Code Enforcement (24)

Date of Last Recorded Action: 5/8/2018

HB 0001 NeutralSpace Flight: Activities, Definitions & Liability Jason Spencer
7/1/2017 Effective Date Judiciary Science and Technology
2017/03/17 - Report Code Enforcement General County Government Kathleen Bowen Land Use/Zoning
This legislation was introduced for Camden County who has an interest in creating a spaceport; however, the bill applies statewide by allowing the commercial space industry to operate in Georgia. More information on the Spaceport Camden project can be found here.
HB 0149 NeutralRequirement for Counties to Use Only GBI Approved Trauma Scene Cleanup Services and Consolidation of Fire Services Alan Powell
3/29/2018 Senate - Senate Disagreed House Amend or Sub Public Safety and Homeland Security Public Safety
2017/03/06 - Report 2018/03/16 Report 2018/03/23 Report Business and Occupation Tax Code Enforcement
Coroners/Medical Examiners Debra Nesbit Emergency Management/Preparedness EMS/Ambulance Fire Services
Forfeitures, Fees, and Fine Add Ons Georgia Bureau of Investigation Health and Human Services Law Enforcement Nat. Res. & the Environment
Public Safety and Courts Sheriff Solid Waste
This legislation preempts county and city governments from requiring licenses or permits for trauma scene waste management practitioners or regulated waste transporters.  When hiring a company to cleanup or remove trauma scene waste, counties and cities must hire a company approved by the Georgia Bureau of Investigation.  This bill was amended to include S.B. 319 which provides for the Consolidation of all Fire Services into a separate state agency.
HB 0381 SupportAbandoned Mobile Homes - Method for Removal John Corbett
5/1/2019 Effective Date Judiciary Judiciary
2017/02/17-Report 2018/02/09 Report 2018/02/16 Report 2018/03/16 Report 2018/03/23 Report
Code Enforcement General County Government Magistrate Court Progressing Legislation Property Tax
Public Safety and Courts Revenue & Finance Tags/Titles Tax Commissioner Todd Edwards
This legislation establishes a process whereby private property owners can have abandoned mobile homes removed from their land.  Local governments may elect to provide a qualified "local agent" to make a determination, at the request of a property owner, whether a mobile home is abandoned, derelict or intact.  If deemed abandoned, the local government posts a notice, then the property owner notifies the last known mobile home owner (or posts a legal notice if no responsible party can be ascertained), which begins a process whereby the property owner can pay for the removal of the mobile home.  A hearing procedure is provided in magistrate court for aggrieved mobile home owners in this process.  Neither the local government nor the local agent shall bear any liability with respect to any lawful actions taken under this law.  Action: counties wishing to participate must first appoint a qualified local agent.    
HB 0408 OpposeSales and Use Tax - Exempt Transportation Referral Services Sam Teasley
2/21/2017 House Second Readers Ways & Means -
2017/02/17-Report Business and Occupation Tax Code Enforcement Econ. Dev. & Transportation General County Government
Larry Ramsey Public Safety and Courts Revenue & Finance Sales Tax-Local
This bill makes significant changes to the existing, temporary state and local sales and use tax exemption for fares of for-hire vehicles: 1) the sunset is removed and the exemption is made permanent; 2) it is expanded from taxi, limousine, and ride share to also include transportation referral services and providers; 3) it specifically includes MARTA in the list of local sales and use taxes to which the exemption applies.
HB 0430 NeutralGovernor's Education Reform Commission - Charter Schools Buzz Brockway
7/1/2017 Effective Date Education Education and Youth
Business and Occupation Tax Code Enforcement Fire Services General County Government Land Use/Zoning
Todd Edwards
This legislation sets statewide standards and authorization processes for charter schools by local school boards and the State Charter Schools Commission.  While an earlier version removed charter schools from local zoning and land use ordinances, the bill was amended in Senate committee to require that "the location of a charter school shall be in conformity with existing county or city comprehensive land use plans, if applicable, or existing land use patterns in the area."    
HB 0481 NeutralDrone Ordinances Kevin Tanner
7/1/2017 Effective Date Transportation Transportation
2017/03/06 - Report 2017/03/24 - Report Code Enforcement Econ. Dev. & Transportation General County Government
Kathleen Bowen Land Use/Zoning Preemption Public Safety and Courts

This legislation preempts local governments from adopting ordinances regulating the use of drones except for ordinances adopted before April 1, 2017, ordinances that enforce Federal Aviation Administration restrictions or ordinances prohibiting the launch, recovery or intentional landing of drones on county property.

HB 0529 EvaluatingAnimal Welfare - Illegal to Transport Critters in Back of Truck Karla Drenner
3/6/2017 House Second Readers Agriculture & Consumer Affairs -
Agriculture Animal Control Code Enforcement Criminal Procedure Farm
Forfeitures, Fees, and Fine Add Ons General County Government Law Enforcement Preemption Public Safety and Courts
Todd Edwards Traffic Enforcement
This legislation prohibits carrying live animals in the backs of trucks on Interstates.  Certain farm-related purposes/animals are exempted.  The bill also preempts county and city ordinances, as well as caps fines associated with, the transportation of live animals in the back of vehicles on the interstate.
HB 0533 OpposeLocal Right of Way - Preempt and Authorize Unlimited, Unfettered Access for Wireless Structures Brett Harrell
3/6/2017 House Second Readers Energy, Utilities & Telecommunications -
Business and Occupation Tax Code Enforcement Econ. Dev. & Transportation Economic Development Forfeitures, Fees, and Fine Add Ons
General County Government Land Use/Zoning Preemption Roads Todd Edwards
Transportation Utilities

This complex and lengthy bill provides as close to unfettered access to county and municipal rights of way (ROW) as possible for wireless providers to construct unlimited wireless support structures/poles (50' high, or 10' taller than any existing pole within 500'), antennas (up to 6 cubic feet), equipment boxes (up to 28 cubic feet) and other infrastructure in order to roll out 5G service in metropolitan areas.  The bill limits or preempts a broad range of county decisions regarding: wireless structures within and outside public ROW, collocation of small wireless facilities, zoning reviews for cell towers and wireless support structures, modifications to wireless facilities outside public ROW, location of wireless facilities on local government owned utility poles, and county jurisdiction over small wireless facilities on private property. For example, HB 535 would bar local governments from subjecting certain wireless facilities to zoning review and approval, limit fees that counties and cities could impose for permitting, regulating and managing access to public ROW by wireless companies, and impose unrealistic shot clocks for counties to make decisions regarding various wireless facilities; otherwise the applications are "deemed approved". In addition, the bill would prohibit counties from requiring that wireless providers indemnify and hold the county harmless against claims arising from negligent acts of the provider and does not provide that these structures be removed or relocated, at provider expense, for road widening, maintenance or emergency situations. Lastly, counties can only deny a permit for this infrastructure if it violates stipulations in the bill... which are slim to none.  

  

HB 0748 EvaluatingCommunity Association Transparency and Protection Act William Boddie
2/5/2018 House - House Withdrawn, Recommitted Judiciary -
2018/02/02 Report Code Enforcement General County Government Nat. Res. & the Environment Todd Edwards
This legislation, mirroring SB 374, significantly revises state law on residential property associations (condominium, cooperative and homeowners') and the responsibilities of both developers and residents.  Among provisions, the bill stipulates turnover and transition requirements; requires developers to establish a two-year operating budget prior to turnover/transition which includes reserve accounts for capital expenditures and deferred maintenance; requires developers to post performance and maintenance bonds; and spells out civil penalties for violations of the Act.  For the proponents' summary of the bill, please click here.        
HB 0876 NeutralBuilding Codes - Locals Cannot Prohibit Wood Construction John Corbett
7/1/2018 Effective Date Agriculture and Consumer Affairs Agriculture and Consumer Affairs
2018/02/09 Report 2018/02/16 Report 2018/02/23 Report 2018/03/23 Report Code Enforcement
Fire Services General County Government Preemption Public Safety and Courts Todd Edwards
This legislation preempts local governments from prohibiting the use of wood as a construction material so long as such use conforms to all applicable state minimum standard codes and the Georgia State Fire Code.  Several cities, concerned with fire safety, have enacted such ordinances.       
HB 0948 OpposeNo Local Restriction on any Sale of Goods Regulated by Federal or State Agencies Rick Jasperse
2/21/2018 House - House Committee Favorably Reported Agriculture and Consumer Affairs -
2018/02/23 Report Code Enforcement General County Government Health and Human Services Law Enforcement
Nat. Res. & the Environment Preemption Public Safety and Courts Todd Edwards

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.    

 

SB 0053 NeutralRequire Adult Diapering Stations in Public Meeting Facilities Valencia Seay
1/25/2017 Senate - Senate Read and Referred -Health and Human Services
Code Enforcement Fire Services General County Government Health and Human Services Mandate
Public Safety and Courts Todd Edwards
This legislation requires auditoriums, convention center, cultural complexes, exhibition halls, permanent amusement parks, sports arenas and theaters to install adult changing stations (i.e., a wall mounted, ergonomic, powered table for the diapering of adults) in enclosed restrooms for handicapped, special needs or families.
SB 0141 SupportRequire Engineering Evaluation for All Carnival Ride Permits Bruce Thompson
7/1/2017 Effective Date Regulated Industries Regulated Industries and Utilities
2017/02/10 - Report 2017/03/10 - Report 2017/03/17 - Report Code Enforcement Fire Services
General County Government Kathleen Bowen Public Safety and Courts
This legislation requires the operators the first time they apply for a permit in Georgia to provide an engineering evaluation of carnival rides to the State Fire Marshal prior to the issuance of a permit. 
SB 0233 NeutralReligious Freedom 2017 Marty Harbin
2/22/2017 Senate Read and Referred -Rules
2017/02/24 - Report Code Enforcement Correctional Institutions/Jail General County Government Land Use/Zoning
Law Enforcement Personnel/Employment Public Safety and Courts Todd Edwards

This legislation applies the Federal Religious Restoration Act to the State of Georgia and counties.  The Federal Religious Restoration Act prohibits the government from substantially burdening a person's exercise of religious unless it is in furtherance of a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest.  

 

SB 0319 NeutralCreation of the Department of Fire Safety John Albers
3/29/2018 Senate - Senate Disagreed House Amend or Sub Public Safety and Homeland Security Public Safety
2018/01/12 Report 2018/02/23 Report 2018/03/23 Report Code Enforcement Debra Nesbit
Fire Services General County Government Public Safety and Courts
This legislation provides for the creation of the Department of Fire Safety and transfers the State Fire Marshall's Office, the Firefighter's Standards and Training Council and all other activities related to fire service to the newly created department.
SB 0374 EvaluatingCommunity Association Transparency and Protection Act Donzella James
1/31/2018 Senate - Senate Read and Referred -Judiciary
Clerk of Court Code Enforcement General County Government Land Use/Zoning Nat. Res. & the Environment
Open Records/Meetings Act Public Safety and Courts Public Works Todd Edwards Water Quality
This legislation, mirroring HB 748, significantly revises state law on residential property associations (condominium, cooperative and homeowners') and the responsibilities of both developers and residents.  Among provisions, the bill stipulates turnover and transition requirements; requires developers to establish a two-year operating budget prior to turnover/transition which includes reserve accounts for capital expenditures and deferred maintenance; requires developers to post performance and maintenance bonds; and spells out civil penalties for violations of the Act.  For the proponents' summary of the bill, please click here:   
SB 0404 NeutralWater Service Fees For Fire Sprinkler Systems Matt Brass
5/3/2018 Act 400 Governmental Affairs Natural Resources and the Environment
2018/02/09 Report 2018/02/23 Report 2018/03/09 Report 2018/03/16 Report 2018/03/2 Report
Code Enforcement Fire Services Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services
Kathleen Bowen Nat. Res. & the Environment Public Safety and Courts Revenue & Finance Utilities
This legislation states that no county, municipal, or other public water system shall charge or assess a separate fee for water service for fire sprinkler protection systems for more than the cost to provide such service.   
SB 0414 NeutralCharitable Collection Receptacles Lindsey Tippins
3/5/2018 House - House Second Readers Governmental Affairs State and Local Governmental Operations
2018/02/16 Report 2018/02/23 Report 2018/03/2 Report Code Enforcement General County Government
Health and Human Services Kathleen Bowen Nat. Res. & the Environment Solid Waste Superior Court
This legislation allows local governing authorities to issue written notices for the failure to clean and maintain charitable collection receptacles. In addition, the local government could file a lawsuit in Superior Court for an order to remove a collection receptacle if the owner of the receptacle does not comply with violation notices on at least three occasions in one calendar year.
SB 0425 NeutralLand Surveyors - Define Practice Steve Gooch
5/7/2018 Act 417 Regulated Industries Regulated Industries and Utilities
2018/03/16 Report Code Enforcement Econ. Dev. & Transportation General County Government Health and Human Services
Land Use/Zoning Law Enforcement Nat. Res. & the Environment Procurement Public Safety and Courts
Public Works Roads Stormwater Todd Edwards Utilities
Water Quality Water Quantity
This legislation removes the requirement that land surveyors receive at least five hours of course study in hydrology. The bill raises the required semester hours of course study, or the equivalent, in surveying subjects approved by the board from 15 to 18 hours. Moreover, HB 833 grandfathers in those who have already received credit in hydrology coursework so that they may sit for the board approved examination for licensure. In addition, HB 833 adds surveyors to the list of professionals subject to a misdemeanor for practicing as a licensed surveyor if that person has not completed the licensing requirements.
SB 0426 SupportBroadband - EMCs and Rural Telephone Cooperatives Authorized to Provide Steve Gooch
3/29/2018 House - House Passed/Adopted By Substitute Energy, Utilities and Telecommunications Regulated Industries and Utilities
2018/02/16 Report 2018/02/23 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report
Broadband Code Enforcement Econ. Dev. & Transportation Economic Development Franchise Fees
General County Government Land Use/Zoning Preemption Revenue & Finance Roads
Telecommunications Todd Edwards Transportation Utilities

Originally, this was the wireless industry's attempt to preempt local management of the public's right of way.  The bill was changed in House Rules Committee to allow EMCs and rural telephone cooperatives to provide broadband service to rural areas under certain conditions.     

 

 

SB 0428 NegotiatingStatewide Regulations for the Practice of Booting Vehicles Matt Brass
2/15/2018 Senate - Senate Read and Referred -Transportation
2018/02/16 Report Code Enforcement Econ. Dev. & Transportation Kathleen Bowen Law Enforcement
Public Safety and Courts Roads Sheriff Traffic Enforcement
This legislation (similar to HB 774) defines and sets statewide standards for vehicle immobilization devices and services - commonly known as "booting". In addition, this bill allows a county or city to pass an ordinance stricter than the provisions set out by this bill; however, of concern is that the language does not clearly state that a local government can ban the practice of booting vehicles. 
SB 0452 EvaluatingMandate for Law Enforcement to Notify Federal Authorities upon Arrest of Illegal Alien Jesse Stone
3/27/2018 House - House Postponed Public Safety and Homeland Security Judiciary
2018/03/23 Report Animal Control Code Enforcement Criminal Procedure Debra Nesbit
General County Government Immigration Magistrate Court Probate Court Public Safety and Courts
State Court Superior Court
This legislation requires that local law enforcement notify US Immigration and Customs Enforcement 72 hours prior to the release of any illegal immigrant from custody.
SB 0469 OpposeZoning - Preempt Local Practices Matt Brass
2/21/2018 Senate - Senate Read and Referred -State and Local Governmental Operations
2018/02/23 Report Code Enforcement General County Government Land Use/Zoning Preemption
Todd Edwards
This legislation preempts local governments from enacting any zoning ordinances regulating "building design elements" which include such factors as exterior building colors, style or materials of roofs or porches, location or styling of windows or doors, interior layout of rooms, etc., so long as these elements meet minimum standard codes.  Exceptions are made for historic landmarks/districts.  It further goes to redefine and restrict zoning powers, perhaps in violation of the Georgia Constitution.           
SR 1170 NeutralStudy Committee - Are Local Fees Going Toward Intended Purposes? Jack Hill
3/29/2018 Senate - Senate Read and Adopted --
911 Alcohol/Tobacco Animal Control Broadband Business and Occupation Tax
Code Enforcement Econ. Dev. & Transportation EMS/Ambulance Fire Services Fireworks
Forfeitures, Fees, and Fine Add Ons Franchise Fees General County Government Health and Human Services Impact Fees
Land Use/Zoning Nat. Res. & the Environment Open Records/Meetings Act Probate Court Public Safety and Courts
Revenue & Finance Roads Sewer/Septage Sheriff Solid Waste
State Court Superior Court Tax Commissioner Todd Edwards Traffic Enforcement
Water Quality
Following much discussion over the past several years regarding the redirection of state-collected fees from their intended purposes, this Senate study committee (consisting of 5 senators) will examine whether or not local government fees are fairly and equitably imposed and whether the monies collected from them are being appropriately used and directed for the purpose(s) for which they are intended.  Examples of fees cited by this resolution include: storm water management fees, fire service fees, and traffic add-on fees.            
Green background on status indicates a bill has been acted on the last recorded legislative day.








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