WEEKLY LEGISLATIVE REPORT – March 17, 2006

House members vote to keep politics out of HOPE

By Rep. Hugh Floyd

A misleading constitutional amendment proposed by Gov. Perdue met its demise on the House floor this week. House Resolution 1045 would have amended the constitution to limit lottery revenue exclusively to Pre-Kindergarten programs and the HOPE Scholarship thereby permanently excluding the allocation of funds, when available, toward K-12 technology and capital outlay needs.

A 1998 amendment already prioritizes lottery revenue for Pre-K and HOPE Scholarships, exposing HR 1045 as an election-year gimmick by the Governor, who voted against the creation of HOPE when he was in the legislature and has attempted on numerous occasions over the years to restrict and cut scholarship dollars. 

House members also put the brakes on the Governor’s proposed constitutional amendment that could have led to public education dollars being funneled to private schools in the form of vouchers. HR 1345 was touted as a necessary measure to allow the state to provide funding for faith-based organizations that provide social services.

I certainly support this type of faith-based funding, but recent court rulings have already upheld the ongoing practice, so there was doubt as to whether a constitutional amendment was necessary. The legislation probably would have passed easily if its supporters had allowed it to be amended with language specifically prohibiting state funding of private school vouchers.

Since they were unwilling to do so, a chorus of opposition rose up against the proposal, ranging from the Georgia PTA to the Georgia Council on Moral and Civic Concerns, an alliance of the state’s Southern Baptist and United Methodist Churches.

A similar, thinly veiled effort to constitutionally authorize vouchers was defeated in the Senate on two occasions last year.

The House also approved legislation that includes two of original proposals that I co-sponsored, addressing criminal gang activity and keeping public school students safe while on campus. Provisions from HB 130 and HB 465, both of which I co-sponsored during the 2005 session, were included in legislation (HB 1302) overwhelmingly approved by the House and sent to the Senate.

These bills supplement legislation we passed in 2003 that provides for the use of inmate labor to clean up gang graffiti and is already making a difference. I am pleased that the provisions of these bills, which are co-sponsored by a bipartisan team of Gwinnett legislators, are a step closer to becoming law.

School safety is addressed by HB 465, which would make loitering or trespassing on school property during the school day an aggravated misdemeanor offense. Visitors to elementary, middle and high schools in Georgia would be required to report to a designated local, sign in and state a reason for his or her presence at a school. The bill was favorably reported on three separate occasions by the House Public Safety & Homeland Security Committee.

Our ongoing effort to fight criminal gang activity is addressed by HB 130, which would give law enforcement officials more options to crack down on street gangs and gang-related activities. This legislation would impose strict criminal penalties on gang members who commit felony offenses or mark property with graffiti.

These proposals will go a long way toward making our homes, streets and school campuses safer for law-abiding Georgia citizens and students. I am hopeful the Senate will agree, and Gov. Perdue will sign these provisions into law.

I am pleased to report that the House agreed to an amendment that would provide a $100,000 exemption for Medicaid patients whose property would be subject to the Department of Community Health’s (DCH) estate recovery program.

The Perdue administration’s plan, which takes effect May 1, responds to a federally mandated initiative that requires the state to recoup Medicaid assistance incurred by nursing home patients. DCH has been formulating the program’s regulations for more than two years and recently mailed out 40,000 letters to Georgians receiving long-term care.

Originally, HB 1473 exempted estates valued at $25,000 or less, but the adopted amendment increased the cap threshold to $100,000. Although I still have concerns over the Governor’s estate seizure program, the House’s agreement to raise the exemption level will keep thousands of Georgians and their families from having to decide between giving up Medicaid or losing their homes.

Merchants would be prohibited from selling customer billing under a measure unanimously approved by the House. Recently, outrage ensued following media reports of a website that offers the same detailed billing statements that consumers receive every month. Under HB 1290, illegally giving or receiving a customer’s phone records would garner a maximum penalty of up to 10 years imprisonment or a $250,000 fine. The measure was applauded by the telecom industry.

The House also passed a measure enabling hospices to extend care up to two years for terminally ill patients. Because of Medicaid and Medicare reimbursement guidelines, current law limits applicable hospice care to six months. HB 1008 passed 159-3 and now heads to the Senate.