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Legislative Recap: Week Eleven

Posted Sunday, March 27, 2011

Now that we have passed the 30th legislative day of the 2011 session, all legislation approved by the House of Representatives or Senate has “crossed over.”  This means that for the last 10 legislative days of this session, we will primarily debate and vote on bills and resolutions which have already passed the Senate.  However, before Senate bills can make it to the House floor they must first go through the House committee process.  Just as the beginning weeks of session were spent in committee meetings examining House legislation, this week was spent in committee meetings examining Senate legislation.

Perhaps the biggest news of the week came on Friday as tax reform, which appeared to be dead for this session sprung back to life.  A modified bill will be introduced Monday with a number of major differences from the original proposal by the Special Council on Tax Reform.  You can reed more about it in Friday’s AJC article. Click Here

TAX PLANS: ORIGINAL VS. NEW

Original plan: Start charging the state’s 4 percent sales tax on all groceries.

New plan: Keep most groceries exempt from the state sales tax.

Original plan: Lower personal income taxes from a high of 6 percent to 4 percent, cutting or eliminating deductions.

New plan: Lower personal income taxes from 6 percent to at least 4 1/2 percent, cutting or eliminating deductions.

Original plan: Eliminate state tax exemption for retirees on non-work income such as pensions and investments.

New plan: Keep current exemption, eliminate planned expansion of the tax break set to begin being phased in next year.

Original plan: Charge a sales tax on person-to-person sales of motor vehicles.

New plan: Charge a sales tax on person-to-person sales of motor vehicles, with the exception of sales between family members.

Original plan: Lower corporate income taxes.

New plan: Keep current corporate income taxes.

Original plan: Increase state cigarette taxes from 37 cents to 68 cents per pack.

New plan: No change in current tax.

Original plan: Exempt energy used in manufacturing from the state sales tax.

New plan: Provide similar exemption for energy use in manufacturing from the state sales tax.

Original plan: Charge the state sales tax on a host of goods and services.

New plan: Charge the sales tax on labor involved in auto repair.

Original plan: Charge a 7 percent excise tax on telecommunications, such as satellite TV service.

New plan: Charge a 7 percent excise tax on telecommunications, such as satellite TV service.

– Compiled by James Salzer

Assisted Living Homes: On Wednesday Health & Human Services Committee, which I serve on, passed SB 178 out of committee. This  bill if it passes will allow Georgia’s seniors to age in place where they choose and not be forced in nursing homes against their will.

Currently, assisted living is not a recognized legal term in the state of Georgia. Assisted living communities are regulated under the term “personal care home,” which is a regulatory designation created to regulate small establishments that care for a handful of elderly or disabled people in a homelike setting. It was developed prior to the growth of professionally-managed assisted living communities. Georgia state regulation often reduced the true value of assisted living by trying to squeeze it into the personal care home category. As a result, disputes arose between regulators on one side and providers, residents and families on the other. Regulations required seniors in “personal care homes” to self medicate and to be able to move on their own in an emergency. Nursing homes are able to pass medications and do not have these sorts of ambulation requirements.

SB 178 would create a definition under the law for assisted living. Communities with 25 beds or more would be classified under the new term and would be allowed to have medication aides on staff, which is prohibited in personal care homes. Residents who need some help getting around in an emergency would also be allowed to remain in assisted living, as long as there is enough staff to keep the residents safe. See also: http://www.ajc.com/news/law-that-pushes-elderly-869357.html

Education: Last week we passed a House resolution that reflects our continuous commitment to educators in Georgia. HR 248 enacts our commitment to restore funding for National Board Certified Teachers at the earliest possible date that funding permits.  The National Board Certification is an advanced teaching credential that is valid for ten years.  The stipend for teachers earning certification from the National Board for Professional Teaching Standards began in the 1990s with the support of Former Governor Zell Miller.  We committed to teachers that if they personally invested in earning National Board Certification we would reward them with stipends. Due to the recent economic recession, however, the General Assembly reduced the stipend in 2009 and eliminated the stipend altogether last year. I personally feel that regardless of whether we promote the certification in the future, we must do all we can to honor our promise and reward the teachers who went out on a limb and invested their time and hard earned dollars towards earning the certification.

My Bill: I’m proud to report that HB 227 made it out of Education & Youth subcommittee last week. I expect it to go before the full committee sometime this week.

This week we will be in session Monday through Friday. The following week we will be out of session for spring break. I will be out of town next weekend so don’t expect the next update to come out until sometime during spring break week.

You’re my boss and I work for you.  If you have questions or concerns please do not hesitate to contact me.  You can reach me at my Capitol office (404) 656-0325, cell (404)-723-8989, or email josh.clark@house.ga.gov

Josh Clark
State Representative, District 98
612-E Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
O. 404-656-0325
C. 404-723-8989
www.votejoshclark.com

“Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has” – Margaret Mead

 

Filed under: Uncategorized — Josh Clark @ 10:02 pm


Legislative Recap: Week Ten

Posted Sunday, March 20, 2011

Wednesday, March 16th marked the 30th legislative day of the 2011 session.  Known as “Crossover Day,” this critical day marks the last chance, with rare exceptions, that House bills will have to pass the House and make their way to the Senate and vice versa. Over the remaining ten legislative days, the state House will focus on legislation that has already been passed by the state Senate.  Due to this deadline, the House worked long hours this week, debating and voting on long lists of legislation on Monday and Wednesday.

Zero Based Budgeting
Given the economic recession that has so drastically affected our state, we have worked hard this session to balance the state budget and make necessary spending cuts while continuing to provide vital services for Georgians.

To allow for a more thorough examination of our expenditures at the state level, my colleagues and I passed Rep. Stephen Allison’s HB 33 which I campaigned on and was proud to co-sponsor. This measure is designed to increase efficiencies and decrease wasteful spending by implementing a zero-based budgeting system.  Specifically, HB 33 would require state departments and agencies to submit detailed budget for a comprehensive audit.  This would allow us to fully examine every detail of the entire state budget over a six year period and further eliminate fraud and waste and prioritize spending.

HB 33 would also consolidate the House Budget Office and Senate Budget Office into one Joint Legislative Budget Office, a simple change that is projected to save the state up to $1 million annually.

Fighting Obamacare
On crossover day the House passed HB 461 authored by Rick Jasperse which I was proud to co-sponsor.  This bill provides another tool in our arsenal to combat Obamacare in this state. In an age where state rights continued to be trampled HB 461 allows Georgia to form interstate compacts with other states in a national effort to demand states’ rights and defeat Obomacare. The measure passed 108-63 over vocal objections, mostly from Democrats.

Criminal Justice Reform
In addition to reforming our state’s budget process, we also passed legislation to create the Special Council on Criminal Justice Reform for Georgians. This council will study criminal justice reform during the interim and make legislative recommendations to a joint legislative committee before the 2012 session.

The intent of this bill, HB 265, is to find solutions that will allow the state to ensure public safety while decreasing the cost of our corrections system.  It is imperative that we look at these reforms.  Georgia currently spends more than $1 billion a year and has the fourth-highest incarceration rate in the nation. However, recent studies suggest that an estimated three-fourths of the state’s prison population is believed to have some type of drug addiction, which could be treated at much lower costs than imprisonment.  For example, Georgia pays $49 per day per inmate housed in a state prison, compared to $1.50 per day for probation supervision or $16 per day for community treatment at a Day Reporting Center.

Maximizing our states influence in selecting the next president.
Along with measures to reform our justice system, we passed legislation that brings our state election laws into compliance with the rules of the national political parties.  Specifically, House Bill 454 grants the Secretary of State the discretion to select the date for Georgia’s presidential primary in each presidential election year.  The presidential primary date selected by the Secretary of State would have to fall between December 1st of the year prior to a presidential election and the second Tuesday in June of the presidential election year.  By granting the Secretary of State this additional flexibility, we can maximize Georgia’s role in selecting our nation’s presidential candidates.

Tax Reform – Is it a Fair Tax or a Girl Scout Attack?
I have continued to be inundated with complaint emails about how HB 385 would impose a tax on Girl Scout cookie sales, veterinarian services, etc. The AJC editorial cartoon even had a Georgia GOP elephant throwing a girl scout into a volcano.  Please take time to read discover the rest of the story.

Last year the House passed a bill forming a Tax Council comprised of an elite panel of economists and businessmen  to study our tax code and make recommendations to reform Georgia’s very old tax system. The goal was to create the best possible environment for economic growth and jobs. According to the bill that was passed last year, the Tax Council’s recommendations had to be submitted in the form of a bill. Of course, this doesn’t mean we have to pass the bill as it is was originally submitted. The main theme of the plan is to reduce state income tax in exchange for putting sales tax back on groceries, some services, and the removal of many special interest exemptions and credits. The plan is to help us be more competitive with surrounding states that don’t have income tax. If you like the Fair Tax, this is a cousin of that plan.

The bill “as is” was originally submitted will not go forward, although we might see some variation of the bill. As a small businessman you can rest assured that I will not vote for the any version of this bill unless it is revenue neutral and good for jobs in Georgia.

My first bill before the Senate
On Tuesday I will present my HB 227 before the Senate subcommittee of Education & Youth. If it passes out of subcommittee it will go before the full committee the following day. I had mistakenly reported last week that I thought it would go before Health & Human Services in the Senate. Since this bill deals with education and youth it makes sense in either committee.

This bill gives school personnel immunity to administer auto-injectable epinephrine to save a child’s life in anaphylactic shock.  Tragically a child can die within 20 minutes of the first sign of anaphylaxis due to a food allergy or bee sting.  Presently a child is required to have a prescription to carry an epi shot, yet statistics show that half of the deaths due to bee stings occurred the first time the child was stung.

Sunday Sales
As you have probably heard in the news the Senate passed Sunday Sales. I predict that it will come to the House floor for a vote in the next week or two.
I would enjoy hearing your thoughts on SB 10 which would allow local communities the option of holding a referendum on allowing retails stores to sell alcoholic beverages on Sunday. Under current law a community can allow a bar or restaurant to serve alcohol on Sunday, but they can’t allow a retail store to sell on Sunday. The result is that a person can get drunk at a bar or restaurant if they choose, but you can’t buy a bottle of wine at a retail store. This bill would bring consistency to state law.
What are your thoughts? I promise to read your email even if I don’t respond. Of course, I will do my best to respond to all constituents who have questions or concerns needing to be addressed.

Appreciation for our soldiers and those who serve them.
In wrapping up I would like to take a moment to let you know about some amazing men and women who were honored this week at Atlanta Hartsfield-Jackson International Airport.  Based out of the airport, the U.S. Central Command’s Rest and Recuperation (R&R) leave program and Military Personnel Assistance Point program work 365 days a year to assist members of the United States Army, Navy, Marine Corps, Air Force, and Coast Guard with transit to and from Afghanistan, Iraq, and Kuwait. Last year alone, this group of 20 soldiers and civilians supported the R&R needs of more than 166,500 troops who traveled through our great state.

Sponsored by Speaker Ralston and Rep. Smith, HR 528 honors military personnel and commends the dedicated efforts of the United States Army Human Resources Command and the USO in support of military personnel and their families.  The resolution also conveys the profound appreciation of the Georgia House of Representatives for all members of the United States military, who stand ever ready to lay the ultimate sacrifice upon the altar of freedom.  With three brothers serving in the military it was an honor and a privilege to serve as your representative when we voted to pass this meaningful resolution.

Now that Crossover Day has passed, the remaining ten legislative days will be used to consider legislation already passed by the Senate.  Please let me know if you have any comments or questions regarding any of these bills. As the Senate bills begin to make their way through the House committee process I will be sure to consider your comments.

You’re my boss and I work for you.  If you have questions or concerns please do not hesitate to contact me.  You can reach me at my Capitol office (404) 656-0325, cell (404)-723-8989, or email josh.clark@house.ga.gov

Josh Clark
State Representative, District 98
612-E Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
O. 404-656-0325
C. 404-723-8989
www.votejoshclark.com

“Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has” – Margaret Mead

Filed under: Campaign News,Issues,Press Releases — Josh Clark @ 9:16 pm


Legislative Recap: Week Nine

Posted Sunday, March 13, 2011

Friday, March 11, 2011, marked the 28th legislative day of the General Assembly’s annual session.  With Crossover Day (Day 30, point at which no new bills will crossover to the other chamber) and Sine Die (Day 40, the final legislative day) quickly approaching, we are busier than ever under the Gold Dome.  As our capitol days get longer and the number of bills being debated grows, I want to help you stay up-to-date on a few key issues that may affect you and your family.

My first bill

On Tuesday my first bill  HB 227 came to the House floor and passed 159/5. Now I will start the process all over again on the Senate side by presenting my bill before the Health & Human Services Committee followed by Rules Committee. Our Senator, Renee Unterman, who Chairs Health & Human Services is supportive of the bill and has offered to help me on the Senate side.

This bill gives school personnel immunity to administer auto-injectable epinephrine to save a child’s life in anaphylactic shock.  Tragically a child can die within 20 minutes of the first sign of anaphylaxis due to a food allergy or bee sting.  Presently a child is required to have a prescription to carry an epi shot, yet statistics show that half of the deaths due to bee stings occurred the first time the child was stung.

Insurance across state lines.

On Thursday the House passed HB 47, which I co-signed. This bill provides Georgians an option to purchase health insurance plans across state lines by allowing insurance companies licensed in Georgia to sell accident and health insurance policies that are approved for sale in other states.  This simple change would create a more open insurance market with greater competition, ultimately resulting in less expensive health insurance options for Georgians.

HOPE

After receiving the HOPE bill back from the Senate the House gave its final approval to changes with a wide bi-partisan support. Governor Deal will sign the bill in a few days.  For more in-depth details see my previous posts on my blog, but here are a couple of the last minute changes.

Based on feedback from universities and many students, the college GPA required to keep the full tuition “Zell Miller” scholarship was lowered from 3.5 to 3.3.   You still must have a 3.7GPA in high school and a 1200 SAT or 26 ACT to qualify for the “Zell Miller” full scholarship. Nothing changed as far as the 3.0 requirement to receive 90% of tuition for public universities. The Senate added the provision that the valedictorian or salutatorian from every high school would be Zell Miller scholars, regardless of SAT or ACT scores.  To continue receiving the full Scholarship, these students will have to maintain a 3.3 GPA in college. This helped balance the number of recipients in smaller school districts.

Pre-K

Originally, the bi-partisan plan for preserving Pre-K reduced the program from 6 to 4 hours. However, after consulting pre-K teachers and providers, a new decision was reached. Rather than shorten the day from six hours to four the Pre-K plan will reduce the year from 180 days to 160 days.  This ensures full nutritional and educational opportunities for 86,000 children next year.  Additionally, two more students will be added to each Pre-K class, moving the class size from 20 to 22.  Since all Georgia Pre-K classes have a paraprofessional in the room, the student to teacher ratio will max out at 11 to 1. Further, Pre-K providers will receive 94 percent of the operating funds they currently receive, and Pre-K teachers will receive 90 percent of their current salaries

Budget

The other key bill passed this week was HB 78, the Fiscal Year 2012 state budget.  The 2012 Budget totals $18.1 billion and will direct spending from July 1, 2011 through June 30, 2012.  While state funds increased 2 percent as a result of slightly improving economic conditions, total spending for FY 2012 decreased by over 4 percent due to expiring federal stimulus funds.  Our per capita spending, not adjusted for inflation, is below 2001 budget levels. We achieved these reductions by cutting spending an average of 7 percent in most state agencies and departments. Within the limited budget, however, we were able to provide some needed improvements that will have statewide impact. This budget includes more than $19 million for economic development projects that will improve roads, bridges, and airports throughout the state as well as help bring jobs to out of work Georgians.

Tax Reform – Is it a Fair Tax or a Girl Scout Attack?

I have been inundated with complaint emails about how HB 385 would impose a tax on girl scout cookie sales.  That is true.  The AJC editorial cartoon even had a Georgia GOP elephant throwing a girl scout into a volcano.  Please take time to read the truth and discover the rest of the story.

Last year the House passed a bill forming a Tax Council comprised of an elite panel of economists and businessmen  to study our tax code and make recommendations to reform Georgia’s very old tax system. The goal was to create the best possible environment for economic growth and jobs. According to the bill that was passed last year, the Tax Council’s recommendations had to be submitted in the form of a bill. Of course, this doesn’t mean we have to pass the bill as it is was originally submitted. The main theme of the plan is to reduce state income tax in exchange for putting sales tax back on groceries, some services, and the removal of many special interest exemptions and credits. The plan is to help us be more competitive with surrounding states that don’t have income tax. If you like the Fair Tax, this is a cousin of that plan.

The bill “as is” will not go forward. We might see some variation of the bill but it appears more likely at the moment that we will continue studying the impacts of the proposed legislation further before passing anything. Rest assured that I will not vote for the any version of this bill unless it is revenue neutral.

Next week our daily calendar is greatly expanded with at least 24 bills on the floor for consideration on Monday and a very lengthy calendar expected for Crossover Day on Wednesday – Day 30. You can watch every Legislative session live online.

You’re my boss and I work for you.  If you have questions or concerns please do not hesitate to contact me.  You can reach me at my Capitol office (404) 656-0325, cell (404)-723-8989, or email josh.clark@house.ga.gov

Josh Clark

State Representative, District 98
612-E Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
O. 404-656-0325
C. 404-723-8989
www.votejoshclark.com

“Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has” – Margaret Mead

 

Filed under: Campaign News,Press Releases — Josh Clark @ 3:48 pm


Posted Wednesday, March 9, 2011

Town Hall with Representative Josh Clark & Senator Renee Unterman

WHAT: Representative Josh Clark (R-Buford) will be joined by Senator Renee Unterman (R-Buford) to host a Town Hall Meeting for their constituents in northern Gwinnett County.  Citizens are invited to bring their questions and concerns regarding the current legislative session as well as any other issues that affect the lives of those living in State House District 98 and State Senate District 45.

WHO: Sen. Renee Unterman
Rep. Josh Clark

WHEN: Saturday March 12, 2011
2:00 pm- 4:00 pm

WHERE: Red Sky Neighborhood Grill
2033 Buford Highway
Buford, GA 30518

State Representative, District 98
612-E Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
O. 404-656-0325
C. 404-723-8989
www.votejoshclark.com

“Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has” – Margaret Mead

Filed under: Events,Press Releases — Josh Clark @ 6:28 pm


Legislative Recap: Week Eight

Posted Sunday, March 6, 2011

After five 5 consecutive days of Session we concluded the 24th legislative day on Friday. We passed 2 big pieces of legislation. Together they address the majority of emails I have received over the past several weeks.

On Tuesday we passed HB326,  Governor Deal’s proposal to fix two of the three educational programs funded by the lottery, HOPE Scholarship and HOPE Grant.

As you probably know, our state’s HOPE Scholarship and HOPE Grant programs are funded by proceeds from the Georgia Lottery. Though each of these programs has seen overwhelming success, lottery proceeds have reached a plateau, but demand and tuition for HOPE programs continues to rise. To preserve these vital programs and ensure their continued solvency, HB 326 initiates several funding adjustments that will allow the HOPE Scholarship and HOPE Grant programs to be maintained and adjusted yearly according to lottery revenues.

The highlights are:
·  Pay 90% of tuition and no fees or books.  The 90% will float year to year based on lottery revenue.
·  Add a new best and brightest “Zell Miller” scholarship that covers 100% of tuition. It will require 3.7 high school GPA, 1200 SAT, and keeping a 3.5 in college.  If a child slips on this he can still be a regular HOPE scholar. Please note that the regular HOPE stays at 3.0!  There were some bad rumors on that point.
·  Private and technical school grants will be reduced to 90% and also float year to year.
·  HOPE will have a seven year limit on a kids schooling, allow you to get back on one time only after losing it, and not pay for remedial classes.
·  Phase in of requiring 2 to 4 college prep / advanced level courses in high school
·  No means testing – still 100% merit based
·  Limit bonuses for lottery executives and reduce the commission to retailers from 7% to 6%

The proposed changes to the Pre-K program (adding 5000 additional slots for students and cutting the hours from 6 to 4 hours per day) are still being debated and will be included in the Fiscal Year 2012 budget.

While this may be painful for many, the choice we had was to fix it now, or see the HOPE scholarship fund go completely bankrupt in two years. We made the tough choice to deal with it now. I believe that’s what you elected me to do – make smart, tough choices regardless of the short-term political pressure.

For a more in-depth coverage of HOPE please read my newsletter from last week. Click here.

On Wednesday the House passed HB200, legislation that targets the horrendous crime of human trafficking. It especially targets the trafficking of minors for sexual and other purposes and provides a pathway for the victims out of the forced servitude. The bill increases penalties for individuals who are found guilty of human trafficking, provides law enforcement with additional tools necessary to combat the practice of human trafficking, and expands Georgia’s forfeiture law so that it applies to those convicted of human trafficking

In keeping with my campaign commitment on Thursday we passed HB87, the Illegal Immigration Reform and Enforcement Act of 2011 after three hours of debate.  HB87 strengthens our laws in dealing with illegal immigrants and we feel avoids some of the pitfalls of Arizona’s new law.

Although some may think of illegal immigration as a problem only for border states, the Pew Hispanic Center recently determined that Georgia has the fastest growing illegal population in the nation. That same study also found that, with nearly 425,000 illegal aliens, Georgia has the seventh highest total illegal population in the nation. The results of this are clear: our classrooms are more crowded, our healthcare system is stretched to its limits, transportation infrastructure is overburdened and our law enforcement community is pressed beyond its means. Current economic conditions make it clear that Georgia literally cannot afford to continue this drain on our already limited resources.

Under HB 87, employers would be required to verify that newly hired employees are eligible to work in the United States by using the E-Verify system. If you are unfamiliar with E-Verify, it is an accurate, free, internet-based federal database. This easy to use verification system is already used by more than 16,000 Georgia employers.

Additionally, HB 87 requires secure and verifiable identification for official purposes, and helps local law enforcement agencies handle issues associated with illegal immigration. It is important to note that this legislation does not affect the existing H-2A visa program that provides a legal avenue for foreign workers to temporarily come to Georgia and work with the agriculture industry in our state.

My bill HB 296 has continued to create a stir. I hope to get a hearing soon before Judiciary Non-Civil. You can read the latest article in the AJC here.
http://www.ajc.com/news/georgia-politics-elections/house-set-to-vote-858619.html

HB33 the Zero Based Budgeting Act which I co-sponsored was passed out of committee on Thursday.  It now heads to the Rules Committee.

If you have a child 12 years old or older who would like to serve as a Page for a day please contact email me at josh@votejoshclark.com and we will send you an application.

The Legislature will be back in session on Monday and will be in session Monday, Tuesday, Thursday, and Friday. I will be at the Capitol on Wednesday as well since I have committee meetings. You can watch every Legislative session live online.

You’re my boss and I work for you.  If you have questions or concerns please do not hesitate to contact me.  You can reach me at my Capitol office (404) 656-0325, cell (404)-723-8989, or email josh.clark@house.ga.gov

Sincerely,
Josh Clark
State Representative, District 98
612-E Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
O. 404-656-0325
C. 404-723-8989

“Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has” – Margaret Mead

Filed under: News Articles — Josh Clark @ 8:13 pm


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