Gold Dome Report – Legislative Day 9

Nelson Mullins Riley & Scarborough LLP

Legislators returned to the State Capitol on Monday for Legislative Day 9, but lawmakers and lobbyists seemed surprisingly subdued in the face of legislative days that continue to tick away. Perhaps it was the dreary weather or a case of the Mondays, but energy remained remarkably low even as the legislative session approaches the end of its first quarter. We’re waiting for floor sessions that last longer than an hour and committee meetings taking up weighty measures, but that wait continues at least until Legislative Day 10. Until things perk up, check out the new legislation and light committee action from Monday in this #GoldDomeReport.

In this Report:

  • Committee Reports
  • New Legislation
  • What’s Next

Committee Reports

Senate Finance Committee

Chairman Chuck Hufstetler (R-Rome) called the Senate Finance Committee to order to hear from the Department of Audits and Accounts (“DOAA”) Deputy Director Matt Taylor and Audit Manager Lisa Kieffer. DOAA was directed in 2021 by SB 6 to review specific tax credits' efficacy, and eleven programs were researched through an independent review process contracted by DOAA.

DOAA selected Georgia State University, Georgia Southern University, and the University of Georgia to conduct the research. At the conclusion of their study, a report was generated that details economic activity, state revenue, state expenditure including administrative costs, and public benefit, if any, for each tax credit. DOAA assigned the projects and provided a general outline. State Auditor Greg Griffin then went into greater detail on how economic activity, state revenue, state expenditure, and public benefit are quantified and calculated in the analysis.

Contractors used the IMPLAN model to review economic activity. This model regionally reviews input and output to show how industry spending works through the economy. Thus, contractors measured jobs, labor income, value-added, and economic output. For each measure, there are direct, indirect, and induced impacts. The analysis for each credit includes these impacts. Also included in the calculations is the “But-For Analysis,” which reviews industry activity with and without these incentives.

The next component is a change in state revenue. This includes forgone revenue, added revenue generated because of economic activity generated by the credit, and any state revenue, including local revenue.

The state cost is primarily administrative costs incurred by agencies. In most cases, this cost was deemed negligible by the researchers. This is because of the lack of un-dedicated staff to specific incentives and lack of tracking.

DOAA knows that not all incentives have a public benefit as a primary goal. There are exceptions to this, like the Grocery Store Sales Tax and Pharmacy Sales Tax Exemption.

DOAA and its contractors were able to evaluate the Grocery Sales Tax Exemption, Prescription Drug Sales Tax Exemption, Historic Rehabilitation Tax Credit, Low-Income Housing Tax Credit, Job Tax Credit, Qualified Interactive Tax Credit, R&D Tax Credit, Manufacturing Sales Tax Exemption, Computer Equipment Sales Tax Exemption, High-Tech Data Center Sales Tax Exemption, and the Retirement Income Exclusion, which will be published this week.

Chairman Hufstetler noted this was an ongoing process, and seeing no further questions, he adjourned the meeting.

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), held its first meeting on Monday afternoon. After introducing its members and adopting its rules for the session, the committee considered the following legislation:

  • SB 5, authored by Senator Max Burns (R-Sylvania), to provide for an additional judge of the superior court of the Augusta Judicial Circuit. This would increase the current judge count from five to six based on workload.

Senator Burns presented the bill with Senator Harold Jones (D-Augusta), who explained that the Augusta Judicial Circuit is in a unique position of needing an additional judge due to a previous circuit split and an increase in violent crime in the circuit. Committee members had a number of questions about the cost of new judgeships and the methodology of the judicial council on recommending new judgeships. Augusta is currently number four on the Council’s priority list for judgeships. Augusta Circuit Chief Judge Daniel Craig spoke in favor of the legislation. The committee held action on the bill, and Chairman Strickland encouraged the authors to advocate for funding before the Appropriations Committee.

  • SR 32, authored by Senator Ed Harbison (D-Columbus), urges the Attorney General to negotiate with the State of Alabama terms of a reciprocal immunity agreement for officials of either state carrying out certain official duties in the territorial limits of the other state that can be adopted by the legislatures of each state.

Senator Harbison presented the resolution to the committee, explaining that it is focused on an issue particular to communities on the state’s border like Columbus. In these communities, law enforcement officers are not shielded from liability when rendering mutual aid or traveling across the border into the neighboring state. In response to a question from Chairman Strickland, Senator Harbison said that there have not yet been conversations with Attorney General Carr on this topic. The committee recommended the resolution DO PASS and be sent to the Rules Committee.

New Legislation

The following legislation of interest has been introduced in the House:

Income tax; limit eligibility for rural physician tax credit to physicians who qualify on or before December 31, 2023

Rep. Mack Jackson (D-128)

https://www.legis.ga.gov/legislation/63666

H.B.84

Commerce and trade; provide for commercial financing disclosures

Rep. Trey Rhodes (R-124)

https://www.legis.ga.gov/legislation/63668

H.B.85

Insurance; require health benefit policy coverage for biomarker testing if supported by medical and scientific evidence

Rep. Sharon Cooper (R-045)

https://www.legis.ga.gov/legislation/63669

H.B.87

Nontraditional Special Schools Act; enact

Rep. Chris Erwin (R-032)

https://www.legis.ga.gov/legislation/63671

H.B.88

Coleman-Baker Act; enact

Rep. Houston Gaines (R-120)

https://www.legis.ga.gov/legislation/63672

H.B.91

Wills, trusts and administration of estates; notices to beneficiaries regarding issuance of letters testamentary; require

Rep. Will Wade (R-009)

https://www.legis.ga.gov/legislation/63678

H.R.52

Family and Consumer Sciences; commend

Rep. Houston Gaines (R-120)

https://www.legis.ga.gov/legislation/63682

The following legislation of interest has been introduced in the Senate:

S.B.24

Medical Assistance; authorization of appropriations for the purposes of obtaining federal financial participation for medical assistance payments to providers of Medicaid expansion; provide

Sen. Gloria Butler (D-055)

https://www.legis.ga.gov/legislation/63659

S.B.27

Unfair Trade Practices; health care insurer from requiring an ophthalmologist or optometrist to extend any discounts on services that are not covered eye care services; prohibit

Sen. Matt Brass (R-028)

https://www.legis.ga.gov/legislation/63664

S.B.30

Controlled Substances; possession of certain quantities of marijuana constitute a misdemeanor; provide

Sen. Harold Jones (D-022)

https://www.legis.ga.gov/legislation/63690

S.B.31

Prosecuting Attorneys; the reimbursement of expenses incurred by the Attorney General in prosecuting a criminal case or cases due to the failure of a district attorney to prosecute such criminal case or cases; provide

Sen. Brandon Beach (R-021)

https://www.legis.ga.gov/legislation/63686

S.B.32

"Alyssa's Law"

Sen. Jason Anavitarte (R-031)

https://www.legis.ga.gov/legislation/63689

S.B.33

Georgia Crime Information Center; a judicial procedure for purging a person's involuntary hospitalization information received by the center for the purpose of the National Instant Criminal Background Check System under certain circumstances; provide

Sen. Elena Parent (D-042)

https://www.legis.ga.gov/legislation/63688

S.B.36

Pimping and Pandering; penalty provisions; increase

Sen. Randy Robertson (R-029)

https://www.legis.ga.gov/legislation/63695

S.B.37

Sheriffs; qualification requirements for the office of sheriff; revise

Sen. Randy Robertson (R-029)

https://www.legis.ga.gov/legislation/63696

S.R.42

Self-Direction Day; recognize February 22, 2023

Sen. Matt Brass (R-028)

https://www.legis.ga.gov/legislation/63661

S.R.46

Governor; to study whether the state can, either directly or indirectly, produce low-cost insulin products in the state; urge

Sen. Nikki Merritt (D-009)

https://www.legis.ga.gov/legislation/63694

What’s Next

The General Assembly will reconvene for Legislative Day 10 on Tuesday, January 31 at 10:00AM.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Nelson Mullins Riley & Scarborough LLP

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