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Legislative Update - Week 2

Posted By: Stephen Davis

Property Management Legislation

Crime and Safety Notices to Tenants (HB 138)                       
Rep. Mainor, D-Atlanta

Assigned to the House Judiciary Committee on Jan-28
HB 138 requires landlords to obtain and provide notice to existing and prospective tenants regarding crimes occurring on the premises.  Click here for additional information.
 
Description of Rental Property (HB 184)                                     
Rep. Lim, D-Norcross

Assigned to the House Agriculture & Consumer Affairs Cmte on Jan-29
HB 184 prohibits the false representation of a residential rental dwelling as having certain characteristics, meeting certain standards, or being in a certain state of repair or condition.  Misrepresentation constitutes an unfair trade practice, OCGA 10-1-393.
 
Local Government Funding Database (HB 180)                           
Rep. Lim, D-Norcross

Assigned to the House Governmental Affairs Cmte on Jan-29
HB 180 requires state and local governments to maintain databases of sources of funding available to members of the public and prescribes minimum requirements for the updating and publication of the databases.  While the Association is still reviewing the specifics of the legislation, it may encompass rental assistance and other housing-related programs.
 
Childhood Lead Exposure Study Committee (HR 52)              
Rep. Dempsey, R-Rome

Assigned to the House Health & Human Services Cmte on Jan-29
HR 52 creates the Joint Study Committee on Childhood Lead Exposure, noting that a leading source of exposure is older residences.

Property Taxation & Valuation Legislation

Taxation of Condemned Property (HB 137)                              
Rep. Scoggins, R-Rydal

Assigned to the House Ways & Means Committee on Jan-27
HB 137 clarifies that otherwise taxable income resulting from compensation to a taxpayer for the governmental condemnation of the taxpayer's real property is not subject to state income tax.
 
Terminate Exemption for Public Property (HB 151)        
Rep. Burnough, D-Riverdale

Assigned to the House Ways & Means Committee on Jan-27
HB 151 terminates an exemption from ad valorem taxation for public property owned by a political subdivision outside of its territorial limits that is developed by grading or other improvements to the extent of at least 25 percent of the total land area and has facilities actively used for a public or governmental purpose.

Code Enforcement, Land Use & Development Legislation

Alternative Plan Review (SB 49)                                                   
Sen. Dixon, R-Buford

Assigned to the Senate State & Local Government Cmte on Jan-29
SB 49 provides procedures for alternative plan review, permitting, and inspection by private professional providers, allowing applicants to elect to retain, at their own expense, a private professional provider at the onset of the review, permitting, and/or inspection process.
 
Zoning Procedures Clearinghouse (HB 186)                                
Rep. Lim, D-Norcross

Assigned to the House Governmental Affairs Cmte on Jan-29
HB 186 requires local governments to compile all notice of hearings on actions resulting in zoning decisions and post them on the local government's website.
 
Local Ordinances and Codes Clearinghouse (HB 187)                  Rep. Lim, D-Norcross
Assigned to the House Governmental Affairs Cmte on Jan-29
HB 187 requires county and municipal governing authorities to provide a compilation of all local ordinances, property maintenance codes, codes of technical regulations, and associated fines and penalties.
 
Tax Credits and Bonds (HB 66)                                                   
Rep. Oliver, D-Atlanta

Pending in the House Governmental Affairs Committee
HB 66 provides that local school systems, counties, and municipal governing authorities can become parties to bond validation hearings.

Court Fees & Judicial Legislation

Compensation of Sheriffs (HB 129)                                       
Rep. Watson, R-Moultrie

Assigned to the House Public Safety & Homeland Security Cmte on Jan-27
HB 129 increases the state-mandated minimum salary of sheriffs serving counties with a population between 39,000 and 49,999 residents.  The salary increase appears limited to sheriffs in Laurens, Colquitt, Baldwin, Thomas, Habersham, Coffee, Polk, Tift, and Murray Counties.

General Business Legislation

S-Corp Income Tax (HB 149)                                              
Rep. Williamson, R-Monroe

Assigned to the House Ways & Means Committee on Jan-28
HB 149 allows registered S-Corporations to deduct state and local taxes on their federal tax return, as was allowed before recent federal tax reform.
 
Noticed Required by Employers (HB 181)                                    
Rep. Lim, D-Norcross

Assigned to the House Industry & Labor Cmte on Jan-29
HB 181 requires employers to provide new employees with personal copies of any notices required to be posted in the workplace.
 
Tax Credit Return on Investment Act (SB 6)                              
Sen. Albers, R-Roswell

Favorably reported from the Senate Finance Cmte on Jan-27
SB 6 provides for independent economic analyses to be procured by the Office of Planning and Budget for certain tax benefits upon request by the chairpersons of Ways and Means and Finance.

Legislative Index & Additional Information

HB 138: Crime and Safety Notices to Tenants                                            
Rep. Mainor, D-Atlanta

HB 138 requires landlords to provide notice to existing and prospective tenants regarding crimes occurring on the premises being leased.  The landlord or manager of an apartment building or complex with ten or more residential units must obtain from law enforcement a summary or listing of specific crimes “that occurred on or in such property constituting the” apartment complex.  Specific crimes include the commission or attempted commission of murder, assault, battery, aggravated assault, aggravated battery, rape, peeping tom, gang-related crimes, burglary, theft, or felony drug crimes.  This applies to instances where these crimes were reported or investigated by law enforcement.
 
For current residents, the landlord must notify all residents every six months of the summary or listing of crimes of the preceding six-month period.  The landlord is required to maintain records of the notification.  For prospective residents, the landlord must provide a summary or listing of crimes for the preceding year.
 
Failure to provide notices or maintain records of notification is deemed an unlawful practice in renting dwellings under state fair housing law, OCGA 8-3-4.