Legislative Update Page 1
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ACCG 2019 Legislative Update page 1 Legislative Update Volume # 10, Issue 12– April 25, 2019 2019 Session of the General Assembly Ends The 2019 Session of the General Assembly ended at midnight on Tuesday, April 2nd. This was the first year of the biennial legislative session, so all bills introduced this year that did not pass remain eligible for passage next year. The 2019 Session ushered in new leadership in the Senate and the Governor’s Office. ACCG met with our new leaders, Governor Kemp and Lt. Governor Duncan, on policy issues of importance to counties and expressed our desire to continue a strong partnership between state and local government. ACCG and GMA also strengthened the partnership between counties and cities this Session by working very closely on many policy objectives impacting both counties and cities. The Policy Councils of both organizations also hosted a dinner for legislators that were former local officials. ACCG made progress on several of our policy objectives in the 2019 ACCG Legislative Agenda including the passage of guidelines for small cell (5G) deployment (SB 66), authorization for EMCs to provide broadband services (SB 2), increasing TAVT by eliminating trade-in abuse on used car sales (SB 65), improving the collection of sales tax on out-of-state vendors (HB 182), clarifying the law on passing stopped school buses (SB 25), creation of a new commission on behavioral health (HB 514) and the defeat of HB 411 that would prohibit local governments from placing fees on their property tax bills. Several funding objectives were also accomplished, including $150 million to replace voting equipment in all counties, a $2 increase in the daily per diem for county correctional institutes, $26 million in new funding for behavioral health crisis centers, and $33.7 million to bring current FLPA grant reimbursements to local governments. The following report summarizes bills that passed along with their effective dates. The report also documents the bills that did not pass but remain eligible for passage next year and study committees that have been created to possibly recommend legislative action next year. If you have any questions about legislation passed and/or considered during the 2019 Session please email the appropriate ACCG Policy Staff member listed at the beginning of each section of the report using the contact information on the last page of this report. This report also contains a review of the final appropriations bills and lists items of interest to counties by state agency. For a complete overview, see Appendix E for the 2019 Supplemental Budget and Appendix F for the 2020 Budget. ACCG thanks all commissioners, County Legislative Coordinators (CLC’s), and county staff that supported the association's Legislative Agenda this year by meeting with legislators and making personal contact through phone calls and emails. A special thank you to this year’s Policy Council for their hard work and dedication. County officials serve as the critical component of the ACCG advocacy efforts. ACCG 2019 Legislative Update page 2 Your involvement was instrumental in passing legislation that will benefit counties and stopping or modifying several bills that would have been detrimental to Georgia’s local governments. Bills Passed ECONOMIC DEVELOPMENT & TRANSPORTATION [Staff: Kathleen Bowen / Larry Ramsey] HB 224 Tax Credits for Job Creation in Rural HR 37 Georgia Commission on Freight and Counties (Rep. Bruce Williamson, 115th) Effective July Logistics (Rep. Kevin Tanner, 9th) This resolution 1, 2019. The provisions described below shall be creates a joint House and Senate Commission that is applicable to taxable years beginning on or after tasked with studying and assessing the freight and January 1, 2020. This legislation would allow logistics infrastructure, investment projects and businesses in certain rural and economically priorities in Georgia. The commission would consist distressed counties to utilize the investment tax of 22 members, four of which would be local credit against payroll withholding. In addition, in government officials. rural and economically distressed counties, the number of jobs necessary to qualify for the quality HR 214 House Rural Development Council: jobs tax credit is lowered from the creation of 50 jobs Reauthorized (Rep. Sam Watson, 172nd) This to 10 new jobs in Tier 1 counties and the creation of resolution reauthorizes the House Rural 25 new jobs in Tier 2 counties. This legislation Development Council until December 31, 2020. defines "rural county" as a county that has a population of less than 50,000 with 10 percent or HR 368 / SR 44 Resolution Supporting the more of such population living in poverty based upon Proposed Interstate 14 through GA (Richard Smith, the most recent, reliable and applicable data 134th / Ed Harbison, 15th) This resolution urges published by the US Bureau of Census. support for Interstate 14, a proposed highway that would run from Interstate 10 in West Texas to HB 352 Sales Tax Exemption for Projects of Interstate 20 in Augusta, Georgia. Many counties in Regional Significance (Rep. Bert Reeves, 34th) Middle Georgia have passed resolutions supporting Effective July 1, 2019. This legislation extends, this effort. through June 30, 2021, the existing sales tax exemption for goods used in the construction of a SB 103 Priority Airport Parking Spaces for “competitive project of regional significance,” which Veterans (Sen. Gail Davenport, 44th) Effective July 1, is the location or expansion of a business’s operations 2019. This legislation requires all publicly owned, in Georgia that the Georgia Department of Economic controlled or operated airports that provide Development determines will have a significant commercial air service to provide at least two regional impact. priority parking spaces for veterans. HB 454 Rules of the Road for Electric Assisted Bicycles (Rep. Kevin Tanner, 9th) Effective July 1, 2019. This legislation establishes regulations for electric assisted bicycles ("e-bikes") and defines three classes of e-bikes. E-bikes would follow the same rules of the road as human powered bikes and local governments would have the authority to allow or restrict the use of e-bikes on bicycle paths or shared paths where bicycles are permitted. ACCG 2019 Legislative Update page 3 GENERAL COUNTY GOVERNMENT [Staff: Todd Edwards] HB 33 Weapons Permit – Renewal of Extension governments’ bid, proposal, procurement or for Active Military (Rep. Eddie Lumsden, 12th) purchasing specifications to disclose and detail Effective July 1, 2019. This legislation enables active whether they or their family have any possible duty military service members to have an extension conflicts of interest or financial interest with a firm on renewing their weapons carry license. If the who may respond to the bid/proposal. There are license expires while the service member is on active exceptions for confidential economic development duty outside the state, the individual has six months activities and economic development authorities, and from their return to renew it, via the presentation of while attorneys must disclose the existence of a their official military orders, without being required conflict, they do not have to provide details. to obtain a new license. HB 316 Election Reforms and Voting Machine HB 311 Waiver of Sovereign Immunity for Non- Replacement (Rep. Barry Fleming, 121st) Effective Monetary Claims (Rep. Andy Welch, 110th) Effective upon signature of the Governor. This omnibus July 1, 2019 and applicable to causes of action election legislation provides that the state will accruing on or after that date. In response to several provide new, uniform voting machines for every Georgia Supreme Court cases in recent years, this county in Georgia "as soon as possible". Voting legislation waives the sovereign immunity of the equipment would consist of ballot marking devices state, counties, and cities with respect to certain non- (electronic devices, similar to the DRE interface monetary claims. As to local governments, a party currently used) which produce a paper ballot that is could ask a court for an injunction or declaratory then scanned into a recording device that tabulates judgment based on an allegation that the government votes. Among other election revisions, the bill is acting in violation of 1) the U.S. or Georgia provides additional notice before a voter's Constitution; 2) state statute; 3) a state rule or registration is rejected, before a felon is removed regulation; or 4) a local ordinance other than a from the rolls, and to those appearing to have moved zoning ordinance. Such claims would have to be to another state; changes from 3 to 5 years the period preceded by 30-days' notice to the government. A of inactivity before a voter is removed from the rolls, losing bidder in a public procurement would also also requiring notification prior to removal; requires have the power to challenge the award of a contract if counties to provide additional notice of any precinct that legal challenge is filed within 10 days of the changes; provides a cure period if a voter's signature contract's award; performance of that contract would on an absentee ballot does not mirror that used in be delayed for that same 10-day period except in registration; and lifts the 10-voter limit on persons emergency situations. Other provisions limit lawsuits assisting disabled or other individuals complete against government officers and employees in their absentee ballots. Lastly, the bill enrolls Georgia in a individual capacity. 25-state collaboration - the Electronic Registration Information Center - to share voting information in HB 314 – Boat Titles (Rep. Ron Stephens, 164th) order to track and cancel voters who move out of Effective July 1, 2020. This legislation requires the state. For a detailed summary of HB 316, see issuance of ownership titles for all watercraft used in Appendix A. state waters. Title applications will be processed by the Georgia Department of Natural Resources.