2022 Capitol Update – Post-Governor Kemp Signing Period
2022 Capitol Update – Post-Governor Kemp Signing Period
May 23, 2022
This issue of our Capitol Updates is dedicated to the bills that ACEC Georgia followed which the Governor acted upon.
Saturday, May 14th, marked the last day for the Governor to sign or veto legislation. It is the official end of our regular session business with the General Assembly—and we are absolutely thrilled to announce that Governor Kemp signed HB 476, the Professional Engineers & Land Surveyors Act, into law! The Governor issued a signing statement on HB 476, which can be read here, the PDF is listed as “2022 Veto Messages and Signing Statements”.
We have previously mentioned this in our Capitol Updates, however, we wanted to reiterate that successful passage of HB 476 into law is just the first step in a two-step process to make the PELS Board independent. The second step is providing the funding for the Board to operate. During next year’s legislative session, the General Assembly will need to approve an appropriations request to legally allocate the funds needed to operate the Board (which will be generated by an increase in engineer and land surveyor renewal fees). Until those funds have been appropriated, there will be a transition period in which ACEC Georgia will be working with current PELS Board members and the staff of the Secretary of State’s Office to ensure the shift into an independent board goes as smoothly as possible. A key component of that process will include identifying best practices from the Georgia Real Estate Commission (the structure of which was the basis of HB 476) and other southeastern PELS boards that already operate independently.
In addition to our top priority receiving the Governor’s favorable action the following priority bills were also signed into law:
SB 581 – the surveying bill that updates the state’s plane coordinate system; and
HB 961 – which clarifies that a defendant is only responsible for the percentage of damages attributable to them)
Other notable, successful legislation includes:
HB 934 by Rep. Rob Leverett (R-Elberton) allows a Single County Transportation Special Purpose Local Option Sales Tax (TSPLOST) to be collected for the full amount of time approved by the voters, rather than ending the collection once the estimated amount has been collected. Senator Jason Anavitarte (R-Dallas) sponsored this legislation in the Senate.
Passed the House by a vote of 146-5
Passed the Senate by a vote of 46-4
Signed into law
HB 1013 by Speaker David Ralston (R-Blue Ridge) is the mental health parity act, which will strengthen workforce development solutions to increase the number of mental healthcare professionals in the state, improve access to mental health services, and provide “parity” in treatment of mental health services (i.e. mental health illness and physical illness will receive comparable coverage and care). Sen. Brian Strickland (R-McDonough) sponsored this legislation in the Senate.
Passed the House by a vote of 169-3
Passed the Senate by a vote of 54-0
Governor Kemp signed this legislation into law on April 4th
HB 1302 by Rep. Josh Bonner (R-Fayetteville) authorizes a one-time state income tax credit to single filers in the amount of $250 and joint filers in the amount of $500 for 2021 returns. Sen. Clint Dixon (R-Gwinnett) sponsored this legislation in the Senate.
Passed the House by a vote of 148-18
Passed the Senate by a vote of 47-4
The Governor signed this legislation into law March 23rd
HB 1405 by Rep. Shea Roberts (D-Atlanta) clarifies the process of appeals for zoning decisions and disputes through statute and “quasi-judicial” decisions. Provisions from HB 1406 by Rep. Chuck Martin (R-Alpharetta) relating to new notice requirements when local governments propose to rezone single family residential areas to multi-family residential areas were added to the legislation. Senator Elena Parent (D-Atlanta) sponsored this legislation in the Senate.
Passed the House by a vote of 130-25
Passed the Senate by a vote of 53-0
Signed into law
HB 1437 by Rep Shaw Blackmon (R-Bonaire) proposes to gradually reduce the income tax rate from 5.75% to 4.99% over the course of several years. The proposal would cut the rate to 5.49% in 2024, with another 0.1% reduction every year until 2029, when it reaches 4.99%. Sen. Chuck Hufstetler (R-Rome) sponsored this legislation in the Senate.
Passed the House by a vote of 115-52
Passed the Senate by a vote of 33-19
Signed into law
SB 379 by Sen. Brian Strickland (R-McDonough) is a workforce development proposal aimed at increasing access and expanding upon apprenticeship programs. It allows the Technical College System of Georgia to enter contracts with employer sponsors for apprenticeship programs. Rep. Chuck Martin (R-Alpharetta) sponsored this legislation in the House.
Passed the Senate by a vote of 42-4
Passed the House by a vote of 166-1
Signed into law
SB 586 by Sen. Steve Gooch (R-Dahlonega) proposes to allow counties to utilize design-build contracting methods for transportation related projects. Representative Rick Jasperse (R-Jasper) sponsored this legislation in the House.
Passed the Senate by a vote of 37-16
Passed the House by a vote of 160-0
Signed into law
This is our final Capitol Update for the 2022 session. Please don’t hesitate to contact Christy or Sully with any questions and comments about this past legislative session, Gubernatorial action, or to get involved with our Government Affairs Council!
Other Legislation ACEC Georgia Followed
Transportation
HB 934 – By Rob Leverett (R-Elberton) allows a Single County Transportation Special Purpose Local Option Sales Tax (TSPLOST) to be collected for the full amount of time approved by the voters, rather than ending the collection once the estimated amount has been collected. ACEC Georgia supports this bill. STATUS: Passed the House Ways & Means Committee; passed the House by a vote of 150-8 on March 11th. Passed the Senate Finance committee. Passed the Senate Rules committee by substitute (which means that the bill was amended slightly); passed the Senate by a vote of 46-4. This bill was signed by the Governor.
SB 586 – By Sen. Steve Gooch (R-Dahlonega) proposes to allow counties to utilize design-build contracting methods for transportation related projects. STATUS: Passed the Senate Transportation Committee; passed the Senate by a vote of 37-16. Passed the House Transportation committee; passed the House by a vote of 160-0. This bill was signed by the Governor.
SR 463 – By Sen. Steve Gooch (R-Dahlonega) would establish a joint study committee on the Electrification of Transportation. STATUS: Passed Senate Rules committee; passed the Senate by a vote of 53-0. Passed the House Transportation committee; passed the House by a vote of 167-0. Expect the members of the study committee to be appointed sometime this summer.
Industry & Professions
HB 389 – By Rep. Todd Jones (R-South Forsyth) proposes to change the classification of certain independent contractors. STATUS: Passed the House Industry and Labor committee; passed the House 162-6; passed the Senate Insurance and Labor Committee; passed the Senate 54-0. This bill was signed by the Governor.
HB 884 – By Rep. Dave Belton (R-Buckhead) would expand existing law that created expedited licensure by endorsement for the spouses of military personnel relocating to Georgia. HB 884 would require a licensing board to issue a decision on a license within 90 days of receipt of whole and complete application, including documentation that shows that the licensee meets substantially similar requirements and is in good standing (which is current code). A Senate amendment changed this 30-day provision to a 90-day provision. STATUS: Passed House Regulated Industries; passed the House by a vote of 164-0. Passed the Senate Veterans, Military, and Homeland Security Committee; passed the Senate by a vote of 51-0. The 90-day amendment was agreed to by the House. This bill was signed by the Governor.
HB 961 – By Rep. Chuck Efstration (R-Dacula) clarifies and reinstates a provision in the Tort Reform Act of 2005 that provides that a defendant in a lawsuit is only responsible for the percentage of fault attributable to their actions and not for the portions attributable to others (known as apportionment). ACEC Georgia supports this bill. STATUS: Passed House Judiciary Committee; Passed the House by a vote of 168-0. Passed the Senate Judiciary Committee; passed the Senate by a vote of 52-0. This bill was signed by the Governor .
SB 379 – By Sen. Brian Strickland (R-McDonough) increases access to apprenticeship programs. ACEC Georgia supports this innovative workforce solution to help expand the state’s skilled workforce. STATUS: Passed Senate Economic Development & Tourism; passed the Senate 42-4 on March 8th. Passed the House Higher Education Committee; passed the House 166-1. This bill was signed by the Governor.
SB 438 – By Sen. Lindsey Tippins (R- Marietta) revises contract retainage rules to bring Georgia in line with the 5% contract retainage practices of most other states. ACEC Georgia supports this bill. STATUS: Passed out of the Senate Regulated Industries and Utilities Committee on Feb 10th. Passed the Senate by a vote of 52-0 on Feb 15. Passed the House Judiciary Committee; passed the House 151-0. This bill was signed by the Governor.
SB 581 – By Sen. Larry Walker (R-Perry) is a clean-up bill that revises the Georgia State Plane Coordinate System introduced on behalf of SAMSOG in coordination with GPTQ Surveying and Mapping subcommittee. ACEC Georgia supports this bill. STATUS: Passed the Senate Science & Technology Committee; passed the Senate 50-1. Passed the House Science & Technology; Passed the House 142-0. This bill was signed by the Governor.
Local Government
HB 328 – By Rep. Martin Momtahan (R-Dallas) would establish a one-time right of way permit fee and reduce annual right of way use fees for telephone companies that is paid as due compensation for municipalities. STATUS: Passed the House by a vote of 119-40 on March 5, 2021; Passed the Senate by a vote of 34-15 on March 29, 2021; House agreed to the Senate’s substitute version by a vote of 111-54 on March 3, 2022. This bill was signed by the Governor.
HB 1405 – By Rep. Shea Roberts (R- Atlanta) clarifies the process of appeals for zoning decisions and disputes through statute and “quasi-judicial” decisions. Provisions from HB 1406 were placed on this bill. STATUS: Passed House Government Affairs; passed the House 160-1. Passed the Senate Judiciary Committee. Passed Senate 53-0. This bill was signed by the Governor.
HB 1461 – By Rep. Victor Anderson (R-Cornelia) proposes to amend state law related to objections to proposed annexations. STATUS: Passed House Government Affairs Committee; passed the House 172-0. Passed the Senate Judiciary committee. Passed the Senate 53-0. This bill was signed by the Governor.
Proposed Cities
HB 826 – By Rep. Ginny Ehrhart (R-Marietta) proposes the creation of the city of Lost Mountain in Cobb County. If passed, voters located within the geographic area will have the opportunity to vote in a referendum before cityhood can become official. STATUS: Passed the House Government Affairs Committee; passed the House by a vote of 92-61; passed the Senate by a vote of 33 to 19; the Governor signed this legislation on February 22, 2022, setting up a referendum for city incorporation in May.
HB 839 – By Rep. Erica Thomas (R-Austell) proposed the creation of the city of Mableton in Cobb County. If passed, voters located within the geographic area will have the opportunity to vote in a referendum before cityhood can become official. This legislation missed the 90-day deadline for the May 24th primary, so if this legislation passes, then Cobb County will have to either call a special election or it will be on the November ballot. STATUS: Assigned to the House Government Affairs committee where it passed out of the Special Subcommittee on Cityhood on February 10th; passed the Government Affairs committee February 17th; passed the House by a vote of 134-2 on March 11th. Passed the Senate State and Local Governmental Operations committee; passed the Senate 55-0. This bill was signed by the Governor.
HB 840 – By Rep. John Carson (R-Marietta) proposes the creation of the city of Vinings in Cobb County. If passed, voters located within the geographic area will have the opportunity to vote in a referendum before cityhood can become official. STATUS: Passed the House Government Affairs Committee; passed the House by a vote of 99-56; passed the Senate by a vote of 33-19; the Governor signed this legislation on February 23, 2022, setting up a referendum for city incorporation in May.
HB 841 – By Rep. Matt Dollar (R-Marietta) proposes the creation of the city of East Cobb in Cobb County. If passed, voters located within the geographic area will have the opportunity to vote in a referendum before cityhood can become official. STATUS: Passed the House Government Affairs Committee; passed the House 98-63. Passed the Senate State and Local Government Operations Committee, where it was amended; passed the Senate by a vote of 31 to 18; agreed to by the House on February 14. This bill was signed by the Governor on February 15, setting up a referendum for city incorporation in May.