 |
 |
 |
 |
 |
||||||
GEORGIA HOUSE OF REPRESENTATIVES
PUBLIC INFORMATION OFFICE
ROOM 505, LOB 30334
404-656-5082 1-800-282-5800
Daily Report Number 25
February 25, 2004
Back to PIO
Today marked the third day in a row in which House lawmakers took up
legislation designed to provide for the safety and well being of Georgia’s
children. HB 1299 is unique, however, because it deals with a segment
of Georgia’s juvenile population which are most at risk of falling
through societies cracks. Experts in juvenile criminology testify that
a child’s first contact with law enforcement authorities can
often be a kind of crossroads. If the child is evaluated properly,
and receives appropriate, timely action and services, they often go
on to become productive citizens. However, children who fall through
the cracks, and spend unwarranted time in detention facilities without
receiving the proper support services often become repeat offenders.
With an eye toward this reality, lawmakers wrote HB 1299 which sets forth some guidelines for dealing with juvenile offenders in Georgia. First, to ensure those district attorneys who prosecute juvenile cases are knowledgeable on the unique circumstances involved in juvenile delinquency, the proposal would require these prosecuting attorneys to undergo annual training on the subject. Secondly, in an attempt to prevent juveniles in state custody from falling through administrative cracks, the bill upgrades reporting requirements for juvenile detainees. The legislation would require any official operating a facility which is detaining a juvenile to provide a weekly report on all juveniles in their facility. The report would be sent to the local chief juvenile judge, and would include information like the child’s name, age, offense, and current length of detention. This would allow judges to review the information, and notify the department, or local authorities if a child is not receiving the proper attention in a timely manner. Finally, HB 1299 sets a 180-day limit on the amount of time a local prosecuting attorney has to determine whether a child will be indicted as an adult. Prosecuting attorneys may show good cause and apply for a 90-day extension, but if the grand jury does not hand down an indictment by day 270, the child will immediately be transferred to the jurisdiction of the local juvenile court.
As the bill’s authors pointed out, nothing is so tragic as a child
who could have been saved. HB 1299 therefore passed by a vote of 163-0.
Since the legislation was passed in 1997 to deregulate Georgia’s
natural gas industry, the issue of deregulation has reappeared each year
on lawmakers’ radar screens. The cold winter and natural gas price
spike of 1999 led many to clamor for re-regulation of the industry. Each
year since its inception Georgia lawmakers have revisited the issue;
making necessary changes in an attempt to find the correct balance between
allowing for a free market approach and providing adequate consumer protections
so citizens don’t find themselves without access to an essential
public utility.
This year brings HB 1430, dealing with bill payment deadlines for natural gas marketers. The legislation mandates that marketers give consumers at least 20 days from the day the marketer mails or electronically posts the bill before the bill comes due. Furthermore, HB 1430 would require that marketers allow for an eight-day grace period, after the bill’s due date, in which a consumer may pay his or her bill without being subject to late fees.
A number of members opposed to the change. They noted that most natural gas marketers already have a grace period, and said that people who are unsatisfied with their billing turnaround time or grace period are free to switch marketers. They discouraged members from tampering with the free market system.
Supporters countered that the marketers asked for, and were given, an eight-day cushion between the date the meter is read and the day the bill is mailed. They suggested HB 1430 merely extends the same courtesy to Georgia’s consumers. The measure passed by a vote of 101-53, and was sent to the Senate for consideration.
The House passed two more items dealing with public utilities today. HB 1352 seeks to reign in local governments who ignore digging safety standards, and destroy underground public utility lines. A few years ago, the Georgia General Assembly passed legislation which allowed the Public Service Commission (PSC) to levy fines, and issue other punishments for citizens or private companies who fail to call public utility companies before they dig near underground utility lines. The call requirement gives the utility 24 hours to mark the path for their underground lines to prevent destruction and service interruption during the project. Violators of the “Call Before You Dig” law could see fines as high as $10,000.
The original bill also provided an exemption for all cities, counties, and local government authorities. However, the authors of HB 1352 said this exemption has caused a problem where some local governments were undertaking digs without the proper precautions, and causing a number of unnecessary public utility interruptions. Aside from being costly, these incidents can also prove very dangerous. The proposal’s sponsor quoted figures from the PSC which documented at least 30 cases where natural gas lines were severed due to the negligence of local government agents; in one such case a nearby house actually exploded.
HB 1352 would remove local government exemptions from PSC fines and punishments unless the offense occurred during an emergency excavation. Realizing that many of Georgia’s smaller cities and counties are in no financial position to pay heavy fines, the legislation would not allow the PSC to begin charging fines until January of 2005. Until then the PSC, in conjunction with representatives from city and county governments across the state, will work to establish a set of punishment guidelines for local government violators. According to the plan, these guidelines will take into account a local government’s size, ability to pay, and the severity of the incident. Furthermore, first time violators with less serious offenses could have the option of submitting to safety training instead of fines.
Despite the emergency clause, and the sliding scale of the new fines, some members worried the new bill could wind up costing county and city governments money, and effectively stifle local development and construction projects. Supporters noted, however, that aside from being a safety issue, the negligent destruction of underground utility lines often results in higher utility costs being born by the local consumer. HB 1352 therefore passed by a vote of 137-25.
The other bill dealing with utilities seeks to implement some guidelines for those who would actually do the digging for new utility lines. Currently, state law allows the State Construction Industry Licensing Board to issue a license for qualified utility contractors to operate within this state. HB 1300, which members approved by a vote of 149-16, takes this licensing requirement a step further. It would give the board the power to assess civil penalties of up to $10,000 upon persons who violate the board’s designated rules and regulations governing utility contractors. Additionally, the plan would make it unlawful to contract with an unlicenced utility contractor. The new language would allow the board to order cease and desist orders for unlicenced utility contractors, and levy fines of up to $5,000 per violation of such orders. Finally, in the interest of safety, the authors of HB 1300 installed language mandating that anyone wishing to receive or maintain a utility contractor’s license undergo biennial safety training.
Other items receiving passage by the House today include:
- HB 834 (159-1)– would allow persons who own an automobile
which is primarily stationed in another county to register the
car in the county where the car is chiefly operated.
- HB 838 (156-0)– seeks to allow persons who are members of
the state Employees Retirement System (ERS), and have previous
service as a legal assistant for a state judicial circuit, to
purchase up to four years of credible service toward their retirement
benefits plan.
- HB 1034 (165-0)– also deals with ERS, and would increase the disability
benefits calculation to account for the member’s highest average
monthly salary during any two consecutive years of state employment.
- HB 1228 (154-4)– would allow a local election supervisor to use
a gated community as a precinct boundary. The gated community could constitute
either part, or all of a precinct, and could be used as a precinct voting location.
However, the community would have to be totally open to the public on election
day, and any subsequent days as required by the state Elections Division to allow
for the unimpeded enforcement of the state’s election laws.
- HB 1459 (155-0)– seeks to reinstate the collection fee paid to
distributors as compensation for any expenses incurred while collecting funds
on the state’s behalf for the sales and use tax on motor fuels.
Georgia House of Representatives
Public Information Office
--------------------------------------------------------------------------------