Primer on State Government and the Legislative and Budget Processes Primer on State Government and the Legislative and Budget Processes
The Organization of State Government Non sibi sed aliis Colonial Georgia
- Settled in 1733 by James Oglethorpe - Legislature dates to 1751 - Commons House of Assembly 1755 - Georgia’s first state legislature 1777 The Organization of State Government
- Capitol built 1889 - Georgia population less than 2 million people - Authority dispersed to local governments Georgia’s Population The Growing State
1733 114 1790 82,548 1860 1,057,286 1900 2,216,331 1940 3,123,723 1980 5,463,087 2020 (est) 10,617,423 Serving the Citizens of Georgia BY THE NUMBERS ______State Agencies: 80+
Total Entities: + 120
State Employees: + 68,000
State government is the largest employer in Georgia. Constitutional Officers Constitutional Agencies ______State Board of Education
GSFIC
Board of Regents
DOT & State Transportation Board
State Board of Pardons & Paroles
Board of Natural Resources
State Personnel Board
Department of Veterans Service & Board
AGENCIES WITH HIGH CONSTITUENT INTERACTIONS - Department of Revenue - Department of Driver Services - Department of Human Services - Department of Community Health - Department of Behavioral Health and Developmental Disabilities - Department of Labor - Department of Community Affairs - Department of Economic Development - Department of Veterans Service - Department of Transportation Georgia Department of Revenue
State Revenue The Department of Revenue: Commissioner - Administers collection of state income tax, motor fuel tax, property tax, David M. Curry and sales and use taxes - Administers tax laws 1800 Century - Enforces laws and regulations for alcoholic beverages and tobacco Boulevard, NE products Atlanta, GA 30345 - Manages motor vehicle tag and title services - Promotes taxpayer compliance - Administers unclaimed property https://dor.georgia.gov/unclaimed-property-program Georgia Department of Revenue: Motor Services Division Georgia Department of Revenue: Tax Services Georgia Department of Driver Services
Commissioner Spencer R. Moore
2206 East View Parkway Conyers, GA 30013 Georgia Department of Human Services
Commissioner The Department of Human Services is comprised Robyn Crittenden of three divisions:
2 Peachtree St. NW 29th Floor - Division of Aging Services Atlanta, GA 30303 - Division of Child Support Services - Division of Family and Children Services Georgia Department of Human Services Georgia Department of Human Services Georgia Department of Human Services Georgia Department of Community Health
The Department of Community Health administers: Commissioner - Medicaid Frank Berry - Peach Care for Kids - State Health Benefit Plan (SHBP) 2 Peachtree St. NW Atlanta, GA 30303 - Rural Hospital Tax Credit - Certificate of Need (CON) program - Indigent Care Trust Fund - State Office of Rural Health - Rural Hospital Tax Credit Georgia Department of Community Health
https://dch.georgia.gov/document/hcbs/hcbs-11916pdf/download Georgia Department of Behavioral Health and Developmental Disabilities
The Department of Behavioral Health and Developmental Disabilities administers: Commissioner - Mental Health and Substance Abuse Services Judy Fitzgerald - Transitional Housing Resources - Intellectual and Developmental Disability 2 Peachtree St. NW Services 24th Floor Atlanta, GA 30303 - Hospital Services - Five State Hospitals Georgia Department of Behavioral Health and Developmental Disabilities Georgia Department of Labor
The Department of Labor administers:
Commissioner - Unemployment Insurance (UI) Mark Butler - Career Centers - Employment Programs 223 Courtland St. N.E. Suite 200 - Georgia Best Program Atlanta, GA 30303 - Youth Work Permits - Foreign Labor Certification - Jobs for Georgia Graduates Georgia Department of Community Affairs
Commissioner Christopher Nunn
60 Executive Park South, NE Atlanta, GA 30329 Georgia Department of Veterans Service
Commissioner Mike Roby
Floyd Veterans Memorial Building Suite E-970 Atlanta, GA 30334 Georgia Department of Transportation
Commissioner Russell McMurry
One Georgia Center 600 West Peachtree NW Atlanta, GA 30308 Jeff McCord Carl Vinson Institute of Government 116 Coverdell Legislative Office Building Atlanta, GA 30334 Georgia.gov
404-463-6802 [email protected] Find Us!
www.cviog.uga.edu Since 1927, the Carl Vinson Institute of Government has been an integral part of the University of Georgia. A public service and outreach unit of the university, the Institute of Government is the largest and most comprehensive university based organization serving governments in the United States through research services, customized assistance, training and development, and the application of technology. Primer on State Government and the Legislative and Budget Processes
POP QUIZ
Georgia Facts and Figures What is the current population of Georgia? A. 9.8M B. 10.6M C. 11.7M D.12.2M
34 What is the number one agricultural product grown/produced in Georgia?
A. Cotton B. Peaches C. Blueberries D. Poultry
35
Georgiadata.org
• Interactive data from the County Guide and other state and national sources. • Topics include Agriculture, Criminal Justice, Education, Economic, Demographic, and Health data • Portal to Local Government School Finance data
37 Use Georgiadata.org/topics What industry sector is more dominant in Georgia compared to other parts of the U.S.?
A. Motion Picture and Video B. FinTech C. Transportation and Logistics D. Livestock Processing Approximately 70% of electronic payments How many babies were born in Georgia in 2019?
A. 126,250 B. 73,982 C. 150,804 D. 48,791 How many babies were born in Georgia in 2018?
A. 126,250 B. 73,982 C. 150,804 D. 48,791
Source: Georgia Department of Public Health, OASIS Birth rates in Georgia have been declining since 2007
2007 75 73.4
73 44 44 - 71 69 67 65 63 2019 1k births per females age 15 age females per births 1k 61 57.9 59 57 55 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018
Source: Georgia Department of Public Health Let’s look at births another way
Class of 2026 Georgia Births, 2004-2019 155,000 150,804 150,000 Class of 2023 145,000 140,000 138,561 Class of 2032 Class of 2038 135,000 128,511 130,000 126,250 125,000 120,000 115,000 110,000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Source: Georgia Department of Public Health, OASIS If Georgia were a Fortune 500 Company, what would the state’s ranking be based on revenues?
A. 20 B. 63 C. 122 D.305
44 If Georgia were a Fortune 500 Company…
57
63 Georgia $52.5B 68
88
Source: Fortune 500 State Budget Process What is a budget?
47 What is a budget?
• Communication tool • Control on expenses • Action Plan • Constraint, boundaries • Allocation of revenue • Describes what • Policy Document – government does leader’s priorities • Vehicle for open debate
48 FY 2020 State Revenue State Funds $27,371,953,418
45.3% Individual Income Tax 22.6% Sales and Use Tax
Dedicated Funds Examples - Lottery Funds - Motor Fuel Tax
Source: Georgia Department of Audits, Georgia Revenues and Reserves Report Fiscal Year End June 30, 2020 FY 2020 State Budgeted Expenditures State Funds $27,542,850,393 Mobile Georgia Debt Management 7% 4% Growing Georgia 1%
Responsible and Healthy Georgia Efficient 22% Government 3%
Safe Georgia Educated 8% Georgia 55%
Source: Budget In Brief FY 2020, OPB 2 Budgets Per Session
Amended Budget (AFY 2021) Future Fiscal Year Budget (FY 22) - “little budget” • “BIG budget” - Changes to the current fiscal • 12 Month Fiscal Plan for the year budget that ends in June fiscal year starting July 1, - K-12 Mid-Year Adjustment 2021 - One-time funds Program Budgets
Appropriate Funds by Program
Agency
Program 1 Program 2 Program 3 Base Budget +/- Changes
Program 4 Program 5 Program… = New Program Total Budget Georgia’s Annual Budget Cycle
Agencies submit budget requests to OPB September Agencies begin preparing August next year’s budget 12 1 requests July October 11 2 November June 10 3
9 4 May December Agencies submit 8 5 Annual Operating 7 6 Budgets (AOBs) April January
Governor signs March February appropriations bill Legislative Appropriations Process Legislature passes appropriations bill & sends it to Governor Georgia’s Annual Budget Cycle OPB manages and monitors the budget Start through amendments and allotments. OPB Agencies submit budget reviews expenditures & consults with requests to OPB agencies on budget issues. September OPB analyzes requests Agencies begin preparing August next year’s budget 12 1 requests July October OPB budget 11 2 recommendations OPB Approves to Governor AOBs November June 10 3 Governor meets w/ Next year’s budget Agencies instructions sent to 9 4 agencies Governor’s final December May budget decisions Agencies submit 8 5 Annual Operating 7 6 Budgets (AOBs) April January Governor’s budget to General Assembly Governor signs March February appropriations bill Legislative Appropriations Process Legislature passes appropriations bill & sends it to Governor State Budget Cycle – three fiscal years at once
2020 2020 2020 2020 2021 May July Sept. December January - March FY 2020 4th Quarter Close Out FY Audit/ Financial Close Out SAO Statements FY 2021 AOB New FY Amendments/Allotments Monitor Implement-ation Starts (Amended Appropriations Act) Plans
FY 2022 Strategic Plan Agency Submit to Governor’s Appropria- Develop and Budget Develop OPB Budget tions Planning Budget Recommend-ation Act Request
55 Since 1927, the Carl Vinson Institute of Government has been an integral part of the University of Georgia. A public service and outreach unit of the university, the Institute of Government is the largest and most comprehensive university based organization serving governments in the United States through research services, customized assistance, training and development, and the application of technology. www.cviog.uga.edu Primer on State Government and the Legislative and Budget Processes How a Bill becomes a Law Session Overview ➢The Lawmaking Process
➢Actual Legislative Experiences
➢The Handbook for Georgia Legislators
➢Q&A
The Idea The Legislator sees:
➢ A need for a new law; or
➢A need for changes in existing law ➢ Personal Experiences ➢ State Agencies ➢ Study Committee Reports ➢ Constituents ➢ The News Media ➢ Events ➢ Etc. Drafting Legislation Legislator visits the Office of Legislative Counsel (OLC)
OLC attorney advises on legal issues and drafts the bill
Legislator files bill with the Clerk of the House or Secretary of the Senate Introduction and Committee Assignment ➢ Bill is formally introduced
➢ The presiding officer assigns it to a standing committee
➢ In the House, the Clerk reads the bill’s title
-Carl Vinson Institute of Government - University of Georgia, Handbook for Georgia Legislators Possible Committee Actions ➢ Pass the bill with or without amendments
➢ Pass the bill as a committee substitute
➢ Report the measure out unfavorably
➢ Hold the bill without reporting it
-Carl Vinson Institute of Government - University of Georgia, Handbook for Georgia Legislators The Rules Committee “The daily legislative agenda on the floor of each chamber is governed by a rules calendar prepared by each chamber’s Rules Committee.”
-Carl Vinson Institute of Government - University of Georgia, Handbook for Georgia Legislators Floor Consideration The Other Chamber ➢ If second house passes the bill, it is returned to the chamber where it was introduced ➢ If it was changed (by amendment, substitute or both) in the second house, the first house can accept the changes ➢ If the first chamber rejects the changes and the second chamber insists on the changes then: ▪ A conference committee is appointed
-Carl Vinson Institute of Government - University of Georgia, Handbook for Georgia Legislators Bill Signature or Veto Governor may…
➢ Sign the bill
➢ Do nothing
➢ Veto (requires two-thirds of members of each chamber to override) Let’s Pause for Perspective ➢ 1,453 bills were considered during 2020 Session
▪ 770 of that number were introduced in 2020 ▪ 683 of the that number were introduced in 2019
➢ 283 bills passed in 2020
➢ 4 bills were vetoed by the Governor in 2020
-Carl Vinson Institute of Government - University of Georgia, Handbook for Georgia Legislators A Georgia Legislative Story Getting my bill passed through the Georgia General Assembly, by… QUESTIONS? Since 1927, the Carl Vinson Institute of Government has been an integral part of the University of Georgia. A public service and outreach unit of the university, the Institute of Government is the largest and most comprehensive university based organization serving governments in the United States through research services, customized assistance, training and development, and the application of technology. www.cviog.uga.edu Primer on State Government and the Legislative and Budget Processes 80 OFFICE OF LEGISLATIVE COUNSEL
316 State Capitol (3rd Floor, Northeast Corner) Phone: (404) 656-5000 [email protected]
81 82 83 84 85 86 87 As provided by law, the Office of Legislative Counsel represents and provides legal services to the General Assembly as an organization which acts through its duly authorized constituents. O.C.G.A. § 28-4-3.
That express statutory arrangement creates an attorney-client relationship with the General Assembly. O.C.G.A. § 28-4-3.1.
That attorney-client relationship, established by law, is analogous to that between the Attorney General’s office and Executive Branch agencies.
88 Our Mission The purpose of the Office of Legislative Counsel is to provide confidential, non- partisan, and impartial legal services to the Georgia General Assembly and its members, in adherence to the Rules of Professional Conduct of the State Bar of Georgia, the Constitution of Georgia, and the Constitution of the United States, with excellence and courtesy.
89 Who We Are
LEGAL STAFF 13 Attorneys
Over 200 years of experience as members of the Georgia Bar
SUPPORT STAFF 1 Operations Manager 1 Lead Editor 5 Editors 1 Lead Document Specialist 6 Document Specialists 1 Resolution Coordinator 2 Session Interns
TOTAL STAFF 28 Full-Time 3 Temporary
90 “(b) It shall be the duty of the legislative counsel to: (1) Provide bill-drafting services which shall be equally available to every member of the General Assembly; and (2) Advise and counsel members of the General Assembly on legislative matters. (c) The legislative counsel is authorized to: (1) Provide for statutory and Code revision, render opinions, assist standing and interim committees, and perform similar legislative functions; (2) Perform research, issue reports, and make recommendations as a result thereof; (3) Exchange information, data, and material with similar agencies in other states; (4) Provide legal services for the legislative branch of government and, with the approval of the committee or the chairman, to represent the interests of the legislative branch in matters involving litigation; and (5) With the approval of the committee, provide for advisory committees relative to statutory and Code revision. He or she is authorized to seek the advice and assistance of the State Bar of Georgia, law schools, and individuals and organizations knowledgeable in this
field. “ 91 Drafting Legislation and Legal Opinions
BILLS, AMENDMENTS, AND LEGAL RESOLUTIONS
9,000 total drafts for 2017- 2018 biennium (does not include privileged resolutions)
Average 750 drafts per drafting attorney for 2017-2018 biennium
50-70 hrs. per attorney per week (session) ______LEGAL OPINIONS (WRITTEN)
325 for 2017-2018 biennium
92 Legal research
Legal staff for committees
Legal staff for Georgia Code Revision Commission
Publication of the Official Code of Georgia Annotated
Publication of the annual Georgia session laws
Publication of the annual Summaries of General Statutes
Represent the Georgia General Assembly in litigation
Draft Resolutions
93 We draft upon request or authorization of any member of General Assembly
We draft for the President of the Senate
We draft for the Governor (through authorization of members who serve as floor leaders in House and Senate)
94 In person at our office (strongly encouraged—this provides better interview, better understanding)****
Phone call to (404) 656-5000
Email to [email protected]
Via General Assembly-employed Administrative Assistant who is assigned to member or any person listed on his or her authorization form on file with the office
95 Our office is closed to unscheduled visitors at this time. We encourage you to contact the Office via phone (404) 656-5000 or email to [email protected].
You may also communicate with an attorney directly via email, who can work with you by phone or Zoom if necessary.
Any pre-scheduled in person meetings that you feel are necessary will be held in a designated location within the office and will be limited to attendance by the one legislative member in order to comply with social distancing recommendations.
96 Tell us what your objective is
Give us as much detail as you can
Tell us if we may contact anyone else regarding details of the request (to obtain specialized practical knowledge, etc.)
97 We will not draft legislation or discuss a drafting request with anyone other than the member or his/her General Assembly staff unless the member has authorized us to do so
The member may give such authorization to us by handwritten note, by email, or by phone call
However, unrestricted carte blanche authorization for a non-member to submit requests to us, without any limitation as to a particular bill or subject, will not be sufficient authorization
98 ▪ We need the details! With over 1,500 resolutions drafted per session, our resolutions team cannot do the background research on who or what you want to honor-- we can’t “just google it” for you. ▪ Tell us which details you want to feature by highlighting or underlining specifics. Details that sound important to us may not be important to you. ▪ Give us time: Everyone wants resolutions. Please be patient and if you need a resolution for a specific event, please let us know about this date/deadline when you make the ❖ TIP: Double check the request so we can plan accordingly. resolution before you drop it ▪ It is strongly encouraged you send in the hopper and it becomes your requests via email to [email protected] public.
99 Road dedications/namings require a resolution also but are assigned to committee and go through the legislative process similar to a bill.
Process: • Obtain a ‘no conflict’ letter from GDOT prior to requesting the resolution. • Provide our office with the same bio info you would for a privileged resolution. • You will get an advertisement from our office- you must run the ad in the local paper prior to the committee hearing on the road dedication. ❖ Keep in mind the committee rules: • No current public officials • Must be a person of local, state, or national significance 100 101 We Serve Majority Party, Minority Party, and Independents, Without Favor
102 103 Our objective is to produce drafts that accomplish what legislators would like to accomplish
The policy choices are for legislators to decide
But the “how”—the actual drafting so that the law is coherent and “works”—is the drafting attorney’s responsibility
So, tell us what is the desired end, and we will do our best to provide a means to that end
104 Staff attorneys are assigned to serve particular standing committees in both the House and Senate
Attorney’s length of service with particular committees (and/or other experience) leads to expertise in subject matter handled by those committees
Thus, we tend to direct bill requests to a particular attorney based upon subject matter of the request
However, on occasion, new requests may need to be directed elsewhere when a particular attorney is heavily loaded with pending requests
105 How Long Does It Take to Draft a Bill? Answering this is similar to answering the question of how long a man’s legs should be:
“Long enough to touch the ground.”
In other words: As long as it takes to do what is needed, which will vary from case to case.
106 Turnaround time will depend upon various factors, including:
Pending workload of individual attorney (generally, requests are processed by attorney on FIFO basis)
Extent and complexity of issues involved
Amount of research required
Pending collective workload of the office
So, please give us as much lead time as you can
107 Work was likely done by someone who does not draft legislation full-time or who is unfamiliar with Georgia law
Borrowing from “one-size-fits-all “ model legislation or from another state’s statute is not a simple solution; allowance must be made for the fact that Georgia’s own existing body of law, and what our own state Constitution permits, will differ from other states. Legislation must be crafted to work specifically in Georgia
Attorneys are professionally obligated to perform due diligence, which necessitates allowing sufficient time for substantive thought and research
Finally, simply handing over a pre-draft without sufficient accompanying explanation of the intended effect may actually hamper the process, because the legislator’s actual effect may not be accurately reflected in the pre-draft, which may lead to unintended consequences 108 As attorneys for the General Assembly, we are professionally obligated to advise a member of any apparent constitutional or other problems with his/her bill request. See Georgia Bar Rule of Professional Conduct 2.1.
Such advice is normally written, unless urgent circumstances do not allow time—in which event oral advice will be given.
Having been so advised, it is the member’s decision as to whether and how to proceed.
109 -The Supremacy Clause of the U.S. Constitution -Abridgement of the General Assembly’s Powers -Delegation of Legislative Power -Multiple Subject Matters; Bill Titles -Method of Amending or Repealing Laws -Uniform Operation of General Law -Revenue Bills; Appropriation Bills -General Appropriations Bill -Dedication of State Revenue -Gratuities -Retroactive Laws; Ex Post Facto Laws; Impairment of Contracts -Bills of Attainder -Local and Special Laws -Home Rule Powers -New Population Bills
110 “The General Assembly shall have the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper for the welfare of the state.” Ga. Const. art. III, sec. VI, par. I (emphasis added)
This means that Constitutional provisions, whether in the State or federal Constitution, are the only restrictions or limitations on the General Assembly’s legislative powers.
(This is different from the powers of the U.S. Congress, in that the Congress has no powers other than those which are specifically or by necessary implication conferred by the federal Constitution.)
111 The Supremacy Clause
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”
U.S. Const. art VI, clause 2
112 Abridgement of Powers--“Don’t Tie Your Own Hands (or Those of Your Successors)” “The General Assembly shall not abridge its powers under this Constitution. No law enacted by the General Assembly shall be construed to limit its powers.”
Ga. Const. art. III, sec. III, par. III
113 Delegation of Legislative Power
“The legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.” Ga. Const. art. I, sec. II, par. III
“The legislative power of the state shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.” Ga. Const. art. III, sec. I, par. I
114 Bill must be confined to single Rule requiring subject to be expressed subject matter; i.e., must be “logical in bill title was adopted in response and natural connection” among to Yazoo land fraud. provisions of bill. No “logrolling.”
115 Method of Amending or Repealing Laws
“No law or section of the The Constitutional requirement Code shall be amended or repealed by mere reference for description of the law being to its title or to the number amended or repealed and the of the section of the Code; but the amending or alteration to be made by the repealing Act shall distinctly describe the law legislation is met by the or Code section to be standard form and style used by amended or repealed as well as the alteration to be Legislative Counsel in drafting made. “ bills.
Ga. Const. art. III, sec. V, par. IV
116 Uniform Operation of General Law
“Laws of a general nature shall have uniform operation throughout this state and no local or special law shall be enacted in any case for which provision has been made by an existing general law, except that the General Assembly may by general law authorize local governments by local ordinance or resolution to exercise police powers which do not conflict with general laws.”
Ga. Const. art. III, sec. VI, par. IV(a)
117 Revenue Bills; Appropriation Bills
”All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.”
Ga. Const. Art. III, sec. V, par. II
As a practical matter, the House may decline to take up a Senate bill which has been transmitted to the House and which the House considers to be a revenue bill.
118 General Appropriations Bill
• The General Appropriations bill “The general appropriations bill shall embrace nothing is the one bill which the General except appropriations fixed by Assembly is Constitutionally previous laws; the ordinary required to pass each year. Ga. expenses of the executive, legislative, and judicial Const. art. III, IX, II(b). departments of the government; payment of the public debt and interest • A General Appropriations bill thereon; and for support of the cannot contain substantive law public institutions and educational interests of the authorizing agencies to take state. All other appropriations actions not already permitted shall be made by separate bills, by general law and cannot alter each embracing but one subject.” agency powers derived from general law. 1991 Op. Att’y Ga. Const. art. III, sec. IX, par. Gen. 91-26. III
119 Dedication of State Revenue (“Earmarking”)
“Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money; and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.”
--Ga Const. art. III, sec. IX, par. VI
120 Gratuities
“Except as otherwise provided in the Constitution, (1) the General Assembly shall not have the power to grant any donation or gratuity or to forgive any debt or obligation owing to the public, and (2) the General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into.”
Ga. Const. art. III, sec. VI, par. VI(a) 121 Retroactive Laws; Ex Post Facto Laws; Laws Impairing Contracts
Laws that “reach back” and punish conduct that was not criminal at the time it was committed or that impair vested rights under contracts already entered into prior to the effective date of the legislation are prohibited.
”No … ex post facto law, retroactive law, or laws impairing the obligation of contract … shall be passed.” Ga. Const. art. I, sec. I, par. X
122 Bills of Attainder
”No bill of attainder … shall be passed.”
Ga. Const. art. I, sec. I, par. X
Proceed with caution when introducing a bill that could cut short an incumbent’s term of office. This can be done directly or indirectly.
123 Local and Special Laws: Preemption
“… [N]o local or special law shall be enacted in any case for which provision has been made by an existing general law, except that the General Assembly may by general law authorize local governments by local ordinance or resolution to exercise police powers which do not conflict with general laws.”
Ga. Const. art. III, sec. VI, par. IV(a)
124 Local Legislation: Ads “The General Assembly shall provide by law for the advertisement of notice of intention to introduce local bills. “ Ga. Const. art. III, sec. V, par. IX
“No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriff's advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill Please use the ads is introduced. After the advertisement has prepared by our office. been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published.” O.C.G.A. § 28-1- 14(a) 125 “No local bill amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government shall become law unless a copy of the notice of the intention to introduce local legislation … is mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which such notice is published as provided … or during the seven days immediately following the date of publication of such notice.“
O.C.G.A. § 28-1-14(b)
126 Local The sponsor of local legislation must make Legislation: an affidavit, in our office and in front of our Sponsor’s notary public, that all the notice Affidavit requirements for the local legislation have been met. We will not release local “A copy of the notice as it was advertised and an legislation to the member until such affidavit stating that the affidavit has been made. The affidavit form notice has been published as provided by this Code is provided by our office. section and that the notice requirements … have been met shall be attached to the bill and shall become a part The affidavit must be made upon the of the bill. Such affidavit member’s personal knowledge. shall be made by the author of the bill.”
O.C.G.A. § 28-1-14(c)
127 Home Rule Powers: Counties “The governing authority of each county shall have legislative Home Rule Powers of power to adopt clearly Counties are provided by reasonable ordinances, resolutions, or regulations the Georgia Constitution. relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto. … This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit, or otherwise regulate the exercise thereof….” Ga. Const. art. IX, sec. II, par. I(a). 128 Home Rule Powers: Cities “The General Assembly Home Rule Powers of cities are may provide by law for the self-government of specified by general law. municipalities and to that end is expressly given the authority to delegate its O.C.G.A. Title 35, Chapter 36. power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly.”
Ga. Const. art. IX, sec. II, par. II
129 (1) Police and fire protection.
(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control.
(4) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof.
(5) Parks, recreational areas, programs, and facilities.
(6) Storm water and sewage collection and disposal systems.
(7) Development, storage, treatment, purification, and distribution of water.
(8) Public housing.
(9) Public transportation.
(10) Libraries, archives, and arts and sciences programs and facilities.
(11) Terminal and dock facilities and parking facilities.
(12) Codes, including building, housing, plumbing, and electrical codes.
130 The power granted to counties … shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
(1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority. (2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the county governing authority. (3) Action defining any criminal offense or providing for criminal punishment. (4) Action adopting any form of taxation beyond that authorized by law or by this Constitution. (5) Action extending the power of regulation over any business activity regulated by the Georgia Public Service Commission beyond that authorized by local or general law or by this Constitution. (6) Action affecting the exercise of the power of eminent domain. (7) Action affecting any court or the personnel thereof. (8) Action affecting any public school system.
Ga. Const. art. IX, sec. II, par. I(c) 131 Limits on Home Rule Powers of cities are provided by statute. O.C.G.A. § 36-35-6.
132 Population Bills
”No population bill, as the General Assembly shall define by general law, shall be passed. No bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal the general law defining a population bill.” Ga. Const. art. III, sec. VI, par. IV(b)
Practically any new population bill has been prohibited since 1997. Old population Acts can only be adjusted for census changes or be repealed. O.C.G.A. § 28-1-15
133 When drafting is completed, two originals (marked “01” and “02”) of bill are placed in member’s confidential file drawer in lobby of Legislative Counsel’s office
Only the member and persons specifically authorized by the member may pick up bills from the member’s file*****
Bill sponsor must sign the backs of 01 and 02 documents (may also have co-sponsors sign if desired)
Take both signed documents to Clerk’s Office or Secretary of Senate’s Office to file bill
Once bill is introduced, the content of bill becomes public information
However, all communications and background work product relating to such document remain confidential unless/until member waives the privilege
134 An email will be sent to your legislative email address when legislation is ready to be picked up. Do not enter the office upon your arrival for pickup. If we recognize you we will bring your documents to you at the door. If you arrive at the door without having made any arrangements and/or we don’t recognize you then call the office number (404) 656-5000 and let us know what you need.
Do not drop by or send your staff by to check on the status of your drafts. Any such inquiries should be handled through email, text, or phone.
Anyone who needs to enter the front office to execute affidavits for local bills or any such related matter will be asked to go to a designated area in our office to sign the documents, etc.
Anyone who enters the front office will be asked to wear a facemask to protect everyone from the risk of transmission.
135 136 Each draft of a bill, substitute, amendment, or resolution is uniquely identified by a numerical code on the upper right corner of the page, known as the “LC” or “AM” number, which generally consists of a three-segment alpha-numeric code.
For example, “LC 34 1035S”
“LC” indicates a bill or resolution
(“AM” in place of “LC “would indicate an amendment instead)
“34” is the numerical identifier of the drafting attorney
“1035” is the sequential number of the attorney’s drafts
(The “S” suffix in the third segment here indicates that this particular draft is a substitute to an existing bill) 137 138 139 140 Part of an attorney’s professional job is to render advice in an attempt to prevent problems from arising.
“An ounce of prevention is worth a pound of cure.”
That is why we strongly urge House members to read the House Ethics Booklet.
Also read the GGA Employee Handbook sections on Sexual Harassment and Discriminatory Harassment.
141 • Try to avoid mixing business and personal matters, emails, accounts, and electronic devices • Once litigation is initiated a “litigation hold” will be initiated and no data can be deleted, regardless of whether it is relevant to the litigation at hand • If you are notified of a “litigation hold” do not delete any emails or electronic data
142 143 Legislation Manual for Members and Officers of the General Assembly of Georgia
Rules of the House of Representatives
Ethics Booklet for House Members
Handbook for Georgia Legislators
Legislative Counsel Webpage
144 145 146