July 1st: What Is Legal And What Isn't?


When the Georgia Legislative body passes legislation and it is signed into law by the Governor, it doesn’t always mean that law is effective immediately. Some laws are in fact effective upon signing, some are effective on the first day of the fiscal year of the State (July 1st for Georgia), some are effective on the first day of the calendar year, and some have a different date specified in the bill. Below, we will be discussing some of Georgia’s higher profile bill’s that will begin having an impact on July 1st of this year. It’s important to note, this is not all of the bill’s with a July 1 start date.

Handsfree-Driving

On July 1, the hands-free driving bill will become law. You’ll need to either use speaker phone or a Bluetooth device to talk on the phone while driving. The big piece of this bill to keep in mind when deciding whether to use your phone while driving or not is “drivers in our state cannot hold or support with their body a mobile phone”.

If a police officer sees you holding or supporting your phone with your body, including it being raised to your ear, there is going to be a problem. Get a mount for your phone. Use it as a GPS (which is allowed), and get familiar with Siri (Apple Iphones) or similar technologies with other phones. If you don’t, you’re going to wind up being pulled over at some point and pay a fine.

Remember - you can touch your phone to make a call and use your GPS, but other than that, get used to a hands-free life in Georgia.

Fireworks – more control given to localities

HB 419 allows local counties and municipalities in Georgia to further regulate fireworks beyond their present level. A number of localities have struggled with Georgia’s new fireworks law, so this is welcome news for them. It will allow them to adjust the rules, so that if there is an issue with noise or a concern with drought conditions, fireworks may be limited or even eliminated entirely. Fireworks are still legal in Georgia, however, on July 1, your city or county could decide to tighten the rules.

Brunch Bill – alcohol now served earlier on Sundays

With the passage of Senate Bill 17, you can have a Mimosa (or Bloody Mary) on Sunday mornings now! Residents in each city and county throughout Georgia could now have the opportunity to decide whether their localities should allow the sale of alcohol at restaurants in their communities on Sunday’s beginning at 11am rather than 12:30pm. It’s important to note this new law will change the time for sales at restaurants, but not in grocery or liquor stores.

Georgia State Patrol Markings

HB 809 establishes requirements and guidelines for markings for any vehicle used by the Georgia State Patrol when they stop motorists.

The new law requires all such GSP motor vehicles to be painted in a solid color or in a two-tone uniform color described as follows: The "hood, top, and the top area not to exceed 12 inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color."

This should help clarify some changes so residents can better recognize a Georgia State Patrol vehicle.

Lobbyist Compliance with Sexual Harassment Laws

HB 973 provides that lobbyists shall acknowledge receiving, reading, and agreeing to abide by the sexual harassment policy of the Georgia General Assembly as a condition to lobbyist registration. It additionally states that violation of the sexual harassment policy by a lobbyist shall be grounds for sanctioning and that complaints may be reported to the Georgia Government Transparency and Campaign Finance Commission by the General Assembly with recommendations for said sanctions.

Manufactured Home Sales Tax Exemption

The Georgia General Assembly passed House Bill 871. This piece of legislation addresses adding a sales tax exemption on the purchase of manufactured homes.

  • This bill attempts to level the playing field on taxes paid when constructing a new home vs. purchasing a manufactured home.
  • Adds a sales tax exemption equal to 50% of the sales price of a manufactured home.
    • Installed pursuant to Code Section 8-2-160
    • Placement of a manufactured home or a mobile home on a foundation system.

Georgia Rural Hospital Tax Credit

The Georgia General Assembly, on the final day of session, passed House Bill 769. This piece of legislation addresses the recommendations provided to the general assembly from the House Rural Development Council. A portion of this bill makes some specific changes to the Rural Hospital Tax Credit.

  • January 1 - June 30
    • single individual $5,000 - married couple filing jointly $10,000 - member of an llc, shareholder of an S Corp, or a partner in a partnership $10,000.
  • These limits are removed for the period from July 1 - December 31
  • Credit is matched by state income tax credit at 100% with an overall cap of $60M

The State 2019 Budget Takes Effect

Thanks to the Governor’s passage and signing of HB 684, your Child’s education is now fully funded! This is great news, and can only help when it comes to selling Georgia as the number one state to do business in. Georgia’s public schools haven’t been fully funded in some time, and this is certainly very welcome news for many. Other highlight’s of the state budget include:

  • More than $510 Million in new K-12 funding
  • $167 million to fully fund the Quality Basic Education (QBE) formula
  • $365 million for the Teachers Retirement System to ensure teachers’ pensions maintain solid financial footing
  • $31.6 million in motor fuel funds to maintain and expand Georgia’s highway system
  • $100 million in bonds to repair, replace and renovate Georgia’s bridge network
  • $35 million in bond funds for the Savannah Harbor deepening project
  • $12.5 million in bonds for improvements to state-owned rail systems

For more information, or with questions, please contact Don Cook, Vice President, Legislative Affairs, at 404-504-2935 or don.cook@gscpa.org.