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 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.

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.  

This legislation clarifyies that if a city of county has a medallion system or “certificate of public necessity and convenience” in place, it is against the law for anyone to operate a taxicab without a medallion. Additonally, taxicab drivers would be required to display within full view of passengers an idientification card that included the name and photo of the operator and the name of company for whom the operator is driving.

This bill also includes the prohibition of the governing authority of any county or city airport from imposing any age limit on vehicles for hire doing business at such airport that is less than eight years measured from the vehicle's year of manufacture, for any vehicle used as a ride share, taxicab, or limousine. Lastly, the bill defines "soft taximeters" and states that that no local government shall have the authority to reject or prohibit the use of soft taximeters.

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.    

This legislation requires written policies for emergency pursuits to include a requirement that a vehicle pursuit may only occur if probable cause exists to believe that the person committed or is committing murder, aggravated battery, kidnapping, false imprisonment, hijacking, interference with custody, trafficking for labor or sexual servitude, rape, armed robery, or any offnese that creates an immediate threat of death or serious bodily injury.  The policy must also require that the driver of the emergency pursuit vehicle comply with the requirements of O.C.G.A. § 40-6-6:  driving through a red light or stop sign only after slowing down as necessary for safe operation, exceeding the speed limit only if it does not endanger life or property, and using the blue lights and siren.

This legislation authorizes EMCs to provide broadband service, VoIP, wireless services and other emerging communications technologies within their service areas and a 5-mile radius thereof.  EMCs would be allowed to accept state, federal and private grants loans to fund this endeavor, but cannot cross-subsidize their broadband services from their electric or natural gas funds. To do this, EMCs must provide nondiscriminatory, competitively neutral and commercially reasonable terms, conditions and access to their utility poles for other communications service providers.      

This latest state preemption legislation, mirrored in HB 948, 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 preempt local ordinances prohibiting a certain 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 this bill 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.   

Please note that ACCG takes no position on the operation of certain pet store chains; however, ACCG opposes taking away a community's ability to regulate the broad swath of goods, products and items covered by the above three agencies.    

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.