ACCG Legislative Update page 3
Legislative Update is published by the Association County Commissioners of
Georgia
50 Hurt Plaza, Suite 1000 Atlanta, Georgia 30303 404.522.5022 FAX 404.525.2477
Legislative Update
Volume 16, Number 11 April 4, 2006
2006 SESSION OF THE GEORGIA GENERAL ASSEMBLY CONCLUDES
On Thursday, March 30th, the 2006 Session of the General Assembly
adjourned sine die. Thanks to your communication with members of the General
Assembly, almost all legislation having a negative impact on counties was
either stopped or amended and several pieces of legislation benefiting counties
were passed.
This Legislative Update contains a brief description of each of the
bills with an impact on Georgia?s counties that passed in 2006 including the
budget. In addition, a chart noting bills that were reported during the session
but failed to pass is also included. Bills not passed this session do not carry
over to the 2007 session. A final legislative report, including effective dates
for each bill, will be prepared once the 40 calendar day period for the
Governor to sign or veto bills has expired on May 9th.
ECONOMIC DEVELOPMENT AND TRANSPORTATION
[Staff: Matthew Hicks]
HB 363 Make Government License Plates Permanent (Rep. Jack Murphy, R-23)
This bill removes the five year renewal requirements for license plates on
government vehicles. It raises the initial tag fee to $3.00 per vehicle but
allows that tag to remain valid for the life of the vehicle in government
service.
HB 1097 Change Billboard Laws and Remove Tree Cutting Restriction (Rep. Tom
McCall, R-30)
This bill prohibits billboards that advertise entertainment appealing to the
prurient interest. It also allows LED multiple messages boards, removes
current tree cutting restrictions in front of billboards, and lowers the height
of billboards.
HB 1106 Change Axle Weight Limit on Trucks
(Rep. Tom Graves, R-12)
This bill allows trucks hauling construction aggregates to exceed current per
axle weight limits, but does not raise the maximum gross weight limit of 80,000
pounds. The Georgia Department of Transportation advises no new postings will
need to occur.
HB 1236 Register Vehicle Where Used
(Rep. Joe Wilkinson, R-52)
This bill allows a vehicle to be registered where it is primarily used. The
legislation requires ad valorem taxes be paid in the county of residence prior
to registration in the county of use.
HB 1313/HR 1306 Reform Eminent Domain Laws
(Rep. Rich Golick, R-34)
This legislation dramatically reforms general condemnation laws in the state
and is expected to increase costs of using eminent domain and will promote
lawsuits. In addition to a number of procedural changes, the bill provides for
increased court review and supervision of condemnation cases, increases
compensation for condemnees, implements new notice requirements including
personally serving property owners of proposed condemnations, narrowly defines
?blight?, and removes the power of eminent domain from non-elected authorities.
HB 1412 Encourage Purchase of Biodiesel Fuel
(Rep. Tommy Smith, R-168)
This legislation encourages every county, city, school and state vehicle to use
clean renewable fuel if such fuel is compatible with the technology of the
vehicle, is reasonably available and is similar to the cost of conventional
fuel.
HR 1128 Establish House Business Incentive Study Committee (Rep. Larry O?Neal,
R-146)
This bill establishes a five person study committee made up of state
representatives to examine the economic benefit of granting tax and other
incentives to businesses.
SB 150 Create five-year grant program for Streetcars
(Sen. Sam Zamarripa, D-36)
This bill creates a five-year grant program housed in the State Road and
Tollway Authority to provide assistance to local governmental authorities, as
well as public-private partnerships, in the creation of streetcar
transportation and related economic and community development opportunities.
The grant program begins when funding becomes available for such purposes. No
state funds or bonds can be issued for the program unless approved by an act of
the General Assembly.
GENERAL COUNTY GOVERNMENT
[Staff: Jim Grubiak]
HB 304 Building Inspections: Regulatory Fees/ Fireworks Ordinances Preempted
(Rep. Ron Dodson, I-75)
Regulatory Fees: As introduced last session, HB 304 would have required that
fees for inspection services be calculated on an individualized job basis
taking into account actual time spent on each job and other expenses related to
the specific inspections. ACCG strongly opposed the original version of the
bill. However, a substantially improved substitute bill passed. As amended, the
bill establishes several methods for calculating regulatory fees including flat
fees according to occupation, flat fees according to type of permit or
inspection, fees based on hourly rates, fees based on hourly rates plus
administrative expenses; and fees based on number of square feet of
construction in conjunction with building valuation data published by the
International Code Council. This bill also amends existing law which allows
regulatory fees to be paid within two days after commencing the service being
provided when the services are necessary for the health or safety of the
individuals seeking the service. The new language allows the deferred fees when
commencing service is necessary for the ?comfort? of the individuals seeking
the service. The revised bill is a product of deliberations between the
building inspectors? professional organization, ACCG, GMA, utility contractors
and the author.
Fireworks Ordinances: The bill was also amended to address an unrelated topic.
Specifically, HB 304 amends existing law relating to the regulation of
fireworks. It provides that any county or city ordinance that attempts to
regulate the sale of fireworks beyond what is allowed by state law under Code
Section 25-10-1 is expressly preempted and void.
HB 941 Authorizing Posting of Historical Documents (Rep. Tommy Benton, R-31)
Authorizes counties and cities to post a display known as the Foundations of
American Law and Government in a visible and public location in the judicial
facilities of the county or city. The documents include the Mayflower Compact,
the Declaration of Independence, the Magna Carta, the Ten Commandments, the
Bill of Rights, and other documents.
HB 1385 Private Employment of Professional Engineers and Architects for Plan
Review (Rep. John Heard, R-104)
If a county that manages a building code inspection department is unable to
provide plan review within 30 business days of receiving a request for review,
the builder or developer, at its own expense, may retain the services of an
independent professional engineer or architect to undertake the review. The
review by the outside party will have to meet at least the same standards as
the review performed in-house. All fees otherwise due the county will still be
due the county. If the plan meets all requirements, the engineer or architect
retained to conduct the review will prepare an affidavit that the plan meets
standards provided in law. The bill also authorizes counties to pre-qualify and
de-certify engineers or architects to serve as independent third-party
reviewers. ACCG, GMA, DCA, the state insurance department and the building
inspectors? professional association (BOAG) worked with the general
contractors? association and others in ensuring that the public?s interest are
protected.
SB 84 Voter ID (Sen. Cecil Staton, R-18)
SB 84 revises the voter ID legislation passed during the 2005 legislative
session. The changes are intended to address flaws found in the original law by
the federal courts. Of significance to counties, SB 84 would require each
county board of registrars to establish at least one place in each county where
voter ID cards containing a color photograph of the applicant can be obtained.
SB 84 would prohibit the charging of a fee for the application for or the
issuance of an ID card. The voter ID card would be issued upon presentation and
verification of the following identification information by the board of
registrars: (1) a photo identity document or a non-photo identity document that
includes both the person?s full legal name and date of birth; (2) documentation
showing the person?s date of birth; (3) proof of the person?s social security
number; and (4) documentation showing the person?s name and address. Once
issued, the ID card does not have to be renewed so long as the person?s address
remains the same. In order to avoid creation of a substantial financial burden
on county taxpayers, SB 84 also specifies that the State Election Board shall
provide each board of registrars with the necessary equipment, forms, supplies
and training for the production of the voter ID cards. The bill also requires
the state to maintain the equipment.
SB 450 Compensation Adjustments for County Officers, Magistrates, Commissioners
an Coroners
(Sen. Brian Kemp, R-46)
This bill addresses compensation of sheriffs, probate judges, tax
commissioners, clerks of superior court, magistrates and county commissioners
as follows: (1) The bill rolls the four previously approved annual COLAs
provided to county officers and magistrates since 2001 into a new base salary.
This will improve the process of calculating salaries this coming year. (2) The
bill makes adjustments in salaries of the probate judges, tax commissioners,
clerks of court and magistrates by making the salary schedules uniform for each
population category for each position. Some county officers and magistrates
will get additional compensation as a result of applying uniformity. Note that
sheriffs will continue to have a higher salary schedule than the other three
county officers and the magistrates recognizing the inherent risks associated
with the sheriffs? responsibilities. (3) Rather than wait until the next
decennial census, county officers and magistrates will be entitled to
compensation under higher population brackets whenever a county moves into the
higher population bracket according to DCA population estimates in effect on
July 1 of any year; (4) All county officers and magistrates will get a
2 ? % increase in compensation across the board. (5) A longevity increase
provision is enacted for county commissioners whereby compensation will be
automatically increased by 2 1/2% every four years upon being reelected similar
to the longevity raises county officers and magistrates get upon being
reelected. The first longevity increase for commissioners will take effect for
commissioners reelected in the November 2006 general election. (6) Finally,
coroner fees will be increased from $125 to $175 per investigation where no
jury is impaneled. The $250 coroner fee for investigations where a jury is
impaneled is unchanged. Compensation increases take effect January 1, 2007.
SR 1315 Recognizing Annexation Problems and Urging ACCG and GMA to Propose
Corrective Legislation
(Sen. Don Balfour, R-9)
SR 1315 recognizes that annexation is a problem especially in urban and
urbanizing areas of the state. The resolution ?strongly urges that the Georgia
Municipal Association and ACCG make every effort to resolve the problems
created by annexation for counties, school districts, and the public.? In
addition, the resolution urges that legislation to resolve the problems of
annexation be jointly prepared and proposed by the two associations in time for
consideration in the 2007 session of the General Assembly.
HEALTH AND HUMAN SERVICES
[Staff: Suzanne Nieman]
HB 1178 Establish program for unused prescription drugs (Rep. Cecily Hill,
R-180)
This bill allows Georgians without health insurance to receive unused
pharmaceuticals from nursing homes, hospices and other health care facilities.
The program will recycle those drugs wrapped in individually sealed doses and
in original packaging. The bill would bar recycling of narcotics or controlled
substances. It includes provisions to protect physicians, pharmacists, health
care facilities and workers and drugs companies from liability concerns. The
state is expected to begin a statewide program January 1, 2007 unless it
launches a pilot program first.
HB 1223 Provisions for Community Service Boards
(Rep. Jeff Brown, R-69)
This bill reconstitutes the community service boards; however governing
authorities would still make the appointments to the community service boards
ensuring that the members reflect the cultural and social characteristics of
the community service board area. The bill will allow community service boards
to contract to provide services through the State?s managed care program for
Medicaid recipients.
HR 1287 Joint Public Libraries Study Committee
(Rep. Chuck Sims, R-169)
The resolution creates the Joint Public Libraries Study Committee to examine
the state public library system established in Georgia in the 1940?s. The
committee will have 19 members, one to be appointed by ACCG.
HR 1663 House Study Committee on Public Health
(Rep. Donna Sheldon, R-105)
The resolution creates a House study committee to examine the county health
department grant-in-aid founding formula and the mission of Public Health.
SB 529 Georgia Security and Immigration Compliance Act (Sen. Chip Rogers, R-21)
This bill contains numerous provisions concerning undocumented persons. The
bill denies some state benefits to undocumented adults and after January 1,
2008 uses the tax code to penalize employers with undocumented people on their
payrolls. The bill includes language from the 1996 federal law referring to the
Attorney General?s specification of state and local services that remain
available to undocumented people and will not require verification. Among
these are medical and public health services, including treatment and
prevention of diseases and injuries and mental health, disability, or substance
abuse assistance necessary to protect life or safety and delivered in-kind in
the community without being conditioned on patients? income or resources. The
bill requires that a contractor or subcontractor doing business with any state
or local government agency use a federal work authorization program to verify
the legal status of all new hires, effective on or after July 1, 2007.
SB 572 Medical Assistance Managed Care Fraud
(Sen. Greg Goggans, R-7)
This bill was requested by the Department of Community Health (DCH) to address
the issue of Medicaid fraud and became the vehicle for HB 1473. The bill
requires DCH, the DCH board or any other representative of the state to notify
the legislature of any request for a waiver affecting 20,000 or more
individuals in the Georgia Medicaid population. The bill also exempts estates
valued at $100,000 or less from Medicaid recovery.
SB 581 Training for Emergency Medical Personnel
(Sen. Jeff Mullis, R-53)
This bill authorizes the Georgia Public Safety Training Center to provide
training for emergency medical personnel, as funds are available.
SR 785 Joint Comprehensive State Trauma Service Study Committee (Sen. Eric
Johnson, R-l)
The resolution creates a Joint Comprehensive State Trauma Service Study
Committee to determine how to improve the state trauma network.
HB 1473 Social Security Act, certain waivers and estate recovery (Rep. Jeff
Brown, R-69)
This bill requires that neither the Department of Community Health, the Board
of Community Health nor any other representative of the state can submit any
request for a Section 1115 waiver to the Centers for Medicare and Medicaid
Services without prior legislative approval. The House added language relating
to claims by the Department of Community Health against the estate of Medicaid
recipients. Estates of Medicaid recipients that are valued at $100,000 or less
are excluded from estate recovery for services; the limit was increased from
$25,000.
HR 1299 Trauma Care Trust Fund
(Rep. Ron Stephens, R-164)
A constitutional amendment to create a trust fund for the purpose of paying
hospitals for unreimbursed trauma care provided to victims of severe injury or
trauma. The amendment would be ratified or rejected by the voters in the
General Election.
PUBLIC SAFETY AND THE COURTS
[Staff: Kem Kimbrough]
HB 513 Authorizing GBI Access to Certain Drivers License Information (Rep.
Austin Scott, R-153)
This bill clarified the GBI?s authority to obtain drivers? histories from the
Department of Driver Services, in order to pass them on to previously
authorized local fire & law enforcement agencies through GCIC.
HB 728 ?Mattie?s Call/Kimberly?s Call? Act
(Rep. Bobby Franklin, R-43)
This bill authorizes GEMA and the Lottery Corporation to implement alert
systems for the dissemination of information to media outlets and lottery sales
points, in efforts to find missing elderly persons (Mattie?s Call) or
rape/murder suspects (Kimberly?s Call). These alerts would be patterned after
the current Amber Alert/Levi?s Call system, and be available to local law
enforcement agencies.
HB 692 Amendments to Probation Management Act
(Rep. Ellis Black, R-174)
This bill prohibits a judge from banishing a probationer to any specific county
of the state, but only to a specific judicial circuit, and also prohibits a
judge from banishing a person to a judicial circuit where the services or
programs required by their probation is not offered. Finally, the bill extends
the sunset for the Department of Corrections? Probation Options program by two
years, to June 30, 2008.
HB 1019 Taser Certification Act (Rep. Burke Day, R-163)
This bill requires that the Peace Officer Standards and Training Council
develop a certification for the use of any electronic control weapon (such as a
?TASER?). Further, it requires that any agency deploying such devices have
written policies on their use and any officer using such a device be certified
by POST to do so. Further, it requires that the state Public Safety Training
Center implement the training developed in conjunction with POST. The
requirements of the bill are subject to funds being appropriated by the General
Assembly (not included in this year?s budget).
HB 1209 State Patrol Motorcycle Enforcement Unit for Metro Atlanta (Rep. Jill
Chambers, R-81)
This bill would divert revenue from citations written by the State Patrol?s
proposed motorcycle enforcement unit on the ?urban interstate loop? to the
state treasury. Only fines from GSP motorcycle citations and only those from
the interstates within the I-285 perimeter would be affected. This legislation
could lead to a severely increased administrative burden on the courts
affected, and could also potentially lead to a loss of revenue for the
operation of our courts. Further, it opens the door for future diversions of
county revenues.
HB 1216 Authorizing All-Terrain Vehicles for Law Enforcement Use (Rep. Alan
Freeman, R-140)
This bill authorizes law enforcement (only) officers and agencies to utilize
all-terrain vehicles on the public roads of the state, if properly registered,
marked and equipped with emergency equipment.
HB 1497 State-wide Regulation of Vicious Dogs
(Rep. David Knight, R-126)
This bill is essentially a statewide leash law, which requires the owner of a
?vicious dog? to keep said animal within a ?proper enclosure? or on a leash,
subject to immediate confiscation by an authorized dog control officer or law
enforcement official and prosecution for a misdemeanor. The new law explicitly
provides that local governments may provide for more stringent restrictions
without being pre-empted. Local governments are not liable for any failure to
enforce the law, as alleged by a person injured by a vicious dog.
HR 1396 House Study Committee on State and Local Law Enforcement Salaries (Rep.
Willie Talton, R-145)
This resolution creates a study committee to examine the pay and benefits of
state and local law enforcement officers with the aim of enhancing the state?s
ability to recruit and retain better qualified personnel. While the committee
itself is not empowered to mandate minimum salaries for local officers, the
committee will proffer proposals for legislation upon its conclusion that may
include mandates that will infringe on home rule.
HR 1560 House Study Committee on Pandemic Preparedness (Rep. Clay Cox, R-102)
This resolution creates two study committees: one to study the needs for state
and local governments to plan and prepare for the onset of a pandemic of
disease, and another to study the pay & benefits of state law enforcement
officers. The second study committee is a duplicate of that created in HR
1396, except that it is specific to state law enforcement officers routinely
exercising the power of arrest.
SB 44 Authorizing DoC to Contract for Private Probation Detention Centers (Sen.
Bill Hamrick, R-30)
This bill explicitly authorizes the Department of Corrections to contract with
private companies for the operation of probation detention/diversion centers
and to establish rules and regulations for any such entities operating under a
contract. In an added section of the bill, it also subjects county and
municipal probation officers to the same conditions, under the law and
regulations set forth by the County & Municipal Probation Management Council,
as private probation officers.
SB 64 Reauthorizing ?Slicktop? Patrol Vehicles for Traffic Enforcement (Sen.
John Douglas, R-17)
This bill reauthorizes the State Patrol and other law enforcement agencies to
utilize vehicles without a roof-mounted lightbar for purposes of traffic
enforcement. The bill limits the State Patrol to deploying not more than 2
such vehicles per Patrol Post, and limits a local law enforcement agency
providing full-time service to 1 such vehicle per agency. The bill authorizes
such deployment only when the ?slicktop? unit is equipped with an ?illuminated
agency identifier? displaying the type of agency, in addition to its other
emergency lighting. Finally, the bill also provides that a driver who is in
fear of being stopped in an unsafe location may continue to drive after seeing
a display of emergency equipment for a reasonable distance, at a safe speed and
with their flashers blinking, to a location where they feel safer.
SB 203 Authorizing Counties to Recover the Cost of Indigent Defense (Sen. John
Wiles, R-37)
This bill authorizes counties and the state to seek restitution of money
expended to provide indigent defense for persons with the means to have
provided their own defense. The bill clarifies the commitment of recovered
funds to counties, and the entitlement of counties to application fees. The
bill was amended so that it also specifies that fine add-on funds collected at
the local level for local purposes would remain at the local level and only be
reported to the state, rather than remitted for processing. The amended bill
further clarifies the definitions of ?civil filing? for the purposes of add-ons
to be collected in probate courts.
SB 462 Sheriffs Responsibility for Courthouse Security (Sen. Joseph Carter,
R-13)
This bill requires that the sheriff create and implement a comprehensive plan
for the security of the county courthouse and any courthouse annex. The
sheriff must conduct a formal review of the plan every 4 years. The plan must
be submitted to the chief judge of the circuit, who has 30 days to review it;
the judge may adopt the plan in the form of an order of the court. The sheriff
shall provide an estimate of the cost for the plan and a schedule for
implementation to the county governing authority, 30 days prior to the adoption
of such plan. The plan shall be subject to the annual budget approved for the
sheriff by the county governing authority. The sheriff shall be the official
custodian of the plan and maintain it confidentially. Any judge who has a
courtroom in the county and any commissioner of the county shall have access to
the plan for review in the sheriff?s office or in executive session. The plan
itself shall be exempt from the Open Records Act, and any meetings held to
discuss the plan shall be exempt from the Open Meetings Act.
SB 503 Updates to the Indigent Defense Act
(Sen. Bill Hamrick, R-30)
This bill provides for several administrative changes to the Indigent Defense
Act, as requested by the Public Defender Standards Council. The changes
include staggered terms for members of the council, and authorization for the
application fee to be collected as a condition of probation, in addition to
previously authorized means. Further, by new language in the bill, eligibility
for indigent defense is capped for persons charged with a felony at an income
level of 150% of the federal poverty level and for persons charged with
misdemeanors at 125% of the federal poverty level. Later amendments also
restrict public defenders from displaying any badge or other symbol that would
cast the impression that they are a peace officer, and allows for a judge to
continue any case in which the lawyer is a member of the General Assembly
engaged in official duties.
SR 793 Public Defenders Initial Standard for Removal from Office (Sen. Bill
Hamrick, R-30)
SR 954 Public Defenders Initial Standard for Performance in Adult Cases (Sen.
Bill Hamrick, R-30)
SR 955 Public Defenders Initial Standard for Performance in Juvenile Cases
(Sen. Bill Hamrick, R-30)
These resolutions presented to the General Assembly the first of many standards
promulgated by the Public Defender Standards Council which, now that they are
ratified, carry the full force of law. Having these standards ratified now
empowers the Council to take action against a circuit public defender and
his/her personnel for failing to perform their duties.
REVENUE AND FINANCE
[Staff: Clint Mueller]
HB 81 Homestead Exemption for Surviving Spouse
(Rep. Burke Day, R-163)
If passed on the statewide referendum, surviving single spouses of peace
officers or firefighters killed in the line of duty would qualify for a
homestead exemption for the full value of their home. Also, if passed on the
statewide referendum, a surviving spouse would continue to receive the base
year assessed value if they are living in a county that has a floating
homestead exemption.
HB 1012 Debt Reporting (Rep. Fran Millar, R-79)
This bill makes improvements to the DCA Debt Issuance Report allowing counties
to compare their debt issuance costs with other local governments that have
issued debt of similar size and type. The bill also requires local governments
and authorities that issue bonds in excess of $5 million to conduct a
performance audit or review or publish a legal advertisement stating that no
performance audit or review will be conducted. The audit or review must be
done by an outside auditor or consultant. The report must show whether the
bond funds are being spent efficiently and economically. The audit or review
must be done annually until all bond proceeds are spent.
HB 1018 Sales Tax Exemption on Biomass Fuel
(Rep. Jeff Lewis, R-15)
This bill exempts biomass fuel used in electric generation from state and local
sales tax. Georgia does not currently have any electric generation plants
fueled by biomass fuel. Several counties are trying to recruit these plants
and need the tax incentive to make them competitive with counties in
surrounding states.
HB 1219 Sales Tax Holiday (Rep. Lynn Smith, R-70)
This bill renews last years back to school sales tax holiday and the Energy
Star sales tax holiday. Both holidays will occur between July 13-16, 2006.
Both holidays exempt state and local sales tax. It is estimated that the
holiday will exempt over $8 million in local sales tax revenues.
HB 1249 Watercraft Inventory Exemption
(Rep. Stacey Reece, R-27)
This bill exempts all boats and other watercraft held in dealer inventory from
personal property tax. The General Assembly over the last few years has
exempted autos, heavy equipment, farm equipment and airplanes held in dealer
inventory from personal property tax.
HB 1502 Tax Assessor Certification
(Rep. Richard Royal, D-171)
This bill requires members of the County Board of Tax Assessors to receive
training and maintain minimum standards authorized in the law. The Department
of Revenue Commissioner will set up a certification program for assessors. If
an assessor fails to comply with the training requirements, their certification
can be revoked. The bill also authorizes the Department of Revenue to
establish conservation use value assessment (CUVA) application requirements.
HR 1464 Comprehensive Study of the Georgia Tax Code (Rep. Larry O?Neal, R-146)
This resolution creates a House Study Committee composed of seven legislators
to conduct a comprehensive study of the Georgia Tax Code and make
recommendations for revisions.
HR 1778 Tag and Tax Study Committee
(Rep. Mark Burkhalter, R-50)
This resolution creates a House Study Committee composed of five legislators to
look at the feasibility of phasing out the ad valorem taxes on motor vehicles.
SB 585 Sell of Tax Executions (Sen. David Shafer, R-48)
This bill gives the tax commissioner in each county the option to sell tax
executions to third party investors. If tax executions are sold, they must
comply with new notice and collection procedures. Excess funds from tax sales
shall be paid over to the state?s unclaimed property division within five years
of the sale.
SB 597 Tax Assessment Litigation Costs
(Sen. Chip Pearson, R-51)
This bill makes it more likely that a county would have to pay litigation costs
to a taxpayer appealing their residential property assessment. Currently
counties pay litigation costs when the superior court establishes a final value
that is 15% less than board of equalization?s value. This bill requires the
county to pay litigation costs when the superior court establishes a value that
is 15% less than the original value set by the board of assessors.
NATURAL RESOURCES & ENVIRONMENT
[Staff: Todd Edwards]
HB 1097 Limiting Local Regulation of Political Signs
(Rep. Tom McCall, R-30)
While this bill deals largely with billboards and allowing the trimming of
trees that block them, a fortieth-day, last-minute amendment by Senator John
Wiles prohibits local governments from regulating how many political campaign
signs can go on a private property and the length of time that these signs may
be posted. Constitutionally, this may have the effect of limiting local
governments? ability to regulate all signs as political speech might not be
treated differently from other commercial speech.
HB 1107 Land Conservation Tax Credit
(Rep. Jay Roberts, R-154)
This legislation establishes a state income tax credit for those making
qualified property donations for land conservation purposes. The credit is
limited to a maximum of $500,000 or 25 % of the property?s fair market value.
Property otherwise required to be dedicated pursuant to local government
regulations are not eligible. The total amount of the tax credit allowed
cannot exceed $250,000 for individuals or $500,000 for corporations.
HB 1319 Enabling GEFA to Administer the Land Conservation Program (Rep. Lynn
Smith, R-70)
This bill allows the Georgia Environmental Facilities Authority (GEFA) to make
grants and loans to local governments for all land conservation projects under
the Land Conservation Program. Currently, GEFA is set up to administer grants
and loans for water, sewer and solid waste management facilities.
HB 1320 ? Litter Prevention and Abatement Act
(Rep. Lynn Smith, R-70)
This bill consolidates 25 different references to litter in the existing code
into one comprehensive Litter Prevention and Abatement Act. The bill enhances
the enforcement and conviction capabilities of local governments in prosecuting
litter offenders.
SB 191: Expedited EPD Permit Review
(Sen. Ross Tolleson, R-20)
Senate Bill 191 provides that an applicant for an environmental permit may
retain a qualified professional to review an application prior to submittal to
EPD. If the qualified professional certifies an application as complete, EPD
is compelled to ?act expeditiously? on the application. The bill also revises
the agricultural irrigation permit system for the Flint River Basin -- an area
which has been under a permit moratorium for the last several years.
SB 578 Amend Grease Manifest Law
(Sen. Jim Whitehead, R-24)
This bill amends the commercial waste (grease) manifest law, allowing a local
health department to inspect and issue permits for trucks hauling grease.
Presently, only local government authorities are allowed to issue these
permits. A permit issued by any local government authority or health
department is good throughout the state.
SR 818 Senate Septage Disposal Study Committee
(Sen. John Bulloch, R-11)
This resolution is a compromise to the failed SB 163, which would have required
each of the state?s 159 counties to provide adequate disposal facilities for
all septage generated from within that county. The resolution establishes a
senate study committee to examine the adequacy and need for reasonable and
appropriate facilities for the legal and environmentally sound disposal of
septage waste generated throughout the state.
APPROPRIATIONS
[Staff: Sue Nieman]
HB 1027
FY 2007: July 1, 2006 ? June 30, 2007
(Reductions in state funding or program eliminated in the
FY 2007 budget are in parentheses)
Judicial Branch ? Superior Court
Provide funding for four new judgeships and requirements in Houston, Blue
Ridge, Coweta and Paulding circuits (Conference Committee language: add Cobb
and Laurens in FY 2007 Amended budget)
Judicial Branch ? Public Defender Standards Council
($14,246,938) general reductions in operating expenses
Department of Agriculture
$309,278 to fill seven vacant positions: pathologist at the Athens/Tifton
Veterinary Lab, inspector, veterinary district supervisor, food safety and
plant protection positions
$121,399 for diagnostic equipment and supplies at the Oakwood Poultry
Veterinary Diagnostic Lab and branch laboratories to increase the total number
and quality of tests
Department of Community Affairs (DCA)
($116,500) reduce annual contacts to the 16 Regional Development Centers
$300,000 for two time-limited positions and funding to support the development
of a strategy for sound economic development and conservation for Georgia?s
coastal region by DCA?s Coastal Comprehensive Plan Advisory Committee
$100,000 additional funding for the Hands on Georgia contract for community
challenge grants
$2,950,738 in specific grants or loans to numerous counties for Local
Assistance (Total $6,540,903)
$110,508 to add one position and travel expenses to implement economic
development strategies in rural Georgia
$5,000,000 to expand the Life Sciences Facilities Fund for investment in
entrepreneur-led startup businesses to promote job growth in Georgia?s
bioscience industry
$500,000 additional funding to the Georgia Cities Foundation
$5,000,000 grant funds for local governments in the Governor?s Land
Conservation program, include a land conservation position
$150,000 additional contract funds to the Georgia Rural Water Association
$90,108 fund 1 position in GRTA Transit Implementation program to coordinate
transit services and policy
Department of Community Health
$150,000 to upgrade the cancer treatment center at Oconee Medical Center
$750,000 one-time funding to the Georgia Association for Primary Health Care to
establish a statewide EMR system to link the federally qualified Community
Health Centers
$150,000 additional funds to support the Georgia Statewide Area Health
Education Center (AHEC) Network
$200,000 for the Southwest Georgia Cancer Coalition
$3,750,000 support the operation of Hughes Spalding Children?s Hospital ?
transfer funds from Indigent Care Trust Fund
$1,100,000 increase operating grants at Mercer School of Medicine, $1,100,000
and Morehouse School of Medicine, $405,665
Department of Corrections
$1,389,359 start-up fund and three months operating for the Bainbridge
Probation Substance Abuse Treatment Center?s 192 bed expansion
$9,613,895 additional funding for Health Services Purchases
$500,000 funding for Hepatitis B Immunizations
($4,854,999) reduce funding for County Subsidy for Jails to reflect reduction
in county jail backlog
$4,267,522 for 3.5% CPI increase in the per diem rate for contracted prison
beds and 470 additional beds
$1,026,148 additional funding to reflect annualized cost of 4 Day Reporting
Centers opened in FY 2006
Department of Driver Services
$945,665 increase personal services by adding 35 examiner positions in the
License Issuance program
$100,000 fund complimentary Photo Identification cards to qualifying individuals
$358,942 increase operating expenses to expand agency services available on the
Internet
$700,000 to provide for a new Blue Ridge Customer Service Center
$200,000 to renovate the Athens and Newnan Customer Service Centers
Department of Economic Development
$200,000 funding to promote Georgia Film, Music and Video
$250,000 funding for Global Commerce Development
$1,000,000 funding to the Innovation and Technology program for a bioscience
collaboration project to identify and design public/private partnering
opportunities that will leverage private funding to stimulate bioscience
industry growth in Georgia
State Forestry Commission
$233,903 for four additional foresters to address forest pests and diseases in
order to preserve the health of Georgia?s forest lands
$93,982 create a bioenergy program to address Georgia?s energy needs through
the development of bioenergy markets and greater use of forest resources
$208,500 for two foresters to preserve water quality through education,
training and evaluation of best management practices
$455,000 fill 15 vacant positions to provide adequate staffing for a ?moderate?
fire season
Office of the Governor
$3,000,000 for the Office of Consumer Affairs to implement a statewide customer
service initiative
Department of Human Resources
$400,000 supplemental Public Health grant-in-aid funding to the counties that
are spending the lowest per citizen based on population ? Cherokee, Clayton,
Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton and Paulding
$400,000 for relocation of the Bryan Gordon, Banks and Randolph County DFCS
facilities
$1,000,000 for provider training and treatment services for 200
methamphetamine-addicted adults with children in Adult Services program and the
Adult Addictive Disease Services program
$240,000 operation of the Emanuel Regional Detoxification Center
$1,452,545 for the Adult Essential Health Treatment Services program to treat
low-income, uninsured or underinsured patients with survivable cancers
$1,523,479 for one adult crisis stabilization unit in the Adult Mental Health
Services program so that consumers can be served in the community rather than
at a state hospital
$250,000 one-time funding to support the new building project for the Savannah
Area Behavioral Health Collaborative
$1,000,000 initiate trauma care funding to subsidize designated trauma centers
uncompensated care costs for the provision of direct patient care to victims of
traumatic injuries
$225,000 for three new rape crisis centers in the areas of most need of the
northern, southern and eastern regions of the state
$150,000 to begin a state run program providing suicide prevention services
through the Division of Public Health
$250,000 evaluation and technical assistance funding to Family Connection
Partnership
Georgia Bureau of Investigation
$1,018,090 establish the Meth Force to investigate methamphetamine-related
crimes by funding an agent school to fill 15 vacancies and associated operating
expenses
$200,000 establish a Local Law Enforcement and Fire Protection Grants program
to assist local governments
Department of Natural Resources
$400,000 enhance water modeling and monitoring in the Environmental Protection
program
$4,500,000 increase funding for the Solid Waste Trust program from $1.5 million
to $6 million
Department of Public Safety
$277,500 to implement a 10 Trooper Motorcycle unit located in the Metro Atlanta
area
$150,000 funds to develop the Dalton Diversion Center as a Training Center
Department of Transportation
$1,213,950 increase grant funding for the Airport Aid program to provide needed
maintenance and improvements at Georgia?s public airports
$55,187,266 for local road initiative by increasing the local assistance road
program (LARP) form $38 million to $67.9 million, state fund
construction/off-system (to $34 million) and state fund
construction/most-needed (to $23 million)
$2,000,000 increase funding for mass transit grants in the Transit program
leveraging additional local and federal funds
BILLS AND RESOLUTIONS: FAILED TO PASS
Economic Development & Transportation
Bill #TitleAuthor
HB 137Enact Georgia Transportation Infrastructure BankRep. John Lunsford
HB 152Use State Sales Tax Abatement for RedevelopmentRep. Ed Setzler
HB 294Permit Speed Cameras in School ZonesRep. Melvin Everson
HB 1033Require Referendum Prior to Funding Commuter RailRep. John Lunsford
HB 1090Prohibit Bidding by Delinquent DOT ContractorsRep. Ben Harbin
HB 1323Create Infrastructure Development DistrictsRep. Larry O?Neal
HB 1337Permit Leasing of Property Adjacent to Rest AreasRep. John Lunsford
HR 1094Appropriate Aviation Fuel Taxes to AirportsRep. Chuck Scheid
HR 1338Authorize Infrastructure Development DistrictsRep. Larry O?Neal
SB 414Create Residential Community Improvement DistrictsSen. Cecil Staton
SB 431Require Timely Utility Relocation in Transportation ProjectsSen. Jim
Whitehead
SB 453Mandate Use of Biodiesel in Government VehiclesSen. Brian Kemp
SB 483Study Traffic Signals Along State RoadsSen. Valencia Seay
SR 682Authorize Residential Community Improvement DistrictsSen. Cecil Staton
General County Government
HB 475Clerk of Superior Court as Clerk of All CourtsRep. Robert Mumford
HB 547Maximum Development Impact Fee on Single
Family Residential ConstructionRep. John Lunsford
HB 684Open Records: Requests in WritingRep. Mark Hatfield
HB 833Procurement RegistryRep. John Lunsford
HB 962Fair Annexation ActRep. Doug Holt
HB 1049Collection of Regulatory Fees After Commencing ServicesRep. Ron Dodson
HB 1071Open Records: Attorneys FeesRep. Austin Scott
HB 1100Whistleblower Suits Against Public EmployersRep. Mike Jacobs
HB 1101Limit Additional Annexation to Areas of a City
in Adjoining CountiesRep. Doug Holt
HB 1230Transportation Impact Fees: Expend Fees on Projects in Proximity to
DevelopmentRep. Ed Lindsey
HB 1369Whistleblower Suits Against Public EmployersRep. Mary Margaret Oliver
HB 1386Providing Access to Family Burial GroundsRep. Charles Jenkins
HR 1791Urging ACCG and GMA to Propose Annexation
Legislation by 2007 Legislative SessionRep. Donna Sheldon
SB 383Clerk of Superior Court as Clerk of All CourtsSen. Preston Smith
SB 569Incorporation of New Cities: Forced Sale of County Infrastructure and
Facilities to CitySen. Dan Weber
SR 1040Inverse Condemnation/Regulatory Takings:
Compensation to Property OwnersSen. Chip Pearson
SR 1194Urging ACCG and GMA to Resolve Differences
Regarding Land Use, Service Delivery and RevenuesSen. Don Balfour
SR 1282Senate Annexation Study CommitteeSen. Don Balfour
Health and Human Services
HB 991Abolish Community Service BoardsRep. Ron Stephens
HB 1009Policy for Public Benefits to aliensRep. Melvin Everson
HB 1220, 1221Additional Funds for Uninsured Trauma servicesRep. Harry Geisinger
HB 1266Transfer of Persons in Jail Under the Supervision of DHRRep. Bobby Parham
HB 1311Insurance for Mental Health TreatmentRep. Pat Gardner
HB 1331State Grant-In-aid Funds for Certain CountiesRep. Donna Sheldon
HB 1481Establishes the Georgia Methamphetamine Offender RegistryRep. Mike Coan
HR 1299Trauma Care Trust FundRep. Ron Stephens
HR 1664Joint Study Committee on Public HealthRep. Donna Sheldon
Public Safety and the Courts
HB850Additional Fees for Local Indigent Defense FundingRep. David Ralston
HB1250Extending the Department of Corrections? Probation Options ProgramRep.
Terry Barnard
HB1266Persons Receiving Mental Health Care To Be Transferred from Jail to State
CustodyRep. Bobby Parham
HB1340Creating an Indigent Defense Coordinator PositionRep. Mack Crawford
HB1431Additional Requirements for Public DefendersRep. John Lunsford
HR1692House Study Committee on Comprehensive Emergency Preparedness and
TrainingRep. Burke Day
SB 433Increasing the Per Diem Rate Paid to Counties for Housing State
InmatesSen. Regina Thomas
SB 494Additional Fees for Court Technology and SecuritySen. Jeff Mullis
Natural Resources and Environment
HB 510No Water System Availability FeesRep. Bob Smith
HB 1116Severance Tax on Minerals for County purposesRep. Debbie Buckner
HB 1203Establish Trust Fund for Erosion and Sedimentation FeesRep. Stephanie
Benfield
HB 1453Allow Yard Trimmings in Municipal LandfillsRep. Tom McCall
HR 1054Inverse Condemnation Constitutional Amendment
SB 163County Septage Disposal Mandate and Hauler SubsidizationSen. Casey Cagle
SB 294No Local Government Tree Ordinances Applying to Private PropertySen. Chip
Pearson
SB 492No Stream Buffers Beyond State 25? and 50? MinimumsSen. Chip Pearson
SB 493No Ad Valorem Tax on Land in Stream BuffersSen. Chip Pearson
SB 510Variance and Exemption Procedure for State 150? Stream BufferSen. Chip
Pearson
SB 512Expedite EPD Variances and Permits from 90 Days to 60 DaysSen. Chip
Pearson
SB 575Local Governments to Pay for Metro Atlanta Plumbing RetrofitsSen. Seth
Harp
SB 599Vastly Expand Scope of Practice for Land Surveyors on
Water/Sewer/Stormwater DesignSen. Ross Tolleson
SB 604Expand CUVA to all Lands in Stream Buffers or 100 Year FloodplainsSen.
Seth Harp
SR 1040Inverse Condemnation Constitutional AmendmentSen. Chip Pearson
Revenue and Finance
HB 1063Exempt Business Inventory from Personal Property TaxRep. Chuck Scheid
HB 1065Municipal Operations Sales Tax (MOST)Rep. Chuck Scheid
HB 1306Limit SPLOST Referendum DatesRep. Jeff May
HR 162Constitutional Amendment to Cap Property Assessment IncreasesRep. Edward
Lindsey
ATTENTION COUNTIES:
ACCG frequently sends counties important information via e-mail, to each
county?s designated contact person. Often, counties? spam blockers and security
features on their computer systems prevent the emails from being received. To
ensure delivery of these time-sensitive notices, including our weekly
electronic version of the Legislative Update, there are several steps you can
take to allow ACCG?s emails to reach your county:
1. Please add alerts@accg.org to your contacts list or address book to allow
your system to recognize ACCG as the sender, and avoid having the emails
delivery rejected as a result of spam blockers.
2. Send an e-mail to alerts@accg.org with ?Allow ACCG Access? in the subject
line. Sending an email from your system to ACCG?s account first, will enable
your system to recognize ACCG as a legitimate contact.
3. Contact your system?s administrator about having the settings on your system
adjusted to allow delivery of any correspondence from ACCG?s domain ? accg.org.
If you have any questions regarding the process for ensuring delivery of ACCG?s
emails to your county, please contact Efrain Rodriguez at ACCG (404) 522-5022
ext.113, or if you would like to receive the Legislative Update by e-mail,
please contact Charlotte Copelan at ccopelan@accg.org The Legislative Update is
also available on ACCG?s website at www.accg.org
Contact ACCG Legislative Staff:
Economic Development and Transportation: Matthew Hicks ? mhicks@accg.org
General County Government: Jim Grubiak ? jgrubiak@accg.org
Health and Human Services: Suzanne Nieman ? snieman@accg.org
Natural Resources and Environment: Todd Edwards ? tedwards@accg.org
Public Safety and Courts: Kem Kimbrough?kkimbrough@accg.org
Revenue and Finance: Clint Mueller ? cmueller@accg.org
Association County Commissioners of Georgia
50 Hurt Plaza, Suite 1000
Atlanta, GA 30303
(404) 522-5022 phone
(404) 525-2477 fax
www.accg.org
Legislative Update
Legis
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