2015 Capitol Update Week 11 - Two days remain

Two days remain in the 2015 Session

Tuesday and Thursday this week are the final voting days of the 2015 Session of the Georgia General Assembly. Before mentioning what remains, please find a brief update on several items voted this past week.

On the way to the Governor these bills received final passage:

SR 287 and SB 133 proposed by Governor Nathan Deal provide via voter referendum a Constitutional Amendment to create an Opportunity School District to address chronically failing schools. I voted YES and in November 2016 you will have the opportunity to vote on this measure as well.

On Thursday the House and Senate Insurance Committees reached an agreement to provide Autism coverage for children age 6 and under. (Has not received final passage yet, however, should be on the way to the Governor next week.)

HB 1 passed the Senate and Governor Deal signed the bill into law on Friday beginning the process of providing medical cannabis oil for treatment of several debilitating conditions including cancer, multiple sclerosis, seizure disorders, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, mitochondrial disease, and sickle cell disease.

HB 57 the Solar Power Free Market Financing Act making it easier and more affordable for homeowners to generate solar power for their homes.

SB 63 the Beer Jobs Bill permits visitors to breweries and distilleries to leave with ‘souvenirs’ that may include up to 72 oz of beer or 750 ml of spirits. Brewpubs may choose to offer cans and bottles as well.

Remaining issues that may or may not make it to the finish line this year:

SB 129 the Georgia Religious Freedom Restoration Act will be heard again Monday at 10 a.m. in the House Judiciary Committee.

HB 535 the Brunch Bill providing local governments the ability to expand Sunday sales hours for restaurants, brewpubs, and hotels.

Hey Dad, look who I met this week!

Former Atlanta Falcon greats Tommy Nobis (Mr. Falcon) and Jeff Van Note.

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As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov.Thank you,

Brett Harrell

2015 Capitol Update Week 9 - Ten Yeas and Ten Nays

Ten Yeas and Ten Nays to recap Week 9 - Crossover Week

What a week! By my colleague Rep. Buzz Brockway's count, the House considered 119 bills last week including 57 on Friday - Crossover Day. I will briefly mention twenty - ten I voted in favor and ten I voted against on the House floor. Should you have a question about a particular bill and/or my vote, whether mentioned here or not, please send me an email at Brett@VoteHarrell.com or give me a ring on my cell at 404-966-5804.

Before I mention the bills, the best part of the week was a visit to the Capitol by my parents.

Bobby, Vivian, and Brett Harrell

Yea! I voted YES on these bills:

HB 17 the Hidden Predator Act provides expanded ability for those suffering from sex abuse to confront their perpetrator. Passed 169 - 2.

HB 110 would expand the sale of fireworks in Georgia to include a significantly larger number of products. Passed 119 - 49.

HB 152 by Rep Geoff Duncan narrowly targets high alcohol service establishments by restricting employment and/or entry to those 21 or older. I sincerely appreciate Rep Duncan allowing me to participate in drafting a revised bill limiting unintended consequences and targeting just those that are most likely to serve underage patrons. Passed 157 - 12.

HB 209 provides additional information and notification to parents regarding Georgia's Special Needs Scholarships. Passed 168 - 4. Congrats to my seatmate, freshman Rep Wes Cantrell, on passage of his first bill.

HB 221 that I authored provides that tax assessors must consider rent limitations when valuing properties financed through low interest loan programs and targeting low-to-moderate income individuals. Passed 169 - 0.

HB 225 the Uber bill is a compromise supported by all parties - Uber, Lyft, Taxis, and Limos on insurance, taxation, background checks and more. Passed 160 - 10.

HB 268 provides for mandatory reporting of suspected child abuse by medical, school, and law enforcement personnel. Passed 172 - 0.

HB 393 the Tesla bill is a compromise supported by all parties - Georgia's auto dealers and manufacturers to permit expanded sales within Georgia by the Tesla auto company. Passed 170 - 3.

HB 470 the Pharmacy Audit Bill of Rights provides protection for your local, independent pharmacy too often forced to sell below cost by nationwide pharmacy benefit management firms that set pricing and reimbursement rates. Passed 168 - 0.

HB 535 the Brunch Bill that I authored allows cities and counties that have already authorized Sunday sales at restaurants to extend serving hours to as early as 10:30 a.m. Nearly 4,000 Georgia restaurants sell beginning at 12:30 p.m. on Sunday today. The additional two hours may generate nearly $100 million in additional taxable sales. Passed 121 - 47.

Nay! I voted NO on these bills:

HB 3 the Todd Gurley bill establishes penalties for private individuals that seek to profit from adults that know the rules. I voted NO, the bill passed 145 - 27.

HB 131 establishes an overly broad definition of Cyberbullying that will be difficult to enforce and I fear result in no measurable decrease in bullying activity. I voted NO, the bill passed 140 - 26.

HB 154 proposed to increase contempt fines in local Magistrate Courts from $200 to $500. I voted NO and the bill failed 76 - 90.

HB 238 provides a $750,000 sales tax refund for a construction project at the Georgia Aquarium. As introduced, the refund was unlimited; arguing against the measure in the Ways & Means Committee the cap of $750,000 became the compromise. I still voted NO on the floor, the bill passed 142 - 28.

HB 279 provides substantial raises for Judges. Gwinnett County does not qualify as local judges exceed the threshold established in the bill for additional compensation. That said, the raises are excessive not only in dollar amounts, but in putting Georgia among the highest paid in the nation for a number of positions. Just emerging from a recession with pay lagging for many is not the time to raise compensation for those well above the average household income. I voted NO, the bill passed 142 - 21.

HB 308 provides a $5 million income tax credit to a single hotel project in Savannah and up to $25 million income tax credits for historic rehabilitation projects across the state. As a member of the Ways & Means Committee, I worked to reduce the credit from the original $25 million requested for the hotel project and $60 million statewide to the lower values. I still voted NO on the floor as I believe the project is viable without the tax credits, the bill passed 147 - 22.

HB 338 establishing an additional tack-on fee to traffic citations to fund technology improvements for local law enforcement that would reduce costs. I have fought this measure for four years and the House soundly defeated it by a vote of 39 - 127.

HB 428 provides a $350,000 sales tax refund to the Atlanta Zoo for an expansion project. I worked in the Ways & Means Committee to place the cap on the refund, as the bill originally introduced was unlimited. I still voted NO on the floor as I believe the project is viable without the tax credits, the bill passed 147 - 22.

HB 439 established the New Market Tax Credit program in Georgia modeled after a Federal program that may provide up to $120 million in funds via the Insurance Premium Tax for projects targeting primarily rural Georgia. I voted NO. If our Insurance Premium Tax is generating that much surplus to invest elsewhere, we ought to cut the tax rather than incentivize private development. The bill passed 151 - 18.

HB 510 establishes the Georgia Sports Commission Fund creating a new Board and new revenues to invest in attracting sporting events to Georgia. Hey, I love sports too, but how does the proper role of government include sports? I voted NO, the bill passed 147 - 21. Expect a new board and more of your money going to wealthy sporting programs soon.

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov. 

  

 Thank you,

 Brett Harrell  

2014 Session Wrap Up

The 2014 Session of the Georgia General Assembly ended Thursday, March 20 at midnight. Several highlights include:

Bills passed and waiting action by the Governor

Bills not vetoed by the Governor will become law on Tuesday, April 29, 2014.

HB 744 The 2015 Budget at $20.8 billion in state dollars reflects a 4.6% ($916 million) increase over the prior year. K-12 education received 72% ($660 million) of all new revenue; Health and Human Services including Medicaid, PeachCare and Department of Justice received 22% ($203 million) of new revenue. I voted YES.

SB 365 Continues the multi-year Criminal Justice Reform efforts that have resulted in annual savings in excess of $20 million thus far. The bill provides added flexibility for judges regarding non-violent and juvenile offenders. I voted YES.

SR 415 Voters will have the opportunity to cap the state's income tax rate at the current 6% via passage of this Constitutional Amendment authored by Gwinnett Senator David Shafer. I voted YES.

HB 60 Expands Second Amendment rights where law-abiding citizens who have had a background check, fingerprinted, and licensed may carry a firearm. I voted YES.

HB 697 Pays full tuition for the state's highest achieving technical college students. I voted YES.

HB 1080 Authorizes a privately funded monument of the Rev. Martin Luther King, Jr. placed on the grounds of the state Capitol. I voted YES.

Bills failing to pass this Session

HB 885 Allowing the use of cannabis oil to treat certain seizures failed to pass with the addition of an autism health insurance coverage provision. I voted YES.

SB 167 Prohibited testing based on national Common Core standards. Did not reach House floor for a vote.

HB 153 Authorizing fractional SPLOST - sales taxes at varying increments of less than one cent. I voted NO.

Bills I sponsored this Session

HB 412 Electronic property tax billing passed House, added to HB 295 a comprehensive ad valorem tax reform bill in Senate, passed Senate amended, conference committee failed to reach agreement, bill died. I voted YES on both HB 412 and HB 295.

HB 737 Permits home brewers to transport up to one gallon of their creation - passed.  I voted YES.

HB 762 Adds sanitation vehicles and workers to current law improving public safety, passed House, passed Senate committee, died in Senate Rules. I voted YES.

HB 900 Saves state and manufacturing industry money by exempting "consumables" from sales tax - passed. I voted YES.

HB 954 Improves definition of Fair Market Value for residential properties constructed using state housing tax credits - passed. I voted YES.

SB 286 Permitted Georgia wineries to fortify wine within the state rather than having to ship the product out of state - passed. I voted YES.

SB 325 Strengthened Fire Safety Commissioner's ability to regulate fire suppression sprinkler systems - passed. I voted YES.

Obviously, numerous other bills passed and failed this year. Should you have interest in any legislation before the General Assembly and/or my position, please contact me.

Fundraising

Like all candidates and elected representatives, I too require funds to actively communicate with my constituents and mount a campaign for re-election to enable me to continue advocating for our shared values at the state Capitol. Please take a moment to click this link and make an online contribution today - $10 goes further than you may believe and $50 buys 50 campaign signs. I need your support today. 

Legislation Authored or Co-Sponsored

Should you be interested in the legislation that I have authored or co-sponsored and the current status, you may review those bills here.

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  Now that we are out of session, you can reach me on my cell at 404-966-5804 or via email at brett@voteharrell.com 

 Thank you,

 Brett Harrell  

In the District Please call, email, or write Brett in the District. Representative Brett Harrell P.O. Box 1135 Snellville, GA 30078  404-966-5804 brett@voteharrell.com

Capitol Update Week 6 - Budget, Garbage, Guns

This week at the Capitol

This was an incredibly busy and interesting week at the Georgia General Assembly. I thank you so much for allowing me to serve as the representative for the 106th District. Here are several of the day-by-day highlights:

Monday

I presented and the House passed by a 165-2 margin HB 762 that adds ‘active’ sanitation workers and vehicles to existing law requiring motorists to exercise due caution and care when approaching and passing sanitation vehicles. You may not know that sanitation worker is the fourth most dangerous job in America as measured by deaths per 100,000.

Tuesday

The House passed the Fiscal Year 2015 budget HB 744 at $20.8 billion. This budget is 4.6% larger than the 2014 budget and dedicates 72% of new revenues to education – over $900 million.

On Tuesday, the House also passed HB 875 an expansion of our Second Amendment rights. This bill addresses among other things where citizens with legally permitted weapons carry licenses may carry a firearm. The bill preserves the primacy of private property rights as property owners may prohibit guns on their own premises.

Wednesday

Wednesday was non-stop activity all day long – up and down the stairs, back and forth across the street, meeting-to-meeting, presentation after presentation. At the end of the day, the issues I was advancing all moved forward. A very special thanks to William McKeen, an outstanding young man serving as my Legislative Aide this Session that not only keeps me on schedule, but also writes outstanding bill summaries to better prepare me to discuss the issues presented in our committee meetings.

I presented and the Senate Regulated Industries Committee passed HB 737 Homebrew Transportation bill. The House Code Revision Committee adopted a repeal Amendment I offered and included it in HB 731. Two Ways & Means Subcommittees favorably considered and passed bills I authored. HB 412 permitting electronic property tax billing (at taxpayer request) and HB 900 providing the final exemption for inputs into the manufacturing process (saves the state money).

Thursday

The full Ways & Means Committee passed both HB 412 and HB 900 and they are now pending in the House Rules Committee – the last stop before a vote on the House floor.

Friday

HB 834 passed the House removing an unconstitutional population requirement, but also allowing Gwinnett County to hold bond debt referendums on dates other than the November General Election date – dates with traditionally lower voter turnout. I voted No and I am now working on a “fix;” so that, the greatest number of Gwinnett citizens’ voice is heard on critical referendums such as the issuance of millions of dollars of bond debt or raising millions of dollars via SPLOST.

Next Week

Our community comes to the Capitol next week. I look forward to welcoming many students, parents, and teachers from Grayson Elementary on Monday. On Tuesday, the Snellville Middle School Choir will perform on the North steps inside the Capitol at noon.

Committee calendars

House committee meeting calendar:
http://webmail.legis.ga.gov/Calendar/?chamber=house

Senate committee meeting calendar:
http://media.legis.ga.gov/Calendar/?chamber=senate

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol. You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov.

Thank you,

Brett Harrell

At the Capitol
Please call, email, or visit Brett at the Capitol.

Representative Brett Harrell
601-D Coverdell Legislative Office Building
18 Capitol Square
Atlanta, GA 30334
404-656-0254
brett.harrell@house.ga.gov

Committee assignments:
Budget & Fiscal Affairs Oversight, Regulated Industries, Transportation, and Ways & Means

Twitter: brettharrell
Facebook: voteharrell

Capitol Update - Week 3 - Start, stop, run

We started fast, we stopped, we raced to the weekend

Well, this was an interesting week at the Capitol to say the least. We started fast on Monday, came to a grinding halt on Wednesday, and accelerated again playing catch-up on Friday.

I attended the Mayor's Day breakfast sponsored by the Georgia Municipal Association on Monday morning. After a brief floor session, the Alcohol and Tobacco Subcommittee of House Regulated Industries passed two bills I presented - HB 737 (permits home brewers to transport a gallon of beer) and HB 751 (repeals a section of meaningless code). Monday afternoon I met with representatives from several Community Improvement Districts (CIDs) to hear their concerns about HB 649 that would require submission of annual audits to the state (the audits are already prepared and subject to Georgia's Open Meetings Act - the bill allows submission by email).    

After Tuesday's floor session, I presented HB 762 to the Highway Safety Subcommittee of Motor Vehicles and received a unanimous "due pass" recommendation. HB 762 adds active sanitation workers / vehicles to Georgia's existing "slow down to get around" law by requiring motorists to change lanes, reduce speed, and/or stop when approaching an active sanitation worker operating in the roadway. Did you know that in 2012, the Labor Department ranked sanitation worker was the fourth most dangerous job in America as measured by deaths per 100,000? 

  

Snow began to fall Tuesday afternoon necessitating cancellation of the Ways & Means Committee meeting. I had hoped to present HB 648 that upon adoption into law would reclaim the fourth cent of motor fuels sales tax for transportation rather than the state's General Fund. [Related article: An old penny for transportation]  

  

Wednesday and Thursday the House adjourned and conducted no business. I hope you and your family fared well during the snow and ice storm.  

  

The House reconvened at 10:00 a.m. on Friday. In addition to passing several local issues, the House passed HB 176 the Mobile Broadband bill. 

Committee calendars
House committee meeting calendar:
http://webmail.legis.ga.gov/Calendar/?chamber=house

Senate committee meeting calendar:
http://media.legis.ga.gov/Calendar/?chamber=senate

  

Family Page Day

Theodore, Derayn, and Darius Swilley

I enjoyed meeting the Swilley family from Grayson and hope they enjoyed the day serving as Pages in the Georgia House. 

Full size photos here. 

Upcoming bills of interest

HB 875 the Safe Carry Protection Act further expands and secures our Second Amendment Rights - I have co-signed this legislation. This proposal expands areas that licensed citizens may carry a weapon in Georgia including Church and Bar (with property owner permission) and Public Buildings (without active security). The bill also eliminates the requirement for fingerprinting when renewing your license. 

HB 885 Haleigh's Hope Act provides a pathway for prescribing medical cannabis strictly controlled for a limited number of serious health conditions - I have co-signed this legislation. 

As always, I remain appreciative that you allow me to serve as your state Representative. I encourage you to contact me with any comments or questions you have about the legislation being considered at the state Capitol.  You can reach me at my Capitol office at 404-656-0254 or on my cell at 404-966-5804 or via email at brett.harrell@house.ga.gov. 

  

 Thank you,

 Brett Harrell  

Modifications to Georgia’s alcohol laws will benefit smaller producers, consumers and preserve the system that serves us well

With passage of the 21^st Amendment Prohibition ended and the states became the regulators of alcohol within their borders.[1] The states largely adopted one of two regulatory schemes, “control” or “license.” In the eighteen control states, the state has a monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages, such as beer, wine, and distilled spirits.[2] The remaining thirty-two states adopted varying forms of private licensed wholesalers and distributors. With the sole exception of Washington State, all others operate with some varying form of the “three tier” system segregating producer, distributor, and retailer.[3]

States have various exceptions to this rule, the most prevalent one being the case of a brewpub, which is simultaneously a producer and retailer, and has no requirement to sell to a distributor. [3]

Georgia is a “license” state operating under a modified three-tier system permitting some exceptions for brewpubs and farm wineries.[4]

A national telephone survey commissioned by the Center for Alcohol Policy polled 1,000 adults over the age of 21 between August 12 – August 14, 2013 and the results indicate Americans are very satisfied with current alcohol laws and regulations.[5] Eighty-six percent (86%) said it is easy to find a wide variety of beer, wine, and liquor in their community. In fact, there are more breweries operating in the U.S. today than any time in our history. The Brewers Association recognizes 2,483 “Craft Brewers” of the total 2,538 breweries operating as of June 2013.[6]

Georgia’s alcohol regulatory system is working well. Georgian’s benefit by strong brand and aggressive price competition within a system that insures a safe, high quality product while providing an efficient method of tax collection. Yet, industry interests frequently request legislative modifications to the current structure largely in an attempt to benefit smaller producers. Other industry interests fear such modifications detrimental to not only their business, but problematic for the industry as a whole.[7]

How should the state respond? If the current system provides Georgian’s a safe, high quality product, encourages brand and price competition, allows entry into the marketplace for new products, and insures an efficient method of tax collection, what more should the state do?

The state should adopt limited modifications to the current alcohol regulatory system to provide start-up and growing concerns added opportunities to prosper and succeed without unduly harming the long-standing and proven program that is benefiting the vast majority of Georgian’s.

32 oz and 64 oz bottles called
"Growlers" allow patrons to
take locally brewed beer home. 

In as much as brewpubs exist in Georgia as an exception to the established three-tier system[8] operating as a producer and retailer, permitting the retail sale of up to 64 ounces of draft beer, brewed on-site at the brewpub for off-premise consumption is a reasonable modification. Permitting customers that have already entered the business to take a limited quantity of beer home for personal consumption will dramatically affect the profitability of these small businesses without injuring the established distribution and retail system within Georgia. These off-premise sales should be included in the 50% food calculation for brewpubs excluding from the calculation only the quantity of beer sold through the established wholesale distribution system.

Breweries and distilleries are both producers and the state should treat them similarly within the law. Georgia law currently permits “free” tastings at breweries and distilleries in conjunction with educational and promotional tours.[9] The current provisions are largely unenforceable and easily circumvented by breweries and distilleries that choose to serve beyond the legal limits. The legislature should modify Georgia law to permit limited sales for on-site consumption by breweries and distilleries. Permitting breweries and distilleries to sell for on-site consumption during pre-determined “tour” hours would affect, as with brewpubs, the profitability of the smaller breweries and distilleries, build brand identity and demand for their products, without harming the established distribution and retail network, and improve enforcement.

The modifications to Georgia’s alcohol laws suggested here represent a compromise of the various positions advocated before the General Assembly over the past several years. Regulatory change often results in unintended negative consequences; however, legislators must take the initiative to consider in balance the interests of consumers and all industry participants in a changing marketplace.

Brett Harrell represents House District 106 in the Georgia General Assembly. Representative Harrell serves on the House Regulated Industries Committee and is Vice Chairman of the Alcohol and Tobacco Subcommittee. He also serves on the House Budget and Fiscal Affairs Oversight, Transportation, and Ways & Means Committees.

October 28, 2013

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[1]  http://en.wikipedia.org/wiki/Twenty-first_Amendment_to_the_United_States_Constitution

[2]  http://en.wikipedia.org/wiki/Alcoholic_beverage_control_state

[3]  http://en.wikipedia.org/wiki/Three-tier_(alcohol_distribution)

[4]  https://etax.dor.ga.gov/BusTax_Alcohol.aspx

[5]  http://www.centerforalcoholpolicy.org/research-and-studies/

[6]  http://www.brewersassociation.org/pages/business-tools/craft-brewing-statistics/number-of-breweries

[7]  Alcohol Distribution Laws Bottle Up Options for Consumers and Retailers, Morgan Smith, GPPF, Oct. 2002

[8]  O.C.G.A. § 3-5-36

[9]  O.C.G.A. § 3-5-38 and O.C.G.A. § 3-4-180