Court OKs Transgender Lawsuit by State Employee

(Pictured: Vandy Beth Glenn)

A federal judge has cleared the way for a discrimination lawsuit by a filed by a former state employee who claimed she was fired because she was undergoing a sex-change procedure. On Friday, a U.S. District Court Judge denied an attempt by Georgia legislators to dismiss the lawsuit on grounds that it could lead to a new round of court scrutiny of public employees. Vandy Beth Glenn claims she was fired from her job as a legislative editor for the General Assembly because she told her boss she was going to live as a woman full time. Glenn’s lawyers said the decision is a signal that the state Legislature can be challenged "for violating her constitutional rights."

(Associated Press)

Transgendered Case Upheld

A federal judge has cleared the way for a discrimination lawsuit by a filed by a former state employee who claimed she was fired because she was undergoing a sex-change procedure. U.S. District Judge Richard W. Story on Friday denied an attempt by Georgia legislators to dismiss the lawsuit on grounds that it could lead to a new round of court scrutiny of public employees. Vandy Beth Glenn claimed in the complaint that she was fired from her job as a legislative editor for the General Assembly because she told her boss she was going to live as a woman full time. Lambda Legal, which filed the lawsuit, said Story's decision is a signal that the state Legislature can be challenged "for violating her constitutional rights."

(Associated Press)

Trauma Commission Continues Work

The state’s trauma commission is still looking for ways to fund and improve Georgia’s trauma system. The group convened for another meeting Thursday.

Continuing to top the commission’s monthly agenda--trying to sustain a trauma system in dire need to support. The $23-million provided by the Legislature is less than half the amount given last year. It will be funded through fines collected from the new ‘super speeder’ law, going into effect July 1st.

But now, the early seeds of actually trying to build a network are being planted. A sliver of money is in-place for the early foundation of transfer centers. Commission member and vice president of trauma and emergency services for Children’s HealthCare of Atlanta, Linda Cole, says the centers would help reduce the system’s so-called ‘sea of chaos’:

"We do have excellent trauma care centers...we’ve got some very good EMS, but there’s very little infrastructure to bring them together. The transfer center is the first piece of bringing all those islands of excellence into a system."

Cole says the Commission is working with Georgia emergency management officials to use a newly-acquired $2-million federal grant to help fund these transfer centers.

Extended Unemployment Benefits In The Mail

Good news for the unemployed in Georgia—those on the rolls of the Department of Labor and who qualify will soon be getting extended jobless benefits checks. The payments are part of the state’s emergency extension of benefits-made possible by the federal stimulus and approved by the state legislature. This extension is expected to bolster a little more than 40,000 jobless Georgians with another 20 weeks of payments.

Meanwhile, just released this morning, new numbers from the state’s Department of Labor. Statistics show a continued increase in claims filed for unemployment benefits, but a rise at a slower rate. 75,436 workers who filed claims represent an increase of 68-percent over May of last year. But, officials say initial claims from this April to last month were down in 11 of Georgia’s 14 metro areas.

The Drought is Finally Over!

The state's worst dry spell in the last century has finally ended. Thanks to the second wettest spring in more than a hundred and ten years, the drought which has gripped parts of Georgia since summer 2006 has is finally over.

But more importantly say state officials, Georgia has returned to rainfall patterns recorded in the early part of the century. However, even with rivers flowing and reservoirs at or near capacity, all that good news is tempered with a bit of caution.

State climatologist David Stooksbury.

"There's been this perception that we've had this tremendous amount of rainfall over the last six months. In reality, we've had near normal rainfall over much of north Georgia. I think the fact that it’s been so dry, we have forgotten what normal rainfall is like. Now, South Georgia has been extremely wet and there are allot of fields sitting in water still in South Georgia. But here in North Georgia, the Athens area, the Atlanta area, near normal for the last six months."

At the height of the drought, lawmakers passed House Bill 1281, enacting tough water restrictions. Residents exceeded expectations cutting back water consumption by 10 percent. Five percent more than was called for.

Carol Couch heads Georgia Environmental Protection Division.

"Georgians did more than simply follow some state rule. At the end of the day, we cannot simply explain this consistent decrease in water use through this period by regulation alone. To me, it is a tribute to every Georgian in the 55 county area that chose to do the right thing."

The timing of the drought happened at the same time the country's economy hit the skids. And that hit Georgia's 8 billion landscape industry squarely in the pocket.

Sherry Loudermilk is executive director of Georgia's Green Industry Association.

"We lost about thirty five percent of our industry. And it’s been very difficult. There have been many who have hung on and some have just gone out of business this past spring. its been very difficult in most of our industry is still family oriented and if there were employees there, they were like family and having to terminate those people has been very difficult."

With the recent drenching things may be looking up for nurseries.

Jeff Hunter is a spokesperson for one of the nation’s largest …. Pike Nurseries. He’s says the slow economy has more people looking to save water and money.

"There's been an upturn in the past couple of years of rain harvesting, you know rain barrels, drip irrigation and more conservation of water. So it’s helped with new techniques anyway."

Last year, the Georgia legislature passed a measure establishing a study committee dedicated to formulating a statewide water plan.

Former Lt. Governor Pier Howard says now it’s up to the next administration to develop a long range conservation plan Georgians can live with. Howard now heads The Georgia Conservancy.

"I think what Georgia needs going forwards is an overall policy. We need input from all the different sectors. We need all the voices at the table, but we need a new policy in Georgia for water efficiency and water conservation."

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.

Barnes, Thurmond: Will He or Won't He Run?

Georgia voters will have to wait a little while longer to find out if two of the state's most high profile democrats will join the already crowded race for the governor's mansion. Its eleven months to the gubernatorial primaries … more than a year and a half to the elections. But already the contenders are jockey-ing for the lead.

At the Democrat's annual Jefferson Jackson dinner in Atlanta last night, it was the undeclared candidates for governor who seemed to garner the most attention.

One is former governor Roy Barnes, who wasn't shy when it came to criticizing the state legislature under Governor Sonny Perdue. Barnes says special interest groups have taken over shaping the state’s legislative agenda.

The group's other undeclared and possible contender in the race to become Georgia's next governor is Labor Commissioner Michael Thurmond. Thurmond says his candidacy is not a criticism of the Perdue administration but is rather a reflection of the state's challenging economic times. Thurmond says its time for a change in leadership.

Former State Representative Dies

Funeral services are being held in Macon for former State Representative, Wayne Elliott. The Florida native and Republican served two terms in the Legislature from 1990-1994. According to the Telegraph Elliott created controversy after he introduced a bill designed to protect medical waste incinerators, which another lawmaker was trying to ban. A business Elliott owned produced medical waste incinerators. The ban passed, but Elliott was able to receive an exemption for the Medical Center of Central Georgia in Macon. He is survived by a wife and daughter.

JOBS Act Threatened by Declining Revenue

Although Federal Reserve Chairman Ben Bernanke predicts the nation's economy could begin to improve sometime later this year, here in Georgia state revenue is still on the decline. And, that could mean trouble for a proposal to give tax credits to some businesses.

Earlier this year, the state legislature approved a measure intended to put Georgians back to work. The so-called Job Opportunity and Business Success Act includes a tax credit for hiring and keeping someone twenty-four months.

It sounded like a good idea, considering Georgia's unemployment rate currently stands at 9.3 percent. But, at the last minute lawmakers added a provision that removes the capital gains tax on investments. And, that’s why Governor Perdue is hesitant to sign the bill into law, because he says the state is already running a deficit.

"Georgia is a balanced budget state. And, it's very difficult to do the stimulus type bills in a state that's starved for revenue and cash at the same time. That kinda destroys a supply side theory within a state government because you can't afford that period of time before the supplies kicks in."

The Governor has until May 13 to veto or sign the legislation. Meanwhile, officials April revenue numbers aren't in yet, but Perdue says things don't look good.

GA A Step Closer to Food Safety Rules

Gov. Sonny Perdue is expected to sign a bill that would make Georgia the first to require food makers to swiftly alert state inspectors if their internal tests show their products are tainted. The proposed food safety regulations would require the food processors to report the results within 24 hours. The proposal moved rapidly through the Georgia Legislature in the wake of the salmonella outbreak that originated in a south Georgia peanut processing plant. It sickened hundreds and was linked to the deaths of at least nine people. Federal officials, food scientists, legal experts and industrygroups cannot point to another state with similar requirements. And Georgia lawmakers say the new provision would make it the first state to have such a rule.
(Associated Press)

Georgia No. 3 in Nat'l Pre-K Rankings

A national education group is giving Georgia high marks for its pre-k program. But as with any report card, there is always room for improvement.

Since its inception 15 years ago, nearly one million children have graduated from Georgia's pre-kindgarten program. That's why one national group ranks Georgia near the top when evaluating pre-k programs around the country.

Steve Barnett directs the National Institute for Early Education at Rutgers University in New Jersey. It's most recent report puts Georgia in the number three position.

"The best thing that Georgia is doing with this program is making it available to as many children as possible. Without it, there would be a much larger number of children in Georgia who wouldn't get a pre-school education at all or would get a very poor quality one."

More good news, this time from the Southern Education Foundation. Steve Suitts is the group's director.

"There is an argument to be made that Georgia probably more accurately ranks second instead of third in the nation. While the state of Florida has a larger percentage of three year olds and four year olds in the program, the fact is Georgia's program is a higher quality."

All that good news however, is tempered by calls for improvement in Georgia's lottery funded pre-k program.

State education officials estimate there are eight thousand children on pre-k waiting lists. The problem is that there are not enough spots says Suits.

"We've had a participation rate in Georgia pre-k that's virtually been flat for the last five to seven years, despite the fact that there are thousands of people who are on waiting lists all over the state."

Finally, funding for pre-k has dropped -- more than one hundred dollars per child since 2007. The Southern Education Foundation says it has asked the legislature to tap into lottery reserves earmarked for education. To date, the lottery has contributed 3.6 billion dollars for early childhood education. However state education officials say there are presently no plans to increase pre-k per child spending.

Perdue Responds To SB 31 Lawsuit

Legislation signed this week by Governor Perdue includes SB 31--that’s the bill to allow Georgia Power to charge ratepayers early for a pair of nuclear reactors before construction is finished.

But Perdue is among other top lawmakers named in a lawsuit which claims the bill passed through the Legislature illegally. The suit filed by the Fulton County Taxpayers’ Foundation says any measure increasing revenue should originate in the House, not from the Senate.

Perdue on Wednesday responded to the suit:

"As I understand it, the lawsuit was to enjoin me from signing a bill, and based on the powers in the way our governments are set-up with judicial, legislative and executive...it is the role of the executive branch to choose whether or not to give that final vote, and frankly I do believe the lawsuit was more of a publicity stunt than anything else."

A Georgia Power spokesman told the ‘Atlanta Journal-Constitution’ they’re not worried about the suit.

CDC Says Little Progress In U.S. Food Safety

The Centers for Disease Control in Atlanta says Americans did not suffer more food poisoning in 2008, despite high-profile cases like the peanut butter salmonella outbreak linked to a south Georgia plant. But a new CDC study also warns that Georgia and a handful of other states have made little—if any-progress in food safety over the past four years.

The study’s key statement is this: The U.S. has "reached a plateau in the prevention of food-borne disease." It calls for new efforts to make food safer from the farm to the table.

The CDC’s study looked at 10 states, including Georgia. It showed the number of food-borne infections declining over the past decade. But, by 2004 they leveled-off. And Georgia in particular has the second-highest rate of salmonella among the 10 states.

That’s due in part to the latest salmonella outbreak at a peanut plant in Blakely, which sickened nearly 700 people nationwide.

State lawmakers answered that alarm in the just-completed legislative session by overwhelmingly passing a bill to toughen food safety rules and regulations. State Republican Senator John Bulloch says the bill he co-sponsored is a good start:

"The tools that we put in place for the Dept of Agriculture is a great improvement over what they had before. Do the things need to be changed?...we don’t know. It may be that next year we need to come back as we see how these new changes have been implemented and what results they have, and maybe there are some other things that need to be changed."

Bulloch says changes already made within the state’s Agriculture Department include an additional five food inspectors in the field, with three of those positions newly-created by the Legislature.

But Bulloch also points out that Georgia should not be taking all the blame for failures in the inspection pipeline:

"At what point does the Food and Drug Administration…where’s their responsibilities? Have they done and have been doing a good job? And I’d say no, they need to change their rules and regulations."

Federal food safety officials say they’re using new tools in an aggressive approach toward reducing food-contamination.

Here in Georgia, Bulloch believes things will get better:

"I would say that going forward, the consuming public should have a higher level of confidence that the products that go to the grocery shelf would be from a Georgia-facility would be by far safer than it could have been in the past."

Senate Bill-80 toughening Georgia’s food safety rules and regulations, awaits Governor Sonny Perdue’s signature.

Rally for MARTA Funds

A dozen Atlanta Democratic legislators and hundreds of MARTA riders rallied in downtown Atlanta to call for a special session of the Georgia Legislature to solve the transit system's funding problems. MARTA officials have called for a special session for legislation that would allow them to tap into their reserves. The system is considering cutting services as it grapples with a $24 million budget shortfall. State Sen. Vincent Fort, D-Atlanta, demanded on Wednesday Perdue call for a special session or issue an executive order to fix the problem. Others in the crowd chanted "it's our money." The governor has said "we will do our best not to call a special session."

(Associated Press)

Legislative Round-up: Bills Passed Final Day

The 40-day session came to a close, Friday. Here's some bills that passed the finish line before the gavel came down.

Georgia Budget 2010

The $18.6 billion state budget slashes about $1 billion in spending because of the lagging economy. The Senate's top budget writer said agencies will see an average cut of about eight percent. The plan voids increasing health insurance costs for state workers by tapping federal stimulus dollars to pay for Medicaid, the health program for the poor that's seeing enrollment soar as the economy worsens. The budget covers the fiscal year beginning July 1st.

Transportation

Lawmakers agreed on a separate transportation overhaul that would give state politicians vast new control over infrastructure dollars. The transportation makeover, which passed the Senate
33-22, comes after heavy lobbying from Republican leaders who argued that granting the governor and lawmakers new powers over transportation funding would help transform a dysfunctional bureaucracy into one that is more accountable to voters. However, no new funds for transportation were passed.

Tax Breaks

Lawmakers approved a sweeping new tax break that cuts the state's capital gains tax in half over two years. A capital gain is the difference between what you paid for an investment and what received when you sold that investment. Investments include mutual funds, bonds, stocks, options, precious metals, real estate, and collectibles.

The measure also doles out a $2,400 income tax credit to any business that hires someone who has been unemployed for at least four weeks. It creates a one-year "new business holiday" that waives the $100 filing fee for new businesses. Those efforst are aimed at encouraging businesses to hire new employees, but critics say the capital gains cuts would rip an even greater hole in the recession-ravaged budget and would benefit only the wealthiest Georgians.

Tax Delinquent Lawmakers

Georgia lawmakers who fail to pay taxes could soon face sanctions from a legislative committee.
The House and Senate each overwhelmingly passed measures late Friday that would allow their chambers' respective ethics committees to investigate and sanction legislators who fail to pay
their taxes.

The vote comes after the state Department of Revenue revealed that 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. Legislators said they cannot consider sanctions unless they know who they are.

Voting Checks

Georgia lawmakers voted Friday to require prospective voters to prove they are U.S. citizens before they cast their ballots. Georgia would become the second state with such requirements. Only Arizona requires its residents to prove they are U.S. citizens to register to vote.

The measure, which passed the House by a 104-67 vote, would require voters to prove their citizenship using a passport, a driver's license or other documents. It now goes to Gov. Sonny
Perdue.

Access to Flu Vaccines

Pharmacists would be able to continue administering flu vaccines under legislation that cleared the Georgia Legislature. The "Access to Flu Vaccines Act" received final passage on Friday.

It allows doctors to enter into agreements with pharmacists and registered nurses to order and dispense the shots without each one needing a separate prescription.

Governor Sonny Perdue said the bill was needed to prevent confusion among pharmacists about whether they could dispense the shots. Perdue said the bill makes it easier for Georgians to receive their yearly flu shots.

(The Associated Press)

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

Chatham Judges On Petition To Keep Mental Hospital Open

Judges in Chatham County have joined a petition urging state officials not to close Georgia Regional Hospital in Savannah. The petitions seek a delay in the Department of Human Resources’ plan to close some of the state's seven mental hospitals, move some patients to other facilities, and direct many would-be hospital patients toward community-based mental health care facilities.

The signatures of six Superior Court judges, and judges from State, Recorder's and Probate courts are among more than 10,000 expected to be on petitions for state Senator Lester Jackson to present to the Legislature. Judges and others are concerned the plan relies on community treatment options that are "lacking and uncoordinated."

Legislators Look at Cuts to Medical Research While Proposed Medical School Expansion is Safe

Georgia lawmakers are beginning their review of state budgets passed by both chambers of the legislature, trying in a conference committee to resolve differences between the two.

One issue is a proposed cut in medical research funding to the Medical College of Georgia in Augusta.

The state senate, in its budget passed today, included a $10 million cut in funding, with about half of that coming from a cancer research center at MCG. Officials say that could devastate the center.

Senator Ed Tarver (D-Augusta) wants the money restored. He says instead, the legislature should shelve the proposed expansion of the college, especially a proposed satellite campus in Athens.

But proponents of expansion say it's badly needed to stave off a doctor shortage.

The issue, therefore, raises a question...Which investment is better? Especially in a money crunch? It's one of the many hard decisions lawmakers will be hashing out this week over a budget that's full of cuts to state agencies, education and public services.

Tarver and some other Augusta-area lawmakers have been opposed to expansion. They do not want Augusta to lose resources to other cities, particularly Athens. Proponents, including Republican Governor Sonny Perdue, say it's the best way to bring medical students to the state, and then retain them when they become doctors.

The other $5 million would be cut from other medical research. The House, meanwhile, also proposed that cut but did not consider funding reductions to the cancer center.

Georgia Nears English-Only Driver's Tests

The Georgia Legislature could soon require driver's license applicants to take the written portion of the test in English only. The plan, which the House adopted 104-58 Monday, would likely make Georgia the only state to have such a rule. The Senate has already adopted a similar version. It would go to Gov. Sonny Perdue after the chambers hash out minor differences. The exams are now conducted in about a dozen languages, including Spanish, Korean, Polish and Japanese.

Push to Ease Stream Buffers

The Georgia Legislature is seeking to soften mandatory buffers aimed at protecting Georgia's waterways from pollution and development. The House voted 106-58 Thursday to remove the buffers around an untold number of unnamed tributaries - or ephemeral streams - that crisscross the state. State law provides for a 25 foot buffer along all streams and as much as 150 feet for watersheds providing drinking water. Supporters say many of the streams are little more than ditches and that the buffers restrict growth and hamper property rights. Critics say loosening rules could threaten the state's clean water.

(Associated Press)