This preemption legislation establishes additional requirements on individuals (other than ex officio or nonvoting members) appointed to county or city boards, commissions or authorities that establish policy, spend public funds, levy taxes or impose or collect fees or charges.  In order to be eligible for such an appointment, the individual must be a U.S. citizen or national, a lawful permanent resident or an alien having lawful status in the U.S.  The individual must also be a legal resident of Georgia, unless he or she resides in another state but owns an interest in business in Georgia or is employed in Georgia.  These qualifications do not apply to active duty members of the armed forces or an immediate family member of an active duty member of the armed forces.  The body making the appointment (i.e., the board of commissioners) is responsible for determining whether an individual meets these qualifications.

 This bill provides for a 'property tax recovery fee' on the rental of construction, industrial, maritime, or mining equipment that is rented without a driver or operator. While the definition in subsection (a) and the internal references are all to a 'fee', subsection (f) states that this charge is a tax.

The 'fee' is in the amount of 1.5% of the total rental charge (minus some exclusions) and applies to lease agreements which are either: 1) 365 days or less; or 2) for an open or unspecified period of time. The 'fee' is purportedly to pay the lessor's (rental company's) property tax liability on rental equipment. However, if the lessor collects more than the amount of that property tax liability, the excess amount plus any interest, goes to the state and not to local government. The 'fee' commences January 1, 2018, and ceases December 31, 2022.