REP. STEPHANIE STUCKEY BENFIELD'S

LEGISLATIVE REPORT

2007 POST-SESSION LEGISLATIVE REPORT – June 6, 2007

Governor reverses budget veto but rejects tax rebate

By Rep. Stephanie Stuckey Benfield

The 2007 session of the Georgia General Assembly ended April 20 in an atmosphere of controversy as the House of Representatives voted to override the Governor's veto of the midyear supplemental budget for the current fiscal year. The Senate took no action on the matter, and the Governor announced he would call a special session of the legislature to deal with the stalemate.

But on May 8, the governor reversed his position and signed the midyear supplemental budget (HB 94) 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 indicated whether he will sign HB 95 or make it part of the special session agenda.

During the session, which lasted more than three months, lawmakers gave final approval to legislation addressing a number of major issues, including:

Local legislation. HB 712, which I co-sponsored, provides for a nonbinding, advisory referendum for residents of the DeKalb County School System regarding whether school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through ninth grades and subsequently phased in through grade 12.

HB 700, which I also co-sponsored, addresses DeKalb County government budget expenditures and purchasing processes. Specifically, the legislation stipulates that no expenditure of county funds shall be made except in accordance with the county budget or amendments thereto, adopted by the Commission. The bill also calls for the Chief Executive to establish rules to regulate purchasing for all county departments, offices, and agencies of the county government. Passage of this legislation will ensure greater fiscal accountability, transparency, and efficient utilization of public dollars.

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.

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.

Ultrasound requirement. HB 147 mandates that when a woman is seeking an abortion, a medical provider must offer her a chance to view an ultrasound image and hear the fetal heart before the procedure.

HIV testing. HB 429 requires doctors to offer HIV tests to pregnant women and refer those infected with the disease to counseling and medical services.

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.

Eyewitness Identification Study Committee. HR 352, which I co-sponsored, would create a House study committee on eyewitness identification procedures. My support of this bill is based on the events leading to release of Robert Clark, who served 24 years in prison for a crime he did not commit.

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.

Special needs vouchers. SB 10 allows parents to use state money to send their special needs children to private schools or public schools outside their districts. I voted against this measure because of the likelihood it will open the door to other private school voucher programs, taking more funding from our public schools that have endured enough state reductions already.

Alternative Fuel. SB 157 requires the Department of Community Affairs to establish a grant program to fund E-85 projects. The program would specifically convert storage areas for gasoline into storage areas for E-85. E-85 is fuel that is 85% ethanol. The intent of SB 157 is to spark consumer interest in using alternative fuels.

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:

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 137, 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.

Slavery apology. 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.

Rep. Stephanie Stuckey Benfield (D-Atlanta) represents the 85 th District (DeKalb County) in the Georgia House of Representatives. Contact her at 512 Coverdell Office Building, Atlanta, GA 30334; by phone at 404-656-7859 or by e-mail at stuckey@mindspring.com.

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