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LEGISLATIVE 2002 GENERAL ASSEMBLY FINAL REPORT

 


Section A: City of Atlanta Legislative Package –Passed
Section B: City of Atlanta Legislative Package – Not Passed
Section C: Significant Bills Signed into Law
  
Section D: Significant Bills Not Signed into Law
Section E: State Budget Items of Interest
 

EXECUTIVE SUMMARY

The 2002 legislative session of the Georgia General Assembly was a successful one for the City of Atlanta , as well as for the State of Georgia .  It was also the longest session since 1885, lasting almost four months.  Uncertainties about redistricting and difficult budget negotiations forced long recesses.  The final adjournment was not until April 12th.  The state legislature dealt with major issues such as gas deregulation, homeland security, predatory lending, and finalizing redistricting, which are highlighted below. The City of Atlanta ’s top three legislative priorities – funding for the multi modal transportation station; a property tax freeze for senior citizens; and authorization for a sales tax to pay for sewer improvements - all passed.  They are described in detail in this section.

Legislators introduced, considered and passed thousands of bills this session.  This year alone, 1,844 bills and resolutions were introduced in the House of Representatives.  The City of Atlanta ’s Office of Intergovernmental Affairs tracked several hundred bills and resolutions that had the potential of impacting the City of Atlanta and its operations; met regularly with the City of Atlanta/Fulton County House and Senate delegations; testified before committees about legislation; and worked with the authors of numerous bills to advance the interests of the City. 

The Mayor was personally involved in the legislative process as well.  On the first day of the session, the Mayor publicly addressed both chambers to welcome them to Atlanta and emphasize her commitment to working with them on behalf of all of Georgia and its capitol city.  She also met with the Governor, the Lt. Governor, the Speaker of the House, other legislative leaders, and members of key committees. 

his final legislative report summarizes key bills of the 2002 session. Final disposition of the City’s legislative package is discussed in Sections A and B. This report also reviews other key bills of interest in the areas of municipal operations, public safety, revenue and finance, transportation, and urban planning in Sections C and D. State budget line items (local assistance grants) that are directed to the City and other appropriations items of interest are in Section E. The full text of bills referenced in each section can be found on the internet at http://www.ganet.org/services/newleg. The IGA staff would like to thank the Georgia Municipal Association for its invaluable help in compiling this report.

Multi Modal Transportation Station

The Governor recommended, and the House and Senate approved in the Supplemental Budget, approximately $2.58 million to provide the final piece of the state matching money for the federal grant which will allow the City of Atlanta to begin site planning and right-of-way acquisition for the multi-modal transport station.  The federal share is $20 million.  The City set aside its portion of the required local matching money ($1 million) last year.  The state appropriated about half of its share several years ago.  The total local match required was $ 5.7 million, which has now been met.  The state planners have settled on a design for the facility.  It will accomodate commuter and intercity rail, as well as bus service.  The proposed plan places the multi-modal station close to the Five Points MARTA station. 

 Tax Freeze

HB 1797 was authored by Representative Kasim Reed at Mayor Franklin ’s request.  It effectively freezes assessed property values for anyone 65 years old or older who has an annual income of $ 39,000 or less.  Every year these taxpayers’ homestead exemption will increase to cover any increase in their property value.  Current (2002) assessments would be used to calculate the base.  There will be a referendum to approve this exemption in August (along with the statewide primaries), which if approved would become effective Jan. 1, 2003 .  This helps prevent a dual blow of a rate increase along with increased assessments. Fulton County successfully lobbied for a bill that achieves the same purpose for Fulton County property taxes.  This assessment freeze also provides a mechanism to resolve one of the largest problems of gentrification – the inability of elderly lower-income residents to afford increases in neighborhood property values. 

Sewer Sales Tax

HB 1444 was sponsored by Rep. Hugh Broome from Donaldsonville, near the Georgia-Florida-Alabama corner.  He wrote this bill to respond to concerns about Atlanta ’s ability to afford solutions to its water problems.  Rep. Broome met with the City’s legislative staff to identify a way to pay for improvements to clean up the water in the Chattahoochee and Flint Rivers .  HB 1444 allows the citizens of Fulton and/or DeKalb the right to vote on an additional penny for water and sewer improvements.  The City of Atlanta would get a share of the proceeds from Fulton County , as per current local option sales tax (LOST) revenue sharing.  This bill was necessary because of the state cap on local sales taxes.  Counties other than Fulton and DeKalb can impose a one percent sales tax for property tax reduction and one percent for capital improvements.  Because Fulton and DeKalb fund MARTA, they currently cannot implement capital project sales taxes.  DeKalb would not have to act for this measure to give the City of Atlanta revenue, but Fulton County will have to call the referendum for Fulton County and the City of Atlanta .  The sales tax would exempt hotel/motel room charges and motor vehicle sales.

Natural Gas Deregulation Included in the Governor’s legislative package, this measure directly impacts approximately 1.5 million natural gas customers throughout the state, many of whom reside in metro Atlanta .  HB 1568 establishes a customers’ bill of rights, a gas supplier of “last resort” for low income customers and those with bad credit, and allows electric membership corporations (EMCs) to enter the natural gas marketing field.  The bill allows the Public Service Commission to impose emergency price regulations,  caps late fees at $10 or 1.5 percent of past due balance, and limits security deposit requirements to $150.  This bill also imposes a surcharge on large industrial customers to assist low income customers and is designed to buffer the provider of “last resort” from excessive financial losses. 

Homeland Security Several bills dealing with homeland security and emergency management were adopted this year.  SB 385 updates the state’s responses to declared biological emergencies.  This bill permits emergency quarantine and vaccination measures overseen by the Department of Human Resources through the Division of Public Health.  The bill also restricts the sale and transportation of firearms, alcohol, and explosives during these periods.  SB 320 toughens penalties for acts of domestic terrorism, and further defines terrorist acts as actions designed to coerce or intimidate segments of the population or the government with the intent to injure or kill 10 or more people. 

Predatory Lending This legislation, also a part of the Governor’s legislative package, protects elderly and other vulnerable borrowers from unscrupulous lenders who charge exorbitant interest rates and fees.  The bill, HB 1361, essentially bars large prepayment penalties, balloon payments and broker fees for high interest loans and loans with large fees.  This legislation makes it harder for lenders to refinance loans multiple times in a short period of time (a practice known as flipping) and establishes a five year statute of limitations for consumers to file claims against lenders who violate these provisions.  HB 1361 prohibits repayment insurance financing, requires loan counseling, and prohibits lenders from loaning money to people whom they do not believe will be able to repay the loans.

Redistricting HB 1667 creates a new state senate district map that addresses the concerns raised by the Justice Department and the federal courts about possible dilution of African-American voting strength in three districts in the map that was approved last fall.  The House and Congressional maps were approved, and the Justice Department has indicated that it has no objection to the new version. 

 

Section A:

Package Items That Passed

 ECONOMIC DEVELOPMENT

·     BROWNFIELDS - HB 1406 (Shanahan/Hanner/Stokes/McCall/Jackson/ Drenner) and HR1111 (Shanahan/Hanner/Stokes/McCall/Jackson/Drenner) re-authorize funding for the   state’s hazardous waste trust fund and authorize reclassification and taxation of brownfields.  HB 1406 increases solid waste surcharge fees as well as handling and reporting fees for hazardous waste generation.  The bill also provides that at least half of the money collected by solid waste surcharge fees be used to fund clean-up of local government sites.  It also allows limited liability for developers who redevelop and clean brownfields to certain soil standards.  HR 1111 will, if approved in the November referendum, authorize the General Assembly to establish separate tax classifications for brownfields, and encourage the clean-up, reuse, and redevelopment of these properties. 

HOUSING/HOMELESSNESS

·      PREDATORY LENDING - HB 1361 (Governor’s Bill-Smith/Turnquest/Dukes) passed with
a preemption clause.  See Overview for more information.

·      FUNDING FOR MENTAL ILLNESS/SUBSTANCE ABUSE TREATMENT - Total DCA appropriations for treatment/housing programs in the City of Atlanta come to $ 395,800.  An additional $ 1.25 million is in its budget for Homeless Assistance.  Fifty million dollars are appropriated for HUD Section 8 Rental Assistance.

REVENUE/FISCAL

·     SEWER SALES TAX - HB 1444 (Broome/Buck/Walker/Stanley/Stanley/ Drenner) passed, amended to restrict the purpose of the SPLOST to water and sewer projects, and to exclude hotel/motel room charges and motor vehicle sales.  See Overview for more information. 

TRANSPORTATION

·     MULTIMODAL TERMINAL FUNDING – This funding was included in the supplemental state budget, which was signed into law.  See Overview for more details. 


Section B:
Items In The Package
That Did Not Pass

CRIMINAL JUSTICE

·     MANDATORY MINIMUMS - HB 269 (Ragas) would have allowed for the possibility of parole for juvenile offenders serving mandatory sentences in adult facilities. Under current law, juveniles convicted of one of the ‘Seven Deadly Sins’ must serve a minimum of 15 years. This legislation would have allowed for the Parole Board to consider those individuals for parole after a specified time. It was defeated in the House Judiciary Committee.

 ECONOMIC DEVELOPMENT

·     JOB DEVELOPMENT - HB 490 (Jamieson/Holmes/Teper) would have amended the Business Expansion Support Act to allow the job credit provision to include undeveloped census tracts in urban areas. Currently, the tax credits are only available on a county-by-county basis, which does not adequately address the diverse needs of large counties such as Fulton or DeKalb. Fulton, for instance, has some impoverished areas as well as areas of great wealth. The countywide average is high enough that Fulton does not qualify for the tax credit program. The legislation passed the House in 2001, but was held in the Senate Finance & Public Utilities Committee due to concerns expressed by the Department of Revenue. The Department expressed two primary concerns: first, that the program itself was too new to allow for an accurate fiscal statement; and second, the jobs that were created would be of a seasonal or temporary nature. IGA will work with the Department of Revenue over the summer and fall to see if its concerns can be resolved. 

HOMELAND SECURITY

·     SECURITY PLAN CONFIDENTIALITY - HB 1170 (Stanley-Turner/Stanley/ Holmes/Ashe/Benefield/Manning) was an attempt to deal with the vulnerability of local governments in the post 9/11 environment. Currently, an astonishing amount of information relating to security and public safety is available pursuant to the Open Records Act, including vulnerability assessments of government buildings. This bill originally exempted the security plans and vulnerability assessments of public water utilities from the disclosure requirements of the Open Records Act. Negotiations with the Georgia Press Association and the Georgia Public Interest Research Group led to amendments that would have increased the scope of the bill to exempt security and vulnerability records for government buildings and operations. The language was added to SB 396 (Gingrey/Crotts/Tanksley/Harp/Cheeks/Brown) which passed the House, but was amended in the Senate on the final day which effectively killed the bill, as the House never reconsidered it.

 ·    PUBLIC SAFETY OFFICER COMPENSATION - HB 1144    
Franklin/Hammontree/Williams/Ehrhart/Forster/Burmeister)
would have made the salaries of sworn public safety officers exempt from state income tax. Concerns about the uncertain fiscal impact of this bill in an extremely tight state budget kept this proposal from moving out of the House committee to which it was assigned.

MUNICIPAL GOVERNMENT

·     HOMICIDE PHOTOS - HB 631 (Reed/Campbell) would have exempted homicide photos from the Open Records Act. It passed the House in 2001, but was held in the Senate Ethics Committee this year.

·     LAW SCHOOL LOAN FORGIVENESS - SB 465 (Thompson/Tanksley/Stokes) established the Legal Loan Forgiveness Program, and while it passed, it did not include municipal attorneys as potential recipients of the grants. Budgetary concerns were cited to justify restricting the purview of the program. In fact, the state budget situation proved to be so severe, this program was not funded at all.

·     AFRICAN-AMERICAN POLICE OFFICER PENSIONS – No legislation addressing this issue was introduced in 2002. Rep. Tyrone Brooks is working on legislation for the 2003 General Assembly to address the historic injustice of African-American police officers not being allowed to participate in pension plans.

REVENUE/FISCAL

·     BEER/WINE TAX - HB 1394 (Stanley-Turner/Stanley/Dean/Holmes/Reed/ Brooks) proposed to allow local governments to impose up to a three (3) % excise tax on by-the-glass beer and wine sales. Currently, local governments can impose such a tax on liquor drinks, but not beer or wine. This legislation was held in the House Regulated Beverages Committee because of fears about the weak economic condition of the hospitality industry.

·     AIRPORT FINANCIAL INSTRUMENT FLEXIBILITY - The aim of this item was to enable Hartsfield Airport to use a variety of alternative financial instruments for capitol projects in addition to issuing revenue bonds. Commercial paper is the generic term for these tools, which generally are for shorter-term projects than bonds. Confusion about specific legal changes, along with concerns about a potentially unfavorable political environment prevented IGA from pursuing this agenda item this year, but we will continue to work on it over the summer, and anticipate action in the 2003 General Assembly.

·      PARKING EXCISE TAX – This proposal to tax parking lots and decks failed to find a sponsor among the delegation, many of whom expressed unfavorable opinions about the proposal.  

·     911 SURCHARGE – This proposal to increase the amount local governments are allowed to charge for 911 service was not introduced due to an ongoing dispute about how and where 911 surcharges are levied.

TRANSPORTATION

·     MARTA STUDY COMMITTEE - HR 851 (McClinton/McKinney/Ashe/Orrock/ Sinkfield/Maddox) would have established a joint study committee to examine issues related to MARTA’s funding. It passed the House on the 40th (final) day, but was not taken up by the Senate before adjournment.

Section C:
Significant Bills That Passed

DEKALB COUNTY

·     ANNEXATION PROHIBITIONHB 1489 (Ehrhart/Wix/Wiles/Manning) continues a requirement that DeKalb County cities receive county approval prior to annexing property in DeKalb County. No other county in the state has such authority.

 FULTON COUNTY

·     TAX COMMISSIONERHB 1707 (Dean/Wilkinson/Sinkfield/Stanley/ Stanley/Ashe)  provides that the Fulton County tax commissioner, previously appointed by the county commission, will instead be elected to four-year terms starting in 2004.

 

MUNICIPAL OPERATIONS

·     SOVEREIGN IMMUNITYHB 1128 (Bordeaux/Davis/Hammontree/Benfield/ Massey/Orrock) – This bill addresses local governments’ immunity from vehicular liability claims, which is a component of the city’s sovereign immunity.  At its heart, the doctrine of sovereign immunity holds that local governments are not subject to certain lawsuits, based upon a provision in their charters and the Georgia Constitution. The City of Atlanta recently raised its own waiver of immunity to $25,000, but this bill will raise the total level of liability to $750,000 by 2008.  An important amendment was added to phase in the increased liability starting in 2005, as it gives the insurance market time to stabilize and for local governments to find a way to pay for it. This legislation also allows local governments to be substituted for an employee in a lawsuit when the employee was acting in his or her duty; excludes punitive damages and levies against public property as possible remedies; renders as inadmissible the fact that a local government has obtained insurance coverage; and requires that any action be tried in the Superior Court of the county in which the local government resides.

·     BLANKET BONDSHB 1514 (Holland/Royal/Teper/Jenkins) clarifies that local governments may purchase blanket bonds rather than a series of individual bonds for persons requiring bonding. The bonds would have to be signed by the judge of the probate court of the county where the local government is located.

·     CONSTRUCTION CODES STUDY COMMITTEEHR 1105 (Floyd/Coleman/ Greene/Purcell/Ehrhart) will create a Joint Construction Codes Study Committee to examine various conditions, issues, and problems associated with the current system for administering construction codes and providing training and education for code officials. It will become effective upon appointment of the committee. 

·     ELECTRONIC CAMPAIGN FINANCE DISCLOSUREHB 1213 (Holmes/Hudson/DeLoach) clarifies general election law and requirements related to electronic disclosure.  It requires local candidates who raise or spend more than $10,000 in an election cycle to file electronically, starting in 2005. 

·     MILITARY SERVICE COMPENSATIONHB 1236 (Williams/Birdsong/ Hammontree/Johnson/Manning/Smith) allows, but does not require, local governments to compensate employees who are involved in required military duty for any period exceeding 18 days. 

·     MILITARY SERVICE SALARY DIFFERENTIALHB 1405 (Birdsong/ Murphy/Walker/Skipper/Buck/Jenkins) allows public employees to be paid the difference between the employee’s government salary and her or his military salary for periods of absence due to military duty.  The legislation also authorizes the Department of Community Affairs, subject to appropriations, to provide grants to local governments to reimburse them for these costs.

·     OPEN MEETINGS/MILITARY DUTYSB 449 (Dean/Starr/Marable) authorizes any “agency” (which includes cities) to conduct meetings by telecommunications conference in the event that one or more of the agency’s members are on active military duty at the time of the meeting, providing that the other requirements of the Open Meetings Law are met.  This bill also makes it clear that a public officer or employee’s absence due to military duty shall be treated as a leave of absence.  Furthermore, public offices shall not be considered vacant or abandoned by a public officer while on ordered military duty.

PUBLIC SAFETY

·     IDENTITY THEFTSB 475 (Thompson/Stokes/Tanksley) makes selling false identification a felony punishable by up to 10 years in prison. 

·     WIRETAPPING/SURVEILLANCESB 459 (Hamrick/Kemp) expands law enforcement options for intercepting electronic communications. 

·     STATUATORY LIMITATIONS - HB 410 (Stokes) eliminates the statute of limitations for violent offences when DNA evidence is used to identify the culprit. 

·     OVERNIGHT PARKINGSB 334 (Kemp/von Bremen/Haines/Harp/Harbison) now includes an amendment to prohibit towing or booting of cars from paid private parking lots within 500 feet of a bar before noon.  The author’s intent was to help discourage people who have had too much to drink from trying to drive home. Currently, some individuals who may have had too much to drink drive home rather than leave their car and risk being towed or booted the next morning. 

·     MUNICIPAL CITATIONSHB 1169 (Snow/Holland) clarifies the law so that accusations, summonses, and citations may be used as charging instruments for criminal offenses tried in municipal court.  City Solicitor Joseph Drolet was very active in pushing this legislation. 

·     AIRPORT SECURITY - SB 330 (Hecht/Starr) codifies APD’s criminal jurisdiction at Hartsfield and criminalizes various behaviors.  The latter provisions are largely duplicative of new federal law.

·     OPEN RECORDS/911HB 696 (Birdsong/Jenkins) exempts from the Open Records Act documents containing information that would reveal the name, address, or telephone number of a person who placed a call to a 911 system. 

REVENUE & FINANCE

·     TAX-LIEN REFORM - HB 337 (Richardson) repeals the Code section that authorized sales of tax liens to third parties, including bulk sales. It also reduces the penalties that may be applied to delinquent bills.  

·     TAX PENALTY AMNESTYHB 547 (Dean/Holmes) gives tax commissioners the authority to waive penalties and interest on unpaid school board, municipal or county taxes charged to taxpayers 65 years of age or older whose annual gross household income in $20,000 or less, if the taxpayer has lived at the address for at least 10 years.  Any such relief would be subject to approval of the governing body of the school board, municipal or county either by general resolution setting forth the terms and conditions of a waiver or on a case-by-case basis. 

·     SALES TAX HOLIDAYHB 1312 (Borders/Buck/Smith/Black/Shaw/Royal) established two sales tax holidays on certain items.  One was March 29-30th, and the other will be in early August. 

·     HOTEL/MOTEL TAX COLLECTION – HB 1564 (Johnson/Parsons/Wix/ Manning/Buck) makes nonpayment of hotel/motel taxes in excess of $10,000 a felony offense.

·     PROPERTY TAX RELIEFHB 1321 (Westmoreland/Royal/Buck/Ehrhart/ Kaye) allows municipal residents to receive property tax relief from the state for properties maintained for agricultural or conservation purposes. Cities will be reimbursed by the state for the amount of the homestead tax credit. 

 TRANSPORTATION

·     WEIGHT LIMITSSB 386 (Dean/Marable) allows concrete trucks weighing up to 23 tons on all roads except federal highways. 

·     MARTA BUDGETHB 1245 (Ashe/McKinney/Teper) adjusted the budgetary requirements for MARTA, allowing it to spend 55% of receipts on the operating budget.  It also requires annual audits conducted by the Georgia Regional Transportation Authority.

·     SEGWAYSB 397 (Thompson) establishes baseline regulations for the operation of these two-wheeled vehicles.  Municipalities are allowed to tighten regulations beyond those the bill specifies. 

·      LARP STUDY COMMITTEEHR 1074 (Greene/Stallings/Houston/Skipper/ Walker/Channell) creates a joint study committee to review the Local Assistance Road Program (LARP) and to make recommendations for improvement. 

 

URBAN PLANNING/REDEVELOPMENT

·     URBAN BLIGHT REDEVELOPMENTHR 391 (Stancil/Walker/Royal/ Pinholster/Shanahan/Ehrhart) passed, but has to be authorized through a Constitutional Amendment this November.  It allows municipalities and counties to establish ‘carrot and stick’ tax programs to encourage redevelopment of blighted properties.  It gives local governments a tremendous amount of flexibility in designing these programs.

·     GREENSPACE TRUST FUNDSB 438 (Thompson/Stokes/Tanksley) allows cities in counties that receive an annual amount over $500,000 from the Georgia Community Greenspace Trust Fund to apply for direct matching grants for city greenspace projects.  The matching grant funds will come from 10 percent of the host county’s share of appropriated greenspace funds.  It will affect grants beginning in FY 03. 

·     RAILROAD CROSSINGSHB 1382 (Channell/Parrish/Bannister/Manning/ McCall) establishes procedures for state and local governments to notify railroads that crossings need to be improved or repaired, as well as providing for sanctions if the railroad does not comply.  It also requires DOT to establish procedures for a county or city to use when deciding whether a crossing should be closed.

 Section D: Significant Bills

That Did Not Pass

The tracking document IGA used during this session is attached to this section at the end. We have highlighted certain bills which partially illustrate the diversity of the issues dealt with during the 2001-2002 session. These descriptions are brief, but as in every other section, complete texts of the bills discussed are attached at the end of the section.

ENVIRONMENT

·     WATER BILL OF RIGHTS - HR 28 (Porter/Channell/Hudson/Parrish/Ashe) would have established the Water Bill of Rights, which would have guided all governmental policy making regarding water.

·     LIVE OAKS LANDFILL - SR 936 (Thomas/Scott/Stokes/Butler/Polak) urged the Governor to close the Live Oaks Landfill.

 MUNICIPAL OPERATIONS

 ·     PUBLIC UTILITIES EMINENT DOMAINHB 1273 (Massey/Wilkinson/ 
      Richardson/Stokes/Purcell) & HB 1319 (Wiles/Ehrhart/ Massey)
would have imposed 
      significant restrictions on the ability of public utilities to condemn property. 

·     ATLANTA/FULTON COUNTY LIBRARYHB 1248 (Campbell/Willard/ Burkhalter/Wilkinson) and HB 1348 (Burkhalter/Campbell/Wilkinson) would have reduced the size of the Atlanta-Fulton County Library Board to seven members.  All board members would be appointed by the Fulton County Board of Commissioners, with each commissioner naming one board member.  Neither bill passed out of the House delegation, which was the controlling committee, as these were both local bills.

·     EMPLOYEE PRIVACY – HB 1374 (Buck/Hughley/Taylor/Smith/Roberts) would have exempted local government employees’ home addresses and phone numbers as well as social security numbers and health information from the Open Records Act.

·     PASS-THROUGH GRANTS - HB 1669 (Henson/Coleman/Walker/Royal/Ashe/ Dean) would have addressed a classic example of an “unintended consequence.”  It would have removed the requirement that local governments hire outside auditors to review pass-through grants, and their liability for misspent funds.  It sought to establish a threshold (of grant amount) below which certification by the final recipient would suffice, and above which the audit could be performed by the local government’s CFO or internal auditor.  This bill set the threshold for the audit requirement at $5,000.  The bill also would have allowed local governments to deduct an amount equal to the lesser of ½ of 1% of the value of the grant or $250 to defray costs of administering the grants.  This bill was vetoed by the Governor, who cited concerns about maintaining accountability over public funds. His concerns focused on the section of the bill that waived the audit requirement for amounts below $5,000.

·     MINORITY OWNED BUSINESSES - HB 225 (Stuckey/Squires/Harrell) would have included women in the list of eligible owners of a minority owned business.

·     SANDY SPRINGS – HB 267 (Wilkinson/Willard/Burkhalter/Campbell/Irvin) would have waived the 3 mile exclusion for the incorporation of new municipalities. Currently, no municipality can be created within 3 miles of an existing one. HB 574  (Wilkinson/Willard/Millar/Campbell/Irvin) would have incorporated a City of Sandy Springs.

·     ZONING PROCEDURES – HB 320 (Ehrhart/Stancil/Pinholster) would have allowed nonparty participation in certain zoning matters. HB 348 (Stuckey/Irvin/ Millar) would have given residential neighborhood associations standing to challenge zoning decisions that impact that neighborhood.

·     BUDGETARY PROCEDURES – HB 1187 (Irvin/Shanahan) would have prohibited municipal governments from spending money without specific legislative approval.

·     PROCUREMENT PUBLICATION – HB 1218 (Powell/Coleman) would have required local governments to publish their contracts on the Georgia Procurement Registry, which is administered by the state Department of Administrative Services.

·     EMINENT DOMAIN – SB 49 (Streat/Cheeks/Butler) would have expanded the conditions under which local governments are required to offer compensation for the use of eminent domain. 

 

 PUBLIC SAFETY

·     CONCEALED WEAPONS – HB 144 (Joyce/Powell/Davis/Massey/Day) would have allowed people without concealed weapons permits to carry loaded firearms in the passenger space of their cars, provided that they are not felons or otherwise ineligible for concealed weapons permits.

·     RACIAL PROFILING – SB 372 (Fort/Scott/Brown/James) would have made stopping a motorist on the basis of race or ethnicity illegal and required annual training to prevent such practices.

·     ABANDONED VEHICLES – SB 105 (Butler) would have allowed abandoned vehicles to be removed 72 hours after a warning was attached.

·     CELL PHONE USE – SB 167 (Tate) would have increased penalties for individuals who are involved in accidents while talking on a cell phone.

·     ALCOHOL SALES – SB 71 (Paul/Seabaugh/Mullis/Guhl/Cable) would have prohibited all alcohol sales within the City of Atlanta between 3 am and 7 am.

·     WATER UTILITY SECURITY – HB 1428 (Smith/Birdsong/Johnson/Bunn/ Hembree) required employees of local government water systems to be fingerprinted and subjected to criminal background checks.

·     PUBLIC FIREARM POSSESSION – HB 304 (Franklin/Coan/Massey/Joyce) would have allowed licensed firearm owners to carry firearms at public gatherings including church services, sporting events, and municipal buildings. Essentially, this would have eliminated ‘no-carry’ zones.

 REVENUE/FISCAL

·     TAX FREEZES – Three different bills (HBs 514, 517, & 518) (Ashe/Irvin) were introduced which would effectively freeze assessed homestead values in Atlanta and Fulton County (adjusted for changes in the Consumer Price Index) for municipal, county, and school board taxes. The House Atlanta/Fulton County delegation did not act upon any of these bills. 

·     HISTORIC PRESERVATION - HB 118 (Jamieson/Ashe/McClinton/Day) would have created a program to encourage renovation and preservation of historic structures through income tax credits.

TRANSPORTATION

·     HIGH OCCUPANCY LANE PASSES – HB 34 (Irvin) would have allowed individuals to purchase passes that would enable them to legally drive alone in high occupancy vehicle lanes.

·     PERMEABLE PAVING – HB 650 (Buckner/Drenner/Holmes/Orrock) would have required use of permeable paving surfaces in certain circumstances.

·     AIRPORT AUTHORITY – HB 1012 (Ehrhart/Westmoreland/Lunsford)would have transferred operational control of Hartsfield Airport from the City of Atlanta to a board whose voting members would have been Georgia DOT appointees. IGA vigorously opposed this legislation. HB 1084 (Irvin) would have transferred control to a new agency. Neither bill proposed any sort of compensation for the loss of control over the airport. HR 786 (Everett/Scheid/Mosley/Hudgens/Campbell/ Willard) would have established a House study committee to evaluate the merits of transferring operational control to the State.

·     URBAN ROAD BUILDING STUDY COMMITTEE - HR 130 (Mobley/Reed/ McClinton/Martin/Holmes) was a package bill in 2001. It would have created a committee to focus on ways to make urban streets more pedestrian friendly.

·     LOCAL ASSISTANCE ROAD PROGRAM STUDY COMMITTEE – HR 392 (Greene/Royal/Jamieson/Twiggs/Murphy) stated the need for increased LARP funding for local governments, and proposed to establish a House study committee to determine ways to achieve such an increase. HR 1074 (Greene/Stallings/Houston/ Skipper/Walker) would have established a joint House-Senate LARP study committee.

·     FLASHING BILLBOARDS – SB 59 (Cheeks/Streat) would have reduced the minimum distance required between multiple message signs as well as reducing the time intervals between message changes. 


Section E: Budgetary Items of Interest

2001 SUPPLEMENTAL BUDGET

STATE AGENCY

DESCRIPTION OF FUNDING

AMOUNT

Community Affairs

To reduce currently appropriated Local Assistance Grant funds

 275,000

 

To reduce the State Housing Trust Fund for the homeless

81,250

 

To add funds for start-up costs associated with the new Developments of Regional Impact (DRI) review process for the Georgia Regional Transportation Authority

50,000

Georgia Forestry Commission

To provide for improved personal protection equipment for all fire fighter personnel

 167,000

Human Resources

To eliminate the following contract funds in DFCS: Metropolitan Atlanta Opportunities Industrialization

 50,000

 

To eliminate the following contract funds in DFCS: Atlanta Project

 18,000

Public Safety

To fund 6 positions for the Response to Terrorism program

25,312

 

For the reduction in contracts for regional department and agency specific peace officer training contracts, training requirements by 2.5% payments to state and local governments on behalf of chief executive officers mandate training and eliminate academy uniform expenses at the Training Center.

160,521

General Obligation Sinking Debt Fund

To authorize $25,670,000 in 5-year bonds to purchase equipment for the following Department of Technical and Adult Education projects: $615,000 the Atlanta multipurpose building

615,000

 

To authorize $19,000,000 in 20- year bonds for the following Georgia Environmental Facilities Authority projects:  to provide low interest loans for local water and sewer construction projects

11,000,000

 

To authorize $19,000,000 in 20- year bonds for the following Georgia Environmental Facilities Authority projects:  to match federal funds for clean water and drinking water capitalization grants

  8,000,000

 

To authorize $8,800,000 in 20- year bonds for the following Department of Industry, Trade and Tourism projects: to construct a pedestrian plaza for the Georgia World Congress Center

3,800,000

General Obligation Sinking Debt Fund

To authorize $8,800,000 in 20- year bonds for the following Department of Industry, Trade and Tourism projects: for Phase IV expansion of the Georgia World Congress Center

5,000,000

 

To authorize $2,575,000 in 20-year bonds to acquire right of way and begin site preparation for a phased implementation of the Atlanta Multi-Modal Passenger Terminal

 216,300

Community Affairs

To authorize $14,665,000 in 5- year bonds for renovation projects at Department of Human Resources Hospitals: Atlanta ($3,205,000)

3,314,290

 

To authorize $20,000,000 in 20-year bonds to renovate the Trinity/Washington building

 151,200

 

Contract with Southeast Atlanta YMCA to renovate after school remedial and tutorial programs in the City of Atlanta

 20,000

 

Improve facade and parking lot and purchase equipment for the Sweet Auburn Curb Market

 40,000

 

Restoration of the 10th Street Meadow in Piedmont Park

15,000

 

Installation of handicapped equipment at public venues for South East Community Cultural Center, Inc.

 10,000

 

Operational expenses related to the community without walls and mainstage productions at Jomandi Theater

 300,000

 

Contract for services with Kids Around Metro Perimeter of Atlanta to provide summer camp and outreach programs

 10,000

 

West Hunter Tutorial and After school programs

 20,000

 

Contract with Cascade Ministries, Inc. to provide for Cascade Job Training Initiative

 10,000

 

Contract for service with Simpson Road House of Hope

20,000

 

Funds for Luke's Place Drug Treatment Program

20,000

 

Support services provided by NISSI Foundation to at-risk individuals

20,000

 

Residential improvement and economic development for the Pittsburgh community

25,000

 

Funds for the Black Arts Festival

 50,000

 

Citizen education programs

 25,000

 

Purchase van for transportation for Grace Cross Cultural Ministries

 27,800

 

Establish office space, staff salaries, purchase developmental materials for Kids in Discovery of Self

 30,000

 

Funds to impoverished children

 10,000

 

Fund after school programs and mentoring

 39,415

 

Aid programs at the Herndon Home

 30,000

Community Affairs

Fund after school programs

 20,000

 

Funding for health initiative, youth empowerment, and senior citizens programs

 20,000

 

Fund Adair Park and Oakland City Senior Citizen Home Rehabilitation, Beecher/Cascade intersection improvements

30,000

 

Purchase instruments, keyboards, auxiliary equipment, supplies for arts and crafts, and piano and vocal books for Cascade Ministries

 55,000

 

Funding for refurbishing and updating systems at the in town Community Assistance Center

15,000

 

Fund Capacity Building Initiative for Georgia Nonprofit Community in Fulton County

20,000

 

Substance abuse programs

60,000

 

Improve façade of Sweet Auburn Curb Market and purchase equipment and improve parking lot

44,000

 

Provide funds for programs and salaries at the Metropolitan Community Foundation

 85,700

 

Provide funds for Metropolitan Atlanta Senior Center

30,000


2002 GENERAL BUDGET

STATE AGENCY

DESCRIPTION OF FUNDING

AMOUNT

Community Affairs

Contracts for Homeless Assistance

1,250,000

Office of the Governor

Grants to Local Systems

482,540

Office of the Governor

Grants- Local EMA

1,085,000

Transportation

Capitol Outlay- Airport Aid Program

7,048,827

 

To decrease funds for the State Housing Trust Fund

162,500

 

To add funds for start-up costs associated with the new Developments of Regional Impact (DRI) review process for the Georgia Regional Transportation Authority

200,000

Corrections

To provide a 25% State match for the Atlanta Day Reporting Center

133,909

Office of the Governor

To reduce the Professional Standards Commission personal services by applying a 3% lapse and eliminating the positive lapse, travel, regular operating expenses and grants to local systems to reflect declines in the Capstone Program that provides funds to mentor student-teachers

438,815

 

To provide the Georgia Emergency Management Agency with 5 positions and related operating costs for the response to terrorism effort

357,833

Human Resources

To reduce contract funds for Family Connection technical assistance to local collaboratives

404,800

 

To eliminate contract funding for transitional homes for homeless men

100,000

 

To eliminate contract funding for Metro Atlanta Opportunities Industrialization

50,000

 

To eliminate contract funding for Atlanta Project

18,000

 

To eliminate contract funding for the Atlanta Fulton County Action Authority

50,000

 

To reduce contract funding for selected (3) Atlanta Regional Hospital contracts

109,112

 

To refinance outpatient substance abuse funds with federal funds

1,038,500

 

To close the children's unit at Atlanta Regional

936,084

 

To transfer substance abuse detoxification from hospitals to communities

807,939

 

To provide funds for the Georgia Early Learning Initiative to improve the quality of child care by expanding the tiered reimbursement pilot project and technical assistance at the Children's Development Institute of Atlanta, Affiliate for Technical Assistance

300,000

Industry, Trade, and Tourism

To designate 12 million dollars of funds for Passenger Rail System from Atlanta to Macon with combination of matched federal funds for a total of 50 million dollars

--

Public Safety

To fund 6 positions and related operating expenses for the "Response to Terrorism" Program

478,251

Department of Revenue

To expand the Governor's Property Tax Cut Plan to include statewide homestead exemptions for city property taxes

  24,000,000

Soil and Water Conservation Commission

To reduce watershed maintenance contracts

92,300

 

For the annual support of water planning programs

450,000

Transportation

To adjust funds for operations of air transportation by eliminating an expired aircraft lease payment and increase funds for maintenance and replacement parts and safety equipment

592,052

 

To reduce State funds with increased airport receipts for the increase in the rental rate on jet aircraft

13,125

 

To provide State matching funds with local funds to leverage additional federal funding in Mass Transit Grants for enhancements identified in the FY 2003 TIP to the following systems: MARTA $2,135,000 for 70 Alternative Fueled Buses

2,135,000

 

To provide state matching funds with local funds to leverage additional federal funding for the basic Mass Transit Grant program (Total funds- $2,886,594)

262,771

Community Affairs

To add funds for regular operating costs in Air Transportation for aircraft maintenance ($55,000) and hangar repairs ($45,000)

100,000

 

To provide funds to the Airport Aid program for pavement maintenance/runway repairs at publicly owned airports

250,000

 

Funds for a study on the use of the Atlanta Farmer's Market and how it should be developed in future years

25,000

 

Funding for activities at Adamsville Elementary School

1,500

 

Funds to feed and shelter homeless at Jerihico Rd. project

15,000

 

Contract for services with Southwest YMCA for the Brother to Brother and Sisters Only

50,000

 

Develop Total Wellness Program at Vine City Health and Housing Ministry

15,000

 

Contract with Pittsburg Community Improvement Association for housing improvement and economic development

30,000

 

Renovation of the Active Oval in Piedmont Park in the City of Atlanta

20,000

 

Provide for revitalization of Reynoldstown Community in the City of Atlanta

15,000

 

Purchase vehicle transport program recipients for Antioch Urban Ministries in the City of Atlanta

20,000

 

 

Contract for services with Trinity House for services to homeless men

25,000

 

Contract for services with the Georgia Citizen Coalition on Hunger

25,000

 

Fund a littoral shelf for the lake at Piedmont Park

10,000

 

Contract with Kids in Discovery of Self to maintain office and staff to continue and promote organization

25,000

 

Contract for services with David T. Howard National Alumni Association for substance abuse program in "Old Fourth Ward"

25,000

 

Contract for services with Cascade Job Training Initiative

15,000

 

Contract for services with Community Care, Inc for social service programs to children and youth

30,000

 

Purchase workshop materials, transportation and personnel for Nonprofits, Inc.

1,000

 

Purchase material for A.D. Williams Elementary School

1,000

 

Purchase materials at Peyton Forest Elementary School

1,100

 

Purchase materials at Jean Childs Young Elementary School

1,500

 

Purchase materials at Margaret Fain Elementary School

1,000

 

Purchase materials at Henry McNeal Turner Middle School

2,500

Community Affairs

Purchase materials at Fickett Elementary School

1,000

 

Purchase materials at Leonora P. Miles Elementary

1,000

 

Purchase materials for Collier Heights Elementary School

1,200

 

After-school and weekend program for at-risk children

10,000

 

Funding for materials at L.O. Kimberley Elementary

1,000

 

Funding for the purchase of materials at Beecher Hills Elementary School

1,000

 

Purchase materials at West Fulton Middle School

1,500

 

Funding for materials at Harper Archer High School

3,000

 

Funding for activities at Adamsville Elementary School

1,500

 

Purchase materials for Grove Park Elementary School

1,200

 

Purchase materials at F.L. Stanton Elementary School

1,200

 

Funding for materials and supplies at the Cascade Leadership Institute

20,000

 

Purchase materials at Anderson Park Elementary School

1,500

 

Purchase materials at Morris Brandon Elementary

1,000

 

Renovation of apartment building at Morris Brown College

125,000

 

Purchase materials at Margaret Mitchell Elementary School

1,000

 

Funding for materials at Carter G. Woodson Elementary

1,000

 

Purchase materials at Clara Maxwell Pitts Elementary School

1,000

 

Funding for materials at Benjamin E. Mays High School

4,000

 

Funding for study of tourism in the City of Atlanta

20,000

 

Purchase materials at West Manor Elementary School

1,000

 

Funding for materials at Oglethorpe Elementary School

1,500

 

Funding for materials at Continental Colony Elementary School

1,000

 

Improvements to Iverson Park

15,000

 

Funding for materials at Warren T. Jackson Elementary

1,000

 

Purchase materials at Walter F. White Elementary School

1,000

 

Repair patient elevator at Southwest Hospital

150,000

 

Purchase materials at Bazoline E. Usher Middle School

2,500

 

Support Metro Atlanta and statewide arts programming

15,000

 

Renovate Candler Park bathhouse

50,000

 

Simpson Road House of Hope for contractual services

28,000

Community Affairs

Plant trees and cleanup graffiti in the Old Fourth Ward Neighborhood

4,800

 

Clark Atlanta University Youth Music

15,000

 

Contract for services with West Fulton Family Support Center

10,000

 

Bureau of Cultural Affairs for after-school cultural program

25,000

 

Aid in renovation of Slaton Elementary School

4,500

 

Contract for services with Cascade United Methodist Community Outreach Program

50,000

 

Funding for ceiling repair of the Kappa Omega Foundation facility in the City of Atlanta (Grant given to Fulton County)

60,000