GEORGIA GOVERNMENT FINANCE OFFICERS ASSOCIATION

GOVERNMENT RELATIONS/STRATEGIC PLANNING COMMITTEE

2020 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: (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 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Current Status: April 02, 2019 – House Withdrawn, Recommitted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 (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 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 (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: 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 (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

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

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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 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

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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 (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: (R), 54th District (R), 53rd District Butch Miller (R), 49th District John Kennedy (R), 18th District (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: , Jr. (R), 3rd District (R), 1st District Greg Kirk (R), 13th District (D), 36th District (R), 25th District (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: (D), 34th District (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 (D), 38th District Larry Walker, III (R), 20th District Lee Anderson (R), 24th District (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: (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: 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 (R), 32nd District Barry Fleming (R), 121st District (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: (D), 95th District (R), 97th District Brett Harrell (R), 106th District (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: (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: 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: (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 (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 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 (R), 47th District David Lucas (D), 26th District (R), 30th District (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 (R), 28th District (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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