Dar'shun Kendrick for State House District 93
 
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ISSUES

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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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