PSC Votes To Delay Chairmanship Matter

Today the Public Service Commission decided not to fight the state Attorney General. He disagrees with them on their plan to change how their chairman is determined. But three of the five PSC members disagree with his recent legal opinion, so the matter remains alive.

Last week, Attorney general Thurbert Baker told the Public Service Commission it was violating Georgia law. The PSC wants to elect its chairman, instead of a going by a state-mandated yearly rotation. In addition, the Commission wants to lengthen the chairman’s term from one to two years.

One of the two PSC commissioners who voted against the change, along with Chuck Eaton, is Bobby Baker:

"I was hoping the Attorney General's opinion would have eliminated any ambibuity regarding the commissioners previous actions on May 5th, and that they would have taken his advice to heart and eliminate this problem."

But instead, a cloud of legal limbo remains. Today’s PSC meeting sparked some back-and-forth on the commission panel. Stan Wise disagrees with the attorney general’s opinion, and with fellow commissioner Baker:

"It’s still just an opinion. It's subject to put this Commission in position where we have to fight. Somebody has to challenge this decision...we don't just have to back it up, just because the attorney general makes an opinion."

The challenge involves the state Constitution. Wise, Lauren McDonald, and current commission chairman Doug Everett say it does give the PSC the right to elect its own chair. But a statute was put in-place in 1992 by lawmakers mandating the current system. A bill to remove the provision this year died in the General Assembly’s final hours.

Everett says he and the other two want the change for continuity-sake:

"We are the only agency that changes a chairman every year, a lot of times in mid-stream of a very important project. That's the reason we were trying to do what we did."

But watchdog groups worry if the Commission gets to elect its own chairman, consumer-friendly PSC members may never get the top job.

The PSC decided not to push for legal action now. Instead, the three commission members pushing for change only tabled the matter until next January. That’s when they hope lawmakers will remove the block of a state law.

Transportation Board Member Steps-Down

The vice chairman of Georgia's Transportation Board says he's retiring from the board. Larry Walker, a long-time state representative from Perry, says he's leaving to pursue opportunities he describes as not being compatible with continued service on the board. Walker will leave June 30th after more than two years in his position. The board will soon change, after the Legislature removed some of the board's power in this year's General Assembly session.

Public Defenders Meet Over Stresses to System

Officials with the state’s stressed public defender system are set to meet today for the first time since the end of the General Assembly legislative session. They’ll meet to discuss how to factor-in even deeper cuts to the criminal justice system. Already, Georgia’s public defenders are facing lagging support from state lawmakers and mounting funding problems. Last month, the system was hit with a lawsuit that aims to end prosecutions in hundreds of northeast Georgia cases-until lawyers are made available for defendants.

Inmates Can Be Charged Medical Costs

Georgia prisons now have more power to charge inmates for their medical costs while behind bars. Governor Sonny Perdue signed a measure into law Tuesday that allows state and county corrections officials to draw up regulations to deduct the money for some medical costs from inmates accounts. It does not include costs related to pregnancies and chronic illnesses, which include diabetes, cancer and renal disease.

Prisons are constitutionally required to provide medical care to inmates. But the measure's sponsors say it is designed to help offset soaring prison medical costs for those inmates able to pay.

(Associated Press)

Perdue: Special Session Not Best Option

In the wake of lawmakers’ failure to pass transportation funding legislation, there’s a push by metro Atlanta’s transit authority to bring them back to the Capitol.

That’s because MARTA is trying to dig its way out of a deep budget shortfall of $24 million. Without immediate help, the agency says it may have to consider shutting service one day a week to save money.

Because state law dictates MARTA must use half its income for capital expenses, it can’t use that money for operating costs. But its hope for help from lawmakers, along with other transportation funding legislation, died at the General Assembly's close Friday.

Governor Sonny Perdue was asked Tuesday whether he’d consider pulling lawmakers back to the Gold Dome:

"We’ll have to look at a lot of things. Special sessions are something in Georgia that we shy away from, and we’ll do our best frankly not to call a special session."

Perdue says MARTA never approached him during the General Assembly to discuss the shortfall--only speaking to their officials this morning a first time. Concerning the bigger picture of transportation in the state, Perdue hinted we may be moving toward more of a toll environment in future years.

State Capitol UPDATE (1:40pm)

**The General Assembly's final day continues at the state Capitol in Atlanta. You can follow the action moment-by-moment from our reporters via Twitter (GPB News)**

Here's a recap of some of what's transpired from the Capitol as of early afternoon:

- Transportation--a committee meeting is set to begin this hour over the issue of transportaion funding.

- Public defender system--A proposal to give lawmakers more control over the public defender system was suddenly withdrawn from the House. The Senate already has voted to strip the public defender council of its authority, which would give politicians more control of the cash-strapped system. But state Rep. Rich Golick, the proposal's sponsor, pulled it today just as it was set to be considered. It could still return later today. The measure is partly a response to the spiraling costs of the trial of Atlanta courthouse gunman Brian Nichols, whose state-funded defense topped $2 million and spared him from the death penalty. But it's also a backlash against the council's threats to sue the state for more funds.

- Lawmakers' fail to pay taxes measure--State lawmakers who fail to pay taxes could soon face sanctions from a legislative committee. The House and Senate both passed measures today that would allow the House or Senate Ethics committees to investigate and sanction legislators who fail to pay their taxes. The House passed its version 164-1 today, and it could be sent to Governor Sonny Perdue after the Senate agrees to minor changes. The vote comes after the state Department of Revenue revealed 22 state lawmakers--about 10 percent of the General Assembly--are delinquent on their taxes. Only three of those lawmakers'names have been made public.

- Sales tax holiday bills--State lawmakers have approved two state sales tax holidays for school supplies and energy efficient products. The Senate gave final approval to a bill to set the school supplies and clothing holiday for July 30-Aug. 2. The holiday for energy efficient products which cost $1,500 or less would be Oct. 1-4. If Gov. Sonny Perdue signs off on the bill, consumers won't pay state sales taxes on the items on those dates.

- Provision to preside over weddings stripped--The Georgia Legislature today stripped a provision that would give the governor, lieutenant governor, speaker of the House
and constitutional officers the power to preside at weddings. House Speaker Glenn Richardson had advocated for the measure. But when it passed the House by a 164-1 vote, it only included a separate proposal designed to urge couples to get tested for sickle cell disease before marrying.

Associated Press contributed to the stories

State Capitol UPDATE--Transportation Legislation

-Senator Jeff Mullis (state Transportation Committee Chair)comments from the well: says House not working with Senate on coming to a transportation agreement...says the House's plan will fail - nowhere in America have they voted for a statewide TSPLOST...Muliis: "I'm frustrated...we offered middle ground, them, none. The Senate is ready to act now." Mullis says substitute to HB56 includes a TSPLOST, and the transportation funding referendum question would be on 2010 ballot.

-Senator Doug Stoner now in the well: the House has offered up something that has not been proven - says it's not worth the gamble...MARTA is critical to this region - added in language in sub. to help MARTA.

**Follow the final day of the General Assembly session moment-by-moment on Twitter (GPB News)**

State Capitol UPDATE

**Follow the final day of the General Assembly session moment-by-moment on Twitter (GPB News)**

Of the action from the Capitol this hour:

-House is now talking up Senate Bill 56. It deals with electronic records for over-the-counter drugs used to make methamphetamine.

-Senate PASSES House Bill 608--A Bill relating to general provisions relative to time-share projects and programs, so as to provide for definitions; to provide that a time-share estate shall include certain interests; to provide for certain actions when such interests are held in trust; to provide for certain fiduciary requirements to an owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes.

-House PASSES SB 198--A Bill relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

-Seatbelt amendment coming up on License Plate bill-HB639

-Word on the street - Senate might take up MARTA bill shortly.

- HB 639 is no longer a dolphin license plate... now for aquarium and Atlanta Falcons.

-Senate has taken-up SB 56--A Bill relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes.

Lawmakers Ready for Long Final Day of Session

The state Capitol will be open for extended hours today, as it is Day-40, the final scheduled day of the 2009 General Assembly session. Required to get done is a stamp of approval for the state budget. The $18.6 billion spending plan was in front of committee Thursday, with an ultimate compromise still being worked-out.

Other pieces of legislation at the Capitol may, or may not make it out of this Day-40: Transportation has been hotly-debated, including the issue of governance over transportation, and how to fund future projects in Georgia--a statewide or regional approach to financing. Of other issues to watch today--will a proposed change to the homestead exemption make it through? ; what will happen by day’s end concerning the proposed replacement of the annual "birthday tax" on vehicles with a one-time title fee?

Stay with GPB for all the latest throughout the day on action from the Capitol, as our reporters will be at the Gold Dome until midnight. You can follow details with our Georgia News blog by logging on to gpb.org. Also follow us on Twitter where we are GPB news. Of course, a roundup of the latest on the GPB Radio network this afternoon during news in All Things Considered, and Georgia Gazette at 6pm, 7pm in Athens.

State Budget Moves Through Senate Panel

Senate budget writers have given their stamp-of-approval to the $18.6 billion spending plan for Georgia’s 2010 fiscal year ahead. The budget includes a boost of $140-million for Medicaid to help the program keep up with enrollment. To help cover the cost, state employees will be asked to pay a bigger share of their health insurance costs. The spending plan also includes $1.3 billion in federal stimulus funds to help soften the blow of cuts. The budget now moves to the full Senate Wednesday for a vote.

State Senate OK's Expanded Jobless Benefits

Georgia Senate lawmakers voted to expand unemployment benefits, allowing the state to qualify for hundreds of millions of dollars in federal stimulus money. The bill approved Monday allows some jobless workers to qualify for additional unemployment benefits if they seek training in high-demand fields.

Rogers To Push Homestead Exemption Again

In the waning days of the General Assembly session, Republican state Senate leaders plan to take a final swing to push doubling homestead exemptions.

Last week, House Democrats were able to block a bill doubling the statewide homestead property tax exemption from $2,000, to $4,000 dollars. They say local governments would be forced to cut services and raise assessments to make up the shortfall.

But Republican Senate Majority Leader Chip Rogers took issue with assertions from some Democrats that his party hasn’t done enough with property tax relief. He says instead of the homeowners tax relief grants which cost the state over $428-million, the homestead exemption should be doubled.

"We are stepping forward in cleaning-up what can only be characterized as a messy situation of granting property tax relief by sending a check to local governments...with real property tax relief in the form of increasing the homestead exemption statewide. We will be the party of cutting taxes, as we always have."

Rogers vowed to give House Democrats one more chance to pass the homestead exemption this week.

Transportation, 'Super Speeders' Top Capitol Day-36

From the Gold Dome and Day-36 of the Georgia General Assembly-
There is a compromise transportation proposal being offered at the Capitol. The House Wednesday OK'd legislation to let Georgians decide at the polls how to fund transportation projects. Under the revised plan, voters next year would be asked if they would approve a one-percent statewide tax. If rejected, counties could then propose a local sales tax for their areas--this all essentially a merging of the competing chamber plans. Republican House Majority Leader Jerry Keen says this compromise strikes the best balance. However, this merging of two plans now appears headed for conference committee today.

Super-speeder legislation is on the way to Governor Sonny Perdue’s desk for his expected signature. Drivers busted for barreling down four-lane roads and interstates traveling 85 miles-per-hour or more would be hit with an additional $200 fine on top of regular fines by that locality. The same $200 levy would be in-place for speeders caught going 75 mph on two-lane roads. There’s also a new fee of $400 for some drivers to get licenses back. Supporters say nearly $23-million could be raised to help fund Georgia’s trauma-care network of hospitals.

Other Capitol notes from Wednesday--House lawmakers defeated a plan to double a tax break for homeowners. Meanwhile, Georgia-based businesses are big winners courtesy the Senate, which voted to gradually wipe-out corporate income tax for companies with its headquarters in Georgia.

House Strikes Blow vs. Pickup Seat Belts

A key House panel has dealt a devastating blow to renewed efforts to require adults in pickup trucks to wear a seat belt. The House Consumer Affairs subcommittee Tuesday voted 4-3 against the measure. It was the first time in at least three years a House panel has considered the issue.

For several years, Georgia’s Senate lawmakers have voted to adopt the measure, but it has always hit a House roadblock. Georgia is the only state in the nation that exempts adults in pickups from wearing seat belts. The stance has cost the state millions of dollars in federal highway funds.

The state Senate approved the latest version of the seat belt measure in February. House lawmakers, worried it could negatively affect rural residents, have made sure the changes are killed each year.

House Panel To Look At Seat Belt Measure

Today, a House subcommittee will take a look at a measure to require adults in pickup trucks to buckle their seat belts. It is the first time in at least three years a House panel will consider the issue. For several years, Georgia’s Senate lawmakers have voted to adopt the measure, but it has always hit a House roadblock. Georgia is the only state in the nation that exempts adults in pickups from wearing seat belts. The stance has cost the state millions of dollars in federal highway funds.

The state Senate approved the latest version of the seat belt measure in February. House lawmakers, worried it could negatively affect rural residents, have made sure the changes are killed each year.

General Assembly--Will Transportation Funding Plan Pass?

The fork in the road is fast approaching for state lawmakers in this General Assembly session--whether to adopt a transportation funding plan, or delay such a measure until next year’s Capitol session. The Senate Monday passed its version of a sales tax plan for a second time—the regional one-penny tax approach. In the process, it OK’d a gutted version of the House transportation measure, where the bulk of the language was replaced with the Senate’s original plan. The two chambers now have only five days left in the session to strike a compromise on a transportation funding model.

State Lawmakers Race Against Clock

It’s now a race against the clock--or legislative calendar--for state lawmakers. Six days remain in the General Assembly session, with the big topics of the state budget and transportation hovering over the proceedings.

Concerning the budget, with the full House passing its version late last week, the 2010 fiscal blueprint has now landed in the lap of the Senate Appropriations Committee. Meanwhile, a transportation funding plan for Georgia continues on two tracks. The House is expected to vote on a regional sales-tax plan for transportation projects, perhaps as early as today. The full Senate is likely to vote soon on its transportation funding proposal.

As the clock winds-down on lawmakers, stay with GPB on radio and the internet. Check out our Georgia News blog anytime for the latest by going to gpb.org.

Mandated Student Fitness Tests Pass Through Legislature

Legislation now passed through the General Assembly would require Georgia students to take an annual physical fitness test. While supporters say the plan is to help foster a healthier Georgia, opponents of the legislation worry it could single-out obese students. The bill now goes to Governor Sonny Perdue's desk for a signature. If signed into law, it becomes effective for the 2011-2012 school year.

Lawmakers Vote To Protect HOPE Scholarship Funding

Despite declining state revenues, the General Assemby has voted to change award-reductions for the HOPE college scholarship.

When the bill passed the House last month, lawmakers cautioned that demand for the scholarship could bring down the lottery-funded reserves starting in 2011.

Under current law, if those reserves drop by just one dollar, the HOPE scholarship would pay less for books.

State Senator Seth Harp says he wants to make sure the lottery really is in trouble before slashing benefits.

"What we wanna do is make sure the students will not lose benefits until we start seeing some real movement on where the lottery goes."

The Senate passed the bill 47-2 and now goes to the governor's desk for his signature.

Last year Governor Sonny Perdue vetoed a similar measure. But he has not indicated whether he would veto this plan.

Tougher Food Safety Rules To Get House Review

Tougher food safety rules for Georgia could be another step closer after today’s activity ahead at the State Capitol. House lawmakers are set to look at the measure to revamp requirements. Since it’s already passed through the Senate, House approval would move the bill to Governor Sonny Perdue’s desk.

The bill includes the provision to require food makers to alert state inspectors within 24 hours if a plant’s own tests show products are tainted. Georgia would be the first state in the nation to adopt strict new food safety rules. The movement for tougher rules comes in the wake of the salmonella outbreak, linked to a south Georgia peanut plant.