State audit finds inadequate controls on Georgia’s film tax credit

ATLANTA – Poor administration of Georgia’s film tax credit, the state’s largest and arguably most generous, is wasting millions of tax dollars, a new state audit has found.

In a 75-page report, the Georgia Department of Audits and Accounts accused the state departments of Revenue and Economic Development of lacking the controls necessary to prevent improper granting of credits to film production companies.

“Due to control weaknesses, companies have received credits for which they are not eligible and credits that are higher than earned,” the report stated in its opening paragraph. “The issues can be attributed to limited requirements and clarity in state law, inadequately designed procedures, insufficient resources and/or agency interpretations of law that differ from our own.”

The General Assembly first approved the film tax credit in 2005, then increased it three years later when lawmakers found it wasn’t attracting as much interest as they had anticipated. The 2008 legislation raised the base credit rate to 20% for film companies that spend at least $500,000 on qualified productions, with an additional 10% for a qualified promotion of the state, typically featuring the Georgia peach logo at the end of a film’s closing credits.

The film industry skyrocketed in Georgia after the 2008 changes, soaring from $242 million during fiscal 2007 to $9.5 billion by the end of fiscal 2018. By early 2016 Georgia had vaulted to No. 3 in the nation in filming movies and TV shows, behind only California and New York.

According to the audit, the state delivered more than $3 billion in credits from 2013 through 2017. The numbers grew steadily during that period, from more than $667 million in 2016 to more than $915 million in 2017.

Despite granting more credits than any other state, the audit found that Georgia requires film companies to provide less documentation than any of the 31 other states offering film tax credits. Georgia is among only three state that do not require an audit by the state or a third party.

While the state Department of Revenue does require limited documentation to receive the credit, the audit found many production companies failed to provide the documentation yet still received the credit.

In its defense, the revenue agency responded to the report by noting that 38% of its tax credit processing work is devoted to the film tax credit, even as it administers more than 50 tax credits on the books.

The Department of Economic Development pointed to “limited resources and the inability to access confidential taxpayer information” as obstacles to the agency’s efforts to administer the credit.

Fiscal conservatives in the General Assembly have complained about the cost of the film tax credit from time to time. With state tax revenues running well below projections through the first five months of the current fiscal year, the film tax credit and other tax incentives could  face scrutiny during the 2020 legislative session that begins next week from lawmakers looking for ways to reduce spending.

“Some were great policy when they took place,” said Georgia Rep. Brett Harrell, R-Snellville, chairman of the House Ways and Means Committee. “But times change and we need to reevaluate them.”

Loeffler sworn in as Georgia’s new U.S. senator

Gov. Brian Kemp introduced Kelly Loeffler (right) last month as his appointee to the U.S. Senate.

ATLANTA – With the two words “I do,” Kelly Loeffler became Georgia’s new U.S. senator Monday.

Vice President Mike Pence administered the oath of office to Loeffler during a brief late-afternoon ceremony inside the Senate chambers.

Republican Loeffler, an Atlanta businesswoman and political newcomer, was Gov. Brian Kemp’s choice to succeed former Sen. Johnny Isakson, who retired at the end of last year due to health concerns.

Loeffler emerged from a competition of more than 500 hopefuls who responded when the governor posted the job opening online.

Isakson, who suffers from Parkinson’s disease, announced in September he would be leaving office at the end of December, halfway through his third term in the Senate.

High-profile Republicans who applied for the opening included U.S. Rep. Doug Collins, R-Gainesville; former Congressman Tom Price, who also served as secretary of health and human services during the first year of President Donald Trump’s administration; state Rep. Jan Jones, R-Milton, who serves as House speaker pro tempore; Tim Echols, a member of the Georgia Public Service Commission, and Georgia Chief Justice Harold Melton.

Trump let it be known that he preferred Collins, ranking Republican on the House Judiciary Committee and a strong defender of the president.

But Kemp chose Loeffler instead in a move widely seen as a bid to increase diversity within Georgia Republican ranks.

Until her appointment to the Senate, Loeffler was CEO of Atlanta-based Bakkt, a Bitcoin-focused subsidiary of Intercontinental Exchange Inc., another Atlanta company run by her husband, Jeff Sprecher. She also is co-owner of the WNBA’s Atlanta Dream.

Loeffler, who is currently serving in the Senate on an interim basis, has said she will run in November to complete Isakson’s unexpired term.

She is certain to draw Democratic challengers, and Collins has said he is considering seeking the seat as well.

Piedmont Healthcare pulls out of Georgia Hospital Association

ATLANTA – The 11-hospital Piedmont Healthcare system is withdrawing its membership in the Georgia Hospital Association (GHA), striking a blow at the hospital industry’s ability to mount a united front in dealing with state policy makers.

In a statement, Piedmont cited the increasing cost of GHA membership dues.

“As an organization, we take seriously our responsibility to improve quality and control the rising cost of health care,” the statement read. “Our GHA dues have increased over recent years to a point that we can no longer ignore.”

For years, Piedmont and other nonprofit hospital systems working with the GHA successfully fought off legislation before the General Assembly industry lobbyists argued would have put the hospitals at a competitive disadvantage.

But last year marked a departure from that trend. Lawmakers passed a bill imposing new financial disclosure requirements on nonprofit hospitals in the name of greater transparency, including how much they pay their top executives.

The General Assembly also did away with decade-old restrictions limiting the number of beds and percentage of patients from Georgia that could be served at the Cancer Treatment Centers of America hospital in Newnan.

“GHA firmly believes in the importance of strength in numbers and a unified voice for the hospital industry,” GHA President Earl Rogers said in a statement reported by Georgia Health News.

“GHA is certainly disappointed by the Piedmont decision. However, we respect their leadership’s right to choose where resources are allocated, and we wish Piedmont well.”

University System of Georgia getting five new regents

ATLANTA – Gov. Brian Kemp infused the University System of Georgia Board of Regents Friday with some new blood.

Kemp named five new members to the board that oversees the 26 institutions that make up the university system, including two who will serve at large and three who will represent the state’s 10th, 12th and 14th congressional districts.

The at-large newcomers are Cade Joiner of Brookhaven, chairman of the state chapter of the National Federation of Independent Business and founder of Shred-X Secure Document Destruction, and T. Dallas  Smith of Atlanta, a long-time commercial real estate executive who founded his own firm in 2006.

Joiner and Smith will succeed Rogers Wade and Chris Cummiskey on the board.

Harold Reynolds, CEO of BankSouth Holding Co. in Greene County, will represent the 10th Congressional District, succeeding Ben Tarbutton III.

The 12th District’s new regent will be Everett Kennedy, CEO at Berkshire Hathaway Kennedy Realty in Statesboro. Kennedy will succeed Regent Laura Marsh.

Lowery May, a member of the Georgia Student Finance Commission and the Rome-Floyd County Land Bank Authority, will represent the 14th District, succeeding Scott Smith.

“For many years, I have worked closely with each of these individuals and found them to be honest, hardworking and committed to our state’s long-term success,” Kemp said. “I am truly honored to name them to the Board of Regents to serve our top-notch university system with integrity and lead by example.”

The new regents will join the board in time for its next meeting Jan. 8.

State looking to boost participation in 2020 Census with marketing campaign

ATLANTA – Georgia launched a marketing campaign Friday to spread the word about the upcoming 2020 U.S. Census.

The campaign – Every. One. Counts. – is aimed at generating strong public participation in the population count, conducted every 10 years to determine how federal funds are distributed among the states. Census results also will be used to redraw Georgia’s congressional and legislative district boundaries.

“Every. One. Counts. is committed to ensuring that every Georgian is heard – and counted – in the 2020 Census,” Gov. Brian Kemp said. “The campaign will work closely with census-focused organizations at the state, local and federal levels to ensure Georgia is best prepared for the next decade.”

For the first time this year, the census will be conducted primarily online through a secure Census Questionnaire. However, hard-copy versions still will be available for submission via telephone and mail.

Under an estimated timeline released by the governor’s office, Georgia households will begin receiving invitations to complete the questionnaire between March 12 and March 20. Those will be followed up with reminder postcards and letters.

If the household has not responded after April 27, the U.S. Census Bureau will send workers door to door to collect responses.

Kemp is encouraging Georgians to learn more about the process by clicking on www.census.georgia.gov.