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Marin Monitor - February 2010

Census Bureau Launches Website en Espanol

With an innovative, unique and digitally rich experience, the U.S. Census Bureau launched its 2010 Census Spanish language Website. The site's goal is to inform the more than 34 million people who speak Spanish at home about the 2010 Census and to demonstrate to the Hispanic community that participation is easy, important and safe.

Rep. Marin Introduces Resolution Recognizing the Boy Scouts of America 100 Years of Scouting Day

To read the resolution click here

Summary of Bills Passed in the Georgia House for the Week of Feb. 8-12

HB 859 - Probationer duties; tolling of probated sentences; clarify provisions
- BILL SUMMARY: This bill allows for the tolling of probated sentences for probationers who are not able to be found or are not responsive to the orders of the court. Existing tolling statutes require that abscondment be proven as a prerequisite of a tolling order.
Authored By: Rep. Rich Golick of the 34th
House Committee: Judiciary Non-Civil
Rule: Modified-Open
Yeas: 159; Nays: 8


HB 1016 - Identity fraud; include businesses as potential identity theft victims; revise
- BILL SUMMARY: This bill clarifies that corporate and other business entities that are targets of identity fraud are protected in the same manner as individuals. Further, it ensures that law enforcement personnel and prosecutors are able to investigate and prosecute identity theft against these entities.
Authored By: Rep. Rich Golick of the 34th
House Committee: Judiciary Non-Civil
Rule: Modified-Structured
Yeas: 167; Nays: 0


HB 896 - Continuances; witness on active duty; change provisions
- BILL SUMMARY: When a defendant demands a speedy trial a continuance tolls the running of that demand if a necessary witness is unavailable for trial because of deployment. The current Code requires a request to the proper military authority, pursuant to the United States Code and other regulations.
The bill strikes the current provisions and only requires a party to provide testimony via affidavits or other documents that the witness has been activated to military duty.
Authored By: Rep. Doug Collins of the 27th
House Committee: Judiciary Non-Civil
Rule: Modified-Open
Yeas: 149; Nays: 1


HB 898 - Driving under the influence; notice of conviction publication; change provisions
- BILL SUMMARY: Currently, if a person is convicted of a second or subsequent DUI within 5 years, then the notice of conviction is published in the local paper. The publication includes, among other information, the photograph, name, and address of that person. The bill strikes the provision that the convicted person's address will be published.
Authored By: Rep. Doug Collins of the 27th
House Committee: Judiciary Non-Civil
Rule: Modified-Structured
Yeas: 152; Nays: 8


HB 908 - Quality Basic Education Act; expenditures, class size, additional days, salary; temporarily suspend
- BILL SUMMARY: This bill gives local systems total flexibility through waivers that: · Eliminate Expenditure Controls - media center, direct instruction, and staff development costs · Eliminate Funding for Additional Instruction Days With this bill, waivers will be available for request by school systems through July 1, 2013. - Previous provisions regarding maximum class sizes and salary schedules were struck out from the original bill with this committee substitute.
Authored By: Rep. David Casas of the 103rd
House Committee: Education
Rule: Modified-Structured
Yeas: 137; Nays: 34


HB 963 - Ad valorem tax; returns of taxable real property; change certain provisions
- BILL SUMMARY: HB 963 eliminates inconsistencies within the ad valorem tax code. In section 1, it eliminates the requirement that property tax returns by submitted in person or by mail. This provision conflicts with another section in the ad valorem code allowing for electronic filing of returns. This bill will allow for electronic filing of such returns.

Section 2 clears up an inconsistency in the code section providing a homestead exemption for those that are 62 and older with income of $10,000 or less. When an amendment to this section was passed several years ago to change the calculation of income to include only the net income of the resident and spouse rather than the gross income of everyone residing in the homestead, the statute was only changed in one of two places, and therefore is internally inconsistent. The result is that counties are applying the law inconsistently, with some counties not implementing the relaxed requirements of the prior amendment. The bill makes the technical correction so that the provision uniformly provides for a calculation based on the net income of the applicant and spouse only.
Authored By: Rep. Larry O`Neal of the 146th
House Committee: Ways & Means
Rule: Structured
Yeas: 162; Nays: 4


HB 542 - Public School Employees Retirement System; maximum allowable benefit; increase
- BILL SUMMARY: This bill relates to retirement benefits payable upon normal, early or delayed retirement under the Public School Employees Retirement system so as to increase the maximum allowable benefit contingent upon funding.
Authored By: Rep. Brooks Coleman of the 97th
House Committee: Retirement
Rule: Modified-Structured
Yeas: 166; Nays: 0


HB 969 - Retirement and pensions; comply with federal law; amend certain provisions
- BILL SUMMARY: The bill authorizes the payment of death benefits if a member of a retirement system dies while performing qualified military service. It clarifies provisions regarding the distribution of benefits for persons who have reached the age 70.5. It specifies that earnable compensation for members of TRS will include deferral contributions as defined by Internal Revenue Code. It clarifies the definition of "plan year" for TRS. Stipulates that "pick-up" contributions paid by employers as pre-tax employee contributions must be paid as retirement contributions that are 100% vested and cannot be received by the members in cash. Requires the employer to certify the retirement date for a member of the TRS and to certify no agreement exists to allow the employee to return to service. It also amends other provisions within TRS, requiring members who wish to purchase additional creditable service to file their application and make their payment at the same time that they file their application for retirement. The bill makes technical corrections to ensure that 60 is the age reported as the normal retirement age in all sections that refer to TRS. It lastly amends provisions relating to the return to service of retired members under the Public School Employees Retirement System.
Authored By: Rep. Howard Maxwell of the 17th
House Committee: Retirement
Rule: Open
Yeas: 165; Nays: 1


HB 947 - Supplemental appropriations; State Fiscal Year July 1, 2009 - June 30, 2010
- BILL SUMMARY: This bill makes certain changes to the General Appropriations Act that was approved on May 11, 2009. It will provide appropriated sums of money for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010. - Authored By: Rep. David Ralston of the 7th
House Committee: Appropriations
Rule: Modified-Open
Yeas: 122; Nays: 44


HB 974 - Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions
- BILL SUMMARY: This bill changes the vesting in Peace Officers Annuity and Benefit fund from 10 years to 15 years and requires individuals taking a Leave of Absence to return to work for the number of months they took the Leave of Absence.
Authored By: Rep. Howard Maxwell of the 17th
House Committee: Retirement
Rule: Open
Yeas: 162; Nays: 2


HB 997 - Social Security Coverage Group; State Personnel Administration jurisdiction; provide
- BILL SUMMARY: This legislation updates Chapter 18 of Title 47 relating to Social Security and moves the responsibilities to the State Personnel Administration.
Authored By: Rep. Howard Maxwell of the 17th
House Committee: Retirement
Rule: Open
Yeas: 156; Nays: 2

Under the Gold Dome

Georgia Online Voter Registration
This past Wednesday, Sen. Cecil Staton (Dist. 18) introduced SB 406, which would implement an online voter registration system in Georgia. The system would allow eligible applicants with a Georgia driver's license or state identification card to register to vote through a secure network on the Secretary of State's website. The Department of Drivers Services would also work with the electronic voter system to transmit and collect pertinent information.

Questions have been raised about the safety of online voter registration. The bill proposes software would be used to make sure the applicant is a U.S. citizen and that his/her address and other information are correct. Still, the bill fails to address possible accuracy issues with the DDS database.

Secretary of State Brian Kemp has already announced his support for this bill, saying it's a "common sense" measure that would increase access to elections, save tax money, and prevent voter fraud. Kemp also helped craft the bill, and several senators are joining Sen. Staton to sponsor this piece of legislation.

Georgia historically ranks last in percentage of citizens who are registered to vote, so a reform in the voter registration process is long due. However, several details of the bill should be revised or clarified before it is considered as possible legislation.

Georgia is not the only state looking for a secure solution for its constituents. Nine other states have or will be implementing online voter registration systems, and at least seven states have similar legislation pending.

If SB 406 passes the General Assembly, it will have to go the US Department of Justice for pre-clearance.

House passes FY 2010 Supplemental Budget
The Georgia House adopted an amended state budget Thursday that cuts approximately $1.2 billion for the current fiscal year. The cuts include changes in appropriations to Health and Human Services, such as $940,000 in Administrative Services. The FY 2010 Supplemental budget calls for furloughs of state personnel including teachers, caseworkers, and food stamp eligible workers. It also cuts funding for independent living programs, domestic violence shelters, and recruitment and screening of prospective adoptive parents.

It restores funding for the Alzheimer's Center, Harrison County Senior Citizen Center, DeKalb County's Meals on Wheels service. Additionally $274,000 was restored to the Autism Center. Funding for a new database was delayed. The House also rejected the Governor's plan to pay for certain scholarships with lottery reserves. Instead, it proposed funding those scholarships with general revenue funds. The FY 10 Amended Budget now moves to the Senate for consideration.

End of Hawk System in Georgia House of Representatives

After suffering years of abuse under former Speaker Glenn Richardson's "Hawk" system, the Georgia House of Representatives last week passed an amendment to the House rules that ends the era of "Hawks."

The Hawk system was a clear violation of the concept of one person, one vote and representative democracy in Georgia. It allowed the Speaker to control the outcome of every vote, in every committee, every time. The Speaker selected several Republican Representatives and gave them special authority to attend any committee meeting and vote on any bill. The Hawks were frequently used to push the Republican leadership's political agenda with complete disregard for Georgia's best interest.

House Democrats have been pushing for this and other rules changes for five years.

While we are thrilled with the end of the Hawk system, this is just the first step towards restoring representative democracy in Georgia. It is a great first step towards the kind of rule changes we have been demanding and the kind of changes we need to create transparency and better serve Georgians.

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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

Email: marinstatehouse@aol.com

Pedro Marin © 2010

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