GUCA. Legislative Update for the Week of February 23-February 27, 2015

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1 GUCA Legislative Update for the Week of February 23-February 27, 2015 The inclement weather that affected those living in the northern part of the state only caused minor delays for the General Assembly this week. Despite a late start Thursday morning, the House passed HB 76, which contains the FY2016 budget. Included with the $21.8 billion budget are increased funding to repair our state s bridges and roads, funding for various transit projects and for maintaining/building facilities for schools and colleges. The version adopted by the House also includes pay raises for certain state judges and rejected Gov. Deal s proposal to cease health insurance coverage for part-time school employees. The Senate will now make its revisions to the big budget, which will likely include some changes over transportation funding. The House also passed legislation authorizing the use of cannabis oil for medical purposes on Wednesday afternoon. Despite receiving strong opposition from the members of Georgia s law enforcement community, HB 1 passed through the House Wednesday afternoon. The version adopted by the House places no age restrictions on patients and will allow possession by patients diagnosed with the following conditions: cancer; Crohn s disease; fibromyalgia; Lou Gehrig s disease; mitochondrial disease; multiple sclerosis; parkinson s disease; seizure disorders; and sickle cell disease. The lack of an age restriction and the increase in the number of accepted conditions has already lodged objections from legislators in the Senate, who want to restrict the use of cannabis oil to children under the age of 18 that suffer from epilepsy. A floor vote in the House on this year s transportation funding bill, HB 170, was further delayed as the bill was re-committed to the House Transportation Committee after spending most of the week in House Rules. It appears that some conservative legislators may be withdrawing their support of the bill because they see it as a tax increase for Georgia citizens and would rather see more funding committed to transportation from the general fund. Finally, two major tax reform bills were introduced in the House this week that if passed, would significantly affect the collection of taxes in the state. HB 335, sponsored by Reps. BJ Pak and Brett Harrell, will reduce the state income tax rate from 6% to 5.25% and will only allow two itemized deductions on a taxpayer s return: one for charitable contributions and another for mortgage interest under $20,000. However, deductions for certain items such as property and state income taxes paid and medical and dental expenses would be eliminated. HB 445, sponsored by Rep. John Carson and dubbed the More Take Home Pay Act, will also reduce the income tax rate from 6% to 4%, increase the state sales tax from 4% to 5%, and close several tax Page 1 of 8

2 loopholes/exemptions. Given the late introduction of these bills in this year s session, it is unlikely that they will move until next year. As far as GUCA is concerned, GUCA s new Call Before You Dig legislation will be introduced early next week by Senator Lindsey Tippins. We met with PSC Commissioners Doug Everett and Bubba McDonald and staff in January regarding Call Before You Dig marking rulings by certain Counties and Cities, and GUCA sent a proposal to PSC staff to strike the PSC rule that could harm our members in the future in this area. The rule change proposal would make rulings and interpretations on Call Before You Dig uniform for all cities and counties across the state. Due to a current PSC rule and reg, counties and cities have the ability to enforce tighter rulings on marking, than what state law calls for, which means every city and county could have their own policies and rules. This of course would harm our members. The PSC Commissioners came back to GUCA lobbyists and said that this cannot be done through rule at PSC. It has to be done through law. Our government affairs team met with the PSC legislative liaison two weeks ago regarding possible legislation on this, and as was mentioned earlier, we are working on having Senator Tippins introduce it. The bill calling for increased transportation funding is crucial to GUCA and our membership, and our lobbying team meets with the author and political leadership on a daily basis urging them for passage and mentioning its positive impact for our members. We re also discussing other pieces of legislation to possibly introduce or not introduce, and we continue to look out for anything that harms our members in any way, which is evident in the bills listed below BILLS: HB 18: Professional engineers and land surveyors; defense, aviation, space or aerospace companies from complying with provisions; exempt Sponsor: Jason Spencer, 180th A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to exempt defense, aviation, space, or aerospace companies and those who work for them and who provide engineering for certain products or services from complying with the provisions of said chapter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Status: Referred to House Regulated Industries Our Position: Neutral/Monitor 2/18/15: Passed through Committee. Bill is now in House Rules. Page 2 of 8

3 SB 4: Urban Redevelopment; provide for use of surface transportation projects; definitions; public contracts with private enterprises for completion Sponsors: Sen. Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Orrock of the 36th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment for counties and municipal corporations, so as to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; to provide for public contracts with private enterprises for the completion of surface transportation projects; to provide for methods of procurement for surface transportation projects in urban redevelopment areas; to provide for limitations on former public employees when negotiating contracts for surface transportation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to Economic Development and Tourism Committee. 2/11/15: Committee sub passed through committee. 2/20/15: Passed through Senate. Assigned to House Transportation Committee. SB 59: "Partnership for Public Facilities and Infrastructure Act" Sponsors: Senators Hill of the 6th, Mullis of the 53rd, Gooch of the 51st and Beach of the 21st: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the O.C.G.A., relating to state government, so as to provide for a "Partnership for Public Facilities and Infrastructure Act"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Status: Referred to Economic Development and Tourism Committee. 2/11/15: Committee sub passed through committee. HB 97: Open Agreements Act; enact By Representatives Turner of the 21st, Caldwell of the 20th, and Cantrell of the 22nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that all public bodies shall disclose certain communications, terms and conditions of agreements, and incentives and offers made regarding certain matters; to provide for definitions; to provide a short title; to provide for legislative findings; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting Page 3 of 8

4 laws; and for other purposes. Status: Bill has been withdrawn by the sponsor. Our Position: Opposed/Kill HB 133: Contract Cancellation Act; enact Sponsors: Reps. Holcomb of the 81st and Prince of the 127th: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that any service contract such entities enter into shall contain a termination clause; to provide that poor performance or cost overrun shall constitute cause for termination of the contract; to provide for applicability; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on GOVERNMENTAL AFFAIRS HB 134: State Work Opportunity Tax Credit; incentive to private sector employers to hire Individuals from certain target groups of job seekers who face employment barriers; provide Sponsors: Reps. Bennett of the 94th, Beasley-Teague of the 65th, Mabra of the 63rd, Randall of the 142nd, Abrams of the 89th, and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation and exemptions from state income taxes, so as to provide for a State Work Opportunity Tax Credit as a state income tax credit incentive to be provided to private sector employers to hire individuals from certain target groups of job seekers who face employment barriers; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on WAYS & MEANS HB 136: Taxpayer First Act; enact Sponsors: Reps. Smith of the 125th and Jackson of the 128th: A BILL to be entitled an Act to amend Code Section of the Official Code of Georgia Annotated, relating to competitive bidding procedures for state purchasing, so as to require a cost comparison prior to entering into certain private service contracts; to prohibit the state from entering into private service contracts unless financially advantageous compared to performance of the contract by public employees; to provide for a short title; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Page 4 of 8

5 Status: Referred to the Committee on GOVERNMENTAL AFFAIRS HB 140: Open Records Act; enact Sponsors: Reps. Anderson of the 92nd and Bryant of the 162nd: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for state government, so as to provide that information pertaining to certain contracts with state agencies be open for inspection; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on GOVERNMENTAL AFFAIRS Our Position: Opposed/Kill HB 151: Georgia Fair Play Act; enact Sponsors: Reps. Williams of the 168th, Howard of the 124th, and Ealum of the 153rd: A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the state accounting office, so as to direct the state accounting officer to pay state obligations to vendors within a certain time period; to provide that, if such payments are not made within the time specified, the state will owe interest equal to 12 percent per annum; to provide for information from state agencies; to provide for promulgation of rules and regulations; to provide for a short title; to provide for an effective date; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on GOVERNMENTAL AFFAIRS HB 170: Transportation Funding Act of 2015; enact Sponsors: Reps. Roberts 155 th ; Burns 159; Hamilton 24 th ; England 116 th ; Stover - 71 st ; Hatchett 150th A BILL to be entitled an Act to amend various provisions of the O.C.G.A., so as to provide for additional revenue necessary for funding transportation purposes in this state; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Chapter 12 of Title 45 of the O.C.G.A., relating to the Governor, so as to limit the Governor's power to suspend the collection of certain motor fuel taxes and require ratification by the General Assembly; to amend Title 48 of the O.C.G.A., relating to revenue and taxation; to amend Part 3 of Article 2 of Chapter 10 of Title 32 of the O.C.G.A., the "Georgia Transportation Infrastructure Bank Act," so as to provide new criteria for determination of eligible projects by the Transportation Infrastructure Bank; Page 5 of 8

6 to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to House Transportation Committee. 2/19/15: Passed through Committee. Bill is now in House Rules. 2/24/15: Recommitted to House Transportation HB 174: Urban Redevelopment Law; include blighted areas; provisions Sponsors: Reps. Jones of the 62nd, Bruce of the 61st, Gravley of the 67th, Hightower of the 68th, and Alexander of the 66th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to include blighted areas; to modernize terminology; to provide for the use of surface transportation projects in urban redevelopment areas; to provide for definitions; Status: Referred to Committee on Transportation HB 297: Professional licensing boards; make designations for the receipt and processing of applications for examination; provide Sponsors: Reps. Beskin of the 54th, Nix of the 69th, Geisinger of the 48th, Dudgeon of the 25th, Maxwell of the 17th, and others: A BILL to be entitled an Act to amend Code Section of the Official Code of Georgia Annotated, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licensees, and funding, so as to provide for professional licensing boards to make designations for the receipt and processing of applications for examination; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on Regulated Industries Our position: Monitor 2/19/15: Passed through Committee. Bill is now in House Rules. HB 358: Legislative Oversight Committee for State Contracts; establish Sponsors: Reps. Hawkins of the 27th, Weldon of the 3rd, Welch of the 110th, Abrams of the 89th, Smyre of the 135th, and others: A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the Legislative Oversight Committee for State Contracts; to provide for its Page 6 of 8

7 composition, duties, and powers; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on GOVERNMENTAL AFFAIRS Position: Monitor SB 142: Local Government; regulate procedures governing applications for permits for critical infrastructure projects Sponsors: Sen. Beach of the 21st and Mullis of the 53rd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to regulate procedures governing applications for permits for critical infrastructure projects; to regulate local government zoning procedures with respect to critical infrastructure projects; to provide an effective date; to repeal conflicting laws; and for other purposes. Status: Referred to Regulated Industries and Utilities Committee. Status: Monitor HB 435: Income tax; revision of personal income tax rates; provide Sponsors: Reps. Pak of the 108th and Harrell of the 106th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the revision of personal income tax rates; to eliminate itemized adjustments to Georgia taxable net income except for limited mortgage deductions and charitable contributions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on Ways & Means Position: Monitor HB 445: More Take Home Pay Act of 2015; enact Sponsor: Rep. Carson of the 46th: A BILL to be entitled an Act to amend certain titles of the Official Code of Georgia Annotated so as to provide for comprehensive changes to the nature of taxation in this state; to amend Titles 48, 36, and 46 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation, local government, and public utilities, so as to provide for comprehensive revision of personal income taxes; to provide for a short title; to provide for effective dates; to provide for applicability; to provide that certain provisions of this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Referred to the Committee on Ways & Means Page 7 of 8

8 Position: Monitor HB 461: Secondary metals recyclers; buying and selling regulated metal property; change certain provisions Sponsors: Reps. Shaw of the 176th, Strickland of the 111th, Stephens of the 165th, Maxwell of the 17th, Watson of the 172nd, and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on REGULATED INDUSTRIES Position: Monitor Page 8 of 8