An old penny for transportation

In my district, as in many, transportation remains an issue of importance in search of innovative and efficient solutions and funding. 

So, why did last year’s proposed one-cent regional sales tax for transportation (TIA) fail in most regions? For some, there is a credibility gap in the “ask” for an additional penny for transportation when we are not spending the penny we already have.

In addition to the Federal Excise Tax of 7.5 cents per gallon of gasoline, Georgia imposes a 4-cent state sales tax (In Gwinnett County an additional 1-cent SPLOST and 1-cent E-SPLOST sales tax brings the total to 6-cents on the dollar). Of the 4-cent state sales tax, the Georgia Department of Transportation (GDOT) reinvests 3-cents into transportation projects. The Georgia General Assembly invests the final 1-cent into other General Fund non-transportation projects. Counties, cities, and school systems invest much of the local sales taxes collected on gasoline into non-transportation projects.

     

              Credit: Baruch Feigenbaum, Transportation Policy Analyst, Reason Foundation

While many of the projects funded with the diverted 1-cent state sales tax on gasoline may be worthy of investment, robbing Peter to pay Paul has rarely proven a successful long-term financing strategy. Sound public policy would suggest investing those funds generated through transportation spending back into transportation system maintenance and improvements a better choice.

Baruch Feigenbaum, Transportation Policy Analyst with the Reason Foundation recently recommended to attendees at a Georgia Public Policy Foundation transportation luncheon that Georgia do just that by reclaiming the fourth cent of state sales taxes collected on gasoline. Mr. Feigenbaum’s presentation is available here. 

Although unaware of HB 648, I was pleased to hear Mr. Feigenbaum’s arguments in favor of reclaiming that old penny as I introduced legislation last session (HB 648 co-sponsored by House Transportation Committee Chair Jay Roberts) to begin reinvesting those funds into transportation. HB 648 would return ¼ of a cent each year beginning in fiscal year 2016 through fiscal year 2020 to GDOT. Initially about $40 million a year and once GDOT reclaims the full one-cent approaching $200 million a year in additional transportation dollars.

Can we afford it? I believe so. In my three years as a member of the Georgia House, our state budget has grown from $18.3 to $19.9 billion (remaining well below the pre-recession peak of approximately $23 billion). Recent revenue numbers exceed the Governor’s projections and indications are our state economy is slowly strengthening. Rather than allow new spending to consume revenue growth or battle over cuts to programs currently funded by the diverted penny, allocating a small percentage of returning revenue growth to reclaiming that old penny may go a long way toward improving our mobility, reducing congestion, encouraging business growth, and providing the quality of life all Georgians desire.

Brett Harrell represents the 106th House District in the Georgia General Assembly that includes portions of Grayson, Lawrenceville, Loganville, and Snellville. He is the former Mayor of Snellville and former Executive Director of the Evermore Community Improvement District. Mr. Harrell serves as Vice Chair of the House Budget and Fiscal Affairs Oversight Committee and as a Member of the Regulated Industries, Transportation, and Ways and Means Committees.

It is legal – just un-American

I had another enjoyable opportunity to hear U.S. Congressman Rob Woodall speak recently at the Snellville Commerce Club lunch (a group of local business owners – most small businesses). The Congressman suggested our ire ought not be focused on the National Security Administration (NSA) for “spying” on Americans, rather, the U.S. Congress and President that enacted the law making their activities legal. He said the agency reports each year to Congress their activities and findings so our elected representatives knew or ought to have known of their actions. Therefore, the activities are legal, but legality does not necessarily mean wise or prudent. The same is true regarding the Patient Protection and Affordable Care (PPAC) Act or “Obama Care”. It is the law of the land upheld by our highest court. It is legal; however, many would agree that a government take-over of nearly one sixth of our economy is anathema to our nation's free enterprise system.

For the past several years, I have been advancing an argument at the Georgia General Assembly that would prohibit local governments from billing non-tax fees on your personal ad valorem tax returns. Never have I suggested the practice was illegal – the Georgia Supreme Court has now confirmed it is legal; however, I do believe such an assault on one’s private property in the name of efficient government is unjust.

Recent local news reports several school systems, including Gwinnett County Public Schools, are installing cameras on school buses to aid in enforcing traffic laws. In as much as the school systems do not have traffic enforcement jurisdiction, local governments are necessary partners. Again, the legality is not in question; however, this is yet another encroachment by government into our lives at the same time creating a time and money distraction from the core business of school systems to educate our children. Yes, it is legal, but should governmental agencies continue the installation of cameras monitoring our every move?

Perhaps the most egregious to me, local news reports that Gwinnett County Police have unwillingly strapped one hundred citizens to a gurney, placed them in a headlock, and forcefully withdrawn their blood based on a Magistrate’s warrant to aid in securing what is most often a misdemeanor driving under the influence conviction. Yes, it is legal – just un-American.

Most would agree we must have a safe and secure national defense and providing a healthcare safety net for our poor and disabled is without question. Efficient government operations and citizens that pay their bills is required of all in a civil society. We all desire a safe environment to, from and during school for our children, and DUI’s are a serious offense. That said, our nation has grown and prospered in large degree because government has remained relatively limited in our lives. In my view, each of these seemingly well-intentioned government intrusions are rapidly moving our nation over the tipping point where government will dominate our lives and that most certainly is un-American.

2013 Capitol Wrap Up

2013 Session Wrap Up 

The 2013 Session of the Georgia General Assembly began late (January 14) and ended early (March 28) – usually indicating good news for taxpayers. The session was largely uneventful, addressing several major items and leaving others for discussion another day. I’ve listed some of the highlights below; please contact me with any questions, concerns, ideas, or suggestions you may have regarding our state.

HB 106 – Fiscal Year 2014 Budget
The FY 2014 budget is balanced at $19.9 billion in state revenues (a 2.8% increase) and $37.1 billion overall. Our investment in education greatly improved this year at 53.4% of state spending or $10.6 billion. HB 106 fully funds Quality Basic Education enrollment growth and Equalization Grants. The pre-K school year is restored to 180 days and Georgia Gwinnett College received the necessary funding to continue its’ strong growth. I voted YES.

HB 142 and HB 143 – Ethics Reform

These measures strengthen Georgia’s ethics laws by placing limitations on lobbyist spending, granting rule-making authority to the Ethics Commission, and ease the burden on local officials. The reforms also prohibit providing sporting event tickets or paying for recreational outings and establishes limits on travel expenses. I voted YES.

HB 178 – Georgia Pain Management Clinic Act

This bill addresses the abuse of legal pain medications by regulating and licensing pain management clinics. The GBI estimates that since 2010, the number of pain management clinics in Georgia has risen from 10 to 125. Passage of HB 178 requires all pain management clinics register with the Georgia State Board of Pharmacy and be owned by a licensed physician or hospital. I voted YES.

HB 242 – Juvenile Justice Reform

This bill implements many of the recommendations of Governor Deal’s Special Council on Criminal Justice Reform as it relates to juvenile offenders. The bill attempts to improve public safety, outcomes, rehabilitation of non-violent juveniles, and reduce the costs of services. I voted YES.

HB 372 – HOPE Grant Program for Technical Schools

The HOPE grant program is different from the HOPE scholarship program. The bill lowers the eligibility threshold to 2.0 for HOPE grant recipients and mandates that our Technical College System change from an enrollment-driven formula to an outcome-driven formula in annual budget requests. I voted YES.

HB 487 – Increases the Lottery Commissions supervision of Class B games

This is a comprehensive reform bill aimed at eliminating illegal gambling via coin-operated games often located within convenience stores. In addition to transferring oversight from the Department of Revenue to the Lottery Commission, this legislation also permits players to redeem coupons for lottery tickets – the only game method in Georgia that may legally offer cash payouts. I voted YES.

SB 24 – Provider Payment Fee

The “Hospital Medicaid Financing Program Act” often referred to as the “Hospital Bed Tax” authorizes the Department of Community Health to establish a fee on hospitals to utilize to secure additional federal Medicaid funds that are returned to hospitals to offset costs associated with providing Medicaid services. The General Assembly retains the authority to override the DCH Board’s assessment and the bill is automatically repealed on June 30, 2017 unless reauthorized by the General Assembly. I voted YES.

SB 136 – BUI/DUI Alignment

SB 136 lowers the legal limit for Boating Under the Influence to .08 grams – the same as DUI in an automobile. I voted YES.

HB 99 – Homebrew Beer Competitions

This bill increases to 200 gallons (matching the federal limit) the amount of home brewed beer one may produce (in any home with two people of legal age), establishes legal transportation methods, and permits home brew beer completions. I voted YES.

Two measures that did not pass that will be considered again next session are:

HB 512 / SB 101 – Safe Carry Protection Act
This bill will greatly expand our personal freedoms for licensed weapons permit holders to carry a firearm of their choosing in more places including bars, churches, and campuses. Private property owners maintain their right to restrict firearms on their property.

I strongly support passage.

HB 159 – Property Protection Bill

This legislation simply states that taxes and only taxes appear on your property tax bill. Support continues to grow for this strong Constitutional private property measure that will remove non-tax fees from your property tax bill.

I am the author.

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

Capitol Update Week 8 - Rise of the Government Lobbyist

Ten days to go in the 2013 Legislative Session

An early release in both the House and Senate on Crossover Day signaled the beginning of the end of the 2013 Legislative Session and the rise of taxpayer funded lobbyists advocating for more government, more bureaucracy, more spending, and less freedom.

HB 512 the Safe Carry Protection Act passed the House and expands both Second Amendment protections and private property rights. Lobbyists for publicly funded schools and universities actively opposed the measure. Upon becoming law, HB 512 would permit, subject to property owner permission, the ability for licensed weapons permit holders to carry on college campuses, bars, and churches.

Taxpayer funded lobbyists and government employees stalled HB 1 Civil Forfeiture Act and HB 159 Property Protection Bill that adhered to Georgia's Constitutional mandate that requires the "Protection to person and property is the paramount duty of government and shall be impartial and complete."

Those same interests prevented HB 176 Mobile Broadband Development Act from coming to the floor and defeated HB 282 Municipal Broadband Investment Act. HB 176 sought to expand mobile broadband coverage and HB 282 would limit government from competing with private industry where the private sector provided coverage.

While I may agree on any given issue with the lobbyists funded by your tax dollars, the prevalence of these interests is much more troubling to me than those private sector advocates that most often simply want government out of our way.

Several bills passing on Crossover Day advance

The following bills remain under consideration and are now in the Senate:

HB 123 the Parent and Teacher Empowerment Act would allow parents to petition their local school board to convert a traditional public school into a public charter school.

HB 127 Automatic Adjustment of Fees requires an automatic adjustment in a fee if it isn't used for the purpose for which it was collected. These fees include the solid waste disposal fee, the tire disposal fee, certain fees pertaining to traffic violations collected by the courts, certain court filing fees, and penalties related to criminal, quasi-criminal, traffic cases, and bond violations.

HB 132 moves the Georgia Board of Pharmacy and Dentistry to the Department of Community Health rather than the Secretary of State's Office.

HB 150 attempts to prevent websites from charging a fee to remove a "mug shot" from publication when the individual in cleared of any crime.

HB 399 clarifies what types of real estate interest are taxable in Georgia via an "ad valorem" tax bill by prohibiting a "possessory interest" tax. Yet another example of local governments use of an "ad valorem" property tax bill for other purposes.

Senator Isakson visits the Capitol

U.S. Senator Johnny Isakson and Georgia Representative Brett Harrell

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