Preemption (26)
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Date of Last Recorded Action: 5/8/2018

HB 0033 NeutralNo Illegal Immigants or non-Georgians on certain Local Boards or Authorities Brad Raffensperger
1/12/2017 House Second Readers Judiciary -
2017/01/12_TEST 2017/01/12_TEST 2 2017/01/13-Report Econ. Dev. & Transportation Economic Development
General County Government Health and Human Services Hospital Authority Immigration Preemption
Revenue & Finance Todd Edwards

This preemption legislation establishes additional requirements on individuals (other than ex officio or nonvoting members) appointed to county or city boards, commissions or authorities that establish policy, spend public funds, levy taxes or impose or collect fees or charges.  In order to be eligible for such an appointment, the individual must be a U.S. citizen or national, a lawful permanent resident or an alien having lawful status in the U.S.  The individual must also be a legal resident of Georgia, unless he or she resides in another state but owns an interest in business in Georgia or is employed in Georgia.  These qualifications do not apply to active duty members of the armed forces or an immediate family member of an active duty member of the armed forces.  The body making the appointment (i.e., the board of commissioners) is responsible for determining whether an individual meets these qualifications.

HB 0144 NegotiatingRetail Pet Stores - Preempt Local Ordinances Earl Ehrhart
3/30/2017 House Withdrawn, Recommitted Agriculture & Consumer Affairs -
2017/01/27-Report 2017/02/03-Report Animal Control General County Government Preemption
Public Safety and Courts Todd Edwards
This legislation preempts counties and cities from adopting or enforcing ordinances that directly or indirectly prohibit the sale, delivery or transfer of a dog or cat from a properly licensed retail pet store or from imposing restrictions in addition to the requirements of state law. Many attempts were made to add this preemptive language to other bills late in the session.  All attempts failed. 
HB 0243 NeutralLocals Can't Mandate Extra Pay for Schedule Changes William Werkheiser
7/1/2017 Effective Date Industry and Labor Insurance and Labor
2017/02/10 - Report Compensation General County Government Preemption Procurement
Todd Edwards
This legislation preempts local governments from requiring contractors to provide additional pay to employees based upon schedule changes.
HB 0336 NeutralBroadband Ready Communities Don Parsons
2/22/2018 House Committee Favorably Reported By Substitute Energy, Utilities & Telecommunications -
2017/02/17-Report 2017/02/24 - Report Econ. Dev. & Transportation Economic Development General County Government
Preemption Sales Tax-Local Todd Edwards
This legislation enacts the Broadband Strategy for All of Georgia Act. It establishes a lengthy set of requirements and preemptions that local governments must adopt in order to be designated a broadband ready community.  Said designation is voluntary, and the program will be administered by the state Department of Economic Development.  Click here for a full summary of the bill.
HB 0451 NegotiatingExceptions to County Road Restrictions James Epps
3/30/2017 House Withdrawn, Recommitted Governmental Affairs -
2017/02/24 - Report Econ. Dev. & Transportation General County Government Kathleen Bowen Law Enforcement
Preemption Public Safety and Courts Roads Traffic Enforcement
This legislation requires counties and cities to allow vehicles weighing over 36,000 pounds or longer than 30 feet to use any county and city roads if the vehicle is making a delivery on the road, using the road as the route to make a delivery or pick up, providing service on the road, or if avoiding the road would cause the driver to go more than ten miles out of the most direct route. This legislation allows counties and cities to adopt a local ordinance that would make the driver justify the presence of their vehicle on a restricted road.  
HB 0481 NeutralDrone Ordinances Kevin Tanner
7/1/2017 Effective Date Transportation Transportation
2017/03/06 - Report 2017/03/24 - Report Code Enforcement Econ. Dev. & Transportation General County Government
Kathleen Bowen Land Use/Zoning Preemption Public Safety and Courts

This legislation preempts local governments from adopting ordinances regulating the use of drones except for ordinances adopted before April 1, 2017, ordinances that enforce Federal Aviation Administration restrictions or ordinances prohibiting the launch, recovery or intentional landing of drones on county property.

HB 0518 NeutralCity Franchise Fees on Telecommunications - Change Calculation Lee Hawkins
2/20/2018 House Committee Favorably Reported By Substitute Energy, Utilities and Telecommunications -
Business and Occupation Tax Econ. Dev. & Transportation Eminent Domain/Condemnation Franchise Fees General County Government
Preemption Revenue & Finance Roads Telecommunications Todd Edwards
This legislation reduces the rate which the Georgia DOT may charge for the installation of telephone and other communications facilities in its right to $100 per linear mile annually.  Furthermore, it caps the amount of franchise fees a city can charge telephone companies that do not have retail end user customers within its jurisdiction at $100 per linear mile.       
HB 0529 EvaluatingAnimal Welfare - Illegal to Transport Critters in Back of Truck Karla Drenner
3/6/2017 House Second Readers Agriculture & Consumer Affairs -
Agriculture Animal Control Code Enforcement Criminal Procedure Farm
Forfeitures, Fees, and Fine Add Ons General County Government Law Enforcement Preemption Public Safety and Courts
Todd Edwards Traffic Enforcement
This legislation prohibits carrying live animals in the backs of trucks on Interstates.  Certain farm-related purposes/animals are exempted.  The bill also preempts county and city ordinances, as well as caps fines associated with, the transportation of live animals in the back of vehicles on the interstate.
HB 0533 OpposeLocal Right of Way - Preempt and Authorize Unlimited, Unfettered Access for Wireless Structures Brett Harrell
3/6/2017 House Second Readers Energy, Utilities & Telecommunications -
Business and Occupation Tax Code Enforcement Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Roads Todd Edwards
Transportation Utilities

This complex and lengthy bill provides as close to unfettered access to county and municipal rights of way (ROW) as possible for wireless providers to construct unlimited wireless support structures/poles (50' high, or 10' taller than any existing pole within 500'), antennas (up to 6 cubic feet), equipment boxes (up to 28 cubic feet) and other infrastructure in order to roll out 5G service in metropolitan areas.  The bill limits or preempts a broad range of county decisions regarding: wireless structures within and outside public ROW, collocation of small wireless facilities, zoning reviews for cell towers and wireless support structures, modifications to wireless facilities outside public ROW, location of wireless facilities on local government owned utility poles, and county jurisdiction over small wireless facilities on private property. For example, HB 535 would bar local governments from subjecting certain wireless facilities to zoning review and approval, limit fees that counties and cities could impose for permitting, regulating and managing access to public ROW by wireless companies, and impose unrealistic shot clocks for counties to make decisions regarding various wireless facilities; otherwise the applications are "deemed approved". In addition, the bill would prohibit counties from requiring that wireless providers indemnify and hold the county harmless against claims arising from negligent acts of the provider and does not provide that these structures be removed or relocated, at provider expense, for road widening, maintenance or emergency situations. Lastly, counties can only deny a permit for this infrastructure if it violates stipulations in the bill... which are slim to none.  

  

HB 0579 OpposeLocal government; cannot ban or regulate short-term and vacation rentals; provide Matt Dollar
3/15/2017 House Second Readers Regulated Industries -
General County Government Preemption Todd Edwards
This preemptive legislation prohibits local governments from banning short term and vacation rentals, then prohibits local governments from regulating said rentals outside of what the bill authorizes.   
HB 0757 NeutralTaxicab Regulations Alan Powell
3/27/2018 Senate Tabled Regulated Industries Regulated Industries and Utilities
Airports Business and Occupation Tax Econ. Dev. & Transportation Kathleen Bowen Preemption
Public Safety and Courts Transportation

This legislation clarifyies that if a city of county has a medallion system or “certificate of public necessity and convenience” in place, it is against the law for anyone to operate a taxicab without a medallion. Additonally, taxicab drivers would be required to display within full view of passengers an idientification card that included the name and photo of the operator and the name of company for whom the operator is driving.

This bill also includes the prohibition of the governing authority of any county or city airport from imposing any age limit on vehicles for hire doing business at such airport that is less than eight years measured from the vehicle's year of manufacture, for any vehicle used as a ride share, taxicab, or limousine. Lastly, the bill defines "soft taximeters" and states that that no local government shall have the authority to reject or prohibit the use of soft taximeters.

HB 0774 NeutralStatewide Regulations for Booting Vehicles Alan Powell
2/20/2018 House Committee Favorably Reported By Substitute Public Safety and Homeland Security -
2018/02/09 Report 2018/02/23 Report Econ. Dev. & Transportation General County Government Kathleen Bowen
Land Use/Zoning Law Enforcement Preemption Public Safety and Courts Traffic Enforcement
This legislation defines and sets statewide standards for vehicle immobilization devices and services - commonly known as "booting". In addition, this bill states that booting would be prohibited in a jurisdiction unless the local government passes an ordinance allowing booting.
HB 0876 NeutralBuilding Codes - Locals Cannot Prohibit Wood Construction John Corbett
7/1/2018 Effective Date Agriculture and Consumer Affairs Agriculture and Consumer Affairs
2018/02/09 Report 2018/02/16 Report 2018/02/23 Report 2018/03/23 Report Code Enforcement
Fire Services General County Government Preemption Public Safety and Courts Todd Edwards
This legislation preempts local governments from prohibiting the use of wood as a construction material so long as such use conforms to all applicable state minimum standard codes and the Georgia State Fire Code.  Several cities, concerned with fire safety, have enacted such ordinances.       
HB 0885 NeutralBurn Ban - Revisions for Agriculture Use Tom McCall
7/1/2018 Effective Date Natural Resources and Environment Natural Resources and the Environment
2018/03/2 Report Agriculture Air Quality Farm Kathleen Bowen
Nat. Res. & the Environment Preemption Public Safety and Courts
This legislation allows for the burn ban to not apply to those who would like to burn vegetative material for ag purposes on land greater than 5 acres. 
HB 0915 OpposeBodywork Therapists - State Governance and Local Preemptions Lee Hawkins
2/14/2018 House Second Readers Regulated Industries -
2018/02/16 Report Business and Occupation Tax General County Government Health and Human Services Land Use/Zoning
Law Enforcement Preemption Public Safety and Courts Revenue & Finance Todd Edwards
This legislation provides for the statewide definition, regulation and licensure of "bodywork therapists", entailing educational requirements, board governance, human trafficking notification, prohibitions on illicit/prurient practices, etc. on this therapy practice - much like what has been done for massage therapy.  It then preempts local governments from several regulations they can place on bodywork therapists and establishments.  It also prohibits local governments from collecting regulatory fees on, and licensing, bodywork therapists. Please review and let Todd Edwards (tedwards@accg.org) know of any concerns you have with these local preemptions.          
HB 0948 OpposeNo Local Restriction on any Sale of Goods Regulated by Federal or State Agencies Rick Jasperse
2/21/2018 House Committee Favorably Reported Agriculture and Consumer Affairs -
2018/02/23 Report Code Enforcement General County Government Health and Human Services Law Enforcement
Nat. Res. & the Environment Preemption Public Safety and Courts Todd Edwards

This state preemption, mirrored in SB 418, prohibits local governments from prohibiting or otherwise restricting the retail sale of any goods, products or items regulated by the U.S. Dept. of Agriculture, U.S. Food and Drug Administration or the GA Dept. of Agriculture, so long as any said sales are in compliance with local zoning.  This effort to prohibit local ordinances impacting a certain national pet store chain has expanded greatly.   ACCG asks that you pay very close attention to this bill and provide Todd Edwards (tedwards@accg.org) feedback on how it may impact any county ordinances regulating the retail sale of animals (pets or livestock), tobacco, alcohol, plants, etc.  

For a list of all goods, products and items regulated by these agencies (thus preempted by local government regulation) please click here.   

ACCG opposes taking away a community's ability to regulate the broad swath of goods, products and items covered by the above three agencies.    

 

HR 1539 SupportStudy Committee on Technology and Taxation in the Public Right of Way Brett Harrell
3/19/2018 House Second Readers Transportation -
Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation Franchise Fees
General County Government Preemption Public Safety and Courts Revenue & Finance Roads
Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, mirroring SR 1019, creates the House study committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five House members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area.        
SB 0042 EvaluatingMandatory Standards for Law Enforcement Engagement in Vehicular Pursuits Gail Davenport
1/24/2017 Senate Read and Referred -Public Safety
Debra Nesbit Law Enforcement Mandate Preemption Public Safety and Courts

This legislation requires written policies for emergency pursuits to include a requirement that a vehicle pursuit may only occur if probable cause exists to believe that the person committed or is committing murder, aggravated battery, kidnapping, false imprisonment, hijacking, interference with custody, trafficking for labor or sexual servitude, rape, armed robery, or any offnese that creates an immediate threat of death or serious bodily injury.  The policy must also require that the driver of the emergency pursuit vehicle comply with the requirements of O.C.G.A. § 40-6-6:  driving through a red light or stop sign only after slowing down as necessary for safe operation, exceeding the speed limit only if it does not endanger life or property, and using the blue lights and siren.

SB 0218 NeutralAutonomous Vehicle Regulations Steve Gooch
2/22/2017 Senate Read and Referred -Transportation
2017/02/24 - Report Econ. Dev. & Transportation Kathleen Bowen Preemption Public Safety and Courts
Revenue & Finance Tags/Titles Traffic Enforcement
This legislation regulates the operation of autonomous vehicles.
SB 0219 NeutralAutomated Driving System Regulations Steve Gooch
7/1/2017 Effective Date Transportation Transportation
2017/02/24 - Report Econ. Dev. & Transportation Kathleen Bowen Law Enforcement Preemption
Public Safety and Courts Revenue & Finance Tags/Titles Traffic Enforcement
This legislation allows for autonomous vehicles to operate on Georgia's roads without a human driver present and preempts any laws prohibiting automated driving systems.  
SB 0232 SupportBroadband - Authorize EMCs to Provide Steve Gooch
3/5/2018 House Second Readers Ways and Means Regulated Industries and Utilities
2017/02/24 - Report 2018/03/2 Report Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Public Safety and Courts Public Works
Revenue & Finance Roads Telecommunications Todd Edwards Utilities

This legislation authorizes EMCs to provide broadband service, VoIP, wireless services and other emerging communications technologies within their service areas and a 5-mile radius thereof.  EMCs would be allowed to accept state, federal and private grants loans to fund this endeavor, but cannot cross-subsidize their broadband services from their electric or natural gas funds. To do this, EMCs must provide nondiscriminatory, competitively neutral and commercially reasonable terms, conditions and access to their utility poles for other communications service providers.      

 

SB 0254 EvaluatingMinimum Annual Salary for Sheriff's Deputies and Creation of the Local Law Enforcement Officer Compensation Commission Michael Williams
2/24/2017 Senate Read and Referred -Public Safety
Auditing/Budget Compensation Debra Nesbit General County Government Law Enforcement
Mandate Personnel/Employment Preemption Public Safety and Courts Sheriff
This legislation requires counties to pay all deputies at the same level as the minimum annual salary for troopers of the Georgia State Patrol.  Each year, the deputies must recieve the same cost of living increase as state employees.  The legislation also creates a Local Law Enforcement Compensation Commission to study salaries and benefits of all local law enforcement officers.
SB 0418 OpposeNo Local Restriction on any Sale of Goods Regulated by Federal or State Agencies John Wilkinson
2/28/2018 Senate Lost -Agriculture and Consumer Affairs
2018/02/16 Report 2018/02/23 Report Agriculture General County Government Health and Human Services
Land Use/Zoning Nat. Res. & the Environment Preemption Todd Edwards

This latest state preemption legislation, mirrored in HB 948, prohibits local governments from prohibiting or otherwise restricting the retail sale of any goods, products or items regulated by the U.S. Dept. of Agriculture, U.S. Food and Drug Administration or the GA Dept. of Agriculture, so long as any said sales are in compliance with local zoning.  This effort to preempt local ordinances prohibiting a certain pet store chain has expanded greatly.   ACCG asks that you pay very close attention to this bill and provide Todd Edwards (tedwards@accg.org) feedback on how this bill may impact any county ordinances regulating the retail sale of animals (pets or livestock), tobacco, alcohol, plants, etc.  

For a list of all goods, products and items regulated by these agencies (thus preempted by local government regulation) please click here.   

Please note that ACCG takes no position on the operation of certain pet store chains; however, ACCG opposes taking away a community's ability to regulate the broad swath of goods, products and items covered by the above three agencies.    

 

SB 0426 SupportBroadband - EMCs and Rural Telephone Cooperatives Authorized to Provide Steve Gooch
3/29/2018 House Passed/Adopted By Substitute Energy, Utilities and Telecommunications Regulated Industries and Utilities
2018/02/16 Report 2018/02/23 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report
Broadband Code Enforcement Econ. Dev. & Transportation Economic Development Franchise Fees
General County Government Land Use/Zoning Preemption Revenue & Finance Roads
Telecommunications Todd Edwards Transportation Utilities

Originally, this was the wireless industry's attempt to preempt local management of the public's right of way.  The bill was changed in House Rules Committee to allow EMCs and rural telephone cooperatives to provide broadband service to rural areas under certain conditions.     

 

 

SB 0469 OpposeZoning - Preempt Local Practices Matt Brass
2/21/2018 Senate Read and Referred -State and Local Governmental Operations
2018/02/23 Report Code Enforcement General County Government Land Use/Zoning Preemption
Todd Edwards
This legislation preempts local governments from enacting any zoning ordinances regulating "building design elements" which include such factors as exterior building colors, style or materials of roofs or porches, location or styling of windows or doors, interior layout of rooms, etc., so long as these elements meet minimum standard codes.  Exceptions are made for historic landmarks/districts.  It further goes to redefine and restrict zoning powers, perhaps in violation of the Georgia Constitution.           
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