Georgia Politics, Campaigns & Elections for February 21, 2013

Georgia General Assembly

Senate Bill 12 by Senator Josh McKoon — relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity

Senate Bill 104 by Senator Frank Ginn and others — relating to the Department of Community Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to remove certain limitations on actions by counties or municipalities with regard to local plans

Senate Resolution 113 by Senator Bill “Put Down the Frying Pan, Ma” Jackson — authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties

Senate Resolution 201 by Senator Ed Harbison and Senator Josh McKoon — requesting that the Department of the Army (DA) carefully consider the socioeconomic impact the Programmatic Environmental Assessment (PEA) for Army 2020 Force Restructuring will have on Fort Benning, Georgia, and the surrounding region

Senate Meeting Calendar

TBD	RULES UPON ADJOURNMENT	450 CAP
8-9:00 AM	INSURANCE & LABOR Sub Com.	450 CAP
8:30 AM	EDUCATION & YOUTH Sub Com	307 CLOB
9:00 AM	HEALTH & HUMAN SERVICES Sub Com – Pharmacology	450 CAP
9:30 AM	APPROPRIATIONS	450 CAP
1:00 PM	INSURANCE & LABOR	450 CAP
1:00 PM	PUBLIC SAFETY Sub Com-Law Enforcement	125 CAP
2:00 PM	NATURAL RESOURCES & ENVIRONMENT -CANCELLED	450 CAP
2:00 PM	EDUCATION & YOUTH	307 CLOB
2:00 PM	FINANCE	MEZZ
3:00 PM	VETERANS & MILITARY AFFAIRS	125 CAP
4:00 PM	BANKING & FINANCIAL INS. – CANCELLED	310 CLOB

On the Floor of the State House of Representatives:

HB 126 by Rep. Mark Hamilton and others — relating to obstruction of public administration and related offenses, so as to provide a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger’s official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger’s official duties by offering or doing violence to the person of such park ranger

HB 234 by Rep. Lynn Smith and others — relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract

HB 254 by Rep. Bruce Williamson and others — relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card

HB 255 by Rep. Terry Rogers and others — relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety

HB 286 by Rep. Buddy Harden — to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name Hawkinsville-Pulaski County, Georgia

HB 232 by Rep. Paul Battles and Rep. Howard Maxwell — relating to employee and other contributions in the Regents Retirement Plan, so as to change the level of employee participation

HB 264 by Rep. Mike Jacobs and others — to amend an Act known as the “Metropolitan Atlanta Rapid Transit Authority Act of 1965,” approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to extensively revise such Act

HB 265 by Rep. Mike Jacobs and others — relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority

House of Representatives Meeting Calendar

10:00 AM	Floor Session (LD21)	HOUSE CHAMBER (10:00am)
TBD	ECONOMIC DEVELOPMENT AND TOURISM	Ante Room (Upon Adjournment)
8:00 AM	NATURAL RESOURCES & ENVIRONMENT	606 CLOB
8:30 AM	Jacobs Subcommittee(Two) of Judiciary Civil	132 CAP
9:00 AM	RULES	341 CAP
1:30 PM	JUDICIARY NON-CIVIL	415 CLOB
2:00 PM	BANKS & BANKING	406 CLOB
2:00 PM	Academic Support Subcommittee of Education	515 CLOB
2:00 PM	JUDICIARY CIVIL	132 CAP
2:00 PM	TRANSPORTATION	506 CLOB
3:00 PM	WAYS & MEANS	606 CLOB
3:00 PM	INTRAGOVERNMENTAL COORDINATION	403 CAP
3:00 PM	DEFENSE & VETERANS AFFAIRS	515 CLOB
3:00 PM	GOVERNMENTAL AFFAIRS	406 CLOB
4:00 PM	ETHICS	406 CLOB
4:00 PM	Setzler Sub of Judiciary Non-Civil	415 CLOB (Upon Adjournemnt of Full Committee)
4:00 PM	Ramsey Sub of Judiciary Non-Civil	506 CLOB

Dave Williams of the Atlanta Business Chronicle writes that the General Assembly was less productive this year at the halfway point than most years.

After punting the controversial public financing component of the new Falcons stadium proposal to the Atlanta City Council, lawmakers have a single accomplishment under their belts.

Even with that, Gov. Nathan Deal and legislative leaders found a way to avoid a direct vote to reauthorize a “bed tax” on Georgia hospitals to shore up the state’s financially struggling Medicaid program.

The House and Senate passed and the governor signed a bill handing jurisdiction over the charge to the state Department of Community Health, subject to annual legislative appropriations.

Thus, with the General Assembly still ultimately responsible for the amount of the tax, the legislature’s finessing of the issue amounted to a distinction without a difference.

Beyond that, as one lobbyist suggested recently, 2013 is shaping up as a session of “small ball” featuring passage of a host of bills on various subjects of interest to groups of constituents but lacking in big-picture legislation.

Ponder this for a moment: three bills that are being used outside Georgia to define the Republican Party are those allowing concealed weapons on Georgia campuses, supporting the repeal of the 17th Amendment to the US Constitution, and expanding use of the death penalty to gang cases, and possibly even where the jury is not unanimous days after we nearly executed a man who is mentally retarded. Most of these measures are widely considered to be highly unlikely to pass, but they’re all the media want to talk about.

#DeKalbBOE

Fulton County Superior Court Judge Kelly Amanda Lee declined to enjoin the Georgia State Board of Education from hearing today about whether they should recommend Governor Nathan Deal remove the DeKalb Board of Education.

On Thursday, the nine elected members of the DeKalb school board must confront that evidence, which is based on anonymous interviews and documents that are mostly not identified specifically.

The Southern Association of Colleges and Schools has alleged mismanagement and threatened to strip accreditation, imperiling the fortunes of college-bound students in Georgia’s third largest district. The agency’s judgment carries real legal clout, too, since it could cause the ouster of officials elected by local voters.

That has spawned a lawsuit over the Georgia constitution that will be decided later. DeKalb sought a restraining order against the state, but filed it too late to affect today’s hearing. A Fulton County judge will consider the request next week.

A 2011 Georgia law allows removal of board members in school districts that SACS or other accrediting agencies have placed on probation. The law requires the state education board to make a recommendation to the governor. If the recommendation is for removal, Gov. Nathan Deal can suspend the entire board and name replacements.

But DeKalb alleges in court that this is unconstitutional because the law “illegally defers to the unelected and unaccountable SACS” the power to initiate suspension proceedings “without any inquiry into whether an elected local board of education member has committed any misconduct.” It “unconstitutionally creates an unreasonable qualification for local school board members: that they must remain in the good graces of an unelected, unaccountable private agency.”

State Senator Fran Millar thinks the State School Board should recommend the removal of DeKalb’s School Board Members.

State Senator Fran Millar of Dunwoody says that, at the hearing tomorrow, the state officials should recommend to Governor Deal that he replace the board.

“I think they’ve had more than enough chances at this point,” Millar says. “I think their behavior over the last month has shown nothing that they’ve tried to get ready for this hearing. And, we’ll see what happens.”

However, the DeKalb board will have their day in court. Judge Lee has scheduled a hearing for February 28th. At that time, the state will have to explain why DeKalb shouldn’t get a restraining order to keep the governor from suspending the board, if state officials recommend it.

WABE has copies of the lawsuit filed by the DeKalb County School Board and Judge Kelly Lee’s order denying injunctive relief.

#GAGOP

Former Senator Seth Harp has challenged the other candidates for Chairman of the Georgia Republican Party to debate in front of grassroots activists.

I have invited the other declared candidates for State Chairman of the Georgia Republican Party to join me in a series of debates across Georgia. It is my belief that we have a responsibility to appear before the grassroots leadership to discuss the issues, answer their questions, and be accountable to them.

#GA2014

I wrote earlier this week that Georgia will be a major battleground in the fight over the heart of the Republican Party between Karl Rove’s Conservative Victory Project and Tea Party activists. The second major fight will be between the GOP and the Democrats, and what I originally thought was likely to be 2016, might be an immediate follow-on in 2014. Bear with me a minute.

It’s no secret that Atlanta Mayor Kasim Reed, who is seeking reelection this year, is close to the President. They also have a common ally in Tharon Johnson, who managed both Reed’s 2009 campaign and the Southeast Region for Pres. Obama’s reelection. President Barack Obama has announced that he will deliver the Commencement address at Morehouse College in May and it’s rumored he will make several more trips in 2013 and 2014.

Reed has previously said that Georgia should go blue in 2016, electing a Democrat at the State level, but that statement was before Senator Saxby Chambliss announced his retirement.

But a bruising GOP Primary next year with millions of dollars of out-of-state money could produce a weakened nominee or a nutjob. And a second-term President seeking a legacy might conclude that Georgia will be in play two years early — if Kasim Reed is the Democratic nominee. Reed’s nomination with the President’s backing might also mean that some of the GOP business community that have supported Mayor Reed might be faced with the choice between a Mayor they know and a far-right whacko they don’t.

And having a Democratic United States Senator elected in 2014 would give Dems a major boost in the 2016 elections.

Nate Silver’s statistical analysis predicts an 85% chance of Republicans holding the Chambliss Senate seat in 2014.

Republican voters are likely to have a wide field to pick from to replace their retiring incumbent Saxby Chambliss, probably including several very conservative representatives who could prove to be high-risk candidates in the general election. But it is unclear whether Democrats are positioned well enough in Georgia to take advantage of the opportunity. The state has been modestly competitive in the past two presidential elections, but that is partly because of high turnout among African-American and college-age voters for Mr. Obama, groups that are less likely to turn out in midterm years. Polling suggests that moderate Democrats like Representative John Barrow or former Gov. Roy Barnes could be tough opponents, but neither has declared for the race, nor have Democrats succeeded in recruiting any major candidates so far.

It’s that 15% chance, along with the possibility, however remote, of an Obama-backed bid by Kasim Reed that keep me awake at night.

Rumor has it that Republican Rick W. Allen, who ran for the 12th Congressional District seat in 2012, has been making rounds in Washington, DC, possibly lining up support for a 2014 bid.

Good News

Berry College is home to a nest of Bald Eagles, and it appears that the nest hosts two new babies.