WEEKLY LEGISLATIVE REPORT – March 10, 2006

House approves eminent domain restrictions

By Rep. Hugh Floyd

Addressing the issue of eminent domain, the House of Representatives voted 173-1 to adopt a measure aimed at protecting private property owners from eminent domain condemnations. House Bill 1313 is the Georgia legislature’s answer to the Supreme Court’s ruling that upheld a Connecticut town’s ordinance authorizing the seizure property in the name of economic development. HB 1313 now awaits Senate approval.

To head off any future legislative attempts to expand eminent domain – such as Senate Bill 5, which was pushed last year by the Republican leadership – House members also approved a companion constitutional amendment reining in far-reaching condemnation powers of local government. If approved by the Senate, House Resolution 1306 would be added to the general election ballot in November.

House members adopted an $18.6 billion state budget plan for fiscal year 2007 including a 4 percent pay increase for educators and a long-overdue 7 percent increase for members of the Georgia State Patrol.

Budget architects made mention of a substantial state trooper shortage as the impetus for that recommendation by the House Appropriations Committee. An additional $1.1 million was put in for training more troopers, and $563,000 was appropriated for administrative staff at State Patrol posts so troopers can spend more time patrolling state highways.

In light of recent revenue increases, House Democrats offered a pair of amendments proposing even higher raises, but the measure was quelled by Republican opposition. Under this measure, teachers would have received a 5 percent increase, 7 percent for corrections personnel and law enforcement, and 4 percent for all other state employees.

The House budget, which now goes to the Senate, also opens up hundreds of slots for state residents waiting to get home-based care. The state’s mental health and developmental disabilities program got 1,500 new places, twice the number requested by the governor, along with 1,000 slots for home-based services for seniors and 152 new spaces for the independent care waiver program for those with disabilities and traumatic brain injuries. The House plan also includes funding for three new rape crisis centers, $500,000 to ease the work load of the State Ethics Commission and $450,000 to aid charter schools.

The House and Senate also gave final approval to the supplemental budget, which amends the $17.4 billion spending plan for the remainder of the current fiscal year ending June 30. An additional $444.6 million will be appropriated, including:

As a fiscal footnote, HR 1564 was also passed, placing a constitutional amendment on the November ballot. This would allow voters to decide if funds generated from novelty license plates should be reserved for their original intended purpose.

Stark estimates reveal that 100,000 of Georgia’s children are currently uninsured. As a remedy, bipartisan legislation was introduced this week. HB 1464 would provide health insurance for children whose parents make too much to qualify for Medicaid but not enough to afford comprehensive coverage.

The “Peach Care for All Children Act” would authorize the Department of Community Health (DCH), which, in addition to awarding medical coverage, would enlist the leverage of government in negotiating reasonable premiums with insurance carriers.

Besides being a great investment in our state’s future, HB 1464 symbolizes an attempt to reconcile the neglect of a demographic in long need of a break: Georgia’s working families whose only sin was making just enough to be disqualified from Medicaid services.

Another bill steering its way toward becoming law is HB 1090. If you grow weary of driving in never ending road projects this legislation should provide some relief. The measure would bar state contractors who fall behind more than 30 days on one state project from bidding on another contract until they complete their work. Other conditions beyond the contractor’s control such as delays for weather and utility arrangements would not be counted toward the 30 days. The agency in charge of the project would determine if the project is behind schedule. House members adopted HB 1090 unanimously.

The House also overwhelmingly approved litter control legislation aimed at keeping Georgia’s roadways and waterways clean. The bill, which heads to the Senate, would protect our waters by including specific penalties for dumping litter into any Georgia stream, river, lake or coastal water. It also would close clarify existing laws, close legal loopholes and stress personal responsibility in this important quality-of-life issue.

Monday will be the 30th legislative day of the 2006 session of the General Assembly. This is also known as “cross-over day” because it is the final day for bills to be passed by the House in time for them to be considered by the Senate this session, and vice versa. Any bills or resolutions failing to receive approval by then will have to be reintroduced in 2007. It will be a long day for lawmakers as the sponsors of dozens of pieces of pending legislation attempt to get their bills approved before adjournment.