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Wednesday, February 25, 2009

The speedy but rocky first vote on Gov. Sonny Perdue’s transportation bill

The Senate Transportation Committee late Wednesday passed out Gov. Sonny Perdue’s legislation to reorganize the state’s transportation agencies — which allowed S.B. 200 to keep moving at breakneck speed despite serious questions raised by both Democrats and Republicans.

The final vote was 8-3, with Democrats forming the opposition. But two Republicans expressed reservations and a fourth Democrat left before the vote. So the outcome wasn’t as certain as the final vote indicates.

“I think I’m speaking for many of my colleagues on both sides of the aisle, some of whom can’t really speak up on this issue and their concerns, that we’re rushing this bill through, very quickly,” said state Sen. Doug Stoner (D-Smyrna). “There are a lot of questions, and I think the proper way to do this would be by constitutional amendment.”

Though he won the day, bill sponsor Tommie Williams of Lyons, the Senate president pro tem, found himself on the defensive through much of the hour-long hearing — the second in two days.

Williams argued that the current state transportation system has utterly failed, and the resulting traffic congestion has cost jobs and increased costs. “I can’t explain to anyone that 16 years is necessary to plan a road,” he said.

But other testimony raised several points that could crop up later, complicating the greased track envisioned by S.B. 200’s powerful authors:

— Both the Georgia Municipal Association and the Association County Commissioners of Georgia pointed out that the measure created an “earmark” system — by permitting the General Assembly to determine the destination of one in every 10 transportation dollars, or about $200 million a year.

Tom Gehl of the Georgia Municipal Association didn’t use the “c” word — that’s “corruption,” for strangers to this page — but he sure hinted at it.

“We’re concerned that this does set up a potential new legislative earmark process similar to the congressional process, that would put into competition a local governments all over the state for trying to woo the favor of members of the General Assembly, rather than some competitive process or merit-based process,” Gehl said.

— Gehl also raised the matter of whether the legislation might require U.S. Justice Department clearance, since it guts the policy-making duties of the current board that governs the state Department of Transportation.

Membership on the DOT board is based on the state’s 13 congressional districts, six of which are controlled by Democrats. Three African-Americans sit on the board.

The governor’s measure would create a State Transportation Authority with an 11-member board appointed by the governor, House Speaker Glenn Richardson and Lt. Gov. Casey Cagle.

Georgia is subject to the federal Voting Rights Act. Any state-passed statute that tinkers with minority ballot representation must pass muster with the feds. The governor’s office doesn’t think the Voting Rights Act applies, but with an Obama administration in place, someone’s likely to test that theory.

— Democrat Valencia Seay of Riverdale questioned whether the legislation cut the legs out from under state Transportation Commissioner Gena Evans, the first woman to head the department, who was appointed at the end of 2007.

“I personally don’t feel we’ve given the commissioner a chance to show that it can be done,” Seay said.

Replied Williams: “The commissioner has done all she can do at this point….“

— But the most intriguing portions of the transportation committee meeting were a series of exchanges about passages in S.B. 200 that would permit the State Transportation Authority, when it chose, to select someone other than the low-bidder on contracts.

Steve Thompson (D-Powder Springs) was the first to raise the topic.

Thompson: Is there any question that we’re doing away with competitive bidding?

Williams: Currently in the bill, there’s only competitive bidding. But the [authority] can, by rule, create other alternatives for construction.

Thompson: Why would we do that with the people’s money, if this low bid — subject to qualifications, which the way the law is now, they can decide who’s qualified — why would we do that with the public’s money?

Williams: Senator, there are lots of other ways to construction projects other than low bid. And low bid does not always mean the best job, it doesn’t always mean the job’s completed on time. There are other ways to hold managers accountable, to get the job completed….

Thompson: Why would we do this with the people’s money? They can actually, now, turn down the bids and re-bid it. …

Williams said he was open to changes in the bill, reminding the committee that S.B. 200 was not introduced “by one of the governor’s floor leaders.” (Thompson bowed out of the meeting early, declaring he knew how to count votes.)

Among the first to testify against the bill was Neil Herring, a Sierra Club lobbyist who agreed with Thompson’s assessment. “This bill actually authorizes the new agency to set up any rule they like on bidding for projects,” he said.

But Herring pointed out something else. The measure would create not only the State Transportation Authority, but a parallel organization called the State Transportation Agency controlled by the same 11-member board.

The authority would handle policy, the agency would handle the cash. But the agency would be exempted from the Georgia Administrative Procedures Act, Herring said. “I think we’ve got a transparency problem there that needs to be looked at very carefully.”

Just before the final vote, state Sen. Kasim Reed (D-Atlanta) — one of several candidates for mayor of Atlanta — again drilled Williams on the issue of competitive bidding.

Reed: Why do you want to move from a standard that I think works and that has prevented a substantial amount of fraud in the contracting process to a space that has greater risk?

Williams: Because I think there are other models out there that are also good for the taxpayer…..I just think the department ought to have the liberty to use some of these other construction techniques.

Specifically, Williams said the state could get better bargains by offering contracts that combine planning, engineering and construction — which would save on time and money.

S.B. 200 passed with only one amendment, offered by John Douglas (R-Social Circle), which demanded that the Senate approve appointments to the STA board by the governor and lieutenant governor.

But after the meeting, Reed declared what he thought to be at work in the governor’s bill — an attempt, by eliminating low-bid requirements, to create road construction packages big enough to attract multi-national companies. At the expense of local road-building companies — who’ve had a rocky relationship with Perdue.

“I’m not going to sit here and be a part of it, something that at the end of the day is going to be bad for Georgia-based companies,” Reed said.

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Reading material for your drive home

The great fear among business types is that the push for a sales tax for transportation — whether regional or statewide — will be swamped by Gov. Sonny Perdue’s decision to propose a reorganization of Georgia’s transportation agencies.

billboard.jpg

So Get Georgia Moving, a coalition pushing the increased funding for roads and rail, is trying to make sure the need for more funding doesn’t get lost in the congestion — with green-and-white billboards posted above some of metro Atlanta’s most reliable traffic bottlenecks.

The high-rise advertisements will be going up at:

— I-285 at South Cobb Drive, northbound;

— I-75/85 on the Downtown Connector, north of Abernathy Boulevard across from Turner Field, southbound;

— I-75 at West Paces Ferry Road, northbound;

— I-75 at Delk Road, southbound;

— I-85 at Jimmy Carter Boulevard, northbound.

The advertisements are intended to create a tide of e-mails and phone calls to legislators. GetGeorgiaMoving.com will happily direct you to the proper one.

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Did Obama just call the F-22 a Cold War relic?

For a Republican, Rep. Phil Gingrey of Marietta was fairly complimentary of President Barack Obama’s big speech last night.

But there were a couple things the president said that make him worry, according to my AJC colleague Bob Keefe in Washington.

First was the mention of a carbon cap-and-trade plan, which Gingrey said would really hurt Georgia — since the state doesn’t produce much in the way of renewable fuels, but is home to big-time coal burning companies like Atlanta-based power company Southern Co.

But what really worries Gingrey was Obama’s line about reforming defense spending “so that we’re not paying for Cold War-era weapons systems we don’t use.”

Gingrey and other Georgia members of Congress are pushing hard for the president to keep funding the production of F-22 fighter jets that are assembled in Marietta. Obama is expected to make a decision on F-22 funding on March 1.

Asked if he thought Obama were referring to the F-22, Gingrey said:

“You just don’t know. But that made my stomach tighten up a bit.”

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Taking the fight over sexual academics to Facebook

When he last appeared in the AJC two weeks ago, state Rep. Calvin Hill (R-Canton) had — before a House committee — backtracked a bit on his criticism of state universities that offer programs with a sexual emphasis.

Hill defended his interest in the issue but said he never specifically accused Georgia State University of doing anything wrong. He also said the media had blown the subject out of proportion.

“It’s been taken sideways by people who like the titillating words, ” he said.

Apparently, Hill’s interest has been revived. On his Facebook page yesterday afternoon, the lawmaker posted this:

Exposing the Obscene Classes in GA Universities: You are paying for it!

They just don’t get it! Those off the wall folks that think I am gay bashing when I exposed classes on “Queering The South” at Kennesaw State and “ Queer Theory” at UGA, not to mention Georgia State’s experts in Male Prostitution, Queer Theory and Oral Sex.

I am exposing what your taxes are paying for. I have checked other state’s major Universities and they do not offer such drivel.

Perhaps this is why the American Council of Trustees and Alumni have rated the University System of Georgia with a big F. This includes an F for “performance as a criterion for funding.”

Why are our Universities pandering to the sex crowd? Georgia State is holding programs like “SEX? What’s your Position”, an interactive game. Or how about “Sex in The Kitchen”[?]

Hill offered GSU links here and here to prove his point.

And damn that media for twisting his titillating words.

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Your morning jolt

This morning on ajc.com:

President Barack Obama: We are not quitters.

Stimulus money doled out before it gets here.

State cuts few jobs, but furloughs 25,000.

We don’t have sanctuary cities, but Senate would make them illegal anyway.

Two bills to give legislative committees the power of subpoena. No lying allowed.

Two PSC members want to get rid of geographical districts.

Senate approves food and drink in MARTA stations.

Judge threatens to sue watchdog suing him.

Elsewhere in Georgia:

— Lucid Idiocy: Speculation that state Sen. Robert Brown (D-Macon) might be contemplating a run for lieutenant governor.

— Tondee’s Tavern: The oddness of Jim Martin raising money for Senate Majority Leader Harry Reid.

The rest of the nation:

— CNN: Transcript of Obama’s speech.

— CNN: Transcript of Republican response by Louisiana Gov. Bobby Jindal.

— MarketWatch: Futures unmoved by Obama.

— NYT: Iran to Begin Tests at nuclear station.

— LAT: California legislator says taxing pot could solve state budget crisis.

— NYT: One Illinois senator tells another to step down.

— WP: Reporter loses job over altering Fox video.

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