Weekly wrap-up 1994 February 18

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

#7256

February 18, 1994

HIGHLIGHTS OF MAJOR SENATE ACTION For the Week of February 14, 1994 (Week #5)

The Senate shifted into high gear this week as the second half of the 1994 General Assembly began. The pace of activity has quickened in the committees and on the Senate floor. The Rules Committee is now setting the Senate calendar in an effort to effectively control the heavy flow of bills and resolutions.
The fifth week in the Senate was undoubtedly highlighted by the passage of legislation by Senators David Scott, Walter Ray and Chuck Clay to require a moment of silent reflection in public school classrooms each week. The bill does not mandate prayer and sponsors say it was drafted to meet the Constitutional tests identified by the U.S. Supreme Court in a 1968 case.
Child protection was on the Senate agenda this week as a package of three bills, recommended by the Senate Study Committee on Children at Risk and sponsored by Senators Steve Thompson, Eddie Madden, Richard Marable and Mary Margaret Oliver, cleared the Senate. One of the measures would create Child Abuse Protocol Committees in each of the state's judicial circuits to standardize the investigation of child abuse cases. Counties which refused to comply would face the loss of discretionary state grants. A second measure would beef up the training of police officers in the areas of child abuse and family violence.
The Senate gave the green light to a measure, handled by Senator Paul Broun, which would outlaw price gouging by hotels and motels during the 1996 Olympics. The measure would link hotel and motel rates to a base year rate adjusted by the Consumer Price Index.
Legislation by Senators Ed Gochenour, Don Balfour and Pam Glanton which would clear the way for tenant management of public housing projects won Senate approval. The measure would require housing authorities to contract with qualified tenant management organization to operate or manage housing projects.
The war on drunk driving continued with the Senate's passage of a bill to expand Georgia's "Open Containerfflaw. The measure, sponsored by Senators Jane Hemmer, Chuck Clay and Eddie Madden, would make a driver responsible for any open containers of alcohol found in his or her car.
Senators took aim at juvenile crime with the passage of bill by Senators Rene Kemp, Ed Boshears and Jack Hill, which would stop the routine release from custody of juveniles charged in violent crimes such as murder, rape and armed robbery.
The Senate also passed a bill to expand lobbyist disclosure laws to cover local government officials.

the Floor

LOOKING BACK. . .Last Friday
the Senate passed SB 554 by Senators Sallie Newbill, Arthur (Skin) Edge and Steve Henson which would prohibit school administrators from firing or suspending a teacher who refused to alter a studentIs grade. The Senate approved SR 473 by Senators Arthur (Skin) Edge and 1 Clint Day which would delay implementation of a centralized auto emissions testing program until a federal lawsuit is resolved.

Senators also gave the green light to SB 565 by Senators Ron Slotin, Charles Walker and Nadine Thomas to include home health care and home infusion services under Georgia's Patient SelfReferral Act.

Silent Meditation

A bill that has become the subject of considerable interest and discussion won Senate approval this week. SB 396 would require public schools to provide a moment of silent reflection at the beginning of each day.

The measure does not mandate prayer. In explaining the bill to the Senate, its chief sponsor outlined the legal considerations under which it was drafted, including a 1968 case considered by the U.S. Supreme Court. In Lemon v. Kurtzman, the Court ruled that three tests must be applied to legislation of this kind: it must have a secular purpose; its primary effect must neither advance nor inhibit religion; it must not foster an excessive governmental entanglement with religion.

Supporters of the legislation say it is also designed to clearly demonstrate what can and cannot be done in these types of efforts. Sponsors say the legislation comes in response to the rash of violence involving juveniles and a concern that young people lack guidance, discipline and the reinforcement of values that they need. They say the bill is targeted at the fundamental causes of anti-social behavior.

Introduced by Senators David Scott, Walter Ray and Chuck Clay, SB 396 passed 51-2.

Child Protection

The Senate continued to pass significant child protection legislation. This week's action was aimed, in large part, at strengthening the investigation and prosecution of child abuse.

SB 492 would create Child Abuse Protocol Committees in each of the state's judicial circuits in an effort to standardize the investigation of child abuse cases. Counties which refused to adopt the standardized procedures would face the loss of discretionary state grants. State authorities would also publicize, through legal ads in local newspapers, a county's failure to comply. SB 492, sponsored by Senators Steve Thompson, Eddie Madden and Richard Marable, passed 55-0.

The second measure would beef up law enforcement training in the area of child abuse and family violence by requiring that police receive at least eight hours of training in the investigation of crimes against children and domestic violence cases. This training would apply to police recruits and to the executive training requirements for police chiefs.

SB 494, sponsored by Senators Steve Thompson, Richard Marable and Mary Margaret Oliver, passed 53-0.
The final bill in the package, SB 493, makes some changes in the matching formula for grants made by the state Children's Trust Fund. The changes are designed to encourage local governments to match more than 50 percent of the grant amount. It would also shift the authority to determine the criteria for grant awards from the Department of Human Resources to the Trust Fund, itself. SB 493, which passed 54-0, was also sponsored by Senators Thompson, Oliver and Marable.
Familv Attention Homes
The Senate passed a bill which would provide for new requirements before juveniles could be placed in private family attention homes. SB 548 would require that a risk assessment be conducted before a placement is made and that a plan of care be devised by the Department of Children and Youth Services for the youths who are assigned to these homes. The plan would include monitoring and supervision requirements.
The bill stemmed from an incident last year in which three teenagers, housed in a north Georgia family attention home, robbed a convenience store and murdered the clerk. Family attention homes are used to house juveniles who are awaiting a hearing in the Juvenile Court or who have been temporarily removed from their homes. SB 548 by Senators Jane Hemmer, Jack Hill and Richard Marable passed 52-0.
Child Support
The Senate also passed legislation which would provide for a hearing to contest an order to deduct delinquent child support payments from a person's income. Senate Bill 555 was sponsored by Senators Steve Farrow, Mary Margaret Oliver and Pete Robinson and passed 48-0.
Ethics
Current lobbyist disclosure laws would be expanded to cover local government officials under a measure which cleared the Senate without a dissenting vote. A law passed two years ago requires lobbyists to disclose what is spent to influence state elected officials. HB 1298 would extend the reporting requirements to expenditures made on behalf of city and county officials in connection with local issues. Handled by Senator Pete Robinson, HB 1298 passed 51-0.
Price Gousins Outlawed
Legislation to outlaw price gouging by hotels and motels during the 1996 Olympics won Senate approval. The bills would make it illegal for hotels and motels to charge excessive rates during the games and would link the rates to a base year rate adjusted by the Consumer Price Index. The measure would apply to Atlanta area hotels and motels not covered by a special "host hotel1@agreement as well as inns elsewhere in the state. Handled by Senator Paul Broun, HB 1357 passed 37-10.
Contest Fraud
Consumer protection legislation aimed at fraudulent contests won Senate passage. SB 540 would require that sponsors and promoters of contests and give-aways be bonded. The bond would have to be twice the amount of the advertised award. The legislation would not affect contests sponsored by non-profit organizations. Sponsored by Senator Robert Brown, the bill passed 42-0.

ID Cards
Legislation to create a uniform system of regulation for distributors and producers of personal identification cards cleared the Senate. Sponsors point out that false identification is too easy to obtain and that it is often used for criminal purposes including the purchase of alcohol by minors. SB 541, sponsored by Senators Robert Brown, Pete Robinson and Walter Ray, passed 43-0.
Ase of ConsentIStatuatorv Rawe
A bill to raise the age of consent from 14 to 16 in cases involving statuatory rape, child molestation and enticing a child for indecent purposes ran into difficulty. In addition to raising the age of consent, the measure would have also required that a perpetrator be at least three years older than his or her victim in order to be prosecuted. A floor amendment which would have removed the three-year age differential sparked considerable debate, however, and the bill was recommitted to the Special Judiciary Committee. The measure was sponsored by Senators Steve Langford, Rene Kemp and Eddie Madden.
Juvenile Crime
Senators took aim at the worsening juvenile crime problem with the passage of a bill making it more difficult for a juvenile charged in a violent crime to be released from custody.
Under SB 535, only a Juvenile Court judge or a Superior Court judge would have the authority to release a juvenile accused of murder, rape, armed robbery, sodomy or carjacking. This reflects a major change in the current law which, in some cases, allows the immediate release of juveniles under the age of 18 following their arrest.
Sponsored by Senators Rene Kemp, Ed Boshears and Jack Hill, SB 535 passed 48-0.
Housinq Authorities
Legislation to clear to way for mandatory tenant management of public housing projects has won Senate approval. The measure would require housing authorities to contract with qualified tenant management organizations to operate or manage housing projects.
Depending on the circumstances, the tenant organizations could contract with the housing authority to perform various task ranging from maintenance to total management of the facilities. Sponsored by Senators Ed Gochenour, Don Balfour and Pam Glanton, SB 299 passed 43-8.
Driver's Licenses
There was some good news for young drivers this week with the passage of a bill that could save them a little time and money. Driver's licenses are routinely issued for four years, but SB 507 would make driver's permits issued to people under the age of 21 valid until they reach that age.
The reason is that most young motorists must renew their fouryear licenses at age 20 and the new permit still carries a prominently displayed warning that the holder is "Under 21." When they turn 21, however, most people want to discard what they consider to be an embarrassing ID and, thus, have to apply for a new one. SB 507 would resolve that problem. Sponsored by Senators Richard Marable, Walter Ray and Sonny Perdue, the bill passed 55-0.

DUI - Open Containers
Additional DUI legislation cleared the Senate this week with the passage of SB 549 which would expand the staters l8Open Containerm law. The measure would hold a driver responsible for any open containers of alcohol found in his or her car. It would also allow police to demand that the driver submit to a blood alcohol test if other traffic charges are lodged. Sponsored by Senators Jane Hemmer, Chuck Clay and Eddie Madden, the bill passed
53-0.
Petroleum Piwelines
The Senate said yes to legislation which could change the ability of petroleum companies to acquire land through the use of eminent domain to condemn the property. Under current law, petroleum companies have the authority to take private property for their use without any government regulation or control.
Senate Bill 626 would suspend this authority until March of 1995, during which time the issue would be studied by a legislative committee. The committee would also consider the impact of pipeline construction including possible environmental problems. SB 626, by Senators Pete Robinson, Walter Ray and Hugh Gillis, passed 52-0.
Tattoos
It could soon be a little harder for a teenager to get a tattoo. The,Senate said yes to SB 517, which would raise the age of consent for being tattooed from 16 to 18.
Sponsors note that tattooing -- if not done properly -- can be
a breeding ground for infectious diseases including Hepatitus and HIV. They say the age needs to raised to help ensure that a person who wants a tattoo is mature enough to make a responsible decision. Sponsored by Senators Nadine Thomas, Harold Ragan and Jane Hemmer, SB 571 passed 48-0.
Lottery
Several lottery-related bills passed the Senate this week. One measure would clarify the Department of Revenue's authority to withhold state income taxes from lottery prizes. Handled by Senator Tom Coleman, HB 1369 passed 47-0.
Another measure would clear up the law dealing with Georgia income tax due on lottery prizes won by out-of-state residents. HB 1368, handled by Senator Terrell Starr, passed 51-0.

Committee Action

Legislation moved quickly through committees this week and many of the bills and resolutions that received "dopass" recommendations from the standing committee early in the week began to appear on the Senate calendar by Thursday. Among the legislation considered by committees are bills on topics ranging from smoke detectors to animal sterilization.

Smoke Detectors

The Senate Youth, Aging and Human Ecology Committee gave the green light to a measure to require smoke detectors in every new house built in the state.

The legislation would affect not only apartments and condominiums, but single-family structures as well. The bill is aimed at stemming the increase in fire deaths. SB 530 is sponsored by Senators Richard Marable, Nathan Dean and Steve Henson.
Fundraisins and Solicitations
The Senate Consumer ~ f f a i r sCommittee recommended passage of several consumer protection measures this week. Senate Bill 582, by Senators Tom Coleman, Jack Hill and Steve Thompson, would require solicitors to provide certain information to consumers when attempting to raise funds.
The second measure, SB 567, by Senators Terrell Starr and Pete Robinson, would strengthen the authority of the Secretary of State to regulate telemarketing.
SB 611, by Senator Steve Henson, would require law enforcement organizations that are soliciting funds to file an annual report on their solicitation efforts.
Animals
The Senate Agriculture Committee gave a do-pass recommendation to HB 1181 which would require that all dogs and cats adopted out by public animal shelters be sterilized.

Around Capitol
Hill

As in previous weeks, nearly as much activity occured off the Senate floor as on it. A number of breakfasts were held before the beginning of the legislative days to give lawmakers an opportunity to meet with various groups to discuss issues of concern. Senators also hosted leadership groups from north and south Georgia and took time out to greet former colleagues.

Conaressmen Bishor, & Collins Address. Senate
Congressman Sanford Bishop of Columbus returned to familiar turf this week when he addressed members of the state Senate and briefed them on the activities of Georgia's Congressional delegation. Cong. Bishop, who served in the Georgia Senate several years ago, has received high marks from Georgia farmers for his
. fight to protect their interests in the North American Free Trade
Agreement (NAFTA)
Senators also heard from Congressman Mac Collins who, like Bishop, is a former Senator. Collins commented on the dramatic turnover in the Senate membership since he left the office in 1992.
Eaas & Issues
A number of organizations held breakfast meetings this week to discuss legislative issues with lawmakers.
The Georgia Children's Agenda breakfast gave advocates of child and family issues an opportunity to present a list of eight legislative priorities to members of the General Assembly. Over 70 organizations took part in the event.
The Younger Lawyers Section of the Georgia Bar Association also hosted a breakfast. Lt. Governor Howard was the guest speaker and addressed members on legislation pertaining to pay raises for judges.

A breakfast hosted by the Police Benevolent Association, meanwhile, was held to express appreciation to members of the General Assembly for their efforts in fighting crime and protecting the citizens of Georgia.

Leadership Groups

Members of Leadership Lowndes County visited the Gold Dome recently. After observing the Senate and House at work, they attended a luncheon with Senator Loyce Turner and Rep. Tim Golden. The group also met with Gov. Miller and Lt. Governor Howard.

Leadership Hall County members also visited the State Capitol this week where they met with members of their local legislative delegation. They discussed legislative issues with the Governor and Lt. Governor; State School Superintendent Werner Rogers; Abit Massey, Executive Director of the Georgia Poultry Federation; Natural Resources Commissioner Joe Tanner; and Randy Cardoza, Commissioner of the Department of Industry, Trade, and Tourism.
Sen. Starr - Condolences

Condolences to Senator Terrell Starr on the death of his brother, Raymond. Many Senators and staff recall Mr. Starr for his years of service as a Senate doorkeeper.

Sixty Second Interview

Sen. Richard Marable predicts that the second half of the 1994 General Assembly "will continue to be as tough as the first half." In a recent interview, Marable noted that legislative sessions seem to become tougher and more challenging each year. I proud of the fact that legislators are accepting more and more responsibility and are confronting issues head-on rather than avoiding them."

Marable said the Senate has accomplished a lot at this point
in the session and observed, I1Ithink legislation has begun to get , on track and make a difference in the lives of most Georgians."

One such measure is Senate Bill 530, sponsored by Marable, which would require smoke detectors in all new Georgia homes. Marable pointed out that the number of fire-related deaths has increased drastically. He said research on the incidents revealed that the majority of deaths were due to smoke inhalation and that most of them occured in homes where there were no smoke detectors.

Marable said his legislation is similar to the state's seat belt law and is designed to make it ttcostprohibitiveM for a person to be caught without a smoke detector in the home.
"My goal with this bill is simple -- to encourage people to
have smoke detectors in their homes and, therefore, save lives, said Marable.

Although a newcomer to the Georgia State Senate, Bob Guhl
is no stranger to politics. is
political activity dates back four decades to his chairmanship of the Brookfield Planning Commission in his home state of Illinois. He served as a member of the Dekalb County Commission from 1969-1972 and was Chairman of the Commission from 1973-76.

During that time he presided over a period in which DeKalb saw some of its most spectacular growth.
~ u h lis now one of the Senate's newest members, having won a
special election in the Spring of 1993 to fill the unexpired term
of Harrill Dawkins. Guhl serves on the Finance and Public Utilities Committee and the Public Safety Committee. He is also a member of the corrections and Agriculture Committees.
Active in community affairs, Guhl is a member of the American ~ssociation of Retired Persons (AARP), the Georgia Cattleman's Association, the Social Circle Civic Association, and the Historical Preservation Society of Social Circle. The father of seven children, Guhl lives with his wife, Shirley, on a farm near Social Circle where they raise Charolais cattle.
The 45th District includes Walton County and portions of Barrow, Newton, and Rockdale Counties.