Tuesday, February 28, 2012

Legislative Upate from Rep. Barbara Massey Reece, D-Menlo

Media release:

A proposed constitutional amendment to allow the state government to set up charter schools, whether the local board of education approves or disapproves, received the necessary two-thirds majority approval in the House of Representatives by a margin of three votes on Feb. 22.

HR 1162 passed by a vote of 123-48 on reconsideration after having fallen 10 votes short of the two-thirds majority two weeks earlier. Substantive changes were made to the legislation with regard to local school funding, and several House members changed their earlier "no" votes to "yes."

Although improvements were made to the legislation, I voted no on HR 1162 both times because it is an unnecessary expansion of state authority over decisions that should be made at the local level, while at the same time our public schools continue to be short-changed in the state budget. Changing our Constitution in this manner would totally bypass the locally elected school boards and place the authority to set up new public charter schools in the hands of a politically appointed board at the state level.

During recent years, our public schools have been cut by more than $1 billion, resulting in larger class sizes, the elimination of instructional programs and teacher furloughs and layoffs. This is not a time to put in place a state-level system of public charter schools without the oversight of local school boards. The bill's authors have given assurance that local funds will not be used. Charter schools will be funded from state revenues. But we need to remember that state revenues are also citizens' hard-earned tax dollars.

Also noteworthy is the fact that the enabling legislation for this amendment, HB 797, has not been brought to the House floor or even voted on by the Education Committee. If this measure is not approved until next year, then a future legislature could set up the new charter school system in any manner that it wishes if the amendment is adopted and ratified by the voters.

HR 1162 now goes to the Senate, where it must also receive two-thirds majority approval in order to appear on the statewide ballot for consideration by the voters in November.

Fee Revenue Diversion

Also this week, the House approved legislation that would ensure that state revenues collected in the form of special state fees are directed toward the purpose for which they were created. HB 811 is aimed at ending the practice of spending special fee revenues on other general budget items instead to going to their designated programs.

Examples of these revenue sources include the solid waste disposal surcharge fee provided for the hazardous waste trust fund; the tire disposal fee provided for the solid waste trust fund; additional offender fines and court filing fees provided for peace officer and prosecutor training, indigent criminal defense and driver education and training. When these funds are redirected to other programs, the fee-based funds are short-changed, sometimes requiring local governments to make up the difference.

Under HB 811, if the amount of revenue generated by a fee is not allocated for the purpose spelled out for the fee in law, the General Assembly will be required to reduce the fee by a proportionate amount. The bill now goes to the Senate for it consideration.  

Employees Retirement System

Many of our local retirees are concerned about SB 402, which would allow up to 5 percent of their retirement funds (1 percent per year) to go toward alternative investments, which are more risky but potentially more profitable. The legislation was approved by the Senate by a vote of 50-4 on Feb. 23 and will now be considered by the House.

Rural Telephone Service

HB 855 would phase out the Universal Access Fund, which all phone companies pay into, with the funds distributed to rural phone systems, which have higher operating costs due to fewer customers per mile of telephone line. Enactment of this bill would likely result in higher phone bills for rural customers. HB 855 was favorably reported by the House Energy, Utilities & Telecommunications Committee and now awaits action by the full House.

Metal Theft Enforcement

Legislation that would address the growing problem of metal theft in our state is moving through both the House and the Senate. HB 872, introduced by Rep. Jason Shaw of rural South Georgia and SB 321, introduced by Sen. Renee Unterman of Metro Atlanta, would impose tighter regulations on the recyclers and scrap metal dealers who provide the market for stolen metal. Under the bill, those attempting to sell scrap metal would be required to show a valid identification card, while payment for the metal would have to be in the form of a check mailed to the address on the ID card. The proposals would also establish a statewide database of buyers and sellers that would be available to law enforcement agencies. Increased thefts of copper wire, air conditioning coils, manhole covers and even church bells and grave markers, along with rising prices for scrap metal, have necessitated tighter regulation and stronger enforcement.

Inter-Basin Transfers

Legislation has been introduced that is aimed at reducing the potentially detrimental consequences of transferring water from one river basin to another in Georgia. HB 984 would require the Environmental Protection Division (EPD) to make inter-basin transfers a last resort before granting permits for such transfers. The proposal would also require the EPD to provide adequate public notice and, if warranted, hold a public hearing in advance of issuing the transfer permit. The legislation was referred to the House Natural Resources & Environment Committee for its consideration.

Barbara's Legislation

HB 874, which I authored, would require school systems to report severe cases of bullying to the state Board of Education just as they report violent incidents and school suspensions. In addition, the principal would report bullying incidents to the school council and together they will plan a strategy for reducing bullying in the school. HB 310, which I co-sponsored, focuses on cyber bullying on the Internet and other media. Both these bills were heard in subcommittee this week, along with Rep. Joe Wilkinson's HB 659 related to hazing. The chairman asked us to work together and combine the three bills into one. We will present the new legislation at the next subcommittee meeting.

HB 662, the Braille bill which I co-authored, is ready to be heard in committee. It required a fiscal note but will cost very little for schools to implement. The bill requires that during vision-impaired student evaluations for instructional methods, consideration be given to instruction in Braille.

HB 873 would provide a state income tax credit of $200 for volunteer firefighters who have purchased their own firefighting equipment. The firefighter must meet specific requirements as to training and membership in a volunteer department. This bill will be heard in the Income Tax subcommittee of the Ways and Means Committee on Feb. 27. The co-sponsor of the bill is Rep. Gene Maddox of Cairo, Ga., whose rural home has been saved twice by his local volunteer fire department.

Please continue to contact me with your views on the issues or whenever I can be of service.

State Rep. Barbara Massey Reece represents the 11th District (Chattooga and Floyd counties) in the Georgia House of Representatives. Contact her at 512 Coverdell Legislative Office Building, Atlanta, GA 30334; by phone at 404-656-7859; or by email at barbara.reece@house.ga.gov.

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