LEGISLATIVE REPORT
Supplemental budget pulled for reconsideration
By REP. CHARLES F. JENKINS

Charles Jenkins

The state's supplemental budget for the remainder of fiscal year 2007 was adopted by the House of Representatives on March 20, but there

was a motion later in

the evening to reconsider, so the House Bill 94 remains in the House pending resolution of a conflict with the Senate leadership.

As adopted, House Bill 94 earmarks $194 million for a 2.65 percent jump in K-12 school enrollment. Addressing the federal funding shortfall in the popular PeachCare for Kids Program, which now provides over 273,000 children with health insurance, HB 94 contains $81 million for the program to keep it up and running giving Congress time to pay their portion and reimburse the state.

In other budget-related legislation, I have co-sponsored House Resolution 605. This proposed constitutional amendment would prohibit the state government from imposing unfunded mandates on local governments unless approved by a two-thirds majority of both the House and Senate.

By a vote of 106-65, House members approved HB 185, which gives a judge the option to apply the death penalty if at least 10 out of 12 jurors in capital cases vote for that recommendation. I voted in favor of this legislation to ensure that our courts can impose the death penalty, when appropriate and when there is no doubt about guilt, even when one or two hold-out jurors refuse to make that recommendation.

HB 77, which passed by a vote of 110-60, would require counties and municipalities to conduct a traffic study prior to utilizing red-light cameras in law enforcement. It also requires that 75 percent of the money collected as the result of the devices, after cost incurred for operation has been taken out, to be used to fund a trauma care system in Georgia.

Other legislation approved by the House this week includes:

HB 487, which would change the date of Georgia's presidential primary from March 3 to February 5, 2008. It also would reduce the requirement to win an election and avoid a runoff from the true majority to a plurality of 45 percent.

HB 16, which would ensure the same whistleblower protections that state employees enjoy, who file a complaint of fraud, waste, and abuse in state programs and operations, would be extended to all employees at the local level.

HB 147, which would require that women seeking an abortion have to be offered an opportunity to first see a sonogram of the fetus.

HB 429, which would require physicians who provide prenatal care or delivery to test mothers for HIV unless the mother specifically declines the test. The bill requires that a woman be informed of the test and of her right to refuse.

HB 102, which would authorize the Department of Corrections to compensate Robert Clark, who was wrongfully imprisoned for 23 years, in the amount of $1.2 million over a 15-year period.

HB 227, which would establish a state-level franchise authority for cable television service, allowing providers to obtain a single franchise rather than having to apply for local government franchises in each community served.

There is growing opposition to two bills under consideration, namely HB 610, which would allow for excessive treecutting around billboards along Georgia's interstates, highways and roads, and HB 340, a plan to reduce eligibility for PeachCare from 235 percent of the poverty level to 200 percent, thus keeping thousands of children of Georgia's working families out of the program. I would vote against the two Bills.

Legislation that would have repealed the state's prohibition of "payday lending," and strictly regulating the practice, failed to receive the necessary 91 votes for approval. The House vote on HB 163 ended in an 84- 84 tie, but it failed to receive the required constitutional majority of 91 votes needed for passage in the House of Representatives.

It came as a shock to many of us in the General Assembly when 84 Representatives

(11 Democrats and 73 Republicans) voted to bring back payday lending to Georgia. Just over two years ago, payday lending was voted out of the state by a vote of 132 to 38.

Since a motion was made for reconsideration, HB 163 will be voted on again.

Tuesday, March 27, will be the 30th legislative day of the 2007 session. That is "crossover" day, the final day in which legislation can be moved from the House to the Senate, or vice versa, for consideration by the other chamber before the end of this year's session.

Billboard Deforestation Legislation Opposed by Democrats

The House Democratic Caucus has taken an official position against HB 610. In what is becoming an annual attempt in some form or another by the billboard industry, HB 610 allows for unsightly deforestation around billboards along Georgia's interstates, highways and roads.

"We already allow billboard owners to cut down trees up to 250 feet of their billboard and have had a fair compromise that has been working. This bill takes and gives private business a priority over public rights of way. There is no need for this billboard deforestation legislation and I appreciate the hard work of the Garden Club of Georgia and support them in opposing this bill," said House Democratic Leader DuBose Porter (D-Dublin).

Representative Brian Thomas (D-Lilburn), who is a member of the House Natural Resources and Environment Committee, said, "Not only does this legislation allow for more trees to be cut down but it puts the burden on local governments to cover the cost of billboards that can not be relocated when interstate and highway improvements are needed."

HB 610 caps the height of new billboards at 75 feet but eliminates restrictions on the types of trees that advertising agencies can remove around billboards. The distance from a billboard that billboard owners will be permitted to cut trees will also be increased from 250 feet to 500 feet under the bill. Another provision in HB 610 requires local governments to pick up the cost of billboards if they can not be relocated.

Jenkins seeks to limit unfunded mandates on local taxpayers

State Representative Charles Jenkins (D-Blairsville) today announced legislation he is co-sponsoring that would limit unfunded mandates from the state being passed down to local property taxpayers.

HR 605 would require a two-thirds roll call vote by both the House and the Senate before the state could impose upon any local unit of government any part of the total costs of new programs or services, or increases in existing programs or services. The legislation would amend the Constitution and must be approved on the 2008 November Ballot by the voters of Georgia. Currently, unfunded mandates can be passed on to local governments by a simple majority vote. This results in cuts to other local programs or, most often, increases in local property taxes to fund important services.

"Local taxpayers have had to bear the brunt of massive cuts in state support of K-12 education under Republican leadership, which is wrong," said Rep. Jenkins. "In twothirds of our counties, this has led directly to property tax increases."

If approved by the voters, unfunded mandates such as these education cuts would require 120 votes in the House and 38 in the Senate, which is a much higher bar to reach for passage. "HR 605 will limit unfunded mandates passed down to local property taxpayers, and restore honesty to the state government's budget" said Rep. Jenkins.

The proposed FY 2008 budget cuts K-12 school funding by $139,906,420. This comes in addition to $1.25 billion in schools cuts over the last four years.

These school cuts have also driven up property taxes in nearly 100 school districts around the state. [The Governor's Budget Report, FY 2008, p. 157; Millage Rates from Georgia School Superintendents Association]

Jenkins, elected in 2002, serves on the Economic Development and Tourism, Game Fish and Parks and Retirement committees. Rep. Charles Jenkins (D-Blairsville) represents the 8th District (Rabun, Towns, Union and White counties) in the Georgia House of Representatives. Contact him at 411 Coverdell Office Building, Atlanta, GA 30334; by phone at 404-656- 0126 or by e-mail at charles.jenkins@house.ga.gov.