Georgia 2023-2024 Regular Session

Georgia House Bill HB308 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 50 0820S
	1	+	23 LC 43 2813S
	2	+	- 1 -
2	3		The Senate Committee on Finance offered the following
3	4		substitute to HB 308:
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to1
7	8		income taxes, so as to revise a tax credit for certain medical preceptor rotations; to add2
8	9		dentistry; to increase the value of the tax credit; to revise definitions; to provide for an3
9		-	aggregate annual cap; to ~~extend the sunset provision~~ for ~~such tax credit~~; to ~~provide for related4~~
10		-	matters; to provide for an ~~effective date and applicability; to repeal conflicting laws; and for5~~
11		-	other purposes.6
	10	+	aggregate annual cap; to provide for an application and preapproval process; to extend the4
	11	+	sunset provision for such tax credit; to provide for related matters; to provide for an effective5
	12	+	date and applicability; to repeal conflicting laws; and for other purposes.6
12	13		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
13	14		SECTION 1.8
14	15		Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes,9
15	16		is amended by revising Code Section 48-7-29.22, relating to tax credits for certain medical10
16	17		preceptor rotations, as follows:11
17	18		"48-7-29.22.12
18	19		(a) As used in this Code section, the term:13
19	20		(1) 'Advanced practice registered nurse student' means an individual participating in a14
20		-	training program in this state that is accredited by a nationally recognized accrediting15
21		-	- ~~1 - 24 LC 50 0820S~~
	21	+	training program in this state that is accredited by a nationally recognized accrediting15 23 LC 43 2813S
	22	+	- 2 -
22	23		body for advanced practice registered nursing programs for the training of individuals to16
23	24		become advanced practice registered nurses as defined in Code Section 43-26-3.17
24	25		(2) 'Community based faculty preceptor' means an individual who is a physician as18
25	26		defined in Code Section 43-34-21, a licensed dentist as defined in Code Section 43-11-1,19
26	27		an advanced practice registered nurse as defined in Code Section 43-26-3, or a physician20
27	28		assistant as defined in Code Section 43-34-102 and who is licensed as such by this state.21
28	29		(3) 'Medical student' means an individual participating in a training program in this state22
29	30		that is approved by the Georgia Composite Medical Board for the training of doctors of23
30	31		medicine or doctors of osteopathic medicine or by the Georgia Board of Dentistry for the24
31	32		training of dentists.25
32	33		(4) 'Physician assistant student' means an individual participating in a training program26
33	34		in this state that is approved by the Georgia Composite Medical Board for the training of27
34	35		individuals to become physician assistants as defined in Code Section 43-34-102.28
35	36		(5) 'Preceptorship rotation' means a period of preceptorship training of one or more29
36	37		medical students, physician assistant students, or advanced practice registered nurse30
37	38		students that in aggregate totals 160 hours.31
38	39		(6) 'Preceptorship training' means uncompensated community based training of a medical32
39	40		student, advanced practice registered nurse student, or physician assistant student33
40	41		matriculating in a training program in Georgia.34
41	42		(b)(1) A community based faculty preceptor shall be allowed a credit against the tax35
42	43		imposed by Code Section 48-7-20 if he or she conducts a preceptorship rotation.36
43	44		(2) Such credit shall be accrued on a per preceptorship rotation basis in the amount of37
44	45		$500.00 for the first, second, or third preceptorship rotation and $1,000.00 for the fourth,38
45	46		fifth, sixth, seventh, eighth, ninth, or tenth $1,000.00 for each preceptorship rotation39
46	47		completed in one calendar year by a community based faculty preceptor who is a40
47	48		physician as defined in Code Section 43-34-21 or a licensed dentist as defined in Code41
48		-	Section 43-11-1 and $375.00 for the first, second, or third preceptorship rotation and42
49		-	- ~~2 - 24 LC 50 0820S~~
	49	+	Section 43-11-1 and $375.00 for the first, second, or third preceptorship rotation and42 23 LC 43 2813S
	50	+	- 3 -
50	51		$750.00 for the fourth, fifth, sixth, seventh, eighth, ninth, or tenth $750.00 for each43
51	52		preceptorship rotation completed in one calendar year by a community based faculty44
52	53		preceptor who is an advanced practice registered nurse as defined in Code Section45
53	54		43-26-3 or a physician assistant as defined in Code Section 43-34-102.46
54	55		(3) An individual shall not accrue credit for more than ten preceptorship rotations in one47
55	56		calendar year.48
56		-	(4) On and after January 1, 2025, the aggregate amount of tax credits allowed pursuant49
57		-	to this Code section shall not exceed $6 million for any calendar year.50
58		-	(c)(1) A community based faculty preceptor shall not be eligible to earn hours credited51
59		-	toward preceptorship training if he or she has not registered with the state-wide Area52
60		-	Health Education Centers (AHEC) Program Office at Augusta University.53
61		-	(2) The AHEC Program Office at Augusta University shall administer the Preceptor Tax54
62		-	Incentive Program established pursuant to this Code section and certify preceptorship55
63		-	rotations for the department on behalf of all eligible public and private training programs56
64		-	for medicine, osteopathic medicine, dentistry, advanced practice nursing, and physician57
65		-	assistant at institutions in this state for the department.58
66		-	(d) To receive the credit allowed by this Code section, a community based faculty59
67		-	preceptor shall claim such credit on his or her return for the tax year in which he or she60
68		-	completed the preceptorship rotation; shall certify that he or she did not receive payment61
69		-	during such tax year from any source for the training of a medical student, advanced62
70		-	practice registered nurse student, or physician assistant student; and shall submit supporting63
71		-	documentation as prescribed by the commissioner.64
72		-	(e) In no event shall the total amount of the tax credit under this Code section for a taxable65
73		-	year exceed the taxpayer's income tax liability. No such tax credit shall be allowed the66
74		-	taxpayer against prior or succeeding years' tax liability.67
75		-	(f)(1) On August 1, 2020, and annually thereafter, the commissioner and the AHEC68
76		-	Program Office at Augusta University shall issue a report to the Governor, the69
77		-	- 3 - 24 LC 50 0820S
78		-	chairperson of the Senate Finance Committee, and the chairperson of the House70
79		-	Committee on Ways and Means concerning the tax credit created by this Code section.71
80		-	(2) Such report shall include, for the prior calendar year, the:72
81		-	(A) Number of community based faculty preceptors claiming a credit;73
82		-	(B) Total number of preceptorship rotations completed;74
83		-	(C) Number of medical students, advanced practice registered nurse students, and75
84		-	physician assistant students who participated in a preceptorship rotation; and76
85		-	(D) Total amount of credits awarded pursuant to this Code section.77
86		-	(g) The commissioner shall be authorized to promulgate any rules and regulations78
87		-	necessary to implement and administer the provisions of this Code section.79
88		-	(h) This Code section shall stand repealed by operation of law at the last moment of80
89		-	December 31, 2026 2029."81
90		-	SECTION 2.82
91		-	This Act shall become effective on January 1, 2025, and shall be applicable to all taxable83
92		-	years beginning on or after January 1, 2025.84
93		-	SECTION 3.85
94		-	All laws and parts of laws in conflict with this Act are repealed.86
	57	+	(c)(1) A community based faculty preceptor shall not be eligible to earn hours credited49
	58	+	toward preceptorship training if he or she has not registered with the state-wide Area50
	59	+	Health Education Centers (AHEC) Program Office at Augusta University.51
	60	+	(2) The AHEC Program Office at Augusta University shall administer the Preceptor Tax52
	61	+	Incentive Program and certify preceptorship rotations for the department on behalf of all53
	62	+	eligible public and private training programs for medicine, osteopathic medicine,54
	63	+	dentistry, advanced practice nursing, and physician assistant at institutions in this state55
	64	+	for the department.56
	65	+	(d) To receive the credit allowed by this Code section, a community based faculty57
	66	+	preceptor shall claim such credit on his or her return for the tax year in which he or she58
	67	+	completed the preceptorship rotation which was preapproved in accordance with subsection59
	68	+	(g.1) of this Code section; shall certify that he or she did not receive payment during such60
	69	+	tax year from any source for the training of a medical student, advanced practice registered61
	70	+	nurse student, or physician assistant student; and shall submit supporting documentation62
	71	+	as prescribed by the commissioner.63
	72	+	(e) In no event shall the total amount of the tax credit under this Code section for a taxable64
	73	+	year exceed the taxpayer's income tax liability. No such tax credit shall be allowed the65
	74	+	taxpayer against prior or succeeding years' tax liability.66
	75	+	(f)(1) On August 1, 2020, and annually thereafter, the commissioner and the AHEC67
	76	+	Program Office at Augusta University shall issue a report to the Governor, the68 23 LC 43 2813S
95	77		- 4 -
	78	+	chairperson of the Senate Finance Committee, and the chairperson of the House69
	79	+	Committee on Ways and Means concerning the tax credit created by this Code section.70
	80	+	(2) Such report shall include, for the prior calendar year, the:71
	81	+	(A) Number of community based faculty preceptors claiming a credit;72
	82	+	(B) Total number of preceptorship rotations completed;73
	83	+	(C) Number of medical students, advanced practice registered nurse students, and74
	84	+	physician assistant students who participated in a preceptorship rotation; and75
	85	+	(D) Total amount of credits awarded pursuant to this Code section.76
	86	+	(g) The commissioner shall be authorized to promulgate any rules and regulations77
	87	+	necessary to implement and administer the provisions of this Code section.78
	88	+	(g.1) On and after January 1, 2024:79
	89	+	(1) The aggregate amount of tax credits allowed pursuant to this Code section shall not80
	90	+	exceed $3 million for any calendar year;81
	91	+	(2) Each year, any individual who believes that he or she will be eligible for the tax82
	92	+	credit allowed by this Code section may apply to the commissioner for preapproval of a83
	93	+	specified number of preceptorship rotations for such tax credit. Such individuals shall84
	94	+	file the application in the method and manner established by the commissioner, which85
	95	+	shall require each individual to certify to the commissioner that he or she is a community86
	96	+	based faculty preceptor and that he or she expects to meet the conditions of this Code87
	97	+	section for the year in which the application is filed, as well as the number of88
	98	+	preceptorship rotations applied for;89
	99	+	(3) The commissioner shall accept and review all applications and shall notify applicants90
	100	+	whether, for the given year, they are preapproved to claim the tax credit allowed by this91
	101	+	Code section or that their application to claim such tax credit was denied. The92
	102	+	commissioner shall issue preapprovals on a first come, first served basis and until the93
	103	+	aggregate cap for the year has been fully preapproved; and94 23 LC 43 2813S
	104	+	- 5 -
	105	+	(4) No taxpayer shall claim the tax credit allowed under this Code section for any year95
	106	+	unless he or she has been preapproved by the commissioner and has satisfied the96
	107	+	conditions required in this Code section for the taxable year for which the tax credit is97
	108	+	claimed.98
	109	+	(h) This Code section shall stand repealed by operation of law at the last moment of99
	110	+	December 31, 2023 2026."100
	111	+	SECTION 2.101
	112	+	This Act shall become effective on January 1, 2024, and shall be applicable to all taxable102
	113	+	years beginning on or after January 1, 2024.103
	114	+	SECTION 3.104
	115	+	All laws and parts of laws in conflict with this Act are repealed.105