HB 317, $32M headed to local governments from lodging facilitator legislation getting final passage.

The General Assembly adjourned Sine Die on Wednesday, March 31.

 

Over 2,000 bills and resolutions were introduced by the legislature this session. GMA’s advocacy team tracked hundreds of bills that would impact municipal operations and revenues. This newsletter provides an update on the final actions of the 2021 Legislative Session.

THANK YOU, CITY OFFICIALS!

 

“Thanks to all the city officials who were engaged through the duration of this legislative session, despite the challenges of the COVID-19 pandemic. As chair of the Legislative Policy Council (LPC), I know firsthand the importance of staying up-to-date on the actions of the General Assembly. We can make a real difference when cities are united in asking legislators for support on the principles of home rule and local control.”

 

- Jim Thornton, LPC Chair, Mayor of LaGrange

LEGISLATIVE VICTORY –

$32M INCREASE TO LOCAL GOVERNMENTS

by Rep. Ron Stephens (R-Savannah), Pending Governor’s Signature

House Bill 317, a GMA legislative priority, has passed both chambers and has been sent to the Governor for a signature. This legislation would require marketplace innkeepers to collect and remit the local hotel-motel taxes if the total charges across their platform in Georgia are at least $100,000 in the previous or current year. This important measure would help level the playing field between traditional hotels and online short-term rental providers while providing additional hotel/motel tax revenue to local governments. It has been estimated that this change in law would provide local governments across Georgia an additional $32.1 million in fiscal year 2022 and an additional $34.9 million by fiscal year 2024. GMA supports this bill.

DID NOT PASS –

FEE REDUCTION FOR USE OF RIGHTS-OF-WAY

by Rep. Martin Momtahan (R-Dallas), Pending House Action

This legislation would reduce the rates owed to municipalities for the usage of the public rights-of-way for laying linear miles of fiber in cities where no retail customers are receiving broadband services. Under current law due compensation for cities is based on the same rate and fee structure as the Georgia Department of Transportation (GDOT), which has established the rates at $5,000 per mile in urban areas and $1,000 per mile in rural areas. HB 328 passed the Senate with an amendment that would lower the costs on linear fiber to $0.05 per foot, or $264 annually, when a telecommunications company is providing broadband services to a retail customer in a previously unserved location, as defined by the 25/3 speed in current law. In cities where there are no retail customers receiving broadband services the rate for linear fiber in the rights-of-way would be $0.20 per foot, or $1,000 annually. GMA opposes this bill.

OTHER MUNICIPAL PRIORITIES SENT TO GOVERNOR

by Eddie Lumsden (R-Armuchee), Pending Governor’s Signature

This legislation would explicitly grant local governments the authority to hold virtual public hearings, such as budget or zoning proceedings, in emergency situations. GMA supports this bill.

 

by Rep. Victor Anderson (R-Cornelia), Pending Governor’s Signature

This legislation would create an exemption under the Open Meetings/Open Records Act for cybersecurity discussions and for cybersecurity documents or plans in executive sessions, where no decision made in the executive session would be binding until voted on in an open meeting, and where the details of the contract would not be subject to open records. GMA supports this bill.

 

by Rep. William Boddie (D- East Point), Pending Governor’s Signature

This bill would extend the ability to levy the 1 percent Municipal Option Sales Tax (MOST) for water and sewer projects to any municipality with a waste-water system connecting to the City of Atlanta's waste-water system. GMA supports this bill.

 

by Rep. Bert Reeves (R-Marietta), Pending Governor’s Signature

This legislation would repeal the citizens arrest law, removing the provision in current law that allows for a private citizen to detain another private citizen on the basis of reasonable suspicion a criminal activity occurred. GMA supports this bill.

 

by Rep. Josh Bonner (R-Fayetteville), Pending Governor’s Signature

This legislation aims to prohibit the organization and participation in street racing, drag laying, or other related activities. It also expands what could be considered reckless and dangerous driving. This legislation would call for the suspension of a driver's license for any person convicted of reckless stunt driving. GMA supports this bill.

 

by Sen. Matt Brass (R-Newnan), Pending Governor’s Signature

This legislation would add unlisted telephone numbers and personal mobile or wireless telephone numbers to the list of types of information not subject to disclosure pursuant to an open records request. GMA supports this bill.

ALCOHOL LEGISLATION

by Rep. Mandi Ballinger (R-Canton), Pending the Governor’s Signature

This bill would allow breweries and distilleries to transfer production between owned locations and set Department of Revenue reporting requirements. GMA supports this bill.

 

by Jason Ridley (R- Chatsworth), Pending the Governor’s Signature

This bill would give local governments the ability set distance requirements for beer and wine package sales in relation to school property lines, yet distance requirements for school buildings remain set at 100 yards. GMA supports this bill.

 

by Rep. Kasey Carpenter (R-Dalton), Pending in the House Regulated Industries Committee

This bill would repeal all state and local excise tax on alcohol beverages. It would impose an extra 1% sales tax on the sale of alcoholic beverages. GMA is evaluating these bills.

 

by Sen. Matt Brass (R- Newnan), Pending the Governor’s Signature

This legislation would allow cities and counties to call for a ballot question on liquor package sales by resolution or ordinance. GMA supports this bill.

 

by Sen. Frank Ginn (R-Danielsville), Pending in the House Regulated Industries Committee

This bill would local governments to opt out of alcohol delivery by resolution. The bill allows restaurants to sell mixed drinks to go (for customer pick up). Mixed drinks may contain up to 3oz of alcohol and no more than 2 mixed drinks per entrée may be sold per customer. Local governments are given the ability to opt out of allowing mixed drinks to go by resolution. GMA supports this bill.

 

by Sen. Matt Brass (R- Newnan), Pending the Governor’s Signature

This legislation would allow no more than two mix drinks containing up to 3 ounces of liquor to be sold per adult entree for off-premise consumption in sealed containers that identify the licensed food service establishment that sold the beverage. GMA supports this bill.

 

LEGISLATIVE WATCHLIST

by Rep. Houston Gaines (R-Athens), Pending the Governor’s Signature

This legislation would restrict a city or consolidated government with a police department from reducing annual appropriations for the police force by more than 5% of the previous fiscal year's appropriations. GMA opposes this bill.

 

by Rep. Vance Smith (R-Pine Mountain), Both Chambers Insist on Different Versions

This bill would update the Georgia Utility Facilities Protection Act (GUFPA) to include a number of beneficial changes for municipalities operating gas systems related to provisions on design locate requests, extraordinary circumstances and cost recovery of damages. While the original bill would have retained current exemptions for traffic control devices and traffic management systems that would provide for a continuation of the current locating process established locally and outside of the 811 Call Center's mandated procedures, the current version of the bill removes the exemptions that currently apply local government facilities. GMA opposes the Senate version of this bill.

BILLS THAT DID NOT PASS

*Legislation that failed to pass this year can be carried over next year as part of the two-year term.

by Rep. Mary Margaret Oliver (D-Decatur), Held in the House Governmental Affairs Committee

This legislation would allow school boards to dispute proposed municipal annexations if a proposed change in zoning or land use would create a financial impact on a school system's current and planned capacity. GMA opposes this bill.

 

by Rep. Mary Margaret Oliver (D-Decatur), Held in the House Governmental Affairs Committee

This legislation would allow a county to object to proposed annexations if any proposed tax abatements or financial incentives are offered by the city or, if known, offered by a development authority. GMA opposes this bill.

 

by Rep. Mary Margaret Oliver (D-Decatur), Held in the House Governmental Affairs Committee

This legislation would require a local government to share a written notice of the estimated direct financial impacts from proposed tax abatements or incentives with other affected local governments at least seven days prior to granting a tax abatement or financial incentive. GMA is neutral on this bill.

 

by Rep. Mesha Mainor (D-Atlanta), Held in the Senate Agriculture & Consumer Affairs Committee

This legislation would require that, on a monthly basis, law enforcement agencies must provide information on their website regarding certain crimes that took place on applicable apartment complex premises. GMA opposes this bill.

 

by Rep. Tommy Benton (R-Jefferson), Held in the House Governmental Affairs Committee

This legislation would mandate that any local government which establishes a planning commission or other body to review or make recommendations on proposed zoning decisions to include at least one member appointed by the board of education for the county or independent school system serving the local government. GMA opposes this bill.

 

by Rep. Martin Momtahan (R-Dallas), Held in the Senate Finance Committee

This legislation would make several changes concerning local government collection of regulatory fees. It would remove the ability of a local government to set a regulatory fee based on the number of square feet of a new construction project or the cost of all other construction projects. Also, this bill would require that the proceeds of the regulatory fee be used to fund the regulatory activity but would not require the local government to establish a separate account for the funds. GMA opposes this bill.

 

by Rep. Martin Momtahan (R-Dallas), Held in the House Ways & Means Committee

This legislation would create a statewide base value or floating homestead exemption which would limit increases in property value assessments to the value in a base year plus half of the percentage increase in the consumer price index. This exemption would supersede any base year assessed value or adjusted base year assessed value of a homestead exemption provided by a local act but would be in addition to all other homestead exemptions. GMA opposes this bill.

 

by Sen. Randy Robertson (R-Cataula), Lost on the Senate Floor

This legislation would allow a municipal government, instead of a school, to apply to the Georgia Department of Transportation (GDOT) for a permit to use a speed detection camera within a school zone where local law enforcement enforces the speed limit. GMA supports this bill.

STUDY COMMITTEES

The House Energy, Utilities and Telecommunications Special Right of Way Subcommittee will take-up:

 

by Rep. Vance Smith (R-Pine Mountain)

This resolution would create a study committee entitled the House Study Committee on Georgia Utility Facility Safety Improvements to review current exemptions for traffic control devices and traffic management systems under the Georgia Utility Facilities Protection Act (GUFPA).

by Speaker David Ralston (R-Blue Ridge), Passed House

This resolution would reauthorize the Rural Development Council to study issues of importance for 2021 and 2022.

 

by Rep. Victor Anderson (R-Cornelia), Passed House

This resolution would create a House study committee to examine the current laws for annexation, with a focus on the annexation dispute resolution process.

 

by Sen. Brandon Beach (R-Alpharetta)

This resolution would create a House study committee to examine the current laws for annexation, with a focus on the annexation dispute resolution process.

 

by Sen. Tyler Harper (R-Ocilla), Passed

This resolution would create a Joint Study Committee on Airport Infrastructure and Improvements to develop a state-wide business plan for airport infrastructure and examine airport policies and funding sources.

THE NEXT 40 DAYS

 

Governor Brian Kemp has received all the bills that passed the legislature, and now has 40 days to take action, if desired.

 

to ask for favorable consideration on bills beneficial for municipalities and request veto action on bills that could be harmful for municipalities.

NEW CITY PROPOSALS

Proposals were introduced in the House of Representatives before the end of this session to allow for the process of determining the viability of creating four new cities. These proposals will be vetted over the interim and considered in the 2022 legislative session.

 

 
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