State Representative Pedro Marin - Georgia Gwinnett District 96

Tuesday - July 8, 2008

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.

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.

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.

State Representative Pedro Marin
Georgia Gwinnett District 96

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

Gwinnett District 96
4420 Hopkins Run Drive
Duluth, GA 30096
Phone: 770.416.8465
Fax: 770.416.8465

Email: pedro.marin@house.ga.gov or marinstatehouse@aol.com

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State Representative Pedro Marin Georgia Gwinnett District 96

State Representative Pedro Marin
Georgia Gwinnett District 96