SENATEINFORMATIONOFFICE 201 Legislative OfficeBldg.,Atlanta,GA 30334 404-656-0028 / 1-800-282-5803 #7195 January 14, 1994 HIGHLIGHTS OF MAJOR SENATE ACTION For the Week of January 10, 1994 (Week #1) The 1994 session of the Georgia General Assembly convened at 10:OO a.m., Monday January, 10 bringing the state's 236 lawmakers back together under the Gold Dome to finish old business and tackle new challenges. Legislative sessions are often characterized by a theme, but as the 1994 session approached there seemed to be little consensus as to what issue would dominate action under the Gold Dome. By the time the opening gavels fell in the Senate and House, however, it became clear that this will be a session dominated by potentially far-reaching legislation dealing with crime and violence, drunk driving, family issues, and education. Welfare reform and health care are also expected to share the spotlight. Legislation unresolved in the first year of the two-year term can, of course, be carried over. Consequently, 1,087 bills and resolutions from last session remain to be considered. An estimated 2,000 more measures will be introduced in the current session. The first week of the session was largely ceremonial. The Senate adopted routine rules changes and unanimously selected Senator Pete also welcomed RiotbsintswoonneawsesittsmePmrbeesrisde-n-tBPorboG-uThelmpaonrde.PerTrhyeMcSGeuniartee -- elected in special elections last summer. In opening remarks, Lieutenant Governor Pierre Howard commended the Senate for what it had accomplished over the past three years. He cited, in particular, continuation of the PEACH (Positive Employment and Community Health) Program and expansion of the Community Care Act. He also outlined his goals to strengthen child protection laws and crack down on drunk driving. -- Senate and House members met in joint session on three separate occasions to hear Governor Zell Miller's State-of-theState and Budget Messages and the state-of-the-Judiciary speech delivered by Supreme Court Chief Justice Harold Clarke. In his State-of-the-State remarks, Gov. Miller outlined an ambitious legislative package highlighted by tough law-and-order measures to put violent criminals behind bars and keep them there. Miller's budget message reiterated Georgia's economic recovery and outlined plans to spend more than $9 billion in Fiscal Year 1995. Despite the ceremonies, much was accomplished in the Senate as more than 100 bills and resolutions were introduced in the during the first week and began to move through the legislative process. Among the measures dropped in the hopper were a half-dozen bills in the Lt. Governor's anti-DUI package including legislation to eliminate the "nolo contenderel' plea. Several of the bills have already won committee approval and will soon face a floor vote. Legislation was also introduced which would: deny state-issued occupational licenses to parents who won't pay child support; require a moment of silence in public school classrooms each day; sentence violent criminals to longer prison sentences; and force convicted sex offenders to register with local authorities. the Floor Although there is little, if any, legislation considered and debated on the Senate floor during the first week of a session, there is still much accomplished. The tone of the session is set by the Governorfs two major speeches and the President of the Senate outlines his agenda for the session. Carryover legislation as well as newly-introducedmeasures begin to move through the committee process and the pace picks up quickly. So far, 1994 has been no exception. Lt. Governor's Remarks In opening remarks, Lt. Governor Howard pointed out that the Senate can take justifiable pride in what it has accomplished. He cited the continuation of the PEACH Program to assist welfare recipients in obtaining job training and joining the work force; and expansion of the community Care Act which is designed to help older Georgians remain in their homes instead of being forced into nursing homes. He also pointed to progress made in the area of child protection. But Howard cautioned the Senators that there is still work to be done. He called for their support in his efforts to strengthen child protection laws, crack down on drunk driving, and intensify the war on crime. "During this session, I hope to move away from the intervention question and move toward the prevention question,I8 said Howard in outlining his child protection plans. Howard said he is disappointed in the lack of progress the state has made in combatting drunk driving. He said elimination of the "nolo contendere" plea will be the centerpiece of his anti-DUI efforts, and if his bill to do away with "nolo" does not pass, he will push other measures to limit its use such as assessing violation points for "nolow pleas. His DUI package also includes bills to: set a vlzerotolerancew policy for under age drunk drivers; require courts to notify the insurance companies of drunk drivers; do away with "judge s h ~ p p i n g ;p~ro~hibit plea bargains to lesser charges; maintain DUI records permanently; and allow video-taped evidence of a DUI arrest without a police officer's testimony. The Governor's Speeches The Senate and House met in joint session this week -- Tuesday for the Governor's State-of-the-State message and Thursday to hear his budget address. In his State-of-the-State speech, Miller recounted the difficulty the state faced during the recession of the early '90s, but noted that the recovery has been strong. He outlined an ambitious legislative agenda focusing on crime, drunk driving, education and welfare reform. "The values that underlie my goals for Georgia are on one hand providing the opportunity, but on the other, requiring resp~nsibility,~s~aid Miller. Gov. Miller summarized legislation to set mandatory minimum prison sentences of ten years for violent criminals and to lock up second-time offenders for life. He also proposed legislation requiring drunk drivers to spend at least 24 hours in jail upon their arrest and joined ranks with the Lt. Governor in calling for an end to the wnolow plea. Miller will have legislation introduced to provide schools with security equipment and make it a felony to furnish anyone under age 18 with a handgun. In the area of education, Miller said he will expand the voluntary pre-kindergarten program and raise the income cap on the HOPE (Helping Outstanding Pupils Educationally) college scholarship program. The Governor also detailed plans for what he described as a reward for those families who work and save and sometimes come up a little short at the end of the month. Miller's plan would increase the income tax deduction for each dependent from $1,500 to $2,500. He also promised an increase in the retirement income exclusion to $12,000. In his budget address, Miller noted the strength of Georgia's economic recovery including the creation of 90,000 new jobs last year and a 14 percent jump in housing starts. He predicted revenue growth of 7.8 percent. Miller said the FY '95 budget of more than $9 billion will direct new revenues toward education, crime control, welfare reform and economic growth. The budget will include over $3.5 billion for Georgia's public schools including money for improved security, alternative schools for disruptive students, the hiring of elementary school counselors, expansion of anti-drug programs and other improvements. He said lottery proceeds will also help to expand programs such as the HOPE scholarship. The spending plan includes funding for improvements in the state's youth development centers, pay hikes for state lawmen, expansion of the PEACH Program, additional child protective workers, and developmental highway construction. A New Pro-Tem The Senate unanimously elected Senator Pete Robinson of Columbus to serve as President Pro-Tempore, the highest ranking officer of the Senate next to the Lieutenant Governor. Rome Robinson was nominated for the post by who said his success is based "on Sen. the RAiBcChsard--Maarbaibllietoyf, backbone and character.Iu The nomination was seconded by Senate Minority Leader Arthur (Skin) Edge of Newnan. Robinson replaces Wayne Garner who resigned from the Senate last year. -- Senators also welcomed their two newest colleagues Bob Guhl ofi Social Circle and Perry Mc~uireof ~ouglasville,elected in special elections last summer. Senators took time out to pass a resolution and pay tribute to Edward Isakson, the father of Sen. Johnny Isakson of Marietta, who died in December. The senior Isakson was a prominent realtor and community leader. A Lottery Re~ort Sen. Paul Broun of Athens delivered a report to his colleagues on the state $583,360,889 lottery. have been Brounfs report shows that collected between July 3, r1e9v9e3nu-eJsatnoutaarlyin8g, 1994. This includes ticket sales for the Instant Winner Program, Cash 3, and Lotto Georgia. Committee Action J The first week of the 1994 session saw several important and complex issues win committee approval. Legislation discussed in various committees this week included measures to: toughen DUI laws, address violence in ~eorgia's schools, and improve access to health care. Those bills include several of the anti-DUI measures outlined earlier in the week by Lt. Governor Howard. Crackdown on Drunk Drivinq The Senate Judiciary Committee recommended passage of three of the DUI measures including SB 417, sponsored by Sens. Pete Robinson, Jack Hill and Sonny Perdue. It would eliminate the plea of ttnolocontenderettwthich critics say leaves a large loophole for drunks to drive through. SB 419, sponsored by Sen. Terrell Starr, Tom Coleman and Chuck Clay, is a "zero tolerancettbill aimed at teenage drinkers. It would set .02 as the blood alcohol level needed to prosecute a DUI. SB 421, sponsored by Sen. Pete Robinson, Walter Ray and Jack Hill, would prevent "judge shoppingttand send a DUI case back to the original court of jurisdiction if the defendant requested but then waived a jury trial. Crime & punishment The Judiciary Committee also recommended passage of a key part of Governor Miller's anti-crime legislation. Senate Bill 440, by Sens. Mark Taylor, Robert Brown and Guy Middleton, is designed to "enhance school safety." It provides that juveniles who commit violent felonies shall be tried as adults in the superior court. Water Conservation The Natural Resources Committee gave the green light to Senate Bill 10, an important water conservation measure. Interest in this issue has intensified due to the ongoing "water warstt between Georgia, Alabama and Florida. This legislation, part of Lt. Gov. Howard's legislative agenda, requires large water users to submit a water conservation plan to the Department of Natural Resources when applying for water withdrawal permits. This would include industrial users as well as local governments. The bill is sponsored by Sens. George Hooks, Steve Henson and Skin Edge. The Better to See You With The Health and Human Services Committee recommend passage (by subsFitute) of a measure which would expand the scope of practice of optometrists to allow them to manage glaucoma treatment and prescribe certain drugs in the course of their treatment of patients. Supporters say it will provide a better level of care, improve access to health care, and reduce cost. Senate Bill 199 was sponsored by Sen. Harold Ragan. Olwn~icDocs The Health and Human Services panel also recommended passage of legislation which would exempt doctors from other countries from having to obtain a Georgia medical license while here for the 1996 Olympics. SB 414 was sponsored by Senators Pete Robinson, Walter Ray and Arthur (Skin) Edge. the Hopper Legislation introduced during the first week of the 1994 session covered a wide range of topics and issues. It did, however, focus heavily on crime, violence and drunk driving and included major initiatives . proposed by Gov. Miller and Lt. Gov. Howard. Several of the Lt Governor's bills have already won favorable recommendations from the Judiciary Committee and are discussed in the "In Committee Actionw section of this report. ~nti-DUIBills Proposed Among the Lt. Governor's DUI measures introduced this week still awaiting committee action are: SB 412, by Sens. Eddie Madden, Mary Margaret Oliver and Steve Thompson, which would allow the introduction of video-tape evidence in DUI cases without a police officer's testimony; and SB 422, by Sens. Pete Robinson, Terrell Starr and Walter Ray which would prohibit plea bargaining to reduce DUI charges to lesser charges such as reckless driving. Child Protection Two bills from the Lt. Governor's child protection package were also dropped into the hopper. They include: SB 465, by Sens. Mary Margaret Oliver, Steve Thompson and David Scott, which would allow for the extension of a six-month protective order in family violence cases for an additional sixmonth period; and SB 466, by the same Senators, which would deny routine bond in family violence cases, and instead require an appearance before a judge. Other Lesislation Introduced Other measures introduced in the hopper this week would: Require a moment of silent meditation in the public schools "to help instill virtues and valuestv(SB 396 by Sens. David Scott, Walter Ray and Chuck Clay). Deny state-issued occupational licenses to non-custodial parents who aren't making required child support payments and revoke the licenses of those who already hold them (SB 411 by Sens. Mary Margaret Oliver, Charles Walker and Pete Robinson). Force sex offenders to register with local law enforcement authorities upon their release from prison (SB 399 by Sens. Ed Boshears and Rene Kemp). Set mandatory minimum prison terms of 10 years for armed robbery, kidnapping, rape, and other violent crimes (SR 395, a proposed constitutional amendment, by Sens. Mark Taylor, Robert Brown and Guy Middleton). SB 441 is a related statuatory measure requiring violent criminals to serve mandatory minimum terms. Force a person convicted of a violent crime to serve at least two-thirds of his sentence before becoming eligible for parole (SB 429 by Sens. Perry McGuire, Don Balfour and Pam Glanton). Create a vvLearnfarevpvrogram that would require teenagers receiving welfare to remain in school (SB 407 by Sens. Sallie Newbill, David Ralston and Chuck Clay). Provide a shortfall reserve to be maintained in the Lottery for Education Account. The account would hold 10% of the past . year's lottery income in case of a drop in lottery revenue (SB 452, by Sen. Paul Broun) Require the state to pick up the tab for any state mandates imposed on local governments (SR 383, a constitutional amendment, proposed by Sens. Don Cheeks, Jake Pollard and Wilbur Baugh). Around Capitol Hill While floor action in the Senate and House chambers certainly dominates the legislative session, there is indeed life outside those Chambers. This section of the report will attempt to touch on some of the events of interest that occur off the floor. Hoa Wild On the eve of the '94 session of the Genera1 Assembly, -- -- lawmakers, lobbyists, journalists and hundred of others gathered for the annual and notably traditional Wild Hog Supper. It's an opportunity for the legislators and others to socialize before getting down to legislative business. News Conferences On the opening day, Sen. Ron Slotin of Atlanta held a news conference outside the Senate Chamber to discuss legislation he is proposing to allow revenues from the gas tax to be spent by the Department of Transportation on commuter rail and rapid transit. Motor fuel tax revenues, currently dedicated to DOT, can only be spent on roads and bridges. The Concerned Black Clergy and the Interfaith Task Force for Gun Control also held a news conference in the Capitol rotunda this week. They outlined plans to form a coalition to support the passage of SB 12 which calls for a background check before a person can purchase a hand gun. It passed the Senate during the 1993 session, but stalled in the House. The group also cited Sen. David Scott for his sponsorship of the bill. Eaas and Issues O n Wednesday, Governor Miller, Lt. Gov. Howard, and House Speaked Tom Murphy addressed an audience of over 1,000 business and community leaders at the Georgia Chamber of Commerce's annual Eggs and Issues Breakfast. Miller used the occasion to unveil a broad economic plan aimed at providing tax incestives for job creation in all counties. Howard, meanwhile, challenged the audience to support a legislative assault on the state's crime problem. He called crime the issue most likely to dominate the 1994 General Assembly. In addition, the Lieutenant Governor renewed his commitment to children by announcing a children's rights legislative package. The package includes five elements, most notably a proposal to improve enforcement of child support collections by revoking state issued professional business licenses from parents who are in default of their child support payments. It also includes bills that would: require the Department of Human Resources to use the "best interests of the childe1policy in determining whether or not to remove a child from his home; and to allow the Department of Family and Child9enfs Services (DFACS) to run criminal record checks on alleged perpetrators of child abuse. Sixty Second Interview The 1994 session opened with a number of important and complex issues facing state lawmakers. Senate Appropriations Chairman George Hooks recently discussed his observations of the session and topics included: the budget, education, the Lottery and crime. The FY '95 budget will likely total over $9 billion and Hooks emphasizedthe importance of maintaining a Itsound responsible spending planttfor state government. "The budget is the cornerstone of what we do here at the Capitolgqstated Hooks. "It is an investment on the part of the State to accomplish the goals and ideals for the citizens of Georgia. The economi.~outlook for ~eorgia is good and we are pleased with where we are." Sen. Hooks commented that he is "very impressedw with Gov. Miller's ability to recommend a budget that includes a tax break for families and higher salaries for school teachers. Regarding the lottery, Hooks noted that the Senate leadership had met with lottery officials and were "very pleasedtt. Yet, Hooks says it is important to "put legislation in place to have periodic reports come from the lotteryw to track its progress and Itto see passage of a law requiring a reserve fund for the lotterytt. . Hooksr priorities for 1994: "The most important thing for this session is to have a good fiscally sound budget. .and we must continue to address ourselves to a growing crime problem and violence in our s~hools.~' Georgia Senate Brief Senator Pete Robinson takes on a new leadership role as Senate President Pro-Tem. Robinson has served in the state Senate from west Georgia's 16th District since being elected to his first term in 1990 and has 1, rapidly moved upward through the Senate ranks since that time. Previously, Robinson served as 1 Senate Majority Leader, as well as acting chairman of the Senate Appropriations Committee. Robinson still serves on the Appropriations committee and is vice-chairman of the Finance and Public Utilities Committee. He is also a member of the Ethics, Judiciary and Rules Committees. As a member pf the Senate leadership team, he also serves on the Senate Administrative Affairs Committee and the Joint Legislative Services Committee. Before coming to the Senate, Robinson was a member of the House of Representatives from 1984-90. He also served on the Muscogee County Board of Education. Robinson graduated from Emory University with a BA in religion and political science. He earned his law degree from Mercer University and is now a partner in Self, Mullins, and Robinson, a law firm in Columbus. Robinson and his wife, Emily, are the proud parents of one daughter, Carolyn.