2013
??????
Proposed
Legislative
Agenda
-DRAFT-
Columbus Consolidated Government
Columbus Consolidated Government
2013 PROPOSED Legislative Agenda
November 30, 2012
DRAFT
REDEVELOPMENT POWERS:
The Columbus Consolidated Government is requesting legislation to exercise
redevelopment powers under Chapter 44 of Title 36 of the Official Code of
Georgia annotated and authorize that a referendum be held on a date as
determined by the governing authority of Columbus, Georgia. (Requested by
Uptown Columbus and Chamber of Commerce)
Explanation: Approval would allow voters to decide whether Columbus will be
authorized to use this tool to encourage development and financing
redevelopment in redevelopment areas or districts that have not been subject to
growth and development through private enterprise and would not reasonably be
anticipated to be developed without the approval of the redevelopment plan to
improve property values, reduce poverty, reduce unemployment, relieve general
distress and blight, and to relieve a substantial lack of economic
development. Such districts may also include one or more natural, historical,
or cultural assets which have not been adequately preserved, protected, or
improved without the approval of the redevelopment powers tool (the improvement
of the area is likely to enhance the value of a substantial portion of the
other real property in the district).
2. CHARTER REVIEW AMENDMENT ? MINOR CORRECTIONS/REVISIONS:
The Columbus Consolidated Government is requesting legislation to amend the
Columbus Charter to make minor corrections and revisions as recommended by the
Charter Review Commission without referendum. Carryover from 2012 Session
(Recommended by Charter Review Commission.) (Did not pass by end of 2012
Session, please reintroduce this year.)
Explanation/Examples:
Sec. 1-100. Consolidation of city and county; creation of consolidated
governments; name.
? All areas of Muscogee County outside of Bibb City and the? Bibb City
no longer exists but is mentioned numerous times in this section (Strike Bibb
City throughout where mentioned).
Sec. 1-103. Taxing districts. (2) ?Notice of time, place and date of
such hearing shall be published in one (1) or more newspapers of general
circulation including that with the largest circulation in Muscogee County?
(Strike Muscogee County and replace with Columbus, Georgia).
3. CHARTER REVIEW AMENDMENT ? PERSONNEL REVIEW BOARD:
The Columbus Consolidated Government (CCG) is requesting an amendment to the
Columbus Charter so as to revise Section 4-610 of the Columbus Charter
pertaining to the powers, duties and composition of the Personnel Review Board
without Referendum, so as to reflect the current function of the Personnel
Review Board. The functions proposed for deletion are currently performed by
officials and Departments of the CCG, outside consultants, and in some
instances, the Council itself. (Requested by Mayor)
Explanation/Examples: The proposed revisions will remove certain duties of
the Personnel Review Board, which are currently performed by Council, other
departments and officials of Columbus.
Sec. 4-610. - Personnel review board.
(1)
The personnel review board shall make recommendations on personnel rules and
regulations; hear appeals from employees under procedures established by
ordinance of the Council pertaining to classification, reclassification and
allocation of positions within the merit service; hear appeals from significant
disciplinary actions; investigate conditions of employment in the service of
the consolidated government and report thereon at least annually to the
Council; and perform such other functions and duties as may be required by
ordinance.
(2)
Pursuant to the authority of Code Section 36-1-21 of the O.C.G.A., the
personnel review board shall hear appeals by employees of elected county
officers and employees of other commissions, boards, or bodies of the county
when said county officers or commissions or boards or bodies make written
application for the inclusion of their employees in the merit system of the
consolidated government, and such appeals shall be heard under the provisions
of the Columbus Personnel Regulations or under such other provisions as may be
ordained by the Council.
(3)
The personnel review board shall consist of five (5) regular members and five
(5) alternate members. Each alternate member shall be designated as the
alternate for a particular regular member. In the absence of any regular
member, the alternate so designated for his or her place shall sit as a
substitute for said absent member and shall be empowered to act as a regular
member until such time as the proceedings begun in the absence of the regular
member are concluded.
4. 2013 FAIR MARKET VALUE:
The Columbus Consolidated Government is requesting legislation to allow
counties or consolidated governments with a frozen homestead value or base year
homestead value pursuant to local constitutional amendment or local legislation
to consider other factors besides ?distress sale, short sales, bank sale, or
sale at public auction? in determining fair market value for the ?next taxable
year? under O.C.G. A. Section 48-5-2 (3). (Requested by Councilor Barnes)
Explanation: We have a case currently in the Georgia Supreme Court. The way
O.C.G.A. Section 48-5-2(3) is currently written, we will lose revenue over the
years if we have to freeze values at distressed sales, which can be as much or
as less than 50% of what it has been valued in the past. If the Georgia
Supreme Court rules that we have to use all sales as the frozen value, the
proposal in the 2013 legislation will be greatly needed. Also, this places a
burden on all other taxpayers. Maybe our delegation can get the other counties
with similar situations to join with them.
5. PUBLIC SCHOOLS FUNDING:
The Columbus Consolidated Government is requesting the delegation support
legislation to restore full funding to our public schools. (Request as a
result of a meeting between Muscogee County School Board/MCSB Chair, Muscogee
County School District/MCSD Superintendent, Mayor and City Manager)
Explanation: The MCSD has experienced a reduction in State Quality Basic
Education (QBE) allotment due to austerity cuts over the past 11 years totaling
$119.5 million. Over the past three years, austerity cuts have totaled $20.5
million in FY11, $24 million in FY12 and $24.1 million in FY13. Additionally,
the changes to the State Equalization Funding Formula have significantly
decreased funding by $5.1 million in FY12 and $2.5 million in FY13. MCSD total
FY13 State funding level is below the FY06 State funding level. These
reductions severely limit the school district?s ability to conduct its core
business ? the educating of K-12 students. We are requesting that you please
support any effort to restore Austerity and/or Equalization funding.
6. DRIVER?S LICENSE RENEWAL:
The Columbus Consolidated Government is requesting that the local delegation
consider repealing the law concerning all of the documentations that is
required for an individual to renew their drivers? license. (Requested by
Councilor McDaniel ? 7/10/12)
Explanation: This law is putting a tremendous burden on citizens with the new
law requiring individuals to have a certified birth certificate, a social
security card and two sets of evidence to show where they live.
7. PRETRIAL DETAINEE:
The Columbus Consolidated Government is requesting legislation to require a
conference including the Superior Court Judge, District Attorney and Public
Defender after a period of six months from the date of preliminary hearing for
any pretrial detainee without a jury trial date scheduled. (Requested by
Councilor Barnes.)
Explanation: The time period is too long from the detainee?s initial
appearance in Recorder?s Court to a subsequent court trial date.
8. SPECIALTY TIER DRUG STUDY AND MORATORIUM/CREATE A JOINT STUDY COMMITTEE:
The Columbus Consolidated Government is requesting the delegation support
legislation to create the Joint Study Committee on Specialty Tier Drugs with an
Advisory Task Force required to report on the effects of Specialty Tier Drugs
and cost-sharing, including coinsurance impact on enrollees; and for purpose of
evaluating its disease, minority and economic discriminatory practices; and to
support legislation to make such drugs more affordable for all Georgians. We
ask for a twenty-four month (24) moratorium on current out ?of-pocket expenses
for all health insurance plans in Georgia. (Requested by Councilor Barnes)
Explanation: Traditional prescription drug benefit plans included
well-established multi-tiered drug formulary structures. Typically, generic
drugs are placed in the first tier with preferred brand name drugs in the
second tier and non-preferred brand drugs in the third tier. Specialty Tiers
involve fourth or greater tiers where such prescriptions typically do not have
a generic equivalent and are very expensive to manufacture with special storage
and administration requirements. Prescription drugs in Specialty Tiers may
include injectable or infused biological agents and are often used to treat
conditions such as Hemophilia, HIV/AIDS, Hepatitis, Multiple Sclerosis, Lupus,
Cancers, Juvenile Rheumatoid Arthritis, Rheumatoid Arthritis, and other rare,
chronic conditions. These are cutting-edge drugs that do not have generic
equivalents. Specialty Tiers require a patient to pay a coinsurance currently
ranging from twenty to almost fifty percent (20-50%) of the drugs? cost.
In Georgia, insurance companies are implementing Specialty Tier categories.
Georgia has an opportunity to join 19 other states that are moving forward with
legislation to support transparency of prescription coverage protecting
patients? full access to Specialty Tier drugs without financial devastation.
9. SCRAP METAL PROCESSORS:
The Columbus Consolidated Government is requesting the delegation support
legislation to make two amendments to the Secondary Metal Recyclers Act
contained at O.C.G.A. Sections 10-1-350 et seq. as follows: (Requested by the
Copper Theft Task Force)
Explanation:
To amend O.C.G.A. ?10-1-355 to allow metal recyclers to make cash payments not
to exceed $50.00 for regulated metal property.
To amend O.C.G.A. ?10-1-356 to reinstate the the criminal charge of ?Prohibited
Acts, False Statement of Ownership? which was contained in that code section
prior to the 2012 amendments made by HB 872.
10. POINT OF SALES DATA
The Columbus Consolidated Government is requesting 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)
(2012 SESSION NO GENERAL BILL INTRODUCED ? DELEGATION SUPPORTS)
Explanation/Example:
1. Require the Department of Revenue to collect data showing sales tax
collections in cities;
2. Fully capture all data, whether electronically or manually filed;
3. Require the Department of Revenue to share sales tax data for collections
within municipal boundaries;
4. To the extent required to protect taxpayers, support confidentiality and
privacy of information shared with cities;
5. Support efforts to increase audits to ensure compliance; and,
6. Allow for more timely remittance of sales tax dollars to local governments.
11. REGIONAL TRANSPORTATION SALES TAX:
The Columbus Consolidated Government is requesting that the delegation take
necessary steps to incorporate changes to the 2010 Regional Transportation
Sales Tax as follows: (River Valley Regional Commission Region-Approved by
voters July 31, 2012)
(Requested by Mayor)
Explanation:
Oppose any changes to the Transportation Investment Act of 2010 that would
negatively impact the regions that passed the T-SPLOST referendum.
Oppose any efforts to redirect transportation funds away from the regions that
passed the T-SPLOST referendum.
12. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY:
The Columbus Consolidated Government is requesting legislation recommending the
state take necessary steps to fund an adolescent residential treatment facility
in Muscogee County. (Requested by Mary Bode, Juvenile Court).
Explanation: Currently, there is a need in the community for a residential
substance abuse treatment facility for adolescents. In 2006, Alchemy
Residential Treatment Facility operated by New Horizons Community Service Board
was closed. The Muscogee County Juvenile Drug Court participants that are in
need of a higher level of treatment are being placed in DHR facilities
throughout the state of Georgia. Recently, four DHR facilities have closed
limiting placement resources for the Muscogee County Juvenile Drug Court.
These existing DHR placements require transportation and participants receive
minimal family engagement in the treatment process due to the distance of the
placement locations. Drug Court Staff also travel weekly to treatment
facilities to conduct intakes, discharges and treatment progress meetings. A
facility located in Columbus, Georgia would benefit the community by reducing
travel expenses and will assist with staff utilization more efficiently. This
will also enable the youth to remain enrolled in the Muscogee County School
District
with less academic disruption. The Muscogee County Juvenile Drug Court
continues to strive to enhance services for substance abusing adolescents and
this need being met will assist in increasing staff and family engagement both
in the treatment and re-entry processes.
13. TECHNOLOGY FEE/COURT COST FOR RECORDER?S COURT:
The Administrative Office of the Courts has opined that an act of the Georgia
General Assembly is necessary for the creation of a recorder?s court technology
feet. Therefore, this Council desires that the local legislative delegation
introduce local legislation at the 2013 Session of the Georgia General Assembly
to authorize assessment of a technology fee/court cost in the Recorder?s Court
of Columbus, Georgia. (Requested by Recorder?s Court Administrator/Judge
Cielinski)
Explanation: Recorder?s Court provides citizens of Muscogee County with fair
and impartial justice, promote public safety, enhance public trust and
confidence, and safeguard the constitutional rights of all who appears in this
court. In accomplishing this mission, a court technology fee is being
requested in order to provide better services by purchasing supplies, equipment
and technology to operate the court such as an Eticketing System, card reader
and creation and operation of an online payment system.
COLUMBUS CONVENTION & VISITOR?S BUREAU
14. HOTEL TAX: Background from the Lodging Tax Primer developed by The
international Society of Hotel Association Executives (ISHAE) Lodging Tax Task
Force, in collaboration with the American Hotel & Lodging Association (AH&LA):
Hotel/motel tax was originally created so that local governments would not have
to bear the full burden of the cost of marketing to attract travelers. Through
their contract with a Convention & Visitors Bureau, Chamber or other non-profit
501c6, a municipality invests in marketing their entire geographic area and all
of its assets as a destination for leisure and business travelers. Hotel/motel
tax revenue should not be diverted to non-tourism related purposes.
Explanation: The Columbus Convention & Visitors Bureau supports monitoring and
oversight of hotel/motel tax law, including changes or modifications to the
existing tax code and the creation of new convention & visitors? bureaus;
continued clarification in the code that defines the acceptable uses of the
Georgia Hotel/Motel Tax and protects funding for destination marketing.
THE LOCAL GROWTH BILL: Background: Enabling legislation that would allow local
communities to pass a fraction of a penny sales tax for economic development
and the arts. The Local Growth Bill is sponsored by Rep. Ron Stephens
(R-Savannah) and many bi-partisan co-sponsors.
Explanation: The Columbus Convention & Visitors Bureau supports the ?Local
Growth Bill.?
Georgia Tourism Development Act: The law allows tax incentives for eligible
tourism development projects. However, no rules have been written addressing
how to designate tourism projects for the tax credit, leaving the state unable
to administer the program. Currently there are several projects on hold until
this tax credit program is implemented.
Explanation: The Columbus Convention & Visitors Bureau supports efforts to
ensure that the Georgia Tourism Development Act is enacted, resulting in
economic growth for our state.
REQUESTED BUT NOT LISTED ON 2013 LEGISLATIVE AGENDA:
1. JUVENILE DRUG COURT ADMINISTRATOR:
The Columbus Consolidated Government is requesting legislation recommending the
state take necessary steps to fund the Juvenile Drug Court Administrator
position. (Request of Councilor Davis 5/31/12).
Mary Bode requested this item not be listed for the following reasons:
Regarding Councilman Davis' request regarding funding the Juvenile Drug Court
Coordinator Position:
The Criminal Justice Coordinating Council has awarded the Muscogee County
Juvenile Drug Court a grant in the amount of $38,000. This grant will fund the
position from October 1, 2012-June 30, 2013. The Muscogee County Juvenile Drug
Court is requesting that this position be a city-funded position along with the
other staff positions under the drug court and that funds from the State be
allocated for treatment and programming.
2. POLICE TRAINING FACILITY:
The Columbus Consolidated Government is requesting the local delegation to take
all action necessary to ensure that the police training facility remains in
Columbus, GA. (Requested by Councilor Allen ? 5/21/12 at a Council Budget
Review Committee Meeting)
(NOTE: CONTRACT HAS BEEN SIGNED REGARDING POLICE TRAINING FACILITY -- WILL NOT
BE MOVING TO GEORGETOWN.)
Explanation: The contract has been signed regarding the Police Training
Facility and it will not be moving to Georgetown.
The state of Georgia?s Mandate Academy, for the region, is located on the
campus of the Columbus State University Campus. All newly hired law
enforcement officers must attend, and graduate from a 400 hour course of study
sponsored by the state of Georgia in order to become certified as a law
enforcement officer in the state of Georgia.
The Columbus Police Department and this area are the largest users of the local
academy. If the facility is moved from Columbus, we will have to increase the
local budget to include travel, lodging, and meals for academy attendees.
3 911 SURCHARGE:
The Columbus Consolidated Government is requesting that the state delegation
takes necessary action to introduce/support legislation to increase 911 fees
from $1.50 to $2.50 for telephone landlines and wireless from $1.00 to $2.50.
Explanation: The E911 Revenue from landlines and wireless does not support
the operation of the E911 Center. The E911 operation has been subsidized by
the General Fund and Other Local Option Sales Tax Fund in the current fiscal
year and previous fiscal years. The loss of the number of landlines due to
customers eliminating this service directly reduces the revenue generated to
support this critical function.
Mayor Tomlinson has been appointed by the Governor to serve on the
9-1-1 System Modernization and Balance Funding Model Commission to study and
make recommendations on updating 9-1-1 funding model to reflect current and
evolving technology.
4. INDIGENT BURIALS/CREMATIONS:
The CCG is requesting the state delegation support legislation to amend
O.C.G.A. Section 36-12-5 so as to define the term ?indigent? and to specify a
state agency to determine ?indigence? for purpose of burial of ?indigent?
persons; and to include ?cremation? along with ?decent interment.? (Request of
Councilor Barnes)
Explanation: At the current time, state law does not define ?indigent?. The
inclusion of a definition would provide guidance in applying the law.
Attachments