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 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.

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.

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.

This bill makes several changes to the regulation of motor carriers, including limiting the ability of counties and cities to perform regulatory compliance inspections except as authorized by the state. It further alters a number of definitions. Please let ACCG know if you have any issues with this bill.

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

This GDOT bill previously required counties to remove asbestos pipes in the state right-of-way. The bill was amended to now only require the county to notify GDOT when abandoning asbestos pipe and to retain ownership, similar to the abandonment of a county road. 

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 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 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 232 addresses unintended consequences from the ethics reform law which took effect January 10, 2011. First, local officials may now file Campaign Contribution Disclosure Reports and Personal Financial Disclosure Reports with the state either electronically or via paper. It removes the requirement that local officials submit a current email address to the state. The Campaign Finance Commission (formerly the State Ethics Commission) must notify local officials via mail rather than electronically about "the filing of a complaint; a technical defect in a filing; a failure to make a timely filing; or a late fee or other penalty." HB 232 removes the requirement that every county staff person that speaks with a legislator must register as a lobbyist. Now, county staff must register as lobbyists only if they spend more than 10% of their time lobbying or spend more than $1,000 to influence a public officer.

Under current law, tax commissioners and their employees are members of the state retirement system.  Nothing in HB 236 affects the retirement benefits of current tax commissioners or their employees.  Nor does it require counties to pay any of the employer contributions for the current tax commissiners or employees. Going forward, however, HB 236 provides that tax commissioners who first take office and any of their employees that are first hired after July 1, 2012, will not become participants in the state retirement system unless, however, the board of commissioners adopts a resolution to inlcude them in the state system.  Where the commissioners elect to include them in the state system, the county would have to make the employer contributions to fund those benefits.  In addition, the county will have to collect the employee contributions from the participants and remit the employee contributions and the employer contributions to the state retirement system.

HB 262 increases the fee from 3% to 4% of the base salary that individuals must pay to qualify to run for the office of probate judges, magistrate judges and state court judges. The additional 1% would be transferred to the Secretary of State's office to fund the Judicial Qualifying Commission.

This bill was amended in committee to prohibit driver clinics from being taught by any entity except the private sector.  Language was added at the request of GMA and ACCG to exempt from that prohibition any courses offered for insurance premium reduction purposes.

HB 270 requires that elections for sheriff, district attorney and solicitor be by nonpartisan election. It also allows the General Assembly to enact local legislation to allow any other county elected office - including county commissioner - to be nonpartisan.

This bill changes the date of the 2012 General Primary to July 31, 2012, which will be the date of the regional transportation sales tax referenda.  The Secretary of State's office explains the date is being changed to accommodate the logistics of military and overseas voting.

This bill adds another requirement to the 100% method of annexation. Cities would be required to prepare a plan for extending services and improvements to the area proposed for annexation. If the city fails to provide these services after two years, then the property owners could deannex the property. The county's consent for the deannexation would be required.

This bill would require anyone who spends money on any type of advertisement advocating for the election or defeat of a candidate must clearly identify the person, candidate or campaign committee paying for the ad.  No ad may use the name or "any colorable imitation" of the name of a person or organization in such an ad without the authorization of the person or organization.  A violation of this law would be a misdemeanor.

This bill was amended in committee to create a new method of annexation that allows any newly created municipality to annex "unincorporated peninsulas" for a period of five years. Cities are permitted to annex "unincorporated peninsulas" defined as being less than 15 square miles in area and more than 75 percent surrounded by city territory, counties other than where the city is located, or both. Although the annexation must be approved by the voters of the area proposed to be annexed, this new method of annexation does not require any sort of plan or report on how the city will extend services to the area proposed to be annexed. Additionally, this new method does not require any notice to the county nor does it allow the county to object even if there are land use, service delivery or infrastructure conflicts.

HB 672 would require any legislation introduced to create a new city be introduced in the first year of the two-year legislative calendar. Such bills could not be considered for passage until the second year. The intent is to allow time for the proponents of a new city to properly evaluate its fiscal viability before the General Assembly votes on the proposal.

HB 683 allows the county and other employers to designate someone other than an attorney to file an answer to a garnishment filed against an employee. This bill was introduced in response to a recent court decision that said that using non-lawyers to file an answer constitutes the illegal practice of law. The bill would also allow the designated person to pay into the court the funds required by the garnishment. HB 683 was signed by the Governor and became effective February 7, 2012.

This bill would prevent homeowners' association from prohibiting solar energy devices from being mounted on homes except under limited circumstances such as when such a device would be in conflict with county or city historic preservation ordinances.