GEORGIA GOVERNMENT FINANCE OFFICERS ASSOCIATION

GOVERNMENT RELATIONS/STRATEGIC PLANNING COMMITTEE

2020 LEGISLATIVE REPORT

AUGUST 28, 2020

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]

Carlos A. Encinas, Esq. Senior Associate (Development Incentives, Infrastructure & Public Finance) Alston & Bird LLP One Atlantic Center 1201 W. Peachtree Street Atlanta, Georgia 30309 (404) 881-7634 [email protected]

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SPECIAL NOTICES

The 2020 legislative session concluded on June 26, 2020.

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Current Status: April 02, 2019 – House Withdrawn, Recommitted

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

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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 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 (R), 179th 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

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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 (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

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

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HB 547 – Local government; bill to incorporate a new municipality cannot contain any territory that is a part of an existing municipality; provide

Representatives: Michele Henson (R), 86th District (R), 78th District El-Mahdi Holly (D), 111th District (R), 82nd District

House Committee: Governmental Affairs

Senate Committee:

First Reader A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Summary: Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that a bill to incorporate a new municipality cannot contain any territory that is a part of an existing municipality; 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 Second Readers

HB 556 – Public utilities and public transportation; limitations on fees that may be charged for installation of telephone facilities; provide

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, 2020 - House Committee Favorably Reported By Substitute March 5, 2019 - House Second Readers

HB 986 –Local government; members of a county or municipal governing authority appointed as directors of development authorities shall not serve as chairpersons or chief executive officers of such authorities; provide

Representatives: Jackson, Derrick 64th Boddie, William 62nd Bazemore, Debra 63rd Dreyer, David 59th Bruce, Roger 61st

House Committee: Governmental Affairs

Senate Committee:

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First Reader A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Summary: Code of Georgia Annotated, relating to development authorities, so as to provide that members of a county or municipal governing authority appointed as directors of development authorities shall not serve as chairpersons or chief executive officers of such authorities; to provide that county development authorities for certain counties must obtain the consent of certain municipalities and school systems to acquire property or undertake projects within such municipalities; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes..

Current Status: Feb/24/2020 - House Second Readers Feb/21/2020 - House First Readers Feb/20/2020 - House Hopper

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HOUSE RESOLUTIONS

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SENATE BILLS

SB 237 – Service Delivery; counties and municipalities; strategy agreements with the county where such property is located; provide

Representatives: Valencia Seay (D), 34th District Gail Davenport (D), 44th District

Senate Committee: State and Local Governmental Operations

House Committee:

First Reader A BILL to be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Summary: Official Code of Georgia Annotated, relating to service delivery, so as to provide that counties that own property located within another county and certain municipalities that own property located within a county the municipality is not located in shall enter into service delivery strategy agreements with the county where such property is located; to provide deadlines for such agreements; to provide for notice regarding initiating such agreements; to provide for how such agreements are approved; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: March 8, 2019 – Senate Read and Referred

SB 240 – Incorporation of Municipal Corporations; no municipal charter shall be enacted where a portion of the proposed corporate boundary was ever part of existing municipality; provide

Representatives: Jeff Mullis (R), 53rd District Senate Committee: State and Local Governmental Operations

House Committee:

First Reader A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code Summary: of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that no municipal charter shall be enacted where a portion of the proposed corporate boundary was ever part of an existing municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: March 5, 2020 - Senate Read Second Time March 4, 2020 - Senate Committee Favorably Reported By Substitute March 13, 2019 – Senate Read and Referred

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SB 309 – 'Georgia Municipal and Local Government Infrastructure Finance Authority Act'; comprehensive regulation of local government infrastructure financing; provide

Representatives: Jesse Stone (R), 23rd District Horacena Tate (D), 38th District Larry Walker, III (R), 20th District Lee Anderson (R), 24th District Blake Tillery (R), 19th District Renee S. Unterman (R), 45th District Senate Committee: State and Local Governmental Operations

House Committee:

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 provide for comprehensive regulation of local government infrastructure financing; to include broadband network projects as undertakings for which revenue bonds may be issued; to create the Georgia Municipal and Local Government Infrastructure Finance Authority and the Georgia County and Local Government Infrastructure Finance Authority; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Current Status: February 20, 2020 – Senate Read Second Time February 19, 2020 – Senate Committee Favorably Reported By Substitute January 28, 2020 – Senate Read and Referred

SB 371 – Department of Transportation Officers; state investment in railways and railroad facilities and equipment; provide

Representatives: Gooch, Steve 51st Butler, Gloria 55th Beach, Brandon 21st Harper, Tyler 7th Jones, Burt 25th Harbison, Ed 15th Senate Committee: Transportation

House Committee: Transportation

First Reader A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 32 of the Summary: Official Code of Georgia Annotated, relating to officers in the Department of Transportation, so as to provide for state investment in railways and railroad facilities and equipment; to provide for a definition; to provide that the commissioner of transportation may administer a Georgia Freight Railroad Program; to provide for subprograms within such program; to provide for annual reporting; to provide for standards for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: Jan/01/2021 - Effective Date Aug/05/2020 - Act 594 Aug/05/2020 - Senate Date Signed by Governor Jun/29/2020 - Senate Sent to Governor Jun/24/2020 - House Passed/Adopted Jun/24/2020 - House Third Readers Jun/18/2020 - House Committee Favorably Reported Mar/03/2020 - House Second Readers Mar/02/2020 - House First Readers Feb/28/2020 - Senate Passed/Adopted By Substitute

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SB 459 – Public Utilities and Public Transportation and State Government; funding for the deployment of certain communications services throughout this state; provide

Representatives: Gooch, Steve 51st Harper, Tyler 7th Wilkinson, John 50th Ginn, Frank 47th Tillery, Blake 19th Thompson, Bruce 14th

Senate Committee: Regulated Industries and Utilities

House Committee:

First Reader BILL to be entitled an Act to amend Titles 46 and 50 of the O.C.G.A., relating to Summary: public utilities and public transportation and state government, respectively, so as to provide funding for the deployment of certain communications services throughout this state; to change certain provisions relating to the Universal Access Fund so as to modernize such Act and to provide for a certain portion of such fund to be used for the deployment of broadband services in unserved areas; to provide for limitations and sunset provisions; to change certain provisions relating to Georgia Broadband Deployment Initiative to provide for such funding awards; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Current Status: Feb/28/2020 - Senate Read and Referred Feb/27/2020 - Senate Hopper

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SENATE RESOLUTIONS

SR 793 – Joint Private Financing of Infrastructure Study Committee; create

Representatives: Beach, Brandon 21st Albers, John 56th Gooch, Steve 51st Harbison, Ed 15th Watson, Ben 1st

Senate Committee: Rules

House Committee: Governmental Affairs

First Reader A RESOLUTION creating the Joint Private Financing of Infrastructure Study Summary: Committee; and for other purposes.

Current Status: Jun/19/2020 - House Committee Favorably Reported Mar/13/2020 - House Second Readers Mar/12/2020 - House First Readers Mar/10/2020 - Senate Passed/Adopted Mar/10/2020 - Senate Third Read Feb/28/2020 - Senate Read Second Time Feb/27/2020 - Senate Committee Favorably Reported Feb/24/2020 - Senate Read and Referred Feb/21/2020 - Senate Hopper

SR 885 – General Obligation Debt; make loans or grants; counties, municipalities, consolidated governments, and local authorities; airports; authorize the state -CA

Representatives: Harper, Tyler 7th Jones, Burt 25th Hill, Jack 4th Gooch, Steve 51st Burke, Dean 11th Kennedy, John 18th

Senate Committee: Transportation

House Committee: Appropriations

First Reader A RESOLUTION proposing an amendment to the Constitution so as to authorize Summary: the state to incur general obligation debt in order to make loans or grants to certain counties, municipalities, consolidated governments, and local authorities that own airports for the acquisition, construction, development, extension, enlargement, or improvement of such airports; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Current Status: Jun/15/2020 - House Second Readers Mar/13/2020 - House First Readers Mar/12/2020 - Senate Passed/Adopted By Substitute Mar/12/2020 - Senate Third Read Mar/10/2020 - Senate Read Second Time Mar/09/2020 - Senate Committee Favorably Reported By Substitute Mar/04/2020 - Senate Read and Referred Mar/03/2020 - Senate Hopper

LEGAL02/39685956v1 ⸸ Denotes enacted act. ** Denotes bill passed by both chambers.

2020 PASSED BILLS AND ENACTED ACTS

⸸ 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: Jan/01/2021 - Effective Date Aug/05/2020 - Act 592 Aug/05/2020 - House Date Signed by Governor Jun/29/2020 - House Sent to Governor Jun/22/2020 - Senate Transmitted House Jun/22/2020 - Senate Passed/Adopted Jun/22/2020 - Senate Third Read Jun/20/2020 - Senate Read Second Time Jun/19/2020 - Senate Committee Favorably Reported Jun/17/2020 - Senate Withdrawn & Recommitted Mar/13/2020 - Senate Read and Referred Mar/12/2020 - House Passed/Adopted By Substitute Mar/12/2020 - House Third Readers

HB 1014 – Local government; downtown development authorities; remove provision providing perpetual existence to such authorities

Representatives: Tankersley, Jan 160th Dickey, Robert 140th Nix, Randy 69th

House Committee: Governmental Affairs

Senate Committee: Assignments

First Reader A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Summary: Code of Georgia Annotated, relating to downtown development authorities, so as to remove a provision providing perpetual existence to such authorities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Current Status: Mar/13/2020 - Senate Read and Referred

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Mar/12/2020 - House Passed/Adopted Mar/12/2020 - House Third Readers Mar/05/2020 - House Committee Favorably Reported Feb/27/2020 - House Second Readers Feb/26/2020 - House First Readers Feb/25/2020 - House Hopper

HB 1073 – Local government; downtown development authorities; remove provision providing perpetual existence to such authorities

Representatives: Watson, Sam 172nd England, Terry 116th Jasperse, Rick 11th Corbett, John 174th

House Committee: Governmental Affairs

Senate Committee: Assignments

First Reader A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Summary: Code of Georgia Annotated, relating to development authorities, so as to provide for the creation of regional development authorities; to provide an enhancement for the jobs tax credit for such authorities; to provide for a grant program for primary care medical facilities; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: Mar/13/2020 - Senate Read and Referred Mar/12/2020 - House Passed/Adopted By Substitute Mar/12/2020 - House Third Readers Mar/10/2020 - House Committee Favorably Reported By Substitute Mar/03/2020 - House Second Readers Mar/02/2020 - House First Readers Feb/28/2020 - House Hopper

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⸸ SB 43 – Revenue Bonds; definition of the term "undertaking" as it relates to electric systems; revise

Representatives: Chuck Payne (R), 54th District Jeff Mullis (R), 53rd District Butch Miller (R), 49th District John Kennedy (R), 18th District Steve Gooch (R), 51st District Lee Anderson (R), 24th District Senate Committee: Regulated Industries and Utilities

House Committee: Energy, Utilities & Telecommunications

First Reader A BILL to be entitled an Act to amend Article 3 of Chapter 82 of Title 36 of the Summary: Official Code of Georgia Annotated, relating to revenue bonds, so as to revise the definition of the term "undertaking" as it relates to electric systems; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes

Current Status: Aug/05/2020 - Effective Date Aug/05/2020 - Act 586 Aug/05/2020 - Senate Date Signed by Governor Jun/29/2020 - Senate Sent to Governor Jun/16/2020 - House Notice to Reconsider Jun/16/2020 - House Passed/Adopted Jun/16/2020 - House Third Readers

⸸ 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: Natural Resources & Environment

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: Jun/29/2020 - Effective Date Jun/29/2020 - Act 376 Jun/29/2020 - Senate Date Signed by Governor Jun/25/2020 - Senate Sent to Governor Jun/24/2020 - Senate Agreed House Amend or Sub Jun/23/2020 - House Passed/Adopted By Substitute Jun/23/2020 - House Third Readers

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⸸ SB 371 – Department of Transportation Officers; state investment in railways and railroad facilities and equipment; provide

Representatives: Gooch, Steve 51st Butler, Gloria 55th Beach, Brandon 21st Harper, Tyler 7th Jones, Burt 25th Harbison, Ed 15th Senate Committee: Transportation

House Committee: Transportation

First Reader A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 32 of the Summary: Official Code of Georgia Annotated, relating to officers in the Department of Transportation, so as to provide for state investment in railways and railroad facilities and equipment; to provide for a definition; to provide that the commissioner of transportation may administer a Georgia Freight Railroad Program; to provide for subprograms within such program; to provide for annual reporting; to provide for standards for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.

Current Status: Jan/01/2021 - Effective Date Aug/05/2020 - Act 594 Aug/05/2020 - Senate Date Signed by Governor Jun/29/2020 - Senate Sent to Governor Jun/24/2020 - House Passed/Adopted Jun/24/2020 - House Third Readers Jun/18/2020 - House Committee Favorably Reported Mar/03/2020 - House Second Readers Mar/02/2020 - House First Readers Feb/28/2020 - Senate Passed/Adopted By Substitute

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