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

#7269

February 25, 1994

HIGHLIGHTS OF MAJOR SENATE ACTION For the Week of February 21, 1994 (Week #6)

The momentum in the Senate picked up even more this week as the 1994 General Assembly continued to move rapidly to a conclusion. When lawmakers head for home on Friday, only 10 days
- will remain in a session that has, so far, been highlighted in the
Senate by legislation dealing with violent crime including crimes committed by juveniles, drunk driving, child protection and welfare reform.

Much of this legislation, however, has yet to be passed by the House so it's clear that the next 10 legislative days will be hectic as the Senate and House work toward agreement on these critical issues.

Action in the Senate this week was highlighted by passage of a bill by Senators Mike Crotts and Steve Langford to designate English as the state's official language. Supporters say the legislation is not intended to be discriminatory but to prevent governments from having to publish documents in multiple languages. The bill would outlaw discrimination based on language and provide remedies for people who believe they were the victims of discrimination.

The Senate gave the green light to legislation which would allow juvenile court judges to establish community based risk reduction programs. The programs would bring together the
resources of various agencies to develop case plans for children who have come through the juvenile court as well as children who haven't run into trouble but are identified as being "at-risk." The legislation was sponsored by Senators Steve Langford, Rene Kemp and Steve Thompson.

A package of lottery reform measures proposed by Lieutenant Governor Pierre Howard won Senate approval. The package includes legislation to require five-year projections on estimated lottery revenues and expenditures in an effort to allow for better budget planning. The bills were sponsored by Senators George Hooks, Pete Robinson, Charles Walker and Walter Ray.

Senators approved budget reform legislation which would earmark the first one-percent of surplus revenues to education. The bill, sponsored by Senators Johnny Isakson, Arthur (Skin) Edge and Perry McGuire, puts into law what has been done in practice over the years.

Legislation to ensure that lottery revenues are used for education enhancement programs and not to replace general revenues for education cleared the Senate. The measure, by Senator Paul Broun, would require that at least 50 percent of the state's budget be appropriated for education.

House and Senate conferees, including Senators David Scott,

Pete Robinson and Johnny Isakson, began work Thursday morning to

forge a compromise on Senate Bill 12, which would provide for

instant background checks for gun buyers. No progress was made and

the conferees are scheduled to meet again next week.

#

i

f

#

the Floor

. LOOKING BACK. . Last Friday,
the Senate approved SB 553 by Senators Richard Marable, Nathan Dean and Steve Henson to require that every new home built in Georgia be equipped with a smoke detector. The Senate passed a bill to make it a crime, punishable by a fine of up to $2,000 to *#tip-offNa nursing home or other health care facility of a pending inspection.

SB 563 was sponsored by Senators Johnny Isakson and Richard Marable. The Senate also gave its OK to SB 647 by Senators Jack Hill, Harold Ragan and Mark Taylor, which would provide special grants to schools systems affected by an influx of the children of migrant farm workers.
Enqlish - Official Lanquaae

After nearly an hour of debate, the Senate approved a bill to designate English as the state's official language. Critics of the measure warned that it would send a negative message. It's sponsor emphasized, however, that it is not intended to be discriminatory, but to prevent governments from having to publish documents in multiple languages.

The legislation would specifically outlaw discrimination based on language and would provide remedies for people who believe they were the victims of discrimination. Sponsors noted that Florida and California, which have the nation's largest Hispanic populations, have both adopted English as the official language. Introduced by Senators Mike Crotts and Steve Langford, SB 127 passed 46-8.

Communitv Based Risk Reduction

After considerable discussion, the Senate gave the green light to SB 560 which would establish community based risk reduction programs around the state.

The legislation would allow a juvenile court judge to

establish a community based risk reduction plan within his

-- jurisdiction. Representatives of various organizations and
agencies involved with children such as the Department of Family

and Children services, and

sScehrovoilceosf,fictihaelsDe--pawrotumledntpaorfticCihpialtder.en

and

Youth

Part of the plan is aimed at children who have come through the juvenile court and have been found guilty of a crime or delinquent act. The juvenile court judge would be authorized to ask the risk reduction panel to develop a case plan for the juvenile as an alternative to incarceration.

Sponsors say the rttentbers of the task force, with their various backgrounds and expertise, would be able to develop a strategy best suited to an individual child. Members of the team would also have the authority to share relevant information on the child's case history that would otherwise be confidential.

The second element of legislation is aimed at children who have not yet run afoul of the law, but who are apparently @@atrisk," It would allow a school counselor or DFACS worker, for example, to request that a youngster be placed into the risk reduction program as a preventative move. A case plan would be developed with the participation of the parents.

Critics said the legislation failed to adequately define "atriskt*children and warned that federal standards could be applied to the Georgia law. They urged that the program be aimed strictly at children who have been adjudicated by the court as delinquent or deprived. Sponsors contended, however, that participation is voluntary. They added that the legislation is designed to bring together existing resources to address the problem of "at-riskn children and to allow early intervention in an effort to avert more serious problems down the road.
Sponsored by Senators Steve Langford, Rene Kemp and Steve Thompson, SB 560 passed 49-6.
Lotterv
Several pieces of legislation to strengthen the accountability of lottery revenues won Senate approval. Under current law, reports on the deposit and disbursement of lottery proceeds must be filed with legislative leaders on a quarterly basis. Senate Bill 594 would require that the reports, instead, be submitted monthly. The measure passed 48-0.
SB 593, meanwhile, would require the Office of Planning and Budget to prepare a list of requests for appropriations from the Lottery for Education account, along with the Governor's recommendations on those requests. The measure passed 47-0. The third measure, SB 595, would require the Office of Planning and Budget to prepare, as a part of the budget document, a detailed five-year estimate of lottery revenues and expenditures. The bill passed 49-0.
All three measures were proposed by Lieutenant Governor Pierre Howard and were sponsored by Senators George Hooks, Pete Robinson, Charles Walker and Walter Ray,
Education Fundinq
The Senate moved to ensure that lottery revenues are used to fund education enhancement programs and not to replace general revenues with the passage of SR 413. The measure would require that at least 50 percent of the state's budget be appropriated for education.
Georgia's state budgets traditionally allocate more than 50 percent for education, but sponsors of the legislation say it is necessary to put the practice into law to ensure that it continues.
SR 413, sponsored by Senator Paul Broun passed unanimously. The measure is a constitutional amendment which would require voter approval in November, An enabling bill passed the Senate last week.
Budset Reform
A major piece of budget reform legislation won Senate approval this week. SB 561 would ensure that surplus revenues are appropriated for education under the state's annual supplemental budget. The legislation would earmark the first one-percent of the surplus to education, putting into law what has been done in practice over the years. A portion of the remaining funds would
-- continue to be set aside for the shortfall reserve the so-called
-- "rainy dayw fund with the remainder available for other state
programs.
The bill would also require a specific accounting of the shortfall reserve in the budget document, Sponsored by Senators Johnny Xsakson, Arthur (skin) Edge and Perry McGuire, SB 561 passed unanimously.

Sex Offenders
A bill to allow authorities to more effectively monitor convicted sex offenders cleared the Senate. The measure would require sex offenders to register with the sheriff within 60 days of moving into the county or within 30 days after their conviction,
-- Anyone convicted of a "predatoryw sex crime such as rape,
-- aggravated sodomy or child molestation would be affected by the
bill. Introduced by Senators Ed Boshears and Rene Kemp, SB 399 passed 48-0.
Fund Solicitation
The Senate moved to crack down on fraudulent solicitations with the passage of SB 582. The bill would require people soliciting money by telephone to provide any information that is requested by the consumer who is being solicited. Sponsored by Senators Tom Coleman, Jack Hill and Steve Thompson, the measure passed 50-0.
A related bill targets law enforcement organizations which have come under scrutiny recently for their fund-raising efforts. SB 611 would require law enforcement agencies involved in solicitations to register with the Secretary of State's Office and file reports on their solicitations. Sponsored by Senator Steve Henson, SB 611 passed 52-0.
Juvenile Records
A dill to permit superior Court judges to study the juvenile court records of an adult who has been convicted of a crime cleared the Senate. Currently, the Superior Court does not have access to these records.
Sponsors say it would provide the judge with valuable information to help determine the appropriate sentences. Introduced by Senators Steve Langford, Rene Kemp and Steve Thompson, SB 559 passed 50-0.
Unrulv Children
Senators voted to expand the legal definition of an "unruly childs1 to include an "unruly child on school grounds." The legislation targets children who have disobeyed a clear command given by a teacher and endangered other children.
Backers say the measure is intended to give school administrators more authority to deal with discipline problems. They say it will also give authorities a way to deal with these unruly children without placing them in youth detention centers or other facilities. Sponsored by Senators Steve Langford, Rene Kemp and Eddie Madden, the bill passed 53-0.
Second Air~ort
Senators took a stand on the controversial recommendation by the Department of Transportation (DOT) to locate the Atlanta area's second airport in Gwinnett County. The Senate passed SR 499 which urges DOT to withdraw the plan because of its adverse effect on the county. Sponsored by Senators Don Balfour, Clint Day and Jim Tysinger, SR 499 passed 48-1.
Boatins Safetv
A bill to strengthen Georgia's boating safety laws won tentative Senate approval on Wednesday.

-- SB 601 would require all boats to meet uniform requirements

for life preservers and life jackets

one jacket for each

passenger as well as one preserver that can be thrown into the

water. Jet-skis would not be required to have the throwable life

preserver. The legislation would bring Georgia into line with

federal laws.

The measure also targets young boaters. It would require passengers under the age of 12 to wear a life jacket unless they are below deck or in the cabin. It would also prevent children under the age of 16 from operating jet-skis. Children ages 12-15 would be exempt if they have completed a personal watercraft safety course or are under the direct supervision of an adult.

Sponsors say the bill stems from the increasing number of deaths and injuries on Georgia's lakes and rivers.

Because the legislation involves a floor substitute, Senate rules require that final passage be delayed until Thursday. SB 601 is sponsored by Senators Jane Hemmer, Steve Henson and Jake
Pollard.

Do Not Resuscitate Orders

A bill to update the law regarding orders not to resuscitate terminally ill patients cleared the Senate. SB 580 would include hospices among the facilities covered by the law.

The measure would allow orders to tlfollowwa patient who is transferred from one facility to another. The measure would also make it easier for a patient to revoke an order not to resuscitate. Sponsored by Senators Mary Margaret oliver and Steve Farrow, SB 580 passed 49-1.

Minoritv Health Care

The Senate passed legislation to create a Commission on Minority Health Care Improvement. The 21-member panel would study various health issues affecting minorities including accessibility to health care and the recruitment and training of minority health professionals.

Sponsors noted that the general health status of minorities is substantially worse than that of the overall population. SR 391 was sponsored by Senators Nadine Thomas, David Scott and Charles Walker and passed 49-0.

Affordable Housina Committee

The Senate approved a resolution to create a Study Committee on ~arriersto Affordable Housing. Sponsors say the panel would look for ways to correct the shortage of housing for low and moderate income families. Sponsored by Senators Ron Slotin, Pete Robinson and Robert Brown, SR 406 passed 48-0.

Sterilize Animals

Any dogs and cats put out for adoption by public animal shelters would have to be sterilized under HB 1181, handled by Senator Sonny Perdue. The legislation would apply only to unwanted animals that are adopted out by a shelter and would not, for example, affect dogs sold by professional breeders. Because the bill involves a floor substitute, final passage was delayed until Thursday under Senate rules.

As the General Assembly headed toward final adjournment, the amount of legislation moving through the Senate's standing committees also increased. Among the measures considered by committees this week were bills dealing with lottery funds for education, criminal background checks for teachers, and driver's licenses.
Criminal Checks on Teachers
The Senate Education Committee has recommended passage of a bill to require background investigations and fingerprint checks of newly-hired teachers. The legislation would not affect teachers who are currently on the job. SB 526 is sponsored by Senator Don Cheeks.
Special Education Fundina/Lotterv
The Education panel also gave a do-pass recommendation to SB 437 by Senator Chuck clay which would allow revenues from the Georgia lottery to be allocated to programs for special education students. The bill would require that criteria be established to ensure that lottery funds be available to all Georgia students regardless of handicaps.
School Records
Schools would be required to make a student's records available to his or her parents or face the loss of state funds under SB 629. Offered by Senators Steve Farrow, Mary Margaret Oliver and David Ralston, SB 629 was given a do-pass recommendation by the Senate Education Committee. The legislation would track a similar federal law.
Home Builders
The Senate Consumer Affairs Committee gave the green light to legislation aimed at resolving disputes between home builders and buyers over construction flaws. HB 1608 would set up a hearing procedure to resolve the differences.
Driver's License
The Senate Public Safety Committee has recommended passage of a bill which would require young driver's license applicants to submit proof that they are either in school or have graduated. SB 168 by Senator Ed Boshears and David Ralston is aimed at reducing the high school drop-out rate.
Nude Dancing
The Senate Judiciary Committee recommended passage of House Resolution 709, a proposed constitutional amendment, which would allow cities and counties to regulate nude dancing in conjunction with the sale of alcoholic beverages.
Spouse Immunitv
The Senate Judiciary Committee gave a do-pass recommendation to SB 609 by Senators Bob Guhl, Perry McGuire and Ed Gochenour. Under current state law, a person cannot be compelled to testify against his or her spouse in a criminal case.

SB 609 would preserve that privilege, but revise the law so that courts could force a potential witness to testify against a husband or wife in connection with a crime that occured before the marriage. The bill was scheduled for a Thursday floor vote.

Around
Capitol Hill

Activity continued off the

Senate floor and outside the

committee rooms as usual week. Among the events

-t-hias

Junior Civitans conference, a

gathering of canoeing

enthusiasts, and the

presentation of the Governor's

Award for the Humanities.

Senators also had the

opportunity to welcome back a

former colleague who has since

moved on to Congress.

Consressman Nathan Deal
Congressman Nathan Deal addressed the Georgia Senate this week. Deal, a former member of the Senate, commented on his role as a Representative in the United States Congress. Deal is in his first term as a congressman and will face re-election in the fall.
Uw a Creek
A rally sponsored by The Georgia Canoeing Association was held in the Capitol this week. The event was in support of a resolution calling for a study of river access in Georgia. Key water sport coaches and athletes were in attendance.
Georaia Focus
Over 200 Junior Civitan members from high schools across north Georgia converged on the Capitol. The students attended a seminar on Georgia's HOPE (Helping Outstanding Pupils Educationally) scholarship program and listened to a speech given by former WXIATV news anchor, John Pruitt, who received the 1994 Georgia Winner Award. Following a luncheon honoring Pruitt, the students toured the Coca-Cola Museum and the CNN Center. The Focus event is organized annually by Lieutenant Governor Pierre Howard.
Governor's Award
The eighth annual Governor's Award in the Humanities Luncheon was held this week. Professor James C. Cobb presented a lecture on ##TheMind of'Modern Georgia1#prior to the luncheon. The Governor1s Award recognizes those who have made outstanding contributions to Georgia's cultural traditions and values.

Sixty
Second Interview

Governor Zell Miller has put

forth a number of important and

far-reaching legislative

proposals this session. As the

Governor1s chief the Senate, Mark

Tfalyoloorrl-e-adaelronign

wMiitdhdletRoonber-t-

Brown and Guy has successfully

guided those bills through the

Senate.

"The Senate has been very supportive of the Governor's proposalstWSen. Taylor noted in a recent interview. '#Wethink it is a great package for the Governor and the legislators to take home to the voters this year.#t

"We are especially excited about Senate Bill 440 dealing with juvenile justice and school safety, and Senate Bill 441, the truth in sentencing bill which would provide life without parole for second time offenders," Taylor continued.

In the coming weeks, lawmakers will be asked to consider the Governorts Economic Development Package which Taylor described as "critical to rural Georgia."

"It gives Georgia a broad-based statewide incentive package we can use to attract and retain industry. said Taylor. "We will also ask the Senate to approve Governor Miller's $100 million tax cut which has already passed the House unanimo~sly.~

Taylor said the tax cut is the largest in the history of our state and will provide meaningful tax relief for over 550,000 families.

Georgia Senate
Bios
Brief

State Senator Mary Margaret

Oliver of Dekalb County was

first elected to the Georgia

Senate in 1992 and made history

with her appointment as

chairperson of the Senate

Judiciary Committee.

The

1 appointment was significant because it marked the first time in some 40 years that a woman

has chaired a standing Senate

committee.

In addition to chairing the Senate Judiciary Committee, Oliver is vice-chair of the Education Committee and serves on the Ethics, Appropriations, Rules and Education Committees. She is a member of the State Child Abuse Prevention Panel and has served on the Senate Study Committee on Children at Risk.
Although in her first term, Oliver has successfully sponsored major legislation aimed at stemming child abuse and family violence.
Sen. Oliverts record of public service includes five years in the state House of Representatives. She also served as an associate magistrate for DeKalb County and as a hearing officer for the Secretary of State's ~ o i n tExamining Boards.
A life-long resident of her Senate district, Oliver earned a BA from Vanderbilt University and a law degree from Emory University. She has been an adjunct law professor at Emory University, as well as an assistant professor of law at Boston College.
The 42nd District, which Oliver represents, includes portions of Dekalb County.