ACCG Legislative Update page 1 Legislative Update Volume # 6, Issue 14– May 14, 2015 2015 Session of the General Assembly Each year, ACCG compiles a final Legislative Update to summarize legislation of importance to counties passed by the Georgia General Assembly and signed or vetoed by the Governor. This Legislative Update is designed to serve as a final guide to legislation from the 2015 session of the Georgia General Assembly and includes a brief summary, effective dates and impact to counties for each bill and resolution. Please note that major pieces of legislation impacting counties have a more detailed summary in the Appendix. For the full text of any of the bills in the legislative update, click here. ACCG staff has reviewed the final appropriations bills and has compiled a list of items of interest to counties by state agency. Items listed in black are increases to agency programs, while items listed in red are reductions to agency programs. For a complete overview see Appendix A. The ACCG policy team stands ready to assist you in any way. Watch for the ACCG Capitol Connection electronic newsletter that will serve as your way to stay informed about the work of the policy staff and other legislative issues throughout the rest of the year. Bills Passed ECONOMIC DEVELOPMENT & TRANSPORTATION [Staff: Shaun Adams] HB 106 Clean Up Legislation for HB 170, The HB 170 Transportation Funding Act 2015 Transportation Funding Act (Rep. Jay Roberts, 155th) (Rep. Jay Roberts, 155th) Effective July 1, 2015 – This bill makes significant changes Effective July 1, 2015 - This legislation was amended to to taxation of motor fuel and creates a new single county correct errors found in HB 170, the Transportation local option TSPLOST. The county impact analysis has Funding Act, after it was passed on March 31st. The been incorporated into the summary. For a more changes made by this legislation along with the county detailed summary see Appendix B. impact analysis have been incorporated into the summary of HB 170. For a more detailed summary see HB 174 Amends Urban Redevelopment Law for Appendix B. Blighted Areas (Rep. LaDawn Jones, 62nd) Effective July 1, 2015 - This legislation amends the Urban Redevelopment Law to change "slum" to "pockets of blight”. This legislation will make it easier for local governments and development authorities to draw on federal grants for redevelopment in blighted areas. ACCG Legislative Update page 2 HB 213 MARTA - Suspends Restrictions of Sales and HB 477 Process for Abandoning a Road Within a Use Tax Proceeds Subdivision (Rep. Mike Jacobs, 80th) (Rep. Jan Jones, 47th) Effective May 5, 2015 - This legislation repeals the Effective May 12, 2015 - This legislation allows counties, requirement that MARTA's ratio of operations to capital when abandoning a road in a subdivision with a expenditures does not exceed 50/50. It also provides for homeowners' association, to provide notice to the a representative from Clayton County to sit on the homeowners' association on the proposed abandonment, MARTA board and makes the GRTA executive director rather than the adjoining property owners. The a voting member. This legislation also provides for a homeowners' association could then exercise the option process of appeal for citations issued in violation of to buy the abandoned road back from the county. This authority rules and regulations. legislation requires all municipal corporations formed on or after April 15, 2005 to assume the ownership, For the three participating MARTA counties, this control, care, and maintenance of county road rights of legislation provides for board representation from way within the city unless agreed to otherwise by joint Clayton County, as well as the northern part of DeKalb agreement between the county and city. This legislation County. The removal of the 50/50 requirement on impacts the counties by making it easier for a county to revenue spending for MARTA will provide the agency dispose of and/or abandon a public road within a with more flexibility in its use of the revenue, which will subdivision by only requiring notice to the homeowner's benefit the residents of the three participating counties. association. HB 225 Regulation and Registration Process of For- SB 59 Partnership for Public Facilities and Hire Transportation Drivers Infrastructure Act (Rep. Alan Powell, 32nd) (Sen. Hunter Hill, 6th) Effective July 1, 2015; Sections 2, 3, 5, 6, Effective July 1, Effective May 5, 2015 - This legislation creates the 2016; Sections 4, 7 and Effective May 6, 2015; Sections 1, 8 - Partnership for Public Facilities and Infrastructure Act This legislation moves the registration, regulation, and which creates a framework by which local governments licensing of all limo, taxicab, for-hire services, or have the option to use for public-private partnership transportation referral services to the Department of (P3) projects on buildings as well as for accepting and Public Safety if they begin operation after July 1, 2014. processing unsolicited bids for such projects. Local governments will be prohibited from adopting an ordinance requiring a certificate of public necessity or a This legislation provides a tool for local governments medallion for taxicab, limo, or ride-share services after who wish to accept unsolicited bids for certain projects July 1, 2014. Counties and municipalities that have valid including a process for charging to review such bids and ordinances on or before July 1, 2014, that require giving the option to deny the bid for any reason. It also certificates of public necessity and convenience or establishes a framework for using public-private medallions to operate may continue to require such partnerships on vertical construction projects. For a certificates or medallions. The provision for an annual more detailed summary see Appendix C. registration fee will not go into effect until a distribution formula has been adopted. In the interim taxicabs, limos, SB 169 GDOT- Disposition of Property and Billboard and ride-share services shall pay state and local sales Relocation on State Route Projects taxes. (Sen. Steve Gooch, 51st) Effective July 1, 2015- This legislation affects how counties This removes the registration and regulation of for-hire dispose of property used for roads and changes the way services from the local governments and centralizes it billboards are relocated on state routes. This legislation with the Department of Public Safety. Until such time was amended to authorize the use of golf carts for that a distribution formula for the central registration delivery of packages in a subdivision under certain fees has been agreed to, the for-hire services shall pay circumstances. The county impact analysis has been state and local sales taxes. Once fully implemented, incorporated into the summary. For a more detailed projections are for more revenue as many for-hire summary see Appendix D. services are not currently paying their share of sales taxes. ACCG Legislative Update page 3 GENERAL COUNTY GOVERNMENT [Staff: Todd Edwards] HB 85 Beer and Wine Package Sales - Counties May the holder of an alcoholic beverage permit or license for Authorize within 100 Yards of School Buildings violations of state law or local ordinance related to the (Rep. Brett Harrell, 106th) manufacture, distribution or sale of alcoholic beverages Effective July 1, 2015 - Respecting home rule, this at a bar. The DOR Commissioner will provide a legislation allows local governments to authorize the reporting method. Bar bouncers must be 21 years of age sale of package beer and wine from grocery stores or older. Nobody under age 21 can enter said bars. within 100 yards of a school or school administrative Lastly, this bill makes the sale of powdered alcohol (or building (which is currently prohibited by law). "palcohol") illegal in Georgia. Grocery stores must have at least 10,000 square feet of floor space and reserve at least 85 percent of their sales HB 192 County Purchasing/Credit Cards & to food or other nonalcoholic items. To authorize said Development Authorities May Spend on beer and wine package sales, counties must pass a Hospital/Health Facilities resolution or ordinance. (Rep. Alan Powell, 32nd) Effective January 1, 2016 and Effective July 1, 2015; HB 110 Fireworks - Legalizing Those Not Prohibited Development Authority provision - If a local government by Federal Law issues purchase cards or credit cards to its elected (Rep. Jay Roberts, 115th) officials, this bill requires cards to be used solely for Effective July 1, 2015; Licenses for temporary fireworks sales public duties and officials to follow a written policy to stands cannot be issued before January 1, 2016 - This be adopted via a local ordinance on or after January 1, legislation authorizes the sale of fireworks in Georgia 2016. Said policy must designate the officials authorized that are not prohibited by federal law to anyone age 18 to use a card; require the user to sign a cardholder or older. Fireworks are subject to a 5 percent excise tax agreement with the county; set transaction limits; (in addition to other state and local sales taxes), which describe purchases that are authorized and not goes to the state. Fireworks may be used between 10 authorized; designate a card administrator; and set a.m. and 12 midnight, with hours extended to 2:00 a.m. procedures for addressing violations of card policies and on January 1, July 3-4, and Dec. 31. Local governments penalties for violations including, but not limited to, may authorize extended times on other dates via special revocation of card privileges and misdemeanor use permits (the fee for which may not exceed $100). prosecution. Penalties for public officials who misuse While there is no "opt-out" provision for counties public funds are clarified and increased. Lastly, wishing to prohibit fireworks sales or usage, counties language was added clarifying that local development may regulate the sale of fireworks from temporary authorities are authorized to expend funds for hospital locations, as well as require a permit or license for these and health care facilities - which are defined rather sales.