Tag: legislative blog

There is a growing concern among law enforcement officials and citizens of Senate District 15 over the planned closing of the Georgia Bureau of Investigation Crime Laboratory in Columbus. Here are some valid arguments against this action, proposed to take place March 31:

There will be no budget savings gained by closing the Columbus Crime Lab. All the scientists and equipment will be transferred to another location.

The Columbus Crime Lab is one of the most cost effective labs in the state, sharing its facilities with a GBI Regional Office and thereby saving significant operational and utility expenses.

The lab provides forensic services to 19 counties in west central Georgia and firearm/ballistic services to another 27 counties in south Georgia, providing essential regional service to law enforcement agencies.

Closing the Columbus Crime Lab would have a severe negative effect on public safety in seven judicial circuits, hundreds of law enforcement agencies and more than 1 million citizens in 46 counties.

“What this means is that quick and speedy trials will be hindered due to not being able to have the evidence tested or processed in a timely manner for cases in which the forensic evidence is so crucial for the prosecution,” said Sumter County Sheriff Pete Smith. “The closing and relocation of this lab to Atlanta will create a great hardship on local law enforcement agencies that have utilized these services in the past.”

I will continue to work toward reversing this decision so that hopefully our public safety officials will continue to benefit from the services of the Columbus Crime Lab.

Due to the state’s budget crisis, our public school educators and other state employees have had to take unpaid furlough days as a cost-saving measure. Three additional furlough days between now and June 30 are proposed in Gov. Perdue’s budget recommendation.

Lt. Gov. Casey Cagle and House Speaker David Ralston have announced a plan for members of the Senate and House of Representatives to take additional furlough days, which would save the state an estimated $2.7 million.

I support this plan because as elected officials in the legislative branch of government we must lead by example. We are not and should not be excused from giving up part of our legislative salaries to help in the very difficult task of balancing this year’s budget.

By the end of fiscal year 2010, lawmakers will have taken 11 unpaid furlough days, including one day a month from August through December last year. Other state agences have each taken between three and 12 furlough days.

Budget Hearings: A series of Appropriations Committee hearings Jan. 19-21 began the legislative process for amending the state budget for the remainder of fiscal year 2010, which ends June 30, and the budget for fiscal year 2011, which begins July 1. Gov. Sonny Perdue released his budget recommendations, which propose reducing the current year’s budget from $18.6 billion to $17.4 billion to reflect severe declines in state revenue collections. The governor is also reintroducing his plan for a 1.6 percent tax increase on hospitals and other health care providers to partially make up for an estimated $506 million deficit in the Medicaid program. Lawmakers rejected the governor’s so-called “sick tax” last year out of concern the extra costs would be passed on to patients’ health care bills and/or force some already-struggling rural hospitals to close their doors. For the FY 2011 budget, the governor is forecasting a 4.2 percent increase in state revenues and proposing $901 million in additional state debt to pay for construction and other capital outlay projects. I am among the legislators and economic observers who are concerned that growth rate is unrealistically optimistic, with the state not expected to reach 2007 revenue levels again until 2014. If we instead planned on flat growth, it might prevent so many cuts and the need for deep budget adjustments next year.

Lost Revenue: Also during the budget hearings, state Revenue Commissioner Bart Graham admitted as much as 5 to 10 percent of sales tax proceeds is going uncollected. Just 5 percent of the sales tax revenue would amount to $250 million.

Jobless Rate Increases: Statewide, the unemployment rate jumped to 10.3 percent in December, matching the record high jobless level registered last July. The percentage of Georgians without jobs was significantly higher than the 7.5 percent recorded in December 2008, with the number of payroll jobs down by about 175,000.

Health Insurance Reform: The issue of healthcare reform has been at the top of the political agenda at the federal level for most of the past year. This week, legislation was introduced in the Georgia Senate that would provide consumers with some health insurance protections at the state level. SB 330 would prohibit insurers from imposing a cap on the amount of lifetime benefits a policy holder can receive and would prohibit insurers from canceling a policy because of a misstatement or omission by the policy holder in the original application, unless the misstatement directly relates to the illness that produced the claim. SB 331 would enable parents to keep their dependents on their health insurance plan up to age 25, even if the dependents are not full-time students, and would make it easier for small businesses to offer group health insurance to employees by allowing them to pool their resources with other businesses to lower the cost of coverage.

Racial Profiling Ban: I have co-sponsored SB 325, which would address the issue of racial profiling by requiring law enforcement officers to record the age, gender, race and ethnicity of every motorist they pull over. That data would be analyzed later to detect trends on whether racial profiling is occurring. The bill also provides for annual officer training. Sixteen other states currently prevent racial profiling of motorists and pedestrians.

The Georgia Department of Transportation has announced the following paving projects in Muscogee and Chattahoochee counties, with a completition date of December 31, 2010:

~ Gordy Mill Pond Road in Cusseta (0.38 miles)
~ Eight streets in Columbus (total 3.292 miles)
~ Reese Road in Columbus (1.71 miles)

The 2010 legislative session of the Georgia General Assembly got under way Jan. 11 with a cloud hanging over lawmakers’ heads in the form of a state budget deficit estimated at up to $4 billion. The No. 1 item on the agenda for this session is the difficult task of approving a budget for the remainder of this fiscal year as well as fiscal year 2011 that meets the needs of the people of Georgia in the current economic conditions.

The first round of legislative budget hearings will be held Jan. 19-21. Typically, the governor presents his budget proposal during the first week of the session to legislators. This year, Gov. Perdue instead gave a “State of the State” address Jan. 13 that included no preview of his budget recommendations.

Senate budget writers will receive recommendations for short and long-term budget solutions from members of a “task force” appointed by Lt. Gov. Casey Cagle. Comprised of corporate executives from companies including Georgia Power, Atlanta Gas Light and Blue Cross Blue Shield, the committee with work with the Senate Budget Office and provide advice to Senators, the lieutenant governor said.

State agencies, including our public schools, law enforcement and other vital service providers, have had their budgets cut to the bone over the past 18 months due to shortfalls in revenue. The state’s Medicaid shortfall for FY 2011 alone is estimated at $635 million. This year’s budget planning will also have to account for a lack of more than $1 billion in federal stimulus funding which enabled us to balance the budget last year.

Transportation Funding: For the past two years, the Senate and House of Representatives have failed to agree on legislation that would provide a sufficient funding source for badly needed transportation upgrades across the state. The lieutenant governor and House leaders said this week they have abandoned plans for a constitutional amendment for a statewide sales tax for transportation, which the House passed last year. The Senate’s proposed solution is a regional sales tax plan under which counties could band together to fund transportation improvements, if the voters in those counties approved the tax by referendum. The governor, meanwhile, said he would set aside $300 million in bond funds to pay for major transportation projects. He also said he wants to see a series of regional sales taxes for road projects placed on the ballot in 2012 instead of this November.

Health Insurance Reform: Some Senators are sponsoring a proposed constitutional amendment they claim would exempt Georgians from any federal health care reform legislation that requires citizens to obtain health insurance coverage. Also, Gov. Perdue has proposed legislation that would allow consumers to buy health insurance plans marketed by insurers in other states.

Gun Law Expansion: A Senate proposal would make it legal to carry guns in a wider variety of public places, including sporting events, political rallies, bars, K-12 schools, college campuses (except in dormitories) and non-secured portions of airports. The bill would also allow convicted criminals and mental patients to obtain a permit to carry a concealed weapon after certain time periods.

Water Issues: The governor reported “a renewed spirit of cooperation” among Georgia, Florida and Alabama in the three states’ ongoing water rights dispute. There has been a greater sense of urgency for Georgia since a federal judge’s ruling last July restricting metro Atlanta’s rights to use Lake Lanier as its main source of drinking water. Gov. Perdue said he is willing to call a special legislative session later in the year if an agreement cannot be reached during the regular session.

I have reintroduced legislation ( SB 114 and SB 137) that would facilitate the timely enrollment of children of military families when they move from state to state or school district to school district because of deployment or transfers.

The Interstate Compact on Educational Opportunity for Military Children would ensure that children are not disadvantaged in their opportunities for educational success or progress toward graduation because of frequent moves. Similar legislation that I introduced in 2008 passed overwhelmingly in both the Senate and House of Representatives but suffered a veto by the governor.

Hopefully this year, we can give the governor more information on what the bill does and does not do so that he will sign the legislation into law. By promoting this type of flexibility and cooperation, we will assist the military families who are sacrificing so much for us.

The bill will greatly assist the BRAC-inspired buildup of military families at Fort Benning, Fort Gordon and other Georgia installations. Some 7,000-10,000 new students are expected to impact school systems in the Columbus and Chattahoochee Valley area.

The Senate voted Feb. 11 to approve the Georgia Nuclear Energy Financing Act, which would allow Georgia Power to implement rate increases beginning in 2011 to cover $1.6 billion in construction costs for two nuclear reactors at Plant Vogtle.

Building the nuclear units will generate about 3,000 jobs and ultimately result in less expensive electricity for Georgia consumers.

An amendment to SB 31 authorizes the Georgia Public Service Commission to consider the funds raised for the new units in future ratemaking cases. SB 31 now goes to the House of Representatives for its consideration.

On Feb. 12, the Senate passed a proposed constitutional amendment that would restrict future midyear budget appropriations to education funding, additions to the state reserve fund or repayment of state debt. No other new spending would be allowed without two-thirds approval of the legislature.

SR 1 would apply when economic growth results in higher-than-expected revenues, which is certainly not the case this year, with the state facing a nearly $3 billion revenue shortfall. As a constitutional amendment, the proposal still needs two-thirds approval by the House of Representatives and majority approval by Georgia voters in the 2010 general election.

The Senate also voted 49-4 in favor of legislation that would enforce the state’s seat belt laws for pickup truck drivers and passengers. Pickup trucks are currently exempt from seat belt requirements, costing Georgia millions of dollars each year in federal highway funding. Under SB 5, which now goes to the House for its consideration, an exception would still be made for trucks while they are being used for agricultural pursuits.

In response to the case of the Peanut Corp. of America plant in Early County, the Senate has approved legislation that would require Georgia manufacturing plants to regularly test their products and report any findings of contamination. SB 80, which came out of the Senate Agriculture & Consumer Affairs Committee, is intended to raise a “red flag” if a manufacturer finds salmonella or another type of contamination in its food products.

Under the bill, the state Department of Agriculture would launch its investigation earlier in the process and the company would be required to keep records of the tests for two years.

The Senate’s action this week to table consideration of House Bill 218 is a sign that it does not currently have enough support to win approval.

Supporters of HB 218 say it is intended to improve Georgia’s competitive position in recruiting industries and more jobs to our state. But others believe its harmful side effect – that of denying the people of Georgia knowledge of what their government is doing and how their tax dollars are being used – outweighs the positive intentions of the legislation.

As approved in the House of Representatives, the bill would allow state economic developers as well as local governments and development authorities to negotiate deals with prospective businesses in secret, and keep the public out of the loop until the deal is practically completed. This bill would need to be amended, especially to protect citizens of counties without zoning, in order to be acceptable.

Georgia has succeeded under previous administrations in securing industry and jobs. I support business-friendly initiatives that make our state attractive to prospective employers, including good transportation, quality health care, solid educational opportunities and lower taxes.

These are the proven strategies for boosting economic development in our state, regardless of whether HB 218 is revived. We can continue to bring jobs to our communities without keeping the public in the dark as to tax incentives being offered or the type of industries being recruiting.

Smoking would be prohibited in most indoor public spaces in Georgia under legislation approved by the Senate on Wednesday. Supporters of the legislation point to evidence that second-hand smoke is a serious public health hazard and that non-smokers should not be subjected to its effects in their workplaces or while visiting other public facilities including restaurants.

A similar ban is already in effect in several Georgia cities and counties, and representatives of the restaurant industry have said they would prefer a consistent policy throughout the state. The measure was approved by a 44-7 vote and now goes to the House for its consideration.

My fellow Senate sponsors of the HEROES legislative package, which would provide enhanced financial and educational benefits for members of the Georgia National Guard on active duty in Iraq, and I continue to be concerned that none of this legislation has yet made it out of committee.

Many of us are dismayed that the Senate majority leadership has found time to pass legislation such as naming the green tree frog as our official state amphibian but has failed to move on legislation to show support to our National Guard members and their families.

We were told that at least one of the bills would move out of committee next week, but with no more than 15 legislative days remaining in this session, time is running short to get this package through both houses of the General Assembly.

Underage drinking continues to be a problem in our state. I have co-sponsored legislation that would address this issue. Under Senate Bill 205, the driver’s license of anyone under 21 years of age convicted of consuming an alcoholic beverage would be suspended for six months on the first offense and for one year on the second and subsequent offenses.

The legislation has been favorably reported by the Senate Public Safety and Homeland Security Committee and will be considered by the full Senate.

Despite substantial opposition, the Senate voted to approve Gov. Sonny Perdue’s proposal to delay reductions in public school class sizes for another two years. The bill, which now goes to the House for consideration, would allow schools to put off for two more years the class size reductions in grades 4-12 that are required by the state’s education reform program.

Smaller class sizes will allow students at all grade levels to learn more, and this important initiative should not be delayed any further. Hopefully, the House of Representatives will reject this legislation.

I am among many legislators concerned over the movement by the leadership in both the state Senate and the House of Representatives toward reopening the issue of redistricting for the third time in the last four years.

The reapportionment of legislative and congressional district lines is required once per decade to reflect population changes in the state. However, because of a lawsuit, Georgia’s 2001 redistricting plan was overturned last year, and new state House and Senate districts were drawn up.

Now, emboldened by their control over both houses of the legislature and the Governor’s Office, some Republican leaders are pushing to rearrange the state’s 13 congressional districts as well. This is an unneeded partisan exercise, reportedly being pushed only by Republican congressmen who wish to strengthen their position in their own districts and Republican state legislators who might have an eye on running for Congress in a newly redrawn district.

While lawmakers should be spending our time focusing on important state issues like education and health care, it appears we are going to have to divert our attention to redistricting to satisfy ambitious politicians who cannot wait until the next census to assume more power. The citizens of Georgia will, of course, be the pawns in the process, enduring more confusion over who represents them in Congress.

The Senate approved midyear changes to the fiscal year 2005 budget. The revisions differed from the supplemental budget passed earlier by the House of Representatives, and a conference committee was appointed to iron out differences in the two plans.

The Senate’s version includes an added $105 million to help local school systems handle increases in student enrollment and an extra $7.6 million to provide more instructional services in public schools. However, no provision was made for the $190 million in cutbacks made last year in education funding. The revised budget also reduces state spending in several health care and human services programs.

The major difference in the Senate’s version is the removal of more than $20 million in bond funding that House budget writers put in to finance construction projects at several universities and technical schools.

By a 38-15 vote, the Senate agreed to accept changes made by the House of Representatives to comprehensive legislation aimed at reducing medical malpractice insurance premiums in Georgia. Later in the week, Gov. Sonny Perdue signed the bill into law.

I supported the legislation in its final form My overriding concern is the impact that rising malpractice premiums have had on access to health care in the Columbus area and throughout Georgia.

The major changes the House made to Senate Bill 3 were raising the limit on non-economic damages in malpractice cases to $350,000 against a single provider or up to $1.05 million against multiple defendants and raising the legal standards for a lawsuit against emergency room health care providers. The bill also includes provisions that eliminate joint and several liability, strengthen the regulations involving expert witness testimony and promote the fair settlement of cases before they go to trial.

These reforms are intended to improve the legal climate in Georgia so that the malpractice insurance market will be more competitive, and premiums will be reduced. MAG Mutual, the largest malpractice insurer in Georgia, has already pledged to roll back its premiums by 10 percent if the Georgia Supreme Court upholds the new law.

I went to the well of the Senate this week to urge my colleagues to support legislation I co-sponsored that would provide meaningful support to members of the Georgia National Guard, more than 4,000 of whom are serving in Iraq.

The legislative package, known as Historic Economic Relief for Our Exceptional Soldiers (HEROES), would create a state fund to help military families pay their household bills, as well as provide a state tax exemption, college tuition grants and life insurance coverage for Guard members. Providing this support is the least the people of Georgia can do in return for the sacrifices these heroes and their families are making for our nation.

The Senate on Thursday rejected legislation that failed to protect state funds from being used for private school vouchers, fraudulent purposes or even terrorist activities.

A resolution calling for a constitutional amendment that would allow state government to provide funding for faith-based organizations that do charitable work fell three votes short of the 38 needed for two-thirds majority approval of the Senate. Senate Resolution 49, supported by Gov. Sonny Perdue, included no language protecting the funding from inappropriate uses or addressing constitutional church/state concerns.

Elements of the version of the legislation that I support (Senate Resolution 42), which features such protections, were offered as amendments to the measure under consideration Thursday. But a majority of senators, under intense lobbying pressure from the governor, voted down those amendments.

I see this as a missed opportunity for the Senate to assist the worthy programs that faith-based agencies conduct on behalf of people and communities in need. But no legislation at all is better than legislation that fails to ensure that taxpayer dollars are not siphoned off for inappropriate uses.

SR 42 earned the support of the Georgia Association of Educators, the Professional Association of Georgia Educators and the Georgia PTA because it would prohibit funds to be used for education programs in grades 1-12, thus prohibiting public-funded vouchers for private schools. The same education groups opposed SR 49 because of its failure to include such protections.

The governor and his supporters in the Senate insisted their bill was not about vouchers. What many other senators did not understand is, if this legislation is not about vouchers, why not include language that says that? We are concerned that another governor or other legislators in the future could use this legislation as a means of introducing vouchers.
The Senate can reconsider our vote on SR 49 when we return to session Monday. But I am hopeful we will ultimately adopt SR 42, which also stipulates:

— The charitable organization must be a separate entity from the place of worship.

— Audits of each organization would be required.

— Funds would be prohibited from going to organizations against the U.S. or the principles on which our nation was founded, including those that sanction terrorism.

— The charity would be required to follow nondiscrimination laws on race, gender and religion.

The Senate approved legislation I co-sponsored that would revise certain provisions relative to confining patients who are hospitalized for tuberculosis treatment. SB 56 would update state law regarding the public health dangers associated with active cases of tuberculosis and the confinement of patients with active cases.

Other legislation approved by the Senate this week includes SB 89, which deals with updating the definitions of controlled substances and would keep Georgia’s drug classifications up to date; SB 97, which provides that Juvenile Court Supervision fees that are already being collected may be used for truancy intervention services; SR 33, which approves the creation of the Gwinnett University Center; SB 92, which would allow employers to hire new workers under age 20 at a “training wage” of $4.25 an hour for up to 90 days; and SB 26, which would shield animal rendering plants from being sued for being a nuisance.

All of these measures go to the House of Representatives for further consideration.

The Senate failed by one vote Thursday to accept House changes to SB 3, dealing with medical malpractice liability, action which would have sent the legislation to the governor for his signature. If the Senate does not reconsider and accept the House version, a conference committee will be appointed to iron out the differences. Opponents of the legislation, which imposes an arbitrary cap on non-economic damages in cases of malpractice, would restrict citizens’ constitutional right of access to justice.