Last year, I was honored to have been elected unanimously as Senate Minority Leader by my fellow members of the Senate Democratic Caucus. I take the responsibilities of this leadership position very seriously and can assure you that Senate Democrats will continue to fight the good fight for the people of Georgia on all legislative issues.

Having failed to agree on legislation that would have dramatically changed Georgia’s tax code last year, the Republican majority leadership is expected to try again during the 2012 session of the Georgia General Assembly. Proposed changes include large tax breaks for corporations and tax increases on Georgia families in the form of reinstating the 4 percent state sales tax on food. Taxes will be a hotly debated issue again this year.

Other issues expected to be at the top of the agenda include:

Transportation: As the result of legislation that was passed in 2010, Georgia voters are scheduled to go to the polls during this year’s July 31 primary and decide whether to approve a one-cent sales tax, proceeds from which would be used to fund transportation improvements on a regional basis in the counties of each region where the tax referendum is approved. A proposal has been made to change the election date for the regional sales tax (T-SPLOST) vote from July to the November general election, when voter turnout is historically higher. The proposal failed to reach a vote during the General Assembly’s special session last August but is expected to be brought up again during the 2012 session. If approved, the tax would bring in $6.1 billion to the metro Atlanta region over the next 10 years.

Criminal Justice: A special council has recommended an increased use of probation and flexibility in sentencing for non-violent offenders to reduce the financial and human costs of Georgia’s overcrowded prisons. It is estimated that Georgia currently spends more than $1 billion a year and has the fourth-highest incarceration rate in the nation. Among the proposals recommended by the council include allowing judges to depart from mandatory minimum sentences in certain circumstances, expanding the use of Drug, DUI and Mental Health Courts and changing many traffic offenses from misdemeanors to violations. Gov. Nathan Deal is supportive of the proposals, and legislative leaders have said criminal justice reform will be a priority issue during the upcoming session.

Requirements for Assistance: Legislation has been introduced to require drug testing for those receiving Temporary Assistance for Needy Families (TANF) benefits. A separate proposal would require those receiving unemployment benefits to complete 24 hours of community service each week.

Other Issues: Lawmakers will consider recommendations on revising the state funding formula for local public school systems, which has been cut by billions of dollars over the past nine years. Separate bills have also been proposed that would authorize counties to hold non-partisan elections for local offices (sheriff, tax commissioner, clerk of court, coroner, county commissioner, school board, etc.); allow persons to carry concealed firearms in public without having to obtain a gun permit; and remove the statute of limitations on prosecuting persons for child molestation or rape.

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On June 20, I was honored to have been elected unanimously as Senate Minority Leader by my fellow members of the Senate Democratic Caucus. I take the responsibilities of this leadership position very seriously and can assure you that Senate Democrats will continue to fight the good fight for the people of Georgia on all legislative issues. Click here to read my latest legislative newsletter.

The 2011 legislative session of the Georgia General Assembly convened on January 10, coinciding with the inauguration of new Governor Nathan Deal and other constitutional officers. Between then and final adjournment April 14, economic issues – as expected –dominated the agenda at the Capitol. Major changes were also made to the HOPE Scholarship program, a controversial immigration enforcement law was passed and cities and counties were authorized to let their citizens vote on Sunday alcohol sales.

State Budget: An $18.3 billion state budget plan was approved for fiscal year 2012, which begins July 1. HB 78 reduces Medicaid reimbursement rates for physicians by 0.5 percent and incorporates a 20 percent increase in health insurance premiums for educators and other state employees in response to a $273 million deficit in the State Health Benefits Plan.  The Governor signed the budget into law but exercised his line-item veto authority on 11 University System and technical college construction projects. Lawmakers also agreed on HB 77, the midyear adjustment to the $18 billion state budget for fiscal year 2011, which ends June 30. The budget amendment reflects an overall reduction of about $300 million in state spending.

Zero-Based Budgeting Fails: The House and Senate approved different versions of legislation that would implement a “zero-based” method of drafting the annual state budget but could not reach agreement before the end of the session. SB 33 would change the current budgeting process, under which more than 90 percent of the expenditures are rolled over automatically from year to year into a “continuation” budget. Zero-based budgeting would require that all appropriations be examined by legislative budget writers over a four-year period. The House had approved similar legislation earlier in the session. SB 33 will be pending when the 2012 session convenes. Also failing to pass was SR 20, a proposed constitutional amendment that would limit future budget increases based on inflation and population growth.

Tax Reform Fails: Legislation that would have implemented only a few of the recommendations submitted by a special tax reform council appointed last year failed to reach either the House of Representatives or Senate floor for a vote before the end of the session. HB 388 is being held over for further analysis before the 2012 session to determine whether the bill would actually be a tax increase or a tax decrease for most Georgians, as well as its impact on overall revenues. In the version of the measure that came out of the Special Joint Committee on Georgia Revenue Structure, the state income tax rate would have been reduced from 6 percent to 4.6 percent in fiscal year 2012 and to 4.55 percent in fiscal year 2013. Sales tax would have been exempted on the energy costs of manufacturing firms, but new taxes would have been imposed on auto repair service, person-to-person vehicle and boat sales and telecommunications services, including satellite TV subscriptions.

Sales Tax Exemptions: Agreement was reached on two sales tax exemptions for the air travel industry. HB 234 renews a sales tax exemption on the purchase of aircraft parts for Savannah-based Gulfstream Aerospace and Columbus-based Pratt & Whitney. That bill was amended to also allow developers of amusement parks, resorts and other tourism destinations to recoup 25 percent of construction costs out of the sales taxes generated by the tourist attraction. HB 322 extends for two years a sales tax exemption on the purchase of jet fuel for Atlanta-based Delta Airlines.

HOPE Scholarship Changes: The Governor signed into law changes to the HOPE Scholarship program to help offset its financial deficit caused by college tuition increasing faster than Lottery revenues. Most HOPE recipients will see their benefits reduced to 90 percent of their tuition costs under HB 326. That percentage will increase or decrease in future years based on the rise or fall of Lottery proceeds. Students who come out of high school with a 3.7 grade point average (GPA) and at least a 1,200 Scholastic Aptitude Test score and are able to maintain a 3.3 GPA in college will retain a full HOPE Scholarship for tuition. Other changes include a low-interest loan program for students who need more financial aid, reduced sales commissions for Lottery retailers and limits on salary bonuses for Lottery employees and the extension of full HOPE Scholarships for the top two graduates from each high school in the state.

Full-day Pre-K: Responding to the voices of educators, parents and lawmakers from across the state, Gov. Deal reversed course on his proposal to reduce the instruction day for Georgia’s pre-kindergarten program from 6.5 hours to 4 hours. His new proposal, which became part of the 2012 state budget bill, restores the full-day program and instead shortens the Pre-K year from 180 days to 160. He also cut back on his original proposal to add 5,000 slots to Pre-K enrollment, instead recommending 2,000 new slots.

K-12 Education: HB 192, which creates a study committee to review the funding of public education in Georgia, was approved. Failing to pass were SB 184, which would require local school boards to consider teacher performance rather than experience when making decisions to lay off educators; and SB 87, which would have expanded the use of taxpayer funds for private school vouchers.

Immigration Issues: HB 87 requires all businesses with at least 10 employees to use the federal government’s E-Verify system to determine the work eligibility of all new hires. Similar to an Arizona law enacted last year, local and state police will be empowered to detain people while their immigration status is checked. The bill also increases the penalty for using fake identification to get a job to 15 years in prison and up to $250,000 in fines. People who, while committing another offense, knowingly transport, harbor or encourage illegal immigrants to come to Georgia could face 12 months in prison and a $1,000 fine. Opponents said enactment of HB 87 will lead to more ethnic profiling of legal citizens, impose an unfunded mandate on local law enforcement agencies, bog down many small businesses with red tape and hurt Georgia’s economy, especially the agriculture and tourism industries. Failing to pass were HB 59, which would prohibit illegal immigrants from attending Georgia’s public colleges and universities; HB 72, which would require Georgia driver’s license examinations to be administered only in English; and SB 162, which would make driving under the influence a felony offense if the driver is an illegal immigrant.

Sunday Sales: Majorities in both houses approved legislation that authorizes the Sunday package sale of alcoholic beverages in communities where voters approve such sales in a referendum. Under SB 10, referendums on Sunday package sales of beer, wine or liquor can be held in cities and counties where those products are legally sold the rest of the week. Under the bill, Sunday sales are limited to the hours of 12:30 to 11:30 p.m. County commissioners or city council members in each community will have to take action to call for the referendum, the date for which would be set by the Election Superintendent in accordance with current law.

Health Care: Lawmakers voted to authorize insurers to sell health insurance policies in Georgia that have been approved in other states by passing HB 47. Also passing were HB 117, which will generate $115 million for the state’s Medicaid program by drawing down matching federal funds; HB 147, which gives patients the right to inquire as to whether a physician carries medical malpractice insurance; HB 303, which authorizes physician assistants to sign off on certain documents relating to health care currently requiring a physician’s signature, except for death certificates and assigning the percentage of disability ratings for workers’ compensation; and HB 461, which authorizes Georgia to join with other states in a health care compact. Failing to pass were SB 210, which would make it easier for lawsuits to be filed against physicians who perform abortions, and HB 476, which would establish a state-operated health insurance exchange as part of implementing the federal Affordable Care Act.

Ethics Disclosures: Lawmakers agreed on legislation that close a loophole in the state’s ethics laws to require lobbyists to report spending on entertaining legislative staff members. The measure was an amendment to SB 160, a bill that will allow utilities to contribute directly to the campaigns of political candidates. SB 163, which would have required persons making third-party expenditures for or against political candidates to identify themselves on any campaign materials they finance, was passed by both houses but vetoed by the Governor.

Election Year Changes: Lawmakers passed HB 92, which reduces the early voting period for Georgia elections to 21 days prior to Election Day, down from the current 45-day period for in-person absentee voting and establish one Saturday for early voting prior to each election, and HB 302, which sets the 2012 general primary election date for July 31. The candidate qualifying period will begin May 23 at 9 a.m. and end May 25 at noon. HB 158 changes Georgia’s nonpartisan elections, including judicial races, back to being contested in conjunction with primaries rather than the November general election.

Governmental Affairs: The House and Senate approved a new law giving the Governor power to remove and replace members of the Atlanta Board of Education if city schools lose their accreditation later this year. The amended version of SB 79 also reduces the number of members on the DeKalb County Board of Education from nine to seven. SB 86, which would have removed the current requirement for local governments to submit comprehensive plans for land use to the state government, was approved by both houses but vetoed by the Governor. Approved and signed into law were HB 240, which establishes a procedure for local governments to modify projects approved in special purpose local option sales tax referendums that become infeasible to complete; and HB 500, which fixes a discrepancy between state and federal law to enable Georgia to receive $175 million in federal funding to keep 22,000 Georgians from losing their unemployment benefits in June.

Water and the Environment: Approved were HB 274, which allows lawn clippings to be put in limited defined landfills and renewing the $1 per tire disposal fee; SB 122, which allows private developers to build reservoirs and other water infrastructure projects for local governments and water utilities; and HB 179, which allows the removal of trees adjacent to billboards on state rights-of-way along Georgia roads. Both houses also passed resolutions urging the state Department of Natural Resources and other entities to conduct a feasibility study for the withdrawal, storage and distribution of water from the Tennessee River Basin to enhance Georgia’s water supply. Failing to pass were proposals (HB 111 and HB 134) to regulate inter-basin water transfers.

Public Safety: Lawmakers approved legislation that establishes an electronic database to monitor the dispensing of prescription pain killers that include controlled substances. SB 36 targets “pill mills” that provide prescriptions for some widely abused drugs, providing a system to prevent illegal activity. Also passing were HB 40, which requires engine coolant or antifreeze sold in Georgia and containing more than 10 percent ethylene glycol to include denatonium benzoate as a bitter tasting agent to make it unpalatable; SB 88, which requires the use of a child booster seat up to age 8, with an exemption for children who are taller than 4 feet, 9 inches ; and HB 199, which adds certain chemicals used to manufacture bath salts to the state’s list of controlled substances. Failing to pass was SB 102, which would allow guns to be carried into churches and some areas of airports, practices that are currently prohibited.

Law and Order: Lawmakers approved legislation that increases criminal penalties for those guilty of trafficking young women for sex. HB 200 imposes a minimum prison sentence of 10 to 20 years and/or a fine of up to $100,000. If the victim is under 18 years old and is found to have been coerced or deceived into being trafficked, the prison sentence is increased to between 25 and 50 years. Legislation was also approved to create the Special Council on Criminal Justice Reform for Georgians. This council will study criminal justice reform during the interim and make legislative recommendations to a joint legislative committee before the 2012 session.  The intent of this bill, HB 265, is to find solutions that will allow the state to ensure public safety while decreasing the cost of our corrections system.

Court System: HB 24 overhauls the rules of evidence used in Georgia’s courts, the first major revision to the code since 1863. HB 238 changes the makeup of the Public Defenders Standards Council. HB 415 creates a statewide, computer-based juror list to replace lists compiled and kept by individual counties.  SB 30 requires that all future Municipal Court judges to be attorneys.

Sports and Recreation: Agreement was reached on legislation that changes Georgia’s hunting laws and removes the prohibition against feeding or baiting when hunting deer or feral hogs. HB 277 is intended to enhance the management of game in Georgia, control the feral hog population and provide for both economic development and public safety. Failing to pass was HR 186, a proposed constitutional amendment to allow pari-mutuel wagering on horse racing to promote tourism in Georgia and boost state revenues.

Reapportionment: As it does every decade, the state will redraw its district boundaries for the state House and Senate as well as our seats in the U.S. House of Representatives, based on the population data reported by the 2010 Census. Georgia will pick up one additional congressional seat for a total of 14. The new legislative and congressional districts will be finalized during a special session, which the Governor has announced will begin Aug. 15, and will be in place for the 2012 election.

The session began with state revenue estimates dropping nearly 18 percent decline from 2009 levels, an approximate $3 billion decrease in funding from FY 2009 to FY 2011. By shifting funds from FY 2011 to fill gaps in the remainder of the 2010 budget, we still had to find $1.35 billion in the FY 2011 budget. In the end, the budget was balanced by making over $1 billion in cuts while trying to protect services like education, health care, and public safety. We restored education grants for Georgia’s students and increased funding for 2,000 Pre-K slots, bringing total enrollment to 84,000. In the area of Higher Education, we increased HOPE programs by using lottery funds. For example, the budget includes increasing the HOPE Grant by $75.9 million and HOPE Scholarships for public schools by $84.5 million. The budget also includes $450,000 for continued operations at the Columbus Crime Laboratory and $437,602 for three new special agents with in the Georgia Drugs and Narcotics Agency to investigate prescription drug abuse.

Georgia’s trauma death rate has been as high as 20 percent above the national average due to the state’s lack of an adequate system. Therefore, the General Assembly worked to pass Senate Resolution 277 which creates the Georgia Trauma Trust Fund (GTTF). This resolution proposes an amendment to the Constitution that transfers motor vehicle registrations to the state treasury for the purpose of funding a Georgia Trauma Trust Fund. There will be a $10 annual charge on each licensed passenger vehicle. The trauma charge will be collected at the same time the law requires collection of license plate and decals for vehicles. Fees collected would be placed into the GTTF and be solely dedicated for management and improvements to the state trauma care system. If Georgia voters approve the measure in November, the fund will become the state’s first dedicated funding source for the statewide trauma network, possibly generating up to $90 million a year and saving over 1,000 lives each year in Georgia.

With a federal judge ruling that metro Atlanta residents have no right to tap Lake Lanier for their drinking water, and we have three years to work out a plan with Alabama and Florida, the legislature had to act. Therefore, we passed the Georgia Water Stewardship Act (SB 370) which takes proactive steps in planning for water enhancement during future extreme drought conditions and additional water emergencies. The bill requires certain state agencies to identify opportunities to provide programs and incentives for voluntary water conservation and enhancement of the state’s water supply. It allows local governments to impose more stringent water restrictions on outdoor water use during non-drought periods than those imposed by the state and establishes a new outdoor watering restriction. The bill also requires the Environmental Protection Department to promulgate minimum standards and best practices for monitoring and improving the efficiency and effectiveness of water use by public water systems. In an effort to promote conservation, the bill requires all new multi-tenant residential, retail, and light industrial buildings to be constructed in a manner which will permit the measurement of water use. It calls for the Department of Community Affairs to amend applicable state minimum standard codes to require the installation of high-efficiency plumbing fixtures in all new construction. Finally SB 370 creates a Joint Committee on Water Supply to study the status of the state’s current reservoir system and identify creative financing options for additional water supply needs. These are important steps toward protecting our supply and helping us in our current negotiations with Alabama and Florida.

Studies have shown that texting while driving is worse than drinking and driving. Now add that to Georgia’s congested highways and we have a real problem. The General Assembly passed two bills that will prohibit drivers from writing, sending, or reading a text-based communication on a wireless telecommunications device, including instant messages, e-mail, and Internet data, while operating a motor vehicle. House Bill 23 prohibits drivers under 18 who have an instruction permit or a Class D license from operating a motor vehicle while engaging in wireless communication using a wireless telecommunications device. Such drivers will be punished by a $150.00 fine and assessed 1 point on their driving record. The fine will be doubled if the driver is involved in an accident at the time of a violation. Senate Bill 360 addresses drivers over the age of 18 and only applies to texting communications. The will also receive a conviction will result in a $150.00 fine and an assessment of one point on the violator’s driving record.

Achieving transportation funding legislation for Georgia has been a challenge for many years. We finally passed transportation legislation this year which divides the state into 12 regions and allows each region to hold referendums on local projects. If approved by the voters in a referendum, this legislation provides for a 1 percent regional transportation sales and use tax to be imposed for a period of ten years in 12 newly created special districts. The geographical boundary of each region corresponds with and is coterminous with the geographical boundary of the 12 regional commissions. Any plan must include preparations to receive these funds should you, the voters, approve it. Therefore, this legislation is a three-phase plan so we can complete transportation projects efficiently, effectively and with transparency. Through this transportation plan, DeKalb County will have greater representation at the table. This ensures that DeKalb will be well served and that we are successful in getting important DeKalb County transportation improvements on the project list.

To strengthen DeKalb we passed HB 203 which corrects language from 2008 legislation that prevented the DeKalb County Development Authority from utilizing its bonding authority for private sector investments, and limited the County’s ability to use Recovery Zone Bonds that were awarded to DeKalb County through the American Recovery and Reinvestment Act of 2009. This legislation will once again make the DeKalb County Development Authority competitive with our neighboring counties. Additionally, DeKalb County renewed their Service Delivery Strategy agreement with our municipalities. This allows the County and the municipalities to remain eligible for millions of dollars in state grants like DCA’s Livable Communities Initiative funding.

With this challenging session completed, I am reminded that the future of our economy is uncertain and we must continue to build our revenue and strengthen our state through economic development. I welcome all of your questions and comments regarding legislation passed this session as well as other issues that are of importance to you. I can be reached via phone at 770-939-5969 or email at henson718@bellsouth.net.