Special Edition
2010 SESSION FINAL EDITION
The Session began with the election of a new Speaker of the House, after the resignation of Speaker Glenn Richardson (R-Dallas) and the stepping aside of his replacement, Rep. Mark Burkhalter (R-Johns Creek). Rep. David Ralston, a Republican lawyer from Blue Ridge and former member of Georgia's Senate, took the helm of the House as its newly elected Speaker and guided it safely through the historically long 100 days of work. Speaker Ralston did a remarkable job, providing a cool and calm atmosphere even when the Capitol "seas" were rather stormy because of the funding needs of the State. With Speaker Ralston's election as the new leader of the House came other new leadership assignments as well. All of these changes led to a calmness and both chambers appeared to work more with a cooperative spirit with each other and the Governor, rather than fighting.
Where we have been
While having new leaders in the House caused an initial stir of sorts, there were other changes that took place.
In the midst of the Session, several Lawmakers resigned to pursue other offices, including Rep. Tom Graves (R-Ranger), Sen. Lee Hawkins (R-Gainesville), and Sen. David Adelman (D-Atlanta). Rep. Graves and Sen. Hawkins pursued the 9th Congressional seat with Rep. Graves winning the seat in June. Sen. David Adelman became a President Obama appointee, as the new United States Ambassador to Singapore.
The General Assembly did tackle some public policy initiatives. They passed laws such as:
- A sustainable source of funding for a true trauma network in the State, creating a Constitutional Amendment so that voters can make the final decision on whether or not to impose a fee to fund this trauma network;
- An amended seatbelt law which now requires individuals in pickup trucks and sport utility vehicles to comply with Georgia's safety belt requirements (there is an exemption from this requirement when these vehicles are used for farming purposes);
- A compromise statewide transportation funding plan;
- A prohibition against "text messaging" while operating a motor vehicle; and
- A revised "lawful carry" of guns law.
Several of these provisions reflected the new cooperative atmosphere as some of these measures had failed in prior years.
The General Assembly also passed a rewrite to Georgia law on its "trusts and estates laws" but it could not move forward HB 24, the State Bar of Georgia's proposal to adopt a new Evidence Code. Moreover, Georgia could not pass a new Juvenile Code Bill, SB 292.
Two of the issues which caused a great deal of debate, and angst, were the sustainable funding idea for a trauma treatment network in Georgia and a transportation funding plan. Both of these issues had lingered for the last few years with no resolution reached. This year, likely in part because of new leadership in the House, both achieved resolution. Those initiatives were SR 277 and HB 277, respectively, and their details are noted in the Report below.
There were also several initiatives proposed which made the news that "died" at the end of the Session. Some of those which failed included:
Governor Perdue's Bill, carried by Sen. Don Balfour (R-Snellville), which would have altered teachers' pay by essentially rewarding those teachers who had students that performed well (SB 386);
- Another education proposal would have expanded Georgia's education voucher initiative by not only permitting children with disabilities to receive those vouchers but also children who were children of military parents or those who were in foster care (SB 361);
- Governor Perdue's cross-state selling of health insurance policies (HB 1184 and SB 309);
- A Georgia Right to Life proposal to make it a felony for physicians to perform abortions when the patient was having the procedure because of race or gender or because the patient was coerced; and
- Governor Perdue's idea to permit future governors the authority to appoint high level State officers such as the commissioners of agriculture, education, insurance and labor (SB 393).
After the lengthiest Session in Georgia history, the General Assembly finally passed a Budget for FY 2011. The Budget was the "elephant in the room" the entire time Lawmakers were "in residence" this year. This elephant made its needs known because of the economic downturn and declining State tax collections. While Lawmakers trimmed many areas of State spending, they still passed a Budget which will utilize $17.9 billion in State funds to meet Georgians' needs in the areas such as education, health, public safety and transportation. The FY 2011 Budget is now at the level the State was spending in FY 2008. Federal stimulus money helped avoid cuts that lower State revenues would have otherwise demanded.
Download the full Gold Dome Final Edition PDF at the link below.
http://www.nelsonmullins.com/DocumentDepot/Gold_Dome_2010_Final.pdf
Please contact Stanley S. Jones, Jr. or Helen Sloat 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.