Columbus, Georgia

201 Pryor Street, SW ? Atlanta, Georgia 30303 ? (404) 688-0472 ? Fax: (678)

686-6289

No. 2 www.gmanet.com January 30, 2004



Communication Key at Capitol

City officials need to be in frequent contact with their House

and Senate members, reminding them of the needs of their

community, whether it is about inequities in SPLOST, restrictions

on annexation, downtown development funding or any number

of other issues that affect Georgia's cities. Without the active,

personal involvement of municipal officials across the state,

GMA will not be successful.



SPLOST - Particular attention by Georgia's city officials is

needed on making SPLOST a joint city-county tax. Let your

House and Senate members know that cities want Equal Power,

not veto power when it comes to financing needed infrastructure

improvements.



Trust Funds - GMA asks that city officials also keep up the

pressure on their House and Senate members on maintaining

funding for the Solid Waste Trust Fund and the Hazardous Waste

Trust Fund. Funds that have been earmarked for these programs

are again targeted to be siphoned off to the state's general fund

instead of going to local governments to help pay for mandated

cleanup activities.



Downtown Development - The Governor has recommended

nearly $700,000 for the Georgia Cities Foundation. City officials

need to let their legislators know that this program is an

important tool in the creation of jobs in Georgia's downtowns.



Municipal Powers ? City officials need to be on the lookout for

legislation that attempts to put limits on municipal powers. Of

particular concern is legislation to allow county control over

annexation (see below) and restrictions on local governments

providing CATV and telecommunication services (see below).



Bill Introduced to Give Counties Control Over

Annexation

Staff Contact: Susan Pruett

Introduced by Rep. Glenn Richardson (R-Dallas), and supported

by ACCG as a "forward-thinking piece of legislation," HB 1211 would give

counties the right to stop any

annexation by a city where water/sewer, police, fire or garbage collection is,

or will be, furnished by

the county. The approval of the county would also be needed if the area to be

annexed is included in

the county's comprehensive zoning plan.

HB 1211 would expand state-wide the annexation restrictions cities in

DeKalb County must contend

with. Cities in DeKalb County have not had a meaningful annexation in a number

of years.

House Bill 1211 is pending in the House State Planning & Community Affairs

Committee. GMA urges city

officials to contact their legislators and ask them to oppose this bill.



Industry Targets Municipal Cable & Information Services

Staff Contact: Randy Clements

SB 445, introduced by Sen. Don Balfour (R-Snellville), would make significant

changes to the Local

Government Cable Fair Competition Act of 1999. Of particular concern to local

governments is the

requirement that a referendum must be passed by the voters before a city or

county could provide

cable or other information services.

Speaker of the House Terry Coleman tells city

officials during Mayors' Day that the House of

Representatives understands their concerns with

SPLOST.

How to Contact Your House &

Senate Members

If you don't know how to contact your

House or Senate member, please call

one of the phone numbers, or visit one

of the web sites, listed below.

Clerk of the House

(404) 656-5015

Secretary of the Senate

(404) 656-5040

General Assembly Web Site

www.legis.state.ga.us

GMA Web Site

www.legtracking.gmanet.com



GMA Legislative Alert January 30, 2004 page 2

201 Pryor Street, SW ? Atlanta, Georgia 30303 ? (404) 688-0472 ? Fax: (678)

686-6289



This bill also expands the definition of service from strictly CATV to

"information service" which is

defined as "the offering of a capability for generating, acquiring, storing,

transforming, processing,

retrieving, utilizing, or making available information via telecommunications."

SB 445 would also require 1) an annual projection of revenue and expenses

as well as a cost study of

direct and indirect costs; 2) the government to confer a franchise with itself;

3) the filing of financial

data and other documentation with the probate court each year; and 4) redefines

cross subsidy to

disallow the use of "tax revenues or collections, income from any other public

utility or service, or any

other source."

Senate Bill 445 is pending in the Senate Regulated Industries & Utilities

Committee. GMA urges city officials

to express their concerns about this bill to their Senate members.



ADDITIONAL LEGISLATION

For a complete listing of legislation GMA is following, please visit the online

Legislative Tracking System at

www.gmanet.com.



Inverse Condemnation

Senate Bill 402

Sen. Mitch Seabaugh (R-Sharpsburg)

GMA Staff Contact: Lamar Norton

Current law requires property owners alleging

governmental takings by inverse condemnation

to seek relief in the superior court. SB 402

would allow the special master method of

calculating value to be utilized to determine if

a taking as occurred and the appropriate

measure of damages. Currently, the special

master provision is only available for

condemnation proceedings where the

government admits that a taking of private

property has occurred.

The bill also drastically changes the

calculation of damages for inverse

condemnation actions to include consideration

of losses prior to the day of taking and allow

awards of damages for previous takings.

Senate Bill 402 is pending in the Senate Judiciary

Committee. GMA has concerns about this bill and

will work with the author to resolve them.



Transportation Infrastructure Bank Act

House Bill 1136

Rep. John Lunsford (R-McDonough)

GMA Staff Contact: Gwin Copeland

HB 1136 would create the Georgia

Transportation Infrastructure Bank within the

State Road and Tollway Authority. The bank

would be able to finance transportation

projects. Local governments and private

entities contracting with local governments

would have access to the funds in the bank

primarily in the form of loans. Eligible projects

would include everything from road widening to

transit projects.

There is no new money in the proposal that

would fund the bank and language in the bill

specifically states that state motor fuel tax

funds cannot be diverted to it.

House Bill 1136 is pending in the House Ways &

Means Committee.



Public Water/Sewer System Connections

House Bill 1205

Rep. Ann Purcell (D-Rincon)

GMA Staff Contact: Tom Gehl

HB 1205 would prohibit cities and counties from

requiring connections to public water systems

except when the other source of water is unfit

for human consumption. This bill would also

prohibit the connection to a public sewer

system where an existing on-site or community

sewage system meets all applicable state and

federal regulations. Cities and counties would

also be prohibited from requiring property

owners not connected to the public water or

sewer system to pay for services just because

those services are available.

House Bill 1205 is pending in the House State

Planning & Community Affairs Committee.



Limits on Water Utility Fees Outside of

Jurisdiction

House Bill 1060

Rep. Ron Stephens (R-Garden City)

GMA Staff Contact: Tom Gehl

House Bill 1060 would prohibit a city, county or

local authority from charging for water usage

to customers outside its jurisdiction at a rate

more than 10 percent above the rate charged

to customers inside its jurisdiction.

House Bill 1060 is pending in the House State

Planning & Community Affairs Committee.