Chip Pearson's Capitol Update
May 14, 2005
New Georgia Laws Promote Driver Safety and Improve Quality of Healthcare
Governor Perdue recently completed his review of 443 bills and resolutions passed during the legislative session. Out of those 443 pieces of legislation, he elected to veto 15 items. All bills that escaped the Governor's veto either received his signature to become law, or became law on their own after a period of 40 days.

Joshua's Law, and House Bill 166, the Volunteer Medicine Act, were among the last pieces of legislation to visit the Governor's desk and receive his signature. Improving motor vehicle safety and the safety of our youth is a priority for everyone under the Gold Dome.

Joshua's Law requires that teen drivers, who wish to receive their license at age 16, enroll in a driver training course to improve their driving skills. In order to fund this program, a five percent surcharge will be imposed on all traffic fines. Any teen not wishing to enroll in a driver's training program, will not be allowed to obtain their license until they are 17.

In the future, the Governor has recommended that we as a legislative body consider alternative funding mechanisms for the program and address the current issue of requiring students who do not have access to driver's training programs in their school systems to pay for private driver's training courses.

In addition to protecting Georgia's youth, the Governor has also taken the initiative to improve the quality of healthcare for Georgia's low income citizens and those with no health insurance. The Volunteer Medicine Act, just recently signed into law, extends state liability protection to doctors who are willing to provide free patient care.

Under the authority of the Department of Community Health, Doctors who volunteer their services to the less fortunate will be considered state officers or employees of the state in order to receive this protection. To be eligible for free medical services rendered by these volunteer doctors, prospective patients must be Medicaid eligible, either have no health insurance or have insurance that does not cover specific conditions, meet specific guidelines set forth by the Department of Community Health, and have a family income no greater that 200 percent of the Federal Poverty Level. The Volunteer Medicine Act is a cost effective use of state resources in order to expand care to those in need.

Governor Perdue has also recently embraced the Together RxAccess Card, a national, free, and easy to use prescription savings program for those whose insurance does not cover prescription drugs. The program gives cardholders access to a 25-40 percent savings on over 275 name brand medications for common conditions ranging from allergies to hypertension and cancer. The Together RxAccess Card is an example of how public private partnerships can benefit the citizens of Georgia. As a result of the combined efforts of several nationally known pharmaceutical companies, many of Georgia's citizens will see a decrease in healthcare costs.

I campaigned to help our seniors in the fight against rising healthcare costs, and I am excited to see Georgia involved in both the Together RxAccess Card and the Volunteer Medicine Act. These programs are the just the first steps in fighting this battle, and I look forward to further innovative solutions to the healthcare problem. As always, your concerns are my concerns.
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Mar 17, 2005
Crossover Day is Contentious

The Senate Black Caucus left the Senate floor in protest on March 11, just moments after Senate Bill 84, legislation designed to prevent voter fraud, passed the Senate along party lines 31 to 22.  Essentially, the legislation limits the forms of identification voters can use when they vote to a valid driver’s license; a valid identification card issued by a branch, department, agency or entity of the State of Georgia, any other state of the United States; a valid United States passport; a valid employee identification card containing a photograph of the elector and issued by any branch, department, agency or entity of the United states government, this state or any county, municipality, board, authority or other entity of this state; or a valid United States military identification card.  A provision was but in the law that anyone without a valid photo ID could obtain one, at state expense if necessary, to meet the requirement.

In committee action this week, the Agriculture and Consumer Affairs committee met on Wednesday, March 16 to consider House Bills 201 which would allow for liens on animals by veterinarians and boarders of animals, 196 which provides for limited liability for food manufacturers, carriers, sellers, etc. in personal injury claims., and 452 which will provide for an optional contribution to the Dog and Cat Sterilization Support Program via one’s state tax return.  All of these bills passed unanimously out of committee.

The Appropriations Committee met on Friday, March 11, to pass House Bill 85, the FY 2006 budget.  The Committee also passed Senate Resolution 353, urging private persons to make financial contributions to the Georgia National Guard Family Support Foundation, Inc.  The measure passed unanimously.

Sen. Pearson attended the March 4 meeting of the Natural Resources and Environment Committee to present Senate Bill 294, which prohibits localities from enacting ordinances that apply to the trimming or cutting of any tree located on residential property of a homeowner.  However, the Committee lost a quorum and it was decided that the bill should be tabled to discuss at a later time.

This week the Regulated Industries and Utilities Committee met to discuss Senate Bills 113: 311 phone system; SB 145: hair braiders and licensing; HB 207: definition of “plumbing”; HR 92: creates a Joint House and Senate Liquid National Gas and Infrastructure Study Committee; HB 17: continuing education for private detective and security agencies; HB 353: Industrial Hygiene, Health Physics and Safety Profession Recognition and Title Protection Act; HB 622: telegraph companies; SR 297: domestic energy policy to relieve high natural gas prices.

The Senate Transportation Committee met to consider several bills.  House Bill 281 provides for a sales and use tax exemption on property purchased or used by GRTA, and House Bill 279 which would allow for a five percent variance on the weight of vehicles and loads when moving products.

In legislation this week, Sen. Pearson co-sponsored several pieces of legislation:

-SR 129: urging national support of Israel and declaring support of Georgia

-SR 378: recognizing the Elliott Family as the First Family of NASCAR

-SR 428: commending the Georgia Appalachian Trail Club

-SB 335: restricting the location of sexually oriented billboards

-SB 336: defining terms of the Georgia Fair Employment Act 

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Mar 04, 2005
Divorce Legislation in the Spotlight this Week

In an effort to keep families together and prevent couples from hastily obtaining a divorce that they may regret, Senate Bill 25 was passed this week.  This legislation requires parents of minor children to participate in education classes focusing on the impact the divorce will have on their children-both born and unborn.  The couple does not have to attend the education classes together however, if a protective order has been issued against either parent, if there have been allegations of violence within the marriage or if either parent chooses to attend the classes alone.  Senate Bill 25 also lengthens the waiting period before obtaining a divorce from 30 days to as many as 180 for couples with children.   The exception is that no waiting period will be mandatory if either person has obtained a protective order to that date that would not be subject to the new law.

In other news, nearly a year ago nine year old Amy Yates was murdered just minutes from her home in Carrollton.  A 12 year old neighbor was arrested for her murder and under current law, cannot serve more than four years for the most heinous of crimes.  Thursday, the Senate approved Senate Resolution 161 to create a Juvenile Law Commission to review Georgia ’s Juvenile Justice System and make revision recommendations.

In order to rid Georgians of undesirable e-mail “spam,” the Senate passed Senate Bill 62 on Thursday, which is designed to reduce fraudulent e-mails.  Any person convicted of sending electronic mail that is deceptive or fraudulent and/or hides the identities of the “spammers” will be guilty of a misdemeanor and punished by a fine of up to $1,000 or by imprisonment up to 12 months or both.

A consumer-friendly bill, Senate Bill 199, will allow Georgia pharmacies to sell or distribute, by mail, prescription drugs.  However, as always, patients will have to get their initial prescription filled in person at whatever pharmacy they choose, only refills can be made via mail.

In committee action, the Agriculture and Consumer Affairs Committee met this week and passed Senate Bill 290 out of committee, which would repeal Georgia code relating to the grading of leaf tobacco.

The Judiciary Committee met on Tuesday where Sen. Pearson was present to present Senate Bill 30, inverse condemnation legislation that will allow property owners to seek compensation when the use of their property is impaired by government regulations.  There was much testimony on both sides of the issue, and several questions from Committee members.  Following the testimony, the bill passed unanimously.

The committee on Regulated Industries and Utilities was called to order on Tuesday as well.  Senate Resolution 298 creating the Joint House and Senate Emerging Communication Technologies Study Act passed unanimously.  Senate Bill 274, the Georgia Utility Facility Protection Act, was introduced, and received testimony from several organizations.  Sen. Pearson offered an Amendment to SB 274.  The bill then passed by Committee Substitute as amended.

On Wednesday the Transportation Committee met.  Senate Bill 231 passed from Committee, which adds provisions to DOT design-build contracts.  Also passing out of committee was Senate Bill 270, concerning public/private initiatives, after Sen. Pearson added an Amendment.  Finally, SB 285, which will repeal Georgia code related to train operation; SR 282, dedicating a portion of State Route 39 as the John Lee Drake, Sr. Highway; SR 304 which dedicates the Fallen Troopers Memorial Highway and the Trooper Ronnie O’Neal Overpass, and SR 305 which dedicates a portion of 1-95 in Glynn County as the Mack Mattingly Highway passed out of Committee as well.

In legislative news, Sen. Pearson sponsored a variety of bills and resolutions this week:

SR 296 recognizing May of 2005 Motorcycle Awareness and You month

SR 320 proclaiming March as American Red Cross Month

SR 324 recognizing March 1 as Boy Scout Day in Georgia

SR 326 encouraging the support of the Ten Commandments in local government

SB 275 establishing provisions, incorporation, and definitions of local government and townships

SB 277 changing the provisions and definitions of Georgia Hazardous Site Reuse/Redevelopment

SB 279 establishing a definition of lobbyist; print, radio/television reporters; lobbyist disclosure

SB 294 providing additional limitations on timber harvesting and tree ordinances

These bills and resolutions, as well as any other current legislation can be accessed in its entirety at www.legis.state.ga.us .

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Feb 25, 2005
House Bill 218 Tabled and Smoking Ban One Step Closer to Becoming Law

Legislation that will undoubtedly affect every Georgian across the state is one step closer to becoming law this week after the state Senate voted 44-7 to approve a ban on smoking that will affect hotels, restaurants, and other public entities, but not vehicles-private or company (including taxicabs)-used in the course of employment. 

An amendment that was supposed to make House Bill 218 more palatable never made it to the floor of the Senate for a vote on Thursday, after it was tabled.  The legislation exempts certain records and meetings from public inspection or disclosure if the records contain information on the meeting held to discuss a program of economic development, such as the relocation of a business.

Sen. Eric Johnson of the 1st proposed an amendment on Thursday, crafted with the Georgia Press Association’s nod, to clarify that the exception applies only to projects being handled by the State’s official economic development arm.

In other news, Senate Bill 214 has been proposed by Sen. Chip Rogers of the 21st,.  SB 214 would create a new Congressional District map that would return “communities of interest,” and restore 15 counties so that in their entirety, they are represented by only one member of Congress.

In committee action this week the Agriculture and Consumer Affairs committee met on Thursday to consider the Committee Substitute to Senate Bill 230.  This bill would require an investigative consumer reporting agency that owns or licenses files, including personal information such as a Social Security number or account numbers, to disclose any breach of the security system to any resident of the state whose file was acquired by an unauthorized person.   The legislation comes in response to the recent theft of electronic information from the Alpharetta-based company ChoicePoint, Inc.

For the Appropriations Committee this week, the Conference Committee on the FY 2005 Amended Budget is meeting.

The Regulated Industries and Utilities Committee met on Tuesday.  Senate Bill 91 was introduced to the committee, which deals only with providing basic telecommunication services to those who have hearing or speech impairments.  The Committee then heard SB 209, which is mandated by the Public Service Commission to issue orders approving gas supply plans as it deems appropriate.  This legislation increases from 45 days to 90 days the time that the PSC must issue the order or else the utilities filing for its plan or adjustment will be deemed approved.  Finally, House Bill 217 was presented to the Committee which would require certification for athletic trainers in schools.

The Transportation Committee came to order on Wednesday, where House Bill 273 was presented.  The bill encourages, but does not require, the Department of Transportation to study the use of emergency lanes and paved shoulders-to be known as Flex Auto lanes-during peak traffic hours, for up to eight hours daily.  Concerns were expressed about costs, emergency vehicle access and readiness of the roads for Flex lanes.  House Resolution 14 was also presented which urges Congress to pass legislation allowing hybrid vehicles to use established high occupancy vehicle lanes.  Both passed out of committee unanimously.

In legislation this week, Sen. Pearson introduced Senate Resolution 281 honoring the achievements of the Gilmer High School Wrestling Team on Friday.

Sen. Pearson introduced several bills this week: 

Senate Bill 205 – would suspend the driver’s license of anyone under the age of 21 who receives a DUI 

Senate Bill 209- seeks to change the time period for issuance of a gas supply plan for the Public Service Commission 

SB 221 - seeks to allow for alternative delivery systems of legal defense for indigents  

SB 245 -would make the disclosure of business records and personal information a breach of security 

SB 262 -establishes the Georgia Fairness In Hotel Operating Agreement Act for confidential and fiduciary duties 

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Feb 17, 2005
Governor Signs Civil Justice Reform Bill

Governor Sonny Perdue signed the first piece of 2005 legislation to reach his desk on Wednesday, just days after the members of the State Senate voted to approve the House of Representatives’ amendments to Senate Bill 3, also known as Civil Justice Reform.

On Monday, the Senate voted overwhelmingly, 38-15, to control rising insurance rates and limit non-economic damages in medical malpractice suits in Georgia.  The legislation, which became effective upon Gov. Perdue’s signature, has been a priority of the medical and business community for several years, and will serve to put a $350,000 cap per provider for pain and suffering awards.

In other news, Senator Dan Moody delivered the eulogy this week for a misunderstood giant, Senate Bill 5.  This legislation, also known as the Georgia Public-Private Infrastructure Act, has been at the center of controversy since its conception.  Sen. Moody stated that because valuable time and money would be spent on trying to correct the public perceptions of this bill, he deemed it best to put it out of its misery.

The Governor’s Faith and Family Services Act failed to receive the requisite constitutional majority vote on February 10, when it came up for a vote on the Senate Floor.  Senate Resolution 49 could change the Georgia Constitution to allow religious or sectarian institutions to receive tax dollars for services they provide to the people of Georgia, if voted upon by the people in November of 2006.  The Senate did agree to reconsider the vote at a later date and it was returned to the Senate General Calendar.

On a sad note, former State Senator Paul Broun of Athens died this week at the age of 88.

In committee action this week, the Senate Appropriations Committee met on February 15 to give a do pass recommendation to the FY 2005 amended budget.  The budget passed the Committee with two dissenting votes.

The Transportation Committee met on Wednesday to consider four pieces of legislation.  Sen. Pearson presented one of these, Senate Bill 160, which is a housekeeping bill related to interstate highways.  This bill passed unanimously.

On the Senate Floor this week, Sen. Pearson signed on to three resolutions.  Senate Resolution 127 commending Georgia’s Drug Courts, Senate Bill 128 urging mental health screening, and finally Senate Bill 129 declaring Georgia’s support of Israel.

Sen. Pearson also co sponsored nine Senate Bills:

€       Senate Bill 160 specifies the dimensions, weight, and loads of vehicles on Georgia’s highways 

€       Senate Bill 168 supports the Governor’s Highway Safety Program and introduces a NASCAR logo license plate  

€       SB 169 provides for contracts for public works and prohibits the retaliation thereof. 

€       SB 170 creates a procedure to verify legal residence and a valid identification for clients of the Department of Motor Vehicles 

€       Senate Bill 171 prevents unauthorized non-citizens from enrolling in the Georgia University System

€       Senate Bill 172 would require all applicants for drivers’ licenses to present U.S. citizenship or legal immigrant documentation 

€       SB 190 would allow for judicial review of contested cases and a filing of petition for the Environmental Advisory Board 

€       SB 191 which would expedite the review process for permits under contract with the Environmental Advisory Board 

€       Senate Bill 195 which seeks to establish ownership of property loaned to museums and/or archives, entitled the Georgia Museum Property Act

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Feb 11, 2005
Smoke on the Horizon:οΎ  Upcoming Issues to Spark Debate

Over the next few weeks, the State Senate will address several issues that will affect many Georgians-including the statewide smoking ban; Woman’s Right to Know Act; giving local school systems more control over their spending and classroom size; legalizing sparklers; providing training wages for younger workers; the Georgia Residential Mortgage Fraud Act; and constitutional amendments on hunting and fishing and the public funding of Social Services-otherwise known as the Faith and Family Services Act.  Check back in the coming weeks to follow these issues as they make their way out of committee on onto the Senate floor for debate.

On the legislative front, Sen. Pearson signed on to Senate Resolution 100 this week, which urges good sportsmanship among professional athletes and their franchises.  Additionally, Pearson signed on in support of several Senate Bills this week.  These include:  Senate Bill 111 which provides immunity from civil/criminal action for companion animal establishments; Senate Bill 117 which allows drivers to display authentic license plates issued in or before 1970 on their motor vehicles; Senate Bills 143 and 144 which together create the Georgia Rural Development Council; and finally, Senate Bill 146 which changes the GBI director’s title and changes certain provisions for the Antiterrorism Task Force.

In committee action this week, the Transportation Committee met on Wednesday to hear several pieces of legislation.  Senate Bills 99, 114, and 115 dealing with MARTA were discussed, as well as Senate Bill 107 which would add a portion of State Route 15 to the Developmental Highway System. 

The Regulated Industries and Utilities Committee met on Tuesday where Senate Bill 113 was presented to the committee.  SB 113 establishes a 311 phone system to be operated and funded by the local government, who operates the existing 911 emergency system.  The purpose of the 311 system will be for non-emergency calls and to serve as a backup system for the 911 system.

The Senate Appropriations subcommittees met this week to discuss the FY 2005 Amended Budget.

All bills and resolutions may be accessed via the web at www.legis.state.ga.us .

 

 

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Feb 04, 2005
Busy Week for State Senate

This was a busy week for State Senators.  The Senate voted on Tuesday of this week to pass civil justice reform.  Authored by Sen. Preston Smith, this bill is designed to control rising insurance costs and prevent frivolous medical malpractice suits.  The bill was passed with a 39-15 vote, after drawing quite a debate from the Senate floor.

 

In committee action this week, the Senate Appropriations subcommittees met to discuss the FY 2005 Amended Budget. 

 

The Agriculture and Consumer Affairs committee passed three bills out of committee.  Senate Bill 26, which explains the definition of “agricultural facility,” and Senate Bill 87 which prohibits local entities from adopting or continuing in effect any ordinance, rule, regulation, or resolution regulating the labeling, packaging, sale, storage, transportation, distribution, notification of or use of seeds.  Senate Bill 88 was also passed, which does the same as SB 87, but for fertilizer.

 

The Regulated Industries and Utilities committee met to discuss Senate Bill 55 and Senate Bill 68.  Senate Bill 55 deals with changing the composition of the State Board of Accountancy and repeals certain provisions relating to registered public accountants.  Senate Bill 68 relates to real estate appraisers, brokers and salespersons.

 

The Transportation Committee adopted its 2005 rules on road-naming legislation and passed Senate Bill 4.  SB 4 seeks to exempt the Dwight D. Eisenhower System of Interstate and defense System in Georgia from fund balancing by U.S. congressional district.

 

Sen. Pearson along with Sen. Bill Stephens introduced Senate Resolution 43 which honors Kara Chakrabandhu from ForsythCounty, who lost her life in the Tsunami disaster.

 

Sen. Pearson also recognized the Georgia Farm Bureau Federation with Senate Resolution 72.

 

Sen. Pearson sponsored two bills this week.  Senate Bill 79 deals with providing state funding to local school boards for additional elective courses.  Senate Bill 94 seeks to change certain provisions in the Child Custody Intrastate Jurisdiction Act.

 

These bills may be viewed online by using the search tool provided at  www.legis.state.ga.us .

 

On Wednesday, the Senate honored Sen. Hugh Gillis for his 50 plus years of service in the legislature.

 

Finally, on a sad note, please keep the family of Sen. Jeff Mullis in your prayers, as he lost his mother, Doris Mullis, earlier this week.

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Jan 28, 2005
Senate Passes First Piece of Legislation

     Monday marked the passage of the first piece of legislation by the Senate this session.  Senate Bill 33 was adopted which allows students under the age of 21 across Georgia to have access to high school courses, including Advanced Placement courses and higher level math and science classes, on line over the internet.  This would in essence create a “virtual high school.”  This proposal was part of Gov. Sonny Perdue’s education package.

     Additionally, Senate Bill 34 was adopted which establishes the master teacher program.  This program aims to provide recognition to certified teachers who exhibit classroom excellence.

     Senator Pearson introduced a resolution on January 25 recognizing Lieutenant Patrick Evans, a native of Blue Ridge, Georgia, and a student at NorthGeorgiaCollege and StateUniversity.  Lt. Evans was wounded in a suicide attack in Iraq in December.

     In legislative happenings this week, Senator Pearson sponsored SB 30 Eminent Domain, and signed on to SB 50 Ad Valorem Taxes, SB 56 Tuberculosis Hospitalization, and SB 58 Street Gang Terrorism Prevention.  For more information on these bills please visit http://www.legis.state.ga.us/legis/2005_06/list/sb0001.htm.  

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Jan 24, 2005
Pearson Selected as Deputy Majority Whip

On Monday, January 24, the Georgia General Assembly reconvened at 1:00.

This is a busy week for Georgia lawmakers, with committee meetings now underway. Monday marked the beginning of the highly anticipated tort reform hearings.

Also on Monday, Sen. Pearson received the honor of being selected by Senate leadership for the position of Deputy Majority Whip.

The term "Whip" is derived from the early 20th century fox hunting expression, "whipper-end," which refers to the member of the hunting team that keeps the dogs from straying from the team during the chase.

Similarly, as a Whip, Senator Pearson will primarily focus on mobilizing the votes on key legislative objectives, providing information to members and leadership, and coordinating the strategy within the Senate.

As constituents, we hope that you will take the opportunity to become informed and involved this session.

Please take the opportunity to visit these informational websites: www.legis.state.ga.us, which serves as a guide to The Georgia General Assembly, and http://calendar.legis.state.ga.us/gwextranet/scp.dll/list?user=snmtg@legis.state.ga.us which allows you to access the committee schedules.

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Jan 18, 2005
Pearson's Week Filled with Budget Hearings and Committee Meetings
The Capital was closed on Monday in observance of Martin Luther King, Jr.'s Birthday. On Tuesday, it re-opened its doors for appropriations meetings and budget hearings, which are expected to last throughout the week. As a member of the Appropriations Committee, Senator Pearson has a full schedule this week with meetings lasting most of the day on Tuesday and Thursday.
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Jan 12, 2005
Pearson Receives Committee Assignments

In a letter from Eric Johnson, President Pro-Tempore of the Senate, Senator Pearson received his committee assignments for the 2005-2006 term of the Georgia General Assembly. His committee assignments include: Agriculture and Consumer Affairs, Appropriations, Regulated Industries and Utilities, and Transportation, where he will serve as Secretary.

Session adjourned on Wednesday, and is scheduled to convene again on Monday, January 24, 2005.

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Jan 07, 2005
2005 Will Bring Important Legislation for Georgians
This is an exciting week for Georgia lawmakers. On Monday, January 10, 22 freshman Senators, including myself, and 44 freshman House members join our colleagues in Atlanta to become the first Republican majority in Georgia?s history.

One of the most important issues in this session will be civil justice reform. With healthcare providers and hospitals facing increasing costs of medical liability insurance premiums the number of healthcare providers across the state is declining, especially in rural areas. This is a result of the growing number of awards in liability lawsuits. We must solve this problem.

Protecting our children and our communities from the dangers associated with the manufacturing and use of drugs is of paramount importance. In a continuing effort to address the methamphetamine problem in Georgia, the findings from a study conducted by the House Protection from the Dangers of Methamphetamine Manufacture Study Committee will be used to support potential statewide policy initiatives in 2005.

As a former member of the State Board of Economic Development, I understand how important tourism and trade is to Georgia's economy. This industry will bring several issues to the table during the 2005 session, including a renewed look at House Bill 1775 which seeks to provide tax incentives for film and television industries that produce motion pictures in Georgia. We also hope to introduce legislation to enhance job-creation tax breaks for homegrown Georgia companies.

Achieving excellence in education will remain a focus for lawmakers this session. Topics such as the feasibility of charter schools, which would offer a traditional education in a non-traditional environment, are expected to be discussed.

Property tax relief is imperative. We need to study new ways to collect tax revenues that will not tax people out of their homes and off of their land. One possible solution that will be studied, which I am a proponent of, focuses on reducing property tax and increasing the state sales tax. A consumption-type tax is a fairer way to make sure every person is paying their fair share of the tax burden, and I believe that it will produce more revenue, which we can use to improve our education system.
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