Last minute debt deal a day late and $4 trillion short

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March 20th, 2010
Wendell Willard / In The Well

Taxes, Taxes, Taxes


The General Assembly is virtually consumed with issues addressing the budget and how to fill the deficit gap between revenue and services. We are determined not to increase taxes.

The General Assembly is virtually consumed with issues addressing the budget and how to fill the deficit gap between revenue and services. We are determined not to increase taxes.


So how else can we grow revenue in the short term?


Several bills making their way through committee are designed to enforce revenue collections already mandated and due, but not paid, or adjusting fees upward to align with the actual costs of various services provided by state. As Speaker David Ralston (R-Blue Ridge) noted, “We are either going to have fees cover the actual cost for delivery of governmental services, or we support taxpayers subsidizing the cost for the services.”  So, all fees are under review. Revenue increases from these changes are expected to add more than sixty million dollars to the state’s strapped coffers. This is not small change.


GUT CHECK TIME


As I have said to people when talking about this session, it is gut retching; the hardest one I’ve been through in my career. As statesmen my colleagues and I are now forced to make hard choices in determining which programs is worthy of continuing, and which ones are not. All have some degree of value, or we would likely already cut them. Yet, it has provided an opportunity for us to weed out many unnecessary and wasteful spending programs that might not have been found, except for the current fiscal crises. As Speaker Pro-Tem Jan Jones (R-Milton) has commented, “Never let a deep recession go to waste.” There is often some semblance of silver lining even the darkest of clouds.


We should have a budget to present within two weeks. Because of our continuing in- depth review of appropriations versus needs, the session has been extended far longer than any I have ever served in.


SHORT CIRCUIT


On Tuesday, the Chief Justice of The Supreme Court of Georgia, Carol Hunstein, gave her State of the Judiciary address to a joint session of the House and Senate. No, it’s not generally a highlight of the session, but she did point out how much the judiciary is cooperating with expense reduction. But her remarks reminded us that we are walking a thin and dangerous judicial line. We are fast approaching the risk of failing to meet our constitutional obligation of supporting public safety as it relates to the prosecution of criminals, an essential part of our judiciary branch of government, which is a core duty of state government under our constitution.


Perhaps because I am a lawyer, I see the role of our courts differently than some of my colleagues and strive to inform them of the vital role the courts play in our constitutional form of government. The courts are the final arbiters, and protector, of the freedoms guaranteed us under our federal and state constitution. When we fail to financially support the core services performed by the courts, we endanger the ability of our judicial system to fulfill the vital work of overseeing the executive and legislative branches of our government. It can endanger the courts primary duty of keeping criminals off the streets and protecting our safety. Our democratic form of government is dependent upon having an independent judicial branch, properly supported by the other governmental branches. In this rests the danger of the executive and legislative branches destroying the judicial branch by failing to financially support its viability.


EVIDENCE CODE


This brings me to another bill I sponsored and got through the House by passage this week, HB 24, a complete rewrite of our existing “Evidence Code”.  A boring discussion to a large segment of our public, but a good step toward bringing our court system in line with the vast majority (42) of our sister states which have already adopted what is referred to as the ‘Model Code’ of evidence rules. These rules define how testimony and documents are accepted in our courts. This code is patterned after the federal rules of evidence and standardizes evidence rules throughout the country where adopted.


BEWITCHING TIME


Next Thursday is what I call the “bewitching time”, as we reach day 30-crossover day. What does that mean? Well, it is the last date when a bill may pass one house; go over to the other body, to be considered by the other and passed, then sent to the Governor for review and signing. As always happens, a rush begins by Legislators to get their bills completed in the committees where they are under consideration, submitted to Rules Committee and, hopefully, allowed to be placed on the debate calendar for vote on the floor. This goes on in both chambers and really gets hectic. It’s extremely difficult to keep up with the flood of bills coming forward and great care must be taken not to let bills pass which may implement bad policy for the state. This particular day usually goes late into the evening.

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