Tag Archive for 'georgia-legislature'

GriftDrift: 2009 Legislative Sine Die!

Sine Die! If it were only true. Wikipedia has this description of “sine die:”

It is often used with regard to legislative bodies whose terms or mandates are coming to an end, as in “The One Hundred Third General Assembly of the State of Georgia closed its second session today by adjourning sine die.” This would mean that it is anticipated that this particular body will not meet again; the next session of the legislature would have a somewhat different membership, as some members would not be standing for election again, while others might not win their seats back. However, a legislative body may be called back into special session.

A corporate board might adjourn sine die if the corporation were being sold, merged, or liquidated.

Can we sell the Georgia Legislature? Merge them? With what? Liquidate? I like how that sounds, a certain ring of finality!

According to GriftDrift, James Williams, the Republicans managed to accomplish little, nothing on the important issues like transportation, while at the same time, alienating all the county commissions in Georgia and disappointing the business community.

How does a modern, 21st Century legislative body pass legislation that places the control of roads projects in one man appointed by the Governor? How do they decide that each road project in the state has to be approved by a general assembly that meets 40 days ever year? Yep, that is the essentials of the legislature’s attempt to dismantle the DOT and politicize road projects in Georgia.

And, they are still dreaming up some of the dumbest taxing ideas, like a 7% one time ad valorem tax on vehicles. That’s 7% in addition to the sales tax. I am sure the car dealers need that one to boost sales in these economic times.

This is no way to run a state!

The question is whether or not Casey Cagle will own up to this failure or put a “spin” on the poor performance during his gubernatorial campaign.

When will the people of Georgia wake up and realize the current Republican leadership is not worthy of this great state. We are going backward, not forward.

The Budget Woes: Pye in the Sky!

My apologies to Jason Pye for not posting this interview last week, but after the interview I had to leave the state. Really! (Business in Oregon, not because of the interview.)

Anyway, our discussion about the Georgia Legislature and the budget issues is still pertinent to everyone interested in understanding the stresses and strains of these times and the tension between the spenders (Me) and the tax cutters (Jason).

If you haven’t noticed, I have been in a blogging slump since Independence (Inauguration) Day 2009. Still trying to pull myself out of it. There is still hope, Friday is Good and Easter is coming!

You will have to listen to the interview. I am headed out of town again, but wanted to get this posted without further delay.

Cross Over Day With James Williams

I have just been out of it since the inauguration. What better way to get back than with the master or Georgia political analysis! Thanks Grift Drift!

This eclectic interview gives a sense of the subdued weirdness of the Georgia legislature this season. The shouting and brazen conflict of past legislative sessions has given way to conflicting agendas worked out in back rooms and committee meetings.

The Georgia Power bill to make taxpayers pay for the expansion of Plant Vogle brought the ire of conservative Republicans like Erick Erickson of Peach Pundit. Even with grassroots opposition, the bill passed anyway, and the cost, politically speaking, may not be paid until the 2010 elections.

The lame duck Governor had his misguided (actually corrupt) attempt to let drug manufacturers kill us without fear of consequences die in committee. His equally stupid idea of making losing litigants pay attorney fees passed after being gutted and field dressed. Just between you and me, I will be glad when “Perdue” makes me think only of real chicken.

With all the budget problems, the Republican legislators were saved by President Obama and the Democratic stimulus legislation. Were it not for those funds, the legislature might committed political suicide in cutting services, teachers and a whole bunch of other stuff. Even as it turned out, they may have alienated a lot of county governments just because they seriously contemplated leaving them out to dry by failing to reimburse them for the loss of revenue from the homestead exemption, Such a move would have put every county in the state in deep trouble.

The real question is what does all this mean for the 2010 elections? We may not know that until Roy Barnes announces his candidacy for the Democratic nomination for Governor.

Jason Pye On the Budget!

What better way to start the first day of the legislative session than an interview with a true fiscal conservative, Libertarian Jason Pye. And don’t forget to keep up with everything that will be going on under the Gold Dome at Georgia Legislative Watch. Jason and his crew have a daunting task trying to keep up with and inform the rest of us about bills which have been introduced.

For a quick overview of issues and positions, check GLW out!

The substance of our discussion focused on the economic and budgetary philosophies. Jason and I both claim to be fiscally conservative, but Jason has a lot more faith in the free market (the real free market) than I do (primarily because I have never seen a real free market). But we both agree there is a lot of pork that government pays for that we would have been better off if we, as a nation, had never gotten accustomed to.

Jason points out that with all the existing and proposed baleouts, our national debt over the next decade or so may exceed the value of all of our goods and services. He is concerned that fueling our fiscal excesses with money may not achieve the desired goals and may result in worse, unintended consequences. I share Jason’s concern. I think we are on dangerous ground no matter what we do.

The next 4 years are going to tell us a lot of things about America and whether or not as a nation we can chart a course that will successfully navigate these treacherous waters. That is going to take leadership. I am putting a lot of faith in the Obama Administration. There is no reason for me to have as much hope as I do, other than the fact that I desperately want him to succeed. But success does not mean that everyone has a job and lives happily ever after. Success means that we achieve a new sense of national unity, that we understand the benefits of community sacrifice to achieve goals and that we put the diseased excesses of the Bush mentality away from us.

Georgia vs. Tennessee: A River, It’s Water and the Law

This interview with Sen. David Shafer (R-48) is a good example of the benefits of communication. Lord knows I have my issues with Republicans (as a party, that is) and I am sure Sen. Shafer didn’t vote my way on tort reform in ’05. But, when I set up this interview with him to discuss the resolution he sponsored urging Gov. Perdue to get the northern boundary of the State with Tennessee settled after 180 years, I was pretty sure this was one of those hairbrained ideas that made no sense. I have certainly joked about joining the militia and invading Chattanooga. Jokes aside, this interview convinces me that it is a legitimate dispute which needs to be resolved.

There have been a lot of newspaper editorials and other commentaries criticizing the resolution primarily because it is what it is: a rather blatant power grab for water. Sen. Shafer doesn’t deny as much. Those that criticize it probably think it is a sleazy way to try to solve the water shortage in metro Atlanta. The idea is that Atlanta should resolve its water problems by realistically evaluating its ability to support development and growth and live within its means, water included. I don’t disagree with this either, but I am not sure it is a valid reason to ignore the northern border issue.

If you would like to know the history of this dispute, you can listen to the interview or you can read Senate Resolution 822 which enumerates the various surveys, resolutions and litigation between Georgia and Tennessee since 1818. There is one fact I want to make sure you are aware of: a lot of north Georgia land drains into the Tennessee River but, with the present location of the border, has no access to that water once it gets to the river.

Unless someone can add something to the factual scenario, it seems to me that two things are beyond dispute: (1) Congress established Georgia’s northern border and Tennessee’s southern border as the 35th parallel and that has never been changed, and (2) part of the Tennessee River flows through Georgia because the legal border runs along the 35th parallel.

Because these two statements are true, I cannot think of a single reason not to get the location of the northern border correctly established. If you are concerned about suddenly changing the citizenship of people who thought they were living in Tennessee, that is probably a legitimate concern. However, as Sen. Shafer makes clear, he has no real desire to annex citizens of Tennessee into Georgia. All Tennessee has to do is negotiate a resolution that gives Georgia access to the Tennessee River and only squirrels and possums will have to find a new polling precinct.

I doubt there are many of us who would agree to give up our land without a fight. People fight over boundary lines all the time. People fight over inches, feet and acres and spend thousands enforcing their claims to land they believe they own. While in any particular case, the cost might be considered a waste of resources, the same cannot be said of what is at stake with regard to correctly locating Georgia’s northern border.

What is at stake? The future. This issue has waxed and wained for 190 years and has yet to go away. Ignoring it once again will not make it disappear this time. I appears the main reason it has once again come to our attention is directly related to the impact of the drought in Georgia. Do you think this is the last drought? If the current drought ends tomorrow, it will not be forever. In 20 or 30 years there will be twice as many people in Georgia, and most of them will not be in Buckhead. As populations increase worldwide and within each of the United States, competition for scarce resources, including water, will only increase.

With the climate changing, droughts recurring, none of us know the needs of the future. To fail to secure a legitimate resource, to fail to even try, may well be looked upon as a disatrous failure 30 years from now. Until the issue is resolved, once and for all, this issue of access to the Tennessee River will come back, again and again. Talk about a waste of resources. If anyone thinks Georgia’s claim is invalid or barred by the passage of time, fine, but until the Supreme Court of the United States says so, it ain’t so. Thirty more years of delay will not make Georgia’s position more justified. Whether the issue is resolved by a negotiated settlement or by a Supreme Court decision, it needs to be resolved, sooner, not later.

That seems to me to be the only responsible course of action.

Georgians for Gun Safety: The Other Side of the Mountain!

The Second Amendment, the right to bear arms, is one of those “issues” where people on both sides believe they are right, as well as misunderstood. In case you have forgotten, it provides: “A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.”

In my recent interview with John Monroe of Georgia Carry.org, he explains the confusing and restrictive nature of Georgia’s gun laws. In this interview, Alice Johnson, Founder of Georgians for Gun Safety, makes it clear, her organization is not against the Second Amendment, but does have legitimate concerns about the new Georgia law, HB 89, that allows people to carry concealed weapons into restaurants, public parks and onto public transportation.

I may be wrong, but as I understand the threshhold issue, defenders of the Second Amendment believe that if the right to own a gun is a constitutional right, then just about any infringement or regulation of that right is unconstitutional. There is some degree of logic to that argument, but it certainly flies in the face of common sense. Common sense tells me that guns are dangerous. Experience tells me that there are a lot of crazy, nutty people out there. Logic tells me that I don’t want some people to have a gun, constitutional right or not. I don’t feel the same way about any of the other rights bestowed by the “Bill of Rights.” I want people to have the absolute most freedom of the press and freedom of religion that there can possibly be. Same for freedom from searches by law enforcement. Take a double portion, please.

As Alice points out, it makes little sense that the people that use a gun everyday as part of their job, law enforcement, are required to undergo a significant degree of training in the handling of a gun, BEFORE they use it. And yet, in Georgia, unless you are disqualified from buying a gun (felony conviction, etc.), once you own it there is no requirement that you undergo any training before you get a permit to carry it as a concealed weapon. The reason this makes no sense to me is this: Assuming that the only reason for carrying a concealed weapon is personal safety, isn’t some degree of training essential to that safety, if not for you, then at least for me? Is your carrying a gun supposed to make me (everyone else that is around you) less safe?

Alice gives a lot of reasons why the new Georgia law (as well as others) doesn’t do anything to balance gun ownership with gun responsibility. The one that really makes you think is the fact that under the new Georgia law, law enforcement has no input into the decision as to whether or not any particular individual should or should not get a permit to carry a concealed weapon. I am sure we all know people who may have never been convicted of a felony, but who are constantly in trouble with the law for this or that, or who are just mean, short-tempered, hot-headed and maybe even nuts. The fact there are such people certainly should not prevent me from owning a gun, but that doesn’t mean they should own one, much less have a permit to carry it concealed.

If you know such people, think what law enforcement knows, who they know, who is always involved in domestic violence, who is a trouble maker, who has no business carrying a gun. And yet, the Georgia legislature (which would certainly seem to be pro-law enforcement generally) has completly castrated law enforcement in this instance. In doing so, they have endangered all our lives.

Without a doubt, giving law enforcement power over who can carry a gun has the potential for abuse. Without a doubt there is a mechanism by which that abuse can be lessened: the courts. But my point is simply that it defies reason to make the knowledge and information of local law enforcement irrelevant to the determination of who should have a permit to carry a concealed weapon.

Now, this does not mean that once the new law goes into effect on July 1, 2008 there is going to be a rash of shootings involving people carrying concealed weapons into public parks, restaurants, and onto public transportation. Probably won’t be. But, I think it can be said without a doubt that someone will get a permit to carry a concealed weapon who shouldn’t, someone that local law enforcement would know should not have a concealed weapon (maybe any weapon). And, I am equally certain that at some unknown time in the future such a person will misuse the gun they never should have had. There will be at least one killing, one life taken.

I don’t know whether it will be you, but I doubt it will be me. We never think it will be us. We always think it will be someone else. I guess it will be you! And when that death occurs, the spouse, the children of the innocent victim won’t be able to sue Tim Bearden, (R-68) the legislator (and member of Georgia Carry) who sponsored the bill or anyone associated with the passage of this legislation. They won’t be able to do anything about the fact that by simply giving law enforcement input into the process might have prevented their personal tragedy.

But maybe, a few unnecessary deaths will get the law changed. I just hope it ain’t mine.

The Beach at Jekyll Island: A Hopeful Reprieve

Sometimes, it’s not whether you win or lose, but whether you fight. Such is the saga of the effort to save the beach at Jekyll Island. In this interview, Sen. Jeff Chapman (R-3) and David Egan of The Initiative to Protect Jekyll Island, explain the cautious victory that has materialized out of defeat in the effort to get the Georgia Legislature to care about preserving Jekyll.

To summarize, it was last June, 2007 that the Jekyll Island Authority solicited proposals for the development of a 45 acre tract of land on Jekyll Island. That began a flawed, if not corrupt, bid process that resulted in a display of arrogant hanky-panky by the JIA, the award of a development bid to a big-time Republican contributor (Mercer Reynolds), a lawsuit by a disappointed bidder, and an effort by Sen. Chapman to get the Georgia Legislature to demonstrate leadership in protecting the open beach at Jekyll.

When the Georgia Legislature failed to care, the JIA announced that it had decided to “do the right thing” and relocate the proposed development so as to not interfer with the beach. This change of heart is not, in my opinion, due to any virtue of the JIA. Rather, the JIA is trying to make it appear it has heard the public and is now going to do the right thing. Bah, humbug. All the JIA is doing is trying to spin the recent action by the Georgia Department of Natural Resources which declared the beach area within the proposed development to be subject to the Georgia Shore Protection Act. What does that mean? Simply, the JIA can’t develop the area.

So, what is the lesson to be learned from this effort at Jekyll Island? Several things.

First and foremost: Many of the independent boards in Georgia don’t work, at least, not when it comes to protecting our natural resources from abuse by developers. Remember the ejection of Sally Bethea from the DNR Board last year! Gov. Perdue appoints the members of the JIA, as well.

Second, the only thing that is ever going to keep developers from developing your back yard is the law. This battle was lost, but for the Georgia Shore Protection Act which was passed more than 20 years ago when environmental issues received a little more attention prior to the push to develop every foot of land in Georgia.

Third, the Georgia legislature is virtually useless when it comes to doing the right thing. They refuse to correct their mistakes, such as the immunity they gave emergency room doctors and hospitals in 2005. They refuse to protect much of anything if it doesn’t affect their pocket book or improve their chances for re-election. They just don’t care. These arrogant self-promoters (and let there be no mistake, I am referring to the Republican leadership, particularly in the House under His Royal Sinus, Glenn Richardson) favor business interests in all things. Their mistress is the Chamber of Commerce, not the people of Georgia. They pass tax breaks for business in a year when they could not pass tax reform for individuals, and they did it in a year when, due to the Bush recession, no one should have gotten a tax break. They want to eliminate property taxes because they own so much commercial and investment property they would love to be able to pass that tax burden onto the average Georgian that owns a house by fooling him into paying more, much more, in sales taxes, under the guise of eliminating the property tax. They favor insurance companies and always make education the first victim of budget cuts.

Last but not least, fighting the arrogance of the JIA and other state agencies and boards is, ultimately, worthwhile. You just have to be strong enough to let the battle play out and every once in a while something unexpected will save the day.

Three cheers to Sen. Chapman and David Egan and everyone who supported the effort.

Lazy Thoughts: GriftDrift and Me!

In an effort to be timely, here is an interview I did April 3rd with James Williams a/k/a GriftDrift. Back from fishing in a secret place in the Gulf of Mexico, we share thoughts on the leadership of Barack Obama, before heading into a general discussion about the Georgia legislature and the Georgia Senatoral campaign.

BTW, James just had a birthday and after a not so subtle hint, I guessed the year he was born. I was a junior in high school.

Terroristic Threats Against Schools!

I had not thought much about bomb threats against schools until a few weeks ago we had one in Toombs County (Vidalia actually). Apparently, it is a bigger problem than many of us might realize. So big, in fact, that Senator Ed Tarver (D-22, Richmond) has sponsored a bill introduced a couple of weeks ago dealing specifically with kids who make bomb threats against schools. And if you think that’s something, this bill, SB-521, also seeks to hold the parents accountable and responsible for the costs associated with dealing with such threats.

According to Senator Tarver, it can cost local schools anywhere from $2,500 to several times as much in having to deal with bomb threats. These costs come out of limited educational funds. I was concerned about the idea that parents were responsible for this cost, but Senator Tarver says the intent is to recover the costs from parents who have repeatedly refused to deal with a problem (their child). Sounds like it has some constitutional due process problems to me.

As for the kids, all of this is still handled in juvenile court, but the twist is that if the juvenile is found to be deprived, they can lose their driver’s license until age 21.

I certainly don’t want to appear soft on people who make bomb threats, but I must admit that I was somewhat surprised that this legislation is sponsored by a Democrat. Why? I don’t know, but I guess it is because it seems to focus on punishment and collecting money from people who probably can’t afford to pay it, rather than doing anything to help a kid before he gets to the point of making a bomb threat. I must admit that Senator Tarver shocked me when he said that a lot of these threats come kids in middle school, 7th to 9th grades.

He indicated that this legislation probably would not pass this year, but it will get the issue ready to pursue next year.

At the end of the interview, I asked Senator Tarver if there was any particular accomplishment in the legislature this year that he was proud of. His response, an additional $70 million in funding for trauma centers in the State. That sounds like a good thing to me to!

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?