April 23, 2010
The Senate voted Wednesday to approve a $17.8 billion annual state budget for fiscal year 2011, which begins July 1.
The plan is now in the hands of a conference committee, which will reconcile differences between the Senate budget and the version approved by the House of Representatives. The budget is typically one of the last pieces of legislation to be finalized on the 40th day of the legislative session.
The Senate's version of HB 948 restores $25 million in bonds for water and sewer projects across the state and nearly $900,000 in funding for the Georgia Arts Council, which had been cut by the House. The plan also includes $790 million in new budget cuts identified by the Senate Appropriations Committee.
Because of the economy and declining state revenues, the state budget has been reduced by approximately $3.4 billion over the past two years. To help balance the 2011 budget, lawmakers are relying on an additional $250 million in revenues from a 1.45 percent hospital tax and increases in more than 80 state licensing, registration and user fees.
On Tuesday, the Senate gave final approval to the supplemental budget for the remainder of the current fiscal year, which ends June 30. HB 947, the amended version of the FY 2010 budget, reduces overall spending by $1.5 billion from the budget's original form passed last year. The House put its final stamp on the supplemental budget Wednesday, sending it to the governor for his signature.
Transportation Funding: After three years of trying to reach agreement on a solution to the state's transportation funding problems, a majority of the House of Representatives and the Senate gave final approval April 21 to HB 277, which is better than nothing, but not much. Under the legislation, Georgia will be divided into 12 regions, each of which will hold a referendum in 2012 for a special 1 percent sales tax to be used for transportation improvements within that region. Individual counties cannot opt out of the funding plan, but a "roundtable" of local elected officials can decide not to hold a tax referendum in their regions, whose boundaries mirror those of Georgia's regional commissions. Chattahoochee and Muscogee counties are in the River Valley region, along with 14 other counties. I voted against the legislation because it fails to meet the state's immediate needs for transportation funding. Putting these votes off until 2012 means it will be at least 2013 before any revenue comes in from the special sales tax to fund the transportation improvements needed in our area. Holding the referendums during the 2010 election cycle would have been preferable. HB 277 now goes to the governor for his signature.
Ethics Legislation: The Senate and House also sent new ethics legislation to the governor's desk for his signature on Wednesday. SB 17 doubles the fines for late reporting and other violations of campaign disclosure rules, demands more timely reporting of expenditures by lobbyists and makes sexual harassment by legislators a punishable offense. An amendment also brings the members of the State Transportation Board under ethics law provisions regarding personal financial disclosure and lobbyist spending. A downside to SB 17 is that it would require a citizen filing a complaint to pay the official's attorney fees if the Ethics Commission determines the complaint is frivolous. That could cost Georgia residents tens of thousands of dollars in legal fees and deter citizens from filing complaints.
Other Senate Action: The Senate approved a number of other legislative measures this week, including the following:
SB 374, which would establish a legislative oversight committee to monitor the state's economic development activities. The Senate approved of House amendments to the measure, sending it to the governor.
HB 571, which would correct certain provisions of the state's sex offender law that have been found to be unconstitutional and clarify the law to prohibit all sex between students and teachers, even if the student is of age and consents.
HB 788, which would prohibit the use of gas chambers to euthanize cats and dogs, requiring lethal injections instead.
HB 1016, which would change the definition of identity fraud to apply to businesses as well as individuals.
HB 1198, which would eliminate a $26- to-$52 tax credit for low-income Georgians. I voted against this legislation. While the state continues to award tax breaks in the hundreds of millions of dollars to corporate interests, I cannot support taking away a modest tax break from those who need the help the most.
HB 1405, which would create a "tax reform council" to review and recommend changes to the state's tax code. The recommendations would go straight to the Senate and House for an up-or-down vote, without being reviewed by legislative committees. I voted against this legislation because these are issues that should be debated thoroughly by the elected representatives of the citizens, rather than a hand-picked council.
April 16, 2010
Legislation I introduced was approved unanimously by both the Senate and House of Representatives and will become law if signed by the Governor.
SB 355, addresses the issue of who has the right to handle the disposition of the body of a deceased U.S. service member. I proposed this bill as a result of several stories from families who were plagued by the decision of who would handle their deceased loved one's body. Kept in the U.S. Department of Defense Record of Emergency Data, DD Form 93 allows the service member to designate an authorized person to handle their body in the event of death. My legislation would ensure this form is utilized in Georgia, ending any disputes over the matter. SB 355 was approved unanimously in the Senate 52-0 on Feb. 18 and by the House 169-0 on April 14.
Separate legislation that I introduced, SB 498, which would end the sales of synthetic marijuana in Georgia, is under consideration by the House Judiciary Non-Civil Committee. Recently, sale of synthetic marijuana also known as K2 or spice, have ballooned across the state. This bill would make the sale of these substances illegal, and add them to Schedule 1 on Georgia's controlled substance list. I was inspired to create the legislation after Atlanta area teens were hospitalized as a result of using the drug.
Georgia citizens need to be protected from products that may cause irreversible harm to their bodies. Teens assume these drugs are harmless because they are so easily accessible. These drugs, however, are so dangerous they are sending our young people to the emergency room.
Additional substances on Schedule 1 of Georgia's controlled substance list include heroin and meth. Use or sale of these substances carry the most severe penalties and are highly addictive. Synthetic marijuana is ten times stronger than marijuana, and cannot be detected by drug testing.
These drugs are not harmless recreational substances, but actually potent concoctions of harmful materials that can cause a variety of problems. The manufactures for these products do not put the ingredients on packaging, and do not have to follow any type of regulated standards. We need to act now before we have an epidemic of people addicted to these substances.
SB 498 received unanimous approval in the Senate on March 24.
March 25, 2010
On Wednesday, the Senate unanimously approved legislation I introduced, addressing the growing problems associated with the sale of synthetic cannabinoids, also known as "synthetic marijuana" or "K2," in Georgia.
SB 498 would add these products, which are marketed as herbs or incense but at least as dangerous as the drugs they resemble, to the Schedule I controlled substances list, prohibiting their sale or possession in our state. The legislation now goes to the House of Representatives for its consideration.
In the past week, the Senate approved several legislative measures and sent them to the House of Representatives for its consideration, including:
SB 299, which would overhaul the "zero tolerance" policies and give principals and school systems more discretion in how they handle disciplinary cases.
SB 321, which would enable private developers to build reservoirs.
SB 360, which would make texting while driving illegal and impose a $150 fine.
SB 364, which would increase enforcement and penalties on criminal offenses occurring at massage parlors and spas.
SB 397, which would create a statewide "Blue Alert" system to help track down criminals who have killed or assaulted a law enforcement officer.
SB 427, which would establish the Georgia Foundation for Public Education, which would solicit and accept financial contribution to support educational excellence in Georgia schools.
SR 821, which would amend the Constitution to give the Department of Transportation legal authority to sign multi-year contracts for highway construction projects.
State of the Judiciary: Chief Justice Carol Hunstein of the Supreme Court of Georgia addressed a joint legislative session on March 16, reminding lawmakers of the serious consequences that deep funding cuts in the court system are having on public safety and business in our state. The chief justice said judicial budget cuts have contributed to a considerable backlog of criminal and civil cases in Superior Courts around the state. She quoted the Wall Street Journal as recently reporting, "The wheels of justice in Georgia are grinding more slowly each day."
March 15, 2010
Click here for a special video message from Sen. Ed Harbison on his legislation SB 498 to outlaw the sale of K2 synthetic marijuana and SB 313 to require all grand jury witnesses to testify under oath, which passed the Senate unanimously on March 8.
March 12, 2010
In a threatening move toward Georgia's financially struggling hospitals, Gov. Sonny Perdue announced Thursday his plan to cut Medicaid reimbursement rates by 10.25 percent and eliminate a sales tax exemption for non-profit hospitals. These actions will cost hospitals a total of $274 million during fiscal year 2011.
It is unfortunate that the governor would consider a proposal so damaging to our health care system without first supporting a concept that would bring in hundreds of millions of dollars in additional revenue - without raising taxes. A number of Georgia cities participated in a pilot program for the local collection of sales taxes and showed the state was failing to collect sales tax revenue that consumers were paying but was going unreported.
The state is losing up to $1 billion per year because the Department of Revenue in this administration has been unsuccessful in cracking down on sales tax cheating. Legislation that would authorize local governments to collect sales taxes and help make up for these losses has been stuck in committee since last year because of partisanship by the Republican majority.
The governor's new plan to slash Medicaid reimbursements and charge a sales tax on non-profit hospitals is apparently an angry response to the health care community's strong opposition to his previous proposal to impose a 1.6 percent tax increase on all hospitals. This proposal will likely draw similar opposition because of the devastating effect it would have on health care facilities across the state, including many hospitals already on the verge of financial collapse.
Also Thursday, the governor announced he is shifting $342 million in federal stimulus funding from the FY 2011 budget to the current year's budget, in the wake of February's revenue report that showed a 9.9 percent decline from the previous year. Georgia's tax collections have now fallen for 15 consecutive months.
Property Tax Reform: There was some good news for taxpayers in the Senate this week. SB 346, a property tax reform measure that would assure that all property owners receive an annual tax assessment notice, was approved unanimously Thursday. Taxpayers would also receive information on when to file an appeal and have 45 days to do so. SB 346 now goes to the House of Representatives for its consideration.
Water Conservation: Legislation calling for increased water conservation measures cleared the Senate unanimously Wednesday. SB 370 would establish new rules for public water systems, stronger efforts to plug leaks and new standards to require high-efficiency plumbing fixtures. The measure is intended to help Georgia resolve its water dispute with Florida and Alabama, in response to a federal judge's ruling that threatens the cutoff of water withdrawals for metro Atlanta from Lake Lanier. However, the proposal does not address the controversial issue of inter-basin transfers, which threatens the water supply in communities up and down the Savannah River. The House passed similar legislation the same day.
Paperwork Reduction: On Thursday, the Senate voted unanimously in favor of legislation that mandates the electronic distribution and publication of state government reports, unless printing is legally required. The sponsor of SB 388 said this measure helps create a culture of efficiency and cost savings within state government, which is necessitated by the economic recession. The bill is now under consideration in the House.
Fee Assessments: The Senate voted Monday to approve legislation that would assess the current level of fees charged by state agencies and commissions and determine which ones should be adjusted. SB 381, which now goes to the House for its consideration, would require the governor's Office of Planning and Budget to prepare a comprehensive report on the fees that are assessed and collected by the state, along with the amount of revenues raised by each fee. Some of the fees charged for state services have not been raised or lowered since 1955.
First Aid Training: On Monday, the Senate passed SB 298, which would make first aid a standard part of secondary health education, alongside health, drug prevention and sex education. The measure is aimed at creating a generation of Georgians with basic first aid skills. The House will now consider the proposal.
March 5, 2010
The Appropriations Committees of the Senate and House of Representatives just completed two weeks of hearings on the annual state budget for fiscal year 2011, for the purpose of considering more cuts to the $18.2 billion spending plan proposed by Gov. Sonny Perdue.
The governor is forecasting a 4.2 percent growth in revenue for next year, despite the fact that state tax collections have declined for 14 consecutive months and are now down by 13 percent through the first seven months of fiscal year 2010. It has been estimated that the amended budget for this year will have to be cut by at least another $200 million, and the 2011 budget is facing an overall shortfall of at least $1.5 billion.
Legislative budget writers are considering drastic actions in order to balance the budget. More personnel cuts will probably be necessary. Department heads are being asked for lists of employees who are fully vested in state pension benefits and could be encouraged to retire early.
The most controversial budget proposal is a recommendation to slash another $300 million from Georgia's public colleges and universities. Having already cut $380 million from the University System budget since 2008, further deep reductions would be painful for college students, faculty and staff and the state's economy.
Under the proposal, Columbus State University would lose $6.1 million in funding and 44 staff positions. Course offerings would be reduced by 240 sections, affecting 6,000 students. Statewide, a 35 percent student tuition increase is on the table, and elimination of the Georgia 4-H program has been suggested.
These proposals have resulted in a public outcry that is expected to increase as long as these catastrophic cuts to higher education are considered. Our University System has made great strides over the past 20 years in expanding opportunities for students all over the state to get a college education. No one I know wishes to see that progress reversed.
'Zero Tolerance' Reform: The Senate Education & Youth Committee has approved legislation aimed at bringing common sense to Georgia's so-called "zero tolerance" school disciplinary laws, which were intended to crack down on serious charges of having weapons in school but have too often resulted in students being criminalized for minor and insignificant infractions. SB 299 would prevent the immediate jailing of a student without a hearing and give judges more discretion into how they handle cases. The legislation, along with SB 332, which would require schools to include on their annual discipline reports the number of zero tolerance cases, will now be considered by the full Senate.
Property Tax Revisions: The Senate Finance Committee has approved SB 346, which would revise and streamline the procedures for appealing property tax valuations. This measure would standardize the process by which property owners can appeal the value assigned by tax assessors to their property and would require counties to mail valuation notices to property owners every year, along with information on how they can file an appeal. SB 346 now awaits a vote on the Senate floor.
Sen. Ed Harbison, Sen. Seth Harp, Rep. Calvin Smyre, Rep. Carolyn Hugley, Rep. Debbie Buckner, Rep. Richard Smith and Rep. Kip Smith will discuss and answer your questions on the 2010 Legislative Session during a Town Hall Meeting on Saturday, February 27. The meeting will be from 10 to 11 a.m. at the Columbus Public Library, 3000 Macon Road, Columbus, GA 31906.
February 25, 2010
The Georgia Senate voted Feb. 18 to approve a $17.4 billion amended state budget for the remainder of fiscal year 2010, which ends June 30. The revised budget is reduced by $1.2 billion from the original budget for this year and reflects a 23 percent decline in state revenues over the past two years.
The Senate version of HB 947 rejects an attempt by Gov. Sonny Perdue to take $33 million in lottery revenues out of the HOPE Scholarship program to pay for other scholarships currently funded by general revenues and restores $17.4 million in state equalization grants to low-wealth school districts, which the governor had proposed to eliminate.
The Senate also added $1.8 million to the Department of Revenue budget for the hiring of more employees to process income tax returns and avoid repeating last year's severe delays in refunds to taxpayers and delays until next year the payment of $14 million to private "disproportionate share" hospitals to compensate them for medical treatment of indigent patients.
Unfortunately, HB 947 cuts another $281 million in Quality Basic Education funding to local school systems, bringing the total school cuts under the Perdue administration to almost $2.5 billion. These cuts short-change our public school students and force property owners to make up the difference in higher local school taxes. The budget also forces teachers and other state employees to take three additional unpaid furlough days between now and June 30.
HB 947 now goes to a conference committee to resolve differences in the Senate and House of Representatives versions of the budget.
Long Adjournment: Immediately after adopting the 2010 supplemental budget, the Senate voted 35-17 to take an 18-day recess for the stated purpose of allowing Appropriations Committee members to give undivided attention to the fiscal year 2011 budget. Continued declines in revenues have lawmakers genuinely concerned over Gov. Perdue's rosy forecast of a 4.2 percent budget increase for next year. I voted against the adjournment resolution because, in addition to the budget, the state has major problems to be addressed. The legislature should remain in session and work overtime on a daily basis, if necessary, to do the people's business. But a majority went along with the proposal, and the full Senate and House are now in official recess until March 8.
Economic Development: Legislation that would create an economic development council of state lawmakers to evaluate all state-funded activities that support Georgia's economic development strategy received unanimous approval in the Senate. SB 374 would establish a council of Senators and House members for the purpose of reviewing current goals, tax exemptions and credits, as well as activities and expenditures of the Department of Economic Development. The bill is now under consideration in the House.
Kidney Patients: The Senate voted unanimously to approve legislation that would allow persons who are under age 65 but eligible for Medicare because of disability or end-stage kidney disease to purchase Medicare supplemental health insurance. SB 316 is primarily intended to help kidney patients pay expenses for dialysis treatments. It would also save the state $20 million over five years. SB 316 now goes to the House for its consideration.
February 13, 2010
Click here for a special video message from Sen. Ed Harbison.
February 12, 2010
Legislation I introduced, addressing the issue of who has the right to handle the disposition of the body of a deceased U.S. service member, was unanimously approved by the Senate Veterans, Military and Homeland Security Committee on Feb. 10.
I proposed SB 355 as a result of several stories from families who were plagued by the decision of who would handle their deceased loved one's body. Kept in the U.S. Department of Defense Record of Emergency Data, DD Form 93 allows the service member to designate an authorized person to handle their body in the event of death. My legislation would ensure this form is utilized in Georgia, ending any disputes over the matter. SB 355 now awaits consideration by the full Senate.
This week, I also co-sponsored legislation that would provide much-needed assistance to U.S. military veterans who want to attend one of Georgia's public colleges or universities. SB 405 would allow veterans who have enrolled but have not received their G.I. Bill money to attend classes until that assistance arrives from the Veterans Administration.
Currently, service members returning from active duty in Iraq or Afghanistan are unable to remain in a University System institution while awaiting their financial aid to arrive. Some have been kicked out of school, dropped from classes or assessed fines. This is no way to treat the troops who have put their lives on the line for our country. Our legislation would provide a grace period for these veterans to get their finances in order without delaying their pursuit of a college degree.
Board of Regents officials have expressed support for SB 405. A separate measure, SB 404, would excuse veterans from taking certain classes that they may have taken in the military. Both bills were referred to the Senate Higher Education Committee for its consideration.
Real Estate Loans: The Senate voted unanimously to give final approval to HB 926, which would make it easier for business owners to renew real estate loans with their local bank. State-chartered banks are currently barred from renewing loans to borrowers who owe an amount equal to at least 15 percent of a banks available funds. This measure would eliminate that restriction, allowing these companies to stay in business. The governor signed the bill into law on Thursday.
Revenues Fall Again: For the 14th consecutive month, state revenues declined in January. The 8.7 percent drop from the same month a year ago brings the total revenue shortfall for the first seven months of fiscal year 2010 to $1.28 billion, a decline of 12.9 percent from the previous year. Income tax collections were off 16 percent in January, while sales tax collections were down 5.5 percent. Corporate income tax collections actually experienced a huge 634 percent gain, but that is the smallest portion of revenue and was not enough to offset the other losses.
Communications Deregulation: The Senate approved an amended version legislation that would remove most remaining regulations on the telecommunications industry in Georgia. HB 168 would lower access charges, which are still fixed at 1995 rates, to current market rates. The measure goes back to the House of Representatives for final consideration.
Paperwork Reduction: Legislation has been introduced that is intended to cut government spending by reducing its paperwork. SB 388 was recommended by a task force of business leaders appointed by Lt. Gov. Casey Cagle to suggest ways the Legislature could cut spending in the current state budget. The measure would require state agencies to publish information in an electronic format rather than printing it as a paper document, except in cases where current law requires a printed format. The Senate State & Local Government Operations Committee will consider the proposal.
Ethics Legislation: SB 394, introduced this week, would prohibit anyone who has had an ethics fine levied against them in the past 10 years from serving on the State Ethics Commission. The measure is intended to increase public trust in the Ethics Commission. The Senate Ethics Committee has the bill under consideration.
District 15
Email: ed.harbison@senate.ga.gov
Senator Ed Harbison — Georgia Senate District 15
Capitol
432 State Capitol
Atlanta, GA 30334
Phone: 404.656.0074
Fax: 404.463.5547
P.O. Box 1292
Columbus, GA 31902
Phone: 706.610.7120
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