March 27, 2009
As the debate continued this week over the future of transportation funding in Georgia, the Senate held its ground on the position that a regional solution paid for by dollars raised within those regions is the appropriate direction to take.
On Monday, the Senate amended legislation previously approved in the House of Representatives, which originally called for a statewide 1 percent sales tax to pay for a pre-determined list of road-building and other transportation projects over the next 10 years. The Senate changed that language in HR 206 and HB 277 in favor of a regional sales tax approach, which I co-sponsored and we had previously approved in SR 44 and SB 39 early in the session.
Under the Senate plan, Georgia counties would be able to join with neighboring counties to implement a regional 1 percent sales tax, if approved by voters in those counties, to fund transportation projects in their own areas. For example, revenues generated in metro Atlanta would be used to relief traffic congestion here, while proceeds from a sales tax in South Georgia could be spent to meet transportation needs there.
With only three legislative days remaining in the current session, and both the Senate and House basically adhering to their positions on the issue, a conference committee will have to reach some sort of compromise if the transportation funding problem is going to be solved in 2009. It is my hope that the conference committee can find a compromise as funding transportation is critically important to all Georgians.
A majority of Senators also voted again to approve a plan to strip the state Department of Transportation board of its authority and establish a new State Transportation Authority, with members named by the governor, lieutenant governor and House speaker. The proposal was inserted into a new version of SB 39.
On Wednesday, the Senate voted overwhelmingly for two tax cut proposals aimed at generating job growth in Georgia, as the state's unemployment rate approaches 10 percent. HB 481 would provide businesses a $2,400 tax credit and unemployment tax advantages when they hire someone who is unemployed. The Senate amended the bill to gradually phase out corporate income taxes for Georgia-based businesses, so HB 481 goes back to the House for further consideration.
Senators also adopted HB 482, which would eliminate the state's income tax on businesses. Having already passed the House, HB 482 now goes to the governor for his signature.
The Senate passed an amended version of legislation that would extensively reorganize the massive state Department of Human Resources (DHR). HB 228, as amended, would create a Department of Behavioral Health, move the state's public health responsibilities to the Department Community Health and rename DHR as the Department of Human Services. If enacted, this restructuring would bring more efficiency to DHR, which has a budget of $4 billion, approximately 11,000 employees and a history of management problems and complaints about how the agency administers mental health services.
Other House-sponsored measures approved by the Senate this week include:
HB 116, which would extend for two years a sales tax exemption on the purchase of aviation parts used to repair out-of-state planes. The bill is designed to save jobs for aviation repair companies, including Gulfstream Aerospace in Savannah and Standard-Aero in Augusta.
HB 160, which would put add $200 fine against "super speeders," motorists who are convicted of driving more than 85 mph on a four-lane highway or more than 75 on a two-lane road. According to the bill's sponsor, revenues raised by the extra fees would go toward trauma care funding, but revenues cannot be designated without changing the Constitution. Because of that lack of a guarantee the funds would be used for trauma care, as well as the fact it would not produce enough revenue to adequately fund it, I opposed the legislation.
HB 261, which would stimulate the housing industry by giving home buyers a one-time income tax credit of up to $3,600.
The 40th and final day of the 2009 legislative session is scheduled for Friday, April 3. In the coming week, the Senate will vote on its version of the annual state budget for fiscal year 2010, with a conference committee expected to work out differences between it and the House version prior to final adjournment.
Senate protects HOPE funding for books and fees
March 20, 2009
On Wednesday, the Senate passed legislation that would make it easier for college students to continue using HOPE Scholarship funds for book purchases and related fees. HB 157 would modify the "trigger" mechanism that currently requires the state to cut back on using Georgia Lottery revenues for HOPE funding to reimburse college students for textbook purchases.
The present system reduces the use of HOPE funds for books and fees if lottery proceeds decline at all during a calendar year. This legislation would put the trigger into effect only if the HOPE reserve fund declines by 8 percent. The trigger provision was implemented three years ago out of concern that lottery sales might decline and the HOPE fund would run out of money. That fear turned out to be unfounded.
This is step in the right direction for the future of the HOPE program. Having already passed the House of Representatives, HB 157 now goes to the governor for his signature.
A majority in the Senate voted to pass HB 100, which would expand a state program implemented last year that provides income tax credits to individuals and corporate entities that donate to organizations set up to provide scholarships for parents to pull their children out of public schools and send them to private schools.
HB 100 was presented to the Senate by the legislature's most vocal proponent of private school vouchers. I voted against this measure because it is another reduction in state revenue at the expense of our already underfunded public school system.
Senators also voted Wednesday to bring Georgia's pension law in compliance with federal regulations. HB 202, which awaits the governor's signature before becoming law, affects five state retirement systems: the Employees Retirement System, the Legislative Retirement System, the Public School Employees Retirement System, the Judicial Retirement System and the Georgia Defined Contribution Plan.
By adopting rules and regulations that comply with Internal Revenue Service regulations, HB 202 would ensure that retirement system members are not taxed on their pensions until their retirement is filed.
The Student Health and Physical Education Act was adopted by the Senate on Thursday. HB 229 would require public school systems to conduct an annual fitness assessment and comply with state physical education instruction requirements.
Under the legislation, public school students enrolled in physical education would be required to undergo an annual physical fitness test, with a report going home to parents.
On Friday, the Senate voted to send legislation to the governor that would change Georgia's workers' compensation law as it relates to the decisions of an administrative law judge and in the appeals process. HB 330 provides that an employee's waiver of confidentiality includes medical history related to the condition for which the employee is claiming compensation. Under the bill, certain final settlement payments are to be paid by the employer to a person or corporation appointed by the Superior Court.
Senate approves funding system for trauma care
March 13, 2009
The state Senate voted overwhelmingly Tuesday to approve a proposal that would provide a dedicated revenue source for the Georgia Trauma Trust Fund to expand and enhance trauma care in our state.
SR 277 calls for a constitutional amendment authorizing a $10 annual fee on motor vehicle registrations, with the proceeds going directly to the trauma trust fund. The legislation, which passed the Senate 48-8, still needs a two- thirds vote of approval by the House of Representatives and then must be approved by a majority of voters in the next general election in order to change the constitution.
Vast areas of the state are not presently served by Georgia's trauma care network, and the trauma facilities that do exist constantly run short on funding. It is estimated that between 700 to 1,000 lives per year could be saved by expanding and improving the system. If enacted, SR 277 would provide about $80 million in trauma care funding each year.
While voting to provide sufficient funding for trauma care is a step forward for health care in Georgia, the Senate unfortunately took a giant step backward on Thursday. SB 169, passed 34-22 on a strict party- line vote, would criminalize potentially life-saving medical research in Georgia. The bill, if approved by the House in its present form and signed into law by the governor, would prohibit embryonic stem cell research in our state, even though many in the medical and scientific communities believe such research could lead to treatments for major diseases, including Alzheimer's and Parkinson's, and spinal injuries.
SB 169 was rushed through the Senate this week as a knee-jerk reaction to President Barack Obama's lifting of the ban on federal funding for embryonic stem cell research. The bill was opposed by the University System of Georgia and some of its leading researchers. While the research will go on in other states, this is the wrong message for Georgia to be sending to sufferers of these diseases and their families, who are holding out hope for effective treatments and potential cures.
In addition, this sends the wrong message to scientists and bio-medical firms seeking to locate in our state.
Both the Senate and the House approved final versions of the supplemental budget for fiscal year 2009, which ends June 30. The $18.9 billion proposal reflects approximately $2 billion in spending cuts due to a severe downturn in revenues over the past year. Additional cuts would have been necessary if not for the federal stimulus funding making its way to Georgia.
The new budget restores the $428 million in homeowner tax relief grants that had been cut by Gov. Perdue, saving the average Georgian $200 to $300 in property taxes. Also, $145 million in federal stimulus money was included to offset the governor's cuts to local school funding. The governor signed HB 118 into law Friday. Meanwhile, work continues in the legislature on the annual budget for fiscal year 2010.
Thursday was the 30th day of the 2009 legislative session, also known as "cross-over" day because it was the deadline for legislation to pass the Senate and still be considered by the House this year, and vice versa. Some of the measures receiving Senate approval this week were:
SB 7, which would give legislative committee chairs the option of having people testify under oath to the committee, under penalty of false swearing.
SB 17, which would provide the joint Legislative Ethics Committee with the names of state lawmakers who have not paid their taxes. The panel could then move to sanction the legislator.
SB 67, which would require driver's license examinations in Georgia to be administered in English only.
SB 82, which addresses the growing problem of metal theft in our state. The bill would require metal recycling dealers to photocopy or scan the driver's license of anyone selling them metal, and to take pictures of the metal being sold. For copper, any transaction over $100 would have to be paid by check instead of cash.
SB 114, which would assist military families by easing the transition for their children in transferring from one school to another due to their parents' reassignment. The bill would help approximately 40,000 military children in Georgia by reducing the red tape requirements associated with such transfers.
SB 155, which would remove buffer zones from streams carrying mostly rainwater. I voted against this proposal because it offers too broad an exemption from environmental protection measures.
SB 160, which would require school systems to observe Nov. 11 as the Veterans Day holiday.
SB 246, which would require 48 hours' notice be given to victims who request it before a violent juvenile offender is released from custody.
Transportation issues keep Senate, House busy
By a slim majority Thursday, the state Senate approved legislation that would reorganize the state's transportation agencies and likely weaken the process of representative government.
SB 200, proposed by Gov. Perdue, would shift control and oversight over Georgia's highway system from the state Department of Transportation (DOT) board to a newly created, 11-member State Transportation Authority (STA). While DOT board members are elected by legislators within each of Georgia's 13 congressional districts, the STA members would be hand-picked by the governor, lieutenant governor and speaker of the House of Representatives.
Passed by a vote of 30-25, only one vote more than the minimum needed, SB 200 now goes to the House for its consideration.
Meanwhile, in the House of Representatives, legislation (HR 206 and HB 277) was approved that proposes a one-cent statewide sales tax for transportation projects, if approved by voters in the 2010 general election. The Senate had earlier passed a transportation funding proposal that I co-sponsored, calling for a regional sales tax plan under which counties could join together to generate funding for specific transportation projects in those counties. Reconciling the competing proposals will likely be debated by a joint House-Senate conference committee later in the session.
The House also passed an amended version of SB 39, which would give MARTA, the Atlanta rapid transit system, more flexibility in its handling of sales tax revenues. Under SB 39, up to 60 percent of MARTA sales tax funding could go toward operations, with the remainder for capital expenditures. Current law requires MARTA to comply with a 50/50 split between operations and capital expenses with regard to sales tax funds. This is in response to SB 120, which I introduced and the Senate passed, removing any restrictions on MARTA's use of sales tax money for operating expenses. SB 39 now comes back to the Senate for action.
Also Thursday, the Senate voted to approve an $18.9 billion amended budget for the remainder of fiscal year 2009, which ends June 30. Although lawmakers have had to cut approximately $2.3 billion from the budget originally approved last year, the infusion of federal economic recovery funds helped my fellow Appropriations Committee members close the gap in this supplemental plan.
The Senate version of HB 118 includes the recommendation that $145 million in federal stimulus funds be used to restore funding cuts to local school districts and money for two additional food safety inspectors at the Department of Agriculture. Differences between the Senate and House versions of the supplemental budget will be worked out by a conference committee.
On Wednesday, the Senate unanimously approved legislation that would direct the Department of Economic Development to create and maintain a web site informing the public of Georgia manufacturers and the goods they produce.
Under SB 117, all governmental entities that maintain web sites would cooperate with the department to include a link to the "Made in Georgia" site. Also, companies would be required to manufacture a minimum of 50 percent of their products in Georgia in order to qualify to participate in the campaign.
Having co-sponsored the original "Made in Georgia" legislation last year, I am pleased to support this effort to expand public education about the products manufactured in our state, as well as the number of jobs they represent. SB 117 now goes to the House for its consideration.
The Senate voted Tuesday to approve legislation that addresses problems with Georgia's sex offender law, which restricts the places where registered offenders may live, work and spend time. One problem with the law is that it makes no distinction between the state's most violent sex offenders and those who were convicted of a consensual, misdemeanor offense many years ago and represent no threat to others.
SB 157 would allow such "low-risk" offenders to petition the legal system to get off the sex offender registry after completing their sentence. The proposal would also allow sex offenders to volunteer in churches, a provision that is the subject of a federal lawsuit claiming the ban violated the individuals' First Amendment rights. The House will now consider SB 157.
Also Tuesday, a majority of Senators voted to approve SB 86, which would require Georgians to produce birth certificates, passports or other documents proving U.S. citizenship in order to register to vote. While no one would want a person who is not a U.S. citizen to be able to register to vote in our state, this legislation appears to address a "problem" that does not exist and creates an unnecessary inconvenience for otherwise eligible voters. I voted against this paperwork requirement because it would discourage citizens from registering and exercising their constitutional right to vote.
The Senate voted unanimously Thursday to approve legislation calling for regular reviews of the effectiveness of various tax exemption laws that are on the books in Georgia.
SB 206 is a bipartisan proposal aimed at implementing transparency in the state's practice of authorizing certain state tax exemptions. If approved by the House of Representatives and signed into law by the governor, this legislation would require a regular accounting of the tax breaks' impact on state revenues and whether they are achieving the results promised when they were enacted.
Especially during these difficult economic times, everything that impacts the state budget must be on the table for scrutiny as to whether it is having a positive or negative impact for Georgia taxpayers.
District 6
P.O. Box 1781
Smyrna, GA 30081
Phone: 770.436.0699
Fax: 770.436.0699
Email: doug.stoner@senate.ga.gov
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