Governor Perdue Issues Signing Statements for 3 Bills, Vetoes 16 Bills
Monday, May 11, 2009 |
Contact: Office of Communications 404-651-7774
|
Governor Perdue issued signing statements on the following bills: HB 60, HB 186, and HB 189.
The following bills were vetoed: HB 56, HB 100, HB 481, HB 553, HB 662, HB 710, HB 734, HB 735, SB 123, SB 159, SB 178, SB 211, SB 261, SB 266, SB 267, and SR 431.
Signing statements and veto messages for each bill are below.
Signing Statement 1
HB 60 House Bill 60 seeks to address the situation where persons may hold themselves out as licensed professional counselors, social workers or marriage and family therapists if they have a different professional license, but not one issued by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists. I have spoken with the author of this legislation, and we agree that HB 60 limits an otherwise licensed person from using the term “licensed” or “licensure” immediately preceding or subsequent to the terms “professional counselor,” “social worker” or “marriage and family therapist,” unless that professional has a license issued for the same. The legislation does not, however, prevent a licensed professional from citing his or her license and explaining an expertise or specialty in professional counseling, social work or marriage and family therapy. For example, after my signing of HB 60, a psychologist licensed solely by the Georgia Board of Psychology could lawfully state that he or she is a “licensed psychologist specializing in marriage and family therapy.” The same psychologist could not, however, claim to be a “licensed marriage and family therapist.” If necessary, I will work with the legislative sponsor of HB 60 on any legislative revisions that may be needed in the 2010 session of the General Assembly.
Signing Statement 2
HB 186 I have signed House Bill 186, which extends the sunset of the telework tax credit and expands the annual amount of the tax credit available. I signed this bill, as I believe in the intent of this legislation to be helpful in the goals of reducing traffic and emissions caused by traffic. However, I have concerns that the use of this credit may have become broader than the intent of the credit. Therefore, I am asking the Department of Revenue to review the eligibility standards and approval processes required of the Department in order to confirm that such standards and processes are in accordance with the intent and text of the law.
Signing Statement 3
HB 189 I signed House Bill 189, which requires private child support collection agencies operating in
Veto Number 1
HB 56 House Bill 56 relates to the distribution of local option sales tax proceeds among counties and cities. The bill changes the process whereby counties and cities must renegotiate a new distribution formula after a census. Currently, if the county and qualified cities therein cannot agree on a new distribution formula, the tax is repealed. The bill removes that automatic repeal and allows sales taxes to continue to be distributed under the old formula while cities and counties litigate over a new formula. I believe that the most powerful incentive for local governments to agree is the potential loss of funds for lack of agreement. Because this bill removes the current powerful incentive, I VETO HB 56.
Veto Number 2
HB 100 House Bill 100 provides changes to
Veto Number 3
HB 481
Consistent with the economic downturn experienced across our country, in Fiscal Year 2009 state general fund revenues are expected to be $2.7 billion less than the original revenue forecast for the Fiscal Year 2009 Budget. Given this reduction of 13.3%, the State has drastically and appropriately reduced employment and the purchases of goods and services in order to live within our means. Furthermore, in Fiscal Year 2010 state revenues are currently forecast to be $17.0 billion, an amount that is 16.8% below Fiscal Year 2008 state revenues, demonstrating negative revenue growth in three years. During a period of growth in our economy, the budget may be able to absorb tax cuts that result in short term revenue reductions but provide long term economic benefits. We are not, however, experiencing a growing economy at this point. Accordingly, the current budget environment – where revenues are continuing to decline and not expected to recover in the near term – the short-term revenue reduction resulting from large tax cuts cannot be sustained in a manner consistent with the budgets passed by the General Assembly.
The General Assembly enacted a budget that contemplates current falling revenue but does not incorporate the additional, significant estimated revenue reductions resulting from House Bill 481. While some argue these tax reductions will ultimately generate more revenue, the constitutional restraint of a balanced budget prevents policymakers the luxury of time to allow that growth to overcome the short-term loss of revenue. Should the General Assembly choose to enact a budget next session that incorporates the estimated revenue reductions caused by large tax cuts, I would entertain such cuts at that time.
House Bill 481 combines a number of tax and fee provisions. These provisions include: a suspension of certain business activity filing fees with the Secretary of State; changes to the unemployment tax; a $2,400 per employee tax credit provided to companies hiring employees meeting certain conditions; a phase out of the estimated sales and use tax paid by certain retailers collecting sales and use tax; the elimination of the net worth tax paid by companies; and a reduction in the long term capital gains tax rate. Estimates of the revenue impact to the State and the related additional cuts in services to residents as well as reductions in state purchases and employment aggregate in excess of $1.5 billion over the next three years, with over $145 million in reductions required in Fiscal Year 2010, which begins on July 1, 2009. Given that (1)
Veto Number 4
HB 553 House Bill 553 establishes a Local Government Equipment Financing Authority and a County Government Equipment Financing Authority. These authorities would enable a mix of local governments to come together through these authorities and incur debt to finance purchases of personal property. I have concerns about increasing debt through the use of authorities when there remains an existing non authority based process for local governments to finance purchases, and, therefore, I VETO HB 553.
Veto Number 5
HB 662 The original version of HB 662 was legislation I supported to move the Capitol Police from the Georgia Building Authority to the Georgia State Patrol, thereby realizing efficiencies by administratively aligning law enforcement agencies. HB 662 was amended during the legislative process to provide the exact opposite. Because I believe the bill as introduced creates more value for Georgians, I VETO HB 662.
Veto Number 6
HB 710 House Bill 710 amends the South Georgia Regional Information Technology Authority's board membership by adding representation from the Flint River Soil and Water Conservation District. Since the introduction of this legislation, the Flint River and Soil and Water Council has subsequently elected to withdraw from participating in the Authority; consequently, I VETO HB 710.
Veto Number 7
HB 734 House Bill 734 changes the manner in which the City Commission of Waycross conducts public business. Currently, any person may address the City Commission so long as such person documents a desire to speak at least two business days before the Commission meeting. With HB 734, the General Assembly superseded the local ordinance requires the City Commission to hear any municipal citizen for five minutes if the citizen expresses interest in speaking sometime before the meeting. Because such regulations go to the heart of municipal self-government, they are usually created -- and changed -- by local ordinance. In addition, the City Commission was not consulted before this legislation was introduced, and input from local constituents was overwhelmingly against the proposal by a margin of two to one; consequently, I VETO HB 734.
Veto Number 8
HB 735 House Bill 735 changes the manner in which the Ware County Commission conducts public business. Currently, any person may address the
Veto Number 9
SB 123 Senate Bill 123 provides that pharmacy benefit managers must obtain a license from the Georgia Department of Insurance to do business in
Veto Number 10
SB 159 Senate Bill 159 creates a Hemophilia Advisory Board that will make recommendations about the treatment of hemophiliacs and others with blood disorders to the Director of the Division of Public Health and the Commissioner of Insurance. The legislation requires the Advisory Board also to make recommendations on the standards of care for persons with hemophilia and other blood disorders. I believe this could create unnecessary litigation and usurp the role of expert testimony properly qualified by the General Assembly’s adoption of the Daubert standard in O.C.G.A. § 24-9-67.1. I have spoken with the bill’s legislative sponsor and, consequently, I will issue an Executive Order to establish an advisory board similar to the one contemplated by SB 159. For these reasons, I VETO SB 159.
Veto Number 11
SB 178 Senate Bill 178, in its original form, extended the sunset on
I have long supported funding dual enrollment in a manner that covers the costs of the program at both the high school and higher education levels without using taxpayer funds to pay twice for the same student enrolled in the same class. I am working closely with policymakers and persons interested in this issue, the ongoing process has been data-driven, and I am confident that the solution we will reach will be the right one for all parties involved. The solution offered in SB 178, however, imposes a funding requirement that is arbitrary and singles out charter schools and career academies for special treatment while ignoring dual enrollment programs in all other public high schools.
When Members of the General Assembly introduced the BRIDGE legislation last year, a fiscal note by the Department of Audits in conjunction with the Department of Education estimated the cost at $1.2 billion. The General Assembly did not request a fiscal note this year, but the Governor’s Office of Planning and Budget estimated that the current bill will impose an immediate one-time cost of $417 million and an ongoing annual cost of $146 million. Notwithstanding my substantive policy concerns about this bill, the State simply cannot afford it at this time. For these reasons, I VETO SB 178.
Veto Number 12
SB 211 Senate Bill 211 creates a set-aside for the purchase of routine office supplies outside of the established state procurement process. Office supplies currently represent approximately $40 million in annual state spending. The goal of state purchasing should be to obtain the best value for
Veto Numbers 13, 14, and 15
SB 261, SB 266, SB 267 Senate Bills 261, 266 and 267 freeze the ad valorem tax rates in the
Veto Number 16
SR 431 Senate Resolution resolves that the Georgia Civil War Heritage Trails, Inc. “has the sole authority to plan, construct, and maintain Civil War era historic driving trails upon any roadway in the State of
###