Weekly Legislative Update – Week Ten

2014 Weekly Legislative Update

March 17-21, 2014 – Week Nine

2014 Legislature Calls It Quits, Goes Home on March 20

The legislature adjourned this week from the 2013-14 Session of the Georgia General Assembly.  Because hundreds of bills were debated and amended by the House and Senate during the final day of the legislative session, there will be a legislative recap of the complete 2014 legislative session in a forthcoming edition of the Weekly Legislative Update.

Fractional Penny SPLOST Dies in the Well of the Senate at Midnight of Day 40

Legislation that would have given local governments the option to ask voters to levy less than a one percent SPLOST failed to pass the 2014 legislative session.  In fact, debate on the legislation was taking place in the Senate when the legislative session was gaveled to a close at midnight on the 40^th legislative day.  The Georgia Municipal Association, as well as senators from Gwinnett County actively lobbied against the legislation on the final day, which lead to its demise.  Fractional penny SPLOST legislation has been debated for over 6 years and its future introduction is questionable.

Local Education Funding Impact of Economic Development Incentives To be Studied

A joint House and Senate Study Committee on the “Property Tax Digest Impact on Education Funding” was adopted this week.  The ten member study committee will be comprised of five senators and five representatives who will study “tax digest reporting, economic development related revenues paid “in lieu” of taxes, and any other arrangements that impact a local tax digest, including abatements”. The legislation was initiated due to inconsistencies in county tax digest data used to calculate state education grants and the state mandated local 5 mill “fair share” contributions by local school systems in Troup County.  While the study committee is directed to focus on tax digest reporting activities, critics of local economic development authority investment practices are expected to use the study committee to further their particular agendas.  The study committee can meet up to five days prior to year end and must make a report to the 2015 legislature prior to next year’s legislative session.

Joint Study Committee on Critical Transportation Infrastructure Funding Passes in Final Week

A resolution authorizing a joint House and Senate Study Committee on “Critical Transportation Infrastructure Funding” was adopted this week. The resolution calls for a 16 member study committee comprised of both legislators and representatives of public and private organizations.  The committee will meet up to eight days and will make a report to the 2015 legislature with their recommendations.  The RBC will be represented on the joint study committee by the president of the Metro Atlanta Chamber, or her designee.

Referendums to Exceed Local Sales Tax Cap to Fund Transit Systems Passes

Legislation allowing a local government to exceed the state limitation of 2% local sales and use taxes passed this week.  While some media outlets reported the legislation as a MARTA referendum for Clayton County, the legislation actually allows any metropolitan county in Georgia to exceed the 2% taxing limitation to fund a “metropolitan area system of public transportation.”   Under the provisions of the legislation, Clayton, or any other metropolitan area county, could levy a local sales tax to operate their own public transportation system, with or without MARTA participation.

Downstream Water Protection/Notification Legislation Passed

Legislation that sets into action determination and notification procedures for the Department of Natural Resources Environmental Protection Division and the Georgia Emergency Management Agency when a waterway is possibly polluted from a single point source passed this week.  The legislation requires the person responsible for the discharge of any substance into a waterway that could endanger public health or property downstream to immediately notify the department and take immediate corrective action.  The legislation also clarifies that when a private citizen notifies the department they believe an “emergency situation or discharge” into a waterway has taken place, the department will take the same actions as if the discharge was reported by the person responsible for making the discharge.

Have a great week.

For detailed information on specific legislation visit:   www.legis.ga.gov/Legislation/en-US/Search.aspx