Governor Sonny Perdue Issues Signing Statements on Four Bills, Vetoes 17 Bills

Wednesday, May 14, 2008

Contact: Office of Communications 404-651-7774

ATLANTA – Governor Sonny Perdue today issued signing statements on four bills and vetoed 17 bills passed by the General Assembly.

Governor Perdue issued signing statements on the following bills: House Bill 1245, House Bill 1277, Senate Bill 276 and Senate Resolution 1063.

The following bills were vetoed: House Bill 119, House Bill 373, House Bill 887, House Bill 978, House Bill 1027, House Bill 1116, House Bill 1129, House Bill 1217, House Bill 1249, Senate Bill 196, Senate Bill 345, and Senate Resolution 820.

The following local legislation was vetoed: House Bill 552, House Bill 821, House Bill 828, House Bill 857 and Senate Bill 553.

Signing statements and veto messages for each bill are below.

 

Signing Statements

 

House Bill 1245

I signed House Bill 1245 because it provides necessary changes to Georgia’s Public Defender Standards Council, and it rightly restricts the use of senior judges in capital cases.  But in addition to those matters, Section 13 of the legislation extends the sunset for what is known as “Joshua’s Law,” a program that imposes additional fees on persons convicted of moving violations to help pay for driver education. Irrespective of the merits of extending Joshua’s Law, Article 3, Section 5, Paragraph 3 of the Georgia Constitution provides that “no bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof.” Put simply, statutes should be limited to a single subject so that the members of the General Assembly may cast informed votes on the important matters before them.  Extending Joshua’s Law – due to a last minute conference committee addition – violates at least the spirit of the single subject rule.  However, I believe the benefits of this legislation outweigh the harm in this case.  By this signing statement, however, I am expressing my concern with non-germane amendments inserted at the eleventh hour, and I hope the members of the General Assembly will agree with me during the next legislative session.

 

House Bill 1277

House Bill 1277 provides access to the State Health Benefit Plan for charter school employees. I support this policy, and I am appreciative that the sponsor of the legislation worked with my Administration during the session to resolve those concerns that made me veto a similar bill last year. My signing of this legislation should not be considered acquiescence of any other employee benefits beyond policy makers’ intent to allow charter school employees to enroll in the State Health Benefit Plan; no other aspect of a charter school employee’s employment is affected by my signing of House Bill 1277.

 

Senate Bill 276

I signed Senate Bill 276 because I believe the market should be allowed to regulate automobile insurance rates in order to provide flexibility for Georgia’s drivers and insurers.  I also believe that providing insurers access to a market largely free from rate regulation provides economic development advantages to Georgia. Despite statements to the contrary, approximately half of the states do not regulate the price of automobile insurance, and my study of the issue revealed no discernable difference between rates of automobile insurance in regulated and unregulated states. Further, it is important to me that rates of automobile insurance policies that contain only the mandatory provisions must still obtain the approval of the Department of Insurance. I am also taking the automobile insurance industry at its word that it will embark on an education campaign to inform Georgians of the ability to opt-out of the stacking provision contained in this legislation.  Importantly, however, policymakers will be watching to make sure that the freedoms provided in this legislation will not be abused.

 

Senate Resolution 1063

Senate Resolution 1063 urges the Georgia Environmental Protection Division (EPD) to adopt an appropriate water quality standard for the Savannah Harbor, a process that is currently underway by EPD. I support this effort. In fact, EPD has already briefed the DNR Board on the need for a Savannah Harbor dissolved oxygen standard and expects to brief the DNR Board on the specific standard to be recommended in June 2008. EPD has worked closely with USEPA, South Carolina, the Georgia Ports Authority, industry and other affected stakeholders to determine a standard that can be approved by USEPA. SR 1063 identifies the "modified Virginia Province" as the correct approach for the development of a new standard; however, this is only one of several approaches already being considered by EPD. The final approach and resulting standard determined by the EPD process currently underway must be one that is suited to the hydrologic and environmental characteristics of the lower Savannah River watershed in Georgia and South Carolina.

 

General Legislation

 

House Bill 119

House Bill 119 raises the statutory compensation for Georgia’s Supreme Court justices, Court of Appeals and Superior Court judges and District Attorneys.  I have consistently expressed concern with raising judicial officers’ salaries without tackling the well above-market retirement benefits.  In addition, I commissioned a review of judicial pay in Georgia and found it in line with competitor states and various counsel. The same review also confirmed that the judiciary’s retirement benefits are far above market average. I have seen no compelling data to the contrary.  I disagree with those who have suggested that current judicial pay has diminished the quality of applicants for judicial office. Contrary to such critics, I continue to be impressed with the quality and character of those who offer themselves for public service in the State judiciary.  I have full confidence in the abilities of those I have appointed to the bench as well as many of the candidates I have interviewed. These facts lead me to conclude that no data demonstrates a need to raise judicial compensation at this time, so I VETO House Bill 119.

 

House Bill 373

House Bill 373 addresses two unrelated retirement issues: return to work and the transfer of credible service between retirement systems. The bill would allow retired members of the Uniformed Division of the Department of Public Safety to return to work full time, which runs counter to the purpose of retirement benefits and the choices made by those members who decided to retire. Whatever perceived ills this legislation seeks to address should be assuaged by my budget recommendation that includes funding for personnel at the Department. Thus, the fiscal and policy concerns I have about this legislation require me to VETO House Bill 373.

 

House Bill 887

House Bill 887 creates a Master Settlement Agreement Advisory Committee on Tobacco Use Prevention and Control Programs within the Department of Human Resources. It is my view that the Advisory Committee duplicates the duties of the Executive and the Legislative branches in representing the voices of Georgians. I am not convinced that that various groups named to the Committee lack access to Georgia’s policy makers. I am also concerned that other groups might have been inadvertently omitted or overlooked. I am confident that my Administration and the General Assembly remain open to input from all Georgians on this issue. Consequently, I VETO House Bill 887.

 

House Bill 978

House Bill 978 requires that law enforcement officers impound the vehicle of any person caught driving without a valid driver’s license.  While it does provide three exceptions – (1) persons driving with an expired license; (2) first-time offenders that are under 17 years of age; and (3) persons otherwise exempt from carrying a Georgia drivers’ license – it mandates impoundment in all other circumstances.  To help address what I believe to be the concerns of this legislation’s author, I have already signed Senate Bill 350, which enhances the penalties for driving without a valid drivers’ license. However, because I believe that officers should have discretion to determine when a vehicle should be impounded, and because I am concerned about how this legislation will impact new residents to Georgia, I cannot sign House Bill 978. I therefore VETO House Bill 978.

 

House Bill 1027

House Bill 1027 would allow certain offenders to take online driver improvement programs.  It maintains a fee of $75.00 for classroom courses and Internet-based programs through May 31, 2008; subsequently, both online and classroom courses may charge no more than $75.00. I believe that the delivery of online classes should be less expensive than classroom courses, which is not wholly reflected in House Bill 1027. More importantly, I have serious concerns about the integrity of a punishment that permits habitual violators of Georgia’s traffic laws to take online courses. For these reasons, I VETO House Bill 1027.

 

House Bill 1116

House Bill 1116 extends the sunset on the Probation Management Act.  It also raises the statutory minimum amount that the State Treasury must reimburse county governments for housing persons convicted of felonies from $7.50 to $25.00, an over 333% increase, per day commencing on the fifteenth day after receipt of sentencing documents.  The latter provision will not be effective until 2010. I support the extension of the Probation Management Act, but I believe decisions about compensation for counties should be made in the budget not statute. Accordingly, I VETO House Bill 1116.

 

House Bill 1129

House Bill 1129 provides sales tax refunds for certain tourism related projects. Anytime the State uses public funds to subsidize companies locating or expanding in Georgia, we have an obligation to insure that the economic development returns exceed the investment. To these ends, I have charged the Department of Economic Development to use prudently the incentives available under existing law to attract tourism companies to locate in Georgia. Given these principles, I am not persuaded that the fiscal costs of this legislation outweigh the potential benefits. First, the case has not been made that companies’ decisions to locate tourism attractions are based on tax incentives rather than traffic, demographics and other objective factors. Georgia will, therefore, likely not achieve the full benefit of net new jobs that are expected from this legislation. Second, imposing an incentive structure like the one in House Bill 1129 could result in excessive application, and it could create a perceived entitlement for new and existing Georgia companies. Put differently, codifying potential tourism incentives sets a floor in negotiations, and I believe it raises the expectation for additional incentives. It is preferable to handle each project on a case-by-case basis, which may include – with the approval of the General Assembly – some of the types of incentives provided in House Bill 1129. Given these concerns, I cannot support and therefore VETO House Bill 1129.

 

House Bill 1217

House Bill 1217 provides a regime to license Georgia’s home inspectors. I am cognizant and respectful of the fact that the advocates for the legislation chose to use and were approved by the Georgia Occupational Regulation Review Council (GORRC). I have come to believe that GORRC review should be the initial threshold for the creation of a new licensing board.  I am also aware that the private sector provides several, voluntary professional organizations to achieve the goals of the legislation. It is my preference that the market – not the State – regulate as many of our industries as possible. Thus, in order to not supplant the good work of the free market with taxpayer funds, I VETO House Bill 1217.

 

House Bill 1249

House Bill 1249 provides several new tax credits related to solar energy companies establishing or expanding a headquarters in Georgia. I support the location and expansion of clean energy companies in Georgia, but the precedent set by this legislation is too costly to be applied across the board.   Specifically, House Bill 1249 provides overly generous tax subsidies for (1) research and development; (2) jobs; and (3) capital construction.  It allows the tax credits to be offset against withholding or sales and use taxes owed to the extent the beneficiary’s tax credit exceed its taxable income. The cost of this legislation – that currently benefits only one company in Georgia – is over $4 million in State revenue.  Because of my concern that this rich package will be the perceived standard for similar industries in Georgia, I am compelled to VETO House Bill 1249. 

 

Senate Bill 196

Senate Bill 196, like House Bill 311, expands on the HERO scholarship program.  I have already expanded the reach of the HERO program by signing House Bill 311. The differences between this legislation and the existing and expanded program make it difficult to administer. Beyond this, the General Assembly appropriated no funds to implement Senate Bill 196. For these reasons, I VETO Senate Bill 196.

 

Senate Bill 345

Senate Bill 345 mandates Georgia’s participation in the Interstate Compact on Educational Opportunity for Military Children, which would assess unspecified fees on Georgia to be appropriated by the General Assembly. Should the General Assembly fail to appropriate the undetermined amount, the proposed compact would subject the State of Georgia to a lawsuit to recover funds. I cannot support a self-perpetuating financial obligation imposed on Georgia tax payers.  I fully support efforts to enhance the quality of life for children of military families stationed in Georgia, and I encourage the Department of Education to adopt policies to reach these ends.  I believe, however, that the proposed compact represents an abdication and unconstitutional binding of the Legislature’s powers of appropriation.  I therefore VETO Senate Bill 345.

 

Senate Resolution 820

Senate Resolution 820 creates a Joint Study Committee to examine law enforcement within the Department of Natural Resources. The stated objective of the Study Committee is to “undertake a study of the conditions, needs, issues, and problems” facing the Department of Natural Resources, but the proposed study committee fails to include any representation from the Executive Branch.  It is my belief that formal examinations of an Executive Agency should include representatives from the Executive Branch of government. For this reason, I VETO Senate Resolution 820.

 

Local Legislation

 

House Bill 552

House Bill 552 authorizes the City of Snellville to act in a manner consistent with the Redevelopment Powers Act. At the request of the sponsors, I VETO House Bill 552 as duplicative of House Bill 1261.

 

House Bill 821

House Bill 821 changes the compensation for the Office of Cobb County Solicitor-General.  At the request of the authors, I VETO HB 821.

 

House Bill 828

House Bill 828 would move Banks County from the Lanier Technical College service delivery area to the North Georgia Technical College service delivery area. It is my understanding that this legislation circumvented the normal process for making such a change: consulting the Department of Technical and Adult Education, now known as the Technical College System of Georgia. In order to allow the System to best plan for Georgia’s students through discussions with the legislative branch, I VETO House Bill 828.

 

House Bill 857

House Bill 857 increases the salary for the Sheriff of Washington County.   Last year I vetoed legislation passed under similar circumstances, explaining that “The County Commission was not consulted before this legislation was introduced, but the County Commission must provide for the unfunded mandate contained in [the vetoed legislation] through taxpayer funded general revenue. I do not support unfunded mandates generally, especially when local governing authorities did not have the benefit of consultation prior to the Legislative Session.” For identical reasons, I VETO House Bill 857.

 

Senate Bill 553

Senate Bill 553 changes the corporate limits of the City of Ringold. At the request of a member of the local delegation, I VETO Senate Bill 553 to allow the parties time to resolve the matter without State intervention.

 

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