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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