2017 Legislative Session
Legislative Days 32 – 35
March 17, 2017
Flow of Legislation Slowly Resumes
This week the General Assembly was in session Monday through Thursday. Despite a busy
committee meeting schedule, many bills were only given hearings. Keeping a bill trapped in
committee allows the committee chair to use it as leverage to nudge along priority legislation
that has stalled in the opposite chamber.
This was no more evident than in the Rules Committees, where very few bills were placed on
debate calendars, despite a growing list of eligible legislation. The stalemate began to turn at
the end of the week and the House and Senate will consider a combined 18 bills when they
return on Monday. With only five legislative days remaining, the pace will continue to quicken
as sine die approaches.
Priority Legislation
SB 2: The FAST Act by Sen. Mike Dugan, R-Carrollton
Pending in the House Small Business Development Committee
SB 2 attempts to support Georgia’s businesses by creating efficiency and transparency in the
permitting and licensing process at the state and local level. The bill has been amended to
require that an applicant initially only pay 50% of permitting or licensing fees, with the balance
to be paid before the license, certificate or permit is issued.
The legislation requires state and local government agencies to establish a fee schedule that
will include turnaround times. If the agency fails to meet that schedule, the fee will be reduced
by 10% for every ten days past the deadline. In addition, agencies will be required to offer
expedited processing, which can be no more than twice the original fee.
The bill also requires state agencies that engage in site visits to provide “reasonable notice” to
the licensee of the date and time of the visit and when possible, conduct visits during non-peak
hours.
The Association has voted to officially support this bill and members are currently contacting
the House Small Business Development Committee to urge them to favorably report the bill
when they meet next week. To learn how you can support the Association’s effort, please
contact your Government Affairs Team today.
2017 Legislative Report
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Management & Property Rights
HB 280: Campus Carry by Rep. Mandi Ballinger, R-Canton
Favorably reported from the Senate Judiciary Committee on 3/16
Similar to legislation vetoed by Governor Nathan Deal following the 2016 session, HB 280
permits licensed weapons carriers over the age of 21 to carry weapons in most building or
property owned or leased to a postsecondary school.
HB 149: Trauma Scene Cleanup Services by Rep. Alan Powell, R-Hartwell
Pending in the Senate Rules Committee
This legislation requires the Georgia Bureau of Investigation to license and regulate trauma
scene waste cleanup providers. The bill tightens a variety of definitions, including that of
“trauma scene” to limit it to sites of homicide, suicide or advanced decomposition of a human
body. The term “regulated waste” is also narrowly defined to pathological and biological waste
products and sharps, including needles and scalpels. The legislation clarifies that it does not
affect an individual or business cleaning their own property.
SB 159: Criminal Trespass and Damage to Property by Sen. Lee Anderson, R-Grovetown
Pending in the House Judiciary Non-Civil Committee
SB 159 clarifies that a person is guilty of criminal trespass if they enter onto property that has
been clearly marked by purple paint on trees or fence posts. Landowners, particularly in rural
parts of the state, report that “no trespassing” signs are expensive and deteriorate quickly.
Nearly a dozen other states recognize purple paint as posted notice of no trespassing.
The Association also continues to monitor these other property management issues:
•
HB 251: Private Property in an Emergency. This bill authorizes Department of
Corrections’ personnel and individuals in their custody to enter onto private property
during a declared state of emergency or disaster in the performance of their duties. The
bill clearly reinforces private property rights and clarifies that responders will not come
onto or remain on private property if so instructed by the owner.
•
HB 39: Real Estate Disciplinary Actions. HB 39 gives the Real Estate Board additional
flexibility when determining disciplinary actions against real estate appraisers, brokers
and salespersons. This bill is now eligible for enactment by the Governor.
Taxation
HB 325: Income Approach by Rep. Ron Stephens, R-Savannah
2017 Legislative Report
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Pending in the Senate Rules Committee
HB 325 mandates that that the income approach be considered to determine fair market value
of income-producing property if the property owner provides actual income and expense data.
HB 204: Property Tax Bills by Rep. Brett Harrell, R-Snellville
Pending in the Senate Finance Committee
For the last several years, the author has pursued legislation to prohibit cities and counties from
including any nontax related fees or assessments on property tax bills. The author’s primary
concern is that when tax bills contain other assessments and fees, the municipality can place a
tax lien on the property even if payment is sufficient to cover the property tax charges.
The Association also continues to monitor this other taxation issue:
•
HB 59: Historic Structure Rehabilitation. HB 59 increases the credit cap to $50 million
per calendar year for certain historic structure rehabilitation projects.
•
HB 428: Downtown Development Authorities. HB 428 clarifies that certain
assessments levied by downtown development authorities can only be levied and
collected when a written contract is properly executed, the contract is administratively
acknowledged and when the notice of assessment is recorded in the property records of
the relevant local jurisdiction.
Code Enforcement, Planning & Development
The Association is monitoring these code enforcement, planning and development issues:
•
SR 224: Storm Water Fees. This resolution creates a joint study committee on stormwater management fees. Having been authorized by both chambers, this study
committee will meet during the interim.
•
SR 152: Stream Buffers. This resolution calls for a joint study committee on stream
buffers in Georgia to recommend legislation that balances water protection and private
property rights. This study committee has also received the necessary approval to meet
after session adjourns.
•
HB 271: Shore Protections. This bill updates landward boundaries for private property
to 25 feet landward from the ordinary high water mark.
2017 Legislative Report
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Transportation & Economic Development
HB 434: Blighted Properties by Rep. Wendell Willard, R-Sandy Springs
Favorably reported from the Senate Judiciary Committee on 3/16
Existing state laws requires for all properties condemned through eminent domain for blight to
be maintained as a public use property for at least 20 years from the initial condemnation.
Local governments contend that this 20-year requirement creates a practical barrier to
returning properties to productivity. HB 434 eliminates the 20-year hold, but requires that any
property condemned as blight continue as the same land use for 5 years, after which the
property can be repurposed under normal zoning procedures. Judicial action in a public
hearing is still required to condemn the property.
HB 342: Enterprise Zones by Rep. Chuck Efstration, R-Decula
Favorably reported from the Senate Finance Committee on 3/15
HB 342 allows for a sales tax exemption for urban redevelopment areas that have been
chronically underdeveloped for at least 20 years and contain a redevelopment project having a
minimum $400 million projected capital investment.
HB 73: Incentives for Downtown Revitalization by Rep. Penny Houston, R-Nashville
Favorably reported from the Senate Finance Committee on 3/15
This bill provides tax credit incentives to promote the revitalization of vacant rural Georgia
downtowns and will be overseen by the Department of Community Affairs and the Department
of Economic Development. The bill includes a property development tax credit of up to
$125,000 for investors who acquire and develop property within the revitalization zone and a
rehabilitation tax credit of up to $150,000. The Senate Finance Committee amended the
legislation to limit the number of revitalization zones allowed statewide.
The Association is monitoring these transportation and economic development measures:
•
HB 160 & SB 6: Transit Planning. These bills create similar commissions/councils that
are charged with developing a statewide strategic plan for delivering transit and
transportation services.
•
SB 183: State Road and Tollway Authority. This bill revises the powers and authority of
the State Road and Tollway Authority and allows it to extend credit or make loans as
part of a public-private partnership.
Courts & Court Fees
HB 15: Electronic Filing Court Fees by Rep. Wendell Willard, R-Sandy Springs
Favorably reported from the Senate Judiciary Committee on 3/16
2017 Legislative Report
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Starting January 1, this bill requires all pleadings and other related documents filed in
conjunction with a civil case in a state or superior court to be filed electronically through the
court’s electronic service provider. The provider may charge up to $7 per transaction plus a
credit card service fee and transaction fee.
General Business
HB 221: Power of Attorney by Rep. Chuck Efstration, R-Dacula
Favorably reported from the Senate Judiciary Committee on 3/16
HB 221 updates and conforms provisions relating to powers of attorney to align with the
Uniform Law Commission. This act provides a simple way for people to deal with their property
by providing a power of attorney in case of future incapacity. While chiefly a set of default
rules, the act also contains safeguards for the protection of an incapacitated principal.
Analysis provided by the Uniform Law Commission
HB 192: Responsibilities of Directors by Rep. Beth Beskin, R-Atlanta
Favorably reported from the Senate Banking and Financial Institutions Committee on 3/15
HB 192 is the result of a 2014 Georgia Supreme Court ruling that permits members of a failed
bank’s board of directors and other officers to be held personally responsible for losses if they
were found to be negligent in their fiduciary responsibilities. This bill enhances the liability
protection for board members and only allows courts and juries to hold directors and officers
personally liable in cases of gross negligence, fraud or bath faith.
HB 87: Multi-Year Registrations by Rep. Brad Raffensperger, R-Johns Creek
Favorably reported from the Senate Economic Development and Tourism Committee on 3/14
HB 87 allows for three-year registrations for most types of business organizations, including
non-profits, partnerships, and limited liability companies. Companies who choose to register
their business for more than one year and need to update information during that time will
continue to be assessed a change fee. The Senate Economic Development Committee
amended the bill to include provisions originally housed in SB 148, relating to jurisdictional
changes for nonprofit corporations.
The next legislative report will be available on Friday, March 24
2017 Legislative Report
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