Legislative Agenda
HB 330 - which I co-sponsored, was unanimously adopted in the Senate. The bill would change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide that final settlement payments are to be paid by the employer to a person or corporation appointed by the superior court in certain circumstances. The bill goes before the Governor for his signature.
HB 581 - which I co-sponsored, was unanimously adopted in the Senate. The bill would protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training. The bill goes before the Governor for his signature.
HB 706 - which I co-sponsored, was adopted in the Senate by a vote of 47-1. The bill would authorize the governing authority of the City of Lawrenceville to levy an excise tax on hotels, motels, and related entities of 8 percent. The bill goes before the Governor for his signature.
HB 714 - which I authored, was adopted in the Senate by a vote of 47-4. The bill would change the terms of the Norcross Mayor and City Councilmembers and provide that the Norcross Mayor and Councilmembers shall be elected by a plurality. The bill goes before the Governor for his signature.
HR 782 - which I co-sponsored, was adopted in the House. The resolution recognizes the importance of American made products and services in the economic recovery process and pledging to utilize federal funds from the economic stimulus package in a manner that creates jobs in America and Georgia.
In the News
Revenue dip may mean more cuts
March figures a bad sign for state budget
The Atlanta Journal-Constitution
State tax collections dropped again in March and have fallen 19 percent for the first quarter of 2009.
If the trend continues, the more than $3 billion in spending cuts lawmakers made during the 2009 session may not be enough to keep state government's books balanced in the coming year. To read more click here.
MARTA begs state leaders to avert 'calamity'
Legislature fails to pass measure allowing agency to access more of its own money
The Atlanta Journal-Constitution
MARTA board members on Monday called for a special legislative session to avert what they called the economic calamity of shutting down service at least one day a week.
"If something is not done about these issues that were neglected this session, at some point it's going to be too late," MARTA board Chairman Michael Walls said, imploring state leaders to act. To read more click here.
Finale: Surprise tax cut, but no transportation deal
The Atlanta Journal-Constitution
When state lawmakers drove away from the Capitol early Saturday, they left many Georgians facing the possibility of higher property taxes this fall and the prospect of higher utility bills in the future.
They left students facing likely increases in tuition at universities and colleges. And they left metro Atlanta residents with the likelihood that MARTA service will be cut. To read more click here.
Concluye sesión legislativa
Asamblea General de Georgia
Mundo Hispanico
Concluyó la sesión legislativa de este año, con muchos proyectos en veremos y un panorama poco prometedor para algunos residentes del estado.
Gracias a las propuestas de ley que pasaron o murieron en la Asamblea General de Georgia, los impuestos podrían subir para algunos, así como el costo de los servicios públicos y la matrícula en las universidades estatales. Mas sobre este articulo.
2009 Georgia Legislative Update
The first regular session of the 150th General Assembly adjourned Sine Die at midnight. Sine Die is Latin meaning "without day" and the state's constitution says the General Assembly can meet no more than 40 days beginning on the second Monday in January. Lawmakers can space that out however they wish but legislative sessions typically adjourn Sine Die at the end of March or beginning of April.
House and Senate conferees were able to agree on a final version of HB 119 today by a vote of 137-41, the state's FY 2010 state budget that begins July 1st. The $18.6 billion plan uses $1.3 billion in federal stimulus money to balance and includes $1 billion in spending cuts. The budget restores cuts to Medicaid and provider fees that were proposed by the Governor and would have devastated hospitals and medical treatment for the poor.
Senators also agreed before midnight to the House version of SB 200 sending it to the Governor. The legislation creates a new position of Director of Planning at the Department of Transportation, who is appointed by the Governor. They are charged with developing a long term plan for the DOT which is submitted to the Governor and General Assembly for approval. But, DOT board members and rank and file House and Senate members, who have a say in what projects are funded now, would have their power limited under the bill. In turn, House and Senate leaders and the Governor would have greater authority over the DOT appropriations process. The DOT Commissioner would still be appointed by the board but would only be responsible for running the department and implementing the long range plan.
What Georgians did not see this session is an agreement on a much needed transportation funding proposal. The House version was a constitutional amendment calling for a statewide 1 cent sale tax that, if approved by the voters, would have raised $25 billion over ten years for transportation projects. Senators insisted on a plan allowing contiguous counties to band together and vote to pass a 1 cent sales tax for transportation projects in that region. House and Senate conferees could not agree and any solution for funding transportation in Georgia is dead for another year.
The House passed and sent to the Governor HB 438 which provides certain Georgia employers a $5,000 tax credit for creating new jobs. An amendment was added in the Senate mandating that those applying for the credit must go through an electronic verification system to ensure that the employee is not an illegal immigrant.
In the same vain, House members adopted the conference committee report on HB 481 by a vote of 112-52, which provides a $2,400 tax credit for corporations that hire those who have been unemployed for at least 4 weeks. However, the legislation was amended to cut the capital gains taxes by 25 percent on investment earnings in 2010 and 50 percent in following years.
Another measure adopted in the House was HB 261. Lawmakers agreed to the conference committee report of HB 261 by a vote of 158-5. The bill provides a $1,800 tax credit to first time home buyers and will be spread out over three years. Originally the bill called for a $3,600 tax credit.
In an effort to help improve the Department of Human Resources the House passed HB 228 that reorganizes one of the largest agencies in state government. Under the bill the current responsibilities of the Division of Mental Health, Developmental Disabilities and Addictive Diseases under DHR would be replaced by a new Department of Behavioral Health and Developmental Disabilities that would be overseen by a council appointed by the Governor. Additionally, the legislation moves the public health division into the new Department of Community Health. DCH would also be overseen by a new public health advisory council.
Georgians will also be able to formally adopt embryos with the final passage of HB 388 by a vote of 108-61. It allows parents to bring the embryo to life and be the legal parents. Under the bill, a human embryo is defined as a fertilized egg, from the single-cell stage to 8-week development.
Other bills of interest were:
SB 246 - was unanimously adopted by the House. The bill would provide notice of the release of a child from detention under certain circumstances. Specifically, if a child accused of a violent delinquent act is detained pending adjudication the juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention. Furthermore, if a child has been convicted of a crime, the juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release, not less than 48 hours prior to the release.
SB 20 - was adopted in the House by a vote of 124-28. The bill would prohibit immigration sanctuary polices by local governmental entities. The bill now goes before the Governor for his signature.
SB 86 - was adopted in the House by a vote of 104-67. The bill would provide that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations. The bill now goes before the Governor for his signature.
SB 67 - was adopted in the House, but the Senate did not approve the House substitute thereby killing the bill. The measure would have provided that drivers' license examinations shall be administered only in the English language.
2009 Georgia Legislative Update
Legislative Day 40 and adjournment of the session Sine Die is currently scheduled for next Friday (April 3rd).
SB 83 - the House did not adopt the measure which would20have mandated a statewide increase in the homestead exemption from the current $2,000 to $3,000 in 2011 and to $4,000 in 2012. The bill failed to receive a constitutional majority 109 - 63, largely due to the objections of House Democrats, who argued that the change would require cities and counties to either cut services or raise taxes.
HB 385 - is in the Senate Rules Committee. The bill would extend the State Commission on Family Violence by doing away with the sunset provision. It is crucial that in the next few days, all the members of the Senate Rules Committee hear from as many Georgians as possible about how important HB 385 is. They need to hear that if we don't pass HB 385 this session, we won't get another chance. We won't be able to try again next year, because the Commission will have already ceased to exist. For a list of committee members click here.
HB 229 - was adopted in the Senate by a vote of 34-14. The bill would require local school systems to conduct an annual fitness assessment and to comply with state physical education instruction requirements. HB 229 now awaits final signature by the Governor.
HB 193 - is in the Senate Education and Youth Committee. The bill would provide for a 180 day school year or the equivalent.
HB 254 - is in the Senate Judiciary Committee. The bill would provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order.
HB 228 - is in conference committee due to a
committee substitute restoring the Governor's original plan to join public health and DCH in a new Health Department, but placing Developmental Disabilities in the new Department of Behavioral Health as opposed to leaving it in the reconstituted Departmen t of Human Services.
SB 5 - A hotly debated measure requiring the use of seatbelts in pickup trucks failed in a House subcommittee. A subcommittee of the Consumer Affairs Committee voted 4 - 3 against a bill that would require drivers of pickup trucks in Georgia to wear seatbelts. Georgia is the only state in the nation that doesn't require seatbelts to be worn in pickup trucks.
HB 481 - 482 - were adopted in the Senate by a vote of 43-7 and 46-6 repsectively. The bills would create and preserve jobs by phasing out the corporate income tax; eliminating the sales tax deposit; eliminating the state inventory tax and giving businesses a $500 credit toward unemployment insurance tax and $2,400 income tax credit for each eligible employee hired.
SB 39 - was adopted in the House by a vote of 122-42. The bill would propose a statewide 1% sales tax to fund transportation improvements in Georgia. The measure would raise approximately $22 billion, and contains a long list of projects across the state of Georgia that would be eligible to be funded by those new dollars.
SR 44, which proposes to amend the Constitution, via a referendum, to enable SB 39 has yet passed through the House Transportation Committee.
SR 277 - passed through the House Ways and Means Committee. The resolution proposes an amendment to the Georgia Constitution adding a $10 surcharge on all car tag purchases. The proceeds of that surcharge would be used to fund Georgia's trauma network.
HB 480 - passed through the Senate Finance Committee. The bill would eliminate the unpopul ar "birthday tax," and also eliminate sales taxes on the purchase of automobiles. Instead, it proposes a new title fee capped at $2,000 for each transaction. Part of the proceeds of that system would be appropriated for the Georgia Trauma Care Network Commission; however, that amount will be capped at $150 million.
HB 160 - was adopted in the Senate by a vote of 42-10. The bill would charge drivers convicted of superspeeding an additional $20 to fund the trauma care system in Georgia. In 2007, traffic accidents on Georgia's roadways caused more than 1,600 fatalities. The overall cost of accidents totals $7.8 billion a year. The Super Speeder legislation will generate approximately $23 million in Fiscal Year 2010. The bill heads to the Governor's office for his signature.
SB 156 - passed through the House Health and Human Services Committee. The bill would enhance the ability of the Trauma Commission to perform their duties, and also protects the ability of the Commission to only use the money for designated trauma operations.
SB 122 - was adopted in the House by a vote of 161-1. The bill would repeal the Georgia Retiree Health Benefit Fund and puts in its place two new funds, the Georgia School Personnel Post-employment Health Benefit Fund and the Georgia State Employees Post-employment Health Benefit Fund. The reason for the news funds is because the Federal Accounting Standards Board issued new regulations for states to report all future post-employment benefit liabilities. Furthermore, the legislation says that when the $140 million trust is divvied up each fund will receive the amount its respective employers contributed. The bill heads to the Governor's office for his signature.
SB 170 - was unanimously adopted by the House. The bill would prohibit certain companies that have certain business operations in Sudan to bid on or submit a proposal for a Georgia state contract. The legislation does not impact any current or existing contracts. The bill heads to the Governor's office for his signature.
SB 13 - was unanimously adopted by the House. The bill would allow District Attorneys to seek a sentence of life in prison without parole without having to seek the death penalty. The bill heads to the Governor's office for his signature.
SB 89 - was unanimously adopted by the House. The bill would allow transit companies, such as MARTA, to sell food and beverages at their transit stations. An amendment to SB 89, which would have allowed concealed weapons in the Atlanta airport, was defeated. The bill heads to the Governor's office for his signature.
SB 165 - was adopted in the House by a vote of 155-7. The bill would authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for Medicaid and the PeachCare for Kids Program applicants.
SB 155 - was adopted in the House by a vote of 106-58. The bill would remove "ephemeral streams" from the list of state waters that require a 25 foot buffer. Rep. Benfield joined the Georgia Sierra Club in opposing the legislation since it will permit greater development along ephemeral streams. The bill heads to the Governor's office for his signature.
SB 14 - was adopted in the House by a vote of 161-1. The bill would require that no person who is on the national or state sex offender registry shall be eligible for election to or service on a local board of education.
SB 210 - was unanimously adopted in the House. The bill would allow home schooled students to participate in the Governor's Honor Program.
2009 Georgia Legislative Update
The General Assembly is now scheduled to end Sine Die=2 0on April 3rd with the passage of a new adjournment resolution on Thursday, March 5th. Lawmakers were scheduled to break until June and come back for 5 days and write a state budget based on whether the state received federal stimulus money. But since that has been determined and the Governor has already lowered the revenue estimate accordingly, leaders can go back to a more normal scheduled ending in the beginning of April.
Legislative
HB 118 - Gov. Perdue signed the FY 2009 Amended Budget compromise the General Assembly had adopted earlier in the week for the rest of the year ending June 30th. In DHR, it restored half of the 3.5 percent cut to health department grant-in-aid he had proposed and added another $1.2 million. It also appears to have restored child placing agency rates for the lowest three levels of care for the remainder of the fiscal year. The conference committee agreed with the House to provide $2.5 million in adult mental health for non-Medicaid reimbursable services instead of the Senate's $3.4 million. In a number of areas, state funds were reduced to reflect temporarily available federal stimulus funds.
HB 119 - was adopted in the House by a vote of 123-49. This is the state's $18.6 billion budget for fiscal year 2010 which begins July 1st of this year. The budget originally proposed for 2010 was $20.2 billion. It now stands at $18.6 billion, a $1.6 billion reduction because of lower than expected revenue. However, the spending plan is propped up with at least $1.1 billion in federal stimulus funding from President Obama and Congress that softens the cuts to critical programs. The budget also restores Medicaid reimbursement rates, which Governor Perdue sought to cut by 10 percent, and the 6 percent provider rates that he also wanted to stop.
The 2010 budget also puts into motion the largest property tax increase in Georgia's history. HB 119 does not include $428 million for the Homeowner Tax Relief Grants that are passed onto local governments and shield taxpayers an additional $200 to $300 in property taxes.
HB 356 - due to the 2010 budget not allocating funds for the Homeowner Tax Relief Grants, several members of the House introduced HB 356 to assist local governments by allowing them to collect their own sales taxes.
HB 229 - was adopted in the Senate by a vote of 34-14. The bill would require local school systems to conduct an annual fitness assessment and to comply with state physical education instruction requirements.
HB 385 - was adopted in the House by a vote of 149-6. The bill would repeal the date on which the State Commission on Family Violence shall cease to exist.
SB 155 - was passed by the House Natural Resources and Environment Committee. The bill would address best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters.
HR 673 - the House defeated the resoluti on by a vote of 68-70. This was a privilege resolution honoring President Obama for his election as the first African American President, recognizing his past achievements and making him an honorary member of the Georgia Legislative Black Caucus. The bill was eventually adopted by a vote of 143-2.
HR 334 - was adopted in the House by a vote of 92-55. The resolution urges the Congress of the United States to oppose the Freedom of Choice Act which states,"it is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman." However, the Freedom of Choice Act is not up for debate in the 111th Congress.
SB 80 - was unanimously adopted by the House. The bill would require food processors to report lab results of any poisonous or deleterious substances in their products within 24 hours to the Department of Agriculture. Furthermore, this legislation requires those records be kept by the processor for a minimum of 2 years and they must make those records available to the Department of Agriculture upon request by the department. Violators could be charged with a felony.
HR 161- which I co-sponsored, was adopted in the House by a vote of 122-34. The resolution would compensate Mr. Jerome White who, through DNA testing, was found to be wrongly convicted of rape in 1979. HR 161 compensates him $700,000 from the state for his time in prison. The funding is spread out over 20 years as long as he does not commit another crime.
HR 562 - was unanimously adopted by the House. The resolution encourages all Georgians to be aware of blind pedestrians and their rights. It also directs the Department of Driver Services to review and assess their current efforts to inform new and experienced drivers that persons with visual impairments have the right of way at all times.
2009 Georgia Legislative Update
The General Assembly is now scheduled to end Sine Die on April 3rd with the passage of a new adjournment resolution on Thursday, March 5th. Lawmakers were scheduled to break until June and come back for 5 days and write a state budget based on whether the state received federal stimulus money. But since that has been determined and the Governor has already lowered the revenue estimate accordingly, leaders can go back to a more normal scheduled ending in the beginning of April.
Legislative
Both the House and Senate approved final versions of the supplemental budget for fiscal year 2009, which ends June 30. The $18.9 billion proposal reflects approximately $2 billion in spending cuts due to a severe downturn in revenues over the past year. Additional cuts would have been necessary if not for the federal stimulus funding making its way to Georgia.
The new budget restores the $428 million in homeowner tax relief grants that had been cut by Gov. Perdue, saving the average Georgia homeowner $200 to $300 in property taxes. Also, $145 million in federal stimulus money was included to offset the governor's cuts to local school funding. The governor signed HB 118 into law last Friday. Meanwhile, work continues in the legislature on the annual budget for fiscal year 2010.
HB 243 - was adopted in the House by a vote of 92-79. The bill would repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards. If this bill becomes law, Georgia will be the only state in the nation not to have National Board of Certification for teachers. 2,500 educators have gone through the successful program, thereby providing our students the exceptional training they need to succeed in a 21st century global economy.
HB 509 - was adopted in the House by a vote of 140 24. The bill would add one consumer member onto the State Medical Board.
SB 57 - was adopted in the Senate by a vote of 43-9. The bill would ban prepayment penalties on subprime loans, requires lenders to verify a borrower's income and bans kickbacks for mortgage brokers.
HB 568 - was adopted in the House by a vote of 91-85. The bill would eliminate the rotating one-year term for the PSC chairman position. Instead, the PSC chairman would be an elected position serving a three-year term - with no term limits.
HB 417 - was adopted in the House by a vote of 155-13. The bill would require that in the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy shall control the resolution of the dispute or complaint.
HB 381 - was unanimously adopted in the House. The bill would require the county board of health to contact the Georgia Department of Agriculture if they suspect violations within 'food processing plants' and to contact the United States Department of Agriculture Food Safety and Inspection Service if the processing plant in question is operating under a federal grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service.
SB 17 - was unanimously adopted in the Senate. The bill would increase filing fees and fines for campaign disclosure reports, financial disclosure statements, and lobbyist disclosure reports that are filed late.
SB 7 - was adopted in the Senate by a vote of 50-1. The bill would require that an oath be taken if the legislative chair requires it for testimony to be given in any committee or subcommittee of the General Assembly, legislators excluded. Witnesses could be guilty of a perjury charge on the material facts, a $1000 fine and 1-5 years incarceration.
HB 323 - was unanimously adopted in the House. The bill would extend the period of review for the Supreme Court's consideration of applications for pretrial proceedings in cases in which the death penalty is sought form 20 days to 45 days.
SB 36 - was unanimously adopted in the Senate. The bill provides for the adoption of codes of ethics to govern members of local boards of education and for an annual review of those codes.
HB 123 - was adopted in the House by a vote of 157-3. The bill would expand the definition of "child molestation" to include abuses through direct or indirect contact between the accused and the victim, including contact by electronic means, the Internet, or telephone.
SB 67 - was adopted in the Senate by a vote of 37-14. The bill would require all written and oral drivers license examinations shall be administered only in the English language; except for persons eligible for a temporary license.
HB 248 - was adopted in the House by a vote of 166-1. The bill would allow hazardous waste sites that meet specific criteria to voluntarily design their own remediation and cleanup.
HB 481 -was adopted in the House by a vote of 164-4. The bill would provide an income tax credit of $2400 for each employee who had previously been unemployed and who stays on the job for 24 months. Suspends new business registration fees with the Secretary of State. Creates a tax credit of $500 per employee against unemployment insurance taxes for hiring an unemployed worker. A sales tax deposit of estimated sales tax collections of one month is eliminated.
SR 453 - was adopted in the Senate by a vote of 44-8. The resolution creates a two year 18 member study committee to study the state tax structure. Six members appointed by Lt. Governor, six by Speaker, and six by governor. Each appointer must select an ordinary taxpayer among their six appointees.
HB 480 - was adopted in the House by a vote of 133-39. Starting 2010, motor vehicles titled in Georgia will not be subject to sales tax or ad valorem tax, but to a one-time state and local title fee in the amount of the lesser of $2000 or 7% of the value of the vehicle. Salvage titles will be subject to a $20 title fee only. Motor vehicles titled prior to 2010 will continue to pay ad valorem taxes. This legislation also includes the intent of the General Assembly to use $150 million (or $50 per title) of the state title fee revenues to fund trauma.
HB 44 - was unanimously adopted in the House. The bill would provide the application of zero-based budgeting to the budgeting process. The Office of Planning and Budget will determine which programs will be subject to zero-based budget recommendations in each year, which will occur no more than once every three years, but no less than once every four years. It also provides analysis of department and program objectives, considers alternative funding levels, and develops priority lists for departments. Also specifically states that the Board of Regents of the University System of Georgia is considered a budget unit and will be periodically subject to zero-based budgeting.
2009 Georgia Legislative Update
The General Assembly is now scheduled to end Sine Die on April 3rd with the passage of a new adjournment resolution on Thursday, March 5th. Lawmakers were scheduled to break until June and come back for 5 days and write a state budget based on whether the state received federal stimulus money. But since that has been determined and the Governor has already lowered the revenue estimate accordingly, leaders can go back to a more normal scheduled ending in the beginning of April.
As well, "cross over day," which is the last day bills can cross from one chamber to the other for the first time, will be on Thursday, March 12, 2009.
Legislative
In response to the Octo-Mom phenomenon, legislators have introduced two bills to prevent a similar scenario from occurring in Georgia. SB 169 would limit the number of eggs a woman could have artificially fertilized or implanted to three and HB 388 would create a legal mechanism for the adoption of embryos. HB 388 passed the House Judiciary (Civil) Committee and is now pending in the House Rules Committee.
HB 606 - would provide humane methods for euthanasia of animals and training of certain persons authorized to euthanize animals.
HB 277 - was adopted in the House by a vote of 149-18. The bill is enabling legislation that establishes a trust fund to manage the one cent sales tax revenue collected and a subsequent oversight committee to oversee those funds. As a strong proponent for commuter rail, I voted against HB 277 because the inflexible funding limit would make it difficult to operate any of the rail lines.
HR 206 - was adopted in the House by a vote of 151-15. The resolution calls for a constitutional amendment levying the one cent statewide sales tax for transportation improvements. It required 120 votes in the house and would be on the November 2010 ballot for approval by the voters.
SB 39 - was adopted in the House by a vote of 122-42. The bill would allow 60 percent of MARTA funding to go towards operations and 40 percent be for capital expenditures. The current split is 50/50 and is hindering MARTA's ability to meet operational costs.
HB 280 - was adopted in the House by a vote of 128-36. The bill would provide more compensation for new math and science teachers that are certified by the Professional Standards Commission and are teaching in secondary schools. They would start at a step four salary level which is equivalent to six years of credible service and $4,500 more than a starting teacher's salary. Another provision requires they show that student achievement increased every year to keep the step pay raise.
Additionally, a kindergarten or elementary school teacher in a local school system who receives an endorsement in mathematics, science, or both from the Professional Standards Commission shall receive a stipend of $1,000.00 per endorsement for each year each such endorsement is in effect. This would last up to a maximum of five years and would take effect in 2010.
HB 45 - was adopted in the House by a vote of 102-63. The bill would require citizens seeking who register to vote to provide proof of U.S. citizenship. A driver's license, birth certificate, passport, naturalization papers and other documents are acceptable for proof of citizenship.
HB 184 - was adopted in the House by a vote of 155-1. The bill would require the Department of Human Services to post on its website information describing the importance of obtaining a blood test for sickle cell disease. The information shall recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease. The Department shall also make such information available to probate courts to give to all marriage license applicants.
2009 Georgia Legislative Update
SB 31 - which passed last Thursday by a vote of 107-66, would allow Georgia Power to raise its rates to finance the expansion of two nuclear reactors at Plant Vogtle in Augusta, six years ahead of when it is scheduled to be up and running. The expansion is expected to cost $14 billion.
HB 385 - was passed by the House Appropriations Committee. The bill would repeal the date on which the State Commission on Family Violence would cease to exist.
HB 118 - is the $19 bi llion supplemental budget, which is a revised spending plan for the current fiscal year that ends June 30th. The measure passed last Thursday by a vote of 168-5 and accounts for millions in federal funding to plug budget gaps because of a revenue shortfall due to the current economic recession. Originally the measure did not contain $428 million for the homeowner tax relief grants that go to local governments which would have cost property owners an additional $200 to $300. But, due to the stimulus package, Georgia budget writers were able to use freed up monies to fund the grants. The measure also includes $145 million in federal funds for Georgia's schools and $40,000 for additional inspectors at the Department of Agriculture after the recent salmonella outbreak at a peanut butter processing plant in Blakely Georgia. The spending plan also accounts for the furloughing of state employees in the Department of Human Resources and Department of Corrections.
HB 100 - was adopted last Monday in the House by a vote of 98-69. Last session the General Assembly adopted HB 1133, which gives private citizens and corporations income tax credits for donating money to nonprofit scholarship organizations that provide scholarships. HB 100 seeks to expand on the provisions of HB 1133, by making it easier for small20business to take advantage of the tax credit program. Furthermore, it streamlines the process to create scholarship organizations and for donors to get approved for the tax credits. Under HB 1133 there is a $50 million cap on the total amount of credits available.
HB 149 - was adopted by the House by a vote of 154-6. The bill would allow high school juniors and seniors to attend, if accepted, post secondary colleges or school and receive high school credit that would count towards their graduation. Unlike joint enrollment, this legislation allows students to leave high school entirely to complete the necessary graduation requirements. The Georgia Department of Education would use state funds to pay for the tuition, or the amount the school pays for the student's high school education, whichever is less.
HB 120 - was unanimously adopted by the House and would continue the annual sales tax holiday for school supplies and energy and water efficient products. The dates for the school supplies exemptions are July 30 - August 2. The products which will be exempt from state and local sales taxes during this time are clothing and footwear with a sales price of $100.00 or less, computers and computer accessories with a sales price of $1,500.00 or less, and general school supplies with a sales price of $20.00 or less. The sales tax exemptions for energy and water efficient products with a sales price up to $1,500.00 when purchased for home or personal use are October 1 - 4, 2009.
HB 229 - was adopted in the House by a vote of 116-42. The bill would keep students fit by requiring local school systems to have an annual fitness assessment and to comply with state physical education instruction requirements. Results would be reported annually to the Governor.
HB 101 - was unanimously adopted by the House and would allow for advertising in or on transit agencies vehicles and facilities. With the exception of MARTA, advertising on transit agencies vehicles and facilities is currently not allowed.
HB 156 - was unanimously adopted by the House and=2 0would provide that elected magistrate judges who are performing ordered military duty may continue in office and be eligible for reelection during such duty.
SB 39 - The bill, and a companion measure SR 44, would create Special Purpose Local Option Sales Tax (SPLOST) districts to fund transportation. Under the legislation, Atlanta-area counties could vote for a SPLOST district, then hold a referendum on a list of transportation proposals to be funded by a 1% (or less) regional tax.
A competing House plan, HB 277, along with HR 206, call for a statewide 1% sales tax for transportation, but there is no guarantee any of the money raised would go for transit. SB 39 and HB 277 are both scheduled for debate and a vote on the House Floor on Tuesday, March 3, 2009.
SB 120 - was adopted in the Senate by a vote of 39-9. The bill would allow a transportation services contract to authorize the extension of or addition to the Metropolitan Atlanta Rapid Transit Authority's existing rapid rail system.
2009 Georgia Legislative Update
HB 251 - was adopted in the House by a vote of 139-23 and would amend the organization of schools and systems under the "Quality Basic Education Act". Under the bill, a public school student can attend any school in the local school system under certain conditions.
A parent/guardian may elect to enroll their student in a public school that is not assigned to him/her by the local board of education. This is allowed as long as the school has permanent classroom space available after its assigned students have been enrolled.
HB 237 - was unanimously adopted by the House and would increase the adoption of hard to place children by allowing subsidies to be granted to families that adopt these special needs children.
HB 294 - which passed the House by a vote of 158-1, states that no creation or consolidation of technical colleges can be considered without input from the legislature. Georgia has outstanding technical colleges and 80 percent of the people graduating from a technical college do so with a job.
HB 326 - was adopted in the House by a vote of 164-2 and allows anyone in Georgia who wants to sell licenses to do so but also has many other provisions. Sportsman can now get hunting or fishing licenses online or by phone. It provides for a $2.75 discount for those purchasing licenses before they expire and eliminates the primitive weapons license. In addition, the legislation increases hunting fees for non-residents, which is expected to raise $2.2 million and allows for a combined hunting and fishing license. Georgia is the number one destination in the nation for hunters.
HR 1 - was a constitutional amendment that capped property tax assessment increases at 3 percent for residential and=2 0commercial properties. The measure failed to receive the necessary 120 votes for passage last week but today was reconsidered by a vote of 101-58 and now goes back to the Rules Committee.
HB 233 - passed the House by a vote of 110-63 last week and would place a two year moratorium on property tax assessment increases.
HB 39 - would increase the tobacco tax on cigarettes by $1 per pack to generate new revenue.
HB 229 - was passed by the House Education Committee and would create the SHAPE (Student Health and Physical Education) Act. Beginning in 2011-2012, students enrolled in physical education in grades 4 - 12 must have an annual fitness assessment approved by the State Board of Education.
HB 307 - would broaden an existing provider fee for Medicaid=2 0managed care organizations to all commercial HMOs in Georgia and implement new provider fees for hospitals. Revenue from the fees will be used to protect funding for Medicaid and PeachCare programs.
SB 92 - would dismantle current Medicaid and PeachCare programs, allowing low-income families to receive premium assistance to purchase private sector health insurance plans.
HB 278 - would ease expenditure controls for Quality Basic Education for 2008-2009 and 2009-2010 school years to help local school systems dealing with deep budget cuts.
HB 193 - would allow the requirement for a 180-day school year to be defined as an hourly equivalent. School districts could lengthen the school day and have a four-day school week. HB 198 contains the same language.
SB 90 - would provide a=2 0voucher for parents to enroll a public-school child in another school within the local school system, or in a private school. The school has discretion to accept the child in accordance to policy.
HB 290 - would provide for an increase to the minimum wage and subsequent cost-of-living increases.
HB 245 - allows a juvenile court to suspend the driver's license of a child below age 17 if charged with a delinquent act.
2009 Georgia Legislative Update
Executive
Roadmap for Affordable and Reliable Energy
Governor Sonny Perdue announced last week the completion of an update to the State Energy Strategy for Georgia (Strategy). Published by the Georgia Environmental Facilities Authority (GEFA), the 2009 State Energy Strategy Update includes a profile of Georgia's energy consumption by sector, an implementation summary of the original Strategy's recommendations, and an updated list of next steps to secure Georgia's energy future. To obtain an electronic copy of the document click here.
Legislative
HB 233 - Following the vote on HR 1 (please see above) the House immediately began debate on HB 233. It was the enabling legislation for HR 1 and a fall back position if HR 1 failed, which it did. HB 233 places a moratorium on property value reassessment increases for two years (residential and non-residential) as of approval by the Governor in 2009. It would end in January 2010. In addition, the legislation states in the two year period that property values would have to be re-assessed though not applying to new construction, rezoning or in counties with millage caps. The House passed HB 233 by a vote of 110-63.
HB 71 - was adopted in the House by a vote of 161-13. The bill would remove a defense to a charge of manufacturing, selling, or distr ibuting false identification documents.
HB 116 - was adopted in the House by a vote of 134-31. The bill would extend the sales tax exemption for parts used to repair airplanes that are not registered in Georgia.
HB 231 - was adopted in the House by a vote of 129-35. The bill would expand the scope of projects for registered interior designers to include non-load bearing projects in existing structures.
HB 356 - would put additional funds into the state's shrinking coffers by streamlining government and improving the sales tax collection process. The bill transfers control over collecting sales taxes from the state Department of Revenue to local governments, allowing them to contract with private firms. Similar plans have been tried in other states, notably Alabama, which saw a revenue increase of over $1 billion.
Rep. Marin Joins Other Georgians for Poor People's Day at the State Capitol
Atlanta Progressive News
About 75 local and state activists descended on the Georgia State Capitol Thursday, February 12, 2009, via a boisterous caravan to unveil The People's Bailout, a plan for ordinary Georgians.
Several progressive constituencies hold lobby days while the Georgia legislature in session. Similar to last year, this year's 29th Annual Poor People's Day involved a caravan, which launched from the Metro Atlanta Task Force for the Homeless and ended at the Georgia Capitol. Click here to read more.
Rep. Marin Fights to Protect Homeowners and Local Control
State Representative Pedro Marin (D-Duluth) protected homeowners and local control with a NO vote on HR 1 on Thursday, February 12th. HR 1 called for a 3 percent statewide property tax assessment cap on residential and commercial properties. It required a two-thirds vote in the Georgia House of Representatives because it was a Constitutional Amendment, but failed by a count of 105-67.
"HR 1 would have shifted the tax burden to homeowners, halted new business from coming to Georgia and forced our schools to endure even more cuts, possibly resulting in teacher layoffs," said Representative Stuckey Benfield. "During these tough economic times the state should partner with local governments to do what is best for the citizens of Georgia instead of trying to take away local control and shift responsibility.
For more information on HR 1 please visit the Association of County Commissioners of Georgia website.
Peanut Recall Update
For an updated list of all the products recalled for possible Salmonella contamination, see the FDA's list of recalls.
Friends and family who do not have access to the Internet can call CDC for a list of products recalled at 1-800-CDC-INFO.
For information about the outbreak and Salmonella the consumer can check the CDC website.
Consumers can also check the American Peanut Council website for a list of companies that are not involved in the recall and click on Salmonella updates.
2009 Georgia Legislative Update
Governor Perdue Announces January Revenue Figures
Governor Sonny Perdue announced today that net revenue collections for the month of January 2009 (FY09) totaled $1,575,265,000 compared to $1,837,297,000 for January 2008 (FY08), a decrease of $262,032,000 or 14.3 percent. The percentage decrease year-to-date for FY09 compared to FY08 is 4.8 percent.
Legislation
Amending HOPE Trigger Reductions (HB 157) -Georgia's lottery is the envy of all lotteries around the country. Known as one of the best performing year after year it is able to provide thousands with the Hope Scholarship and Pre-K. With that said, the House voted today for HB 157, 159-0.
In 2004 the General Assembly passed legislation that requires book allowance for the HOPE Scholarship to be cut in half if the state has to use reserves to pay for the programs. The fear was that expenses would outpace lottery revenues.
But HB 157 changes that by saying book allowances would only be cut after lottery revenues dropped well below the cost of the program. The hope is to keep the 2004 law from going into effect and denying books for HOPE scholars. Some students can pay as much as $400 for books per semester.
Projections indicate there will be a $55.8 million increase in HOPE and Pre-K expenses and current lottery revenue figures cannot keep up with this pace. Consequently, this would wipe out books for HOPE Scholars.
Transportation Sales Tax (SB 39) - was overwhelmingly approved by the Senate 52-3. The bill allows special transportation districts across the state to offer referenda calling for a 1 percent sales tax to be used to fund transportation projects in those districts. Enabling legislation for SR 44 was also adopted by a vote of 53-2.
In other news, House Republican leaders introduced legislation calling for a state-wide sales tax increase, subject to approval by the voters in 2010, to go for transportation projects. Included in the legislation is a list of projects on how the funding would be spent. This is expected to raise $25 billion over 10 years and then end at that time. It would be managed by the State Road and Tollway Authority and an oversight committee would be charged with making sure the money is spent on the approved projects. The Governor would have three appointments and the Lt. Governor and Speaker of the House would each have four appointments.
Trauma Funding (HB 148) - would establish a fee on vehicle tags to fund trauma care. HB 160 would increase fines on "super-speeders" to fund trauma care in Georgia.
School Board Accountability (SB 84) - would require more accountability of local school boards by standardizing board ethics policies and board training, clarifying law delineating the roles and responsibilities of superintendents and board members and creating minimum qualifications for board candidates. The bill also gives the state the ability to find responsible citizens to serve on school boards when existing members fail to serve the interests of their students.
United Way of Metropolitan Atlanta Legislative Update
Extension of Legislative Session
A busy week ended with the Georgia General Assembly, at day 15 of a maximum 40, agreeing to slow their work down, concluding this year's session during the week of June 22nd.
Between now and March 25th, they will officially meet Tuesday through Thursday, saving five days in June to wrap-up and adjourn.
This unprecedented move gives lawmakers time to prepare for a number of different scenarios. First the Governor may need to revise the state revenue estimate downwards forcing even more budget cuts, and at this point nobody is really sure by how much. January revenue collections were 14.3 percent less than collected in January, 2008.
Second, lawmakers will be able to factor the effect of a Congressional stimulus package, not yet passed, into the state budget. And finally, by tying up most of their work by March 25th, lawmakers will be in a position to override some of Perdue's anticipated vetoes, including one to restore $428 million in Homeowners Property Tax Relief Grants this year.
Budget
Lawmakers convened to contend with a $2.2 billion budget deficit which grows to $2.8 billion by restoring the Homeowner Grants. The state's declining revenue collections could push the deficit well beyond $3 billion.
For more than a decade, Georgia has systematically cut all of the fat from its budget. When these lean times arrived, there was nothing left to trim but the health and human services Georgians now need most.
The dollar figures associated with each budget cut don't begin to convey the pain needy Georgians will feel, but readers who want these can find them among the Georgia Budget & Policy Institutes' publications.
As more breadwinners lose that paycheck, basic needs must still be met - the rent or mortgage, food, utilities and transportation - but with fewer DFCS eligibility workers, even those of us who qualify for help won't get it.
When we lose health insurance, we won't be able to rely upon the county health department or a community clinic. Instead, we risk ending up in a hospital emergency room, forcing us into bankruptcy.
Some of us will become eligible for Medicaid, but Georgia may be unable to contribute enough matching funds to cover us or the care we need. And while Congress has reauthorized law increasing resources for PeachCare, coverage depends upon state matching funds (25 percent) and family premiums.
Children traumatized by unstable conditions experience developmental and learning challenges. At best, they will find themselves in an overcrowded classroom and without access to a school nurse. If we ourselves need to retrain for a new career, educational resources may not be at the ready either. And for those lucky enough to land a job, don't count on any help with childcare expenses to tide you through.
Finally, we know that in troubled times, more of us suffer mental depression, abuse alcohol and drugs, or are prone to child abuse and domestic violence at home. But we shouldn't count on much help, because the resources won't be there. Even those of us not directly affected by the recession or housing crisis must contend with the blight posed by vacant properties that make our neighborhoods unsafe, but supports to do so are few.
Charities alone won't be able to fill these needs. Please call or write your legislator to ask his or her help in restoring cuts now under consideration. Most of these are to be found in the Departments of Human Resources, Community Health and state education budgets.
We the People Need a Lobbyist
Atlanta Journal Constitution
Roy Barnes
Many Georgians have watched with trepidation the growing influence of the special interests and their private agents - their lobbyists - in controlling public policy in the halls of our state Capitol. I, for one, have come to the conclusion that since gifts blind the wise, the only way we the people can combat this growing influence with our elected officials is to hire our own "People's Lobbyist" and make sure that he or she has an expense account with enough money to be able to ply the General Assembly with the finest food and wine, tickets to any event they desire, and maybe even a jet aircraft so our elected officials can make sure they will not be tardy for their junkets. To read more click here.
2009 Georgia Legislative Update
Homeowner Tax Relief Grant (HB 143) -This bill commits the General Assembly to fully fund the Homeowner Tax Relief Grants program for the current fiscal year. It also puts provisions in place for funding the grant in future years. Although the bill had opposition, it passed with bi-partisan support in a vote of 117-55.
I voted against House Bill 143 which is the largest property tax increase in Georgia's history during a time when our economy is in peril and people are losing their jobs and homes. It eliminates the $428 million Homeowner Tax Relief Grants pledged in 1999 under former Governor Barnes. These grants are then passed on to local governments as tax credits to property owners. Future Homeowner Tax Relief Grants would be subject to triggers and not having these grants go to local governments means homeowners could pay an additional $200 to $300 in property taxes, beginning with the 2009 tax bills.
HR 1 - would amend the Georgian Constitution so as to cap reassessment valuation of both residential and nonresidential property except during periods of inflation. This bill would cripple public schools, shift tax burden onto homeowners and eliminates local control.
HR 7 - would amend the Constitution so as to provide that the General Assembly shall have the duty to appropriate funds each year to provide homeowner tax relief grants with a benefit equivalent to a homestead exemption of not less than $8,000.00 and not more than $18,000.00 of the assessed value of a taxpayer's homestead or the taxpayer's ad valorem property tax liability on the homestead, whichever is lower. This bill is in response to HR 1.
The Shape Act of 2009 (HB 229) - would require local school systems to conduct an annual fitness assessment and to comply with state physical education instruction requirements.
Governor Perdue Introduces Legislation to Restructure the Department of Human Resources
Governor Sonny Perdue announced today that Rep. Mark Butler has introduced HB 228, the Governor's legislation to restructure the Department of Human Resources (DHR).
The legislation would form a new Department of Behavioral Health to oversee the mental health and addictive disease programs currently housed in DHR. The new department would report directly to the Governor and increase fiscal transparency.
The reorganization plan would also merge the Department of Community Health with the public health and health regulation programs of DHR to create the Department of Health. Current DCH Commissioner Dr. Rhonda Medows would lead the new Department of Health. Merging the two departments will streamline the health related activities currently residing in two separate departments and establish a lead agency to focus on improving Georgians' health.
The remaining social services underDHR would become the Department of Human Services. Programs included in this department include Developmental Disabilities, Aging, Division of Family and Children Services (DFCS) and Child Support. Current DHR Commissioner B.J. Walker would lead the new Department of Human Services.
Support Needed for Federal Legislation
H.R. 463 -would expand access to preventive health care services that help reduce unintended pregnancy, reduce abortions and improve access to women's health care.
Georgia currently ranks 10th worst nationally in teen birth rates, 2nd in repeat pregnancies, 6th in Chlymadia, 5th in Gonorrhea, 3rd in Syphilis and 9th in AIDS infection rates.
Only Rep. Sanford Bishop and Rep. Hank Johnson have signed as co-sponsors. Please contact your member of Congress and have him or her support this bill.
2009 Georgia Legislative Update
Budget Hearings
The Senate and House Appropriations Committees began their joint budget hearings Wednesday at the state Capitol, led by co-chairmen Senator Jack Hill (R-Reidsville) and Representative Ben Harbin (R-Evans). Lawmakers heard presentations on the Department of Revenue, Education, Natural Resources and the Judicial Branch.
The meeting began with Governor Sonny Perdue outlining his budget proposal emphasizing the need for government to provide the most value to its citizen with the resources available. He noted that education funding is critically important in shaping the state's future, and has proposed a $1.2 billion bond package to invest in education infrastructure. Gov. Perdue also encouraged passage of his "Super Speeder" legislation, where fines for excess speeding will be dedicated to funding a trauma care network. This proposal, previously proposed in 2008, answers the call of many across the state to strengthen Georgia's limited trauma care system.
The committee was then presented with an economic forecast by Dr. Kenneth Heaghney, state fiscal economist. After listing the downward trends Georgia has recently experienced across all economic sectors, including an average loss of 17,000 jobs a month, Dr. Heaghney said he predicts the state will begin to see a mild recovery in the middle of 2009.
Departments and agencies then delivered presentations focused on what impact a $2.2 billion budget shortfall will have on their programs. Despite decreased funding, State School Superintendent Kathy Cox outlined several new goals she plans to implement to meet the pressing needs of Georgia's students, including increasing high school graduation rates, strengthening teacher quality, improving students' workforce readiness skills, developing strong educational leaders, improving test scores, and creating policies that ensure the maximum academic and financial accountability. A major concern for the General Assembly is the reduction in school nurses for 2010. Nurses are contracted through this year, but could be eliminated in 2010.
Legislators were anxious to hear how budget cuts would affect the Department of Transportation's ability to meet critical transportation needs across the state. DOT Commissioner Gena Evans assured the committees that the department paid careful attention to cutting costs without sacrificing service, but noted that the legislature will need to redirect funds in order for the department to meet immediate transportation needs in FY 2010. The department currently faces a $189 million deficit for FY 2009. A large portion of the department's revenue is derived from the state's motor fuel tax, which in June took a significant hit when Governor Perdue suspended an increase in the state gas tax due to sharply rising gas prices. DOT is also working on preparing projects for immediate implementation in the event that Georgia receives funding from a Federal economic stimulus package. Those projects will most likely be rehabilitation-based.
As a member of the House Economic Development and Tourism Committee, I attended the budget hearings on Thursday to ensure any transportation project or program, that uses federal or state funding, is also geared towards stimulating our economy with jobs and improving our transportation infrastructure.
The Senate and House Appropriations Committees concluded their state budget hearings today with the Departments of Human Resources and Community Health. Lawmakers also had the chance to address specific areas of the budget during the Office of Planning and Budget's presentation on their approach to how the FY 2009 and 2010 budgets were structured.
DHR presented an overview of spending cuts within each program, including their spending plans for the future reorganization of the department. The governor announced in August the creation of a new Department of Behavioral Health, encompassing mental health and addictive disease programs, while the Department of Community Health will be merged with the public health and health regulation programs of DHR to make up a reconstituted Department of Health. Lawmakers are most concerned with how the department will cut costs while creating new departments.
Department of Community Health Commissioner Dr. Rhonda Meadows spoke to the committee to address the governor's proposed 5 percent cut to their operating budget for the rest of FY 2009. She mentioned several initiatives such as utilizing new technologies, stricter eligibility requirements and hiring freezes that her agency will implement to meet the requirements but is concerned that any additional rises in unemployment and subsequent Medicaid enrollment than what is already projected could cause a higher deficit for DCH. Lawmakers were extremely hesitant to endorse the governor's proposed hospital provider fee designed to help offset a projected $428 million budget hole that would cover Medicaid and Peachcare funding for FY 2010. Dr. Meadows confirmed for the committee that this provider fee is a tax and very few hospitals would be eligible for any exemptions under the proposed plan. She noted that DCH was in the preliminary stages of gauging the hospital fee's potential impact on legislator's district hospitals, trauma centers and the method of collecting the tax.
To learn more about the proposed FY 2009 amended budget and FY 2010 budget, please visit the Georgia Budget and Policy Institute website
Legislation
This session I will be sponsoring or co-sponsoring the following legislation.
Alcoholic beverages; Local Authorization; Sunday Sales; Certain Public Stadiums (HB 104) - relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that any county in which the Sunday sale of alcoholic beverages is authorized may authorize the sale of alcoholic beverages in certain public stadiums, coliseums, and auditoriums.
Law Enforcement Officers; Stop Motorists; Race or Ethnicity; Prohibit (HB 110) - to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers.
Sentencing and Imposition of Punishment; Procedure; Repeal Certain Provisions (HB 111) - so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole; to provide for sentencing of certain defendants guilty of crimes which target a victim due to the victim's race, religion, gender, gender identity, sexual orientation, or national origin; to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of the victim's race, religion, gender, gender identity, sexual orientation, or national origin.
2009 Georgia Legislative Update
Budget
The Governor's proposed budget will not be relying on money from Washington. Inste ad the Governor has recommended using the Rainy Day fund to balance the budget ($50 million) in 2009 and plans to save the largest portion of available reserve funds for the 2010 budget ($408 million).
The 2009 supplemental budget, which runs until June 30, is going from $21.2 billion to $19.2 billion and the 2010 budget which begins July 1st of this year is $20.2 billion. To stimulate growth, the Governor is proposing $1.2 billion in bonds for new construction projects throughout the state that is expected to create 20,000 jobs.
The Governor laid out his plan to restructure the Department of Human Resources. The proposed changes include the creation of a new Department of Behavioral Health, Department of Health and Department of Human Services.
He is also proposing a 1.6 percent fee on hospitals and health insurance plans to pay for Medicaid services. According to the Governor, these changes will allow Georgia to significantly raise reimbursement rates for providers and give $60 million to sustain and expand the state's trauma network.
The budget unfortunately omitted the $428 million homestead property tax relief grants for local governments. Estimates indicate a potential increase in property taxes for homeowners up to $300.
In response, members of the House are considering a constitutional amendment that would cap property tax assessments for residential properties at 2 percent and 3 percent for commercial properties. Local governments st ate they would have to raise property taxes to make up for lost revenues or slash existing services if cap was enacted.
Some other highlights within the Governor's budget include:
1. Continued cuts to the QBE education formula that go to operate schools.
2. Elimination of 10 conservation rangers and 18 staffers at the Environmental Protection Division.
3. Cuts for the Georgia Bureau of Investigation crime labs and arson investigators at the Georgia Forestry Commission.
4. Reduction of case workers at the Child Protective Services Division.
5. Closing of four prisons.
Some members of the Georgia General Assembly are concerned that there was no action taken to move forward on transportation, trauma care or tax reform. It is the hope of many that the legislature will focus on creating jobs for our workforce; providing students with a superior education; making sure that every family has a family doctor and access to preventative care; developing long-term plans to manage our natural resources; keeping our families safe from crime and drugs and developing a transportation plan that will take Georgia into the future.
For more information on the Governor's proposed budget please click here.
House Committees Assigned
The Committee on Assignments, chaired by the Speaker, is in charge of deciding committee rosters.
Congratulations to all members on your new committee assignments. Also, a special congratulation goes out to Representatives Penny Houston, Don Parsons, Chuck Sims, Matt Dollar, Rich Golick, Roger Lane, Howard Maxwell, and John Burns for their new Chairmen positions.
Click here to view 2009 committee assignments.
Legislation
This session I will be sponsoring or co-sponsoring the following legislation.
Alcoholic beverages; local authorization; Sunday sales ;20certain public stadiums (HB 104) - relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that any county in which the Sunday sale of alcoholic beverages is authorized may authorize the sale of alcoholic beverages in certain public stadiums, coliseums, and auditoriums.
Law enforcement officers; stop motorists; race or ethnicity; prohibit (HB 110) - to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers.
Sentencing and imposition of punishment; procedure; repeal certain provisions (HB 111) - so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumst=2 0ances, and parole; to provide for sentencing of certain defendants guilty of crimes which target a victim due to the victim's race, religion, gender, gender identity, sexual orientation, or national origin; to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of the victim's race, religion, gender, gender identity, sexual orientation, or national origin.
With the historic election having come and gone it is now time to focus on the upcoming 2009 Session of the Georgia General Assembly. First and foremost every year is the state budget. This year's spending plan is sure to see cuts because state revenue is down dramatically from last year due to the recession. In fact, estimates showed over the summer there could be a $1.6 billion shortfall. As a result Governor Perdue instructed agency heads to prepare budgets with 6, 8 and 10 percent cuts in spending and he withheld 6 percent of their funding. More recently, it appears the shortfall could top $2 billion or greater and Governor Perdue is now saying budget cuts may be close to 8 percent rather than the 6 percent as originally planned for last August.
But there was some good news recently when it was reported that state agencies ended the year with a $203 million surplus because of internal cutbacks. Hopefully this will help offset some of the upcoming cuts in the state budget. Another issue looming is whether the $428 million homeowner tax relief grants that go to local governments and are passed on to property owners will continue. Governor Perdue has indicated he would like to see them eliminated from the budget which could lead to a $300 property tax increase for Georgia homeowners.
Other big issues sure to see action include:
Expanding Pre-K: Would provide funding for 3,000 additional slots for children to enroll in Georgia's pre-K program to reduce the current waiting list.
Transportation Funding: Last year the leadership in the General Assembly failed to pass a much needed transportation funding plan in the waning minutes of the session. It would have allowed counties to band together and, with voter approval, pass a 1 cent sales tax that would have to be dedicated to transportation needs for that region, such as mass transit. Governor Perdue is also expected to propose $1 billion in bond issues for state transportation projects to help stimulate the economy.
Trauma Care: Another big issue this session will be finding a permanent funding source to improve Georgia's woefully inadequate trauma care network. Governor Perdue is proposing charging hospitals and health insurance companies a fee to help fund a trauma care network and shore up the state's Medicaid budget. Estimates show that improving Georgia's trauma care network would lower accidental deaths by 14 percent. Last year there was a proposal to raise the car tag renewal fee to $10 to help build a better trauma care network. However, it died on the last day of the session because the leadership in the General Assembly failed to come to an agreement.
Capping Property Tax Assessments: House Speaker Glenn Richardson is backing House Resolution 1 which would limit annual property tax assessment increases to 3 percent, or the rate of inflation, whichever is less. In 2008 Speaker Richardson pushed a plan to replace all property taxes with increased sales taxes. Eventually it morphed into the elimination of ad valorem tax on your vehicles. But in another failure, the leadership in the General Assembly on the last day of the session couldn't agree on any tax cut for the citizens of Georgia. Other tax measures being proposed include freezing ad valorem taxes at their base level and legislation protecting the $428 million homeowner tax relief grants that were put in place by Governor Barnes.
Unanimous Jury Verdicts for the Death Penalty: State Rep. Tim Bearden (R-Villa Rica) plans to introduce legislation abolishing the requirement of a unanimous jury vote to impose death, lowering the standard to a 10-2 vote instead. A unanimous vote would also no longer be needed to win a conviction in a non-murder felony case. Under Bearden's bill, an 11-1 vote for conviction would be sufficient. If approved, Georgia would become one of five states that does not mandate a unanimous jury verdict to impose death.
Vouchers: State Senator Eric Johnson (R-Savannah) plans to introduce legislation in January 2009 that would give each public school student a voucher equal to the money the state currently spends on his or her education. The voucher could be used for tuition at the parents' school of choice -- public, private or religious.
Sunday Sales: Senator Seth Harp (R-Columbus) has indicated he will introduce in the 2009 session of the General Assembly legislation which allows stores to sell alcoholic beverages on Sundays.
Mental Health: Governor Perdue is planning to turn over the state' seven mental health hospitals to a private company this year. The state's mental health hospitals are under investigation by the Justice Department because they have been vastly understaffed.
Parental Rights: State Rep. Roger Bruce (D-Atlanta) has introduced legislation that would allow parents 24 hours of excused leave for educational and medical purposes as it relates to their children.
From the almost 40 Bills I supported these past two years, there are some I would like to mention that will benefit hardworking families in Georgia.
PUBLIC SAFETY
House Bill 338
To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff´s services, so as to increase the fees for service in civil cases.
House Bill 479
To amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain provisions relating to definitions relative to county and municipal abatement powers; to change certain provisions relating to county or municipal ordinances relating to unfit buildings or structures; to change certain provisions relating to determinations by public officers that dwellings, buildings, or structures are unfit or vacant, dilapidated, or being used in connection with commission of drug crimes.
House Bill 710
To amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances.
House Bill 960 05/14/08 - House Date Signed by Governor
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court.
House Bill 1242
To amend Code Section 16-5-94 of the Official Code of Georgia Annotated, relating to restraining and protective orders in stalking cases, so as to allow a protective order to include the protection of animal.
House Bill 1349
To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions for the uniform rules of the road for motor vehicles, so as to prohibit the carrying of ladders stacked more than three high in a ladder rack; to provide for a penalty.
House Bill 1398
To amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for criminal trespass and damage to property, so as to change provisions relating to criminal damage to property in the first degree; to increase certain penalties.
House Resolution 128
Proposing an amendment to the Constitution so as to provide that persons convicted of felonies involving moral turpitude may not register, remain registered, or vote while incarcerated but may register and vote while serving any period of probation or parole.
EDUCATION
House Bill 432
To amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to provide that required state-wide assessments are offered in languages other than English.
HEALTH & INSURANCE
House Bill 942
To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for temporary permits for foreign-born professional counselors for whom English is a second language to practice as professional counselors; to establish a time limit for such temporary permits; to require persons issued temporary permits to practice as professional counselors only under direction and supervision; to limit the practice of persons issued temporary permits.
House Bill 943
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to require continuing education in cultural competency for licensure of health care professionals to address disparities in medical treatment decisions based on race, ethnicity, and gender.
House Bill 1384
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require health benefit policy coverage for the diagnosis and treatment of infertility.
LOCAL & STATE
House Bill 480 05/23/07 - House Date Signed by Governor
To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997, p. 3517), so as to change the form of government from a mayor-council form of government to a city manager-council form of government.
House Bill 740
To amend an Act creating the Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4258), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for two additional districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for election and terms of office of subsequent members; to change quorum provisions; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965.
House Bill 741
To amend an Act creating the Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4258), so as to reconstitute the board of commissioners; to provide for two additional districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for election and terms of office of subsequent members; to change quorum provisions; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965.
House Bill 1291
To amend Code Section 36-44-9 of the Official Code of Georgia Annotated, relating to computation of tax allocation increments of tax allocation districts under the "Redevelopment Powers Law," so as to provide that the administrative body of a community improvement district may consent to the inclusion of taxes levied by it in the computation of tax allocation increments.
House Bill 1372
To amend Code Section 21-2-265 of the Official Code of Georgia Annotated, relating to duty of superintendent to select polling places, so as to authorize the superintendent to establish polling places outside of the boundaries of a precinct if such polling place would better serve the needs of the electors without regard to whether suitable facilities exist within the precinct boundaries.
House Resolution 1631 04/02/08 - House Passed/Adopted
Urging the Georgia Department of Transportation to implement commuter rail service connecting Macon, Atlanta, and Athens, the members of the Georgia Transportation Board are urged to help ensure that the existing plans for the Macon to Atlanta to Athens commuter rail lines are implemented with urgency.
CONSUMER PROTECTION
House Bill 478
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that the terms of phone cards shall be disclosed at the time of purchase and through certain notification.
House Bill 829
To amend Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical service, so as to promote the development of renewable energy and energy efficiency in this state by implementing renewable energy and energy efficiency portfolio standards for electric suppliers.
House Bill 1219
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified citizenship expenses for low-income families; to provide for definitions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing.
House Bill 1258
To amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to prohibit an owner of a manufactured home park from selling the park or closing the park without notice to the residents; to provide the residents in good faith an opportunity to purchase the park.
NATIONAL
House Resolution 1765 03/20/08 - House Read and Adopted
Supporting the establishment of a National Women's History Museum in Washington, request the esteemed members of the United States House of Representatives, the United States Senate, and the citizens of Georgia to support the National Women's History Museum's efforts to secure a permanent home on or close to the National Mall for a museum that will highlight the important role women have played in shaping this great nation.
House Resolution 1769
Recognizing César E. Chávez and calling for a national holiday on the occasion of his birthday on March 31, 2008, to call on the United States Congress and President Bush to establish an official federal holiday and day of service, learning, and action for César E. Chávez on his birthday, March 31st, each year in honor of his exemplary work on behalf of farm workers, civil rights, labor rights, and women's rights.
House Resolution 2171
Urging the United States Congress to pass the National Museum of the American Latino Commission Act, urge the United States Congress to adopt the National Museum of the American Latino Commission Act for the important purpose of furthering the commemoration of Latino contributions to the United States of America.
Other Bills signed into law by the Governor
2005-2006
House Bill 130 / House Bill 1302 (Casas) 04/28/06 - House Date Signed by Governor
To amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for the admissibility of certain evidence at trials.
House Bill 465 / House Bill 1302 (Casas) 04/28/06 - House Date Signed by Governor
To amend Code Section 20-2-1180 of the Official Code of Georgia Annotated, relating to loitering upon school premises or within a school safety zone, penalties for violations, required check in of visitors, and posting signs of required check in, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check in requirements and exceptions.
House Bill 725 05/06/05 - House Date Signed by Governor
To amend an Act providing for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5260), so as to provide for the compensation of members of the board of education; to provide for future adjustments of compensations.
House Bill 1264 04/19/06 - House Date Signed by Governor
To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3598), so as to provide for an additional judge for the State Court of Gwinnett County.
House Bill 1457 05/05/06 - House Date Signed by Governor
To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the terms of court.
2003-2004
House Bill 144 05/27/03 - House Date Signed by Governor
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to provide that local government graffiti removal programs shall not charge certain fees; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain.
House Bill 255 05/27/03 - House Date Signed by Governor
To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, so as to provide that interpreters are provided to petitioners in temporary protective order hearings.
House Bill 762 05/05/04 - House Date Signed by Governor
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to judgment, writ of possession, landlord´s liability for wrongful conduct, and distribution of funds paid into court; to provide for removal of a tenant or the tenant´s personal property under certain circumstances
The second regular session of the 149th General Assembly began on Monday, January 14, 2008 at 10:00 am and adjourned Sine Die at 12:00 am on Friday, April 4, 2008. Georgia's Constitution says the General Assembly shall convene on the second Monday in January and can be in session for no more than 40 days. Lawmakers space those days out however they wish and the last two legislative sessions have stretched into April.
On a positive note, thanks to the thousands of concerned citizens who made their voices heard about protecting the beach at Jekyll Island and the strength and conviction of Georgia Democrats, the private developer overhauling the island will not place hotels and condominiums on a half-mile stretch of open, public beach. This is a move in the right direction.
Georgia Democrats have always been big supporters of Jekyll Island and will continue to keep a close eye on the situation to ensure that this Georgia treasure remains a place for families to enjoy, and the people's island remains the people's island. Last session Georgia Democrats were successful in protecting the South End of the Island.
This session began where the last one left off. On the first day there was more Republican in-fighting, with the House overriding 12 of the Governor's vetoes from last session, and it continued up until the end of the session, where big issues were left unresolved after a great deal of name calling and chest thumping.
Georgians will continue to pay their automobile tax each year on their birthday and the full amount of their state income tax because House Speaker Glenn Richardson and Lt. Gov. Casey Cagle could not agree on a final form of tax relief legislation by the end of the session. There will also be no property tax valuation assessment freeze.
Georgians will continue to sit in traffic longer and miss time with their families because of Republican's failure to address the transportation crisis. Although the House approved an amended version of SR 845, which would authorize counties to join together and implement a one-cent transportation sales tax on a regional basis, if approved by the voters in those counties, the Senate failed to agree to the measure. Democrats worked hard to get the fourth penny of the four cent sales tax on gas, which now goes into the general fund, dedicated to transportation in SR 845. It could have been used for mass transit and Local Assistance Grants, along with county and city contracts, to help rural areas with economic development. That will all have to wait now because of Republican in-fighting.
Georgians will also continue to have a trauma care network that is woefully under funded which puts in jeopardy the ability of doctors and hospitals to provide emergency care throughout Georgia because of Republican in-fighting. An agreement on details of a $10 car tag renewal fee that would have provided $74 million in revenues for trauma care could not be reached before midnight on the 40th and final day of the session. The budget does provide additional $58 million in state funding for the trauma care network but this is not a permanent funding source and there is no guarantee monies will be appropriated next year.
Failure on these important issues proves once again that Republicans, who have majorities in the House and Senate and control the Governor's mansion, are inept at governing the state of Georgia.
In an article entitled "Legislature 2008: Feuds spoil GOP plans" (4/6/08, Atlanta Journal Constitution, http://www.ajc.com/metro/content/printedition/2008/04/06/bigthree0406.html)
House Speaker Glenn Richardson (R-Hiram) is quoted as saying before the session, "During this legislative session the governor, the lieutenant governor and I are committed to improving the way of life for all Georgians, and because we share this common thread, I know we will succeed."
Continuing the article states, "That spirit of cooperation evaporated quickly and the year's General Assembly session ended at midnight Friday with no tax cut, no new funding plans to fix the state's transportation and trauma care systems and a very public Republican power struggle that left the GOP with little to brag about on the campaign trail this fall."
"Just to be purely blunt, it's about as dismal a performance that I have seen by a General Assembly in my lifetime in terms of their ability to coalesce around any, any meaningful issue," said former longtime Republican lawmaker Chuck Clay, who helps run an online media and polling firm.
House Democratic Caucus Chairman Calvin Smyre (D-Columbus) noted, "In my 34 years of being up here, I've never seen anything like this." And the Republican's own Senate President Pro-Tem Eric Johnson (R-Savannah) said, "It is hard to call this session a resounding success."
Furthermore, the article states that House Democratic Leader DuBose Porter (D-Dublin) said the Republicans who control state government have let Georgia down.
"Some important issues in a vibrant state have been hindered by a void of leadership," he said.
But as the political focus moves from legislating to campaigning, Porter said Democrats have a clear message to sell.
"Voters can clearly see that (Republicans) stand for division and we stand for the people," he said.
Clay, the former Republican lawmaker and long-time Cobb County party leader, believes if the GOP isn't careful, Porter could be right.
Major Legislation that Passed the 2008 Session
Budget – HB 990 is the state's $21.2 billion budget for fiscal year 2009 which begins July 1st. It provides 200,000 teachers and state employees with a 2.5 percent pay increase, $1 billion in construction projects for schools and universities, $40.4 million in state funds for the Georgia Public Defender Standards Council, $70 million for loans for drinking water reservoirs, and $10 million in grants meant to equalize per-student funding for 16 metro Atlanta school districts. The Legislature faced an extra challenge in balancing the state budget this year when Gov. Sonny Perdue reduced revenue projections by $245 million in March. Despite that, budget writers included $6 million in hometown grants and tens of millions of dollars more in local construction projects. House and Senate budget writers did cut $13.3 million to buy buses to expand express, commuter bus service in metro Atlanta.
HB 990 also reduces Gov. Sonny Perdue's proposed reduction this year to basic school spending but at the end of the session it is still a $91 million cut to education. And House leaders promised at press conference in February to restore all $142 million to basic school spending. Now, since 2003, the GOP has made the following cuts to education:
BUDGET YEAR AMOUNT
Fiscal year 2009 $91,510,679
Fiscal year 2008 $142,968,687
Fiscal year 2007 $169,745,895
Fiscal year 2006 $332,835,092
Fiscal year 2005 $332,838,099
Fiscal year 2004 $283,478,659
Amended fiscal year 2003 $134,594,245
Total $1,487,971,356
Supplemental Budget – HB 989 is the supplemental budget which is a revised spending plan for the current fiscal year that runs through June 30th. The $332 spending plan includes $58 million for much needed trauma care funding. Georgia has four level one trauma centers that are woefully under funded and this will help them to continue providing that critical care but no permanent funding source for trauma care was approved this session. HB 989 also includes $210 million to build schools and keep up with increased student enrollment, $40 million for water reservoirs and $2.7 million for indigent defense. The Governor recommended $3.7 million. One of the biggest points of contention was $30 million in equalization grants that helps low income schools. The House restored two-thirds of that in HB 989 which the Senate removed.
State-Wide Water Plan - Arguably one of the most important pieces of legislation for the year was HR 1022 which approves the Statewide Water Management Plan. Managing the state's water resources better has become a high priority especially in light of the recent drought Georgia is facing. Under the plan, a three year, $36.5 million data gathering effort is launched to determine how much water is in Georgia's rivers lakes and streams. The plan also calls for 11 water planning districts to allocate water among farms, industries and communities. Councils are created in those districts and will be charged with drafting a water plan for their respective area. However, the legislation is not without controversy. Supporters said the plan is not perfect but if the General Assembly failed to take action then the state would be placed at risk for not protecting its water resources. Those opposed voiced many concerns. Questions arose on why after three years of study was there only 5 days to look at the final plan and digest the details. There were also objections to the planning district lines because they followed service delivery and county boundaries instead of being base on river basins, where the water is actually located. They said river basin boundaries are the only way to truly get an idea of the quality and quantity of water. Another problem was the lack of local representation on the water planning councils. Appointments would all be in the hands of the Governor, Lt. Governor and Speaker of the House. Lastly, the issue of two Georgia's came up. Down streamers, as they like to be called, claimed the Metro North Georgia Water Planning District, which encompasses Atlanta, would have too much power over how much water flows downstream to South Georgia. This North Georgia district is enormous and makes up 16 counties, 95 cities and has 5 million people, which is half the state's population.
Reservoirs – Aimed at the current drought facing Georgia is SB 342 which will build more drinking water reservoirs throughout the state by speeding up the permitting process for construction. The legislation creates the Water Supply Division within the Georgia Environmental Facilities Authority that will help identify new locations for reservoirs. The new agency will speed up applications for reservoir permits and lend money from the Georgia Reservoir Fund for impounding reservoirs. They could also sell bonds to raise money for reservoirs. There could be no power generation plants on new reservoirs and any reservoir constructed would have to be primarily for drinking water supplies. New reservoirs must also comply with the new state-wide water plan. The legislation originally contained a limit on inter and intra water basin transfers but in the final version no such language was included. Democrats did insist that the buffers around the reservoirs be kept without development and only low power electric motors can be used for recreation on the reservoir.
Veto Overrides – In an unprecedented move the House of Representatives voted to override twelve of Governor Sonny Perdue's vetoes on the first day of the session. One veteran lawmaker said he had never seen anything like this in his 35 years of serving in the House. It is ironic because, the Governor, Lt. Governor and Speaker of the House flew around the state on a "Unity Tour" touting their agenda before the session began, but so much for unity. Legislation ranging from improving occupational speech and physical therapy to protecting book allowances for the HOPE Scholarship were some of the bills overridden by the House. All twelve overrides were sent immediately to the Senate. From those twelve pieces of legislation the only one overridden by the Senate was HB 529, a measure creating the Senate Budget Office, making this the first veto override in 34 years.
Certificate of Need – SB 433 is major hospital regulatory reform with the overhaul of the certificate of need, or CON law, which determines whether there is a need for new hospitals or medical facilities in a community . The compromise bill allows general surgeons to open ambulatory surgery centers and would let hospitals build parking decks and other non-clinical projects without state approval. Furthermore, it would lift restrictions on a few hospitals now allowed to deliver babies only in cases of emergencies, allow more hospitals to perform some heart procedures, such as diagnostic catheterizations, and would streamline the CON appeals process. The legislation also allows the Cancer Treatment Centers of America to build a $150 million facility near Hartsfield-Jackson International Airport that must draw 65 percent of its patients from outside Georgia.
[[School Flexibility with Accountability]] – HB 1209 is a recommendation from Governor Perdue's IE2 Commission, which after 3 years of work, allows local school systems to enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability. To do so they must provide a three-year strategic plan to increase performance. Local school systems can opt for the status quo instead. The commission was charged with finding a way to better fund and finance our schools but the end result was much different that the original intent of the commission and there was nothing about funding education in the final legislation.
Charter Schools – HB 881 creates the seven member State Charter School Commission that can review and approve applications for charter schools after they have been denied by local school boards. Charter schools are free from many state and federal regulations but are still funded with tax dollars. The new commission would work in conjunction with the local school boards and members would be recommended by the Governor, Lt. Governor and Speaker of the House but the State Board of Education has to sign off on those appointed. There would be no limits on the amount of charter school petitions the commission could approve and charter schools would also get more local tax revenue under the bill.
Credit Freezes – HB 130 allows Georgians to freeze their credit files for a $3 fee. Consumers would pay $3 per credit agency for freezing, lifting and removing the freeze and the freezes would be available electronically within 15 minutes of a request. A credit agency would not be able to charge a fee to a victim of identity theft who submitted a copy of a police incident report or complaint to a law enforcement agency. The measure also includes specific exemptions for business purposes, such as insurance companies and those 65 and older will have no fee.
Sex Offenders Residency Limits – SB 1 makes it illegal for convicted sex offenders to take pictures of children and reinstates language that bans parolees from living and working within 1,000 feet of churches, schools, day-care centers and other places where children are likely to be. The 1,000-foot barrier for sex offenders was a requirement struck down last year by the Georgia Supreme Court. The Georgia Supreme Court struck down a law, because it deprived sex offenders of their property rights because it would require them to move if a church, school or other place frequented by children were established within 1,000 feet of their home. SB 1 grandfathers in property owners who are registered sex offenders, but it creates a broad ban on residency within 1,000 feet of any place where "minors congregate."
Timber Forests - HR 1276 which is a constitutional amendment and its enabling legislation HB 1211 would give forest owners property tax breaks up to 50 percent if they don't develop their land. Currently the state of Georgia taxes forest land based on best use meaning the property taxes on timber land near growing areas has tripled in some cases. The proposal taxes based on actual use and land owners must have at least 200 acres and sign a 15 year covenant not to develop the property. Estimates show the measure would cost the state $40 million in revenue.
DNA – SB 430 allows prosecutors and law enforcement agencies to use DNA evidence, including samples collected from suspects who are arrested but never convicted of a crime. It also gives law enforcement the ability to access national DNA database to find out whether a suspect is wanted for crimes in other states. Problems arose under current law that states DNA evidence can only be released once a person is convicted.
Guns – HB 89 allows people with a concealed weapons permit to carry guns in their cars and into restaurants, as long as more than 50 percent of the profits are for food, and to state parks, MARTA trains and workplace parking lots with the company's permission.
City of Dunwoody - SB 82 allows the citizens of North Dekalb County to vote to create the city of Dunwoody by referendum in July. Opposition was from a majority of the Dekalb County Legislative Delegation who said the incorporation was a recipe for a large tax increase and would create another bureaucracy and more government.
Dog Fighting – HB 301 makes it a crime to attend a dogfight and a felony to participate in dogfighting, which includes promoting matches and training dogs for the sport. HB 301 says that participating in dogfighting, would be a felony punishable by imprisonment for up to five years and a fine of up to $5,000 for first-time offenders. Repeat offenders would see their prison time double and their fine triple.
High Deductible Health Plans – HB 977 makes insurance companies selling high-deductible health insurance plans tied to health savings accounts exempt from state and local taxes on premiums. High-deductible plans for a family have a minimum $2,200 deductible with out-of-pocket costs capped at $10,500, according to federal requirements. It is estimated to cost $146 million in lost revenue.
DUI – HB 336 makes those convicted of drunken driving for the fourth time in 10 years face a felony punishable by one to five years in prison. It also says that second-time offenders must undergo a clinical evaluation as part of a drug-abuse risk reduction program. Another provision increases from five to 10 years the period in which prior DUI convictions are applied to a new offense.
Foreclosures – SB 531 requires a 30-day notice go to the homeowner when their home is about to be foreclosed. Currently a 15 day notice is required. The notice must also contain contact information on the legally authorized party empowered to negotiate, amend and modify the mortgage with the homeowner. Another provision mandates that mortgage owners record their names as owner of the note in the clerk of the court's office prior to the foreclosure.
Georgia – Tennessee Border - SR 822 urges discussions between the Governors of Georgia, Tennessee and North Carolina over the border and calls for a boundary commission to look into the correct boundary of the states. Some Georgia lawmakers want the Georgia-Tennessee boundary moved 1 mile north which is the 35th parallel and what the original border was almost two centuries ago that would take in a portion of the Tennessee River. But because of a surveying error in 1818 the line was moved 1 mile south. With Georgia facing a drought state leaders have been eying portions of the Tennessee River to tap into as water source for North Georgia.
Licensing Home Inspectors – HB 1217 creates the Licensing Board of Home Inspectors. It will be made up of four home inspectors, a general contractor and a member of the public at large. The board, appointed by the governor, would oversee licensing and continuing education requirements for home inspectors and would establish standards of practice and a code of ethics. Last session the General Assembly passed legislation requiring licensing of general contractors. They must have a license by July 1st.
Indigent Defense – HB 1245 puts the Director of the Indigent Defense Standards Council under the discretion of the Governor and adds more county commissioners to the council's board of directors. It also removes the appointment by the state Supreme Court or Georgia Court of Appeals to appoint members to the board. Additionally, an indigent defendant would have access to a lawyer within three business days, if a defendant requests a public defender.
Historic Restoration – HB 851 would increase the state income-tax credit available for historic rehabilitation to 25 percent of the total project cost. The total income-tax credit available over 10 years was raised from $5,000 to $100,000 for homes, and to $300,000 for a certified, nonresidential structure. According to the author of the legislation, the cost of the tax break at current rates of certified rehabs would be about $2.5 million per year.
Special Sales Tax Elections – HB 296 requires local school boards and county governments to put special purpose local option sales tax initiatives on either the general or primary ballot. HB 296 requires those referendums to be held in the presidential primary, the July general primary or the November election in even-numbered years or in March or November in odd-numbered years.
Tax Allocation Districts – SR 996 will be on the November ballot asking voters if they want to allow school property taxes to be used for development. The Georgia Supreme Court ruled early this year that school tax money can be used only for educational purposes. If voters approve the measure then the General Assembly will have to pass enabling legislation in 2009 for TADs to take effect.
Driving Without a License – SB 350 would increase criminal penalties for driving without a license and make the offense a felony if the driver is arrested four times within five years.
Hope Scholarship for Home Schooled – HB 152 makes home-schooled Georgia students who score in the 85th percentile on the SAT or ACT eligible for the HOPE scholarship.
Limousine Alcohol Sales – SB 385 permits limousine drivers to sell alcohol to their customers if they are of the legal drinking age of 21 year old.
Mental Health Patient Health Advocate - HB 535 creates a mental health patient advocacy board and the position of patient advocate general. The office, with funding of $250,000, will bring independent review in cases of mental patients being abused or neglected in state run facilities.
Judges Pay Raises – HB 119 authorizes a 5 percent pay raise for appellate court judges, superior court judges, and District Attorneys.
Seizing Vehicles – HB 978 allows authorities to impound the vehicles operated by persons who are not licensed to drive on Georgia roads. A person with a valid driver's license could reclaim their car.
Voucher Scholarships - HB 1133 would give private citizens and corporations income tax credits for donating money to nonprofit scholarship organizations that would provide scholarships to parents who want to pull their children out of public schools and send them to private ones.
Water Oversight – SB 352 would allow the Georgia General Assembly to override the state Environmental Protection Division's water policies or to suspend new EPD rules until the next legislative session with a two-thirds vote. SB 352 also would force the director of the EPD to explain to lawmakers when a federal law requires state action.
Water Restrictions – HB 1281 would take away local authority to set outdoor watering restrictions that are stricter than the state rules.
Taking Wine Home From a Restaurant – SB 55 allows Georgians to take wine home from restaurants, as long as it is resealed and put in the trunk or locked glove compartment.
Internet Wine Sales - HB 1061 allows Georgians to order wine over the Internet or via telephone directly from wineries. Purchasers would have to prove they are at least 21 by using online verification systems.
Merlot to Go – SB 55 would allow restaurant patrons to have their wine bottles re-corked and take them home with them.
Movie Tax Breaks – HB 1100 provides tax credits for filmmakers who make movies in Georgia.
Gwinnett Stadium Alcohol Sales – HB 1280 permits alcohol to be served on Sundays at a Gwinnett County minor-league ballpark.
Wineries – HB 393 allows wineries with tasting rooms to sell beer and liquor.
On May 8, the governor reversed his position and signed the midyear supplemental budget into law and vetoed only the $142 million property tax cut line item. The supplemental budget provides essential funding for Georgia's PeachCare for Kids program and our public defender system operating, as well as additional education funding to cover increased enrollment in our public schools.
The House and Senate also approved HB 95, a record $20.2 billion annual state budget for fiscal year 2008, which begins July 1. The budget includes $1.6 billion in new spending, including a 3 percent raise for educators and state employees and about $1 billion in new construction.
The Governor has not signed HB 95.
During the regular session, which lasted more than three months, lawmakers gave final approval to legislation addressing a number of major issues, including:
Norcross City Government. HB 480, which I sponsored, changes the governmental structure of the city of Norcross from a mayor-council form of government to a city manager- council form of government.
Sales Tax Holiday. HB 128 continues the sales tax holiday for clothes and school supplies on August 2-5 and another tax holiday for energy-saving products for October 4-7.
Stem Cell Research. SB 148 requires all state hospitals by June 30, 2009, to inform pregnant women that they can donate placenta, umbilical cords and amniotic fluid to either public or private banks for medical research. Georgians who contribute to stem cell research would be eligible for a state tax break.
The bill also establishes a 15- member state commission that would oversee a system of umbilical cord blood banks and seek grants for nondestructive stem cell research.
Presidential Primary. HB 487 changes the date of Georgia's 2008 presidential primary to Tuesday, February 5.
Ultrasound Requirement. HB 147 requires in all cases in which a pregnant woman is seeking an abortion, a medical provider must offer her a chance to view the fetal image and hear the fetal heart before the pregnancy is terminated.
Private Cities. SB 200 and SR 309 give developers the power to build planned communities with tax-exempt bonds without the authority to "tax" homeowners.
Immigration. SB 23 allows judges and parole board members to consider a person's immigration status before determining bail, handing down a sentence, or deciding on probation. SB 100 increases penalties for manufacturing, selling, or distributing fake identification cards to three to ten years in prison.
SB 15 increases the penalty for driving without a valid drivers' license, with a fourth violation constituting a felony offense punishable by up to five years in prison. SB 38 requires a person to have a Georgia drivers' license before they can register their automobiles and obtain a tag.
Charter School Districts. SB 39, The Charter System Act, allows entire schools districts to apply for charter status. Charter schools are allowed to ignore many state and local rules in order to be flexible. In exchange, they have to meet performance standards.
School Vouchers. SB 10 allows parents to use state money to send their special needs children to private schools.
The General Assembly addressed many other issues, but without reaching final agreement on the legislation. Many of the following proposals will resurface for consideration during the 2008 session:
Firearms in automobiles. The House passed HB 89, which would allow motorists to conceal weapons anywhere in their vehicle, for easier access than current law, requiring they be in locked glove compartments, allows. The measure stalled in the Senate when it was amended with provisions of SB 43, which would ban business owners from prohibiting their employees from keeping guns in vehicles parked on company property.
Death penalty changes. HB 185, approved in the House, would require only a minimum of 10 out of 12 jurors to recommend the death sentence as opposed to current law which requires a unanimous vote. The bill was defeated in the Senate Judiciary Committee.
Sunday alcohol sales. SB 37, which would have allowed citizens to vote on Sunday package sales of beer, wine and distilled spirits, was approved in committee but did not reach the Senate floor for a vote.
Payday lending. HB 163, which would have repealed Georgia's 2004 law shutting down the payday loan industry, was defeated in the House after considerable debate.
Senior tax cut. HB 195, which would eliminate the state income tax on all retirement income, failed to make it out of committee.
Prior to the 2008 Georgia General Assembly convening, there was talk of members working together on key policy issues such as transportation, water, education, healthcare, foreclosures, and tax reform. With the legislative session ending on April 4, 2008, the final product pales in comparison to the good intentions articulated in January. We had an opportunity to pass legislation targeting tax reform, expanding educational opportunities, localizing transportation funding, and improving our environment. Unfortunately, some of those bills were left on the table.
Yet, this year we did adopt some meaningful legislation that will impact the lives of Georgians. The foreclosure crisis, water conservation, local economic development, and public safety were but some of the issues we sought to address via the legislative process. Personally, my office was able to pass legislation to require certain trafficking in ecstasy to be bailable only before a superior court judge.
I again thank you for your support, prayers, and counsel during the legislative session. Within these next few months I look forward to speaking with you on the campaign trail!
Please email my office at marinstatehouse@aol.com with your views on any issue that needs to be addressed or whenever I can be of service.
If you want to further examine my legislation, please click onto the following link.
Marin Legislation
2008 Legislative Agenda
From the almost 20 bills I introduced this past year, there is one I would like to highlight.
Ecstasy; Certain Trafficking; Bailable Only Before Superior Court Judge (HB 960) - The bill, which I co-sponsored, was unanimously adopted by the Georgia General Assembly. It would require certain trafficking in ecstasy to be bailable only before a superior court judge. Prior to the start of the 2008 legislative session, members of the Gwinnett County judiciary approached my office to support their campaign to stop drug traffickers from selling ecstasy in our county, especially to our children.
After a contentious and confrontational legislative session, the General Assembly adopted the following measures:
Certain Comprehensive Statewide Water Management Plan (HR 1022) - Under the plan, a three year, $36.5 million data gathering effort is launched to determine how much water is in Georgia's rivers lakes and streams. The plan also calls for 11 water planning districts to allocate water among farms, industries and communities. Councils are created in those districts and will be charged with drafting a water plan for their respective area.
Water Conservation and Drought Relief Act; Issuance of Permits; Certifications; Construction of New Public Water Supply Reservoirs (SB 342) -The legislation creates the Water Supply Division within the Georgia Environmental Facilities Authority that will help identify new locations for reservoirs and speed up the process for reservoir construction.
State Health Planning; Provide Destination Cancer Hospitals Are Subject to Certificate of Need Requirements (SB 433) - The measure will amend the existing certificate of need (CON) law by allowing general surgeons to open ambulatory surgery centers and permit hospitals to build parking decks and other non-clinical projects without state approval. As well, the bill will lift restrictions on a few hospitals now allowed to deliver babies only in cases of emergencies, permit more hospitals to perform some heart procedures, such as diagnostic catheterizations, and would streamline the CON appeals process. The legislation also allows the Cancer Treatment Centers of America to build a $150 million facility near Hartsfield-Jackson International Airport that must draw 65 percent of its patients from outside Georgia.
Firearms; Carrying and Possession (HB 89) - The bill allows individuals with a concealed weapon permit to carry guns in their cars and into restaurants, as long as more than 50% of the restaurant profits is for food. It also allows permit holders to carry guns into state parks, MARTA trains, and workplace parking lots with company approval.
Dunwoody, City of; Incorporation, Boundaries, and Powers of the City (SB 82) - The bill allows the citizens of North DeKalb County to vote on whether to create the city of Dunwoody by referendum in July.
Driving Under the Influence; Mandatory Sentences; Increase (HB 336) - The measure requires that individuals convicted of drunk driving for a fourth time, within ten year time period, will be charged with a felony punishable with one to five years in prison. As well, second-time offenders must undergo a clinical evaluation as part of their participating in a drug-abuse risk reduction program. Another provision increases from five to ten years the period in which prior DUI convictions are applied to a new offense.
Foreclosure; Conduct by the Current Owner / Holder of Mortgage (SB 531) - The legislation requires a 30-day notice go to homeowner when their house is about to be foreclosed. Currently, only a 15 day notice is required. The notice must also contain contact information on the legally authorized party empowered to negotiate, amend and modify the mortgage with the homeowner. Another provision mandates that mortgage owners record their names as owner of the note in the clerk of the court's office prior to the foreclosure.
State Licensing Board of Home Inspectors (HB 1217) - The bill creates the Licensing Board of Home Inspectors made up of four home inspectors, a general contractor and a member of the public at large. The board, appointed by the Governor, would oversee licensing and continuing education requirements for home inspectors, establish standards of practice, and a code of ethics.
Special Elections; Held on Certain Dates [[linl http://www.legis.ga.gov/legis/2007_08/sum/hb296.htm (HB 296)]] - The bill calls for local school boards and county governments to put special purpose local option sales tax initiatives on either the general or primary ballot. On even numbered years, referendums will be held during the presidential primary, the July general primary, or the November election. On odd numbered years, referendums will be held in March or November.
HOPE Scholarships; Home Study Course (HB 152) - The bill allows home-schooled Georgia students who score in the 85th percentile on the SAT or ACT to be eligible for the HOPE scholarship.
Mental Health; Patient Advocacy Board (HB 535) - The measure creates a mental health patient advocacy board and the position of patient advocate general. The office, with funding of $250,000, will provide independent review of cases where mental patients are being abused or neglected in state run facilities.
Certain Justices and Judges; Annual Salaries (HB 119) - The legislation authorizes a 5% pay raise for Supreme Court Justices, Court of Appeal Judges, and superior court judges, and District Attorneys.
Government; Legislative Override (SB 352) - The bill allows the Georgia General Assembly to override the state Environmental Protection Division's (EPD) water policies or suspend new EPD rules until the next legislative session with a two-thirds vote. The legislation would also require the director of EPD to testify before lawmakers when a federal law requires state action.
Alcoholic Beverages; Resealed Partially Consumed Bottle of Wine; Uniform Rules of the Road (SB 55) - The legislation allows Georgians to take wine home from restaurants as long as it is resealed and put in the trunk or locked in a glove compartment.
Limousine Alcohol Sales (SB 385) - was adopted in the House by a vote of 128-26. The bill would allow limousine drivers to sell alcohol to their customers.
2008 State Supplemental Budget (HB 989) - the General Assembly adopted the supplemental budget which provides additional funding for programs during the 2008 fiscal year. The $332 million spending plan includes $58 million for trauma care funding, $210 million to build schools and meet increased student enrollment costs, $40 million for water reservoirs, and $2.7 million for indigent defense. The bill also includes $20 million in equalization grants for schools in low income communities.
2009 State Budget (HB 990) - The legislature also adopted the 2009 budget, which begins on July 1. The $21.2 billion spending plan includes $50 million for the construction of drinking water reservoirs, $10 million to fully fund equalization grants for schools in low income communities, $2.9 million for increasing salaries of law enforcement officers at the Department of Natural Resources, and $1 million for the Meals on Wheels program. It also provides 200,000 teachers and state employees a 2.5% pay increase, $ 1 billion in construction projects for schools and universities and $40.4 million to fund the Georgia Public Defender Standards Council.
DNA; Georgia Bureau of Investigation Include Information in Database / Compare to Samples Collected From Evidentiary Materials (SB 430) - The bill would allow the Georgia Bureau of Investigation to compare DNA of a suspect to the state and national DNA database.
Drivers' Licenses; Requirement; Driving While License Suspended / Revoked (SB 350) - Under the legislation, a person driving without a valid drivers' license could spend from 2 days to 12 months in jail and pay a fine between $500 and $1000. Drivers who can prove they possess a valid license are not affected by the legislation. If a driver is found guilty of a fourth offense within a 5 year period, he/she will be charged with a felony which carries a sentence of 1 to 5 years in prison.
House and Senate Budget Offices (HB 529) - The bill would add a new code section to establish both a house budget office and senate budget office. This new section empowers these offices to request information from all state departments, boards, bureaus, commissions, committees, and authorities. HB 529 was adopted in 2007, but vetoed by Gov. Perdue. The House and Senate voted to override the veto; the first time since 1974.
Traffic Accidents; Illegal Immigrants; Seize Vehicle (HB 978) - The measure calls for any motor vehicle registered in the state that is being driven by an illegal immigrant when pulled over for a traffic stop, or violation, or involved in an accident, to be seized under Georgia's traffic forfeiture laws. The legislation also includes rented or leased vehicles if the owner knows or should have known the driver is an illegal immigrant.
State Board of Education; Local School Systems; Contracts (HB 1209) - The bill, based on a three year study conducted by the Governor's Investing in Education Excellence Study Committee, establishes a system of performance contracts for school systems which levy flexibility for accountability. Local school systems may voluntarily enter into a 3 year contract, agreeing to certain performance goals for its schools. If goals are not met, negotiated consequences will be enacted. In return, the school system will earn negotiated flexibility from state laws and regulations.
Charter Schools (HB 881) - The bill would establish a seven member state commission charged with approving new charter schools after application has been denied by local school boards. They would work in conjunction with the local school boards and members would be recommended by the Governor, Lt. Governor and Speaker of the House, but the State Board of Education has to sign off on those appointed. There would be no limits on the amount of charter school petitions the commission could approve and charter schools would also get more local tax revenue under the bill.
Wine; Shipped to One Customer; Limit Number of Cases (HB 1061) - Under the bill, a case of wine could be direct ordered from a winery over the internet with a limit of up to twelve cases per year. Purchasers would also have to provide verification that they are 21 years of age.
Indigent Defense; Revise Matters; Senior Judges (HB 1245) - The bill will place the Director of the Indigent Defense Standards Council under the Governor's authority; increase by four the number of county commissioners on the Georgia Public Defender Standards Council board; prohibit senior judges from presiding over death penalty cases; places fiscal responsibility on counties to share some of the costs of paying for the defense of indigent capital cases where private attorneys represent the accused. The bill also decreases the income threshold from 125% of the federal poverty guideline to 100% for misdemeanor defendants to qualify as indigent.
Georgia Bona Fide Large Forest Conservation Act of 2008 (HR 1276) and (HB 1211) - HR 1276 is a constitutional amendment and the enabling legislation for HB 1211. The companion legislation would give forest owners property tax breaks up to 50 percent if they don't develop their land. Currently, the state of Georgia taxes forest land based on best use meaning the property taxes on timber land near growing areas has tripled in some cases. The proposal taxes based on actual use and land owners must have at least 200 acres and sign a 15 year covenant not to develop the property.
Credit Freeze (HB 130) - The legislation would allow Georgians to freeze their credit files for a $3 fee. Consumers would pay the credit reporting agency not to release that consumer's credit report information by placing a "security freeze" on his or her credit report in order to prevent the extension of credit without the consumer's authorization. A credit agency would not be able to charge a fee to a victim of identity theft who submitted a copy of a police incident report or complaint to a law enforcement agency. The measure also includes specific exemptions for business purposes, such as insurance companies, and those 65 and older will have no fee.
Water Resources; Local Government Restrictions; More Restrictive Than State; Prohibit (HB 1281) - The bill would require local government to obtain permission from the state's top environmental regulator to enforce outdoor watering restrictions which are stronger than existing state law. The bill would also prohibit any restrictions on swimming pools, unless there would not be enough water for people, farms, or industries.
Counties/Municipalities; Local Boards of Education; Authorize to Use Tax Funds for Redevelopment Purposes / Programs (SR 996) - The bill calls for a statewide referendum to amend the state Constitution authorizing counties, cities, and local school systems to use tax funds for redevelopment purposes, including the payment of debt service on tax allocation bonds. If voters approve this measure in November, then the General Assembly will have to adopt enabling legislation in 2009 for TADs to take effect.
Income Tax Credit; Historic Structures Rehabilitation (HB 851) - The bill will increase the default tax credit for the rehabilitation of a historic home from 10 to 25 percent of the qualified rehabilitation expenditures in the year when the certified rehabilitation is completed. The legislation increases the maximum amount of the tax credit for a 120 month period from $5,000 to $100,000, and to $300,000 for a certified, nonresidential structure.
Dogfighting (HB 301) - The measure will prohibit owning or training a dog to fight, causing dogs to fight, betting on a dog fight, and knowingly permitting or aiding in a dog fight. A violation would be punished as a felony with a first offense punished with up to five years imprisonment and/or a $5000.00 fine and a second offense punished with up to ten years imprisonment and/or a $15,000.00.
Sex Offender Registry (HB 908) - The bill will amend the definition of "area where minors congregate" to add public libraries to the list of prohibited areas; provides a definition of the term "day care center;" and stipulates that no registered sex offender or designated sexual predator shall volunteer within 1000 feet of a school, church, child care facility or area where minors congregate.
The bill also provides that the 1000 foot measurement for the workplace will be measured from outer boundary to outer boundary of the location where the registered individual actually carries out the functions of his or her job; and adds language stating that a registered individual who owns real property or who has established employment before a school, child care facility, church or area where minors congregate locates itself within 1000 feet of the individual's home or place of employment will not be in violation of the 1000 foot regulatory requirement.
Last, the registered individual will have ten days within which to prove, through acceptable documentation, to the sheriff that his residence or employment was established prior to the location of the school, church, child care facility or area where minors congregate.
Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission (SR 822) - The resolution contends that a flawed 1818 survey mistakenly placed Georgia's northern line just short of the might Tennessee River. The bills call for the governor to establish a commission to further investigate the matter.
Laughingstock Legislature
By Mike King
The Atlanta Journal-Constitution
Published on: 04/10/08
Crucial issues were ignored and time was squandered while trivial, wrongheaded bills were rubber-stamped.
Members of the Georgia General Assembly, especially those from suburban Atlanta, like to make fun of Grady Memorial Hospital and its myriad problems. No doubt that has made it easier for the Legislature to justify repeatedly turning its back on the state's largest public hospital over so many years.
Legislators self-righteously blame Grady's crisis on the incompetence and irresponsibility of the Fulton-DeKalb Hospital Authority and snicker at how dysfunctional it is. But who now occupies the premium space at dysfunction junction? Who's the laughingstock now?
At least the politically appointed hospital authority has finally started turning control of Grady over to a nonprofit community board. That single step, which took both compromise and leadership, was credible enough to convince the Woodruff Foundation to contribute $200 million over the next four years to upgrade Grady's equipment and high-tech services.
In contrast, the state's legislative branch failed utterly this session to deal with Georgia's significant problems in health care, transportation, education and other issues. Legislators made the hospital authority's operations seem NASA-like in precision. The General Assembly failed to make good even on its own leadership's promise to find a dedicated, permanent funding source for Grady's trauma center and the 14 other trauma network hospitals around the state.
In many other states, the legislative process is more proscribed and professional. But in Georgia, it's a joke.
This year and last, House Speaker Glenn Richardson's ego clearly played a role in the breakdown. Richardson, a man of many ideas, doesn't hide his frustrations when things don't go his way. He's quick to anger, but at least people generally know where he stands.
In contrast, Lt. Gov. Casey Cagle is more Eddie Haskell-like, coming off as an overly polite consensus-builder (although it's also true that he seems constantly to be testing which way the political wind is blowing). Yet when he fails at consensus -- as he has done twice in recent years -- he blames Richardson, an easy target.
And then there is Gov. Sonny Perdue, the lame-duck chief executive of the state. During the 2007 session, as the state dried up during a killer drought, his number one priority was his "Go Fish" campaign for Georgia tourism. This year he hopped a Delta jet for a trade mission in China during the last week of the session. His only significant contribution in the final weeks was to author an op-ed piece for Georgia newspapers declaring he was still against the sale of liquor and beer on Sundays, which, predictably, did not pass.
While trauma funding went by the wayside -- as did a two-year effort to allow regions of the state to vote on raising their own taxes to improve transportation -- the final day of the 2008 session wasted precious time passing plenty of worthless legislation. Take your pick of which will get declared unconstitutional first: allowing concealed weapons on public transit, in state parks and in restaurants; seizing the cars of illegal immigrant drivers when they are pulled over for a broken headlight; or busting a convenience store clerk for selling marijuana-flavored lollipops. All those brilliant ideas were endorsed on the final day.
Meanwhile, the usual spate of special-interest and lobbyist-written legislation slipped its way onto the calendar on the last day and managed to get passed. The measures included an 88-page rewrite of the state's entire hospital regulatory process that got less than 15 minutes of floor discussion, as well as a proposed constitutional amendment that would allow property taxes that are supposed to go to schools to be diverted for private redevelopment of blighted areas. To be fair, there was some merit in both measures -- which had sat around for the whole session -- but in the end, legislators didn't really debate them. They just settled for the word of the lobbyists that the measures would be good for the state.
Over the years, the Grady trustees were often accused of the same thing -- failing to make hard decisions, relying on contractors to tell them how to spend public money, closing their eyes to administrative reforms. They were dismissed as incompetent at best, corrupt at worst.
In the end, they lost the credibility needed to run the hospital, safeguard taxpayer money and maintain the last safety net for Atlanta's poor and uninsured. They have been replaced by a new board looking to restore public trust in the historic hospital.
Who will restore the public trust in the dysfunctional legislative branch of state government? Where should we start?
Rep. Marin Attends Ice Cream Social in Norcross
Rep. Pedro Marin (D-Duluth) in March attended the Empty Bowls Ice Cream Social and Art Show at Norcross Elementary School. At the event, he presented Principal Dr. Dora Hill with a resolution, HR 1810, recognizing the school for its efforts.
"This is a wonderful event for an important cause. With our slowing economy and foreclosure crisis, Norcross Cooperative Ministry is needed now more than ever," said Rep. Marin.
The event helped raise funds for the Norcross Cooperative Ministry, an organization which provides emergency assistance to families in the city of Norcross and the Gwinnett County portions of Tucker and Doraville.
The 2008 Georgia General Assembly will adjourn for the year on Friday, April 4, 2008. The major issue facing House members last week was legislation allowing county governments to issue a tax to fund transportation projects. The bill passed, but with amendments.
Whether this measure is a viable option to funding and improving transportation is still unclear. Fortunately, we are having a serious discussion on the issue and working collectively to establish public policy to alleviate the burden many Georgians have travelling on congested highways and roads.
Please email my office at marinstatehouse@aol.com with your views on any issue that needs to be addressed or whenever I can be of service.
If you want to further examine my legislation, please click onto the following link.
Marin Legislation
2008 Legislative Highlights
The House has adopted several key pieces of legislation which include the following:
Transportation Funding (SR 845) - was adopted in the House by a vote of 136-35. The resolution would amend the state Constitution so as to authorize county governments to propose to the voters of their county a one-cent sales and use tax to fund transportation projects. 80% of the funds would be spent on county projects while the rest would go to state funded transportation projects.
Amendments were added to include an opt-out mechanism for counties prior to a regional vote and to exempt off-road fuel from the tax. A third amendment requested by the House Democratic caucus dedicates the fourth per cent that is currently taxed on motor fuel to transportation purposes including transit. Currently the fourth per cent on gasoline is not dedicated to DOT but instead goes to the general fund and may be used in any part of the state budget.
The opt-out mechanism would allow a county to opt out of a regional vote by a majority vote of the county commission. The vote must occur within 45 days of the region setting its transportation list to be valid. If a county commission votes to opt out, they would then have 15 additional days to reconsider that vote. If a county commission does not vote, they are deemed to have agreed to the transportation list and to participate in the regional vote.
A conference committee will be working out the differences between the House and Senate versions of SR 845.
State Budget in Conference Committee (HB 990) - the House disagreed to Senate changes of HB 990, the state's $21.2 billion budget for fiscal year 2009 which begins July 1st. Some of the changes the Senate made include cutting $10 million the House had for equalization grants that help low wealth schools, cutting $35 million of the $90 million the House added to begin restoring the austerity cuts to the Quality Basic Education Funding Formula that funds K-12 public education and eliminating the pay raises for correct ional officers that was in the House document. House and Senate conferees will now begin hammering out a compromise between the two versions of HB 990.
False Identification Documents; Change Penalties Based Upon the Age of the Convicted Person / Nature of Crime (SB 421) - was unanimously adopted in the House. The bill would increase the maximum fine to $100,000 for any person 21 years old or older who manufactures, alters, sells, distributes, delivers, receives, possesses, or offers for sale or distribution fake IDs. It also allows sentences for those convicted from one to five years in jail. The first offense is punishable as a misd emeanor.
Care of a Grandchild Act; Provide Subsidy to Certain Grandparents Raising Grandchildren Under Certain Circumstances (SB 88) - was adopted in the House by a vote of 163-1. The bill would permit parents of minor children to delegate to any grandparent residing in Georgia care giving authority when a hardship prevents the parent from caring for the child.
Limousine Alcohol Sales (SB 385) - was adopted in the House by a vote of 128-26. The bill would allow limousine drivers to sell alcohol to their customers.
State Insurance Premium Taxes; Certain High Deductible Health Plans (HB 977) - was adopted in the House by a vote of 122-39. The bill would provide for an exemption for certain high deductible health plans sold or maintained in connection with a health savings account with respect to state insurance premium taxes. The bill will also provide that the taxable net income of any taxpayer of this state shall not include premiums paid for high deductible health plans established and used with a health savings account.
Absentee Ballots; Allow Electors to Request / Cast Without Stating a Reason; Allow Electronic Submission of Requests by Certain Electors (SB 387) - was adopted in the House by a vote of 144-11. The bill would allow electors to request and cast absentee ballots without stating a reason for doing so. The bill also allows the electronic submission of absentee ballot requests by certain electors and requires registrars and absentee ballot clerk s to determine the eligibility of electors to vote by absentee ballot.
The Specifics on Transportation Funding Legislation
Senate Resolution 845 provides for a constitutional amendment this November which would allow regions to create a regional transportation plan through their RDC. The regions would then take the plans to their voters in a separate regional referendum for approval along with up to a 1% sales tax to pay for it. A project list would be required to be published before the vote and the tax would have a sunset to ensure that voter's have accountability.
Amendments were added to include an opt-out mechanism for counties prior to a regional vote and to exempt off-road fuel from the tax. A third amendment requested by the Democratic caucus as well as some conservative Republicans dedicates the fourth per cent that is currently taxed on motor fuel to transportation purposes including transit. Currently the fourth per cent on gasoline is not dedicated to DOT but instead goes to the general fund and may be used in any part of the state budget.
The opt-out mechanism would allow a county to opt out of a regional vote by a majority vote of the county commission. The vote must occur within 45 days of the region setting its transportation list to be valid. If a county commission votes to opt out, they would then have 15 additional days to reconsider that vote. If a county commission does not vote, they are deemed to have agreed to the transportation list and to participate in the regional vote.
SR 845 needs to receive 120 votes on the House floor to move to the Senate. It is expected that the Senate will move to disagree to the House version in order to send the legislation to a conference committee where final details will be worked out. The resolution will then be reported out of conference to the Senate and House where it will again need a two-thirds majority to become law.
Last week was one of the busiest in the 2008 Georgia General Assembly. With the legislative session at the halfway point, members of both chambers are working feverishly to introduce and pass legislation.
I will continue to support legislation that benefits Georgians by addressing their most poignant needs and improving their quality of life. I ask all of you to stay informed so that you can remain engaged. Your efforts will ensure a success legislative session.
Please email my office at marinstatehouse@aol.com with your views on any issue that needs to be addressed or whenever I can be of service.
If you want to further examine my legislation, please click onto the following link.
Marin Legislation
Legislative Highlights
The General Assembly had a busy week addressing key legislative issues. Some of the bills voted on were:
Bills Adopted by The House
Early Care and Learning; Fingerprint Record Checks (HB 904) - was adopted in the House by a vote of 159-1. The bill would require certain employees to have state and national fingerprint checks prior to being employed at a day-care center, group day-care home, family day-care home, or child care learning center.
Traffic Accidents; Illegal Immigrants; Seize Vehicle (HB 978) - the House adopted HB 978 by a vote of 104-51. The measure calls for any motor vehicle registered in the state that is being driven by an illegal immigrant when pulled over for a traffic stop, or violation, or involved in an accident, to be seized under Georgia's traffic forfeiture laws. The legislation also includes rented or leased vehicles if the owner k nows or should have known the driver is an illegal immigrant.
Design-Build Contracts; Standard for Award (HB 1124) - the House adopted HB 1124 by a vote of 158-0. It is the result of the Joint Transportation Study Committee and would allow for the selection of design-build contracts with the Department of Transportation. These contracts combine engineer and contracting work together which has proven to increase the completion time of road projects. It also requires, beginning in FY 2010, the Department of Transportation to use the design-build procedure to award at least 5 percent of the monetary value of all its construction contracts.
Georgia Transportation Infrastructure Bank Act (HB 1019) - the House adopted HB 1019 by a vote of 162-1. The measure charters the Georgia Infrastructure Bank to assist financing qualified road projects for communities. Local governments could borrow from the bank at a reduced rate for infrastructure improvements allowing projects in communities all over Georgia to be funded in a timelier manner. Federal funds could be maximized easier under the legislation too also speeding up projects that have been stalled. Governor Perdue has proposed $50 million to start up the Georgia Infrastructure Bank.
Postsecondary Education; Attaining Residency Status (HB 1091) - the House adopted HB 1091 by a vote of 155-3. The bill would crack down on out-of-state residents receiving the HOPE Scholarship. It requires college students to live in Georgia for 12 consecutive months before they qualify for in-state tuition rates or a HOPE scholarship.
IncomeTtax Credit; Historic Structures Rehabilitation (HB 851) - the House adopted HB 851 by a vote of 152-1. The bill would increase the default tax credit for the rehabilitation of a historic home from 10 to 25 percent of the qualified rehabilitation expenditures in the year when the certified rehabilitation is completed. The legislation increases the maximum amount of the tax credit for a 120 month period from $5,00 0 to $100,000.
Wine; Shipped to One Customer; Limit Number of Cases (HB 1061) - the House adopted HB 1061 by a vote of 126-8. Under the bill, a case of wine could be direct ordered from a winery over the internet with a limit of up to twelve cases per year. Purchasers would also have to provide verification that they are 21 years of age.
Georgia Prescription Monitoring Program Act (HB 455) - the House passed HB 455 by a vote of 149-8. Under the legislation, pharmacists would have to provide the state detailed records about everyone for whom they fill prescriptions for narcotics and other controlled substances.
Tuskegee Airmen Parkway (HR 1023) - the House adopted HR 1023 by a vote of 157-0. The measure recognizes and honors The Tuskegee Airmen for their dedicated service to Georgia and the United States. The resolution also names a portion of Camp Creek Parkway in Fulton County as the Tuskegee Airmen Parkway.
Out-Of-State Law Enforcement Officers; Arrest Certain Offenders (HB 983) - the House passed HB 983 by a vote of 130-1. The bill would allow law enforcement officers from Alabama, South Carolina, Florida, North Carolina and Tennessee to enter Georgia in a felony pursuit.
State Purchasing (HB 1113) - the House adopted HB 1113 by a vote of 163-0. The bill would set rules, regulations, and guidelines for state purchasing cards.
Bills Adopted by House Committees
Community Development (HR 1364) - was adopted by the House Judiciary Committee and sent to the House Rules committee for consideration. The resolution would amend the state Constitution so as to authorize community redevelopment and authorize the funding of redevelopment purposes and programs, including the payment of debt service on tax allocation bonds.
Tax Plan (HR 1246) and (HB 979) - were adopted by the House Rules committee and put on the House general calendar for a vote. The bills would require Georgians to cease paying ad valorem taxes on personal cars and trucks. They would also discontinue paying the school portion of ad valorem taxes on their homes. The funding would be made up for by a 4% sales tax on food, lottery tickets, and personal services. Exemptions are business to business transactions, medical, child, and education services.
Bona Fide Large Forest Land Conservation Use Property; Special Assessment and taxation (HR 1276) and (HB 1211) - were adopted by the House Ways and Means Committee. Both bills would provide for the special assessment and taxation of bona fide large forest land conservation use property.
Indigent Defense (HB 1245) - was adopted by the House Non-Civil Judiciary committee. The bill would increase the influence of county governments over the statewide public defender system. It also would prohibit senior judges from presiding over death-penalty cases, which lawmakers hope will address concerns over the mountainous legal fees spent so far on the case against alleged Fulton County courthouse shooter Brian Nichols.
The legislation would increase by four the number of county commissioners on the board of the Georgia Public Defender Standards Council, which oversees the statewide system.
The bill as well would make counties share some of the burden in paying for the defense of indigent capital cases when private attorneys - not state-salaried capital defenders - must represent the accused. After the defender council pays the first $150,000 in legal fees, the council pays 75 percent and the local county 25 percent of the next $100,000 in fees, the bill says. Beyond $250,000 in legal fees, the state and the local county split the cost of the defense.
The legislation also would decrease the income threshold misdemeanor defendants must meet to get legal help, from 125 percent of the federal poverty guidelines to 100 percent of the poverty level.
Water Resources; Local Government Restrictions; More Restrictive than State; Prohibit (HB 1281) - was adopted by the House Natural Resources and Environment committee. The bill would require local government to obtain permission from the state's top environmental regulator to enforce outdoor watering restrictions which are stronger than existing state law. The bill would also prohibit any restrictions on swimming pools, unless there would not be enough water for people, farms, or industries.
English; Official Language of the State of Georgia [[linkhttp://www.legis.ga.gov/legis/2007_08/sum/hr413.htm (HR 413)]] - the bill, which would amend the state Constitution to make English the official language in Georgia, failed to receive the necessary votes for adoption. The bill is considered unnecessary to many due to passage of SB 519 in 1996 which codified English as the official language in Georgia.
Bills Still Under Consideration
Elections; Voter Registration; Proof of Citizenship (HB 1175) - would provide that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations.
In other legislative news:
[[Dedication of Historical Marker Leo Frank]] (SR 1066) - would commemorate the lynching of Leo Frank with a state historical marker. Frank was sentenced to death for the 1913 murder of 13-year-old Mary Phagan. Doubts about his guilt led Gov. John M. Slaton to commute his sentence to life in 1915. In response, a mob seized Frank from prison, took h im to Marietta and hanged him. Further evidence of Frank's innocence surfaced in later years. In 1986, Gov. Joe Frank Harris pardoned him posthumously.
MARTA; Allow a Transportation Services Contract to Authorize the Extension of/Addition to the Authority's Existing Rail System (SB 332) - the bill, currently awaiting consideration in the House, amends the Metropolitan Atlanta Rapid Transit Authority Act of 1965 to allow transportation services contracts to authorize the extension of or addition to the Authority's existing rapid rail system.
Education; Require Local School Systems and Schools to be Accredited (SB 458) - was adopted by the Senate Education and Youth committee. The bill would grant school vouchers to students from schools or districts that lose their accreditation or fail to attain it.
Indigent/Elderly Patients; Establish Safety Net Clinic Grant Program (SB 395) - was adopted in the Senate by a vote of 49-0. The bill would create grants to establish "safety net clinics" for indigent and elderly patients.
Georgia Health Marketplace Act (SB 404) - was adopted the Senate Health and Human Services committee. The bill would create a "Georgia Health Marketplace" and authorize use of General Treasury dollars for a web-based sale of certain traditional health insurance products as well as non-insurance products.
Latino State Democratic Leader Opposes English Only Legislation
Duluth - On Tuesday, February 26, Rep. Pedro Marin (D-Duluth) spoke before his colleagues in the State House of Representatives in opposition to HR 413 which calls for a Constitutional amendment to declare English as the state official language.
Below is the speech given by Rep. Marin:
Today I stand here before you in opposition to House Resolution 413 which would call for a statewide referendum to amend the state Constitution in order to declare English as the official state language, and more important, prohibit the use of any language other than English by the state and local governments with exceptions.
My opposition to this bill stems from three reasons:
First, we in the General Assembly have a duty and obligation to hardworking Georgians to address key issues by establishing fair and practical public policy. To my estimation, many of our constituents are deeply concerned about their own personal welfare. We live in a state where foreclosures have become commonplace and good families are losing their homes. Yet, we are here today to discuss English only legislation. There are 300,000 children uninsured in our state due to the high cost of healthcare coverage. Yet, today we are considering legislation to declare Georgia an English only state.&n bsp; Our public education system ranks as one of the worst in the Nation while those in power have sought to cut $1.4 billion from the education budget thereby leaving the burden of paying for public education on the backs of everyday homeowners who cannot afford healthcare coverage for their children or pay their mortgage. Yet, the issue we want to address today is not the aforementioned, but a symbolic gesture stating the obvious. I hope the legislation my colleagues have introduced to address the real concerns Georgians are struggling with is given equal consideration as this bill today. We have no time for symbolism, the good people of Georgia need action.
Second, is the additional responsibility we are placing upon local governments without a single dime or thank you from the state. We are asking our civil servants to work with one hand behind their back, with one eye on those who might look foreign, and one ear to listen out for non-English sounding utterances. It is unfortunate some in the General Assembly have a penchant for establishing laws without taking into consideration how it should be implemented and enforced, by whom, and how it should be funded. Sometimes they care solely about touting their success in passing legislation, but do not give a second thought on the human toll of their actions. People, whether you speak English or not, rely on government for assistance, guidance, and service. Our local governments are everyday trying to find new ways to operate efficiently, effectively, and maintain a positive relationship with those who live in their political jurisdiction. Will HR 413 benefit their efforts or serve as a barrier to fulfilling their obligations? I would argue the latter.
It is not in our best interest to transform government into an institution that provides service with language stipulations. According to the U.S. Census, there are almost 75,000 native born Americans in the state of Georgia who speak English less than very well. That might not seem like a large number, but these people matter. They are entitled to certain rights and privileges afforded to all citizens of this great Nation, and we in Georgia are obligated to provide it. Their proficiency to speak English should not serve as a deterrent or litmus test in order to interface with government.
We cannot, in good conscience, support an unfunded mandate that places additional responsibilities upon our local governments and potentially deprives thousands of Americans their right to assistance, guidance, and service. Simply put, HR 413 offers no benefit to our local governments, our citizens, and to our reputation as a state.
Third, I am amazed how controversial and highly contentious legislation always emerges during major elections. In 2002, we voted on the state flag, in 2004 a Constitutional amendment to prohibit gay marriage was on the ballot, and in 2006 and 2008 the issue of immigration has taken center stage. I would like to think the General Assembly is anxious to speak with constituents and share our victories in addressing the water crisis, helping families keep their homes, spurring economic growth, providing healthcare coverage for children of working families, improving our educational performance, developing a transportation plan that supports public transit, identifying ways to keep Georgia green, and other policy issues that will keep our voters in their homes, at their job, healthy, and productive. Instead of wast ing our time on cheap symbolism and dime store legislation, why don't we spend some time on substance and solutions. It is time to represent the interests of Georgians--for this is the House of the people, nothing more and nothing less.
I too am America.
Latino State Democratic Leader Opposes Passage of Controversial Legislation
Duluth - Last Thursday the House adopted HB 978 by a vote of 104-51. The measure states that any motor vehicle registered in te state that is being driven by an illegal immigrant when they are pulled over for a traffic stop, or violation, or involved in an accident, can be seized under Georgia's traffic forfeiture laws.
The legislation also includes rented or leased vehicles if the owner knows or should have known the driver is an illegal immigrant. Owners could get their car back if they sign a sworn affidavit saying they did not know that the person driving their car was an illegal immigrant. "This bill will cause more problems for local law enforcement and possibly violate the rights of many individuals legally living in the United States," said Rep. Marin.
Questions were raised during the debate on how local law enforcement will check the immigration status. There were reservations as well on how language in the legislation creates a presumption of guilt first when someone is pulled over. Rep. Marin also wondered "why the bill was assigned to the House Special Rules committee as opposed to Motor Vehicles, Non-Civil Judiciary, or any other committee germane to HB 978. Special Rules addresses legislation to commemorate or acknowledge special events and individuals. Are we celebrating the fact this bill infringes upon the property rights of people and can lead to racial profiling?"
Rep. Marin was also highly offended at the notion that Georgia needs protection from the "epidemic" of illegal immigration as stated by the bill's author Rep. James Mills (R-Gainesville). "The only epidemic in Georgia is ignorance. Once we find a cure I am sure our General Assembly will discontinue adopting legislation like HB 978," noted Rep. Marin.
Today was a great week for education. Republican leaders sought to restore the $141.5 million in public education cuts proposed by Governor Sonny Perdue. This act by the House will take our local school board out of the precarious situation of either resorting to drastic cuts or increasing property taxes.
As well, HB 960, which I co-sponsored, was unanimously adopted in the House and is now headed to the Senate for consideration. I am glad to work with my Republican colleagues to pass legislation that will benefit many Georgians.
Please email my office at marinstatehouse@aol.com with your views on any issue that needs to be addressed or whenever I can be of service.
If you want to further examine my legislation, please click onto the following link Marin Legislation
Legislative Highlights
The General Assembly had a busy week addressing key legislative issues. Some of the bills voted on were:
Last week, House Democrats commended their Republican colleagues for taking measures to restoring the proposed $141.5 million austerity cut, recommended by the Governor in his budget, to the Quality Basic Education Act.
"We have been calling for this all along because it has caused property taxes to rise throughout the state," said House Democratic Caucus Chairman Calving Smyre (D-Columbus). Since 2002, the Governor has cut public education funding by over $1.5 billion. Without these funds, local school boards are forced to either slash their budgets, and therefore depriving students of essential services, or raise property taxes in the midst of high foreclosure rates and a slow economy. We should not put our school leaders in such a position.
The actions taken by Republicans last week is an excellent first step to rededicating ourselves to public education and providing all children of Georgia a chance to succeed.
Fingerprinting Childcare Employees (HB 904) - was adopted in the House by a vote of 159-1. The bill would alter the definition of a "Records Check Application" for childcare employees to include a state and national fingerprint records check determination. Currently, the national fingerprint records check is not required.
Juvenile Courts; Deprived Child; Permanent Guardian (HB 1040) - was adopted in the House by a vote of 156-0. It would allow the Juvenile Courts the authority to grant a permanent guardian for a child whose custody is at issue before the court after a determination that the child is being deprived.
Water Resources; Water Supply (HB 1226) - would create a new water supply division to fast-track the building of reservoirs by using existing staff from the State Department of Natural Resources' Environmental Protection Division and hiring private contractors to identify, conduct environmental impact studies, and construct new reservoirs.
Feticide; Drug Ingestion; Create Offense (HB 1204) - would create a new crime, "feticide by drug ingestion," defined as when a person willfully and without legal justification solely causes the death of a viable fetus by the ingestion of drugs, and would be punishable by life in prison.
Ecstasy; Certain Trafficking; Bailable Only Before Superior Court Judge (HB 960) - was adopted in the House by a vote of 154-0. The bill, which I co-sponsored, would allow for the sale, manufacture, delivery, or distribution of 28 grams or more of ecstasy to be bailable by a Superior Court Judge.
Children and Family Service Strengthening Act of 2008 (HB 1054) - was adopted in the House by a vote of 99-67. The bill would combine the Children and Youth Coordinating Council and the Children's Trust Fund Commission into the new Governor's Office for Children and Families.
Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission (HR 1206), (SR 822) - The House and Senate adopted similar legislation which asserts that a flawed 1818 survey mistakenly placed Georgia's northern line just short of the might Tennessee River. The bills call for the governor to establish a commission to further investigate the matter.
In other legislative news--
County Governments; Transportation Improvement Sales and Use Tax (SR 845) - was overwhelmingly adopted in the Senate by a vote of 51-4. The resolution would amend the state Constitution so as to authorize county governments to propose to the voters of their county a one-cent sales and use tax to fund transportation projects. 80% of the funds would be spent on county projects while the rest would go to state funded transportation projects.
Tax Plan Takes Center Stage
Speaker Glenn Richardson took center stage last week when he testified for over 2 ½ hours during a House Ways & Means Committee subcommittee meeting on the latest version of his tax reform legislation.
His legislation, HR 1246 and HB 979, is collectively known as the "Property Tax Reform Amendment." These two bills, one a proposed Constitutional Amendment and the other the enabling legislation, are intended to provide a homestead tax relief grant for education property taxes, a similar credit against all property taxes on motor vehicles owned by individuals and a repeal of the state property tax.
Funding for these property tax credits would come from expanding the state sales tax on groceries, lottery tickets, and 174 consumer services. A sales tax would not be imposed on education, child care, health care or business to business services or on construction of new residential property.
The Speaker has also suggested that SR 796, property assessment cap legislation by Sen. Chip Rogers (R-Woodstock) that is now pending in the House Ways & Means Committee, would be amended in the House to either include a millage rate cap or a property tax revenue cap on local governments.
The Speaker made it very clear during his testimony last week that he wants the subcommittee to pass the legislation this Wednesday so the full Ways & Means Committee can pass it on Thursday. He then wants the full House to vote on it early next week.
The Speaker's schedule for passage of this legislation is fast and furious and allows little time for House members to fully understand or appreciate the ramifications of the proposed legislation. It should also be noted that no public input is being allowed on HR 1246 and HB 979.
GMA is opposed to the Speaker's tax reform legislation and would oppose any efforts to amend SR 796 to include millage rate caps or property tax revenue caps on Georgia's cities, counties and schools. While not perfect, the current tax system works with Georgia's current level of state and local taxation continuing to be an important factor in the state's continued growth. And just as importantly, the current system keeps funding decisions local; the Speaker's proposal is the first step in taking local control away.
GMA urges city officials to contact their House members, both Republican and Democrat, and ask them to vote against HR 1246 and HB 979. Let them know that you and city officials across the state want a comprehensive study of our state and local revenue structure before serious damage is done by passing ill conceived legislation that takes away local control and relies too heavily on one revenue source.
Please visit the Georgia Municipal Association website for more information.
Tax Credit for Qualified Citizenship Expenses
Within the last couple of years, the cost for U.S. naturalization has increased 80% from $330 to $595 for adult applicants and $225 to $460 for children.
Couple these costs with the 14% increase for fingerprinting, paying for photographs, application assistance, and taking English and civic classes, and an those seeking to naturalize will have to pay thousands of dollars to do so.
In recognizing that many immigrants, refugees, and asylees might find such costs difficult to pay, I have sponsored bi-partisan legislation (HB 1219) to provide low income families, who have incurred qualified citizenship expenses, a tax credit of up to $300.
This tax credit will also be offered to those serving in the Armed Forces who have become naturalized citizens.
The men, women, and children who apply for citizenship are making a powerful statement by indicating their commitment and allegiance to the United States. They should not be denied the opportunity to enjoy the American dream simply due to their economic condition. We should never turn our back to those who want to move ahead in life. As Americans, it is our responsibility to lend a hand and assist our fellow citizens. HB 1219 will do just that.
Poll on public transit worth some serious attention
Athens Banner Herald
Story updated at 10:58 PM on Monday, February 18, 2008
A recent poll conducted by the University of Georgia's Carl Vinson Institute of Government should command the attention of anyone seeking election - or re-election - to their local city council or county commission, or to the state legislature.
According to the Peach State Poll conducted last fall, Georgians "are more than twice as likely to favor expanding public transportation (70 percent) over building more roads and highways (24 percent) as a priority for state government spending on transportation." Furthermore, according to additional explanatory notes included with poll results, "there was no statistical difference in opinion on priorities between those living in the Atlanta metropolitan area and those living in other parts of the state, although those living in urban areas generally are more likely to favor spending on public transportation (80 percent) than are those living in suburban or rural areas (68 percent)."
In other words, in a state where roadbuilding has been, at all levels of government, the consistently applied approach to addressing the issue of how best to get people from one place to another, the people those governments are supposed to be serving are expressing a clear preference for alternative approaches. In that light, it's interesting to note that the preference for public transportation extends from metropolitan areas to the suburban and rural areas of the state. That means that even those who don't - at least for now - have access to public transportation recognize it as an appealing alternative to attempting to pave a way out of traffic congestion.
Before going any further, it's important to note, as information accompanying the Peach State Poll does, that merely supporting public transportation doesn't necessarily translate into actually using that option. "There is no evidence in the polling data, despite a desire to reduce the volume of traffic, that Georgians are willing to use alternative transportation options," the poll notes, adding that a 2005 Peach State Poll found that "even rising fuel costs were unlikely to result in major changes in commuting behavior; the personal automobile and the freedom and flexibility that come with having one's own vehicle are driving Georgians' commuting decisions."
It's also important to note that a November 2006 Peach State Poll found that 59 percent of people who have access to public transportation don't use it, because the time and frequency of service isn't convenient, or transit stops aren't close enough to their residence, or routes don't serve their needs.
Still, a perceptive public official or office-seeker could, and maybe should, note that the latest Peach State Poll provides an indication the public might be inclined to support spending on public transit over spending on road construction, if the public transit option was convenient, went to places they needed or wanted to go, and did so on a schedule that made sense for them.
Of course, it might be some time before a full-fledged public transportation system makes sense for rural areas of the state, although even in those areas, reliable and frequent bus or van transportation to nearby metropolitan areas might be a worthy initiative.
For the state's metropolitan areas, however, last fall's Peach State Poll ought possibly be seen as a wake-up call for elected officials. It may be that taxpayers are signaling a willingness to pay for effective and efficient public transportation options, and, by extension, a willingness to support elected officials, or candidates, who support public transit.
Published in the Athens Banner-Herald on 021908
Mourning the Loss of a Good Friend
Last Tuesday, Sara Gonzalez, President and CEO of the Georgia Hispanic Chamber of Commerce, passed away unexepectedly to the shock of many. It is with a heavy heart, that I offer my condolences to the family of Sara Gonzalez, the Georgia Hispanic Chamber of Commerce, and everyone who had the pleasure of knowing her.
Sara was a dynamic woman whose vision and leadership opened many doors for Latinos in the private and public sectors. Her legacy of increasing opportunities for Latinos to succeed and make a difference in Georgia cannot be understated.
I am proud to have called her my friend.
Republican leaders are again using the State Capitol as their own boxing ring. Speaker Glenn Richardson called for the house to override twelve of Gov. Perdue's vetoes. Many members of the house, including the house democratic caucus, supported his efforts to ensure our constitutional authority is not undermined by the executive office.
Please remember Monday begins early voting for the Feb. 5 Georgia Primary. Do not miss this opportunity to make history.
Last, Gov. Perdue issued his State of the State address highlighting is legislative agenda. Democrats offered their response which was more reflective of the concerns and values harbored by many Georgians.
Please email my office at marinstatehouse@aol.com with your views on any issue that needs to be addressed or whenever I can be of service.
Legislation Highlights
The venom and acrimony displayed by Republican leaders last session emerged during the start of the 2008 Georgia General Assembly when speaker Glenn Richardson called for the house to override twelve of the governor's vetoes. The legislation is now in the Senate Rules Committee awaiting consideration.
Some of the bills overridden were:
HB 229, would establish a true measure of decreasing lottery reserve funds prior to eliminating student funding. Under current law, students are in jeopardy of losing their book allowances if there is any decline in lottery funds for education. The legislation requires there to be an actual trend of less than 90% of a previous year-end budget before removing any funding currently issued to Hope Scholarship recipients. Under the new formula, during the first year all scholarships and grants for book allowances may not exceed $150.00 per academic year. If the trend continues the next year, such book stipends will be suspended entirely.
HB 91, would provide details on state agency spending by requiring each agency to submit annual reports to the lt. governor, speaker of the house, senate and house appropriations committees, the house budget office, and the senate budget evaluation office.
HB 529, would add a new code section to establish both a house budget office and senate budget office. This new section empowers these offices to request information from all state departments, boards, bureaus, commissions, committees, and authorities.
HB 559, would provide for teachers and employees of charter schools to be considered employees public school systems for the purpose of participating in health insurance plans for teachers and other school personnel.
In Other Legislative News--
Bills which I have authored or co-sponsored this legislative session:
HB 942, which I sponsored, would provide temporary permits for foreign-born professional counselors where English is a second language within their practice. The bill is awaiting consideration in the House Committee on Regulated Industries.
HB 943, which I sponsored, would require continuing education in cultural competency for licensure of health care professionals to address disparities in medical treatment decisions based on race, ethnicity, and gender. The bill is awaiting consideration in the House Committee on Regulated Industries.
HB 960, which I co-sponsored, would require certain trafficking in ecstasy to be bailable only before a superior court judge.
Additional House Action--
HR1022, the state water management plan, was adopted by the full house and will go to the appropriate senate committee for consideration.
HB 130, was adopted by the House Banks and Banking Committeeand would allow Peach State consumers to freeze their credit reports for a fee. The bill would also mandate that a file be unfrozen within 15 minutes of a consumer's request to do so--which would be a first in the country--and would cap fines of credit bureaus at $10,000. HB 130 will now go before the full house for passage.
Overpaying for Gas
The Georgia Public Service Commission (PSC) has modified its natural gas price comparison chart to better assist consumers with finding a natural gas price plan that best fits their needs.
What the new price comparison chart reveals is disturbing. There are companies charging over $50 more, than their competitors, for the same service! Contact your natural gas provider and ask for a lower cost plan. For additional information or to examine the PSC natural gas price comparison chart please go to the Georgia Public Service Commission website.
Democratic Response to the Governor's State Address
Georgia Demorcats issued a sharp response to gov. Sonny Perdue's annual State of the State address, calling for Republicans to put aside their internal differences for the good of the state, and introduced a framework for an alternative tax plan to the one introduced by the speaker of the house.
Representative Kathy Ashe (D-Atlanta) delivered the address before a crowd of Democrats, including members of the General Assembly. In response, Ashe stressed that the Democratic agenda comes from their constituents and, "our shared values."
The response covered a broad range of issues, from affordable health care to transportation to Georgia's water crisis, but education topped the list. "We believe that we should reduce class sizes and make Georgia's teachers the envy of America," Ashe said. She also criticized the Governor's record on education, saying, "Despite his rhetoric and rosy promises, Governor Perdue is introducing $141 million in cuts to education this year. As a result, our schools will be underfunded by at least $1.5 billion."
Ashe also previewed a tax plan to be offered by Democrats. "Our plan restores much-needed funding to our public schools, and eases the strain on local governments, giving them the freedom to do what their constituents demand, keep our obligation to our children, and reduce property taxes," she said.
The Democratic plan proposes to fund the Quality Basic Education Act for the first time in over 20 years.
To read the entire speech please visit the Georgia Democratic Legislative Caucus website.
As members of the Georgia General Assembly, we are all fully aware of the political significance 2008 holds nationally and in our state. It is essential we take the appropriate stance on public policy that will have a dramatic impact on the quality of life of those we represent.
Whether it is tax reform, healthcare, water, or education, our responsibility first and foremost is to the people. It is with the people that we have to align ourselves and continue to struggle against those who promote fear and consistently ignore what is in the best interest of all Georgians.
This year, several issues have surfaced that will likely dominate the upcoming Georgia General Assembly. As well, there is legislation from the 2007 session that will be revisited for adoption.
Key policy issues are:
Water Crisis
Water has become a hot button legislative issue in Georgia. The importance of this natural resource became even more evident over the summer, which was the driest ever. Now is the time for federal, state, and local governments to collaborate on resolving this crisis. I am confident this can happen. We just need leadership, vision, and full cooperation from the private sector, government, and residents.
Why is this issue so important? By 2030, current wastewater and water supply service for metro Atlanta will double just to meet the growing demand. As well, by that same year all major sources of water supply for the metro Atlanta region may be fully tapped. The situation is even more desperate in North Georgia. There is a strong possibility we can run out of water.
In all honesty, our mentality with regard to water consumption is going to have to change. We need to understand that water is not an infinite resource. Government can play a role in changing how we use water by offering incentives to homes and businesses. Those who proactively employ new techniques, purchase equipment, or take some other substantive step to minimize water consumption should be compensated for their actions. Tax incentives can also lead to innovation and the development of new goods and services capable of meeting the challenges we now all face.
We must establish a sustainable water conservation policy and other viable solutions that are practical, fair, and effective.
Tax Reform
Recently, Speaker Glenn Richardson has trimmed his GREAT plan to eliminate all property taxes in Georgia — and instead will push for the removal of school taxes paid by homeowners, and taxes on personally owned cars and trucks.
Under his proposal, about 1.9 million Georgia homeowners would see their annual property taxes decrease substantially, depending on their current school millage rate. The elimination of annual taxes on cars and trucks would affect about 6 million vehicles.
The speaker said his revised plan would cost about $1.3 billion, and would be paid for in three ways:
The restoration of the sales tax on groceries, a new sales tax on state lottery tickets, and a broadened sales tax that will extend to fees paid to attorneys, accountants, architects, plumbers, electricians, haircuts and mechanics.
With regard to HR 900, it is a question of whether local governments will have the flexibility to improve their local economies and adequately fund their government operations; whether small businesses will suffer from having to pay a tax for services they rely on; and whether it will prevent poor Georgians from receiving medical care, legal assistance, purchase groceries, or fix their homes.
The governor and the lt. governor have publicly questioned the proposed tax policy citing concerns of limiting local control over fiscal matters. There needs to be more research on the impact of changing our tax structure. Many of us are property owners and would love to do away with property taxes, but not at the expense of small businesses, local authority, and our most vulnerable citizens.
We must ensure, as representatives of all Georgians, that tax reform should be incremental and with the intention of making taxation progressive in Georgia and not a burden upon hardworking Georgians trying to make a decent living.
Mortgage Crisis
In Georgia, the high foreclosure rates produced by failing subprime loans are costing communities millions of dollars in hidden losses. When foreclosures are clustered in concentrated areas, cities generally incur costs for combating crime fostered by vacant structures, dropping property values on surrounding homes and loss of tax revenue.
As well, according to a report released by the U.S. Conference of Mayors, home foreclosures in metro Atlanta will reduce the area's economic growth by $954 million in 2008. The time for action is now.
Besides the mortgage crisis, there is another mortgage issue we must address.
According to their research of federal mortgage data, nearly half of blacks who bought a house in 2005 or 2006 ended up with a high-interest mortgage, compared with 13 percent of white home buyers.
The disparity was striking, even in a comparison of home buyers with similar incomes. Among black home buyers making more than $100,000 a year, 41 percent got a subprime mortgage, compared with 7 percent of whites in the same income category.
In Georgia, 50% of black households own a home compared to 75% of white households. It is easy to understand why such a disparity exists in light of this new information. African Americans, as a whole, will never enjoy the benefits of homeownership, if they are solely being offered the worst possible mortgages available.
During the 2008 legislative session we must attend to these matters for the sake of our communities, especially if race is playing a role in determining eligibility for prime mortgage loans which mitigates the possibility of foreclosure.
Healthcare
SCHIP, and state programs like PeachCare, have enjoyed bipartisan support both on the federal and state level. The people of Georgia and throughout this country want a viable and affordable option for healthcare. Elected officials throughout this nation, and especially in Georgia, must respond to the needs of their constituents. If not, then they must be held accountable.
We must continue to advocate for a state healthcare program capable of serving all children whose family cannot afford private coverage. Healthcare should not be seen as a luxury enjoyed only by the few. It is as vital to preserving our society as protecting the environment, educating our children, and strengthening our economy.
Legislation from 2007 that we must be aware of:
Slavery Apology Resolution. HR 1011 calls for the acknowledgment of Georgia's role in slavery and Jim Crow segregation and urges reconciliation. Georgia must have the courage and conviction to atone for its past.
Firearms in automobiles. HB 89 would allow motorists to conceal a weapon anywhere in their vehicle, as opposed to the current law requiring a weapon to be stored in a locked glove compartment.
Death penalty changes. HB 185 would require only a minimum of 10 out of 12 jurors to recommend the death sentence as opposed to current law which requires a unanimous vote. The bill was defeated in the Senate Judiciary Committee.
Senior tax cut. HB 195 would eliminate the state income tax on all retirement income, failed to make it out of committee.
Our message must be unequivocal on these issues. We represent the interests of the people—rural and urban, black and white, rich and poor. Georgia is in need of real leadership, bold vision, and sound decision-making. I look forward to working with my colleagues to make this happen.
Since first taking office in 2002, I have tried to represent the interests of my constituents and all the citizens of Georgia. During this upcoming Georgia General Assembly I will continue to support those issues that benefit hardworking Georgians and their children.
In January, I intend to sponsor legislation that will—
Require insurance companies in Georgia to provide medical coverage for infertility treatments. My bill defines infertility as "the condition of an otherwise presumably healthy individual who is unable to conceive or sustain a pregnancy during a period of one year" and would apply to insurance companies and the state health benefit plan; require coverage of "diagnosis, diagnostic tests, medication, surgery, gamete intrafallopian transfer, and in vitro fertilization;"and apply to women regardless of marriage status. As a father, I know firsthand the joy of being a parent. Anyway I can assist those who desire that same joy I will gladly do so.
Make the trafficking of ecstasy a Superior Court only bond similar to other trafficking offenses. The Gwinnett County Police Department has asked for my support on this issue. The sale of ecstasy is a growing problem in our county and we should provide our law enforcement and District Attorney all the resources they need to remove the drugs from our neighborhoods.
Increase the penalty for criminal trespass and damage to property in the first degree to not less than two or more than fifteen years in prison. We cannot allow criminals to destroy property essential to the provision of private and public goods and services. Millions of dollars are spent on repairs which customers have to absorb in their fees, service is halted, and the community looks in disrepair. This bill will protect our quality of life by preventing needless destruction of property.
The House of Representatives adopted a $20.2 billion state budget for fiscal year 2008, which begins July 1, 2007. The budget represents a 5.7 percent increase in spending over last year’s budget and dedicates $792 million to the state’s revenue shortfall reserve fund.
The budget measure (HB 95) does reduce the $140 million in austerity cuts to K-12 education that the Governor proposed in his budget proposal to $100 million. However, this comes after $1.25 billion in school cuts during his first term as Governor. Gov. Perdue’s school cuts have also driven up property taxes in nearly 100 school districts around the state.
Also included in the spending plan:
~ $18 million for the Governor’s “Go Fish Program”
~ $5 million to promote Charter Schools
~ $3.5 million to buy 100 new state trooper cars
~ $6 million for community grants
~ $650,000 for the State Ethics Commission
HB 95 now goes to the Senate for approval.
Congressman Jim Marshall of Macon came to visit the state House on April 10 and report on activities in Washington, D.C. Congressman Marshall is an attorney, the former Mayor of Macon and a Vietnam Veteran who has been named to the Army Ranger Hall of Fame.
In addressing lawmakers, he applauded efforts by the General Assembly to keep the PeachCare for Kids Program stable and said that it will be funded fully by Congress at the current level or even more. This was an indirect way of saying to the Georgia House that any cuts to the program that reduce eligibility and will add to the rolls of the uninsured, in the name of saving the program financially, are unnecessary.
Earlier this session, the House adopted HB 340 along a party line vote that reduces the number of families that could get health insurance for their children by lowering the eligibility for PeachCare for Kids from 235 percent of the federal poverty level to 200 percent. Estimates indicate that this could deny thousands of children the health care coverage they need.
An agreement was reached on HB 94, the supplemental budget for fiscal year 2007, which ends June 30. This week, a conference committee reached an agreement that strips out all “special projects” and would instead return the funds back to the taxpayers in the form of a $142 million property tax cut. Exactly how those funds will be distributed to the taxpayers remains under discussion.
The tax cut increases the homestead property tax exemption put in place by former Governor Roy Barnes from $10,000 to $12,750. HB 94 does continue to earmark funds for critical areas such as $194 million for a 2.65 percent jump in K-12 school enrollment; $81 million for the PeachCare for Kids Program; $11 million in disaster relief for the City of Americus which was hit by a devastating tornado; $40 million to assist in the startup of the new KIA Plant in West Georgia; and $9 million for the Public Defenders System.
Unfortunately, the proposed property tax relief may force the state’s adult literacy program to lay off all 246 instructors for two months.
Last week, the House Higher Education Committee heard testimony on HB 154, the intellectual diversity bill. If passed, the bill would require all institutions under the control of the Board of Regents of the University System of Georgia to submit annual reports to the General Assembly on their efforts toward intellectual diversity.
Supporters said it’s needed to protect college students from being chastised, intimidated and even threatened for their dissenting points of view. Opponents consider the proposal needless political meddling.
The House Economic Development & Tourism Committee approved a package of Senate-passed bills designed to authorize infrastructure development districts labeled "private cities" by critics in Georgia. SR 309 calls for a referendum to amend the constitutional authorizing the General Assembly to establish the creation and comprehensive regulation of infrastructure development districts. SB 200 is the proposed law governing the districts.
This is scheduled to be the final week of the 2007 session of the General Assembly, with “sine die” adjournment coming Friday, April 20.
Email: marinstatehouse@aol.com
State Representative Pedro Marin
Capitol
Georgia Gwinnett District 96
611 Coverdell Office Building
Atlanta, GA 30334
Phone: 404.656.0314
Fax: 404.651.5585
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