Columbus, Georgia

ACCG Legislative Update

March 21, 2002

The Session That Wouldn't End...

In January, most legislators asserted that this year's Legislative

Session would proceed quickly, with hopes of being out by St. Patrick's Day so

legislators could hit the campaign trail in anticipation of the November

elections in reformulated districts. What started as a sprint, however, has

turned into an endurance race, with the reformulated district maps being the

central reason for the lengthy Session. While legislators vie to bring money

home to their districts in a tight budget year, the Session crawls onward as

officials wait for word from the Federal judges who will give a thumbs-up or

thumbs-down to Georgia's redrawn district maps. With only nine days left in

the 2002 Legislative Session of the Georgia General Assembly, and nary a word

yet from the federal judges, it seems that the most fervent wish of practically

everyone under the Gold Dome is to conclude the 2002 session before many more

weeks (or months) pass us by! As it stands, the 2002 session will see the

latest sine die in at least 20 years.

Provisions for Maintenance and Elimination of Railroad Crossings

HB 1382 by Rep. Mickey Channell

HB 1382, which would provide a much-needed process for resolving disputes

between local governments and the railroads, was amended by Sen. Eric Johnson

in the Senate Transportation Committee to provide for the shifting of railroad

crossing maintenance costs from railroad companies to local governments.

Counties, cities and the state would be required to spend taxpayer dollars to

help the railroads maintain all of their crossings located throughout the

state. While current Georgia law holds railroads responsible for covering all

of the expenses associated with maintaining a crossing, this amendment would

require taxpayers to subsidize the railroads' maintenance costs, which could

become very expensive. ACCG is concerned that counties will not be able to

cover these costs considering the inadequate amount of local transportation

funding available and the significant backlog in road maintenance needs that

they are already facing. Additionally, Sen. Johnson included a provision that

would prohibit a county from directing the railroads in the placement of

protective devices at railroad crossings on new or relocated railroad lines.

This would hinder the ability of counties to protect their citizens through

input on the installation of protective devices.

Status: Passed House; favorably reported by Senate Transportation; pending in

Senate Rules Committee

Action Alert: Please contact your Senators and urge them to remove the Senate

Transportation Committee amendments to HB 1382. The amendments will shift

costs and limit local governments' ability to direct railroads to install

protective devices. However, we would still like to see the House version pass

the General Assembly.

ECONOMIC DEVELOPMENT & TRANSPORTATION

[Staff: Althea McCoy]

HB 1284 Adding Roadways to Developmental Highway System (Rep. Tommy Smith)

This bill would add the following roadways to the Developmental Highway System,

also referred to as the Governor's Road Improvement Program (GRIP): U.S. 23

from its intersection with U.S. 1 in Bacon County to its intersection with U.S.

341 in Jeff Davis County; U.S. 301; and the Rome Bypass from U.S. 411 to SR 20.

Status: Passed House; pending in Senate Transportation Committee

HB 1523 Allocating Percentage of Motor Fuel Tax Sales to Local Roads (Rep. Tom

Murphy)

HB 1523 is intended to help address local governments' transportation

infrastructure needs by identifying a permanent, annual funding source for

local transportation projects. Under this legislation, the Georgia Department

of Transportation (GDOT) would receive 4% of the sales tax on motor fuel rather

than the 3% that it currently receives. GDOT would then be required to use 1%

of the 4% sales tax to "pay all or part of the costs of planning, surveying,

constructing, reconstructing, improving, paving, and completing public roads

not on the state highway system." This legislation would allow greater

flexibility for the way in which funds can be used to meet the maintenance and

construction needs of local road systems.

Status: Favorably reported by House Appropriations Committee; pending in House

Rules Committee

Action Alert: Contact members of the House Rules Committee and urge them to

place HB 1523 on the House Rules Calendar. Increased local transportation

funding is one of ACCG's priorities.

HB 1587 Waiver of Requirements for Allocating State Transportation Funds (Rep.

Jimmy Skipper)

Status: Favorably reported by House Transportation; pending in House Rules

Committee

HR 1074 Create Joint LARP Study Committee (Rep. Gerald Greene)

This legislation would create a Joint House and Senate Study Committee to

review the laws and funding guidelines regarding LARP in order to determine how

the program should be revised to better meet local governments' road

resurfacing and maintenance needs. The committee will be composed of four

Senators, two county commissioners, and one member of a municipal governing

authority to be appointed by the Lieutenant Governor and four Representatives,

two county commissioners and one member of a municipal governing authority to

be appointed by the Speaker.

Status: Passed House; pending assignment to Senate Committee

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

Dean)

Status: Passed Senate; favorably reported by House Transportation Committee;

pending in House Rules Committee

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

soon as possible. ACCG opposes this legislation.

HB 1001 Amended SFY02 Budget

Governor's Road Improvement Program (GRIP) - $137,500,000: 20-year bonds to

continue construction of four-lane highways included in GRIP.

Atlanta Multi-Modal Passenger Terminal - $2,575,000: 20-year bonds to acquire

the right of way and begin site preparation for the phased implementation of

the Atlanta Multi-Modal Passenger Terminal. This project is intended to

facilitate the development of commuter rail, which will reduce the number of

private passenger vehicles on metro-Atlanta freeways and help the region comply

with air quality standards.

State Fund Construction Project Categories - $23,405,508: The three state fund

construction project categories would receive increased motor fuel tax funds as

follows: On System - $17,917,679; Off System - $500,000; Most Needed -

$4,987,829. This funding would bring the total appropriations for FY 2002 to

$32,000,000 each for the On and Off Systems and $31,522,954 for the Most Needed

category. Funding for county road construction projects come from the Off

System category.

GENERAL COUNTY GOVERNMENT

[Staff: Jim Grubiak and Kelly Pridgen]

HB 696 Open Records: Exemption for 911 Records / Requests in Writing (Rep.

Ken Birdsong)

Status: Passed House; favorably reported by Senate Public Safety Committee;

pending in Senate Rules

HB 1087 Agricultural Nuisance (Rep. Robert Ray)

Current law declares that agricultural facilities and operations cannot be

deemed to be a nuisance as a result of changed conditions. HB 1087 expands the

application of the law by broadening the definition of changed conditions to

include any change in the use of land in an agricultural area, an increase in

the magnitude of an existing use of land in or around an agricultural facility

including urban sprawl.

Status: Passed House; favorably reported by Senate Agriculture Committee;

pending in Senate Rules

Action Alert: Please let ACCG and your legislators know if you have any

problems with this legislation

HB 1128 Sovereign Immunity Waiver (Rep. Tom Bordeaux)

ACCG and GMA have been working with Rep. Bordeaux and the Georgia Trial Lawyers

Association to develop a revised version of HB 1128 for consideration in the

Senate. Elements of the substitute are likely to include a waiver of sovereign

immunity for damages arising out of motor vehicle accidents. The waiver would

be phased-in beginning in 2005 and running through 2008 when the waiver would

be capped at be $500,000 per person bodily injury, $700,000 bodily injury per

occurrence, and $50,000 property damage per occurrence.

Status: Passed House; pending in Senate Insurance and Labor Committee

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

As revised, counties would still be able to require timber harvesters to post a

surety bond or a letter of credit, but would be prohibited from requiring a

cash bond or cash deposit.

Status: Passed House; pending in Senate Natural Resources Committee

HB 1218 Mandatory Advertisement on the Georgia Procurement Registry (Rep. Alan

Powell)

ACCG supports HB 1218 in its current form. Under current law, counties must

advertise most public works construction contracts over $100,000 in either the

county legal organ or on an Internet website identified by the county. HB 1218

has been amended to allow counties to choose to pay to advertise these

construction contracts in the county legal organ or to advertise for free on

the Georgia Procurement Registry, which is published by the Georgia Department

of Administrative Services (DOAS). Additionally, the county may, but is not

required, to advertise any other purchase on the Registry in lieu of any other

advertising requirement. Because DOAS would be prohibited from charging

counties a fee for this service, advertising on the Registry would save

taxpayers the cost of paying for advertisements in the county legal organ.

Although ACCG supports HB 1218 in its current form, please encourage your

legislators to oppose any amendments that would require counties to advertise

on the Internet and in the legal organ.

Status: Favorably reported by House State Planning and Community Affairs

Committee; pending in House Rules Committee

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

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: Passed House; pending in Senate State & Local Government Operations

Committee

HB 1505 Dedicate 25% of Court Fines and Fees to Indigent Defense (Speaker Tom

Murphy)

Status: Pending in House Appropriations Committee

HB 1514 Blanket Bonds (Rep. Ray Holland)

HB 1514, per ACCG policy, would clarify current law that authorizes counties to

purchase a blanket bond in lieu of a series of individual bonds for persons

required by law to be bonded.

Status: Favorably reported by House Judiciary Committee; pending action on

House Floor Monday March 25th.

HB 1669 Local Assistance Grants: Audits/Liability (Rep. Michelle Henson)

Per ACCG policy, this bill would reduce or, in some instances eliminate, the

cost to counties associated with auditing local assistance grants made to

counties as well as pass-through grants to non profit organizations from the

General Assembly. It would also protect counties from liability for any

misdeeds of a non-profit recipient of a grant awards.

Status: Favorably reported by House Appropriations Committee; pending in House

Rules Committee

HR 987 Making Coroners Constitutional Officers (Rep. Henry Howard)

ACCG opposes HR 987, which, if approved by the voters, would amend the

Constitution to make coroners constitutional officers, like the sheriff, tax

commissioner, superior court clerk and probate judge.

Status: Favorably reported by House Public Safety Committee; pending in House

Rules Committee

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

Brown)

SB 32 would create county boards of elections and registration statewide

effective January 1, 2005, but, as amended, the bill would authorize individual

counties to opt out of the joint board requirement by local legislation.

Status: Passed Senate; favorably reported by House Governmental Affairs

Committee; pending in House Rules

SB 365/HB 1170 Open Records: Public Facility Emergency Plans (Sen. Richard

Marable / Rep. Lanett Stanley)

SB 365 would require state agencies to prepare emergency plans and would exempt

those plans from the open records laws for obvious reasons. Rep. Lanett

Stanley's HB 1170, which would allow local governments to exempt security plans

and vulnerability assessments for any public utility, building, facility,

function or activity from the open records act, was added to SB 365 in a

subcommittee of HSPCA Committee.

Status: SB 365 passed the Senate; pending in House State Planning & Community

Affairs

SB 449/HB 981 Public Officials on Military Duty: Meetings by Conference

Call/No Abandonment While on Duty (Sen. Nathan Dean /Rep. Charles Bannister)

Status: Passed Senate; pending House Judiciary Committee

Indigent Defense - The House stripped new money for indigent defense from the

2003 budget, although the $600,000 added in the 2002 supplemental budget will

be carried over to 2003. That is a long way, however, from the state doing an

adequate job in supporting this constitutionally required service. While the

House removed the funds, there is still a possibility of getting the funds put

back in by the Senate.

Action Alert: County officials are encouraged to contact the House and Senate

Appropriations Committee members, and, in particular, members of the Criminal

Justice subcommittees to support additional funding for indigent defense.

HEALTH & HUMAN SERVICES

[Staff: Suzanne Nieman]

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

Murphy)

Status: Passed House & Senate; Conference Committee appointed

HB 1400 Transportation of mentally ill, mentally retarded and substance abuse

patients (Rep. Jimmy Skipper)

This legislation relates to emergency and non-emergency transportation of

mentally ill, mentally retarded, and alcoholic or drug dependent individuals

who are patients or clients in a facility. The legislation includes HB 381,

sponsored by Rep. Chuck Sims, which clarifies the sheriff's role in the initial

and subsequent transportation of an individual. The initial emergency

transport is arranged by the sheriff of the county where the patient is found

or located. All subsequent transportation is arranged by the governing

authority of the county of the patient's residence. The legislation specifies

that "in non-emergency situations, no female patient shall be transported at

any time without another female in attendance who is not a client, unless such

female client is accompanied by her husband, father, adult brother, or adult

son."

Status: Passed House; pending in Senate Health & Human Services Committee

SB 501 Licensure of air ambulances (Sen. Carol Jackson)

Air ambulance services would be licensed by the Emergency Health Section of the

Division of Public Health of the Department of Human Resources (DHR) with this

legislation. Currently air ambulances that are used for the emergency

transportation of patients are not regulated and licensed.

Status: Favorably reported by Senate Veterans & Consumer Affairs Committee;

pending in Senate Rules Committee

SB 510 Removal of DFCS Board members (Sen. Jeff Mullis)

This legislation provides for the suspension of Department of Family and

Children Services board members upon indictment for any crime involving moral

turpitude.

Status: Favorably reported by Senate Ethics Committee; pending in Senate Rules

Committee

SB 554 Cost of care of children in temporary custody (Sen. Jeff Mullis)

This legislation would require that the Department of Juvenile Justice be held

responsible for the cost of care and support of a child temporarily placed in

or committed to the legal custody of the Department of Juvenile Justice.

Status: Pending in Senate Appropriations Committee

HB 1001 Amended SFY2002 Budget

(Brackets) indicate budget reductions

Department of Community Health

No enhancement funding for non-emergency transportation rate increase (Total

funds: $3,326,334) - ($1,357,477)

No enhancement funding for Medicaid buy-in program for the working disabled

(Total funds: $1,225,190) - ($500,000)

$250,000 restored for Start-up grants for community and migrant health centers

Department of Human Resources

eliminates unencumbered Family Connection funds for 6 collaboratives that

failed to meet funding criteria ($301,000) and reduce the Family Connection

technical assistance contract ($104,800) - ($405,800)

To provide additional funding to cover increasing costs of vaccinations for

uninsured children $873,354 - not funded

To support the state's ability to react to bioterrorism by funding:

a.) Six epidemiologists to complete statewide epidemiological coverage - 2

positions funded

b.) Emergency coordinators in each of the 19 Public Health districts - 8

coordinators funded

c.) Statewide satellite communications system (SATCOM) for each of the 19

Public Health districts $32,500 - not funded

d.) $58,750 - State level Epidemiologist, Emergency Coordinator and Molecular

Biologist

e.) Contract funding to develop an integrated statewide trauma system,

support hospital data collection and emergency simulation training $967,500 -

not funded

? decreases funding in Public Health for "Babies Born Healthy" ($1,902,750)

$634,250 restored

? Tobacco funds to add new contract funding for the Unite Georgia smoking

prevention and cessation media campaign $3,950,000

? Tobacco funds to provide funding for the Cancer State Aid treatment program

to provide medical benefits to uninsured persons with certain types of cancer

$3,521,660

? Tobacco funds to cover additional cancer screening and detection cost

incurred by county health departments $709,590

? Tobacco funds to provide Grant In Aid funding for local cancer education

programs through county health departments $237,500

Board of Regents

? To provide funds for the Georgia Cancer Coalition $6,224,034

? To provide a seed capital fund to support the growth and development of a

stateside biotechnology and associated life sciences industry $3,000,000

Status: Passed House and Senate

NATURAL RESOURCES & ENVIRONMENT

[Staff: Chris DeVinney]

There was no significant activity to report on environmental legislation for

the past week of the Session.



PUBLIC SAFETY

[Staff: Clint Mueller]



HB 1530 Authorize Inmates in State and County Correctional Institutions to

Voluntarily Work for Private Companies (Rep. Doug Teper)

This bill would authorize the state and county CIs to select inmates that do

not present a security risk and allow them to voluntarily work for a private

company. The company would pay a market wage for the labor and part of this

wage would be used to pay off fines, compensate victims, support the inmate's

family and reimburse the county for providing room and board.

Status: Favorably reported by House State Institutions & Property Committee;

pending in House Rules Committee.

SB 515 Changes to State Firefighter Standards (Sen. Jeff Mullis)

This bill requires all volunteer firefighters to complete the basic

firefighters training course conducted by or through the Georgia Fire Academy

within 12 months after being employed or appointed as a firefighter. This bill

also increases the minimum pumping capacity of a fire truck to 750 gallons per

minute at 150 PSI, though this standard would not apply to existing trucks that

are in use. Finally, the bill allows the Georgia Firefighter Standards and

Training Council to enforce these standards by bringing a civil action to

enjoin a fire department from performing any or all firefighting functions

until they come into compliance.

Status: Favorably reported by Senate Public Safety Committee; pending in Senate

Rules Committee

REVENUE & FINANCE

[Staff: Clint Mueller]

HB 337 Limitations on Tax Sales (Rep. Glenn Richardson)

The latest committee substitute to this bill would prohibit tax commissioners

from selling tax executions (fi fas). Once a tax sale is completed the tax

commissioner would be required to file an interpleader action in superior court

for the payment of any excess funds. The superior court would have to

determine who has a rightful claim against the funds. This bill also reduces

the redemption fee from 20% to 10% in the second year after the sale.

Status: Passed House; pending in Senate Banking & Financial Institutions

Committee

HR 1073 Create Separate Class of Property for Low Income Building Projects

(Rep. Tom Buck)

This bill would authorize a statewide referendum to let voters decide if the

constitution should be changed to treat low income building projects as a

separate class of property. ACCG believes the federal and state income tax

credits that developers already receive provide more than enough incentive to

build low income housing, and HB 1073 creates an unneeded property tax

subsidy. Last year the federal government allotted $12,438,266 of Section 42

low income housing tax credits to Georgia. The Department of Community

Affairs, which administers the program in Georgia, had $39, 322,839 in requests

from developers. The demand for these credits exceeds the available supply

three fold and an additional property tax break is not needed to make their

projects feasible.

Status: Passed House; pending in Senate Finance & Public Utilities

HR 1111 Property Tax Break for the Cleanup of Environmentally Contaminated

Property (Rep. Tom Shanahan)

This bill proposes an amendment to the constitution to create a separate class

of property for ad valorem tax purposes for those properties containing

environmental contamination. If passed in a statewide referendum, new owners

of contaminated property, who were not responsible for creating the

contamination, could recover their costs for cleanup by receiving a temporary

exemption from increased property assessment resulting from the value of the

cleanup. The rationale behind this proposal is that this would provide an

incentive to redevelop "brownfields" in Georgia.

Status: Passed House; pending in Senate Natural Resources Committee

ACCG STAFF MEMBERS AND ASSIGNED ISSUE AREAS



Jim Grubiak - General County Government

jgrubiak@accg.org

Kelly Pridgen -

Courts

kpridgen@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