January 12, 2024
Volume 15, Issue 1
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2024 Legislative Session Commences |
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This Monday, January 8, marked the commencement of the 2024 legislative session. Focused on crafting policy to enhance the state of Georgia, the General Assembly has already made significant developments that are of importance to counties. From property tax reform legislation to Governor Kemp's State of the State Address, this session has started on an impactful note.
Delivered on Thursday, January 11, Governor Kemp's State of the State Address set the tone for this year's session. His address touted job growth; additional funding for mental health services, an ACCG priority; income tax relief; and pay increases for all state employees including teachers. He also released his AFY 2024 budget and the FY 2025 budget proposals.
A replay of the 2024 State of the State can be viewed here.
Click here to read the full transcript of the Governor's address.
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Budget Highlights of Interest to Counties |
Here are a few budget highlights of interest to counties included in the Governor’s budget proposals. A comprehensive summary of the AFY 2024 budget and the FY 2025 budget proposals will be available in next week's Legislative Update.
Georgia Department of Transportation
- $200 million in additional funding for the Local Maintenance and Improvement Grant (LMIG).
Georgia Environmental Finance Authority
- $250 million in funding to help local governments address water infrastructure needs.
Department of Behavioral Health and Developmental Disabilities
- $205 million increase for additional crisis intervention resources including beds, behavioral health facilities and a new mental health court.
Superior Court Judges
- Approximately $19 million to restructure the way Superior Court judges are compensated.
State Employee Salary Increase
- 4% Cost-of-Living Adjustment (COLA) for state employees. This proposed increase would apply to county constitutional officers, magistrate judges, county commissioners, and most coroners.
More details on the Governor's proposed budget can be found below.
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Click on "This Week's Bills" to review the bills included in this week's Legislative Update. |
Access the Legislative Tracking Database for a compilation of all bills ACCG is following. |
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Governor Kemp's Budget Recommendations |
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Additional Dollars for Local Maintenance and Improvement Grant
Gov. Kemp announced in his 2024 proposed budget an additional $200 million investment to the Local Maintenance and Improvement Grant, also known as LMIG, effectively doubling the available funds to local governments to $418 million for FY2024. This one-time appropriation will provide additional support to local transportation infrastructure projects. The LMIG program, administered via formula by the Georgia Department of Transportation (GDOT), annually allocates funds to local governments for improvements to their roadway network.
ACCG played a significant role in advocating for the inclusion of this supplement to the proposed budget. If the proposed budget is adopted, this one-time appropriation will assist local governments in addressing their transportation needs including local road and bridge projects, maintenance, and operations. ACCG offers its sincere appreciation to Gov. Kemp for the additional LMIG funding.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
Additional Funding to Water and Sewer Projects
Another proposed budget item is an additional $250 million to the Georgia Environmental Finance Authority (GEFA) to support water, wastewater infrastructure, solid waste, energy, and land conservation projects across the state. If the proposed budget is adopted, this one-time appropriation will assist local governments in addressing their local water infrastructure needs.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
Commitment to Mental Health
To further the mental health resources available in Georgia communities, Gov. Kemp allotted for a $205 million increase to the state budget for the Department of Behavioral Health and Developmental Disabilities (DBHDD) and other entities. These funds, in part, will be used to annualize the operations of behavioral health crisis centers in Fulton County, Dublin, and Augusta-Richmond County. The funds will also be used to establish a behavioral health crisis center that will serve DBHDD’s Region 1 in North Georgia.
Gov. Kemp also appropriated funds to establish a new mental health court. If his proposed budget is adopted, the state of Georgia will now be spending $1.6 billion on mental health, which is more than ever.
Judiciary Salary Restructuring Plan Introduced
Approximately $19 million dollars to restructuring the way Superior Court judges are compensated has been allocated in the proposed budget. With Superior Court judges being state employees, this proposal would set a salary schedule for Superior Court Judges paid by the state and limit local supplements to no more than 10%. Currently, judges’ salaries are paid partially through the state and the other portion through local supplements from counties. This new proposal would limit the supplement amount that any county can provide to 10% of a judge’s total salary.
ACCG is currently evaluating the effects of this proposal since several county officials’ salaries across the state are linked to their Superior Court judges. To address concerns of these linked salaries, this proposal has delayed its implementation for one year. ACCG will continue to update counties on the progress of this proposal.
Additional State Pay Increases
Under the Governor’s Proposed AFY2024 budget, all state employees would receive an additional $1,000 pay supplement. For the FY2025 budget, all state employees would receive a 4% Cost-of-Living Adjustment (COLA). Also, under the FY2025 budget, state law enforcement officers would receive a $3,000 raise, in addition to the $6,000 increases approved last year. If passed, the 4% COLA for FY 2025 would also apply to salaries for constitutional officers, magistrate judges, county commissioners, and most coroners.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
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Counties that Own, Operate, or Maintain Traffic Control Devices/Management Systems Must be Members of Georgia 811
Effective January 1, 2024, counties that own, operate, or maintain traffic control devices and traffic management systems are required to be members of Georgia 811 and begin locating these devices and management systems when other utilities excavate within the public’s right-of-way. Depending on their contracts/agreements with the Georgia Department of Transportation, counties may also be responsible for locating traffic control devices and management systems on state roads within their jurisdiction.
Click here for important information on this new requirement.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
Reminder: Local Governments are Now Required to Remove Property Records of Law Enforcement Officers Upon Request
Passed during the 2023 legislative session, Senate Bill 215 requires local governments, upon the request of a law enforcement officer - sheriff, deputy sheriff, police officer, policeman, peace officer, member of the Department of Public Safety, or other officer/official who enforces criminal laws of the federal state or local governments - to remove the residential address and/or phone number of the officer or their family from all property records that are publicly available online. By January 1, 2024, local governments must have created a form, and post it online, for these officials to make this request.
Please click here for a draft form for your county’s consideration.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
Expanded Taxation of Digital Goods Takes Effect
The digital goods language from Senate Bill 56, legislation passed in 2023, went into effect on January 1, 2024. This means that digital goods permanently retained by the purchaser are now taxable. Examples include the online purchase and download of books, movies, or video games. This language is estimated to generate around $100 million per year in local sales tax revenue.
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New Cities: Legislation Introduced to Significantly Revise How Cities are Created in Georgia
House Bill 813, by Rep. Victor Anderson, significantly revises how new cities are created in Georgia. This bill places requirements that are now only found in the House Governmental Affairs Committee's rules into state statute to provide more certainty and predictability in the cityhood process. Among its provisions, HB 813:
- Requires the creation of a “Cityhood Initiative Committee” to lead the new city effort, subjecting this group to Georgia's open meetings, open records, lobbying and finance disclosure laws.
- Prohibits “limited-service municipalities” (or city lites) from being formed.
- Prohibits unincorporated islands from being formed.
- Requires a petition before new city legislation is introduced.
- Requires, then expands, a new city's Feasibility Study to take into account service delivery issues.
- Requires that new cities must be voted on in a referendum.
- Addresses unfunded pension obligations, among other things.
A summary of the bill can be found here.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
Senate Bill 331 – Recovery Housing and Local Government Zoning
Senate Bill 331 defines and sets out certification requirements and conditions for “recovery residences” in Georgia. The bill then requires counties to:
- Treat a recovery residence as a residential use of property which shall have all rights and responsibilities accorded to a residential use property.
- Not subject the recovery residence to any restrictions, prohibitions, or other provisions, including provisions related to building or fire codes, that are not also applicable to residential uses in similar types of structures.
- Allow recovery residences when the number of tenants does not exceed the number of unrelated people allowed by the county's laws.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
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ACCG 2023 Policy Agenda Item Passes Senate Committee
House Bill 290 provides for a uniform three-party contract between the county, city, and tax commissioner for the collection of city taxes and limits the compensation paid by all cities in the county to the tax commissioner to 50% of the tax commissioner’s minimum annual base salary. During the Senate Finance meeting held on January 10, 2024, the bill passed the Committee in the same form it had during the 2023 session. HB 290 was an ACCG 2023 Policy Agenda item and ACCG remains supportive of this measure.
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Senate Omnibus Property Tax Reform Bill Introduced
The Senate introduced Senate Bill 349 this week, which is an omnibus property tax reform bill combining many different ideas. This bill would implement a statewide floating homestead exemption for all local governments and place a cap on value increases for homestead property at no more than 3% per year. It would also adjust the millage setting process so that there is only one advertisement and hearing required if the millage rate is not increased. It would also remove the tax estimate from the assessment notice, restrict the three-year lock so that it does not apply if the value is not reduced on appeal, and close a loophole for settlement conferences by requiring the taxpayer to participate in good faith.
New Bill Seeks to Remove Local Government’s Authority on Vaccines
House Bill 897, introduced by Rep. Jordan Ridley, removes the authority of local governments and county boards of health to require people in their jurisdiction to receive vaccinations, even against contagious and infectious diseases. This bill has yet to be assigned to a House committee.
Legislation to Remove LOST as a Barrier to HOST Introduced
House Bill 862 was introduced by Rep. Mitchell Horner this week. This legislation repeals the prohibition against calling for a Homestead Option Sales Tax (HOST) referendum if a county is currently levying a Local Option Sales Tax (LOST). This would make it easier and quicker for a HOST to be established should a county wish to pursue implementation of one, since the existing LOST would not have to lapse first. ACCG is supportive of this measure.
Bill to Address Multipurpose Off-Highway Vehicle Issues Takes Form
During the 2023 legislative session, House Bill 121 passed and allowed for multipurpose off-highway vehicles (side-by-sides or Gators) to receive a tag and be driven on county roads. However, there has been some confusion about which vehicles qualify or should qualify. To provide clarification, Rep. Victor Anderson has introduced House Bill 912, which narrows the definition of multipurpose off-highway vehicles so it only applies to side-by-sides. This legislation also creates a new ad valorem personal property tax exemption for these side-by-sides, so the personal property tax they are subject to under existing law will no longer apply.
Governor Kemp States that Tort Reform is No Longer a 2024 Priority
Gov. Kemp stated a few months ago that his office would be pursuing Tort Reform legislation during the 2024 legislative session to curb frivolous lawsuits and limit large jury awards. However, at the Georgia Chamber of Commerce’s Eggs and Issues breakfast this week, Kemp stated that he would instead be taking a “first step” this year, introducing draft legislation to serve as a starting point for discussion. Tort Reform is one of ACCG’s 2024 Policy Agenda items.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
House Speaker Proposes to Increase Statewide Homestead Exemption
House Speaker Jon Burns announced a proposal this week to increase the statewide standard homestead exemption from $2,000 of assessed value to $4,000 of assessed value. This exemption applies to all homesteaded properties throughout the state and has not been changed in decades. Increasing the exemption by $2,000 of assessed value would provide an exemption on $5,000 of fair market value to all homesteads in Georgia.
Final Report of the Joint Legislative Study Committee on Service Delivery
The Joint Legislative Study Committee on Service Delivery Strategy (SDS) held its final meeting at the State Capitol on December 21. It has since issued its final report and recommendations, which were supported by ACCG’s Policy Council.
To view the SDS study committee’s report, please click here.
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Stay Connected and Engaged! |
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Please Remember to Update Your County Legislative Coordinator (CLC)
It is time for counties to review and update, if necessary, their ACCG County Legislative Coordinator (CLC). The CLC’s primary responsibilities are to relay pertinent information about current legislation to county commissioners and county management and to maintain an open line of communication with ACCG to ensure county-specific information is readily available for legislators. ACCG encourages all counties to participate in this network and designate a CLC prior to the legislative session. To confirm, update, or appoint your county’s CLC, please contact Tottianna Davis at tdavis@accg.org or 404-522-5022.
Click here to review your county's CLC from the 2023 session.
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Virtual Legislative Update Replay
Watch the replay of the Virtual Legislative Update here. As a reminder, join the ACCG Governmental Affairs team every Friday at 9:00 a.m. during the legislative session. This is a recurring event, so county officials can access the meeting each week through this link.
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Policy Communication Tools
Don't forget about the various communications tools that will help keep you informed and engaged. Click here to read all about them!
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News You Can Use - Articles Related to ACCG Policy Issues
Articles covering some of ACCG's major policy issues are found here. Click the hyperlinked title to begin reading.
The Center Square - January 11, 2024
The Atlanta Journal-Constitution - January 11, 2024
Capitol Beat - January 10, 2024
Georgia Recorder- January 10, 2024
Office of Georgia Governor Brian P. Kemp - January 8, 2024
Savannah Morning News - January 4, 2024
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Questions? Email the
ACCG Governmental Affairs team:
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ACCG is YOUR county association. We are here to advance all Georgia county governments. Please feel free to contact a member of the Governmental Affairs team if they can assist in any way. |
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