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June 30, 2020 Volume 11, Issue 12

2020 Legislative Session Recap

The 2020 legislative session ended on Friday, June 26. Extending into early summer, this year's session was unlike any other that state leaders of this generation have witnessed due to the COVID-19 global health pandemic. Despite these unprecedented times, the General Assembly fulfilled its obligation to all Georgians and made it through Legislative Day 40, also known as Sine Die, to finish out another legislative session. In this edition of the Legislative Update, ACCG outlines key legislation that passed, as well as significant bills that failed to make it through to the finish line. Join members of the Policy Team tomorrow, July 1 at 9:00 a.m . for a recap of the 2020 legislative session via Facebook Live . County officials are strongly encouraged to ask questions and offer comments during the broadcast as this is an opportunity to engage directly with the team. Please continue to monitor for additional information as the Governor prepares to either sign bills into law, let bills become law without his signature, or issue vetoes. The Final Legislative Update will be released within the coming weeks and will include a complete, final list of bills that are significant to Georgia counties and their ultimate status. As always, ACCG extends its many thanks and sincerest appreciation to all county officials for another successful session under the Gold Dome. Counties are regularly met with challenges and their resilience often prevails. Though this year's challenges are certainly unique, the active participation of local elected leaders continues to be valuable in all aspects of effective leadership - from speaking with one unified voice at the Capitol down to governing their individual communities. Again, thank you.

Key Legislation That Passed

Despite Cuts, Funding for Counties Retained in FY 2021 Budget The final FY 2021 Budget, House Bill 793 , reduced or eliminated many of the initially-proposed cuts to the state budget. Though there were many reductions, funding for key county issues was ultimately included in the final version. Forestland Protection Grants were fully funded while funding for public health grants and accountability courts was reinstated. ACCG will provide a thorough overview of the budget and will share it in the near future. For detailed information on the Conference Committee Report on the budget, click here to view the tracking sheet.

COVID-19 Liability Protection for Businesses and Counties Legislation providing liability coverage for businesses, health care providers, local governments, and other entities in response to the COVID-19 pandemic passed the House and Senate on the last day of session and now awaits the Governor’s signature. Senate Bill 359, the Georgia Pandemic Business Safety Act, includes county government employees and county government facilities in the definition as being afforded liability protection from such lawsuits.

Tweaks to Title Ad Valorem Tax (TAVT) Formula House Bill 779 , this year's Title Ad Valorem Tax (TAVT) legislation, is headed to the Governor’s desk. HB 779 adjusts the local split of TAVT proceeds for vehicles registered to addresses within city limits. Under this bill, counties will receive 23% (currently 28%) of the local TAVT share, and cities will receive 28% (currently 23%), with the county school system receiving 49%. For vehicles registered to unincorporated addresses, the county (51%) and school (49%) shares remain unchanged.

Peace Officer Annuity and Benefit Fund One of ACCG's agenda items, Senate Bill 249 contains numerous changes to the Peace Officers Annuity and Benefit Fund (POAB). ACCG worked with all stakeholders on this legislation. Among the major components are the inclusion of county jailers in the POAB Fund; an increase in the surcharge in order to meet the actuarial needs of the plan; increased contribution by members; and the language change that adds the fee to the fine instead of deducting it from counties' portion of the fine. This should result in an increase in the amount of fines collected by counties.

Omnibus Alcohol Bill Passes Late in the session, various alcohol-related bills were combined into House Bill 879 . The bill first requires a statewide, streamlined alcohol licensing process whereby the state and local governments review and issue new and renewed alcohol permits via an online portal. The bill also authorizes the home delivery (under very strict guidelines) of beer, wine and liquor unless prohibited by local governments; allows beer, wine and liquor tastings at package stores; authorizes local governments to permit package sales within 200 yards of college campuses; and allows local governments to change the hours of Sunday alcohol sales via an ordinance rather than taking it to referendum.  ACCG sought amendments to address two very narrow, specific concerns with Section 1 of the bill - the statewide, online licensing portal. ACCG believes that the Department of Revenue (DOR) should have been allowed additional time (from January 2, 2021 to July 1, 2021) to develop this system and that DOR should have been required to wait to process the state alcohol permit until after the local permit has been submitted. Those proposed revisions were rejected.

Counties Move Up in Priority of Payment Representative Rick Williams sponsored House Bill 576, which changes the priority for payment for partial fine payments. When someone pays a portion of a fine instead of the full amount, there is a statutory priority of which entity receives payment first. Under current law, counties are 10th on that priority of payment, but HB 576 now places them at number five. This will result in an increase in fine revenue.

Sales Tax Refunds - Cash Flow Relief for Counties House Bill 846 will lessen the impact of some sales-tax refunds paid out by the Department of Revenue (DOR). HB 846 codifies the “direct pay permit” program, under which major taxpayers from industries such as manufacturing, telecommunications, mining and transportation can directly pay sales taxes on their purchases (rather than paying sales taxes to vendors). When DOR determines that a direct-pay permit holder has overpaid sales taxes, counties (and other local governments) may choose to have that refund paid out over the same amount of time that the permit holder overpaid those taxes. Under present law, such refunds are deducted from DOR payments to local governments all at once, even if those taxes were overpaid for multiple years. This change will allow counties to avoid the significant cash flow problems that arise from such refunds being deducted all at once.

Timber Harvesting: Changes to County Ordinance & New Notification Website Legislation related to timber harvesting received final passage. Supported by ACCG, House Bill 897  establishes a framework for a statewide timber harvest notification web page housed by the Georgia Forestry Commission; increases the fine for harvesters who fail to notify the county that they are operating within their jurisdiction; and increases the bond amount due by harvesters who have previously been found to cause damage to county roads and rights of way. Counties are encouraged to review their current Timber Harvest Notification Ordinance. An ACCG Model Ordinance that will include the procedural changes made in HB 897 is forthcoming, so please monitor the association's website and your email for information regarding this. Click  here for additional details.

Other Key Legislation That Passed HB 105 – Taxation of Ridesharing HB 244 – EMCs: Public Service Commission to Determine Pole Attachment Rates HB 417 - Comprehensive Regulation of Trauma Scene Cleanup Services HB 426 - Hate Crimes HB 487 - Disaster Relief Act HB 511 - Atlanta-Region Transit Link Authority: Clean Up Bill HB 777 – State Building Code: Add “Mass Timber” as a Construction Material  HB 838 - Peace Officer and First Responder Bill of Rights HB 848 – Surplus Property: State Can Sell to Entities Outside of Georgia    HB 857 - Prohibition: Burning Chemically Treated Wood Products HB 897 - Timber Harvesting: Changes to County Ordinance & New Notification Website HB 901 - GEFA Loans for Land and Water Conservation Projects HB 983 - Revise Reporting Requirements for Sexual Offender Registration HB 1008 – Residential Industrial Buildings: Allow to Have Permanent Metal Chassis  HB 1057 - Regulation of Soil Amendments: Increasing County Authority HB 1090 – Maternity: Counties Must Provide Time and Location for Expressing Breast Milk  HR 164 - Dedication of Trust Funds HR 935 - Georgia Commission on Freight and Logistics SB 38 - Home Rule Violation: New Process to Abolish County Police Department Bypassing County Commissioners SB 104 – Extending Sales Tax Exemptions for Nonprofit Food Banks, Organ Procurement Organizations, and Health Centers SB 123 - Solid Waste: Landfills, Host Fee & Trust Funds SB 295 – Constitutional Officer Pay Raise Clarification SB 341 - Re-employment of Retired Certified Peace and Correctional Officers During Disasters and Emergencies SB 342 - Creation of a Standards and Training Council for Volunteer Firefighters and Departments SB 345 - Department of Public Health Requirements for Permitting Festivals and Short-Term Events SB 359 - COVID-19 Liability Protections SB 362 – Livestock Running at Large: Change County Fees for Impounding SB 375 - Penalties for Selling Vapor Products to Person 21 & Under SB 377 – Building Codes: Private, Third-Party Review and Inspections Expanded SB 395 - County and Municipal Hospital Authorities Sale or Lease of Property by Authority, Use of Funds SB 402 - Elimination of OR Bonds (Release on Own Recognizance) Now Unsecured Judicial Release SB 405 - Six Person Jury Trials for Criminal and Civil Matters SB 410 – Attorney’s Fees in Tax Appeal Cases/Virtual Board of Equalization Hearings SB 426 - Reporting Requirement For Any Spill or Release of Ethylene Oxide SB 445 - Extending Local Authority for Land Disturbance Permitting SB 446 - Cash Bonds and Unclaimed Cash Bonds Change Length of Time Court must Hold SR 899 – Alcohol: Senate Study Committee on Georgia’s Three-Tier Distribution System

Constitutional Amendments on the November Ballot

Dedication of Trust Funds  House Resolution 164 establishes a constitutional amendment that will authorize the Georgia General Assembly to establish, by statute, true and dedicated trust funds whereby fees collected for a specific purpose must go to that purpose rather than be redirected to the state's General fund. ACCG has advocated for the General Assembly to dedicate the Hazardous Waste Trust Fund (HWTF) and Solid Waste Trust Fund (SWTF) for more than 10 years. The approval of the constitutional amendment would allow the General Assembly to take steps in the right direction to "put the trust in trust funds.” ACCG would like to thank Rep. Andy Welch for his efforts in getting this legislation to the finish line. The late Rep. Jay Powell and late Sen. Jack Hill were also instrumental in the bill's passage. Click here for additional details.

Waiver of Sovereign Immunity for Certain Non-Monetary Claims If approved on the November ballot, House Resolution 1023 will waive state and local government sovereign immunity for non-monetary claims alleging that the government has violated the Constitution or state law or is otherwise acting beyond its authority. This waiver would apply to claims arising on or after January 1, 2021. Damages and attorney’s fees would not be available as a part of such lawsuits.

Key Legislation That Failed to Pass

Legislation to Modify Legal Advertisement Mandate Fails, Once Again Senate Bill 406 , an ACCG agenda item for 2020, would have authorized local governments to post legal advertisements on their website, the legal organ’s website, or a common statewide website in addition to the required paid posting in the county’s legal organ. If the legal organ delayed or failed to post the notice in print, the publication on the county website, legal organ’s website or common statewide website would serve as adequate notice to the public and the local government’s business could continue. As with ACCG’s last legal organ modernization legislation, this bill died in the Senate Rules Committee.

Short Term Rental Preemptions Fall Short House Bill 523 would have prohibited counties and cities from regulating most aspects of short-term rentals of property. Among the bill’s provisions, local governments could not prohibit such rentals, impose occupancy limits, require registration of such properties, regulate rental frequency, or require licenses/permits for or inspections of such properties.  Senate Bill 162 , as changed in the House, would have allowed local governments to regulate the occupancy or rental of residences (defined as properties rented for less than 30 consecutive days) within their jurisdictions; however, local governments could not have "prohibited all such occupancies or rentals" within their jurisdiction. Lastly, House Bill 980 would have redefined “family" in state law, mandating that local zoning codes permit all forms of housing, co-housing, boarding houses and student housing in single-family neighborhoods. All these bills failed.

Design Standards Preemptions Fail to Pass Muster House Bill 302 , House Bill 937 and Senate Bill 172 would have prohibited counties and cities from regulating “building design elements” in single or double family dwellings. In short, if new residences and subdivisions met state minimum building standard codes, they could be built, and local governments would have no say in the matter. ACCG felt these bills were an unconstitutional and unwarranted usurpation of local home rule authority and decision making.

General Assembly Declines to Take Up Lodging Facilitator Legislation Despite a flurry of behind-the-scenes activity on the final day of session, legislation ( House Bill 448 ) to require lodging facilitators such as Airbnb and VRBO to collect local hotel-motel taxes failed to pass. However, under legislation passed early in the session, as of April 1 st these lodging facilitators are required to collect sales taxes on short-term rentals through their platforms. HB 448 would also have expanded the state $5 per night fee (currently applicable to hotel stays) to also apply to short-term rentals.

Other Key Legislation That Failed to Pass HB 102 – Expansion of Property Tax Exemptions for Charitable Properties HB 153 – Calculation and Use of Regulatory Fees HB 264 - EMSC Transparency Bill HB 378 – Rental Car Excise Tax – Collection by Marketplace Facilitators HB 465 - Water Customer Bill of Rights HB 469 - Statewide Regulations for Booting Vehicles HB 545 - Limitations on Nuisance Claims Against Agriculture Facilities and Operations HB 690 – Building Permits: Locals Can’t Charge More than $500 for “Agricultural Structures”    HB 715 – Occupation Taxation – Gross Receipts & $400 Club HB 765 - Magistrate Court Judges and Clerks Increase in Minimum Compensation HB 757 – Elections: Add Special Election Primaries at County Expense HB 807 – Calculation and Use of Regulatory Fees HB 834 – Broadband: Authorize Local Revenue Bonding HB 844 – Additional Information on Property Tax Bills HB 850 – Limits on Permissible Referendum Dates HB 854 – Battery-Charged Electric Fences: Limit Local Government Regulation   HB 898 – Zoning Decisions May Take into Consideration School Overcrowding HB 906 - Heritage Trust Program HB 917 – Guns: Counties Must Send Weapons License Holders a Renewal Notice  HB 954 – Porch Piracy: Punish with a Felony HB 958 - The Maternity Supportive Housing Act HB 986 – Development Authorities: County Commissioner Cannot be Chairman HB 1038 – Tax Assessment of Commercial Properties HB 1073 - Creation of Regional Development Authorities HB 1099 – Coroners: Provide a Hefty Pay Raise and Treat as Constitutional Officers HB 1122 – Regional Commissions: Change Make-up of Council and Establish Exec Committee   HR 1093 – Cybersecurity: Establish House Study Committee  SB 159 - Regulations for e-Scooters SB 302 – Economic Analyses of Tax Credits and Exemptions SB 319 - Requirements for Building Below Category II Dams SB 338 – Animal Dealers: Change License Requirements  SB 344 - Allow Certain Criminal Proceedings to be Conducted by Video Conference SB 406 – Legal Organ: Modify Legal Advertising Requirements  SB 413 – Open Meetings: Authorize Local Public Hearings by Teleconference SB 463 – Elections: Several Changes to State Law SB 464 – Cybersecurity: Authorize Discussion in Executive Session and Shield Public Records    SB 480 – Contracts to Identify Underpaid Sales Taxes SB 496 – Energy and Fuel: Local Governments Cannot Discriminate Against Types or Sources  SR 793 - Joint Private Financing of Infrastructure Study Committee SR 885 - Constitutional Amendment: Allowing State to Bond Airport Projects

Questions? Email the ACCG Legislative team: Clint Mueller Todd Edwards Kathleen Bowen Debra Nesbit Larry Ramsey

ACCG is YOUR county association. We are here to advance all Georgia county governments. Please feel free to contact a member of the policy team if they can assist in any way.

Visit www.accg.org for more legislative news.