HOPE Money for Military College?

A powerful Georgia lawmaker wants the HOPE grant to extend to the Georgia Military College. Augusta Republican State Rep. Ben Harbin says that the popular grant does not now extend to the military school, which describes itself as a "public-independent educational institution." The HOPE grant is available to students attending public tech schools or public colleges or universities.

(Associated Press)

Rep. Ben Harbin pleads guilty to reckless driving

State Rep. Ben Harbin was ordered to pay a $1,000
fine and perform 100 hours of community service after pleading
guilty to reckless driving.

Harbin, (R-Evans) was initially charged with driving under the
influence - also a misdemeanor - in May 2007. He was pulled over by
Atlanta police, who said the lawmaker slurred his words, had
trouble keeping his balance and smelled of alcohol after his 2003
Nissan Maxima hit a utility pole.

Harbin refused to take a blood-alcohol test at the time. He was
also charged with striking a fixed object and failure to maintain
lane, but those charges were dropped.

Harbin's attorney, Robert Highsmith, said Monday that he must
complete his community service within a year at any nonprofit
organization.

(The Associated Press)

Rep. Harbin's DUI arraignment delayed

The arraignment of a powerful state legislator on a DUI charge from last year has been delayed again, and the fact that he's a lawmaker is the reason.

Representative Ben Harbin (R-Evans) was scheduled for an arraignment in Atlanta Municipal Court this week.

But Robert Highsmith, Jr., Harbin's attorney, says a statute requires courts to continue cases involving legislators -- whether they be defendants or witnesses --if they're needed for legislative business.

The continuance happens as the legislature prepares to go into session next week.

His attorney says it's the fourth or fifth delay since May, when Harbin was arrested on the charge in Atlanta.

Harbin is chair of the House appropriations committee.

For more information about the statute, go to www.lexis-nexis.com/hottopics/gacode/default.asp. The statute number is 17-8-26.

Lawmakers seek Grady audit

Two state Representatives want a closer look at the finances of troubled Grady Hospital in Atlanta. Marietta Republican Sharon Cooper and Evans Republican Ben Harbin sent a letter to other lawmakers seeking a full audit of public funds received by Grady. Grady is the state’s main trauma care hospital, but says it’s out of money and could close by the end of the year. The state legislature doesn’t have the authority to do a full audit, but the research will focus on state grants given to Grady. Lawmakers have scheduled a meeting on Grady’s future for next week.

Republican leaders exchange written threats

A letter has renewed the budget battle between top state lawmakers and Gov. Sonny Perdue.

Six of the state's most powerful legislators—all Republicans—have sent a memo to state agency heads warning them not to stray from the budget passed by the General Assembly back in April.

That bill contained lawmaker's instructions on how agencies should spend their money. But Perdue told agencies to disregard it. He says the state constitution does not give lawmakers the authority to issue spending instructions.

In this memo, Sens. Eric Johnson (R-Savannah), Tommie Williams (R-Lyons), and Jack Hill (R-Reidsville), and Reps. Mark Burkhalter (R-Duluth), Jerry Keen (R-St. Simon's Island) and Ben Harbin (R-Evans) remind agencies that the General Assembly hold their purse strings, and will not hesitate to tighten them in January, when the legislature revisits the state budget.

Here is an excerpt from the memo:

You should be aware that any expenditure conflicting with the intent of the appropriation jeopardizes our confidence in your ability to act as a proper steward of public funds. In writing the 2008 Amended Budget, we reserve the option of reducing or eliminating funding for your agency by that amount.

Confused agency directors called Perdue's office. The governor shot back at lawmakers with his own letter.

An appropriation consists of (1) a recipient, (2) a purpose, and (3) an amount. Language beyond these three criteria is neither authorized by constitutional or statutory law, nor is it binding….In sum, it was within my authority to strike certain earmarks because the information language is not part of the appropriation.

In other words, Perdue says that he is sticking to his guns. But his spokesman, Burt Brantley, strikes a conciliatory note.

"We want to work issues out with the legislature," he says. "We do not want agencies to have to choose between one or the other. That is a tough position to be in."

Brantley says lawmakers know the governor is willing to work with them. Perdue ends his letter by saying that his door remains open.

State House to consider helping Grady

Grady Health System in Atlanta is the biggest trauma center in the southeast, and may have the biggest bill to pay. Analysts say it needs more than $120 million before the end of the year to meet payroll.

House Speaker Glenn Richardson (R-Hiram) fears Grady's collapse could reverberate across Georgia.

"If you, like me, have been in a car crash, you will be taken to Grady," he says in a press release. "Unfortunately, Grady itself is now on life support. It would be highly irresponsible for us to let this hospital continue operating as it is currently."

Richardson has assembled a panel of lawmakers to study the problem and recommend fixes. He says they will look at all the possibilities, including "appropriating funds if that's necessary, under a contract for services to the remainder of the state."

The Georgia government does not fund Grady. Services are subsidized by Fulton and DeKalb county taxpayers, although patients come from all of Georgia's 159 counties.

More than 75 percent of patients are on Medicaid; most of the others are uninsured. Recent reports also have blamed poor management and aging infrastructure for Grady's woes.

The five state representatives appointed to the study committee are: Sharon Cooper (R-Marietta), who is a nurse; Ben Harbin (R-Evans), who chairs the House Appropriations Committee; Melvin Everson (R-Snellville), Penny Houston (R-Nashville), and Pam Stephenson (D-Atlanta), who is a Grady trustee.

State lawmaker arrested for drunk driving

Police say Georgia House Appropriations Chairman Ben Harbin (R-Evans) crashed his car into a utility pole in downtown Atlanta early Sunday morning. Harbin now faces charges of driving under the influence. He is out of jail on bond.

Colleagues say the incident is completely out of character.

"He's never had any problems whatsoever in the past like this," says Rep. Barry Fleming (R-Harlem). "He is one of the hardest working elected officials that I know and he serves his people very well. I would think that one instance like this is an aberration."

Fleming is part of the House leadership team, and he expects members will wait to hear all the facts before considering whether Harbin should lose his chairmanship. Harbin now leads the committee responsible for writing the $20.2 billion state budget.

A spokeswoman for House Speaker Glenn Richardson (R-Hiram) refused to comment.

"I do not have any details on this situation," says Clelia Davis. "It is a personal and legal matter."

But Tom Crawford, editor of Capitol Impact.com, thinks, in the end, Harbin will keep his plum assignment.

"No legislator has been force to lose his committee chairmanship," Crawford notes.

Most recently, Rep. David Graves (R-Macon) was arrested twice, in 2004 and 2005, for driving drunk. He resigned his chairmanship of the committee that oversees liquor regulations. The scandal that followed also led Graves to decide not to run for re-election.

In 2000, however, then-Senate Appropriations Chairman George Hooks (D-Americus) was arrested for DUI. He checked himself into a rehabilitation center and resumed his duties, Crawford recalls.

DUI charge for State Rep Harbin

State Representative Ben Harbin is facing a DUI charge after an incident early Sunday morning. Police say Harbin’s car hit a utility pole around 1am Sunday near the Oakland Cemetary just outside downtown Atlanta. The car went 40-50 feet before coming to a stop. Harbin, who was traveling alone, was taken to Grady Memorial Hospital as a precaution.

A Republican from Evans, Harbin is chairman of the House Appropriations Committee, which is a key group in overseeing how the state’s budget is spent.

House stands by its budget in spite of Senate

House and Senate GOP leaders show no signs of compromise in the weeklong standoff over the midyear budget, which dictates state spending through June. The Senate says the House’s midyear budget spends millions on nonessential projects, such as the "Go Fish" tourism program. Senate leaders say those items are better left to next year’s budget. In response, House Appropriations Chairman Ben Harbin (R-Evans) says the upper chamber is standing on politics; not principle.

“It’s not about providing more efficient services. It’s not even about keeping campaign promises. It’s about politics, ambition and leverage,” says Harbin. House members voted to send their budget bill—as is—to the Senate with a note saying “urgent attention required.”

Lt. Gov. Casey Cagle says the Senate will release its own budget instead. “The Senate will have our version of the budget publicly available in less than 24 hours,” Cagle says in a written statement. “I look forward to working closely and cooperatively with the House to resolve our different positions on state spending.”

Money for the Peachcare child health program, public defense, and tornado-stricken areas is at stake.

State House and Senate standoff over budget

No sooner had the State House passed the midyear budget, than representatives learned they had a problem: too much pork, according to Lt. Gov. Casey Cagle and Senate leaders.

In a statement, Cagle says the amended budget should be “reserved for limited spending on urgent matters.”

The House version would send more funds to the Peachcare and public defender programs, which are both running out of cash. But it also contains money for tourism projects, like Governor Sonny Perdue’s “Go Fish” initiative to add boat ramps and other amenities for anglers.

“We have all advocated that the amended budget should be for mid-year education adjustments and emergencies only,” Senate Speaker Pro Tem Eric Johnson (R-Savannah) said in a written statement. “We are not opposed to the projects and proposals put forth by the Governor or the House. We simply believe they should be debated within the FY 08 budget."

House members were not pleased with the Senate’s stand.

“For them to come here at the last minute with this little game, it’s unfortunate,” said House Appropriations Chairman Ben Harbin (R-Evans). “It doesn’t slow the process down, but it makes us have to work a little harder. But, if it’s the game they want to play, we’re going to make sure we send them a really good budget before we get it over there.”

Harbin says his committee will review the budget again tomorrow and Friday. But he stands by the House's product. As of now, he says, "nothing is negotiable."

The General Assembly must pass both the midyear budget and next year’s budget in the next 11 legislative days. It has delayed budgetary decisions because lawmakers wanted to know that the U.S. Congress would help fund Peachcare. Those assurances came last week.