Legislative Report

Charles Jenkins

The House of Representative reconvened on Tuesday, March 18, for the 32nd day of the 40-day Session.

State Budgets -- Every session the General Assembly is constitutionally mandated to pass two budgets. They are the most important pieces of legislation adopted because they fund services such as, K-12 education, health care, transportation and public safety. However, the work that budget writers did had to be mostly redone after the Governor lowered the revenue estimate by $245million because of lower tax collections. That meant lawmakers had to adjust their proposed state budgets to meet lower revenues.

Having said this, first up on Thursday was the conference committee report on HB 989, the Supplemental Budget, which is a revised spending plan for the current fiscal year that runs through June 30th. By a vote of 167-2 the House approved the $332 million spending plan that includes $58 million for much needed trauma care funding. Georgia has four level one trauma centers that are woefully under funded and this will help them to continue providing that critical care. It also includes $210 million to build schools and keep up with increased student enrollment, $40 million for water reservoirs and $2.7 million for indigent defense. The Governor recommended $3.7 million.

One of the biggest points of contention was $30 million in equalization grants that helps low income schools. The House restored two-thirds of that in HB 989 and the remaining $10 million is in the 2009 budget.

After the vote, the House voted 165-0 to immediately transmit HB 989 to the Governor. Under the Constitution, this gives the Governor six days to veto or sign the legislation. It also forces him to show his line item vetoes, if he has any, while the legislature is still in session.

Following the Supplemental Budget was the "big budget", HB 990, which begins July 1st. The $21.2 billion spending plan passed by a vote of 166-1 and includes $50 million for the construction of drinking water reservoirs, $10 million to fully fund equalization grants that go to low income schools throughout the state, $2.9 million for increases in salaries for law enforcement officers at the Department of Natural Resources and $1 million for the Meals on Wheels program.

It was good to see monies in HB 990 as well for the Quality Basic Education formula that funds public education in the state. We have been calling for this over the last five years. The Governor's proposed 2009 budget included a $141.5 million austerity cut to the QBE formula. HB 990 did restore some of that in the amount of $90 million but with $1.6 billion in reserves there can certainly be enough to restore all of the cuts to education without hurting the state's AAA bond rating. The goal should be to get back to fully funding education where Georgia was six years ago.

Driving without a license -- From the budget to persons driving without a license the House adopted SB 350 by a vote of 99-68 on Thursday too. Under the legislation, a person driving without valid drivers could spend from 2 days to 12 months in jail and face a fine between $500 and $1,000. Persons who can prove they have a driver's license are not affected by the legislation. The fourth offense of driving without a valid license would be a felony under the bill.

Concerns were raised over teenagers out for joy rides and locking them up for 2 days in jail with this legislation. Others brought up the idea of prohibiting the sale of vehicles to those who cannot produce a driver's license instead of wasting valuable jail space that is better used for violent offenders.

Made in Georgia - Thursday saw the passage of SB 359 by a vote of 161-1. This legislation creates a "Made in Georgia Program" that will be administered through the Department of Economic Development. It will help promote goods and services manufactured in the state of Georgia.

Unanimous Verdicts in Death Penalty Cases - On Wednesday the House voted to lower the amount jury strikes it takes to allow for the death penalty. An amendment was attached SB 145, which gives prosecutors more leeway to seek life without parole, that lowers the amount of juries strikes needed to get the death penalty from a unanimous verdict to a 10-2 verdict.

This drew a slew of representatives speaking out in opposition. For two hundred years a unanimous verdict in the death penalty has worked in the state of Georgia and allowing a 10-2 vote is silencing the collective voice of the people. Others believed that anything other than unanimity will open up the appeals process and actually weaken the death penalty in Georgia. However, the amendment to SB 145 was adopted 100-66 and SB 145 passed 112-55. Last year similar legislation passed the House 106-65 but died in the Senate.

Using DNA in Murder Investigations -- To help the investigation of murder cases using DNA the House passed SB 430 by a vote of 130-40 on Wednesday. The measure allows the Georgia Bureau of Investigation to compare the DNA of a suspect to the state and national DNA database. This legislation stems from the case of murdered hiker Meredith Everson. DNA information was sought in the case but the GBI could not release it until Gary Hilton pleaded guilty.

Poultry Classifications -- A slew of non-controversial bills were adopted on Tuesday. One of those raising feathers was SB 364 which reclassifies ratites, emus, ostriches and other birds that cannot fly as poultry. SB 364 passed 155-0.

Rep. Charles Jenkins (DBlairsville) 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 404-656-0127 or by e-mail at charles.jenkins@house.ga.gov.