However, there will be no appetite to re-open House Bill 170, the General Assembly passed "Transportation Funding Act of 2015" which is estimated to bring in over $900 million in additional transportation and infrastructure revenue in its first year of collection. Legislation has been filed in the State Senate to eliminate the $5 a day excise tax on hotels/motels, as well as Senate Bills filed to exempt local governments and school boards from subjection to the excise tax on fuel for government vehicles, including school buses. It is unlikely that a repeal of the hotel/motel tax will pass either chamber.  Leaders in the Senate and House have expressed the need to ascertain the impact of House Bill 170 before moving forward with the next monumental decision on transportation and infrastructure funding. 

The results of our post-2015 Session survey, after the passage of House Bill 170, showed that Council Members support the continued pursuit of long-term transportation funding, with a particular focus on transit and connectivity across the Region.  Over 80% of Council Member respondents indicated that additional transportation funding was needed, outside of the funding provided by House Bill 170. Additionally, when asked to prioritize transportation investments, using state and local monies, 37% of Council Members ranked "Regional Transit Options and Connections" as their #1 priority, with operations and connectivity, preserving existing facilities and roadway capacity increases as third, fourth and fifth respectively.

As the Council evaluates, supports and weighs in on pieces of legislation, the Government Affairs Task Force, chaired by Council Vice-Chairman and Vice-President of External Affairs for Comcast Andy Macke, will play a key role in our decision making.  A full list of the Task Force can be found below.

Council Members will begin to see the "Under the Gold Dome" weekly on Friday during the Session and are encouraged to contact James Touchton, Director of Policy & Government Affairs with any questions.

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Below is a listing of filed bills, including their sponsor, location, and bill analysis.  This represents legislation the Council is actively involved with or that remains of interest to Council Members.  

If you have a specific question about a piece of legislation, email  Director of Government Affairs and Policy at JT@CouncilforQualityGrowth.org

House Bills

 

Sponsor: Rep. Harry Geisinger (R) 

House Committee: Natural Resources and Environment

Status: Did not pass 2015; eligible for 2016 session

This bill removes the restriction in Georgia law for inter-basin water transfers from all rivers with an annual average flow of 15 billion gallons of water a day,  if the county where the river flows agrees to the water withdrawal.

Council Position: Support

 

House Bill 14: Acceptance of Federal Funds with General Assembly Approval

Sponsor: Rep. Scott Turner (R)

House Committee: Appropriations

Status: Did not pass 2015; eligible for 2016 session

This bill would prohibit any local government or agency or state agency, bureau, board or commission, public entity, department or office from accepting federal funds without the expressed approval of the General Assembly.  This could be interpreted to include Community Improvement Districts.

Council Position: Oppose

 

House Bill 21: Transit Authority

Sponsor: Rep. John Carson (R)

House Committee: Transportation

Senate Committee: Transportation

Status: Did not pass 2015; eligible for 2016 session

This bill removes the population threshold for a local government to form a transit authority, changes the definition of "metropolitan area" to include an unincorporated city and the area "suburban to such city," and requires a new transit authority in a municipality to enter into an intergovernmental agreement with an existing transit authority before its formation.

Council Position: Support

 

House Bill 27: Creation of City of South Fulton

Sponsor: Rep. Roger Bruce (D)

House Committee: No Committee Assignment

Status: Did not pass 2015; eligible for 2016 session

This bill creates a charter for the proposed City of South Fulton, which would be subject to voter approval in a local election.

Council Position: Neutral

 

House Bill 33: Code Enforcement Officers

Sponsor: Rep. Tom Taylor (R)

House Committee: Judiciary Non-Civil

Status: Did not pass 2015; eligible for 2016 session

This bill makes it a misdemeanor to hinder or obstruct a code enforcement officer in the discharge of their duties.

Council Position: Oppose

 

House Bill 49: Electronic Tax Bill Delivery

Sponsor: Rep. Brett Harrell (R)

House Committee:  Ways & Means

Senate Committee: Finance

Status: Did not pass 2015; eligible for 2016 session

This bill allows a local tax commissioner or collector to send, at the request of the citizen, their tax bills electronically. 

Council Position: Support

 

Sponsor: Rep. Ed Setzler (R)

House Committee: Transportation

Status: Did not pass 2015; eligible for 2016 session

This bill would eliminate the "4th" penny on gas and shift it to the motor fuel tax, currently at 3%, while gradually raising the fuel excise tax from 7.5 cents to 22.5 cents by 2022 and a gradual decrease of the state's income tax rate to a flat 5.5% by 2022, down from the current rate of  6%.

Council Position: Support

 

House Bill 97: Prohibits Non-Disclosure for Local Agencies

Sponsor: Rep. Scot Turner (R)

House Committee: Governmental Affairs

Status: Did not pass 2015; eligible for 2016 session

This bill prohibits local agencies from entering into non-disclosure agreements. According to the bill, all agencies shall fully disclose without delay, any communications regarding any terms and conditions of any agreement, incentive or offer made or entered into by the agency, directing the Attorney General to sanction any individual, on behalf of an agency, who enters into a non-disclosure agreement in violation of this proposed law. Furthermore, it allows any citizen, in addition to the Attorney General, to initiate civil action to compel the disclosure of any matters covered in a non-disclosure. 

Council Position: Oppose

 

 

Sponsor: Rep. Alex Atwood (R)

House Committee: Natural Resources

Status: Did not pass 2015; eligible for 2016 session

This bill would prohibit the use of water aquifers in 11 coastal counties. While this has a local impact as of now, the Council has concerns this could have state-wide implications.

Council Position: Oppose

 

 

House Bill 214: MARTA/GDOT Commissioner

Sponsor: Rep. Mike Jacobs (R)

House Committee: Transportation

Senate Committee: Transportation

Status: Combined with House Bill 213

This legislation restores voting privileges on the MARTA Board to the GDOT Commissioner until at least 2017.  Further, the latest version of the bill caps fines at $300 for violations of MARTA's Code of Conduct.

Council Position: Support

 

 

House Bill 369: Distribution of Sales and Use Tax

Sponsor: Rep. Randy Nix (R)

House Committee: Ways & Means

Senate Committee: Finance

 

This legislation concerns conflicts that may emerge between cities and counties that do not reach an agreement on ESPLOST funding.  Currently, a city may refuse to reach an agreement with a county.  If this happens, the city can petition the county from getting its ESPLOST dollars.  In this bill, unless there is an agreement between the county and city, money may be disbursed based on the FTE formula.  This bill is still being worked on, and Rep. Nix is working with the Department of Revenue to work out some of the details.

Council Position: Neutral

 

 

House Bill 445: More Take Home Pay Act

Sponsor: Rep. John Carson (R)

House Committee: Ways & Means

Status: Did not pass 2015; eligible for 2016 session

 

Currently the bill:

*    Cuts the income tax burden on Georgia families by over $2.5 billion

*    Households making $29,500 or more will see an increase in take home pay

*    Households bringing in $48,000 (the median Georgia household income) will keep $400 extra annually

*    Reduces income tax rate to 4% over a period of three years (2016: 4.5%, 2017: 4.25%, 2018: 4.0%)

*    Keeps itemized deductions and personal tax exemptions

*    Raises general state sales tax by 1% on January 1, 2017, which will raise the current tax of 4% to 5%

*    Phases in a grocery state sales tax over a four year period (2016: 0%, 2017: 3%, 2018: 4%, 2019: 5%) with each 1% contributing $130 million to the state budget.  Food stamp purchases will be exempt from the grocery tax.

*    Implements a flat communications service tax beginning on January 1, 2016: state telecom: 5%, state cable: 5%, state direct broadcast satellite (DBS): 7%, local telecom: 1.25%, school telecom: 0.75%, local cable: 2%

*    Increase the current cigarette excise tax over three years (2017: $0.45, 2018: $0.55, 2019: $0.65)

Council Position: Support

 

 

Sponsor: Rep. Roger Bruce (D)

House Committee: Governmental Affairs

Senate Committee: State and Local Governmental Operations

Status: Did not pass 2015; eligible for 2016 session

This bill creates a charter for the proposed City of South Fulton, which would be subject to voter approval in a local election.

Council Position: Neutral 

 

 

Sponsor: Rep. Brad Raffensperger (R)

House Committee: Intragovernmental Coordination

Senate Committee: State and Local Governmental Operations

 

Council Position: Evaluating

 

Sponsor: Rep. Brad Raffensperger (R)

House Committee: Intragovernmental Coordination

Senate Committee: State and Local Governmental Operations

Status: Did not pass 2015; eligible for 2016 session

This bill would provide an additional $30,000 homestead exemption for senior citizens age 70 or older who have lived in their homes for more than 10 years.  If passed, residents would vote on the measure during the 2016 presidential primary.

Council Position: Evaluating

 

 

Senate Bills

 

 

Senate Bill 36: Prohibits Aquifers in Certain Coastal Counties

Sponsor: Senator William Ligon (R)

Senate Committee: Natural Resources and the Environment

House Committee: Natural Resources & Environment

Status: Did not pass 2015; eligible for 2016 session

This bill would prohibit the use of water aquifers in 11 coastal counties. While this has a local impact as of now, the Council has concerns this could have state-wide implications.  Further, the latest version of the bill requires that the Board of Natural Resources adopt regulations that provide for the protection and preservation of only the Floridan aquifer, no longer including any aquifer that provides high-quality drinking water. 

Council Position: Neutral

 

 

Senate Bill 85: Development Authorities

Sponsor: Senator Brandon Beach (R)

Senate Committee: Economic Development & Tourism

House Committee: Governmental Affairs

Status: Did not pass 2015; eligible for 2016 session

This bill is intended to rectify an internal inconsistency within the definition of "Project" in the Development Authorities Law (the "Law").  This definition in the current version of the Law contains both a lengthy listing of categories of allowable projects, as well as a broad discretionary provision, which was included as a subsequent addition to the law in order for this definition to mirror the comparable provision in the Downtown Development Authorities Law.  

 

By deleting the older, specific, definitional provisions, while retaining the general discretionary provision already in the law, this bill would eliminate unnecessary confusion and debate, without seeking to change past practices or expand or reduce any development authority powers.  

Council Position: Support

 

 

Senate Bill 140:  City of South Fulton

Sponsor: Senator Donzella James (D)

Senate Committee: State and Local Governmental Operations

Status: Did not pass 2015; eligible for 2016 session

This bill creates a charter for the proposed City of South Fulton, which would be subject to voter approval in a local election.

Council Position: Neutral

 

Senate Bill 142: Permits for Infrastructure

Sponsor: Senator Brandon Beach (R)

Senate Committee: Regulated Industries and Utilities

Status: Did not pass 2015; eligible for 2016 session

This bill regulates procedures governing applications for zoning and permits for critical infrastructure projects. This addresses local governments and specifically states that "no local government shall provide for a moratorium with respect to any critical infrastructure projects."  The latest version of the bill defines "critical infrastructure projects" as:

 

(A) Electrical power transmission lines;

(B) Electrical power substations;

(C) Water and sewage treatment facilities;

(D) Water reservoirs, water storage facilities, and sewer lines;

(E) Cellular telephone towers and emergency 9-1-1 system facilities; 

(F) Natural gas transmission pipelines and power stations; or

(G) In-ground fiber optics systems.

 

Further, the latest version of the bill made some concessions, now allowing for moratoria of 90 days or less for items (C), (D), and (G) in the event a court or other applicable law declares such a moratoria invalid.

Council Position: Support

 

Senate Bill 170: Procedures for Disposition of Property

Sponsor: Senator Brandon Beach (R)

Senate Committee: Transportation

Status: Did not pass 2015; eligible for 2016 session

When property is acquired for public road purposes but later abandoned, the current law requires that private property owners sharing a common boundary must be notified.  Under the proposed bill, however, if the acquired property is located within a subdivision with a duly formed property owner's association, notice of abandonment of the property may be provided to the property owner's association in lieu of notice to the individual owner.

Council Position: Support

 

Sponsor: Senator Lindsey Tippins (R)

Senate Committee: Transportation

House Committee: Energy, Utilities & Telecommunications

Status: Did not pass 2015; eligible for 2016 session

This bill prohibits local government authorities from adopting or enforcing ordinances which mandate marking requirements or standards which are different from those contained in state law or the rules and regulations of certain departments of this state.  Instead of passing state marking requirements or standards for how to illustrate the presence of underground utility lines and allowing local governments to use the state standards or come up with their own, this bill requires local governments to comply with state standards.

 

The bill would amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the same Code Section amended in last year's "Call Before You Dig" bill relating to blasting or excavating near utility facilities.

 

To view a summary of the legislation by the Senate Research Office, Click HERE.

Council Position: Support

 

Sponsor:  Senator John Albers (R)

Senate Committee: Finance

Status: Did not pass 2015; eligible for 2016 session

This bill creates a Study Committee to examine the current state tax exemptions and the impact on the Georgia economy, in order to understand the value and assess which exemptions help stimulate the state's economy and benefit all Georgians through job creation.

Council Position: Support