookhaven) revises a number of provisions of the Uniform Commercial Code including the debtor and creditor section. Among the changes of interest are a new definition of a bank, revising the public sale language, renaming the Uniform Fraudulent Transfer Act as the Uniform Voidable Transactions Act, and providing a preponderance of evidence burden for a creditor making a claim for relief under the Act.
Utility Payments
HB 615 by Rep.
Keisha Waites (D-Atlanta) would require water and other utility providers to seek payment of unpaid charges from only the person who incurred such charges.
Vacant Structures Study Committee (N)
SR 1084 by Sen.
JaNice VanNess (R-Conyers) would create the Senate Study Committee on Vacant Structures to look into any changes needed in the laws already existing related to vacant structures. The resolution calls for a member of the Georgia Bankers Association to be appointed to the committee.
Resolutions and Banker Recognition
Dan Blanton Recognized (N)
HR 1073 by Reps.
Barbara Sims (R-Augusta),
Greg Morris (R-Vidalia) and
Chuck Williams (R-Watkinsville) honors former GBA Chairman Dan Blanton for his long service to the banking industry and as the current chairman of the American Bankers Association.
Wes Smith Honored (N)
SR 847 by Sen.
Jeff Mullis recognizes former GBA Chairman Wes Smith’s more than 50-year banking career and dedication to the northwest Georgia community, and it dedicates the intersection of U.S. Highway 41 and Georgia Highway 151 in downtown Ringgold as the L. Wesley Smith Memorial Intersection.