Final Consideration for Many Bills as Crossover Day Approaches Next Wednesday

Legislators were very busy this week working to move bills through the committee process and their respective chambers in order to meet the Day 30 "Crossover Day" deadline this coming Wednesday (March 7).  Legislation that has not passed in either the House or the Senate by Crossover Day can no longer be considered in its current form during this legislative session. ACCG and counties must remain vigilant, however, as issues of concern can always be added on to related legislation as an amendment.

Criminal justice reform and juvenile justice reform were the center of attention for counties this week. More information on both of these bills can be found below.  County officials are urged to become familiar with these bills and talk to your legislators so that they understand the impact at the local level. 

The pace will continue to quicken next week as the legislative session heads to Day 29 (Monday) and Day 30 (Wednesday). Keep an eye out for ACCG Action Alerts on important issues that may need your quick attention and response.

Criminal Justice Reform Legislation Introduced in the House

This week, the House Special Joint Committee on Criminal Justice Reform heard testimony from judges, prosecutors, sheriffs and other stakeholders on HB 1176, the criminal justice reform bill. This legislation is still very much a work in progress, and ACCG is closely monitoring the discussion and assessing the impact on local court systems and jails. Governor Nathan Deal has expressed interest in incorporating more recommendations from the report from the Special Council on Criminal Justice Reform. Watch for more information from ACCG on this legislation as it moves forward.

Juvenile Justice Reform Bill Will Add Protections for Children - But not without Costs for Counties

The Juvenile Justice Reform Bill, HB 641, overwhelmingly passed the House on February 29. While ACCG is supportive of the overall goal of the legislation, there are still concerns about the cost of implementation. Since the juvenile code has not been comprehensively revised since 1974, there are many areas that needed to be updated and many current practices that needed to be codified. However, the rewrite also provides for some requirements that may not be currently implemented in all counties, which will require additional funding. Highlights of the bill are as follows:

• Creates case timelines for all dependency(formerly deprivation) and delinquency proceedings.
• Provides for legal representation throughout court proceedings for the child in dependency, children in need of services (CHINS),or deprivation cases. Legal services cannot be waived in dependency or CHINS cases and can only be waived in delinquency cases if the child first consults with an attorney. (Current law provides for mandatory appointment of counsel for the child if no parent, custodian or guardian is available to represent the child).
• Requires that a comprehensive service plan be provided for children in need of services (CHINS).
• Requires prosecuting attorneys to conduct all delinquency proceedings on behalf of the state.
• Clarifies the roles of the Department of Juvenile Justice, Department of Family and Children Services, and the Department of Behavioral Health and Developmental Disabilities in terms of services. 
• Defines the role of the guardian ad litem and allows for the child’s attorney to fill this role unless there is a conflict of interest.

Open Meetings and Open Record Legislation Clears House

• Makes it clear that a meeting requires a gathering of a quorum to discuss public business.  It also expressly provides that email communications are not subject to the open meetings act. 
• Does not require the county to produce records not in existence at the time of the request. Records requests can be made orally or in writing but the enforcement requirements of the law are available only if the request is made in writing.
• Records custodians can be appointed so that all requests are directed to custodians.  The three-day response time remains, but the clock starts when the custodian receives the request.
• While the per copy charge the county can impose will be reduced to $.10/page, that charge is for standard size documents. For oversize documents, the actual costs of the media can be charged. Also, the cost of redaction by a full time county employee is expressly authorized.
• The attorney-client privilege will be broadened to cover matters “recognized by state law”. However, the privilege will not extend to factual findings, as opposed to legal conclusions, of an attorney conducting an investigation on behalf of the county so long as that investigation does not pertain to pending or potential litigation.

Weight Limit Legislation Stalls in Senate Transportation Committee

To its credit, the Senate Transportation Committee continues to delay a vote on Senate Bill 146, which increases the overall weight limits for trucks from 80,000 to 86,000 pounds and increases the single axle weight limit to 22,000 pounds.  Thanks to all of you who called or emailed to urge opposition.

Please continue to stay tuned as several other transportation bills could be amended with the weight limit language before the session's end.  Increasing the weight limits on trucks will further negatively impact road and bridge infrastructure throughout the state. The cost impact of this action on local taxpayers is significant due to the increased maintenance that will be required.

Encourage Senate Appropriations Committee to Consider Bill Addressing Redirected Fees

One of ACCG’s top priorities during the 2012 Legislative Session is to have legislation passed addressing the redirection of dedicated fees. HouseBill 811 passed with strong support in the House and is awaiting action in the Senate Appropriations Committee, chaired by Senator Jack Hill.  Please contact members of the Senate Appropriations Committee and encourage their support for this legislation in order to strengthen transparency in the state's budget making process.