Sunday, February 8, 2015

Georgia Legislative Update

Week Four Legislative Update:  Legislative Activity Picks Up Pace by Rep Jason Spencer
 
On Monday, February 2, 2015, we resumed our legislative work under the Gold Dome. This has been the busiest week thus far since the General Assembly convened on January 12th.   This week was hallmarked by various subcommittee works being done along with hearing the State of the Judiciary Address from Chief Justice Hugh Thompson.   
 
Georgia’s judicial system is sound and strong, according to the Chief Justice and head of the state’s judicial branch of government.  In his address, Chief Justice Thompson applauded the success of specialty courts in Georgia.  A specialty court, also known as an accountability court or problem solving court, is a cost-effective criminal justice alternative for non-violent offenders.  Specialty courts, such as drug and mental health treatment courts, hold offenders accountable through court-supervised treatment programs. There are 116 Georgia specialty courts which have helped guide more than 5,000 Georgians towards the right path by avoiding incarceration. 
 
Also this week, the House Judiciary subcommittee concluded its first hearing on my proposal to reform Georgia’s short civil statute of limitations, the Hidden Predator Act (HB 17).  The committee room was packed with survivors of child sexual abuse (CSA).  This reform proposal has garnered significant support in the state.  The testimony from survivors advocating for the bill at the hearing was powerful and compelling.  Clinical and national legal experts testified on research and similar reforms that have been adopted in other states around the country.  In fact, Georgia is one of the worse states in the country who lock survivors of CSA out of the courts and deny them justice.  See chart below.  Next week, a second hearing on House Bill 17 in the Judiciary subcommittee is expected.
 
Coverage of the hearing on the Hidden Predator:
Vidalia Mother, "Statute Needed to Expose Child Molesters"
Bill would extend time filing child sex abuse lawsuits.
 
House Transportation Proposal Now Under Closer Examination:  Last week, the Transportation Funding Act of 2015 (HB 170) was unveiled for the first time.  One week has now passed since the unveiling and more analysis has come into view in the ensuing debate under the Gold Dome.  Last week, I analyzed the excise tax conversion that the proposed a 29.2 excise tax on a gallon of gasoline which was based on a $3.39 four year look back average.  However, that average did not exclude state taxes.  It has now become clearer where the numbers are coming from, and I have now placed re-calculated values using this new information. As the debate continues, more understanding of the impact of the proposal is realized.  
[transportation chart break down.png]  Proposal is based on an average 4 year look back on the price of gas/gallon. However, the total average price of $3.39 does not exclude state sales tax, local sales tax and state excise tax when included in the conversion.  Therefore, the 4 year look back average price is actually $3.097 ($3.39 - $ all included  state taxes.) when you remove the state and local sales tax from the stated 4 year look back average of $3.39.  Using $3.097 (dept of revenue number) as the 4 year look back average, then the total excise conversion is a result of additional 2.8 cents per gallon.  However, it would result in a 7.7 cent per gallon gas increase with today’s lower gas prices. I am uncertain as to why a 2.4% statewide local sales tax average is used in some calculations and not in the proposal.  If a 3% statewide local sales tax average is used, then it becomes a 6.4 cent per gallon increase in gas under today's current average prices, rather than a 7.7 cent increase.  I have not recalculated the numbers on diesel, but it stands to reason that the arithmetic would result is a similar increase in the price per gallon of diesel.   
 
Local governments and school systems have voiced their unequivocal opposition to the current proposal. This opposition will result in different changes to the bill as it goes through the process.  Also, there is a constitutional question that is raised as to whether taxes collected by the state on motor fuel can be applied to public transit and rails as proposed in HB 170.  Under The motor fuel provision in the Georgia Constitution Article III, Section IX, Paragraph VI (b), it states, “An amount equal to all money derived from motor fuel taxes received by the state…is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state…” 
 
The debate on the transportation proposal continues and some new changes will be revealed next week.  I will continue to monitor this proposal and its changes as it moves through the committee process. 
 
Proposed Legislation
 
This week, I intend to introduce legislation that would exempt all veterans who have been honorably discharged from their respective branch of service to be exempt from paying entry fees into Georgia’s state parks.  Our veterans have sacrificed to defend this state and this nation.  I believe waiving the entry fees for our veterans into our state parks is just another small way we can show our appreciation.  Other states have similar fee waivers and discounts for veterans.
 
In the coming weeks, we will be reviewing even more pieces of legislation in committees and on the House floor.  If you have concerns or questions about proposed legislation, I hope that you will contact me.  I am always eager to hear from you, so that I can better understand what issues are most important you and your family. Please stop by and visit me at the capitol if you are in Atlanta during the legislative session, or call my office at the State Capitol and let me know what I can do for you. The phone number is 404-656-0177.  You may email me at Jason.spencer@house.ga.gov or at spencer4hirega@gmail.com.
 
Source:GA State Representative Jason Spencer. 28 Yachtsmen Court. Woodbine Georgia  31569
 

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