This legislation is a restructuring of the Civil Forfeiture Procedure Act which impacts drug forfeitures and seizures.  This statute is one of law enforcement's most effective tools in bringing down criminal enterprises. The district attorney, through a judicial process, can seize cars, cash and property of drug dealers and other criminals.  Many county commissioners refer to this forfeited property as drug fund money. The funds and property are used for law enforcement training, equipment and investigative expenses. The revised HB 1 standardizes the reporting requirements for law enforcement, and creates a new process for district attorney forfeiture funds.

This legislation stipulates methods by which the General Assembly can create new cities. 

 

In counties where more than 25% of the population lives in cities, in order to create a new city, the remainder of the unincorporated area would have to be placed in the new city or annexed into existing cities. 

 

In any type of county, a bill to create the new city would have to be introduced in the first year of a two year legislative session, studied in between sessions and adopted in the second year of the session. In the time between sessions, a study of the proposed city would be conducted to include: the economic viability of the proposed city, the plan for the remaining unincorporated area of the county, the amount of taxes necessary for the proposed city to provide services to its residents, the financial impact of the new city on the county and adjacent cities in the county, a comparison of the estimated police, fire and sanitation services in the new city, the county and the adjacent cities before and after the creation of the city, the financial impact of the plan on the remaining unincorporated area of the county, and the county as a whole and the existing cities.

 

The legislative committees considering the creation of the new city would be required to hear testimony to determine if there are less disruptive or less costly alternatives than creation of a new city.  For instance, they would hear testimony about whether overlay zoning districts, special land use districts, and special tax districts would better meet the needs of the residents of the proposed city. 

 

If a proposed city is within a certain distance of existing cities, the existing cities must adopt a resolution consenting to the creation of the new city. 

This legislation allows any school board to designate one or more qualified persons to carry a concealed firearm within a school safety zone or school building, at a school function, on school property or on a bus.  Said qualified person would have to obtain a weapons carry license, complete sufficient training, cannot be mentally or emotionally instable and have a criminal background check run annually. Firearms must either be locked up or carried concealed on the person at all times. Any person serving in this capacity would have to do so on a voluntary basis and the local school board is responsible for any costs associated with this process.       

This legislation changes the Service Delivery Strategies Act to prohibit a water service provider from charging higher water or sewer fees to customers outside their political jurisdiction - unless otherwise provided by a contract.  It applies only to cities created since January 1, 2000, and others that may be created in the future.  The water service provider shall have no obligation to serve the outside customers/entity if an agreement is not reached, and that service could be cut off with a 6-month written notice.       

Currently, Superior Court Clerks keep, as personal compensation, the $25 fee charged for processing U.S. passport applications.  This bill requires the Clerks to turn over these fees to the county governing authority.  Note that counties would remain free to provide this revenue back to the Clerk's office in whole or in part. 

This was the omnibus gun bill of this year's session. ACCG opposed three of its numerous provisions: weapons being allowed in local government buildings unless security and screening are in place; law enforcement not being able to detain persons carrying weapons to determine whether they are legally licensed to do so; and individuals being empowered to sue a county, an elected official or a county employee for any perceived violation of state firearms regulations.    

 

For a summary of HB 60, please click here.

 

To view how House members voted on the bill: http://www.legis.ga.gov/Legislation/en-US/vote.aspx?VoteID=12129

 

To view how Senate members voted on the bill: http://www.legis.ga.gov/Legislation/en-US/vote.aspx?VoteID=11927  

Currently, retirement programs such as those offered by ACCG and GMA may only invest 5 percent of their holdings in real estate investments. This legislation increases the amount of permissible investment to 10 percent.

This legislation requires electrical utilities (using eminent domain to construct or expand electric transmission lines) to consider the existing land uses, existing environmental conditions, engineering practices related to the construction and operation of the line and costs related to the construction, operation and maintenance of a line when determining where to locate an electrical line. Land uses and environmental conditions are to be given priority in this consideration process. 

This bill requires electrical utilities (using eminent domain to construct or expand electric transmission lines) to bear the burden of proof that they considered existing land use, corridors, environmental conditions, engineering practices related to the construction and operation of the line, as well as the costs related to the construction, operation and maintenance of the line when selecting the location of the electrical line. 

This legislation requires coroners, emergency medical technicians, paramedics and first responders to report suspected abuse of elders and disabled adults. Provides for criminal penalities for abuse of elders and disabled adults.

This legislation allows for the boundary lines of restricted access communities to be used as boundary lines for all or a portion of a voter precinct.  

This bill states that guns, accessories, and ammunition that are made in Georgia and remain in Georgia are not subject to federal laws relating to firearms.

This legislation protects "monuments", which include plaques, statues, markers, flags, banners, displays and memorials, dedicated to a historical entity, event, nation or government and that honors military service to the United States, Confederacy or several states therein.  No publicly-owned  monument, meant to be perminent, located on county property may be relocated, removed, concealed, obscured in any way by the county other than as necessary to preserve or protect the monument.  Counties may relocate such a monument when necessary to build or expand edifices, buildings, roads and other transportation construction projects; however, the monument must be relocated to a site of similar prominence, honor, visibility, availability and access within the county.  The monument may not be relocated to a museum, cemetery or mausoleum unless it was originally placed there.

Under current law, an individual may produce 50 gallons of malt beverages in a year in their home without having to be licensed or pay excise taxes so long as the malt beverages are not sold or offered for sale.  This legislation allows the home brewer to make as much as 200 gallons per year and up to 25 gallons may be transported out of the home for special events regulated by the State Revenue Commissioner.  Local Governments (in which the sale of malt beverages is lawful) may issue home-brew special event permits, to include contests, tastings and judgings, but cannot charge more than $50 for said permits.    

This legislation prohibits county officials and employees from changing the requirements regarding guns during a state of emergency. Those found guilty of violating this law will have to pay the prevailing party's reasonable attorney fees.    

The underlying language for this bill was stripped in the Senate Non-Civil Judiciary Committee on Wednesday and was substituted with the language in SB 160. Both bills address one of ACCG's top priorities this session, which is to reduce paperwork and bureaucratic morass in complying with Georgia's illegal immigration reform mandates. 

 

This legislation, one of ACCG's top priorities, seeks to halt the now-common state practice of redirecting fees from their designated purposes to the state's general fund for other uses.  If fees for the Solid Waste Trust Fund, Hazardous Waste Trust Fund, Indigent Defense, Peace Officers and Prosecutors Training Fund and teen driver's education are not appropriated for their intended use, the fees will be reduced or eliminated, proportionate to the amount that is redirected. 

 

While the Senate once again halted this legislation, HB 276 did pass both chambers, applying the above fee-reduction mechanism to the Hazardous and Solid Waste Trust Funds.    

 

Click here for ACCG's HB 127 Press Release

 

Click here for ACCG's sectional summary of HB 127

 

Click here for ACCG's implementation timeline for HB 127        

Under current law, individuals who own property in the unincorporated area of the county containing a cemetery or burial site must obtain a burial disturbance permit from the board of commissioners to have the cemetery or burial site moved in order to develop the property.  This legislation would also require a burial disturbance permit for property owners to allow livestock to graze on the portion of the property containing a cemetery or burial site.

This legislation changes the type of ante litem notice (i.e., a notice that someone intends to sue the city) that is required to be provided to a city before it can be sued.

This legislation specifies when certain information is provided by an individual who qualifies to run as sheriff.  It also removes the requirement that the candidate provide a copy of their birth certificate or the high school diploma.

This legislation provides for changes relating to the Georgia Government Transparency and Campaign Finance Commission (formerly known as the Ethics Commission) as well as the definition of a lobbyist and expenditures.

 

A more detailed summary can be found here.