Legislation Sponsored by Jay Powell (14)

Date of Last Recorded Action: 5/10/2019

HB 0061 SupportSales Tax on Internet and Out of State Retailers Jay Powell
1/1/2019 Effective Date Ways & Means Finance -
2017/02/10 - Report 2017/02/17-Report 2017/03/06 - Report 2017/03/24 - Report 2018/02/02 Report
Larry Ramsey Sales Tax-Local

This bill relates to the recurring issue of collecting sales tax on internet sales and other sales by out of state retailers. This bill creates a new vendor classification, 'delivery retailer', defined as a retailer that either collects more than $250,000.00 from retail sales to be delivered in Georgia or that conducts more than 200 such sales. A delivery retailer must 1) either collect and remit sales tax to the state or 2) notify the purchaser that the purchaser is required to file a sales and use tax return. In the second situation, the delivery retailer is also required to send to each purchaser (and copy the Department of Revenue) a tax statement listing purchase price, date of purchase, and other information. These changes would become effective in January of 2019.

HB 0062 SupportInternet and Out-of-State Retail Sales - Definition of "Dealer" and related Court Proceedings Jay Powell
1/24/2017 House Withdrawn, Recommitted Ways & Means --
Civil Procedure General County Government Government Immunity Larry Ramsey Revenue & Finance
Sales Tax-Local
This bill is a companion bill to HB 61. For sales tax purposes, the definition of "dealer" is amended to add two categories of retailers: 1) any retailer that obtains gross revenues of over $250,000 in a year from sales of tangible personal property (whether delivered physically or electronically) in Georgia, and 2) any retailer that conducts 200 or more such sales in a calendar year. The bill would authorize the Department of Revenue to bring court action to determine whether a company is a "dealer" as defined above, and would also authorize direct appeals of trial court decisions on that issue.
HB 0085 NeutralForest Land Conservation Valuation - Appraisal Methodology Jay Powell
1/1/2019 Effective Date Ways & Means Finance -
2017/01/27-Report 2017/02/03-Report 2017/02/24 - Report 2017/03/06 - Report 2018/02/23 Report
2018/03/23 Report Larry Ramsey Property Tax Revenue & Finance
The substitute version of this bill changes the method of valuation of forest land conservation property by uncoupling that valuation from 2008 values as existing law provides. Instead, the valuation would first change to 2016 values and then reset every 3 years thereafter. In addition, this bill creates a new appraisal methodology for valuation of non-covenant timberland property (defined as property with the primary purpose of commercial timber production).The Department of Revenue (DOR) will develop a methodology each year for valuing such property via actual income data for such properties. However, the resulting values could not be less than 175% of the corresponding FLPA value for that property. DOR is allowed to withhold 3 percent administrative fee from FLPA assistance grants to counties, cities, or school districts. The bill is contingent upon ratification of an enabling constitutional amendment, HR 51. Local assessors and taxpayers would have the right to appeal DOR's appraisal methodology.
HB 0225 OpposeSales and Use Taxes - Ride Share Networks Jay Powell
1/8/2018 Senate Recommitted Ways & Means Finance -
2017/02/03-Report 2017/03/06 - Report 2017/03/24 - Report Larry Ramsey Revenue & Finance
Sales Tax-Local
As originally introduced, this bill would have applied sales and use taxes to ride share networks (such as Uber) as well as limousine and taxi services. As amended in a Senate committee, however, HB 225 would exempt all such ride services from sales and use taxes.
HB 0227 NeutralSales and Use Taxes - Direct Pay Permits Jay Powell
2/7/2017 House Second Readers Ways & Means --
2017/02/03-Report Larry Ramsey Revenue & Finance Sales Tax-Local
 This bill adds new requirements for refunds of state and local sales and use taxes where overpayment of tax is made pursuant to a direct payment permit issued by the Department of Revenue. This bill further defines direct pay permits and requires the Department of Revenue to establish rules for direct pay permits for certain large taxpayers. The direct pay program allows such taxpayers to retain and directly pay to DOR sales and use taxes, rather than making such tax payments to vendors. This bill is intended to change existing DOR rules on direct pay permits.
HB 0327 SupportTitle Ad Valorem Tax on Vehicles - Amendments Jay Powell
3/27/2018 Senate Tabled Ways and Means Finance -
2017/02/17-Report 2018/02/09 Report 2018/02/16 Report 2018/02/23 Report 2018/03/16 Report
2018/03/23 Report Larry Ramsey Property Tax Revenue & Finance

The text of this bill was added to HB 329 and adopted, effective July 1, 2019. This bill would make several changes to the calculation and distribution of title ad valorem tax (TAVT). Rather than the current law which provides for annual adjustment of the state/local split based on prior year collections, local governments will continue to collect ad valorem taxes on pre-2013 vehicles. TAVT proceeds be split between the state and local governments on a 65/35 (state/local) basis. The local share would be distributed as follows: 1) for vehicles registered in unincorporated areas, 51% of the local proceeds would be paid to the county and 49% to the school system; and 2) for vehicles registered in incorporated areas, 49% would be paid to the school system, 28% to the county, and 23% to the city. There are also provisions to accommodate MARTA in the three counties in which MARTA sales tax is collected. 

As adopted, the formula for calculating TAVT on used cars is unchanged. The TAVT rate for out-of-state registrations is lowered from 7% to 3%. Certain minor changes are also included, such as no longer charging full TAVT when a vehicle is retitled as a result of a divorce from one spouse to the other.

HB 0329 SupportTitle Ad Valorem Tax - Revisions Jay Powell
7/1/2019 Effective Date Ways & Means Finance -
 As originally introduced, this bill dealt only with lowering the top state income tax rate. As amended at the close of the 2018 session, the language of HB 327 was substituted, dealing with changes to the Title Ad Valorem Tax (TAVT) system. For more information, see the description of HB 327.
HB 0772 NeutralCamilla, City of; provide new charter Jay Powell
5/3/2018 Effective Date Intragovernmental Coordination State and Local Governmental Operations -
Local Legislation
HB 0811 SupportInformation Sharing with Tax Collection Agencies Jay Powell
5/3/2018 Effective Date Ways and Means Finance -
2018/02/09 Report 2018/02/16 Report 2018/03/09 Report 2018/03/2 Report Larry Ramsey
Revenue & Finance Sales Tax-Local
This bill authorizes the Department of Revenue to contract with data companies for the purpose of identifying taxpayers who are not complying with requirements to collect and remit state and local sales taxes. Such vendors would be required to maintain the confidentiality of any taxpayer-specific records used in providing these services.
HB 0887 OpposeWireless Industry Preemption of Local Management of Public Right of Way Jay Powell
3/27/2018 Senate Passed/Adopted By Substitute Ways and Means Regulated Industries and Utilities -
2018/02/09 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report Broadband
Business and Occupation Tax Econ. Dev. & Transportation Economic Development Emergency Management/Preparedness Eminent Domain/Condemnation
Franchise Fees General County Government Larry Ramsey Public Safety and Courts Revenue & Finance
Roads Sales Tax-Local Todd Edwards

While this bill began, constructively, as a rural broadband bill, the Senate Regulated Industries Committee stripped and replaced it with the language of SB 426.  This wireless industry legislation guarantees authorization for wireless providers to construct and place poles (50' high), antennas (up to 6 cubic feet in volume and 10' higher than poles), equipment boxes (up to 25 cubic feet in volume), plus up to 4 cabinets (undefined size) and other infrastructure in county and city right of way (ROW).  Local government management of the above is all but entirely usurped; the grounds by which applications can be denied are few; denials are primed to result in litigation; and then locals are set up to lose.  

ACCG has attempted to work with the wireless providers, legislators and other stakeholders since last year to try to incorporate safeguards into the legislation.  While some of our recommendations were made, most of these "concessions" are so wrought with legal loopholes that their purported purpose has been nullified. 

For ACCG's concerns with (and suggestions for) this bill and SB 426, please click here.  

HB 1057 NeutralPelham, City of; levy an excise tax Jay Powell
5/8/2018 Effective Date Intragovernmental Coordination State and Local Governmental Operations -
Economic Development Hotel Motel Tax Local Legislation Tourism
HR 0051 NeutralForest Land Conservation Valuation - Constitutional Amendment Jay Powell
5/2/2018 Effective Date Ways & Means Finance -
2017/01/27-Report 2017/02/03-Report 2017/02/24 - Report 2017/03/06 - Report 2018/03/23 Report
Larry Ramsey Property Tax Revenue & Finance
 This enabling constitutional amendment removes from the constitution the existing method of valuation of forest land conservation use (also known as FLPA property), which is tied to 2008 fair market valuation. Instead, such valuations would be updated every three years. Additional FLPA grants over a four-year period would be available to offset local government funding losses as a result of this valuation change. Additionally, this constitutional amendment also would create commercial timberland property as a separate class of property, which in turn would allow for different assessment of such property. It also allows DOR to withhold an administrative fee from FLPA grants for purposes of administering this new assessment process.The constitutional amendment, if ratified by the voters, will be implemented by HB 85.
HR 0158 SupportTrust Funds - Authorize General Assembly to Create Truly Dedicated Fees Via Statute Jay Powell
2/15/2018 Senate Read and Referred Ways & Means Appropriations -
2018/01/26 Report 2018/02/16 Report Appropriations Revenue & Finance Todd Edwards
This proposed constitutional amendment authorizes the General Assembly to establish, by statute, true and dedicated trust funds whereby fees collected for a specific purpose (e.g. Hazardous Waste Trust Fund, Solid Waste Trust Fund, Joshua's Law, etc.) must actually go to that purpose rather than be redirected to the state's General fund.  Said fees would sunset within 10 years of their establishment, unless reauthorized; would require a 2/3rds majority of both the House and Senate to pass; could be redirected in a Governor's declared financial emergency; and could be redirected with a majority vote of both the House and Senate.             
HR 1089 SupportMarketplace Fairness Act Jay Powell
3/7/2018 House Passed/Adopted Ways and Means --
Larry Ramsey Revenue & Finance Sales Tax-Local
This resolution urges Congress to adopt the Marketplace Fairness Act, which would create a uniform, nationwide standard for the collection and payment of sales taxes to the states by out-of-state retailers.
Green background on status indicates a bill has been acted on the last recorded legislative day.








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