After a nearly three months' suspension due to the coronavirus pandemic, the General Assembly completed the 40 days of the legislative session and adjourned sine die on Friday, June 26.

Despite the COVID-19 crisis, GMA achieved a number of legislative victories this year and would like to thank city officials for their engagement in the legislative process. The calls, emails and texts to House and Senate members makes a difference when GMA staff is at the Capitol advocating on your behalf.

GMA staff would like to express appreciation to Chairman Vince Williams and all the members of the GMA Legislative Policy Council for advising on legislation as well as advocating for cities during the session.

City officials are encouraged to contact Governor Kemp on any local legislation which passed that affects their city.

Municipal Priorities Sent to Governor Kemp

The 2020 Legislative Session began with the early passage of the marketplace facilitator bill, House Bill 276, by Rep. Brett Harrell (R-Snellville). The legislation called for online platforms to collect and remit sales taxes for retailers who used the platforms to sell goods in the state.

This law became effective on April 1st of this year, just as many Georgians were exponentially increasing their online purchases during the shelter-in-place orders. The Marketplace Facilitator law generated $38.5 million in the month of April and is expected to grow as more vendors comply with the law, exceeding the expectations that forecasters had predicted by over $25 million dollars.

Another GMA priority, House Bill 779, by Rep. Shaw Blackmon (R-Bonaire) passed with overwhelming support and is currently pending the Governor's signature. This title ad valorem tax (TAVT) compromise legislation between GMA, ACCG, the Georgia School Board Association and the Georgia School Superintendents Association raises the municipal percentage of TAVT revenues from 23% to 28% in a city with a county school system and from 23% to 34% in a city with a city school district.

Several harmful preemption bills were proposed during the legislative session to limit local government authority on the establishment of residential building design standards for single-family homes and the regulation of short-term rentals. Thanks to the hard work of city officials these pieces of legislation were unable to receive final passage.

GMA's governmental relations team says "Thank You!" to all the city officials who helped us have a successful 2020 Legislative Session.

Enjoy this video of your advocacy team in action!

General Assembly Delivers
Retail Alcohol to Your Doorstep

House Bill 879 by Rep. Brett Harrell (R-Snellville) would allow authorized package retailers to deliver liquor, beer and wine within the boundaries of their license.

The legislation was also amended to allow for alcohol retailers to have beer, wine and liquor tastings on premise, to waive distance requirements for colleges and universities in a commercial district and to provide for the development of a centralized portal for local governments and the Department of Revenue (DOR) to approve alcohol licenses.

GMA supports this legislation.

COVID-19 Liability Protection for
Local Governments & Businesses

The General Assembly passed Senate Bill 359 by Sen. Chuck Hufstetler (R-Rome) which would prevent lawsuits against local governments and businesses for any exposure to or transmission of COVID-19 unless the exposure or transmission was caused by an gross negligence, willful and wanton misconduct or intentional infliction of harm.

GMA supports this legislation.

Governor Signs Bi-Partisan
Hate Crimes Legislation

In light of continued civil unrest, the Georgia General Assembly passed bi-partisan hate crimes legislation, House Bill 426, by Rep. Chuck Efstration (R-Dacula). Governor Kemp signed the legislation in to law on Friday, June 26.

This legislation establishes grounds for bias, prejudice or hate crimes and increased sentencing for criminal defendants found guilty of crimes involving bias or prejudice. The legislation defines such bias or prejudice as based on perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability or physical disability.

Additionally, the legislation requires each incident in which it appears bias was involved to be documented and reported using a "bias crime report" to be developed by the Georgia Bureau of Investigation (GBI). The GBI would be required to report all bias crimes annually in the Georgia Uniform Crime Reports.

GMA supports this legislation.

Jannine Miller Confirmed as
Next GDOT Planning Director

On the last day of the legislative session, the Joint House and Senate Transportation Committees confirmed Jannine Miller as the next Planning Director for the Georgia Department of Transportation. The Planning Director sets the long-term goals for Georgia’s infrastructure investments at the federal, state and local levels. Miller was nominated for the position by Governor Brian Kemp in January. At the time of her nomination, Miller was Senior Advisor to U.S. Department of Transportation Secretary Elaine Chao. Miller has also served as the executive director of the Georgia Regional Transportation Authority, the Director of the Center of Innovation for Logistics at the Georgia Department of Economic Development and the Senior Advisor for Rural Infrastructure at the United States Department of Agriculture.
OTHER MUNICIPAL PRIORITIES: PASSED
 

Environment and Natural Resources
 

Senate Bill 123 – Hazardous Waste / Solid Waste Trust Funds

This bill would increase the minimum host local government per ton surcharge for accepting coal ash at private landfills to $2.50 per ton. The bill would also decrease the spending requirements in the code regarding the surcharge funds from 50% to 20%.

The bill would further remove the reduction in the surcharge for the Solid Waste Trust Fund (SWTF) and the reduction in the fee for the Hazardous Waste Trust Fund (HWTF) set to take place July 1, 2020. If passed, the SWTF surcharge will remain at $.75 per ton of solid waste disposed; the HWTF fee would remain $1.00 per tire sold. GMA supports this legislation.

Senate Bill 426 – Ethylene Oxide Spill or Release Reporting

This bill would require the reporting of Ethylene Oxide spills or releases to the Environmental Protection Division (EPD) within 24 hours of the spill or release. It would also allow EPD to post spill or release information on its website. GMA supports this legislation.


Municipal Government
 

Senate Bill 377 – Third-Party Plan Review and Inspection

This bill would change current law to expand the types of projects eligible for third-party plan review and inspections.

Current law prohibits private plan review and inspection for hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings that impact national or state homeland security and high rises. GMA is neutral on this legislation.


Public Safety
 

House Bill 576 – Fine Add-On Priority List

This bill would change the priority of fines from citations to allow the cities and counties who fund the courts to move from 10th in the priority list to 4th. GMA supports this legislation.

Senate Bill 249 – Law Enforcement Retirement

The discussion surrounding recruitment and retention for local law enforcement has long hinged on the participation in the benefits provided by the Police Officer Annuity and Benefit (POAB) fund. SB 249 would raise the contributions of participants fine amounts, including jailers in the retirement system for the first time in 50 years. GMA supports this legislation.

Senate Resolution 948 – COAM Study Committee

The Senate created a study committee to examine the licensing, proceeds and local control of Coin Operated Amusement Machines (COAMs).

Senate Resolution 1007 – Police Practices Study Committee

The Senate created a study committee to examine police practices. The scope of the study committee includes the examination of use of force, chokeholds, no knock warrants, training practices and deescalation practices. The committee will consist of the Senate Judiciary chairman, the Senate Public Safety chairman and four senators to be chosen by the President of the Senate.


Revenue and Finance
 

House Bill 846 – Codification of Direct Pay Program

HB 846 features a compromise between local governments and the manufacturing community to codify the Department of Revenue's Direct Pay program and lower the interest to prime + 3. The legislation also closes a loophole to prevent businesses from gaming the system and receiving large refund checks at the expense of local governments. GMA supports this legislation.


Transportation
 

House Bill 511 – ATL Transit Link Authority

HB 511 reassigns the Atlanta-region Transit Link (ATL) from the Georgia Regional Transportation Authority (GRTA) to the Georgia Department of Transportation (GDOT).
 OTHER MUNICIPAL PRIORITIES: DID NOT PASS
 

Community Development
 

House Bill 523 – Short-Term Rental Regulation Preemption

This bill would have limited local government regulation of properties used as short-term or long-term rentals to regulations that apply uniformly to all residential properties. GMA opposed this legislation.

Senate Bill 159 – E-Scooter Regulation

This bill would have defined electric scooters as a device weighing less than 100 pounds, with handlebars and an electric motor, that is capable of no more than 20 mph when powered by the motor on a paved level surface. The legislation would have retained local authority in regulating the operation of electric scooters. GMA supported this legislation.

Senate Bill 162 – Short-Term Rental Regulation

This bill would have allowed local governments to regulate short-term rentals within their jurisdiction. Short-term rental is defined as when the occupancy or rental of a residence is for a fee and is for less than 30 consecutive days. The bill would have provided, however, that local regulations must not completely prohibit or ban all short-term rentals within the local government's jurisdiction. GMA supported this legislation.


Municipal Government
 

House Bill 937 – Residential Design Standard Preemption

This bill would have prohibited cities and counties from regulating any building material, product or construction practice for single-family homes if approved in the state minimum standard codes. GMA opposed this legislation.

Senate Bill 309 – Local Government Finance Authority

This bill would have authorized the creation of two authorities to issue tax-exempt bonds for pooled financing of local governments. GMA supported this legislation.


Revenue and Finance
 

House Bill 715 – Gross Receipts Method for Occupational Taxes

This bill sought to eliminate the gross receipts method of calculating the tax, along with the "400 Club,” or those favored industries that can opt to pay $400 per practitioner as opposed to gross receipts. The discussion over occupational taxes, and more specifically the gross receipts method that local governments use to calculate the tax, culminated in the introduction and debate of HB 715 this year.

GMA argued that while the $400 club was not completely equitable, the elimination of gross receipts would force local governments to place artificial flat fees on classes of industry, which would ultimately punish small businesses and create further inequities. Ultimately, a coalition of interest groups that represent the members of the "400 Club" opposed the legislation and forced it to stall in the House. While HB 715 failed to pass the General Assembly, the discussion on equity in occupational taxation is alive and well.
STAY CONNECTED

GMA encourages each city official to fully engage in the political process at the state and federal level. Legislators need to hear from as elected city officials who are closest to the people. A core duty in representing your constituents is to communicate with legislators and candidates for higher office to lobby for what your citizens need to make their lives better.

 
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