8
2012
??????
Proposed
Legislative
Agenda
-DRAFT-
Columbus Consolidated Government
Columbus Consolidated Government
2012 PROPOSED Legislative Agenda
September 27, 2011
DRAFT
1. POINT OF SALES DATA
The CCG supports GMA?s recommendation that the state take necessary steps to
ensure the full collection and timely remittance of all sales and use taxes due
to the state and to local governments, whether such steps include additional
funding for the Department of Revenue for audits and compliance purposes,
privatizing sales tax collections or allowing local governments to collect and
audit local sales taxes locally. (Carry over 2010/11) Requested by Pam Hodge,
Finance Director.
Explanation: The CCG supports GMA?s six beliefs as follows:
Require the Department of Revenue to collect data showing sales tax collections
in cities;
Fully capture all data, whether electronically or manually filed;
Require the Department of Revenue to share sales tax data for collections
within municipal boundaries;
To the extent required to protect taxpayers, support confidentiality and
privacy of information shared with cities;
Support efforts to increase audits to ensure compliance; and,
Allow for more timely remittance of sales tax dollars to local governments.
2. HOTEL/MOTEL TAX
(GMA Legislative Agenda Item below is of specific interest to Columbus and
should be supported by the Legislative Delegation.)
The CCG joins GMA in support of streamlining the existing hotel/motel tax
provisions. The hotel/motel tax should provide flexibility to cities to expend
funds collected for economic development and tourism promotion. Additionally,
taxes should be collected and remitted for the full sales price of all hotel
rooms sold, including rooms sold online.
Explanation: The Georgia hotel/motel tax statues are extremely complicated and
cause confusion for cities and the tourism industry. All affected parties
should collaborate to implement a streamlined approach to hotel/motel tax. The
revenues generated from the tax are an important funding source for cities, and
any changes to the statute should ensure maximum flexibility to the city to
spend the funds for tourism promotion and economic development. Attempts have
been made in Georgia by the online travel booking companies to circumvent the
full payment of hotel-related taxes, and the City/GMA strongly believes that
taxes should be remitted based on the full sales price of a room.
3. FUNDING CRIME LABS:
(GMA Legislative Agenda Item below is of specific interest to Columbus and
should be supported by the Legislative Delegation.)
The CCG joins GMA in their believes that adequate funding of state crime labs
is a responsibility of state government and opposes efforts to shift costs for
their support from the state to local governments.
Explanation: State crime labs are a vital resource used by local law
enforcement agencies seeking to prosecute state crimes on behalf of the State
of Georgia. Efforts that seek to make local governments pay for their operation
fail to recognize that cities already remit fine add-ons to the state to pay
for this service and that shifting additional costs to local agencies merely
increases the tax burden locally.
4. PROPERTY TAX EXEMPTIONS:
(GMA Legislative Agenda Item below is of specific interest to Columbus and
should be supported by the Legislative Delegation.)
The CCG joins GMA in opposing the erosion of the property tax base caused by
the creation of property tax exemptions unless such exemptions are approved
locally. In the event the General Assembly creates a property tax exemption,
the State should fully reimburse local governments for the revenue loss.
Explanation: The gradual erosion of the property tax base due to the exemptions
for general and special interests has challenged municipalities? abilities to
adequately fund services. Since 1989 the number of statewide property tax
exemptions has increased significantly without overall consideration for the
cumulative effect on the revenue base of municipalities. This concern is
significant in light of the limited revenue options available to municipalities
coupled with increasing levels of service responsibility and state and federal
unfunded mandates.
5. CONTINUATION OF HOMEOWNER TAX RELIEF GRANTS:
(GMA Legislative Agenda Item below is of specific interest to Columbus and
should be supported by the Legislative Delegation.)
The CCG joins GMA in support of funding of the homeowner tax relief grants to
municipalities, counties and school districts.
Explanation: Municipalities in Georgia receive significantly little revenue
from the state to assist with the provision of services necessary to meet the
day to day needs of Georgians. The homeowner tax relief grants provided to
Georgia homeowners by the Governor and the State Legislature resulted in an
important partnership between the state and Georgia?s municipalities, counties
and schools. The CCG joins GMA support for the reinstitution of this
partnership in the funding of local services
6. LAND BANKS:
(GMA Legislative Agenda Item below is of specific interest to Columbus and
should be supported by the Legislative Delegation.)
The CCG joins GMA support of the enactment of legislation that improves and
modernizes the powers that may be given to local land banks so they can
effectively return tax delinquent property to the real estate market. Cities
and counties should be empowered to form land banks so they can share
resources, minimize costs and address regional problems. Legislation should
also improve the ability of land banks to acquire tax executions and property
sold at tax sales so productive re-use of land is encouraged and rewarded.
Explanation: Tax delinquent properties impose significant costs on
neighborhoods and communities by lowering property values, increase fire and
police protection costs, decrease tax revenues to pay for services and
undermine community cohesion. The scale of the problem has increased due to the
recession, the collapse of the real estate market and the lack of access to
credit. Tighter local government budges mean fewer resources to support
non-revenue producing properties and prevent nuisance properties from harming
revenue-generating property. A land bank is a public authority created locally
to efficiently acquire, hold, manage, rehabilitate and develop tax-delinquent
and other abandoned property. Land banks convey the properties to adjacent
owners, developers, community development organizations or others for
productive use. There are currently twelve land bank authorities in Georgia.
The current state law limits the ability of land banks to effectively respond
to spreading tax delinquencies and a stagnant real estate market. Legislation
is needed which allows cities and counties to provide local land banks with the
tools necessary to address these problems.
7. UNFUNDED MANDATES:
(GMA Legislative Agenda Item below is of specific interest to Columbus and
should be supported by the Legislative Delegation.)
The CCG supports GMA in opposing any legislation which creates unfunded
mandates that impacts cities.
Explanation: Unfunded mandates, typically laws or regulations created by the
state or federal government which are imposed on local governments, impose
costs or require local government expenditures without providing the funding to
pay for those costs or expenditures. In order to pay for the mandates, local
governments are often forced to raise taxes or to reduce services and costs in
other areas. Any requirements imposed on local governments by the state or
federal government should be accompanied by sufficient funding to pay for the
cost of complying with the requirements.
8. IMMIGRATION:
(GMA Legislative Agenda Item below is of specific interest to Columbus and
should be supported by the Legislative Delegation.)
The CCG supports GMA in seeking to ensure that any state laws placing mandates
on cites related to immigration enforcement are practical, unambiguous and
reasonably administrable.
Explanation: Recent legislation has placed unnecessary mandates and burdensome
administrative work upon city employees. The state laws creating these mandates
are either so vague or so broad in critical areas as to make local compliance
either extremely difficult or pointless. Any new law should be clear so that
cities can implement reasonable efforts to curtail illegal immigration.
9. MILITARY RETIREES STATE INCOME TAX EXEMPTION:
The CCG is requesting legislation that would allow an exemption similar to that
in Alabama from state income tax for military retirees. The Alabama Code
provision is attached. Requested by: Mayor Teresa Tomlinson
Explanation: "To maintain Columbus, Georgia as a competitive economic hub that
continues to attract military families and retirees to our community."
10. TREE PLANTING BEAUTIFICATION PROJECTS:
Introduce legislation that would amend OCGA Section 32-6-75.3 and any
applicable portion of the Georgia DOT Policy Manual to provide that tree
planting beautification projects constructed by consolidated governments
pursuant to DOT agreement, input and approval on state right-of-way prior to
July 1, 2011 shall be considered ?permitted projects? under said statue and
Policy Manual.
Requested by: Mayor Teresa Tomlinson.
11. SCRAP METAL PROCESSORS:
Introduce/support legislation to strengthen state law regulating scrap metal
processors and to increase penalties for violations of said laws and for
convictions of theft of scrap metals. (Carry over from 2009, 10, 11 and
Amended for 2012) Requested by: Mayor Teresa Tomlinson
Explanation: We recommend the amendment of Article 14 of Title 10 of Code
which is entitled "Secondary Metals Recyclers" to make the following changes:
a) require someone to present a business license or police permit to sell
salvaged copper; b) require the same type of statutory dealers' reporting
requirements that pawn brokers have under Columbus Code Sec. 15-8; 3) add as a
penalty for the knowing or reckless receipt of stolen property that the scrap
metal dealer's license can be pulled for a period of time or not less than one
month and not more than one year. If it is not possible for the state statute
to be strengthened in these regards, we would request in the alternative that
O.C.G.A. sec. 10-1-358 be revised to allow local governments to impose
regulatory requirements that are stricter than the state statutory mandates.
12. HIGH SPEED RAIL:
The CCG recommends that the state take necessary steps to provide funding for a
study to advance the development of light rail from Atlanta to Columbus. (Carry
over 2010,11) Requested by Rick Jones, Director of Planning
Explanation: Efforts are underway now by the Georgia Department of
Transportation to develop a light rail system throughout the state. A great
deal of discussion is being made about routes between Atlanta and Athens;
Atlanta and Macon; and even Atlanta to Chattanooga. Columbus is mentioned in
the plan, but is way down on the list of priorities. Achievements need to be
made now to insure that Columbus is not left out of this process, as it was
when the interstate system was developed in the 1960?s. A proactive stance
needs to be initiated through a state funded study to determine the potential
route, ridership, and cost for such a transportation mode.
13. MANDATORY ELECTRONIC DEPOSIT OF WAGE PAYMENTS:
The CCG supports changing O.C.G.A. ? 34-7-2 "Payment of wages by lawful money,
checks, or credit transfer; selection of payment dates by employer" to remove
"with the consent of the employee" from payment "by authorization of credit
transfer to his account with a bank, trust company, or other financial
institution" This change will allow mandatory electronic funds transfer by
employers in Georgia for payment of wages. Requested by Tom Barron, Director of
Human Resources
Explanation: The CCG recognizes the hardship that may be placed on employees
if the employer is unable to make payment of wages through normal means due to
a natural or other disaster. This was the case for Slidell, Louisiana after
Hurricane Katrina, when their employees were literally scattered across the
country, unable to access needed funds that Slidell had to pay them because all
the local banks were closed for an extended period of time. Employees using
electronic funds transfer did not experience this problem and now Slidell
mandates electronic funds transfer for all employees. Georgia employers are
not able to mandate electronic funds transfer unless current Georgia law is
changed by removing the requirement for employee consent. Although some
employees may not be able to open a traditional bank account due to their
credit history, employers that wish to mandate electronic funds transfer have
payment (debit) card and other electronic banking options available to assist
these employees. As a safeguard for these employees the law could also include
a requirement for employers that provide electronic payment cards or other
electronic payment options, that the card or option must allow at least one (1)
free withdrawal per pay period at no cost to the employee.
14. TRANSPORTATION PROJECTS
The CCG recommends that the state take necessary steps to reinstate matching
funds for Road Projects (MPO?s). (Requested by Rick Jones, Planning ? Carry
over from 2010/11 and amended by Saundra Hunter, Director of METRA for 2012)
Explanation: In 2009, the Georgia Department of Transportation (GDOT)
announced it would no longer provide a ten (10) percent match towards the
operation funds of the Columbus-Phenix City MPO. Under this system, the
federal government would provide eighty (80) percent of the funds, with the
other twenty (20) percent coming from the state and
local governments. After this announcement, GDOT reversed itself and held off
on this requirement until FY2011. During the City?s last budget process, this
additional ten (10) percent requirement was incorporated and will now be paid
on an annual basis. This additional financial burden should be returned to the
state to help our MPO and others
statewide meet their budgets.
The GDOT discontinued the 10% state match for urban transit system, capital and
planning funds. The Federal Transit Administration annually appropriates 5307
Program funds at the 80% level for urban systems like Columbus/Muscogee
County. The state in turn matches the federal appropriation by 10% and the
local match becomes 10%. In 2012 the state
ADDITIONAL INFO: The GDOT discontinued the 10% state match for urban transit
system, capital and planning funds. The Federal Transit Administration
annually appropriates 5307 Program funds at the 80% level for urban systems
like Columbus/Muscogee County. The state in turn matches the federal
appropriation by 10% and the local match becomes 10%. In 2012 the state no
longer provided the 10% match. The City now has to match the Federal
appropriation at the 20% level. We strongly urge GDOT to reinstate the 10%
match for 5307
Urban System FTA 5307 capital and planning grant funds on a permanent basis.
(Requested by Saundra Hunter, Director of METRA Transit System)
15. MINIMIZATION OF CONSUMPTIVE WATER USE
The CCG recommends that the state take necessary steps to encourage
minimization of the consumptive use of water to assure that downstream users
water rights are fully protected. Such legislation should be incorporated into
requirements for all State Water Planning activities. (Requested by Billy
Turner, former President of the Cols. Water Works and requested to keep on list
by Bob Tant, current President of Cols. WW - Carry over 2009/10/11)
Explanation: Water professionals, water purveyors, and local government
official recognize the need to minimize consumptive water use as a requirement
to provide excellent water stewardship and thereby reduce adverse impacts to
downstream users.
Minimization of consumptive water use should be strictly managed as a
fundamental consistency with the regulated riparian rights policy that governs
water uses in Georgia. Water withdrawal coupled with a high return rate yield
minimal impact to the water supply source. However, consumptive uses such as
septic tanks, inter basin transfers, evaporative losses, irrigation, land
application of treated wastewater and other uses that do not return water to
the supply source on a timely basis, are inconsistent with regulated riparian
rights which allow for beneficial use of water provided that adjacent users are
not adversely impacted.
Legislation to minimize consumptive use would be a logical sequence to the
Water Conservation Act (Senate Bill 370) that provides for more accurate water
measurement. Measurement of consumptive water use is fundamental to managing
water resources in a sustainable manner that will allow for reduction in
consumptive uses.
16. PHOTO REQUIREMENT ON HANDICAP PARKING PERMIT
The CCG recommends that the state take necessary steps to require a photo of
the disabled person be placed on the handicap parking permit that is issued for
hanging on the rearview mirror. (Carry over from 2010/11) Requested by
Councilor Woodson
Explanation: To prevent misuse of handicap parking permits. Handicap parking
permit will be used only when individual that were issued the permit is driving
the vehicle or is a passenger. Only one permit will be issued to each
qualified person. South Carolina handicap parking permit photo requirement
went into effect January 1, 2010.
17. COPIES MADE UNDER OPEN RECORDS ACT
The CCG recommends that the state take necessary steps to increase the amount
municipalities can charge per page for copies under the Open Records Acts from
twenty-five cents to fifty cents per copy (.25? per copy to .50? per copy)
(carryover from 2010/11) Requested by Tiny Washington, Clerk of Council
Explanation: The per page charge is currently twenty-five cents as set by the
Georgia Open Records Act. Many citizens obtain copies of records free by
researching city records online. The increase in the charge will cover
increases in costs of staff, paper and machinery. The cost of .25? has not
been increased since it was set in 1988.
18. UGA COOPERATIVE EXTENSION SERVICES
The CCG recommends that the state take necessary steps to support continued
funding for the University of Georgia Cooperative Extension Service and its
county delivery system. (Carry over from 2008/9/10/11) Requested by Joanne
Cavis, Cooperative Extension Service
Explanation: The CCG supports the mission of the UGA Cooperative Extension and
its county delivery system in order to meet the education and information needs
of the people who live and work in Columbus, Georgia. Lack of funding would
devastate the organization and make it very difficult to carry out our
land-grant mission. The University of Georgia is a land-grant institution with
a three-fold mission: instruction, research and public service/outreach. The
PS/O faculty in the College of Agriculture and Environmental Sciences (CAES)
are known as ?Cooperative Extension Agents?. As our population increases and we
have greater economic and social problems, Cooperative Extension can bring the
resources of a great land-grant university to the people where they live and
work, to help solve the problems of the 21st Century.
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