Georgia Politics, Campaigns, and Elections for December 18, 2023

The British ship Mayflower landed at what is now Plymouth, Massachusetts on December 18, 1620.

Charles Wesley, brother of John Wesley who founded Methodism, and one of the great hymn-writers, was born on December 18, 1707. Wesley accompanied James Oglethorpe to Georgia in 1736.

The first national day of thanksgiving was observed on December 18, 1777 commemorating the American victory over the British at Saratoga the previous month.

Congress wrote, “It is therefore recommended to the Legislative or executive Powers of these UNITED STATES, to set apart THURSDAY, the eighteenth Day of December next, for solemn THANKSGIVING and PRAISE; That at one Time and with one Voice the good People may express the grateful Feelings of their Hearts, and consecrate themselves to the Service of their Divine Benefactor.”

On December 18, 1834, Governor William Lumpkin signed legislation chartering the Georgia Methodists Conference Manual Labor School at Oxford, Georgia, which would later become Emory College in 1836 and Emory University in 1915.

On December 18, 1865, U.S. Secretary of State William Seward issued a statement verifying the 13th Amendment to the Constitution, which outlawed slavery in the United States.

The office of Superintendent of Public Education and Georgia Schools was created on December 18, 1866 when Gov. Charles Jenkins signed legislation passed by the General Assembly; on December 18, 1894, Gov. William Atkinson approved a resolution for a Constitutional Amendment to make the State School Commissioner elected statewide.

Fort Frederica National Monument observed the birth of Georgia founder James Oglethorpe, according to The Brunswick News.

 

Georgia Politics, Campaigns, and Elections

The United States Drug Enforcement Agency continues to pressure pharmacists to keep cannabis products off their shelves, according to the Associated Press via the Savannah Morning News.

Federal drug officials are warning Georgia to shelve its plans to be the first state to allow pharmacies to dispense medical marijuana products.

News outlets report that the U.S. Drug Enforcement Administration on Nov. 27 warned pharmacies that dispensing medical marijuana violates federal law.

The Georgia Board of Pharmacy began accepting applications to dispense the products in October. Licenses have already been issued to 23 Georgia independent pharmacies, the board said.

The Georgia Access to Medical Cannabis Commission, which oversees Georgia’s fledgling medical marijuana industry, said it can’t override the federal directive, even though pharmacies are allowed to dispense the products under state law.

Andrew Turnage, the commission’s executive director, told The Atlanta Journal-Constitution the state would love to see pharmacists be allowed to continue providing consultations for medical cannabis products as they do with other medication.

In a memo to pharmacies, the DEA said none of them can lawfully possess, handle or dispense marijuana or related products containing more than 0.3% tetrahydrocannabinol — the psychoactive chemical known as THC that gives users a high.

The DEA said it considers products derived from the cannabis plant with a THC content above 0.3% to be marijuana, making it illegal under federal drug law.

But the federal stance could change if a recent proposal to loosen restrictions on marijuana goes through. The U.S. Department of Health and Human Services in August proposed taking marijuana off the banned list of Schedule I substances and reclassifying it as a lower-risk Schedule III drug.

Meanwhile, fentanyl is involved in increasing numbers of overdoses, according to the Athens Banner Herald.

[Athens-Clarke Country Coroner Sonny] Wilson estimated that upwards of 70% of the drug overdose deaths this year in Athens will be related to fentanyl, a synthetic opioid developed as a strong painkiller. The drug is described as 100 times more powerful than morphine.

As of the last day in October, Wilson said there have been 49 overdose deaths in Athens and 32 were related to fentanyl. This amounts to 65% of overdose deaths.

In 2022, there were 63 drug-related deaths and 39 were due to fentanyl, or 61%, according to Wilson.

Then in 2021, he said there were 41 drug-related deaths with 23 due to fentanyl, or 56%.

The U.S. Drug Enforcement Administration reports on its website that fentanyl “is the single deadliest drug threat our nation has ever encountered. Fentanyl is everywhere. From large metropolitan areas to rural America, no community is safe from this poison.”

Governor Brian Kemp announced he will have $1000 retention bonuses paid to some government employees, according to the AJC.

Sitting on massive reserves, Gov. Brian Kemp said Monday he’ll provide a $1,000 retention bonus to state employees, teachers and school support staff this holiday season.

The supplements will cost the state about $330 million and be included in the mid-year budget Kemp will submit to lawmakers during the first week of the 2024 session, which begins Jan. 8. But the bonuses will be delivered in end-of-the-year paychecks next week.

“Throughout the pandemic, a summer of unrest, and the unprecedented challenges of the last several years, our state employees have worked hard, taken on additional challenges, remained committed to serving their fellow Georgians, and become more streamlined so we can remain the best state for opportunity,” Kemp said.

“This retention pay supplement will arrive during the holiday season, and it’s part of my administration’s way of showing our appreciation for all that they do.

“It’s going to be a good Christmas and New Year’s in Georgia.”

House Appropriations Chairman Matt Hatchett, R-Dublin, praised the bonus plan.

“It sends a great message (that) we support everybody that works for Georgia. We’re trying to put the money back in the communities where it belongs,” Hatchett said. “I think it’s a great thing. We’ve got a huge issue with turnover statewide, that’s around 24%. It’s been a concern of mine since I’ve been in this role … and this is a step in the right direction. And I think you’ll see other things done.”

Lt. Gov. Burt Jones, a Jackson Republican and the Senate’s president, and House Speaker Jon Burns, R-Newington, also praised the bonus plan.

Gov. Kemp plans to ask legislators to send $45,000 grants to public schools for safety enhancements, according to the AJC.

Gov. Brian Kemp plans to include more than $100 million for school safety programs in his annual budget plan that would send $45,000 to every public school in Georgia to spend on infrastructure improvements or security officers.

The $45,000 allotment will be built into Georgia’s annual base budget, Kemp said Monday at the state Capitol, meaning that schools can factor the funding into long-term plans rather than a one-time payout.

“This additional investment in school safety will benefit every part of the state, and it’s just the latest action we’re taking to secure our classrooms and back our law enforcement,” said Kemp.

It is expected to sail through the state Legislature next year with the blessing of House Speaker Jon Burns and Lt. Gov. Burt Jones, who each issued supportive statements.

A $12 million dollar federal grant will pay to close three railroad crossings in Millen, according to the Statesboro Herald.

The Millen project grant is part of a $645.3 million investment going to 18 rural communities across the nation and funded by the Bipartisan Infrastructure Law. Also, the Georgia DOT will provide an additional $3 million in matching funds for the project.

Friday, Transportation Secretary Pete Buttigieg and Georgia Senator Jon Ossoff were in Millen to officially announce the grant and answer questions about the project.

“Successfully landing this grant award is a great example of how our approach to working directly with local partners to address pressing challenges is delivering results,” [Governor Brian] Kemp said. “By collaborating on this project and making a forceful case to USDOT on why these funds are needed, we’re both working toward a solution to an issue affecting all of Millen and supporting the vital rail connection to the Port of Savannah that serves as a key economic driver for our state.”

The project will implement three grade-separated rail crossings in Millen: one just north of the railyard on SR 21/Millen Bypass and two on SR 67/17/East Winthrope Avenue. When complete, the improvements will increase efficiency and safety for emergency vehicles, personal vehicles of area residents and freight movements.

“I’m grateful to the governor for hearing the concerns of our citizens and businesses and for leading state government to find solutions to the regular disruptions to our city,” said Millen Mayor King Rocker. “I want to express our sincere appreciation for the invaluable support provided through the federal funds allocated for the construction of the overpass at the rail crossing facilitating seamless access for traffic from the Port of Savannah. (The) generous support has not only funded a physical structure but has laid the foundation for sustained economic development, improved accessibility, and an enhanced quality of life for all who call our community home.”

Pretty cool name there for the Mayor of Millen.

U.S. Secretary of Transportation Pete Buttigieg also spoke in Millen, according to WSAV.

Buttigieg, along with Georgia Senator Jon Ossoff announced a $12 million federal investment to improve railroad safety in Millen which they say will also make it more efficient to transport goods in and out of the port of Savannah.

“Some of the freight that arrives at the port of Savannah and comes through this region can make its way to my home in Michigan and even further away than that,” Buttigieg explained. But, that also means that small communities like this one have shouldered the burden of that supply chain.”

According to the Georgia Ports Authority, almost 6 million containers of goods passed through the port in 2022 with a 35% rate of growth in the past five years.

“Whether we’re talking about the port, the roads and highways to back it up, the railway upgrades we’re doing, or anything else we’re focused on, part of why we pushed so hard for this infrastructure funding is to propel the growth of a region like the area around Savannah – to make sure that growth continues and to make sure there’s the infrastructure to keep that growth going smoothly,” Buttigieg added.

Ossoff and Buttigieg stressed that the bipartisan infrastructure law isn’t just about this one project. They told me that other transportation initiatives in our area are underway – like a possible Atlanta to Savannah train system.

“We’re funding projects across the country, and that Atlanta to Savannah piece is one of the ones that made it into our corridor identification program because we see how much potential there is here,” Buttigieg said.

From WJBF:

“These communities have been waiting 10, 20, 30, sometimes 50 years for certain things to get done: it’s finally happening, and it’s happening on our watch,” said U.S. Transportation Secretary Pete Buttigieg.

Mayor King Rocker says getting this funding will get things moving in Millen.

“We were telling a story about a truck who got right there to the crossing, and the train was there one morning at 9 o’clock–and he was hauling a big piece of equipment–and he had to sit there until 5 o’clock cause the train didn’t move,” said Rocker.

“The reality is there’s going to be more and more growth in terms of the supply chain traffic here, so we gotta make sure it’s compatible with day-to-day life in the community–and that doesn’t become a burden, it makes it harder for people to get about the community, which means deconflicting that rail traffic with ordinary vehicle traffic going on here in Millen,” said Buttigieg.

“For too long, federal infrastructure policy and state infrastructure policy has neglected rural Georgia,” said Ossoff. “Working with the secretary through the bipartisan infrastructure law, we’ve changed that. The bipartisan infrastructure law is investing in rural Georgia and rural America–and that’s why this project is now getting off the ground.”

Mayor Garnett Johnson was also in attendance, at the request of Secretary Buttigieg.

He says with the Biden-Harris administration already making their mark in Augusta, it’s significant to see their work expand to other parts of the CSRA.

The Coastal Georgia Regional Water Planning Council heard from residents upset by plans to construct four water wells for the Hyundai plant and other business users, according to the Statesboro Herald.

EPD Water Supply Program Manager Wei Zeng, Ph.D., told reporters that concerns raised by citizens will be considered, at least to help guide how his team does its assessment, before the agency issues any well permits.

Whenever the EPD Water Supply Program specialists – Zeng, for example, is a hydrologist – complete a draft of the groundwater withdrawal permits – a 30-day comment period will follow before the EPD director would be asked to sign the permits. The agency is required to hold a public meeting of its own on the permits, and Zeng said that given the number of concerns expressed, the meeting, or possibly a meeting in each county, might be held even before the draft documents are released.

But providing water to the factory complex and a growing population poses a challenge. The deep Floridan aquifer, source of ground water much of southern Georgia and coastal South Carolina, first showed signs of saltwater intrusion along the coast more than 50 years ago. For more than decade now, the state of Georgia has assigned Bryan and Liberty counties to a “yellow zone” with restrictions on EPD permitting of new wells, and Chatham County and Effingham County to a “red zone” with active reductions in existing permits for groundwater use.

However, Bulloch and counties west and north of it are in a “green zone,” with no such restrictions. So, while county officials have proposed for Bryan County to own two wells and Bulloch County to own two wells to supply Hyundai, all four wells are to be drilled within Bulloch County, not far from the county line. Bulloch County’s application is for a permit for two wells that together could withdraw up to 3.15 million gallons per day. Simultaneously, Bryan County applied for a permit for two wells that together could withdraw up to 3.5 mgd.

So the four wells in total could withdraw up to 6.65 million gallons per day. Bulloch County officials plan to request later that Bulloch’s two wells’ combined 3.15 mgd limit be increased also to 3.5 mgd, said Trent Thompson, an engineer with Thomas & Hutton. That would make the total for the four wells 7 mgd.

The first area resident up to speak during the public comments, Charles Moore, said that South Effingham and Chatham, in the red zone, are “begging for water,” having run out. Liberty and Bryan, in the yellow zone, “are about to run out of water because they mismanaged their water supply,” he asserted.

“What obligates people in the green zone to furnish water to the Hyundai plant, to  Liberty County, to Chatham County, South Effingham and Bryan  County?” Moore asked. “Who gave Bulloch County the authority to do this? Was it the people in this audience? No! It was our county commissioners. Is there a legal document that says Bulloch County has to furnish water to these areas? Is there a memorandum of understanding?”

Actual members of the Coastal Georgia Regional Water Planning Council said little. The Coastal Georgia region encompasses nine counties, and the council has about 25 board members. Those present did introduce themselves, and the council’s chairman, Development Authority of Bulloch County CEO Benjy Thompson, gave welcoming and closing remarks, thanking participants.

Joe Cook writes that recommendations by the House Study Committee on Fishing Access to Freshwater Resources endanger Georgians’ access to rivers, according to the Albany Herald.

Recent recommendations made by a Georgia House of Representatives study committee have raised concerns among the state’s river enthusiasts who say that, if acted upon by the full legislature, the recommendations could greatly curtail Georgians’ longstanding freedom to recreate on Georgia’s rivers and streams.

Tasked with clarifying where Georgians can legally fish on the state’s freshwater streams, the House Study Committee on Fishing Access to Freshwater Resources issued recommendations in November calling on the state to determine and delineate the “navigability” of each of Georgia’s rivers and streams based on a restrictive definition of navigability that dates to 1863 and is geared toward supporting barge traffic, not paddling.

This process could conflate navigability, which determines the ownership of the river bottom, with the common law “right of passage” that entitles the public to travel any waterways that will float a boat.

Many of Georgia’s streams that boaters regularly float and fish could be deemed “non-navigable” under the committee’s recommended definition, ranging from popular whitewater runs in north Georgia to peaceful blackwater streams in south Georgia.

Even popular paddling destinations on portions of the Chattahoochee, Chestatee and Etowah rivers could be at risk, along with nearly all mountain rivers and small and medium-sized streams throughout the state.

“Right of passage has been enshrined in Georgia law since the 1800s,” Dan MacIntyre, an attorney and Georgia Canoeing Association river protection committee chair, said. “The public has a right of passage on Georgia’s streams that is separate from other public recreation rights like fishing — which more directly hinge on navigability findings — but that distinction has not always been recognized by courts and is absent in the committee’s report.”

“Since Georgia’s inception, when our streams were the state’s highways, we have enjoyed a long-established right to pass down these waterways in boats of all sizes,” Andrea White, southeastern chair for the American Canoe Association, said. “In trying to clarify fishing access, the study committee is using an outdated law to define navigability based on land ownership and freight that ignores the way we use Georgia’s waterways today for recreation.

“There is both Georgia legal precedent and more modern ‘pleasure craft; tests in neighboring states that take recreation into consideration that would be a more appropriate legal test than navigability.”

River enthusiasts point to North Carolina and South Carolina, where state laws evolved from a similar origin as Georgia’s to protect public boating use today. In both states, citizens have the right to travel by pleasure craft, including canoes and kayaks, on any waters that will float such vessels.

“This system has worked extremely well to support both a robust river recreation economy and culture, as well as private property rights, with a relatively clear delineation between the two,” Kevin Colburn, national stewardship director with American Whitewater, said.

The right of passage on Georgia’s streams was established by the Georgia Supreme Court in 1849 when it determined that the public could travel down any water that supported “passage,” regardless of any navigability test involving freight.

But since the codification of the definition of “navigability” in 1863, rights of passage have been conflated with navigability. In 1997, the Georgia Supreme Court ruled that Ichawaynochaway Creek in Baker County was closed to the public based on the state’s 1863 navigability definition. Likewise, in a similar case also in 1997, the Georgia Supreme Court ruled that canoeists did not have the right to pass down Armuchee Creek in Chattooga and Floyd counties because the court deemed it “not a navigable stream.”

The impact on the Georgia outdoor recreation economy, quality of life, and public health impacts of the committee’s recommendations and resulting recreational losses could be staggering. Georgia River Network estimates that there are some 1 million paddlers in Georgia. Those paddlers support more than 70 small businesses that provide canoe, kayak, paddleboard, raft and tube rentals and guide services on the state’s rivers. The U.S. Bureau of Economic Analysis estimates that boating and fishing on the state’s waterways contributed $762.7 million of added value to Georgia’s economy in 2021.

“The General Assembly should act to protect the public’s right to fish, but they also must protect the public’s right to enjoy traveling the state’s rivers by boat,” Rena Ann Peck, Georgia River Network’s executive director, said. “We have a robust culture of boating on Georgia’s rivers and streams, and we need to continue to build that river recreation economy, not take it away from our citizens and ecotourism industry.”

Georgia River Network, American Whitewater, American Canoe Association and Georgia Canoeing Association are encouraging Georgians to communicate with their local legislators about this issue. Individuals can contact their legislators via an email action alert at https://protectgeorgia.org/#/393.

Georgia River Network is a statewide nonprofit river recreation and conservation group with the mission to connect people with and protect Georgia’s rivers. Georgia River Network is the state’s nonprofit partner promoting the Georgia Water Trails Network and maintains the Georgia River Guide free mobile app.

The Ledger-Enquirer covers local business reactions to the water detente between Georgia and Alabama.

When a mother in Atlanta draws a bath for her six-week-old son, or rapids splash a rafter’s face as he treks through Columbus, or anglers fish at Lake Seminole, they are all connected by the throughline of the 450-mile Chattahoochee River.

“The agreement gives us something we’ve never had before: a guaranteed minimum flow,” Vic Burchfield, VP of Columbus Water Works said. “Columbus Water Works has been advocating for 1,350 CFS for years as a minimum average daily flow in the middle stretch of the Chattahoochee.” (River water flow is measured by cubic feet per second (CFS). A flow of 1,000 CFS is the equivalent of 4,000 basketballs flowing all at once.)

Minimum flow means water providers and wastewater utilities (which Columbus Water Works operates both in Columbus at Fort Moore) can consistently provide drinking water and discharge wastewater.

“Minimum flow is good for a river and community because it is good for water resource needs and recreational needs,” Burchfield said. “During drought, the minimum flow is really critical.”

Daniell Gilbert of White Water Express said white water trips have still been active in flows as low as 800-900 CFS. White water rafting trips have been an economic engine in Columbus for the past 10 years, as recently reported.

“Drought’s aren’t noticeable in Georgia,” Tod Hamill, a hydrologist with Southeast River Forecast Center said. “All of the reservoirs in Georgia are man-made [because of the dams]. If we didn’t have those reservoirs our droughts and floods would be more pronounced. The reservoirs benefit the systems from top (Atlanta) to bottom (Lake Seminole).”

Governor Brian Kemp appointed Joseph Dent to a seat on the Superior Court for the Dougherty Judicial Circuit, according to the Albany Herald.

His appointment comes as the superior court in the Dougherty Judicial Circuit was expanded to have four judges.

Georgia’s film tax credit loses money for the state, according to the Rome News Tribune.

The state of Georgia loses money on its film tax credit program, according to the latest evaluation released last week by the Department of Audits and Accounts.

That’s “consistent with studies of other state film tax incentives programs,” the December report prepared by Georgia State University Fiscal Research Center notes.

The findings come as state lawmakers in a special study committee prepare recommendations on the use of tax breaks as economic drivers. The Joint Tax Credit Review Panel, led by Sen. Chuck Hufstetler, R-Rome, and Rep. Shaw Blackmon, R-Bonaire, is expected to introduce legislation targeting at least some of the many industry-specific incentives.

“It’s taking 1/12th of the total income taxes we collect to pay the film tax credit, and it’s generating only 1% of our revenue,” [Hufstetler] said. “It pays for things like private jets and personal trainers, and half the money leaves the state.”

The Newnan Times-Herald looks at potential candidates for the Congressional seat being vacated by U.S. Rep. Drew Ferguson.

“Obviously, any time there’s a congressional seat that comes open, people are interested,” said State Sen. Matt Brass of Newnan. “But this is too important to make a quick decision.”

While he said he thinks he might be able to make a difference there, he knows he’s already making a difference at the Georgia Legislature.

Former state Rep. Philip Singleton, a local Republican, released a statement Thursday evening stating he was also considering a run.

State Rep. David Jenkins, R-Grantville, is also considering running for the seat.

“I’ve pretty much spent my life in service to the community,” Jenkins said. “I just feel like this is a higher level of service.”

The AJC reports that David Jenkins announced his candidacy.

A Republican state legislator and U.S. Army combat veteran entered the race Monday for an open U.S. House district in west Georgia, becoming the first prominent contender to join what’s expected to be a parade of conservatives competing for the deep-red seat.

State Rep. David Jenkins said he can bring “real leadership, real perspective and real solutions” if elected to succeed U.S. Rep. Drew Ferguson, who announced last week he was retiring after four terms representing a district that stretches from Atlanta’s outskirts to the Georgia-Alabama line.

Jenkins emerged onto Georgia’s political scene in 2020 by defeating state Rep. Bob Trammell, who was the only remaining white male Democrat elected from rural Georgia in the Legislature and the leader of his party’s caucus in the House.

Former state Rep. Philip Singleton plans to enter the race in January. Drawn out of his district two years ago by top Georgia House Republicans, Singleton is now the top aide to U.S. Rep. Rich McCormick and could tap his fundraising apparatus.

“There’s going to be a lot of different people in the race – probably eight or 10 will come out the gate,” said former U.S. Rep. Lynn Westmoreland, a Republican who retired in 2016 and was succeeded by Ferguson. “But the more they look at it, the race will narrow down to four or five.”

(Westmoreland added: “It ain’t going to be me. I would need a good divorce lawyer if I did that.”)

Macon District Attorney Anita Howard requested records from an investigation into a Macon Water Authority board member, according to 13WMAZ.

Macon District Attorney Anita Howard says she wants to take a look at all documents relating to a 2021 investigation into Macon Water Authority board member Desmond Brown.

The request comes within two weeks of 13WMAZ’s story that includes a clip of Brown appearing to thank Howard for not prosecuting him. In 2021, the Macon Water Authority started investigating Brown for possible misconduct in office and potential violations of state ethics laws.

The authority hired former Macon District Attorney David Cooke as special counsel to investigate. His report alleged Brown had a pattern of defrauding elderly women, telling them he’d complete work on their houses and never finishing it.

Howard’s wrote this week to Macon Water Authority Chairman Gary Bechtel, asking him to forward Cooke’s entire report to her office by Dec. 31. Howard also asked for all other evidence and documentation, and asks anyone with information to contact law enforcement or her office.

According to Cooke’s report, Brown is a contractor and tried to get the authority to pay out insurance money to one of his clients. Cooke says that’s a clear conflict of interest.

Brown stepped down to run for chairman, so the investigation stopped, according to former Macon Water Authority Chairman Sam Hart. When Brown won re-election to his old seat, District 2, it never resumed.

“This is no laughing matter,” Cooke said Friday. “Here, we have someone who clearly, clearly thinks that he should’ve been prosecuted, and clearly thinks that he would’ve been held accountable, were the current DA not the DA.”

Lawrenceville City Council adopted a revised Comprehensive Plan Update and Transportation Master Plan, according to the Gwinnett Daily Post.

Comprehensive plans are adopted every 10 years. The new plan details the city’s strategic direction and establishes a long-term, sustainable growth pattern framework.

“As stewards of progress, we continue to embrace the journey of shaping the future of our city,” said Lawrenceville mayor David Still in a news release. “United with the community and dedicated staff, we eagerly continue our collective endeavor to bring to life the shared vision we’ve embraced tonight, ensuring a thriving future for all.”

Developed through public engagement (including open house events, pop-up events, stakeholder committee sessions and an online survey) and steering committee involvement, the comprehensive plan focuses on demographics, land use, transportation, economic development, housing, broadband access and quality of life.

The comprehensive plan undergoes a thorough review by the Atlanta Regional Commission and the Georgia Department of Community Affairs to ensure it complies with standards and procedures established by the Georgia Planning Act and the Georgia Department of Community Affairs.

“Having earnestly collaborated with numerous resources and constituency groups to finalize the update of the city plan and transportation master plan, city staff has presented a realistic and feasible strategy for the future,” said Lawrenceville city manager Chuck Warbington. “The approval of these plans will ensure that future staff members, elected leaders, board members, residents and visitors to our city continue to process a robust and achievable road map for success.”