Legislative Update Number 2008.08 -- February 29, 2008

‘English-only’ fails as constitutional amendment

By Rep. Pat Gardner

A legislative effort to amend the state Constitution and make English the official language of Georgia failed Tuesday in the House of Representatives. A simple majority of 103-61 voted in favor of HR 413, but 120 votes were needed for passage of the amendment.

Opponents of the measure said it was unnecessary because the General Assembly had already passed a law, in 2002, naming English as the official language in our state. HR 413 would have limited the use of languages other than English to only specific purposes and required all driver’s license exams to be in English only.

While this is an apparent attempt to crack down on illegal immigration, the driver’s license provision would have an impact on many legal immigrants as well and affected their ability to hold down a job. HR 413 could very well have had a negative impact on employment in Georgia and increased the welfare rolls. The bill was not consistent with the values of this state.

Immigration opponents were successful Thursday in adopting HB 978, by a 104-51 vote. This measure states that any motor vehicle being driven by an illegal immigrant when they are pulled over for a traffic stop or violation or involved in an accident can be seized under Georgia’s forfeiture laws.

Many lawmakers were concerned that employers could lose their company or farm vehicles if they allowed them to be driven by someone they did not know was an illegal immigrant. Law enforcement’s ability to check immigration status was also a concern. The bill now goes to the Senate for its consideration.

The House Republican tax plan, covered in HR 1246 and HB 979, is coming under increased scrutiny every day.

On Thursday, House Democrats came out strongly against the 175 new sales and use taxes that would be added under the plan to offset the elimination of the school portion of residential property taxes and the ad valorem tax on vehicles.

The Republican tax plan would reinstate the state sales tax on groceries and would add a 4 percent sales tax on 175 goods and services not presently taxed, including haircuts, auto parts, ATM fees, home improvements, legal and accounting services and many others.

Support for the plan continues to erode as the proposal has been exposed as a tax shift, rather than true tax relief.

Legislation I introduced to provide for a psychiatric advance directive is under consideration by the House Judiciary Committee. HB 343 would provide a means for a competent adult to control, either by written instructions or the appointment of an agent, to make future mental health care decisions.

The House Retirement Committee has favorably reported legislation I introduced, which would create a Joint Public Retirement System COLA Study Committee. Under HR 1271, the committee would study the issue of cost of living adjustments in the state retirement system and recommend any necessary or appropriate legislation. The measure is now due for a vote on the House floor.

House members approved another recommendation from the joint House-Senate Transportation Funding Study Committee. HB 1124 would allow the selection of design-build contracts with the Department of Transportation.

These contracts combine engineer and contracting work together, which has proven to increase efficiency and speed up the completion time of road construction and improvement projects.

The measure also would require, beginning in fiscal year 2010, the DOT to use the design-build procedure to award at least 5 percent of the monetary value of all its construction contracts. HB 1124 now goes to the Senate for its consideration.

In a less significant transportation measure, the House adopted HB 1019, which would charter the Georgia Infrastructure Bank to assist financing qualified road projects for communities. Local governments would borrow from the bank at a reduced rate for infrastructure improvements to be completed.

Federal funds could be maximized easier under the legislation, also helping speed up projects that have been stalled. Although the state is facing a transportation funding shortfall in the billions of dollars, the governor has proposed only $50 million for the Georgia Infrastructure Bank.

Other legislation approved by the House and sent to the Senate this week included:

HB 455, which would require pharmacists to give the state detailed records about customers for whom they fill prescriptions for narcotics and controlled substances.

HB 1091, which would crack down on non-Georgia residents receiving the HOPE Scholarship.

HB 1113, which would set rules, regulations and guidelines for state purchasing cards.

• Rep. Pat Gardner (D-Atlanta) represents the 57th District (Atlanta and DeKalb County) in the Georgia House of Representatives. Contact her at 604 Coverdell Office Building, Atlanta, GA  30334; by phone at 404-656-0265 or by e-mail at pat@patgardner.org.