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2007 Georgia Legislative Session Update
Provided by BOMA Lobbyist FiveashStanley

June 11 , 2007

Bill Signing
After the 2007 Session of the General Assembly ended on April 20th, Governor Perdue had a period of 40 days to sign or veto bills that made it to his desk for his signature.  That period ended on Thursday, May 30th.  Although the Governor chose not to call the Legislators back for a special session to work on the 2007 supplemental budget, he freely used his power to veto projects and bills.  Overall, 377 bills were signed and 41 bills were vetoed. 


Legislation of Interest to the Industry:
*Bills highlighted in blue reflect bills that passed one chamber.

 

Type

Number

Title

Sponsor

Details

Status

HB

20

County tax digest; final valuations

Stephens, Ron of Savannah

HB20 would finalize all assessed valuations of real property on the county tax digest at the time the state revenue commissioner issues an order for the billing and collection of taxes.

Pending; Failed to be voted on during the 2007 session.

HB

136

Indemnification against liability for damages

Coan, Mike of Lawrenceville


HB 136 provides a contract of insurance
for indemnification against liability for damages arising out of bodily injury to persons or damage to property caused by
a promisee or indemnitee in connection
with a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances is against public policy, void, and unenforceable

Signed byGovernor Perdue as Act 121; effective July 1, 2007

HB

138

Lack of insurance coverage for contractors, subcontractors, or materialmen

Coan, Mike of Lawrenceville


HB 138 provides for the rejection of construction contracts when contractors, subcontractors, low tier subcontractors, or materialmen do not provide required insurance coverage.  It also prohibits an owner, contractor, or subcontractor from rejecting work completed, rejecting
material supplied, or withholding payment due to lack of conforming insurance following acceptance of a policy or certificate of insurance.

Pending; failed to be voted on during the 2007 session.

HB

143

Employees cannot bear arms on worksite or company parking lot

Graves, Tom of Ranger

Prohibits employees from lawfully carrying and possessing firearms in locked motor vehicles; provides for immunity for employers who allow employees to possess firearms in locked vehicles on the premises of employer

Pending; failed to be voted on during the 2007 session.

HB

232

Georgia Development Impact Fee Act

Lindsey, Edward of Atlanta

HB 232 would increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to change
certain provisions relating to deposit and expenditure of fees and an annual report; and to correct cross-references

Signed by Governor Perdue as Act 232; effective July 1, 2007

HB

258

Public hearings for development of regional impact

Jacobs, Mike of Atlanta


HB 258 would provide that planning procedures with respect to developments
of regional impact shall include at least one public hearing held in the local jurisdiction where the development of regional impact
is located after adequate notice has been given.

Pending; failed to be voted on during the 2007 session.

HB

292

Process server legislation

Willard, Wendell of Atlanta

 

The person entering a gated community to serve a process shall file the proof of such service with the court in the county in which the action is pending within five business days of the service date. If the proof of service is not filed, the time for the party served to answer the process will not begin to run until such proof of service is filed. Amendment: amend the bill to clarify that private servers who are appointed locally, as is the current practice, are indeed permitted to continued to serve in this manner

Pending; failed to be voted on during the 2007 session.

HB

338

Sheriff's Fees

Cox, Clay of Lilburn


Increases Sheriffs' fees as follows: Serving process against tenant over or intruder upon land to dispossess them from $25.00 to $100.00; For dispossessing tenant or intruder if notarial or personal service is requested.  Amendment: Sheriff would increase their fee for serving process from the current $25 up to $100

Pending; failed to be voted on during the 2007 session.

HB

383

Georgia Condominium Act

Mills, James ofGainesville


A comprehensive rewrite of the condo association act, which creates sub condominiums and sub associations. Any business engaged in condo management and/or condo conversions should read this bill carefully.

Signed by Governor Perdue as Act 334; effective July 1, 2007

HB

434

Regional sales and use tax for transportation

Martin, Chuck from Alpharetta


G overning authorities of counties in which a sales and use tax is approved as provided for by this article may levy such a sales and use tax within their respective counties according to the procedures provided for by this article and for the purpose of funding projects and project costs, including roads and parking

Pending; failed to be voted on during the 2007 session.

HB

438

Renewable energy tax credit

Thomas, Brian of Lilburn


This bill provides for tax credits for use of wind and solar power equipment in business properties and dwellings

Pending; failed to be voted on during the 2007 session.

HB

447

Tax conformity for REITS

O'Neal, Larry of Perry


This bill conforms Georgia tax law with federal law pertaining to real estate investment trusts

Pending; failed to be voted on during the 2007 session.

HB

450

Maintenance contract tax and personal property

Pruett, Jimmy of Eastman


This bill maintains that where a person engaged in maintenance contracting pays
the tax as upon the purchase of tangible personal property to be used in maintenance contracting, the situs of the transaction
shall be determined by (i) the location to which the tangible personal property is delivered; or (ii) the location of the principal place of business of the person engaged
in maintenance contracting if the tangible personal property is not delivered

Pending; failed to be voted on during the 2007 session.

HB

463

Clarifies EPD interpretation of state law to limit training and education requirements for workers associated with land disturbance

McCall, Tom of Elberton


HB 463 would clarify: (1) On and after the effective date of this subsection, for each site on which land-disturbing activity occurs, each operator for such site and each person involved in permitting, monitoring, or inspecting land-disturbing activity for the local issuing authority or the division, whichever has jurisdiction, shall meet the education and training certification requirements, dependent on their his or her level of involvement with the process, as developed by the commission in consultation with the division and the Stake holder Advisory Board created pursuant to Code Section 12-7-20.(2) The provisions of paragraph (1) of this subsection shall not apply to any person who is an operator as defined in subparagraph (B) of paragraph (10.1) of Code Section 12-7-3 if such person is a subcontractor and the prime contractor who has operational control of land-disturbing activities for the site meets the applicable operator training and certification requirements developed by the commission.

Signed by Governor Perdue as Act 45; effective May 14, 2007

HB

503

Georgia asbestos contractors

Harbin, Ben of Evans


This bill would make asbestos contractor licensing exemption similar to other licensing exemptions for employees working on their employers' property. would read: "'Contractor' means any person who contracts to perform the removal or encapsulation of friable asbestos-containing material from any facility or residential dwelling.  Such term shall not include any employee of the owner or operator of a facility or residential dwelling."

Pending; failed to be voted on during the 2007 session.

HB

564

Deposit account fraud

Dollar, Matt of Marietta


This bill relates to deposit account fraud, so as to include the act when the accused had insufficient funds in the account at the time the instrument was made and immediately stopped payment on the instrument; to provide for starter checks; to make an exception for rental payments

Pending; failed to be voted on during the 2007 session.

HB

668

Security deposits

Knox, Tom of Cumming


This bill defines 'Nonrefundable fee' means any money or other consideration paid or given by a tenant to a landlord under the terms of a residential rental agreement which the parties agreed would not be refunded.

Pending; failed to be voted on during the 2007 session.

HR

3

Property assessment freezes

Lindsey, Edward of Atlanta


This bill would amend the state constitution to limit increases in property value assessments to 3% per year, or 9% over a three year period. Would apply to all property types.

Pending; failed to be voted on during the 2007 session.

SB

8

Interest on Tax Appeals

Johnson, Eric of Savannah


This bill maintains that local government is required to pay interest to property owners if a refund is due to the taxpayer following an appeal. This bill will remove the $150 cap on the amount of interest local government is required to pay a property owner.

Pending; passed the Senate, but failed to be voted on by the House in the 2007 session

SB

33

Creates First Responder System

Harbison, Ed of Columbus

This bill uthorizes the development and implementation of a state-wide first responder building mapping information system.

Pending; passed the Senate, but failed to be voted on by the House in the 2007 session.

SB

41

Service to persons living in gated or secured communities

Harp, Seth of Midland


SB 41 would require technicians who service persons in gated communities to identify themselves with the guard or managing agent, present a drivers license or other ID, and display evidence of current appointment.  Amendment: amended to say that statewide appointees can only serve process after the sheriff or marshal has been given five days to attempt service.

Pending; failed to be voted on during the 2007 session.

SB

43

Prohibit certain employers from prohibiting employees from lawfully carrying firearms in locked cars

Rogers, Chip of Woodstock


This bill maintains that no private or public employer shall establish, maintain, or enforce any policy or rule that has the effect of prohibiting an employee from transporting or storing a firearm in a locked motor vehicle in any parking lot, parking garage, or other employee parking area.

Pending; failed to be voted on during the 2007 session.

SB

63

Single family residential real estate: Lien exemption

Seabaugh, Mitch of Sharpsburg


Labor, services, or materials furnished for single-family residential real estate will have an exemption to a special lien on the real estate, factories, railroads, or other property

Pending; failed to be voted on during the 2007 session.

SB

64

Single family residential real estate: Lien filed in error

Seabaugh, Mitch of Sharpsburg


The special lien relating to mechanics and material men shall be dissolved if the owner, purchaser from owner, or lender providing construction or purchase money or any other loan secured by real estate shows that the lien has been filed in error. 

Pending; failed to be voted on during the 2007 session.

SB

65

Single family residential real estate: Lien rights and contracts

Seabaugh, Mitch of Sharpsburg


Upon entering into a contract with the owner of single-family residential real estate for work upon such property, a contractor shall provide the owner of the home with a government form created by the Department of Consumer Affairs, notifying the owner of certain parties' lien rights.  Prior to an owner making payment to a contractor for performance in accordance with the provisions of a contract dealing with the property, the contractor shall provide the owner with a sworn, written affidavit stating that all subcontractors, material men, and laborers furnishing material and labor to the contractors and subcontractors, have been paid the agreed price under the contract or reasonable value for work done under the provisions of the contract.

Pending; failed to be voted on during the 2007 session.

SB

82

Incorporate the City of Dunwoody

Weber, Dan of Dunwoody


SB 82 would incorporate the City of Dunwoody and provides for transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody

Pending; passed in the Senate, but the House table the vote.

SB

83

Change certain local government provisions for municipalities

Weber, Dan of Dunwoody


This bill would ensure that residents of a qualified municipality receive full credit for taxes paid for qualified county properties and assigned capital assets to be purchased by the qualified municipality; to assure that qualified municipalities will have the facilities necessary to deliver municipal services; and to provide certainty as to how the purchase price for such properties will be determined

Pending; passed in the Senate, but the House recommitted it to committee.

SB

89

Creation of the Georgia Township Act

Adelman, David of Decatur


SB 89 would create townships and states that provide that property within such townships shall not be subject to municipal annexation.  Counties shall continue to provide services in the township that are not specifically delegated by law to the township

Pending; passed in the Senate, but failed to be voted on by the House in the 2007 session.

SB

94

Writ of Possession

Wiles, John of Kennesaw


When writ of possession is issued, trial of issues, and possession pending trial as follows: If the tenant fails to answer, court shall issue a writ of possession instanter notwithstanding.  The court, without the intervention of a jury, shall not require any further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and judgment by default for all rents due.  AMENDMENT: as used in this article, the term 'writ of possession' means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land
or other property

Signed by Governor Perdue as Act 253; effective July 1, 2007.

SB

114

Licenses for real estate brokers, salespersons, and appraisers

Shafer, David of Duluth


This bill relates to real estate brokers and salespersons, so as to provide that certain time periods shall have passed after completing the terms and conditions of a sentence for certain criminal convictions before making an application for licensure; provides for additional criminal offenses for which the Georgia Real Estate Commission may deny a license; changes the term "in-class hour" to "instructional hour"; changes the number of instructional hours for a broker prelicense course of study; increases the required number of continuing education hours from 6 to 12.  SUBSTITUTE: corrected an error in the original and now applies to appraisers as well in
terms of reinstatement of licensing

Signed by Governor Perdue as Act 249; effective July 1, 2007

SB

115

Residential and General Contractors Licenses

Shafer, David of Duluth


This bill would revise the licensure provisions for residential and general contractors; provides that the State Licensing Board for Residential and General Contractors may provide interpretation and guidance on the policies and procedures of the board

Signed by Governor Perdue; effective May 31, 2007.

SB

121

DOL competitive rental property

Whitehead, Jim of Evans


This bill requires the Department of Labor to offer competitive bidding when renting property

Pending; failed to be voted on during the 2007 session.

SB

171

General and Residential contractor licensing

Mullis, Jeff of Chickamauga


This bill ompletely repeals the general contractor and residential contractor licensing in the state

Pending; failed to be voted on during the 2007 session.

SB

200

Georgia Smart Infrastructure Growth Act

Grant, Johnny of Milledgeville


This bill creates an infrastructure development district which would give aid
to rural developers. The district would
allow developers to sell county or
municipal bonds to raise money to build roads, sewers and other infrastructure to jump-start large subdivisions, often in
remote areas. The bonds are backed by special taxes levied on the homeowners.

Signed by Governor Perdue; effective January 1, 2009, provided that SR 309 passes vote by the public in the November 2008 general election.

SB

203

Metals theft

Harp, Seth of Midland


This bill relates to secondary metals recyclers, giving penalties for certain theft crimes, and general provisions for public utilities and public transportation, respectively, so as to provide for increased penalties for certain crimes involving public utility property; to change certain provisions relating to inspection by law enforcement officers; to change provisions relating to actions to recover property; to provide for forfeiture of certain property and procedure therefor; to provide for legislative findings and preemption; to provide for the
Governor to appoint certain special officers for purposes of investigating certain thefts
of public utility property

Signed by Governor Perdue; effective July 1, 2007.

SB

217

Property Owners' Associations

Thompson, Curt of Norcross


This bill provides that certain property owners´ associations and similar organizations shall have standing as a party to bring a legal action to enforce certain covenants

Pending; failed to be voted on during the 2007 session.

SR

282

The Georgia One Tax

Seabaugh, Mitch of Sharpsburg


This constitutional amendment would
replace most property taxes with a sales
tax, including adding a sales tax on rent

Pending; failed to be voted on during the 2007 session.

SR

309

Infrastructure Development District Constitutional Referendum

Grant, Johnny of Milledgeville


Resolutions to provide for the creation of and comprehensive regulation of infrastructure development districts which shall be the creation, provision, and expansion of infrastructure services and facilities for new developments.  The administration of the district shall levy, impose, and collect such taxes, fees, and assessments within the district, or portion
or portions of such district

Signed by Governor Perdue; SR 309 will need to pass vote by the public in November 2008 in order for SB 200 to be effective

 

 

 


 

 
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