Week 2: Budget Week, Council Resolution, AdvanceAtlanta Transit Event, Transit Community Improvement Districts and Craft Brews

This is the Legislative Week 2, 2016 Edition of the Council's "Under the Gold Dome," a weekly publication covering the 2016 Georgia General Assembly Session.  

The General Assembly completes Day 32 today after a slow week that focused largely on Joint House and Senate Budget Hearings, as agencies and offices made the case for the Governor's proposed budget.  You can view the schedule HERE.   The Session could potentially see a March 24th ending if the pace is maintained.

The Georgia State Senate honored the upcoming Council for Quality Growth Day at the Capitol on March 16th with a Resolution recognizing the upcoming day, Senate Resolution 712. 
We are still awaiting on legislation that would allow MARTA the flexibility needed to potentially expand the system, as is laid out HERE in an interview with MARTA Board Chairman Robbie Ashe. 

While the legislation is expected to be dropped Monday, the Council expects Board Member and State Senator Brandon Beach to play a critical role as one of the Transit champions working to help MARTA increase the timeframe of allowed funding from 5 years to mirror the current MARTA sales tax expiring in 2057 for a locally passed T-SPLOST referendum and allow a .5 cent diversion to the Authority for its three expansion projects,  currently not allowed in provisions in the law.
 
In keeping with the transit discussion,  The Coalition to Advance Atlanta is a citizen-driven grassroots advocacy coalition dedicated to building support for regional transit and championing existing transit resources. Advance Atlanta brings together businesses, residents, and other community partners to advocate for transportation solutions that will advance the region we are all proud to call home. 

To view the Board of Directors, click HERE
 
Advance Atlanta believes that the future of the metro region will be driven in large part by strategic investments in transit. If metro Atlanta is to remain competitive it will need to provide residents with comprehensive transit options capable of efficiently moving residents where they need to go when they need to be there. 

The Coalition to Advance Atlanta is proud to join together with Council Board Member and Senator Brandon Beach to discuss plans to further connect the Atlanta region through mass transit during the 2016 Georgia legislative session. If you are a supporter of mass transit, or want to learn more, please come out and join us! North Fulton residents are especially welcome and encouraged to attend, as the event will cover the proposed northward rail expansion being discussed.
 
Click HERE to register
 
Click HERE to learn more about Advance Atlanta and sign up for updates.

Fulton County, TSPLOST and MARTA

Last Wednesday, at the Fulton County Board of Commissioners and Fulton County Mayors Meeting, to discuss a potential TSPLOST referendum, if the County and Cities can agree on a funding distribution method, the subject of MARTA funding was front and center. (To view the entire presentation by Fulton County COO Todd Long, click HERE).

MARTA CEO Keith Parker and MARTA Board Chairman Robbie Ashe were on hand to discuss various funding options from the local TSPLOST, if the state legislation is passed by the General Assembly this Session and the local jurisdictions can decide on an agreeable sales-tax increase (subject to a local referendum) for MARTA funding and expansion. MARTA presented three scenarios for potential capital projects MARTA could implement under three long term sales tax options. 

Several North Fulton Mayors indicated support for a 75/25 compromise (75 for Local jurisdictions/25 for MARTA) which a coalition of Mayors indicated support.  However, MARTA Board Chairman Robbie Ashe warned that such a proposal would potentially undercut MARTA's ability to pass a referendum due to the reduced revenue.

To view these options, along with an in-depth look at the potential enhanced bus and rail services, service option descriptions and types of transit and vehicles, click HERE

The Council will soon publish a White Paper that discusses the economic benefits of transit on development and the impacts the Metro Region could see from an enhanced transit system.

Selected Legislation for Council Members to Watch: Other Legislation and Bill Summaries Listed at the Bottom of the Email

House Resolution 830, introduced by Representative Buzz Brockway, provides for an amendment to the State Constitution that would allow for the creation of transit community improvement districts. 

A constitutional amendment was proposed by State Representative Buzz Brockway providing for the creation of Transit Community Improvement Districts (TCID). The proposal states that TCIDs would be administered by the Georgia Regional Transit Authority (GRTA) for the purpose of funding the extension of existing rail infrastructure, including rail lines, stations or terminals, cars and other associated capital expenditures. In order to create a TCID, the governing authority of the City or County or existing Community Improvement District in which the district is located must adopt a consenting resolution. 

The TCID would be able to levy taxes, fees and assessments on nonresidential property, with the consent of the property owner, within the district to fund transit expansion and improvements through a cooperation agreement jointly executed by the TCID governing Board and the MARTA Board of Directors.

The Council will evaluate this legislation with our Government Affairs Task Force and will form a position once this bill has been fully vetted.


Senate Resolution 624, by State Senator Michael Williams (R) from Forsyth County, currently in the Senate Education and Youth Committee, proposes a Constitutional Amendment  to allow for the collection of impact fees by a local school board. The fees could be imposed if the local jurisdiction has seen a 15% enrollment growth in its school system in the preceding 5 years.

Legislation was dropped by Rep. Mike Dudgeon (R), who also represents Forsyth County, House Resolution 1017 (not available online as of Thursday) from Forsyth on Thursday that would allow for the same.

The Council understands that impact fees are a viable and effective way for local governments to fund the expansion of government services needed as a community grows. However the Council has concerns with the proposed legislation and the unintended consequences that it would have on the development community.  The Council is currently researching the number of counties that would be affected if this legislation were to pass the General Assembly and as a constitutional amendment in November and will work with members of the General Assembly as this legislation works it way through the Session.


The Council sends to its members "Under the Gold Dome" weekly on Friday during the Georgia General Assembly Session and Council Members are encouraged to contact James Touchton, Director of Policy & Government Affairs with any questions.
 
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James Touchton
Director, Government Affairs & Policy
JT@CouncilforQualityGrowth.org
770-823-0781 (Cell)
Craft Breweries: Their Economic Impact in Georgia

Craft breweries in Georgia, and in the Metro Atlanta Region specifically, have grown in popularity for many years now. For many residents, the hope is that Georgia will become a popular destination for beer connoisseurs, similar to other states, such as Colorado and California. House Bill 314 was introduced in the Georgia General Assembly, which would allow GA breweries to manufacture malt beverages on their premises for off-premises consumption. House Bill 314 did not pass the General Assembly in the last legislative session, but we hope to see this legislation pass in the future, as it would allow Georgia the traction it needs to transform surrounding Atlanta communities into craft brewery hubs.

Metro Atlanta Region communities are beginning to recognize the grass roots, community-based appeal breweries have and the passage of the legislation solidifies the attraction. Breweries have proven to have economic development advantages as well. According to studies, beer supports nearly 65,000 jobs in Georgia, placing it in the top states for beer industry jobs, and generates $8 billion nationally in direct economic impact to the U.S. beer industry. It sounds like a lot, but not when comparing this total to other states like Colorado and California which generate $14.8 billion and $34.2 billion, respectively. Another recent analysis, from the Beer Institute, demonstrates how one job inside a brewery supports another 45 jobs outside.

To see the a breakdown of the economic impact of the beer industry in Georgia, click HERE .

We sat down with Kevin Leff, an attorney at Council Member Sard & Leff, LLC, a law practice that focuses primarily on beverage and alcohol permitting and regulatory law. Sard and Leff's clients are mainly manufacturers, importers, brokers, distributors and retailers of alcoholic beverages who are subject to regulation by federal, state and/or local governments. The practice also represents a number of commercial real estate developers, property managers, and property owners whose tenants and prospective tenants may be in the alcoholic beverage industry. Leff did us the service of defining exactly what a craft brewery is; "A 'craft brewery' is an industry term used to describe a small independent brewery which, as a general rule, tends to be very connected with its community."

Decatur, which is now home to Three Taverns Brewery, Wild Heaven, Blue Tarp Brewery, and Wine Workshop and Brew Center, is quickly becoming a popular location for these communities. When asked why, Leff points out that "the City of Decatur and its City Council have been extremely welcoming to alcohol manufacturers, retailers, and restaurateurs alike."

Additionally, the Development Authority of Cobb County agreed to give Red Hare Brewing Co., a Marietta based brewery, a $40,000 retention grant. The goal of the grant is to keep companies in Cobb County. The grant will help with a $2.8 million expansion the brewery is hoping to undertake in the near future. In addition to the economic advantage craft breweries provide, there is also an environmental conscience approach. Red Hare Brewing Co. has partnered with Novelis Inc., the world's largest recycler of aluminum, to produce a certified high-recycled aluminum sheet, which guarantees minimum 90% recycled content. Recycling aluminum requires 95 percent less energy, and produces 95 percent fewer greenhouse gas emissions.

Leff adds that while economic development is outside the scope of Sard & Leff's expertise, there "clearly is an economic development connection- job creation, increased tax collection, and creation of community based businesses." The Red Hare expansion will reportedly provide 20 full time jobs as well as a tourist attraction for the city of Marietta.

When asked if there have been any breweries that have been trailblazers for brewers in Atlanta, Leff replied, "While there have been other pioneers, no Georgia brewery appears to have spurred the growth of Georgia craft breweries more than Sweetwater. Theirs is a local and now regional success story and has become a model for building successful breweries." Sweetwater officially started brewing in 1997, and has become a staple for Georgia beer lovers.

Craft breweries give rise to diversity by sponsoring High Gravity Hip Hop Beer Fest, the first craft beer festival focused on promotion in this city directed towards a broader demographic. Getting the largest majority of our city into craft beer would be a financial windfall to the Georgia market. Events like the Great Atlanta Beer Fest, held on September 6th, can only help influence atypical craft beer enthusiasts by providing an outstanding atmosphere for what will soon be the biggest beer event in all of Atlanta.


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Council for Quality Growth's 2016 Legislative Priorities


To View a PDF of the Council's Legislative Priorities 

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Council for Quality Growth's Board of Directors 2016 Government Affairs Legislative Task Force 

The Council Board of Director's has established the 2016 State Legislative Task Force, consisting of members of the Council Board of Directors and Members of the Council General Membership. 

The Task Force is charged with establishing the Council's Legislative Agenda, as well as directing the Council and providing input on legislation before the Georgia General Assembly.  

Members of the Legislative Task Force include:

Andy Macke
Comcast Vice-President of Government & Community Affairs
(Chairman, Legislative Task Force)

Josh Belinfante
Partner, Robbins, Ross, Alloy, Belinfante, Littlefield and former Executive Counsel to former Ga. Governor Sonny Perdue

Laurel David
Partner, The Galloway Law Group, named as Best Law Firm in Land Use and Zoning Law by Best Lawyers and U.S. News & World Report in 2015

Doug Dillard
Partner, Pursley Friese Torgrimson, and former Council Chairman and named "Lawyer of the Year" for litigation and land use zoning in 2014 by Best Lawyer.

Ashley Groome
Senior Vice-President of State Government Relations, McGuire Woods Consulting

Ann Hanlon
Executive Director of the North Fulton Community Improvement District

Steve Labovitz
Partner, Dentons, and former Chief of Staff for the City of Atlanta and named "Georgia Super Lawyer" for Government Law in 2011-2013 by Atlanta Magazine

Tim Lowe
2015 Chairman, Council for Quality Growth and Past Chairman, Georgia World Congress Center Authority and President, Lowe Project Management

Josh Mackey
Director of State Government Relations, FrogueClark, LLC.

Gerald Pouncey
Partner, Morris, Manning & Martin and Board Member of the North Georgia water Management District and named one of the Best Lawyers in America for Environmental Law

Harold Reheis
Executive Vice-President, Joe Tanner & Associates and former Director of the Georgia EPD.

Scott Selig
Vice-President, Selig Enterprises and Government Affairs Chairman for the Atlanta Commercial Board of Realtors 2012-2013

Michael "Sully" Sullivan
President & CEO, A.C.E.C and Georgia Transportation Alliance Immediate Past Chairman


Georgia Senate Press Office: Senate in a Minute

During Session, the Georgia Senate Press Office films a daily recap of the Georgia Senate's actions.  


 

CLICK HERE to view the daily recaps for the 2016 Session.

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House of Representatives Floor Notes


 

Each Session day the Georgia House publishes a recap of the legislative day that occurred in the House.  

 

CLICK HERE to view the daily recaps for the 2016 Session.

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Council's Legislative Bill Tracking
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

To view the Legislation sorted by issue-area focus versus the layout in this Summary:



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House Bills

 

House Bill 4: Inter-basin Transfers

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

 

House Bill 60: Motor Fuel Tax and State Income Tax

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

 

 

House Bill 116: Underground Water Supply Protection Act of 2015

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

Status: Did not pass 2015; eligible for 2016 session

 

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

 

 

House Bill 514: Creation of City of South Fulton

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 

 

 

House Bill 521: Fulton County Homestead Exemption

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 allow voters to double Fulton County's basic property tax homestead exemption to $60,000.  Aimed at putting money back in homeowners' pockets, this bill would a $353 property tax break for the owner of a $275,000 house, whereas the owner of a $150,000 house would pay no county general fund property taxes.  If passed, residents would vote on the measure during the 2016 presidential primary.

 

Council Position: Evaluating

 

House Bill 522: Fulton County Senior Citizen Homestead Exemption

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

 

Senate Bill 191: Prohibiting Local Governing Authorities from Adopting Ordinances

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

 

Senate Resolution 43: Senate Special Tax Exemption Study Committee

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

January 22, 2016

The Council for Quality Growth | 770-813-3370 | jt@councilforqualitygrowth.org 
http://www.councilforqualitygrowth.org
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