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SENATE WORMATION OFFICE 201 Legislative Office Bldg., Atlanta, GA 30334 404656-0028/ 1-800-282-5803

#7216

January 27, 1994

HIGHLIGHTS OF MAJOR SENATE ACTION For the Week of January 24, 1994 (Week #2)

~eorgia's lawmakers returned to the capitol on Monday following a one-week recess highlighted by the Martin Luther ~ i n g , Jr. holiday and four days of joint hearings by the Senate and House Appropriations Committees on the proposed state budget for ~iscal Year 1995.

During the recess, legislative budget writers heard dozens of state agency heads outline their spending proposals that are included in the record $9.7 billion package. Governor Zell Miller's budget recommendation targets an unprecedented $3.5 billion toward education. The budget also includes funding for continued prison expansion as well as a $100 million tax cut.

Lieutenant Governor Pierre Howard announced details of his legislative attack on family violence in a Monday afternoon news conference. Howard has proposed legislation which would eliminate family violence from the standard schedule of bonds and require, instead, that suspects go before a judicial officer to request bond. Other bills proposed by Howard would extend the time period for holding final hearings on requests for temporary protective orders and permit the courts to extend initial six-month protective orders for a second six-month period. Howard also called for the doubling of state funding for ~eorgia's 34 emergency women's shelters.

Tough anti-DUI legislation topped the Senate's agenda for the week. Senators gave the green light to bills which would eliminate the I1nolocontendere" plea and set a mandatory minimum suspension period of at least 30 days, reduce the blood alcohol level for underage drivers to 0.2, and close a loophole that often let drunk drivers shop for a lenient judge.

The ~udiciaryCommittee, meanwhile, began a review of several other DUI bills, all of which are a part of the Lt. Governor's anti-DUI initiatives. One of the measures is SB 412, the "silent witnessv bill, which would allow the introduction of video-taped evidence in a DUI arrest without a police officer's testimony.

In other action, the Senate also approved legislation which would: clear the way for Georgia's banks to expand outside of the southeast and allow the Department of Industry, Trade and ouri ism
to construct and operate the convention and trade center proposed for Savannah.

The Judiciary Committee said yes to a bill which would deny state-issued professional or trade permits to people who aren't paying their child support. The Education Committee, meanwhile, heard details of legislation which would require a moment of silent meditation in public school classrooms each morning.

The Senate also played host to newly-elected Atlanta Mayor Bill Campbell who pledged the cooperation that he said is necessary between City Hall and the Capitol. The Senate and House will adjourn Thursday and begin a four-day 'ISuper Bowl recess,^^ returning on Tuesday, February 1.
####I!

the Floor

LOOKING BACK. . .on Friday,

January 14, the Senate passed SB

10 by Sen. George Hooks which would require large water users

to submit a water conservation plan when applying for water

withdrawal permits from the

Department of Natural Resources.

SB 199 by Sen. Harold Ragan

cleared the Senate.

The

bill would expand the scope of

practice of optometrists and

allow them to manage the

treatment of glaucoma and prescribe certain drugs. Senators also gave a thumbs up to SB 414 by Sent#. Pete Robinson, Walter Ray and Arthur (Skin) Edge, which would exempt Olympic team doctors from having to obtain ~eorgiamedical licenses.

The first bills in a slate of tough anti-DUI legislation proposed by the Lt. Governor cleared the Senate early this week. The centerpiece of the package is SB 417 which would completely eliminate the plea of "nolo contendere" in drunk driving cases.

who

Under current has gone five

law, a years

wfiitrhsotu-ttiameDdUrIun-k-

driver --
is able

or to

a driver keep his

license and escape a DUI record with a "nolo" plea. SB 417 would

do away with the "nolow loophole.

"Drunken driving is a problem that we have been wrestling with in this state," said Senate President Pro-Tern Pete Robinson, the bill's chief sponsor. "We have learned that most DUI offenders are first-time offenders, and to get at the problem we have to get it from the beginning."

A succegsful amendment to the bill by Senate Minority Leader Arthur (skin) Edge would drastically restrict the issuance of "hardshipn permits which, for example, allow a person whose license has been suspended to drive to and from work. Under the amendment, the licenses of a drunk driver would be suspended for a minimum of
30 days - no exceptions.

If the bill ultimately becomes law, Georgia will follow the trend of nearly three dozen other states which have done away with the "nolo" plea. Sponsored by Sens. Robinson, Jack Hill and Sonny Perdue, SB 417 passed 54-1.

Zero Tolerance

A second anti-DUI bill targets underage drinkers and establishes a "zero tolerancew level under which virtually any trace of alcohol would be grounds for DUI charges. SB 419 sets .02 as the maximum blood alcohol level for a driver under age 21. The .08 blood alcohol level would remain as the point at which DUI charges can be lodged against a driver over 21. Sponsored by Sens. Terrell Starr, Tom Coleman and Chuck Clay, SB 419 passed 54-0.

The third DUI bill to sail through the Senate was SB 421, which would close a loophole and eliminate what critics say amounts to "judge s h ~ p p i n g . ~ U~nder the measure, a DUI defendant who requests a jury trial, but then waives that trial, will have his case remanded back to the court from which it came.

Sponsors say this bill is aimed at drunk drivers who try to manipulate the system to find a lenient judge by requesting a trial by a judge and withdrawing the request if a tough judge is assigned to the case. Sponsored by Sens. Pete Robinson, Walter Ray and Jack Hill, SB 421 passed 52-0.
Interstate Bankinq
The Senate passed legislation designed to clear the way for Georgia's banks to merge with other banking institutions outside the southeast. The measure would expand the current Southeast Compact which restricted mergers and acquisitions to the southeast region. Sponsors say the legislation is aimed at strengthening Georgia's economic growth potential and making the state's banks more competitive. Sponsored by Sens. Loyce Turner, Paul Broun and Terrell Starr, SB 451 passed 54-0.
Savannah Conference and Trade Center
Plans for a new conference and trade center in Savannah got a boost this week with passage of a bill which would permit the Department of Industry, Trade and Tourism to construct and operate the facility. Supporters of the legislation point out that the center is critical to coastal Georgia's economy, particularly in light of Savannah's role as a port.
The state's financial committment to the facility would be limited with most of the cost covered by local revenue sources and leasing income. Sponsored by Sens. Tom Coleman, Mark Taylor and Robert Brown, SB 415 passed 51-0.
Enqlish - Official Lanquaqe
The Senate decided to put on the back burner a bill which would designate English as the state's official language. Supporters say the bill is designed to avert a potentially costly situation where government documents would have to be printed in several languages and a multi-lingual staff would have to be maintained. The Senate voted to postpone floor action on the measure until February 23. SB 127 is sponsored by Sen. ~ i k e Crotts.

Committee
Action
\
Additional DUI Leqislation

In addition to floor action, a number of Senate committees began to review and make recommendations on a wide range of bills and resolutions that will face action in the coming weeks. Among the legislation on the committee agendas were bills dealing with DUI and child protection.

The Senate Judiciary Committee recommended passage of SB 420 by Sens. Pete Robinson, Sonny Perdue and Chuck Clay. Part of the anti-DUI package, the measure would require judges to forward a copy of a motorist's conviction to his or her auto liability insurance company.

In its Monday meeting, the committee also took a first look at
two other DUI bills -- SB 418, which would require that a DUI
conviction be maintained on a driver's record indefinitely, and SB 422 which wauld prohibit drunk drivers from plea bargaining to lesser charges. The bills were expected to be considered later in the week.

The committee had also scheduled a hearing for Wednesday on SB 412, sponsored by Sen. Eddie Madden, which would allow the introduction of video-taped evidence in a DUI case without the arresting officer's personal testimony.
Child Protection
The Judiciary Committee also said yes to legislation proposed by Lt. Governor Howard which would deny state-issued professional or trade licenses to people who aren't paying their required child support. The legislation would affect hundreds of thousands of Georgians from doctors to barbers to electricians. SB 411 is sponsored by Sens. Mary Margaret Oliver, Charles Walker and Pete Robinson.
Supplemental Budset
The Senate ~ppropriationsCommittee has recommended passage of the Senate version of the $9.2 billion supplemental appropriations bill for the current fiscal year. The Senate version of the measure includes nearly $1 million for preventive health care programs as well as new equipment for caseworkers in the Department of Family and Children's Services.
The funding is a part of the Lt. Governor's agenda which targets at-risk children and residents of rural Georgia. The full Senate is expected to consider HB 1296 on Thursday.
Cariackinq
The recent rash of sometimes violent carjackings has spurred legislation to designate carjacking as a separate and distinct crime with strict penalties. SB 288 by Sens. Rene Kemp, George Hooks and Ed Boshears received a do-pass recommendation from the Senate Special Judiciary Committee. It is one of several carjacking measures that is pending in the General Assembly this year.
Tax Breaks
The Senate Finance and Public Utilities Committee recommended passage of legislation aimed at increasing the availability of lowincome housing.
SR 407 by Sen. Ron Slotin would allow a city or county government to provide an exemption on ad valorem property taxes on property that is being developed or renovated by a non-profit agency for low income residents. The exemption would be limited to three years.
Learnfare
The Senate Education Committee took a preliminary look at a measure aimed at keeping the children of welfare families in school. The legislation would terninate AFDC benefits if a child under age 16 is not in school or in a GED equivalency course. SB 407 is sponsored by Sens. Sallie Newbill, David Ralston and Chuck Clay.
The panel also heard from Sen. David Scott who outlined two measures that will be considered by the committee. SB 395 is designed to bring parents and school authorities together at an early stage to resolve discipline problems. SB 396 would require a moment of silent meditation in public school classrooms each day.

the
Hopper

Senators continued to

introduce dozens of bills and

resolutions during this second

legislative week.

The

legislation dropped in the

hopper dealt with a myriad of

issues ranging from drivers

licenses to school violence to

tattoos. Among the measures

introduced are proposals which

would:

Provide that drivers licenses issued to people under age 21 would be valid until the person reached the age of 21, instead of
. four years (SB 507 by Sens. Richard Marable, Walter Ray and Sonny
Perdue)

Officially recognize the Southern Band of Cherokees and Creeks of East Ellijay as a legitimate American Indian Tribe (SB 508 by Sen. David Ralston).

Add stun guns and tasers to the list of weapons banned in schools (SB 510 by Sens. Sallie Newbill and Chuck Clay).

Establish a uniform grading system for all public elementary and secondary schools (SB 513 by Sens. Mike Crotts, lint Day and Sallie Newbill).

Raise the minimum age for getting a tattoo from 16 to 18 (SB 517 by Sens. Nadine Thomas, Harold Ragan and Jane Hemmer).

Set a four-term limit for service in the General Assembly (SR
. 414, a proposed constitutional amendment, by Sens. Bob Guhl and
Perry McGuire)

Strengthen liability insurance requirements for operators of
. taxis and vehicles for hire (SB 504 and SB 505 by Sen. Steve
Henson)

Around
Capitol Hill

. Better accountability for the

lottery.

tough new

. legislation aimed at family

violence.

.and kudos for

Georgians who have made

important contributions to

their local communities

highlight the past week's action

outside the Chamber, away from

committee rooms but around

Capitol Hill.

Accountability and the Lottery

Lt. Governor Howard addressed a breakfast meeting of the Georgia Public Policy Foundation and took the opportunity to unveil his legislative package concerning Georgia's Lottery. Howard is proposing new initiatives aimed at bringing about better accountability of the funds raised through the Georgia Lottery.

Howard is calling for detailed estimates of the projected cost of each education and capital program funded by the Lottery for the five year period. Another proposal would require the prequalification of bidders for Lottery contracts. This would guarantee that all bidders meet specifications before the bids are opened and, thus, enable the Lottery corporation to award contracts to the lowest bidder.

The goal outlined by Howard is to "ensure that we have the effective management and fiscal planning needed to enable us to keep our promises and maintain the successful programs already
begun. "
Family Violence Tarseted
The Lt. Governor announced his legislative proposals to curb family violence in a Monday news conference in the Capitol rotunda.
The package includes, most notably, legislation that would remove acts of violence from the schedule of bails so that only a judicial officer could set bond for a suspect in a family violence incident. This would enable the courts to evaluate the risk factors involved in the release. Additional proposals would extend the time period for holding final hearings in requests seeking temporary protective orders and allow the courts to extend an initial six-month protective order for a second six-month period without the victim filing a new petition. Howard is also calling for additional funding for the states 34 emergency shelters.
Much of the family violence legislation will be sponsored by Sens. Mary Margaret oliver and David Scott.
Hearts for Youth
A Hearts for Youth Salute was held in the Capitol rotunda last Thursday. The event was organized to recognize 143 Georgians who have made a difference in the lives of young people in their communities.
Heavyweight boxing champ Evander Holyfield was slated to appear, but travel difficulties prevented his attendance.

Sixty Second Interview

Georgia, along with the rest of the nation, has seen an alarming increase in the incidence of carjackings over the past year. A number of the incidents have escalated into violence and death. Senator Steve Thompson says he's disturbed by the pattern and is the chief sponsor of legislation proposed by Lt. Governor Howard to crack down such acts of random violence.

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Thompson says SB 491 would define carjacking as a criminal act separate from any other crime now on the books and would provide

severe penalties.

"This is a crime that can occur anywhere and to any person --
in the city, in the suburbs or an expressway ramp," said Thompson. !#Ispend a lot of time in my car and I have a teenage daughter, so
you can imagine how concerned I am."

The legislation would provide a mandatory minimum ten year prison sentence for anyone convicted of carjacking. In the event of severe injury to the victim, the defendant would face life in prison. A carjacking in which the victim is killed would be punishable by the death sentence or by life in prison with no chance of parole.

Thompson also predicted that a far-reaching package of child protection legislation, much of which was drafted by the Children at Risk Study Committee, will win legislative approval this year.

(

Georgia Senate

] Now in his fourth term from the 28th Senatorial District, Arthur

Bios

B. (Skin) Edge of Newnan is highly respected for his leadership and thorough

knowledge of the issues facing

the General Assembly. Before

Brief I becoming Senate Minority Leader in 1993, Edge served as chairman of the Senate Special Judiciary Committee and remains a member

of the panel.

Edge also serves on the Rules and Appropriations Committees and is a member of the Natural Resources Committee. In addition, he serves on the Senate Administrative Affairs Committee and the Budgetary Responsibility Oversight Committee.
Active in national legislative organizations, Edge represents Georgia on the Federal Budget and Taxation Committee of the National Conference of State Legislatures.
During his tenure in the Senate, Edge has sponsored legislation to improve the quality of lakes, streams, and rivers in Georgia and has also authored legislation to revise Workers1 Compensation laws.
Edge earned a BBA and law degree from the University of Georgia and is a partner in Wood, Odom, and Edge, a law firm in Newnan. He and his wife, Bambi, are the parents of a son and two daughters.