It is an honor to serve you in our state legislature. I hope you find this newsletter informative and enlightening, and I encourage you to share it with your friends and neighbors. I welcome any comments you may have about legislation or issues. Feel free to express you thoughts via email to barry@barryloudermilk.com.
JOBS ACT 2009 Passes Senate
The much publicized JOBS Act passed the State Senate, but not without significant changes. Fortunately, these changes restored provisions removed in the House Rules Committee.
The JOBS Act is designed to stimulate Georgia's economy by reducing business taxes and allowing tax credits for businesses that hire new employees.
The Senate restored the gradual reduction of the State Corporate Income tax which was removed before passing the House. Some feared that repealing the income tax would take too much out of the state coffers during the negative economy. Proponents believe that the way out of the negative economy is to reduce the tax burden on individuals and businesses so they will have more expendable income to reinvest into the economy.
This JOBS Act includes the following:
Tax credits to Georgia businesses for hiring persons who are currently receiving unemployment benefits in the state Additional $2,400 Income tax credit for each employee hired off of unemployment, and remains employed for at least 24 months Business start up fee "holiday" eliminating state fees for starting a new business Elimination of the state inventory tax on all Georgia businesses. Elimination of the sales tax deposit Gradual elimination of the business tax on Georgia-based corporations
The bill now heads back to the House to agree or disagree with the Senate changes. Due to the fact that the bill was structured, meaning it couldn't be amended on the House Floor, the House will most likely recommend sending it to a conference committee.
Homestead Tax Exemption Increase Fails In The House
Senate Bill 83, which passed the Senate 40 to 14, which would have increased the Homestead Exemption for Georgia property owners, failed to get the super-majority (120 votes) it needed to pass the House of Representatives.
This measure would have allowed the citizens to vote on whether or not to increase the Homestead Exemption from $1,000 to $2,000. The State Constitution requires that any change to any ad-valorem tax on property must be put before the people for a vote.
Opponents state that it would harm local governments and school systems by reducing local property taxes, which would result in less tax revenues. Proponents claim that it would save taxpayers money at a time when many are trying to hold on to their homes and need a reduction in taxes.
SB 83 would have provided about $1.03 million in tax savings to property owners in Bartow County and over $1.11 million for property owners in Floyd County.
Since this bill only received 109 of the 120 votes it needed to pass, it is dead for this session of the General Assembly.
Bill Allows Homeschoolers in Governor's Honors Program
Senate Bill 210, which has passed and now heads to the Governor for his signature, allows home educated students to participate in the Governor's Honors Program.
The Governor's Honors Program is a fully state-funded six week summer instructional program designed to provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available to them during the regular school year. Activities are designed to provide each participant with opportunities to acquire the skills, knowledge and attitudes to become independent, life-long learners.
Participation in the state Honors Program has been only open on a competitive basis to public and private school students. With the passage of SB 210, Homeschool students will be afforded the opportunity to apply on an equal basis with public and private school students.
Some Cities Not Complying with Red Light Camera Law
Last year I sponsored legislation designed to protect the citizens from violations of their right of due process by eliminating the use of red light cameras in the State of Georgia.
The use of red light cameras in Georgia has proliferated over the past several years bringing in millions of dollars iof revenue to local governments who operate them. During the debate over the legislation, it was revealed that, in some cases, local governments were reducing the duration of the yellow light to increase the number of citations, which in turn increased the amount of revenue from fines.
The final version of HB 77 put significant restrictions on the installation and operation of red light cameras. One requirement is that the timing of the yellow light must be set at no less than the federal minimum guidelines, plus one second. Federal guidelines are that minimum yellow light times are three to six seconds. The intention of the law is that the minimum time of the yellow light in any intersection with a red light camera should not be less than four seconds.
As I earlier reported, since several cities have complied with this law, there has been a significant reduction in citations issued. Some cities have even elected to cease operating the red light cameras due to a drop in revenue.
Unfortunately, some cities have refused to comply with state law and have not increased their yellow light times. I have introduced legislation that will establish a House Study Committee to address local governments who are not in compliance with state law. This bill will be before the House next week for a vote.
Crossover and Sine Die - Critical Days in the Legislature
Two of the most critical days during the legislative session is "Crossover Day" and "Sine Die". Both of these days are deadlines to get bills passed or they die for that legislative session. Crossover day is the last day that a bill can pass out of the House and still be heard in the Senate, or vice versa. Crossover Day is always the 30th legislative day in any session. Crossover day is usually one of the two longest days of debate on the House floor, and in some cases has even gone into the next day. Since I have been in the legislature, I have experienced one Crossover Day when the House convened at 9:00am and continued through until 2:00am the next day. This year, Crossover Day lasted almost fourteen hours and nearly 70 bills were debated. The last day of the session is commonly known as "Sine Die," which is Latin for "without a day." For the other 39 days of the legislative session, the House adjourns every day with a definite planned day to return; however, on the last day we adjourn "Sine Die," without a day (to return). Sine Die is the other "marathon" day of the legislature but according to the State Constitution, we have to adjourn by midnight, so there is generally a rush up to the last minute to get final passage on legislation. Both days are critical because of the amount of legislation that is heard. It is impossible for an individual to read every word of every bill, so there are often small provisions buried in the language of a bill that may have a huge impact. I am part of an ad-hock group of legislators who choose to split up the legislation for review and report back to each other our understanding of each bill. This can be very beneficial on these critical days.
SB 239 Could Mean Jail Time for Parents A bill that recently slipped through the state senate would revise the state's truancy code to include up to 30 days jail time for parents who violate these new laws. It further expands the reach of the local school systems into the schedule of home and private schools. Proposed as an attempt to address high truancy rates in a couple of counties in Georgia, this statewide bill requires that parents must enroll their children in school within 10 days of their children reaching the compulsory attendance age or moving into the school district. It further requires that law enforcement and the school system must investigate all reports made by any person of a perceived violation of this law. As a result of this law, any neighbor, relative, store clerk, waitress or any person who observes a child during the school day or suspects that a parent may be in violation of this law, may report the potential truancy to local law enforcement, and it must be investigated. It further requires that any violation of this law must be prosecuted as a misdemeanor, and the parent may be fined and imprisoned for up to 30 days. This is a very dangerous bill, as it strips away the rights of parents, especially those whose children are in private or home schools where their schedule may differ from that of the local public school. Also, parents who aren't aware of the 10-day enrollment requirement and move into the district could be convicted of a misdemeanor with jail time simply for not reporting to the local school system within the time frame. Representatives David Casas (R-Lilburn) and Ed Setzler (R-Acworth), both members of the House Education Committee, realized the effects of this bill and successfully removed some of the most egregious provisions; however, parents could still face jail time for any violation of these new truancy laws. The bill is currently in the House Rules committee awaiting approval to come to the House Floor for a vote.
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