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Legislative
Update
The
General Assembly met for days 36-38 last week. As a reminder, the
adjournment resolution, which contains the full calendar can be found here.
This week will be the final week of session for the 2017-2018 biennial.
Noteworthy
Items:
·
The Senate finished work on the FY19 budget Friday. A conference
committee will now work out differences on the budget bill. Highlights
from the Senate-passed version of the bill include:
o $160 million to boosting K-12
graduation rates, college accessibility, and career training programs,
including $35.6 million increase to the Zell Miller College Scholarship
fund and $12 million to expand Georgia’s College & Career Academy
network;
o Over $16 million towards children’s
mental health programs, including $10.3 million for psychiatric crisis
centers, $2.4 million for mental health care for foster children, and $1
million for suicide prevention programs;
o $3.875 million toward improving our
statewide healthcare system, including $1.5 million toward Georgia’s
Health Coordination and Innovation Council, $375,000 for the Rural Health
System Innovation Center, and over $2 million toward the creation of more
than 100 new residencies and preceptorships for doctors and nurses;
o $7.5 million to combat the statewide
opioid and addiction epidemic, including $3.5 million toward a statewide
drug task force and $4 million toward local community grants for
substance abuse centers;
o $10 million to improve school safety
through local community grants and $1.6 million for student mental health
awareness training;
o Over $1.2 million for rural Georgia,
including $737,000 for rural economic development and $858,000 for the
Center for Rural Prosperity and Innovation.
·
Work on broadband legislation continued with the House passing its
version of SB402, which:
o gives EMCs statutory authority to offer
internet services;
o calls for the state to map all of the
census blocks to determine which areas should be eligible for broadband
subsidies;
o authorizes GDOT to lay fiber in public
rights of way and then lease them to internet service providers;
o establishes a broadband fund to help
subsidize the expansion of broadband to needed areas (but does not fund
it).
·
The House and Senate will now conference on broadband legislation. For
now, the issue of small cell technology is not included in this
comprehensive broadband bill, but exists in separate legislation.
·
Former Governor and U.S. Senator Zell Miller passed away on Friday, March
23, at the age of 86. There will be 3 days of services, all of which are
open to the public:
o Monday, 3/26 at 10 am – a public
memorial service on the campus of Young Harris College;
o Tuesday, 3/27 at 11 am – a celebration
of life service at Peachtree Road United Methodist Church. At the
conclusion of the service, Governor Miller and family will travel to the
state Capitol, where he will lie in state in the Rotunda of the Georgia
State Capitol for the remainder of the day;
Wednesday,
3/28 at 11 am – the Executive State Funeral at the Capitol Rotunda.
Bill Tracking:
Note: Bills added for the first
week are italicized. Movement on bills highlighted in red.
HB59
– Historic Tax Credits
Bill
Sponsor:
Rep. Ron Stephens (R-Savannah)
Bill Status: Senate Recommitted on 1/8/18; on 3/19 Senate Finance favorably passed as a substitute
Summary: The bill provides tax credits against state income taxes
for the rehabilitation of historic structures, and provides re-approval
of additional tax credits for current recipients of credits. The taxpayer
will be allowed a tax credit against the tax imposed at such time as the
certified rehabilitation is completed. An applicant seeking to claim a
tax credit will submit an application to the GA Dept. of Community
Affairs for pre-approval.
HB61
– Internet Sales Tax bill
Bill
Sponsor:
Rep. Jay Powell (R-Camilla)
Bill Status: Passed House; Passed Senate Finance
Summary: This bill was attached to HB329 and passed out of Senate
Finance. It would create an economic nexus test to determine whether an
online retailer is responsible for collecting and remitting sales tax. If
the online retailer either (1) does a certain dollar amount in sales each
year ($250,000) or (2) transacts a certain number of sales each year
(more than 200), that online retailer will be required to collect and
remit sales tax. The goal is to create parity for bring and mortar
retailers in communities across GA.
HB118
– Fantasy Contests Act
Bill
Sponsor:
Rep. Trey Kelley (R-Cedartown)
Bill Status: Senate Recommitted on 1/8/18; reffered to Ways &
Means Committee; Senate took from table & referred to
Regulated Industries; passed committee
Summary: Provides for the licensing, registration, regulation, and
taxation of fantasy contest operators. The bill creates the Registered
Fantasy Contest Operators Act. Fantasy contest operators must register
with the Commissioner of the Dept. of Revenue. A fantasy contest operator
must pay an annual registration renewal fee and 6% of the fantasy contest
operator’s gross fantasy contest revenues for the preceding 12 months.
The registration application is exempt from public disclosure unless
challenged in the courts.
HB205
– Regulation of Exploration & Extraction of Oil and Gas
Bill Sponsor: Rep. John Meadows (R-Calhoun)
Bill Status: Passed House & Senate; went to conference
committee; 1/29 House conference committee
adopted; 3/9 Senate conference committee report adopted; 3/9 Senate conference committee report adopted
Summary: Provides for regulation of the exploration and extraction
of gas and oil; provides the authority to create an Oil and Gas Board;
requires development of rules and regulations related to drilling and
extraction; amends provisions relating to drilling permits; increases the
amount of bond security for drilling operations; provides for the
authority of local governments; and to impose a severance tax on the
extraction of oil and gas. The bill also defines ‘hydraulic fracturing.’
HB225
– Licensing & Sales Tax Exemption for Ride Share Networks
Bill
Sponsor:
Rep. Jay Powell (R-Camilla)
Bill Status: Senate Recommitted 1/8/18
Summary: Repeals an inoperable sales tax exemption related to ride
share networks and imposes collection and remittance of sales taxes on
certain persons that facilitate or broker and accept or process payment
for certain sales. Individuals that utilize ride sharing networks would
be required to pay a 4% sales tax for each trip.
HB257
– Local Government Authorities Reporting Requirements
Bill
Sponsor:
Rep. Jan Tankersly (R-Brooklet)
Bill Status: passed House; favorably
reported Senate Government Affairs Committee; Passed the Senate
Summary: Consolidates reporting requirements to the Department of
Community Affairs for local government authorities.
HB329
– Personal Income Tax
Bill Sponsor: Rep. Jay Powell (R-Camilla)
Bill Status: Passed House & Senate; went to conference committee
Summary: Modifies the rate of tax imposed on the Georgia taxable
net income of individuals; provides for an inflationary index rate;
adjusts the amounts of the personal exemptions and standard deductions
based on the inflationary index rate; and provides for a non-refundable
earned income tax credit. The current Georgia taxable net income rate of
one to 6% of taxable income would be removed from GA Code and replaced
with one rate of 5.4%. *Note: This is a potential vehicle for any
additional tax policy this session.
HB658
– Excise Tax on Rooms, Lodging, & Accommodations
Bill
Sponsor:
Rep. Earl Ehrhart (R-Powder Springs)
Bill Status: referred to Ways and
Means; 1/24 committee hearing; 1/31 passed House; referred to Senate Finance
Committee; 3/19 Senate Finance
favorably reported
Summary: To remove the sunset date on the collection of excise tax
on rooms, lodging, & accommodations.
HB735
– Railroad Tax Credit
Bill Sponsor: Rep. Patty Bentley
Bill Status: House Second Readers; Referred to House Ways &
Means; passed Committee by
substitute; passed House; referred to Senate Finance
Committee; 3/19 Committee favorably
reported by substitute; 3/23 Senate passed by Substitute
Summary: To create an income tax credit for expenditures on the
maintenance of railroad track owned or leased by a Class III railroad.
HB843
– Military Zone Expansion
Bill
Sponsor: Jason
Shaw (R-Lakeland)
Bill Status: passed House; referred to Senate Economic
Development; favorably reported out of
committee; 3/21 passed Senate
Summary: To allow any publicly owned industrial park in a county
with a military base that employs at least 5000 personnel to have census
tracts within those industrial parks qualify for military zone status.
HB887
– GA Communications Services Tax Act
Bill Sponsor: Rep. Jay Powell (R-Camilla)
Bill Status: referred to Ways & Means; passed House; referred to Senate Regulated Industries
Committee; 3/19 Senate favorably
reported as a substitute
Summary: To create the “Georgia Reverse Auction Broadband
Deployment Program”; to allow municipal corporations to provide broadband
service; to create “Broadband Ready Communities”; to allow EMCs to
provide broadband service; eliminates franchise fees; amends communications
services tax; limits pole attachment rates.
HB888
– Freeport Exemptions
Bill
Sponsor:
Rep. David Knight (R-Griffin)
Bill Status: referred to Ways & Means Committee; passed Committee; passed House; referred to Senate
Finance; passed Committee; passed Senate
Summary: To create uniform timelines for filing and responding to
applications for freeport exemptions.
HB918
– Georgia Tax Reform
Bill
Sponsor: Rep. Chuck Efstration (R-Dacula)
Bill Status: Referred to Ways & Means;
passed Committee; passed House; passed Senate; Governor signed
Summary: To double the standard deduction, lower the income tax
rate for individuals and businesses, and eliminate the sales tax on jet
fuel.
HB951
– Center for Rural Prosperity & Innovation
Bill Sponsor: Rep. Jason Shaw (R-Lakeland)
Bill Status: Passed House; referred to Senate Economic Development
& Tourism Committee; favorably reported out
of committee
Summary: To establish the Center for Rural Prosperity and
Innovation, to incorporate the Centers of Innovation Agribusiness in the
Department of Economic Development, and to provide for the incorporation
and structure of a new Georgia Rural Development Council. The Center for
Rural Prosperity will be within a university that is part of the
University System of Georgia, outside Atlanta, and that offers BS degrees
in rural community development
HR1076
– Resolution on Port Funding
Bill
Sponsor:
Rep. Bill Hitchens (R-Rincon)
Bill Status: Referred to Economic Development & Tourism
Committee; passed House
Bill Summary: A resolution urging the federal government to
provide port funding.
HR1091
– House Study Committee on Athens-Atlanta Transportation Link
Bill Sponsor: Rep. Deborah Gonzales (D-Athens)
Bill Status: referred to Transportation Committee
Summary: Create a study committee to study an Athens to Atlanta
rail line
SB2
– The Fairness, Accountability, Simplification, and Transparency –
Empowering Our Small Businesses to Succeed (FAST) Act
Bill
Sponsor:
Sen. Mike Dugan
Bill Status: House withdrawn; Recommitted; referred to House Small Business Development
Committee; passed committee as a substitution 2/15; failed House vote;
motion to reconsider; House reconsidered & passed a substitute
bill; Senate disagreed with House sub – goes to conference; 3/21 House insisted
Summary: The bill would establish a new voluntary certification
program at the Department of Community Affairs called “Ready for
Partnership Georgia,” governing the permitting process and permitting
fees. Communities can voluntarily participate.
SB3
– Creating Opportunities Needed Now to Expand Credentialed Training
(CONNECT) Act
Bill
Sponsor:
Sen. Lindsey Tippins
Bill Status: Passed House & Senate; went to conference
committee; Senate Conference Committee
Report adopted
Summary: Requires the State Board of Education to prescribe a
minimum course of study in career education for students in grades 6-12.
The course of study should include career exploration and career-oriented
learning experiences that include participation in work-based learning
programs like internships, apprenticeships, cooperative education, or
employability skill development; and rigorous industry credentialing.
SB
6 – Georgia Regional Transit Council
Bill Sponsor: Sen. Steve Gooch
Bill Status: House withdrawn; recommitted
Summary: Creates the Georgia Regional Transit Council that will be
attached to the Dept. of Transportation for administrative purposes. The
Council is created to develop a state-wide strategic transit plan with
the guidance of a recognized industry leader in delivering transit
strategy for multijurisdictional entities that emphasizes first-mile and
last-mile services, the development of a seamless transportation network
with dependable trip times for commuters, the enhancement of limited
access highways, road congestion relief, safety enhancements, and plans
for a future of transportation innovations.
SB17
– The “Brunch Bill”/ The “Mimosa Mandate”
Bill
Sponsor:
Sen. Renee Unterman
Bill Status: Passed Senate Regulated Industries Committee as a
substitute; passed Senate; referred to
House Regulated Industries Committee; favorably reported out of
committee; House passed
Summary: To let local voters decide whether restaurants can serve
alcohol and retail stores can serve beer and wine at beginning at 11 am
on Sundays.
SB191
– Petroleum Pipelines
Bill
Sponsor:
Sen. Rick Jeffares
Bill Status: House withdrawn; Recommitted to Natural Resources
Committee; 3/15 favorably reported out of
committee; 3/23 House postponed
Summary: Requires that on or after July 1, 2017, any construction
of a new petroleum pipeline or an extension in this state requires a
permit from the Director of EPD regardless of whether the petroleum
pipeline company intends to exercise any power of eminent domain. The
Director will conduct hearings to determine whether the location and
construction of the portion of the petroleum pipeline for which the
permit is sought are consistent with, and not an undue hazard, to the
environment and natural resources of this state.
SB328
– Repealing Tax Credits
Bill
Sponsor:
Sen. John Albers
Bill Status: 1/24/2018 Passed Senate Finance; Passed
Senate; referred to House Ways & Means Committee; 3/9 favorably reported out of committee; 3/15 House
postponed; 3/19 House adopted by substitute; 3/21 Senate agreed
with House substitute
Bill Summary: This legislation is a result of Sen. Albers’ study
committee examining the current tax credits in Georgia. This study
committee met numerous times in 2017 and issued its final report in
December ’17. The report suggested that the General Assembly repeal three
tax credits for Federal Qualified Transportation Fringe benefits, private
driver education, and diesel particulate emission reduction technology
equipment. SB328 aims to repeal all three of these credits. Revenue
related bills have to originate in the House but we anticipate the Senate
attaching the repeal of these tax credits to another tax bill.
SB386
–ATL Commission
Bill Sponsor: Sen. Brandon Beach
Bill Status: Referred to Transportation Committee; passed Committee; passed Senate; referred to House
Transportation Committee; favorably reported out of committee
Summary: To provide an exception to the ceiling on local sales and
use taxes; to provide for the imposition of a transit special purpose
local option sales and use tax within special districts; to create the
Atlanta-region Transit Link “ATL” Commission.
SB402
– Achieving Connectivity Everywhere (ACE) Act
Bill Sponsor: Sen. Steve Gooch
Bill Status:
Referred to Regulated Industries Committee; passed Senate; referred to House Ways & Means Committee; merged SB232 into this bill in committee, merged SB232
into this bill in committee
Bill Summary:
Allow GDOT to enter into public-private partnerships to deploy broadband
statewide; create a broadband grant program at DCA; create “Broadband
Ready Community” designations via DCA; require local governments to
incorporate broadband deployment in comprehensive plans and service
delivery strategies.
SB426
– Broadband Infrastructure Leads to Development (BILD) Act
Bill
Sponsor:
Sen. Steve Gooch
Bill Status: Referred to Regulated Industries Committee; passed
Senate; referred to House Energy, Utilities
& Telecomm Committee; favorably reported out of committee as a
substitute; 3/23 House passed as substitute; Senate disagreed;
House insisted; Senate appointed Senators Gooch, Kennedy, and Albers as
conferees; House appointed Representatives Jay Powell, England, and Sam
Watson as conferees
Summary: To streamline the deployment of wireless broadband in
public rights of way by limiting the ability of local governments to
prohibit, regulate, or charge for use of public rights of way under
certain circumstances.
SB432
– Georgia Tax Credit Business Case Act
Bill
Sponsor:
Sen. John Albers
Bill Status: Referred to Senate Finance Committee; passed Senate;
referred to House Ways & Means; 3/23
committee favorably reported as a substitute
Summary: To review, starting in 2018, various tax credits and
exemptions, through the year 2025
SB460
– Rebrand MARTA as “The ATL”
Bill
Sponsor:
Sen. Brandon Beach
Bill Status: Referred to Transportation Committee; passed Committee;
passed Senate; referred to House Transportation
Committee
Summary:
Companion bill to SB386 (and will only move forward if SB386 moves
forward) that amends the MARTA Act of 1965 to provide for the adoption of
a logo and brand of the term “ATL” for all MARTA trains and buses on or
after January 1, 2023; and clarifies the responsible parties for debt in
relation to the issuance of bonds.
SR502
– High Speed Rural Broadband
Bill Sponsor: Sen. Steve Gooch
Bill Status: referred to Rules Committee;
Passed Senate
Bill Summary: A resolution encouraging Congress and federal
agencies to develop policies and funding sources to help bring high-speed
broadband access to Rural America.
SR613
– English as Official Language
Bill
Sponsor:
Sen. David Shafer
Bill Status: Senate Hopper; Referred
to Rules Committee
Bill Summary: A resolution proposing an amendment to the
Constitution so as to declare English as the official language of the
State of Georgia.
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