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Legislative Recap: Week Eleven

Posted Sunday, March 25, 2012

On Monday, March 19th, we returned to the Gold Dome to begin our 34th legislative day of the 2012 session.  A number of pieces of Legislation passed the House this week but two were major pieces of legislation that will reform both our state’s tax code and criminal justice system.

HB386, called the “Georgia Jobs and Family Tax Reform Plan,” does a number of things to create a more attractive business climate, reduce the marriage penalty, and replace the sales and ad valorem taxes on automobiles sales with a one-time title tax.

A brief description of some of the key components of this plan are as follows:

Eliminates the state sales tax on energy used in manufacturing: Members of both the Tax Reform Council and the Governor’s Competitiveness Initiative recommended that we exempt energy used in manufacturing. We are one of only 10 states that tax energy used in manufacturing. This initiative will help the state attract more companies like Caterpillar which just announced that it will be creating more than 1,400 more jobs for Georgians with a new plant they are building. This tax cut will be phased in over a four year period and when fully implemented will save Georgia manufacturers approximately $150 million per year. Gwinnett is home to more than 800 manufacturing firms which employ more than 20,000 workers. This legislation will directly impact our local community.

Eliminates the “birthday tax” on motor vehicles: When you title a car in Georgia after March 1, 2013 you will pay a one-time title fee instead of annual ad valorem taxes, due on your birthday every year and also avoid the sales tax due at the time of your vehicle’s purchase. The one time title fee rate of 6.5 to 7 percent, is less than/equal to the sales tax in most counties. Transfers between immediate family members will only be subject to one-half of 1 percent.

Reduces the marriage penalty in our income tax code by cutting income taxes for married couples: Cuts income taxes by $140 million every year by increasing the personal exemption for married couples by $2,000 per couple from $5400 to $7400.

Caps retirement income exclusion for seniors at current level of $65,000 ($130,000 per couple): This will NOT be a tax increase for anyone taking the exclusion now. This will just freeze the exclusion at current levels.

Provides a two-year sales tax holiday for school supplies and energy and water efficient products. This cuts sales tax by roughly $80 million over the next two years for Georgia consumers and keeps Georgia businesses competitive with counterparts in neighboring states.

Creates a one percent sales tax exemption on commercial aviation fuel to make our fuel rates more competitive with other major airports. Currently Georgia’s aviation fuel tax is the highest in the nation. This cut will help “fuel” growth in the logistics industry as we become more competitive with surrounding states.

Revises sales tax exemptions on agriculture to ensure fairness and consistency across Georgia’s largest industry. The agriculture exemptions have been cobbled together over the years and are not consistent. Currently for example, energy used to heart and cool poultry houses is exempt, but not energy used in other livestock facilities like dairy and swine. It also includes broad agriculture input exemptions for energy, machinery and equipment and other inputs like seed, fertilizers and insecticides. This will save our agricultural producers about $17 million per year.

E-Fairness: Currently, all retail sales to Georgians, be they online or in store, are required to result in the collection and remittance of either a state sales or use tax. While brick and mortar retailers within the state must collect a sales tax at the time of the sale, their out-of-state counterparts do not. Instead, this burden is placed on their Georgia customers, who are required to remit the sales tax in the form of use tax, something many Georgians are not aware of even though it has been law since the 1950’s. HB 386 would end this disparate treatment that unfairly burdens in-state retailers by requiring out-of-state sellers to also collect and pay the Georgia state sales tax if they have certain relationships with affiliates in Georgia, just like their in-state counterparts. Not only will this end an unfair tax policy that puts small businesses in Georgia at a disadvantage, but it will also stop incentivizing out-of-state retailers to keep their facilities and jobs out of Georgia. As we work towards a fair tax in Georgia it is essential that businesses in our state are able to compete fairly across the board.

HB1176 is the result of a Study Committee on Criminal Justice Reform. Since 1990, Georgia’s prison population has more than doubled to nearly 56,000 inmates, costing the state over $1 billion annually.

Despite this growth, Georgia taxpayers have not received a sufficient public safety return on their corrections dollars.  In fact, our recidivism rate – the proportion of inmates who are reconvicted within three years of release – has held steady at nearly 30 percent for the past decade.

Aware of the problems in Georgia’s criminal justice system, the Georgia Supreme Court, Governor Deal, and the Georgia General Assembly worked together last year to create the Special Council on Criminal Justice Reform for Georgians.  This bi-partisan council conducted an in-depth analysis of the state’s sentencing and corrections data to determine how the state can better utilize taxpayers’ dollars in keeping dangerous criminals off the street.

The council found that 60 percent of all prison admissions were drug and property offenders, many of which committed non-violent crimes and had never been to prison before. With each of these offenders costing the state $49 a day in prison, it became apparent that other community-based options, such as Day Reporting Centers that cost $16 a day per offender, might be a more efficient and cost-effective method for supervising non-violent offenders. This is especially true when you consider the fact that our prisons are filled with drug addicts caught in a cycle of petty crime to support their habit followed by short stints in prison where rehabilitation is not offered. Rather than perpetuate this perpetual problem, we could break the cycle through low cost community-based rehabilitation. Unfortunately, few judges in our state currently have viable sentencing options other than prison.

To change this, HB1176 would concentrate 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 reforms implemented by HB1176 will truly allow Georgians to rest assured that their tax dollars are being spent on an efficient criminal justice system without sacrificing public safety. By redirecting some of the money we spend incarcerating low-risk, non-violent offenders with substance abuse problems toward more effective community-based options that cost less and produce better outcomes, we will make all of Georgia’s communities safer. Moreover, the measures included in this legislation will save taxpayers an estimated $264 million by averting projected growth in prison costs over the next five years.

The House is in session Monday, Tuesday, and Thursday next week with Thursday being the final day, or Sine Die, of the 2012 Legislative session.

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 or cell (404) 723-8989.

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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: Issues,News Articles,Press Releases — Josh Clark @ 8:50 am


Legislative Recap: Week Ten

Posted Friday, March 16, 2012

We returned to the gold dome on Monday, March 12, to begin our 31st legislative day of the 2012 session.  With “Crossover Day” (Day 30) behind us, bills passed by the state Senate have now “crossed over” for consideration in the House.  This means that we will spend the last 10 legislative days of the session debating and voting on Senate bills and resolutions that have already passed the Senate.  Before Senate bills can make their way to the House floor, however, they must first go through the House committee process.  Just as we spent the first few weeks of session in committee meetings examining House legislation, this week we spent much of our time in committee meetings examining Senate legislation.

Senate Bill 312 is one piece of legislation that “crossed over” from the Senate and is now under review in the House Judiciary Committee.  SB 312 requires recipients of food stamps to engage in professional development activities, such as furthering their education, enrolling in an adult literacy class, or taking a job training course.  This requirement would not apply to those working more than 30 hours a week or part-time students, since they are already furthering their professional development.  With theGeorgiaunemployment rate above 9 percent, this measure will help ensure that those receiving public assistance are taking the steps necessary to become successful, tax-paying workers.

Another piece of Senate legislation discussed by the House Judiciary Committee this week was Senate Bill 316.  This bill extends the statute of limitations up to 20 years for offences that harm children.  After this change, adults can come forward and report cases of rape, molestation or incest that may have occurred when they were children.  With only half of child abuse cases ever reported, this measure will allow prosecutors and victims to seek justice against those that commit these deplorable acts.  Reporting abuse can ultimately prevent future abuse from occurring, so these adults may be able to save countless children by coming forward.  I encourage you to report any instances of suspected child abuse by calling 1-800-4-A-CHILD.

Senate Bill 469 also “crossed over” to the House and is currently under review in the House Industrial Relations Committee.  SB 469 prohibits mass picketing on private property.  While all Americans have a right to freedom of speech, this measure ensures that the rights of property owners are respected during protests.

This week, the House Judiciary Non-Civil Committee began discussing Senate Bill 441, another bill that “crossed over.”  This legislation prohibits individuals from pointing lasers at aircraft and police officers.  When pointed at an aircraft from many miles away, a simple laser pointer can cause a large glare on the glass of a cockpit windshield, temporarily blinding pilots and creating a serious safety concern for passengers and people on the ground.  In 2010, more than 2,000 pilots reported being targeted by lasers.  Although federal law already prohibits individuals from pointing lasers at aircrafts, this measure will ensure an extra level of protection forGeorgiacitizens and pilots.

Also, in SB 441 is a measure that prohibits people from pointing lasers at police officers.  With many weapons containing laser sights, lasers can cause police officers to believe that their lives are being threatened.  In 2005, this led to police shooting and killing a 24-year oldFloridaman after he pointed a laser at a group of deputies and refused to show his hands.  SB 441 would help prevent a similar instance inGeorgia, and allow police officers to do their jobs without unnecessary distractions.

In addition to SB 312, SB 316, SB 469, and SB 441, the House also received more that 100 other Senate bills and resolutions that are available for consideration.  If you would like information on any of this legislation, or any House legislation that is now in the Senate, please visit the House website at www.house.ga.gov and click on the Clerk’s office/legislation link at the top of that page.  Once there, you can use the “Legislation Search” button on the left side of the screen to find bills and resolutions by bill number, key words, or even the original sponsor of the legislation. Don’t forget you can always watch us live by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx

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 or cell (404) 723-8989.

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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: Issues,News Articles,Press Releases — Josh Clark @ 6:15 pm


Legislative Recap: Week Nine

Posted Friday, March 9, 2012

Wednesday, March 8th marked the 30th legislative day of the 2012 session.  Known as “Crossover Day,” this critical point in the session marks the last chance for most bills to pass the legislative chamber where they started.  This is because by the end of Crossover Day, all legislation passed by the House must “cross over” to the Senate, and vice versa.  As a result, any House bill that has not passed the House by the end of Crossover Day will have little chance of becoming law this year.  Due to this deadline, the House worked long hours this week, debating and voting on lengthy lists of pending legislation.

Of all the legislation passed on Crossover Day, the most important was House Bill 742, the Fiscal Year 2013 (FY 2013) state budget.  The Georgia Constitution requires only one thing of the General Assembly, to pass a balanced state budget.  As passed by the House, the FY 2013 budget will direct spending for all state agencies, departments, and programs from July 1, 2012 to June 30, 2013.  While the $19.2 billion state budget reflects a slight increase from the FY 2012 state budget, it should be understood that the FY 2013 budget proposes state operations at over 20 percent less per capita than a decade ago.

As your state representative, I am committed to education in our community and recognize that it is one of our most important funding priorities.  With this in mind, I am happy to let you know that the FY 2013 budget includes an increase in funding for state education programs.  Thanks to this added funding, we were able to bring back 10 days of instruction to our Georgia Pre-K program that were cut in the FY 2012 budget, bringing the Pre-K year to 170 days of instruction and 9 professional learning days.  We followed Governor Deal’s proposal in funding a reading mentor program and included $3 million in differentiated pay for newly certified math and science teachers. The House budget plan also includes $112.5 million to fully fund K-12 enrollment growth and pay increases for teachers based on their training and experience. It includes an additional $3.5 million for the school nurse program and $8.6 million in supplemental funding for state special charter schools.  Additionally, the FY 2013 budget allows every free or reduced lunch student to take one AP exam, which could help the brightest students in the state earn college credit before they even graduate high school.

In addition to education, the FY 2013 budget also expands funding for the state medical student residency program.  Through this funding, the state will attract much needed doctors to Georgia with nine new osteopathic residency slots, 214 additional residency slots in southwest Georgia and Gwinnett County and increases housing support for third and fourth year medical students.

Moreover, the FY 2013 budget increases funds necessary for keeping Georgians safe.  Funding increases for our state’s public safety include an increased gas allowance for state troopers, which will help keep our troopers patrolling our roads despite rising gas prices.  An extra $10 million was also added for accountability courts.  These highly specialized courts will provide the state with a more cost-efficient system in penalizing non-violent, first-time offenders who may be suffering from mental illness or drug addiction.

While accountability courts are one step towards combating drug problems in our state, we also passed legislation this week that would require drug testing as a condition for applicants seeking cash assistance through the Temporary Assistance for Needy Families (TANF). This measure will help insure that the tax payers hard earned dollars are being used to provide needed resources for the children rather than the cash being used to purchase illicit drugs. House Bill 861 would accomplish this by requiring applicants to pass a drug test before receiving any public funds.  If a TANF recipient that has dependent children fails the drug test, the funds for the children would be reallocated to another caring adult who will ensure the children’s needs are financially covered by the TANF funds.  A similar law was passed in Florida and resulted in a substantial savings to tax payers of 1.8 million in the first quarter the law was enacted.

In addition to protecting children from the harms of drug abuse, we passed House Bill 1114 to protect the elderly from dangerous organizations that assist others in committing suicide.  Under HB 1114, anyone who knowingly assists in a person’s suicide would be charged with a felony punishable by one to 10 years in prison.  This measure was introduced after the Final Exit Network assisted a 58-year-old man in committing suicide inCumming,Georgia.

This week we also passed legislation to protect Georgians from the growing problem of metal theft.  With metal prices at an all time high, many criminals have begun stealing appliances, cables, copper wiring, and other recyclable metal to sell for a quick profit.  This crime is costing businesses, churches and communities substantially. I recently had a home broken into twice and stripped of copper pipes, wire and the ac system. HB 872 would combat metal theft by requiring metal sellers to show a valid ID and a work order or receipt to prove the metal was not stolen.  Metal recyclers must also maintain a record of all purchases, so that police may more easily investigate metal theft incidents.  As HB 872 makes its way to the Senate and our law enforcement officers continue to fight metal theft throughoutGeorgia, I encourage you to visit stopmetaltheft.com to learn how you can protect your home from metal theft.

Now that Crossover Day has passed, the FY 2013 state budget and all other House bills are now in the Senate.  While there, House legislation will once again go through the committee process before making its way to the Senate floor for consideration.  Only if the House and Senate can agree on identical versions of the legislation will they be sent to the governor for consideration.

The remaining 10 legislative days of session will be used to consider legislation already passed by the Senate.  Don’t forget you can always watch us live by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx

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 or cell (404) 723-8989.

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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: Issues,News Articles,Press Releases — Josh Clark @ 10:41 pm


Legislative Recap: Week Eight

Posted Sunday, March 4, 2012

Wow, it’s hard to believe that Georgia’s Presidential Preference Primary is already here. Please don’t forget to vote this Tuesday, March 6th. Also, be sure to remind your friends by posting on Facebook and sending an email reminder. Click here to find your polling place

Monday, February 27th, 2012, marked the beginning of the eighth legislative week of the 2012 session.  With “Crossover Day” – the 30th and final legislative day that most House bills must pass the House and make their way to the Senate – scheduled for Wednesday, March 7th, we will put in some of our longest days next week as we review a lot of bills that will exit committee at the last possible moment.  Because my colleagues and I believe that securing a positive future for Georgia’s children should be one of our most important priorities, many of the bills passed by the House this week are aimed to protect the well being of children in our state.

Two pieces of legislation that passed the House of Representatives this past week, House Bill 215 and House Bill 641, seek to protect the physical wellbeing of children.  HB 215 does this by ensuring registered sex offenders cannot work as school bus drivers.  The legislation accomplishes this by making it impossible for registered sex offenders to receive the commercial driver’s license required to drive school busses, charter busses, and other commercial vehicles that may be employed to transport children.

House Bill 641 passed unanimously this week after many years of research and meticulous work by the Judiciary Committee. This bill provides a comprehensive overhaul of the state’s juvenile code.  By updating Georgia’s laws affecting children, this bill will allow the state to better help children who enter the state system either through no fault of their own, such as those in foster care, or through their own actions, such as those in juvenile detention.  For example, HB 641 would make Georgia’s juvenile courts more efficient in handling cases of abuse, neglect, youth violations of the law, and other circumstances requiring court intervention.  The legislation would also improve communication between state agencies by requiring them to create a coordinated plan for each child in the state system.  HB 641 would help foster children by ensuring they have access to caring adults who can provide them with the guidance, skills, and opportunities needed to become independent adults.

In addition to passing legislation that protects children, on Wednesday we passed House Bill 954 to protect human life.  HB 954 would ban abortions in Georgia after a pregnancy reaches 20 weeks. This would protect the unborn at the stage of development where medical evidence indicates a fetus is capable of feeling pain.  The law includes a narrow exception for pregnancies that threaten the life of the mother or the life of another unborn child. To learn a lot more about this bill go to my blog at www.votejoshclark.com and scroll down to the recap from week six.

Although many of the bills passed by the House this week focused on protecting children and potential life, we also passed House Bill 456 to reduce the size of government and its unnecessary intrusion into the lives of Georgians.  HB 456, also known as the Georgia Government Accountability Act, will allow the state to determine whether there is a continued need for existing state-run programs and agencies.  This would be done through the Joint Legislative Sunset Advisory Committee, which would evaluate state agencies and entities based on their productivity, efficiency and responsiveness.  The committee would then submit its findings to the General Assembly with a recommendation for legislative action that could include privatization, consolidation or elimination of the state program or agency.  Like all the legislation passed this week, HB 520 must now receive approval from the State Senate and Governor Deal before becoming law.

I was excited to finally get HB 669 out of committee this week. There were a few changes. Instead of requiring agencies to immediately submit contingency plans the bill calls for a study group to meet before next session to look into the implications of agencies submitting contingency plans based on 5% and 25% cuts to federal funds in their budget. I believe these contingency plans are especially important as we face the obvious necessity of the federal government cutting spending in the future before we end up like Greece. Sometimes things move a little slower than we might like but there is also safety in that challenge.

The bill still requires that each agency report the following: the aggregate amount of federal funds they received for the previous fiscal year, the aggregate amount of federal funds that were appropriated by the legislature to and percentage of their budget that was comprised of federal funds. To read more about this bill go to my blog at www.votejoshclark.com and scroll to the bottom of Legislative Update: Week Four.

Last week I got HB 1165 out of committee. This is a bill that Gwinnett County asked me to carry which strikes population and census language allowing counties of 600,000 or more to assess an additional penalty of 10% of any unreturned property assessed after expiration of return deadline. The old language in the law was arcane and outdated as methods of tracking property and preparing returns have changed dramatically since 1970.

We will be in session on Monday and Wednesday of next week. Tuesday we will be busy studying bills for day 30, working in committee meetings and trying to get bills out of Rules Committee in time to be on the floor for day 30. Don’t forget you can always watch us live by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx

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 or cell (404) 723-8989.

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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,News Articles,Press Releases — Josh Clark @ 2:54 pm


Legislative Update: Week Seven

Posted Sunday, February 26, 2012

We returned to the Gold Dome on Tuesday, February 21, after learning some exciting news for the future of Georgia’s economy.  On Friday, February 17, Governor Deal announced that Caterpillar Inc. will bring over 1,400 jobs to Georgia with the construction of a new manufacturing plant in Athens.  In addition to these jobs at the new plant, Caterpillar’s suppliers and increased retail sales are expected to create another 2,800 jobs.  While we still have much work left in order to reduce unemployment and make Georgia into the #1 state for job growth, this announcement does prove that Georgia is an internationally competitive market, as Caterpillar will actually relocate Japanese production of small excavators and backhoes to the new Georgia plant.

In attracting businesses to Georgia we must also ensure our children are prepared to become the next generation of exceptional workers.  We have much to be very proud of in District 98 when it comes to the quality of education offered to our children; however, unfortunately, this is not the case in all our schools statewide. That is why innovative schools, like charter public schools that specialize in science and math, are important to our state’s education system.

Unfortunately, the future of some of our state-sponsored charter schools was threatened last summer when the Supreme Court of Georgia ruled in a 4/3 decision that local school districts shall have “exclusive” (the word “exclusive does not appear in the state constitution) control over general K-12 public education, calling into question whether the General Assembly has the authority to enact any general public education policies or provide accountability to our schools. Keep in mind that the General Assembly funds about half of the dollars that flow into our local schools so I think it only makes sense that the state would provide some accountability as they have for more than a century.

HR 1162 is a constitutional amendment that maintains the state’s limited role in providing a system of checks and balances in state policies regarding education and allows the state to approve charter schools when requested by parents. However, contrary to what you may have heard HR 1162 absolutely does not allow the state to use local school board funds for state created charter schools.

Because HR 1162 is a constitutional amendment, it must now receive approval from two-thirds of the Senate and the signature of Governor Deal, before being placed on the ballot for approval from voters.  If that happens, you and all other Georgia voters will have the final say on whether HR 1162 should be added to our state constitution. To view the short resolution go to http://www.legis.ga.gov/Legislation/en-US/display/20112012/HR/1162. Keep in mind that when reading a bill only the underlined wording has changed.

I greatly appreciate all of you who emailed or called with questions or concerns regarding HR 1162. It was interesting to note that in almost every case when people heard the full story they were supportive of passage of this resolution which would allow the people to decide for themselves.

In addition to passing legislation this week, we also took time to recognize the brave Georgians in uniform who protect our great State of Georgia and nation.  Wednesday, February 22, was Georgia National Guard Day.  On this day, we honored the sacrifice of our 45 fallen heroes who were killed inIraqandAfghanistanand welcomed their families to the capitol.  We also recognized our current National Guard troops who serve and protect us.  It was an honor to recognize these incredible soldiers and airmen at the State Capitol.  We are forever grateful for the sacrifices that they have made for our freedom.

We will be in session on Monday through Wednesday of next week. Don’t forget you can always watch us live by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx

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 or cell (404) 723-8989.

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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: Issues,News Articles,Press Releases — Josh Clark @ 8:09 pm


Legislative Recap: Week Six

Posted Sunday, February 19, 2012

This week marks the half-way point of the 2012 legislative session.  Friday, February 17 was legislative day 21 of the 40 days that we are allowed to meet.  With the end of session drawing closer, our pace quickens as we work on a buildup of legislation in the committees and an ever increasing number of bills that come to the House floor.

This past week I had the privilege of visiting with two groups of students from our district as well as other constituents who were visiting the Capitol. If you are visiting please feel free to contact me and I will do my best to break away and visit with you. I do not forget that this Capitol belongs to you and I work for you.

We passed HR 1325 this week.  This resolution urges Congress to repeal an outdated law so that illegal cell phone use can be more easily detected in prisons.  Illegal cell phone use has become a huge problem in Georgia prisons.  In 2011 the Georgia Department of Corrections confiscated more than 8,500 illegal cell phones.  These phones are often used by inmates to initiate attacks against prison guards and coordinate gang activity from behind bars.

Georgia corrections officers have reported that they could dramatically decrease the violence with the use of cellular jammers, devices that prevent cellular phones from receiving signals from base stations. Unfortunately, prisons are unable to use cellular jammers due to an outdated federal law.  While we cannot change this law ourselves, we can send a strong message to Washington, which we did with HR 1325.  Now that this measure has been approved by the House, this resolution will be considered by the Senate.

In my opinion the very fact that we have to pass a Resolution urging Congress to allow us to use cellular jammers in our prisons is just another example of Congress passing laws that exceed their few and enumerated powers. This is just another example for the need of HB 670 which would set up a Constitutional Guardian Council to review, evaluate and respond to federal legislation that adversely impacts our state rights. To learn more about it to go my blog and look under Legislative Update: Week One.

The Small Business & Job Creation committee which I served on has kept a busy schedule carrying out the assignment Speaker Ralston gave us regarding the “Red Tape Watch Initiative”. Through this series of hearings, we have had the opportunity to hear from small businesses across the state as they shared the challenges they face with unnecessary government regulations.  The feedback has provided us with some insight into possible areas for improvement.  For example, business owners from several different industries have complained about delays in working with state agencies to obtain inspections and licenses.  Also, many owners of day care centers complained of a new requirement that employees must have a technical or college degree.  Some of these centers say they may have to lay off workers who have been working with them for 20 years.  We need to look at policies like these and determine if this is the right step to take.  My colleagues and I appreciate these many business owners who have stepped forward with their stories, and we look forward to finding ways to resolve these issues so that small businesses can flourish and create more jobs.

It’s not too late if you or someone you know would like to speak before the committee regarding oppressive or outdated state regulations that affects your ability to run your business. Please visit www.house.ga.gov/redtapewatch, fill out the form, then copy and paste the content into an email and send it to me, so that I can help schedule you to speak before the committee. With your help, we can make it easier for small businesses in our community to thrive and hire new employees by removing burdensome regulation.

On Tuesday my Federal Receipts Reporting Bill received a hearing before the Budget and Fiscal Affairs Committee. The committee responded favorably toward the bill. Chairman Chuck Martin asked me to speak with the State Auditor to discuss possibly adjusting the reporting due date to a more convenient time for them. Chairman Martin who is also a co-sponsor promised a committee vote the following Tuesday.

HB 669 requires state agencies to develop contingency plans based on 5% and 25% cuts to their budgets. It also requires that each agency report the following: the aggregate amount of federal funds they received for the previous fiscal year, the aggregate amount of federal funds that were appropriated by the legislature to and percentage of their budget that was comprised of federal funds. To read more about this bill go to my blog at www.votejoshclark.com and scroll to the bottom of Legislative Update: Week Four.

This week I co-signed HB 954 which would ban abortion from the time that a preborn child can feel pain. It is modeled after a bill that was authored by Mrs. Mary Balch, State Legislative Director, National Right to Life and known as the Pain Capable Unborn Child Protection Act. It passed in Nebraska in April 2010 and subsequently in four other states. To date none have been challenged. Sadly as I understand, Georgia is the 2nd highest nationally for the number of late term abortions performed. Hopefully we can pass this bill and make strides in the direction of protecting these innocent and unborn lives.

Q. Why does Georgia need to pass HB 954, referred to as the “Pain-Capable Unborn Child Protection Act?”
A. Georgia law allows abortions throughout all nine months of pregnancy. HB 954 is based on scientific studies which clearly show that preborn babies feel and react to pain at 20 weeks after fertilization. In fact, some research indicates that pain perceived by a preborn child is more intense than that experienced by newborns, older children and adults.

Q. What specific scientific evidence is there to support that view?
A. The following are known facts about a fetus at 20 weeks and earlier:

  • Specialized nerve endings involved in pain transmission are seen as early as 7 weeks after fertilization and are found throughout all organs by week 20.
  • Surgeons entering the womb to perform corrective procedures on a fetus have seen them flinch, jerk and recoil from sharp objects and incisions.
  • The brain has the full complement of cells present in an adult and brain waves are present.
  • From 18 weeks of gestation, the fetus responds to painful stimulus with a sharp rise in stress hormones seen in adults. The level of these hormones actually increases in relation to the level of stimulation, indicating a greater degree of pain.
  • By 20 weeks, pain receptors have appeared throughout the body. The ability to regulate or lessen, pain does not develop until after birth. Therefore not only does the fetus experience pain, but the pain is magnified.
  • During fetal surgery, the preborn child is routinely given anesthesia.

Q. What exactly would such a law do?
A. It would prohibit all abortions after 20 weeks from fertilization.

Q. Are there any exemptions?
A. Yes. Abortion would be allowed in cases where it’s necessary to save the life of the mother, or to prevent her from suffering serious risk of substantial and irreversible physical impairment of a major bodily function.

Q. Isn’t the primary focus to ban “late term” abortions?
A. The concept of late term abortion has no fixed legal or medical meaning. This bill prohibits abortions after the midpoint of a pregnancy (20 weeks after fertilization).

Q. Aren’t such abortions rare?
A. The most recent survey estimated that 1.5% of the 1.2 million annual abortions in the United States are performed on children at 19 weeks after fertilization, or older. That amounts to more than 18,000 abortions annually. In Georgia, nearly 1,000 such abortions, or 4% of the total, were performed in 2009.

Q. Do other states have such a law?
A. Yes: Alabama, Idaho, Indiana, Kansas, Nebraska and Oklahoma have passed such legislation. Besides Georgia, similar laws are being considered in the District of Columbia, Virginia, Florida and New Hampshire.

Q. Have any of these laws been challenged in court?
A. The Idaho law was unsuccessfully challenged by an individual woman.

Q. What are the arguments against such a law?
A. Pro-abortion researchers try to claim that preborn children cannot feel pain until later in the pregnancy when nerves reach the cerebral cortex. However, since 2007 medical research has indicated that those connections are not essential for a preborn child to experience pain.

The House will be in recess on Monday due to Presidents’ Day. We will go back into session on Tuesday through Friday of next week. Don’t forget you can always watch us live by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx

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 or cell (404) 723-8989.

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

www.votejoshclark.com

 

Assistant: ReJenia.Ford@house.ga.gov

 

 

 “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: Issues,News Articles,Press Releases — Josh Clark @ 2:17 pm


2012 Legislative Recap: Week Five

Posted Sunday, February 12, 2012

On Monday, February 6th, we returned to the State Capitol to begin our fifth week of the 2012 session.  While we continued to work on legislation aimed at creating jobs and reducing bureaucratic red tape, we also took steps to increase safety for Georgia families and children.

One move towards a safer Georgia was passing House Bill 711, legislation that increases protection for victims of domestic abuse and sexual assault.  Supported by the Georgia Network to End Sexual Assault, the Georgia Coalition Against Domestic Violence, and the Georgia Commission on Family Violence, HB 711 provides confidential communication between victims and their advocates at domestic violence and sexual assault centers.  This measure ensures that information released in a victim’s treatment is not used against them in court.  HB 711 also makes it easier for victims to testify by exempting domestic abuse cases from spousal privilege.  This exemption will ensure that batterers cannot pressure their victims not to testify against them under spousal privilege.  Similar legislation to HB 711 has been passed in 43 other states, and the Georgia Commission on Family Violence, as well as other advocacy organizations supporting this bill, believes that it will enhance the ability of prosecutors to hold those guilty of domestic violence accountable.  Having received passage from the House, HB 711 will now go to the Senate for consideration.

I was proud to be asked by the Governor’s Floor Leader to co-sponsor and help promote through the House a great piece of jobs legislation for our district.  HB 868 would allow Gwinnett County to be more competitive at attracting jobs to our county by being able to offer more competitive job tax credits to companies that create new jobs. The need for this legislation became apparent through the Governor’s Competitiveness Initiative last year.

Each year the Department of Community Affairs ranks all 159 counties in Georgia based on certain economic factors and divides them into tiers as required by the Georgia Tax Credit Law (OCGA 48-7-40(b). This law allows for a statewide job tax credit against Georgia income taxes for any business engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries that create and maintain sufficient numbers of new full-time jobs.

On the surface, this looks good.  But it is hurting our district economically because we are designated a Tier 4 county, one of the most developed counties in Georgia.  This is nice for our self-esteem, but it does nothing for economic development.

In Tier 1 counties, which are recognized and designated as the 40 least developed counties, job tax credits are available to businesses of any nature, including retail businesses.  In Tier 1 counties, a business must create at least 5 new jobs to be eligible for a credit of $3,500 per job.

In Tier 4 counties such as Gwinnett County, the job creation requirement is 25 and the credit is only $750 per job. One of the fallacy’s of the current system is that it doesn’t take into account that companies wanting to be in a developed region with infrastructure or strategic assets such as a rail head or port aren’t going to locate in a more rural area. Instead, if the company in question cannot procure meaningful incentives in a Georgia community that offers the infrastructure or workforce they require, they are going to look to our neighboring states, not our neighboring counties.

If this bill passes the Tier 4 counties will receive a $2,000 tax credit rather than $750 per job and the job threshold to receive this credit would be reduced from 25 to 10 new jobs. Also, this bill lowers from 50 to 15 the threshold for the Quality Job Tax Credit.

I am sure that the Tier 1 and 2 counties feel strongly that the current system serves them well. There are currently 101 Tier 1 and Tier 2 counties that will possibly resist this effort, but we must remember that we aren’t so much competing against each other as we are against other states.

It appears that I will get a hearing this week on HB 670, the bill which creates a Constitutional Guardian Council to review, evaluate and respond to federal legislation that adversely impacts our state rights. For an update on HB 670 you can go to my facebook page and view a brief four minute video recently uploaded http://www.facebook.com/votejoshclark

The House goes back into session on Wednesday through Friday of this week. Don’t forget you can always watch us while in session by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx

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 or cell (404) 723-8989.

 

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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,News Articles,Press Releases — Josh Clark @ 9:25 pm


2012 Legislative Recap: Week Four

Posted Sunday, February 5, 2012

On Friday we finished the 14th day of our 40 day session. At this point it appears that we might be out by the end of March if we keep up this pace. The only constitutionally mandated task we have to complete is to pass the Amended Budget for Fiscal Year 2012 and the 2013 Budget.

This past week the House passed HB 741, the Amended Fiscal Year 2012 (AFY 2012) state budget. Now that it passed the House it goes over to the Senate for passage. After it clears the Senate a conference committee of House and Senate leadership will meet to hammer out any differences after which it will come back to the floor for a final vote.

Last year, Governor Deal estimated that the state would bring in approximately $18.3 billion for Fiscal Year 2012 (FY 2012).  We used that estimate during last year’s session to pass the FY 2012 budget, which directs state spending from July 1, 2011 through June 30, 2012.  Since then, we have seen modest economic growth resulting in a very slight uptick of about $102 million in state revenues.  To account for this change and help our state’s schools support additional students, this week we passed House Bill 741, the Amended Fiscal Year 2012 (AFY 2012) state budget.

Each year the amended budget takes into account the difference between the expected revenue used to create the fiscal year budget and a more accurate estimate obtained halfway through that fiscal year.  The amended budget also allows us to account for differences in the number of students we expected to be enrolled in kindergarten through 12th grade when we passed the budget last year and the number of students actually enrolled.  This year, the very slight economic growth, in conjunction some other very slight adjustments, constitute a 1.39 percent increase in state revenue, bringing the total AFY 2012 state budget to $18.5 billion.  Despite this positive sign of economic recovery, per capita spending in Georgia continues to be held at decade-old levels.

In keeping with the purpose of having an amended budget process to adjust for education needs, I am pleased to let you know that the biggest adjustments to our current state budget were made in K-12 education funding.  The AFY 2012 state budget includes an added $85.9 million for student growth and $7.7 million in supplemental grants for special charter schools.  The House proposed AFY 2012 budget also includes $6.4 million in stipends for all qualifying math and science teachers, including the 939 teachers who earned the stipend but have not received it for the past two years because of a computer coding error.

Other noteworthy investments in the AFY 2012 budget include restoring GBI agent positions and funding a fraud detection computer program for the Department of Revenue, which will actually show an immediate return on investment after this tax season. Additionally, the amended budget restores the 1/2 percent provider rate cut that was reflected in the original FY 2012 budget that we passed last year.

While we were able to partially restore some important programs in the AFY 2012 budget, state revenue growth is only increasing at a modest rate, so the budget remains austere.  State agencies are still working to do more with less.  In fact, the AFY 2012 budget cuts funding for state agencies by about $110 million.

For an update on HB 670 you can go to my facebook page and view a short four minute video I recorded on it this week. http://www.facebook.com/votejoshclark

This past week I filed HB 669 the Federal Receipts Reporting Bill. I have been working on this bill since early last year. HB 669 requires state agencies to develop contingency plans based on 5% and 25% cuts to their budgets. It also requires that each agency report the following: the aggregate amount of federal funds they received for the previous fiscal year, the aggregate amount of federal funds that were appropriated by the legislature to them (Note, surprisingly these aren’t necessarily the same) and percentage of their budget that was comprised of federal funds.

As our national debt continues to spiral out of control it is imperative that our state prepares itself for the eventual cuts that the feds will be forced to pass down to the states. As we all know last year our nation, for the first time ever, lost our AAA credit rating bond rating. Also, less recognized is the fact that on Monday, October 31 of last year our debt, for the first time ever in history, our national debt exceeded our country’s Gross Domestic Product. We hear a lot of talk about the state portion of our budget, but most people don’t realize that the federal portion of our budget exceeds the state portion. If we are to maintain our states AAA bond rating it’s only prudent that we are proactive at developing contingency plans in response to future federal cuts to our state agencies. You can read more about this bill by going to http://www.legis.ga.gov/Legislation/en-US/display/20112012/HB/669

Don’t forget to can always watch us while in session by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx 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.

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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,News Articles,Press Releases — Josh Clark @ 10:50 am


Local Legislator Requesting Input from Business Community

Posted Friday, February 3, 2012

 ATLANTA– State Representative Josh Clark (R-Buford) is seeking input from small businesses in Gwinnett County for a special initiative currently underway by the Georgia House of Representatives to review and evaluate Georgia’s current regulatory environment. This effort, called Red Tape Watch, will be carried out by the Special Committee on Small Business Development and Job Creation throughout the 2012 legislative session.

“I believe the work of this committee is exactly what we should be doing,” said Rep. Clark, a member of the Special Committee on Small Business Development and Job Creation.  “Rather than passing more onerous government mandates, we should be working to repeal unnecessary, and often burdensome, red tape that hinders small business growth and thereby prevents job creation.”

The Special Committee on Small Business Development and Job Creation, chaired by Rep.David Knight(R-Griffin), will meet periodically throughout the session to hear directly from small business owners. These hearings will allow small business owners and operators an opportunity to discuss ways the state can streamline the government bureaucracy that impedes their ability to do business efficiently.

The committee would like to hear from as many industries as possible in order to create a comprehensive list of areas in need of regulation reform.  Once this list is complied, the committee will begin work on reducing burdensome regulations, easing compliance, and ensuringGeorgiasmall businesses are no longer hindered by outdated and oppressive state regulations.

Small business owners that would like to participate in this process, including those who cannot attend a hearing, can voice their concerns at www.house.ga.gov/redtapewatch.

National studies show that small employers consistently rank government requirements and red tape as the second-most significant problem facing their businesses.  This is often because the cost of compliance ties up the limited resources most small business have to operate.  Because small businesses account for over 70% of our nations job growth, the study also shows that over regulating small businesses is hindering our economic recovery.

The Special Committee on Small Business Development and Job Creation was created by House SpeakerDavid Ralston(R-Blue Ridge) in January 2010 to solely focus on sustaining and growing small businesses inGeorgiaand thereby creating job opportunities for Georgians.

The next meeting of the Special Committee on Small Business Development and Job Creation will be held Wednesday, February 8, 2012 at 2:00 PM in room 406 of theCoverdellLegislativeOfficeBuilding.

Representative Josh Clark represents the citizens of District 98, which includes portions of Gwinnett County. He was elected into the House of Representatives in 2010, and currently serves on the Children & Youth, Health & Human Services, and the Small Business Development and Creation committees


Filed under: Campaign News,News Articles,Press Releases — Josh Clark @ 5:22 pm


Legislative Recap: Week Three

Posted Saturday, January 28, 2012

We returned to the House chamber on Monday, January 23, to begin our third legislative week of the 2012 session.   During the 2nd week we were in recess as appropriation committees heard from leaders of our state agencies and worked on the budget.  This week we were in session Monday through Thursday and found ourselves quite busy between session in the morning and committee meetings in the afternoon.

One of the highlights of this past week was the Speaker challenging the House Special Committee on Small Business Development and Job Creation, which I serve on, to undertake serious regulation reform in order to help spur our state economy and create jobs for Georgians.  The initiative, called “Red Tape Watch,” charges the House Special Committee on Small Business Development and Job Creation to spend this legislative session reviewing and evaluating Georgia’s current regulatory environment. To do this, the special committee will meet regularly throughout the 2012 legislative session to hear directly from small business owners about burdensome or onerous state regulations that unnecessarily hinder economic development, business growth, and job creation in Georgia.  These meetings will allow us to identify opportunities to further shrink the size of our state government and thereby help create an economic environment that fosters job creation and is conducive to the growth of strong small businesses throughout the state.

You should know that the idea for Red Tape Watch came directly from individual Georgians, like you, voicing their concerns about bureaucratic regulations and time-consuming red tape that directly interfere with their everyday operations. I believe the work of this committee is exactly what we should be doing more of. Rather than passing more legislation we should be working to undo needless and often burdensome legislation.

Yesterday I received a call from the Speaker’s office asking that in addition to serving on the committee I also help locate businesses that need to be heard from. Please help me get the word out to everyone and invite anyone who has been burdened by oppressive and outdated state regulations to please visit www.house.ga.gov/redtapewatch and make your experiences known.  In addition to filling out the form online please copy and paste the content into an email and send it to me so that I can get you scheduled to speak before our committee. With your help, we can make it easier for small businesses in our community to thrive and hire new employees by removing burdensome regulation.

In addition to our efforts to cut red tape, we also gained insight into our state’s court systems when State Supreme Court Chief Justice Carol Hunstein delivered her State of the Judiciary Address, which primarily focused on the recommendations of the Special Council on Criminal Justice Reform.

The special council was a joint effort by Chief Justice Hunstein, Gov. Deal, Speaker Ralston, Lt. Gov. Cagle, Representative Jay Neal, and others to develop a more cost effective corrections system in Georgia.  After concluding an in-depth review of our state’s current justice system and those of other states, the council published a report of its findings.  According to the report, non-violent drug and property offenders represent almost 60 percent of prison admissions.  With each prisoner costing taxpayers $49 a day, it is no surprise that Georgia spends one billion dollars a year on our corrections system.  Instead of sending these low-risk, non-violent, first offenders to an expensive prison, where they often learn to become hardened criminals, the council’s report recommends cost effective alternatives, like community treatment at a Day Reporting Center for $16 a day or probation supervision for $1.50 a day.

The strategies recommended by Chief Justice Hunstein and the Special Council on Criminal Justice Reform have been proven to save taxpayers’ dollars and decrease crime in other states.  Last year I had the privilege of attending a workshop by Rep. Jerry Madden who led successful criminal justice reform in Texas and has been credited with spurring reform across the country. Through his leadership Texas avoided the need for two billion dollars in new prison construction and is actually closing a prison down, after making an investment in diversion and treatment centers.  More importantly, after introducing these prison-alternatives, Texas saw its lowest crime rate in 37 years.

This week I am hoping that HB 670 will be heard in committee. This is the bill I filed that would create a Constitutional Guardian Council to review, evaluate and respond to federal legislation that adversely impacts our state rights. To learn more about it to go my blog and look under Legislative Update: Week One.

This week, we passed an adjournment resolution that sets a preliminary legislative schedule for most of this year’s 40 day session.  For this schedule, please visit our website at www.house.ga.gov and click on the Adjournment Resolution link. Don’t forget to can always watch us while in session by going to http://www.legis.ga.gov/Streaming/en-US/Both.aspx

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.

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

www.votejoshclark.com

Assistant: ReJenia.Ford@house.ga.gov

 “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: Issues,News Articles,Press Releases — Josh Clark @ 7:11 pm


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