Monday, April 9, 2012

State Rep. Barbara Massey Reece's final legislative column of 2012

Media release: The 2012 legislative session of the Georgia General Assembly convened Jan. 9 and adjourned March 29. Members of the House of Representatives and the Senate approved sweeping revisions to the state's tax code, comprehensive criminal justice reform legislation and a $19.3 billion state budget plan, along with addressing a number of other high-profile issues.

Meanwhile, there were several proposals that attracted a lot of attention but failed to win the necessary approval by both houses to become law. See the article below for a wrap-up of this year's session.

Tax Code Revisions

HB 386, which emerged from the Special Joint Committee on Georgia Revenue Structure, awaits the signature of Gov. Nathan Deal. The bill would eliminate the sales tax and annual ad valorem taxes on automobiles, replaced by a one-time title fee of 6.5 percent next year, going up to 7 percent by 2015; set up collection of a state sales tax on products sold online by companies with a physical presence in Georgia; eliminate the sales tax on energy used for manufacturing, agriculture and mining; increase the income tax exemption for married couples from $5,400 to $7,400 to eliminate the "marriage penalty"; cap the exemption on unearned income for retirees at the current level of $65,000; reinstate the sales tax holiday periods for the purchase of back-to-school materials (Aug. 10-11 this year) and energy-efficient appliances (Oct. 5-7); and continue the sales tax exemption on jet fuel purchases.

Criminal Justice Reform

To address the problems caused by Georgia's prison population doubling over the past two decades, HB 1176 would implement recommendations of the Special Council on Criminal Justice Reform. The bill would concentrate prison space on violent and career criminals by enhancing penalties for some serious offenders and more effectively punishing low-level drug users and property offenders. It also creates tougher, more effective probation supervision; improves community-based sentencing options, such as accountability courts, that reduce recidivism; and holds agencies accountable for better results through data collection and performance measurement systems. This bill will NOT reduce the sentences for any serious violent felonies or decriminalize or legalize any controlled substance. The changes are expected to save taxpayers an estimated $264 million by averting projected growth in prison costs over the next five years.

State Budget

The $19.3 billion plan reflects an increase of about $800 million over the current year's state budget. The new budget would fund 214 additional medical residency slots, three new Federally Qualified Community Health Centers in underserved areas of the state and an increased gas allowance for state troopers to account for recent increases in gas prices. Some noteworthy funding increases in education include financial support for a reading mentor program, the school nurse program, and 170 days of instruction and operating costs in our Georgia Pre-K program, as well as fully funding K-12 enrollment growth. The budget legislation (HB 742) now goes to Gov. Deal for his signature. The governor also has the authority to veto specific line-item appropriations in the budget.

Economic Development

Passing both the House and Senate was HB 868, which would provide more funding for job tax credits to businesses that increase the number of employees on their payroll. I am disappointed that there was not more successful legislation to help small businesses create jobs.

Public Safety

Passing were HB 685 would strengthen Georgia's dangerous dog laws; HB 711, which would eliminate the spousal privilege against testifying in domestic abuse cases; HB 872, which would strengthen enforcement against metal theft by increasing the penalties for such crimes and increasing regulatory standards for metal recycling companies; and HB 1114, which would make it a felony to assist someone in committing suicide. There is actually a group of people in Georgia called "Final Exit" who advertise their services on the Internet. Some of its members have been investigated in connection to a recent suicide case.

Education

Passing were HB 706, which would delete obsolete or unused public school regulations and funding requirements; HB 824, which would revise the state formula for determining equalization grants to school systems and would also reduce the money allocated for those grants by more than $400 million; and HR 1162, which will put a proposed constitutional amendment on the ballot this November that asks voters to decide whether to authorize the state to set up charter schools that have been rejected by their local school boards. Failing to pass were SB 87, which would have authorized tax-paid vouchers for students to attend private schools; and SB 458, which would have prohibited undocumented students from attending the state's public colleges.

Health Care

Passing were HB 675, which has already been signed by the governor and corrects a provision in the state's licensing laws that prevented military nurses from obtaining state licenses; HB 785 and SB 337, which would prohibit the state from requiring physicians and dentists to accept insurance such as Medicare or Medicaid as a condition of being licensed by the state; HB 954, which would prohibit abortions after the 20th week of pregnancy except in "medically futile" cases when conditions are "incompatible with sustaining life after birth"; and HB 1166, which would require Georgia health insurers to offer children's health insurance coverage, providing an option for families that do not qualify for Medicaid or PeachCare coverage.

Public Assistance

Passing were HB 347, which in its amended form would reduce the payment of unemployment benefits in Georgia from the current maximum of 26 weeks to a period ranging from 14 to 20 weeks; and HB 861, which would require drug screening tests for recipients of Temporary Assistance for Needy Family benefits. Failing to pass was SB 312, which would have required food stamp recipients to take high school courses or "self-development classes."

Open Government/Ethics

Passing was HB 397, which would increase penalties for government officials who break Georgia's "sunshine" laws and clarifies the definition of open meetings and what activities are allowed in closed meetings. Failing to pass were HB 798 and SB 391, which would have put a $100 limit on lobbyists' gifts to and entertainment of legislators but was not favored by the legislative leadership, and HB 811, which would have ended the legislative practice of diverting fees collected for specific purposes, such as the disposal of discarded tires, and using the revenues for other purposes.

2nd Amendment Laws

Passing was SB 350, which would allow the return of stolen weapons used in crimes to their original owners unless needed for evidence purposes. Failing to pass were HB 679 would have allowed a gun owner to carry that firearm without having to obtain a permit from a local probate judge; HB 981, which would have expanded the locations where concealed weapons can be legally carried to include the State Capitol, schools, polling places and bars; and SB 301, which would have allowed hunting with silencers.

I am a strong supporter of gun rights for responsible citizens, but I was one of many who had concerns about some of the bills introduced during this session. I'm expect them to be perfected and introduced in a future session. We did pass legislation to standardize policies for the legal carrying of knives throughout the state. Currently, many cities have a variety of ordinances resulting in confusion and problems for those traveling across Georgia.

Thank you for the privilege of representing you at the State Capitol. Please contact me 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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