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Stay tuned for updates on the ISSUES that matter to you most!
Education
I believe that we must strongly support public education and the access to a quality education. This means working with local business partners and the school board to create innovative ways of learning and teaching in each classroom throughout Georgia. We must support our teachers and hold our parents accountable in order to educate the future generation. Smaller class sizes, innovative and flexible teaching tools, access to need based funds and a fully accountable school board are all initiatives that I support and work hard to bring to each Georgia classroom.
Transportation
In order for Georgia to thrive and become competitively not only nationally but internationally, Georgia must produce a transportation system that is up-to-date and conducive to the changing population shifts in Georgia. I support a 1% sales tax that will empower regions to provide funding for local projects as well as help regions to expand transportation throughout Georgia. Less traffic equals more productive time as citizens and as family members.
Economic Development
I understand economic development as a business attorney. I also understand that to secure economic development we have to look to our small businesses that employ most of the Georgia workforce and provide them with the support, access to capital and incentives they need to thrive, grow and HIRE more Georgians. Part of this economic development is to make sure that not only large businesses and corporations are given competitive incentives to stay in Georgia and hire, but also that small businesses are given similar incentives.
Natural Resources
We only have one Earth and one Georgia. It's incumbent on each of us to do our part to make sure we take care of the precious Earth that has been given to us. As a government, I believe it is our responsibility to make sure that natural resources are utilized in the most efficient manner possible for the greater good. We also must find ways to develop sustainable ways to replenish our resources.
Taxes
It's no secret that our tax code is antiquated and needs to be reformed. However, I believe that there should not be a tax burden shift from to those that are hurting the most during these tough economic times. We must take a critical look at any attempts to shift the tax burden to those that are less fortunate and steps that would create unnecessary taxes.
Please visit http://www.house.ga.gov/Representatives/en-US/member.aspx?Member=770&Session=21 to find more legislation by Rep. Kendrick as well as other contact information.
Below you will find a Legislative Update as presented by the House Democratic Caucus; please check the link above to see how I voted on each one of these measures.
Good
HB 100 (Georgia Tax Court): Creates a
Georgia Tax Court as a pilot project of limited duration pursuant to Article
VI, Section I, Paragraph X of the Georgia Constitution. The bill creates the Tax
Court under the executive branch as a separate agency from the Department of
Revenue. The court's jurisdiction is
over hearings demanded by aggrieved taxpayers. STATUS: PASSED (Passed the House and
Senate)
HB 342 (Family
Violence Order): Expands the definition of “family violence order” to include restraining
orders, pretrial releases of someone arrested for family violence and any order
for probation which arises out of an act of family violence. STATUS: FAILED (Passed the House but did
NOT pass the Senate)
HB 386 (Tax
Reform): Revises tax policy for the state of Georgia in the following ways:
- Eliminates
the ad valorem tax and sales tax on vehicles, which will be replaced by a 6.5%
to 7% title tax. This tax will be paid at the time of purchase and will apply
to casual sales, except those between immediate family members.
- Eliminates
the state sales tax on energy used in manufacturing. Local governments may
continue to impose the tax.
- Increases
the personal tax exemption for married couples in order to eliminate the
“marriage penalty” in income taxes.
- Eliminates
certain agricultural taxes and the sales tax exemption on film equipment.
- Exempts
1% of jet fuel purchases from the state’s 4% sales tax.
- Requires
internet sales with a nexus in Georgia to collect state sales taxes
(E-Fairness).
- Extends
the sales tax holiday on school supplies and energy products for two years.
STATUS: PASSED (Passed
the House and Senate)
HB 641 (Child Protections and Public Safety Act): The Child
Protection and Public Safety Act is a comprehensive revision of the Georgia
Code’s juvenile court provisions, which govern the state’s response to children
and their families in case of abuse, neglect, violations of the law by children
and other circumstances requiring court intervention. The current law is a
patchwork of provisions stitched together over the past 40 years. Its
sections relating to abuse and neglect (deprivation) are intermingled with
those relating to children who have violated criminal law (delinquency),
creating contradictions and confusion. The Act reorganizes the code for ease of
understanding and application, modernizes substantive provisions to reflect
advances in research and practice and brings Georgia into full compliance with
federal laws applicable to juvenile court proceedings. Furthermore,
communications between agencies will be improved in order to create a
coordinated plan for each child in the system. CAUCUS RECOMMENDATION –
SUPPORT STATUS: FAILED (Passed the House but
did NOT pass the Senate)
HB 648 (Enabling
Legislation for Legal Services for Indigents): This bill is dependent on
the passage of a Constitutional Amendment (HR 977) authorizing the dedication
of certain legal fees to fund indigent defense. If the Amendment is
passed, this bill will help poor defendants receive the representation that the
U.S. Constitution guarantees them. Indigent defense is chronically underfunded
and this bill attempts to alleviate some of the budget pressures that public
defenders’ offices face by creating new streams of revenue to fund their
operations.
CAUCUS
RECOMMENDATION – SUPPORT STATUS: FAILED (Passed the House but did NOT pass the Senate)
HB 685 (Dangerous Dogs): Provides that any person who
is the owner or custodian of an animal, that while off their private property
causes harm directly or indirectly to other animals domestic or not, shall be
civilly liable for death, injuries or harm, as well as damage to public or
private property. This bill specifies that if a dog – unprovoked – bites,
attacks or attempts to bite someone, the owner or custodian of the dog will be
liable and responsible for consequential damages. Felons convicted of a serious
felony, dog fighting, drug trafficking, or cruelty to animals cannot own,
possess, reside with or have custody of a dog or puppy over 12 weeks not
neutered or spayed or any dog classified a “vicious” according to Article 2 of
this chapter, up to 10 years after completion of sentence. Judges are given the
authority to issue an order to euthanize a dog that has seriously injured or
killed a human or cannot be controlled. However, before this order can be
granted the owner or custodian has a right to hearing. STATUS: PASSED (Passed the House and
Senate)
HB 707 (Voter
ID): Expands the list of qualified identification for voting to include official
college identification. The bill is a part of the Georgia House Democratic
Caucus’s Shared Responsibility Legislative Agenda. CAUCUS POSITION – SUPPORT STATUS: FAILED (Passed the House but did NOT pass the Senate)
HB 692 (Falsified Test Scores): Requires any school personnel who profited from false
test scores to pay back money received. STATUS: PASSED (Passed the House and
Senate)
HB 741 (Supplemental
FY 2012 Budget): Supplemental
Budget for Fiscal Year 2012. Restores funds initially cut to education and
several human services programs by the original FY 2012 Budget. STATUS: PASSED (Passed the House and
Senate)
HB 811(Budgetary
and Financial Affairs): Mandates that fees collected for a specific purpose
must be appropriated for that purpose or face reductions. If funds are not fully
allocated for the purpose for which they were collected, then, in the following
fiscal year the fees collected for that purpose will be decreased.
STATUS: PASSED (Passed
the House and Senate)
HB 872 (Metal Theft): Requires secondary metals recyclers to take a clear
picture of the metal they are receiving; forward the contents of each file kept
for a transaction to the local Sherriff’s department, to be entered into a
database; only write checks for payment (no more cash transactions); and hold
payment for 15 days after the transaction. Also adds a provision making any
person found criminally liable for stealing metal also civilly liable for the
amount of the stolen metal. Persons purchasing secondary scrap metals must
apply for, and be granted, a permit from their local Sherriff’s office. STATUS: PASSED (Passed the House and Senate)
HB 1166 (Child-only
Health Insurance Plans): Mandates the offering of child-only health
insurance policies. This bill is supported by Georgians for a Healthy Future
and Voices for Georgia’s Children. CAUCUS RECOMMENDATION –
SUPPORT STATUS: PASSED (Passed the House and Senate)
HB 1176
(Criminal Justice Reform): Substantively reforms Georgia’s criminal justice
laws in the following ways:
- Creates
a state system of drug courts and mental health courts, and allows for the
expansion of other accountability courts
- Reduces
the threshold for theft and burglary and expands judicial discretion in
sentencing.
- Allows
for records restrictions for persons arrested but not convicted of crimes after
a certain period and for persons acquitted.
Records will be available to law enforcement but not to potential
employers.
CAUCUS
RECOMMENDATION – SUPPORT
STATUS: PASSED (Passed
the House and Senate) HR 977 (Legal Services for Indigents): Proposes an amendment to the State
Constitution that would authorize the General Assembly to dedicate certain
existing fees and assessments to the funding of legal services for indigent
persons accused of crimes and delinquent acts. For several years, lawmakers
have queried what to do in order to "fix" Georgia's broken indigent
defense funding system. In December of 2011, the State and the Southern
Center for Human Rights reached a settlement of a class action lawsuit
regarding how Georgia provides counsel for those who cannot afford it. HR
977 and HB 648, the enabling legislation, which would make sure specific funds were
available for legal services for indigent persons, would address the issues. CAUCUS RECOMMENDATION –
SUPPORT STATUS: FAILED (Passed the House but
did NOT pass the Senate)
HB 397 (Open Meetings and Records): Concerns
transparency in government, focusing on public access to meetings and hearings.
Creates an extended period of time for challenging action that a party may
claim was undertaken illegally. The period is currently 90 days from when the
action is taken, but this bill would change that period to 90 days from when
the alleged illegality of the action is discovered. Notices of meetings must be
posted at least one week in advance. Sheriff’s sales notices must be published
24 hours in advance. Minutes should be kept for all meetings but are not
necessarily open to public inspection. The minutes are to be preserved for in
camera inspection if deemed necessary. The authorization to take action
shall not constitute an action that must be conducted in public. However,
actions are not binding until voted on in a public hearing. This bill doubles
the fine (from $500 to $1,000) for knowingly partaking in meetings that are in
violation of the chapter. Makes a declaration that it is important to open and
democratic government that the public be able to inspect all public documents and
goes on to guarantee the availability of documents for public inspection,
outside a court order directing otherwise. Agencies shall respond to open
record requests in three (3) business days. If records cannot be produced
within the three-day period, the agency should write to the requestor and
inform them of a reasonable time frame to receive the records.
STATUS: PASSED (Passed
the House and Senate)
Bad
HB 456 (State Agency Termination): Establishes a committee to make recommendations on the
abolishment of state agencies it deems to be ineffective or unnecessary. The
committee’s decision can lead to the automatic termination of an agency. STATUS: PASSED (Passed the House and
the Senate)
HB 636 (City of Brookhaven): Establishes the city of Brookhaven in DeKalb County. STATUS: PASSED (Passed the House and the
Senate)
HB 742 (FY 2013
Budget): The
Appropriations Act of Fiscal Year 2013, effective July 1, 2012, is set by the
Governor’s revenue estimate of $19.2 billion in state funds and $38.7 billion
in total funds. CAUCUS RECOMMENDATION –
OPPOSE
Rationale:
Although this budget does not contain the harsh cuts to education from
years prior, it cuts TANF funding by 34% and maintains a number of tax cuts
that could be better spent in other areas.
It also fails to restore cuts to education that continue to harm
schools.
STATUS: PASSED (Passed
the House and Senate)
HB 797 (Charter School Amendment
Enabling Legislation): This
is the enabling legislation for HR 1162, which means it becomes effective if
the amendment passes. Petitions for charter schools must be submitted
simultaneously to both (1) each local school district from which the charter
school plans to enroll students and (2) the Charter Committee of the State
Board of Education. After July 1, 2012, charter school petitions denied by a
local school system and subsequently approved by the state board as a state
chartered special school will be funded through state funds. No local funds may
be diverted to fund state-commissioned charter schools. This legislation
becomes effective only if a Constitutional Amendment (HR 1162) authorizing the
General Assembly to create charter schools as special schools is ratified at
the November 2012 general election.
CAUCUS
RECOMMENDATION – OPPOSE
Rationale: The bill was passed out of committee without
opportunity for the public to view or comment. Moreover, the funding mechanisms
in the bill may not adequately protect local school systems.
STATUS: PASSED (Passed
the House and Senate)
HB 863 (State Purchasing): Allows noncompetitive bidding on
purchases made by state agencies as long as the purchase amount does not exceed
$25,000 (raised from $5,000). Defines “Georgia Resident Business” for “The
Small Business Assistance Act of 2012.” The business must be in Georgia and
conduct its business in Georgia and must have fewer than 500 employees (increased
from 100 employees) or have less than $50 million (increased from $1 million)
in gross receipts per year.
CAUCUS
RECOMMENDATION – OPPOSE
Rationale: Since the bill changes the definition
of small business to encompass far larger enterprises, small businesses will be
hurt by losing their preferred status in government bidding for projects.
STATUS: PASSED
(Passed the House and the Senate) HB 981 (Concealed Weapons in Schools): Allows persons to carry concealed weapons in schools, colleges,
government buildings and other places where they are now banned. STATUS: FAILED (Did NOT pass the House
or Senate)
HB 1052 (MARTA Board Composition Revisions): Updates and
changes provisions of the MARTA Act of 1965 as amended over the years. In conjunction with HB 1051, the legislation
strikes provisions currently in general law and puts them into the MARTA Act. Changes
the MARTA Board structure by providing that the two North Fulton Board members
will now be appointed by the North Fulton mayors and one of the four DeKalb
members will be appointed by the Mayors in DeKalb. Instead of the GDOT
Commissioner being a voting member of the Board, the GRTA Executive Director
will be a voting member. While it does not eliminate the 50/50 restrictions on
MARTA’s use of tax proceeds, it does relax them until June 30, 2016. STATUS: FAILED (Passed the Senate in amended form but did NOT pass the House)
HB 1160 (Public
Service Commission): Provides that the chairperson of the PSC (to serve for
two years) shall be selected by a simple majority of the members, instead of
the current method, in which he or she is chosen by seniority. CAUCUS RECOMMENDATION –
OPPOSE STATUS: FAILED (Did NOT pass the
House or Senate)
HR 1162 (Charter
Schools): Amends the Constitution of Georgia to add charter schools to the list of
special schools that the state may authorize independent of local school
districts. Also clarifies the role of
the state in funding education and setting public policy. (See HB 797
description, above.) STATUS: PASSED (Passed the House and
Senate)
SB 87 (School Vouchers): Creates an education voucher in
Georgia to pay for private school tuition. STATUS: FAILED (Did NOT pass the Senate
or House)
SB 269 (Water Pollution Leniency): Exempts local governments and businesses from water pollution
fines if they agree to voluntarily correct problems. STATUS: FAILED (Did NOT pass the Senate
or House)
SB 301 (Silencers for Hunting): Allows hunters to use gun silencers while hunting. STATUS: FAILED (Passed the Senate but
did NOT pass the House) SB 350 (Crimes and Offenses): Requires
that firearms used in the commission of a crime be returned to their innocent
owners; provides for disposal procedures for forfeited and abandoned firearms
by law enforcement agencies and the state. CAUCUS RECOMMENDATION –
CAUTION STATUS: PASSED (Passed the Senate
and House)
SB 362 (“Deadhead Logs”): Promotes the removal of “deadhead logs” from Georgia’s
rivers and streams by (1) allowing the Department of Natural Resources to
contract with any person for the investigation or survey of deadhead logs and
(2) mandating that the department shall provide for sales of deadhead logs on a
competitive bid basis. “Deadhead logs” refers to any logs that were
commercially harvested from forests in this state during the nineteenth or
twentieth century and that sank or were sunken in a river either while in the
process of being floated to mill or market or intentionally for storage.
CAUCUS
RECOMMENDATION – OPPOSE
Rationale: The removal of deadhead logs could have
a significant negative impact on Georgia’s waterways and the economic rewards
of removal and sales of the logs would benefit very few individuals.
STATUS: FAILED
(Passed the Senate but did NOT pass the House)
SB 492 (State
Purchasing): Requires that public works contract awards for heavy equipment
follow certain specific procedures. Prohibits government entities engaging in
public works construction projects from “discriminat[ing] against, or
treat[ing] differently, bidders, offerors, contractors, subcontractors, or
material suppliers for becoming or refusing to become or remain signatories or
otherwise to adhere to agreements with one or more labor organizations on the
same or other related construction projects.” CAUCUS RECOMMENDATION –
OPPOSE
STATUS: PASSED (Passed
the Senate and House)
HR 1367
(Greenhouse Gas Emissions): Urges the
United States Environmental Protection Agency to not further regulate
greenhouse gas emissions. CAUCUS RECOMMENDATION -
OPPOSE STATUS: FAILED (Passed the House but did NOT pass the Senate)
Ugly
HB 242
(Anti-Sharia Law Bill): This bill is
based on “American Laws for American Courts” model legislation put forth by the
American Public Policy Alliance. The model legislation is promoted by APPA explicitly
as a protection against Shariah Law. Not only has there been not a single case
of Shariah Law being a threat to U.S. or state law, but First Amendment
jurisprudence already prohibits U.S. courts from imposing any kind of religious
law, including Sharia. Not only does this bill target a specific religion, but
also it is fundamentally unnecessary as it seeks to address a problem that does
not exist. Our courts are not allowed to defer to any law if doing so would
result in an outcome contrary to American public policy. Moreover, because it
targets religious law, this bill will impact Orthodox Jews who rely on
religious law to settle disputes. It
also may impact custody cases when enforcement is sought abroad. STATUS: FAILED (Passed out of the House Judiciary
Non-Civil committee but was not sent to the House floor for a vote.)
HB 347 (Unemployment Benefits): Cuts
length of unemployment payments receivable from a maximum of 26 weeks to a
sliding scale maximum of 14 to 20 weeks. Currently, an individual in Georgia receives
unemployment benefits for an average of 13 weeks. (For more details on the
background of this bill, please also see SB 447, below.) STATUS:
PASSED (Passed the House and the Senate)
HB 730 (Public
Works Construction Contracts): Prohibits the state Department of
Administrative Services, as well as any local government, from requiring or
prohibiting bidders, offerors, contractors, subcontractors, or material
suppliers to enter into or adhere to prehire agreements, project labor
agreements, collective bargaining agreements, or any other agreement with one
or more labor organizations. CAUCUS RECOMMENDATION –
OPPOSE
Rationale:
The legislation interferes with the local decisions of cities and
counties, which may use these agreements to support local hiring for major
public works projects. Given the nearly
$3B in approved E-SPLOST funding and the likely funding of $20B in T-SPLOST projects, refusing
to require local hire requirements could lead to the hiring of cheaper labor
from outside Georgia. Moreover, this
bill is part of a national campaign by ALEC to undermine collective bargaining
rights. Georgia is a right-to-work state
that has limited union presence, and this is an unnecessary assault on union
workers and local government power.
STATUS: FAILED (Passed
the House but did NOT pass the Senate)
HB 861 (Drug testing of TANF applicants and recipients): Requires all applicants for TANF (Temporary Aid to Needy Families) to submit
to a drug test in order to be eligible for benefits. Also, contingent upon
funding, requires that every recipient
of TANF benefits shall submit, not less than once every two years, to the
department's random drug testing program (to be established by the bill).The
cost of the drug test will be paid for by the TANF recipient through a
deduction from their benefits, which have already been reduced in FY 2013 by
34%. CAUCUS POSITION-OPPOSE
Rationale: The
Caucus objection to HB 861 and its companion bills from the Senate is premised
on three general principles: (1)
unwarranted discrimination against the poor, who do not have a higher incidence
rate of drug use as compared to other recipients of public benefits (including
tax breaks), (2) cost to the state and to the TANF recipient and (3) unintended
consequences, as contrary to the author's intent, this bill targets any
services funded by TANF, which has included family violence counseling, funding
food banks and after-school care.
STATUS: PASSED (Passed
the House and Senate)
HB 954 (Anti-Abortion): Prohibits
abortions after 20 weeks with limited exceptions: the immediate threat of death
to the mother or irreversible physical impairment. Under the bill, if a
pregnant woman found out at any time after 20 weeks that her fetus had suffered
trauma that would cause it to die either before or during childbirth (i.e. the
fetus could never become a viable human being outside of the womb), the woman
would not be allowed to terminate the pregnancy and would be forced to carry
the dying fetus to term, despite medical advice to the contrary. No exemption
is permitted for rape, incest or the mentally infirm, who may not be aware of
pregnancy prior to 20 weeks. An amendment
added in the Senate allows limited medical exceptions for certain fatal fetal
anomalies. CAUCUS RECOMMENDATION –
OPPOSE
Rationale: This
bill is not grounded in acceptable scientific principles, and it makes no
exceptions for rape, incest or mental condition. No reputable medical institution has
acknowledged the existence of “fetal pain” at 20 weeks. Both the American Medical Association and the
Royal Academy of Obstetrics have rejected the “findings” used by the author to
support this legislation.
STATUS: PASSED (Passed
the House and Senate)
SB 447
(Unemployment Insurance Cut): Amends our employment laws to account
for the more than $700M Georgia owes to the federal government due to our
“employer holiday” that led to nearly bankrupting our trust funds. In response, this bill cuts employment
benefits down to 20 weeks, cuts actual benefits, and only requires a nominal
increase in employer contributions, which are among the lowest in the
nation. Because Georgia has an
unemployment rate of 9.7%, this will have a devastating effect on not only the
families of the unemployed but the economies of their communities. STATUS: EFFECTIVELY PASSED (SB 447 passed
the Senate but did not pass the House. Instead, both Chambers passed HB 347
which has the same effect as this bill.)
SB 458 (Ban Undocumented
Students from Public Colleges): Prohibits undocumented students in
all public colleges and universities, although these students pay 3.5 times the
in-state tuition. Only 318 such students
are within the University System of Georgia.
Also adds an unnecessary change to “secure and verifiable documents”
that will require foreign visitors to carry papers to prove their right to
conduct general business in Georgia. CAUCUS RECOMMENDATION –
OPPOSE STATUS: FAILED (Passed the Senate but
did NOT pass the House)
SB 469 (Mass
Picketing): Curtails First Amendment rights. Criminalizes and harshly punishes
individuals and groups involved in picketing. Unconstitutionally
stifles legal peaceful protest in residential areas and commercial spaces with
fines of $1,000 per day for individuals and $10,000 per day for organizations. Makes
the penalty for conspiracy to commit criminal trespass higher than that for
criminal trespass itself. Also allows the prosecution of one person or
organization for both conspiracy to
commit criminal trespass and the
crime of criminal trespass itself – a double penalty that does not exist in any
other provision of Georgia criminal law. CAUCUS RECOMMENDATION –
OPPOSE STATUS: FAILED (Passed the Senate but did NOT pass the House)
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