Reflection and Prioritization
This morning a Joint Session of the House and Senate was convened at 11:00 a.m. This "speech" is the traditional time for the Governor to deliver his remarks on what will be his legislative and budget priorities for the Session. However, this morning, Governor Perdue changed things up a bit by taking time to reflect on what the course of our country has been and what he believed our State's priorities should be. He made these remarks, noting that no Budget for a Supplemental FY 2010 or FY 2011 would be released. He later commented that perhaps his Budgets would be ready on Friday.
Governor Perdue, after a gracious introduction by newly named Speaker David Ralston, recognized the many guests seated in the House Gallery. Speaker Ralston had also taken time to honor Governor Sonny Perdue for his service to Georgia, with the Clerk of the House reading HR 1113. Governor Perdue opened his remarks by delivering a very heartfelt message to his best friend, First Lady Mary Perdue, and to his children and grandchildren present.
Governor Perdue remarked that Georgia had seen a lot during his tenure as Governor, including many Georgians being dispatched to serve in the war in Iraq, the historic drought, and the downturn of the economy.
He reminded Lawmakers that Georgia's challenges are real and that they should look back to our country's founding fathers. Those founding fathers exhibited courage and optimism and had undying spirit. He also reminded Lawmakers of the time of December 3, 1776 and the battle of Trenton when President Washington quoted Thomas Paine's Pamphlet Cases, noting that these are definitely the times that try men's souls. Thus, it would be a failure not to do the hard thing, but the State government is presently spread too thin.
He urged lawmakers to recover the spirit of the loving, sacrificing father as there is honor in sacrifice. Since his tenure of Governor began, he has focused on a culture of conservatism. He urged Lawmakers that now was the time for Georgia to reject a frivolous instinct and create a better Georgia. Thus, we need to redefine responsibilities of State government and apply that definition to every crevice of State government.
Governor Perdue said that such an action began with education in Georgia with the implementation of IE2, instead of preserving the status quo. He also cited that tying teacher pay to performance is commonsense, which he will seek to do with Legislation this Session.
State government is to protect those who cannot protect themselves. One area that Governor Perdue has made a priority for the Supplemental Budget includes mental health. His interest in mental health is not being driven by mandates but from a moral mandate that we are our brothers' keepers. The Governor stated that with the creation of an agency whose sole focus is caring for the mentally challenged and developmentally disabled, the State has developed a plan that will stabilize hospital staffing and improve care in our institutions. He will propose $20 million for FY 2010 Supplemental and an additional $50 million in FY 2011.
Another priority will be the team of State employees, including the teachers, case workers, law enforcement, and agency personnel who have worked hard. He thanked them for their efforts and increased workloads.
Governor Perdue remained silent on transportation and other healthcare issues.
House
The House took up no business today in anticipation of the Governor's State of the State Speech; however, members did have a moment of silence to remember the workplace shooting victims in Kennesaw and the earthquake victims in Haiti.
Senate
Atlanta City Council President Ceasar Mitchell paid a visit to the Senate today to confirm that the City of Atlanta is ready to work with the General Assembly on issues facing Atlanta, as well as statewide problems.
New Legislation
HB 934 – Rep. Kevin Levitas (D-Atlanta) offered an amendment to O.C.G.A. § 50-5-58 to provide that the Department of Administrative Services will not have the "power or authority to make any agreements for the purchase of supplies, materials, equipment, and services through the department mandatory unless such agreements are awarded by competitive sealed biding or competitive sealed proposals conducted by the Department of Administrative Services. If passed, it would apply to agreements entered into by the Department on or after July 1, 2010.
SB 307- Sen. Judson Hill (R-Marietta) authored the following Legislation, which would amend Chapter 2 of Title 20 of the Code. A new Code Section would be added allowing teachers more leverage in the classroom. School board members and administrators will be required to respect the right of a teacher to exercise independent thought and to express constructive criticism in an appropriate and professional manner. If in the professional judgment of a teacher, a student needs to be removed from the regular classroom because of the student's misconduct is disturbing the other students, the administrators must then respect the teachers judgment. Additionally, each teacher be able to participate in annual evaluations of each administrator at his or her school, and teacher of the year votes will be anonymous.
SB 308- Sen. Mitch Seabaugh (R-Newnan) offered amendments to Title 16, expanding where permitted gun owners can carry their weapons. Under these changes, permitted carriers would be allowed to carry their guns into bars, college campuses, churches, certain areas of the State Capitol, and parts of Hartsfield-Jackson Atlanta International Airport. Sen. Seabaugh stated his intention is to make the current "carry" law easier to interpret for law enforcement officials and gun owners.
SB 309- Sen. Judson Hill (R-Marietta) authored the following changes to Chapter 3 of Title 33, seeking to increase the availability of health insurance coverage by allowing insurers authorized to engage in the business of insurance in selected states to issue accident and sickness polices in Georgia. The selected out-of-state insurers issuing polices in Georgia will not be required to offer or provide state-mandated health benefits required by Georgia Law.
Committee News
New Chairs are to be named for the House Committees. We hope to have that list for you in tomorrow's report.
On the Senate side, Lt. Governor Casey Cagle has named Sen. Dan Moody (R-Roswell) to chair the Senate's Ethics Committee. That post had been vacated by former Sen. Eric Johnson (R-Savannah) who resigned from the Senate to focus on his bid for the Governor's Office.
House Judiciary Committee- Non-Civil
The House Judiciary Committee passed out a substitute for HB 538, authored by Rep. Tom Rice (R-Norcross). This Legislation would amend O.C.G.A. § 40-5-81, requiring defensive driving courses for misdemeanor traffic law offenses shall be certified by the Department of Driver Services. Certificates of completion from unlicensed defensive driving courses shall not be recognized.
Please contact Stanley S. Jones, Jr., Helen Sloat or April Morgan at 404.322.6000 for further information on legislative happenings. Gold Dome Reports will be available daily during the Session at www.nelsonmullins.com.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.