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2008 Georgia Legislative Session Update
Provided by BOMA Lobbyist FiveashStanley

February 8, 2008

Critical Legislation of Interest to the Industry:

Senator Chip Rogers introduced SR 796, which will place a cap on increases on property assessments at 2% for all residential property and 3% for commercial properties. This approach is far preferable to other property tax freeze schemes which have applied the restrictions on homesteaded property only.

Legislation regarding the retrofitting of older plumbing fixtures in existing properties was introduced this week. HB 1107 encourages the replacement of older plumbing fixtures through an income tax credit rather than mandatory replacements.

A subcommittee of the House Judiciary Committee met on Wednesday of this week to consider changes to the Zoning Procedures act. HB 956 seeks to codify a body of case law on zoning decisions in Georgia, however would also create new law which would greatly reduce the rights of property owners in future zoning decisions. After hearing from several of Georgia’s most experienced zoning attorneys who raised significant concerns with the bill, the subcommittee held the bill for further study.

This Week at the Capitol:

As week three grinds to an end, it is clear that the 2008 session is in full swing. Several important issues for all of Georgia were addressed, most especially that of the future of water resources in Georgia, efforts at better managing the state and funding statewide transportation. Earlier this week, Governor Perdue signed the statewide water management plan that was adopted by both the House and Senate. Furthermore, Perdue is easing off of the statewide outside watering ban in order to promote economic development.

Also on the minds of all at the capitol is the new push to reorganize the Department of Human Resources. The Governor along with leadership in the General Assembly have nominated several individuals, including Senators Renee Unterman, Jack Hill and Representatives Ben Harbin and Mark Butler to serve on the study committee charged with forming a plan for restricting DHR.

The latest in funding for statewide transportation projects includes a constitutional amendment that would allow regions within the state to ban together through a regional SPLOST (Special Options Sales Tax) to fund transportation costs. Counties would be able to keep 80% of the proceeds for the projects, while remitting the remaining 20% to the state which would be required to spend at least 10% of the funds on mass transit projects. The proposed constitutional amendment, if adopted by a two-thirds vote in the Senate and House, would be on the general election ballot in November for ratification or rejection by Georgia’s voters. If approved, it would authorize county governments to call referendums for the regional transportation sales tax starting May 1, 2009.

The legislature will be in session next week Monday through Thursday.

Legislation of Interest to the Industry:

Year	Type	Number	Title	Sponsor	Details	Status
2007-A	HB	89	Guns in Parking Lots	Bearden, Tim of Villa Rica	Related to the carrying and possession of firearms. Bill would allow concealed weapon permit holders to apply for permission to bear firearms on their employer's property. Amendment: would allow guns to be carried into restaurants, sporting events, wildlife management areas, recreation areas, airports and other public transportation areas, and churches	Assigned to conference committee
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. Hearing scheduled 2/11
2008	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
2008	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
2008	HB	956	Zoning Procedures Act	Holt, Doug of Social Circle	Seeks to codify a body of case law on zoning decisions in Georgia, however would also create new law which would greatly reduce the rights of property owners in future zoning decisions.	In House Judy Comte
2008	HB	979	Implementation for the GREAT Plan	Richardson, Glenn of Hiram	This bill will provide a plan to implement the GREAT plan	In House Ways & Means Cmte
2008	HB	1034	Franchise for Dumpsters	Mills, James of Gainesville	Provides for franchise agreements between municipalities and private suppliers of top rolloff dumpsters	In House Government Affairs Cmte
2008	HB	1068	Ad valorem taxes on Inventory	Franklin, Bobby of Marietta	This bill seeks to repeal the ad valorem taxes placed on the inventory of businesses through referendum.	In House Ways & Means Cmte
2008	HB	1117	Actual Cost Pricing for Water/Sewer	Willard, Wendall of Sandy Springs	This provides that water and sewer services provided outside of a geographic jurisdictional boundary shall NOT be charged at a rate higher than the actual cost of such provision.	In House Government Affairs Cmte
2008	HB	1128	Low and Ultra Low Flush toilet tax credit	Jones, Sheila of Atlanta	This provides for an income tax credit for low flush and ultra low flush toilets and expenses. $50 for low flush and/or expenses up to 2 toilets per single family dwelling and up to $100 for ultra low flush toilets and/or expenses.	House Hopper
2008	HB	1130	Tax Free Holidays for Energy Efficiency and Toilets	Manning, Judy of Marietta	This provides for a sales tax holiday for both energy efficient products and ultra low flush toilets. Dates are Oct. 2-5 2008 and April 1-5 2009.	House Hopper
2008	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 buildings. 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
2007-A	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
2008	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.	House Sent to Governor
2008	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.
2008	HR	1120	Prohibit State Ad Valorem Taxes	Cole, Jim of Forsyth	A constitutional amendment to prohibit the state from levying an annual ad valorem tax on tangible property except for state's of emergency. The state would continue its administrative duties in assessing and collecting ad valorem taxes on railroads, utilities, etc on behalf of local governments.	In House Ways & Means Cmte
2008	HR	1169	Blighted Property Tax	Gordon, Craig of Savannah	This constitutional amendment would allow the General Assembly to levy taxes on blighted properties at different rates or valuations in order to spur revitalization.	In House Ways & Means Cmte
2008	HR	1170	Base Value Exemption from County Ad Valorem Taxes	Levitas, Kevin of Atlanta	Creates a constitutional referendum for a base-value exemption from county ad valorem taxes for county purposes for homestead and nonhomestead property in an amount equal to the amount by which the current-year assessed value of the property exceeds the base value of such property in any county in which such exemption is approved	In House Ways & Means 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
2008	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.	Senate Natural Resources and Environment Cmte Favorably Reported
2008	SB	374	Liens	Weber, Dan of Dunwoody	This bill amends OCGA in relation to liens when concerning mechanics and materialmen. Time frames are changed from months to specific numbers of days (90 days). This requires that liens have an expiration date and that notice is sent to the property owner or contractor within 7 days of filing the lien by certified or registered mail. The same rules apply for filing a bond. Also, arbitration now would become an option for settling a lien.	In Senate Special Judy Cmte
2008	SR	686	Residential Property Value Freeze Amendment	Johnson, Eric of Savannah	This constitutional amendment would require the freezing of existing residential real property values so that such property can be appraised for ad valorem tax purposes based on the fair market value of when the property was acquired (purchase or transferred). Valuation increases are limited by an inflationary index determined by the state revenue commissioner. Revaluations occur with improvements to the property that require a building license.	In Senate Finance Cmte
2008	SR	687	Local governments to replace Ad Valorem Taxes with Sales Tax	Seabaugh, Mitch of Sharpsburg	This constitutional amendment would allow local governments to wholly or partially remove their ad valorem taxes and in its place use a local sales and use tax (limited to 1%).	In Senate Finance Cmte
2008	SR	701	Ratify the Water Plan	Tolleson, Ross of Perry	This resolution ratifies the state water plan and provides for its enforcement.	In House Rules
2008	SR	796	Resolution to Freeze Property Values	Rogers, Chip of Woodstock	This constitutional amendment provides for limitations on assessed value increases for real property . This does not allow any increases in valuations after 2007 except for a 2% increase in residential property per year and a 3% increase per year for non-residential real property. However, a local taxing authority can adopt through majority vote as long as it follows the given guidelines. These rules do not apply to property in a tax allocation district or brownfield properties.	In Senate Finance Cmte
2008	SR	845	Transportation Sales tax	Mullis, Jeff of Chickamauga	This allows counties through referendum to add a 1% sales tax for a limited amount of time in order to use funds for transportation projects.	Senate Hopper

Year

Type

Number

Title

Sponsor

Details

Status

2007-A

Guns in Parking Lots

Bearden, Tim of Villa Rica

Related to the carrying and posession of firearms. Bill would allow concealed weapon permit holders to apply for permission to bear firearms on their employer's property. Amendment: would allow guns to be carried into restaurants, sporting events, wildlife management areas, recreation areas, airports and other public transportation areas, and churches

Will be assigned to conference committee

2008

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

2008

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

2008

979

Implementation for the GREAT Plan

Richardson, Glenn of Hiram

This bill will provide a plan to implement the GREAT plan

In House Ways & Means Cmte

2008

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

2007-A

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

2008

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.

Favorably reported from Senate Rules Cmte

2008

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

2008

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 Natural Resources and Environment Cmte

2008

701

Ratify the Water Plan

Tolleson, Ross of Perry

This resolution ratifies the state water plan and provides for its enforcement.

In House Rules

2008

796

Resolution to Freeze Property Values

RogCritical Legislation of Interest to the Industry:

This Week at the Capitol:

The legislature will be in session next week Monday through Thursday.

ers, Chip of Woodstock

This constitutional amendment provides for limitations on assessed value increases for real property . This does not allow any increases in valuations after 2007 except for a 2% increase in residential property per year and a 3% increase per year for non-residential real property. However, a local taxing authority can adopt through majority vote as long as it follows the given guidelines. These rules do not apply to property in a tax allocation district or brownfield properties.

Senate Hopper