League of Women Voters of Georgia
Under the Gold Dome
March 22 - April 2, 2010
Week 11-12
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League of Women Voters of Georgia
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Nonpartisan News From The Georgia Capitol

Published weekly by the League of Women Voters of Georgia Education Fund
Editor: Tracey-Ann Nelson
 
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MARTOC Meeting

Metro Atlanta Rapid Transit Oversight Committee (MARTOC) is responsible for the oversight of the Metro Atlanta Rapid Transit Authority (MARTA) and MARTA budget.  As a joint committee of the House and Senate, MARTOC does not handle legislation or vote on the MARTA Board of Directors. 
 
In MARTOC's meeting on Thursday, March 25th, Dr. Beverly A. Scott, MARTA General Manager and CEO, and Benita Wes, president of the Amalgamated Transit Union, met with MARTOC to discuss the status of MARTA's auditing investigation and to petition for an opportunity to participate in the state's bonding program to install video surveillance cameras in the 600 buses operated by MARTA.
 
In May 2009, MARTOC Chairman Jill Chambers (Dist. 81) called on the state auditor to investigate MARTA's reserve funds and leaseback transactions.  According to Chambers, "something in MARTA's finances is not adding up".  She implied that MARTA's expenses increased after the new general manager was hired.  Scott claims that the increase in operating expenses was the result of restored services that had been cut in prior years due to a decline in sales tax revenues.  Chambers also suggested that MARTA could owe $391 million -- and possibly even up to $1 billion -- to AIG due to "investments going bad" through "lease-in, lease-out" and "sale-in, lease-out" (LILO/SILO) transactions. MARTA officials refuted the statement that MARTA could be liable for "up to $1 billion" and said that was inaccurate; stating that in fact, MARTA actually profited from a few LILO/SILO transactions.
 
At the meeting, Scott spoke on the audit report, stating that the report was 99.9% complete, but not ready to present to MARTOC.  Kipp Plowman, one of the auditors, responsible for the audit report, testified to the defense of MARTA, saying that the complexity of the LILO/SILO transactions requires a great deal of time and research before finalizing the audit report.  Moreover, Scott and Plowman do not expect to find any questionable items to appear in the final audit report.  MARTA committed to having the final report to members of the committee as soon as possible.  
 
Also on the MARTOC agenda was a presentation by Benita Wes regarding MARTA's workforce security and safety issues.  Wes stated that an average of 10 assaults occur on any given day.  She went on to cite that surveillance cameras are a part of the normal operations of most transit systems across the country except at MARTA.  Wes stated that the assaults could be reduced by 23% and criminal acts or illegal behavior against both employees and patrons would be deterred.   
 
Scott stated that installation of surveillance cameras cost about $6,400 per bus, not including the annualized operating expenses. If installed, MARTA is looking at finding an additional $3.8 million for its 600 buses.  MARTA is pursuing consideration to participate in the state bonding program.  If successful, the security upgrades would be a capital project to be considered under the bonding program.   
 
Unfortunately at this time, no tangible solutions have been identified for MARTA and the Amalgamated Transit Union from the MARTOC to address budget shortfalls.
 
Additional MARTA News: On March 31, MARTA closed the Clayton County's C-TRAN.  MARTA was responsible for operation and maintenance of C-TRAN under a three-year contract with Clayton County that began on October 1, 2007.  MARTA ceased its operation of the system and turned over all property, equipment, materials and other assets of C-TRAN to the County and removed all MARTA-owned assets. 
 


House and Senate Calendar
 
Legislators will convene on Monday, April 12th for the 34th legislative day of the session. There are currently 7 days remaining in the Legislative session. 
In This Issue
MARTOC Meeting
House and Senate Calendar
Budget
Legislation
Quick Links
 90 
No Final Budget yet for FY 2010 or FY 2011

The FY 2010 projected budget is still being amended to meet the real budget from March 2010 revenue numbers and will be reconciled in conference committee in the next few weeks.  Until the FY 2010 budget is balanced, the FY 2011 budget has yet to be finalized and remains in the House Appropriations Committee.  The Georgia Constitution requires that the General Assembly pass a balanced state budget within the legislative session. Seven legislative days remain.    

After hearing February's discouraging budget news of further declines in state revenues, Governor Perdue must recalculate projections for FY 2011.  Recent figures show that February 2010 revenues were down 9.9% compared to February 2009. Despite the unresolved FY 2010 and FY 2011 budgets, the Legislature decided yesterday to take a week-long break.  
 
Lawmakers are struggling to expedite the FY 2011 budget, which will be instituted on July 1, 2010.  To fill some financial gaps, legislators have focus on increasing charges for government services, inspections, and some licenses.  These charges should bring in a total of $100 million to help compensate for the $1 billion shortfall.  With the combined effects of foreclosures and increasing jobless rate in the state, revenues are less than stable. 
Legislation

 

GUNS

HB 615 - Rep. Bearden (Dist. 68)
Firearms Act/ Carrying of Concealed Weapons.  Allows the governor to suspend or limit the sale of firearms during states of emergency.  Status: House 2nd Readers 
SB 291- Sen. Shafer  (Dist. 48)  
Revises the concealed weapons law to permit carrying a firearm in a vehicle while dropping off or picking up passengers at airports; removes the fingerprint requirement from license renewals, and forbids any state authority to confiscate any weapons for any reason including a state of emergency. Status: House 2nd Readers 
SB 308- Sen. Seabaugh (Dist. 28)
If one possessed a concealed weapons permit, one may carry it almost anywhere. Private property owners may determine if guns are allowed on their property.  Shifts issuance of weapons permits to the Secretary of State rather than the local probate judge.  Status: House 2nd Readers 
 
ENVIRONMENT
HB 1039 - Rep. Buckner (Dist. 130)
Changes the state restrictions and adds exemptions on outdoor watering policy.  Prohibits watering between the hours of 10 A.M. and 6 P.M. daily.  Exceptions include agricultural purposes, storm/waste water collection and use, personal food garden irrigation, and new landscape installation. Status: House Second Readers
HB 1094 - Rep. Smith (Dist. 70)
Georgia the Environmental Protection Division and related agencies, to examine and reorganize programs that encourage voluntary water conservation.  Requires high-efficiency toilets, showerheads, faucets, and other water conservation practices in residential and mixed-use buildings.  Status: Senate Read and Referred

HB 158 - Rep. Manning (Dist. 32)

Mandates the use of equipment to measure the quantity of water used by individual occupants of mixed-use buildings.  This bill allows owner and operators of buildings to be billed separately for water usage and waste water usage.  Status: Senate Recommitted


ETHICS
SB 96 - Sen. Hooks (Dist. 14)
Creates a "watch dog" for lobbyists by giving the power to withhold state funds for noncompliance or nonperformance to the State Ethics Commission and to be prosecuted. Provides for the training of lobbyists, ethical reforms pertaining to lobbyists and the creation of ethics panels by ordinance or resolution giving the panel authority to enforce, create standards and procedures of lobbyist actions and behaviors. Gives compulsory or required regulations that can't be side-stepped.  Status: House Second Reading

HB 1242 - Rep. Hamilton (Dist. 23)

Requires reports by lobbyists to be filed with descriptions of all contributions or expenditures made to members of the State Transportation Board.  Status: Senate Read and Referred
 
HEALTHCARE
SR 794 and SB 317 - Sen. Hill (Dist. 32)
Protects Georgia's citizens from being forced into government-run healthcare. Existing private and government programs would not be affected by this legislation. Prohibits punishing those who do not participate in such a health plan and protect healthcare providers from being forced to perform mandated medical procedures.  Status for SR794: Senate Reconsidered Status for SB317: House Committee Favorably Reported
SB 407 - Sen. Hill (Dist. 32) and HB 1184- Rep. Ramsey (Dist. 72)
Provides health insurance policies by out-of-state providers to Georgia citizens. The business of insurance would be competitive by allowing other states' insurance companies to offer policies to citizens in Georgia. Would also provide standards that out-of-state insurance companies would have to follow. Status for SB 407: House Second Readers Status for HB 1184: Senate Read and Referred

SB 309 - Sen. Hill (Dist. 32)
Provides health insurance policies by out-of-state providers to Georgia citizens. Requires written applications in order for out-of-state policy insurers to sell insurance. Standard guidelines must be provided in all contracts to understand what benefits are provided to the beneficiaries within Georgia. Status: Senate Read and Referred

HB 307 - Rep. Cole (Dist. 125) 

Proposes to raise taxes on hospitals and insurance companies by 1.6%. The bill was created to help fund a $300 million shortfall in Georgia's Medicaid funding for FY 2011. The proposal would also raise insurance premiums charged by managed-care networks. Status: Passed Both Houses

HB 1436 - Rep. Knight (Dist. 126)

Creates a legislative oversight committee to adhere to the stipulations of the Medicaid Care Management Organizations Act.  The bill outlines and defines membership, terms, meetings, and duties.  It provides for cooperation with other agencies and mandates an annual report to detail the expenses of members through an audit completed by an effective date. Status: House Second Reader 

HB 1040 - Rep. Pruett (Dist. 144)  

Georgia Registered Professional Nurse Practice Act. Health maintenance activities by a designated caregiver under certain conditions will not require licensure as a registered professional nurse. Status: Senate Read and Referred

HB 1407 - Rep. Rodgers (Dist. 26)

Requires single administrator for dental services for Medicaid recipients and PeachCare for Kids participants. The Department of Community Health will competitively bid out and contract with a  single administrator. Status: Senate Read and Referred

SB 399 - Sen. Rogers (Dist. 21)

No department or agency shall implement any provision of federal healthcare reform legislation unless the department or agency provides a report to the General Assembly and the General Assembly authorizes such implementation by statute.  Status: House Second Reader 


TRANSPORTATION
HR 1358 - Rep. Setzler (Dist. 35)
Proposes an amendment to the Georgia Constitution that allows for 25% of state revenue accrued from sales tax and use tax to be used for transportation purposes.  Status: House Second Readers
HB 1252 - Rep. Jacobs (Dist. 80) 
Creates the Transit Governance Study Commission, which would conduct research on the effectiveness of combining public transportation systems throughout the state and would help decide how to allocate resources for regional traffic congestion in the Atlanta metropolitan area. Status: House Second Readers

HB 1446 - Rep. Abdul-Salaam (Dist. 74)

Allows MARTA to absorb Clayton County's public transportation system, C-TRAN.  After a 2010 referendum during the general primary election, C-TRAN would be able join MARTA and become a full financial participant; residents would vote on a tax increases to support this transition.  Status: Passed House

HB 1234 - Rep. Hamilton (Dist. 23)

Limits the term of membership of the State Transportation Board to 2 years.  Members of the board from each district would be elected by majority vote in the House of Representatives and the Senate.  Status: House Favorable Reported

HB 1393- Rep. Abdual-Salaam (Dist. 74)

Gives authority to local governments to levy sales tax to fund public transportation in metropolitan area. Status: Senate Read and Referred

 
PUBLIC SAFETY
HB 53 - Rep. Brooks (Dist. 63)
Prohibits law enforcement from indiscriminately using race, ethnicity or gender as a determining factor in stopping pedestrians and motorists. The definitions are as follows: law enforcement, pedestrian stop, racial profiling, and traffic stops, while also providing definitions for what is and isn't authorized by law during a "stop".  HB 1099 is a continuation of SB 325, but provides greater clarity and provisions.  Status: House Second Readers

 

JUDICIAL
SB 529 - Sen. Pearson (Dist. 51)
Calls for the specification and clarification of what actions constitute as a "criminal abortion".  Also calls for explanation/definition/specification of circumstances under which an abortion may or may not be performed;  asks that the term "racketeering activity" to include certain conduct relating to criminal abortion; prohibits an abortion where race or gender is the determining factor or reason for an abortion. Status:  House Second Readers

 

GOVERNMENTAL AFFAIRS

HB 1121 - Rep. Ramsey (Dist. 72)

Makes it a misdemeanor to tamper with state assessment test public records and other official documents. A fine of no more than $1,000 or imprisonment for 1 to 5 years would be enforced.  Status: House Committee Favorably Reported

HR 1866 - Rep. Benton (Dist. 31)

Calls for the impeachment of Attorney General Thurbert E. Baker. The following charges are given as the reason for said impeachment: failing and refusing to perform his constitutional and statutory duties and abdicating his constitutional authority against the state of Georgia. Status: House First Readers

HB 1477- Rep. Hatfield (Dist. 177)

Allows the governor the authority to designate legal counsel when the attorney general fails to do so in criminal and civil suits. Status: House Second Readers

 

TAXATION

HB 1020- Rep. Parrish (Dist. 156)

Redistributes county sales and use taxes for educational purposes. It will establish special districts and define procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the taxes. It will provide the powers, duties, and authority of the state revenue commissioner to determine related matters. Status: Senate Read and Referred

HB 984 - Rep. O'Neal (Dist. 146)

Prohibits the levy or collection of local income taxes by state municipalities and specifies that no local income tax returns shall be required. Status: Senate Read Second Time

 

KEY
HB- House Bill  HR- House Resolution 
SB- Senate Bill  SR- Senate Resolution  CA-Constitutional Amendment
 

The League of Women Voters of Georgia, a nonpartisan political organization, encourages the informed and active participation of citizens in government, works to increase understanding of major policy issues and influences public policy.