2007 LEGISLATIVE WRAP-UP – May 2007

Governor signs off on mid-year supplemental budget

By Rep. Pat Gardner

The 2007 session of the Georgia General Assembly ended April 20 in an atmosphere of controversy as the House of Representatives voted to override the Governor's veto of the midyear supplemental budget for the current fiscal year. The Senate took no action on the matter, and the Governor announced he would call a special session of the legislature to deal with the stalemate.

But on May 8, the governor reversed his position and signed the midyear supplemental budget into law and vetoed only the $142 million property tax cut line item. The supplemental budget provides essential funding for Georgia's PeachCare for Kids program and our public defender system operating, as well as additional education funding to cover increased enrollment in our public schools.

On the final day of the session, the House and Senate also approved HB 95, a record $20.2 billion annual state budget for fiscal year 2008, which begins July 1. The budget includes $1.6 billion in new spending, including a 3 percent raise for educators and state employees and about $1 billion in new construction.

The Governor has yet to sign HB 95.

During the regular session, which lasted more than three months, lawmakers gave final approval to legislation addressing a number of major issues, including:

HOPE Grant. HB 243, which I co-sponsored, provides that enrollment in postsecondary courses at a branch of the Georgia Department of Technical and Adult Education will not count against the hourly caps for HOPE grants.

Sales Tax Holiday. HB 128 continues the sales tax holiday for clothes and school supplies on August 2-5 and another tax holiday for energy-saving products for October 4-7.

Stem Cell Research. SB 148 requires all state hospitals by June 30, 2009, to inform pregnant women that they can donate placenta, umbilical cords and amniotic fluid to either public or private banks for medical research. Georgians who contribute to stem cell research would be eligible for a state tax break.

The bill also establishes a 15-member state commission that would oversee a system of umbilical cord blood banks and seek grants for nondestructive stem cell research.

Presidential Primary. HB 487 changes the date of Georgia's 2008 presidential primary to Tuesday, February 5 and leaves the threshold for avoiding runoffs at 50 percent.

Ultrasound Requirement. HB 147 requires in all cases in which a pregnant woman is seeking an abortion, a medical provider must offer her a chance to view the fetal image and hear the fetal heart before the pregnancy is terminated.

HIV Testing for Pregnant Women. HB 429 requires doctors to offer HIV tests to pregnant women and refer those infected with the disease to counseling and medical services.

Private Cities. SB 200 and SR 309 give voters the right to transfer to developers the power to build the infrastructure for their planned communities with tax-exempt bonds without the authority to "tax" homeowners, though they may leave the communities with significant assessment requirements.

Immigration. SB 23 allows judges and parole board members to consider a person's immigration status before determining bail, handing down a sentence, or deciding on probation. SB 100 increases penalties for manufacturing, selling, or distributing fake identification cards to three to ten years in prison.

Charter School Districts. SB 39, The Charter System Act, allows entire schools districts to apply for charter status. Charter schools are allowed to ignore many state and local rules in order to be flexible. In exchange, they have to meet performance standards.

School Vouchers. SB 10 allows parents to use state money to send their special needs children to private schools.

Robert Clark Compensation. HR 102 will pay Robert Clark $1.2 million for the 24 years in prison he served for a crime he did not commit. His release stemmed from DNA evidence proving his innocence.

DNA Database. HB 314 requires certain felony probationers to submit DNA swabs for entry into state database used to solve crimes.

Jekyll Island. HB 214 extends the lease of the Jekyll Island's governing body and, possibly, its residents for an additional 40 years.

The legislation includes provisions to prevent the arbitrary sale of any land, establish an important oversight committee, and protect the South end of the island so that untold generations can enjoy the pristine natural resource.

Alternative Fuel. SB 157 requires the Department of Community Affairs to establish a grant program to fund E-85 projects. The program would specifically convert storage areas for gasoline into storage areas for E-85. E-85 is fuel that is 85% ethanol. The intent of SB 157 is to spark consumer interest in using alternative fuels.

The General Assembly addressed many other issues, but without reaching final agreement on the legislation. Many of the following proposals will resurface for consideration during the 2008 session:

Firearms in automobiles. The House passed HB 89, which would allow motorists to conceal weapons anywhere in their vehicle, for easier access than current law, requiring they be in locked glove compartments, allows. The measure stalled in the Senate when it was amended with provisions of SB 43, which would ban business owners from prohibiting their employees from keeping guns in vehicles parked on company property.

Death penalty changes. HB 185, approved in the House, would require only a minimum of 10 out of 12 jurors to recommend the death sentence as opposed to current law which requires a unanimous vote. The bill was defeated in the Senate Judiciary Committee.

Sunday alcohol sales. SB 37, which would have allowed citizens to vote on Sunday package sales of beer, wine and distilled spirits, was approved in committee but did not reach the Senate floor for a vote.

Payday lending. HB 163, which would have repealed Georgia's 2004 law shutting down the payday loan industry, was defeated in the House after considerable debate.

Slavery Apology Resolution. After Senate leaders and House members could not agree on language on a resolution, members of the Georgia Legislative Black Caucus introduced HR 1011 in the final hours of the legislative session. The resolution calls for the acknowledgment of Georgia's role in slavery and Jim Crow segregation and urges reconciliation.