By: Randy Evans
On Jan. 14, the 152nd Session of the Georgia General Assembly will convene in Atlanta. In many respects, the General Assembly will look the same with Republicans Gov. Nathan Deal, Lt. Gov. Casey Cagle, House Speaker David Ralston and Speaker Pro Tem Jan Jones all serving as constants from the 151st Session. Indeed, Republicans have increased their margins in the Georgia House of Representatives (within one vote of a supermajority) and the Georgia Senate (with a supermajority). The most significant change is in the Georgia Senate, where most everything is different. The Georgia Senate has a new president pro tem (Sen. David Shafer), majority leader(Sen. Ronnie Chance), and many new committee chairs. In addition, the balance of power has tilted back in favor of Lt. Gov. Cagle.
The budget
Like years past, the most significant and pressing issue for the General Assembly will be Georgia’s budget. From the implications of the Affordable Care Act to the continuing challenges from a sluggish economy, Georgia’s budget will be a real challenge. Unlike the federal budget, Georgia’s budget must be a balanced budget.
Huge unfunded mandates along with lackluster revenues make the 2013 budget an even greater challenge. Early on, Gov. Deal warned legislators that there would be no money for any new initiatives. Now, the challenge is to pay for what is already on the books while trimming spending wherever possible. While everyone agrees on the objective, there will undoubtedly be a few disagreements about how to achieve the objectives along the way.
Juvenile justice reform
Last year, Gov. Deal tackled the complicated and expensive issue of criminal justice reform. He relied heavily on the Special Council on Criminal Justice Reform for Georgians. Ultimately, most of the 2011 proposals from the Criminal Justice Reform Council were adopted by the legislature. Over time, these proposals will save Georgiansbillions of dollars.
Building on this success, Gov. Deal again turned to the Criminal Justice Reform Council. Under the leadership of Council Chair (and Court of Appeals Judge) Mike Boggs, the Council focused on improvements to the system.
In the fiscal year 2013 budget, Georgia’s Department of Juvenile Justice received$300 million. Yet, since 2003, “more than half of the youth in the juvenile justice system are re-adjudicated delinquent or convicted of a criminal offense within three years of release.” With a series of detailed recommendations, the Report of the Special Council on Criminal Justice Reform for Georgians, December 2012, offers changes aimed at “less crime at lower cost to taxpayers.” The projected savings for Georgia taxpayers is more than $88 million. Like 2012, expect significant action by the 2013 General Assembly on the Council’s recommendations.
Ethics reform
Legislative leaders appear to have reached a consensus that the time has come for more ethics reform. The most significant target will be unlimited gifts by lobbyists to legislators ranging from sporting event tickets to foreign travel. Sen. Josh McKoon took the early lead on pressing ethics reform, including a gift ban. Unfortunately, his initial bill creating an off-budget mandatory funding for the ethics commission lacked credibility and undercut somewhat his standing among legislators on the issue.
In the end, Georgians can nonetheless expect some form of ethics reform to make its way to Gov. Deal’s desk. Unfortunately, legislating ethics is tricky business. The challenge will be to pass legislation that enhances the standards of conduct for public servants without creating a minefield of technicalities that only lawyers understand.
At the heart of any meaningful ethics reform will be transparency. The more reporting — especially using the Internet — the more likely that public servants will be held accountable for misconduct.
Tort reform
While unlikely to be called “tort reform,” there will be some measures aimed at addressing some anomalies created by Georgia’s Supreme Court. Last year, the General Assembly, along with Georgia voters, reversed the Georgia Supreme Court’s decision striking down state chartered schools. This year, the legislature will consider addressing at least one other issue triggered by Georgia’s highest court. The court ruled legal a common practice among plaintiffs’ trial lawyers to game the system with what are called “Holt demands.” Basically, these are demands for money with a time limit. If someone that is sued says anything other than “we agree,” then the plaintiffs’ trial lawyers want even more money. While seemingly discrete, this is a major issue for Georgia businesses and one which legislators may have difficulty avoiding.
Other housekeeping
There will be a host of other issues that require “cleanup.” Some involve election laws. Others arise out of the Affordable Care Act. Most will be technical in nature.
Fortunately for Georgians, there is no fiscal cliff looming on the horizon. On the other hand, Georgia’s General Assembly does have its work cut out for it. Between the budget and juvenile justice reform, Georgia will take another step forward in 2013.