The 2007 session has now ended. Looming now is a special session to deal with the 2007 amended budget. I thought I would take a moment to pass along the details of why we are looking at a special session.

First, the Constitution requires the General Assembly to pass a budget for the upcoming year. That budget this year is the budget that starts July 1 of this year and ends June 30, 2008. It is referred to as the “big budget” or the “2008 budget.”

Every year we also take up what is called “the little budget,” or the “supplemental budget,” but is really just the “amended budget” for the current year. Currently we are in the 2007 budget year which ends June 30, 2007. Since we passed the 2007 budget last year, there have been changes and so we come in mid-year to make adjustments to that budget based upon need and updated revenue estimates.

It is important to note that there is no constitutional requirement to pass an amended budget. We did pass the 2008 budget as the constitutional required, so the General Assembly did its constitutional duty and passed the budget. We do not have to pass an amended budget.

So, the Governor has vetoed the 2007 amended budget. An amended budget that we have no requirement to pass. So, the governor’s veto of this budget does not require we come back for a special session.

Now, let me take a moment to address the House’s “override” of the veto. It was purely symbolic. The Governor vetoed the budget bill, but did not deliver the veto message to the House. So, the House voted on a bill they never had. So, their vote was an act.

When a bill passes one chamber, the bill, the actual document has to be delivered to the other chamber before they can vote on it. You can not vote on something you do not possess. The House did. That is why the Senate did not “vote” on the override. There was nothing to vote on.

When the House voted, they delivered to the Senate a letter from our legislative counsel stating procedure for voting on vetoes — not the document as is required. So, the Senate took no action because there was no bill to take action on. The House’s actions were just symbolic, lacking substance.

So, we do not have to pass an amended budget, but the Governor does have the power to call the General Assembly into special session for specific purposes that he defines. So, he can call us into session for the purpose of passing an amended budget and any other item he wishes to have addressed.

Now, when we return in special session, he is required to deliver the veto message and the House will have the decision on whether to act on it or not. If they do and pass a veto override, then the Senate must immediately vote on the veto override. If the Senate does, then the amended budget we passed becomes law. If any of the veto votes doesn’t get two-thirds vote (120 in the House and 38 in the Senate) then we will have to deal with an amended budget.

The amended budget will deal only with spending until June 30 of this year. If no agreement can be found, then any programs lacking funds will have to stop until July 1 and any surplus money will be deposited in the state’s Revenue Shortfall Reserve (our savings account).

I apologize for the length of this email, but I thought it was important to give you the details so you knew the facts and would not be taken in by incorrect statements about the situation.

I do not want you to believe that the General Assembly failed to do its constitutional duty. I do not want you to believe the Senate violated a Constitutional principle by not voting on the veto.

If you have any further questions, please do not hesitate to contact me via email at mail@mitchseabaugh.com or call my office at 404-656-6446.

Senator Mitch Seabaugh

District 28

Sharpsburg, Ga.