Columbus, Georgia

ACCG Legislative Update

February 14, 2002



LARP RALLY AT THE CAPITOL!

Wednesday, February 20, 2002



ACCG and the Georgia Municipal Association (GMA) will host a press conference

and rally to highlight the critical need for increased Local Assistance Road

Program (LARP) funding.? The rally is scheduled for Wednesday, February 20,

2002, at 9:00 a.m. on the front steps of the State Capitol (facing Washington

Street). This event will be a perfect opportunity for county and city officials

to make the case for increased LARP funding by showing that our local roads are

rapidly deteriorating due to inadequate and inconsistent LARP funding levels.

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.?



It is important that we have a large number of county and city officials attend

the rally in order to clearly demonstrate the importance of increasing funding

for LARP and other local transportation infrastructure needs - so please plan

to attend.?





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 there are exemptions already in place,

which allow trucks to carry large loads of various materials on state and local

roads, this legislation would open the door for more trucks carrying additional

kinds of heavy materials to travel on county roads, thereby increasing the

volume of such trucks on local roads.? DOT staff has warned that an increase in

the volume of trucks carrying these heavy loads would cause county roads to

deteriorate faster. 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: Passed Senate; pending assignment to House Committee

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

soon as possible.? ACCG is opposed to this legislation





ECONOMIC DEVELOPMENT & TRANSPORTATION

[Staff: Althea McCoy]



HB 1382 Provisions for Maintenance and Elimination of Railroad Crossings (Rep.

Mickey Channell)

HB 1382 would provide a process for resolving disputes between local

governments and the railroads when there is disagreement over the maintenance

and elimination of railroad grade crossings. Under this legislation, the

Georgia Department of Transportation (GDOT) would become the arbiter of

disputes between local governments and the railroads.? In maintenance disputes,

a local government would be able to petition GDOT for a ruling if it feels that

the railroad is not properly maintaining a crossing.? GDOT would investigate

the matter and issue an order either requiring the railroad to make repairs or

nullifying the local government's petition.? When local governments and the

railroads disagree over the closing of crossings, GDOT will use a set of

criteria, listed in the legislation, to determine if a crossing should be

closed.? The legislation also includes an appeal process, whereby local

governments and the railroads can appeal GDOT's decisions to the state's

administrative review system.

Status: Pending in House Transportation Committee



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; assigned to Senate Economic Development, Tourism and

Cultural Affairs Committee?



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

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

review the laws and funding guidelines regarding LARP for the purpose of

determining if the program needs to be revised to better meet local

governments' road resurfacing 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: Pending in House Rules Committee



.



GENERAL COUNTY GOVERNMENT

[Staff:? Jim Grubiak]



HB 859 Interpreters for the Hearing Impaired (Rep. Tom Bordeaux)

According to statute, the Department of Human Resources (DHR) is required to

provide interpreters for the hearing impaired who are arrested or are witnesses

or interested in court proceedings.? Current law also provides that the cost of

these interpreters must be paid by the law enforcement agency or court

requesting the service.? Because of a redirection of funding to the Department

of Labor in 1999, this service is no longer provided by DHR.? This legislation

would remove DHR as the provider by law of this service.

Status: Pending in House Judiciary Committee



HB 1104 Continuation of Clerk Fees (Rep. Larry Walker)

Under current law, which sunsets in 2004, superior court clerks charge an

increased fee for certain filings in order to provide funding for the Georgia

Superior Court Clerks' Cooperative Authority to develop a state-wide uniform

automated information system for property records.? This legislation would

remove the sunset provision, allowing this service to continue to be funded by

filing fees rather than by taxpayer dollars.

Status: Pending in House Judiciary Committee



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. ACCG continues to

be 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

willingness 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 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. 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

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 1187? Budget Procedures (Rep. Bob Irvin)

This legislation would amend current budget procedures for local governments by

providing that public money can be expended or drawn from the treasury of a

local government only pursuant to (1) an appropriation in the county's or

city's adopted or amended budget or (2) a specific resolution or ordinance

authorizing a particular expenditure.

Status:? Favorably reported by House State Planning & Community Affairs

Committee; pending in House Rules



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

Powell)

This legislation would require counties, as well as cities, school boards and

authorities to advertise all bid opportunities for goods and services over

$10,000 on the Georgia Procurement Registry, which is published on the Internet

by the Georgia Department of Administrative Services (DOAS).? Contracts for

professional services, such as legal, accounting, architecture, engineering,

etc., would also be required to be advertised on the Registry.? Once the

contract is awarded, the county would be required to publish on the Registry

the name of the successful bidder and the amount of the contract.?

Additionally, the county would have to publish the names of each of the bidders

not selected, with a statement giving the reason why the bidder was not

selected.? The legislation would provide DOAS the rule making authority.? DOAS

has indicated that all of the information would be required to be transmitted

from the county through the Internet.? Because of the lack of uniformity of

bidding requirements found in the local legislation for each county and because

many counties still do not have Internet access, ACCG is working with the

sponsor of this legislation to make advertisement on the Registry an option,

but not a requirement, for local governments.

Status: Pending in House State Planning and Community Affairs Committee



HB 1226/HR 987 Abolishing the Office of Medical Examiner (Rep. Henry Howard)

ACCG opposes HB 1226, which would abolish the office of medical examiner and

reinstitute the coroner system in those counties that currently have a medical

examiner.? Additionally, HR 987, if approved by the voters, would amend the

Georgia Constitution to make such coroners constitutional officers, like the

sheriff, tax commissioner, superior court clerk and probate judge.?

Status: Pending in House Public Safety 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. Please let us know if you have any

concerns of if you about this bill or see any pitfalls

Status:? Passed House; pending assignment to Senate committee



HB 1374? Employee Records Confidential (Rep. Tom Buck)

This bill would provide that public records that reveal the home address, home

telephone number, or social security number, insurance information or medical

information regarding local government employees could be protected as

confidential information.

Status:? Pending assignment to House 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. There has been some discussion in committee to allow

for counties to opt out of the joint board arrangement on a case-by-case basis.

Status: Passed Senate; pending in House Governmental Affairs

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

soon as possible



SB 376 Magistrate Court Misdemeanor Jurisdiction (Sen. Ren? Kemp)

This bill would give magistrate judges jurisdiction to hear all misdemeanor

criminal cases, except for traffic violations.? Currently, the magistrate court

only has criminal jurisdiction over ordinance violations and a few minor

criminal violations.?

Status: Pending in Senate Judiciary Committee



SB 412? Deannexation (Sen. Mike Crotts)

SB 412 would amend current annexation law to provide a method of deannexation

initiated by landowners within a city.

Status:? Pending in Senate State & Local Government Operations Committee



SB 449/HB 981? Public Officials on Military Duty: Meetings/No Abandonment (Sen.

Nathan Dean /Rep. Charles Bannister)

Per ACCG policy, this bill authorize county officials to participate in

official meetings of the board of commissioners from remote locations by

telephone or other telecom methods when on ordered military duty. The bill

would also make it clear that an elected official who is absent from his public

duties while on military duty will not be considered to have abandoned his

office. A similar addressing telecom meetings has also been introduced in the

House.

Status:? Pending in Senate Defense and Veterans Affairs Committee



Indigent Defense - $9 Million ($4.7 million increase over FY 02):? ACCG

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

increase to the Judicial Branch for the FY 2003 budget.? This would increase

the "Grants to Counties" program to over $9 million, raising the state's

reimbursement to county property taxpayers from 11% to 20% of the cost to

provide indigent defense. When you talk to your legislators, 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. Please advise your legislators

that counties already pay 89% of the cost of indigent defense. As such,

property taxes are directly subsidizing indigent defense under the current

funding scheme.

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 the GIDC's requested increase





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.? As proposed, the reduction

will affect all county public health departments, in amounts from $3,340 to

$398,351.? The funding is through the Division of Public Health in the

Department of Human Resources (DHR).

Status: Pending in House Appropriations Committee

Action Alert:? Please ask your legislator what the total dollar amount will be

for your local health department and how the funding will be replaced. ?



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 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.? Additionally,

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.

Status: Pending in Senate Rules Committee



HB 1344 Continuation of the Volunteers in Medicine Health Care Act (Rep.

Garland Pinholster)

This legislation would repeal the sunset provision of the Volunteers in

Medicine Health Care Act.? The Act was approved in 1999, it has been quite

successful.? The Act would remain in effect unless changed by future Act of the

General Assembly.

Status:? Pending in House Health & Ecology Committee



SB 437 Salary adjustments for Juvenile Court Judges (Sen. Steve Thompson)

This legislation provides for salary adjustments for full-time juvenile court

judges who are paid with state funds.? They would receive, in addition to their

salary, any annual salary adjustments provided to state officials.

Status:? Pending in Senate Ethics Committee



SR 480 Constitutional Amendment: use of public money (Sen. Seth Harp)

This is a constitutional amendment which would allow public money to be used by

religious or sectarian organizations and denominations and houses of worship

for the purpose of providing nonsectarian public health or social services to

people in need.? The amendment requires voter's approval or rejection.

Status:? Pending in Senate Judiciary Committee





NATURAL RESOURCES & ENVIRONMENT

[Staff: Chris DeVinney]



HB 587 Cost-Benefit Analysis for Environmental Rulemaking (Rep. Tom McCall)

HB 587 would 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, to 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: Passed House; pending assignment to Senate Committee



HB 1021 Placement of Dredged Beach Quality Sand on GA Beaches (Rep. Burke Day)

Status: Passed House; pending assignment to Senate Committee



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

Status:? Passed House; favorably reported by Senate Natural Resources

Committee; pending in Senate Rules Committee



HB 1163 Bonds for Septic Installers and Pumpers (Rep. Ron Dodson)

This bill would require septic tank installers and pumpers to secure a single

code compliance bond, in the amount of $2500, to cover the installer regardless

of the county in which he or she does septic installation or pump work.? The

bond would be accessible to pay for any person whose property is damaged as a

result of the installer's work not complying with local codes.? However, the

aggregate liability for all persons harmed would not be allowed to exceed the

amount of the bond.? ACCG has raised the issue that, while the business

practice of obtaining a single bond is logical, the bond amount should be

higher to ensure adequate coverage for multiple property owners who may be

damaged by non-complying work.

Please let ACCG know if this is an issue for your county.

Status: Pending in House Health & Ecology Subcommittee



SB 438 Georgia Greenspace Program Amendments (Sen. Steve Thompson)

This bill would require that, for counties who receive appropriations in excess

of $500,000 from the Georgia Community Greenspace Program (Chatham, Cherokee,

Clayton, Cobb, DeKalb, Fayette, Forsyth, Fulton, Glynn, Gwinnett, Hall and

Henry counties), 10% of the county appropriation would be held aside to provide

competitive matching grants to the municipalities within those counties who

raise their own greenspace funds.? The purpose is to use the matching grants as

an incentive to the cities to increase their serious participation in the

Greenspace program, keeping in mind that city greenspace can be counted by the

county toward the county's 20% greenspace preservation goal.? Should no cities

choose to compete for the grants by the end of the year, the 10% would revert

to the county for its use.

Status: Favorably reported by Senate Natural Resources Committee; pending in

Senate Rules Committee





PUBLIC SAFETY

[Staff: Clint Mueller]



HB 461 Include Volunteer Firefighters in Disability Compensation Program (Rep.

Newt Hudson)

Two years ago a constitutional amendment passed creating a compensation program

for full-time law enforcement officers and firefighters injured in the line of

duty.? HB 461 would expand this program to cover volunteer fire fighters.

Status:? Passed House; favorably reported by Senate Insurance and Labor

Committee; pending in Senate Rules Committee



HB 1014 Annual Increases in State Inmate Per Diem to Counties (Rep. Gerald

Greene)

Status: Pending in House State Institutions and Property Committee



HB 1097 Expanded Eligibility for GEMA Grants (Rep. Mike Snow)

This bill would expand the existing law allowing grants to local emergency

management agencies to also include local fire departments, emergency medical

services, and 911 facilities.?

Status:? Pending in House Public Safety Committee





Proposed Federal Funding for State and Local Homeland Security

President Bush's budget proposes funding of $3.5 Billion for FY 2003

(administration has not decided whether this is a one-year program or

multi-year) for Homeland Security.? Here are some of the details:

Eligible expenses: training, equipment, planning, exercises (not staff)

Block grant to governors based on population, with a floor for small states

25% of funds allocated for state programs; 75% distributed to local governments

based on population.? States may distribute a portion of their 25% to local

governments to meet additional needs and target specific terrorism risks.?

Local governments must submit emergency plans, and governors determine

boundaries for regional collaboration.

25% local match (soft match)

Grants administered by Federal Emergency Management Agency

Bush administration is highlighting three aspects of the program: flexibility

and speed of administration; enhancement of mutual aid among local

jurisdictions and states; support for exercises and evaluation.



According to the administration, this initiative consolidates several existing

programs, including the first responder grant program previously administered

by the Department of Justice (FY 2002 funding $635 million) and the recently

created FEMA FIRE grant program (FY 2002 funding $360 million).?





REVENUE & FINANCE

[Staff: Clint Mueller]



HB 878 Business and Occupation Taxes: Challenging Regulatory Fees (Rep. John

Yates)

HB 878 would create a procedure whereby businesses subject to local regulatory

fees such as building inspection fees could challenge those fees if they

believe them to be illegal. As envisioned in the bill, upon receipt of

complaints from five businesses about a particular county or city within six

months, the Georgia Department of Community Affairs would gather information on

the dispute including data which would explain the methodology for developing

the fee structure and bring the parties together in an effort to resolve the

dispute. The bill, as introduced, also provided that a business that challenges

a county's regulatory fee structure would be entitled to attorney fees and

double damages if successful. ACCG has objected to the legislation and is

working with the author and the committee to consider alternatives that are

less objectionable.

Status:? Pending in House State Planning & Community Affairs Committee



HB 1312 Sales Tax Holiday (Rep. Ron Borders)

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.? The state has estimated the loss to local government at 4.4

million. However, these are only estimates and local governments could

experience greater losses if the purchases made during the holiday period would

have been made at another time during the year. ?Although the governor has

apparently budgeted for the estimated loss in revenue for the state, counties

have not budgeted for this revenue loss and will be hit particularly hard at a

time when sales tax revenues have fallen short because of the recession.

Status:? Favorably reported by House Ways & Means Committee; pending action on

House floor





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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