State Representative Pedro Marin - Georgia Gwinnett District 96

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Sunday - February 5, 2012

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

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.

Rep. Pedro Marin Speaks Out at Press Conference Opposing SB 67

Rep. Marin was invited to speak about SB 67, a bill that would require all Georgia legal residents to take the drivers' license examination in English only. Click here to see a video of the event. More than 20 Asian-American and Refugee organizations oppose the legislation. Organizations include:
Association of Chinese Professionals; Asian Cultural Experience; Asian Pacific Council of Georgia; Asian and Pacific Islander American Vote; Boat People SOS; Center for Pan Asian Community Service; Chinese Business Association of Atlanta; Chinese Community Federation of Atlanta; Culture Connect; Korean American Association of Greater Atlanta; Korean American Coalition; Korean Democratic National Organization; Korean American Resource and Cultural Center; Korean Resource Center; National Korean American Service and Education Consortium; Vietnamese American Community of Georgia; Organization of Chinese Americans; Pan Asian Action Network; Raksha, Inc.; Refugee Women's Network, Inc.; Thai American Chamber of Commerce; and the Thai Association World Center USA.

2010 Legislative Update

Bills Voted on by the House
Last week, legislators completed 36 of 40 legislative days. They met for three days with a focus on major issues-the amended FY10 budget yet to be finalized and taking up FY11 budget in the House for a vote. Two pending bills to raise needed revenues for the FY11 budget were essential in moving forward: HB 307 (Rep. Jim Cole, 125th) the Governor's bill to enact a 1.45 percent hospital provider fee to help fund the Medicaid budget and HB 1055 (Rep. Kevin Levitas, 82nd) which generates revenue by increasing a number of state fees.

The House and Senate had difficulty reaching agreement on these two bills and passage of both in some form was necessary to generate enough revenue to move forward with the FY11 budget. On Wednesday, House and Senate leadership signaled that an agreement had been reached when the House added language from HB 307 to HB 1055 and also added amendments creating permanent tax breaks for wealthy seniors to the bill. This amended version of HB 1055 passed the House, was agreed to in the Senate and has been sent to the governor for his signature. The House then passed their version of the FY11 budget.

A conference committee was appointed last week to finalize the Amended FY10 budget. Now that the FY11 budget has passed the House, the budget process must move quickly in the final four days. The Senate Appropriations Committee is expected to pass the FY11 budget on Tuesday, April 20 then move to the Senate floor for a vote on Wednesday, April 21. The House-Senate budget conferees will then have to work quickly to pass the amended FY10 and FY 2011 budgets by the 40th legislative day.

The House version of the FY11 budget contains much deeper cuts than in the governor's proposed budget as presented to legislators in January. The governor lowered the FY11 revenue estimate in March which required an additional $333 million in cuts. Also, $343 million in ARRA funds were transferred from FY11 into the amended FY10 budget. State agencies were instructed to make recommendations for how they would implement an additional 3.3% in cuts.

HR 1449 - Georgia Composite Medical Board; surgery and anesthesia; establish regulations; urge
- BILL SUMMARY: This resolution urges the Georgia Composite Medical Board to create rules for office-based surgeries.
- Authored By: Rep. Sharon Cooper of the 41st
- House Committee: Health & Human Services
- Rule: Open
- Yeas: 152; Nays: 7

SB 353 - Controlled Substances; Schedule I, II, IV, and V; definition of "dangerous drug"; provisions
- BILL SUMMARY: SB 353 amends 16-13 to classify new drugs into their respective schedules, as well reclassify certain drugs to different schedules. The bill adds Chlorophenylpiperazine (CPP) to the list of schedule I drugs, Tapentadol to the list of schedule II drugs, Fospropofol to the list of schedule IV, and Lacosamide to the list of schedule V drugs.

Additionally numerous drugs are added to the "dangerous drug list", which means that a prescription is required for a patient to receive the drug but is not covered in any of the schedules of controlled drugs. Schedule I, II, III, IV, and V are determined by the DEA and the FDA based upon potential for abuse, currently accepted medical use in treatment in the United States, and international treaties. This is the annual drug list update bill.
- Authored By: Sen. Earl "Buddy" Carter of the 1st
- House Committee: Health & Human Services
- Rule: Modified-Structured
- Yeas: 157; Nays: 3

SB 436 - Retirement; repeal certain obsolete and inoperative provisions
- BILL SUMMARY: This bill repeals certain obsolete and inoperative provisions from Title 47.
- Authored By: Sen. Bill Heath of the 31st
- House Committee: Retirement
- Rule: Modified-Open
- Yeas: 160; Nays: 3

SB 455 - State Properties Code; modifying certain provisions; acquiring real property through commission
- BILL SUMMARY: This bill amends Title 50, Chapter 16 relating to the acquisition of real property through the State Properties Commission. The bill clarifies current language of code section 50-16-38, clarifying the amount of real property acquisitions requiring SPC approval, and increases the efficiency with which the SPC can provide executed deeds to local governments who need them to clear titles.
- Authored By: Sen. Johnny Grant of the 25th
- House Committee: State Institutions & Property
- Rule: Modified-Open
- Yeas: 161; Nays: 0

SR 1083 - Public Property; conveyance; 11 counties
- BILL SUMMARY: This Resolution authorizes the State of Georgia, acting through its State Properties Commission to convey certain State owned properties.
- Authored By: Sen. Johnny Grant of the 25th
- House Committee: State Institutions & Property
- Rule: Modified-Open
- Yeas: 162; Nays: 0

SB 39 - Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state
- BILL SUMMARY: Committee sub to SB 39 removes the restrictions on the use of dollars at MARTA. It provides that there is no longer a split in the way funds are used to subsidize the operating costs of the system.
- Authored By: Sen. Jeff Mullis of the 53rd
- House Committee: Transportation
- A motion to disagree sends this bill back to the Senate for consideration.

SB 369 - Buildings/Local Gov't; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds
- BILL SUMMARY: Senate Bill 369 provides more options for local governments to invest reserve funds in to new investment opportunities.
- Authored By: Sen. Bill Hamrick of the 30th
- House Committee: State Planning & Community Affairs
- Rule: Modified-Open
- Yeas: 116; Nays: 44

SB 392 - Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students
- BILL SUMMARY: SB 392 requires educational institutions that receive state money to verify that motor common or contract carriers (charter buses) are properly certified prior to entering into an agreement for the transportation of students.
- Authored By: Sen. Jack Murphy of the 27th
- House Committee: Motor Vehicles
- Rule: Modified-Open
- Yeas: 158; Nays: 4

SB 397 - "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers
- BILL SUMMARY: SB 397 establishes a state-wide alert system known as "Blue Alert" for when a law enforcement officer is injured by a perpetrator who has not been apprehended.
- Authored By: Sen. Jeff Mullis of the 53rd
- House Committee: Public Safety and Homeland Security
- Rule: Modified-Open
- Yeas: 164; Nays: 2

HB 948 - General appropriations; State Fiscal Year July 1, 2010 - June 30, 2011
- BILL SUMMARY: This bill provides appropriated sums of money for the State Fiscal Year beginning July 1, 2010, and ending June 30, 2011. The funding will be used for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies. Further, it provides funding for the university system, common schools, counties, municipalities, political subdivisions and all other government activities, projects and undertakings authorized by law.
- Authored By: Rep. David Ralston of the 7th
- House Committee: Appropriations
- Rule: Open
- Yeas: 120; Nays: 52

SB 355 - Health; provide that priority list of persons authorized to control the disposition of the remains of a deceased person
- BILL SUMMARY: This bill clarifies that if a deceased person dies while serving in any branch of the United States Armed Forces then whoever the deceased person designated on their United States Department of Defense Record of Emergency Data, DD Form 93, shall have second priority, after only a health care agent designated in an advance directive for health care, to direct disposition of the remains.
Authored By: Sen. Ed Harbison of the 15th
House Committee: Judiciary
Rule: Modified-Structured
Yeas: 169; Nays: 0

SB 374 - Legislative Economic Development Council; create
-BILL SUMMARY: This bill creates the Legislative Economic Development Council to be co-chaired by the Lieutenant Governor and the Speaker of the House of Representatives. The Council will serve the purpose of evaluating the state's overall economic development strategy as well as reviewing all state funded activities and expenditures that go into implementing such strategy. This bill further outlines the composition of the Council as well as the Council's powers and duties. It also requires that Department of Economic Development to prepare a yearly report for submission to the members of the Council and the Governor, detailing the state's programs and activities related to job creation and economic development in Georgia.
- Hugley Amendment codifies into law the MLK Commission which is responsible for a variety of functions serving to strengthen and improve race relations in Georgia. The Commission is currently only established through an executive order of the Governor.
Authored By: Sen. Chip Pearson of the 51st
House Committee: Economic Development and Tourism
Rule: Modified-Open
Yeas: 122; Nays: 15

SB 461 - Wills, Trusts, Estate: provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills
Authored By: Sen. Seth Harp of the 29th
House Committee: Judiciary
Rule: Modified-Structured
Yeas: 170; Nays: 0

Budget and taxes stand out as top issues for 2011 session

The 2011 legislative session of the Georgia General Assembly will convene Monday, Jan. 10, the same day the new Governor, Nathan Deal, will be inaugurated. Economic issues - including how to balance next year's state budget and action on forthcoming recommendations from a special tax reform council - are expected to dominate the agenda at the Capitol.

Annual State Budget: Although state revenues have increased by 7.4 percent through the first five months of fiscal year 2011, balancing next year's budget will be more difficult because Georgia will not be able to take advantage of federal stimulus funding as we have the past two years. Gov.-Elect Deal, who is proposing a tax cut for corporations, has already put local public school systems on notice to brace for further funding cuts. Over the past eight years, the state has already slashed more than $3 billion in funding to local schools, causing larger class sizes, fewer school days, teacher furloughs and layoffs and higher local property taxes.

Tax Reform: Last session, the legislative majority created a new Special Council on Tax Reform and Fairness, which is charged with conducting a thorough study of the state's current revenue structure and then recommending changes to the Governor and the General Assembly. A special legislative committee will then consider the recommendations, with any legislation approved by that committee going directly to the floor of the House of Representatives and the Senate for a vote - bypassing the regular committee process. Among the items reportedly under consideration by the council are ending or reducing certain special-interest tax breaks, reinstituting the state sales tax on food, increasing the tobacco tax and imposing a new tax on some professional services.

Immigration Issues: Legislation that has already been introduced (HB 25) would prohibit Georgia's public colleges and universities from accepting illegal immigrants as students. It is also expected that the newly increased Republican majority will propose an "Arizona-style" law cracking down on illegal immigrants. But the Georgia Farm Bureau is among the groups opposed to such a proposal, calling immigration a federal issue and citing the $65 billion Georgia agricultural industry's reliance on migrant workers. The Farm Bureau adopted a policy opposing "any immigration law that discriminates against the farm worker and puts the farmers of Georgia at a disadvantage to farmers in other states."

Reapportionment: As it does every decade, the state will redraw its district boundaries for the state House and Senate as well as our seats in the U.S. House of Representatives, based on the population data reported by the 2010 Census. Georgia is expected to pick up one additional congressional seat for a total of 14. The reapportionment process will begin during the 2011 session, and the new legislative and congressional districts will be in place for the 2012 election.

Other Issues: Increases in college tuition have outpaced growth in Lottery sales, causing a deficit in the HOPE Scholarship fund. Gov.-Elect Deal has signaled that he might propose changes in HOPE eligibility criteria to address the shortfall. The Sunday alcohol sales debate is also expected to be revived. Some legislators are advocating a change in the Constitution to allow pari-mutuel wagering on horse racing to promote tourism in Georgia and boost state revenues.

Summary of Proposed Constitutional Amendments

AMENDMENT 1: Allows contracts with non-compete clauses to be enforced in Georgia courts.
BALLOT QUESTION: Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements?

Summary: Currently, the Constitution prohibits the General Assembly from authorizing any contract or agreement that may or intends to have the effect of defeating or lessening competition. Non-compete clauses in contracts may limit where a former employee works and the type of work they can perform. Moreover, these restrictions can be for brief periods or for years.

If passed, the amended would give the General Assembly the power to grant to courts the ability to "blue-pencil" contracts with non-compete language. This means a judge could limit the duration, geographic area, and scope of prohibited activities provided in a contract or agreement with competition restrictions, and thereby make such non-compete language reasonable.

Pro: For many companies, non-compete clauses are essential to guarantee that former employees with specialized knowledge are not able to simply leave the company and take that knowledge to the next highest bidder or to create their own companies using knowledge gained from trade secrets.

Con: Judges will have the unilateral ability to change the terms of a contract, either in favor of or against a former employee. This could lead to irregular decisions, depending on where the judge and the employer are based. Also, it could allow companies to make the contracts more severe under the assumption that a judge would only narrow the scope and not terminate the agreement as they can now if they feel the terms are to extreme.

AMENDMENT 2: Adds $10 tag fee on private passenger vehicles to fund statewide trauma care expansion.
BALLOT QUESTION: Shall the Constitution of Georgia be amended so as to impose an annual $10 trauma charge on certain passenger motor vehicles in this state for the purpose of funding trauma care?

Summary: This creates a $10 tag fee that can only be spent to fund trauma care and cannot be diverted to the general fund for other purposes. All motor vehicles designed to carry ten or fewer persons, including pickup trucks, motorcycles, sport utility vehicles, and passenger vans will pay the fee. The trauma charge would be collected together with license tag and registration fees.

Pro: This provides a new and necessary funding source for Georgia's trauma care system that will be protected from other uses. Georgia has a 20 percent higher death rate than other states because of the lack of trauma care centers and this funding will help change this negative statistic.

AMENDMENT 3: Allows the State to execute multiyear contracts for long-term transportation projects.
BALLOT QUESTION: Shall the Constitution of Georgia be amended so as to allow the Georgia Department of Transportation to enter into multiyear construction agreements without requiring appropriations in the current fiscal year for the total amount of payments that would be due under the entire agreement so as to reduce long-term construction costs paid by the state?

Summary: Currently, a state agency cannot enter into contracts with private vendors if the contract requires payments beyond the funds available for that fiscal year. This means that unless an agency has funds in hand for a 5-year project, like a road project, it can only contract year-to-year. This amendment would allow the General Assembly by statute to let the Department of Transportation enter into construction agreements without obligating present funds for the full amount of the obligation.

Pro: Many contractors and states prefer multi-year contracts because they allow for bonuses for early completion, increase competition among bidders and allow for better transportation planning.
Con: This will allow DOT to agree to a project it may not be able pay for in the long-term because of cost increases and cost over-runs.

AMENDMENT 4: Allows the State to execute multiyear contracts for projects to improve energy efficiency and conservation.
BALLOT QUESTION: Shall the Constitution of Georgia be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multiyear contracts which obligate state funds for energy efficiency or conservation improvement projects?

Summary: Currently, the constitution prohibits a state agency from entering into contracts with private vendors that obligate funds the agency does not already have committed. This amendment will authorize "energy performance contracts." These contracts basically let a state agency use debt to finance energy efficiency and water improvement projects at state buildings, and the vendors who build the projects guarantee payments back to the agency based on realized savings (lower energy costs, less water used), which is achieved by the cost savings resulting from the improvements.

Pro: State agencies can upgrade to more energy and water efficient buildings by using a debt instrument that is underwritten by the very vendors who promise the savings. If it works, the agency has lower costs. If it doesn't, the agency has guaranteed payments to make up the loss.
Con: It creates a new debt instrument for state government.

AMENDMENT 5: Allows owners of industrial-zoned property to choose to remove the industrial designation from their property.
BALLOT QUESTION: Shall the Constitution o f Georgia be amended so as to allow the owners of real property located in industrial areas to remove the property from the industrial area?

Summary: The proposal amends the provisions of the Constitution relating to industrial areas which exist in only two counties in the state: Chatham County and Jeff Davis County. Currently, the counties face restrictions on the ability of these areas to participate in the municipal services provided near their locations. This restriction is a hold-over from the 1983 constitutional revision.

Pro: Property owners who currently have the responsibility for certain services will be permitted to join a neighboring city and reduce its costs.
Con: Unknown. This only applies to two counties.

STATEWIDE REFERENDUM: Provides for inventory of businesses to be exempt from state property tax.
BALLOT QUESTION: Shall the Act be approved which grants an exemption from state ad valorem taxation for inventory of a business?

Summary: This Act provides that all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation. If approved by a majority of the voters, the Act becomes effective on January 1, 2011, and applies to all tax years beginning on or after that date.

Pro: Georgia is one of only 14 states that currently imposes an inventory tax. The amount raised by such a tax is minimal for the state, and nominal for most cities and counties.

Con: Certain cities and counties do rely on the inventory tax, which means a wholesale repeal could lead to a rise in the millage rate in those areas, particularly those school districts.

Key Legislation Adopted by the House on the Last Day of the Session

HB 540 - Elections; remove references to ballot cards; provisions
-Bill Summary: HB 540 relates to primaries and elections generally, so as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks.
- Authored By: Rep. Austin Scott of the 153rd
- House Committee: Governmental Affairs
- Yeas: 91; Nays: 72
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

HB 948 - General appropriations; State Fiscal Year July 1, 2010 - June 30, 2011
-Bill Summary: HB 948 will make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011.
- Authored By: Rep. David Ralston of the 7th
- House Committee: Appropriations
- Yeas: 137; Nays: 33
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

HB 1069 - Income tax; credits for equipment that reduces energy or water usage; provide
-Bill Summary: HB 1069 provides for an income tax credit for taxpayers that purchase certain energy or water efficient equipment as part of new onstruction or for retrofit in the year the equipment is placed in service. The amount of the credit is 25% of the cost of the equipment or $2,500, whichever is less. Eligible equipment includes energy and water efficient equipment certified by the commissioner of natural resources as effective in reducing business or domestic energy or water usage. Tax credits allowed shall not exceed a taxpayers' income tax liability, and unused credits may be carried forward for five years. The aggregate amount of the tax credits that shall be allowed is limited to the amount of federal funds granted to Georgia for this purpose, and these credits will only be granted in years such federal funds are granted. After purchase of the equipment, the taxpayer must submit an application to the Dept. of Revenue for approval of the credit, and the credits will be allowed on a first come, first served basis.
- Authored By: Rep. Joe Wilkinson of the 52nd
- House Committee: Ways & Means
- Yeas: 97; Nays: 62
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

HB 1104 - Juvenile proceedings; graduated sanctions and secure detention for probation violators; provisions
-Bill Summary: HB 1104 relates to juvenile proceedings, so as to provide for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children.
- Authored By: Rep. Jimmy Pruett of the 144th
- House Committee: Judiciary Non-Civil
- Yeas: 150; Nays: 1
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

HB 1195 - Labor and industrial relations; Georgia Workforce Investment Board; create
- Bill Summary: HB 1195 codifies the Georgia Workforce Investment Board that was created by a 2206 Executive Order, as well as providing for the membership of said board, its powers, functions and funding. Further, it establishes the Governor's Office of Workforce Development and Georgia Work Ready. This bill shall become effective upon its approval by the Governor or upon its becoming law without such approval. All funding is federal. No state dollars will be spent.
- Authored By: Rep. Terry England of the 108th
- House Committee: Industrial Relations
- Yeas: 150; Nays: 7
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

SB 238 - Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Ga.
- Bill Summary: Senate Bill 238 grants the board of regents the authority to grant financial assistance to medical and dental students at the Medical College of Georgia by way of service cancelable loans to help with the cost of tuition. Students after the completion of their study program then are required to reside, and work in the state of Georgia for a one year period per $1,000 dollars awarded. In the event that any portion is not paid through service then the recipient is then required to repay the amount by twice the amount of the remainder of the loan. The board of regents already has the ability to grant such financial assistance to other qualified students for their servitude to Georgia. This bill simply expands the programs eligible to medical and dental students.
- Authored By: Sen. Seth Harp of the 29th
- House Committee: Higher Education
- Yeas: 100; Nays: 43
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

SB 308 - Firearms; carrying and possession; change provisions; definitions
- Bill Summary: This bill clarifies Georgia law regarding where a person who has a license to carry a weapon may or may not do so. Section 1-1 provides definitions for the following terms as used in Code section 16-11-127: handgun, knife, license holder, long gun, weapon, and weapons carry license. The bill maintains current law regarding persons having weapons on their own property, the manner of carrying openly, and reciprocity with other states. The bill removes current language which prohibits persons from carrying weapons to "public gatherings" and provides that persons may not carry in: houses of worship, courthouses, jails or prisons, government buildings, state mental health facilities, bars, unless specifically permitted by the owner, or within 150 feet of a polling place. The bill also provides that it is not prohibited for a licensed person to have a weapon locked in a vehicle at those aforementioned location's parking facilities.

The bill provides that private property owners have the authority to determine whether persons shall have the right to carry on his or her property. The bill maintains current provisions prohibiting weapons in schools, including colleges and universities, but removes the 1,000 foot "gun free school zone" provision. Persons prohibited from receiving or retaining a license include those who are less than 21 years old, are prohibited under federal law, have a felony conviction, or have been convicted of specific misdemeanors. Probate courts have five rather than three days to take certain administrative steps in the application process. The state will have the authority to require licenses have covert and overt security features, such as holographic imaging and photographs of licensees, effective January 1, 2012. The fee for a license is increased to $30.00. It will be an offense to possess a counterfeit license with intent to represent the information.

If a person takes legal action to challenge a rejected application, the applicant may sue for reasonable attorney fees. The new language provides the fees are only available upon showing the denial lacked substantial justification.
- Authored By: Sen. Mitch Seabaugh of the 28th
- House Committee: Judiciary Non-Civil
- Yeas: 118; Nays: 44
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

SB 360 - Motor Vehicles; prohibit persons 18 years of age or younger from using wireless telecommunications devices; text messages
-Bill Summary: SB 360 relates to motor vehicles and traffic, so as to prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care.
- Authored By: Sen. Jack Murphy of the 27th
- House Committee: Public Safety and Homeland Security
- Yeas: 133; Nays: 24
- Adoption of the conference committee report by both House & Senate represents final passage of this bill.

HB 23 - Motor vehicles; cell phones; text messaging; prohibit use
- Bill Summary: HB 23 prohibits the use of cell phones and similar electronic devices by class D driver's license holders under the age of eighteen. Penalties for violation include a fine of not more than $100 and not less than $50 as well as 2 points on the offender's driving record. The Senate Public Safety Committee substitute to HB 23 makes violation of its provisions a flat $150 fine. It changes the point accumulation on the license to 1 point from 2. And, finally, it removes the automatic suspension of the license if the driver is involved in an accident.
- Authored By: Rep. Matt Ramsey of the 72nd
- House Committee: Motor Vehicles
- A motion to agree represents final passage of this bill.

HB 1005 - Special license plates; Zoo Atlanta; provide
- Bill Summary: HB 1005 creates specialty license plates to benefit Zoo Atlanta and Alpha Kappa Alpha Sorority Inc.
- Authored By: Rep. Katie M. Dempsey of the 13th
- House Committee: Motor Vehicles
- A motion to agree represents final passage of this bill.

HB 1012 - Special license plates; service members killed in action; expand definition
- Bill Summary: HB 1012 expands the provisions of the Gold Star specialty license plate. Currently, only the spouse, mother, or father of a fallen service member may apply for the Gold Star plate. Under HB 1012, siblings and step-parents will also be able to obtain this plate. However, the plates will not be free for siblings or step-parents.
- Authored By: Rep. Billy Horne of the 71st
- House Committee: Motor Vehicles
- A motion to agree as amended by the House sent this bill back to the Senate for consideration. The Senate agreed to the House amendment so this bill received Final Passage.

HB 1050 - Real estate appraisers; appraisal management companies; add regulations
- Bill Summary: This bill requires the Real Estate Appraisal Management Companies to register with the Georgia Real Estate Appraisers Board. It further establishes certain standards and requirements for the registration and operation of such appraisal management companies and authorizes the Board to regulate such companies. This bill also outlines prohibited activities and authorizes the Board to take disciplinary actions against companies that violate such provisions.
- Authored By: Rep. Tommy Benton of the 31st
- House Committee: Regulated Industries
- A motion to agree represents final passage of this bill.

SB 239 - Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days
- Bill Summary: Senate Bill 239 relates to attendance and enrollment policies within schools systems for youth between the ages of six and sixteen. Parents or guardians are allotted a 30 day grace period to enroll students into a school once they have moved into a new district. If a parent or guardian causes a child to accumulate 5 or more days of unexcused absences or any similar attendance policy violations, they will be held responsible. Such parents or guardians could be guilty of a misdemeanor, subject to monetary fines, imprisonment not to exceed 30 days, community service or any combination of.
- Authored By: Sen. Ronald B. Ramsey, Sr. of the 43rd
- House Committee: Education
- A motion to agree represents final passage of this bill.

SB 299 - Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions
- Bill Summary: This bill changes provisions regarding the zero tolerance policy on weapons in schools, but only for cases involving children. Currently, school administrators are not given the opportunity to use any discretion in applying the policy. This bill will provide needed flexibility.
- Authored By: Sen. Emanuel Jones of the 10th
- House Committee: Judiciary Non-Civil
- Rule: Modified-Structured
- Yeas: 156; Nays: 0

Summary of the FY 2011 Budget

The General Assembly (finally!) ended its 2010 session near midnight on April 29th after a busy 40th day. As usual, much legislation was held to the end. A number of representatives and senators announced their retirements or plans to run for other offices.

Legislators waited until the 40th day to adopt a final budget for FY 2011. See the FY 2011 Conference Report for full details. The big picture is that despite about $300 M generated by the hospital tax and fee increases, state general fund spending is set to be some 18% lower than the FY 2009 budget. Children's education is suffering from larger class sizes and teacher layoffs, fewer workers are on the job to help struggling families get health care and food stamps, children placed for adoption are losing services, and public health services, including prenatal care, are severely curtailed to name a few of the cuts with long-term consequences. Below are results for a number of items where the House and Senate-passed versions had differed. Community Health: The final budget calls for a graduated scale of PeachCare premium increases (rather than a flat amount which could have penalized lower income children), and would only have to generate the smaller amount of funds set by the House. The budget cuts $6 M from health department grant-in-aid, plus another $821,846 (instead of $2.25 M), cuts $387,396 from Babies Born Healthy prenatal care, reduces Area Health Education Centers by $191,236, but restores all except $14,244 to St. Joseph Mercy Care. CMOs' monthly payments are cut by $8 M in state funds instead of $29.4 M. Human Services: The EMBRACE line item says state and federal funds of $495,000 will be used for foster care supportive services, but does not clarify whether or not EMBRACE will be funded. There is a $1.34 M cut in adoption services. Education: Thefinal budget restores migrant education, cuts Communities in Schools affiliates by $242,994, cuts $1.6 M (instead of $2.3 M) from school nurses, restores $893,000 of a $2.2 M cut to the Preschool Handicapped Program, and restores funds for the Iowa Test of Basic Skills.

New Governor calls for job cuts, end to teacher furloughs in budget proposal

On Wednesday, Gov. Nathan Deal delivered his first State of the State address and laid out his proposals for the midyear adjustment to the fiscal year 2011 state budget as well as the annual budget for fiscal year 2012.

Responding to an anticipated revenue shortfall of up to $2 billion for FY 2012, the Governor is calling for the elimination of approximately 14,000 state employees' jobs, a reduction of more than 10 percent. His proposal requires state agencies to reduce spending by an average of 4 percent for the remainder of FY 2011 and by 7 percent in the next fiscal year, which begins July 1.

Gov. Deal promised to end teacher furloughs and restore a full school year, proposing a $30 million increase in Quality Basic Education formula funding for K-12 schools, which had been cut severely in seven of the last eight budgets. He also said he would shore up the HOPE Scholarship program but did not specify how that would be done.

Gov. Deal's proposal also includes $563 million in bonded debt for capital projects, about half the annual amount borrowed during the previous administration. The governor's 2012 spending proposal totals almost $18.2 billion, an increase of $273 million over the current year.

Tax Reform: The Special Council on Tax Reform and Fairness, created last year by the legislative majority to conduct a study of the state's current revenue structure, has made its recommendations to the Governor and General Assembly. The council is recommending a reduction in the top income tax rate from 6 percent to 4 percent, to be phased in over a period of three years. The council is also recommending that the state reinstate the 4 percent state sales tax on groceries, which was eliminated in the early 1990s, and increase the cigarette tax from 37 cents per pack to 68 cents per pack. New sales taxes on 50 personal services not currently taxed, ranging from haircuts to dry cleaning to automobile oil changes, are also part of the Council's recommendations, along with eliminating sales tax holiday periods that were enacted in previous years. Click here to read the Council's full report. A special legislative committee will consider the recommendations, with any legislation approved by that committee doing directly to the floor of the House of Representatives for a vote - bypassing the regular process of debate and consideration of amendments.

Inauguration Ceremony: On Monday, Gov. Deal took the oath of office in the House of Representatives chamber, the ceremony having been forced indoors due to the winter storm. In his inaugural speech, the governor laid out his vision for the state in the next four years, in which he pledged to improve public education, which he said is "not just the responsibility of educators. I ask parents to read to their young children and cooperate with teachers so that educational excellence is a family goal." Gov. Deal also said he would work to save the HOPE Scholarship program, address problems in the criminal justice system by adding probation and treatment options for offenders with drug addictions, fight against federal healthcare reform mandates and shrink the size of government in order to balance the budget. The state's other constitutional officers were sworn in as well, including Lt. Gov. Casey Cagle, Secretary of State Brian Kemp, Agriculture Commissioner Gary Black, Attorney General Sam Olens, Insurance Commissioner Ralph Hudgens, Labor Commissioner Mark Butler and School Superintendent John Barge.

Rep. Marin condemns 'disrespectful' photo of Gov. Deal in El Nuevo

(CNN, 1/25/2011) A Spanish-language newspaper in Georgia has drawn bipartisan criticism for publishing a doctored photograph depicting the state's new governor as a Nazi.

The photo illustration, published in the Jan. 6 edition of El Nuevo, shows Republican Gov. Nathan Deal wearing a Nazi uniform, a swastika armband and a Hitler-like mustache.

State Rep. Pedro Marin condemned the photo and said he did not know about it when he spoke to the newspaper for the article forecasting tough times ahead for illegal immigrants in the state.

"It is disrespectful," Marin said. "I might disagree with the policies of Governor Deal, but I respect him and the office he represents."

Marin said he understands firsthand what it means to be the target of inflammatory rhetoric.

"Ever since I got elected and began supporting immigrant issues, I have received hate mail and and my house and car have been vandalized," he said.

Marin said the photo might make it harder for the Hispanic community to communicate with state leaders.
Click here to read the full CNN report

Rep. Marin named to key committees

Rep. Pedro Marin has been appointed to serve on the following committees for the 2011-12 term of the Georgia House of Representatives:
- Banks & Banking
- Economic Development & Tourism
- Industrial Relations

PSC approves funds for heating bills

The Georgia Public Service Commission has agreed to make $5 million available to help low-income seniors pay their natural gas bills this winter. The funding comes from the PSC's Universal Service Fund, which held approximately $30 million as of December. The fund was established in part to assist residential consumers in times of need.

Angela Speir Phelps, a former PSC member and now executive director of Georgia Watch, said, "We applaud the PSC for acting quickly to address a situation that has reached emergency levels. The recession has hit consumers hard, and record-low temperatures are exacerbating an already dire situation."

Unemployment rate increases to 10.2%

The state's unemployment rate rose slightly from 10 percent to 10.2 percent in December, the 39th consecutive month in which Georgia's jobless rate exceeded the national rate, which is currently 9.4 percent.

Labor Commissioner Mark Butler said, "The increase in unemployment and job loss in December is continued evidence that Georgia's job market is fragile. Sustained improvement will come only when employers begin adding jobs and increase hiring."

Legislative budget writers hear agencies' funding requests

The Appropriations Committees of the House of Representatives and Senate met jointly Jan. 18-20 for hearings on the state of Georgia's amended budget for the remainder of fiscal year 2011, which ends June 30, and the annual budget for fiscal year 2012, which begins July 1. The heads of 17 state agencies presented their requests for funding to the committee members.

To open the hearings, Gov. Nathan Deal and Chief Economist Kenneth Heaghney presented their analysis of Georgia's economic conditions and state revenue trends. Sales tax collections, average hourly earnings by workers and individual income tax revenues are all on the increase, but the recovery rate is only a fraction of the decline of the past three years.

Perhaps the biggest problem from a budgetary standpoint is the loss of more than $1 billion in federal stimulus funds that helped balance the budget last year. Another challenge for the legislative budget writers is lower-than-projected income from court filing fee increases, a hospital bed tax and "super speeder" highway fines implemented during the 2010 session.

The Governor's budget proposal calls for an average 4 percent reduction in spending for the rest of this fiscal year and a 7 percent cut for FY 2012. The cuts are prioritized, rather than across-the board. His plan also reduces by about half the amount of bonded indebtedness for construction projects the state took on annually during the previous administration.

Chancellor Erroll Davis of the University System of Georgia stated that it would take a 30 percent increase in student tuition to completely offset the total of $318 million in proposed higher education cuts. Instead, the Chancellor said Georgia's colleges and universities will seek other ways to cut spending and increase efficiency, although he said a tuition increase is still likely.

State Corrections Commissioner Brian Owens told committee members his department is seeking less costly alternatives to dealing with non-violent offenders and that he agrees with Gov. Deal's proposal to divert drug addicts from the prison system and into treatment programs as a means of reducing corrections spending by some $20 million. The commissioner said about 40 percent of the inmates in state prisons were sentenced for non-violent offenses.

Chief Justice Carol Hunstein of the Supreme Court of Georgia spoke on behalf of the judicial branch and said the court is now filling staff positions with unpaid law students and taking "every precaution possible" to save costs on office equipment and supplies to deal with budget reductions. An increase in death penalty cases has added to an already demanding work load for the Supreme Court, which has lost more than 10 percent of its staff in recent years.

Public Safety Commissioner Bill Hitchens explained that State Troopers are now conducting more road blocks as opposed to patrols in light of rising motor fuel costs but still responding to wrecks and other emergencies, which in rural areas can be as much as 100 miles apart.

Juvenile Justice Commissioner Amy Howell reported her department has reduced the beds in its facilities by 30 percent and its administrative staff by 20 percent to save costs and is also seeking legislation to give judges alternatives to long periods of incarceration when sentencing certain juvenile offenders.

Click here to participate in an online survey on the legislative issues for 2011.

Greetings!

I would like to express thanks to all Democratic Party of Georgia committee members for re-electing me as Vice Chair for Constituency Groups during Saturday's elections in Warner Robins. Also, congratulations to fellow Gwinnett County resident Mike Berlon on his election as Party Chairman! I look forward to working with Mike on behalf of our party.

Please mark your calendars and make plans to attend our Town Hall meeting on Feb. 15. See details in the left-hand column. The 2011 session of the Georgia General Assembly resumed Monday for Day 7 of the 40-day legislative session.

Throughout the session, I would like to know your opinion on the issues facing our state. Please click here to participate in an online survey and answer a few questions. Your feedback will be very helpful.

As always, please contact me with your views on the issues or whenever I can be of service.

House considering 'Arizona-style' immigration crackdown

Legislation has been introduced in the House of Representatives to crack down on immigration in Georgia, using a law enacted last year in Arizona as a model.

HB 87 was developed by a special House-Senate committee that held several hearings last fall on the immigration issue. Under the proposal, law enforcement officers would be authorized to determine the immigration status of someone they have stopped or detained for a possible violation if they suspect the person is an illegal immigrant. The person could then be held by police for verification of their immigration status even after the basis for the original probable cause for the stop has expired.

The bill would also require business owners with more than five employees to provide evidence they have used the federal E-verify system to check the citizenship status of their employees. HB 87 would also provide Georgia residents an ability to sue a police force or other government agency in Superior Court if they believe the agency is not enforcing the immigration law.

Supporters of the proposal say it is in response to a breakdown in federal enforcement of immigration laws and is aimed at protecting employment opportunities for legal residents.

Opponents claim enactment of the measure would adversely affect Georgia businesses, with an especially negative impact on the agriculture and tourism industries.

HB 87 was assigned to the House Judiciary Non-Civil Committee for its consideration.

Rep. Marin elected Vice Chair of Working Families Caucus

Rep. Pedro Marin was elected Jan. 27 as Vice Chair of the Georgia Working Families Legislative Caucus. Caucus issues for 2011 include:

- Jobs, Economic Security and Working Families
- Taxes, Revenue and Budgets
- Access to Health Care
- Education
- Anti-Immigrant Measures
- Government Ethics and Accountability

Rep. Marin participates in Georgia Behavioral Health Caucus

Dear Representative Marin,

Thank you so much for attending the Georgia Behavioral Health Caucus on Jan. 25. Your participation makes it possible for Georgia to take advantage of the opportunity that the Georgia Settlement provides for us. Together, we can help relieve the suffering of our most vulnerable citizens and make a better, more cost-effective system of care a reality. In the end, all Georgians benefit from this outcome.

Thank you for giving of your time and concern to our issues,

Eric Spencer
Executive Director, NAMI Georgia
National Alliance on Mental Illness

Rep. Marin to co-host Town Hall meeting Feb. 15

Rep. Pedro Marin (D-Duluth), Rep. Hugh Floyd (D-Norcross) and Rep. Brian Thomas (D-Lilburn) will hold a Town Hall Meeting on Tuesday, Feb. 15, from 6:30 to 8:30 p.m. at St. James Lutheran Church, 4845 Jimmy Carter Blvd., Norcross, GA 30093.

You are invited to attend for a discussion of the current legislative session and the issues facing Georgia.

Crime continues to decrease in Gwinnett Place

New statistical data released by Gwinnett County Police shows significant decreases in crime throughout greater Gwinnett Place.

The compiled data covers reported incidents occurring from 2007 through 2010 with an overall 33 percent decrease. In virtually every category, a double-digit decrease in crime was realized:

Robbery (-42%)
Motor Vehicle Theft (-35%)
Theft (-33%)
Burglary, commercial (-24%)
Fraud (-19%)

During the same reporting period, the number of area traffic accidents also showed a noticeable decrease - down 41 percent from 2007 to 2010.

Gwinnett Place CID Board Chairman Mark Williams credited the efforts of Gwinnett Police and the cooperation between the CID and the department's central precinct near Gwinnett Place for the positive results.

"The business and property owners of greater Gwinnett Place have a strong working relationship with our police force, and these statistics show we are having success," Williams said. "The Gwinnett Place CID is working hard to ensure continued better results moving forward."

The CID conducts daily community patrols - including on weekends - to help keep police informed of any areas needing assistance.

Greetings!

The 2011 session of the Georgia General Assembly resumed Monday for Day 11 of the 40-day legislative session.

Throughout the session, I would like to know your opinion on the issues facing our state. If you have not done so already, please click here to participate in an online survey and answer a few questions. Your feedback will be very helpful.

As always, please contact me with your views on the issues or whenever I can be of service.

Rep. Marin joins with U.S. Labor Department on 'MyNextMove' for job seekers

Rep. Pedro Marin has joined with U.S. Labor Secretary Hilda L. Solis in the launch of a new online tool to assist young adults, students, first-time workers and those returning to the workforce in exploring career opportunities and finding jobs. Click here for more information.

Also, the U.S. Labor Department has announced that computers at One Stop Career Centers are available for those who wish to file their taxes online through the IRS Free File system. Click here to find a One Stop Center near you.

Gwinnett County Connection newsletter

Click here to read the February 2011 edition of Gwinnett County Connection, a monthly publication of the Gwinnett County Government.

House Democratic Caucus announces legislative agenda

The Georgia House Democratic Caucus has announced its Legislative Agenda for the 2011 session. Democrats are aggressively framing our legislative priorities around three themes: Economic Security, Educational Opportunity and Shared Responsibility. Our legislative package begins with Economic Security, highlighting a weak economy and offering alternatives to Republican legislation that favors big corporations over Georgia families. Democrats are offering policies to help make government open and accessible to every Georgian, with hopes to earn voters' attention by being proactive, responsive and visible.

State re-deposits tax refunds

The state Department of Revenue announced it has re-deposited 32,423 state income tax refunds after the department's error last month had put refunds in taxpayers' bank accounts, then taken them out without warning and caused some recipients to overdraw their bank accounts. Many banks have agreed not to charge customers overdraft fees resulting from the state error, and Revenue Commissioner Doug MacGinnitie has promised the state will reimburse taxpayers for any charges that did occur. The department's website, www.etax.dor.ga.gov, has a printable form that can be turned in to appeal bank charges.

Lawmakers seek solutions on sustaining HOPE and Pre-K programs

One of the greatest challenges Georgia legislators face this session is finding a way to sustain the lottery funded pre-kindergarten and HOPE Scholarship programs. The overwhelming success of these programs makes this problem particularly troubling.

For example, since its creation in 1993, the HOPE Scholarship has helped send 1.4 million Georgia high school students to college. Clearly the continuation of these lottery funded programs is vital of the future prosperity of this state.

However, lottery proceeds have reached a plateau, while the demand for these programs continues to rise. As a result, over the past several years Georgia's pre-K and HOPE programs have paid out more than the lottery has brought in.

If this continues, all reserve funds for these programs will be depleted by fiscal year 2013. To ensure this does not happen, reforms to these programs are carefully being considered during the current legislative session. Please rest assured that I am keeping a close eye on this issue and will work to maintain the continued success of our pre-K and HOPE programs.

Redistricting Process: The House Reapportionment Committee held an organizational meeting this week. While it has been determined that Georgia will add one congressional district in 2012, county and district population counts from the 2010 Census will not be available until April 1 of this year. The committee will likely hold public hearings around the state to hear comments from citizens, and the Governor will call a special legislative session in late summer to finalize the new congressional and state House and Senate district maps. In another redistricting development, House Speaker David Ralston and Lt. Gov. Casey Cagle announced the creation of a Legislative & Congressional Reapportionment Office, with a law firm headed by counsel to the Georgia Republican Party providing legal guidance.

Water Transfers: Legislation that would regulate the transfer of water from one river basin in Georgia to another has been introduced in the House of Representatives. HB 111 and HB 134 are similar proposals that would require the director of the state Environmental Protection Division (EPD) to consider the various economic and environmental impacts on both ends of an inter-basin transfer before deciding whether to issue a permit for surface water withdrawals. New rules for inter-basin transfers recently adopted by the State Board of Natural Resources do not include such a requirement; rather, only a statement that the EPD director "should" consider those factors. Supporters of the new legislation say it would put into law the same wording that is already included in Georgia's water management plan. Metro Atlanta business groups promote inter-basin transfers as a strategy to address water shortages in the region due to population growth and a federal court decision restricting Georgia's rights to withhold water from the Chattahoochee River. Gov. Nathan Deal has set aside funding in his budget proposal for the construction of new reservoirs in North Georgia. HB 111 and HB 134 were referred to the House Natural Resources & Environment Committee for its consideration.

Greetings!

The 2011 session of the Georgia General Assembly resumes Tuesday for Day 14 of the 40-day legislative session.

Throughout the session, I would like to know your opinion on the issues facing our state. If you have not done so already, please click here to participate in an online survey and answer a few questions. Your feedback will be very helpful.

As always, please contact me with your views on the issues or whenever I can be of service.

House votes to table English-only driver's test proposal

House members voted Wednesday to table legislation that would require Georgia driver's license examinations to be administered only in English.

Supporters of HB 72 moved to table the proposal after a majority of House members present added an amendment that narrowed the bill's focus to only the portion of the license exam dealing with road signs. The bill's sponsor said the amendment "gutted" the legislation, which, having been tabled, can be brought back up for consideration on the House floor at some other time.

Currently, the driver's license exam is offered in 14 different languages by the Department of Driver Services. Under HB 72, individuals in Georgia with a temporary visa could still take the driver's test in one of those languages, but permanent residents would have to take it in English.

HB 72 is promoted by its supporters as a public safety measure because Georgia traffic signs are posted in English. Opponents contend it is an anti-immigrant measure that would hurt economic development in the state.

The amendment was approved by a vote of 88-78, and the motion to table passed 115-50. I voted "yes" on both questions. Here are the remarks I made to my House colleagues during the debate on this issue:

Today I stand before you in opposition to HB 72 which would require examinations for driver's licenses to be administered only in English.

Yet again, in the midst of a recession that will require this chamber to make difficult decisions regarding the budget, with unemployment at record levels, foreclosures continuing to rob families of their American dream, and other significant statewide challenges, there is a push to adopt "English Only" legislation. Will HB 72 somehow improve our economy, provide people quality healthcare, or better educate our children, no, but it sounds good on the campaign trail.

Small minded thinking leads to small minded outcomes. There is no valid justification for changing the existing policy for taking the driver's license exam. Will the state save a significant amount of money, will our road be safer, the authors of this bill would probably argue yes, but realistically those are weak arguments to make a weak bill seem legitimate.

I represent Gwinnett County which has one of the most diverse populations in the state. To my knowledge, the majority of automobile accidents are not caused by limited English proficiency. Accidents are caused by bad decision making. If the authors of this bill truly want to make our roads and highways safer why don't they support prevention programs to encourage Georgians to not drink or use drugs if they intend on driving. As well, they could champion greater resources for local law enforcement to serve as deterrence to speeding, driving under the influence, texting while driving, or engaging in some other activity that could possibly lead to an automobile accident.

English only legislation has always been used as a smoke screen for protecting our state or protecting the people. What are we protecting them from, individuals who speak another language? Is this how we want to present ourselves to the world? Our Governor and business leaders are constantly looking for foreign partners so that we can expand our markets, obtain new investments, and position Georgia as a global economic leader. To exist in a 21st century global economy we have to engage the world. Legislation like HB 72 insults those companies and countries we are trying to establish relationships with. More so, it insults many Americans and legal residents who do not speak English well.

We cannot, in good conscience, legislate intolerance. Every year, new bills are introduced, whether it is voting requirements, making English the official state language, racial profiling of undocumented immigrants, or some other measure that strips our state of its humanity and history as a cornerstone of the modern civil rights movement.

HB 72 will not improve driver safety nor will it boost our economy and create new jobs. It does not advance our global economic interests and it certainly does not represent our values and ideals. It is nothing more than the continued representation of a flawed ideology predicated on fear and ignorance. Let us move beyond English only legislation and start focusing on people only legislation. Again, I urge this legislative body to NOT support HB 72.

Thank you.

Midyear budget approved by House members

The House of Representatives voted Wednesday to approve an amended budget for the remainder of fiscal year 2011, which ends June 30. HB 77 adjusts the total budget for the current fiscal year to $18.1 billion.

Spending by state agencies is reduced by an average of 4 percent, or about $300 million, in the supplemental budget. State revenues have increased during the first seven months of FY 2011 by
$705 million, or 8.1 percent, over the same period last year.

DOT Board member re-elected to post

Congratulations to Robert Brown of DeKalb County, who was re-elected Wednesday by legislators representing counties in the 4th Congressional District to represent the district on the State Transportation board.

Citizenship and Integration Grant Program offered

USCIS is offering three competitive grant funding opportunities designed to help prepare permanent residents for citizenship and promote immigrant integration in the United States.

Congress authorized $11 million to enhance immigrant integration initiatives within USCIS. Two of the funding opportunities will strengthen citizen preparation programs that provide direct services in communities across the country. The third funding opportunity will increase the capacity of members or affiliations of national, regional or statewide organizations to offer citizenship services in underserved communities.

For additional information, visit the program's website or contact the USCIS Office of Citizenship by email or by phone at 202-272-1280.

Greetings!

The 2011 session of the Georgia General Assembly resumes Tuesday for Day 17 of the 40-day legislative session.

Throughout the session, I would like to know your opinion on the issues facing our state. If you have not done so already, please click here to participate in an online survey and answer a few questions. Your feedback will be very helpful.

As always, please contact me with your views on the issues or whenever I can be of service.

College ban on undocumented residents approved by committee

Legislation that would prohibit undocumented residents from attending Georgia's public colleges and universities was favorably reported by the House Higher Education Committee on Tuesday and now awaits a vote on the House floor.

HB 59 would define postsecondary education as a "public benefit" that can be denied to persons who are not legally residing within the U.S. The bill is one of several measures under consideration to address illegal immigration in Georgia, which would join South Carolina as the only other state prohibiting undocumented residents from attending public colleges if HB 59 is enacted.

Currently, undocumented residents are allowed to attend the University System of Georgia institutions and are required to pay higher out-of-state tuition. Chancellor Erroll Davis told the committee that just 501 undocumented students are enrolled in Georgia's public colleges and universities, a miniscule percentage of the total student population of 311,000. The Chancellor said because those students are paying higher out-of-state tuition, they are not putting any financial stress on the University System and are not displacing any legal residents from being able to take classes.

State of the Judiciary: On Wednesday, Chief Justice Carol Hunstein of the Supreme Court of Georgia delivered her annual State of the Judiciary speech to a joint session of the Senate and House of Representatives, addressing in particular problems the state is having with our criminal justice system. She noted that while Georgia is the nation's 10th largest state, we have the fourth largest number of people incarcerated, costing taxpayers more than $1 billion per year. The Chief Justice echoed the comments of Gov. Nathan Deal in his State of the State address last month, calling for a review and possible changes in sentencing guidelines and mandates, along with an increased use of drug courts and other alternative programs for dealing with nonviolent offenders to relieve the pressure on our overcrowded jails and prisons.

Billboards vs. Trees: The House Transportation Committee voted Tuesday to approve legislation that would weaken the state's restrictions on cutting down or trimming trees that block the view of billboards on Georgia roadsides. HB 179, supported by the state's outdoor advertising industry, would allow billboard owners to remove trees and vegetation on public right-of-ways within a 350-foot-wide "target view zone" along the highway where a billboard is located. Under the proposal, billboards would have to be lowered to a maximum height of 75 feet. Environmental advocacy groups and garden clubs oppose the measure on the grounds that trees should not be sacrificed for the benefit of advertising signs. HB 179 now awaits action by the full House.

Poison Precaution: House members voted Wednesday to approve legislation that would require engine coolant or antifreeze sold in Georgia and containing more than 10 percent ethylene glycol to include denatonium benzoate as a bitter tasting agent to make it unpalatable. HB 40 is a public safety precaution to prevent incidents of poisoning deaths, accidental or intentional, caused by consumption of these liquids. The bill now goes to the Senate for its consideration.

Other Legislation: Also last week, the House approved HB 52, which would provide greater access and protections for service and guide dogs on school and college campuses; HB 99, which would require fingerprint record checks for nurses seeking their state license; HB 145, which would make a change to the Georgia Physical Therapy Act; HB 130, which would change the meeting requirements for the Career and Technical Education Advisory Commission; and, by a narrow margin, HB 101, which would make several changes to bicycle safety laws. All of these measures now go to the Senate for its consideration.

FedEx Ground plans Norcross distribution facility

Rep. Pedro Marin joined Gov. Nathan Deal and officials from the Gwinnett Chamber of Commerce and the City of Norcross on Friday in a groundbreaking ceremony for FedEx Ground at the future site of its new distribution facility. The company's initial workforce is projected to include 240 full-time and part-time employees and 75 independent contractor opportunities drawn from the existing Norcross workforce.

"This is exciting news for Norcross and Gwinnett County," Rep. Marin said. "I congratulate Mayor Bucky Johnson and all the community leaders who helped bring FedEx Ground in as our newest corporate neighbor and major employer."

FedEx Ground's Norcross distribution center will be a 215,000-square-foot facility on Atlantic Avenue near Jimmy Carter Boulevard. The facility is slated to open in the fall of 2012 and will feature the latest automated material-handling technology, designed to process 15,000 packages per hour, with the capacity to dispatch as many as 75 pickup and deliver vans each day.

News for Neighborhoods: Newsleter for Gwinnett County homeowners

Click here to read the February 18 edition of the News for Neighborhoods newsletter for Gwinnett County homeowners, published by the Communications Division of the Gwinnett County Government.

Stormwater credits application deadline extended to March 1

The Department of Water Resources has extended the deadline to submit applications for certain Watershed Stewardship credits from Dec. 31 to March 1. Applications for these particular credits are due March 1, 2011, for the 2011 billing cycle. The extension was based on feedback received at a recent citizens' forum.

"We appreciate comments from our customers, and after researching this issue further, we extended the deadlines to accommodate more applications," said Lynn Smarr, acting Water Resources director.

The County offers stormwater credits of up to 40 percent to Gwinnett County property owners who take action s to limit the amount of stormwater that leaves their properties or clean pollutants from the stormwater runoff.

The credits that were extended until March 1 are: public participation, watershed improvement project, low-impact parcels, conservation use valuation assessment (CUVA), conservation easements, farmland deep tillage, fencing livestock out of stream, stream restoration/streambank stabilization, stream buffers that exceed 75-foot standards, rain barrels, residential rain garden/bioretention facility, automatic sprinkler sensor installation, direct discharges to another county, septic tank maintenance and connection to sanitary sewers.

The deadline for five other types of credits did not change. Applications for county-approved training programs, non-residential school education, water quality, channel protection and peak flow credits must be submitted by Dec. 31, 2011, in order to receive credit for the 2012 billing cycle.

Click here or more information about stormwater credits or call 678-376-7193 (choose option #3).

IRS offers Free File service for taxpayers

The IRS Free File program offers 100 million Americans a fast, free and safe way to do their federal taxes online.

Through IRS Free File, all taxpayers who made less than $58,000 in 2010 can use the industry's top tax preparation software for free. Users get the step-by-step help they need to prepare, complete and file federal tax returns online.

Click here to begin the service or receive more information.

Greetings!

Monday, March 28, is the 34th legislative day of the 2011 session of the Georgia General Assembly. Lawmakers are in session this entire week, with Friday, April 1, being Day 38. The legislature will be in recess the entire week beginning April 4, then return on April 12 for Day 39 and April 14 for the 40th and final day of the session.

Rep. Marin urges accountability in Chesney School matter

I am sending a letter to Gwinnett County Schools Superintendent Alvin Wilbanks, expressing my deep concern over the situation that occurred at Chesney Elementary School that was reported last week, involving the multiple-choice answers to the question "What does the U.S. do with illegal aliens?" as part of a third-grade homework assignment. As has been reported, the answer choices included "The U.S. puts them to work in the army," "The U.S. shoots them into outer space," "The U.S. puts them to death," and "The U.S. sends them back where they came from."

Everyone knows how inappropriate these statements are as part of any student's learning materials, especially in our county, where the immigration issue is already very sensitive. Clearly, this incident should never have occurred, and the Gwinnett County Schools must take every possible step to ensure that anything similar never happens again.

In this case, there appears to have been a severe lack of oversight related to the source of the materials the teacher obtained for use with the students. I would ask our school district, as part of its investigation, to determine how and why this incident occurred, holding those responsible accountable for its occurrence and, at a minimum, ensure that a public apology is made to the students, the parents and the citizens of Gwinnett County.

I am proud to say that the Gwinnett County Public Schools are the best in the state of Georgia. Chesney Elementary School is in House District 96, and I have served as "Principal for a Day" there in the past. I have every confidence that Mr. Wilbanks and his team of administrators will get to the bottom of this situation and implement appropriate safeguards to prevent future embarrassment and harm to our outstanding public school system.

Tax reform committee decides against taxing groceries and Scout activities

Leaders of the Special Joint Committee on Georgia Revenue Structure announced Thursday they will move forward with legislation that would implement some, but not all, recommendations made by the Special Council on Tax Reform and Fairness for Georgians to rewrite the state's tax code.

Those recommendations, introduced earlier in the session in the form of HB 385, originally included a reduction in the state income tax from 6 percent to 4 percent while reinstating the 4 percent state sales tax on groceries and imposing new taxes on a wide range of items and services not presently taxed.

Under the new proposal unveiled by the special legislative committee, the income tax rate would be cut only to 4.5 percent, and the tax on groceries would not be reinstated. The new bill would also exclude the council's recommendation to charge sales tax on most services as well as items sold as fund raisers for non-profit organizations, such as Girl Scout cookies and Boy Scout popcorn. I am very pleased with this decision, which was announced following publication of my op-ed column in the Atlanta Journal-Constitution the same morning.

The new taxes on some other items, including car sales from one individual to another, satellite TV service and auto repair service, remain intact in the committee version. The committee's proposal leaves out the council's recommendation for eliminating or phasing out various sales tax exemptions that have been enacted over the years, with committee leaders saying those will be evaluated later. The new bill does include a sales tax exemption on the cost of energy used in the process of manufacturing. The current tax exemption on the first $35,000 of seniors' annual retirement income ($70,000 for married couples) would also remain in effect.

With the legislative session now in its final seven days, the revised tax reform bill is expected to come before the House of Representatives and the Senate sometime during the week of March 28.

Sunday Sales: The House Regulated Industries Committee voted Monday to move forward with legislation that would authorize county and city governments to hold public referendums to allow local voters to decide whether to legalize the package sale of alcoholic beverages on Sunday. SB 10, which has the strong support of business organizations including the Georgia Chamber of Commerce and the National Federation of Independent Businesses, would authorize referendums on Sunday package sales of beer, wine or liquor in cities or counties where those products are legally sold the rest of the week. Under the bill, Sunday sales would be limited to the hours of 12:30 to 11:30 p.m. County commissioners or city council members in each community would have to take action to call for the referendum, the date for which would be set by the Election Superintendent in accordance with current law. SB 10 now awaits a vote by the full House.

Certified Teacher Pay: House members voted Monday to approve a resolution stating the House is committed to restoring the 10 percent pay supplement for educators who earn certification from the National Board for Professional Teaching Standards. The pay increase was eliminated two years ago in state budget cuts. HR 248 encourages educators to keep seeking board certification, with the salary bonus intended to be restored "at the earliest possible date, as funding permits."

Other Legislation: Also this week, the House approved HR 459, which supports the Georgia Professional Standards Commission rule change on certificate upgrades for advance degrees, and HR 491, which encourages the development of performance-based coaching programs for principals and other administrators to improve teaching and learning in the public schools. By a vote of 86-80, House members defeated HR 381, which would have encouraged Congress to make changes to the Toxic Substances Control Act of 1976.

Census shows Gwinnett is state's 2nd largest county

Gwinnett County's population is now 691,893, according to 2010 data released by the U.S. Census Bureau. Statewide, Georgia's population grew to 9.7 million over the past 10 years, an increase of about 1.5 million.

The largest counties in population are Fulton (920,581 population), Gwinnett (805,321), DeKalb (691,893), Cobb (688,078), Chatham (265,128), Clayton (259,424), Cherokee (214,346), Henry (203,922), Richmond (200,549), Muscogee (189,885), Hall (179,684) and Forsyth (175,511).

Demographic statistics show that Georgia's white population is 59.7 percent (down from 65.1 percent in 2000). The black population is 30.5 percent (up from 28.7), and the Hispanic share of the population has grown to 8.8 percent (up from 5.3) statewide. The statewide Asian and Pacific Islander population grew 81 percent, with the highest concentration in Gwinnett County, with 10.7 percent.

The new census figures will be used when the General Assembly meets in special session later this year for the purpose of drawing new districts for Georgia's U.S. House of Representatives, state Senate and state House seats to go into effect in 2012.

Gwinnett becomes camera-ready certified

Gwinnett County is one of 70 Georgia communities receiving official camera-ready designation as being well-equipped to offer streamlined assistance to filmmakers and producers. "Being a certified camera-ready community gives our partners in film and television a fast-track to site locations and on-the ground assistance," said Gwinnett County Board of Commissioners Vice Chair Shirley Lasseter. "We are excited about this designation and the opportunity to partner with the State of Georgia in attracting the film and TV industry to our region."

Greetings!

The 2011 session of the Georgia General Assembly resumed Monday for Day 20, marking the halfway point of the 40-day legislative session.

House committee approves Governor's HOPE Scholarship reductions

The House Appropriations Committee voted Feb. 24 to approve legislation that would enact Gov. Nathan Deal's proposed reductions to the HOPE Scholarship program. In promoting HB 326, the Governor said the cutbacks would save $300 million in Lottery revenues, which have not kept up with college tuition increases in recent years, putting the HOPE program in financial peril.

HOPE distributions would be reduced for most recipients under the Governor's plan from 100 percent of tuition to 90 percent. Only those students with a grade point average of at least 3.7 and an SAT score of at least 1,200 or 26 on the ACT entrance exam would continue to have all of their tuition costs covered. HOPE funds for books and fees would be eliminated, and eligible class hours would be capped at 127. These cutbacks would affect the state's current HOPE scholars as well as future recipients.

The legislation also proposes a 1 percent loan program designed to provide additional financial assistance to college students. Those loans would be forgiven if the recipient becomes certified and teaches math or science in a public K-12 school.

The proposal would also limit bonuses paid to Georgia Lottery employees to no more than 25 percent of their base salary and would lower the Lottery sales commission paid to retailers from 7 percent to 6 percent.

HB 326 now awaits a vote by the full House of Representatives.

Additionally, the Governor has proposed reducing Georgia's pre-kindergarten program, also funded by Lottery proceeds, from 6.5 hours to 4 hours per day and adding 5,000 slots to the waiting list. Those recommendations are under consideration in the K-12 Appropriations Subcommittee.

Tree Removal: A divided House voted Thursday to approve legislation that would allow the removal of trees adjacent to billboards on state rights-of-way along Georgia roads. Under HB 179, outdoor advertising companies would be allowed to remove all trees and vegetation within a "target view zone" along the highway where a billboard is located. The measure also specifies that road signs would have to be lowered to a maximum height of 75 feet. Environmental groups and garden clubs throughout the state oppose the legislation because the current restrictions on tree removal protect the beauty and aesthetic quality of our roadways. After the 98-69 vote of approval, HB 179 now goes to the Senate for its consideration.

QBE Formula Update: On Wednesday, the House voted to approve legislation that calls for a review of and possible revisions to the state's Quality Basic Education (QBE) formula, which is used to determine the amount of funding the state allocates to local school districts. HB 192 would create a 27-member commission to review the QBE formula, which was established 25 years ago and, according to some legislators, is now out of date and ineffective. Under the legislation, the commission would be required to complete its study and make recommendations to the General Assembly by the end of 2012. HB 192 now goes to the Senate for its consideration.

Early Voting: House members voted Tuesday in favor of legislation that would reduce the early voting period for Georgia elections to 21 days prior to Election Day, down from the current 45-day period for in-person absentee voting. HB 92, intended to help counties reduce costs associated with the longer early voting period, would also establish one Saturday for early voting prior to each election. The proposal now goes to the Senate for its consideration.

Grant announcements from U.S. Department of Labor

The U.S. Department of Labor has announced a solicitation for grant applications for the national Career Pathways Innovation Fund Grant Program. Over the next year, the department will award approximately $122 million through this program, including $65 million for health care-focused projects, and intends to fund 40 to 50 grants ranging from $1 million to $5 million each. These grants - which are replacing the former Community-Based Job Training grants - will focus on career pathway programs that help individuals of varying skill levels enter and pursue rewarding careers in emerging industries and in-demand occupations.

Programs funded through these grants will have multiple entry and exit points, and many will include links to services such as basic adult education and English for speakers of other languages classes that make them accessible to individuals who are not yet prepared to enroll in college courses. The grants, which will be made to community colleges and other organizations, support President Obama's broader agenda of helping every American gain at least one year of postsecondary education, and will help reach his goal of America having the highest proportion of college graduates in the world by 2020.

Serving Juvenile Offenders in High-Poverty, High-Crime Communities: The U.S. Department of Labor announced the availability of approximately $17 million in funds for two grants to support the employment prospects of young offenders, ages 16 to 24, in high-poverty, high-crime communities.

The grants will be awarded through a competitive process open to national and regional intermediaries with experience in conducting multi-site projects and serving young adult offenders. The Labor Department expects to award two grants of $8.5 million each. Grantees will be required to competitively select local sub-grantees to operate the programs in a minimum of five high-poverty, high-crime communities across at least two states.

Each year, juvenile courts in the United States handle approximately 1.6 million delinquency cases, and an estimated 144,000 youth are placed in juvenile correctional facilities, according to the U.S. Department of Justice. Young people placed in these facilities face severe educational and labor market barriers.

Click here for more information on the grant programs.

Public Information Open House on I-85/Jimmy Carter interchange plans

On Tuesday, March 1, the Georgia Department of Transportation, the Gwinnett County Department of Transportation and the Gwinnett Village Community Improvement District will hold a Public Information Open House on the Jimmy Carter Boulevard at I-85 diverging diamond interchange from 4 to 7 p.m. at the Gwinnett Village CID Office, 5855 Jimmy Carter Blvd., Suite 122, Norcross, GA 30071. The project would reconstruct the I-85 interchange with Jimmy Carter Boulevard from a conventional diamond configuration to a diverging diamond interchange. The design will be presented in an information settings. Representatives from the three agencies will present designs and displays to answer questions and discuss the project. Please plan to attend.

Neighborhood Fund: Community Foundation for Greater Atlanta

The Community Foundation for Greater Atlanta's Neighborhood Fund allocates grants and community coaching to informal community-based groups working together to build on its resources. Click here for more information or call 404-688-5525.

IRS offers Free File service for taxpayers

The IRS Free File program offers 100 million Americans a fast, free and safe way to do their federal taxes online.

Through IRS Free File, all taxpayers who made less than $58,000 in 2010 can use the industry's top tax preparation software for free. Users get the step-by-step help they need to prepare, complete and file federal tax returns online.

Click here to begin the service or receive more information.

Greetings!

Tax reform legislation now under consideration in the House of Representatives would mandate a sales tax on all nonprofit fundraisers in Georgia, including Girl Scout Cookie and Boy Scout Popcorn sales. This significant financial impact would take money away from Scout programs, camp support, financial aid and proceeds that support troop activities and community service projects.

I will be taking a leading role in opposition to this new tax on Girl Scout Cookie and Boy Scout Popcorn before HB 385 comes to the House floor for a vote. My colleagues need to know that such a tax would negatively impact local Scouting programs in Georgia, and I will be making them aware of this fact. HB 385 is currently being reviewed in the House Ways & Means Committee.

The 2011 session of the Georgia General Assembly is scheduled to resume Monday for Day 25 of the 40-day legislative session.

House majority approves Arizona-style immigration enforcement legislation

After a lengthy debate Thursday, the House of Representatives voted to approve legislation intended to crack down on illegal immigration in Georgia by giving law enforcement more authority to investigate people's citizenship status and by penalizing businesses who hire undocumented workers.

Using a law enacted last year in Arizona, which borders Mexico, as a model, members of a special legislative committee that held several hearings last fall on the immigration issue drafted HB 87. The bill would authorize law enforcement officers to determine the immigration status of someone they have stopped or detained for a possible violation if they suspect the person is an illegal immigrant. The person could then be held by police for verification of their immigration status even after the basis for the original probable cause for the stop has expired.

Under the proposal, most business owners would have to provide evidence they have used the federal E-verify system to check the citizenship status of new employees. Using fake identification in order to gain employment would become a felony offense punishable by up to 15 years in prison. HB 87 would also provide Georgia residents an ability to sue a police force or other government agency in Superior Court if they believe the agency is not enforcing the immigration law.

After a vote of 113-56 in favor of passage, HB 87 now goes to the Senate for its consideration.

I voted against the measure and spoke against it from the well of the House. Here are my remarks to my House colleagues:

For the record, allow me to say that yes, the United States has not adequately and sufficiently addressed the issue of immigration. Our federal government has yet to adopt legislation to correct many of the policy and programmatic challenges that could bring relief to our families, universities, public agencies, and businesses.

I recognize we have a situation that requires thoughtful and substantive action. It requires our federal leaders to think strategically about the long term implications of any course they intend to take. I also recognize the frustration many of us have at the state and local levels due to the federal government remaining disengaged.

This level of frustration has led to many states, counties, and municipalities establishing policies they believe are in the best interest of their government and constituents. As legislators, we all feel compelled to act when conditions exist that impact our economy, institutions, and overall quality of life. I can safely say that immigration does indeed fit within the aforementioned category.

The question is how? How are we going to respond to challenges that confront us? How are we going to ensure our decisions are based on fairness, justice, and acting with the best of intentions? How are we going to guarantee that what we do today will not come back to haunt us tomorrow?

In examining the provisions within HB 87, the "Illegal Immigration Reform and Enforcement Act of 2011," I would question whether this is the appropriate response our state should have on the issue of immigration. I strongly oppose this bill due to its lack of moral decency by forcing human beings to be relegated to second class status, its willingness to enforce a new version of the Fugitive Slave Act of 1850 where neighbors become duty bound to notify authorities if they suspect someone of being "illegal," and it being extremely burdensome to local governments who must expand their responsibilities without a penny of state funding being appropriated for staffing, training, processing, or holding of captured human beings.

During a time when our economy is desperately trying to improve, our unemployment rate is in double digits, many of our children will not enjoy the full benefit of HOPE scholarships and grants, foreclosures continue to plague many of our communities, and people are finding it more difficult to pay for medical service, do we really believe now is the time to create a Gestapo state where every person who looks, sounds, or has the surname of an immigrant must provide papers, as in South Africa, to prove they are a citizen or legal resident? Is creating a culture of fear and mistrust the best way we can effectively respond to the pressing issues of the day? No, no, no, no!

If the authors of HB 87 think this is some panacea that will cure all of our ills as a state they are sadly mistaken. I know how easy it is to identify a group of people and dump all of our frustration on them. We see it happen every election cycle. Let's blame the immigrants for all of our woes. If every brown and black skinned person who is undocumented left Georgia, then our economy would improve, our test scores would increase, everybody would have a job, our budget would decrease substantially, and our streets would be safer. My apologies, but I support policy that deals with reality. HB 87 does not represent the ideals and values of Georgia and will not relieve our state from the challenges of immigration. All it does is confirm that some of my colleagues have no real plan to help our citizens, only a policy of distraction, disillusion, and despair.

HOPE Scholarship Changes: House members voted Tuesday to approve legislation that proposes changes to the HOPE Scholarship program to help offset its financial deficit caused by college tuition increasing faster than Lottery revenues. Most HOPE recipients would see their benefits reduced to 90 percent of their tuition costs under HB 326. That percentage would increase or decrease in future years based on the rise or fall of Lottery proceeds. Students who come out of high school with a 3.7 grade point average (GPA) and at least a 1,200 Scholastic Aptitude Test score and are able to maintain a 3.3 GPA in college would retain a full HOPE Scholarship for tuition. Other changes include a low-interest loan program for students who need more financial aid, reduced sales commissions for Lottery retailers and limits on salary bonuses for Lottery employees. HOPE would no longer cover book costs or student fees under HB 326, which now goes to the Senate for its consideration.

Sex Trafficking Enforcement: House members voted Wednesday to approve legislation that would increase criminal penalties for those guilty of trafficking young women for sex. HB 200 proposes a minimum prison sentence of 10 to 20 years and/or a fine of up to $100,000. If the victim is under 18 years old and is found to have been coerced or deceived into being trafficked, the prison sentence would be increased to between 25 and 50 years. HB 200 now goes to the Senate for its consideration.

Child Safety Seats: The House voted Tuesday in favor of legislation that would increase the maximum age that children are required to ride in car safety seats from 6 to 8 years. HB 279 would require the use of a child booster seat up to age 8, with an exemption for children who are taller than 4 feet, 9 inches. Similar legislation has also passed in the Senate.

Public Health Department: House members voted Friday to approve legislation that would establish a new state Department of Public Health, governed by a state board whose members would be appointed by the Governor. The public health function currently is a division of the Department of Community Health. The sponsor of HB 214 said the agency would operate more efficiently as a separate department reporting directly to the Governor. The measure now goes to the Senate for its consideration.

Horse Racing: A proposed constitutional amendment that would legalize pari-mutuel wagering on horse races in Georgia was favorably reported by the House Regulated Industries Committee this week. [[llink http://www.legis.ga.gov/Legislation/en-US/display.aspx?Legislation=32508 HR 186]] provides that revenue generated by the wagers would be dedicated to funding HOPE scholarships, the pre-kindergarten program and the state's network of trauma care facilities. Constitutional amendments require two-thirds approval by both the House and Senate and ratification by a majority of voters in the next General Election.

Unemployment stays at 10.4%

January's unemployment rate in Georgia remained at 10.4 percent, an all-time high. The December jobless rate, originally reported at 10.2 percent, was adjusted to 10.4, which is the same rate as January 2010. It was the 40th consecutive month that Georgia's unemployment rate has exceeded the national average, which is now 8.9 percent. Georgia Labor Commissioner Mark Butler said, "Other troubling signs are that in the same 12-month period, the number of jobs has shown a miniscule increase, while the number of long-term unemployed has increased significantly."

U.S. Labor Department offers grant funding

The U.S. Department of Labor has announced the availability of approximately $40 million for Enhanced Transitional Jobs Demonstration grants to help individuals with significant barriers to employment obtain the skills they need through work opportunities.

The grants will enable nonprofit community and faith-based organizations, along with a number of local workforce investment boards, to implement transitional job programs for low-income non-custodial parents and ex-offenders. The Labor Department will award six to 12 grants between $3 million and $6 million each.

Click here for more information.

Greetings!

Wednesday, March 16, will be Day 30, or "cross-over" day for the 2011 session of the Georgia General Assembly. This is the final day for either the House of Representatives or the Senate to pass legislation in time for it to be considered by the other chamber this year.

Governor changes plan; full-day pre-kindergarten restored

Responding to the voices of educators, parents and lawmakers from across the state, Gov. Nathan Deal has reversed course on his proposal to reduce the instruction day for Georgia's pre-kindergarten program from 6.5 hours to 4 hours. On March 7, the Governor announced his new proposal, which restores the full-day program and instead shortens the Pre-K year from 180 days to 160. He also cut back on his original proposal to add 5,000 slots to Pre-K enrollment, now recommending 2,000 new slots.

Lawmakers had been working on alternatives to reducing the Pre-K class day since the Governor announced his original proposal for cutbacks to Pre-K and the HOPE Scholarship program. Pre-K and HOPE are both funded by Georgia Lottery revenues, which have been unable to keep up with rising costs for both programs in recent years. Changes to the Pre-K program will be finalized in the annual state budget for fiscal year 2012, which was approved by the House of Representatives on Friday and is now under consideration in the Senate.

HOPE Changes on Governor's Desk: A majority of the Senate voted last Tuesday to approve legislation that proposes changes to the HOPE Scholarship program to help offset its financial deficit caused by college tuition increasing faster than Lottery revenues. Most HOPE recipients would see their benefits reduced to 90 percent of their tuition costs under HB 326. That percentage would increase or decrease in future years based on the rise or fall of Lottery proceeds. Students who come out of high school with a 3.7 grade point average (GPA) and at least a 1,200 Scholastic Aptitude Test score and are able to maintain a 3.3 GPA in college would retain a full HOPE Scholarship for tuition. Other changes include a low-interest loan program for students who need more financial aid, reduced sales commissions for Lottery retailers and limits on salary bonuses for Lottery employees. HB 326 went back to the House of Representatives for consideration of Senate changes, including the extension of full HOPE Scholarships for the top two graduates from each high school in the state. On Thursday, a majority of House members voted to agree with those changes, sending the measure to the Governor's desk for his signature.

FY 2012 Budget Approved: The House voted Friday to approve an $18.25 billion annual state budget proposal for fiscal year 2012. HB 78, which now goes to the Senate for its consideration, would impose a 20 percent increase on health insurance premiums paid by Georgia educators and other state employees to deal with a $250 million shortfall in revenue for the state health benefits plan. Although state revenues have increased by 8.3 percent through the first eight months of fiscal year 2011, legislative budget writers have had to deal with the loss of $1 billion in federal stimulus funds that were used to balance the budget last year. The overall budget plan reflects a 7 percent average cut in spending by state agencies and changes in the Lottery-funded HOPE Scholarship and pre-kindergarten programs to deal with revenue shortfalls. Cuts in Medicaid reimbursement rates paid to health care providers are also a part of the House budget proposal. I voted for the budget in order to secure funding for the Gwinnett County Public Library Norcross Branch construction project.

Midyear Budget Finalized: The House and Senate have agreed on final changes to the midyear adjustment to the $18 billion state budget for fiscal year 2011, which ends June 30. The budget amendment reflects an overall reduction of about $300 million in state spending. HB 77 now goes to the Governor for his signature.

Interstate Health Insurance: A majority of House members voted Thursday to authorize insurers to sell health insurance policies in Georgia that have been approved in other states. Supporters of HB 47 said it would make more affordable coverage options available for Georgians. The measure now goes to the Senate for its consideration.

Controlled Substances: The House voted Tuesday to approve legislation that would add certain chemicals used to manufacture bath salts to the state's list of controlled substances. The chemicals can be used in the manufacturing of methamphetamines. HB 199 now goes to the Senate for its consideration.

Protect Scouting from new state sales tax

The recommendations of special commission on tax reform, now under consideration by the House of Representatives in the form of link http://www.legis.ga.gov/Legislation/en-US/display.aspx?Legislation=33187 HB 385]], contain many radical changes to Georgia's tax structure. These include imposing new sales taxes on groceries, sales of automobiles from one individual to another and 50 personal services not currently taxed, ranging from haircuts to dry cleaning to oil changes.

If this legislation is enacted in its current form, the state of Georgia would even begin collecting sales tax on - believe it or not - Girl Scout cookies and Boy Scout popcorn sales. Yes, HB 385 includes a provision that would eliminate the current sales tax exemption on nonprofit fundraisers in our state, specifically including these popular, time-honored traditions of Girl Scouts and Boy Scouts.

As someone who has served for many years as a Scout leader with the Atlanta Area Council and Executive Board member of the Northeast Georgia Council of Boy Scouts of America, I can attest that requiring our Scouts to collect sales tax is neither feasible nor fair. According to Girl Scouts of Greater Atlanta CEO Marilyn W. Midyette, these would be some of the consequences of this proposal:

- A portion of the funds earned by our Scouts for their many leadership, camping and community service programs would be diverted to pay sales tax.
- Hundreds of children especially in rural or financially distressed areas will not be able to participate in Scouting due to a reduction of services resulting from these sales taxes.
- Camps are likely to be stressed due to reduced funding.
- The administrative burden placed on councils to remit payment of sales taxes to taxing authorities would divert limited financial resources away from program support.

It is no exaggeration to say the overall economic impact of this new tax on Georgia's Scouting councils would be in the hundreds of thousands of dollars each year, thus denying programs for many young people.

I will be working with my House colleagues, hopefully in a bipartisan effort, to protect Scouting activities from the implementation of any new sales tax. Scouting is too valuable a program for our youth and our communities for state government to be imposing such a hardship.

I truly do not believe singling out Girl Scout cookies and Boy Scout popcorn for this new sales tax was what the legislative majority had in mind when it created the special tax reform commission. Hopefully, common sense will prevail and HB 385 will be reshaped to avoid harming the good work of our nonprofit organizations, including the Girl Scouts and Boy Scouts of America.

Great American Cleanup Gwinnett Challenge to begin

Participate in the Great American Cleanup Gwinnett Challenge to be held March 15 through May 15, sponsored by Gwinnett Clean & Beautiful. A $500 reward is offered for the best community cleanup projects. Click here for more information.

House approves 2012 election date changes

House members voted Tuesday in favor of HB 302, which would set the general primary election date for July 31 of next year. The candidate qualifying period would begin May 23 at 9 a.m. and end May 25 at noon. On Thursday, House members approved HB 158, which would change Georgia's nonpartisan elections, including judicial races, back to being contested in conjunction with primaries rather than the November general election. Both measures now go to the Senate for its consideration.

State revenues increase 26% in February

Gov. Nathan Deal reported that Georgia's revenue collections increased in February by $148 million, or 26.1 percent, over the same month last year. Through the first eight months of fiscal year 2011, overall revenues have increased by $762.5 million, or 8.3 percent, over last year.

The Governor said, "Signs continue to suggest that our state economy is rebounding strongly, and we'll continue to work at the state level to see that this growth translates into new job opportunities for all Georgians."

PSC Chairman election plan defeated

On Tuesday, House members defeated legislation that would have changed the way the chairman of the Public Service Commission is selected. Under HB 216, the chairman would have been elected by a majority vote of the five PSC members. The 103-60 House vote against the measure means the regulatory board's chairmanship will continue to rotate to a different member each year.

Greetings!

Monday, March 21, is Day 31 of the 2011 session of the Georgia General Assembly. After today, only nine legislative days will remain.

Rep. Marin working to amend City of Peachtree Corners legislation

Wednesday, March 16, was the 30th day of the 2011 session of the Georgia General Assembly. This is also known as "cross-over" day because it is the last chance for the House of Representatives or the Senate to pass legislation in time for it to be considered by the other chamber this year.

Among the measures approved by House members before the deadline was HB 396, which would establish the City of Peachtree Corners. I support this proposal and am a co-sponsor of the bill.

However, I have great concern about the provisions of HB 396 that would set the boundaries for the proposed City of Peachtree Corners. The proposed city limits are extremely aggressive and extend too closely, especially to the current city limits of Norcross.

It would be unfair to the citizens of Norcross for this body to grant these areas to the proposed City of Peachtree Corners without first working with the Mayors and City Councils of Norcross, Duluth and Berkeley Lake to discuss the potential impact of such action on their city and its residents.

Therefore, I drafted and attempted to offer an amendment to the legislation that would provide a more reasonable boundary at Peachtree Industrial Boulevard. However, HB 396 came out of the House Rules Committee under the Modified Structured Rule and therefore could not be amended on the House floor.

Now that HB 396 is under consideration in the Senate, I will be working with our Senators to have my amendment included in the final version of the legislation in order to ensure that we are being fair to the existing cities that would be affected.

Zero-Based Budgeting: A majority of the House voted to require the state to use "zero-based" budgeting in the future. HB 33 would change the current budgeting process, under which more than 90 percent of the expenditures are rolled over automatically from year to year into a "continuation" budget. Zero-based budgeting would require that all appropriations be examined by legislative budget writers. Under the proposal, state agencies would be required, at least every six years, to submit an analysis of its appropriations for the two previous fiscal years to justify its budget requests. The report would also include purpose statements and benchmarks of each program's efficiency and scope. I voted against the measure because the budget and fiscal affairs are the responsibility of the legislative branch, and requiring these time-consuming reports of our state agencies would take away from their duties and services provided to Georgia's citizens. HB 33 now goes to the Senate, which has already passed similar legislation.

Hunting over Bait: House members voted Wednesday to approve legislation that would change Georgia's hunting laws and remove the prohibition against feeding or baiting when hunting deer or feral hogs. HB 277 would enhance the management of game in Georgia, attempts to control the feral hog population and provides for both economic development and public safety. In the northern zone of the state, hunters must be at least 200 yards away from deer and not within sight of feed or bait. In the southern zone, hunters must have written permission of the landowner to hunt upon, over or near feed or bait. The bipartisan legislation includes an exception that would allow feeding or baiting to be restricted in counties where there is a documented occurrence of a communicable disease in deer in that county or adjoining counties. The measure now goes to the Senate for its consideration.

Sales Tax Exemptions: A majority of House members voted Wednesday to approve two measures that would extend sales tax exemptions to Georgia companies in the air travel industry. HB 322 would exempt Delta Air Lines from paying sales tax on the purchase of jet fuel for the next two years. HB 234 would extend until 2013 the tax break on the sale of aircraft parts repaired or maintained in Georgia, which is intended to help Savannah-based Gulfstream Aerospace. Supporters of the tax breaks said they are necessary to keep jobs in Georgia. Opponents contend the exemptions were put in place at time when the air travel industry was in dire financial straits and are no longer necessary, especially at the expense of other taxpayers. Both bills now go the Senate for its consideration.

Physicians' Assistants: The House also approved HB 303, which would authorize physicians' assistants to sign off on certain documents now requiring a physician's signature, except for death certificates and assigning the percentage of disability rating for workers' compensation. The documents must be listed in the scope of authorized practice between the physician's assistant and the physician. HB 303 now goes to the Senate for its consideration.

Family Connections: As a former case manager for Family Connections (1997-98), I am pleased that the House version of the annual state budget for fiscal year 2012 keeps funding for the Family Connections program intact and hope the Senate will also support this funding. The funds leveraged at the county level almost always exceed the state's investment, sometimes vastly exceed and support of this network is a good investment simply because of this, another reason I voted for the budget legislation.

Failed to Pass: Proposed legislation that is likely dead for this year because it did not make it through the House on cross-over day includes HB 59, which would have banned undocumented immigrants from attending Georgia's public colleges and universities; HB 131, which would have exempted the Department of Transportation from paying state fines for water pollution caused by erosion and runoff from highway construction sites; HB 111 and HB 134, both of which would have placed tighter regulation on the inter-basin transfers of water; and HB 476, which would have set up health insurance exchanges in Georgia as part of the federal healthcare reform act.

Great American Cleanup Gwinnett Challenge to begin

Participate in the Great American Cleanup Gwinnett Challenge now through May 15, sponsored by Gwinnett Clean & Beautiful. A $500 reward is offered for the best community cleanup projects. Click here for more information.

Gwinnett County Newsletter for Neighborhoods

Click here to read the March 18 edition of News for Neighborhoods, a newsletter for Gwinnett County homeowners published by the Gwinnett County Government.

Gwinnett urges action on water supply

The Gwinnett County Board of Commissioners approved two resolutions urging the U.S. Congress to clarify the use of Lake Lanier for public water supply and recreational purposes and to raise the lake's full pool elevation.

Since 1973, Gwinnett County has had Army Corps of Engineers' authorization to withdraw water and use storage space for public water supply in Lake Lanier under the Water Supply Act. However, a 2009 U.S. District Court ruling that water supply is not an authorized use of Lanier jeopardizes that authorization.

Gwinnett produces enough water to supply 224,000 households and 14,000 businesses and to provide fire protection for more than 800,000 residents. Gwinnett County has proven itself to be a good steward of its water supply, according to Lynn Smarr, water resources acting director. Smarr said that despite an increase in population, less water is used now compared to 2007 when conservation efforts were first put in place in response to drought conditions. In addition, the County has invested billions of dollars in state-of-the-art water production and wastewater treatment facilities. One of these facilities, a nine-mile pipeline, is permitted to return up to 40 million gallons of reclaimed water daily to its source in Lake Lanier. This water is cleaner when it returns to the lake than when it was taken out.

Raising the elevation of Lake Lanier by two feet, to 1,073 feet above sea level, would increase the available water supply by more than 25 billion gallons and would avoid the cost of building a new reservoir for the region's growing population. This increased supply would provide an additional storage buffer in times of drought and could be used to minimize downstream impacts of low flows in the Chattahoochee and Apalachicola Rivers, benefiting both Alabama and Florida.

Unemployment slips to 10.2% in February

Georgia's unemployment rate saw a slight decline in February, falling to 10.2 percent from an adjusted rate of 10.3 in January. February was, however, the 41st consecutive month that Georgia had a jobless rate higher than the national rate, which is now 8.9 percent.

Greetings!

The 2011 session of the Georgia General Assembly is now down to its final three legislative days. Due to a schedule change, lawmakers were not in session on Friday. The session will resume Monday, April 11, for Day 38, followed by Day 39 on April 12 and the 40th and final day on April 14.

Session enters final days with tax proposal still pending

Proposed tax reform legislation is still a work in progress in the Special Joint Committee on Georgia Revenue Structure and will not be presented to the full House of Representatives and Senate until the final three days of the session. The legislation, which would implement some but not all recommendations made by a special tax reform advisory commission, appeared headed toward passage until House Democrats pointed out the measure in its current form would actually raise taxes on the middle class, while providing tax breaks for Georgia's highest wage earners.

Republican lawmakers have not been able to explain the financial ramifications of the measure. A fiscal note on the bill showed only cumulative numbers from the Georgia State University Fiscal Research Center. However, a review of the more granular data revealed the tax increases for the 90 percent of families who make between $100,000 and $180,000. For some, the increase is as high as $419.

In addition to the tax increase on the middle class, there are provisions that would eliminate the state income tax deductions for mortgage interest and for church contributions.

Other groups opposed to the proposed tax bill include the Georgia Tea Party, Americans for Prosperity and various religious organizations.

Also awaiting final action is the Sunday alcohol sales legislation, SB 10, which has passed the Senate and gone through the committee process in the House but has not reached the House floor for a vote.

Private Reservoirs: A slim majority of House members voted Wednesday to approve legislation that would allow private developers to build reservoirs and other water infrastructure projects for local governments and water utilities. The 92-68 vote in favor was only one more than the 91 votes required for passage. Supporters of SB 122 said the measure would give officials at the local level another tool to finance projects to help meet water needs in their communities. Opponents expressed concern that the proposal would give private interests too much control over the state's water resources and enable developers to use eminent domain powers to condemn property for construction of a private reservoir. The Senate voted Thursday to agree with House changes to SB 122, sending it to the Governor for his signature.

Prescription Database: House members voted Thursday to approve legislation that would establish an electronic database to monitor the dispensing of prescription pain killers that include controlled substances. SB 36 targets "pill mills" that provide prescriptions for some widely abused drugs, providing a system to prevent illegal activity. Approximately 40 states, including all states bordering Georgia, have such databases in place now. The measure goes back to the Senate for consideration of House changes.

Insurance Mandates: The House approved amended legislation that would establish an advisory commission to review and evaluate the effectiveness and financial impact of medical tests and procedures that state law mandates must be covered by health insurance policies. I voted "no" because the makeup of the proposed commission is weighted against consumers, who need insurance to cover these mandated procedures. SB 17 now goes back to the Senate for consideration of House changes to the bill.

Comprehensive Planning: House members voted Wednesday to approve legislation that would remove the current requirement for local governments to submit comprehensive plans for land use to the state government. Submitting such plans would be voluntary under SB 86, which now goes back to the Senate for consideration of House changes.

Child Restraint: The House voted Wednesday in favor of legislation that would increase the maximum age that children are required to ride in car safety seats from 6 to 8 years. SB 88 would require the use of a child booster seat up to age 8, with an exemption for children who are taller than 4 feet, 9 inches. Similar legislation has also passed in the House of Representatives. SB 88 now goes to the Governor for his signature.

Other Legislation: Also in the past week, the House gave its approval to: SB 214, which would make it illegal to provide an inmate with a wireless handset; SB 251, which would change the renewal period for insurance licenses from annual to biennial; SR 30, which would require all Municipal Court judges in Georgia to be attorneys; SR 312, which supports the deepening of the Savannah Harbor; HR 341, which promotes increased public awareness about the dangers of firing a weapon into the air during a celebration; and HR 424, which urges the state Department of Natural Resources and other entities to study the feasibility of withdrawing, storing and distributing water from the Tennessee River Basin to enhance Georgia's water supply.

Gwinnett Village receives $35,000 GATEway Grant

The Georgia Department of Transportation (GDOT) recently awarded the Gwinnett Village Community Improvement District (CID) with a $35,000 GATEway grant to aid in their revitalization efforts. This is the third consecutive year this competitive grant program chose Gwinnett Village CID. The grant will be used for landscaping enhancements at the intersection of Brook Hollow Parkway and Mitchell Road (along I-85).

Gwinnett Village CID will be using the grant to help fund a $70,000 aesthetic improvement project that will include landscaping along the east side of Brook Hollow Parkway (directly adjacent to I-85). The newly landscaped plot will serve as an extension of the previous beautification projects that the CID has undertaken, including the landscaping of the interchanges at Jimmy Carter Boulevard, Indian Trail Road and Beaver Ruin Road, and the recently completed Center Way overpass. Improvements on Brook Hollow Parkway will mirror those of the other projects to help create a sense of continuity throughout the Village.

Newsletter for Gwinnett County homeowners

Click here to read the latest edition of News for Neighborhoods, a newsletter for Gwinnett County homeowners published by the Gwinnett County Government.

Gwinnett marks National County Govt. Month

Gwinnett County is celebrating National County Government Month throughout the month of April. The county will offer free, one-hour tours of the Gwinnett Justice and Administration Center, located at 75 Langley Drive in Lawrenceville, throughout April from 10 a.m. - 3 p.m. Residents interested in scheduling a tour should call 770- 822-7180, and groups of 10 or more should call at least 48 hours in advance. Gwinnett is also partnering with Soldiers' Angels, a volunteer organization that supports deployed military men and women and their families through a variety of special projects, including a Christmas stocking drive to collect supplies for troops overseas. Residents can drop these items off at any Gwinnett County Fire Station, the Department of Water Resources Headquarters located at 684 Winder Highway in Lawrenceville or the Gwinnett Justice and Administration Center. Finally, Gwinnett County invites residents to an open house at the Fallen Heroes Memorial on April 26 at 5:30 p.m. to learn about the memorial and recognize those who gave their lives as military servicepersons. The Gwinnett Fallen Heroes Memorial, located on the grounds of the Gwinnett Justice and Administration Center, honors all Gwinnett residents who died in the line of duty in military or public service.

Greetings!

The 2011 regular session of the Georgia General Assembly reached final adjournment late Thursday evening, with lawmakers having agreed on a number of major legislative actions while leaving other issues unresolved at this time. This week's report covers the final three legislative days, and next week I will present a comprehensive wrap-up of the session.

On April 10, I was honored to attend both the OCA-Georgia 2010 Georgia Midterm Election Exit Polling Findings & Asian Pacific American Voter Rights in Georgia event and the Literature and Arts of Atlanta Event and Zindagi Trust with Asian American Caucus Dinner. We continue to celebrate diversity in Gwinnett County and House District 96.

Thank you for your support and feedback throughout the session. As always, please contact me with your views on the issues or whenever I can be of service.

Majority passes Arizona-style measure, threatening immigrants and economy

A majority of the House of Representatives and the Senate gave final approval Thursday to legislation intended to crack down on illegal immigration in Georgia. If signed into law by Gov. Nathan Deal, HB 87 would require all businesses with at least 10 employees to use the federal government's E-Verify system to determine the work eligibility of all new hires.

Similar to an Arizona law enacted last year, local and state police would be empowered to detain people while their immigration status is checked. The bill would also increase the penalty for using fake identification to get a job to 15 years in prison and up to $250,000 in fines. People who, while committing another offense, knowingly transport, harbor or encourage illegal immigrants to come to Georgia could face 12 months in prison and a $1,000 fine.

I strongly opposed HB 87 out of concern its enactment would lead to more ethnic profiling of legal citizens, impose an unfunded mandate on local law enforcement agencies, bog down many small businesses with red tape and hurt Georgia's economy, especially the agriculture and tourism industries. The Governor has 40 days to sign or veto legislation passed during this year's session.

Tax Proposal Dies: Legislation that would have implemented only a few of the recommendations submitted by a special tax reform council appointed last year failed to reach either the House of Representatives or Senate floor for a vote before the end of the session. House Speaker David Ralston said the proposal, HB 388, had been based on flawed economic data and would be held over for further analysis before the 2012 session to determine whether the bill would actually be a tax increase or a tax decrease for most Georgians, as well as its impact on overall revenues. In the version of the measure that came out of the Special Joint Committee on Georgia Revenue Structure, the state income tax rate would have been reduced from 6 percent to 4.6 percent in fiscal year 2012 and to 4.55 percent in fiscal year 2013. Sales tax would have been exempted on the energy costs of manufacturing firms, but new taxes would have been imposed on auto repair service, person-to-person automobile sales and telecommunications services, including satellite TV subscriptions. The proposal's demise was ensured when House Democrats pointed out that 82 percent of Georgia families would pay more taxes. Their income tax cut would have been minimal and less than the new sales taxes they would pay. Also, HB 388 would have increased the state's budget deficit by at least another $130 million, with no discernable positive effect on the proposal's major goal, which was job creation. Moreover, the legislation was developed by a one-sided, partisan approach and violated generally accepted practices of transparency and due consideration. Its failure is good news for our state.

FY 2012 Budget: Both the House and Senate gave final approval Tuesday to an $18.3 billion state budget plan for fiscal year 2012, which begins July 1. HB 78 was finalized by a conference committee that worked out differences between the House and Senate versions of the legislation. The budget includes $47 million in spending added last week when Gov. Deal raised the revenue estimate for next year, following a strong month of tax collections reported for March. The proposal reduces Medicaid reimbursement rates for physicians by 0.5 percent and incorporates a 20 percent increase in health insurance premiums for educators and other state employees in response to a $273 million deficit in the State Health Benefits Plan. HB 78 now goes to the Governor, who can sign or veto the entire budget or individual line-item appropriations.

Sunday Sales: The House voted Tuesday to approve legislation that would authorize the Sunday package sale of alcoholic beverages in communities where voters approve such sales in a referendum. Under SB 10, referendums on Sunday package sales of beer, wine or liquor could be held in cities and counties where those products are legally sold the rest of the week. Under the bill, Sunday sales would be limited to the hours of 12:30 to 11:30 p.m. County commissioners or city council members in each community would have to take action to call for the referendum, the date for which would be set by the Election Superintendent in accordance with current law. SB 10 now goes to the Governor for his signature.

Ethics Disclosures: The House voted Tuesday to approve amended legislation that would close a loophole in the state's ethics laws to require lobbyists to report spending on entertaining legislative staff members. The measure was an amendment to SB 160, a bill that would allow utilities to contribute directly to the campaigns of political candidates. The House also passed SB 163, which would require persons making third-party expenditures for or against political candidates to identify themselves on any campaign materials they finance. Both SB 160 and SB 163 won final approval in the Senate on Thursday and are now on the Governor's desk.

Assisted Living: The House voted Tuesday in favor of legislation that would provide a health care living option between personal care and nursing homes. An "assisted living community," defined as a minimum 25-bed facility to care for ambulatory patients by providing some assistance with personal services, including administering medication, would be a new category of long-term health care provider under SB 178. The communities would not be eligible to receive Medicaid funds, nor enroll as providers of medical assistance, but are under the rulemaking authority of the Department of Community Health. The Senate gave final approval to the measure, with House changes, Thursday, sending it to the Governor.

In other action, the House gave final approval to:
SB 81, which would provide for mental and physical examinations of licensees or applicants for the practice of pharmacy and pharmacy technicians.
SB 115, which would exclude foster care payments from the calculations of gross income for determination of child support obligations.
SB 140, which would increase the bonding power of the Georgia Higher Education Facilities Authority from $300 million to $400 million.
SB 141, which would create the Martin Luther King Jr. Advisory Council to help coordinate annual activities related to the holiday observing Dr. King's birthday.
SB 156, which would remove the requirements for certain audits relating to the emergency telephone number 911 system.
SB 166, which would extensively revise the requirements for continuing care providers and facilities.

Gwinnett Place CID extended for six more years

Commercial property owners from throughout Gwinnett Place on Wednesday overwhelmingly voted in favor of continuing the efforts of the Gwinnett Place Community Improvement District (CID).

Electors representing member properties agreed to extend the CID's lifespan by another six years. State law requires a formal vote prior to the expiration of a community improvement district's term, typically every five to six years.

CID Executive Director Joe Allen said the affirmative decision ensures the CID's continued role in leading on economic development and infrastructure improvement, especially with the much-needed conversion of the Pleasant Hill Road bride over I-85 into a diverging-diamond interchange.

"Our property owners recognize the importance of maintaining our momentum for years to come," Allen said. "The bridge replacement project alone is nearing a crucial time when plans turn to action as construction begins in early 2012. It is good to know that the CID will remain in place to lead that and many other projects uplifting greater Gwinnett Place." Also on Wednesday, CID Board members Leo Wiener and Joe Piccolo were re-elected to three-year terms. Wiener is a principal / partner with Glenwood Development Company LLC, owners of Mall Corners. Piccolo is the area general manager for both Mall of Georgia and Gwinnett Place Mall.

Wiener was also elected to serve as chairman of the CID Board. Member Marcy Adams, manager of the Atlanta Marriott Gwinnett Place, will serve as vice chairman; former Chairman Mark Williams, owner of Printing Trade Company, will serve as secretary-treasurer.

Final-day action saves Georgians' jobless benefits

Due to legislative action on the final day of the session in the form of HB 500, Georgia will not lose the opportunity to receive $175 million in federal funds to provide another 20 weeks of unemployment benefits to laid-off workers. Georgia is one of several states that qualify, due to our unemployment rate of 10.2 percent, for funding from the U.S. Department of Labor to extend jobless benefits to an estimated 22,000 persons classified as long-term unemployed. But the General Assembly had to make a technical adjustment to the state law regulating eligibility for unemployment insurance benefits. HB 500 now awaits the Governor's signature.

Newsletter for Gwinnett County homeowners

Click here to read the latest edition of News for Neighborhoods, a newsletter for Gwinnett County homeowners published by the Gwinnett County Government.

Fallen Heroes Memorial open house April 26

Gwinnett County invites residents to an open house at the Fallen Heroes Memorial on April 26 at 5:30 p.m. to learn about the memorial and recognize those who gave their lives as military servicepersons. The Gwinnett Fallen Heroes Memorial, located on the grounds of the Gwinnett Justice and Administration Center, honors all Gwinnett residents who died in the line of duty in military or public service.

Greetings

The 2011 legislative session of the Georgia General Assembly convened Jan. 10, the same day the new Governor, Nathan Deal, was inaugurated. Between then and final adjournment April 14, economic issues - as expected -dominated the agenda at the Capitol.

Thank you again for your support and feedback throughout the session. As always, please contact me with your views on the issues or whenever I can be of service.

Rep. Marin urges Gov. Deal to veto HB 87

Here is the letter I hand-delivered to the Governor's Office on April 21, 2011:

Dear Governor Deal:

I am writing to ask you to veto House Bill 87, legislation that if enacted would be harmful to the State of Georgia on many fronts. By vetoing this legislation, you have the ability to keep our state safe from a tidal wave of economic damage that would surely come if HB 87 were to become law. This economic damage would come from a number of directions:

- National and international boycotts of Georgia as a convention and special event location, tourism destination and place to do business
- Taxpayers footing the bill for legal defense fees when multiple provisions of the legislation are challenged in court as unconstitutional
- Negative impact on agriculture and other industries that depend heavily on migrant labor, which would no longer be available
- More government red tape to bog down owners of small businesses, which are the backbone of our economy
-Additional burden on local governments and local taxpayers to bear the costs of the law enforcement provisions of this bill

Governor, as you know, our economy and our state revenues are now slowly recovering from the severe downturn of the three previous fiscal years. Now is not the time to add to our state's 10 percent unemployment rate by enacting legislation that would certainly create more economic problems for Georgia businesses, farmers and taxpayers that we cannot afford.

Finally, I truly hope you will agree that there is never a good time to subject legal U.S. citizens to ethnic profiling and additional police detainment simply because of their name and/or appearance, as would be authorized if HB 87 becomes law. Georgia is a better state than this. Please spare our citizens the damage, economic and otherwise, that would be done by this legislation. Please veto HB 87.

Sincerely,

Pedro R. Marin, State Representative
Georgia House District 96

Final wrap-up of 2011 Georgia legislative session

State Budget: An $18.3 billion state budget plan was approved for fiscal year 2012, which begins July 1. HB 78 reduces Medicaid reimbursement rates for physicians by 0.5 percent and incorporates a 20 percent increase in health insurance premiums for educators and other state employees in response to a $273 million deficit in the State Health Benefits Plan. HB 78 now goes to the Governor, who can sign or veto the entire budget or individual line-item appropriations. Lawmakers also agreed on HB 77, the midyear adjustment to the $18 billion state budget for fiscal year 2011, which ends June 30. The budget amendment reflects an overall reduction of about $300 million in state spending.

Zero-Based Budgeting Fails: The House and Senate approved different versions of legislation that would implement a "zero-based" method of drafting the annual state budget but could not reach agreement before the end of the session. SB 33 would change the current budgeting process, under which more than 90 percent of the expenditures are rolled over automatically from year to year into a "continuation" budget. Zero-based budgeting would require that all appropriations be examined by legislative budget writers over a four-year period. The House had approved similar legislation earlier in the session. SB 33 will be pending when the 2012 session convenes. Also failing to pass was SR 20, a proposed constitutional amendment that would limit future budget increases based on inflation and population growth.

Tax Reform Fails: Legislation that would have implemented only a few of the recommendations submitted by a special tax reform council appointed last year failed to reach either the House of Representatives or Senate floor for a vote before the end of the session. HB 388 is being held over for further analysis before the 2012 session to determine whether the bill would actually be a tax increase or a tax decrease for most Georgians, as well as its impact on overall revenues. In the version of the measure that came out of the Special Joint Committee on Georgia Revenue Structure, the state income tax rate would have been reduced from 6 percent to 4.6 percent in fiscal year 2012 and to 4.55 percent in fiscal year 2013. Sales tax would have been exempted on the energy costs of manufacturing firms, but new taxes would have been imposed on auto repair service, person-to-person vehicle and boat sales and telecommunications services, including satellite TV subscriptions.

Sales Tax Exemptions: Agreement was reached on two sales tax exemptions for the air travel industry. HB 234 would renew a sales tax exemption on the purchase of aircraft parts for Savannah-based Gulfstream Aerospace and Columbus-based Pratt & Whitney. That bill was amended to also allow developers of amusement parks, resorts and other tourism destinations to recoup 25 percent of construction costs out of the sales taxes generated by the tourist attraction. HB 322 would extend for two years a sales tax exemption on the purchase of jet fuel for Atlanta-based Delta Airlines. Both bills now go to the Governor for his signature.

HOPE Scholarship Changes: The Governor has already signed into law changes to the HOPE Scholarship program to help offset its financial deficit caused by college tuition increasing faster than Lottery revenues. Most HOPE recipients will see their benefits reduced to 90 percent of their tuition costs under HB 326. That percentage would increase or decrease in future years based on the rise or fall of Lottery proceeds. Students who come out of high school with a 3.7 grade point average (GPA) and at least a 1,200 Scholastic Aptitude Test score and are able to maintain a 3.3 GPA in college will retain a full HOPE Scholarship for tuition. Other changes include a low-interest loan program for students who need more financial aid, reduced sales commissions for Lottery retailers and limits on salary bonuses for Lottery employees and the extension of full HOPE Scholarships for the top two graduates from each high school in the state.

Full-day Pre-K: Responding to the voices of educators, parents and lawmakers from across the state, Gov. Deal reversed course on his proposal to reduce the instruction day for Georgia's pre-kindergarten program from 6.5 hours to 4 hours. His new proposal, which became part of the 2012 state budget bill, restores the full-day program and instead shortens the Pre-K year from 180 days to 160. He also cut back on his original proposal to add 5,000 slots to Pre-K enrollment, instead recommending 2,000 new slots.

K-12 Education: HB 192, which would create a study committee to review the funding of public education in Georgia, was approved. Failing to pass were SB 184, which would require local school boards to consider teacher performance rather than experience when making decisions to lay off educators; and SB 87, which would have expanded the use of taxpayer funds for private school vouchers.

Immigration Issues: If signed into law by Gov. Deal, HB 87 would require all businesses with at least 10 employees to use the federal government's E-Verify system to determine the work eligibility of all new hires. Similar to an Arizona law enacted last year, local and state police would be empowered to detain people while their immigration status is checked. The bill would also increase the penalty for using fake identification to get a job to 15 years in prison and up to $250,000 in fines. People who, while committing another offense, knowingly transport, harbor or encourage illegal immigrants to come to Georgia could face 12 months in prison and a $1,000 fine. Opponents said enactment of HB 87 would lead to more ethnic profiling of legal citizens, impose an unfunded mandate on local law enforcement agencies, bog down many small businesses with red tape and hurt Georgia's economy, especially the agriculture and tourism industries. Failing to pass were HB 59, which would prohibit illegal immigrants from attending Georgia's public colleges and universities; HB 72, which would require Georgia driver's license examinations to be administered only in English; and SB 162, which would make driving under the influence a felony offense if the driver is an illegal immigrant.

Sunday Sales: Majorities in both houses approved legislation that would authorize the Sunday package sale of alcoholic beverages in communities where voters approve such sales in a referendum. Under SB 10, referendums on Sunday package sales of beer, wine or liquor could be held in cities and counties where those products are legally sold the rest of the week. Under the bill, Sunday sales would be limited to the hours of 12:30 to 11:30 p.m. County commissioners or city council members in each community would have to take action to call for the referendum, the date for which would be set by the Election Superintendent in accordance with current law. SB 10 awaits the Governor's signature.

Health Care: Lawmakers voted to authorize insurers to sell health insurance policies in Georgia that have been approved in other states by passing HB 47. Also passing were HB 117, which would generate $115 million for the state's Medicaid program by drawing down matching federal funds; HB 147, which would give patients the right to inquire as to whether a physician carries medical malpractice insurance; HB 303, which would authorize physician assistants to sign off on certain documents relating to health care currently requiring a physician's signature, except for death certificates and assigning the percentage of disability ratings for workers' compensation; and HB 461, which authorizes Georgia to join with other states in a health care compact. Failing to pass was SB 210, which would make it easier for lawsuits to be filed against physicians who perform abortions.

Ethics Disclosures: Lawmakers agreed on legislation that would close a loophole in the state's ethics laws to require lobbyists to report spending on entertaining legislative staff members. The measure was an amendment to SB 160, a bill that would allow utilities to contribute directly to the campaigns of political candidates. The House also passed SB 163, which would require persons making third-party expenditures for or against political candidates to identify themselves on any campaign materials they finance. Both SB 160 and SB 163 are now on the Governor's desk.

Election Year Changes: Lawmakers passed HB 92, which would reduce the early voting period for Georgia elections to 21 days prior to Election Day, down from the current 45-day period for in-person absentee voting and establish one Saturday for early voting prior to each election. HB 302, which would set the 2012 general primary election date for July 31. The candidate qualifying period would begin May 23 at 9 a.m. and end May 25 at noon. HB 158 would change Georgia's nonpartisan elections, including judicial races, back to being contested in conjunction with primaries rather than the November general election.

Governmental Affairs: The House and Senate approved SB 86, which would remove the current requirement for local governments to submit comprehensive plans for land use to the state government; HB 240, which would establish a procedure for county governments and boards of education to modify projects approved in special purpose local option sales tax referendums that become infeasible to complete; and HB 500, which would fix a discrepancy between state and federal law to enable Georgia to receive $175 million in federal funding to keep 22,000 Georgians from losing their unemployment benefits in June.

Water and the Environment: Approved were HB 274, which would allow lawn clippings to be put in landfills and renewing the $1 per tire disposal fee; SB 122, which would allow private developers to build reservoirs and other water infrastructure projects for local governments and water utilities; and HB 179, which would allow the removal of trees adjacent to billboards on state rights-of-way along Georgia roads. Both houses also passed resolutions urging the state Department of Natural Resources and other entities to conduct a feasibility study for the withdrawal, storage and distribution of water from the Tennessee River Basin to enhance Georgia's water supply. Failing to pass were proposals (HB 111 and HB 134) to regulate inter-basin water transfers.

Public Safety: Lawmakers approved legislation that would establish an electronic database to monitor the dispensing of prescription pain killers that include controlled substances. SB 36 targets "pill mills" that provide prescriptions for some widely abused drugs, providing a system to prevent illegal activity.Also passing were HB 40, which would require engine coolant or antifreeze sold in Georgia and containing more than 10 percent ethylene glycol to include denatonium benzoate as a bitter tasting agent to make it unpalatable; SB 88, which would require the use of a child booster seat up to age 8, with an exemption for children who are taller than 4 feet, 9 inches ; and HB 199, which would add certain chemicals used to manufacture bath salts to the state's list of controlled substances. Failing to pass was SB 102, which would allow guns to be carried into churches and some areas of airports, practices that are currently prohibited.

Law and Order: Lawmakers approved legislation that would increase criminal penalties for those guilty of trafficking young women for sex. HB 200 proposes a minimum prison sentence of 10 to 20 years and/or a fine of up to $100,000. If the victim is under 18 years old and is found to have been coerced or deceived into being trafficked, the prison sentence would be increased to between 25 and 50 years. Gov. Deal has already signed legislation to create the Special Council on Criminal Justice Reform for Georgians. This council will study criminal justice reform during the interim and make legislative recommendations to a joint legislative committee before the 2012 session. The intent of this bill, HB 265, is to find solutions that will allow the state to ensure public safety while decreasing the cost of our corrections system.

Court System: HB 24 would overhaul the rules of evidence used in Georgia's courts, the first major revision to the code since 1863. HB 238 would change the makeup of the Public Defenders Standards Council. HB 415 would create a statewide, computer-based juror list to replace lists compiled and kept by individual counties. SB 30 would require that all future Municipal Court judges to be attorneys.

Sports and Recreation: Agreement was reached on legislation that would change Georgia's hunting laws and remove the prohibition against feeding or baiting when hunting deer or feral hogs. HB 277 would enhance the management of game in Georgia, attempts to control the feral hog population and provides for both economic development and public safety. Failing to pass was HR 186, a proposed constitutional amendment to allow pari-mutuel wagering on horse racing to promote tourism in Georgia and boost state revenues.

Special session for redistricting to begin August 15

As it does every decade, the state will redraw its district boundaries for the state House and Senate as well as our seats in the U.S. House of Representatives, based on the population data reported by the 2010 Census. Georgia will pick up one additional congressional seat for a total of 14. The new legislative and congressional districts will be finalized during a special session, which the Governor has announced will begin Aug. 15, and will be in place for the 2012 election.

Judy Dyer appointed to State Board for the Certification of Librarians

Congratulations to Judy Dyer of Norcross, who was appointed by Gov. Nathan Deal to serve on the State Board for the Certification of Librarians.

Gwinnett cuts costs and raises revenues

Gwinnett County Commissioners have approved two more recommendations aimed at improving the County's financial position. Even after closing an $18 million gap in the 2011 budget in March, County staff has continued to monitor and balance expenses and revenues on a monthly basis.

The Board of Commissioners cut a total of $1.49 million in expenses from various departments. Twenty firefighter positions will stay vacant until November and three vacant jobs in transportation and one in transit will be eliminated. The County also cut money budgeted for a possible runoff in the recent special election and realigned expenses in the Support Services Department.

Broken down by department, the cuts equal $722,000 in Fire and Emergency Services, $400,000 in Elections, $193,743 in Transportation, $127,000 in Police, $42,000 in Support Services, and $5,000 in Community Services. Cuts also included minor reductions in law, fleet, water, sewer, and stormwater. Similar moves in March saved $1.36 million.

Pedro's Legislation

Legislation sponsored or co-sponsored by Rep. Pedro Marin that is currently pending or recently acted upon includes the following. Click the bill or resolution number links to read the legislation and track its progress:

HB 94 Law enforcement officers; use race or ethnicity to stop motorist; prohibit Feb/01/2011 - House Second Readers

HB 177 Law enforcement officers; impermissibly use race or ethnicity to stop motorist; prohibit Feb/09/2011 - House Second Readers

HB 182 Insurance; diagnosis and treatment of infertility; require health coverage Feb/09/2011 - House Second Readers

HB 204 Protecting Georgia Homeowners Act of 2011; enact Feb/10/2011 - House Second Readers

HB 286 License to carry a pistol or revolver; training for certain persons; provide Feb/23/2011 - House Second Readers

HB 311 Parent Protection Act; enact Feb/23/2011 - House Second Readers

HB 396 Peachtree Corners, City of; provide new charter Mar/16/2011 - Senate Read and Referred

HB 435 Driving Under the Influence; convicted have ignition interlock device installed; require Mar/03/2011 - House Second Readers

HB 493 Family violence; include inflicting unjustified injury to household animal; provide Mar/10/2011 - House Second Readers

HB 519 Motor vehicles; carry stacked ladders more than three high in rack; prohibit Mar/14/2011 - House Second Readers

HB 543 Gwinnett County; solicitor-general; revise certain provisions Mar/23/2011 - House Passed/Adopted

HB 578 Income tax; citizenship expenses for low-income families; provide credit Mar/23/2011 - House Second Readers

HB 579 Norcross, City of; corporate limits; change Mar/23/2011 - House Second Readers

HR 458 Community Health, Department of; collect data on chronic obstructive pulmonary disease; encourage Mar/03/2011 - House Second Readers

HR 510 State government; support nuclear and renewable energy; urge Mar/10/2011 - House Second Readers

HR 741 Norcross High School girls basketball team; commend and invite to House Mar/30/2011 - House Read and Referred

HR 742 Norcross High School boys basketball team; commend Mar/30/2011 - House Read and Adopted

HR 758 Health care professionals; cultural competency training; urge Mar/31/2011 - House First Readers

HR 763 Chang Bin Yim Day at the capitol; March 31, 2011; recognize Mar/31/2011 - House Read and Adopted

HR 808 Gambling Addiction Trust Fund; create - CA Mar/31/2011 - House Hopper

HR 809 Alcohol Abuse Trust Fund; create - CA Mar/31/2011 - House Hopper

HR 1093 Boards of education; funding to retrofit school buses; pollution control; urge Apr/14/2011 - House Hopper

Click here for more information on legislation.

State Representative Pedro Marin
Georgia Gwinnett District 96

Capitol
611 Coverdell Office Building
Atlanta, GA 30334
Phone: 404.656.0314
Fax: 404.651.5585

Email: marinstatehouse@aol.com

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State Representative Pedro Marin Georgia Gwinnett District 96

State Representative Pedro Marin
Georgia Gwinnett District 96