ACCG Legislative Update page 1
Legislative Update
Volume 20, Number 13– May 4, 2010
2010 Session of the General Assembly Ends
The Georgia General Assembly wrapped up the 2010 Legislative Session on Thursday, April 29, bringing to close the longest legislative session in the history of the state!
Much of this year’s session focused on the challenges before the Governor and the General Assembly to balance the state budget. In the end, the legislators passed a $17.9 billion budget – down nearly $3 billion from just three years ago. The ACCG policy staff monitored the appropriations hearings and worked on key funding issues, such as making sure that funding indigent defense was not shifted back to counties and that funding for the Forestland Protection Act tax credit was included in the budget. For more information on the final state budget, see the summary on page 12 or click here.
ACCG also made much progress on the 2010 Legislative Priorities as outlined in the County Platform: 1) transportation funding; 2) fiscal accountability and 3) local sales tax collections. After more than three years of debate, the General Assembly passed legislation that outlines a process for funding transportation infrastructure, including a one percent regional T-SPLOST. ACCG also made great strides in the area of fiscal accountability through the passage of HB 1055, which raised many of the fees for services provided by the courts and sheriff’s office with funding retained by the counties to support court operations. Lastly, the pilot project between ACCG and the Department of Revenue to help identify uncollected sales tax by comparing DOR information to county business occupation licenses paid great dividends, resulting in legislation that will now allow counties to submit information to the state to verify if businesses are paying state and local sales taxes.
In addition to these county priorities, important legislation also was passed in property tax reform, water conservation and other key areas. Please review the summary of legislation below for more information on the 2010 General Assembly session. ACCG will distribute a final report once the 40 days that the Governor has to sign or veto the bills has expired.
ACCG thanks all the commissioners and county staff that supported our legislative agenda this year by meeting with legislators and making personal contact through phone calls and emails. County officials serve as a critical component of the ACCG legislative network. Your involvement helped ACCG stop or modify several bills that would have been detrimental to local government.
Bills Passed
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ECONOMIC DEVELOPMENT & TRANSPORTATION
[Staff: Matt Hicks]
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HB 277Regional Transportation Sales Tax
(Conference Committee Report)
This legislation allows for a one percent transportation sales tax approved regionally. The referendum to approve the tax is scheduled statewide, except in regions that opt out, in July 2012. Regions are based on regional commission boundaries and unique lists of projects will be developed in each region based on state priorities and local input. A new regional roundtable made up of county chairs and a mayor from each county will be set up this fall. The roundtables will meet to approve a project list or may decide to opt out of the tax. Voters may also reject the tax in their region. However, minimum match requirements for drawing down state dollars will be higher in regions that opt out or where voters do not approve the tax. A percentage of the overall funds raised in each region (15% in metro Atlanta; 25% in every other region) will be returned directly to counties and cities based on a modified LARP formula for discretionary transportation projects. In addition to the regional sales tax, a statewide human services transportation coordinating council and a metro Atlanta transit study commission are established.For a detailed summary, click here.
HB 396Remove Citation Reporting Fee
(Rep. Tom Graves, 12th)
This legislation is a Georgia Department of Driver Services bill. ACCG opposed Section 10 of the bill, which made the 40 cent per electronic report counties receive when transmitting citation reports to the Georgia Department of Driver Services subject to appropriations by the General Assembly. No funds were appropriated for this purpose in the FY10 or FY11 budget. In FY08, counties and cities received approximately $400,000, which was intended to cover the costs of complying with this mandate.
HB 1023Jobs, Opportunity, and Business Success Act of 2010; enact
(Rep. Tom Graves, 12th)
This bill offers a number of state tax cuts and credits to businesses. It waives business registration fees for one year at the Secretary of State's office. It provides companies with a quarterly credit towards their unemployment tax for each employee hired that is receiving state unemployment benefits. It gives employers a $2400 income tax credit for every unemployed person they hire and keep on the job for 24 months. This bill eliminates the net worth or intangible tax. It also provides a 50-percent reduction in the Capital Gains Tax once the state revenue shortfall reserve fund is at least $500 million. An income tax credit of up to 50% of an investment made in small or start up Georgia businesses with 20 or fewer employees is provided to investors.
HB 1174GDOT Truck and Weight Limit Bill
(Rep. Jon Burns, 157th)
This GDOT bill amends state law to conform with federal law by increasing the maximum length of certain tractor semitrailers from 75 feet to 97 feet and allowing a modular unit transporter to carry two modular housing units if it meets certain requirements. The bill also amends weight limit laws. If a weight limit citation is issued on a superload plus permit, the penalty assessed is only based on the excess weight greater than that allowed by the permit. The bill provides trucks that have idle reduction technology an exemption from any penalty incurred due to the weight caused by the technology. HB 1174 would allow law enforcement to use radar as evidence on state roads with variable speed limits.
HB 1195Create the Georgia Workforce Investment Board/Georgia Work Ready in Statute
(Rep. Terry England, 108th)
To ensure Georgia Work Ready continues after 2010, HB 1195 creates the Georgia Workforce Investment Board in statute. The board is tasked with assisting the Governor in the development of an annual state workforce development strategic plan to be implemented through Georgia Work Ready. Other duties include establishing performance standards and benchmarks, providing guidance on the strategic plans of local workforce investment boards, establishing local workforce investment areas, establishing one-stop development centers, developing allocation formulas for distribution of funds to local areas and preparing an annual report for the United States secretary of labor.
HB 1251Give Sales Tax Refund to Tourism Operations
(Rep. Cecily Hill, 180th)
This bill allows companies engaged in approved tourism operations to receive a refund of their sales and use taxes - both state and local - for a period of ten years after the commencement or expansion of an approved tourism activity. The total refund allowed is the lesser of the entire sales and use tax liability of the company or 25% of approved costs. The Georgia Department of Economic Development, along with the county or city in which the project is located, determines which companies and projects are approved.
HB 1393Extend Motor Fuel Tax Exemption for Transit
(Rep. Roberta Abdul Salaam)
HB 1393 extends for two years the motor fuel tax exemption that county transit systems currently enjoy.
SB 17Ethics Reform Bill
(Sen. Seth Harp, 29th)
The substitute to SB 17 provides for numerous changes to the state ethics laws. These include requiring county officials to electronically file campaign contribution reports and personal financial disclosure reports with the State Ethics Commission. For a detailed summary, click here.
SB 305Increase Use of Design-Build and Create Intermodal Division at GDOT
(Sen. Jeff Mullis, 53rd)
This bill doubles the amount of projects that GDOT can let under the design-build delivery method to 30 percent of the total amount of construction projects awarded in the previous fiscal year through July 1, 2014. After that, it reverts to 15 percent. The bill was amended to also create an intermodal division at GDOT.
SB 354Allow Abandonment of County Roads if in Best Public Interest
(Sen. David Shafer, 48th)
Under current law, county roads can only be abandoned by the board of commissioners when no substantial public purpose is served by the road. However, this bill would also allow commissioners to abandon a road when they determine that it is in the public's best interest to do so.
SB 374Create Legislative Economic Development Council
(Sen. Chip Pearson, 51st)
This bill creates a legislative council to evaluate the state's overall economic development strategy and oversee its effectiveness. The council has the authority to study the budgets, programs, and policies of state or local governing entities involved in economic development. There is a five-year sunset on the council.
SB 456Allow County Officials to Serve on DDA Boards
(Sen. Jeff Mullis, 53rd)
This bill removes the restriction prohibiting county and city officials from serving on the Board of Directors of Downtown Development Authorities that are designated as an urban redevelopment agency.
SB 458Require Seatbelt Use in Trucks
(Sen. Don Thomas, 54th)
This bill requires people in pick-up trucks, SUVs, and vans to wear a seatbelt unless they are using the vehicle in farming operations.
SB 519Allow Local Governments to Regulate Use of Golf Carts at Night
(Sen. Jeff Mullis, 53rd)
This bill allows local governments to regulate the use of golf carts after dark and establish minimum equipment requirements. It also allows golf carts or landscape type vehicles to operate on public roads within residential areas if the speed limit is less than 35 miles per hour.
SB 520GDOT Board Recall and Transportation Funding Bill Clean Up
(Sen. Jeff Mullis, 53rd)
This bill allows GDOT Board Members to be recalled by the legislative caucus that appointed them. It also contained "clean up" amendments to HB 277 (transportation funding). Among those included provisions to ensure consolidated governments were treated equitably on the new regional roundtables and certain definitions were clarified.
SR 821Allow GDOT to Let Multi-Year Projects
(Sen. David Shafer, 48th)
This constitutional amendment gives the Department of Transportation an exception to the constitutional requirement that state agencies have "cash-in-hand" prior to letting contracts. The department could enter into multi-year construction agreements and rely on future anticipated funds to pay for future phases of projects.
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GENERAL COUNTY GOVERNMENT
[Staff: Todd Edwards]
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HB 122Locals to Report Annual Audits and Budgets
(Rep. Edward Lindsey, 54th)
This bill requires local governments to send, via electronic PDF file, their annual budgets and audits to the Carl Vinson Institute of Government to be posted on a centralized website. Counties will have up to 30 days to submit their budget once it is adopted.
HB 169Georgia GIS Advisory Council
(Rep. Earl Carter, 159th)
This legislation requires the DNR to establish the Georgia Geospatial Advisory Council to audit Georgia's GIS capabilities at the county, regional and state level. The Council shall make recommendations to the General Assembly on how to move forward in achieving governmental GIS interoperability for the benefit of Georgia citizens in the areas of floodplain management and notification, service delivery, transportation, public safety and economic development, among others.
HB 516Can't Restrict Industrialized Homes
(Rep. Jay Roberts, 154th)
This bill prohibits counties and cities from treating industrialized buildings any differently from buildings constructed on site so long as the former is designed and constructed in compliance with the state minimum standards codes. All zoning, land-use, setback, subdivision regulation and architectural and esthetic requirements are reserved to the local government, but no ordinances can apply strictly to industrialized homes that don’t apply to stick-built.
HB 867Create the Commission on Regional Planning in Statute
(Rep. Ron Stephens, 164th)
This bill codifies the Commission on Regional Planning created through Executive Order in 2009. The Commission is responsible for managing the relationship between the state and regional commissions. It will coordinate state contract terms, identify appropriate funding, coordinate planning of state and federal resources and identify issues and opportunities requiring state, regional, or local action. The makeup of the board is included in the bill.
HB 1007Sale of Personal Property to Employing Political Subdivision
(Rep. Doug Holt, 112th)
This bill increases the value of personal property that an employee, appointed officer, or elected officer of a political subdivision may sell to his/her employing political subdivision from $200 to $800.
HB 1106Animal Shelters Must Scan for Microchips
(Rep. Gene Maddox, 172nd)
This bill requires an animal shelter to scan an animal for a microchip and, if one is found, make a reasonable effort to contact the owner before euthanasia. Shelters and their employers shall not be liable for failing to detect a microchip or contacting the owner, and they are not required to scan vicious or dangerous animals.
HB 1196Prohibit Counties from Requiring Fire Sprinklers in Homes
(Rep. Terry England, 108th)
This bill prohibits both state and local governments from adopting building codes requiring fire sprinklers to be installed in single family dwellings or duplexes.
HB 1279Legislative Council, Office of; softbound volumes of Georgia Laws; repeal certain requirements
(Rep. Wendell Willard, 49th)
This bill reduces the number of “Georgia Laws” or session law books published year containing all of the bills and resolutions passed by the General Assembly. This bill also requires a local referendum to be sent by the Secretary of State to the election superintendent and board of commissioners within sixty days after it is approved.
SB 283New Tax Commissioners Ineligible for Employees' Retirement System
(Sen. Bill Heath, 31st)
Tax commissioners who go into office on or after July 1, 2010 would be ineligible to participate in the Employees' Retirement System of Georgia.
SB 339Allow Utility Contractors to Bid on Projects without General Contractor License
(Sen. Mitch Seabaugh, 28th)
This legislation makes it unlawful for a county to refuse to allow a properly-licensed utility contractor to bid on a utility project simply because the utility contractor does not also have a general contractor license.
SB 384Mobile Home Age Restrictions
(Sen. John Bulloch, 11th)
Under this bill, local governments cannot prohibit manufactured homes from coming into their communities (or being moved within) based solely on their age. However, counties and cities are allowed to set health and safety regulations and mobile homes will have to abide by all local zoning and land use ordinances.
SB 432'Advanced Broadband Collocation Act'
(Sen. Lee Hawkins, 49th)
This bill is a direct result of a compromise ACCG worked out with GMA and wireless providers following our opposition to SB 192 last session. In order to encourage collocations over building new cell towers, SB 432 provides a streamlined collocation process whereby wireless providers are able to make modifications to their equipment on existing towers, or collocate equipment on an existing tower, without going through an entire rezoning or additional special land use permit. The streamlined process would be available so long as the collocation does not increase the height or width of the tower, does not increase the footprint of the accessory equipment and does not exceed applicable weight limits of the tower. Wireless companies still have to comply with any applicable site plan and building permit requirements set on the existing tower and would have to comply with zoning and land use requirements generally, including any conditions placed on the use when initially approved -- and any subsequently-adopted amendments to such conditions of approval. Lastly, mirroring a recent FCC requirement, counties are now subject to a 90-day shot clock during which time they have to act on a collocation or modification permit application. The county has the first 30 days to determine whether the application is complete. If it is not, the 90-day shot clock stops until all enumerated documentation is submitted to the county.
SB 447 Preference to in-state contractors and builders when it does not impair quality and cost considerations
(Sen. John Bullock, 11th)
This bill requires anyone who contracts with the county for the physical performance of services to supply the county with the identity of any and all subcontractors along with their sworn E-Verify affidavits and provides a penalty on contractors and subcontractors for noncompliance.It further requires the Department of Labor to provide 100 audits per year on public employers and contractors to ensure compliance with the E-Verify requirements, subject to available funding. ACCG supported this legislation.
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