Columbus, Georgia

ACCG Legislative Update

2/7/02

Indigent Defense



ACCG supports the Georgia Indigent Defense Council's (GIDC's) request for an

increase to the Judicial Branch for the FY 2003 budget by $4.7 million. Please

urge your legislators to support this proposal. Also, please be sure to advise

them that the county criminal justice system does not generate fees and fines

in excess of the cost of providing the services. There was clearly a

misunderstanding regarding this point on the floor of the House this past week.

Comments were made implying that the revenues generated by court-related fees

and forfeitures made state indigent defense funding unnecessary. We are

concerned that that misunderstanding will erode support for an increase in

indigent defense appropriations. Please advise your legislators that counties

already pay 89% of the cost of indigent defense and that the criminal justice

system is a net drain on county coffers. As such, property taxes are directly

subsidizing indigent defense under the current funding scheme. GIDC's proposed

appropriation would help property taxpayers by raising the state's

reimbursement to counties from 11% to 20% of the cost to provide indigent

defense services statewide.



LARP Rally at the Capitol!



Be on the lookout for an upcoming announcement for a LARP rally at the Capitol.

ACCG and the Georgia Municipal Association (GMA), will host a rally to press

for increased Local Assistance Road Program (LARP) funding. We expect to have a

very large group of county and city officials and staff to make the case for

increased LARP funding - showing that local roads are rapidly deteriorating

because LARP allocations have declined over the past four years while the local

need has grown. Governor Roy Barnes, Lieutenant Governor Mark Taylor, Rep.

Terry Coleman, Chairman, House Appropriations Committee, and Sen. George Hooks,

Chairman, Senate Appropriations Committee have been invited to join us to

discuss the future of LARP funding.



Funding for State Inmates in County Jails



Every year the cost incurred by counties for housing state inmates increases.

Currently 50 county jails are operating over capacity and 11% of the inmates

housed in our county jails are state sentenced inmates. Although counties would

like to be compensated at a rate equal to their actual costs, the political

reality is that increasing the jail per diem to an appropriate level would

create a burden on the state budget at a time when state revenues have been

dramatically impacted by the downturn in our economy. To keep counties from

getting further behind and to minimize the financial impact to the state, ACCG

has proposed an annual inflationary increase in the jail per diem. House Bill

1014, which authorizes the annual inflationary increase, was heard Wednesday

morning in the House State Institutions and Property Committee. Several county

commissioners and sheriffs turned out to support the bill. Although the bill

was not reported out of committee, all the committee members expressed their

support for the bill and promised to take action on the bill as soon as funding

could be found in the FY2003 budget to support the first year's increase.



ECONOMIC DEVELOPMENT & TRANSPORTATION

[Staff: Althea McCoy]



HR 391 Community Redevelopment Tax Incentive Program (Rep. Larry Walker)

This legislation proposes an amendment to the Georgia Constitution to authorize

counties and municipalities to establish a community redevelopment tax

incentive program. Under this program, property owners would have to pay

increased taxes for property maintained in blighted conditions, while taxes

would be reduced for a certain period of time for formerly blighted property

that has been rehabilitated. The county must create the tax incentive program

by passing a resolution, which establishes several key elements for the program

- such as, defining blighted property, specifying the increased rates of ad

valorem taxes to be applied to blighted property, setting standards for what is

considered rehabilitated property and specifying decreased tax rates for

formerly blighted property that has been rehabilitated.

Status: Passed House; pending assignment to Senate Committee

SB 386 Exempting Trucks Carrying Concrete from Weight Limitations (Sen. Nathan

Dean)

This bill would exempt trucks carrying ready-mixed concrete on state and local

roads from weight limitations. While a limited number of these trucks already

travel on local roads and bridges, this legislation would open the door for

more such trucks to travel on county roads. DOT staff has warned that trucks

carrying these heavy loads could cause considerable damage to local roads.

Since counties currently do not have enough money to maintain and repair their

roads and bridges, we certainly do not want to allow local roads to deteriorate

further by allowing a greater number of heavy trucks on them.

Status: Pending in Senate Transportation Committee



GENERAL COUNTY GOVERNMENT

[Staff: Jim Grubiak]



HB 1128 Waiver of Sovereign Immunity (Representative Tom Bordeaux)

HB 1128, authored by House Judiciary Committee Chairman Tom Bordeaux, would

waive the immunity of counties and cities for damages arising out of the

operation of motor vehicles as follows: $500,000 for bodily injury to one

person; $1,000,000 involving a loss with two or more persons in any one

occurrence; and $250,000 for property damage per occurrence. On a positive

note, the bill would also provide that whenever an employee or officer of the

county or city is sued for an act for which the local government is liable, the

county or city must be substituted as the party defendant. In essence, this

provision would protect individual employees and officials from suit when

acting within the scope of their duties. ACCG is concerned about the fiscal

impact of this legislation on counties-particularly the larger urban counties

that are self-insured or uninsured. Consequently, ACCG and GMA have proposed

revisions to the bill that would substantially reduce the waiver cap. The

author has indicated a willingess to look for common ground, and ACCG and GMA

will work with Rep. Bordeaux toward that end.

Status: Favorably reported by House Judiciary Committee; pending in House Rules

Action Alert: Please contact your House members with comments on this bill as

soon as possible. ACCG is opposed to this legislation in its current form

HB 1154 Timber and Pulpwood Harvesting Ordinances (Rep. Johnny Floyd)

Many counties in the state have adopted ordinances to control the impact of

harvesting pulpwood, logs, poles, posts or woodchips on the county road system.

Such operations, if best management practices are not followed, can cause

damage to county roads and create safety problems. Some counties also require

harvesters to post a surety or cash bond to protect the public from such

damage. HB 1154 would require harvesters to provide notice of harvesting

operations to the county governing authority. However, the bill would prohibit

counties from requiring a permit or any bond. In essence the bill would gut the

county's ability to enforce efforts to protect the county roads from damage by

harvesters.

Status: Pending in House State Planning & Community Affairs Committee

HB 1236 Pay for Public Employees on Ordered Military Duty (Rep. Roger Williams)

Under current law, counties are obligated to pay public employees on ordered

military duty their regular salaries for up to 18 in any one continuous period

of absence. HB 1236 would authorize, but not require, counties, cities and

school boards to continue to pay such salaries after the 18 day required period

for however long they choose to do so.

Status: Pending in House Defense and Veterans Affairs Committee

SB 32 Creation of County Boards of Elections and Registration (Sen. Robert

Brown)

In counties where a county board of elections and registration does not already

exist, SB 32 would create such a board effective January 1, 2005. In addition,

where the probate judge currently serves as the elections superintendent, those

probate judges would continue to earn a supplement of $3,562 per year for doing

so even though they would be no longer performing election duties after the

joint board is created. Please review the impact of this bill on your county

and advise your legislators and ACCG as to your position on this legislation.

Status: Passed Senate; pending in House Governmental Affairs

Action Alert: Please contact your House members with comments on this bill as

soon as possible.

HEALTH & HUMAN SERVICES

[Staff: Suzanne Nieman]





SFY2003 Budget - Grant-in-Aid to counties

The most significant health reduction in the SFY2003 budget is $3,500,000 for

the Grant in Aid for County health departments. Ask your legislator what the

total dollar amount will be for your local health department and how the

funding will be replaced. As proposed, the reduction will affect all public

health departments. The funding is through the Division of Public Health in the

Department of Human Resources (DHR).

Status: Pending in House Appropriations Committee



HB 498 Mental Health, Mental Retardation, Substance Abuse System (Rep. Tom

Murphy)

This legislation recognizes the need for ongoing improvement and greater

accountability in Georgia's system for publicly funded services for people with

mental illness, mental retardation and substance abuse. The bill, as passed by

the House in the 2001 session, would change the Regional Boards to Planning

Boards and transfer the other powers of the Regional Board to DHR. It also

provides for changes in the organization powers and duties of the CSBs. The

Senate committee's substitute to the legislation changes the name for the

Division to Division of Behavioral Health and Developmental Disabilities to

reflect current national practice. In the Senate substitute, the senior level

DHR regional director position will have clear management authority delegated

from DHR, and the division and will be held accountable for the efficient,

effective operation of regional resources. CSBs will have additional options to

reorganize as a private non-profit agency, a county agency or a part of a

hospital authority, and the bill supports expanding consumer choice of service

providers. The bill was heard in the Senate Health & Human Services Committee

on February 6, no action was taken at that time.

Status: Pending in Senate Health & Human Services Committee



SB 340 Comprehensive Patient and Provider Health Care Relief Act of 2002 (Sen.

Nadine Thomas)

The bill would create the Comprehensive Patient and Provider Health Care Relief

Act of 2002. It would allow health insurance companies to be sued if they

denied a patient treatment that was recommended by the treating physician, even

if the treatment is not covered in the insured's plan. The intent of the

legislation is to provide an insured person the right to choose a health care

provider to render any medically necessary items or services in Georgia. It

also is intended to attract more health care providers to underserved areas of

Georgia by providing for more reasonable compensation for services rendered to

patients by providers. There is concern that as insurance companies are sued,

the cost of litigation will be passed along to employers, raising the cost of

insurance for business.

Status: Pending in Senate Insurance & Labor Committee



SB 394 Change composition of the DHR Board (Sen. Steve Thompson)

This legislation changes the composition of the Board of Human Resources, due

to changes in the state's population. The board would consist of one member

from each of the 13 congressional districts in the state and 4 at-large

members, appointed by the Governor and confirmed by the Senate. In appointing

members to the board, the Governor shall take into account, to the extent

possible, all areas and functions encompassed by DHR. ACCG's policy statement

recommends that a current or former county commissioner be appointed as a board

member of DHR and the board of DCH. Status: Pending in Senate Health & Human

Services Committee



SB 407 Crime of endangerment of a child under the age of 16 (Sen. Michael Meyer

von Bremen)

The legislation seeks to protect the well-being of Georgia's children while

preserving the integrity of family discipline. The bill would provide for the

crime of endangerment of a child under the age of 16 by a parent, guardian or

other person having immediate control or custody of a child if the person

intentionally or with criminal negligence engages in conduct that causes death,

bodily injury or mental injury to the child.

Status: Pending in Senate Judiciary Committee



NATURAL RESOURCES & ENVIRONMENT

[Staff: Chris DeVinney]



HB 587 / SB 294 Cost-Benefit Analysis for Environmental Rulemaking (Rep. Tom

McCall / Sen. Michael Meyer von Bremen)

HB 587 and SB 294 are House and Senate different versions of legislation

related to performing a cost-benefit analysis on proposed environmental rules.

While SB 294 has not yet seen action during the 2002 session, HB 587 has been

amended to establish an Advisory Committee on Risk Assessment and Cost-Benefit

Analysis, comprised of a variety of experts and stakeholder members including a

city and a county representative, which would create a set of guidelines for

performing cost-benefit analyses on environmental regulations. Those guidelines

would then be given to the DNR for their discretionary use when proposing new

regulations.

Status: HB 587 was favorably reported by House Natural Resources Subcommittee

and is pending in House Natural Resources Committee; SB 294 is pending in

Senate Natural Resources Committee

HB 1021 Dredging and Placement of Beach Quality Sand (Rep. Burke Day)

This bill would require that, when dredging is done along coastal waters for

purposes of regular maintenance of shipping channels, beach-quality sand

removed from the channel during the dredging must be placed on Georgia's

coastal beaches rather than a dredge spoils site.

Status: Pending in House Natural Resources Committee

HB 1030 Regulation of Land Applying Septic Tank Waste (Rep. Alan Powell)

This bill would require that all septic tank waste which is pumped and hauled

for disposal via land application, be regulated by permit. And prior to

receiving a permit, any such operation would have to obtain a letter of

approval from the county to permit that business within the county.

Status: Passed House; Pending in Senate Natural Resources Committee

HB 1170 Public Water Utilities Records (Rep. LaNett Stanley-Turner)

This bill would exempt water utilities from requirements to publicly disclose

security plans and vulnerability assessments of their facilities.

Status: Pending in House Judiciary Committee



PUBLIC SAFETY

[Staff: Clint Mueller]



SB 396 Protection of Records Instrumental to the Security of a Public Facility

(Sen. Phillip Gingrey)

This bill would exempt from open records any information that could compromise

security against a terrorist attack on a government facility. Protected records

included under this bill are plans to protect against or respond to terrorist

acts, security devices used to protect facilities, and plans or blueprints that

reveal information about the structure or function of a government facility.

Any information which is already general public knowledge will not be exempt.

Status: Pending in Senate Judiciary Committee



REVENUE & FINANCE

[Staff: Clint Mueller]



HB 1209 SPLOST Funding for Nonprofit Hospital Equipment (Rep. Charles

Bannister)

This bill would allow counties to use a portion of their Special Purpose Local

Option Sales Taxes (SPLOST) to purchase hospital equipment for nonprofit

hospitals.

Status: Pending in House Ways & Means Committee



Sales Tax Holiday



During his State of the State address, Governor Barnes revealed his plan to

create a statewide sales tax holiday. The proposed holiday would be held twice

this year on the last Friday and Saturday in March and on the first Friday and

Saturday in August. The sales tax exemption would apply to clothing items up to

$100, school supplies up to $20 per item, and computer equipment up to $1,500

that is purchased for personal use. If these holidays are created, counties

that have any of the three local option sales taxes (LOST, SPLOST, and HOST)

will experience some loss in revenue when consumers make exempt purchases

during the sales tax holiday that they would have otherwise made at another

time during the year.

SB 319 Extend Period to Claim Tax Refunds (Sen. Eric Johnson)

This bill was amended to extend the period for which a taxpayer can claim a tax

or license fee refund from a county or city from three to five years.

Status: Passed Senate; pending in House Ways & Means Committee

SB 410 "Property Tax Freeze" for Senior Citizens (Sen. Horacena Tate)

This bill would create a new homestead exemption for anyone over the age of 65.

The exemption would be equal to the amount of increase in assessed value of

homesteaded property beyond the base year. Unlike prior exemptions for senior

citizens, this exemption would not take into consideration level of income. If

passed, counties, cities, and schools would have to look to the business

community and nonexempt homeowners to bear an additional tax burden or

dramatically cut their services. This bill requires an amendment to the

constitution and therefore would have to be approved by the voters in a

referendum held during the statewide election this November.

Status: Pending in Senate Finance & Public Utilities Committee



2002 COMMISSIONERS AT THE CAPITOL PROGRAM



The first week of ACCG's revamped "Commissioners at the Capitol" program was a

success. Help us to round out the session with more successful days of lobbying

by attending and participating with the other counties in your ACCG District.

The 2002 Commissioners at the Capitol program begins each day with an informal

breakfast meeting from 8 to 9 a.m. so commissioners and legislators can mingle,

eat and talk about important issues with one another. Because breakfast will

end at 9 a.m., and the House and Senate typically begin their daily work at 10

a.m., there will be additional time to meet with other legislators during that

hour if a local delegation so chooses.

Also, we have tried to schedule these meetings on days which are typically busy

for committee and subcommittee meetings, so if that is of interest, please take

advantage of opportunities to view Georgia's legislative process up close. To

get the biggest bang for your travel buck, we also suggest that your local

delegation set up meetings with key regulatory agencies (DOT, EPD, etc.) when

in Atlanta.

The remaining schedule is as follows, so please note when your District will

attend:

ACCG Districts 3, 10 & 11 Wednesday, February 13, 2002 Senate Mezzanine

ACCG Districts 4, 6, & 8 Wednesday, February 27, 2002 Senate Mezzanine

ACCG Districts 9 & 12 Thursday, February 28, 2002 Room 450

Please contact Mari-Leigh Beckworth at ACCG (800) 858-2224 or by email:

mbeckworth@accg.org if you have questions or to confirm your county's

participation. We look forward to seeing you there!



ACCG STAFF MEMBERS AND ASSIGNED ISSUE AREAS



As issues develop and bills are introduced during the legislative session that

are of interest to your county, please do not hesitate to call upon your ACCG

policy staff to explain a bill or clarify an issue. Here is a list of the ACCG

policy staff members, the issue areas they cover, and contact information:

Jim Grubiak - General County Government jgrubiak@accg.org

Chris DeVinney - Natural Resources & Environment cdevinney@accg.org

Althea McCoy - Transportation & Economic Development amccoy@accg.org

Clint Mueller - Revenue & Finance / Public Safety cmueller@accg.org

Suzanne Nieman - Health & Human Services snieman@accg.org

Mari-Leigh Beckworth - Legislative Intern mbeckworth@accg.org

All bills can be accessed and downloaded through ACCG's website: www.accg.org

or by calling:

Clerk of the House: (404) 656-5015 for House bills and resolutions

Secretary of the Senate: (404) 656-5040 for Senate bills and resolutions

If you wish to receive this update via email, but are not currently, please

send a request to Clint Mueller (cmueller@accg.org).

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