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2008 Georgia Legislative Session Update
Provided by BOMA Lobbyist FiveashStanley
January 18, 2008
Week One: Anything but Traditional
Traditionally, the Georgia General Assembly uses the first week of each session for ceremonial and organizational purposes. The session is gaveled to order, routine house keeping measures are addressed and the Governor presents his ‘state of the state’ and budget addresses.
Tradition was cast aside during this first week of the 2008 legislature. On Monday, the House voted to override twelve different bills that were vetoed by Governor Perdue following last year’s legislative session. Overriding a veto is a rare occurrence in Georgia, having happened only a handful of times in history. Once the House acted on the vetoes, the measures were sent to the Senate, which placed them in committee for further consideration. it is unknown whether the Senate will act on some or all of the measures, however most believe that they will override the Governor's veto of two or three of the bills.
Two other controversial issues that threaten to absorb significant time and energy during this year’s legislature deal with the Statewide Comprehensive Water Plan and an NRA backed effort to require employers and property owners to allow anyone to bring guns onto parking lots.
Both the House and the Senate wisely acted to pass the comprehensive water plan today. The Plan was developed over the past several years by the Georgia Water Council, a panel of various public officials charged with producing and submitting a plan to the legislature for approval. Once approved, various state agencies will promulgate rules to implement the plan.
HB 89, a bill that was amended to include the so-called ‘guns in the parking lot’ issue has enjoyed more lives than Morris the Cat. This legislation pitted Georgia’s business and property owners against the once powerful NRA. What began as a threat to Georgia’s right-to-work statutes and property rights was substantially weakened and adopted by the Senate on Thursday. At this point, the House is expected to take up the measure soon.
Each session of the general assembly meets for up to 40 legislative days. The days do not necessarily run concurrently and final adjournment is expected in mid April. They use next week for committee hearings and return for the sixth official legislative day on Monday, Jan 28th.
Legislation of Interest to the Industry:
Type |
Number |
Title |
Sponsor |
Details |
Status |
HB |
89 |
Guns in Parking Lots |
Bearden, Tim of Villa Rica |
Related to the carrying and posession of firearms. Substitute: Bill would allow concealed weapon permit holders to apply for permission to bear firearms on their employer's property. |
Passed Senate by substitute |
HR |
900 |
The GREAT Plan |
Richardson, Glenn of Hiram |
Extensive tax reform bill which continues to change shape as hearings proceed. Proposed to remove all or a portion of property taxes on homesteads, remove ad valorem taxes on cars, and create a 4% sales tax on services. |
In House Ways & Means Cmte |
HB |
898 |
Water Fixture Replacements |
Drenner, Karla of Avondale Estates |
Mandates low-flow and efficient faucets, water closets , etc for new residential and commercial properties, as well as, renovations. Provides exceptions and an income tax credit for replacement of old fixtures/closets. |
Prefiled for 2008 session |
HB |
946 |
Requirements for residential and commercial buildings |
Drenner, Karla of Avondale Estates |
This bill changes the requirements for buildings in relations to toilets, shower heads, and faucets. This bill provides requirements not only for when buildings are newly erected or renovated but also when they are disposed. |
In House Natural Resources & Environment Cmte |
HB |
947 |
Prohibits Sale of Non-Low-Flow Faucets |
Drenner, Karla of Avondale Estates |
This bill specifies the requirements for buildings, now including those newly constructed or renovated commercial buidlings. This bill also places new restrictions on water closets. Furthermore, it prohibits the sale of any faucet or water closet that is not low-flow. |
In House Ways & Means Cmte |
HR |
1022 |
House Ratify Water Plan |
Smith, Lynn of Newnan |
(Same as SR 701) This resolution seeks to ratify the state water plan and provide for its enforcement. |
Passed House |
HR |
1031 |
Real Property Tax Exemptions |
Powell, Allan of Hartwell |
This constitutional amendment provides for a state-wide homestead tax exemption equal to the difference between the 2002 base year value and the current assessment. There is a one-time application for said exemption. Nonhomestead real properties shall be assessed at the 2002 values. When properties are sold, they are then assessed at the new fair market value. |
In House Ways & Means Cmte |
SB |
351 |
Joint State-Wide Water Plan Oversight Committee |
Cowsert, Bill of Athens |
To create a Joint (House/Senate) State-Wide Water Planning Oversight Committee that would oversee all state water planning. |
In Senate Public Saftey Cmte |
SR |
701 |
Ratify the Water Plan |
Tolleson, Ross of Perry |
This resolution ratifies the state water plan and provides for its enforcement. |
Passed Senate |
Bills listed below are carry-over bills, and while eligible to be acted on, will not likely move:
We still continue to track several other bills from last year for you. If there is any movement on these bills, we will add them in future reports.
Year |
Type |
Number |
Title |
Sponsor |
Details |
Status |
2007 |
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 |
In House Judy Cmte |
2007 |
SB |
8 |
Interest on Tax Appeals |
Johnson, Eric of Savannah |
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. |
In House Ways & Means Cmte |
2007 |
SB |
33 |
Creates First Responder System |
Harbison, Ed of Columbus |
Authorize the development and implementation of a state-wide first responder building mapping information system |
In House Judy Cmte |
2007 |
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. |
In Senate Special Judy Cmte |
2007 |
SB |
43 |
Prohibit certain employers from prohibiting employees from lawfully carrying firearms in locked cars |
Rogers, Chip of Woodstock |
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. |
In Senate Judy Cmte |
2007 |
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 |
In House Government Affairs Cmte |
2007 |
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 |
In House Government Affairs Cmte |
2007 |
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 |
In House Government Affairs Cmte |
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