Every effort has been made to be accurte and complete in our descriptions of the contents of each act, but we caution you should rely only on the acts themselves and not solely on the summaries in this or any report. Seek appropriate counsel when needed.
Legislation passed – Signed into Law
SB 342 Water Conservation and Drought Relief Act (by Sen. Chip Pearson of Dawsonville) This bill will establish a new government agency that will work to permit and create new reservoirs. It will also provide funding for the improvement of our water infrastructure and existing dams across the state. The intent of the bill is to ensure water remains plentiful as our state continues to grow and to provide protection from future droughts. This bill also includes water efficient products in the state sales tax holiday. (Signed by Governor on 5/13/08)
SB 352 Statewide Water Plan Rules Changes (by Sen. Bill Cowsert of Athens) This bill works alongside SB 351 to clarify rules changes to the statewide water plan. It clarifies that certain rules changes will be required to comply with federal statutes or regulations. It also states that if any standing committee has an objection to a rule change, the agency director should consult with the committee prior to changing the rule. (Signed by Governor on 3/29/08)
SB 355 “Good Funds” Bill (by Sen. Preston Smith of Rome) This bill is a reaction to the collapse of HomeBanc Mortgage. Due to the lender going out of business, some real estate attorneys were left in limbo with funds paid by check in escrow. This bill came as a request from the Real Property Law section of the Georgia Bar, and is an attempt to make all money transfers at closing paid by wiring funds electronically. We have heard from representatives of the lending industry; they believe that how funds are paid at closing should be a market-driven decision, not a government mandate. This bill mirrors the language in HB 918. (Signed by Governor on 5/14/08)
SB 374 Lien Law (by Sen. Dan Weber of Dunwoody) This bill is the result of the Senate Lien Law Study Committee. GAR attended Study Committee hearings during this past fall and winter. There was discussion about eliminating liens for expenditures of less than $50,000; however, the bill as introduced does not include that language and is mostly technical corrections to the lien filing process, with the addition of the notice of contest response to a lien filing. The language in this bill mirrors HB 1147. (Signed by Governor on 5/14/08)
SB 444 Disposition of Property Not Needed for Road Purposes (by Sen. Chip Pearson of Dawsonville) This bill provides requirements for the disposition of property not needed for public road purposes. It provides that landowners will be properly notified of the acquisition of lands and if land is sold, landowners and owners of abutting land shall be notified in writing. The owner shall have the right to acquire the property to which notice was given. If, after a search of the land and probate records, the owner cannot be found this bill provides requirements for the DOT, counties, or municipalities to dispose of the land. (Signed by Governor on 5/14/08)
SB 463 Minimum Standards for Gray Water Recycling Systems (by Sen. Chip Pearson of Dawsonville) Gray water is the waste water discharged from lavatories, bathtubs, showers, and washing machines. This bill sets minimum standards for the recycling and reuse of gray water for residential purposes. The intent is to set standards to ensure the reuse of gray water does not have a negative effect on public health. (Signed by Governor on 5/14/08)
SB 531 Advertisement and Sales of Foreclosures (by Sen. Bill Hamrick of Carrollton) This bill requires that real estate being sold as a result of foreclosure be advertised and conducted at the time and place advertised and in the usual manner of the sheriff’s sales in the county in which the property is located. It also requires that a foreclosure be conducted by the current owner or holder of the mortgage and that the secured creditor be included in the advertisement and court records. (Signed by Governor on 5/13/08)
SR 996 Authorization for Tax Allocation Districts (by Sen. Dan Weber of Dunwoody) The State Supreme Court recently ruled that the use of school tax funds in tax allocation financing for redevelopment purposes violated the Constitution. This Constitutional Amendment would change the Constitution to authorize the use of school tax funds to finance tax allocation districts. (Signed by Governor on 5/14/08)
HB 89 “The Gun Bill” Carrying and Possession of Firearms (by Rep. Tim Bearden of Villa Rica) This bill has passed the Senate by Rules Committee substitute. The version of the bill that passed is drastically different than the original bill and is much improved over the committee substitute GAR agreed to last session. This version continues to state that employers cannot require as a condition of employment that an employee cannot enter their parking lot when the employee’s vehicle contains a firearm that is locked out of sight. This version also continues to specify that it shall not restrict the rights of private property owners to control access to their property. With leadership from the Governor, this version has improved by limiting the pool of gun owners who are protected by this bill from all gun owners to the roughly 300,000 holders of state-issued concealed weapons permits. It is important to consider that property owners will maintain the right to ban all firearms from their property at all times and property owners will have immunity from criminal actions from the use of firearms on their property unless the property owner commits the crime. (Signed by Governor on 5/14/08)
HB 921 Licensing of Mortgage Lenders and Mortgage Brokers (by Rep. James Mills of Gainesville) A bill to allow Georgia to participate in the creation a nationwide automated licensing system for mortgage brokers and mortgage lenders. This bill permits the Department of Banking and Finance to establish and implement a multi-state residential mortgage licensing system, but ensures the department will retain exclusive authority over mortgage licensing whether this bill passes or not. (Signed by Governor on 5/12/08)
HB 926 Mortgage Forgiveness Debt Relief Act (by Rep. Larry O’Neal of Bonaire) This bill seeks to bring Georgia into compliance with federal law in regards to income tax on mortgage forgiveness. The intent is to clarify that mortgage debt forgiveness is not considered income for tax purposes. (Signed by Governor on 4/9/08)
HB 1018 Superior Court Filing Fees & Electronic Recording of Instruments (by Rep. Roger Lane of Darien) This bill would add an additional $2.00 fee for the filing of any instrument that is required by law to be cross-indexed by the Clerk of Superior Court. Additional fees would be charged for the cancellation or release of instruments on record. Most importantly, this bill would require the Clerk of Superior Court to record instruments including but not limited to real estate, personal property, liens and plats electronically instead of entering manually in paper books or dockets. (Signed by Governor on 5/6/08)
HB 1043 Lead Paint Abatement (by Rep. Sharon Cooper of Marietta) This bill removes an exemption for landlords owning less than 12 units from lead paint abatement requirements. By removing this exemption, the law would now apply to owners of residential rental property and landlords that accept compensation for the use of residential property by another. (Signed by Governor on 5/14/08)
HB 1121 Insurance Coverage for Condominium Associations (by Rep. Wendell Willard of Sandy Springs) This bill would require condominium associations to obtain property insurance policies for fire and extended coverage insurance for full replacement value of all structures within the condominium. It would also alter the liability insurance policy to afford for $1 million for a single occurrence and $2 million aggregate. (Signed by Governor on 5/14/08)
HB 1132 Uniform Environmental Covenants Act (by Rep. Edward Lindsey of Atlanta) An environmental covenant is a legal device which restricts activities on contaminated lands and binds parties together within a covenant. This bill intends to codify uniform language for all stakeholders within an environmental covenant and provide requirements and liabilities for all who have interest within the covenant. (Signed by Governor on 5/14/08)
HB 1160 Transfer of Development Rights (by Rep. Len Walker of Loganville) Development rights refers to the maximum development that would be allowed on the property under any plan or local zoning ordinance. This bill adds a transfer ratio which is the number of development rights that may be transferred from a sending area to a receiving area and provides for the severance of transferable severance rights and transfer ratios. (Signed by Governor on 5/14/08)
HB 1211 Bona Fide Large Forest Land Conservation Tax Relief (by Rep. Richard Royal of Camilla) This bill would provide for tax relief grants for “bona fide large forest land conservation property.” In order to qualify, tracts must contain more than 500 acres of real property and have a primary use of wildlife or natural resource preservation or management and the property owner must enter into a covenant. This bill is a companion to HR 1276. (Signed by Governor on 5/8/08)
HB 1274 Tax Credits for Donation of Real Property for Conservation Purposes (by Rep. David Knight of Griffin) This bill changes provisions relating to income tax credits for donations of real property for conservation purposes. Such lands are defined separately under Georgia Code. Income tax credits for the donation of such land would be limited to $500,000 or 25% of the fair market value of the donated property, whichever is less. (Signed by Governor on 4/24/08)
HB 1302 Code of Ethics for Clayton County School System (by Rep. Mike Glanton of Ellenwood) This bill would provide for a code of ethics for the Clayton County School System. The Clayton County Legislative Delegation would establish a seven-member ethics commission to consider ethics complaints brought against any member of the Clayton County School Board. The ethics commission would have the authority to investigate, subpoena, reprimand and remove a board member from office. The board shall also provide for a mandatory training program for members elected to the Clayton County Board of Education. (Signed by Governor on 4/24/08)
HR 1022 Statewide Water Management Plan (by Rep. Lynn Smith of Newnan) By law, the Georgia Water Council had to submit a statewide water management plan to the General Assembly before the first day of the legislative session. The statewide water plan establishes regional councils to undertake a four-step process to monitor and assess water resources, forecast the need for water capacity, identify and manage practices to protect water resources and implement management practices. These regional councils are appointed by the Governor, Lt. Governor and Speaker of the House and will oversee regions which are broken down on a watershed-basin basis. This means regions will generally follow river basins while also keeping counties intact. The water plan adopted by the Water Council was ratified by the General Assembly as a joint resolution and was sent to the Governor for approval. (Signed by Governor on 2/6/08)
HR 1276 Bona Fide Large Forest Land Conservation Tax Relief (by Rep. Richard Royal of Camilla) A Constitutional Amendment that would provide for the special assessment and taxation of bona fide large forest land conservation use property. Tracts of forest land of 500 acres or greater with the primary purpose being wildlife or natural resource preservation or management could qualify and the property owner would enter into a covenant. This resolution is a companion to HB 1211. (Signed by Governor on 5/14/08)
Legislation passed – vetoed by governor
HB 1217 Home Inspector Licensing (by Rep. Sean Jerguson of Canton) This bill would create a five-member State Licensing Board of Home Inspectors, which will be assigned to the Office of the Secretary of State. Board members would be appointed by the Governor and 4 members shall be home inspectors. In order to become licensed, all home inspectors would have to pass a test after completion of either 80 hours of classroom instruction or 100 home inspections in the previous 3 years. All home inspectors would be required to be licensed by January 1, 2010, and would be required to complete 30 hours of CE every 2 years. This bill would also allow for reciprocity with other states where regulations meet Georgia standards.
Vetoed by Governor on 5/14/08, with the following statement:
House Bill 1217 provides a regime to license Georgia’s home inspectors. I am cognizant and respectful of the fact that the advocates for the legislation chose to use and were approved by the Georgia Occupational Regulation Review Council (GORRC). I have come to believe that GORRC review should be the initial threshold for the creation of a new licensing board. I am also aware that the private sector provides several, voluntary professional organizations to achieve the goals of the legislation. It is my preference that the market – not the State – regulate as many of our industries as possible. Thus, in order to not supplant the good work of the free market with taxpayer funds, I VETO House Bill 1217.
Legislation that did not pass
SB 351 Statewide Water Planning Oversight Committee (by Sen. Bill Cowsert of Athens) A bill to create a joint statewide Water Planning Oversight Committee. The committee would consist of members of the Senate and House and would advise the General Assembly on implementation of any statewide water plan. This oversight committee would serve as a standing committee for both the House and Senate in regard to rules or regulations to implement a water plan and would serve as the appropriate body to object to any rules changes to the water plan.
SB 368 Limit Restrictions Director of EPD May Place on Swimming Pools (by Sen. Chip Rogers of Woodstock) This bill states that the director of the Environmental Protection Division of the Department of Natural Resources shall not be permitted to restrict the use or maintenance of public, private or community swimming pools when imposing water restrictions. The language in this bill mirrors the language of HB 1005.
SB 375 Licensing of Mortgage Lenders and Mortgage Brokers (by Sen. Bill Hamrick of Carrollton) A bill to allow Georgia to participate in the creation of a nationwide automated licensing system for mortgage brokers and mortgage lenders. This bill permits the Department of Banking and Finance to establish and implement a multi-state residential mortgage licensing system, but ensures the department will retain exclusive authority over mortgage licensing whether this bill passes or not. The language in this bill mirrors the language of HB 921.
SB 420 Exempt DOT from Civil Penalties Relating to Soil Erosion and Sedimentation (by Sen. Chip Pearson of Dawsonville) This bill says the Department of Transportation or any contractor working under a DOT contract shall not be assessed any civil penalties relating to the control of soil erosion and sedimentation. However, this bill shall not diminish the property rights of any landowner adversely affected by DOT construction activity.
SB 426 Prohibit Construction of New Housing on Certain State-owned Lands (by Sen. Jeff Chapman of Brunswick) This bill prohibits construction of new private residential housing (whether single- or multi-family and including but not limited to condominiums) on land that is part of the state park system and land leased to the Jekyll Island State Park Authority.
SB 445 Legislative Oversight of Agency Rules (by Sen. Mitch Seabaugh of Sharpsburg) This bill states that if a legislative standing committee files an objection to a proposed rule of a state agency, the rule shall be stayed until the next legislative session and must be considered within the first 30 days of the session. If after the 30th legislative day the General Assembly has not considered an override of the rule change, the rule shall take immediate effect. This bill ties in with the legislative oversight of the statewide water plan along with other state agencies.
SB 449 Liability of Landowners Who Allow Hunting and Agritourism on Property (by Sen. Bill Heath of Bremen) This bill says that a landowner who conducts agritourism activities or allows people to hunt on the owner’s property shall be immune from civil liability for any acts done by such persons on the property, provided the landowner’s conduct does not constitute gross negligence.
SB 452 General Contractors Licenses (by Sen. Jeff Mullis of Chickamauga) This bill states that any person who holds a current and valid General Contractors license issued by another state or territory of the United States and is a legal resident of Georgia shall be eligible for licensure in Georgia regardless of whether reciprocal agreements have been entered into by the other state(s). In short, if a General Contractor holds a valid license in another state, they will not have to sit for the Georgia exam in order to obtain a license.
SB 458 Loss of Accreditation/Scholarships (by Sen. Eric Johnson of Savannah) This bill states that if a school or school system loses accreditation and fails to regain accreditation, parents would have the option to enroll their children in another school within the school district, to enroll and transport their children to a public school outside their district (if accepted), or to request a scholarship from the district to send their children to a private school. The scholarship amount would be an amount equivalent to the cost that would have been provided at the public school. Also, if a school has been designated as a Needs Improvement School for 6 consecutive years the same options would be available to parents. When a school or school system regains its accreditation or if a school is no longer designated as Needs Improvement then the options provided under this bill would no longer be available.
SB 459 Advertisement of Foreclosures (by Sen. Kasim Reed of Atlanta) This bill would require that real estate being sold as a result of foreclosure be advertised and published weekly for ten (10) weeks.
SB 465 Notice of Foreclosures to Debtors (by Sen. Emanuel Jones of Ellenwood) This bill states that notice of foreclosure must be sent in writing by certified mail, overnight delivery, or similar measure to the debtor no later than 90 days before the date of the proposed foreclosure.
SB 475 Georgia Fair Lending Act (by Sen. Vincent Fort of Atlanta) This bill is intended to prohibit abusive home loan practices. It would provide for prohibited practices, limitations and consumer protections for covered home loans and high-cost home loans.
SB 485 Licensing of Home Inspectors (by Sen. John Wiles of Kennesaw) See HB 1217
SB 496 Fraudulent Appraisal of Property Values for Mortgages (by Sen. Horacena Tate of Atlanta) This bill amends the code section relating to the mortgage business and would prohibit the solicitation or facilitation of fraudulent appraisals of property offered as security for a mortgage or loan.
SB 527 Foreclosure Rescue Fraud Prevention Act (by Sen. Gail Davenport of Jonesboro) The intent of this bill is to prevent unfair practices in foreclosure rescue transactions. It says if a homeowner transfers title to a home as part of a foreclosure transaction, the homeowner’s intent is to provide security for the loan of money to avoid foreclosure, not to transfer the home to the rescuer. It also says that all foreclosure rescue transactions comply with lending laws, and that all foreclosure rescue transactions will be deemed to be equitable mortgages. This bill requires that the grantee give the homeowner a reasonable opportunity to retain the home and that if the homeowner fails to repay the mortgage, the grantee may recover the balance of the mortgage by way of foreclosure.
SB 532 New Home Access Act (by Sen. Nan Orrock of Atlanta) This bill requires that a single-family house, duplex or triplex that is built on a concrete slab for use as a dwelling place include certain accessibility features for disabled or elderly persons. These include: at least one exterior door that is 36 inches wide that does not have a step, hallways at least 32 inches wide, bathroom walls reinforced for grab bars, and electrical panels, breaker boxes, light switches and thermostats not higher than 48 inches off the floor. If passed, any person who constructs a residential building in violation of this code shall be guilty of a misdemeanor.
SB 535 Local Boards of Education/Accreditation (by Sen. Ronnie Chance of Tyrone) This is the Governor’s bill to address the potential loss of accreditation by the Clayton County School System. This bill says if a local school system loses its accreditation, a recall election will be called on all members of the local Board of Education. If the recall is approved, the members of the board shall immediately be removed from office. The State Board of Education shall appoint a board member for each vacancy and the appointee will serve the remainder of the unexpired term. Successors to the board shall be elected by voters at the end of the unexpired term. The bill will also apply to a new school that fails to gain accreditation within the first two years of its existence.
SB 538 Ad Valorem Tax Exemptions for Seniors (by Sen. J.B. Powell of Blythe) If passed by the General Assembly and approved by the voters on the November ballot, this bill would provide a statewide homestead exemption with respect to all ad valorem taxes for educational purposes for certain senior citizens. Seniors would have to be 70 or older on or before January 1 of the year in which the application for the exemption is made.
SR 686 Residential Property Assessment Freeze (by Sen. Eric Johnson of Savannah) A Constitutional Amendment (if passed by the General Assembly and approved by voters on a statewide referendum) to freeze existing property tax assessments based on 2008 valuations. Properties would be subject to annual re-evaluations, but any annual increase in value would not exceed an annual inflation percentage established by the state revenue commissioner. The revenue commissioner could use the Consumer Price Index to set the rate increase for urban residents. New construction, properties that had additions or improvements requiring a building permit and properties that sold to anyone other than a spouse would be appraised at their current fair market value.
SR 701 Statewide Water Management Plan (by Sen. Ross Tolleson of Perry) See HR 1022
SR 796 Property Assessment Freeze/Elimination of Vehicle Ad Valorem Tax (by Sen. Chip Rogers of Woodstock) This Constitutional Amendment originally intended to freeze property tax evaluations at their 2008 level and allow limited annual increases. The House added the Speaker’s plan that would also cap millage rates along with language to eliminate ad valorem taxes on vehicles.
SR 845 Transportation Improvement Sales and Use Tax (by Sen. Jeff Mullis of Chickamauga) A Constitutional Amendment that would authorize counties to propose a ballot measure in their county for a 1% sales and use tax increase to be used for the construction of transportation projects. 80% of the funds collected would be used in the county where collected and the remaining 20% would be remitted to GA DOT. Half of those funds remitted to DOT would be spent by the state on multicounty mass transit networks; the other half would be used for general transportation purposes.
SR 859 Repeal of State Ad Valorem Taxes Except for Emergencies (by Sen. Chip Rogers of Woodstock) A Constitutional Amendment that says the state shall not impose any annual state ad valorem taxes for any purpose except for defending the state in an emergency.
HB 895 Sales Tax Holiday For Energy and Water Efficient Products (by Rep. Kevin Levitas of Atlanta) A bill to exempt sales and use tax from the purchase of energy and water efficient products with a sales price of $1,500 or less purchased between October 2, 2008 and October 5, 2008. This bill would continue to include energy efficient products in the state sales tax holiday, but would now include water efficient products as well. Water efficient products include any products that meet or exceed the U.S. EPA’s water saving requirements or those products designated as meeting or exceeding the requirements of the Water Sense program.
HB 918 “Good Funds” Bill (by Rep. Roger Lane of Darien) This bill is a reaction to the collapse of HomeBanc Mortgage. Due to the lender going out of business, some real estate attorneys were left in limbo with funds paid by check in escrow. This bill came as a request from the Real Property Law section of the Georgia Bar, and is an attempt to make all money transfers at closing paid by wiring funds electronically. We have heard from representatives of the lending industry; they believe that how funds are paid at closing should be a market-driven decision, not a government mandate. This bill mirrors the language in SB 355.
HB 925 Creation of New Townships (by Rep. Mike Jacobs of Atlanta) This bill provides the requirements for the creation of new townships in Georgia. It states that any local act creating a township shall be subject to approval by the voters of the area to be incorporated into a township by a referendum. It specifically states that a township shall not have nor exercise the power of eminent domain and will not provide services or share in the distribution of local sales and uses taxes. The bill goes into further detail about how townships will be created and governed.
HB 946 Retrofit at Resale (by Rep. Karla Drenner of Avondale Estates) A bill to require the retrofit of plumbing fixtures in both residential and commercial properties within the Metropolitan North Georgia Water Planning District prior to the sale or transfer of property for profit. This bill would be enforced beginning January 1, 2009, and would criminalize the sale of property that had plumbing fixtures that did not meet the bill’s standards as a misdemeanor crime. GAR staff has discussed this bill with the sponsor and has been assured she does not intend to move forward with the bill.
HB 947 Plumbing Fixtures Requirements and Tax Credits (by Rep. Karla Drenner of Avondale Estates) A bill to change the requirements of plumbing fixtures in buildings and structures and to provide an income tax credit for actual replacement of certain plumbing fixtures in existing residential or commercial buildings. This bill would increase the efficiency requirements of plumbing fixtures allowed to be installed in Georgia. This bill would require that all toilets installed in new construction after January 1, 2014, be “high-efficiency” toilets using 1.28 gallons per flush or less along with changing the requirements on other fixtures. Furthermore, this bill would require retailers to offer a certain percentage of their plumbing fixtures stock to be “high-efficiency” on a tiered scale and would eventually only allow the sale of “high-efficiency” fixtures. This bill would also institute an incentive to retrofit plumbing fixtures by offering tax credits to residential and commercial property owners. Credits of up to $100 would be offered for the retrofit of toilets and urinals, and credits of $10 would be offered for the retrofit of faucets and aerators.
HB 956 Zoning Procedures (by Rep. Doug Holt of Social Circle) This bill attempts to provide direct appeal of zoning decisions and consistency in the review of zoning decisions. This bill says that zoning decisions by local governments are open to appeal, but the burden of proof is on a property owner to prove that they have suffered significant detriment to the use of their property or that the zoning decision is not related to public health, safety, morality or general welfare. Furthermore, if a request for rezoning is being reviewed, the consideration shall be whether the property has value under its existing zoning or whether the owner will suffer economic loss if the property is not rezoned.
HB 979 Implementation of the Property Tax Reform Amendment (by Rep. Glenn Richardson of Hiram) This bill is the enabling legislation for HR 1246, known as the Property Tax Reform Amendment. If HR 1246 is adopted by the General Assembly and then approved by voters on a ballot, taxpayers with a homestead exemption would receive a credit for the education portion of their property taxes. Taxpayers would receive a tax bill from the county as they previously had, but a credit would be issued for the school portion of their ad valorem tax liability. The state would then pay the county dollar for dollar the tax amount charged on the tax bill. To fund the tax credits, the state would tax lottery tickets, eliminate tax exemption on groceries and would tax consumer services at 4%. This bill gives a list of 174 services that would be taxed, including real estate commissions. The state would also issue credits for the ad valorem taxation of motor vehicles and institute a $20 tag registration fee, $10 of which would go to fund trauma care in Georgia.
HB 1005 Limit Restrictions Director of EPD May Place on Swimming Pools (by Rep. Sean Jerguson of Canton) This bill states that the director of the Environmental Protection Division of the Department of Natural Resources shall not be permitted to restrict the use or maintenance of public, private or community swimming pools when imposing water restrictions. The language in this bill mirrors the language of SB 368.
HB 1056 Metropolitan Area Transportation Plan Guidelines (by Rep. Steve Davis of McDonough) This bill says that no transportation plan developed by a metropolitan area planning and development commission shall become effective unless approved by the General Assembly by means of a joint resolution.
HB 1107 Income Tax Credits for Low Flow Toilet Expenses (by Rep. Judy Manning of Marietta) This bill would allow an income tax credit for the expenses involved with the installation of low flow toilets in residential and commercial buildings. Taxpayers who install toilets of 1.6 gpf or less are eligible for credits of up to $100 per replacement of not more than three toilets in a residential building and not more than six toilets in a commercial building within a single tax year.
HB 1128 Income Tax Credits for Low Flow Toilets (by Rep. Shelia Jones of Atlanta) This bill would allow an income tax credit of up to $50 per installation of a 1.6 gpf low flow toilet or up to $100 per installation of a 1.28 gpf ultra low flow toilet, up to two per single-family dwelling. Credits would only be available for the replacement of non-low flow toilets.
HB 1130 Sales Tax Holiday for Energy and Water Efficient Products (by Rep. Judy Manning of Marietta) This bill would continue the sales tax holiday for energy efficient products and would add ultra low flow toilets with a purchase price of $1,500.00 or less to the sales tax holiday. This bill only adds ultra low flow toilets of 1.28 gpf or less and the toilets cannot be purchased for trade, business or resale.
HB 1139 Sales and Use Tax Increase for Transportation (by Rep. Vance Smith of Pine Mountain) Pending the passage of a Constitutional Amendment (HR 1226) in November, an additional 1% sales tax would be added to all items sold in this state including motor fuels. The revenue from the 1% sales tax on motor fuels would be dedicated to the Local Area Road Program (LARP) and the State Aid Program and would be controlled and distributed by GA DOT. 90% of the funds generated in each Regional Development Center must be spent in that RDC. The 10% not guaranteed to each region would be collected by GA DOT and dedicated to transportation projects upon legislative appropriation.
HB 1140 Income Tax Credits for Water Efficient Products (by Rep. Jeff May of Monroe) This bill would allow for income tax credits for the purchase of water efficient products installed in a taxpayer’s single-family home if the home is the taxpayer’s primary residence. This bill would allow a tax credit of up to $250.00 but not to exceed the actual amount expended.
HB 1145 Creation of Joint Water Authorities (by Rep. Wendell Willard of Sandy Springs) This bill allows for the creation of a joint water authority by two or more counties, two or more municipalities, or a combination of a county and a municipality. The intent of the legislation is to provide an additional and alternative method of providing water to the citizens of Georgia. This bill would not diminish the rights counties and municipalities currently have.
HB 1147 Lien Law (by Rep. Matt Ramsey of Peachtree City) This bill mirrors SB 374, which is the result of the Senate Lien Law Study Committee. GAR attended study committee hearing during the fall and winter. There was discussion about eliminating liens for expenditures of less than $50,000; however, the bill as introduced does not include that language and is mostly technical corrections to the lien filing process, with the addition of the notice of contest response to a lien filing.
HB 1203 Tax Exemption for Renovation or Construction of Residential Housing for a Nonprofit Organization (by Rep. Alan Powell of Hartwell) This bill would provide a tax exemption for sales of tangible personal property used in the construction or renovation of residential housing to 501(c)(3) nonprofit organizations who build affordable housing for those in need.
HB 1215 Use of School Tax Funds in Tax Allocation Districts (by Rep. Steve Davis of McDonough) This bill is a direct reaction to the Georgia Supreme Court decision that invalidated the use of school tax funds in tax allocation financing for redevelopment purposes. The intent of the bill is to codify the Supreme Court decision.
HB 1226 Georgia Water Supply Act of 2008 (by Rep. Mike Coan of Lawrenceville) See SB 342
HB 1258 Selling or Closing Manufactured Home Parks (by Rep. Virgil Fludd of Fayetteville) This bill would prohibit an owner of a manufactured home park from selling the park or closing the park without giving 120 days notice to the residents. The residents would be granted first right of refusal and have a reasonable time period to purchase the park.
HB 1259 Income Tax Credits for Clean Energy Properties (by Rep. Richard Royal of Camilla) This bill would provide for income tax credits for construction, purchase, or lease of clean energy tangible property that is placed into service between July 1, 2008 and June 30, 2015. Clean energy property is defined in the bill and includes equipment utilizing renewable biomass resources, solar energy equipment, wind equipment, fuel cells, EnergyStar-compliant products, etc.
HB 1264 “BETTER” Tax Reform Plan (by Rep. Virgil Fludd of Fayetteville) This bill would create the “Better Economy Through Tax Equity Reform (BETTER) Plan.” Under this plan, all tangible personal property constituting the inventory of a business shall be exempt from all ad valorem taxation. This bill also changes individual income tax rates and tables, provides income tax credits for ad valorem tax expenses, provides tax exemptions from sale of natural gas and fuels, increases the tax on tobacco, and provides a 50% cut in ad valorem taxes on motor vehicles.
HB 1291 Tax Distribution When a TAD is Created Within a CID (by Rep. Pedro Marin of Duluth) This bill says that when a tax allocation district (TAD) is created within a community improvement district (CID), all or part of the ad valorem property taxes levied by the CID may be included in the computation of tax allocation of the TAD if the administrative body of the CID finds the inclusion is consistent with the constitutional purpose of the tax.
HB 1295 Issuance of Tax Allocation Bonds by Two or More Political Subdivisions (by Rep. Harry Geisinger of Roswell) This bill would allow for the issuance of tax allocation bonds by two or more political subdivisions as well as allowing two or more political subdivisions to create tax allocation districts (TAD).
HB 1317 Neglected Properties and Public Nuisance (by Rep. Bob Holmes of Atlanta) This bill says that it shall be unlawful for any person who owns, controls, or is the responsible agent of a vacant structure to maintain that structure in a neglected condition. The structure must be vacant for more than 30 days and also applies to manufactured homes. If a structure does not meet the requirements for the maintenance of an unoccupied structure it will be deemed a public nuisance. When a local government determines that a vacant structure constitutes a public nuisance, they will notify the owner by written notice of the violation and give the owner a reasonable amount of time to abate the violation. If the owner does not abate the violations, the local government can abate the violations at the expense of the property owner. If costs are not paid by the owner within 30 days of abatement, a lien can be placed on the property.
HB 1319 Delivery Notice of Foreclosure (by Rep. Bob Holmes of Atlanta) This bill would change the time for delivery notice of initiation of foreclosure proceedings from 15 days to 90 days before the date of the proposed foreclosure. Also, during the time period between the giving of the notice and the exercise of the power of sale, the debtor shall have the right to cure the foreclosure by paying the full amount of payments that are past due along with any late fees and charges. If the debtor pays all past due sums, late fees and charges, the creditor shall not proceed with the foreclosure.
HB 1320 Foreclosure of Tenant-Occupied Property (by Rep. Bob Holmes of Atlanta) This bill says that upon a foreclosure of residential real property, the tenant of the foreclosed property shall be deemed a tenant at will.
HB 1322 Xeriscaping and Covenants (by Rep. Calvin Hill of Canton) This bill prohibits covenants which prohibit xeriscaping. Xeriscaping refers to landscaping in ways that do not require supplemental irrigation.
HB 1360 Water Sub-Metering (by Rep. Judy Manning of Marietta) This bill says that an owner or operator of a newly-constructed building or structure (permitted after January 1, 2009) containing residential units shall install sub-metered water measuring equipment. Each tenant shall be charged separately for water service and shall not be charged more than the total of the amount they used plus a reasonable fee for service and billing.
HB 1401 General Contractors Licenses (by Rep. Jay Neal of LaFayette) This bill states that any person who holds a current and valid General Contractors license issued by another state or territory of the United States and is a legal resident of Georgia shall be eligible for licensure in Georgia regardless of whether reciprocal agreements have been entered into by the other board or state in which they are licensed. In short, if a General Contractor holds a valid license in another state, they will not have to sit for the Georgia exam in order to obtain a license.
HB 1413 Mortgage Fraud/Foreclosure (by Rep. Billy Mitchell of Stone Mountain) This bill seeks to make residential mortgage fraud committed upon homeowners threatened with or going though the foreclosure process a criminal offense.
HB 1438 Foreclosure Rescue Fraud Prevention Act (by Rep. Mable Thomas of Atlanta) The intent of this bill is to prevent unfair practices in foreclosure rescue transactions. It says if a homeowner transfers title to a home as part of a foreclosure rescue transaction, the homeowner’s intent is to provide security for the loan of money to avoid foreclosure, not to transfer the home to the rescuer. It also says that all foreclosure rescue transactions comply with lending laws, and that all foreclosure rescue transactions will be deemed to be equitable mortgages. This bill requires that the grantee give the homeowner a reasonable opportunity to retain the home and that if the homeowner fails to repay the mortgage, the grantee may recover the balance of the mortgage by way of foreclosure. This bill mirrors SB 527.
HR 1013 Property Assessment Freeze (by Rep. Kevin Levitas of Atlanta) A Constitutional Amendment to allow the General Assembly to freeze the assessment of property with respect to any or all ad valorem taxes. This law would allow the freeze of property assessments but would allow for annual or periodic adjustments in valuation or exemption. If passed, a property assessment freeze would not immediately be put into place, but a question would be placed on a statewide ballot, which would require the majority of voters to support in order to pass. If the ballot question passes, the General Assembly would then be allowed by the Constitution to implement a property assessment freeze.
HR 1033 Urging the Requirement for Water Conservation Measures in New Construction (by Rep. Karla Drenner of Avondale Estates) This is an urging resolution that would have no binding effect, but would simply state the will of the House of Representatives if passed, to urge the Department of Natural Resources to require certain water conservation measures in new construction. Among the conservation measures being urged are requiring subdivisions with 12 or more new homes or industries whose water consumption is 10,000 gallons per day or more to be connected to municipal sewage systems. Also, they would be urged to require new construction to be mandated to install low flow shower heads. These measures are urged to become effective January 1, 2009.
HR 1169 Ad Valorem Taxes of Blighted Properties (by Rep. J. Craig Gordon of Savannah) A Constitutional Amendment that intends to establish a program by which properties determined to be blighted may be assessed for taxes at different rates or valuations in order to encourage the revitalization of blighted areas.
HR 1170 Base-value Exemption from County Ad Valorem Taxes (by Rep. Kevin Levitas of Atlanta) A Constitutional Amendment that would allow counties to vote on local referendums to provide for base-value exemptions from county ad valorem taxes for county purposes. These exemptions would be for homestead and non-homestead properties in an amount equal to the amount by which the current-year assessed value of the property exceeds the base value of the property. This would effectively freeze such taxes if approved by local referendum.
HR 1226 Sales and Use Tax Increase for Transportation Purposes (by Rep. Vance Smith of Pine Mountain) A Constitutional Amendment that if passed in November, would add an additional 1% sales tax to all items sold in this state including motor fuels. The revenue from the 1% sales tax on motor fuels would be dedicated to the Local Area Road Program (LARP) and the State Aid Program and would be controlled and distributed by GA DOT. 90% of the funds generated in each Regional Development Center must be spent in that RDC. The 10% not guaranteed to each region would be collected by GA DOT and dedicated to transportation projects upon legislative appropriation. HB 1139 is a companion to this resolution.
HR 1246 The Property Tax Reform Amendment (by Rep. Glenn Richardson of Hiram) The Senate Finance Committee has changed the Speaker’s tax plan. The Senate version will continue to freeze property tax assessments at their 2008 levels. The Senate plan would cap annual property tax assessment increases of residential and non-residential properties at the government inflation rate. New construction, properties with additions or improvements, and properties sold or transferred will be assessed at fair market value. Local constitutional amendments which freeze ad valorem taxes on real property would stand, unless repealed. The Senate plan removes the elimination of ad valorem taxes on vehicles.
HR 1273 Sales Tax on Motor Fuels for Transportation (by Rep. DuBose Porter of Dublin) A Constitutional Amendment that would mandate 25% of the funds derived from the sales and use tax on motor fuels be used for transportation purposes.
HR 1364 Funding for Community Redevelopment (by Rep. Chuck Martin of Alpharetta) A Constitutional Amendment that would give the General Assembly the ability to authorize any county, municipality, or housing authority to undertake and carry out community redevelopment. The General Assembly could also give local governments the ability to issue tax allocation bonds for redevelopment purposes.
HR 1669 Property Tax Assessment Cap of 5% Annually (by Rep. Tommy Smith of Nichols) This Constitutional Amendment says that the assessed value of real property for ad valorem tax purposes shall not be increased by more than 5% above the assessed value of the previous year. New construction, additions or other improvements would be assessed at fair market value.
For more in depth coverage on major issues please refer to GAR’s grassroots report, The Legislative Link, or video updates via The Political Report.
