Vol # 3, Issue 11 - March 23, 2012

Major Legislation Moves Quickly Through House and Senate This Week


The legislative process continues to transform.  The way that legislation has moved, especially this week, is unlike anything that has happened in previous years.   Major legislation, including both tax reform and criminal justice reform, were introduced through special joint committees comprised of House and Senate members which operate under different rules than those that are established for other legislation.  For example, there is no opportunity for amendments to be made from the House or Senate floor prior to the vote.  Many of these legislative initiatives are priorities of the Governor and House and Senate leadership and have wide spread legislative support, including strong bipartisan support.   

 

In the case of tax reform, the bill was released publicly in committee and voted on in both the House and Senate within four legislative days.  County officials and others may have been surprised with how quickly the tax reform legislation moved, however most of the items included were not unexpected. The General Assembly has discussed moving away from the traditional ad valorem “birthday tax” on vehicles for several years.  Furthermore, eliminating state and local sales tax on the energy used on the manufacturing has been highlighted as a major recommendation from the Governor’s Competitiveness Initiative to attract new investment in the state.  Other parts of the legislation were discussed when comprehensive tax reform was introduced last year. 

 

While ACCG is often aware of components of legislative initiatives and has opportunities to suggest modifications on behalf of counties, the final legislation – which outlines the details - is not available until it is released.  If the General Assembly decides to use special committees as a way to develop and move legislation in the future, it will continue to make it difficult for every individual county to provide input once the legislation is introduced.  This situation makes it more important than ever for ACCG and county officials to stay in constant contact and have strong working relationships with state legislators. 

 

The General Assembly has just three days remaining in the 2012 Legislative Session:

 

Monday,March 26 (Day 38)

Tuesday,March 27 (Day 39)

Thursday,March 29 (Day 40)

 

There are still many major issues in play.  Please make sure that you have a way to get in touch with your legislative delegation by cell phone or email device that they carry with them.  In addition, please review the legislation highlighted below and discuss concerns with your legislators now. 

 

Tax Reform Legislation Awaits Governor’s Signature

 

The House and Senate overwhelmingly passed tax reform legislation (HB386) this week with strong bipartisan support. The House vote was 155 – 9 and the Senate vote was unanimously in favor of the bill.   Legislators working on this bill had several priorities, and ACCG worked closely with them to make the legislation at least revenue neutral for local governments collectively, considering statewide data for counties, cities and schools – not individual county data.  ACCG has developed additional background information on this legislation, which is available here.  ACCG also worked on several critical last minute amendments. 
 
ACCG will hold a webinar for county officials on Wednesday, March 28 at 10 a.m. to further explain how this legislation progressed and to outline key components.  To register for the webinar, click here.  

 

Criminal Justice Reform Legislation Passes House, Heads to Senate

 

The criminal justice reform legislation is also moving very quickly through the legislative process. This legislation seeks to reduce the state’s prison population by making widespread changes to Georgia’s criminal justice system.  ACCG has closely tracked the development of this legislation and provided input to legislators and testimony before the Special Joint Committee on Criminal Justice Reform.  However, many of the proposed changes will result in more cases at the local level and will impact county jails.  This legislation is a priority for Governor Nathan Deal and House and Senate leaders.

 

The Special Joint Committee on Georgia Criminal Justice Reform released the HB1176 substitute on Wednesday, March 21. The House passed the bill by a vote of 164 – 1 on Thursday, March22.   It is expected to be considered by the Senate early next week.  For more information on this legislation, click here.  
 
Juvenile Justice Reform Bill Awaits Action by Senate Rules Committee
 
The Juvenile Justice Reform Bill, HB 641, has passed out of the Senate Judiciary Committee and awaits action by the Senate Rules Committee.  It has one legislative day to make it to the Senate floor for a vote.  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.
 

Property Tax Legislation Addresses Concerns with Assessments and Boards of Assessors or Boards of Equalization

 

The House Judiciary Committee favorably reported a substitute for SB 234 which makes several changes to the property tax laws pertaining to assessments and the Board of Assessors or Boards of Equalization.  This legislation provides additional notice requirements for those that purchase tax executions, prohibits the sale of a tax execution while the value of the property is in appeal, authorizes counties to form a regional tax assessor’s office or share specialized appraisal staff, establishes requires a review board under the Department of Revenue to investigate complaints filed on members of the Board of Assessors or Boards of Equalization, further defines the process for appeals heard by hearing officers and arbitrators and makes other changes.  For more information, click here.

 

Open Meetings and Open Records Legislation Continues Forward Progress in the Senate

 

The open meetings and open records legislation (HB397) was favorably reported out of the Senate Judiciary Committee this week.  The committee made several improvements to this legislation based on recommendations from ACCG.  The bill now awaits action by the Senate Rules Committee.  For more information on this legislation, click here.

 

Bill Addressing Redirected Fees Passes Senate, Likely Headed to Conference Committee

 

One of ACCG’s top priorities this legislative session is to address the redirection of dedicated fees. The Senate passed HB811 as it was reported out of the Senate Appropriations Committee.  This modified legislation amended the original bill passed by the House and will allow for the unabated diversion of dedicated fees without any reduction until state reserves reach at least 7percent of the previous year’s fiscal budget, or about $1.1 billion.  This legislation is expected to head towards a conference committee next week.  ACCG favors the House’s original language.     

 

Keep an Eye on SB 98 – Guns in Government Buildings

 

Last year, ACCG compromised in good faith to develop language addressing guns in government buildings in SB 98.  On Thursday, a surprise substitute was introduced and passed out of the House Public Safety and Homeland SecurityCommittee.  This legislation will allow firearms in county, city and state government buildings and exempts governments from banning them.   ACCG is closely tracking this legislation and will issue an action alert to contact your senators if the Rules Committee schedules it for a vote in the House.


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