2016 Legislative Report 7

The General Assembly reconvened Monday, February 22, 2016--Day 25--and recessed at the close of business on Friday, February 26, 2016--Day 29.  Monday, February 29, 2016, is Day 30 on the legislative calendar--Cross Over Day, the day that bills normally need to pass one Chamber in order to be considered for passage in the other Chamber before receiving the Governor’s signature.

Budget

HB 751-Ralston of the 7th

The FY-2017 budget passed the House during week 6 of the session.  Listed below are some line items of interest to GEDA members.

The Governor recommended a budget of $23,739,409,078.  The House version changes some line-item allocations, but keeps the total at over $23 billion.

The Georgia Department of Economic Development budget includes $31,051,667 in state funds and a total budget of $105, 072,985.  Over $70 million of the total budget is contained in federal funding for workforce development programs.  The House agreed with the Governor’s recommendation and increased funds for marketing in the Global Commerce budget by $200,000.  Other changes to the DEcD budget included changes in the Tourism budget.  The Governor recommended eliminating one-time funds for signage and marketing of the ‘Vietnam Moving Wall’ at the Walk of Heroes, reducing funds for the Georgia Civil War Heritage Trails, and eliminating one-time funds for the National Infantry Museum. The House agreed with the Governor’s recommendation and added an additional $1,000,000 for tourism marketing and promotion, and $100,000 to the Georgia Historical Society for historical markers.

The Governor recommended $91,826,346 in state funds for the Georgia Department of Community Affairs and total funds of $300,529,614.  The Governor recommended an additional $10,000,000 for the Regional Economic Business Assistance (REBA) grants, and $10,000,000 for the OneGeorgia Authority for rural economic development projects. The House removed the increase in the REBA allocation and agreed with the increase in funds for the OneGeorgia Authority.

The Regents, University System of Georgia budget includes $8,754,535 for the Enterprise Innovation Institute, $5,097,451 for the Georgia Research Alliance, and $5,810,979 for the Georgia Tech Research Institute.

The Governor recommended $351,400,729 in state funds for the Technical College System of Georgia.  The Adult Education line item includes funds for 50 full-time instructors created by the transfer of funds from the Technical Education program and the use of existing funds for part-time instructors. The Quick Start and Customized Services line item received $13,294,403 in state funds.

The Georgia Department of Transportation recommended budget includes a total of $815,522,064 identified as additional revenue from HB 170 (2015 Session) that is spread through multiple line items.  $543,119,831 was added to the Capital Projects line item.  Construction Administration, Departmental Administration, Intermodal, Local Maintenance and Improvement Grants, Planning, Routine Maintenance, and Traffic Management and Control line items received additional funds from revenue generated from HB 170.   

The Senate continues the budget process with subcommittee hearings on the FY-2017 budget.

Bills

HB 285-Stephens of the 164th

Amends Code Section 48-7-40.26 of the OCGA relating to an income tax credit for film, video, or digital production in Georgia, so as to change certain qualifications for such credit; to provide for related matters; and for other purposes.

The bill proposes to provide an income tax credit for qualified production activities if a production company or qualified interactive entertainment production company and its affiliates invest in a state certified production approved by the Department of Economic Development with production expenditures that do not exceed certain investment levels during 2002, 2003, and 2004.

This bill was introduced during the 2015 session and remained dormant until week 7 of the 2016 session.  The bill was significantly rewritten in a House Ways and Means Subcommittee and passed by the full committee. The revised bill was not available on Friday, February 26.  It may be on the House calendar for consideration on Day 30.

HB 677-Stephens of the 164th

Amends Title 50 of the OCGA relating to state government, so as to provide for casino gaming in this state at a limited number of licensed resort facilities in counties, municipalities, and consolidated governments that have approved by public referendum the establishment of such facilities.

The bill proposes to create the Georgia Casino Gaming Corporation to oversee the start-up and management of casino gaming.  The Corporation will be accountable to the General Assembly. The bill proposes to restrict the number of casinos to 4 with two in the metro Atlanta region and two outside the Atlanta region. The ‘Casino Gaming Proceeds’ will be allocated for the following purposes: the funding of educational programs and purposes, the payment of commission operating expenses associated with the regulation of casino gaming, the funding of the Georgia Problem Gaming Assistance Fund, and the funding of the Georgia Licensed Resort Facility Host Community Fund. Ninety percent of the total proceeds shall be appropriated for educational programs.

HB 1076-Bennett of the 80th

Amends Chapter 62 of Title 36 of the OCGA relating to development authorities, so as to provide that no development authority activated by a single county that has also activated a public safety and judicial facilities authority shall acquire, lease, or accept title to any real property located within a city that has activated a development authority without the consent by resolution of such city’s development authority; and for other purposes.

The bill proposes to prohibit any development authority activated by a single county that has also activated a public safety and judicial facilities authority from acquiring, leasing, or accepting title to any real property located within the corporate limits of a municipal corporation that has activated an authority without the consent by resolution of the board of directors of such municipal corporation’s authority.  The bill would not apply to conveyances completed prior to March 1, 2016.

HR807-Stephens of the 164th

Proposes and amendment to the Constitution so as to authorize the General Assembly to provide by law for casino gambling in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The resolution proposes to amend the Constitution so as to provide for a limited number of resort-style destination casinos in order to generate revenues to be used to preserve the long-term financial stability of the HOPE scholarship program and other educational programs.

HR1511-Gordon of the 163rd

Creates the Joint Study Committee on New Market Tax Credits in Georgia; and for other purposes.

The Resolution proposes to create a ten member study committee to study the conditions, needs issues, and problems related to New Market Tax Credits in Georgia and recommend any action or legislation which the committee deems necessary or appropriate.

SB275-Williams of the 27th

Amends Chapter  80 of Title 36 of the OCGA relating to general provisions regarding counties, municipal corporations, and other governmental entities; so as to provide that the governing body of any county, consolidated government, or municipality; local board of education; or any other state or local governmental entity shall not adopt or maintain any policy, rule, or other provision that has the effect of preventing the free exercise of the right of freedom of speech by the members of the governing body and the ability of members of the governing body to discuss freely the policies and actions of such entity; to provide for exceptions; and for other purposes.

The bill proposes to forbid any local governmental entities from denying freedom of speech to members of local governmental entities.

SB413-Mullis of the 53rd

Amends Chapter 7 of Title 50 of the OCGA relating to the Department of Economic Development, so as to provide that the Department of Economic Development shall establish a state-wide site development initiative to create a portfolio of properties in the state which are ready for industrial development; to provide for criteria evaluations, and review; to provide for funding; and for other purposes.

The bill proposes to mandate that the Department of Economic Development establish a state-wide site development initiative for Georgia with the goal of screening and prequalifying sites in accordance with criteria established by the department to create a portfolio of marketable, construction-ready sites in Georgia for industrial development. The state would fund at least 50% of the cost of the program and not more than 75% of the cost from funds appropriated by the General Assembly. The remaining costs would be paid by local sources such as governments, authorities, local or statewide utilities, private property owners, and others.

SB417-Mullis of the 53rd

Amends Chapter 7 of Title 50 of the OCGA relating to the Department of Economic Development, so as to create the ‘Georgia Film and Television Trail Act’; to provide for a short title; to provide for definitions; to provide for a purpose; to provide for the Department of Economic Development to plan and develop the trail; to provide for policies; to provide for the Department of Transportation to place trail signs designed in conjunction with the Department of Economic Development; to provide for certain immunities; and for other purposes.

The bill proposes the creation of the Georgia Film and Television Trail to provide an opportunity for the public to be aware of these locations and visit film and television location sites throughout the state. The bill outlines policies that should guide DEcD in creating and administering the Trail. 

2016 Legislative Report 6

The General Assembly reconvened Tuesday, February 16, 2016,  Day 21, and recessed on Friday, February 19, 2016, Day 24. The General Assembly will convene Monday through Friday Feb. 22-26.  Day 30—Cross -Over Day—will be Monday, February 29.  Bills that do not pass from one chamber to the other by Day 30 cannot be considered for passage by both chambers and receive the Governor’s signature.

Budget

The House passed the FY-2017 budget and transmitted it to the Senate for consideration. The Senate began committee hearings that will continue this week.

Bills

HB 751-Ralston of the 7th

The bill creates the FY-2017 Budget.

HB 919-Duncan of the 26th

Amends Titles 31 and 48 of the O.C.G.A. relating to health and revenue and taxation, respectively, so as to approve rural health care organizations which provide health care services to underserved areas in this state; to provide for definitions; to provide for tax credits for contributions to rural health care organizations; to provide for the amount, nature, limits, and procedures for such tax credits; to provide for related matters; to provide for applicability; and for other purposes.

The bill proposes to create an income tax credit for individuals and corporations that make contributions to qualified rural health care organizations.  The aggregate amount of tax credits allowed per tax year is capped at $250 million.  Tax credits must be preapproved by the Commissioner of Revenue. The Commissioner of the Department of Public Health will approve ‘rural health care organizations’ that qualify for the contributions.  Rural health care organizations must be certified by the Department of Public Health.  They are defined as being located in a rural county; participating in both Medicaid and Medicare and accepting both Medicaid and Medicare patients; providing health care services to indigent patients; and receiving at least 25 percent of its gross net revenue from treating indigent patients. 

2016 Legislative Report 5

The General Assembly reconvened on Monday, February 8; Day 17, and adjourned on Thursday, February 11, 2016; Day 20 of the legislative calendar.  The General Assembly will be in session Tuesday through Friday of next week.

Budget

The Senate passed the FY-2016 amended budget by substitute Wednesday, February 10, 2016;

The House and Senate continued hearings on the FY-2017 budget.

Bills

The House of Representatives passed HB 757S, the first of several ‘religious liberty’ bills that have been introduced in the House and Senate.  This bill, ‘The Pastor Protection Act’ provides protections to religious leaders as it relates to performing marriage ceremonies, rites, or to administer sacraments.

HB 911 - Duncan of the 26th

Amends Article 1 of Chapter 8 of Title 48 of the OCGA relating to sales and use tax, so as to provide for administration by the Department of Revenue of the exemption for agricultural machinery and equipment; to provide for a change to the qualifying amounts for the agricultural exemption; to provide for the separation of qualifying items at the point of sale; and for other purposes.

The bill proposes to amend the current OCGA related to sales and use tax exemption for agricultural machinery and equipment by increasing the amounts of  agricultural products that a ‘qualified agricultural producer’ must produce to qualify for the sales and use tax  from $2,500 to $10,000 in a year if they own or lease agricultural land, increasing the amount of agricultural operations from $2,500 to $10,000 annually, the volume of ‘long-term’ agricultural products from $2,500 to $10,000 in sales annually, and an increase in the production of agricultural products to generate at least $10,000 in sales annually.

HB 921 – Houston of the 170th

Amends Article 2 of Chapter 7 of Title 48 of the OCGA relating to the imposition, rate, computation, and exemptions from state income taxation, so as to provide tax credit incentives to promote the revitalization of vacant rural Georgia downtowns by encouraging investment, job creation, and economic growth in long-established business districts; to provide for definitions; to delineate procedures, conditions, eligibility, and limitations; to provide for powers, duties, and authority of the commissioner of community affairs, the commissioner of economic development, and the revenue commissioner; to provide for related matters; and for other purposes.

The bill proposes to establish revitalization zones within downtown areas and to allow investors in revitalization zones to earn state income tax credits.  Any eligible business which establishes a new location within a revitalization zone on or after January 1, 2017, or any existing eligible business located within a revitalization zone that expands its operation, which has created at least two new jobs in a taxable year, and has been certified by the commissioner of community affairs can qualify for the tax credit.  Local governments that have a population of fewer than 15,000 residents  concentration of historic structures at least 50 years old within the targeted area, a 20 percent vacancy rate or documentation of an immediate threat to the targeted area, a feasibility study or market analysis identifying the business activities which can be supported in the targeted area and a plan for attracting or retaining such business activities, a master plan or strategic plan designed to assist private and public investment, or commitments for private or public funding from banks, downtown development authorities, local businesses, or other eligible applicants to support development activities in the targeted area.  Each full-time equivalent job created will be eligible for a $2,000 annual income tax credit; not to exceed $25,000 per taxable year.

HB 922 – Williamson of the 115th

Amends Code Section 48-7-40.17 of the OCGA relating to a tax credit for creating quality jobs, so as to add a definition of taxpayer and for other purposes.

The bill proposes to amend the definition of ‘taxpayer’ to mean a person required by law to file a return or to pay taxes, except that any taxpayer may elect to include disregarded entities as defined in the Internal Revenue Code, as part of the taxpayer for purposes of calculating the number of new quality jobs created. Current law does allow companies with multiple LLCs to claim the Quality Jobs Tax Credit unless all of the qualifying jobs were created by one LLC under the same Federal Employer Identification Number (FEIN).

HB 924 – Epps of the 144th

To amend Code Section 48-8-3 of the OCGA relating to exemptions from sales and use tax, so as to provide for a limited period of time an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide for procedures, conditions, limitations; to provide an effective date and sunset date; and for other purposes.

The bill proposes to exempt state sales and use tax on certain sales to a qualified job training organization that uses a majority of its revenues for job training and placement programs and is located in Georgia.

HB 935 – Harrell of the 106th

Amends Part 1 of Article 2 of Chapter 5 of Title 48 of the OCGA relating to exceptions from ad valorem tax, so as to add certain fulfillment centers to properties eligible for a freeport exemption; and for other purposes.

The bill proposes to add stock and trade of ‘fulfillment centers’ stored in the center to the list of qualifying finished goods for the level 1 freeport exemption.  Fulfillment centers are defined as a business location in Georgia which is used predominantly to pack, ship, store, or otherwise process tangible personal property sold by electronic, Internet, telephonic, or other remote means.

HB 936 – Harrell of the 106th

To amend Article 2 of Chapter 7 of Title 48 of the OCGA relating to the imposition rate, computation, and exemptions from income taxes, so as to clarify that certain terms in respect to the wages necessary to qualify for a jobs tax credit; and for other purposes.

The bill proposes to add a definition for ‘new full-time employee job’ in less developed areas of the state as a newly created position of employment that was not previously located in this state, requires a minimum of 35 hours a week, and pays at or above the average wage earned in the county with the lowest average wage earned in this state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor.

HB 937 – Representative Harrell of the 106th

Amends Code Section 48-8-3 of the OCGA relating to exemptions from sate sales and use tax, so as to change the sunset provision for the exemption for projects of regional significance; and for other purposes.

The bill proposes to extend the sunset for state sales and use tax exemptions from 2016 to 2019 for sales and purchases of tangible personal property used for and in the construction of a competitive project of regional significance.

HB 956 – Reeves of the 34th

Amends Article 2 of Chapter 7 of Title 48 of the OCGA relating to the imposition, rate, and computation of and exemptions from state income taxes, so as to create an income tax credit for certain expenditures by music, film, television, or interactive entertainment production companies related to the incorporation of a recorded musical performance that was written, created, arranged, recorded, or synchronized in this state into a state certified production; to provide for rules and regulations and an application process related to such income tax credit; to provide for certain conditions and limitations; and for other purposes.

The bill proposes to create the ‘Georgia Musical Recording and Synchronization Act’. 

HB 966 – Caldwell of the 131st

Amends Chapter 7 of Title 12 of the OCGA relating to the control of soil erosion and sedimentation, so as to provide for a buffer along all state waters to be measured outward from the ordinary high water mark and within which certain land-disturbing activities are prohibited; to provide for purposes and legislative intent; to provide for uniformity; and for other purposes.

The bill proposes to continue to require a 25 foot buffer along all state waters.  It also continues to require a 50 foot buffer along all state waters classified as ‘trout streams’. There are exceptions to both types of buffers.   The bill proposes that the width of buffers be measured outward from the ordinary high water mark rather than measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action.

SB 323 – Dugan of the 30th

To amend Chapter 18 of Title 50 of the OCGA relating to state printing and documents, so as to provide for public disclosure not to be required for any documents pertaining to an economic development project by any agency; and for other purposes.

The bill proposes to expand the confidentiality of documents which pertain to an economic development project until the economic development project is secured by binding commitment. Documents maintained by any state agency, not just those maintained by the Department of Economic Development.  ‘Economic development project’ means a plan or proposal to locate a business, or to expand a business, that would involve an expenditure of more than $25 million by the business or the hiring of more than 50 employees by the business.

SB 344 – Williams of the 27th

Amends Chapter 71 of Title 36 of the OCGA relating to development impact fees, so as to provide for development impact fees for education; to provide definitions; to provide for the manner of calculation, imposition, and collection of such fees; and for other purposes.

This bill is identical to HB 894 by Representative Dudgeon of the 25th.

SB 346 – Beach of the 21st

Amends Code Section 12-16-3 of the OCGA relating to definitions relative to the Environmental Policy Act so as to exempt projects for the construction or improvement of public roads from environmental effects reports in certain instances; and for other purposes.

The bill proposes to provide an exemption from environmental effects reports as it relates to land disturbing activities by a government agency or funded by a grant from a government agency by adding a new paragraph that states any project of a department, municipality, a county, or an authority to construct or improve a public road, provided that such project cost does not exceed $100 million and such project obtains no contribution from federal funds

SR 883 – Beach of the 21st

The resolution proposes to create the Joint Study Committee on Industry Incentives for Financial Technologies and the Payment Processing Industry.

Sixty percent of the financial transactions industry is housed in Georgia and over seventy percent of the payments processed in the U.S. are processed in Georgia; and 40,000 jobs are directly supported and an additional 40,000 jobs are indirectly supported by the payments processing sector known as ‘Transaction Alley’ in Georgia.  The joint committee will, among other issues,  review potential financial incentives that can provide the state with the necessary resources to continue to invest in this industry sector.

2016 Legislative Report 4

The General Assembly reconvened on Monday, February 1, 2016; Day 13 of the session, and adjourned week four on Thursday, February, 4, 2016; Day 16.

Budget

The Senate began work of the Amended FY-16 Budget.  The House began hearings on the FY-2017 budget.

Bills

Bills introduced during, or before week four of the session, that may be of interest to GEDA members are listed below.

HB 356 – Stephens of the 164th

Amends Title 48 of the OCGA relating to revenue and taxation, so as to provide for the ad valorem taxation of certain watercraft; to amend Title 52 of the OCGA relating to waters of the state, ports, and watercraft, so as to provide for the titling and registration of certain watercraft; to provide for legislative intent and findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

This is a 64 page bill.  The bill proposes to create a system for issuing titles for watercraft to deter theft; facilitate the ownership, transfer, and financing of watercraft; create a title ad valorem tax for watercraft, reduce the tax burden of watercraft ownership; and create a level playing field and fairness for the selling of watercraft by dealers, brokers, agents, private parties, and manufacturers.

HB 487 – Parsons of the 44th

Amends Chapter 8 of Title 48 of the OCGA relating to sales and use taxes, so as to provide for the comprehensive revision of sales and use tax provisions for all entities participating in the data center industry; to change and provide for definitions; to change and provide for exemptions; to provide for legislative intent and for other purposes.

The bill proposes to exempt the electricity and certain data center equipment purchased to provide data center services from the state sales and use tax.  The sale, use, storage, or consumption of eligible business property and electricity which is necessary and integral to an Internet data center in this state will be exempt from all sales and use taxation. The exemption will be implemented over four years. With 25 percent being phased in each year beginning on January 1, 2017 and reaching 100 percent on January 1, 2020. To qualify for the exemption, the company has to meet investment and job creation criteria to include at least $50 million in private investment.

HB 894 – Dudgeon of the 25th

Amends Chapter 71 of Title 36 of the OCGA relating to development impact fees, so as to provide for development impact fees for education; to provide definitions; to provide for the manner of calculation, imposition, and collection of such fees; to provide for related matters; and for other purposes.

The bill proposes to create the ‘Georgia Development Impact Fee Act’.  ‘High growth school systems’ would be authorized to collect education development impact fees to pay for a share of the cost of additional education facilities to serve new growth and development in the same area in which such fees are imposed.  To qualify, a school system must have experienced an increase in the number of students enrolled in the system of 15 percent or more over the immediately preceding five-year period; or experienced an increase in the number of students enrolled in the system of a least 10 percent over the immediately preceding four-year period and is projected over the next year to experience an increase in the number of enrolled students so that at the end of the following year the system is projected to have increased by 15 percent.   

HB 898 – Ramsey of the 72nd

Amends Chapter 8 of Title 48 of the OCGA relating to sales and use taxes, so as to change the rate and use of such taxes collected on aviation fuel and aviation jet fuel; to provide for related matters; to provide for an effective date; and for other purposes.

The bill proposes to exempt any state or local sales and use tax on the sale or use of aviation fuel beginning July 1, 2016.  Aviation jet fuel purchased and delivered within the state or stored within the state for use in aircraft operated by of for a qualifying airline at a qualifying airport (750,000 takeoffs and landings during a calendar year) will be subject to the tax only to the extent such fuel is consumed in the state in the operation of an aircraft.  Twenty percent of aviation jet fuel loaded into an aircraft whose first destination is a location outside of this state shall be deemed to be consumed in this state.  All fuel loaded into an aircraft whose first destination is a location within this state shall be deemed to be consumed in this state.

SB 320 – Watson of the 1st

Amends Article 2 of Chapter 5 of Title 40 of the OCGA relating to issuance, expiration, and renewal of licenses, so as to revise the exemptions afforded to nonresidents who have in their immediate possession a valid driver’s license issued to them in their home state or country; to provide for certain presumptions of validity of a driver’s license issued by the driver’s licensing authority of a foreign country; to provide for exceptions; and for other purposes.

The bill proposes to allow persons who are a nonresident of the state and possess a valid driver’s license issued for them in their home state or country meets the requirements of Code Section 40-5-21.3 for a valid nonresident driver’s license.

SB 323 – Dugan of the 30th

Amends Chapter 18 of Title 50 of the OCGA relating to state printing and documents pertaining to an economic development project by any agency; to provide for related matters; and for other purposes.

The bill proposes to extend to other state agencies and authorities confidentiality and public disclosure requirements presently given to the Department of Economic Development as it relates to an economic development project.

SB 326 – Jeffares of the 17th

Amends Chapter 7 of Title 12 of the OCGA relating to the control of soil erosion and sedimentation so as to shorten the time period for permit issuance or denial by local issuing authorities; to clarity qualification standards for erosion and sediment control plan designers and reviewers; and for other purposes.

The bill proposes to shorten the time that local governments have to issue or deny a request for a permit related to soil erosion and sedimentation from 45 days to 14 days.  The bill would also provide for different levels of training for individuals involved in land disturbing activities.

SB 330 – Beach of the 21st

Amends an Act known as the “Metropolitan Atlanta Rapid Transit Authority Act of 1965” so as to provide for a definition; to provide that transit oriented development and property of the Authority not used for transportation or rapid transit purposes shall be subject to local planning and zoning requirements of the Constitution of Georgia; to provide for procedures, conditions, and limitations for the imposition of an additional ½  percent retail sales and use tax; to provide for the selection and submission of rapid transit projects to be funded by the revenue of such tax; to provide for a limitation on the collection of a tax for transportation purposes in certain counties upon  imposition of an additional ½ percent retail sales and use tax; to provide for a referendum; to provide for an additional referendum under certain conditions; and for other purposes.

The bill proposes to authorize an additional ½ percent retail sales and use tax dedicated to funding rapid transit projects.  The additional tax levy can only be authorized following a majority vote of registered voters in of the territory of the local government electing to hold a referendum.

2016 Legislative Report 3

The 2016 General Assembly reconvened on Monday, January 25; Day 9 of the 40 Day session.  The Assembly recessed Thursday, January 28; Day 12.

The House and Senate adopted resolutions setting the calendar for adjournment (sine die) on Thursday, March 24, 2016. Monday, February 29 will be Day 30—cross-over day—when a bill must move from one chamber to the other to be considered for passage by both chambers.

Four current or past GEDA members chair Senate committees or fill a leadership position.  Senator Frank Ginn assumed the Chair of the Senate Natural Resources and Environment Committee following the resignation of Senator Tolleson.  Senator Brandon Beach assumed the Chair of the Senate Economic Development and Tourism Committee.  Senator Jeff Mullis remains Chair of the Senate Rules Committee.  Senator Steve Gooch is now the Senate Majority Whip and Vice Chair of the Senate Transportation Committee.

Before the start of the 2016 session of the General Assembly there were discussions about authorizing casinos, horse racing, and pari-mutuel wagering; continuing education reform and changes to funding; expanding the list of illnesses that could qualify for medical marijuana use; extending “religious freedom” protections; and expanding MARTA.  Bills have been introduced to address most of those issues during the first three weeks of the session.  

Budget

HB 750 - The House of Representatives passed the Amended Fiscal Year 2016 Budget.

Bills

A description of bills that may be of interest to GEDA members are listed below. 

HB 733 – Stephens of the 164th

Amends Article 3 of Chapter 13 of Title 48 of the OCGA relating to excise tax on rooms, lodgings, and accommodations, so as to reduce the amount of a certain fee imposed by innkeepers and to expand the types of innkeepers that must charge such fee; and for other purposes.

The bill proposes to reduce the $5.00 lodging fee authorized during the 2015 Session in HB 170.  The bill proposes to reduce the fee from $5.00 to $2.50 on any room, lodging, or accommodation rented or leased.   This expands the list of lodging providers that are subject to the fee.  The bill strikes the definition of extended stay rentals.

HB 734 – Representative Spencer of the 180th

Amends Titles 36, 41, and 51 of the OCGA relating to local government  nuisances and torts, respectively, so as to provide for the facilitation of space flight activities in this state; to provide for definitions; to prohibit local government regulation of noise associated with space flight operations; to provide that space flight operations shall not constitute nuisances under certain conditions; to limit the liability of space flight entities related to injuries sustained by participants who have agreed in writing to such a limitation; and for other purposes.

The bill proposes to remove barriers to space flight particularly as it relates to noise and limited liability.

HB 746 – Representative Benton of the 31st   

Amends Chapter 1 of Title 34 of the OCGA relating to general provisions relative to labor and industrial relations, so as to allow employees to use sick leave for the care of immediate family members; to provide for definitions; to provide for conditions to take leave and for other purposes.

The bill would apply to businesses that employ 10 or more employees as well as the State of Georgia and its political subdivisions.  The bill doesn’t mandate that businesses offer sick leave to employees, or if they do offer sick leave that they have to allow employees to use earned sick leave to care for immediate family members.  The use of sick leave by employees to care for immediate family members is limited to five days.  Employees must comply with the terms of the employer’s employee sick leave policy.

HB 749 – Representative Werkheiser of the 157th

Amends Code Section 50-8-34 of the OCGA relating to councils of regional commissions membership, terms, of membership, voting, officers, and powers, so as to authorize such councils to meet by teleconference or similar means; and for other purposes.

The bill proposes to allow Regional Commission Councils to use teleconference or similar means in the same manner as boards, bodies, and committees of state government.

HB 763 – Representative Houston of the 170th

Amends Article 1 of Chapter 8 of Title 48 of the OCGA relating to general provisions regarding the state sales and use tax, so as to remove the sunset for the exemption regarding certain food and food ingredients; and for other purposes.

The bill proposes to remove the June 30, 2016 sunset of the sales tax exemption for the sales of food and food ingredients to a qualified food bank.

HB 773 – Representative Houston of the 170th

Amends Chapter 26 of Title 50 of the OCGA relating to the Georgia Housing and Finance Authority, so as to increase the outstanding bond limit; to provide for related matters; to provide for an effective date; and for other purposes.

The bill proposes to increase the cap on one time bonds and notes for the single-family residential housing program from $1.3 billion to $5 billion.

HB 781 – Representative Raffensperger of the 50th

Amends Chapter 80 of Title 36, Article 1 of Chapter 2 of Title 45, and Chapter 1 of Title 50 of the OCGA relating to general provisions applicable to counties, municipal corporations, and other governmental entities; general provisions regarding eligibility and qualifications for public offices; and general provisions relating to state government, respectively, so as to require that individuals appointed to authorities, boards, councils, and commissions be United States citizens; to provide for other residency requirements; to provide for a definition; to provide for enforcement; and for other purposes.

The bill proposes to require that appointments to a ‘local governing body’ shall be a citizen of the United States and a legal resident of the local jurisdiction for 1 year immediately preceding the appointment.  It would also require that individuals appointed to serve on a state authority, board, council, or commission must be a citizen of the United States and legal resident of the state for 4 years immediately preceding the appointment.

HB 785 – Representative Dudgeon of the 25th

Amends Title 36 of the OCGA relating to local government so as to provide for the creation of townships; to provide a short title; to provide for the requirements for the creation of such townships; to provide for boards of township supervisors; to provide for officers, meetings, elections, and filling of vacancies for such township supervisors; to provide for certain immunities; to provide that property within such townships shall not be subject to municipal annexation; to provide for an audit; to provide for a transition of services; to provide that a county shall continue to provide services in the township that not specifically delegated by law to the township; and for other purposes.

The bill proposes to authorize by local act the creation of townships in the unincorporated areas of any county in this state.  The township must be composed of a single, contiguous geographical area wholly within one county containing at least 2,000 acres and minimum of 500 parcels of property that qualify for homestead exemption, and in which at least 10 percent of the total geographical area is used or is zoned for purposes other than residential uses.

HB 822 – Representative Coomer of the 14th

Amends Article 1 of Chapter 8 of Title 48 of the OCGA relating to sales and use tax, so as to provide for a change in a definition, to provide for related matters; to provide for an effective date; and for other purposes.

The bill proposes to define ‘energy used in agriculture’ as qualifying for a sales and use tax exemption.

HB 824 – Representative Alexander of the 66th

Amends Title 34 of the OCGA relating to labor and industrial relations, so as to require all employers to implement paid sick leave for employees; to provide for definitions; to provide for exceptions; to specify purposes for which paid sick leave may be taken  and the rate at which paid sick leave accrues; to require advance notice of intention to use sick leave under certain circumstances; to provide for verification of the need for sick time in certain circumstances; to provide for record keeping; to prohibit discrimination against an employee for inquiring about or using paid sick leave; and for other purposes.

The bill proposes to require that all employers implement paid sick leave for employees.

HB 840 – Representative Stephens of the 164th

Amends Title 12 and Title 27 of the OCGA relating to conservation and natural resources and game and fish, respectively, so as to change provisions relating to rules and regulations used to establish criminal violations; to authorize the grant of wildlife exhibition permits for use by the film industry; to provide for related matters; and for other purposes.

The bill proposes to allow for the purchase of a film production wildlife permit.  The permit authorizes the permit holder to transport, possess, or transfer wildlife for any permit purpose related to film production.  Possession of a permit shall not exempt the holder form any other local, state, or federal requirements.  The annual fee for a ‘resident film production wildlife permit’ will be $300.00, and the annual fee for a ‘nonresident film production wildlife permit’ will be $600.00.

HR 1017 – Representative Dudgeon of the 25th

Proposes an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local boards of education to impose, levy, and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The resolution proposes to allow local school systems that have had enrollment growth of at least 15 percent over the preceding five year period to impose, levy, and collect development impact fees within any area of its school system.  The proceeds of any development impact fee imposed shall be used to pay for a share of the cost of additional educational facilities to serve new growth and development in the same area in which those fees are imposed.  The development impact fees must be authorized by local act of the General Assembly.

HR 1051 – Representative Dudgeon of the 25th

Proposes an amendment to the Constitution as to provide that the General Assembly may provide by law for townships for the limited purposes of exercising the power of zoning and the regulation of land use development with the boundaries of such townships and provide for the funding and operation of such townships; to provide for submission of this amendment for ratification or rejection; and for other purposes.

The resolution proposes an amendment to the Constitution to allow for the creation of townships.

SB 252 – Senator McKoon

Repeals Code Section 48-13-50.3 of the OCGA relating to an excise tax on hotel and motel room rentals, so as to repeal such provision; to provide for an effective date; and for other purposes.

The bill proposes to repeal a section of the Hotel Motel Tax law that authorizes the collection of an excise tax on hotel and motel room rentals, including the $5 per night fee authorized in the 2015 transportation bill, HB 170.

SB 264 – Senator Beach of the 21st

Amends Title 20 of the OCGA relating to state government so as to provide for pari-mutuel wagering on horse racing; to provide for definitions; to provide for conditions for horse racing and pari-mutuel wagering; to provide for the regulation and operation of horse racing and pari-mutuel wagering; to provide for licensing of facilities and persons participating in horse racing and pari-mutuel wagering; to adopt the Interstate Compact on Licensure of Participants in Live Racing with Pari-mutuel Wagering; to prohibit certain conduct; to provide for penalties and for other purposes.

There are currently seven ‘religious freedom’ bills that have been introduced in the House and Senate.  The first bill, SB 129 was introduced last session by Senator McKoon and proposed to create the Religious Freedom Restoration Act (RFRA).  SB 284 by Senator Kirk would create the First Amendment Defense Act of Georgia (FADA). HB 756 by Representative Tanner would allow businesses to refuse services for marriage ceremonies by citing their religious beliefs. HB 757 by Representative Tanner creates the Pastor Protection Act.  HB 816 by Representative Mitchell would allow students to conduct voluntary prayer at, or before certain school events.  HB 837 by Representative Setzler would apply protections in the federal Religious Freedom Restoration Act of 1993 to Georgia courts.  HB 870 by Representative Strickland would prohibit schools from joining athletic associations that prohibit students from expressing their religious beliefs.

SB 280 – Senator Hill of the 32nd

Amends Title 48 of the OCGA relating to revenue and taxation, so as to provide for the revision of personal income tax rates; to eliminate itemized adjustments to Georgia taxable net income except for limited mortgagee deductions, charitable contributions, and medical expenses; to increase the personal exemption from state income tax; to repeal the corporate net worth tax; to provide that this Act shall to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for a short title; and for other purposes. The bill proposes to change the tax rates on taxable net income for person’s filing an individual tax return, married persons filing separately, and head of household and married persons filing a joint return. It would also lower the income tax rate to 5.4 percent of all taxable net income for the applicable taxable year beginning January 1, 2017.  The bill proposes to increase dependent exemptions.

SR 724 - Senator Ligon of the 3rd

Proposes an amendment to the Constitution so as to provide that the General Assembly may provide by law for the creation of townships for the limited purposes of exercising the power of zoning and the regulation of land use and development within the boundaries of such townships and provide for the funding and operation of such townships; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 756 – Senator Hill of the 32nd

Proposes an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain appropriations Acts; to provide for procedures, conditions, and limitations; to provide for the authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The resolution proposes to reduce state personal income tax rates to 5 percent over several years based on revenue deposited in the general fund that exceeds $23 billion annually.

SR 675 – Senator McKoon of the 29th

Proposes an amendment to the Constitution  to declare English as the official language of the State of Georgia; to provide for findings; to provide that official state actions be in English; to prohibit any requirement that any language other than English be used in any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications; to prohibit discrimination, penalties, or other limits on participation against persons who speak only English; to provide for exceptions; to provide for certain rights of action; and for other purposes.