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2008 Georgia Legislative Session Update
Provided by BOMA Lobbyist FiveashStanley

February 15, 2008

This Week at the Capitol:

Nearly halfway through the forty day legislative session, it seems that everyone has a plan for tax reform. However, the most marked plan, the Great Plan has seen a face lift and a new name, the Property Tax Reform Act. In this bill, property owners can expect relief from the tag tax on autos and the school property tax on homesteads, which are being replaced with an expanded sales tax on consumer services and lottery ticket sales, coupled with a restoration of the state sales tax on groceries.

In the most recent attempt at alleviating the water crisis, SR 822 by David Shafer of Duluth would appoint a boundary commission to work with both Tennessee and North Carolina to correct what he asserts is a map maker’s error. By law, the 35th parallel is the northern border to the state, 1.1 miles north of where it is now marked. What does this have to do with water? This would allow the state of Georgia to capture a portion of the Tennessee River and the Nickajack Reservoir. This legislation passed out of the Senate Rules Committee Monday with no opposition. Looks like the Great Plan may not be the only thing getting redrawn in Georgia.

Legislative Tracking


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 now called the Property Tax Reform Act.

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

1107

Low Flush Toilet Tax Credit

Manning, Judy of Marietta

This would provide an income tax credit for replacing older toilets with a low flush toilet for the amount of the toilet up to $100.

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.

In House Ways & Means Cmte

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.

In House Ways & Means Cmte

2008

HB

1139

Sales & Use Tax for Transportation Purposes

Smith, Vance of Pine Mountain

1% increase in the state-wide sales and use taxes to be used for transportation purposes

In House Transportation Cmte

2008

HB

1140

Tax Credit for water efficient products

May, Jeff of Monroe

This provides for an income tax credit for single-family residences for qualified water efficient products of the actual amount or up to $250. Any unused portion can be used for future not past tax liabilities.

In House Ways & Means Cmte

2008

HB

1141

Higher Tax Credit for Water Efficient Products

May, Jeff of Monroe

This is the same as HB 1140 except that it allows for up to a $500 tax credit instead of $250.

In House Ways & Means Cmte

2008

HB

1145

Joint Water Authorities

Willard, Wendall of Sandy Springs

This provides for the creation of joint water authorities by 2 or more counties and fleshes out the details of its operation.

In House Government Affairs Cmte

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

HR

3

Property assessment freezes

Lindsey, Edward of Atlanta

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.

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.

In House Ways & Means Cmte

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

2008

HR

1226

Transportation Sales Tax Increase

Smith, Vance of Pine Mountain

This provides for a statewide increase in sales tax by 1% to be used for transportation purposes.  Places restrictions on using this money. Likewise, 1% of this amount raised from the sale of motor fuels is to be deposited into DOT in order to fund the Local Assistance Road Programs and for construction/maintenance of the state highway system.

In House Transportation Cmte

2008

HR

1246

Property Tax Reform Act

Richardson, Glenn of Hiram

This is the constitutional amendment that would allow for the new version of the Great Plan--the property tax reform act.

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.

Passed Senate, 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.

Passed Senate, In House Natural Resources Cmte

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. 

Senate Special Judy Cmte favorably reported

2008

SB

463

Gray Water Recycling Systems

Pearson, Chip of Dawsonville

This allows citizens to use gray water recycling systems for residential irrigation as long as it meets certain minimum plumbing standards.

In Senate Natural Resources and Environment 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.

Passed Senate, In House Ways & Means 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 Transportation Cmte Favorably Reported

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.

Senate Read/Adopted

 
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