This legislation, another attempt at limiting home rule, prohibits counties and cities from adopting zoning ordinances which prohibit residential property owners from raising any crops, milk goats, chickens or rabbits so long as these are for personal consumption -- despite its impact on neighboring property values. A similar bill passed through the House Agriculture Committee last year.

HB 15 would prohibit ACCG and any county employee from speaking to any committee of the General Assembly.

HB 41 reduces the fee paid to the superior court clerks for preparing trial records for appeal from $10.00 per page to $1.00 per page. This bill also provides that the judicial operations fund fee will not apply to the issuance of certificate of appointment or reappointment of notaries public.

The clerk of superior court is required to provide an exact copy of the record (not to include the transcript) in all capital criminal cases where there was a conviction at no cost to the Attorney General's Office.

This bill allows local legislation to further restrict the number of optional dates for special elections and to further limit the dates that certain categories of questions may be posed to the voters. The dates of special elections were substantially narrowed a couple of years ago by general law. Since special elections are a local matter, county commissioners should retain as much flexibility as possible to effectively manage their local affairs.

This bill restores county and city ability to regulate the use of bicycles on sidewalks. State law was amended two years ago to prohibit the riding of bicycles on sidewalks by anyone over the age of 12.

Under this legislation, private nonprofit organizations/clubs do not need a license, permit or other authorization from the state or local government to sell alcoholic beverages by the drink at their "single" functions. Single functions last no longer than 24 hours and cannot occur more than once a month at the same location.

This bill removes cities' ability to annex unincorporated islands without residents' consent effective January 1, 2013. This provision was enacted in 1992 to encourage cities to incorporate unincorporated islands that existed prior to the prohibition of their creation. The bill failed twice in the Senate.

For a summary of some of the major provisions of the Illegal Immigration and Reform Enforcement Act of 2011, click here.   

HB 90 authorizes the state to convey property that is part of the Heritage Trust Program to a willing local government.  It also establishes DNR procedures to convey said property.     

This bill shortens the duration of in person, no excuse, early voting from 45 days to 21 days, making the early voting period in Georgia consistent for all elections - from city (which is presently 21 days) to county, state and federal. It also brings Georgia closer to the national average of 24 days. To provide an increased opportunity to vote early for those who normally have to work, it mandates that polls must be open the second Saturday prior to an election for early voting. The bill was introduced with bipartisan support. To read more, click here.

Current law requires that 35% of the registered voters file a petition with the election superintendent to call a referendum to let the voters decide whether the manufacture, sale and distribution of liquor would be allowed in the county. HB 96 would allow a referendum upon the signature of 5% of the registered voters of a county. The bill also specifies that the referendum could only be held in connection with a general primary.

This bill prohibits public employees from using any computer, fax machine, telephone, e-mail, word processing software, printer or other telecommunications device owned by the government for the purpose of promoting or opposing the passage or veto of legislation. County employees whose duty is to communicate with legislators would be exempt.  While the bill was passed by the House Governmental Affairs Committee on February 28th, the author of the legislation said the he does not intend to push the bill to passage this year.  

HB 110 sets forth procedures to which a county or city must adhere in developing registries for foreclosed and vacant real property. The intent of these registries is to identify responsible parties that can be held accountable for properly maintaining the properties so that surrounding neighborhoods are not adversely affected.  The bill defines foreclosed and vacant properties and imposes a cap on registration fees at $100 per registration and fines for noncompliance at no more than $1000. The bill also expressly allows local governments to require owners of the registered properties to update contact information for properties in the registry. While ACCG opposed earlier versions of the bill which were designed to make registries infeasible, HB 110 in its current form, with amendments adopted by the Senate, is acceptable.  The effective date is July 1, 2012 pending the Governor's signature.

HB 124 clarifies that annexation arbitration panel members are entitled to a per diem of $115 plus reimbursement for mileage.

HB 129 prohibits any transfer of property or covenant from including a requirement that anyone pay a fee for any future transfers of the property.  There are several exemptions to this prohibition, including transfers of property because of judicial foreclosure, non-judicial foreclosure and conveyances by court order or operation of law. 

This bill re-writes Georgia's law on ownership of dangerous and vicious dogs. If a dog bites, attacks or attempts to bite or attack a person or domestic animal, then the owner of the dog or the person providing care to the dog will be liable for any damages, including consequential damages.  

HB 146 does not allow anyone in a residentially zoned area to train dogs to attack humans (or house dogs that have been trained to attack humans) unless such a use is specifically allowed in the county's zoning regulations.

HB 146 does not allow a person convicted of a serious felony, felony dogfighting or animal cruelty, felony trafficking of illegal drugs to own or reside with a dog that has not been spayed or neutered or a dog that has been classified as dangerous or vicious until ten years after the felon has completed his or her sentence.

HB 146 allows any judge to order the euthanasia of a dog if the court finds, after notice and an opportunity to be heard, that the dog has killed or seriously injured a person or presents a danger to people.

HB 146 also rewrites the Dangerous Dog Control Law as the Responsible Dog Ownership Law.

Under current law, a magistrate may only be removed from office for cause or for failure to complete required training. The removal is by the Judicial Qualifications Commission. HB 149 would allow the chief magistrate to petition the chief superior court judge to remove an appointed magistrate with or without cause. If the majority of superior court judges agree, then the chief magistrate can terminate an appointed magistrate.

Local law or the superior court judges determine how many magistrates are authorized for the county. The statute currently provides that the number may not be reduced to remove a magistrate from office in the middle of a term. HB 149 removes this requirement, which would allow a magistrate to be removed in mid-term if the number of magistrates authorized for the county is decreased pursuant to local legislation or decision of the superior court judges.

HB 158 changes the election of judges back from the November general election to the summer primary election. The author explains this will potentially save counties money by avoiding costly run-offs solely for judicial offices and it reverts the elections back to the dates in place prior to 2005.  

HB 164 prevents counties from prohibiting the use of coin operated amusement machines or limiting the number of coin operated amusement machines to less than nine per business. Counties may provide limited regulation of these machines, including requiring business owners to inform all employees of the state prohibitions against disbursing certain types of prizes. Counties may provide that an alcoholic beverage license may be suspended or revoked for failure of a business owner to comply with the state law regarding the use of coin operated amusement machines. Counties may also regulate the distance required between the coin operated amusement machines and other structures, so long as the distance requirements are no more stringent than those provided for the sale of alcoholic beverages. Businesses may be required by the county to keep the coin operated amusement machines in plain view.

Current law forbids the sale of alcoholic beverages within 100 yards of any housing authority property. HB 165 allows the county and housing authority to agree to allow the sale of alcohol within this 100 yard zone using one of two methods. Using the first method, the person seeking an alcoholic beverage permit within this area could submit an application to the county, which would be forwarded to the housing authority board to review. Within 30 days of receiving the application, the housing authority board has the opportunity to provide the county with a recommendation to grant or deny the application. After the 30 day period or after receiving a recommendation, the county may grant the application.The second method would allow the applicant to get a written recommendation for approval from the housing authority to submit with their application to the county.

Under the Service Delivery Act cities and counties cannot charge residents outside their jurisdictions water and sewer fees that are arbitrarily higher than the fees charged to residents of their jurisdiction. HB 174 adds that arbitrarily-higher "rates" would also be prohibited and the definition of fees would now include "account fees or other customer fees." If the reasonableness of a rate or fee is challenged by a county or city, current law requires that a qualified engineer must prepare a rate study. HB 174 removes the requirement for this rate study.

HB 179 addresses removal or maintenance of trees and vegetation near billboards on the state road system. Billboard owners would have to get a vegetation removal permit through the Department of Transportation. The law includes protection for trees that are considered historic or landmarks. For signs taller than 75 feet, in order to get a vegetation maintenance permit from the DOT, the owner would have to agree to reduce the height of the sign to 75 feet unless lowering the sign is precluded by a county code or regulation. If the height reduction involves a new support mechanism, like a new pole, then the owner is required to get a written footer inspection from the county. The Department of Transportation may refuse to grant a vegetation maintenance permit for any signs with material that is considered "obscene" in accordance with state or local law.

HB 203 requires the Peace Officer Standards and Training Council to provide notice of any investigation of a peace officer that may result in disciplinary action to the head of the employing law enforcement agency, the district attorney and the solicitor of the judicial circuit where the peace officer is employed.

HB 206 provides "whistle blower" protection to county employees who report fraud, waste or abuse to a supervisor or government agency.  Counties may not retaliate by taking or threatening to take adverse employment action such as discharge, suspension, demotion, negative performance evaluations or refusal to promote because an employee has reported violation of or noncompliance with a law or because an employee has reported fraud, waste or abuse to either a supervisor or to the county.  Similarly, the county may not create a hostile work environment for such an employee by allowing a continuous pattern and practice of negative or unprofessional behavior directed toward an employee who has reported violation of or noncompliance with a law or who has reported fraud, waste or abuse to either a supervisor or to the county.

For two years after an employee makes a complaint, if any adverse action or threats of adverse action are taken by the county or the employee's supervisor, it will be presumed that such action was done in retaliation for the complaint.  

An employee who knowingly and intentionally makes a false or misleading report of a an illegal action, fraud, waste or abuse may be found guilty of  a fine between $1,000 and $10,000 and/or imprisonment up to 1 year.

HB 223 exempts structures on farms built primarily to store manure and dead animals from any building codes.