GEORGIA GOVERNMENT FINANCE OFFICERS ASSOCIATION
GOVERNMENT RELATIONS/STRATEGIC PLANNING COMMITTEE
2020 GEORGIA LEGISLATIVE REPORT
JANUARY 31, 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 (Public Finance, Infrastructure & Development Incentives) Alston & Bird LLP One Atlantic Center 1201 W. Peachtree Street Atlanta, Georgia 30309 (404) 881-7634 [email protected]
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HOUSE BILLS
HB 34 – Local government; taxpaying business owners to be appointed to development authorities; provide
Representatives: Rhonda Burnough (D), 77th District Valencia Stovall (D), 74th District Debra Bazemore (D,) 63rd District Mike Glanton (D), 75th District Kim Schofield (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 Summary: Code 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Current Status: April 02, 2019 – House Withdrawn, Recommitted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 Trey Kelley (R), 16th District Barry Fleming (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: Lee Hawkins (R), 27th District Don Parsons (R), 44th District Ron Stephens (R), 164th District Emory Dunahoo (R), 30th District Jimmy Pruett (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 Summary: Annotated, 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 Calvin Smyre (D), 135th District Don Parsons (R), 44th District Matt Hatchett (R), 150th District Rick Jasperse (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: April 2, 2019 - House Withdrawn, Recommitted
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HB 334 – Courts; compensation of various local government officials; modify
Representatives: David Knight (R), 130th District J. Collins (R), 68th District Gerald Greene (R), 151st District Noel Williams, Jr. (R), 148th District Don Hogan (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
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
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HB 428 – Georgia Communications Services Tax Act; enact
Representatives: Bill Werkheiser (R), 157th District Jay Powell (R), 171st District Terry England (R), 116th District Sam Watson (R), 172nd District Mack Jackson (D), 128th District Patty Bentley (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 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 Demetrius Douglas (R), 78th District El-Mahdi Holly (D), 111th District Mary Margaret Oliver (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
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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 Matt Dollar (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 Summary: Annotated, 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 5, 2019 - House Second Readers
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HOUSE RESOLUTIONS
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SENATE BILLS
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: April 2, 2019 – House Withdrawn, Recommitted February 25, 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 Summary: Code 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
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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 Summary: Code 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 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 Summary: local 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: January 28, 2020 – Senate Read and Referred
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SENATE RESOLUTIONS
LEGAL02/39553937v1 ⸸ Denotes enacted act. ** Denotes bill passed by both chambers.
2019 PASSED BILLS AND ENACTED ACTS
HB 315⸸ – Local government; certain agreements from consultants who enter into contracts or arrangements to prepare or develop requirements for bids; provide
Representatives: Mark Newton (R),123rd District Ed Rynders (R), 152nd District Jon Burns (R), 159th District Jan Jones (R), 47th District Matt Hatchett (R), 150th District
House Committee: Governmental Affairs
Senate Committee: Governmental Oversight
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: July 1, 2019 – Effective Date April 17, 2019 – Act 26 April 17, 2019 – Signed by Governor April 2, 2019 – House Agreed Senate Amend or Sub March 26, 2019 – Senate Passed/Adopted By Substitute March 7, 2019 – House Passed/Adopted By Substitute
HB 322⸸ – Local government; advertisement of certain bid or proposal opportunities; change provisions
Representatives: Tom McCall (R), 33rd District Alan Powell (R), 32nd District Barry Fleming (R), 121st District Micah Gravley (R), 67th District Robert Trammell (D), 132nd District
House Committee: Governmental Affairs
Senate Committee: State and Local Governmental Operations
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 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: April 28, 2019 – Effective Date April 28, 2019 – Act 64 April 28, 2019 – Signed by Governor April 2, 2019 – Senate Receded from Amend or Sub March 28, 2019 – Senate Passed/Adopted As Amended February 27, 2019 – House Passed/Adopted
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HB 379⸸ – Revenue and taxation; projects and purposes using SPLOST funds; revise annual reporting requirements
Representatives: Beth Moore (D), 95th District Bonnie Rich (R), 97th District Brett Harrell (R), 106th District Mike Wilensky (D), 79th District El-Mahdi Holly (D), 111th District Josh McLaurin (D), 51st District
House Committee: Ways & Means
Senate Committee: Government Oversight
First Reader A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Summary: Official Code of Georgia Annotated, relating to county special purpose local option sales tax (SPLOST), so as to revise the annual reporting requirements regarding projects and purposes using SPLOST funds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Current Status: May 7, 2019 - Effective Date May 7, 2019 - Act 236 May 7, 2019 - House Date Signed by Governor March 29, 2019 - Senate Passed/Adopted March 7, 2019 – House Passed/Adopted
HB 456⸸ – Local government; elect an annual report in lieu of a biennial audit; increase expenditure amount
Representatives: Jan Tankersley (R), 160th District Jay Powell (R), 171st District Robert Dickey (R), 140th District Penny Houston (R), 170th District Jon G. Burns (R), 159th District Richard H. Smith (R), 134th District
House Committee: Budget and Fiscal Affairs Oversight
Senate Committee: Government Oversight
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: July 1, 2019 – Effective Date May 6, 2019 – Act 211 May 6, 2019 – Signed by Governor March 29, 2019 – Senate Passed/Adopted March 5, 2019 – House Passed/Adopted
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HB 493⸸ – Private Permitting Review and Inspection Act; enact
Representatives: Kevin Tanner (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: Regulated Industries and Utilities
First Reader A BILL to be entitled an Act to amend Chapter 2 of Title 8 of the Official Code of Summary: Georgia 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: July 1, 2019 – Effective Date May 6, 2019 – Act 215 May 6, 2019 – Signed by Governor March 29, 2019 – House Agreed Senate Amend or Sub March 26, 2019 – Senate Passed/Adopted By Substitute March 7, 2019 – House Passed/Adopted By Substitute
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 David Lucas (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 Summary: Code 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: April 2, 2019 – House Passed/Adopted by Substitute February 27, 2019 – Senate Passed/Adopted
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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 Summary: local 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: October 1, 2019 - Effective Date April 26, 2019 - Act 53 April 26, 2019 - Senate Date Signed by Governor March 25, 2019 - House Passed/Adopted
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 S. Unterman (R), 45th 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 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: July 1, 2019 - Effective Date May 6, 2019 - Act 214 May 6, 2019 - Senate Date Signed by Governor March 29, 2019 - House Passed/Adopted
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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: Ways & Means
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 28, 2019 – House Passed/Adopted by Substitute March 4, 2019 – Senate Passed/Adopted
SB 157⸸ – Public Funds; when funds shall be considered to held by a depository; specify; State Depository Board certain policies and procedures related to deposit placement programs; establish
Representatives: John Kennedy (R), 18th District Jesse Stone (R), 23rd District William T. Ligon, Jr. (R), 3rd District Butch Miller (R), 49th District Jack Hill (R), 4th District Mike Dugan (R), 30th District
Senate Committee: Banking and Financial Institutions
House Committee: Banks & Banking
First Reader A BILL to be entitled an Act to amend Chapter 8 of Title 45 of the Official Summary: Code of Georgia Annotated, relating to accounting for public funds, so as to specify when funds shall be considered to be held by a depository; to require the State Depository Board to establish certain policies and procedures related to deposit placement programs; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Current Status: May 2, 2019 - Effective Date May 2, 2019 - Act 137 May 2, 2019 - Senate Date Signed by Governor March 26, 2019 - House Passed/Adopted
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SB 216⸸ – Ad Valorem Taxation; local governments to accept prepayments of ad valorem taxes; allow
Representatives: Jeff Mullis (R), 53rd District
Senate Committee: Finance
House Committee: Ways & Means
First Reader A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Summary: Code of Georgia Annotated, relating to ad valorem taxation of property, so as to allow local governments to accept prepayments of ad valorem taxes; to provide for conditions, limitations, and procedures; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes
Current Status: July 1, 2019 - Effective Date April 26, 2019 - Act 58 April 26, 2019 - Senate Date Signed by Governor March 26, 2019 - House Passed/Adopted by Substitute
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