1 | 1 | | 25 LC 59 0088 |
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2 | 2 | | House Bill 292 |
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3 | 3 | | By: Representatives Jones of the 143 |
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4 | 4 | | rd |
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5 | 5 | | , McClain of the 109 |
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6 | 6 | | th |
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7 | 7 | | , Buckner of the 137 |
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8 | 8 | | th |
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9 | 9 | | , Mathiak |
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10 | 10 | | of the 82 |
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11 | 11 | | nd |
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12 | 12 | | , Neal of the 79 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, |
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18 | 18 | | 1 |
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19 | 19 | | relating to imposition, rate, computation, exemptions, and credits from income taxes, so as2 |
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20 | 20 | | to provide for the certification of certain employers as living wage employers; to provide for3 |
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21 | 21 | | definitions; to provide for a tax credit for such employers that employ individuals in new4 |
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22 | 22 | | living wage jobs for at least one year; to provide for conditions and limitations; to provide5 |
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23 | 23 | | for penalties; to provide for rules and regulations; to provide for related matters; to provide6 |
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24 | 24 | | for an effective date and applicability; to repeal conflicting laws; and for other purposes.7 |
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25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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26 | 26 | | SECTION 1.9 |
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27 | 27 | | Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to10 |
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28 | 28 | | imposition, rate, computation, exemptions, and credits from income taxes, is amended by11 |
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29 | 29 | | adding a new Code section to read as follows:12 |
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30 | 30 | | "48-7-40.37. |
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31 | 31 | | 13 |
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32 | 32 | | (a) As used in this Code section, the term:14 |
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33 | 33 | | (1) 'Employer' means an enterprise or organization, whether a corporation, partnership,15 |
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34 | 34 | | limited liability company, proprietorship, association, trust, business trust, real estate16 |
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35 | 35 | | H. B. 292 |
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36 | 36 | | - 1 - 25 LC 59 0088 |
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37 | 37 | | trust, or other form of organization, and its affiliates, which is registered and authorized17 |
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38 | 38 | | to use the federal employment verification system known as 'E-Verify' or any successor18 |
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39 | 39 | | federal employment verification system and is engaged in or carrying on any business19 |
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40 | 40 | | activities within this state.20 |
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41 | 41 | | (2) 'Living wage job' means employment which:21 |
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42 | 42 | | (A) Is located in this state;22 |
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43 | 43 | | (B) Involves a regular, full-time work week of 30 hours or more;23 |
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44 | 44 | | (C) Has no predetermined end date; and24 |
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45 | 45 | | (D) Pays at least $15.00 per hour.25 |
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46 | 46 | | (b)(1) Each employer with five or more employees who are all employed in living wage26 |
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47 | 47 | | jobs shall be eligible to apply to the Department of Community Affairs for certification27 |
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48 | 48 | | as a living wage employer.28 |
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49 | 49 | | (2) A living wage employer shall lose its certification if it employs fewer than three29 |
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50 | 50 | | individuals who are all employed in living wage jobs or if it employs an individual in any30 |
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51 | 51 | | position, whether full time or part time, for which such individual is paid less than $15.0031 |
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52 | 52 | | per hour.32 |
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53 | 53 | | (3) A living wage employer may advertise its status as a living wage employer.33 |
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54 | 54 | | (4) Each living wage employer shall report to the Department of Community Affairs if34 |
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55 | 55 | | at any time such living wage employer fails to meet the eligibility requirements for35 |
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56 | 56 | | certification as a living wage employer. A living wage employer that violates the36 |
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57 | 57 | | provisions of this paragraph may be suspended by the commissioner of community affairs37 |
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58 | 58 | | from the certification program and the tax credit created by this Code section for a period38 |
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59 | 59 | | of between one and five years.39 |
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60 | 60 | | (c) Each living wage employer shall be allowed an income tax credit in the amount of40 |
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61 | 61 | | $3,500.00 against the tax imposed under this article for each individual who is first hired41 |
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62 | 62 | | by such living wage employer on or after January 1, 2026, and who is employed42 |
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63 | 63 | | continuously by such living wage employer in a living wage job for one year, provided that43 |
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64 | 64 | | H. B. 292 |
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65 | 65 | | - 2 - 25 LC 59 0088 |
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66 | 66 | | such living wage employer remains certified as a living wage employer at the time such a44 |
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67 | 67 | | living wage employer claims the credit allowed by this subsection.45 |
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68 | 68 | | (d)(1) A living wage employer shall only be eligible to receive the credit provided for46 |
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69 | 69 | | in subsection (c) of this Code section once per individual.47 |
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70 | 70 | | (2) In no event shall the credit provided for in subsection (c) of this Code section for a48 |
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71 | 71 | | taxable year exceed the living wage employer's income tax liability. Any unused portion49 |
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72 | 72 | | of the credit provided for in subsection (c) of this Code section shall be permitted to be50 |
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73 | 73 | | carried forward and applied to such living wage employer's tax liability for the51 |
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74 | 74 | | subsequent three years. The credit provided for in subsection (c) of this Code section52 |
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75 | 75 | | shall not be applied against such living wage employer's prior years' tax liabilities.53 |
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76 | 76 | | (e) The commissioner and the commissioner of community affairs shall promulgate rules54 |
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77 | 77 | | and regulations and forms necessary to implement and administer the provisions of this55 |
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78 | 78 | | Code section."56 |
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79 | 79 | | SECTION 2.57 |
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80 | 80 | | This Act shall become effective on July 1, 2025, and shall be applicable to all taxable years58 |
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81 | 81 | | beginning on or after January 1, 2026.59 |
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82 | 82 | | SECTION 3.60 |
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83 | 83 | | All laws and parts of laws in conflict with this Act are repealed.61 |
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84 | 84 | | H. B. 292 |
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85 | 85 | | - 3 - |
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