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March 19-23 Recap

On Monday, March 19th, we returned to the Gold Dome to begin our 34^th legislative day of the 2012 session.   As the end of session draws near, we worked long hours this week to ensure the passage of vital legislation that will reform both our state’s tax code and criminal justice system.    

Also known as the Georgia Jobs and Family Tax Reform Plan, HB 386 implements a variety of tax reform measures that were recommended by the Special Council on Tax Reform and Fairness for Georgians.  Consisting of 11 business leaders and economic experts, the council conducted an in-depth review of our current tax structure and submitted their recommendations just before we began last year’s legislative session.  In the 15 months since then, we have had time to thoroughly review the findings of the council and develop what is called the Georgia Jobs and Family Tax Reform Plan into House Bill 386, which passed the House this week.  This reform will change the way Georgia collects revenue, making our state friendlier to businesses and helping families as they recover from the economic downturn.

Among its many family-friendly tax reform components, HB 386 includes a measure that would eliminate the “birthday tax,” an annual vehicle property tax on cars, trucks and vans that is due on auto owners’ birthdays each year.  Instead of paying this annual tax and a state and local sales tax, people purchasing a new or used vehicle after March 1, 2013 would only pay a one time title fee equal to 6.5 percent of the car’s value.  Although this change is not applicable to those currently paying the annual “birthday tax,” those who purchase a vehicle between now and February 2013 would have the option of choosing between the current system and the one-time title fee system.  All vehicles purchased after March 1, 2013 would use the new title fee system.

In addition to eliminating the “birthday tax,” HB 386 would also reduce the marriage penalty in the current Georgia income tax code.  By increasing the personal exemption for married couples by $2,000 on joint income tax returns and $1,000 each on separate return, HB 386 will eliminate an imbalance in the tax system that inadvertently punishes married couples with a higher tax rate. Under this change, couples filing with a “Married Filing Joint” status will go from an exemption of $5,400 to an exemption of $7,400, and married couples that file separately will have an increase in each of their exemptions from $2,700 to $3,700. 

HB 386 would also close a loophole in our tax code that currently provides out of state retailers a competitive advantage over in-state brick and mortar retailers that directly or indirectly employ more than 1,000,000 Georgians.  Currently, all retail sales to Georgians, be they online or in store, are required to result in the collection and remittance of either a state sales or use tax.  While brick and mortar retailers within the state must collect a sales tax at the time of the sale, their out-of-state counterparts do not.  Instead, this burden is placed on their Georgia customers, who are required to remit the sales tax in the form of use tax, something many Georgians are not aware of even though it has been law since the 1950’s.  HB 386 would end this disparate treatment that unfairly burdens in-state retailers by requiring out-of-state sellers to collect and pay the Georgia state sales tax if they have certain relationships with affiliates in Georgia, just like their in-state counterparts.  Not only will this end an unfair tax policy that puts small businesses in Georgia at a disadvantage, but it will also stop incentivizing out-of-state retailers to keep their facilities and jobs out of Georgia.

Finally, HB 386 would reinstate the sales tax holidays on school supplies and energy efficient items for the next two years.  These sales tax holidays would be nearly identical to tax holidays in previous years, which allowed Georgia shoppers to forgo paying sales tax on school supplies for a specified time in August and energy and water efficient products in October.  This measure will help struggling families and keep Georgia businesses competitive with their counterparts in neighboring states. 

While these measures will make a positive impact on the lives of Georgians across the state, they are not the only tax reform measures implemented in HB 386.  Other policies - such as eliminating energy sales tax on manufacturers, allowing certain projects of regional significance to exempt construction materials from the state sales tax and lowering the state tax on aviation fuel - will make Georgia a more attractive environment for businesses, which ultimately provides more jobs for Georgians.  The legislation also revises Georgia’s patchwork of agricultural tax exemptions into three broad input exemptions that would ensure fairness and consistency within Georgia’s number one industry.   Additionally, it would eliminate the sales tax exemption on goods used for film production, cap the retirement income exclusion for seniors, and limit a tax credit for land conservation easements.  Together, these tax reforms create a comprehensive shift in Georgia’s tax policy, which will create a modern tax code that benefits families and levels the playing field for businesses that create jobs for Georgians.  I am pleased that my colleagues showed overwhelming support for this measure, and hope that Governor Deal will approve these measures soon.

In addition to passing tax reform legislation, we also made a great milestone in criminal justice reform by passing House Bill 1176 this week.  Since 1990, Georgia’s prison population has more than doubled to nearly 56,000 inmates, costing the state over $1 billion annually.  Despite this growth, Georgia taxpayers have not received a sufficient public safety return on their corrections dollars.  In fact, our recidivism rate – the proportion of inmates who are re-convicted within three years of release – has held steady at nearly 30 percent for the past decade.

Aware of the problems in Georgia’s criminal justice system, the Georgia Supreme Court, Governor Deal, and the Georgia General Assembly worked together last year to create the Special Council on Criminal Justice Reform for Georgians.  This bi-partisan council conducted an in-depth analysis of the state’s sentencing and corrections data to determine how the state can better utilize taxpayers’ dollars in keeping dangerous criminals off the street. 

The council found that 60 percent of all prison admissions were drug and property offenders, many of which committed non-violent crimes and had never been to prison before.  With each of these offenders costing the state $49 a day in prison, it became apparent that other community-based options, such as Day Reporting Centers that cost $16 a day per offender, might be a more efficient and cost-effective method for supervising non-violent offenders.  This is especially true when you consider the fact that our prisons are filled with drug addicts caught in a cycle of petty crime to support their habit followed by short stints in prison where rehabilitation is not offered.  Rather than perpetuate this perpetual problem, we could break the cycle through low cost community-based rehabilitation.  Unfortunately, few judges in our state currently have viable sentencing options other than prison.   

To change this, HB 1176 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 reforms implemented by HB 1176 will truly allow Georgians to rest assured that their tax dollars are being spent on an efficient criminal justice system without sacrificing public safety.  By redirecting some of the money we spend incarcerating low-risk, non-violent offenders with substance abuse problems toward more effective community-based options that cost less and produce better outcomes, we will make all of Georgia’s communities safer.  Moreover, the measures included in this legislation will save taxpayers an estimated $264 million by averting projected growth in prison costs over the next five years. 

In addition to passing criminal justice and tax reform legislation, this week we also passed an adjournment calendar, which states that our last legislative day of the 2012 session will be Thursday, March 29, 2012.  Also known as Sine Die, this 40^th and final legislative day will be our last opportunity to pass state legislation this year.  As we approach our last legislative week of the 2012 session, I encourage you to contact me with any concerns you might have regarding our state and its agencies.  You can reach me at my state Capitol office at 404-656-0126 or through email at emory.dunahoo@house.ga.gov. 

Thank you for allowing me to serve as your representative.

March 12-16 Recap

We returned to the gold dome on Monday, March 12, to begin our 31^st legislative day of the 2012 session.  With “Crossover Day” (Day 30) behind us, bills passed by the state Senate have now “crossed over” for consideration in the House.  This means that we will spend the last 10 legislative days of the session debating and voting on Senate bills and resolutions that have already passed the Senate.  Before Senate bills can make their way to the House floor, however, they must first go through the House committee process.  Just as we spent the first few weeks of session in committee meetings examining House legislation, this week we spent much of our time in committee meetings examining Senate legislation.

Senate Bill 312 is one piece of legislation that “crossed over” from the Senate and is now under review in the House Judiciary Committee.  SB 312 requires recipients of food stamps to engage in professional development activities, such as furthering their education, enrolling in an adult literacy class, or taking a job training course.  This requirement would not apply to those working more than 30 hours a week or part-time students, since they are already furthering their professional development.  With the Georgia unemployment rate above 9 percent, this measure will help ensure that those receiving public assistance are taking the steps necessary to become successful, tax-paying workers.

Another piece of Senate legislation discussed by the House Judiciary Committee this week was Senate Bill 316.  This bill extends the statute of limitations up to 20 years for offenses that harm children.  After this change, adults can come forward and report cases of rape, molestation or incest that may have occurred when they were children.  With only half of child abuse cases ever reported, this measure will allow prosecutors and victims to seek justice against those that commit these deplorable acts.  Reporting abuse can ultimately prevent future abuse from occurring, so these adults may be able to save countless children by coming forward.  I encourage you to report any instances of suspected child abuse by calling 1-800-4-A-CHILD.

  

Senate Bill 469 also “crossed over” to the House and is currently under review in the House Industrial Relations Committee.  SB 469 prohibits mass picketing on private property.  While all Americans have a right to freedom of speech, this measure ensures that the rights of property owners are respected during protests.

This week, the House Judiciary Non-Civil Committee began discussing Senate Bill 441, another bill that “crossed over.”  This legislation prohibits individuals from pointing lasers at aircraft and police officers.  When pointed at an aircraft from many miles away, a simple laser pointer can cause a large glare on the glass of a cockpit windshield, temporarily blinding pilots and creating a serious safety concern for passengers and people on the ground.  In 2010, more than 2,000 pilots reported being targeted by lasers.  Although federal law already prohibits individuals from pointing lasers at aircrafts, this measure will ensure an extra level of protection for Georgia citizens and pilots.

Also, in SB 441 is a measure that prohibits people from pointing lasers at police officers.  With many weapons containing laser sights, lasers can cause police officers to believe that their lives are being threatened.  In 2005, this led to police shooting and killing a 24-year old Florida man after he pointed a laser at a group of deputies and refused to show his hands.  SB 441 would help prevent a similar instance in Georgia, and allow police officers to do their jobs without unnecessary distractions.

In addition to SB 312, SB 316, SB 469, and SB 441, the House also received more that 100 other Senate bills and resolutions that are available for consideration.  If you would like information on any of this legislation, or any House legislation that is now in the Senate, please visit the House website at www.house.ga.gov and click on the Clerk's office/legislation link at the top of that page.  Once there, you can use the “Legislation Search” button on the left side of the screen to find bills and resolutions by bill number, key words, or even the original sponsor of the legislation.

While much of this week was spent studying Senate bills, I would like to update you on the status of a House bill that I told you about earlier this session.  As you may remember, House Bill 673 would establish a “return to play” policy that requires youth sports coaches to take an annual course on the signs of concussions so that they can prevent youth athletes from continuing to play after receiving a concussion.  As currently written, this legislation may unintentionally open parents and volunteer coaches up to potential legal liabilities and discourage parents and volunteers from coaching.  HB 673 did not make it to through the House in time for Crossover Day and is thus unlikely to become law this year.  However, my colleagues announced this week that the House will form a study committee to continue working on this important legislation.  This will allow us to consider the issue next year, after the study committee completes its work and reveals its findings.

As we continue to review Senate legislation during these last few weeks of session, I encourage you to please contact me with any concerns you might have regarding Senate bills or resolutions.  Though the legislative session may be coming to an end, I still need to know your opinion on the issues that affect you and your family.  You can reach me at my Capitol office at 404-656-0126 or through email at emory.dunahoo@house.ga.gov. 

Thank you for allowing me to serve as your representative.

March 5-9 Recap

           Wednesday, March 8^th marked the 30th legislative day of the 2012 session.  Known as “Crossover Day,” this critical point in the session marks the last chance for most bills to pass the legislative chamber where they started.  This is because by the end of Crossover Day, all legislation passed by the House must “cross over” to the Senate, and vice versa.  As a result, any House bill that has not passed the House by the end of Crossover Day will have little chance of becoming law this year.  Due to this deadline, the House worked long hours this week, debating and voting on lengthy lists of pending legislation.

Of all the legislation passed on Crossover Day, the most important was House Bill 742, the Fiscal Year 2013 (FY 2013) state budget.  The Georgia Constitution requires only one thing of the General Assembly, to pass a balanced state budget.  As passed by the House, the FY 3013 budget will direct spending for all state agencies, departments, and programs from July 1, 2012 to June 30, 2013.  While the $19.2 billion state budget reflects a slight increase from the FY 2012 state budget, it should be understood that the FY 2013 budget proposes state operations at over 20 percent less per capita than a decade ago.

As your state representative, I want you to know that I am committed to education in our community and recognize that it is one of our most important funding priorities.  With this in mind, I am happy to let you know that the FY 2013 budget includes an increase in funding for state education programs.  Thanks to this added funding, we were able to bring back 10 days of instruction to our Georgia Pre-K program that were cut in the FY 2012 budget, bringing the Pre-K year to 170 days of instruction and 9 professional learning days.  We followed Governor Deal’s proposal in funding a reading mentor program and included $3 million in differentiated pay for newly certified math and science teachers. The House budget plan also includes $112.5 million to fully fund K-12 enrollment growth and pay increases for teachers based on their training and experience. It includes an additional $3.5 million for the school nurse program and $8.6 million in supplemental funding for state special charter schools.  Additionally, the FY 2013 budget allows every free or reduced lunch student to take one AP exam, which could help the brightest students in the state earn college credit before they even graduate high school.

In addition to education, the FY 2013 budget also expands funding for important health programs, such as the state medical student residency program.  Through this funding, the state will attract future doctors to Georgia with nine new osteopathic residency slots, 214 additional residency slots in southwest Georgia and Gwinnett County and increases housing support for third and fourth year medical students.  Also appropriated through the FY 2013 budget is funding for two new Federally Qualified Community Health Centers in high need areas of the state. 

Moreover, the FY 2013 budget increases funds necessary for keeping Georgians safe.  Funding increases for our state’s public safety include an increased gas allowance for state troopers, which will help keep our troopers patrolling our roads despite rising gas prices.  An extra $10 million was also added for accountability courts.  These highly specialized courts will provide the state with a more cost-efficient system in penalizing non-violent, first-time offenders who may be suffering from mental illness or drug addiction. 

While accountability courts are one step towards combating drug problems in our state, we also passed legislation this week to ensure children in need receive the care they deserve and are not robbed of the public benefits meant to provide basic necessities by drug addicted parents.  House Bill 861 would accomplish this by requiring applicants seeking cash assistance through the Temporary Assistance for Needy Families (TANF) program to pass a drug test before receiving any public funds.  This simple measure would ensure drug addicts do not abuse tax payer dollars to support their illicit habit.  If a TANF recipient that has dependent children fails the drug test, the funds for the children would be reallocated to another caring adult who will ensure the children’s needs are financially covered by the TANF funds.  In this way, the program would help children of addicts by identifying those caught in such a situation and making sure those children receive the proper care they deserve.    

In addition to protecting children from the harms of drug abuse, we passed House Bill 1114 to protect the elderly and infirm from dangerous organizations that assist others in committing suicide.  Under HB 1114, anyone who knowingly assists in a person’s suicide would be charged with a felony punishable by one to 10 years in prison.  This measure was introduced after the Final Exit Network assisted a 58-year-old man in committing suicide in Cumming, Georgia.

This week we also passed legislation to protect Georgians from the growing problem of metal theft.  With metal prices at an all time high, many criminals have begun stealing appliances, cables, copper wiring, and other recyclable metal to sell for a quick profit.  HB 872 would combat metal theft by requiring metal sellers to show a valid ID and a work order or receipt to prove the metal was not stolen.  Metal recyclers must also maintain a record of all purchases, so that police may more easily investigate metal theft incidents.  As HB 872 makes its way to the Senate and our law enforcement officers continue to fight metal theft throughout Georgia, I encourage you to visit stopmetaltheft.com to learn how you can protect your home from metal theft. 

Finally, since I began by reiterating my commitment to education, it seems only proper that I should conclude by telling you about House Bill 797.  This legislation would establish the State Charter Schools Commission.  The commission would be responsible for approving new charter schools that are requested by parents.  This bill is the enabling legislation for House Resolution 1162, a constitutional amendment that provides the state the authority to create new charter schools.  HR 1162 must first be approved by Georgia voters before HB 797 may take effect.  If approved by the Senate, you will have the final say on HR 1162 this November.

Now that Crossover Day has passed, the FY 2013 state budget and all other House bills are now in the Senate.  While there, House legislation will once again go through the committee process before making its way to the Senate floor for consideration.  Only if the House and Senate can agree on identical versions of the legislation will they be sent to the governor for consideration.     

The remaining 10 legislative days of session will be used to consider legislation already passed by the Senate.  Please let me know if you have any comments or questions regarding any Senate legislation that is now in the House. As the Senate bills begin to make their way through the House committee process I will be sure to consider your comments.  You can reach me at my capitol office at 404-656-0126 or through email at emory.dunahoo@house.ga.gov. 

Thank you for allowing me to serve as your representative.

February 27-March 2 Recap

            Monday, February 27^th, 2012, marked the beginning of the eighth legislative week of the 2012 session.  With “Crossover Day” - the 30^th and final legislative day that most House bills have to pass the House and make their way to the Senate - scheduled for Wednesday, March 7^th, we will put in some of our longest days next week to ensure a quality review of as much legislation as possible before time runs out this year.  Because my colleagues and I believe that securing a positive future for Georgia’s children should be one of our most important priorities, many of the bills passed by the House this week aimed to protect the well being of children in our state.

             

Two pieces of legislation that passed the House of Representatives this week, House Bill 215 and House Bill 845, seek to protect the physical well-being of children.  HB 215 does this by ensuring registered sex offenders cannot work as school bus drivers.  The legislation accomplishes this by making it impossible for registered sex offenders to receive the commercial driver’s license required to drive school buses, charter buses, and other commercial vehicles that may be employed to transport children.                  

 House Bill 845 helps protect children from the flu viruses, which are particularly dangerous for children and the elderly, by increasing access to flu vaccine information in early learning facilities.  With the Centers for Disease Control estimating that 200,000 Americans are hospitalized each year for influenza, we felt that parents should have access to information that can keep their families safe from this potentially deadly disease.     

In addition to protecting our children from the flu and potential abuse, we also passed House Bill 692 to protect our children from being cheated out of their education.  Specifically, HB 692 would help deter cheating on state tests by requiring educators proven guilty of CRCT cheating to return all bonuses and/or incentive pay that they received as a result of their students’ CRCT results.  These funds would be returned to the local school system.  Although the future of these teachers’ jobs are in the hands of their local school board, this bill allows the state to ensure that teachers are not financially rewarded for cheating. 

Also this week, after many years of research and meticulous work, we passed House Bill 641, which provides a comprehensive overhaul of the state’s juvenile code.  By updating Georgia’s laws affecting children, this bill will allow the state to better help children who enter the state system either through no fault of their own, such as those in foster care, or through their own actions, such as those in juvenile detention.  For example, HB 641 would make Georgia’s juvenile courts more efficient in handling cases of abuse, neglect, youth violations of the law, and other circumstances requiring court intervention.  The legislation would also improve communication between state agencies by requiring them to create a coordinated plan for each child in the state system.  HB 641 would help foster children by ensuring they have access to caring adults who can provide them with the guidance, skills, and opportunities needed to become independent adults.    

In addition to passing legislation that protects children, we also passed House Bill 954 to protect potential human life.  HB 954 would ban abortions in Georgia after a pregnancy reaches 20 weeks. This would protect the unborn at the stage of development where medical evidence indicates a fetus might be capable of feeling pain.  While the law includes a very narrow exception for pregnancies that threaten the life of the mother or the life of another unborn child, HB 954 eliminates language in current law that provides an exception for the mental and physical health of the mother.   

Although many of the bills passed by the House this week focused on protecting children and potential life, we also passed House Bill 456 to reduce the size of government and its unnecessary intrusion into the lives of Georgians.  HB 456, also known as the Georgia Government Accountability Act, will allow the state to determine whether there is a continued need for existing state-run programs and agencies.  This would be done through the Joint Legislative Sunset Advisory Committee, which would evaluate state agencies and entities based on their productivity, efficiency and responsiveness.  The committee would then submit its findings to the General Assembly with a recommendation for legislative action that could include privatization, consolidation or elimination of the state program or agency.

Finally, as we find ways to create a more efficient and cost-effective state government, I want to tell you about of piece of legislation passed by the House this week that would provide Georgia families with an opportunity to earn extra income of their own.  House Bill 520 would allow Georgians with solar panels, windmills, or other alternative energy generators to sell any surplus energy they create to their local electric service provider.  This is already possible under current law, but HB 520 increases the amount of energy that an electric service provider can purchase from an individual who owns a device capable of generating a renewable energy source.  Like all the legislation passed this week, HB 520 must now receive approval from the state Senate and Gov. Deal before becoming law.

As we move forward toward Crossover Day, I encourage you to contact me with any questions or concerns you may have regarding any House bills or resolutions before it is too late.  I always welcome your comments.  You can call my capitol office at (404) 656-0126 or email me at emory.dunahoo@house.ga.gov.

Thank you for allowing me to serve as your representative.

February 20-24 Recap

We returned to the Gold Dome on Tuesday, February 21, after learning some exciting news for the future of Georgia’s economy.  On Friday, February 17, Governor Deal announced that Caterpillar Inc. will bring over 1,400 jobs to Georgia with the construction of a new manufacturing plant in Athens.  In addition to these jobs at the new plant, Caterpillar’s suppliers and increased retail sales are expected to create another 2,800 jobs.  The announcement proves that Georgia is an internationally competitive market, as Caterpillar will actually relocate Japanese production of small excavators and backhoes to the new Georgia plant. 

I was encouraged to see this positive news after all the work my colleagues and I have put into restoring Georgia’s economy and promoting job creation.  Last year, we started the process of implementing meaningful tax reform that would encourage small business growth and investment.  While we continue to work on tax reform, this year we are also working to eliminate unnecessary government regulations through the Red Tape Watch initiative.  This initiative allows us to hear directly from small business owners from across the state, which helps us identify burdensome and unnecessary government regulations that prevent Georgia small businesses from thriving.   Through these combined efforts, I am confident that many more businesses will follow Caterpillar in moving production to Georgia.

In attracting businesses to Georgia, we must also ensure our children are prepared to become the next generation of exceptional workers.  That is why innovative schools, like charter schools that specialize in science and math, are so important to our state’s education system.  Unfortunately, the future of some state-sponsored charter schools was threatened last summer when the Supreme Court of Georgia ruled that local school systems have exclusive power over public education.  This week we made great steps towards protecting existing state-sponsored charter schools and allowing for greater school choice, by passing House Resolution 1162. 

HR 1162 is a constitutional amendment that will allow the state to approve charter schools when requested by parents. However, HR 1162 does not allow the state to use local school board funds for state created charter schools. 

Not only does HR 1162 ensure that existing state sponsored charter schools can keep their doors open, but it also clarifies our constitution so that we maintain a system of checks and balances in state policies regarding education.  While local school boards play a crucial role in providing public education, the state has a responsibility to protect its “educated workforce brand” so that businesses know that starting operations in Georgia will give them a pool of employees that are competent, qualified, and prepared to start work on day one.  Because HR 1162 is a constitutional amendment, it must now receive approval from two-thirds of the Senate and the signature of Governor Deal, before being placed on the ballot for approval from voters.  If that happens, you and all other Georgia voters will have the final say on whether HR 1162 should be added to our state constitution.