State
Click here to view the 2009 Final Report
Previous Reports 1/21/08 | 2/1/08 | 2/8/08 | 2/15/08 | 2/22/08 | 2/29/08 | 3/14/08 | 2008 Final
Priorities:
Tax Issues:
HB 63: Aims to provide for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Status: HB 63 was passed and adopted by the House on 3/5/2009. It is now in the Senate Committee on Finance.
http://www.legis.state.ga.us/legis/2009_10/sum/hb63.htm
HB 438: Aims to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects.
Status: HB 438 was passed and adopted by House on 3/10/2009. It has been assigned to the Senate Finance Committee.
http://www.legis.state.ga.us/legis/2009_10/sum/hb438.htm
HB 439: Aims to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state.
Status: HB 439 was passed and adopted by the House on 3/12/2009. It has been assigned to the Senate Finance Committee.
http://www.legis.state.ga.us/legis/2009_10/sum/hb439.htm
Property Value assessments and valuations:
HB 233: Aims to change the definition of taxation on property and to provide for a moratorium period during which valuation increases of real property shall be limited.
Status: The House passed and adopted this bill on 2/12/2009 and the Senate passed and adopted this bill on 2/26/2009.
http://www.legis.state.ga.us/legis/2009_10/sum/hb233.htm
HR 1: Aims to freeze property values of both commercial and residential properties.
Status: This bill is being reconsidered in House Rules. It failed to receive the 120 votes necessary to pass as a resolution. HR1 is in House Rules to be reconsidered and has not yet moved.
http://www.legis.state.ga.us/legis/2009_10/sum/hr1.htm
HB 517: (Companion Bill to HR 1) Aims to provide for the comprehensive revision of the manner and method of assessing real property; to limit valuation increases of real property; to provide for procedures, conditions, and limitations; to provide for applicability to certain types of real property; to provide for the manner and method of increasing or removing mill limitations regarding school systems and municipalities; to provide for optional discontinuation procedures.
Status: House Ways and Means Committee read this bill for the second time on 2/25/2009.
http://www.legis.state.ga.us/legis/2009_10/sum/hb517.htm
2008 Bills
PASSED HB 89: Changes the laws that deal with carrying guns on public and private property including work. The law does however state that, “No employer, property owner, or property owners’ agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employees’ automobile. HB 89 Continues to outlaw the concealment of a gun at church and public gatherings.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb89.htm
Status: House and Senate Agree to Conference Committee Report 4/4/2008
DEAD HB25: Aims to increase community participation in development impact fee advisory committees and to provide for the expenditure of impact fees. A maximum amount of impact fees which may be imposed with respect to the construction of a new single-family residence is defined.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb25.htm
Status: House Pre-filed 12/14/2006
PASSED HB 1132: "Uniform Environmental Covenants Act.” Aims to create an environmental covenant, “servitude arising under an environmental response project that imposes activity and use limitations,” that requires property owners be held accountable for environmental practices and agreements on the property. Any unlawful acts, as set out by the State of Georgia in accordance to the Department of Natural Resources, will fall under the patrol of the Environmental Protection Division of the Department of Natural Resources.
http://www.legis.ga.gov/legis/2007_08/sum/hb1132.htm
Status: House Agrees to Senate Substitute 4/1/2008
Senate Passage by Substitute 3/28/2008
PASSED *HB 1160: Aims to provide for the severance of transferable development rights. Development rights shall be executed by the affected property owners and lien holders and recorded in the county superior court clerks’ office and in a separate registry maintained by the municipal or county governing authority.
http://www.legis.ga.gov/legis/2007_08/sum/hb1160.htm
Status: House Agrees to Senate Substitute 4/2/2008
Senate Passed with Substitute 4/1/2008
DEAD HB 138: Aims to provide for the rejection of construction contracts when contractors, subcontractors, low tier subcontractors, or material men do not provide required insurance coverage. HB 138 creates a deadline for upstream parties in a construction contract to notify the downstream party of contractual insurance deficiencies. The committee substitute of HB 138 states that if the upstream party does not notify the downstream party of the insurance deficiency, and work is completed and paid for, then the upstream party is deemed to have accepted the insurance for the work performed.
http://www.legis.ga.gov/legis/2007_08/fulltext/hb138.htm
Status: House Judiciary 1/25/2007
*Please note that in addition to all of these bills, we also tracked dozens of bills concerning Redevelopment Powers granted to cities, counties, and municipalities to make sure that the bills did not adversely affect NAIOP. Under the “Redevelopment Powers Law” the General Assembly must grant Redevelopment Powers to either a city, county, or municipality in order for the city, county, or municipality to carryout community redevelopment. Once Redevelopment Powers are granted, tax exemptions may be given to persons, firms, or corporations which create job opportunities within the enterprise zoned for unemployed, low, and moderate income persons. The communities given the powers may also take additional advances to rehabilitate the communities as described in Article IX of the Constitution.
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