This bill relates to the recurring issue of collecting sales tax on internet sales and other sales by out of state retailers. This bill creates a new vendor classification, 'delivery retailer', defined as a retailer that either collects more than $250,000.00 from retail sales to be delivered in Georgia or that conducts more than 200 such sales. A delivery retailer must 1) either collect and remit sales tax to the state or 2) notify the purchaser that the purchaser is required to file a sales and use tax return. In the second situation, the delivery retailer is also required to send to each purchaser (and copy the Department of Revenue) a tax statement listing purchase price, date of purchase, and other information. These changes would become effective in January of 2019.

This legislation adds flexibility, clarifications and enhancements to the existing Single County T-SPLOST law. This bill allows Single County T-SPLOST to fund state transportation projects and removes dates that are no longer relevant so now all counties, with the exception of Fulton County who has their own code section, would follow the same Single County T-SPLOST law. It also permits more than one Single County T-SPLOST to be levied at the same time as long as the amount does not exceed 1 percent and allows cities to bond their T-SPLOST projects. Lastly, the bill clarifies that after January 1, 2018, Regional T-SPLOST and a Single County T-SPLOST cannot be on the ballot at the same time.

A more detailed description of HB 134 can be found here.

This bill provides a mechanism by which the governing authority of a county or municipality can access sales and use tax information from the Department of Revenue (DOR). Present law prohibits DOR from disclosing tax information even to other governments. Under the substitute version of this bill, the governing authority appoints a designated officer or official  who can request a report from DOR regarding identifying information on those vendors within that local jurisdiction who are currently remitting sales tax reports (actual sales tax numbers would not be obtainable). The designated officer could additionally request DOR to verify that sales tax receipts from particular vendors are accurately being remitted to the appropriate jurisdiction. The information retains its confidential status and is not subject to the Open Records Act. The information may be discussed by the governing authority in executive session. Disclosure of such confidential information by a local official is punishable as a misdemeanor.

The text of this bill was also added to SB 216. 

As amended by the author before the Senate Finance Committee, this bill would prohibit the placement on property tax bills of nontax-related fees and assessments, unless that fee or assessment is established via the creation of a special tax district. Regardless of method of establishment of such fees, however, this bill would prohibit the filing of liens against property for nonpayment of fees or assessments -- only unpaid property taxes could result in a lien. As a result, this bill would indirectly repeal existing law authorizing the filing of liens for unpaid sanitation and water fees/bills.

While the bill’s author maintains that placing such fees on property tax bills exposes the property owner to potential liens and losing of their homes due to unpaid fees, examples of that happening have not been provided. 

In contrast, placing fees on property tax bills provides convenience to citizens, lowers counties’ administrative costs, and results in higher collection rates. Because experience has shown that billing fees separately can significantly impact collections, counties could be faced with either raising fees for those who do pay in order to continue providing vital services, or shift those fees to property taxes. In addition, for those counties that currently do include fees on property tax bills, separating those billings will likely result in substantial administrative costs. More importantly, the loss of the ability to file liens would mean that counties would have to sue citizens for unpaid fees or raise fees on those citizens who do pay their bills.

ACCG believes that the decision on whether to bill separately or collectively for taxes and fees is best left to local officials, who are better positioned to respond to the specific desires of their citizens.

 As amended in the Senate Finance Committee, the above subject was removed and replaced with unrelated language exempting non-profit organizations from the $5 transporation surcharge for hotel/motel stays.

This legislation amends the Oil and Gas Deep Drilling Act of 1975. It requires the creation of regulations governing hydraulic fracturing. Counties and cities have the ability to adopt local zoning or land use ordinances limiting the location or timing of fracking activities to protect natural resources, human life and human welfare. A three percent severance tax will be required from the sale price of the gas and oil obtained. Counties, where the fracking occurs, can enact local ordinances or resolutions to levy its own severance tax, which can't exceed nine cents per barrel of oil or two cents per thousand cubic feet of gas.  

This bill changes the criteria that a tax assessor is required to apply in determining fair market value of property receiving certain income tax credits for ad valorem tax purposes. It is an effort to circumvent a recent court decision and limit the consideration of low income housing tax credits.

The text of this bill was added to HB 196. 

As introduced, this bill provides for the comprehensive revision of the distribution of state and local TAVT proceeds. First, during a four-year phase in period, counties (and other local governments) first receive proceeds based upon the 2012 tax year ad valorem collections minus the amount of ad valorem tax collected in the current month. During that phase-in period, the remaining amount is split between the state and local governments on a graduated scale that shifts more money to the local governments. Following the phase in period, all vehicle ad valorem taxes and TAVT proceeds are split 30 percent to the state and 70 percent to local government. During the phase in period, the distribution of local TAVT proceeds among counties, schools, and cities remains the same as at present. Under a proposed substitute to the original bill, beginning in 2022 the county/schools/cities split would be at the average percentages those entities received from 2018 through 2021. More information is available here. 

As passed by the Senate Finance Committee, the above changes to the state/local distribution of TAVT was removed from the bill. As ultimately approved by both the Senate and House, HB 340 only changes the formula for calculation of TAVT on leased vehicles.

This legislation allows cities and counties to regulate the hours of firework usage within their communities on all but seven days of the year via the adoption of a noise ordinance, so long as said ordinance is general and applicable to all manner of sounds and noises.  Before adopting the ordinance, counties must post notice in the legal organ or on their Web site stating the date, time and place of the meeting and informing the public that the ordinance will affect the use of fireworks.  Statewide use remains allowed from 10:00 a.m to 11:59 p.m. on January 1, December 31, July 3 and July 4, the Saturday and Sunday preceding Memorial Day, Labor Day, and from 12:00 midnight to 1:00 a.m. on January 1 annually. On the downside, for counties not adopting an ordinance, fireworks usage extends from 10:00 a.m. to 12:00 a.m. every day of the year.  Previously, usage was allowed from 10:00 a.m. to 9:00 p.m.      

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.

This legislation had mandated that cities and counties which charge any regulatory fees (license or permit fees) or have any regulatory requirements to establish a schedule of such fees and requirements which must include time lines necessary for processing completed applications and a list of all documentation needed by applicants to meet regulatory requirements. Upon receipt of an application related to any fee, the applicant will pay only 50% of the fee. The local government must then notify the applicant whether an application is complete. Whenever the local government does not meet its deadline for acting on a "complete" application, the associated fees will be reduced by 10 percent for each 10 days said action is delayed. Local governments are required to set up a second, expedited process for processing all applications and permits and must study how to share applicants' information with other local, state and federal agencies so that applicants don't have to duplicate filing efforts with other governments.  

For a summary of the above, Senate version of SB 2 please click here.      

The above language was removed by the House and replaced with a voluntary "Ready for Partnership Georgia" program whereby local governments can adopt a series of measures to streamline their permitting processes to obtain said designation.  While ACCG has no concerns with the now-current House version of the bill, there will most certainly be efforts by the Senate to reinstall the above language that ACCG opposes.  Stay tuned, as this one will likely be decided in a conference committee report late on the last day of session.