Newly Created Cities Legislation Makes Another Appearance in the General Assembly

Again this session, many communities across the state are pushing hard for the formation of new cities.  The cities of South Fulton, Tucker, and LaVista Hills are all in the works, as the three bills, House Bill 520, House Bill 515 and Senate Bill 140 each  passed through the House State Government Administration Subcommittee this week.  The legislation will now move to the House Governmental Affairs Committee for further consideration.

The LaVista Hills effort is organized by a union of the Lakeside and Briarcliff cityhood movements which joined forces last year to create "LaVista Hills YES." If House Bill 520 is approved this year there will be a referendum in November.

Similarly, House Bill 515 proposing the City of Tucker seeks to give DeKalb County citizens more local control.  "Tucker 2015" is the organization driving the efforts behind the bill. 

Below is a map depicting the adjoining cities of LaVista Hills and Tucker.

The City would have a population of 87,478; next would be Roswell at 88,346, with Sandy Springs closely following at 93,8530. If this occurs, it would make South Fulton the 9th largest city in the state. 

Aside from Roswell and Sandy Springs, the other cities that would be larger in population would be:

ATLANTA---420,279

AUGUSTA---195,844

COLUMBUS---189,885

MACON---155,547 

SAVANNAH---136,286

ATHENS---115,452

This bill prohibits local agencies from entering into non-disclosure agreements. According to the bill, all agencies shall fully disclose without delay, any communications regarding any terms and conditions of any agreement, incentive or offer made or entered into by the agency, directing the Attorney General to sanction any individual, on behalf of an agency, who enters into a non-disclosure agreement in violation of this proposed law. Furthermore, it allows any citizen, in addition to the Attorney General, to initiate civil action to compel the disclosure of any matters covered in a non-disclosure. 

• Calls for the conversion of the sales tax on motor fuel, currently at 4% to an excise tax, adjusted annual to keep pace with fuel efficiency of vehicles to 29 cents a gallon.
• Phases out all local sales taxes on motor fuel (through local SPLOSTs). This allows local governments to honor their bond obligations and delivery of projects already approved by their voters.
• Future Special Local Option Sales Tax (SPLOST) and Education Special Local Option Sales Taxes (ESPLOST) may be levied on motor fuels but the portion of revenue generated from gas taxes must be used for transportation purposes. 
• Any collection of future MOST taxes will now be collected at 1.25% versus the current 1%.
• Repeals the $5,000 tax credit for the purchase of electric vehicles.
• Expands the definition of transportation purposes to include roads, bridges, public transit, rails, airports, buses, seaports, and all related infrastructure and services necessary to provide access to transportation facilities.
• Removes the Governor's ability to suspend collection of motor fuel and aviation fuel taxes, except when a state of emergency is declared.

This legislation revises terminology within the Urban Redevelopment Law. Specifically, the outdated terms "Slum Area" and "Slum Clearance and Redevelopment" are replaced with  "Pocket of Blight" and "Pocket of Blight Clearance and Redevelopment" respectively. It also eliminates the definition of slum area and adds new definitions to the new terms.  The latest version of this bill strikes the originally proposed definitions for 'sponsoring local government' and 'surface transportation project.'

Council Position: Evaluating

• Cuts the income tax burden on Georgia families by over $2.5 billion
• Households making $29,500 or more will see an increase in take home pay
• Households bringing in $48,000 (the median Georgia household income) will keep $400 extra annually
• Reduces income tax rate to 4% over a period of three years (2016: 4.5%, 2017: 4.25%, 2018: 4.0%)
• Keeps itemized deductions and personal tax exemptions
• Raises general state sales tax by 1% on January 1, 2017, which will raise the current tax of 4% to 5%
• Phases in a grocery state sales tax over a four year period (2016: 0%, 2017: 3%, 2018: 4%, 2019: 5%) with each 1% contributing $130 million to the state budget.  Food stamp purchases will be exempt from the grocery tax.
• Implements a flat communications service tax beginning on January 1, 2016: state telecom: 5%, state cable: 5%, state direct broadcast satellite (DBS): 7%, local telecom: 1.25%, school telecom: 0.75%, local cable: 2%
• Increase the current cigarette excise tax over three years (2017: $0.45, 2018: $0.55, 2019: $0.65)

Council Position: Evaluating

The bill would amend Georgia law to allow for public agencies to engage with private-sector parties in public-private partnerships to meet current and future needs for government facilities and infrastructure. This would allow private firms to submit unsolicited proposals for projects that have been identified as a public needs.

Council Position: Support

Senate Bill 85: Development Authorities

Sponsor: Senator Brandon Beach (R)

Senate Committee: Economic Development & Tourism

House Committee: Governmental Affairs

Status: Senate Passed/Adopted on 3/3/15; House First Readers

This bill is intended to rectify an internal inconsistency within the definition of "Project" in the Development Authorities Law (the "Law").  This definition in the current version of the Law contains both a lengthy listing of categories of allowable projects, as well as a broad discretionary provision, which was included as a subsequent addition to the law in order for this definition to mirror the comparable provision in the Downtown Development Authorities Law.  

By deleting the older, specific, definitional provisions, while retaining the general discretionary provision already in the law, this bill would eliminate unnecessary confusion and debate, without seeking to change past practices or expand or reduce any development authority powers.  For further analysis, click HERE.

Council Position: Support

Sponsor: Senator Ben Watson (R)

Senate Committe: Natural Resources and the Environment

House Committee: Natural Resources & Environment

Status: Senate Passed/Adopted by Substitute on 3/2/15; House Second Readers

The bill provides for a buffer against coastal marshlands within which certain land-disturbing activities are prohibited. The buffer would be measured in the same way the 25-foot buffer is laid out in the Coastal Marshlands Protection Act, with a few exceptions established.

Council Position: Support

This bill would allow the state to continue to toll drivers even after construction costs have been recouped.  This stands to affect the to massive toll projects, costing over $1 billion to construct, currently underway along I-75/I-575 in Cobb and Cherokee counties and along I-75 in Henry and Clayton counties.

This bill creates a charter for the proposed City of South Fulton, which would be subject to voter approval in a local election.

Sponsor: Senator Brandon Beach (R)

Senate Committee: Transportation

Status: Senate Read and Referred; Heard in Committee on 3/4/15 -- No Vote

Sponsor:  Senator John Albers (R)

Senate Committee: Finance

Status: Senate Read Second Time

This bill creates a Study Committee to examine the current state tax exemptions and the impact on the Georgia economy, in order to understand the value and assess which exemptions help stimulate the state's economy and benefit all Georgians through job creation.

Council Position: Support