HB 0059 |
Neutral | Income Tax Credits for Certified Historic Structures |
Ron Stephens |
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3/29/2018 |
House Disagreed Senate Amend or Sub |
Ways & Means |
Finance |
- |
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| This legislation changes the income tax credit for rehabilitation of historic structures. As amended in the Senate, this bill would increase the maximum the tax credit to $40 million in any year for a certified historic structure. The bill would prohibit the sale or transfer to other parties. |
HB 0093 |
Neutral | Sale and Use Tax Refunds - No Interest Payable |
John Corbett |
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3/29/2018 |
Senate Conference Committee Appointed 56th, 52nd, 30th |
Ways & Means |
Finance |
- |
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| This bill changes refund procedures for purchasers with a certificate or exemption letter from the state revenue commissioner. If the certificate has been obtained but not used prior to a purchase, any refund of sales tax is made without interest. Under present law, no interest is due on refunds only if a certificate had not been obtained and used prior to a purchase. As amended, this bill adds requirements for certain large purchasers who may directly pay sales tax rather than pay sales tax to their vendors. The Senate added the text of SB 378 (Measuring Success Act) and SB 432 (repeal of certain tax exemptions). |
HB 0149 |
Neutral | Requirement for Counties to Use Only GBI Approved Trauma Scene Cleanup Services and Consolidation of Fire Services |
Alan Powell |
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3/29/2018 |
Senate Disagreed House Amend or Sub |
Public Safety and Homeland Security |
Public Safety |
- |
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| This legislation preempts county and city governments from requiring licenses or permits for trauma scene waste management practitioners or regulated waste transporters. When hiring a company to cleanup or remove trauma scene waste, counties and cities must hire a company approved by the Georgia Bureau of Investigation. This bill was amended to include S.B. 319 which provides for the Consolidation of all Fire Services into a separate state agency. |
HB 0327 |
Support | Title Ad Valorem Tax on Vehicles - Amendments |
Jay Powell |
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3/27/2018 |
Senate Tabled |
Ways and Means |
Finance |
- |
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| 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 0381 |
Support | Abandoned Mobile Homes - Method for Removal |
John Corbett |
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5/1/2019 |
Effective Date |
Judiciary |
Judiciary |
- |
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| This legislation establishes a process whereby private property owners can have abandoned mobile homes removed from their land. Local governments may elect to provide a qualified "local agent" to make a determination, at the request of a property owner, whether a mobile home is abandoned, derelict or intact. If deemed abandoned, the local government posts a notice, then the property owner notifies the last known mobile home owner (or posts a legal notice if no responsible party can be ascertained), which begins a process whereby the property owner can pay for the removal of the mobile home. A hearing procedure is provided in magistrate court for aggrieved mobile home owners in this process. Neither the local government nor the local agent shall bear any liability with respect to any lawful actions taken under this law. Action: counties wishing to participate must first appoint a qualified local agent. |
HB 0489 |
Neutral | Georgia Procurement Registry - Require Posting |
Tom McCall |
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7/1/2018 |
Effective Date |
Governmental Affairs |
Economic Development and Tourism |
- |
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| This bill requires cities and counties, if they are soliciting a bid or proposal opportunity for goods and services valued at $10,000 or more, or public works contracts for over $100,000, to post the advertisement on the Georgia Procurement Registry at no cost to the local government. It is then optional for the local government to advertise the bid or proposal opportunity in the legal organ or their website. Action: the above notices must be posted on the Georgia Procurement Registry. |
HB 0692 |
Support | Deferred Compensation Plans - Automatic Enrollment |
Howard Maxwell |
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3/9/2018 |
Senate Read Second Time |
Retirement |
Retirement |
- |
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| This bill would allow municipalities to automatically enroll employees in deferred compensation plans and to pay certain plan costs. As amended in the Senate Finance Committee, counties would be included in such authorization. |
HB 0696 |
Neutral | Sales Tax Exemption - High Tech Data Centers |
Trey Kelley |
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1/1/2019 |
Effective Date |
Ways and Means |
Finance |
- |
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| This bill expands an existing sales and use tax exemption, applicable to both state and local sales tax, for the sale or lease of computer equipment or high-technology data center equipment incorporated or used in a high-technology data center. As amended in the Senate, to qualify for the exemption, a data center would be required to have an investment plan demonstrating a minimum investment over a ten-year period. There are tiered minimum investment thresholds depending on county population, with the threshold rising as population rises. |
HB 0703 |
Support | Creation of the Governor's Office of Public Safety Support |
Bill Hitchens |
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5/7/2018 |
Act 439 |
Public Safety and Homeland Security |
Public Safety |
- |
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| This legislation creates the Governor's Office of Public Safety Support which will provide peer to peer counseling for public safety officers who experience traumatic events. This office will be housed within the Department of Public Safety and will be staffed by employees of the department. The legislation is contingent on funding. |
HB 0751 |
Support | 911 Legislation - Georgia Emergency Communications Authority Act |
Alan Powell |
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7/1/2018 |
Effective Date |
Public Safety and Homeland Security |
Public Safety |
- |
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| This legislation is similar to 911 legislation passed last year. It increases the prepaid fee to $1.50, eliminates cost recovery, and reduces the administrative fee retained by the providers from 3 percent to 1 percent. Please click here for a detailed summary by section. Please click here for talking points. |
HB 0769 |
Support | Recommendations on Healthcare from House Rural Development Council |
Rick Jasperse |
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|
7/1/2018 |
Effective Date |
Health and Human Services |
Health and Human Services |
- |
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| This legislation requires that all plans administered by the State of Georgia to streamline and expedite the credentialing and billing processes for providers and establishes the Rural Center for Health Care Innovation and Sustainability within the State Office of Rural Health. The bill also provides for the creation of micro-hospitals which have two to seven beds in a rural community which provide services seven days a week and 24 hours per day to stabilize patients. Finally the legislation provides for a grant program to offset the costs of insurance for physicians who maintain a practice in medically underserved areas of the state. |
HB 0779 |
Neutral | Creation of the Homeland Security Division of the Georgia Emergency Management Agency |
Alan Powell |
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7/1/2018 |
Effective Date |
Public Safety and Homeland Security |
Public Safety |
- |
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| This legislation creates the Board of Homeland Security to be administratively attached to the Georgia Emergency Management Agency. The purpose of the Board is to coordinate all homeland security activities. |
HB 0791 |
Negotiating | Sovereign Immunity - Waiver for Certain Claims against the State |
Chuck Efstration |
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3/27/2018 |
Senate Tabled |
Judiciary |
Judiciary |
- |
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| Following recommendations of the Governor's Court Reform Council and in response to several recent Georgia Supreme Court decisions, this bill would allow for a limited waiver of the state's sovereign immunity so as to allow lawsuits against the state for injunctions and/declaratory judgments where a state law is alleged to be unconstitutional. As amended in House committee, the substance of HB 674 was added to this bill, waiving county and city sovereign immunity for injunctive/declaratory relief for allegations that the local government has violated a constitutional provision, statute, state rule/regulation, or local ordinance. Immunity would still apply to any related monetary damages. The amended version also permits direct appeals of trial court orders ruling that immunity does not apply to a claim (from HB 256). A substitute version approved by the Senate Judiciary Committee removes local governments from the scope of this bill but retains the direct-appeal authorization. |
HB 0792 |
Support | Reauthorize Hazardous Waste Trust Fund / Increase in Landfill Host Fee |
Terry Rogers |
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|
6/30/2018 |
Effective Date |
Ways and Means |
Natural Resources and the Environment |
- |
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| This legislation renews the fees that make up the Hazardous Waste Trust Fund (HWTF) for one year, from July 1, 2018 to July 1, 2019. Most of the fees come from the state’s 75-cent per-ton tipping fee on solid waste going into Georgia’s landfills – a fee counties pay if they own/operate landfills.
This legislation also includes language to increase the state’s minimum local solid waste cost reimbursement (host) fee from $1 to $2.50 per ton on waste going to privately owned landfills. The $1 minimum fee has been in existence since 1992 and for the past ten years, ACCG has included in our policy platform a request for the host fee to increase. ACCG was supportive of the efforts led by Sen. Burt Jones to increase this fee.
Details:
- Host fee minimum increases from $1 to $2.50 per ton but not effective until July 1, 2019. This increase only applies to a municipal solid waste disposal facility that is owned by a private entity.
- Coal ash minimum fee is $1 per ton until 2025 when it will then increase to the $2 per ton minimum fee.
- Inert waste, construction and demolition waste minimum is $1 per ton.
- All of these fees are the minimum, not the ceiling. Counties can negotiate host fees, other fees and charges above the minimum. No host fees are to be reduced if they are in existence on July 1, 2019.
- 50% of the host fee collected shall be used for these purposes:
- To offset the impact of the facility
- Public education efforts
- Cost of solid waste management
- Administration of the local/regional solid waste management plan
- Repair of damage to roads and highways associated with the facility
- Enhancement of litter control programs
- Ground-water and air monitoring and protection
- Remediation and monitoring of closed or abandoned facilities
- Infrastructure improvements associated with the facility
- Reserve fund allocation
- Acquisition of property adjacent or in reasonable proximity to the facility to serve as beautification, environmental, buffering or recreational purposes
- Fees not used for the above purposes (the remaining 50%) can be used for other governmental expenses.
|
HB 0834 |
Support | Allows Termination of Rental or Lease Agreement in Circumstances of Family Violence |
Mandi Ballinger |
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|
7/1/2018 |
Effective Date |
Judiciary |
Judiciary |
- |
|
|
| This legislation requires that landlords allow tenant who are victims of family violence to terminate their lease or rental agreements. |
HB 0886 |
Support | Sales Tax Exemptions - Revision of Agricultural Exemption/GATE Program |
Sam Watson |
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5/3/2018 |
Effective Date |
Agriculture and Consumer Affairs |
Agriculture and Consumer Affairs |
- |
|
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| This bill makes several changes to the GATE program: 1) increases the sales and operations thresholds from $2,500.00 to $5,000.00; 2) includes livestock as an agricultural product; 3) provides additional requirements for applicants who apply and provide IRS Form 1120 or 1120(s); requires the agriculture commissioner to get a taxpayer's valid state tax identification number prior to issuing an exemption certificate; 4) provides for 3 year duration of new exemption certificates for a fee of $150.00 and an annual wallet sized card showing the certificate is in effect for the current year; 5) provides for new procedures for suspension or revocation of the certificate for unlawful use; 6) authorizes DOR and the Department of Agriculture to share confidential tax information for program compliance purposes; and 7) requires the Department of Agriculture to prepare an annual report for the chairs of House Ways and Means and Senate Finance committees. |
HB 0887 |
Oppose | Wireless Industry Preemption of Local Management of Public Right of Way |
Jay Powell |
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|
3/27/2018 |
Senate Passed/Adopted By Substitute |
Ways and Means |
Regulated Industries and Utilities |
- |
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|
| 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 0888 |
Neutral | Freeport Exemptions - Changes to Application and Reporting Process |
David Knight |
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5/8/2018 |
Effective Date |
Ways and Means |
Finance |
- |
|
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| This bill changes the procedures for obtaining Freeport Exemptions from ad valorem taxes by: 1) requiring the use of a summary as prescribed by the Department of Revenue instead of a complete schedule of inventory; 2) providing that if the county board of tax assessors fails to issue a denial letter within 180 days after receiving the freeport application, the exemption is granted; 3) granting the exemption for the assembly of finished parts; and 4) providing that an exemption application is timely if postmarked by the date on which the local government "closes the book" on annual property tax returns. |
HB 0899 |
Neutral | Public Works Bids - Alter Grounds by Which a Bidder Can be Disqualified |
Dominic Lariccia |
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|
5/3/2018 |
Effective Date |
Governmental Affairs |
Economic Development and Tourism |
- |
|
|
| The legislation amends the public works bidding laws, stating that bidders cannot be disqualified from sealed, competitive bid/proposal public works contracts simply because they lack previous experience with the "construction delivery method" to be used for the job which is being sought. Previously, counties could automatically reject such bids. |
HB 0930 |
Support | Transit Governance and Funding |
Kevin Tanner |
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|
5/3/2018 |
Effective Date |
Transportation |
Transportation |
- |
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This bill provides for transit governance and funding options for the Metro Atlanta region (a designated nonattainment area currently consisting of Cherokee, Clayton, Coweta, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale counties) and the rest of the state.
The Atlanta-region Transit Link (ATL) Authority is a new regional governing board that will lead the planning and coordination of transit in the Metro Atlanta region and will control state and federal transit funding. Counties in the Metro Atlanta area would be able to call for a referendum to levy a Transit SPLOST up to 1% (and may be in .05% increments) for up to 30 years. The county and all qualified municipalities may select transit projects for the county from the regional transit plan. The ATL Authority shall approve or deny any or all projects within a submitted transit project list and the proposed operator of any transit projects. Lastly, counties outside of Metro Atlanta who partner with a neighboring county have the option to levy up to 1% (and may be in .05% increments) for up to 30 years. Each county planning to participate in the selected transit project or projects shall enter into intergovernmental agreements. The referendum must pass both counties for the tax to be imposed. A more detailed analysis of the bill can be found here.
|
HB 0995 |
Neutral | Procurement - Consultants for Local Government Bids/Purchases Must Disclose Conflicts of Interest |
Mark Newton |
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|
5/8/2018 |
Veto V15 |
Governmental Affairs |
Economic Development and Tourism |
- |
|
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| This bill requires consultants who develop or draft specifications or requirements for a solicitation for local governments on bids, requests for proposals, procurement orders or purchasing orders to disclose any potential conflicts of interest they may have when contracting for goods and services for the local government. Furthermore, the consultant shall avoid conflicts during the process; shall not be involved in submitting a bid or proposal; maintain confidentiality; avoid sharing protected information; avoid contact with suppliers participating in the solicitation process; ensure all working documents remain the property of the local government; and cannot work on the awarded project until the termination of the local government agreement. |
SB 0017 |
Support | Sunday Brunch Alcohol Sales |
Renee Unterman |
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|
5/8/2018 |
Act 461 |
Regulated Industries |
Regulated Industries and Utilities |
- |
|
|
| This bill authorizes cities and counties, in which the sale of alcoholic beverages for consumption on premises is already lawful on Sunday from 12:30 p.m. to 12:00 midnight, to allow said sale from 11:00 a.m. to 12:00 midnight if the county adopts an ordinance or resolution and the voters so approve via a referendum. Counties wishing to have this approved by the November 6, 2018 election should pass their ordinances by July 31st in order to provide their elections superintendents to prepare the proper materials ready and distributed to notify the public by August 4, 2018. |
SB 0081 |
Support | State Health Officer Allow Certain Persons and Entities Access to Opiod Antagonists |
Renee Unterman |
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|
3/15/2018 |
House Committee Favorably Reported By Substitute |
Health & Human Services |
Health and Human Services |
- |
|
|
| This legislation enacts the Jeffrey Dallas Gay, Jr., Act, which allow the state health officers to allow certain persons and entities to obtain opioid antagonists and administer to persons believed to have overdosed on opioids. |
SB 0324 |
Neutral | County - City Bridge Contracts |
John Albers |
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|
5/7/2018 |
Act 437 |
Transportation |
Transportation |
- |
|
|
| This legislation clarifies that a city may contract with any county abutting its corporate limits for the construction and maintenance of a bridge within the limits of both such city and county. |
SB 0342 |
Neutral | Elimination of the Requirement that Law Enforcement take Custody of a Vehicle Without Valid License Plate |
Marty Harbin |
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|
5/8/2018 |
Veto V20 |
Motor Vehicles |
Public Safety |
- |
|
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| This legislation eliminates the requirement of law enforcement take custody of a vehicle that does not have a valid vehicle registration and allows the owner to present proof of payment or possession of the required decal. |