2006 LEGISLATIVE WRAP-UP – April 17, 2006
Review of legislative action from 2006 session
By Rep. Pat Gardner
Throughout the recently completed 2006 session of the Georgia General Assembly, it seemed there was a constant competition between good public policy and election-year politics as the major legislative issues were being debated. Fortunately, policy won out over politics most of the time. Here is a review of the major legislative action from this year’s session:
Eminent domain. Lawmakers adopted legislation that answers a U.S. Supreme Court ruling that upheld a Connecticut town’s ordinance authorizing the seizure of private property in the name of economic development. HB 1313 would rule out eminent domain for that purpose or a means of creating more tax revenue. The bill would also strengthen due process rights of property owners and requires government to prove the proposed land seizure serves a narrow public purpose. To head off any future legislative attempts to expand eminent domain – such as SB 5, which was pushed last year by the Republican leadership – we also approved a companion constitutional amendment, HR 1306, aimed reining in far-reaching condemnation powers of local government.
Keeping politics out of HOPE. House Democrats were able to defeat a pair of misleading initiatives proposed by Governor Perdue. One of these, HR 1045, would have amended the Constitution to limit lottery revenue exclusively to Pre-Kindergarten programs and HOPE Scholarships. A 1998 amendment to the Constitution already commits lottery funds to HOPE Scholarships, Pre-K, and the reserve fund and when available classroom technology and capital outlay. But, Perdue’s proposal would have eliminated the possibility of funding the latter two, which only receive funds provided there is surplus revenue.
PeachCare for All Kids. Healthcare analysts indicate that more than 300,000 of Georgia’s children are currently uninsured. I introduced House Bill 1464, which would make healthcare available to all these children. The “Peach Care for All Children Act” is a bipartisan effort that would authorize the Department of Community Health to draw additional federal dollars through Medicaid and the current State Children’s Health Insurance Program (S-CHIP or PeachCare), would use the buying power of government in negotiating reasonable premiums with insurance carriers for any child who is not insured through the parent’s employer, regardless of income level. Besides being a great investment in our state’s future, HB 1464 symbolizes an attempt to reconcile the neglect of a demographic in long need of a break: Georgia’s working families. The Chairman of the House Health Appropriations Subcommittee, Jeff Brown, was one of the signers of HB 1464 along with 30 other Democrats and Republicans. Some interesting fact-finding over the summer should help this policy get the attention it needs.
Protecting against vouchers. Democrats shot down another proposed amendment, which could have led to public school dollars being funneled to private schools in the form of vouchers. HR 1345 was billed as a necessary measure to allow the state to provide funding for faith-based organizations that provide social services. Most people acknowledge that faith-based groups have been integral to providing many programs for young people, seniors, the homeless and needy in communities across Georgia. Had the Governor agreed to have the legislation amended to protect against vouchers, it would have passes overwhelmingly. His refusal, and that of his supporters, doomed the proposal.
Annual state budget. The $18.6 billion budget for fiscal year 2007 includes a 7 percent pay raise for state Public Safety officers, including State Troopers, and a 4 percent pay raise for public school educators, as well as raises of 2 to 4 percent for other state employees. The measure also includes funding to provide home-based care for more seniors and disabled Georgians.
Voter ID changes. A majority of legislators approved changes to the voter identification law that was passed in 2005 but was rejected by a federal court judge on constitutional grounds. These changes were aimed at weathering future legal challenges. In doing so, the bill’s language now provides free photo IDs for voters who otherwise wouldn’t have the means to obtain one. It also requires total accessibility to each and every voter in all of Georgia’s 159 counties. I remain opposed to this measure – the most restrictive in the nation – because it still places an undue burden on citizens, including many seniors, to exercise their constitutional right.
School spending mandate. Despite widespread opposition and the fact that 63 percent is already being spent on classroom instruction, the legislature’s leadership, at the governor’s behest, ushered passage of SB 390, which will require local systems to spend 65 percent of their budgets on Governor Perdue’s definition of “in-classroom activities.” And it’s the parameters of that definition, which raises nagging concerns because it fails to address the funding of libraries, modern technology, and requisite teacher training. I voted against this legislation because local school boards have a better idea of their students’ needs than a one-size-fits-all mandate such as this proposal. Moreover, many school systems, which have already faced the consequences of more than $1 billion in state funding cuts over the past three years, would have to consider raising property taxes in order to adhere to this mandate from Atlanta while continuing to, for example, keep school buses running.
Medicaid estate recovery. The General Assembly agreed on two steps that would curtail the Perdue administration’s plan to seize the estates of nursing home patients as a means of recovering Medicaid benefits. The legislation receiving final approval includes a provision raising the exemption level to estates valued at $100,000 (up from $25,000) and a Senate-inspired proposal applying the program only to those who go on Medicaid after May 1, so as not to retroactively impact existing nursing home patients.
Sex offender penalties. The House and Senate worked out a final compromise on legislation aimed at keeping dangerous sex offenders behind bars. HB 1059, now awaiting the governor’s signature, would mandate that sex offenders who receive life sentences serve at least 25 years in prison before becoming eligible for parole (up from the current 14 years), followed by permanent electronic monitoring..
Illegal immigration. Provisions of SB 529 require that persons applying for government services must provide documentation proving they are legal residents of Georgia, employers working on government projects must verify the legal status of their new employees, contractors employing immigrants who do not have a taxpayer identification number must withhold 6 percent state income tax for their 1099 tax forms and employers who hire illegal residents cannot claim the wages paid to these employees as a tax deduction.
Stream buffers. The House of Representatives soundly defeated legislation that would have erased the progress that has been made to protect our water resources, not to mention undermining local governments’ control over their own water policies. SB 510 would have allowed a house to be built within the 150-foot buffer around streams that cascade into drinking water reservoirs. Of even greater concern was the fact that the bill would have invited septic tanks into this once-protected zone. I joined a vast majority of House members in flushing SB 510 down the legislative drain, by a vote of 30 to 139.
Nurses writing prescriptions. Advanced practice registered nurses will have greater responsibilities under legislation agreed upon by the House and Senate. These nurses are educated and trained to evaluate patients, order tests and lab work and discuss disease management and prevention. But until this year, advanced practice registered nurses, who are allowed to phone in prescriptions to pharmacies, will be given written discretion as well. Georgia is the last state to grant this measure. In exchange for that privilege, a compromise bill that cleared the Legislature includes a series of provisions sought by doctors that will add greater clarity to the relationship between nurses and physicians than current law. I supported this bill in all the various versions.
- Rep. Pat Gardner represents the 57th District (Atlanta and part of DeKalb) 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.
