Legislative Update Number 2008.07 -- February 22, 2008
Statewide sales tax proposed for transportation
By Rep. Pat Gardner
The House Transportation Committee has favorably reported legislation that would establish a statewide, 1 percent sales tax for transportation. HR 1226, if approved by two-thirds of both the House and Senate, would go the voters for ratification this November.
The proposal addresses a serious revenue shortfall facing transportation projects across the state and is aimed at generating the funds for major steps to relieve traffic congestion in metro Atlanta. If this new sales tax is implemented, 90% of the funds would be expended in the regional commission area where they are collected.
There is also a sales tax increase in the Senate that allows for a special local option sales tax to fund the construction of transportation projects and this bill, SR 845, provides that 80 % of the funding be spent in the county in which they are collected with an additional 10% set aside for multicounty mass transit networks.
The House Democratic Caucus introduced a third bill to reallocate the 1% of motor fuel taxes to all transportation purposes, including transit. It does not raise the sales tax.
The first two bills will be discussed at length since they do increase our sales tax.
There will be ongoing negotiation about the amount dedicated to transportation and to what extent all forms of transportation can be funded. Your feedback on this issue will be helpful.
On Feb. 20, the House voted unanimously to require the Department of Transportation Commissioner to submit an annual report on the condition of Georgia’s roads and bridges to the Governor, Lieutenant Governor and Speaker of the House. The report must also include an analysis of whether the inspections of bridges already performed by the DOT have been adequate. HB 1123 now goes to the Senate for its consideration.
Legislation that passed the House by a narrow margin Tuesday would combine the Children and Youth Coordinating Council and the Children’s Trust Fund Commission into a new Governor’s Office of Children and Families.
Some of the duties of the new agency, under HB 1054, would include serving as a statewide clearinghouse for child-related information and research; coordinating with all components of the children’s service systems to develop legislative proposals and execute policy proposals related to child abuse injury prevention, treatment and juvenile justice systems; and reviewing and developing an integrated state plan for services provided to children and youth through state programs. The legislation also would create a 15-member advisory panel, appointed solely by the governor, to monitor the Office of Children and Families.
I voted against HB 1054 because these agencies should maintain more independence, especially the Office of the Child Advocate. My concern is that this gives the governor too much political influence and control and could sacrifice the goal of keeping the best interests of children at the forefront.
Also Tuesday, the House approved HB 1044, which would correct the overregulation of respite care services, which are programs for aging adults who can function in group settings, eat and use the restroom unassisted, but still require care. This proposal removes respite care services from the regulations governing adult day care centers.
Additionally, the bill requires respite care services be operated by a non-profit organization, provide a maximum of 25 hours of service per week, be staffed by volunteers and managed by a director approved by the state Department of Human Resources. HB 1044 now moves to the Senate for its consideration.
It was encouraging to hear members of the House Republican leadership this week announce plans to begin restoring the more than $1.5 billion in funding cuts to local school systems imposed by the Perdue administration the past six years. Even this year, the governor has proposed slashing another $141.5 million, shifting the state’s responsibility for education onto the backs of local property taxpayers.
House Democrats have been calling for restoring this funding for years to keep property taxes from rising around the state. We are delighted that House Republicans have now realized what these cuts have done to our schools and our taxpayers. For the last five years, our schools have been deprived of even their basic level of funding and as a result local taxpayers have had to pick up the tab.
HB 960, which was approved by House members Tuesday, addresses the increasing use of the hallucinogenic drug known as ecstasy. Under the legislation, the sale, manufacture, delivery or distribution of 28 grams or more ecstasy would be bailable only by a Superior Court judge. Magistrate Courts presently have this jurisdiction. HB 960 goes to the Senate for its consideration.
The search for additional sources of water in Georgia led to the House’s adoption of HR 1206 on Wednesday. Because of a surveying mistake in 1818, the Georgia-Tennessee border is actually 1.1 miles south of where it should be. An accurate state border would include a portion of the Tennessee River in the northwest portion of Georgia.
HR 1206 would direct the governor to communicate with the governors of Tennessee and North Carolina to have joint surveys and settlements of disputed boundary questions in hopes of correcting this 190-year-old mistake and giving Georgia another source of water.
A number of bills have been introduced creating state incentives for High Deductible Health Plans with a Health Savings Account. By forgiving the premium taxes on HDHPs the State encourages the development of these plans.
The Governor’s Health Insurance Plan proposal shifts dollars from the Medicaid/PeachCare program into a private plan for small businesses and would apply only to those employees of small business under the 300% of poverty.($60,000 for family of 4). I continue to advocate the use of those federal dollars for children and families through our current Medicaid/PeachCare programs.
As a member of the Health Appropriations Subcommittee of the House, the implementation of the Care Management Organizations(CMOs) in the Medicaid/PeachCare program is a continuing source of study. The CMOs claim significant savings as a result of this change but neither they nor the Department of Community Health have been unable to adequately demonstrate whether the savings are accompanied by the expected improvements in the quality outcomes or the reduction in emergency room visits.
Employee Retirement System. At the request of a number of constituents who were concerned about the unexpected reduction in their COLA this year for the first time, I have introduced legislation to create a joint study committee to evaluate the various retirement systems to determine what remedies might be available to make the system more equitable. HR 1271 passed out of the Retirement Committee this week and is awaiting a hearing by the Rules Committee.
Consumer Protection Act for Petowners is another bill (HB 1194) I introduced this week to ensure that dogs and cats transported into this state for sale or offered for sale in this state be protected against certain diseases and parasites and to require examinations and certifications by veterinarians.
HR 536 proposes an amendment to the Constitution so as to provide that the paramount right to life is vested in each human being from the moment of fertilization without regard to age, race, sex, health, function, or condition of dependency. This legislation has been held in subcommittee so far this session. I appreciate your many contacts in opposition to this constitutional amendment.
- Rep. Pat Gardner (D-Atlanta) represents the 57th District (Atlanta and DeKalb County) in the Georgia House of Representatives. Contact her at 604 Coverdell Office Building, Atlanta, GA 30334; by phone at 404-656-0265 or by e-mail at pat@patgardner.org.
