Weekly wrap-up 1994 February 11

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

#7241

February 11, 1994

HIGHLIGHTS OF MAJOR SENATE ACTION For the Week of February 7, 1994 (Week #4)

- The pace of activity in the Senate quickened during the fourth
legislative week as calendars and days - became longer, issues
became more complex, and debate became more intense.
The highlight of the week was arguably the passage of the $9.2 billion supplemental budget for the current fiscal year. Debate over the amended spending plan originally began last Friday but spilled over to this week after a decision was made to delay action on the spending plan until Monday.
At issue was the way in which lottery-funded Model Technology grants were to be distributed to schools around the state. The issue was finally resolved following a meeting with state education officials and after Governor Zell Miller agreed to Itline-item vetow the grants, allowing time to re-evaluate the way in which the grants will be made.
Major welfare reform legislation proposed by the Governor won Senate approval. The bill would establish a 10-county pilot project under which welfare recipients would be required to perform 20 hours per month of community service work for a state, federal or non-profit organization.
Lieutenant Governor Pierre Howard's package of family violence legislation cleared the Senate. The proposals include a measure which would require court officers to consider risk factors in determining bond for a person charged in connection with a domestic violence incident and to consider restrictions in addition to bond.
Senators also passed a bill to make it a felony to assist in a suicide. Under the measure, assisted suicido,would be punishable by 1-5 years in prison.
Legislation to create a new homestead exemption plan to protect older homeowners from excessive reassessments also sailed through the Senate. The measure is aimed at homeowners over age 62 with a yearly income of $30,000 or less.
In committee action, the Senate Education Committee recommended passage of legislation to require a moment of silent reflection in the state's public school classrooms. The Senate Economic Development, Tourism and Cultural Affairs gave the green light to a bill which would outlaw price gouging by hotels and motels during the 1996 Olympics.
The Senate Finance and Public Utilities Committee, meanwhile, held a public hearing on a measure which would allow competition for local telephone service and freeze rates for residential and single-line business services for three years.

the Floor

. L O O m G BACK. .Last Friday,
the Senate said yes to SB 406 by Senators David Ralston, Mary Margaret Oliver and Arthur (Skin) Edge which is aimed at under-age drunk drivers. The measure would suspend the license of a person under 18 who is convicted of drunk driving for one year or until the age of
J 18 - whichever period of time is
longer.

The Senate also approved legislation by Senators Mary Margaret Oliver, Jack Hill and David Scott to open some juvenile proceedings and records to the public. Sponsors say it would allow school authorities to be better prepared to deal with potential problem students.

The $9.2 billion supplemental budget for the current fiscal year has been signed by Gov. Miller. The Senate passed the measure Monday after a one-day delay and considerable debate over the appropriation of lottery revenues. The money in question was earmarked to purchase sophisticated computer technology equipment for some Georgia schools.
Critics of the plan challenged the fairness of the method in which school systems were selected to receive Model Technology money. The Appropriations Committee called a special meeting Monday morning to give Senators a chance to meet with state education officials to discuss the selection process.
The situation was ultimately resolved when Gov. Miller said he will use his line-item veto authority to remove the Model Technology grants, allowing time to develop a way for "every school system to share in the funding equally."
According to Senate Appropriations Committee Chairman George Hooks, the amended budget includes $83.4 million in general surplus funds and $141 million in new lottery funds.
The supplemental bill commits an unprecedented amount of money to the state's shortfall reserve account which will bring the socalled I8rainydayw fund up to $122.6 million. Fifty-one percent of the amended spending plan will go to education.
Handled by Senator Hooks, the amended budget (HB 1296) passed 47-8.
Welfare Reform
The Senate gave the green light to dramatic welfare reform legislation proposed by Gov. Miller which would require welfare recipients to perform public service duties or face the loss of their welfare benefits.
SB 464 would establish a 10-county pilot program under which recipients of AFDC (Aid to Families With Dependent Children) benefits would perform 20 hours of public service work per month for a state, federal or non-profit organization. Recipients with children under school age would be exempt.
Recipients with school age children would work hours that coincide with the hours that their children are in school. Welfare recipients who are employed would receive credit for the hours worked on those jobs.

Sponsors say the plan would build on the success of the current PEACH (Positive Employment and Community Health) program which links welfare benefits to job training efforts. They say the new legislation builds on welfare reform measures passed last year and is designed to give work experience to welfare clients. The ultimate goal is to provide recipients with self-sufficiency, dignity and pride.
The bill also calls for a study of ways to develop incentives for private employers to provide work experience to welfare recipients. Introduced by Senators Mark Taylor, Robert Brown and Guy Middleton, SB 464 passed 55-0.
Assisted Suicide
After nearly an hour of debate, the Senate voted to pass legislation which would make assisted suicide a felony, punishable by 1-5 years in prison. Georgia currently has no law that specifically prohibits assisted suicide. The issue has moved to the forefront of public debate as a result of the actions of Jack Kervorkian, Michigan's so-called "suicide doctor."
The Senate committee substitute to HB 415 targets anyone who ttintentionally and actively assists another person in the commission of suicideIn or who provides drugs or instruments for that purpose. The measure exempts doctors who properly administer
drugs for pain, which hasten or increase the risk of death --
provided that the drugs were not intentionally given to cause death. It also exempts doctors and other health care workers who withdraw treatment in compliance with a living will or similar orders.
The legislation was perfected by the Senate Special Judiciary Committee following a lengthy public hearing. If the bill becomes law, Georgia will join 31 states that have assisted suicide laws on the books.
Handled by Senator Arthur (Skin) Edge, HB 415 passed the Senate 42-8. It now returns to the House for approval of changes made by the Senate.
Family Violence
The Senate gave the go-ahead to a package of family violence bills proposed by Lt. Governor Howard and the Family Violence Commission.
One measure would change the way in which people accused in connection with incidents of family violence post bond. Under current law, many misdemeanor criminal acts are covered by a predetermined schedule of bonds that are granted routinely. Under SB 466, a person charged in a domestic violence case would be able to request the set bond, but the court officer would have to consider whether to impose additional restrictions over and above the routine bail. The measure passed 52-0.
A second bill would give courts the authority to permit the conversion of a temporary restraining order in a domestic violence case into a permanent order. SB 465 passed 51-0.
The third measure would change the timetable for holding a hearing in family violence cases. Currently, the hearing must be held within 10 days. SB 467 would require the hearing as soon as possible but not longer than 30 days after the request. This measure passed 32-20.
All three bills were sponsored by Senators Mary Margaret Oliver, Steve Thompson and David Scott.

School Disci~line
A bill to change school discipline procedures and involve parents in the early stages of resolving disciplinary problems won Senate approval.
SB 395 would require that a student's parents or guardian be notified whenever the student is identified as a chronic disciplinary problem. The parents or guardians would be invited to come to the school, observe the student in class, and then attend a conference with school officials to help develop a disciplinary and behavioral plan of action.
In the event a child has been suspended or expelled, the parents or guardians would be required to return to the school along with their child to develop a disciplinary plan, after the fact.
Sponsors say parents must take their share of the responsibility for school discipline problems and that the legislation is aimed at bringing parents into a situation before their child is put out of school. They say suspension and expulsion contribute to crime problems and the high drop-out rate.
Sponsored by Senators David Scott, Pete Robinson and Chuck Clay, SB 395 passed 51-0.
Child Protection
Additional child protection legislation cleared the Senate this week. SB 442 would clarify procedures used in background investigations on people hired to work with children.
Under the legislation, criminal background checks would be required before a person is hired to work in day care centers or child placement agencies. Preliminary fingerprint checks would not be required, however, because of the time needed to complete the checks. The fingerprint inquiries could be conducted after a person is hired. Sponsored by Senators Mary Margaret Oliver and Nadine Thomas, the bill passed 53-0.
Lottery - Shortfall Reserve
Georgia's lottery is unquestionably a financial success, having generated revenues of $583 million between July, 1993 and January, 1994. Senators want to ensure, however, that programs funded by the lottery will be able to continue in the event of a dip in revenues.
SB 452 would require that 10 percent of the previous yearfs lottery revenues be placed in a shortfall reserve fund. The bill would put into law what is already being done in practice. Sponsored by Senator Paul Broun, the bill passed 53-0.
Revenue Structure Commission
The joint Senate-House Study Commission on Revenue Structure received a new lease on life. The panel was originally created two years ago to examine Georgia's tax and revenue system and to make recommendations on ways to update it. With its continuation, the commission is expected to make recommendations on possible changes in Georgia's tax laws to the 1995 General Assembly. Handled by Senator Terrell Starr, House Resolution 662 passed 48-0.
Homestead Exemptions/Tax Amnesty
The Senate had good news for taxpayers this week with the passage of measures dealing with tax amnesty and new homestead exemptions.

SB 394 would provide a homestead exemption for homeowners age 62 or older whose gross income is less than $30,000 per year. The effect of the measure is to cap the dollar amount of ad valorem property taxes for general county government at the level it was when the homeowner first qualified for an exemption. The bill calls for a statewide vote on the exemption on the November, '94 ballot.

Supporters say it is designed to provide relief to older homeowners from excessive property tax reassessments. Sponsored by Senators Johnny Isakson, Chuck Clay and Arthur (Skin) Edge, SB 394 passed 53-0.

A second tax-related measure would provide a local-option tax

amnesty program to give delinquent taxpayers a chance to pay their

back taxes to county officials without a penalty.

Similar

legislation passed the Senate last year but was vetoed by Gov.

Miller because of a House amendment which threatened the state tax

amnesty program. Sponsored by Senators Terrell Starr and Pete

Robinson, SB 506 passed 48-1.

Coroners

The Senate passed, and sent to the House, legislation which would expand the authority of county coroners and their deputies to pronounce a person dead when a medical doctor or registered nurse is unavailable to do so. Under current law, only a doctor or nurse has this authority, but sponsors say this restriction works a hardship on small, rural counties. Introduced by Senators Wilbur Baugh and Rene Kemp, SB 446 passed 49-2.

Lottery Revenues for Education

The Senate gave its approval to a bill intended to guarantee that lottery revenues are used for special education enhancement programs and not in place of regular education funding. SB 100 by Senator Paul Broun would set a minimum education funding level to ensure by law that lottery proceeds are not used to supplant general revenues for education. The measure passed 49-0.

Minors and Crime

It may come as a surprise, but it is not currently a felony for an adult to encourage or solicit a minor to commit a crime. SB 556 would change that, however. The measure, sponsored by Senators Steve LangforU, Rcne K e m p and Eddie Madden passed 48-0.

Committee Action

It was an extremely busy week in

committee.

A number of

important measures came before

Senate committees either for

hearings or for consideration

and recommendations. Among the

issues appearing in committee
this week -- competition for

telephone service, "silent

reflectionl1 in the classroom,

price-gouging, and drunk

driving.

Silent Reflection

A subcommittee of the Senate Education Committee held a public hearing on SB 396 by Senator David Scott which called for a moment of silent meditation at the beginning of each school day. The issue sparked considerable discussion, but following the hearing, the full Education panel recommended passage of legislation which would mandate schools to provide a moment of "silent reflection."

The bill's chief sponsor says it is intended to "enable students to reflect and begin each day with a sense of purpose and order for the day's activities." SB 396 is sponsored by Senators David Scott, Walter Ray and Chuck Clay.
Olympic Hotel Rates
The Senate Economic Development, Tourism and Cultural Affairs Committee gave the go-aheadto legislation which would outlaw price gouging by hotels and motels during the 1996 Olympics. House Bill 1357 would make it illegal for hotels and motels to charge excessive rates and would link room rates during the Olympics to a base year rate adjusted by the Consumer Price Index.
Telephone Service
The Finance and public Utilities Committee held a public hearing this week on legislation which would clear the way for competition in local telephone service and freeze some rates for three years. SB 566 is sponsored by Senators Sonny Perdue and TerrePl Starr.
Open Containers
The Senate Judiciary Committee recommended passage of legislation to strengthen the state's open container law. SB 549 would make a driver responsible for passengers carrying open containers of alcohol in violation of the law. The bill is sponsored by Senators Jane Hemmer, Chuck Clay and Eddie Madden.
Automatic Weapons
The Judiciary panel also gave a do-pass recommendation to legislation that would outlaw the so-called "hellfire switch,t1an electrical device that allows semi-automatic weapons to be easily converted into fully automatic weapons. SB 474 by Senators Ed Harbison, Pete Robinson and David Scott was scheduled for a floor vote on Thursday.
Contests and Promotions
A bill to require the sponsors and promoters of contests and giveaways to be bonded got a thumbs-up from the Senate Consumer Affairs Committee. SB 540 by Senator Robert Brown would also require contest promoters to send contestants written documentation outlining all the details of the contest they have entered.

the
Hopper

Senators continue to introduce bills and resolutions on a wide range of critical issues. This week saw the introduction of measures dealing with the Lottery, environmental protection, and immunity for husbands and wives called to testify against a spouse.

Among the legislation introduced this week are measures which would:
Allow lawmakers to more closely monitor and control lottery revenues and their appropriation. One measure would require the Office of Planning and Budget to include, in its budget report to the General Assembly, a list of the requests for appropriations from the Lottery for ducati ion account.

A second bill would require a monthly reporting of lottery revenues and expenditures instead of quarterly reports. The third measure would mandate a five-year forecast of lottery revenues and expenditures to allow better planning. (SB 593, 594 and 595 are
. sponsored by Senators George Hooks, Pete Robinson, Charles Walker
and Walter Ray)
Strengthen Georgiafs Erosion and sedimentation Act to limit exemptions and strengthen local enforcement authority (SB 608 by Senators Jane Hemmer, Pete Robinson and Steve Henson).
Require the General Assembly to notify cities and county officials of the introduction of local legislation that would
. affect them (SB 607 by Senators Jane Hemmer, Steve Henson and Pete
Robinson)
Revise the law that gives a person immunity from being compelled to testify against his or her spouse to require testimony if it involves a crime committed before the marriage (SB 609 by Senators Bob Guhl, Ed Cochenour and Perry McGuire).

Around Capitol
Hill

Visitors who came to the Capitol this week to see their lawmakers
at work would have seen that --
and much, much more outside of the Chambers and committee rooms. A number of events broughtfirefighters, educators, National Guard members and others to the Capitol for several events.

Firefiahters
Hundreds of firefighters from across Georgia converged on the State Capitol to celebrate the annual Firefighters Recognition Day. Highlighting the day's activities was a ceremony honoring firefighters who died in the line of duty.

Over 600 parents, teachers, and students gathered at the Capitol this week in connection with Georgia Parent Teacher Association activities. The Parent Teacher Association members met with Senators and House members to discuss education legislation and sponsored a luncheon to give lawmakers the opportunity to learn more about the education issues from the PTAfs perspective.
PEACH
Over 100 clients and caseworkers of the Positive Employment and Community Health Program (PEACH) attended a conference held under the Gold Dome. People active in the PEACH program briefed Lieutenant Governor Pierre Howard, who was instrumental in establishing PEACH several years ago. They also heard personal accounts by clients and caseworkers who gave details of PEACH success stories.
Homeless
Members of the Senate recently saw the Atlanta area's homeless problem close-up. Senators joined in to provide the manpower needed to set up and serve dinner for homeless men at the nieghboring Central Presbyterian Church. The shelter currently provides hot INsitdownN1dinners, take-out breakfasts and lunches, as well as showers, a health clinic, and employment assistance.

National Guard
The National Guard Association of Georgia held an exhibit in the North Wing of the State Capitol this week. The exhibit featured a brief history of the Georgia Guard as well as a display of military equipment including a tank parked on Washington Street.
Condolences and Best Wishes
Condolences to Senator Chuck Clay on the death of his father, General Lucius Clay. Best wishes for a speedy and full recovery to Senator Arthur Langford who is hospitalized at Crawford Long Hospital in Atlanta.

This yearfs budget will include over $3.5 billion for Georgiafs public schools including money for improved security, alternative schools and techhnological advancement. Yet, some critics argue that money will not solve high dropout rates, low test scores and the other vexing problems that confront the public schools.

Senate Education Committee Chairman Jack Hill recently discussed his observations regarding the state of Georgia's education system.

Hill said Georgia's schools are on the right track and revenues from the state lottery are helping to fund many important programs. One such program is the alternative school project that is designed to "give problem students and unruly students an option other than suspension.It

. Concerning the dropout rate, Hill observed that, "many
students come to school and are not prepared to succeed. .Thus the pre-school kindergarten program funded by the lottery is the right program at the right time." Hill added that "students can now aspire to attend college because the lottery enables us to tell students that if they maintain a B average, part of their tuition will be paid.

Hill underscored the importance of bringing new technology into the classroom and cited the distance-learning satellite system, now in its early stages, which will link schools throughout the state, as an example of needed innovation.

I1Technologyallows students to expand their academic horizons and opens up endless opportunities and possibilities for specialized educationittsaid Hill.

"We can't measure the success of some of these programs immediately, but I honestly cannot think of any educational issue that we are not addressing," Hill concluded.

Georgia Senate
Bios
Brief

State Senator Nadine Thomas of metro Atlanta's 10th District has only been in politics for a short time; however, she has clearly made her mark and successfully shown her leadership abilities. Thomas made history in 1992 as the first African-American woman ever to serve in the Georgia State Senate.

When named to chair the Senate Interstate Cooperation Committee that same year, she joined two colleagues in becoming the first women to lead standing Senate committees in over 40 years. Sen. Thomas is vice-chair of the Health and Human Services Committee and serves on the Education, Retirement, Reapportionment, and Corrections Committees. She is also a member of the influential Senate Democratic Caucus Policy Committee and has chaired or served on a number of legislative study panels.
A registered nurse, Thomas has been especially active in the area of health care issues. She represents ~eorgiaon the Human Resources Committee of the Southern ~egislativeConference and the Health committee of the National Conference of State ~egislatures. She also serves on the Board of Directors of the Foundation for Medically Fragile Children.
Before her election to the Senate, Thomas served in the Georgia House of Representatives from 1990-1992 where she was voted ltFreshmanLegislator of the Year" by the Black Caucus for her outstanding legislative efforts.
Thomas received a nursing degree from Edison Community College and later studied psychology at ~eorgiaState University. She is the mother of three daughters: Doris and Dorothy Silas and Nadia Thomas.

Locations