The Georgia General Assembly resumed the 2020 legislative session on Monday, June 15, after a nearly three months' suspension due to the coronavirus pandemic.

With strict COVID-19 protocols including social distancing, staggered voting of members and teleconference committee hearings, the legislature is focused on passing a Fiscal Year 2021 budget, which includes drastic cuts to state government and a few key pieces of legislation before adjourning for the year.  

Cities are constantly facing the threat of preemption from the state legislature. It is important for each local official to communicate with state legislators that cities are united as they finish out the 2020 legislative session.

Lt. Gov. Duncan Proposes Alternative
Hate Crimes Legislation


In light of continued civil unrest, the charge for the Georgia General Assembly to pass a hate crimes law has been amplified. During the closing days of the legislative session, the General Assembly will be considering differences between the House version of hate crimes legislation (HB 426) and the alternative legislation announced by Lt. Governor Duncan this week.
 
The House legislation would require additional sentencing of imprisonment for crimes in which a defendant intentionally selected any victim or group of victims or any property as the object of the offense because of the “actual or perceived race, color, religion, national origin, sexual orientation, gender, mental disability, or physical disability of such victim or group of victims.”  The Lt. Governor’s alternative version would establish grounds to convict defendants under separate charges of “bias motivated intimidation” based on “age, ancestry, color, creed, culture, ethnicity, exercise of religious beliefs, homelessness, mental disability, national origin, race, religion, sex, sexual orientation,” or being a member or veteran of the US armed forces, exercising first amendment rights, or involvement in civil rights activities. The term “culture” is defined as “the customary beliefs, social norms, and material traits of a racial, ethnic, religious, or social group.”
  
Additionally, Lt. Governor Duncan’s proposal would require all local law enforcement officers to report alleged violations, arrests and nonarrests, to the GBI. The GBI will be responsible for analyzing the statistics of bias-motivated intimidation crimes and publish findings annually.

 
HB 426 is pending a vote in the Senate Judiciary Committee. GMA supports this legislation.

Third-Party Plan Review and Inspections

The House passed Senate Bill 377 to change current law to expand the types of projects eligible for third-party plan review and inspections.

Current law prohibits private plan review and inspection for hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings that impact national or state homeland security and high rises. 

Under this legislation municipal governments would still retain the ability to collect a convenience fee, prequalify all third-party providers and retain authority to issue any certificate of occupancy for all project types listed.

Delivery Alcohol is One Step Closer to Your Doorstep -
HB 879 Passes Senate Committee


House Bill 879 would allow delivery of package beer and wine from licensed retailers and restaurants throughout the jurisdiction of their license. The legislation was amended in the Senate Regulated Industries Committee to make a multitude of changes. The amendments included a measure to allow tastings of wine, beer, and distilled spirits at retail locations, a measure to amend distance requirements for universities located in commercial district, and a measure to create a streamlined alcohol permitting process that would consist of local governments submitting their permits to the Department of Revenue through a portal.

Pending in the Senate Rules Committee. GMA supports this legislation.
ISSUES AT A GLANCE
House Bill 448 – Lodging Facilitator
This legislation would subject "lodging facilitators" to collect and remit hotel/motel taxes on behalf of innkeepers, such as short-term rental operators, using these facilitator platforms, thus effectively levels the playing field for brick and mortar hotels by taxing their online counterparts. GMA supports this legislation and encourages members to contact their senators and ask them to support this bill.

House Bill 576 – Fine Add-On Priority List
HB 576, which changes the priority of fines from citations to allow the cities and counties who fund the courts to move from 10th in the priority list to 4th. This is pending in the Senate Rules Committee. GMA is supportive of this legislation.
 
House Bill 779 – TAVT Distribution Adjustment
This legislation would recoup some of cities’ lost revenue from the July 1, 2019 allocation distribution change. Pending in the Senate Rules Committee. GMA supports this legislation and encourages members to contact their senators and ask them to support this bill.
 
House Bill 846 – Codification of Direct Pay Program
The Senate Finance Committee favorably reported HB 846 out of committee. The legislation was a compromise between GMA, ACCG, and the manufacturing community on the refunds of sales tax over-payments. This issue has been debated in the legislature for several sessions, and HB 846 closes loopholes that would allow a direct pay permit recipient to game the system and receive refund payments at the expense of local governmentsGMA is supportive of this legislation.

Senate Bill 159 – Electric Scooters
The House Transportation Committee favorably reported SB 159, a city-friendly scooter bill that does not preempt local governments’ authority to regulate scooters operating in their jurisdictions. GMA is supportive of this legislation.

Senate Bill 341 – Retired Law Enforcement Assistance 
The House Public Safety Committee favorably reported Senate Bill 341 this week to allow local law enforcement agencies to supplement their ranks with retired peace officers during a declared state of emergency. GMA is supportive of this legislation.
STAY CONNECTED
 
Local Legislation Update: If you are interested in seeing if local legislation has been introduced that impacts your city, or surrounding local governments, subscribe to GMA's Local Legislation Update and receive an email when any local legislation has been introduced and assigned to a committee.

Reopening Guidelines: 
The reopening guidelines for the Senate and House are now available.
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