This legislation was amended to include language from H.B 534 which defines relationships between relatives that constitute incest and H.B. 578 changes making harrassing telephone calls to a crime to make harassing, threatening or harassing telephone calls or electronic communications. The crime may be prosecuted either in the county where the communication is sent or received.  This legislation will have no direct fiscal impact on counties.

The current House substitute to this bill, LC 34 4943S, is a MAJOR revision of the MARTA tax and TSPLOST. The bill no longer contains any provisions regarding fireworks, although the summary for that version appears at the end of this new summary. 

The new transportation funding version of this bill does many things, including:

1) The City of Atlanta ONLY is allowed to levy an ADDITIONAL MARTA tax up to .50%, that will run concurrently with the existing 1% MARTA tax, if approved in a referendum.

2) The current single county TSPLOST is now available ONLY to counties which are not "metropolitan county special districts". In other words, this TSPLOST is available to all counties EXCEPT Fulton. This TSPLOST continues to not count towards the 2% local sales tax cap.

3) 159 special districts are created and a new TSPLOST at the rate of up to .75% is allowed for each special district that constitutes a "metropolitan county special district" defined as a county in which the 1% MARTA tax is currently levied AND in which 80% or more of the geographic area is made up of qualified municipalities (meaning a qualified municipality for SPLOST purposes). So the reality is this TSPLOST is for Fulton County ONLY. This new TSPLOST will not count towards the 2% local sales tax cap.

4) 159 special districts are created and yet another new TSPLOST at the rate of up to .75% is allowed for each special district that constitutes a "metropolitan municipality special district" defined as a city in which the 1% MARTA tax is currently levied AND in which 15% or more of the geographic area is made up of a metropolitan county special district. The second condition is meaningless since the City of Atlanta is the ONLY city allowed to levy the MARTA tax under the MARTA local constitutional amendment. So the reality is this TSPLOST is for Atlanta ONLY. This new TSPLOST will not count towards the 2% local sales tax cap.

THE FOLLOWING NO LONGER PERTAINS TO THE BILL: 

Prior to the House substitute, this legislation did not allow local governments to determine the hours of fireworks usage, which ACCG continues to advocate.  However, the bill makes several significant and beneficial changes to Georgia's fireworks law, including limiting the usage of fireworks from between 10 a.m. to 10 p.m., extended to 11:59 p.m. on January 1, July 3, July 4 and December 31, and until 1 a.m. on New Year's Day.  Local governments may extend these hours at their discretion.  Areas prohibited from usage are extended, and local governments determine whether to permit usage on their public property. There are various changes to the licensing of fireworks vendors, and local governments are clearly authorized to enforce state fireworks laws.            

This legislation was developed over several years and incorporates many of the recommendations from the Governor’s Commission on 9-1-1 Modernization and Balanced Funding as well as recommendations from the Senate Study Committee. It is estimated the 9-1-1 centers could see as much as a 20 to 25 percent increase in revenues and double the prepaid fees that are collected at the point of sale and remitted to the Department of Revenue.

The Authority is made up of local officials, representatives from the telecommunications industry, and a GEMA representative, for a total of 15 members.

The Authority will provide statewide coordination of 9-1-1 activities in the state; provide planning; oversee compliance by carriers and service providers; audit service providers to ensure all fees are paid; and collect and distribute 9-1-1 fees through a centralized location. ALL 9-1-1 FEES COLLECTED IN A JURISDICTION WILL BE DISBURSED BACK TO THE JURISDICTION FROM WHICH IT CAME. 

The Authority may retain UP TO 3% for administration, for activities such as financial services, auditing and legal services.

The legislation eliminates the cost recovery charges that are billed back to jurisdictions by the wireless providers. It does allow the providers to bill their subscribers for cost recovery, but it will not come out of the 9-1-1fees received for the operation of the 9-1-1 center.

It also sets the 9-1-1 fees for landlines, wireless and prepaid, to $1.50 across the board.

This legislation enacts a moratorium on issuing new licenses to narcotic treatment programs.

This legislation requires sexual offenders to report in person to the sheriff twice a year.

This legislation asks the voters to consider a referendum amending the Georgia Constitution to designate the proceeds of the state excise tax on firework sales to be used for trauma care, fire training and public safety.

 This legislation creates the Senate Sexual Offender Registry Study Committee.