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Volume 3, Issue 3 

Greetings!  We have finished Day 26, and Cross Over will be on Day 28, Tuesday, March 15,  so the  pace is intense - days are long in both committee meetings and on the chamber floor, voting on bills.   

Many of you have asked me how to find the status of bills.    I highly recommend using the AJC Legislative Tracker. 

The good news is that on March 8 we passed the landmark Mental Health Parity Act, and the bad news is in this election year, we are passing bills to appeal to partisan interests, such as bills that censor classroom discussions on race and racism, and astronomical tax cuts that benefit the wealthy.  And the war in Ukraine hangs over all of us.  

Prayers for Ukraine

The prayers of DeKalb County are with the hundreds of thousands of families in Ukraine as they suffer from unprovoked war from Russian President Vladimir Putin. My heart is broken as I listen and watch these horrible images of suffering, especially of the children and elderly, and of the pregnant mothers.  I am inspired by the incredible bravery of the Ukrainians.  I affirm the United States strong, capable leadership.  I am thankful  for President Biden's command -  how he listens to experts, regularly communicates with the public, outlines  plans - and for being a steady leader to unites our allies. I am proud to strongly stand united with my community, my state and my country in clearly and decisively  holding Russia alone accountable.  Read HERE to find out ways to help the people of Ukraine.

Landmark Mental Health Parity Act Passes

Representative Stacey Evans and I ("the Evans Caucus!) congratulate Chairwoman Mary Margaret Oliver on the passage of HB 1013, The Mental Health Parity Act. This landmark legislation was three years in the making.  Speaker Ralston sponsored the bill, and asked Chairwoman Oliver and Rep Todd Jones to "co-pilot" the effort to pass.  The passage of the bill received a standing ovation in the chamber.  
As Chairwoman Oliver stated - There are 10.6 million Georgians and 180 of us in the House Legislature.  We have the privilege to help people.  Especially to help people in crisis.  10% of our population experiences some sort of mental health problems.  1% of the population have severe psychotic diagnoses, and it is that 1% that come in and out of our jails, prisons, and medical facilities and tax the system.  This 88 page bill is a critical step forward to help that 1%,  families in crisis.  

This bill addresses several key issues to improve access to mental health and substance abuse care in Georgia.  It adds enforcement mechanisms to ensure parity in insurance coverage, promotes workforce development in increase access to healthcare, improves treatment options for persons in crisis, and adds methods of data collection to promote best practices.  

Here is a link to the AJC: A "defining issue': Georgia House approves measure overhauling mental health care

Let Teachers Teach and Students Learn! 

On February 25, 200 amazing students from the Decatur community peacefully protested classroom censorship bills about race and racism.  Take a look at their signs and zoom in on their faces.  We do not need to put politicians between our students and our teachers!  
The Future is Female!  I was proud to stand in solidarity that day with these talented, organized, thoughtful and energic students, standing up for their rights and against censorship! From L to R:  Kaya Desai, Katie Guenther, Yana Batra, Simone Meyer, Ana Villavasso, and Vinessa Taylor.  
On Friday, March 4, in a long day, the House debated three Education bills.  I would sum up some of the education bills that passed like this: Solutions in search of a problem or how to pander to manufactured outrage in an election year.

HB1 - Forum Act , or the Forming Open and Robust University Minds Act, which would establish that unrestricted outdoor areas of University System of Georgia (USG) and the Technical College System of Georgia campuses are public forums for their campus communities.  This bill would prohibit these institutions from restricting expressive activities in those areas or designating any campus areas as a “free speech zone;” - for the record, there are no designated free speech zones in USG campuses right now - this bill is based on Model legislation by the American Legislative Exchange Council (ALEC) - a conservative think tank.

First, all of us want to protect free speech - that is not the question here. The question is whether we do have a problem and if we do, do we need a bill to solve it - I don't think so.
HB1 went through extensive vetting in the Higher Education committee.  The bill changed a lot from its original version. The final tenor of those who were critical was that they don’t think we need this bill but they could live with the language. This is my big concern. We are passing a bill just because we can but not because we need it. USG already has sufficient protections in place to ensure that students and their invitees First Amendment rights are wholly protected. This bill does not add any protections that are not already present but instead creates additional administrative burdens on Georgia’s institutions of higher education. I voted no.

HB1084  or the Protect Students First Act, which would prevent the use of and reliance on curricula or training programs in state public schools that espouse "divisive concepts" that are specifically included in this bill, and the bill would require each local board of education to adopt a complaint resolution policy to address complaints or violations of this new policy, as well as establish an appeal process for violations through the State Board of Education.  

This is a bill based on model legislation by the Heritage foundation, another conservative think tank. Divisive concepts are defined as any of the following concepts, including views espousing such concepts:
  • One race is inherently superior to another race; 
  • The United States of America is fundamentally racist;  
  •  An individual, by virtue of his or her race, is inherently or consciously racist or  oppressive toward individuals of other races;  
  • An individual should be discriminated against or receive adverse treatment solely  or partly because of his or her race;  
  • An individual's moral character is inherently determined by his or her race; 
  • An individual, by virtue of his or her race, bears individual responsibility for  actions committed in the past by other individuals of the same race;
  • An individual should feel anguish or any other form of psychological distress  because of his or her race;  
  • Performance-based and merit-based advancement policies and practices are racist;  or
  • Any other form of race scapegoating or race stereotyping.
Of course we agree that teachers shouldn't teach that a child is responsible for the sins of the past!    However, we need to remember what school is about: it’s a place for our kids to learn, not  a place for politicians to turn parents against each other or against our teachers.  Our kids should be taught an accurate view of our nation’s history, including the  good and the bad. The most important lesson about race we can teach our children, as the  Reverend Martin Luther King taught us, is to judge people not on the color  of their skin but on the content of their character, so they can continue the  uniquely American project of trying to make that ideal a reality.

This bill was heard in the Education Committee and the sponsor did make several edits which improved it - it is not as Orwellian as HB 888, which dozens of you wrote to me personally about.  However, I am still concerned this bill could create a chilling effect on classroom discussions of race and racism.   In addition, it adds a resource intensive complaint and appeals process, which will add to administrative burdens to our teachers and principals.  I spoke against the bill on the floor, which you can hear below, and included the student perspective of Katie Guenther.   I voted NO

HB 1178   - this is the Governor’s Parents’ Bill of Rights, which would codify a parent’s fundamental right to direct the upbringing and education of their minor children, create certain standards to prevent schools from infringing upon these fundamental rights, as well as require the school board or its governing body to consult with parents, teachers and administrators to develop and adopt policies that promote parental involvement in public schools.  

Of course all parents have rights and we want them involved in their children's education!  But this bill does not grant any rights that parents don’t already have. Further, I do not think that we do not need to legislate the parent-teacher relationship, which should be based on collaboration and building trust. Under the premise to provide more “transparency” this bill could do more harm than good. I voted NO.
On Friday, March 4, after extensive debate and voting on HB 1178 regarding Parental Bill of Rights and HB 1 regarding first amendment rights on college campuses, I was one of several speaking in opposition to HB 1084, the bill censoring discussion on race and racism in the classroom.   

Local Redistricting Maps Pass

The DeKalb Delegation has passed the local maps redistricting the Board of Commissioners and Board of Education.

SB 466  Map for the DeKalb Board of Education
HB 1250 Map for the DeKalb Board of Commissioners - this is the map drawn by the BOC, preserving the current structure of five districts and two super districts.  This bill was signed by the Governor on March 2nd.  

Thank you to all the citizens who attended the House Delegation's three Public Hearings and providing feedback.  CEO Michael Thurmond has re-authorized the Charter Review Commission, and this should be the body to deliberate the question of re-structuring our form of government.  CEO makes long-awaited appointment to DeKalb charter review commission
 

Other Key Legislation

TAXES
HB1302  provides a one-time income tax refund equal to the lesser of the taxpayer's 2020 income tax liability or $250 for a taxpayer filing as single, $375 for a taxpayer filing as head of household, or $500 for a married couple filing a joint return. The refund is automatically credited once a taxpayer files an individual income tax return for 2021, and any refunds due shall be credited against outstanding income tax liability prior to being either electronically transmitted or sent by check to the taxpayer. - The estimated cost of this tax credit is approximately $1.6 billion. This is the Governor’s election year promise and I think we still have a lot to do to invest in improving lives for Georgian, especially after two dreadful pandemic years. If the refund had been means tested or like a child tax credit refund, I would have supported it. I voted no. 
 
HB1437 the 'Tax Reduction and Reform Act of 2022,'
This $1 billion tax cut package would 
  • eliminate the personal income tax brackets  (the current maximum is 5.75)% and replace them with a flat rate of 5.25%
  • eliminate all standard deductions other than those for charitable contributions 
  • increase the personal exemptions from $2,700 to $12,000 for single and head of household taxpayers and from $7,400 to $24,000 for married taxpayers filing a joint return. 
  • Eliminate income taxes for a family of four on its first $30,000 income. 
  • Keep current exemptions for retirees that excludes up to $65,000 of non work retirement income for taxpayers 65 and older 
The part I am most opposed to is going from a progressive tax, from 1% up to 5.75% and moving to a flat tax of 5.25%.  Flat tax is detrimental for middle income and benefits most those at the very top.  You can read more about this from Georgia Budget and Policy Institute:   House Proposes Massive Tax Cuts for Wealthiest, Slashing State Revenues | Bill Analysis: House Bill 1437 (LC 43 2318S) - Georgia Budget and Policy Institute
This bill was rushed and many of us were shocked that the majority party did not have a Fiscal Note on this astronomical tax cut.  There are so many services we are not providing - we are one of two states that provides no needs based aid for college students, there are 7,000 Georgians with disabilities waiting on NOW/COMP waivers to live with dignity, our state departments are instructed to keep their budgets flat, we have horrible school counselor to student ratios, and of course we could expand Medicaid and insure 500,000 more Georgians, so I voted no on this bill.   
 
INDUSTRY AND LABOR
HB389 Worker Mis-Classification.  This bill was ten years in the making!  This is a pro-small business bill, which protects ethical small businesses that fairly classify their workers, and prevents unethical businesses from cheating the system.  This bill codifies existing case law to determine whether work classifies a person as an employee or an independent contractor. Further, the bill provides for an enforcement mechanism, which adds a civil penalty paid to the Department of Labor when an employer misclassifies its employees. The bill levies penalties on employers who misclassify employees as independent contractors. I voted YES.
 

AGRICULTURE
HB1150 - Bad neighbor bill
House Bill 1150 eliminates definitions for "agricultural area," "changed conditions," and "urban sprawl" in order to prevent a nuisance lawsuit from being brought against a farming operation that has been active for more than one year. The start of a concentrated animal feeding operation (CAFO) shall constitute a separate and independent established date of operation, regardless of whether the CAFO is started on a preexisting farming operation. The bill adds that the provisions of the subsection do not apply if a nuisance is caused by negligence or illegal operations.

Instead of protecting small farmers from nuisance lawsuits this bill will remove certainty from a law that has protected Georgia farmers since 1989. The bill also infringes on private property rights and will discourage big industrial polluters from taking reasonable precautions against pollution. I voted no.

Bills I Sponsored 

HB 1503 Rate Payer Surcharge Relief Act  -   You can see our press release:  Sen. Nan Orrock, Rep. Becky Evans Introduce Legislation to End Plant Vogtle Monthly Surcharge for Customers.

This bill would have passed on immediate savings to our hardworking Georgia families.  I am sad but not surprised it did not receive a hearing.  Georgia Power has a lot of power. 

Thank you to Robert Searfoss and Glenn Carroll of Nuclear Watch and Bobby Baker for their work on this issue and support for Senator Orrock and me.  

HB 1218 Burial Purchaser Protection Act - I wrote in the last newsletter my disappointment over the first cancellation of a hearing, and the Chairman did agree to hear it, after an R member of the funeral home caucus asked with me, but then that second opportunity got postponed due to long session days in the chamber, and now the Chairman has asked me to bring it back next year. 

All I can say for now is I do not advise pre-paying for any funeral home service or burial plot, because the statute of limitations is only for two years after you receive the deed.  And the bad actors in the industry (and their lobbyists) know it.  

On a more positive note, I am hopeful about two House Resolutions that can come up after Cross Over, since they don't have to go to the Senate - 

HR 595 - Urging Georgia Building Authority for Sustainable Building Management Plan for Capitol Campus - 
HR 650 - Literacy Instruction Study Committee

And a Needs Based Aid bill- HB 1435   has a good chance of coming up in Day 27 or 28, before Cross Over ends

In The Community

I loved joining these vibrant girls at the East Lake YMCA Black History Month Parade on February 26!
The Mead Road Mardi Gras in Oakhurst was a wonderful community event benefiting the Decatur Education Foundation!  Thank you to the volunteers who marched with Team Becky!
On March 5 I was honored to attend the outdoor unveiling of the "Black Lives Matter: Stronger Together" mural at Drew Charter School.  Elizabeth Lackey, an 8th grader, designed and painted the letter "S", and Dr. Lisa Whittington is the visual arts instructor who orchestrated this tremendous public art project.  
On March 5, I qualified to run again for the State House in the May 24 Democratic Primary!  Due to the 2020 census and redistricting, our district has changed some, and our new number is HD 89.  I have new friends to make in the precincts of Mary Lin in Atlanta, and Flakes Mill Fire Station and Snapfinger Rd in Ellenwood!  Thank you to the friends who were able to take the time off to support me for qualifying - and to David, the best husband ever!   
Laughter is the best medicine, and and welcome respite from long legislative days and partisan tensions.  Here I share a good laugh with my R colleague Brad Thomas, who is a co-sponsor of HR 595.  I hope you are able to find humor in this crazy world and share laughter with your friends, colleagues and family!
I am honored and privileged to serve as our State Representative. Please let me know if I can be of service to you. 

Yours in Service, 
Representative Becky Evans
Georgia's 83rd House District, DeKalb County
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