ACCG Legislative Update page 1 Final Legislative Update Volume # 3, Issue 14 – May 14, 2012 Each year, the Association County Commissioners of Georgia (ACCG) compiles a final Legislative Update to summarize legislation of importance to counties passed by the Georgia General Assembly and signed or vetoed by the Governor. This Legislative Update is designed to serve as your guide to legislation from the 2012 session of the Georgia General Assembly and includes a brief summary as well as effective dates for each bill and resolution. ACCG thanks county officials for their invaluable interest and involvement in the 2012 session. The county network is a vital component of the ACCG legislative team. By staying informed about progressing legislation and keeping in touch with your state legislators, Georgia counties can and do have a meaningful impact on the outcome of specific legislation. Guided by the 2011-2012 Amended County Platform, the ACCG legislative team had a successful year by addressing many priorities identified by county officials through the consensus building policy development process. The cycle continues this summer as county officials from throughout the state come together to formulate positions for the 2013 legislative session during Policy Committee meetings. ACCG encourages you to take time this summer to meet with your state legislators. Building relationships with your state-level counterparts will facilitate better communications when they are at the Capitol during the legislative session. Work with your cities and surrounding counties to coordinate a roundtable between state and local officials to discuss issues and share perspectives. The ACCG policy team stands ready to assist you in any way. Watch for the ACCG Capitol Connection electronic newsletter that will serve as your way to stay informed about the work of the policy staff and other legislative issues throughout the rest of the year. ACCG Legislative Update page 2 ECONOMIC DEVELOPMENT &TRANSPORTATION [Staff: Clint Mueller - Economic Development/Todd Edwards - Transportation] HB 817 DOT Annual Clean Up Bill HB 868 Job Tax Credits Designated by Tiers (Rep. Chad Nimmer, 178th) (Rep. Doug Collins, 27th) Effective July 1, 2012 - This is DOT's annual cleanup bill. Effective January 1, 2012 – This legislation is part of the Among other provisions it increases, from $100,000 to Governor's Competitive Initiative to make Georgia's tax $250,000, the amount that DOT is allowed to contract for incentives for new job creation more competitive with without having to go out to bid; allows posting a bid on other states. The bill expands eligibility and increases their website to satisfy the public bid requirement and benefits for job creation. suffice for having read the bid; and sets out conditions on when, and under what conditions, DOT can close or HB 897 Georgia Workforce Investment Board limit access to state highways. Additionally, counties (Rep. Michael Harden, 28th) will no longer be required to get the DOT Effective July 1, 2012–This bill repeals the Georgia Work Commissioner's permission to designate local truck Ready Program and greatly revises the rule-making routes so long as they notify DOT of said designation authority and overview of the Georgia Workforce within 90 days of doing so. Investment Board. HB 835 Increase Weight Limits for Tow Trucks SB 371Authorize Counties to Improve Airports with (Rep. Jay Roberts, 154th) CID Funds Effective July 1, 2012 - This bill allows for a 5-percent (Sen. Lindsey Tippins., 37th) weight variance for tow trucks carrying disabled, Effective July 1, 2012 - This bill authorizes cities and damaged or wrecked commercial vehicles within 100 counties to enter into cooperative agreements with miles of the initial emergency tow pick up location. Said Community Improvements Districts (CIDs) for the variance requires the purchase of a $500 annual permit improvement of airports and landing fields within the from the DOT. Tow trucks could not exceed a single axle CID. weight of 21,000 pounds, a load on any tandem axle exceeding 40,000 pounds, or a total load length exceeding 125 feet. GENERAL COUNTY GOVERNMENT [Staff: Todd Edwards and Jim Grubiak] HB 110 Local Government Foreclosed and Vacant HB 397 Open Meetings/Open Records Comprehensive Property Registry Rewrite (Rep. Mike Jacobs, 80th) (Rep. Jay Powell, 171st) Effective July 1, 2012 - HB 110 sets forth procedures to Effective April 17, 2012- HB 397 updates and re-organizes which a county or city must adhere in developing the open meetings and open records laws. While there registries for foreclosed and vacant real property. The are some significant substantive changes proposed in the intent of these registries is to identify responsible parties bill, many of the amendments clarify the requirements of that can be held accountable for properly maintaining existing law. The bill defines a meeting as the the properties so that surrounding neighborhoods are "gathering" of a quorum of a board of commissioners or not adversely affected. The bill defines foreclosed and a committee created by the board. E-mail messages vacant properties and imposes a cap on registration fees between commissioners will not be considered a at $100 per registration and fines for noncompliance at meeting. The bill also enhances the attorney-client no more than $1000. The bill also expressly allows local privilege relative to the open records act and revised the governments to require owners of the registered cost recovery provisions of the law by reducing the per properties to update contact information for properties copy fee for standard-sized paper from $.25/page to in the registry. $.10/page. However, counties can recover the actual cost ACCG Legislative Update page 3 of producing non-standard sized documents. To read limitation applies only to those covenants where the more see Appendix A. zoning ordinance, upon its initial enactment, expressly acknowledged the continuing application of the HB 683 Authorize Non-Attorneys to Answer covenant’s restrictions on uses of the lands subject to the Garnishment Procedures covenant. (Rep. Wendell Willard, 49th) Effective February 7, 2012 - HB 683 allows the county and HB 766 Authorize Counties to Display Foundation of other employers to designate someone other than an American Law attorney to file an answer to a garnishment filed against (Rep. Tommy Benton, 31st) an employee. This bill was introduced in response to a Effective July 1, 2012 - Current state statute authorizes recent court decision that said that using non-lawyers to counties to display the Foundations of American Law file an answer constitutes the illegal practice of law. The and Government in judicial buildings. HB 766 expands bill would also allow the designated person to pay into this statute to authorize said display in any public the court the funds required by the garnishment. building. Examples of the Foundations of American Law include the Ten Commandments, Mayflower Compact, HB 685 Responsible Dog Ownership Law Declaration of Independence, Magna Carta and Bill of (Rep. Gene Maddox, 172nd) Rights. Effective July 1, 2012 - HB 685 extensively revises provisions relating to dangerous and vicious dogs, HB 822 Georgia Taxpayer Protection False Claims Act defining both, and providing for liability to owners for (Rep. Edward Lindsey, 54th) injuries and damage (to persons or property) caused by Effective July 1, 2012 - HB 822 establishes a procedure in these dogs. equity that could be used whenever someone makes a false or fraudulent claim for payment from the state or a All counties and cities will have to designate an county or fails to deliver all or any property owed to the individual as a "dog control officer" to aid in the state or a county to the state or county. It allows the administration and enforcement of the act, with cities Attorney General to initiate an investigation or to and counties being able to partner and provide one delegate the investigation to the district attorney "or officer over multiple jurisdictions. The dog control other appropriate official of a local government." If the officer will receive complaints, make a determination Attorney General finds that a violation occurred, he may whether a dog is dangerous or vicious, notify owners of either initiate a civil action or give the local government said determination and will participate in a hearing the authority to initiate a civil action. Private citizens process if it occurs. They will also set out standards by may also initiate a proceeding on the county's behalf. A which such dogs can be impounded or euthanized, private person winning such a case may be awarded maintain a registry of such dogs, and ensure the between 25% and 35% of the proceeds of the action. The enforcement of other aspects of the law such as having civil penalty is between $5,000 and $11,000 plus three these dogs micro chipped and that vicious dogs carry times the amount of damages that the county sustains liability insurance of no less than $50,000. because of the fraud. This bill is similar to existing state Medicaid fraud law and brings the state law into The bill expressly allows local governments to charge compliance with federal Medicaid fraud law. any and all reasonable fees for administering the law; to be more restrictive in their regulations on dangerous SB 92 Comprehensive Update of State Elections Law and vicious dogs than prescribed by these minimum (Sen. Joshua McKoon, 29th) standards; and stipulates that local governments cannot Effective May 2, 2012 - SB 92 is the Secretary of State's be held liable for their failure to enforce any of these comprehensive elections bill much of which was provisions that result in a person suffering an injury by a developed in cooperation with local elections officials. dangerous or vicious dog. The bill makes numerous changes throughout the election code including changes to: nonpartisan HB 728 Clarifies Covenants Effect Created Prior to the elections; minimum number of members to county Adoption of Zoning Laws election or registration boards; pauper petitions; write-in (Rep.