House Bill 218 Allows Too Much Secrecy

By BOB TRIBBLE
Trib Publications, Inc.
Most observers feel that House Bill 218, that was defeated in the 2005 session of the General Assembly, will raise its ugly head again when the House meets in January. Some say that Governor Sonny Perdue is in favor of the legislation and is committed to its passage.

Let me tell you what House Bill 218 is all about. Very simply put it will allow local and state industrial development authority officials to make deals behind closed doors with industries and businesses expressing interest in locating in the state. Under the bill they would not be required to give any information to you the taxpayer until the deal was done, even though public lands and funds could be involved.

As expected, most industrial development authorities across the state favor the legislation and say it is something needed to make our state competitive when courting new industries and jobs. This is not true, because there is a law already on the books that allows a certain amount of secrecy, but not total secrecy as HB 218 would allow until the deal is done.

Over the past several years Georgia has attracted far more industry than most states in the southeast under present laws. Our state has much to offer industrial prospects in addition to economic incentives. We have an interstate system of roads second to none, two deepwater ports, fine colleges and universities, a good climate, good workers, outstanding tourism and much more.

We do not have to make deals with industrial prospects in total secrecy from the public to continue to grow from the industrial standpoint.
As already stated, House Bill 218 would allow state and local development planners to keep secret almost every detail concerning any offers to industrial prospects until the contract is signed and the ink dry.

Information concerning the kind of industry, the location involved, the tax breaks, or the inducements made would not become public. In other words, it will be too late for the public to protest should they wish to, and this would not be good.

Those in favor of the secrecy that HB 218 offers have been unable to present credible evidence that any premature disclosure of information has ever hindered the state’s efforts to attract new industry. The governor backed off in 2005 after an outcry from the public and newspapers across the state.

He should have learned from the past and back away now from his present stance on HB 218.
Without a doubt the public has the right to see what tax concessions for roads, infrastructure, traffic, waste disposal, locations or other tax funded benefits are being offered to the industrial prospect before the deal is signed and sealed. After all, in most cases it is their money that will fund the project.
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As already stated the state’s present Open Records Act provides exemptions so developers can negotiate with the prospect in private. But the law also gives the public the right to know the details of the deal before it is finalized by local and state governments.

Under the present law, if developers wish to keep the identity of an industrial prospect secret, which sometimes is understandable, all they need to do is not identify the prospect by name until the parties feel the proper time to name the prospect has come.

All special concessions from local and state governments can be made public to the taxpayer without naming the prospect until the proper time.

Over the years Republicans have traditionally seemed to favor open government more than the average Democrat. Hopefully our Republican governor will change his position on HB 218. It would be better to lose an industry or two rather than give away hard earned taxpayers’ dollars under the cover of darkness.

We in the media certainly want our local and state industrial developers to be successful. When good industries and businesses are brought into our communities everyone wins.

House Bill 218 provides too much secrecy that is not good for the taxpayers, and is a bill that is not necessary since ample laws concerning economic development are already in place.

Hopefully HB 218 will not raise its ugly head again in January.