GOVERNMENT FINANCE OFFICERS ASSOCIATION

GOVERNMENT RELATIONS/STRATEGIC PLANNING COMMITTEE

2019 GEORGIA LEGISLATIVE REPORT

MARCH 5, 2019

2019 – 2020 LEGISLATIVE SESSION

Prepared by:

Peter K. Floyd, Esq. Partner (Development Incentives, Energy, Infrastructure & Public Finance) Alston & Bird LLP One Atlantic Center 1201 W. Peachtree Street Atlanta, Georgia 30309 404.881.4510 [email protected] HOUSE BILLS

HB 34 – Local government; taxpaying business owners to be appointed to development authorities; provide

Representatives: (D), 77th District (D), 74th District (D,) 63rd District (D), 75th District (D), 60th District

House Committee: Governmental Affairs

Senate Committee:

First Reader A BILL to be entitled an Act to amend Code Section 36-62-5 of the Official Code Summary: of Georgia Annotated, relating to development authorities directors, officers, compensation, adoption of bylaws, delegation of powers and duties, conflicts of interest, and audits, so as to provide for taxpaying business owners to be appointed to development authorities; to provide for removal of directors from development authorities; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: January 29, 2019 – House Second Readers

HB 65 – County special purpose local option sales tax; add that certain payments to cloud based software services may be funded

Representatives: Eddie Lumsden (R), 12th District Brett Harrell (R), 106th District (R), 16th District (R), 121st District Robert Trammell (D), 132nd District

House Committee: Ways & Means

Senate Committee:

First Reader BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 Summary: of the Official Code of Georgia Annotated, relating to county special purpose local option sales tax, so as to add that certain payments to cloud based software services may be funded; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Current Status: January 30, 2019 – House Second Readers

LEGAL02/38722912v1 HB 184* – Streamlining Wireless Facilities and Antennas Act; enact

Representatives: Brett Harrell (R), 106th District Jay Powell (R), 171st District (R), 116th District Bruce Williamson (R), 115th District

House Committee: Economic Development & Tourism

Senate Committee: Regulated Industries and Utilities

First Reader A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local Summary: government, so as to enact the "Streamlining Wireless Facilities and Antennas Act"; to streamline the deployment of wireless broadband in the public rights of way; to address any perceived conflicts between this Act and Chapter 66B of Title 36; to provide that nothing in this Act relieves any person of any duties provided for in Chapter 9 of Title 25; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Current Status: February 15, 2019 - Senate Read and Referred February 14, 2019 - House Passed/Adopted By Substitute

HB 208* – Local government; contracts for utility services; change the terms

Representatives: Tom McCall (R), 33rd District (R), 69th District Robert Trammell (D), 132nd District (R), 133rd District (D), 42nd District Barry Fleming (R), 121st District

House Committee: Energy, Utilities & Telecommunications

Senate Committee: Regulated Industries and Utilities

First Reader A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, Summary: relating to local government, so as to change the terms for contracts for utility services; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: February 26, 2019 – Senate Read and Referred February 25, 2019 - House Passed/Adopted

2 LEGAL02/38722912v1 HB 243 – Public utilities and public transportation; limitations on fees that may be charged for installation of telephone facilities; provide

Representatives: (R), 27th District (R), 44th District Ron Stephens (R), 164th District (R), 30th District (R), 149th District

House Committee: Energy, Utilities & Telecommunications

Senate Committee:

First Reader A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, Summary: relating to public utilities and public transportation, so as to provide limitations on fees that may be charged for installation of telephone facilities; to provide for the due compensation to be paid to municipal authorities by telephone companies that do not have certain end user customers; to revise terminology for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Current Status: February 13, 2019 - House Second Readers

HB 244 – Electric membership corporations; comply with certain requirements in determining the rates for attachments to utility poles by communications service providers; require

Representatives: Ron Stephens (R),164th District Brett Harrell (R), 106th District (D), 135th District Don Parsons (R), 44th District (R), 150th District (R), 11th District

House Committee: Economic Development & Tourism

Senate Committee:

First Reader A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 3 of Title 46 of the Summary: Official Code of Georgia Annotated, relating to corporate purposes and powers of electric membership corporations, so as to require electric membership corporations to comply with certain requirements in determining the rates for attachments to utility poles by communications service providers; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: February 21, 2019 - House Committee Favorably Reported By Substitute

3 LEGAL02/38722912v1 HB 315 – Local government; certain agreements from consultants who enter into contracts or arrangements to prepare or develop requirements for bids; provide

Representatives: (R),123rd District (R), 152nd District Jon Burns (R), 159th District Jan Jones (R), 47th District Matt Hatchett (R), 150th District

House Committee: Governmental Affairs

Senate Committee:

First Reader A BILL to be entitled an Act to amend Article 1 of Chapter 80 of Title 36 of the Official Summary: Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide for certain agreements from consultants who enter into contracts or arrangements with counties, municipalities, and other local governmental entities to prepare or develop specifications or requirements for bids, requests for proposals, procurement orders, or purchasing orders; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: February 19, 2019 - House Second Readers

HB 322* – Local government; advertisement of certain bid or proposal opportunities; change provisions

Representatives: Tom McCall (R), 33rd District (R), 32nd District Barry Fleming (R), 121st District (R), 67th District Robert Trammell (D), 132nd District

House Committee: Governmental Affairs

Senate Committee:

First Reader A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, Summary: relating to local government, so as to change provisions relating to the advertisement of certain bid or proposal opportunities; to change notice provisions relating to public works construction contracts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Current Status: February 28, 2019 – Senate Read and Referred February 27, 2019 - House Passed/Adopted

4 LEGAL02/38722912v1 HB 334 – Courts; compensation of various local government officials; modify

Representatives: David Knight (R), 130th District J. Collins (R), 68th District (R), 151st District Noel Williams, Jr. (R), 148th District Robert Trammell (D), 132nd District

House Committee: Governmental Affairs

Senate Committee:

First Reader A BILL to be entitled an Act to amend Title 15, Chapter 2 of Title 21, and Chapter 5 of Summary: Title 48 of the Official Code of Georgia Annotated, relating to courts, primaries and elections generally, and ad valorem taxation of property, respectively, so as to modify the compensation of various local government officials; to provide a salary increase for various local government officials; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: February 20, 2019 - House Second Readers

HB 411 – Ad valorem tax; property tax bills shall not include any nontax related fees or assessments; provide

Representatives: Brett Harrell (R), 106th District Jay Powell (R), 171st District Terry England (R), 116th District

House Committee: Ways & Means

Senate Committee:

First Reader A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Summary: Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that property tax bills shall not include any nontax related fees or assessments; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: February 25, 2019 - House Second Readers

5 LEGAL02/38722912v1 HB 428 – Georgia Communications Services Tax Act; enact

Representatives: (R), 157th District Jay Powell (R), 171st District Terry England (R), 116th District (R), 172nd District (D), 128th District (D), 139th District

House Committee: Ways & Means

Senate Committee:

First Reader A BILL to be entitled an Act to amend Titles 36 and 48 of the Official Code of Georgia Summary: Annotated, relating to local government and revenue and taxation, respectively, so as to provide for state and local excise taxes on communications services and to eliminate certain other state or local taxes, charges, or fees related to such services; to provide for procedures, conditions, and limitations; to exempt certain broadband equipment from sales and use tax; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide for definitions; to provide for legislative findings and intent; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Current Status: February 25, 2019 - House Seconds Readers

HB 456 – Local government; elect an annual report in lieu of a biennial audit; increase expenditure amount

Representatives: (R), 160th District Jay Powell (R), 171st District Robert Dickey (R), 140th District (R), 170th District Jon G. Burns (R), 159th District Richard H. Smith (R), 134th District

House Committee: Budget and Fiscal Affairs Oversight

Senate Committee:

First Reader A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Summary: Code of Georgia Annotated, relating to local government budgets and audits, so as to increase the expenditure amount for which a local government may elect an annual report in lieu of a biennial audit; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: February 27, 2019 - House Committee Favorably Reported

6 LEGAL02/38722912v1 HB 493 – Private Permitting Review and Inspection Act; enact

Representatives: (R), 9th District Brett Harrell (R), 106th District Ron Stephens (R), 164th District Alan Powell (R), 32nd District Eddie Lumsden (R), 12th District

House Committee: Regulated Industries

Senate Committee:

First Reader A BILL to be entitled an Act to amend Chapter 2 of Title 8 of the Official Code of Georgia Summary: Annotated, relating to standards and requirements for construction, alteration, etc., of buildings and other structures, so as to provide procedures for alternative plan review, permitting, and inspection by private providers so as to simplify regulations on businesses at the local level; to provide for definitions; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: March 4, 2019 - House Committee Favorably Reported By Substitute

HB 556 – Private Permitting Review and Inspection Act; enact

Representatives: Lee Hawkins (R), 27th District Don Parsons (R), 44th District (R), 45th District Bruce Williamson (R), 115th District

House Committee: Energy, Utilities & Telecommunications

Senate Committee:

First Reader A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, Summary: relating to public utilities and public transportation, so as to provide limitations on fees that may be charged for installation of telephone facilities; to provide for the due compensation to be paid to municipal authorities by telephone companies; to revise terminology for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Current Status: March 4, 2019 - House First Readers

7 LEGAL02/38722912v1 HOUSE RESOLUTIONS

8 LEGAL02/38722912v1 SENATE BILLS

SB 20* – Counties and Municipal Corporations; establishment of banking improvement zones; areas underserved; provide

Representatives: Michael ‘Doc’ Rhett (D), 33rd District William Ligon, Jr. (R), 3rd District Ed Harbison (D), 15th District (D), 26th District

Senate Committee: Banking and Financial Institutions

House Committee: Banks & Banking

First Reader A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code Summary: of Georgia Annotated, relating to general provisions relative to provisions applicable to counties and municipal corporations, so as to provide for the establishment of banking improvement zones to encourage opening of banks in areas underserved by banks; to provide for definitions; to provide for application and standards of approval for a banking improvement zone; to provide for the establishment of an agreement for the deposit of public funds in banks within a banking improvement zone; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: March 1, 2019 – House Second Readers February 27, 2019 – Senate Passed/Adopted

SB 66* – "Streamlining Wireless Facilities and Antennas Act"

Representatives: Steve Gooch (R), 51st District Frank Ginn (R), 47th District David Lucas (D), 26th District Mike Dugan (R), 30th District Bill Cowsert (R), 46th District Butch Miller (R), 49th District

Senate Committee: Regulated Industries and Utilities

House Committee: Energy, Utilities & Telecommunications

First Reader A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local Summary: government, so as to enact the "Streamlining Wireless Facilities and Antennas Act"; to streamline the deployment of wireless broadband in the public rights of way; to address any perceived conflicts between this Act and Chapter 66B of Title 36;to provide that nothing in this Act relieves any person of any duties provided for in Chapter 9 of Title 25; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Current Status: February 27, 2019 – House Second Readers February 25, 2019 – Senate Passed/Adopted by Substitute

LEGAL02/38722912v1 SB 95 – Local Government; terms for contracts for utility services; change

Representatives: Randy Robertson (R), 29th District Greg Kirk (R), 13th District Matt Brass (R), 28th District John Albers (R), 56th District Butch Miller (R), 49th District Renee Unterman (R), 45th District

Senate Committee: Regulated Industries and Utilities

House Committee:

First Reader A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Summary: Annotated, relating to local government, so as to change the terms for contracts for utility services; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: March 4, 2019 – Senate Read Second Time

SB 119* – "Georgia Measuring Success Act"

Representatives: John Albers (R), 56th District Chuck Hufstetler (R), 52nd District Bill Cowsert (R), 46th District Mike Dugan (R), 30th District Steve Gooch (R), 51st District Jack Hill (R), 4th District

Senate Committee: Finance

House Committee:

First Reader A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Summary: Official Code of Georgia Annotated, relating to fiscal bills generally, so as to require an economic analysis prior to the introduction or amendment of legislation containing tax incentives or modifying or extending existing tax incentives; to provide for definitions; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: March 4, 2019 – Senate Passed/Adopted

SB 123 – Waste Management; the coal ash surcharge imposed by host local governments; eliminate

Representatives: William Ligon, Jr. (R), 3rd District Ben Watson (R), 1st District Greg Kirk (R), 13th District Nan Orrock (D), 36th District Burt Jones (R), 25th District Chuck Hufstetler (R),52nd District

Senate Committee: Natural Resources and the Environment

House Committee:

First Reader A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code Summary: of Georgia Annotated, relating to waste management, so as to eliminate the coal ash surcharge imposed by host local governments regarding municipal solid waste disposal facilities operated by private enterprise; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: February 19, 2019 – Senate Read and Referred

10 LEGAL02/38722912v1 SENATE RESOLUTIONS

LEGAL02/38722912v1 2019 PASSED BILLS

12 LEGAL02/38722912v1