Georgia Legislative Newsletter
End of Session Report

Senator Gail Davenport
April 2008

The 2008 Georgia General Assembly was filled with much hope due to members talking about working in a bi-partisan manner to address issues concerning many Georgians.  And for a while we were making progress with passage of a statewide water management plan, but the good will which amassed early on slowly dissipated.  We had an opportunity to pass legislation targeting tax reform, expanding educational opportunities, localizing transportation funding, and improving our environment.  Unfortunately, some of those bills were left on the table. Yet, this year we did adopt some meaningful legislation that will impact the lives of Georgians.  The foreclosure crisis, local economic development, and public safety were but some of the issues we sought to address via the legislative process.  Personally, the General Assembly adopted legislation I co-sponsored to improve public safety and rename our state technical and adult education program. I want thank everyone for their support and prayers during the legislative session. Please email my office at  gail.davenport@senate.ga.gov with your views on any issue that needs to be addressed or whenever I can be of service.

2008 Legislative Agenda

During this long and contentious legislative session, I was able to introduce and support various bills to improve the lives of Georgians.  Below are some measures which will improve public safety and rename our state technical college system.  The latter measure is extremely important because provisions within the bill expand the acceptance of HOPE scholarships and grants to schools such as Morris Brown College, which has an evening adult education program. Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes ( SB 453 ) - was adopted by the General Assembly and will add the state as an entity authorized to govern certain criminal activity in areas designated for recreation purposes. Retirement; Dept. of Adult and Technical Education to Technical College System of Georgia; change all references ( SB 434 ) - was adopted by the General Assembly and will change all references to the "Department of Adult and Technical Education" to the "Technical College System of Georgia." Technical/Adult Education, Dept. of; change name to Technical College System of Georgia ( SB 435 ) - was adopted by the General Assembly and will change the name of the Department of Technical and Adult Education to the Technical College System of Georgia.
Legislative Highlights After a contentious and confrontational legislative session, the General Assembly adopted the following measures:

Certain comprehensive statewide water management plan ( HR 1022 ) - Under the plan, a three year, $36.5 million data gathering effort is launched to determine how much water is in Georgia's rivers lakes and streams. The plan also calls for 11 water planning districts to allocate water among farms, industries and communities. Councils are created in those districts a nd will be charged with drafting a water plan for their respective area.

Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ( SB 342 ) -The legislation creates the Water Supply Division within the Georgia Environmental Facilities Authority that will help identify new locations for reservoirs and speed up the process for reservoir construction.

State Health Planning; provide destination cancer hospitals are subject to certificate of need requirements ( SB 433 ) - The measure will amend the existing certificate of need (CON) law by allowing general surgeons to open ambulatory surgery centers and permit hospitals to build parking decks and other non-clinical proje cts without state approval. As well, the bill will lift restrictions on a few hospitals now allowed to deliver babies only in cases of emergencies, permit more hospitals to perform some heart procedures, such as diagnostic catheterizations, and would streamline the CON appeals process. The legislation also allows the Cancer Treatment Centers of America to build a $150 million facility near Hartsfield-Jackson International Airport that must draw 65 percent of its patients from outside Georgia.

Firearms; carrying and possession ( HB 89 ) - The bill allows individuals with a concealed weapon permit to carry guns in their cars and into restaurants, as long as more than 50% of the restaurant profit is for food. It also allows permit holders to carry guns into state parks, MARTA trains, and workplace parking lots with company approval.

Dunwoody, City of; incorporation, boundaries, and powers of the city ( SB 82 ) - The bill allows the citizens of North DeKalb County to vote on whether to create the city of Dunwoody by referendum in July.

Driving under the influence; mandatory sentences; increase ( HB 336 ) - The measure requires that individuals convicted of drunk driving for a fourth time, within ten year time period, will be charged with a felony punishable with one to five years in prison. As well, second-time offenders must undergo a clinical evaluation as part of their participating in a drug-ab use risk reduction program. Another provision increases from five to ten years the period in which prior DUI convictions are applied to a new offense.

Foreclosure; conduct by the current owner/holder of mortgage ( SB 531 ) - The legislation requires a 30-day notice go to the homeowner when their house is about to be foreclosed. Currently, only a 15 day notice is required. The notice must also contain contact information on the legally authorized party empowered to negoti ate, amend and modify the mortgage with the homeowner. Another provision mandates that mortgage owners record their names as owner of the note in the clerk of the court's office prior to the foreclosure.

State Licensing Board of Home Inspectors ( HB 1217 ) - The bill creates the Licensing Board of Home Inspectors made up of four home inspectors, a general contractor and a member of the public at large. The board, appointed by the Governor, would oversee licensing and continuing education requirements for home inspectors, establish standards of practice, and a code o f ethics.

Special elections; held on certain dates ( HB 296 ) - The bill calls for local school boards and county governments to put special purpose local option sales tax initiatives on either the general or primary ballot. On even numbered years, referendums will be held during the presidential primary, the July general primary, or the November election. On odd numbered years, referendums will be held in March or November.

HOPE scholarships; home study course ( HB 152 ) - The bill allows home-schooled Georgia students who score in the 85 th percentile on the SAT or ACT to be eligible for the HOPE scholarship.

Mental Health; patient advocacy board ( HB 535 ) - The measure creates a mental health patient advocacy board and the position of patient advocate general. The office, with funding of $250,000, will provide independent review of cases where mental patients are being abused or neglected in state run facilities.

Certain justices and judges; annual salaries ( HB 119 ) - The legislation authorizes a 5% pay raise for Supreme Court Justices, Court of Appeal Judges,  superior court judges, and District Attorneys.

Government; legislative override ( SB 352 ) - The bill allows the Georgia General Assembly to override the state Environmental Protection Division's (EPD) water policies or suspend new EPD rules until the next legislative session with a two-thirds vote. The legislation would also require the director of EPD to testify before lawmakers when a federal law requires stat e action.

Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the road ( SB 55 ) - The legislation allows Georgians to take wine home from restaurants as long as it is resealed and put in the trunk or locked in a glove compartment.

Limousine Alcohol Sales ( SB 385 ) - was adopted in the House by a vote of 128-26. The bill would allow limousine drivers to sell alcohol to their customers.

2008 State Supplemental Budget ( HB 989 ) - the General Assembly adopted the supplemental budget which provides additional funding for programs during the 2008 fiscal year. The $332 million spending plan includes $58 million for trauma care funding; $210 million to build schools and meet increased student enrollment costs; $40 million for water reservoirs; and $2.7 million for indigent defense. The bill also includes $20 million in equalization grants for schools in low income communities.

2009 State Budget ( HB 990 ) - The legislature also adopted the 2009 budget, which begins on July 1. The $21.2 billion spending plan includes $50 million for the construction of drinking water reservoirs, $10 million to fully fund equalization grants for schools in low income communities, $2.9 million for increasing salaries of law enforcement officers at the Department of Natural Resources, and $1 million for the Meals on Wheels program. It also provides 200,000 teachers and state employees a 2.5% pay increase, $ 1 billion in construction projects for schools and universities and $40.4 million to fund the Georgia Public Defender Standards Council.

DNA; Georgia Bureau of Investigation include information in database/compare to samples collected from evidentiary materials ( SB 430 ) - The bill would allow the Georgia Bure au of Investigation to compare DNA of a suspect to the state and national DNA database.

Drivers' Licenses; requirement; driving while license suspended/revoked ( SB 350 ) - Under the legislation, a person driving without a valid drivers' license could spend from 2 days to 12 months in jail and pay a fine between $500 and $1000. Drivers who can prove they possess a valid license are not affected by the legislation. If a driver is found guilty of a fourth offense within a 5 year period, he/she will be charged with a felony which carries a sentence of 1 to 5 years in prison.

House and Senate Budget Offices ( HB 529 ) - The bill would add a new code section to establish both a house budget office and senate budget office. This new se ction empowers these offices to request information from all state departments, boards, bureaus, commissions, committees, and authorities. HB 529 was adopted in 2007, but vetoed by Gov. Perdue. The House and Senate voted to override the veto; the first time since 1974.

Traffic accidents; illegal immigrants; seize vehicle ( HB 978 ) - The measure calls for any motor vehicle registered in the state that is being driven by an unlicensed driver when pulled over for a traffic stop, or violation, or involved in an accident, to be impounded under Georgia's traffic forfeiture laws.

State Board of Education; local school systems; contracts ( HB 1209 ) - The bill, based on a three year study conducted by the Governor's Investing in Education Excellence Study Committee, establishes a system of performance contracts for school systems which levy flexibility for accountability. Local school systems may voluntarily enter into a 3 year contract, agreeing to certain performance goals for its schools. If goals are not met, negotiated consequences will be enacted. In return, the school system will earn negotiated flexibility from state laws and regulations.

Charter Schools ( HB 881 )  - The bill would establish a seven member state commissio n charged with approving new charter schools after application has been denied by local school boards.  They would work in conjunction with the local school boards and members would be recommended by the Governor, Lt. Governor and Speaker of the House, but the State Board of Education has to sign off on those appointed.  There would be no limits on the amount of charter school petitions the commission could approve and charter schools would also get more local tax revenue under the bill.

Wine; shipped to one customer; limit number of cases ( HB 1061 ) - Under the bill, a case of wine could be direct ordered from a winery over the internet with a limit of up to twelve case s per year. Purchasers would also have to provide verification that they are 21 years of age.

Indigent defense; revise matters; senior judges ( HB 1245 ) - T he bill will place the Director of the Indigent Defense Standards Council under the Governor's authority; increase by four the number of county commissioners on the Georgia Public Defender Standards Council board; prohibit senior judges from presiding over death penalty cases; place fiscal responsibility on counties to share some of the costs of paying for the defense of indigent capital cases where private attorneys represent the accused. The bill also decreases the income threshold from 125% of the federal poverty guideline to 100% for misdemeanor defendants to qualify as indigent.

Georgia Bona Fide Large Forest Conservation Act of 2008 ( HR 1276 and HB 1211 ) - HR 1276 is a constitutional amendment and t he enabling legislation for HB 1211. The companion legislation would give forest owners property tax breaks up to 50 percent if they don't develop their land. Currently, the state of Georgia taxes forest land based on best use meaning the property taxes on timber land near growing areas has tripled in some cases. The proposal taxes based on actual use and land owners must have at least 200 acres and sign a 15 year covenant not to develop the property.

Credit Freeze ( HB 130 ) - The legislation would allow Georgians to freeze their credit files for a $3 fee. Consumers would pay the credit reporting agency not to release that consumer's credit report information by placing a "security freeze" o n his or her credit report in order to prevent the extension of credit without the consumer's authorization.  A credit agency would not be able to charge a fee to a victim of identity theft who submitted a copy of a police incident report or complaint to a law enforcement agency. The measure also includes specific exemptions for business purposes, such as insurance companies, and those 65 and older will have no fee.

Water resources; local government restrictions; more restrictive than state; prohibit ( HB 1281 ) - The bill would require local government to obtain permission from the st ate's top environmental regulator to enforce outdoor watering restrictions which are stronger than existing state law.  The bill would also prohibit any restrictions on swimming pools, unless there would not be enough water for people, farms, or industries.

Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs ( SR 996 ) - The bill calls for a statewide referendum to amend the state Constitution authorizing counties, cities, and local school systems to use tax funds for redevelopment purposes, including the payment of debt service on tax allocation bonds. If voters approve this measure in November, then the General Assembly will have to adopt enabling legislation in 2009 for TADs to take effect.

Income tax credit; historic structures rehabilitation ( HB 851 ) - The bill will increase the default tax credit for the rehabilitation of a historic home from 10 to 25 percent of the qualified rehabilitation expenditures in the year when the certified rehabilitation is completed. The legislation increases the maximum amount of the tax credit for a 120 month period from $5,000 to $100,000, and to $300,000 for a certified, nonresidential structure.

Dog Fighting ( HB 301 ) - The measure will prohibit owning or training a dog to fight, causing dogs to fight, betting on a dog fight, and knowingly permitting or aiding in a dog fight. A violation would be punished as a felony with a first offense punished with up to five years imprisonment and/or a $5000.00 fine and a s econd offense punished with up to ten years imprisonment and/or a $15,000.00.

Sex Offender Registry ( HB 908 ) - The bill will amend the definition of "area where minors congregate" to add public libraries to the list of prohibited areas; provides a definition of the term "day care center;" and stipulates that no registered sex offender or designated sexual predator shall volunteer within 1000 feet of a school, church, child care facility or area whe re minors congregate. 

The bill also provides that the 1000 foot measurement for the workplace will be measured from outer boundary to outer boundary of the location where the registered individual actually carries out the functions of his or her job; and adds language stating that a registered individual who owns real property or who has established employment before a school, child care facility, church or area where minors congregate locates itself within 1000 feet of the individual's home or place of employment will not be in violation of the 1000 foot regulatory requirement.

Last, the registered individual will have ten days within which to prove, through acceptable documentation, to the sheriff that his residence or employment was established prior to the location of the school, church, child care facility or area where minors congregate.

Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission ( SR 822 ) - The resolution contends that a flawed 1818 survey mistakenly placed Georgia's northern line just short of the might Tennessee River.  The bills call for the governor to establish a commission to further investigate the matter.
I am honored and privileged to serve the good people of Senate District 44.  Thank you for your support and prayers. Your voice in the Georgia General Assembly, Gail Davenport

 

In This Issue
Laughingstock Legislature
There Could Be HOPE for Clayton Students
2008 Legislative Agenda
Legislative Highlights

Gail Davenport

Sen. Gail Davenport (D-Jonesboro) represents the 44th District (Clayton and Henry Counties) in the Georgia Senate. Contact her at 323 Coverdell Legislative Office Building, Atlanta, Georgia 30334; by phone at 404-656-7586 or by e-mail at gail.davenport@senate.ga.gov

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Laughingstock Legislature
Crucial issues were ignored and time was squandered while trivial, wrongheaded bills were rubber-stamped.
By Mike King


The Atlanta Journal-Constitution
Published on: 04/10/08

Members of the Georgia General Assembly, especially those from suburban Atlanta, like to make fun of Grady Memorial Hospital and its myriad problems. No doubt that has made it easier for the Legislature to justify repeatedly turning its back on the state's largest public hospital over so many years.
Legislators self-righteously blame Grady's crisis on the incompetence and irresponsibility of the Fulton-DeKalb Hospital Authority and snicker at how dysfunctional it is. But who now occupies the premium space at dysfunction junction? Who's the laughingstock now?

At least the politically appointed hospital authority has finally started turning control of Grady over to a nonprofit community board. That single step, which took both compromise and leadership, was credible enough to convince the Woodruff Foundation to contribute $200 million over the next four years to upgrade Grady's equipment and high-tech services.

In contrast, the state's legislative branch failed utterly this session to deal with Georgia's significant problems in health care, transportation, education and other issues. Legislators made the hospital authority's operations seem NASA-like in precision. The General Assembly failed to make good even on its own leadership's promise to find a dedicated, permanent funding source for Grady's trauma center and the 14 other trauma network hospitals around the state.

In many other states, the legislative process is more proscribed and professional. But in Georgia, it's a joke.

This year and last, House Speaker Glenn Richardson's ego clearly played a role in the breakdown. Richardson, a man of many ideas, doesn't hide his frustrations when things don't go his way. He's quick to anger, but at least people generally know where he stands.

In contrast, Lt. Gov. Casey Cagle is more Eddie Haskell-like, coming off as an overly polite consensus-builder (although it's also true that he seems constantly to be testing which way the political wind is blowing). Yet when he fails at consensus -- as he has done twice in recent years -- he blames Richardson, an easy target.

And then there is Gov. Sonny Perdue, the lame-duck chief executive of the state. During the 2007 session, as the state dried up during a killer drought, his number one priority was his "Go Fish" campaign for Georgia tourism. This year he hopped a Delta jet for a trade mission in China during the last week of the session. His only significant contribution in the final weeks was to author an op-ed piece for Georgia newspapers declaring he was still against the sale of liquor and beer on Sundays, which, predictably, did not pass.

While trauma funding went by the wayside -- as did a two-year effort to allow regions of the state to vote on raising their own taxes to improve transportation -- the final day of the 2008 session wasted precious time passing plenty of worthless legislation. Take your pick of which will get declared unconstitutional first: allowing concealed weapons on public transit, in state parks and in restaurants; seizing the cars of illegal immigrant drivers when they are pulled over for a broken headlight; or busting a convenience store clerk for selling marijuana-flavored lollipops. All those brilliant ideas were endorsed on the final day.

Meanwhile, the usual spate of special-interest and lobbyist-written legislation slipped its way onto the calendar on the last day and managed to get passed. The measures included an 88-page rewrite of the state's entire hospital regulatory process that got less than 15 minutes of floor discussion, as well as a proposed constitutional amendment that would allow property taxes that are supposed to go to schools to be diverted for private redevelopment of blighted areas. To be fair, there was some merit in both measures -- which had sat around for the whole session -- but in the end, legislators didn't really debate them. They just settled for the word of the lobbyists that the measures would be good for the state.

Over the years, the Grady trustees were often accused of the same thing -- failing to make hard decisions, relying on contractors to tell them how to spend public money, closing their eyes to administrative reforms. They were dismissed as incompetent at best, corrupt at worst.

In the end, they lost the credibility needed to run the hospital, safeguard taxpayer money and maintain the last safety net for Atlanta's poor and uninsured. They have been replaced by a new board looking to restore public trust in the historic hospital.

Who will restore the public trust in the dysfunctional legislative branch of state government? Where should we start?

There could be HOPE for Clayton students

By Megan Matteucci

The Atlanta Journal Constitution

Published on: 04/10/08

Eligible Clayton County sophomores and juniors likely will receive their HOPE scholarships even if the school district loses accreditation.

Gov. Sonny Perdue will review a bill that allows students who graduate from unaccredited schools to still get their scholarship money.

Senate Bill 480, which passed the Senate and House last week, is for students who graduate from schools that had been accredited within the past seven years. If signed by the governor, the law would be valid until Dec. 31, 2010, which would include current sophomores and juniors.

The law could help hundreds of Clayton students who depend on HOPE money, district spokesman Charles White said.

"I think it helps from a standpoint because it protects their [students'] right to seek their opportunity to qualify for scholarships regardless of the circumstances of the accreditation issue," White said.

The Clayton school board is now drafting a resolution to send to legislators, thanking them for the legislation.

HOPE scholarships are necessary for Richard Penny, whose twin sons are in 11th grade at Jonesboro High School.

"It would help our family," said Penny, a father of three.

The bill likely will help Kaleb Penny, an honors student who wants to study photography at the Art Institute of Atlanta. His twin brother, Joshua, however, is hoping for a future at Brown University in Rhode Island. Georgia Tech is the backup for Joshua, an honors student and president of the Clayton Student Coalition. The HOPE scholarship would not be available for students who enter schools outside Georgia.

"We are still very, very concerned they would graduate from an unaccredited school," Richard Penny said Wednesday. "It's nice, but not good enough. We don't know how it will affect college admissions."

The Southern Association of Colleges and Schools gave Clayton County until Sept. 1 to meet nine mandates or lose accreditation. A loss of accreditation used to mean no HOPE scholarships.

However, it still makes it difficult for students to get into some colleges and obtain some scholarships.

Perdue has until May 14 to sign the bill into law, said Marshall Guest, a spokesman for the governor.