Friday was Crossover Day (Legislative Day 28), the day when a bill must have passed out of either the House or the Senate in order to be considered by the other chamber. This has been a relatively quiet session and Crossover Day provided good evidence of that, with most of the bills that were being voted on in both chambers largely non-controversial. 

The following is an update as to which of the bills that we are following are still "alive" or "dead" after Crossover Day.  
Legislation-ACEC-Georgia-is-following
HB 55 - By Rep. Rick Williams (R-Milledgeville) is a proposal to institute term limits for the members of Georgia's professional licensing boards (limited to no more than eight consecutive years of service). This bill is probably not moving forward. STATUS: Dead for this Session.  

HB 59 - By Rep. Ron Stephens (R-Savannah) modifies Georgia's existing historic structures tax credit by raising the cap on credits to $100,000 for residential structures and up to $5 million per individual non-residential structures, unless the non-residential project creates 200 or more full-time jobs or $5 million or more in annual payroll, in which case the cap is up to $10 million. The total amount of all credits is subject to an aggregate limit of $50 million per year. The bill also makes those tax credits more readily transferable. STATUS: Passed out of the House Ways & Means Committee on February 27, 2017 and the full House on March 3, 2017 by a vote of 139-27. Assigned to Senate Finance Committee. 

HB 68 - By Rep. Andrew Welch (R-McDonough) would require the creation of an emergency pull-off shoulder for the entire length of any GDOT road construction zone. STATUS: Dead for this Session.

HB 73 - By Rep. Penny Houston (R-Nashville) would provide a series of tax credit incentives to promote the revitalization of vacant rural Georgia downtowns. STATUS: Passed out of the House Ways & Means Committee on February 9, 2017 and the full House on February 16, 2017 by a vote of 158-3. Pending in Senate Finance Committee. 

HB 76 - By Rep. Rick Jasperse (R-Jasper) is a bill intended to correct the unintended consequences that resulted from last year's legislation changing the requirements and certifications for recordation of maps, plats and plans. ACEC Georgia supports this legislation. STATUS: Passed out of the House Judiciary Committee on January 31, 2017 and by the full House on February 8, 2017 by a vote of 166-0. Pending in Senate Judiciary Committee. 

HB 87 - By Rep. Brad Raffensperger (R-Johns Creek) would allow for up to three-year corporate registrations for certain types of businesses. STATUS: Passed out of the House Small Business Development Committee on February 23, 2017 and the full House on February 28, 2017 by a vote of 167-3. Assigned to Senate Economic Development & Tourism Committee. 

HB 134 - By Rep. Bubber Epps (R-Dry Branch) is legislation that was requested by the Association of County Commissioners of Georgia (ACCG) to create more flexibility in the transportation SPLOST provisions of HB 170 and to provide a 20-year duration for any T-SPLOST that is limited to transit. The current version eliminates the 20-year duration for transit T-SPLOSTs and incorporates the language of HB 215 (see below) to allow cities to issue general obligation bonds pursuant to a transportation sales and use tax (just as counties already can under the law). ACEC Georgia supports this legislation. STATUS: Passed out of the House Ways & Means Committee on February 16, 2017 and the full House on February 23, 2017 by a vote of 106-58. Pending in Senate Finance Committee. 

HB 158 - By Rep. Ron Stephens (R-Savannah) the "Destination Resort Act" is one of two identical companion bills [the other being SB 79 by Sen. Brandon Beach (R-Alpharetta)] that would allow for the construction and operation of two destination casino resorts in Georgia. STATUS: Dead for this Session.  

HB 160 - By Rep. Kevin Tanner (R-Dawsonville) is one of two different bills (the other being SB 6) that would create a new state commission that would be tasked with coming up with a plan for how Georgia's myriad of transit services could be cohesively coordinated (at a minimum), integrated or even combined. The House plan would create a "Georgia Commission on Transit Governance & Funding" that would make a recommendation to the General Assembly for legislation to create a unified transit governance structure and to recommend funding sources for construction and operation of the unified transit structure on or before the end of 2017 and for legislation to be introduced in the 2018 session. ACEC Georgia supports this legislation. STATUS: Passed out of the House Transportation Committee on February 9, 2017 and the full House on February 16, 2017 by a vote of 166-1. Pending in Senate Transportation Committee.

HB 183 - By Rep. Robert Dickey (R-Musella) would recreate the Georgia Geospatial Advisory Council as part of the Department of Community Affairs. STATUS: Passed out of the House State Planning & Community Affairs Committee on February 8, 2017 and the full House on February 15, 2017 by a vote of 166-5. Pending in Senate Natural Resources and the Environment Committee. 

HB 189 - By Rep. Sheila Nelson (D-Augusta) the "Contract Cancellation Act" would require any service contract with a state agency or local government to "contain specific performance and cost parameters" and require the service provider to submit quarterly reports to the governing authority showing the provider's compliance with those performance criteria. It would also allow all contracts to contain a provision allowing governing authority to terminate the contract if the contractor fails to comply with the performance criteria or if projected annual costs exceed the cost established by the contract. Obviously, performance and cost criteria can be affected conditions outside of the service provider's control, including the actions of third parties or the governing authority itself. This bill did not move until very late in the process. We are working to understand the motivation behind the bill and to work with the Senate committee to educate them on the potential unintended consequences of this legislation. STATUS: Passed out of the House Government Affairs Committee on March 1, 2017 and the full House on March 6 by a vote of 156-13. Assigned to the Senate State & Local Government Operations.

HB 201 - By Rep. Ron Stephens (R-Savannah) would exempt transit and school buses from Georgia's motor fuel excise tax. STATUS: Dead for this Session.  

HB 204  - By Rep. Brett Harrell (R-Snellville) would prohibit anything other than actual ad valorem property taxes from being included on property tax bills (i.e. no solid waste or stormwater fees on tax bills). There has been significant opposition to this legislation from local governments, particularly local stormwater authorities. STATUS: Passed out of the House Ways & Means Committee on February 16, 2017 and out of the full House on February 28, 2017 by a vote of 111-61. Assigned to Senate Finance Committee.

HB 215  - By Rep. Meagan Hanson (R-Brookhaven) would allow cities to issue general obligation bonds pursuant to a transportation sales and use tax (just as counties already can under the law). While this language has been inserted into HB 134, it is not clear if the committee will also try to move this bill too, as insurance if that legislation falters. ACEC Georgia supports this legislation. STATUS: Dead for this Session (but the language from this bill was incorporated into the Ways & Means Committee substitute version of HB 134, which is still alive).

HB 248 - By Rep. Trey Kelley (R-Cedartown) seeks to provide a legal framework for the operation of autonomous motor vehicles on public roads. However, the legislation also presents some significant concerns that it may actually stifle the use and development of this emerging technology in Georgia if passed as is. STATUS: Dead for this Session. 

HB 271 - By Rep. Jesse Petrea (R-Savannah) seeks to clarify and expand shore protections in coastal Georgia. STATUS: Passed out of the House Natural Resources & Environment Committee on February 23, 2017 and the full House on March 3, 2017 by a vote of 174-0. Assigned to Senate Natural resources and the Environment Committee.

HB 317 - By Rep. Todd Jones (R-Cumming) would lower the current annual fee for alternative fuel vehicles from $200 to $100, meaning alternative fuel vehicles would pay approximately half as much to maintain Georgia's roads as the drivers of conventional fuel vehicles, while having the same maintenance impact on those roads. ACEC Georgia opposes this legislation. STATUS: Dead for this Session.

HB 364 - By Rep. Matt Gurtler (R-Tiger) is identical to SB 58 by Sen. Josh McKoon and would completely eliminate the $5.00 per night hotel/motel room fee that makes up a significant portion of the new transportation revenues created by HB 170 in 2015. ACEC Georgia opposes this legislation. STATUS: Dead for this Session. 

HB 379 - By Rep. Kevin Tanner (R-Dawsonville) would create a new Georgia Public Road Authority which would be a public corporation established to provide financing alternatives for the construction of public roads throughout the state, including tolled facilities and public-private partnerships. STATUS: Dead for this Session.  

HB 434 - By Rep. Wendell Willard (R-Sandy Springs) would create an exception to current law prohibiting property taken by eminent domain from being converted to a non-public use for 20 years from the date of the taking. The bill would allow for a judicial proceeding to determine if the property is "blighted" and can, therefore, be taken and later converted to non-public use. This would facilitate the revitalization and redevelopment of distressed areas and properties. STATUS: Passed out of the House Judiciary Committee on February 24, 2017 and the full House on March 3, 2017 by a vote of 158-6. Pending in the Senate Judiciary Committee. 

SB 2 - By Sen. Mike Dugan (R-Carrollton) the FAST Act ("Fairness, Accountability, Simplification, and Transparency - Empowering Our Small Businesses to Succeed") seeks to eliminate duplicative rules, regulations and red tape to create a more efficient and transparent permitting process for Georgia businesses. It would require state agencies and local governments to set forth a specific turnaround time for processing licenses, permits and approvals as well as associated fees, including making available an expedited process available for an additional fee. If the agency fails to meet its timeline, the fee for that service would be reduced.  ACEC Georgia supports this legislation.  STATUS: Passed out of the Senate Economic Development and Tourism Committee by Substitute on February 15, 2017 and the full Senate on February 17, 2017 by a vote of 53-0. Pending in the House Small Business Development Committee.

SB 3 - By Sen. Lindsey Tippins (R-Marietta) the "Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act" would expand career education in grades 6 through 12, including new opportunities for internships, apprenticeships and cooperative learning and to provide a means of industry credentialing for those programs. It also requires closer collaboration between the Georgia Department of Education and the Technical College System of Georgia relative to identifying and addressing critical workforce needs through career education. ACEC Georgia supports this legislation. STATUS: Passed out of the Senate Education & Youth Committee by Substitute on February 14, 2017 and the full Senate on February 17, 2017 by a vote of 52-0. Assigned to the House Education Committee.

SB 6  - By Sen. Steve Gooch (R-Dahlonega) is one of two bills (the other being HB 160) that would create a new state commission that would be tasked with coming up with a plan for how Georgia's myriad of transit services could be cohesively coordinated (at a minimum), integrated or even combined. SB 6 would create a "Georgia Regional Transit Council" that would be required to make its recommendations by December 31, 2018 (or December of 2019, with the approval of the Lt. Governor and Speaker). The Senate plan only requires the council to issue a "strategic plan" for efficiency and coordination of transit services, which would also establish performance metrics and targets for transit operators based on criteria such as efficiency, cost effectiveness and customer service. The Senate plan also calls for a unified branding and marketing strategy. ACEC Georgia supports this legislation.  STATUS: Passed out of the Senate Transportation Committee on February 7, 2017 and the full Senate on February 22, 2017 by a vote of 48-0. Assigned to the House Transportation Committee.

SB 17 - By Sen. Renee Unterman (R-Burford) is the so-called "Mimosa Mandate" bill (formerly known as the "Better Brunch Bill") to allow local governments to authorize the sale and consumption of alcoholic beverages on Sundays starting at 10:30 a.m. (current law prohibits this activity until 12:30 p.m. on Sundays). STATUS: Dead for this Session.

SB 19 - By Sen. Josh McKoon (R-Columbus) would require the State Treasurer to create an "Expenditure Database of the State of Georgia" that would show all expenditures made by any state entity to all vendors and which would be fully searchable online by a variety of search criteria. Vendor is defined in the legislation as anyone providing equipment, materials, goods, supplies or services to any state entity pursuant to a contract. STATUS: Dead for this Session. 

SB 26  - By Sen. Josh McKoon (R-Columbus) would require local school boards to use "competitive sealed bidding" for any professional services contracts that exceed $50,000 in any calendar year. The bill only applies to local boards of education. STATUS: Dead for this Session.

SB 27  - By Sen. Josh McKoon (R-Columbus) would require attorneys fees to be awarded to prevailing condemnees in condemnation cases. STATUS: Dead for this Session.

SB 54 - By Sen. Josh McKoon (R-Columbus) creates new regulations around autonomous vehicles. STATUS: Dead for this Session.

SB 58 - By Sen. Josh McKoon (R-Columbus) would completely eliminate the $5.00 per night hotel/motel room fee that makes up a significant portion of the new transportation revenues created by HB 170 in 2015. A hearing was held in which hotel industry representatives were unable to objectively demonstrate any negative impact on their overall business. ACEC Georgia opposes this legislation. STATUS: Dead for this Session.

SB 67  - By Sen. John Albers (R-Roswell) the "Bring Small Businesses Back to Georgia Act" is a regulatory reform bill focused on small businesses (defined as an independently-owned business having less than 50 employees or less than $4 million in gross annual sales). It would amend the administrative procedures act relative to state agency rule making authority, requiring a cost-benefit analysis, expanded notice and hearing requirements as well as requiring amendment or repeal of two existing rules for every new rule proposed. It would also require hearings by standing legislative committees of jurisdiction and review and reports every four years by each agency of all rules and regulations, their efficacy, complaints received, etc. STATUS: Dead for this Session.

SB 79 - By Sen. Brandon Beach (R-Alpharetta) the "Destination Resort Act" is one of two identical companion bills [the other being HB 158 by Rep. Ron Stephens (R-Savannah)] that would allow for the construction and operation of two destination casino resorts in Georgia. Sen. Beach has vowed to "double down" and continue the fight to pass this bill next year. STATUS: Dead for this Session.

SB 89 - By Sen. David Shafer (R-Duluth) would create a Georgia Freight Railroad Program within GDOT and would facilitate the expenditure of additional appropriations by the General Assembly for purposes of improving freight and passenger railway and crossing infrastructure. ACEC Georgia supports this legislation. STATUS: Passed out of the Senate Transportation Committee on Thursday, February 7, 2017 and the full Senate on February 15, 2017 by a vote of 49-0. Pending in House Transportation Committee.

SB 116 - By Sen. Frank Ginn (R-Danielsville) exempts properties deemed to be "water-neutral" from all local government stormwater fees. The bill defines water-neutral as " a property designed to achieve control of water runoff from a 25 year, 24 hour storm event in a manner consistent with the Georgia Stormwater Management Manual" as certified by a professional engineer. There has been significant opposition to this bill from local stormwater utilities and it was announced at the last committee hearing that this bill will be referred to a study committee for further consideration after the session (see SR 224, below). STATUS: Dead for this Session.

SB 183  - By Sen. Brandon Beach (R-Alpharetta) would clarify and expand the powers and authority of the State Road & Tollway Authority in order to make it a more useful tool for financing and building transportation projects. STATUS: Passed by the Senate Transportation Committee on February 24, 2017 and by the full Senate on February 28, 2017 by a vote of 50-1. Pending in House Transportation Committee.

SB 210 - By Sen. Bruce Thompson (R-White) the "Georgia Government Accountability Act" would create a Legislative Sunset Advisory Committee that would be tasked with reviewing individual state agencies and departments to determine if they should be abolished and their responsibilities transferred to another agency. STATUS: Dead for this Session. 

SB 248 - By Sen. Steve Gooch (R-Dahlonega) seeks to provide a legal framework for the operation of autonomous motor vehicles on public roads. STATUS: Passed by the Senate Transportation Committee on February 28, 2017 and by the full Senate on March 3, 2017 by a vote of 51-0. Pending in House Transportation Committee.

SB 232  - By Sen. Steve Gooch (R-Dahlonega) the "Facilitating Internet Broadband Rural Expansion (FIBRE) Act" would create incentives for public and/or private entities to expand gigabit or higher broadband services to areas within the state where such services are not currently available. STATUS: Dead for this Session.

SB 233 - By Sen. Marty Harbin (R-Tyrone) is a drastically scaled down version of the so-called "religious liberty" or RFRA (religious freedom restoration act) bills that have been introduced over the past several years. This version would simply make Georgia subject to the existing Federal RFRA statute that was passed in 1993. Opponents in Georgia's business community believe this legislation would result in significant damage to our state's economy and welcoming, business-friendly reputation. STATUS: Dead for this Session.  

SB 251 - By Sen. Gloria Butler (R-Stone Mountain) would allow DeKalb County voters to vote on a referendum in 2017 to create an additional 0.50 percent sales and use tax to fund MARTA expansion within the county. I don't expect this bill to move, but rather to be included in the issues to be considered by the Transit Commission that will be created by HB 160/SB 6. STATUS: Dead for this Session.

SR 152 - By Sen. Frank Ginn (R-Danielsville) would create a "Joint Study Committee on Stream Buffers in Georgia" to look into best practices from around the southeast and recommend new stream buffer legislation in 2018 that would " strike the proper balance between water protection and private property rights." ACEC Georgia supports this legislation. STATUS: Passed out of the Senate Natural Resources and the Environment Committee on February 16, 2017 and the full Senate on March 3, 2017 by a vote of 48-1. Pending in House Natural Resources & Environment Committee.

SR 224 - By Sen. Frank Ginn (R-Danielsville) would create a "Joint Study Committee on Storm-Water Management Fees." STATUS: Passed out of the Senate Regulated Industries Committee on February 17, 2017 and the full Senate on March 3, 2017 by a vote of 48-1. Pending in House Natural Resources & Environment Committee.
The-Week-Ahead
The General Assembly was in session on Monday and will be in session tomorrow (Thursday) and Friday this week. The schedule for the remaining 11 legislative days of the session is as follows: 
  • Thursday, March 9 - Legislative Day 30
  • Friday, March 10 - Legislative Day 31
  • Monday, March 13 - Legislative Day 32
  • Tuesday, March 14 - Legislative Day 33
  • Wednesday, March 15 - Legislative Day 34
  • Thursday, March 16 - Legislative Day 35
  • Monday, March 20 - Legislative Day 36
  • Wednesday, March 22 - Legislative Day 37
  • Friday, March 24 - Legislative Day 38
  • Tuesday, March 28 - Legislative Day 39
  • Thursday, March 30 - Legislative Day 40/Sine Die
  • Friday, March 31 - Sully Goes on Vacation

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Michael "Sully" Sullivan
President & CEO, ACEC Georgia
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