WEEKLY LEGISLATIVE REPORT – May 9, 2007

Governor signs off on midyear supplemental budget

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.

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 not signed 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:

Local Legislation. HB 553, which I sponsored, provides for eligibility for office, election, and terms of members of the Augusta-Richmond County Commission. HB 554, which I also sponsored, provides for the election and terms of the marshal of the Civil Court of Richmond County.

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.

Tax Exemption. HB 282 is bipartisan legislation, which I co-sponsored, to provide for an exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft.

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 would establish 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.

Private Cities. SB 200 and SR 309 give developers the power to build planned communities with tax-exempt bonds without the authority to "tax" homeowners.

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.

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:

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.

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.

Senior tax cut. HB 195, which would eliminate the state income tax on all retirement income, failed to make it out of committee.

Seat belts in trucks. SB 86 would close the exemption in Georgia's seat belt laws for occupants of pickup trucks. The measure was approved by the Senate but stalled in a House committee.