ACCG Legislative Update page 1 Final Legislative Update Volume # 4, Issue 12- May 10, 2013 2013 Session of the General Assembly Each year, the Association County Commissioners of Georgia (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 2013 session of the Georgia General Assembly and includes a brief summary as well as effective dates for each bill and resolution. Bills with titles highlighted in yellow need your review because of potential impact to your budget and/or operations. 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 202 Value Engineering Studies HB 318 Georgia Tourism Development Act (Rep. Bubber Epps, 144th) (Rep. Ron Stephens, 164th) Effective July 1, 2013- This legislation requires the Effective April 29, 2013- This legislation changes the Department of Transportation to perform a value procedures of the Georgia Tourism Development Act engineering study on any project over $50 million except and the necessary agreements that provide sales tax for design-build projects. Currently, a value engineering exemptions for certain projects. This legislation was study is required on all projects over $10 million. amended to now include the option for local governments to offer the tourism tax exemption by This legislation also changes the total expenditures from resolution in the jurisdiction where a tourism project the State Transportation Fund to exclude the following exists. from budgeting by the department: funds for projects earmarked by Congress, funds for projects on the HB 384 Motorized Cart Signage Clarification Interstate System, and funds for projects on state (Rep. Jay Roberts, 155th) designated freight corridor. Effective July 1, 2013 –This legislation requires counties that allow the use of motorized carts on public streets to post signs that are at least 24 inches by 30 inches on ACCG Legislative Update page 2 every state highway that intersects with the county's and SB 137 Authorizes Commissioner of Economic cities' boundaries to warn other drivers that motorized Development to Designate Opportunity Zones carts are permitted on public roads. Any ordinance by (Sen. Rick Jeffares, 17th) the county regulating motorized carts will not be Effective July 1, 2013- This legislation authorizes the effective until the signs are posted. Commissioner of Economic Development to designate areas as opportunity zones except for areas where one or HB 393 Georgia Workforce Investment Board more census tracts adjacent to a federal military (Rep. Mark Hamilton, 24th) installation where pervasive poverty is evidenced by a Effective July 1, 2013- This legislation sets the procedure 15% poverty rate or greater as reflected in the most for establishing local workforce investment boards. It recent decennial census. also makes counties, cities and regional commissions the fiscal agent/grant recipient for certain funds. SB 218 Emergency Tow Permits (Sen. Steve Gooch, 51st) Effective July 1, 2013-This legislation increases the weight limit for annual commercial wrecker emergency tow permits. GENERAL COUNTY GOVERNMENT [Staff: Todd Edwards] HB 71 ACCG and GMA Retirement; Increase HB 160 Revises Vacant and Foreclosed Real Property Authorized Investment in Real Estate Registry Requirements (Rep. Lynne Riley, 50th) (Rep. Mike Jacobs, 80th) Effective July 1, 2013-Currently, retirement programs Effective July 1, 2013 Section 2- This legislation revises the such as those offered by ACCG and GMA may only vacant and foreclosed property law enacted in 2012 by invest 5 percent of their holdings in real estate removing the limitation that only properties that have investments. This legislation increases the amount of received a land use disturbance permit can be included permissible investment to 10 percent. on the foreclosed real property registry. It also clarifies that certain foreclosed properties are not subject to HB 124 Sunday Sales registration if the deed is filed with the clerk of superior (Rep. Brett Harrell, 106th) court within 60 days of the foreclosure sale or transfer of Effective July 1, 2013- Under this legislation, if the voters the deed in lieu of foreclosure. do not approve a ballot measure for Sunday sales of beer, wine and liquor by the package, it will not impact a HB 361 Federal Labor Laws - Cannot Require Local previous vote to approve a ballot measure for Sunday Governments to Waive Them sales of beer and wine only. (Rep. Edward Lindsey, 54th) Effective July 1, 2013- This legislation prohibits the state, HB 142 Expand Lobbyist Definition cities and counties from passing ordinances or (Rep. David Ralston, 7th) requirements in contracts, permits, licenses or zoning, Effective January 1, 2014- This legislation provides for that would require an employer or employee to waive changes relating to the Georgia Government rights provided by the National Labor Relations Act. Transparency and Campaign Finance Commission For instance, a county could not require a potential (formerly known as the Ethics Commission) as well as contractor or vendor to accept terms to a collective the definition of a lobbyist and expenditures. For a more bargaining agreement with its employees in order to detailed summary see Appendix B. enter into a contract with the county. HB 143 Changes and Eliminates Certain Filing HB 487 Coin Operated Amusement Machines – Requirements for County Offices Regulating (Rep. David Ralston, 7th) (Rep. Matt Ramsey, 72nd) Effective January 1, 2014- This legislation changes the Effective July 1, 2013- This legislation moves the manner in which candidates for local office file their regulation of coin operated machines from the campaign and finance disclosure statements. For a more Department of Revenue to the Georgia Lottery detailed summary see Appendix C. Corporation. It allows the county to prohibit more than six Class B coin operated amusement machines that reward the player exclusively with non-cash ACCG Legislative Update page 3 merchandise, prizes, toys, gift certificates, etc. Under the -changing deadlines on when a local government must old law, counties could only prohibit more than nine adopt a comprehensive plan and submit it to their RC. Class B machines. This legislation also allows the For a more detailed summary see Appendix D. county to require an annual audit of the verified monthly reports that location owners and operators SB 160 Illegal Immigration Reform to Create must prepare showing the gross receipts from the Class Regulatory Efficiencies B machines, gross retail receipts for the business location (Sen. Frank Ginn, 47th) and the net receipts of the Class B machines. Effective July 1, 2013- SB 160 is the major illegal immigration reform legislation passed this session and HB 517 Authorizing Sale of Beer and Wine within 100 contains ACCG's top legislative priorities of allowing for Yards of College Campus secure and verifiable documents to be submitted by (Rep. Chuck Williams, 119th) mail; allowing legal U.S. residents to renew their public Effective July 1, 2013 - Current law prohibits the sale of benefits without having to annually submit those package beer and wine within 100 yards of a college documents; and consolidating three county reporting campus. This bill allows cities and counties, via local requirements into one annual report due to one agency. ordinance, to allow for the sale of package beer and wine For a more detailed summary see Appendix E. within that 100-yard distance so long as the store has at least 85 percent of its floor space dedicated to the sale of SB 168 Public Works Bids - More Mandates for food and other nonalcoholic items, and conducts all of Counties in Process its sales within the store (i.e., no gas pumps outside). (Sen. Lindsey Tippins, 37th) Effective April 24, 2013- This legislation prohibits counties SB 83 Authorizes the Use of Cremation for County and cities, in awarding public works contracts, from Funded Burials of Paupers disqualifying responsible bidders based on lack of (Sen. Steve Gooch, 51st) previous experience with a job of the size for which the Effective July 1, 2013 - Under current law, counties are bid proposal is being sought if: required to provide for the decent interment of indigents - the bid or proposal is 30 percent greater in scope or who pass away within their jurisdiction, as is the cost from the responsible bidder's previous experience; Department of Corrections for inmates in their care. This - the responsible bidder has experience in performing legislation simply clarifies that decent interment allows the work; and for cremation. - the responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid SB 104 Comprehensive Planning Revisions - documents for a bid or performance bond. Streamlining Requirements (Sen. Frank Ginn, 47th) SB 179 Public Bids - Penalties, Incentives and Bid Effective July 1, 2013- This legislation results from a two- Bonds year stakeholder process whereby ACCG, GMA and (Sen. Hunter Hill, 6th) others partnered on the Department of Community Effective May 6, 2013- This legislation allows counties to Affairs' Planning Rules Task force to revise Georgia's include provisions in construction contracts over comprehensive planning requirements on local $100,000 to require the contractor to pay a penalty if the governments.