Special Edition:
Preparing for the Upcoming
2010 Legislative Session
There was abuzz about the Capitol this week as a few Committees held meetings to prepare for the upcoming 2010 Legislative Session.... Yes, it is upon us once again. While, Governor Perdue recognized the coming of his tenure as Governor, he urged State Agency heads to "finish strong," even through the dire financial times that the State is facing.
Lt. Governor Cagle spoke out this week blasting the Department of Revenue for spending $100,000 to mail out interest checks to individuals whom waited longer than 90 days to receive their State income tax return. He noted that the Department of Revenue's budget was cut less than others, and he criticized the Department for failing to do its core function within a timely manner.
Joint House and Senate Transportation Committee Meeting
On Tuesday, a joint meeting of the House and Senate Transportation Committees was held to provide an update on the Public Private Partnerships initiative, "P3", which the Department is pursuing in order to generate alternative financing mechanisms for transportation projects.
Georgia Department of Transportation Commissioner, Vance Smith addressed the Committee, emphasizing that as Commissioner he is looking forward to building relationships and partnerships in order to move transportation into the right direction. The Legislature must vote on the rules that the "P3" process must abide by. The benefits of this initiative will allow the State to track new capital funding and leverage funding, while bringing in private sector innovations. Also, "P3" would allow for the acceleration of projects; therefore holding the costs down.
The rules and guidelines that "P3" must follow will provide a framework for the bidding and funding process. The Department plans to bring a revised version of the rules to the Legislature in early January for a vote. At that point, the public will have had an opportunity to comment on the rules. Once the rules are approved, the Department will move them to the Request for Proposal, "RFP," process. The Board will have the authority to terminate any "P3" at any time.
Rep. Steve Davis (R-McDonough) proposed that the "P3" process should require a town hall meeting in the district where the project will take place. He also inquired as to whether or not the issue of unsolicited bids could be addressed in these rules. Commissioner Smith informed him that SB 200, which passed the Legislature in the 2009 Session and was signed into law by the Governor, provided regulations on unsolicited bids and proposals.
Rep. Kevin Levitas (D-Atlanta) suggested that all public hearings open to public comment must have a quorum of Board members present. He also pointed out that in the outline of "P3," there was nothing specifically stated about mass transit. Rep. Levitas inquired of Commissioner Smith about MARTA as it is not viable in its current structure and whether a "P3" could take over rail. Commissioner Smith stated that everything should be on the table, and the Department is open to suggestions.
The Department of Juvenile Justice October Board Meeting
The Department of Juvenile Justice held its monthly Board meeting yesterday at the Department's Central Office.
Department of Juvenile Justice Commissioner Albert Murray gave his report of the state of the Department to the Board. Presently, the Department is busy with the transitioning of youths from the Bill Ireland Facility in Milledgeville to the Savannah River Challenge, now housing 99 youths. Between August 15th and October 19th, 290 youth were transferred from Bill Ireland YDC to other YDCs, RYDCs, or in the community with all finding placements.
The "Reduction in Force" process began last week. Employees will receive a six-day notice of all jobs being eliminated. The Department also received a residential substance abuse treatment grant of $2 million, which will allow the Department to continue to provide intensive residential treatment programs for 114 youths housed in YDC programs in Eastman and Sumter YDCs.
The Department has been successful with its community service and intervention program, by lowering the number of females in the Department's facilities. Low-risk females are not occupying beds. Female detention centers statewide are only at fifty percent capacity, while male facilities remain over capacity. The Department's goal is to redirect the community service and intervention program to target low-risk males as well.
Commissioner Murray also informed the Board that the budget reduction plan will include a full cut to the juvenile apprehension program.
Dr. Jack Catrett, Associate Superintendent of the Office of Education, provided an education update for the Board, highlighting that the school is going very well presently. So far, the movement of the youth from Bill Ireland has not interrupted any classrooms or shifted the focus from teaching. Dr. Coles continues to make her visits to the RYDCs to perform school checks. Additionally, the curriculum department is in the process of reviewing books for language arts and a manual of all educational procedures used by the Department has been complied and is being distributed among principles and lead teachers. Dr. Catrett emphasized that this was a milestone because, for once, all procedures would be in one concise place.
Over the summer, 41 percent of the eleventh grade students that took the Georgia High School Graduation Test passed. In November, the Department will administer another round of the High School Graduation Test.
The next meeting of the Department of Juvenile Justice Board will be held on December 10, 2009 at 10 a.m. at the Department's central office.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.