Monthly Archive for March, 2008

The Georgia Budget!

Alan Essig gives us his thoughts on the Georgia budget. The Georgia Budget and Policy Institute seeks to improve the fiscal responsibility of our state government. That’s quite a job these days!

I must admit I was surprised to find out that the 2008 Supplemental Budget, which the legislature passed and the Governor signed, doesn’t balance. According to Alan, it exceeds the Governor’s revenue estimates by some $65 million. When the legislature passed the supplemental budget they used parliarmentary procedure to force the Governor to either sign or veto the budget within 6 days. That meant the Governor would have to make a decision before the legislature adjourned. Apparently, the Governor did not want a nasty fight like they had last year and signed the supplemental budget even though it did not balance.

Alan was highly complimentary of Gov. Perdue and the fact that he had managed to accummulate more than $1 billion in reserve funds for the State. For those of you that don’t know, these reserve funds are like a savings account that the State can utilize when there is a budget shortfall. Each year the governor is required to make an estimate of anticipated revenue. The legislature is required to limit State spending to the revenue estimated by the Governor which results in the balanced budget required by the State Constitution. However, by being conservative in estimating revenue, the budget is kept low and if revenues exceed the governor’s estimate, the excess revenue is placed in the reserve fund, money the State collected, but did not spend.

Both the House and the Senate are considering tax cuts. In the House it is the remnant of the Speaker’s Great Tax Plan, which now targets eliminating the propety tax on automobiles. This would result in a budget shortfall of about $700 million in revenues. Alan suggests that it be made up with an increas in the cigarette tax of $1 per pack. Currently, Georgia collects a cigarette tax of about $.35 per pack, one of the lowest in the country.

In the Senate it is Lt. Gov. Casey Cagle’s proposal to cut the income tax by 10%. According to Alan, the Senate’s tax cut would result in a $220 - $230 million budget shortfall. I might add that in a recent interview with Casey Cagle, he indicated that a 10% cut in income taxes would stimulate the economy enough to generate the additional revenues. Alan says state income tax cuts do not stimulate the economy. That only happens, if it happens, with federal tax cuts because the federal government doesn’t have to live with a balanced budget.

Alan also agrees with Governor Perdue that both the Senate and House tax cuts are irresponsible, particularly when we may be heading toward a recession. Alan points out that Georgia ranks 49th and 50th among the states in low taxation and expenditure. That sounds great, but it also means we are lowest among the states in spending for education and health care.

Alan points out that 75% of the state budget is spent on education, Peachcare and Medicaid and prisions. With our high moral standards, Georgia loves to put people in jail for non-violent crimes and keep them there a long time. In fact, Georgia is second only to that Republican bastion of Texas when it comes to the percentage of the population behind bars.

And those prsioners get free health care. The older the prison population becomes, the sicker they get and the more our budget is going to be devoted to prisons, all to the detriment of education and health care for our children and elderly and poor.

What does the future hold? Alan says the housing crisis has not affected Georgia as much as other states, even though we are still one of the highest states in foreclosure rates. Tax cuts at this time jeopardize our economic future. According to Alan, the problem for Georgia’s future is to figure out how we are going to pay for the level of education, the infrastructure and transportation we need to support a population growth to 14 million people. Thus far, our annual budget does not take into consideration what we need to provide for and plan for the future, but is limited to looking at what government cost last year and what can we do to not increast the budget this year.

Sounds like a recipe cooked up by politicians seeking re-election, rather than leaders seeking to safeguard our future and that of our children. So, what else is new?

 
 Alan Essig, Georgia Budget and Policy Institute [31:35m]: Play Now | Play in Popup | Download (689)

SUV’s, Crash Tests and Safety

We have all seen those crash tests. Front impact, side impact, rear impact! Somewhere in the back of your mind is the nagging thought that a new vehicle, one you might love to own, is being totalled, wrecked, demolished. All those tests are courtesy of the Insurance Institute for Highway Safety. The IIHS is funded entirely by auto insurance companies and its goal is to reduce the damage (deaths, injuries and property) caused by vehicle crashes.

This interview with Russ Rader, a spokesperson for IIHS, discusses the results of the recent roof test to determine if there is a relationship between roof strength and injuries. I should point out that personal injury lawyers (like me) have been arguing and contending and suing for years alleging that vehicle roofs were not strong enough. The recent roof tests by the IIHS suggests the lawyers have been right.

These tests focued on SUVs. More tests are coming on other models.

And how strong is the roof on your SUV? The government standard was established years ago and it requires the roof to be able to support 1 and 1/2 times the weight of the vehicle. That isn’t a lot when you think about it. The only time you have to be concerned with roof strength in a rollover.

The IIHS tested the roofs of 11 SUVs and then compared roof strength with statistical information concerning injuries that occurred in rollover accidents. The outcome is not surprising: those SUVs with stronger roofs had less injuries in rollover accidents. What is hard to understand is the car manufacturer position that the roofs in our vehicles are strong enough. Strong enough for what? Obviously not strong enough to prevent all injuries.

What always gets me is why one vehicle is a lot safer than another. Why is that? There can’t be that much difference in what it takes to make this car or that car, so why can’t all the car manufacturers make all the cars equally safe? Go figure!

You can read the report and find out about your SUV! But I will go ahead and tell you that the SUV with the stongest roof was the 2000-04 Nissan Xterra. One of the weakest roofs was on the 1999-2004 Jeep Grand Cherokee, which happens to be what I drive.

The 2008 Top Safety picks:

Large cars: Audi A6, Cadillac CTS, Ford Taurus with optional electronic stability control, Mercury Sable with optional electronic stability control, Volvo S80

Midsize cars: Audi A3, Audi A4, Honda Accord 4-door models, Saab 9-3, Subaru Legacy with optional electronic stability control

Midsize convertibles: Saab 9-3, Volvo C70,

Small car: Subaru Impreza with optional electronic stability control

Minivans: Honda Odyssey, Hyundai Entourage, Kia Sedona

Midsize SUVs: Acura MDX, Acura RDX, BMW X3, BMW X5, Ford Edge, Ford Taurus X, Honda Pilot, Hyundai Santa Fe, Hyundai Veracruz built after August 2007, Infiniti EX35, Lincoln MKX,
Mercedes M class, Nissan Murano, Saturn VUE built after December 2007, Subaru Tribeca, Toyota Highlander, Volvo XC90

Small SUVs: Honda CR-V, Honda Element, Subaru Forester with optional electronic stability control

Large pickup: Toyota Tundra

Buy or trade and get a safe vehicle! It’s got to be good for the economy.

 
 Russ Rader, Insurance Institute for Highway Safety [29:50m]: Play Now | Play in Popup | Download (612)

Casey Cagle on The 2008 Session!

It is almost the end of the 2008 legislative session. This interview with Lt. Gov. Casey Cagle touches upon the variety of content the legislature sampled in this election year. For example:

The demise of the Speaker’s Great Tax Plan.
The proposal to spur the economy with a 10% income tax cut.
The austerity cuts in the 2009 budget.
The Water Wars, Lake Lanier and The Corps of Engineers.
Efforts to develop alternative energy sources.

and of course,

The efforts to retake Georgia from Tennessee.

 
 Casey Cagle, Lt. Governor [26:44m]: Play Now | Play in Popup | Download (636)

Autism Awareness: Coming to A Family Near You!

Anna Bullard tells a story that only a mother could tell. For those of us who had children who were fortunate enough to have developed normally, it is hard to imagine a toddler wrapped in silence 24 hours a day. Anna’s reward for a mother’s perseverance was hearing her daughter’s first word: Mama! But it came years after it should have.

If it is hard to comprehend that your child is different and needs help, it is harder still to hear Anna describe her struggle with doctors just to get an accurate diagnosis of her daughter’s problem. You get the idea that a lot of doctors have never heard of autism. A lot of them apparently don’t know it when they see it.

Anna tells of other battles as well, particularly of a parent fighting to get their child the special attention they need for their special needs. But Anna is a fighter and her story is one of victory over that amorphous beast that is Public Education’s Special Education. Anna learned the law, learned the rules and regulations and was not bluffed by bureaucrats into abandoning her child’s rights. Anna made sure her child got everything that she was entitled to–and it made all the difference!

Anna testifies to the benefits of behavior modification in breaking through the barriers of autism to establish communication with her daughter. The key: early diagnosis and intervention. A child who is not fortunate to have a parent as determined as Anna stands a real risk of being ignored during the early years, reducing the likelihood of a normal, productive life. With intensive therapy many of these children can attend school with their non-autistic peers.

The sad thing is that our society and our educational system is not attempting to identify these children early and initiate effective therapy. In many ways, this failure dooms many of these children to a non-productive, disabled, low-functioning life living off a government check.

This is not the only example where our desire for tax cuts and low budgets is counter productive, but it is one of the most shameful. Listen to the interview. It is well worth the time.

 
 Anna Bullard, Autism Awareness [30:39m]: Play Now | Play in Popup | Download (667)

Numbers and Immigration: Jobs and the Environment

If you don’t know where you stand with regard to the illegal aliens, maybe you can at least get a handle on the problem with LEGAL IMMIGRATION. Just like your check book, it is all about numbers. Roy Beck has the numbers. And, as we all know, numbers don’t lie - even if we don’t want to believe them!

Now, you can watch the video or read the rest of this post. My advice: do both!

Beck is a former journalist who now devotes his time to educating Americans about the destructive truth of our immigration policies. Roy started Numbers USA in 1997 to carry out the recommendations of the U. S. Commission on Immigration Reform, created by the Immigration Act of 1990 and the United Nations Commission on Sustainable Development. Some people don’t like him, but all I can say is that he makes a hell of a lot of sense.

Remember, I am talking about legal immigration, those people who enter the US with our permission each year. How many people do you think that is? Would you believe that from 1776 through 1976 the traditional level of immigration to this country was an average of 250,000 people per year.

Roy’s point is that throughout our history when we have exceeded traditional levels of immigration we have always had problems assimilating the additional immigrants. Immigrants have also suffered from high levels of immigration because they are forced to compete for jobs in a market flooded with available workers.

However, beginning in 1959, US immigration policy has taken a wrong turn. After the devastation of WWII, many people wanted to immigrate from Europe to America for a better life. By the end of the ’50s, Europe;s economy had improved and less people were immigrating to America. You may remember this was about the same time a lot of us were being told we needed to achieve zero population growth. Well, the law of unintended consequences went into effect when Congress, apparently fearing we would not have enough European immigrants, began opening the floodgates.

Up until 1965 there were annual immigration quotas and East European countries had the largest quotas. In 1959 Congress invented “chain immigration” so that Europeans could bring their extended family. With chain immigration, the person who is approved for entry into the country gets to bring his relatives with him. In 1965 Congress did away with quotas and allowed immigration from all countries on the same basis. As a result of chain immigration, since 1990 we have been averaging 1,000,000+ legal immigrants a year. This is in addition to a milliion or more illegal aliens entering the country every year.

Do you wonder why immigration hasn’t been a big deal for the last 60 years (since WWII) and now, all of a sudden, it is a very big deal? Well, it’s because when legal immigration is at the traditional level of 250,000 a year, the country has been able to cope with this increase in population. However, after almost 40 years of higher levels of immigration, we are experiencing the pressure of these increased numbers on our utility and transportation infrastructure, our schools systems, our employment rates and wage rates.

According to Roy, there is a relationship between levels of legal immigration and illegal immigration. The greater the number of legal immigrants, the greater the pressure on others to enter illegally.

One of the problems with our immigration policy is that it has been run by the U.S. Chamber of Commerce and the ACLU. The Chamber and its pro business agenda promotes higher levels of immigration to exploit cheap labor at the expense of the American worker. Naturally, the ACLU is motivated bythe liberal idea that everyone should get to live in Amercia. (While I generally support ACLU principles, like all organizations, they can take the wrong stance on any particular issue. This is one of them.)

The problem with our immigration policy is that it is not guided by the most important question: What level of immigration is in our national interest? Politicians ignore focusing on this issue because of political correctness and voters. They don’t want Hispanic Americans mad at them.

I asked Roy where our presidential contenders stood on this issue of reducing immigration levels. (You can find check out your state delegation here.) All three of the remaining front runners, McCain, Clinton, and Obama, have the same rating: abysmal.

 
 Roy Beck, Founder, Numbers USA [29:36m]: Play Now | Play in Popup | Download (789)

Pye and The Second Amendment!

Anyone that knows Jason Pye knows he is a strong believer in the Second Amendment, the right to bear arms. Jason has been blogging about a case pending before the Supreme Court, District of Columbia v. Heller. Jason even recorded the oral argument and put it on his website! Just go to his home page and scroll down to “More on Heller.”

Jason hasn’t been to law school yet (He should go, I mean he really needs to go!), but he can best many lawyers when quoting cases and explaining decisions. Me? I hated constitutional law, not because it isn’t beautiful and majestic, but because trying to figure out what the law was in any particular area was akin to hearding cats. And, I don’t heard cats well–no patience!

According to Jason, the Heller case focuses the gun sights on a central question, which apparently has never been definitively answered by the Supreme Court: Is the right to bear arms an individual right? If you had asked me, I would have thought the issue was decided years ago, but apparently not.

In Heller the laws under attack are the District of Columbia’s ban on all hand guns and restrictions which require that other guns, like shotguns, be disassembled and unloaded. The argument is that the DC law effectively bans all guns, since the only guns you can have, you can’t use. It is hard to believe there is any place in America where you can’t have a gun ready and available in your home to protect yourself, your family and your property.

The odd thing is that Cheney and 200+ Senators and Congressmen signed on to a brief filed with the Supreme Court asking the Court to hold that the right to bear arms is an individual right. The problem: The Bush Administration filed a brief opposing such a broad interpretation of the Second Amendment because of concern that such a ruling might result in federal gun control legislation being declared unconstitutional. Cheney v Bush? For a better understanding you really need to read Jason’s post on JasonPye.com.

The quandry? The now conservative Supreme Court that loves to uphold the power of the government to do just about anything (like tap our phones) has to choose between its love of federal power and its love of guns, or should I say conservatives’ love of guns. I predict the guns win, the law is declared unconstitutional and the Supreme Court does some fancy dancing to preserve both guns and power. When you are the Supreme Court you can have the best of both worlds!

We covered a little Georgia politics, as well. Jason thinks Speaker Richardson’s Great Tax Plan was all about him, the Speaker that is. Cagle proposed a 10% cut in income taxes. Must be running for something! In a recession, who are these guys kidding? The voters, of course. Governor Perdue opposes both proposals since now that he won’t be running for re-election, he sees recession and decreases in revenues.

The budgets (supplemental and 2008-09) have passed both the House and Senate. Jason says there might be a showdown with the Governor over the budgets before the legislature adjourns.

The interesting part? I asked Jason to grade Cagle and Richardson’s performance this year. The results: Cagle: B- Richardson: F.

Personally, I give Jason an A for citizenship.

 
 Jason Pye, Political Commentator & Blogger [30:45m]: Play Now | Play in Popup | Download (603)

Insurance Reform and Agritourism: One Step Forward, Two Back

I am happy to report that the Georgia Legislature appears to be headed toward doing something that actually benefits the citizens of Georgia. What is it? A necessary reform in the law that will help make sure that when citizens pay for insurance coverage, they get the benefit of what they pay for.

In this interview Bill Clark of the Georgia Trial Lawyers Association (GTLA) explains the change in the UM (uninsured motorists) coverage which will become law if SB 276 is enacted. It passed the Senate last year, but got stuck in the House. This year it looks like it may actually make it to the Governor’s desk and hopefully he will sign it.

EVERYONE NEEDS TO UNDERSTAND UNINSURED MOTORISTS COVERAGE! UM coverage pays you for damage to you vehicle and injuries to your body (and the bodies of other passengers) if you are involved in an accident with another vehicle that is uninsured or that is underinsured. It is dirt cheap. A lot of people elect not to purchase UM coverage because the law does not require you to have it. But it is a mistake not to have it. If you don’t know what your policy provides, you need to check it and if you don’t have UM coverage, you owe it to yourself and your passengers to get it. It is that simple.

Under the current state of the law, if you purchased $100,000 of UM coverage and you were hit by a vehicle that had a $100,000 of liability insurance, the law prohibited you from getting any benefit from your UM coverage (even though you paid for it) because your UM insurance company got credit for the liabillity coverage of the driver that hit you. It makes no sense, but that is the way the law evolved.

Just be thankful that if this law gets signed by the Governor, if you pay for $100,000 in UM coverage, you will get the benefit of that $100,000 in UM coverage. And remember, GTLA, the trial lawyers of Georgia (of which I am proud to be a member), fought to get this changed.

And when it comes to “agritourism”, GTLA is fighting the insane idea that “agritourism” businesses should not be held responsible for their negligence. Thus, if you want to hunt or fish on someone’s property, and they cause you an injury, you can’t sue them for your injuries unless they were grossly negligent (meaning they just about intended to harm you). However, if exactly the same thing occurred in some other business (Walmart), you could hold them responsible for simply being negligent, failing to exercise ordinary care.

On top of that, the Senate bill, SB 449, is entitled “Landowners Protection Act of 2008.” What does it protect landowners from? Responsibility! This is the kind of irresponsible legislation that is maneuvered through the legislature by some lobbyist paid for by some group, some business interest, that wants special treatment. It is the kind of legislation that moral leadership should oppose.

Here is the entire text of the statute:

(a) A landowner who allows a person who is 16 years of age or older to hunt or fish on the owner´s property shall be immune from civil liability for any acts done by such person on such property, provided that the landowner´s conduct does not constitute gross negligence or willful and wanton misconduct.
(b) A landowner who allows a person who is 16 years of age or older to enter the owner´s property for purposes related to agritourism, as such term is defined in subparagraph (p)(7)(B) of Code Section 48-5-7.4, shall be immune from civil liability for any acts or omissions of the landowner that do not constitute gross negligence or willful and wanton misconduct.”

Note that it excludes people under 16 years of age. GTLA was instrumental in pointing out that businesses ought not to be encouraged to injury minors needlessly. While I appreciate GTLA’s effort in protecting minors, I cannot help but point out that it makes no sense to encourage hurting people older than 15. Such is the strained wisdom of the Georgia legislature.

SB 449 has passed the Senate and is awaiting action in the House. It’s primary sponsors are Senators Bill Heath (R-31), Joseph Carter (R-13), Ross Tolleson (R-20) and George Hooks (D-14).

A similar bill was introduced in the House, HB 584, and is sponsored by Calvin Hill (R-21). At least it is going nowhere.

So there you have it. On the one hand, our legislature reforms the UM law to make sure consumers get what they pay for. On the other hand, they are considering excusing agritourism businesses for their negligence. One step forward, two steps back.

Someone needs to call their legislators.

 
 Bill Clark, GTLA Legislative Coordinator [31:06m]: Play Now | Play in Popup | Download (627)

Bobby Saxon, Democratic Congressional Candidate, 10th GA

This is my second interview with Bobby Saxon. It was the day after the 5th anniversary of invasion of Iraq and I still find it hard to believe that this country has been involved in this mistake of arrogance that damn long. I might not be as perturbed if I hadn’t seen the video clips of Bush telling us it is still going great and victory is just down the road. Yeah, and the economy isn’t in a recession and gas will never reach $4 a gallon.

Thank Goodness, there are only 305 days left of him and then he is consigned to the cesspool of the worst American President. I just hope I live long enough for history to actually judge him.

But, back to Bobby. As a veteran, Bobby’s understanding of our situation in Iraq is truly refreshing. He appreciates the need to leave Iraq, to do so as quickly as possible, but in a way that does not endanger the troops. He also thinks the troops probably reflect the same divisions and sentiments as the American public. I don’t believe in blind loyalty out of uniform, but I respect the loyalty of the troops because they (and their families) may be the only Americans that have earned the right and paid the price to have an opinion.

However, the issue on everyone’s mind recently is the economy. Who would have thought that Bear Sterns would be history in March 2008? Believe it or not, it still has a website.

If you are interested in who is elected to Congress from the 10th, listen to the interview and visit Bobby’s website.

 
 Bobby Saxon, Democratic Congressional Candidate, 10th Dist. [28:33m]: Play Now | Play in Popup | Download (1330)

Robert Nowak, Democratic Candidate, Congress GA-8th

It takes guts to take on the incumbent candidate of your own party, but that is exactly what Robert Nowak intends to do: challenge Jim Marshall for his seat in Congress! (By the way, you pronounce his name just like “Novak.” It’s Czech. Robert’s grandfather immigrated to America at the turn of the 20th century.)

Robert grew up in Vermont, but his mother is originally from Peach County, Ft. Valley. He has now lived in Macon for about 6 years. He has previously lived in Atlanta, and traveled around the world. Robert’s background is as an educator and he has taught all the way from second grade to college. It was math and computers in Northern Ireland and the Middle East. He has also been involved in international sales in the Middle East. He lived in Saudia Arabia for two years. With all of this experience in the world market, Robert feels more than prepared in the international arena.

This race is, however, his first effort at electoral politics.

Now why would anyone want to challenge the incumbent of their own party? Well, in this case Robert thinks Marshall is insensitive to the needs of the base of the Democratic Party, the working American. According to Robert, Marshall’s votes against the S-Chip Program (Health Insurance for Kids-Peachcare), Head Start and the Clean Air Act, have not benefited the people of the 8th District. He also points to Marshall’s support for the War in Iraq as being more in line with the Republican Party, than with the majority of Democrats.

He understands that Marshall is voting conservatively because it may take that to get re-elected in the 8th, but Robert believes it is time to have someone represent the 8th based on principal, not the practicality of re-election. He intends to give the people of the 8th District a real choice in November.

Of course, to get to November Robert has to get through the Democratic Primary to be held July 15, 2008. It will take work and, of course, money. Robert is trying to raise at least $150,000.00 for the effort to unseat Marshall.

The 8th District is 21 counties big, running from Newton County in the north to Colquitt County (Moultrie) in the south. (BTW, Moultrie is the home of GriftDrift.)

Robert’s believes there is a lot of dissatisfaction among Democrats in the 8th. A lot of them don’t even see the need to vote if the only choice is between Marshall and a Republican opponent. (With about an 18% approval rating for Congress in general, there must be a lot of dissatisfaction everywhere!) A lot of people, including Robert, disagree with Marshall’s support for the Iraq War, which is a totally different issue from supporting the troops who are over there doing the job they were given. My philosophy: Support the Troops, To Hell with the War!

The issues that concern the 8th are the same for all of us: the economy, immigration, health care, education, just to name a few. We did not have time to discuss these in much detail, but you can check out his position at his campaign website.

Since immigration is an important issue to me and since I think both the national Democratic and Republican parties are going to sell the American people down the river when it comes to immigration, I was very interested in Robert’s thoughts about immigration. He agrees that America, just like any country, has to be able to control who comes in. The first step is to stop the influx, and enforce work laws. He does recognize the need for an effective temporary worker program for industries, (like the Vidalia Onion harvest) that need them.

Robert believes it is time for a change, time to rejuvenate the Democratic Party and get back to basic values. Amen to that!

 
 Robert Nowak, Democratic Candidate, U. S. Senate-GA [30:26m]: Play Now | Play in Popup | Download (651)