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April 2008

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.

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Late March 2008

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.

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Early March 2008

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.

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February 2008

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.

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January 2008

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.

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Rep. Marin Lists Legislative Priorities for 2008

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.

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Governor vetoes budget and threatens special session

April 20, 2007

This has been an extremely long legislative session, but I am honored and grateful to represent the people of House District 96. Although the General Assembly adjourned our 2007 session at midnight Friday, April 20, all indications are that Governor Perdue will call lawmakers back for a special session in the near future.

The Governor vetoed HB 94, the supplemental budget for the remainder of fiscal year 2007, which ends June 30. Although the House of Representatives voted overwhelmingly (163-5) to override the veto and avoid a special session, the Senate did not take similar action. The governor has said he will announce this week when he will call the Legislature back to revisit the supplemental budget, which included a $142 million property tax cut.

The special session is expected to cost taxpayers at least $250,000.
On the 40th and final day of the session, the House and Senate agreed on HB 95, for the $20.2 billion annual budget for fiscal year 2008, which begins July 1.

After a long, odd day of discussions private and public, both chambers unanimously approved compromise legislation, HB 214, to extend the lease of the Jekyll Island’s governing body and, possibly, its residents for an additional 40 years.

The legislation includes provisions to prevent the arbitrary sale of any land, establish an important oversight committee, and protect the South end of the island so that untold generations can enjoy the pristine natural resource.

The Senate adopted HB 480, which I introduced, and is awaiting consideration from the governor. The bill would change the form of government from a mayor-council form of government to a city manager-council form of government in the city of Norcross.

Lawmakers also agreed upon language for HB 147. The bill requires that in all cases in which a woman is seeking an abortion, a medical provider must offer her a chance to view the ultrasound image and hear the fetal heart before the pregnancy is terminated.

The Georgia Legislature almost approved a last-ditch compromise on a Senate substitute bill for HB 340, but the Speaker, who sponsored the initial legislation to limit enrollment in the PeachCare for Kids insurance program, did not allow the House to vote on the substitute bill.

As a result, the eligibility level for PeachCare will remain at 235 percent of the poverty level instead of being cut to 200 percent.

The House adopted SB 10 by a vote of 91-84. If signed by the governor, parents would be able to use state money to send their special needs children to private schools.
Opponents of this measure believe that K-12 education has already endured too much of a decline in funding and vouchers will take away even more needed dollars from public schools.

The House passed legislation that would give developers the power to build planned communities with tax-exempt bonds without the authority to tax homeowners. House members removed “taxing” language from SB 200 and its companion constitutional amendment, SR 309. Yet, lawmakers preserved another section in the legislation giving the so-called infrastructure development districts the authority to raise a flat fee from homeowners.

The districts could use the “special assessment” revenues to pay off debt on bonds issued to build roads, sewers and other infrastructure supporting their communities.

Other legislation approved by the House of Representatives during the final week of the session included:

SB 95, which would make it a misdemeanor for a minor to attempt to purchase cigarettes or tobacco related products. It also requires vending machines to prominently display signs prohibiting minors from purchasing cigarettes or any tobacco related product.

SB 23, which would supersede any local rules and allow judges to investigate someone's immigration status before determining bail, handing down a sentence, or deciding on probation.

SB 38, which would close a license plate loophole requiring license plate applicants to have a valid Georgia driver's license or ID card.

SB 148, which would promote nondestructive stem cell research in Georgia. The bill would require 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 would establish a 15-member state commission that would oversee a system of umbilical cord blood banks and seek grants for nondestructive stem cell research.

SB 72, which includes two other proposals related to education. SB 72 allows administration managers to be employed in addition to, or en lieu of, assistant principals to handle business operations at schools. The measure also includes provisions of HB 603, which allows school districts to permit alternative teacher certification programs for certain candidates, and HB 208, which changes the composition of school councils.

SB 157, which would require the Department of Community Affairs to establish a grant program to fund E-85 projects, which will convert storage areas for gasoline into storage areas for E-85, a fuel that is 85 percent ethanol. The goal of SB 157 is to spark consumer interest in using alternative fuels.

Legislation that would have allowed judges to impose the death penalty with a less-than-unanimous recommendation of the jury failed to win final approval. HB 185, which had passed the House earlier in the session and would have authorized a death penalty recommendation of at least a 10-2 jury vote, was defeated unanimously in the Senate Judiciary Committee.

Finally this week, I want to personally send my condolences and prayers to the Virginia Tech University community. We in Georgia support the victims’ families and friends in this time of grief and pain.

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House adopts budget for fiscal year 2008

April 13, 2007

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.

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House to address key legislation in final days

April 6, 2007

With no more than seven legislative days remaining in the 2007 session of the Georgia General Assembly, the House of Representatives will be considering a number of key bills and resolutions adopted earlier in the session by the Senate.

One such measure is SR 20, currently in the House Ways and Means Committee, a proposed constitutional amendment, which would prohibit the General Assembly from increasing the annual state budget by a percentage that is more than the state’s population growth, plus inflation.

Once the spending cap is reached, any excess funds would be disbursed in the following order:
1. Full funding of K-12 public education
2. Restore the state’s reserve fund to 10 percent of the previous year’s revenue
3. Pay off state debt
4. Return excess to taxpayers

The resolution also provides that any budget from a previous year can be used as a baseline, and the limits can be suspended upon exhaustion of the reserve funds and a two-thirds vote by both the House and Senate.

Another significant piece of legislation is SB 148, which is in the House Science and Technology Committee. It seeks to promote medical research into stem cells derived from blood and birth tissues but not from embryos.

The House will also consider SB 145, awaiting consideration in the House Non-Civil Judiciary Committee. The bill would allow Georgia’s 49 district attorneys to pursue sentences of life without parole against murderers who have not been convicted of a previous violent felony without seeking the death penalty.

Other bills from the Senate that will be addressed in House committees are:

SR 309—a proposed constitutional amendment to allow the creation of infrastructure development districts (private cities).

SR 130 / SB 89—in the House Governmental Affairs Committee; and proposes a Constitutional amendment whereby the General Assembly, by law, may create townships for the limited purpose of exercising the power of zoning; the regulation of land use and development within the boundaries of such townships; and provide for the funding and operation of such townships.

SB 169—in the House Higher Education Committee; and would offer eligible Georgia students a state funded education loan through the Georgia Student Finance Authority.

The Atlanta Journal Constitution reported this week that the HOPE scholarship program has $744 million in reserve. It is critical that we, as lawmakers, use this money in an efficient and fiscally sound manner to ensure Georgia students have access to the resources necessary to obtain a quality college education. As a supporter of higher education, I intend to do so.

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Unneeded PeachCare cuts hurt Georgia children

March 30, 2007

Tuesday, March 27, was “crossover day” for the 2007 session of the Georgia General Assembly. As the 30th legislative day of the session, it was the deadline for measures to be sent from either the House of Representatives or the Senate for consideration by the other chamber this year.

Among the measures approved by the House was legislation would disqualify thousands of Georgia children from health care coverage under the PeachCare for Kids program. I voted against House Bill 340 because lowering the eligibility level to 200 percent of the federal poverty level from the current 235 percent is not necessary to sustain PeachCare’s financial viability.

HB 340 would actually allow the Department of Community Health to reduce the rate to 185 percent if it so desires. HB 340 would also require families to pay a premium for dental and vision care when the existing program provides it for free.

Congress is delivering the action its leaders have promised to meet the federal funding shortfall for PeachCare. This should not be an occasion to kick Georgia’s working families out of the program.

Due to the concerns many citizens have regarding "no knock" warrants, I have co-sponsored HB 710, which is now under consideration in the House Non-Civil Judiciary Committee.

Under the legislation, no search warrant shall be issued which contains a no-knock provision unless the affidavit or testimony supporting the warrant establishes by probable cause that if an officer were to knock and announce identity and purpose before entry, such act of knocking and announcing would likely pose a significant and imminent danger to human life or imminent danger of evidence being destroyed.

The Supplemental Budget won approval in the House, increasing fiscal year 2007 spending by $700 million. HB 94 includes a $194 million earmark for the 2.65 percent increase in public school enrollment; $11 million in tornado disaster relief for Americus; $9.6 million in additional funding for the Public Defenders System; $1 million for the Tour de Georgia bicycle race; $7 million for antiviral pandemic flu vaccination; $4.7 million for the Local Assistance Road Program to repave Georgia roads and $100,000 for an outside audit of the state electronic voting system.

The Senate will now consider the supplemental budget while budget writers continue to work on the state spending plan for fiscal year 2008, which begins July 1.

Legislation that would postpone a state plan to reduce class sizes in Georgia schools, HB 332, was also approved by the House majority. The House adopted HB 291, which would create the Georgia Arts Alliance, the development of a cultural policy for the State of Georgia, and the development of a Future Art and Music Teachers Pilot Program.

Also this week, the House approved Senate legislation that would authorize optometrists to prescribe a limited number of eye medications. House members amended SB 17 to include a longer list of medications and a compromise version will have to be worked out between the two chambers. Georgia is the only state in the nation that does not grant optometrists these prescriptive rights.

The House passed HR 273 by a unanimous vote of 165-0. The resolution calls for the U.S. Congress to continue pressing for strong measures to end the violence in Sudan.
It also urges the Securities and Exchange Commission to provide guidance to public pension fund managers in order to avoid investments which may be supporting nations involved in the support of terrorism or human rights violations.

Among the legislative proposals that did not make it out of the House on crossover day included HB 163, which would repeal the state’s ban on “payday lending.” For the second time in a week, it was narrowly voted down. Not even coming up for a vote in the House were HB 610, which would allow for excessive tree-cutting around billboards along Georgia’s interstates, highways and roads, HB 195, which would have exempted all retirement income from state income tax, and HB 337, which would have dramatically changed Georgia’s Certificate of Need law for construction of health care facilities. These bills and others will be studied later in the year and be eligible for consideration in the 2008 legislative session.

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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

Pedro Marin © 2008

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