Senate Pauses to Deal with Budget
2/21/2010

As many of you have heard, the General Assembly will take the next two weeks to focus on the state's budget. We have an enormous task in front of us, as we have to find another billion dollars in savings. We are not going to use accounting tricks, but we will balance the budget. Some will propose tax increases, but I pledge to you that I will not vote for them. Just as you have had to cut your family budget, I believe that we must cut state government. Some cuts may hurt, and many will be unpopular, but it is our obligation to balance the budget.

In addition to budget issues, this week the Senate passed an important measure that I sponsored. You can read more about that bill below.

I wanted to make you aware of two important events this week. On Wednesday the 24th, the Kennesaw Business Association will be holding its Business EXPO at the Ben Roberts Community Center from 4:00 to 8:00 PM. Also on Wednesday, the Georgia Republican Party will hold its annual President's Day Dinner with Speaker Newt Gingrich as special guest. Information of both events can be found here. As always, thank you for the opportunity to serve in the General Assembly.


Sincerely,

John Wiles


Senate Provides Clarity in citizens' Private Right to Sue


The Georgia State Senate Wendesday voted to provide greater clarity in citizens' private right to sue through the passage of the Transparency in Lawsuits Protection Act (SB 138). Sponsored by Sen. John Wiles (R-Kennesaw), SB 138 is based on American Legislative Exchange Council (ALEC) model legislation and calls for transparency in the legislative creation of new private rights to sue and would give the judiciary clear guidelines on statutes so that legislative decision-making authority is not side-stepped or misinterpreted.

"When we pass laws we need to be crystal clear. Consumers, businesses, and their lawyers deserve to know when and where they can sue or be sued. By enacting SB 138, Georgians will no longer be forced to seek the assistance of Georgia Courts to determine if they have a private cause of action," said Wiles.

The uncertainty in Georgia law leaves interpretation up to the courts and this has resulted in over 30 Court of Appeals opinions determining that there is no private cause of action. The bill creates new Code Section 9-2-8, which makes it clear that a private right of action does not automatically arise when a legislative enactment occurs, unless expressly provided in the new statute.

Upon enactment of SB 138, if legislators would like to create a new right to sue, they would create the new right explicitly. If legislators want the statute to be enforced through other means, no new right would be created. Judges would then be able to understand the legislature's intent in passing a law because of SB138.

"When we're asking the courts to do more with less due to tight budgets, it is incumbent on the legislature to clarify the law whenever we can and reduce unneeded cases," said Wiles.


Legislature Pauses to Deal with State Budget Issues

Our top priority this session is enacting policy focused on job creation and economic growth. But there is no debate; the 2011 budget is the biggest challenge we have. Georgia's budget is a paramount challenge and the unprecedented nature of the dire situation calls for a focused approach. The Fiscal Year 2010 Governor's recommended budget only assumes a $1.35 billion shortfall. Unless revenue collections grow the remainder of the fiscal year, the state will end the year with a $235 million deficit. Therefore, the Senate will be in recess for two weeks, working and focusing on Georgia's budget. Balancing the budget is our constitutional obligation and it must be done the right way in order to create an economic climate in Georgia that will provide more jobs - our top priority.

We are in the process of adjusting FY11 budget back to 2005 revenue levels with approximately 600,000 more Georgians added to our population since then. Due to previous cuts in the 2009 and 2010 budgets, our budget make-up consists of 57% education (k-12 & universities combined), 15% health services, 6% Department of Corrections, 3% for human services (DFCS, Foster Care, Adoption Assistance, and 11% for all other Agencies. To say we have some "tough choices" ahead is a colossal understatement. The 2011 budget may very well have to go beyond the appropriations process and statutory changes may have to be considered.

Some suggest that raising taxes and fees is a simple and quick fix to adjusting revenues. This band-aid approach could not come at worse time for hard-working families around the state already struggling to make due with less and businesses that are being forced to cut jobs and trim payroll.

It is paramount we take time to go over every area of every agency to analyze where the best efficiencies can be found. Our Senate budget team, alongside our Budget Task Force of top business and economic experts around the state, are working toward identifying wasteful government spending while protecting vital areas such as education and public safety. It is a long process that must allow every idea and avenue to be laid on the table for discussion. Our state's future is too important to rush through this budget and not identify common-sense, fiscally responsible solutions that will move Georgia toward a prosperous and bright tomorrow.

While the budget is the top challenge, our top priority must be job creation and economic growth for Georgia. The national economy is beginning to show signs of stabilization, but we won't begin to feel the relief in Georgia for a while. Thousands of Georgians are still looking for work amid one of the most severe recessions our state has seen. The best way to turn Georgia's economy around is to cultivate the right environment for businesses to grow and expand so people can get back to work. Permanent job creation is the best catalyst for Georgia's economic recovery.

We must continue our conservative leadership of less spending, lower taxes, providing business growth incentives and finding government efficiencies to spur economic development. Conservative leadership in Georgia has a proven record of reducing inefficiencies, while increasing investments in those limited areas where state government has a fiscal responsibility - particularly education. However, as I've noted, this is increasingly more difficult when education is 57% of the overall state budget.

As this budget process continues, I will continue to work with my colleagues in finding conservative solutions to growing our economy and reducing our state budget. We must continue to evaluate the role of government in our daily lives and how to get government out of the way to let the citizens of Georgia grow and prosper.