Legislative Bill Tracking: Week 7

House Bills

House Bill 4

Taxes to be Current on Conservation Property
Sponsor: Rep. Jason Spencer (R)
House Committee: Ways & Means
Status: House Second Readers
This bill would prevent an owner of a covenant for conservation use property from doing so until he or she has paid all taxes on the property for which the current use assessment is sought.  The author has indicated he will not be pursuing the Bill any further.
Council Position: Opposed
 
House Bill 39: Notifications of Convictions of Certain Offenses for Appraisers
Sponsor: Alan Powell (R)
House Committee: Regulated Industries
Senate Committee: Regulated Industries and Utilities
Status: In Committee
This bill would require real estate appraisers to notify their governing board within ten days from the date of a finding or verdict of guilty to a charge of felony or any crime involving moral turpitude instead of notifying the board immediately upon such a conviction.  Furthermore, this bill gives the board the choice as to whether to revoke the appraiser’s accreditation, to impose other disciplinary action, or to impose no sanction at all.

This bill also gives such appraiser the opportunity to have a hearing concerning the conviction, however, such a hearing must be requested in writing to the board for a hearing during that 60-day period.  However, if an appraiser fails to make a written request for a hearing during the 60-day period after the conviction, then the board, upon discovery of the conviction, shall have the option of revoking the appraiser’s appraiser classification without the appraiser being entitled to a hearing.

Council Position: Support

Passed House: 163-0

House Bill 41: Amendment to Licensing for Architectures
Sponsor: Brett Harrell (R)
House Committee: House Passed/Adopted By Substitute
Status: Passed by Substitute
This bill helps to expedite the certification program for new architects by allowing an aspiring architect to be certified through an Integrated Path to Architectural Licensure option within a National Architectural Accrediting Board accredited professional degree program in architecture, along with practical experience the board deems appropriate.
Council Position: Support
Passed House: 170-1

House Bill 55: Term Limits for Members of Professional Licensing Boards
Sponsor: Rick Williams (R)
House Committee: Regulated Industries
Status: In Committee
HB 55 would limit any member of a professional licensing board appointed to a term beginning on or after July 1, 2017 to a term of eight consecutive years.
Council Position: Neutral

House Bill 59: Revenue and Tax Credits for Rehabilitation of Historic Structures
Sponsor: Rep. Ron Stephens (R)
House Committee: Ways & Means
Status: House Second Readers
This legislation will modify Georgia’s existing historic structures tax credit by eliminating the caps on non-residential structures and by making the tax credit easier to transfer.
Council Position: Evaluating

House Bill 73: Tax Incentives to Promote the Revitalization of Rural Georgia Downtowns
Sponsor: Rep. Penny Houston (R)
House Committee: Ways & Means
Senate Committee: Finance
Status: Senate Read and Referred
This legislation would provide a series of tax credit incentives to promote the revitalization of vacant rural Georgia downtowns.
Council Position: Support

House Bill 87: Extends the Period a Business Stays Registered with the Secretary of State
Sponsor: Rep. Brad Raffensperger (R)
House Committee: Small Business Development
Status: House Second Readers
This bill allows the Secretary of State to provide for the annual registration required by the Secretary of State to be valid for a period up to and including three years.
Council Position: Evaluating
Passed House: 158-3

House Bill 134: Allow Counties to Propose a Sales and Use Tax for the Purposes of Funding Transportation
Sponsor: Bubber Epps (R)
House Committee: Ways & Means
Status: House Committee Favorably Reported By Substitute
This legislation changes the definition of transportation purposes regarding sales and use taxes dealing with a special district mass transportation. This legislation would allow any county to propose a sale and use tax for transportation purposes regardless of whether they are within a special district in which mass transportation service is provided.
Any county will be able to propose such a measure on a county-wide ballot. Furthermore, at any time, more than one tax under this part shall be authorized to be imposed concurrently within a special district as long as the combined rate of the taxes does not exceed 1 percent. Language has been removed from the original bill that allowed transit projects to be levied for a maximum of 20 years.
Additionally, this legislation would allow cities (qualified municipalities) the ability to bond TSPLOST projects that have been approved by referendum within the district.
Council Position: Support
House Passed: 106-58

House Bill 160: Creation of the Georgia Commission on Transit Governance and Funding
Sponsor: Kevin Tanner (R)
House Committee: Transportation
Senate Committee: Transportation
Status: Senate Read and Referred
This legislation will create the Georgia Commission on Transit and Governance and Funding. This group will be made up of:

  • Four members appointed by the Governor;
  • Five members of the Senate appointed by the President of the Senate, including the chairperson of the Senate Transportation Committee;
  • Five members of the House of Representatives appointed by the Speaker of the House of Representatives, including the chairperson of the House Committee on Transportation;
  • The commissioner of transportation, ex officio;
  • The executive director of the Georgia Regional Transportation Authority, ex officio;
  • The chief executive officer of the Metropolitan Atlanta Rapid Transit Authority, ex officio; and
  • The directors of all metropolitan planning organizations, ex officio, none of whom shall have voting rights as members of the commission.

The Commission will be charged with studying and assessing the needs for, potential methods of funding of, and means of providing a mass transportation facilities for any one or more metropolitan areas in this state, as determined by the commission. The Commission will further be charged with providing a written document laying out their findings to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the director of planning for a system of regional, integrated, and comprehensive mass transportation for such metropolitan areas as determined by the commission.
The committee shall submit the report and proposal required by paragraph (1) of this subsection not later than December 31, 2017.
Council Position: Support
Passed House: 166-1

House Bill 194: Consideration of “Over-Crowding” of Schools in Zoning
Sponsor: Rep. Todd Jones
House Committee: Governmental Affairs
Status: House Rules Committee
This legislation would require local governments to consider the effects of proposed zonings on local school systems and the potential over-crowding on the school systems. The Council for Quality Growth has concerns with the constitutionality of HB194 and the effect it would have on local businesses.
Council Position: Oppose

House Bill 204: Property Tax/Removal of Certain Fees
Sponsor: Rep. Brett Harrell
House Committee: Ways & Means
Status: House Committee Favorably Reported by Substitute
This legislation would prevent local governments from putting on a property tax bill the collection and payment of ad valorem taxes on real property which include any non-tax related fees or assessments, including, but not limited to, storm-water service fees or solid waste service fees.
Council Position: Neutral

House Bill 317: Change Annual License Fees for Alternative Fuel Vehicles
Sponsor: Rep. Todd Jones (R)
House Committee: Transportation
Status: House Second Readers
This legislation would reduce the annual registration fee for alternative fuel vehicles not used for commercial purposes from $200.00 to $100.00.
Council Position: Oppose

House Bill 364: Repeal Taxes on Innkeepers
Sponsor: Matt Gurtler (R)
House Committee: Transportation
Status: House First Readers
This legislation repeals the excise tax on rooms, lodgings, and accommodation used to fund HB170 passed in 2015.
Council Position: Oppose

House Bills 410: Condominiums; certain fees imposed on purchasers; provide for limits

Sponsor: Sam Teasley (R)
House Committee: Judiciary
Status: In Committee
HB 410 provides limits on certain fees imposed on purchasers of condominiums and lots in a property owners’ association submitted to the Georgia Property Owners’ Association Act at 1/12 of the annual assessment (e.g. capital contributions, initiation fees, capital reserve contributions) to a new purchaser; to limit fees for closing statements related to a sale in communities subject to the Georgia Property Owners’ Association Act; to repeal conflicting laws; and for other purposes.
Council Position: Oppose/Working with Author

Senate Bills

 

Senate Bill 2: “FAST” Act – Fairness, Accountability, Simplification, and Transparency – Empowering Our Small Businesses to Succeed
Sponsor: Mike Dugan (R)
Senate Committee: Economic Development and Tourism
House Committee: Small Business Development
Status: House Committee
This legislation attempts to address problems seen by small businesses in the application for, and issuing of, licenses or permits which allow businesses to operate. This legislation requires city and county governments to make fees and deadlines for permits public. It also carries penalties should any local government or state agency fail to make this information public within six months of either January 1, 2018 or six months after the creation of such board, whichever is later.
The legislation further would require all licensing boards to put in place procedures for provisional licenses which would allow people who work in a profession which requires a license to work in the state immediately. Furthermore, this legislation requires licensing boards to schedule site visits during off-peak times.

Moreover, this legislation creates a more transparent process by establishing a Building and Infrastructure Transparency Score system for each government in Georgia that rates its effectiveness on processing permits in a fair and timely manner. This will create more business-friendly environments and allow business owners the option to locate in places where the process is accessible and efficient.
Lastly, this legislation will give businesses an opportunity to comment on regulations that impact their operations before they are issued. Agencies will not only have to accept comments, but they will also be required to submit the proposed legislation to the Attorney General to ensure they have the authority to issue the regulation. Lastly, agencies will be required to provide a cost-benefit analysis of the regulation and notify businesses of the results of that analysis before the new regulation is finalized.
Council Position: Support
Passed Senate: 53-0
 
Senate Bill 6: Creation of the Georgia Regional Transit Council
Sponsor: Sen. Steve Gooch (R)
Senate Committee: Transportation
House Committee: Transportation
Status: House Committee
Senate Bill 6 establishes a “Georgia Regional Transit Council” (hereinafter “Council”) to develop a state-wide, strategic transit plan.  This council will help develop strategy for multi-jurisdictional entities which will emphasize first-mile and last-mile services and will assist with the development of a seamless transportation network with dependable trip times for commuters. Finally, this intent of this committee is to enhance limited access highways, road congestion relief, safety enhancements, and plans for a future of transportation innovations.
The Council shall be composed of the following members:
  • Three members of the Senate appointed by the President of the Senate;
  • Three members of the House of Representatives appointed by the Speaker of the House of Representatives;
  • The commissioner of transportation;
  • The executive director of the State Road and Tollway Authority;
  • The chief executive officer of the Metropolitan Atlanta Rapid Transit Authority;
  • The Georgia Transit System Association’s president or his or her designee;
  • The Georgia Chamber of Commerce’s president or his designee;
  • The Clayton County Board of Commissioners’ chairperson or his or her designee;
  • The Cobb County Board of Commissioners’ chairperson or his or her designee;
  • DeKalb County’s chief executive officer or his or her designee;
  • The Fulton County Board of Commissioners’ chairperson or his or her designee;
  • The Gwinnett County Board of Commissioners’ chairperson or his or her designee;
  • The Paulding County Board of Commissioners’ chairperson or his or her designee;
  • Athens-Clarke County’s mayor or his or her designee;
  • The executive director of the board for the Atlanta metropolitan planning organization;
  • The executive director of the board for the Augusta metropolitan planning organization;
  • The executive director of the board for the Columbus metropolitan planning organization;
  • The executive director of the board for the Macon metropolitan planning organization; and
  • The executive director of the board for the Savannah-Chatham metropolitan planning commission.
The President of the Senate and the Speaker of the House of Representatives shall designate co-chairpersons from their appointments, and the co-chairpersons shall convene the first meeting of the Council within 30 days after the effective date of this article.
The goal of the Council shall be to establish a vision, mission, and goals for transit services and define objectives, performance metrics, and performance targets to execute such vision and mission and meet such goals.  These targets and goals shall be finalized and submitted to the Governor, the House Committee on Transportation, and the Senate Transportation Committee no later than December 31, 2018.
The Council will also develop a long-term capital investment strategy for transit services, create planning projects between federal, state, and local governments for such purposes, create a strategic plan for emphasizing creating efficiency and coordination by offering solutions to improve arterial mobility, develop alternative freight routes, and plan for a future of transportation innovations.  The Council will also be responsible for establishing guidelines and investment policies regarding the use of federal funds by transit operators which shall include the consideration of transit operators’ prior performance on metrics and targets.  This plan shall be finalized and made available to the public by December 31, 2018.  However, with the approval of the Speaker of the House of Representatives and the President of the Senate the council may continue its development until December 31, 2019.
To accomplish this goal, the Council will have the power to hold public hearings, procure services from professionals in the field of transit services, conduct research, receive the testimony of experts, review the coordination of transit agencies and transit services provided by other states, and take such other actions the council determines appropriate for the compilation of the tasks delegated to the Council.
This article shall be automatically repealed, and the Council shall be abolished, on January 1. 2019; provided, however, that if the Council is continued for an additional year the council shall be abolished on January 1, 2020.
The Council will also be responsible for creating a report about performance targets regarding transit operators’ efficiency and cost effectiveness, coordination of operations, customer service, technology solutions, privatization opportunities, safety and security, and return on investment.  The council will submit this report to the Governor, the House Committee on Transportation, and the Senate Transportation no later than December 31, 2018; provided, however, that with approval of the Speaker of the House of Representatives and the President of the Senate, the council may continue its planning until December 31, 2019, at which time the performance targets and report shall be published.

The newest version of this legislation also includes a section preventing the establishment of any authority, entity, or agency which will mandate participation by a municipality or county nor financially obligate a municipality or county to contribute to transit services without prior approval from such a municipality or a county by referendum.

Council Position: Support
Senate Passed: 48-0
  
Senate Bill 58: Repeal of Hotel and Motel Room Rental Excise Tax
Sponsor: Sen. Josh McKoon (R)
Senate Committee: Finance
Status: Senate Read and Referred
This legislation by Sen. Josh McKoon would eliminate the $5.00 per night hotel and motel room fee that makes up a large portion of the transportation revenue created by HB170.
Council Position: Oppose
 
Senate Bill 89: Provide for State Investment of Railways, Railroad Facilities, and Equipment
Sponsor: David Shafer (R)
Senate Committee: Transportation
House Committee: Transportation
Status: House Committee
This legislation creates would create a Georgia Freight Railroad Program within GDOT and would allow for the additional allocation of funds by the General Assembly for the purposes of improving freight and passenger railway and crossing infrastructure.
Council Position: Support
Passed House: 49-0
 
Senate Bill 128: Allow Department of Natural Resources to Access Department of Driver Services Information for Fraud Prevention
Sponsor: Sen. John Wilkinson (R)
Senate Committee: Natural Resources and the Environment
Status: Senate Read Second Time
This bill would authorize Department of Driver Services to provide driver’s license information to Department of Natural Resources to use for fraud prevention.
Council Position: Support
Passed Senate: 52-0
Senate Resolution 152: Creating a Joint Study Committee on Stream Buffers in Georgia
Sponsor: Sen. Frank Ginn (R)
Senate Committee: Natural Resources and the Environment
Status: Senate Rules
This resolution proposes the creation of a Joint Study Committee on Stream Buffers in Georgia.  The committee shall be composed of 17 members consisting of:
  • Five members of the Senate appointed by the President of the Senate, including the chairperson of the Natural Resources and the Environmental Committee, who shall serve as co-chairperson;
  • Five members of the House of Representatives appointed by the Speaker of the House of Representatives, including the chairperson of the Natural Resources and Environment Committee, who shall also serve as co-chairperson;
  • The director of the Environmental Protection Division of the Department of Natural Resources, or his or her designee;
  • Three members from the Private sector with experience in water resource management appointed by the President of the Senate; and
  • Three members from the private sector with experience in water resource management appointed by the Speaker of the House of Representatives.
The goal of the committee will be to undertake a study of the conditions, needs, issues, and problems the committee deems appropriate for dealing with the proper balance between water protection and private property rights while making note of the current practices to stream buffers prior to recommending legislation.
The Committee will produce a report if the committee adopts any specific findings or recommendations that include suggestions for proposed legislation the co-chairpersons shall file a report of the same prior to the date of abolishment specified in this resolution. In the absence of an approved report, the co-chairpersons may file with the Secretary of the Senate and the Clerk of the House of Representatives copies of the minutes of the meetings of the committee in lieu thereof.
The committee shall stand abolished on December 31, 2017.
Council Position: Support
 
Senate Resolution 224: Study Committee on Storm-Water Management Fees
Sponsor: Frank Ginn (R)
Senate Committee: Regulated Industries and Utilities
Status: Senate Rules
This resolution would create a Joint Study Committee on Storm-Water Management Fees.  The committee shall be composed of 12 members as follows:
  • Two members of the Senate appointed by the President of the Senate, including the chairperson of the Natural Resources and the Environment Committee, who shall serve as cochairperson;
  • Two members of the House of Representatives appointed by the Speaker of the House of Representatives, including the chairperson of the Natural Resources and Environment committee, who shall serve as cochairperson;
  • Two members with experience in local government appointed by the President of the Senate;
  • Two members with experience in local government appointed by the Speaker of the House of Representatives;
  • Two members from the private sector who own property subject to storm-water management fees appointed by the President of the Senate; and
  • Two members from the private sector who own property subject to storm-water management fees appointed by the Speaker of the House of Representatives.
The duty of the committee shall be to undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate.

The committee will be responsible for providing a report should they adopt any specific findings or recommendations that include suggestions for proposed legislation, the co-chairpersons will provide a report prior to December 31, 2017, the date this Study Committee is abolished.

Council Position: Support
 

 

The Council  welcomes any input and feedback from Council membership on any of the above listed legislation or legislation listed on the Council’s tracker on our website. 
———————————————————————————————–
As the Council evaluates, supports, and weighs in on pieces of legislation, the Government Affairs Task Force, chaired by Council Vice-Chairman and Partner at Dentons Steve Labovitz, will play a key role in our decision making.  Click here for the full list of the Government Affairs Task Force.
  • Council members can view the Council’s past and current legislative analysis and bill tracking HERE.
  • To view all legislation that is introduced in the 2017 Ga. General Assembly Session, click HERE.
Council Members will receive “Under the Gold Dome” weekly each Friday during the Session and are encouraged to contact James Touchton, Director of Policy & Government Affairs with any questions.
James Touchton
Director, Policy & Government Affairs
770-823-0781 (Cell)