Tax changes, criminal justice reform highlight 2012 legislative session

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Rep. Debbie Buckner | Post-Session Legislative Report | April 16, 2012

Tax changes, criminal justice reform highlight 2012 legislative session

By Rep. Debbie Buckner

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. For example, I am disappointed that final agreement could not be reached on HB 684, which I introduced as an effort to prevent more Georgia state parks from being closed. The bill, which passed the House unanimously on March 7, was also approved unanimously by the Senate on the final day of the session, with some amendments. There was not enough time remaining before final adjournment for the House to consider and approve the Senate changes, so the bill died.

HB 684 would have required the Department of Natural Resources to give 90 days’ notice to city and county governments when a state park facility in their jurisdiction is scheduled to be closed or undergo a

50 percent or more reduction in hours or services. DNR can enter into a voluntary memorandum of agreement with the local government to transfer control, operating and management responsibilities in order to keep the park open. Although the legislation did not pass, I will continue working with local communities to let them know what they need to do to receive this notice and protect their parks.

Here is a wrap-up of other major action from 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, which primarily benefits Delta Air Lines.

Criminal Justice Reform: To address the problems caused by Georgia’s prison population doubling over the past two decades, HB 1176 implements recommendations of the Special Council on Criminal Justice

Reform. The bill concentrates 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.

In other action, the following legislation PASSED both the House and Senate, and is awaiting the governor’s signature:

HB 347, 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.

HB 397 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.

HB 456 would set up a legislative committee to review all state agencies and programs and could recommend abolishing those the committee finds outdated, redundant or otherwise unnecessary.

HB 675 corrects a provision in the state’s licensing laws that prevented military nurses from obtaining state licenses. The governor has already signed the bill.

HB 685 would strengthen Georgia’s dangerous dog laws.

HB 824 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.

HB 861 would require drug screening tests for recipients of Temporary Assistance for Needy

Family benefits.

HB 868 would provide more funding for job tax credits to businesses that increase the number of employees on their payroll.

HB 872 would strengthen enforcement against metal theft by increasing the penalties for such crimes and increasing regulatory standards for metal recycling companies.

HB 954 would criminalize abortions after the 20th week of pregnancy in most cases. The bill was amended to include an exception for “medically futile” cases when conditions are “incompatible with sustaining life after birth.”

HB 1114 would make it a felony to assist someone in committing suicide.

HB 1166 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.

HR 1162 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.

Proposed legislation that FAILED to pass both houses includes:

HB 798 would have put a $100 limit lobbyists’ gifts to and entertainment of legislators.

HB 811 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.

HB 981 would have expanded the locations where concealed weapons can be legally carried to include the State Capitol, schools, polling places and bars.

SB 87 would have authorized tax-paid vouchers for students to attend private schools.

SB 269 would have reduced the penalties for water pollution by allowing the Environmental

Protection Division to authorize a voluntary response to problems.

SB 301 would have allowed hunting with silencers.

SB 401 would have paved the way for more widespread use of solar energy panels for the generation of electricity by homeowners and small businesses.

SB 438 would have prohibited the State Health Benefits Plan from providing insurance coverage for abortions.

SB 458 would have prohibited undocumented students from attending the state’s public colleges.

SB 460 would have exempted “religious employers” from being required to include contraceptive prescriptions in the healthcare coverage they provide to employees.

SB 469 would have prohibited mass picketing near private residences and would have required workers to provide written authorization every year for union dues to be deducted from their paychecks.

Thank you for the privilege of representing you at the State Capitol. Please contact me whenever I can be of service.

State Rep. Debbie Buckner (D-Junction City) represents the 130 th District (Harris, Muscogee and

Talbot counties) in the Georgia House of Representatives. Contact her at 409 Coverdell

Legislative Office Building, Atlanta, GA 30334; by phone at 404-656-0116; or by email at debbie.buckner@house.ga.gov

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