March 10, 2023 Volume 14, Issue 9 View as Webpage

Many Bills Survive Crossover Day

Crossover Day took place on Monday, March 6, marking a critical deadline for proposed legislation as bills had to make it out of the chamber from they were introduced to stay alive. Many significant bills met the Crossover deadline, while many did not. This week's Legislative Update includes summaries of bills that crossed over and a section listing some that were previously reported on that failed. While the language in the bills that did not pass can be amended onto other relevant bills that are alive, the odds of passage are much less.   Please review all the bills reported in this week's newsletter and talk to your legislators. There are only a few weeks left in this year's legislative session, so time is of the essence to make your voice heard.

Hundreds of County Officials Join ACCG for the Legislative Breakfast The 2023 ACCG Legislative Breakfast took place on Thursday, March 6. Hundreds of county officials joined ACCG and many state leaders for capitol updates and briefings on trending state issues ranging from truck weights, emerging election issues, and the Department of Revenue's plan to implement the Homestead Tax Relief Grants in addition to other services provided to counties. ACCG would like to thank all attendees, invited guests, and speakers for their involvement in the Legislative Breakfast. A special thank you goes to the Georgia Environmental Finance Authority (GEFA) for their sponsorship. Everyone's participation contributed to the overall success of this year's event. Click here to access photos.

Other Bills Making Crossover Click here to review the list of this week's bills. Legislative Tracking Database Access the Legislative Tracking Database for a compilation of all bills ACCG is following.  Sign Up to Receive Legislative Updates

Important Bills That Passed

Dedication of All Hazardous Waste Trust Fund Fees House Bill 31, by Rep. Debbie Buckner, ensures that all fees that contribute to the Hazardous Waste Trust Fund (HWTF) are dedicated for their intended purposes. Please contact members of the Senate Finance Committee and ask for their support.

Bill to Expand Taxation of Digital Goods Passes House House Bill 170 modernizes the sales tax code to clarify that digital goods owned permanently by the purchaser are taxable. This legislation would not include subscription services, where the purchaser pays monthly and does not own the content in perpetuity. HB 170 will expand the sales tax base and provide parity between online retailers and brick and mortar stores.  ACCG supports this measure.  Please contact your Senators on the Finance Committee and let them know that this measure will broaden the sales tax base and protect local businesses.

Truck Weight Bill Rolls on to the Senate On Monday, Crossover Day, House Bill 189 passed by a vote of 93 – 81 (vote tally). The as-passed version increases the allowable weight limit to 88,000 lbs. by increasing the variance from 5% to 10% for vehicles hauling forest products, animal feed, granite, raw ore, minerals, live poultry, cotton, wet concrete, solid waste, and any other agricultural or farm product.   ACCG remains opposed to HB 189 and asks that you review the summary of the bill and contact your Senators to share your county’s concerns.

Bid Requirements for Public Works Projects House Bill 193, by Rep. Victor Anderson, has passed the House and been assigned to the Senate Government Oversight Committee. This legislation will save counties time and effort as it raises the dollar amount threshold required to bid out public works projects from $100,000 to $250,000.

Modify Legal Organ Process Under House Bill 254, by Rep. David Jenkins, if a legal organ makes an error in the publication of a legal advertisement, it is required to correct and post the notice on its website or a website of a newspaper of general circulation within two days. That online posting serves to meet state legal notice requirements. The bill also increases the rate for legal ads and provides an alternative to counties where no legal organ meets statutory print requirements.      This is an 2023 ACCG Policy Objective. Please contact members of the Senate State and Local Government Committee and ask for their support.

Legislation to Replace SUT Exemption on Manufactured Homes Crosses to Senate House Bill 283, authored by Rep. Beth Camp, replaces the existing manufactured home sales and use tax (SUT) exemption. Sales tax will be paid on sixty percent of the manufacturer's invoice amount on the first sale, whether converted to real property or not. All other sales of manufactured homes shall be exempt from all state and local sales taxes.  ACCG opposes this bill. Please contact your Senators on the Senate Finance Committee and ask them to oppose it as well.

Capping Tax Commissioner Compensation and Creating Uniform Contracts House Bill 290, capping the compensation for the tax commissioner and providing a uniform three-party contract between the county, city, and tax commissioner passed the House unanimously on Monday, March 6. This change will provide clarity and transparency to the process for collecting city taxes.  This is a 2023 ACCG Policy Objective. Please contact your Senators on the Senate Finance Committee and ask for their support.

Deannexation Without Requiring City Approval House Bill 374, by Rep. Brad Thomas, allows property owners to deannex from a city under similar conditions that they may annex into a city; however, the city no longer holds unilateral veto power over a deannexation. Several protections are provided to cities, and cities can object to a deannexations if they feel it would be detrimental to the health, safety, and welfare of the residents of the area to be deannexed or of the city.     ACCG supports this legislation, which is now in the Senate State and Local Government Committee.

"Raise the Age" Begins Its Journey in the Senate House Bill 462, also known as Raise the Age, changes the jurisdiction of the Juvenile Court to include certain children who are 17 years of age. This bill creates a 12-person implementation committee, with representatives from the Georgia’s Sheriffs' Association and ACCG. 17-year-olds would still be tried as adults if they commit certain offenses. This bill also seeks to provide perpetual state funding for this policy measure. However, opponents of this bill suggest that there would still be cost to the counties. Please review this legislation and provide ACCG with any concerns you may have.

Housing Preemption - Restrict Zoning Moratoriums House Bill 514, by Rep. Dale Washburn, limits local government zoning or permitting moratoriums to a maximum of 180 days. Any subsequent moratoriums cannot be enacted less than 180 days after a moratorium has expired. It also requires zoning application fees, review fees, and other fees to be used solely for zoning administration.  Please contact members of the Senate Economic Development Committee to share your county's concerns.

Mental Health Reform Pushes Forward House Bill 520 continues mental health reform by providing behavioral health coordinators to counties; establishing uniform mental health screenings in jails; studying workforce solutions; reviewing licensure procedures; and more. Mental health reform is a legislative priority for ACCG. This bill passed overwhelmingly in the House and has been assigned to the Senate Health and Human Services Committee. ACCG supports this bill. Please reach out to members of the Senate Health and Human Services Committee and express your support.

Reduce Passport Fees as Personal Compensation Senate Bill 19, by Sen. Kay Kirkpatrick, caps the fees that clerks and probate judges can personally pocket for processing U.S. passport applications at $20,000 a year and splits the remainder of fees evenly between the county and the clerk/probate office. Counties and the clerk/probate can agree to provide a higher or lower supplement, as can a local act of the General Assembly.   Please contact members of the House Judiciary Committee and ask for their support.

Attorney General Reimbursement Legislation Makes It Past Crossover Senate Bill 31 allows the Attorney General’s Office to request reimbursement from the county for the cost and expenses occurred when the AG elects to take on a case that district attorneys fail to prosecute. ACCG is opposed to this bill. We are seeking an amendment to get the reimbursement to be funded by the district attorneys line item in the state budget.

Back the Blue Fund Aimed at Increasing Sheriffs and Deputies Salaries Senate Bill 110 establishes opportunities for increased salaries and benefits to sheriffs and deputies through a “Back the Blue Fund”. The funding for this would come from people who decide to make the $3.00 contribution option that will be available when they purchase motor vehicle insurance. These funds can only be used for increasing the pay to or enhancing the benefits of sheriffs and deputies. ACCG is concerned about these funds being used for salaries since these funds are not guaranteed to be constant from year to year. Instead, we believe these funds should be used for salary supplements.  ACCG is negotiating with the author to implement these changes to this bill. Please reach out to the House Insurance Committee members and ask them to make these changes.

Counties Must Remove Public Employee Records from Internet Senate Bill 215, by Sen. Matt Brass, requires local governments, upon the request of a public employee, to remove the residential address or phone number of the employee from all property records that are publicly available online within 30 days. ACCG is working with the author to attempt to amend the bill.    Please contact ACCG and members of the House Governmental Affairs Committee to share any concerns you may have with this bill.

Elections - Only Public Funds Can be Used for Elections Current law prohibits election offices from receiving grants to fund election activities. Senate Bill 222, by Sen. Max Burns, adds to that, prohibiting county governing authorities from accepting grants from non-public sources and then funding election expenses. Those who violate these provisions can be charged with a felony.              Please contact members of the House Governmental Affairs Committee to share your county's concerns.

Joint Study Committee on LOST and SDS Negotiations Advances Senate Resolution 214 establishes a joint study committee on local option sales tax (LOST) and service delivery strategy (SDS). The resolution was given a first hearing Thursday in the House Ways and Means Sales Tax Subcommittee and will be eligible for a vote in subcommittee next week.  ACCG supports this bill. Please contact your Representatives on the House Ways and Means Committee and let them know it is important to study LOST while it is fresh on everyone’s mind.

Important Bills That Did Not Pass

Below is a list of significant bills ACCG previously reported on in the Legislative Update that failed to meet the Crossover deadline. HB 17 - Elections - Enhance Custody, Documentation and Security Measures HB 90 - Exempts Local Governments with Floating Homestead Exemptions from Taxpayer Bill of Rights HB 124 - EMS: Municipal Fire Departments May Engage in EMS HB 146 - Expands MOST to Cities That Extend into Three or More Counties HB 184 - Insurance: Mental Health Parity Requirements HB 248 - Sheriff Salary Supplement HB 266 - Medical Freedom Act: Vaccine Preemption HB 287 - Microenterprise Home Kitchen Operations Act HB 293 - Protections Against Infringements on the Right to Keep and Bear Arms HB 322 - Prohibits Nontax Related Fees or Assessments on Property Tax Bills HB 419 - Elections - Reduce Costly Runoffs HB 426 - Unseal Ballots for Public Inspection HB 451 – PTSD Insurance for First Responders HB 461 – Restrict Local Government Building Inspection Fees HB 473 - County Bingo Operations Authorized to Offset Reduced Tax Digests HB 477 - Application of Soil Amendments - Notification & Limited Local Authority HB 517 - Housing Preemption – Design Standards, Lot Sizes and House Square Footage HB 617 - Freight and Logistics Implementation Plan and Framework for Funding HB 625 - Coroners: Provide Base Salary Statewide, Increase Salaries, and Treat as Constitutional Officers HB 657 - Law Enforcement Officers: Minimum Compensation HR 98 - Constitutional Amendment Authorizing Exemptions on Real or Personal Property in Addition to Homesteaded Property HR 232 - House Study Committee on Evaluating, Simplifying, and Eliminating Duplication Mental Health and Social Services Providers SB 16 - Georgia EMS Reform Act SB 32 - Alyssa's Law: Mobile Panic Alert System for Schools SB 37 - Sheriffs: Qualification Requirements for the Office of Sheriff SB 38 - Authorize Speed Limit Detection Devices in School Zones SB 67 – Georgia Second Amendment Protection Act SB 122 - Elections: More Security Requirements  SB 161 - Require a Data Privacy Program for Local Government Vendors SB 165 - Truck Weight Increase for Log Trucks and Others SB 171 - Development Authorities - Expired Term Limits, New Training Requirements & Construction Liens SB 188 – Build- to-Rent Subdivision Preemption SB 189 – Elections - Text Portion of Ballots Constitutes Official Vote SB 212 – Elections - End Probate Judges’ Election Responsibilities   SB 226 - Elections – Absentee Ballot Security Markings Required  SB 251 - Allows Levying or Recommending Authorities the Option to Set a Proposed "Not to Exceed" Millage Rate SR 82 - Constitutional Amendment Allowing County/City Governing Authorities to Waive Delinquent at Tax Sale

More from the Gold Dome

House Version of FY 2024 Budget Includes ACCG Policy Agenda Items One of ACCG’s 2023 Policy Agenda Objectives is to encourage the Governor and the General Assembly to appropriate $6 million in funding to increase the EMS Medicaid rate to the Rural and Urban Medicare rate. While the House didn’t award us with that exact request, they did provide us a 5% Medicaid rate increase in the FY 2024 budget. ACCG is asking that counties reach out to the Senate Appropriations Health and Human Development Subcommittee members and ask that they appropriate funds to increase the EMS Medicaid rate to the Rural and Urban Medicare rate. Another 2023 ACCG Policy Objective is to increase the per diem amount given the county jails and county correctional institutions for housing state prisoners. Currently, the Georgia Department of Corrections pays $30 per day for each state prisoner housed in a county jail awaiting pick up beyond 15 days, while $22 per day is paid for each state prisoner housed at a county correctional institution. ACCG is asking the Governor and General Assembly to increase the amount allocated to counties to $40 a day to county jails and $30 a day to county correctional Institutions. In the FY 2024 budget, the House increased the per diem for county jails to $25. Please reach out to your Senators and ask that they provide an increase to county jails as well.

Virtual Legislative Update Replay Watch the replay of this week's Virtual Legislative Update here. As a reminder, join the ACCG Governmental Affairs team every Friday at 9:00 a.m. during the legislative session. This is a recurring event, so county officials can access the meeting each week through this link.

Stay Connected and Engaged!

Weekly Friday Lobbyist Meeting Returns in Person The Governmental Affairs has hosted in-person meetings periodically on several Fridays during the 2023 legislative session. These meetings are for county contract lobbyists, county officials, and county staff who want to strategize and discuss legislation impacting counties in more detail. The last in person meeting will occur on March 24 from 10:30 a.m. – 11:30 a.m. in Room 328 of the Coverdell Legislative Office Building. The building address is 18 Capitol Square, Atlanta, Georgia 30334 – right across the street from the Capitol.

Policy Communication Tools Don't forget about the various communications tools that will help keep you informed and engaged. Click here to read all about them!

ACCG News

News You Can Use - Articles Related to ACCG Policy Issues Articles covering some of ACCG's major policy issues are found here. Click the hyperlinked title to begin reading. Secretary Raffensperger Announces Launch of Georgia Registered Voter Information System – GARVIS Coosa Valley News- March 10, 2023 Georgia House OKs $32.5B Fiscal ’24 State Budget Capitol Beat News Service- March 9, 2023 State House Passes Bill Barring Lengthy Local Government Housing Moratoriums Rome News-Tribune- March 7, 2023 Crossover Day Wrap: Flurry of Bills Passed at Pivotal Deadline Georgia Recorder- March 7, 2023 Divided House Approves Heavier Trucks for Georgia Highways Atlanta Journal-Constitution- March 7, 2023 Soil Amendment Bill, Adding More Local Control, Must Wait Another Year for House Vote Augusta Chronicle- March 7, 2023 House, Senate Agree on Midyear Budget with $1 Billion Property Tax Break Atlanta Journal-Constitution- March 6, 2023

Questions? Email the ACCG Governmental Affairs team: Clint Mueller Todd Edwards Kathleen Bowen Gabriel Carter Dante Handel

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

Visit www.accg.org for more legislative news.