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.

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/ 

 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. 

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.          

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.  

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.