HB 0081 |
Support | Hospital Authorities and Contractors Intercept Income Tax Returns to Pay Medical Bills |
Tom McCall |
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3/1/2018 |
Senate Read and Referred |
Ways and Means |
Finance |
- |
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| This legislation allows health care facilties created, formed or operated on behalf of a hospital authority to intercept tax refunds to pay outstanding medical bills. |
HB 0085 |
Neutral | Forest Land Conservation Valuation - Appraisal Methodology |
Jay Powell |
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1/1/2019 |
Effective Date |
Ways & Means |
Finance |
- |
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| The substitute version of this bill changes the method of valuation of forest land conservation property by uncoupling that valuation from 2008 values as existing law provides. Instead, the valuation would first change to 2016 values and then reset every 3 years thereafter. In addition, this bill creates a new appraisal methodology for valuation of non-covenant timberland property (defined as property with the primary purpose of commercial timber production).The Department of Revenue (DOR) will develop a methodology each year for valuing such property via actual income data for such properties. However, the resulting values could not be less than 175% of the corresponding FLPA value for that property. DOR is allowed to withhold 3 percent administrative fee from FLPA assistance grants to counties, cities, or school districts. The bill is contingent upon ratification of an enabling constitutional amendment, HR 51. Local assessors and taxpayers would have the right to appeal DOR's appraisal methodology. |
HB 0327 |
Support | Title Ad Valorem Tax on Vehicles - Amendments |
Jay Powell |
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3/27/2018 |
Senate Tabled |
Ways and Means |
Finance |
- |
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| The text of this bill was added to HB 329 and adopted, effective July 1, 2019. This bill would make several changes to the calculation and distribution of title ad valorem tax (TAVT). Rather than the current law which provides for annual adjustment of the state/local split based on prior year collections, local governments will continue to collect ad valorem taxes on pre-2013 vehicles. TAVT proceeds be split between the state and local governments on a 65/35 (state/local) basis. The local share would be distributed as follows: 1) for vehicles registered in unincorporated areas, 51% of the local proceeds would be paid to the county and 49% to the school system; and 2) for vehicles registered in incorporated areas, 49% would be paid to the school system, 28% to the county, and 23% to the city. There are also provisions to accommodate MARTA in the three counties in which MARTA sales tax is collected. As adopted, the formula for calculating TAVT on used cars is unchanged. The TAVT rate for out-of-state registrations is lowered from 7% to 3%. Certain minor changes are also included, such as no longer charging full TAVT when a vehicle is retitled as a result of a divorce from one spouse to the other. |
HB 0332 |
Support | Georgia Outdoor Stewardship Act |
Sam Watson |
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7/1/2019 |
Effective Date |
Natural Resources & Environment |
Appropriations |
- |
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| This bill creates the Georgia Outdoor Stewardship program. The intent of this legislation is to provide dedicated funding for state parks and state wildlife management areas as well as support to local parks and trails. Forty percent of the proceeds of all state sales tax from outdoor recreation items would be appropriated for the protection and preservation of conservation land. The General Assembly has the ability to increase this amount up to the 80%.
Counties would be eligible to apply for grants and loans from this newly created trust fund. A Board of Trustees of the Georgia Outdoor Stewardship Trust Fund is created to oversee the grant/loan applications. The composition of the board could include representatives from local government.
In addition, each county in which is located 20,000 acres or more of unimproved real property belonging to the state and under the custody or control of the Georgia Department of Natural Resources (GA DNR), in which such state-owned property exceeds 10 percent of the taxable real property in the county, and in which such property represents 10 percent or more of the assessed tax digest of the county may receive from the GA DNR an annual grant. Only land acquired with Outdoor Stewardship Trust Fund money would be used in the calculation of this grant.
The bill is contingent upon a proposed constitutional amendment, found in HR 238, which would be placed on the ballot for the November, 2018 state-wide general election.
Additional Information: https://georgiaoutdoorstewardship.org/ |
HB 0373 |
Oppose | Tax Assessment - Conservation Use Property |
David Knight |
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2/28/2018 |
Senate Read and Referred |
Ways and Means |
Finance |
- |
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| This bill makes several fundamental changes to CUVA including: 1) a prohibition against the board of tax assessors requiring a recorded plat or survey to set the boundaries of the residence which is excluded from CUVA; 2) changes the limitation of ownership by a nonprofit 501(c)(3) conservation organization to any 501(c)(3) organization; 3) changes qualified uses to include the breeding of any animals rather than being limited to livestock and poultry; 4) changes the requirements for parcels of 10 acres or less so that an owner need provide only one of several new types of proof of qualifying use and a complete exclusion of any additional proof requirements for property that first made subject to CUVA or is renewed under CUVA on or after May 1, 2012; 5) establishes multiple punitive measures against the board of tax assessors and tax commissioner including interest and attorney fees in litigation over the application or a covenant breach and interest on tax refunds. |
HB 0374 |
Neutral | Tax Assessment - Change Procedures |
David Knight |
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7/1/2018 |
Effective Date |
Ways & Means |
Finance |
- |
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| This legislation allows for electronic return of property to the tax commissioner if he or she has adopted a written policy accepting electronic service. It also makes changes to the annual notice of current assessment from the board of tax assessors and makes changes to the property assessment appeals process, including lowering the value threshold for appeals to a hearing officer from $750,000 to $500,000. |
HB 0673 |
Neutral | Prohibit Distracted Driving |
John Carson |
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7/1/2018 |
Effective Date |
Judiciary - Non-Civil |
Judiciary |
- |
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| This legislation creates the offense(s) of violation of usage of a wireless telecommunications device, which prohibits the use of the device for texting, receiving or sending text, or talking on a wireless device while driving. The fine shall be $50.00 for the first conviction; the second conviction the fine shall be $100.00; and the third offense shall be $150.00, no additional surcharges shall be assessed on any fine for distracted driving. There is a provision that if proof is presented to the court on the first offense that the driver purchased a hands free device for future use, the charge shall be dismissed. There is a specific exemption for law enforcement officers, firefighters, EMS or any public safety first responder during the performance of their duties. |
HB 0693 |
Oppose | Prohibits Liens on Property Where Solid Waste Fees Are Delinquent |
Brett Harrell |
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2/21/2018 |
Senate Read and Referred |
Ways and Means |
Natural Resources and the Environment |
- |
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| This legislation would repeal the state law that permits local governments to place liens on properties for unpaid trash fees without going to court first. Local governments would still have other collection options, including filing a claim in Magistrate Court; a judgment from Magistrate Court can still be filed as a lien against the property of the debtor. Because direct filing of trash liens provides another tool for local government collection of unpaid fees, ACCG opposes this legislation. The House passed HB 693 on 2/20/18. Vote Tally Link |
HB 0696 |
Neutral | Sales Tax Exemption - High Tech Data Centers |
Trey Kelley |
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|
1/1/2019 |
Effective Date |
Ways and Means |
Finance |
- |
|
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| This bill expands an existing sales and use tax exemption, applicable to both state and local sales tax, for the sale or lease of computer equipment or high-technology data center equipment incorporated or used in a high-technology data center. As amended in the Senate, to qualify for the exemption, a data center would be required to have an investment plan demonstrating a minimum investment over a ten-year period. There are tiered minimum investment thresholds depending on county population, with the threshold rising as population rises. |
HB 0761 |
Neutral | Electronic Filing of Motor Vehicle Certificate of Title |
Jason Ridley |
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5/8/2018 |
Effective Date |
Motor Vehicles |
Public Safety |
- |
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| This legislation allows motor vehicle dealers the option of electronic filing of applications for titles; current law requires dealers to file electronic applications. As a result, dealers would have the option of filing applications at county tag offices. In addition, a dealer would have the option of filing title applications in the county where the dealer is located rather than in the counties where the purchasers reside. |
HB 0774 |
Neutral | Statewide Regulations for Booting Vehicles |
Alan Powell |
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2/20/2018 |
House Committee Favorably Reported By Substitute |
Public Safety and Homeland Security |
- | - |
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| 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 0791 |
Negotiating | Sovereign Immunity - Waiver for Certain Claims against the State |
Chuck Efstration |
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3/27/2018 |
Senate Tabled |
Judiciary |
Judiciary |
- |
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| Following recommendations of the Governor's Court Reform Council and in response to several recent Georgia Supreme Court decisions, this bill would allow for a limited waiver of the state's sovereign immunity so as to allow lawsuits against the state for injunctions and/declaratory judgments where a state law is alleged to be unconstitutional. As amended in House committee, the substance of HB 674 was added to this bill, waiving county and city sovereign immunity for injunctive/declaratory relief for allegations that the local government has violated a constitutional provision, statute, state rule/regulation, or local ordinance. Immunity would still apply to any related monetary damages. The amended version also permits direct appeals of trial court orders ruling that immunity does not apply to a claim (from HB 256). A substitute version approved by the Senate Judiciary Committee removes local governments from the scope of this bill but retains the direct-appeal authorization. |
HB 0814 |
Support | Coroners - Counties Allowed to Set Salary |
Ricky Williams |
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3/12/2018 |
Senate Read Second Time |
Governmental Affairs |
State and Local Governmental Operations |
- |
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| This legislation authorizes counties to establish the compensation of coroners and deputy coroners, unless said salaries are already covered by local legislation. Counties with a population of less than 34,999 must continue to offer the state's minimum salaries. Counties are able to offer COLAs and longevity increases (which are currently required), but there can be no double dipping on state, then local COLAs. Counties can elect not to set these salaries, but maintain the status quo spelled out in state law. |
HB 0827 |
Support | Income Taxes - Expansion of Rural Hospital Organization Tax Credit |
Trey Kelley |
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|
3/27/2018 |
Senate Tabled |
Ways and Means |
Finance |
- |
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| This bill would increase the value of the income tax credit, from 90% to 100%, of the amount of donations to rural hospital organizations. The credit applies to the first $5,000 (individual) or $10,000 (married or corporations) of such donations. The sunset date for this credit is extended through 2021. |
HB 0843 |
Neutral | Income Tax Credits - Expansion of Areas Qualifying as "Less Developed Areas" |
James Shaw |
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|
7/1/2018 |
Effective Date |
Ways and Means |
Economic Development and Tourism |
- |
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| This bill expands the income tax credit for businesses in "less developed areas", to include businesses located in census tracts that contain a military installation and a government-owned industrial park. |
HB 0876 |
Neutral | Building Codes - Locals Cannot Prohibit Wood Construction |
John Corbett |
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|
7/1/2018 |
Effective Date |
Agriculture and Consumer Affairs |
Agriculture and Consumer Affairs |
- |
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| 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 0886 |
Support | Sales Tax Exemptions - Revision of Agricultural Exemption/GATE Program |
Sam Watson |
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5/3/2018 |
Effective Date |
Agriculture and Consumer Affairs |
Agriculture and Consumer Affairs |
- |
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| This bill makes several changes to the GATE program: 1) increases the sales and operations thresholds from $2,500.00 to $5,000.00; 2) includes livestock as an agricultural product; 3) provides additional requirements for applicants who apply and provide IRS Form 1120 or 1120(s); requires the agriculture commissioner to get a taxpayer's valid state tax identification number prior to issuing an exemption certificate; 4) provides for 3 year duration of new exemption certificates for a fee of $150.00 and an annual wallet sized card showing the certificate is in effect for the current year; 5) provides for new procedures for suspension or revocation of the certificate for unlawful use; 6) authorizes DOR and the Department of Agriculture to share confidential tax information for program compliance purposes; and 7) requires the Department of Agriculture to prepare an annual report for the chairs of House Ways and Means and Senate Finance committees. |
HB 0888 |
Neutral | Freeport Exemptions - Changes to Application and Reporting Process |
David Knight |
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|
5/8/2018 |
Effective Date |
Ways and Means |
Finance |
- |
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| This bill changes the procedures for obtaining Freeport Exemptions from ad valorem taxes by: 1) requiring the use of a summary as prescribed by the Department of Revenue instead of a complete schedule of inventory; 2) providing that if the county board of tax assessors fails to issue a denial letter within 180 days after receiving the freeport application, the exemption is granted; 3) granting the exemption for the assembly of finished parts; and 4) providing that an exemption application is timely if postmarked by the date on which the local government "closes the book" on annual property tax returns. |
HB 0899 |
Neutral | Public Works Bids - Alter Grounds by Which a Bidder Can be Disqualified |
Dominic Lariccia |
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5/3/2018 |
Effective Date |
Governmental Affairs |
Economic Development and Tourism |
- |
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| The legislation amends the public works bidding laws, stating that bidders cannot be disqualified from sealed, competitive bid/proposal public works contracts simply because they lack previous experience with the "construction delivery method" to be used for the job which is being sought. Previously, counties could automatically reject such bids. |
HB 0904 |
Neutral | Recreational Property Owners act - Effect of Charging Admission |
Meagan Hanson |
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7/1/2018 |
Effective Date |
Judiciary |
Agriculture and Consumer Affairs |
- |
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| This bill would remove the immunity otherwise provided to owners of recreational property made available to the public if such owners charge anyone for admission. This bill seeks to overturn a recent court decision that provided such immunity if the specific injured person was not charged for admission, regardless of whether others were charged for admission. |
HB 0930 |
Support | Transit Governance and Funding |
Kevin Tanner |
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|
5/3/2018 |
Effective Date |
Transportation |
Transportation |
- |
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This bill provides for transit governance and funding options for the Metro Atlanta region (a designated nonattainment area currently consisting of Cherokee, Clayton, Coweta, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale counties) and the rest of the state.
The Atlanta-region Transit Link (ATL) Authority is a new regional governing board that will lead the planning and coordination of transit in the Metro Atlanta region and will control state and federal transit funding. Counties in the Metro Atlanta area would be able to call for a referendum to levy a Transit SPLOST up to 1% (and may be in .05% increments) for up to 30 years. The county and all qualified municipalities may select transit projects for the county from the regional transit plan. The ATL Authority shall approve or deny any or all projects within a submitted transit project list and the proposed operator of any transit projects. Lastly, counties outside of Metro Atlanta who partner with a neighboring county have the option to levy up to 1% (and may be in .05% increments) for up to 30 years. Each county planning to participate in the selected transit project or projects shall enter into intergovernmental agreements. The referendum must pass both counties for the tax to be imposed. A more detailed analysis of the bill can be found here.
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HB 0943 |
Evaluating | Opioid Alternative Treatment Act |
Karen Mathiak |
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2/21/2018 |
House Second Readers |
Insurance |
- | - |
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| This legislation requires insurance companies to pay for alternatives for treatment to opioids. |
HB 0948 |
Oppose | No Local Restriction on any Sale of Goods Regulated by Federal or State Agencies |
Rick Jasperse |
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|
2/21/2018 |
House Committee Favorably Reported |
Agriculture and Consumer Affairs |
- | - |
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| 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. |
HB 0960 |
Neutral | Tax Incentives for Out-of-State Businesses |
John Pezold |
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|
2/22/2018 |
House Second Readers |
Ways and Means |
- | - |
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| This bill prohibits the General Assembly from granting, modifying, or extending a tax incentive to an out of state person unless an equal incentive is also offered to in state persons. |
HB 0968 |
Oppose | Requires Transfer of Probation Supervision to the County of Residence for Misdemeanor Offenses |
Mack Jackson |
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|
2/22/2018 |
House Second Readers |
Public Safety and Homeland Security |
- | - |
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| This legislation amends the current practice of transferring of probation supervision upon order of the court to the county of residence, to requiring that probation be transferred to the county of residence of the offender.
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