February 2, 2024
Volume 15, Issue 4
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New Legislation Addressing ACCG Legislative Priority Introduced |
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Addressing a 2024 ACCG Legislative Priority, a new legislative effort has emerged in the Senate, targeting the removal of the unclear tax estimate from assessment notices. Spearheaded by Sen. Frank Ginn, Senate Bill 403 seeks to remove the tax estimate from the assessment notice without including additional provisions as part of an omnibus bill. Aligned with ACCG’s commitment to reducing taxpayer confusion, this legislative move aims to enhance clarity in assessment notices. As the session unfolds, ACCG will continue monitoring the progress of this bill.
Bill to Reduce Public Works Bid Threshold Advances
House Bill 1044, introduced by Rep. Victor Anderson, passed out of the House Governmental Affairs Committee this week. This legislation, a 2024 ACCG Policy Agenda item, increases the dollar amount - from $100,000 to $250,000 - by which counties and cities must bid out public works projects. This will save counties and vendors time and effort by not having to bid out small projects. Similar legislation was passed last year but was vetoed by the Governor.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
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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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Permitting Fee Bill Passes House Committee
House Bill 461, sponsored by Rep. Brad Thomas, passed the House Ways and Means Committee. This bill prohibits local governments from calculating building inspection fees based on a project’s cost. All other methods of calculating permitting fees remain in law. ACCG worked with the Georgia Municipal Association (GMA), the bill’s author, and other stakeholders to remove previous provisions that would have posed greater challenges for counties. As a result, ACCG has taken a neutral stance on the bill.
ACCG Deputy Director of Governmental Affairs Todd Edwards testified on HB 461.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
Bill Would Limit Local Ordinances on Bitcoin Mining Operations
House Bill 1043, by Rep. Scott Hilton, is a complex bill that provides many protections to the use and generation of virtual currency (i.e., blockchain, bitcoin and bitcoin mining operations). Notably for counties, this bill prohibits local governments from treating home or industrial bitcoin mining operations differently from other land uses in residential or industrial areas.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
Legislation Introduced to Expand CUVA Program
House Bill 1052 was introduced this week by Rep. Chas Cannon. This legislation expands the Conservation Use Property (CUVA) program so that properties leased to organizations owned by a natural or naturalized citizen for agriculture or timber production purposes will not be in breach of the covenant.
Bill to Encourage Home Ownership Carried by Governor’s Floor Leader
This week, legislation was introduced by Gov. Kemp’s Administration Floor Leaders to simplify the process of purchasing a manufactured home as real property. House Bill 1076, sponsored by Rep. Will Wade, allows manufactured homes (which are personal property unless a T-234: Certificate of Permanent Location is filed) to be considered real property if a mortgage loan is obtained by a person with the same ownership interest in both the home and land underneath. The homebuyer must submit an affidavit to the county tax commissioner and county tax assessor for this purpose.
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Legislation Takes Aim at Saving Costs on Local Sales Tax Referenda
Senate Bill 413, introduced by Sen. Randy Robertson, restricts local sales tax elections to just November in even-numbered years. This would be a change to once every two years instead of at least four times every two years. Although the legislation is intended to save county election costs by preventing standalone sales tax referenda, the introduced version is too restrictive and prevents county governments from freely making the best decisions for their communities. ACCG is working with the author on compromise language to the bill.
Speaker’s Bill to Increase State Homestead Exemption Passes Committee
The Speaker’s legislation to double the state homestead exemption from $2,000 to $4,000 of assessed value passed the Ways and Means Committee this week. Rep. Matt Reeves is carrying House Bill 1019, which represents the first increase in the state homestead exemption since 1978. Due to the complexity of local homestead exemptions, the effects of this change will vary among counties. The impact depends on whether local homestead exemptions are in addition to the state exemption, or in lieu of the state exemption. For more details on how this change will affect your county, please contact your local chief appraiser or tax commissioner.
Bill Dropped to Restructure Local Sales Tax Caps and Provide Flexibility
House Bill 1115, carried by Rep. Noel Williams, replaces the existing 2% cap on local sales taxes with a 3% cap, encompassing all local sales tax type except for ESPLOST (Education Special Purpose Local Option Sales Tax) and transportation taxes (TSPLOST and some Transit Sales Taxes); each county may have only one of the transportation taxes. The legislation also creates a new Flexible Penny Local Option Sales Tax (FLOST) which is subject to the 3%cap. It may be used for capital expenditures, property tax relief, or both. The new tax may be levied in fractional increments of .05% up to 1% for no more than five years. The details describing how the FLOST will be shared between the county and cities will be outlined in the local act of the General Assembly calling for the tax.
Legislation Introduced to Limit Harmful Three-Year Lock
This week, Rep. Darlene Taylor introduced House Bill 1120, which aims to mitigate the impact of the three-year lock statute on taxpayers and local governments. Under this bill, a residential property will only receive the three-year lock if the owner has a valid homestead on that property. The provision will prevent abuse of the loophole by hedge funds and investors- who file appeals to lock the values on all their properties, which shifts their tax burden to all other taxpayers in the community.
Community Development Districts Legislation Introduced in the Senate
Both Senate Resolution 533 and Senate Bill 435 were introduced in the Senate. SR 533 is a resolution proposing an amendment to the Constitution to authorize the creation and regulation of Community Development Districts (CDDs). SB 435, or the 'Infrastructure and Community Development Act', was introduced by Sen. Frank Ginn. This bill proposes to authorize the procedures for establishing CDDs, their operation, exercise of power, and termination. CDDs are public infrastructure financing tools that serve as an alternative method for managing and financing services for economic development projects.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
Short-Property Rentals Bill Introduced in the House
House Bill 1121, introduced by Rep. Bethany Ballard, aims to regulate short-term rental units while protecting property owners’ rights. The bill seeks to prohibit local governments from suspending or prohibiting the continued use of property as a short-term rental unit under specific circumstances if the property owner had previously advertised it for such use and met certain conditions. The grandfather clause applies if the local government entity has already approved the use of short-term rentals under a specific regulation, or if there was no existing regulation and all taxes were paid for at least 6 months within the 12-month period of the new effective date of the regulation.
The bill outlines that local governments may only suspend short-term rental use if the property violates local laws on at least three occasions or neglects to obtain essential permits or pay required fees. Additionally, the legislation outlines procedures for lodging complaints against short-term rental units, allowing individuals to submit complaints in writing and under sworn oath to the local governing body. Individuals impacted by local regulations have the right to pursue legal action against the governing body in Superior Court. ACCG is actively monitoring this legislation and will provide updates as it progresses.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
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Senate Bill Regulates the Usage of Fireworks and Water Lanterns |
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Senate Bill 417, sponsored by Senate Public Safety Committee Chairman John Albers, requires individuals, businesses, or entities seeking to conduct a public fireworks display to obtain a permit from the local fire authority of the county, municipality, or other political subdivision. The requirement also applies to licenses issued by the State Fire Safety Commissioner. The local fire authority will charge a minimum $10 processing fee for the permit, and the state-issued license will cost $500 per year, payable to the State Fire Safety Commissioner. Additionally, the bill prohibits the release of floating water lanterns with an open flame into any public waterway, lake, pond, stream, or river.
Bills Expand Technology Options for Law Enforcement Agencies
House Bill 447, introduced by Rep. Kenneth Vance, permits the use of “automated recognition technology” devices by law enforcement on marked law enforcement vehicles. These devices will help detect drivers without proper registration or motor vehicle insurance. No vote was taken on this bill. Senate Bill 415, which mirrors HB 447, was introduced this week by Sen. Randy Robertson. In both bills, the funds collected from civil monetary penalties would be directed to the local governing authority for spending on law enforcement purposes. This bill was tabled for further discussion by the Senate Public Safety Committee.
Bill Preempts Local Governments from Using Automated Speed Detection Devices in School Zones
House Bill 1126 prohibits the use of any new automated speed detection devices in a school zone and prohibit existing devices when the contract with the service provider expires.
Bill Seeks to Expand Behavioral Health Workforce
House Bill 1077, by House Public Health Committee Chairwoman Sharon Cooper, expands Georgia’s behavioral health workforce by enhancing funding for clinical behavior health training programs. Furthermore, this program will establish and provide funding for a behavioral health provider student loan repayment program.
Sheriffs Qualification and Salary Supplement Bill Returns
House Bill 424, introduced by Rep. Kenneth Vance requires that a candidate running for the office of sheriff be in good standing with the Georgia Peace Officers Standards and Training (POST) Council. Additionally, the bill allows a sheriff serving in multiple courts to receive a salary supplement for up to three courts, without an increase from any state cost-of-living adjustment (COLA) or general performance-based increases. The bill was heard, but not voted on, in the House Public Safety Committee.
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Bill Expanding Offenses Requiring Cash Bonds or Property Bonds nears Final Passage
This week, a Conference Committee submitted the final recommended text of Senate Bill 63, which expands the list of crimes for which a judge cannot grant “unsecured release” to the accused person prior to trial. Rather, persons accused of such crimes would be required to post a cash bond, property bond, or bond from a bail bondsman in order to avoid being held in jail until trial. Depending on whether judges in your county are currently allowing unsecured release (sometimes called signature bonds or recognizance bonds) for these additional crimes, counties may or may not expect additional defendants being held in jail awaiting trial if they are unable to post bond. Counties should discuss SB 63 with their sheriffs and courts to better understand how this bill may impact the jail and court systems.
Bill Revising Judicial Pay Progresses
The House Judiciary Committee has advanced House Bill 947, which would overhaul the method by which Superior Court judges and appellate court judges are compensated. Superior Court judges would have the option of opting into the new system, under which more compensation would be paid by the state and less via county supplements. Counties would still have the option to add supplements of up to 10% above the judges’ state pay for judges opting into the new system.
Many counties have local legislation tying the salaries of other officials to the pay of superior court judges. Changes made to HB 947 in committee “suspend” until July 1, 2025, any pay increases otherwise due to these other officials based on the increased superior court judge salaries. However, such pay increases for officials tied to Superior Court judge pay will start as of July 1, 2025, if the local legislation is not amended by the General Assembly before that date. Counties should discuss the impact of HB 947 with their county attorneys and finance officials.
Bill Aims to Establish Treatment Program in Juvenile Court
House Bill 873, introduced by House Juvenile Justice Committee Chairman Stan Gunter, allows a Juvenile Court to establish a juvenile treatment court division. The Council of Accountability Court Judges of Georgia will offer technical support to the juvenile courts as they develop their juvenile treatment court division. The expenses associated with this program may be covered by state funds, county funds, federal grant funds, and private donations. The county is not obligated to fund expenses for this program. This bill passed out of committee.
Zoning: Repeal Provision Allowing Additional Steps for Halfway Houses and Drug Rehabilitation Centers
House Bill 1073, by Rep. Dale Washburn, repeals a provision in state law that authorizes local governments to impose additional procedures for zoning decisions relating to the placement of halfway houses and drug rehabilitation centers. ACCG believes that the current law may conflict with the federal Fair Housing Act, which prohibits zoning and land use regulations from treating housing for disabled persons (which includes persons with drug dependency) less favorably than housing for non-disabled persons.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
Bill to End Probate Judges’ Election Responsibilities Passes Committee
Senate Bill 212, by Sen. Max Burns, passed out of the Senate Ethics Committee. This legislation removes probate judges’ election responsibilities, effective January 1, 2025, following the completion of the 2024 general election. Affected counties (about 25 statewide) are required to establish an election board and supervisor by December 15, 2024, to meet the effective date. Counties with probate judges overseeing elections may wish to have local legislation passed this session to establish an election board before this bill takes effect.
Other Election Bills of Interest:
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Senate Bill 189, sponsored by Sen. Max Burns, passed out of Committee and is scheduled for consideration on the Senate Floor on Tuesday, February 6. This bill designates the text portion of the paper ballot as the official vote for vote tabulation purposes.
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House Bill 974, by Rep. John LaHood, advanced out of the House Governmental Affairs Committee. This bill requires the Secretary of State to establish and maintain a statewide system for posting scanned paper ballots. Provisions regarding the resolution of these scanned ballots have been changed.
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House Bill 977, by Rep. John LaHood, also passed out of House Governmental Affairs Committee. This bill requires counties to conduct additional precertification risk-limiting audits on two selected contests following each election, special election, election runoff, special election runoff, primary, special primary, primary runoff, or special primary runoff.
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Senate Bill 446, by Sen. Rick Williams, was introduced this week and will shorten the early voting period from the fourth Monday immediately prior to each primary or election to the third Thursday before each election.
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House Bill 1118, introduced by Rep. Saira Draper, makes it a crime to threaten violence to election workers or to interfere with the execution of their duties.
Staff Contact: Deputy Director of Governmental Affairs Todd Edwards; tedwards@accg.org
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Single-County TSPLOST Receives Initial Committee Hearings in House and Senate
This week marked the first subcommittee hearing for Single-County TSPLOST legislation which is a 2024 ACCG Policy Agenda item. Chairman Lee Hawkins introduced House Bill 946 in the House Sales Tax Subcommittee, while Sen. Shelly Echols introduced the Senate companion, Senate Bill 383, in the chamber’s Finance Committee. Both bills lower the threshold from 100% of qualified cities signing the IGA to more than 50% to levy the tax to the full 1%. ACCG testified in support of the bills alongside GMA.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
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ACCG Associate Director of Governmental Affairs Martha Revelo and ACCG Director of Governmental Affairs Clint Mueller testify in favor of SB 383. |
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Utility Worker Protection Act Passes House Subcommittee
House Bill 1033, introduced by Rep. Leverett, passed out of the House Hong Subcommittee of Judiciary Non-Civil. The Utility Worker Protection Act is designed to safeguard utility workers from threats or assaults by individuals while carrying out their official duties. Organizations such as the Georgia Transmission Corporation and the Georgia Railroad Association testified about the harm utility workers face due to the lack of penalties for such actions. Brooks County Chairman Patrick Folsom shared his personal experience of being harmed while performing his duties. ACCG is among the organizations supporting this bill.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
Freight Bill Passes out of House Transportation Subcommittee
House Bill 617, sponsored by Rep. Rick Jasperse, requires the Georgia Department of Transportation (GDOT) Planning Director to develop a state-wide freight and logistics implementation plan. This plan should be developed with a 20-year outlook and identify example project types, specific projects to be programmed, or critical corridors. Additionally, the bill establishes the Georgia Freight 2050 Program, under GDOT’s administration, aiming to bolster the state's investment in the state-wide transportation freight network.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
Senate Study Committee on the Preservation of Georgia's Farmlands
Senate Resolution 470, introduced by Sen. Billy Hickman, creates a Senate Study Committee on the Preservation of Georgia's Farmland. The Committee’s purpose is to assess whether additional legislative actions are required to give local communities the ability to safeguard Georgia’s farmlands and to slow the permanent conversion of this resource.
Staff Contact: Associate Director of Governmental Affairs Martha Revelo; mrevelo@accg.org
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Register for the 2024 Legislative Breakfast |
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Join us at the 2024 Legislative Breakfast to get the latest updates and learn more about trending state issues. Legislation passed during the 40-day session can have a direct impact on county government operations. For this reason, it is important for county officials to stay involved and engaged. The ACCG Governmental Affairs team does an outstanding job working on behalf of Georgia's county governments, but it is extremely important for state leadership and legislators to see and hear from county officials and staff on issues before the General Assembly. Attend this event to do your part to help advance sound policy for Georgia's counties.
Visit the ACCG website for updates on the agenda and registration.
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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.
11Alive - February 2, 2024
Atlanta Journal Constitution - February 1, 2024
Atlanta Journal Constitution - February 1, 2024
Georgia Recorder- January 31, 2024
Capitol Beat- January 31, 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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