06 LC 18
5562S
The
Senate Finance Committee offered the following substitute to HB
429:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 8 of the Official Code of Georgia Annotated, relating to buildings
and housing, and Title 48 of the Official Code of Georgia Annotated, relating to
revenue and taxation, so as to change certain provisions relating to housing
authorities; to change certain definitions relative to housing authorities; to
authorize a setoff of certain debts owed to public housing authorities; to
change certain provisions relating to definitions; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
8 of the Official Code of Georgia Annotated, relating to buildings and housing,
is amended in Code Section 8-3-3, relating to definitions relative to housing
authorities, by striking paragraph (13.1) and inserting in lieu thereof the
following:
"(13.1)
'Private enterprise agreement' means a contract between a housing authority and
a person or entity operating for profit for:
(A)
The management of a housing project;
(B)
The development of and the provision of credit enhancement with respect to a
housing project;
(C)
The ownership
or
operation of a housing project
through
by
the for profit entity in which the housing authority participates, either
directly or indirectly through a wholly owned subsidiary, for purposes of
facilitating the development, provision of credit enhancement, operation, or
management of such housing project in accordance with this
article;.
Such participation may involve ownership by the housing authority of an interest
in the housing project through the for profit entity, ownership by the housing
authority of the land on which the housing project is developed, or provision by
the housing authority of a combination of funds to the for profit entity for a
portion of the construction costs of the housing project and funds to the for
profit entity to subsidize the operating costs of units for persons of low
income to the extent such contract is designated as a private enterprise
agreement by the housing authority;
or
(D)
Any combination of any of the
foregoing."
SECTION
2.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended in Code Section 48-7-161, relating to definitions relative to the
setoff of debt collection, by striking paragraph (1) and inserting in its place
a new paragraph (1) to read as follows:
"(1)
'Claimant agency' means and includes, in the order of priority set forth
below:
(A)
The Department of Human Resources with respect to collection of debts under
Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section
49-4-15;
(B)
The Georgia Student Finance Authority with respect to the collection of debts
arising under Part 3 of Article 7 of Chapter 3 of Title 20;
(C)
The Georgia Higher Education Assistance Corporation with respect to the
collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title
20;
(D)
The State Medical Education Board with respect to the collection of debts
arising under Part 6 of Article 7 of Chapter 3 of Title 20;
(E)
The Department of Labor with respect to the collection of debts arising under
Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with
the exception of Code Sections 34-8-158 through 34-8-161; provided, however,
that the Department of Labor establishes that the debtor has been afforded
required due process rights by such Department of Labor with respect to the debt
and all reasonable collection efforts have been exhausted;
(F)
The Department of Corrections with respect to probation fees arising under Code
Section 42-8-34 and restitution or reparation ordered by a court as a part of
the sentence imposed on a person convicted of a crime who is in the legal
custody of the department;
(G)
The State Board of Pardons and Paroles with respect to restitution imposed on a
person convicted of a crime and subject to the jurisdiction of the board;
and
(H)
The Department of Juvenile Justice with respect to restitution imposed on a
juvenile for a delinquent act which would constitute a crime if committed by an
adult;
and
(I)
Public housing authorities with respect to the collection of debt related to
occupying public housing; provided, however, that the public housing authority
establishes that the debtor has been afforded required due process rights by the
public housing authority with respect to the debt and all reasonable collection
efforts have been exhausted. This subparagraph shall apply only to a debt owed
by an occupant of public housing who has moved from the
property."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.