2021 Legislative Session Wrap-Up: What You Need to Know
Don Cook
On Wednesday, March 31, 2021, Sine Die marked the end of the 2021 Georgia General Assembly Legislative Session. The General Assembly met on Monday and Wednesday last week, completing days 39 and 40. The 2021 Legislative Session was very active in many different areas, with several essential bills reaching final passage on the last day of the session.
As of the session's final day, there were 850 House Bills and 322 Senate Bills put forward. This number doesn't include the 560 House Resolutions and the 343 Senate Resolutions that were heard.
Some of the bills heard (and up for consideration by the Governor) so far during the 2021 legislative session include:
House Bill 81, the Fiscal Year 22 budget, included funding for the water council, Freight and Logistics Commission, computer science, and MARTA, among many other items. A conference committee was assigned and met throughout the week. The conference committee report was adopted by both chambers on Sine Die and awaiting the Governor's action.
House Bill 94, by Representative Bonnie Rich, provides for the crime of theft by possession of stolen mail. The House agreed to the bill on Wednesday, and it is awaiting action from the Governor.
House Bill 112, by Representative Trey Kelley, amends an Act relating to torts to provide certain immunities from liability claims regarding COVID-19, approved August 5, 2020, (Ga L. 2020, p. 798), to extend applicability for one year.
House Bill 114, by Representative Bert Reeves, increases the tax credit to $6,000 per qualified foster child per taxable year commencing with the year in which the adoption becomes final for five taxable years and $2,000.00 per taxable year after that. However, that such credit shall end and end in the year in which the adopted child attains age 18. The Governor has signed this bill.
House Bill 124, by Representative Rick Williams, relates to funeral directors and establishments, embalmers, and crematories to provide multiple cremation devices. The House agreed to the bill on Wednesday, and it is awaiting action from the Governor.
House Bill 149, by Representative Bruce Williamson, relating to income taxes, allows certain elections to be made by Subchapter "S" corporations and partnerships to file tax returns and imposition of taxes. Referred to as the SALT Parity Act of 2021, the bill amends the Georgia tax code to provide S corporations and partnerships an election to pay their Georgia state business income taxes at the entity level, thereby restoring the full federal tax deduction for Georgia business income taxes as described in IRS Notice 2020-75. This measure is awaiting action from the Governor.
House Bill 150, by Representative Bruce Williamson, prohibits governmental entities from adopting any policy that prohibits any utility service's connection or reconnection based upon the type or source of energy or fuel. The House agreed to the bill on Monday, and it is awaiting action from the Governor.
House Bill 265, by Representative David Knight, relates to the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporates certain federal law provisions into Georgia law. House Bill 265 does conform Georgia Tax Statute to any changes made at the Federal level through January 1, 2021, and does include language that conforms to the Consolidated Appropriations Act of 2021. The Governor has signed this bill.
House Bill 511, by Representative Bert Reeves, established the constitutional dedication of funds, including Transit Funds derived from rideshare fees. The first installment of these funds was secured in the budget to help fund additional capacity and plans for transit-oriented development at the new Microsoft Campus. It is currently awaiting action from the Governor.
House Bill 534, by Representative Josh Bonner, provides for the offense of promoting illegal drag racing and laying drags. It passed by substitute on Monday, and it is awaiting action from the Governor.
Senate Bill 6, by Senator John Albers, exempts fine arts tickets from sales tax, allowing the vendor to retain that income, thereby supporting the arts community. This bill also adds new reporting requirements for companies that take the high-tech sales tax exemption and sunsets the exemption in 2023. The bill also provides tax incentives, including medicines and medical device production in Georgia and high-impact aerospace defense projects. Additionally, the bill renews an economic development incentive for two years, allowing the state to waive the sales tax collections on construction materials for competitive projects of regional significance. SB 6 gives the chairman of the Senate Finance Committee and the chairman of the Ways and Means Committee the ability to call for up to five economic analyses done on either proposed or existing legislation. Finally, it creates a process for reviewing a handful of tax credits on an annual basis. The House and Senate adopted the conference committee report on Wednesday, and it is awaiting action from the Governor.
Senate Bill 47, by Senator Steve Gooch, relates to the Georgia Special Needs Scholarship Act to revise the prior school year requirements and expand students' eligibility. The Senate agreed to the House substitute on Monday, and it is awaiting action from the Governor.
Senate Bill 195, by Senator Matt Brass, relates to the Georgia Access to Medical Cannabis Commission's increased responsibilities by adding that the commission should review new treatment and delivery methods of low THC oil and products resulting from medical research. It also allows for universities and other colleges that meet the specific criteria to engage in joint research with licensees, so long as the partnership is to conduct medical research. The House and Senate adopted the conference committee report on Wednesday, and it is awaiting action from the Governor.
Senate Bill 213, by Senator Tyler Harper, relates to contracts and purchases by public schools to provide payment on guaranteed energy savings contracts by local school systems using proceeds from local option sales taxes collected for educational purposes and phased implementation of energy or operational cost savings measures. It is currently awaiting action from the Governor.
GSCPA will continue to monitor future legislation and keep the momentum moving in the right direction. With many changes and challenges ahead, GSCPA continues to participate in the legislative process actively.
Stay Informed
Lastly, for more on legislation and representation or to locate your local representatives, visit www.gscpa.org. If there are any questions on the above bills, contact Don Cook, vice president, legislative affairs at 404-504-2935 or dcook@gscpa.org.
Don Cook is the vice president of legislative affairs at The Georgia Society of CPAs. He is responsible for legislative advocacy on behalf of the CPA profession in Georgia. Don is a registered lobbyist in the state and works on the grassroots training of GSCPA members while providing education on why members should strongly consider supporting the GSCPA-PAC.