Below is a listing of filed bills, including their sponsor, location, and bill analysis. This represents legislation the Council is actively involved with or that remains of interest to Council Members.
House Bills
Sponsor: Rep. Harry Geisinger (R)
House Committee: Natural Resources and Environment
Status: Did not pass 2015; eligible for 2016 session
This bill removes the restriction in Georgia law for inter-basin water transfers from all rivers with an annual average flow of 15 billion gallons of water a day, if the county where the river flows agrees to the water withdrawal.
Council Position: Support
House Bill 14
: Acceptance of Federal Funds with General Assembly Approval
Sponsor: Rep. Scott Turner (R)
House Committee: Appropriations
Status: Did not pass 2015; eligible for 2016 session
This bill would prohibit any local government or agency or state agency, bureau, board or commission, public entity, department or office from accepting federal funds without the expressed approval of the General Assembly. This could be interpreted to include Community Improvement Districts.
Council Position: Oppose
Sponsor: Rep. John Carson (R)
House Committee: Transportation
Senate Committee: Transportation
Status:
Did not pass 2015; eligible for 2016 session
This bill removes the population threshold for a local government to form a transit authority, changes the definition of "metropolitan area" to include an unincorporated city and the area "suburban to such city," and requires a new transit authority in a municipality to enter into an intergovernmental agreement with an existing transit authority before its formation.
Council Position: Support
Sponsor: Rep. Roger Bruce (D)
House Committee: No Committee Assignment
Status: Did not pass 2015; eligible for 2016 session
This bill creates a charter for the proposed City of South Fulton, which would be subject to voter approval in a local election.
Council Position: Neutral
Sponsor: Rep. Tom Taylor (R)
House Committee: Judiciary Non-Civil
Status: Did not pass 2015; eligible for 2016 session
This bill makes it a misdemeanor to hinder or obstruct a code enforcement officer in the discharge of their duties.
Council Position: Oppose
Sponsor: Rep. Ed Setzler (R)
House Committee: Transportation
Status: Did not pass 2015; eligible for 2016 session
This bill would eliminate the "4th" penny on gas and shift it to the motor fuel tax, currently at 3%, while gradually raising the fuel excise tax from 7.5 cents to 22.5 cents by 2022 and a gradual decrease of the state's income tax rate to a flat 5.5% by 2022, down from the current rate of 6%.
Council Position: Support
Sponsor: Rep. Scot Turner (R)
House Committee: Governmental Affairs
Status: Did not pass 2015; eligible for 2016 session
This bill prohibits local agencies from entering into non-disclosure agreements. According to the bill, all agencies shall fully disclose without delay, any communications regarding any terms and conditions of any agreement, incentive or offer made or entered into by the agency, directing the Attorney General to sanction any individual, on behalf of an agency, who enters into a non-disclosure agreement in violation of this proposed law. Furthermore, it allows any citizen, in addition to the Attorney General, to initiate civil action to compel the disclosure of any matters covered in a non-disclosure.
Council Position: Oppose
Sponsor: Rep. Alex Atwood (R)
House Committee: Natural Resources
Status: Did not pass 2015; eligible for 2016 session
This bill would prohibit the use of water aquifers in 11 coastal counties. While this has a local impact as of now, the Council has concerns this could have state-wide implications.
Council Position: Oppose
Sponsor: Rep. Mike Jacobs (R)
House Committee: Transportation
Senate Committee: Transportation
Status: Combined with House Bill 213
This legislation restores voting privileges on the MARTA Board to the GDOT Commissioner until at least 2017. Further, the latest version of the bill caps fines at $300 for violations of MARTA's Code of Conduct.
Council Position: Support
Sponsor: Rep. Randy Nix (R)
House Committee: Ways & Means
Senate Committee: Finance
Status: Did not pass 2015; eligible for 2016 session
This legislation concerns conflicts that may emerge between cities and counties that do not reach an agreement on ESPLOST funding. Currently, a city may refuse to reach an agreement with a county. If this happens, the city can petition the county from getting its ESPLOST dollars. In this bill, unless there is an agreement between the county and city, money may be disbursed based on the FTE formula. This bill is still being worked on, and Rep. Nix is working with the Department of Revenue to work out some of the details.
Council Position: Neutral
Sponsor: Rep. John Carson (R)
House Committee: Ways & Means
Status: Did not pass 2015; eligible for 2016 session
Currently the bill:
*
Cuts the income tax burden on Georgia families by over $2.5 billion
*
Households making $29,500 or more will see an increase in take home pay
*
Households bringing in $48,000 (the median Georgia household income) will keep $400 extra annually
*
Reduces income tax rate to 4% over a period of three years (2016: 4.5%, 2017: 4.25%, 2018: 4.0%)
*
Keeps itemized deductions and personal tax exemptions
*
Raises general state sales tax by 1% on January 1, 2017, which will raise the current tax of 4% to 5%
*
Phases in a grocery state sales tax over a four year period (2016: 0%, 2017: 3%, 2018: 4%, 2019: 5%) with each 1% contributing $130 million to the state budget. Food stamp purchases will be exempt from the grocery tax.
*
Implements a flat communications service tax beginning on January 1, 2016: state telecom: 5%, state cable: 5%, state direct broadcast satellite (DBS): 7%, local telecom: 1.25%, school telecom: 0.75%, local cable: 2%
*
Increase the current cigarette excise tax over three years (2017: $0.45, 2018: $0.55, 2019: $0.65)
Council Position: Support
Sponsor: Rep. Roger Bruce (D)
House Committee: Governmental Affairs
Senate Committee: State and Local Governmental Operations
Status:
Did not pass 2015; eligible for 2016 session
This bill creates a charter for the proposed City of South Fulton, which would be subject to voter approval in a local election.
Council Position: Neutral
Sponsor: Rep. Brad Raffensperger (R)
House Committee: Intragovernmental Coordination
Senate Committee: State and Local Governmental Operations
Status: Did not pass 2015; eligible for 2016 session
This bill would allow voters to double Fulton County's basic property tax homestead exemption to $60,000. Aimed at putting money back in homeowners' pockets, this bill would a $353 property tax break for the owner of a $275,000 house, whereas the owner of a $150,000 house would pay no county general fund property taxes. If passed, residents would vote on the measure during the 2016 presidential primary.
Council Position: Neutral
Sponsor: Rep. Brad Raffensperger (R)
House Committee: Intragovernmental Coordination
Senate Committee: State and Local Governmental Operations
Status: Did not pass 2015; eligible for 2016 session
This bill would provide an additional $30,000 homestead exemption for senior citizens age 70 or older who have lived in their homes for more than 10 years. If passed, residents would vote on the measure during the 2016 presidential primary.
Council Position: Neutral
Sponsor: Rep. Mike Dudgeon (R)
House Committee: Government Affairs
Status: In Committee
This bill calls for the statewide referendum to amend the constitution allowing townships to have zoning powers. Townships could levy up to a .5 mill property tax, annex and transition to cityhood. Counties would have no say in the above decisions and counties must continue to provide all services and infrastructure to the area as they would any unincorporated area. Counties would have an opportunity to comment on township decisions, but there is nothing in law required that would give their comments the force of law.
Council Position: Neutral
Sponsor: Rep. Mike Dudgeon (R)
House Committee: Ways & Means
Status: In Committee
This is enabling legislation for HR864, the Constitutional Amendment to allow for education impact fees. The legislation allows school boards to impose impact fees if there has been enrollment growth by at least 15% over the preceding five-year period by adoption of a resolution and creation of an impact fee advisory committee, comments from local governments and adoption of an impact fee schedule. The fee shall be valid for three years and can be extended for additional three year periods as long as the system meets the conditions to levy.
Council Position: Oppose
House Bill 966: Stream Bufffers
Spsonsor: Rep. Johnnie Caldwell
House Committee: Natural Resources & Environment
Status: In Committee
This legislation requires that a stream buffer be measure from the ordinary high water mark, as opposed to the point of wrested vegetation. The ordinary high water mark is defined in the bill as the line of demarcation along state waters established by the water's fluctuation and indicated by a number of physical characteristics, including a clear natural line impressed on the bank, changes in character of soil and the presecnce of lietter and debris, among others. The Council was opposed to the legislation and the impact it would have on development, due to the lack of clarity with the legislation and the the lack of clarity in the proposal. A substitute was introduced that removed the high water mark language and instead would have established the top of the bank would be the measure.
Council Position: Oppose
Senate Bills
Sponsor: Senator William Ligon (R)
Senate Committee: Natural Resources and the Environment
House Committee: Natural Resources & Environment
Status: Did not pass 2015; eligible for 2016 session
This bill would prohibit the use of water aquifers in 11 coastal counties. While this has a local impact as of now, the Council has concerns this could have state-wide implications. Further, the latest version of the bill requires that the Board of Natural Resources adopt regulations that provide for the protection and preservation of only the Floridan aquifer, no longer including any aquifer that provides high-quality drinking water.
Council Position: Neutral
Sponsor: Senator Brandon Beach (R)
Senate Committee: Economic Development & Tourism
House Committee: Governmental Affairs
Status: Did not pass 2015; eligible for 2016 session
This bill is intended to rectify an internal inconsistency within the definition of "Project" in the Development Authorities Law (the "Law"). This definition in the current version of the Law contains both a lengthy listing of categories of allowable projects, as well as a broad discretionary provision, which was included as a subsequent addition to the law in order for this definition to mirror the comparable provision in the Downtown Development Authorities Law.
By deleting the older, specific, definitional provisions, while retaining the general discretionary provision already in the law, this bill would eliminate unnecessary confusion and debate, without seeking to change past practices or expand or reduce any development authority powers.
Council Position: Support
Sponsor: Senator Donzella James (D)
Senate Committee: State and Local Governmental Operations
Status: Did not pass 2015; eligible for 2016 session
This bill creates a charter for the proposed City of South Fulton, which would be subject to voter approval in a local election.
Council Position: Neutral
Sponsor: Senator Brandon Beach (R)
Senate Committee: Regulated Industries and Utilities
Status:
Did not pass 2015; eligible for 2016 session
This bill regulates procedures governing applications for zoning and permits for critical infrastructure projects. This addresses local governments and specifically states that "no local government shall provide for a moratorium with respect to any critical infrastructure projects." The latest version of the bill defines "critical infrastructure projects" as:
(A) Electrical power transmission lines;
(B) Electrical power substations;
(C) Water and sewage treatment facilities;
(D) Water reservoirs, water storage facilities, and sewer lines;
(E) Cellular telephone towers and emergency 9-1-1 system facilities;
(F) Natural gas transmission pipelines and power stations; or
(G) In-ground fiber optics systems.
Further, the latest version of the bill made some concessions, now allowing for moratoria of 90 days or less for items (C), (D), and (G) in the event a court or other applicable law declares such a moratoria invalid.
Council Position: Support
Sponsor: Senator Brandon Beach (R)
Senate Committee: Transportation
Status: Did not pass 2015; eligible for 2016 session
When property is acquired for public road purposes but later abandoned, the current law requires that private property owners sharing a common boundary must be notified. Under the proposed bill, however, if the acquired property is located within a subdivision with a duly formed property owner's association, notice of abandonment of the property may be provided to the property owner's association in lieu of notice to the individual owner.
Council Position: Support
Senate Bill 191:
Prohibiting Local Governing Authorities from Adopting Ordinances
Sponsor: Senator Lindsey Tippins (R)
Senate Committee: Transportation
House Committee: Energy, Utilities & Telecommunications
Status: Did not pass 2015; eligible for 2016 session
This bill prohibits local government authorities from adopting or enforcing ordinances which mandate marking requirements or standards which are different from those contained in state law or the rules and regulations of certain departments of this state. Instead of passing state marking requirements or standards for how to illustrate the presence of underground utility lines and allowing local governments to use the state standards or come up with their own, this bill requires local governments to comply with state standards.
The bill would amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the same Code Section amended in last year's "Call Before You Dig" bill relating to blasting or excavating near utility facilities.
To view a summary of the legislation by the Senate Research Office, Click
HERE.
Council Position: Support
Sponsor: Senator William Ligon (R)
Senate Committee: SLGO
Status: In Committee
This bill calls for the statewide referendum to amend the constitution allowing townships to have zoning powers. Townships could levy up to a .5 mill property tax, annex and transition to cityhood. Counties would have no say in the above decisions and counties must continue to provide all services and infrastructure to the area as they would any unincorporated area. Counties would have an opportunity to comment on township decisions, but there is nothing in law required that would give their comments the force of law.
Council Position: Oppose
Sponsor: Senator Rick Jeffares (R)
Senate Committee: Regulated Industries
Status: In Committee
This legislation
requires local governments to issue or deny
an application for a soil erosion and sedimentation permit within 14 days, instead of the current 45 day window and would have required Level 2 designers and permit reviers to be licensed in a field related to solil and erosion control.
Council Position: Neutral
Sponsor: Senator Steve Gooch
Senate Committee: Transportation
Status: Passed Senate on 2/26/2016
This legislation
authorizes the Department of Transportation to utilize an alternative method to the selection process by selecting the lowest priced proposal of a qualified professional service provider.
Council Position: Neutral
Sponsor: Senator John Albers (R)
Senate Committee: Finance
Status: Did not pass 2015; eligible for 2016 session
This bill creates a Study Committee to examine the current state tax exemptions and the impact on the Georgia economy, in order to understand the value and assess which exemptions help stimulate the state's economy and benefit all Georgians through job creation.
Council P
osition: Support
