This was another busy legislative week at the state capitol.  As of today, the General Assembly has completed eighteen legislative days, and crossover day is less than three weeks away.  The GMA Governmental Relations team was active this week in committees, and we were delighted to be joined on Wednesday by several of GMA’s officers, who also attended committee meetings and visited with legislators.
GMA staff joined here by GMA First Vice President, Mayor Fred Perriman of Madison, GMA Third Vice President, Mayor Andrea Gibby of Young Harris, and GMA President, Mayor Randall Walker of Perry.

Several Bills Voted Out of Committee This Week
 

Statewide Floating Homestead Exemption, SB 349 

Senate Bill 349 by Sen. Chuck Hufstetler (R-Rome) passed the Senate Finance Committee on Friday February 9th and is headed to a Senate floor vote as early as next week. Known as the ‘Save our Homes Act,’ SB 349 is a comprehensive ad valorem taxation bill which includes numerous property tax revisions advocated for by GMA.
The bill:
  • removes the Taxpayer Bill of Rights advertisement requirement if the millage rate is set at or below the previous year’s millage rate.
  • would also remove the requirement to include the tax estimate on the tax assessment notice.
  • would limit the three-year lock on the valuation of property only if the taxpayer receives a lower property valuation on appeal.
  • would require that the current tax assessment notice includes a list of all ad valorem tax exemptions that have been granted and are applicable to the current tax year.
  • would prohibit the taxpayer from receiving a temporary reduction in the amount of taxes due if the taxpayer, or his/her representative(s), does not attend a tax appeal settlement conference.
In addition to the process reforms that are advantageous to Georgia cities, this bill also provides for a statewide floating homestead exemption which would restrict assessment increases on homesteaded property to no more than 3 percent annually for all property taxes levied.

SB 349 passed the Senate Finance Committee on Friday, Feb. 9 and is now pending in the Senate Rules Committee.
Mandatory Reappraisal of Property, HB 1031
House Bill 1031 by Rep. Dale Washburn (R-Macon) would require a mandatory reappraisal of parcels at least every three years along with a required notice on each taxpayer’s ad valorem property tax bill if the adopted millage rate exceeds the estimated roll-back rate. HB 1031 addresses an issue concerning the Department of Audits sales ratio study. The bill also provides for an appeal process for taxpayers to appeal to the superior court of the county in which the equalized digest is performed and have a three-year lock on their property valuation if the taxpayer wins their appeal. HB 1031 also requires the annual notice of current assessment to include the current year’s estimated roll-back rate.

HB 1031 passed the House Ways & Means Committee on Thursday, Feb. 8 by substitute and is headed to a House floor vote as early as next week.
GMA Assistant General Counsel Ryan Bowersox and ACCG Governmental Relations Associate Martha Revelo testified again this Wednesday, Feb. 7 in favor of HB 946 before the House Ways & Means Sales Tax Subcommittee.

TSPLOST, HB 946

House Bill 946 by Rep. Lee Hawkins (R-Gainesville) is a Transportation Special Purpose Local Option Sales Tax (TSPLOST) bill. Under current law, TSPLOST may be levied for five years at 1% if there is an intergovernmental agreement (IGA) in place with every qualified municipality in the county, and if any one of the cities in the county do not agree to sign the IGA, the TSPLOST may only be levied up to 0.75%.

House Bill 946 would require a county and qualified municipalities representing at least 50% of the county’s municipal population to enter into an IGA to levy a TSPLOST, subject to referendum, up to 1%.  Additionally, the bill would provide any cities that do not sign the IGA a share of the tax proceeds based on a formula similar to that used for LMIG. If every city in the county signs the IGA, they would be allowed to levy the TSPLOST for up to six years, rather than the current five years. The bill would not impact regional TSPLOST.

HB 946 passed House Ways & Means Sales Tax Subcommittee on Wednesday, Feb. 7, passed full House Ways & Means Committee on Thursday, Feb. 8, and is now pending in the House Rules Committee.

C-PACE, HB 206 

House Bill 206 by Rep. Steven Sainz (R-St. Marys), known as the Commercial Property Assessed Conservation, Energy, and Resiliency Cooperation Law (C-PACE), would allow for development authorities to create a land-secured financing district which acts as a mechanism for financing energy efficiency and renewable energy improvements on private commercial properties. This model allows for commercial property owners to finance the up-front cost of energy or other eligible improvements on a property and then pay the costs back over time through a voluntary tax assessment. The unique characteristic of C-PACE assessments is that the assessment is attached to the property rather than an individual, so financial obligations can be passed in the sale of the property. This mechanism would be a municipal option. The version of HB 206 that passed the House last year would have created a new local authority; this version vests C-PACE powers with existing development authorities.

HB 206 passed Senate State and Local Government Operations Committee on Tuesday, Feb. 6 and the Senate Rules Committee on Friday, Feb. 9, and is headed for a floor vote on Monday.
GMA Governmental Relations Associate DJ Waller testifying in support of SB 443 beore the Senate Public Safety Committee on Wednesday, Feb. 7.

Nuisance Gatherings, SB 443

Senate Bill 443, by Sen. Ben Watson (R-Savannah) would allow a city to recover the costs and resources associated with events not properly permitted that create a public nuisance that impedes travel by public safety officials or employees. Local governing authorities could file a complaint on behalf of the public and be reimbursed by the event's promoter or organizer.

This bill passed out of the Senate Public Safety Committee on Wednesday, Feb. 7th.
GMA Governmental Relations Associate Noah Roenitz and ACCG Deputy Director of Governmental Relations Todd Edwards testifying in opposition to HB 1043 beore the House Banks and Banking Committee on Thursday, Feb. 8.

Blockchain Basics Act Receives a Hearing, HB 1043

On Thursday, February 8, House Bill 1043 (the Blockchain Basics Act) by Rep. Scott Hilton (R-Peachtree Corners), was heard for the first time in the House Banks and Banking Committee. The legislation would provide comprehensive definitions for the business operations of digital or virtual currency, defined as "blockchain," and would authorize such operations, including so-called "virtual currency mining."  The bill:
  • prohibits cities from imposing noise or sound regulations on home-based mining operations that differ from general noise or sound regulations on residential property.
  • prohibits cities from imposing noise or sound regulations on commercial or industrial mining operations that differ from general noise or sound regulations on industrial property.
  • prohibits regulations of currency mining by cities that differ from regulations imposed upon data centers. 
The bill would allow home-based currency mining if the operation complies with noise regulations. Finally, the bill would allow commercial and industrial currency mining in any area zoned for industrial use.

During the hearing, GMA highlighted noise issues in bitcoin mining, as well as the near unprecedented levels of electrical utilization. GMA and ACCG, in unison, testified that the most effective form of regulation around bitcoin mining facilities would be derived locally and that preemption efforts are needless and misguided.
Senator Larry Walker III (R-Perry) visits with Mayor of Perry and GMA President Randall Walker and GMA Governmental Relations Associate Noah Roenitz outside the Senate Chamber.

Bills to Watch

Community Development

House Bill 514 by Rep. Dale Washburn (R-Macon) would create a six-month limitation on local zoning moratoriums.
Status: remains in conference committee; GMA is monitoring the status of the final conference committee report
GMA Position: Neutral


House Bill 981 by Rep. James Burchett (R-Waycross) would set a $500 cap related to issuing a permit or other such approval by a local government to a qualified agricultural producer regarding the construction or renovation of an agricultural structure.
Status: pending in House Agriculture and Consumer Affairs Committee
GMA Position: Working with author


House Bill 1043 by Rep. Scott Hilton (R-Peachtree Corners) would provide regulations for virtual currency mining operations and prohibit cities from adopting certain zoning policies or noise regulations that discriminate against such operations.
Status: pending in House Banks and Banking Committee
GMA Position: Opposed


House Bill 1073 by Rep. Dale Washburn (R-Macon) would strike language from the zoning procedures chapter of Title 36 of the OCGA. This action removes specific language relating to zoning procedures relating to halfway house (s), drug rehabilitation center (s), or another facility for the treatment of drug dependency. 
Status: pending in House Governmental Affairs Committee
GMA Position: Neutral


House Bill 1121 by Rep. Bethany Ballard (R-Warner Robins) limits the ability of cities to prohibit short-term rentals that are in existence prior to any prohibition and provides a statutory process for cities to address violations by short-term rental operators.
Status:  pending in House Governmental Affairs Committee.
GMA Position: Working with author


Senate Bill 435 by Sen. Frank Ginn (R-Danielsville), which is subject to approval of a constitutional amendment called for by SR 533, would create the statutory framework for Community Development Districts to build and maintain public infrastructure and to levy ad valorem tax to bond and to pay for such infrastructure.
Status: pending in Senate Regulated Industries and Utilities Committee
GMA Position: Evaluating


Municipal Government
House Bill 290 by Rep. Mitchell Scoggins (R-Cartersville) would limit the amount of compensation a county tax commissioner may receive for collection of municipal taxes.
Status: pending in Senate Rules Committee
GMA Position: Support


House Bill 456 by Rep. Stan Gunter (R-Blairsville) establishes a two-year term for all municipal court judges and provides a removal mechanism in the event of the breach of an employment agreement.
Status: passed House Tuesday, Feb. 6, assigned to Senate Judiciary Committe
GMA Position: Support

House Bill 461 by Rep. Brad Thomas (R-Holly Springs) would make revisions concerning a city's calculation of regulatory fees, specifically building inspection fees.
Status: passed House Rules on Friday, Feb. 9 and is scheduled for a floor vote on Monday
GMA Position: Neutral


House Bill 813 by Rep. Victor Anderson (R-Cornelia) clarifies and standardizes the process for creation of a new city by setting forth the procedural steps in state law rather than just in legislative committee rules.
Status: recommitted to House Government Affairs Committee
GMA Position: Working with author


House Bill 905 by Rep. Matt Reeves (R-Duluth) would clarify provisions of the Zoning Procedures Law relative to the role of quasi-judicial boards and agencies and the appeal process from their decisions.
Status: pending in State and Local Governmental Operations
GMA Position: Support


House Bill 1033 by Rep. Rob Leverett (R-Elberton) enhances the level of punishment for the crimes of assault and battery when the victims of those crimes are utility workers.  
Status: passed House Rules Committee on Friday, Feb. 9 and are scheduled for a floor vote on Monday
GMA Position: Support


House Bill 1044 by Rep. Victor Anderson (R-Cornelia) raises the dollar amount of the public works bidding exemption from $100,000 to $250,000.
Status: passed House Rules Committee on Friday, Feb. 9 and are scheduled for a floor vote on Monday
GMA Position: Support

Public Safety

Senate Bill 16 by Sen. John Albers (R-Roswell) would allow municipalities to establish EMS service areas and is a priority for GMA as we aim to address the critical need for efficient EMS response times.
Status: Hearing scheduled in Senate Health and Human Services Committee Meeting on Monday, Feb. 12.
GMA Position: Support


Senate Bill 415 by Sen. Randy Robertson (R-Cataula), referred to as the Police Registration Oversight for Tracking Enforcement and Capture Technology (PROTECT) Act, allows law enforcement officers to ticket drivers without proper motor vehicle insurance and registration via electronic image. 
Status: Pending in Senate Judiciary Committee
GMA Position: Support


House Bill 348 by Sen. J Collins (R-Villa Rica) would revise the regulations for speed cameras in school zones. GMA is monitoring this bill closely for expected changes prior to committee action.
Status: pending in Senate Public Safety Committee
GMA Position: Working with author


House Bill 447, by Rep. Ken Vance (R-Milledgeville) provides that a person driving without insurance or with invalid vehicle registration may be subject to citation via electronic image (camera). The camera, affixed to an officer vehicle, will notify the officer of the violation, and the officer will then have the option to automatically issue a civil citation rather than initiate a traffic stop. 
Status: received a hearing in House Motor Vehicles Committee on Tuesday, Jan. 30, and is pending in House Rules Committee 
GMA Position: Support

House Bill 451 by Rep. Devan Seabaugh (R-Marietta) establishes an insurance program to cover post-traumatic stress disorder claims for first responders and requires city participation in the program. 
Status: recommitted by House Rules Committee to House Insurance Committee
GMA Position: Support


House Bill 935 by Rep. Ken Vance (R-Milledgeville) and Senate Bill 94 by Sen. Randy Robertson (R-Cataula) would both require the governing body of local law enforcement agencies to apply for and secure a permit from the GA Department of Transportation prior to placing a speed detection device within a school zone, as opposed to the school applying.
Status: HB 935 is pending in House Motor Vehicles Committee; SB 94 is pending in Senate Public Safety Committee
GMA Position: Support


House Bill 1126 by Rep. Clay Pirkle (R-Ashburn) seeks to repeal all laws relative to the enforcement of speeding via cameras in school zones.
Status: Pending in House Motor Vehicles Committee
GMA Position: Oppose

 

Revenue and Finance

Senate Bill 349 by Sen. Chuck Hufstetler (R-Rome) would improve the notice requirements for tax assessments and millage rate adjustments to be more transparent, but would also allow for a statewide floating homestead exemption with a cap of 3 percent.
Status: Passed the Senate Finance committee on Friday, Feb. 9 and is pending in Senate Rules Committee
GMA Position: Neutral


Senate Bill 364 by Sen. John Albers (R-Roswell) would allow for a statewide floating homestead exemption with a cap of 3 percent or the rate inflation, whichever is less. The exemption would be based on the assessment value from 2020, 2021, or 2022, whichever is lowest.
Status: pending in the Senate Finance Committee 
GMA Position: Oppose


House Bill 808 by Rep. Mike Cheokas (R-Americus) would increase the statewide ad valorem tax exemption for tangible personal property from $7,500 to $50,000.
Status: pending in House Ways & Means Committee
GMA Position: Oppose


House Bill 862 by Rep. Mitchell Horner (R-Ringgold) would allow for HOST and LOST to be levied simultaneously.
Status: pending in the House Ways and Means Committee
GMA Position: Working with author


House Bill 946 by Rep. Lee Hawkins (R-Gainesville) and Senate Bill 383 by Sen. Shelly Echols (R-Gainesville) would both allow for a referendum on a single-county T-SPLOST without the requirement of unanimous approval of the agreement by all local jurisdictions and provides protection for those jurisdictions that are not party to the agreement. 
Status: HB 946  passed House Ways and Means Committee on Thursday, Feb. 8 and is pending in House Rules Committee  
GMA Position: Support

House Bill 1019 by Rep. Matt Reeves (R-Duluth) would double the amount of the statewide homestead exemption from $2,000 to $4,000, provided the property owner lives in the home as their primary residence, and would have to go through a statewide referendum upon passage into law.
Status: passed House Ways and Means Committee on Thursday, Feb. 8 and is pending in House Rules Committee
GMA Position: Neutral


House Bill 1031 by Rep. Shaw Blackmon (R-Bonaire) would require mandatory reappraisal of parcels at least once every three years and would require the estimated roll-back rate to be included on the annual notice of current assessment.
Status: Passed House Ways and Means Committee on Thursday, Feb. 8 and is pending in House Rules Committee
GMA Position: Support


House Bill 1115 by Rep. Noel Williams (R-Cordele) would raise the limit on local sales tax to 3 percent, allow for a HOST and a LOST to be levied simultaneously, and create a new local option sales tax which would be referred to as a flexible penny local option sales tax which could be used for either property tax relief or capital outlay projects. 
Status: pending in House Ways & Means Committee 
GMA Position: Working with author

 Friday Focus calls are back!
with the GMA Governmental Relations team

every Friday at 9 a.m. via Zoom
 
When advocating on behalf of Georgia’s cities, GMA’s greatest asset is an informed and engaged membership, and this is especially true when the policy issue or piece of legislation is particularly complex or consequential.

The Friday Focus calls are an opportunity for you, our members, to deepen your understanding of the issues being addressed by the General Assembly this session and feel more empowered to advocate on behalf of your city.
 

Click here to register!

For additional assistance please reach out to Kendall Daniels, kdaniels@gacities.com
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