Weekly wrap-up 1994 March 4

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

# 7279

March 4, 1994

HIGHLIGHTS OF MAJOR SENATE ACTION For the Week of February 28, 1994 (Week #7)

The legislative session moved steadily toward a conclusion this week. When lawmakers leave the Chambers on Friday, only five days will remain before the final gavels are sounded and the 199394 term of the General Assembly will take its place in the history books.

A number of substantive bills cleared the Senate this week dealing with issues such as economic development, health care, elections, the environment, unfunded mandates and the use of lottery proceeds for education.

The economic development measure, proposed by Governor Zell Miller, is a statewide economic incentive package aimed at attracting and retaining jobs and industry. Sponsored by Senators Mark Taylor, Robert Brown and Guy Middleton, the bill would extend Georgia's Job Tax Credit act to cover all of the state's 159 counties and would also provide investment tax credits to businesses.

The Senate approved legislation by Senators Charles Walker and Robert Brown which would restrict the use of genetic testing information and protect confidentiality. Another health-related measure, by Senators Steve Farrow and Charles Walker, would permit hospitals and health care providers to enter into cooperative agreements to reduce duplication of services and reduce costs.

State officials would have the authority to issue bonds to pay for the emergency clean-up of hazardous waste sites under legislation by Senators Ed Boshears and Rene Kemp. The measures would allow the state to move quickly while legal disputes are being resolved.

Legislation to do away with run-offs in general elections for most state and local offices cleared the Senate. Sponsored by Senator Pete Robinson, the measure would not apply to primaries or special elections. Senators approved a bill by Senators Don Cheeks, Jake Pollard and Jack Hill to make it more difficult for the General Assembly to pass unfunded mandates that cost cities and counties money to implement. The Senate also gave the green light to two measures by Senators Sonny Perdue and Jack Hill which would provide Itsafety netsutfor lottery-funded programs in the event lottery revenues decrease in the future.

A bill to strengthen the Erosion and Sedimentation Act in an effort to reduce construction-related water pollution was passed. It was sponsored by Senators Jane Hemmer, Pete Robinson, Steve Henson and George Hooks.

In other action, Lieutenant Governor Pierre Howard appeared before a subcommittee of the House Judiciary Committee to urge approval of his package of anti-DUI measures. The Senate Appropriations Committee recommended passage of the Senate version of the $9.7 billion budget for Fiscal Year 1995. Senate and House conferees continued to work toward a compromise on legislation to require instant background checks for gun buyers.
# # # # #

the Floor

LOOKING BACK. . .Last Friday,
the Senate continued its war on drunk driving with the passage of Senate Bill 674. The measure, by Senators Sonny Perdue, Jack Hill and Pete Robinson, would require a mandatory, on-the-spot six-month driver's license suspension for motorists under the age of 21 who have a .02 blood alcohol level.

Another bill affecting young drivers would require first-time driver's license applicants under age 18 to show proof that they are either in school or have graduated. SB 168 bill was sponsored by Senators Ed Boshears and David Ralston. HR 709, handled by Senator Terrell Starr, won Senate approval. The proposed constitutional amendment would give cities and counties the authority to regulate nude dancing in bars. The Senate also passed SB 688 which would reduce what sponsors say are excessive fines for hunting doves over baited fields. The bill was sponsored by Senators Mark Taylor, Hugh Gillis and Rene Kemp.

Economic Development

A major piece of economic development legislation proposed by Gov. Zell Miller sailed through the Senate. HB 1527 is a statewide economic incentive package aimed at attracting and retaining jobs and industry.

The measure would enhance the Job Tax Credit Act, which was enacted in the late 1980s. It would remove current restrictions and allow the issuance of job tax credits in all of Georgia's 159 counties. The initial legislation affected only the 40 poorest counties. The tax credits are state income tax breaks for businesses which create new jobs.

HB 1527 would also provide investment tax credits to businesses and provide special tax breaks for companies involved in pollution control, defense conversion and equipment modernization.

Sponsors say the legislation will prepare Georgia for the tough competition among neighboring states in attracting new business and industry. An administration bill, the measure was introduced by Senators Mark Taylor, Robert Brown and Guy Middleton.

Water Pollution

A measure to beef up the statersErosion and Sedimentation Act and reduce water pollution, which threatens recreation, fish habitats and overall water quality, won Senate approval. The legislation would strengthen the power of state and local authorities to enforce the act and make property owners, not contractors, responsible for obtaining permits for land-disturbing activities such as grading for construction.

The measure would also increase penalties for violations and eliminate many of the exemptions that now exist. Additionally, water and sewer construction projects and Department of Transportation construction projects would be required to meet state standards.

Land disturbing activities would be banned within 25 feet of the banks of any state waters. The Department of Natural Resources would, however, have the authority to issue a variance if it is necessary to the project and if the environment can still be adequately protected.

Environmental experts say sediment is the number one pollutant of Georgia's lakes, streams and rivers and that storm-water runoff from construction activities appears to be one of the largest uncontrolled sources of pollution. SB 608, sponsored by Senators Jane Hemmer, Pete Robinson, Steve Henson and George Hooks, passed 50-0.

Hazardous Waste Clean-UP

The Senate passed and sent to the House legislation aimed at giving the state the ability to move quickly to clean up hazardous waste sites. The measures would allow the state to issue bonds to finance clean-up costs when the public health is threatened and rapid corrective action is necessary. The legislation would clear the way for the state to step in and direct clean-up efforts while any legal disputes are resolved.

Sponsors say the state needs the clear authority and the necessary financial resources to clean up toxic waste sites when there is a threat to the public health or when environmental quality is jeopardized. The state would still be able to recover the clean-up costs from parties responsible for the pollution.

SR 546 would authorize the use of bonds for emergency environmental clean-up. The measure is a constitutional amendment which would be on the November ballot for consideration by voters. It passed 47-3. SB 698, the enabling legislation, passed 44-3.
. The legislation was sponsored by Senators Ed Boshears and Rene
Kemp

Run-off Elections

Run-offs in Georgiafs general elections will become a thing of

the past if a bill approved by the Senate this week becomes law.

vCoutreren-t-

law requires a candidate for office to receive a majority
50 percent plus one -- to win an election. SB 680 would

change the law and allow the election of the person who received a

plurality of the votes, provided it is at least 40 percent. The

legislation would affect general elections, only, and not primaries

or special elections. The would apply to elections for

Congressional offices, local offices, and state posts including

Governor and Lieutenant Governor.

Critics of the legislation say any office holder should enjoy the support of a clear majority of the voters and contend that the proposal would discourage voter participation.

Supporters say, however, that Georgia is the only state that requires run-offs in general elections. Proponents also note that run-offs are costly and that voter turnout in run-offs is low. After spirited debate, SB 680 by Senator Pete Robinson, passed 3317.

A companion measure is dead, however. SR 536 missed the 33rd day cut-off and, under legislative rules, cannot be acted on. The measure would have eliminated general election run-offs for the positions of Secretary of State, Attorney General, State School Superintendent, Insurance Commissioner, Agriculture commissioner and Labor Commissioner. Wording in the State Constitution requires that any changes in election laws regarding these posts must have voter approval as a constitutional amendment.

Lotterv Funds for Education

Two companion bills dealing with the use of lottery funds for education won Senate approval this weeks. Both measurers are designed to provide "safety nets" in the event that lottery revenues decrease and threaten the fate of lottery-funded programs.

SB 710 would prohibit the use of general state funds to

support a program that was started by lottery funds unless the

General Assembly establishes eligibility standards.

The

legislature would also have to specifically appropriate the funds

in the general appropriations act.

SB 711 would establish a "shortfall" account to fund postsecondary programs such as the HOPE scholarship. The legislation would also require a corresponding reduction in the size of the program if lottery revenues fall short.

Both measures were sponsored by Senators Sonny Perdue and Jack Hill. SB 710 passed 51-0. SB 711 passed 44-6.

HOPE Scholarship Eliqibility

The Senate passed a measure to ensure that all Georgia students are eligible for lottery-funded HOPE (Helping Our Pupils Educationally) scholarships, including special education students.

The bill requires that criteria be established to guarantee that all students have access to the scholarships. Supporters say that HOPE scholarships have not been available to some students with various physical handicaps or retardation problems because the students do not conform to the grading requirements spelled out by HOPE. Sponsored by Senators Chuck Clay, Sallie Newbill and Bob Guhl, SB 437 passed 48-0.

Genetic Testina Information

Senators have given the nod to a bill which would restrict the use of genetic testing information in an effort to prevent its misuse and protect the confidentiality of people who have been tested.

SB 704 would bar the disclosure of genetic information to insurance companies and would prohibit insurance companies from requesting the information. It would also require a person's written consent to allow genetic testing and would limit the use of genetic tests for therapeutic and diagnostic purposes. Sponsors say the bill would help prevent discrimination based on health.

Genetic tests conducted by law enforcement agencies in connection with criminal investigations would be exempt. Sponsored by Senators Charles Walker and Robert Brown, SB 704 passed 49-0.

Hos~italsIHealthCare Facilities

The Senate has approved two pieces of legislation which would enable hospitals and other health care providers to eliminate costly duplication of services and facilities by entering into cooperative agreements.

The legislation, which includes a proposed constitutional amendment and an enabling measure, would effectively allow the health care providers to reach joint operating agreements without violating federal anti-trust laws. SB 673 passed 45-0. SR 531, which would require voter approval in November as a constitutional amendment, passed 41-4. Both measures were sponsored by Senators Steve Farrow and Charles Walker.

Personal Care Homes

Legislation to strengthen the protection of residents in personal care homes cleared the Senate. Personal care home occupants already enjoy certain rights under regulations of the Department of Human Resources (DHR), but there is no grievance mechanism in place for an occupant who believes his or her rights have been violated. SB 651 would establish a procedure for the residents to file grievances for alleged violations.

The legislation is a part of ~ieutenant Governor Pierre Howard's Older Georgians Protection Package, and it would bring the rights of personal care home residents in line with those of nursing home residents. Sponsored by Senators Steve Farrow and Sonny Perdue, SB 651 passed 50-0.

Unfunded Mandates

If there's one thing that gets the blood of local and state politicos boiling, it's the very mention of unfunded mandates.

-- State leaders criticize Congress for passing -- but not

funding

laws that cost the states money. City and county

leaders, meanwhile, castigate state lawmakers for doing the same

thing. But a Senate vote this week could bring about some changes

that make it more difficult for the General Assembly to pass

unfunded mandates that impact on Georgia's local governments.

SB 661 would require that any bill affecting the revenues or expenditures of local governments be submitted to the state auditor to determine if it is, in fact, a "mandated expenditurew bill. If it is, the measure must have a cost analysis and it would take two years to move through the General Assembly.

Under SB 661, a mandated expenditure bill could only be introduced in the first session of the two-year legislative term. It could only be passed during the second year. This tracks the current law on retirement legislation.

The legislation does provide exceptions, including bills dealing with the environment, anti-discrimination programs and child protection. Bills for which the General Assembly provides funding would also be exempted. Sponsored by Senators Don Cheeks, Jake Pollard and Jack Hill, the bill passed 49-0.

Retroactive Taxes

After considerable discussion, Senators gave the green light to a measure which urges Congress to call a constitutional convention to consider an amendment to the U.S. Constitution barring retroactive tax increases. TWO-thirds of the states would have to pass a similar resolution in order for such a convention to be convened. Sponsored by Senators Arthur (Skin) Edge, Clint Day and Bob Guhl, the measure was adopted 47-6.

Backsround Checks on Teachers

In a continuing crackdown on child abuse, the Senate said yes to a bill which would require schools to conduct criminal background investigations on new teachers. Fingerprint checks would also be required. SB 526 by Senators Don Cheeks, Richard Marable and Steve Langford passed 49-1.

Teacher Paperwork

Senators gave the thumbs-up to a bill which would exempt the top 30 percent of the state's schools in educational rankings from detailed evaluation requirements. The bill is aimed at eliminating burdensome paperwork requirements. Sponsored by Senators Sallie Newbill, Chuck Clay and Mike Egan, SB 436 passed 51-0.
Nursins Home Residents - Expenses

The Senate passed and sent to the House legislation which

would allow Medicaid recipients in nursing homes to keep a larger

portion of their government checks each month. The residents can

currently keep nursing home.

$30 of their checks SB 552 would allow

while the remainder goes the patients to keep $50

t-o-tahne

amount supporters say is more reasonable. Sponsored by Senator

Wilbur Baugh, the bill passed 52-0.

Seat Belts
A bill to strengthen Georgia's seat belt law cleared the Senate. HB 1486 would require passengers in pick-up trucks under the age of 18 to wear seat belts. The measure would not apply to "off-roadw vehicles. Handled by Senator Richard Marable, the bill passed 49-0.
Water Bills
After lengthy debate, the Senate approved legislation which would prohibit water systems from holding property owners liable for another person's unpaid water bills. The measure would also require water companies to maintain a record of the delinquent accounts in an effort to help them recover what is owed. Handled by Senator Steve Thompson, HB 862 passed 44-10.
Petroleum Pi~elines
The Senate and House reached final agreement this week on SB 625 which would 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.
SB 626 would suspend this authority until March, 1995 during which time the issue would be studied by a legislative committee. Under the final agreement, the moratorium on pipeline construction would not apply to existing pipelines if emergency repairs were required over the next year.

1Committee mion

Major legislation moved through key committees this week including the Senate version of the $9.7 billion budget for Fiscal Year 1995 which was recommended for passage by the Appropriations Committee. Other committees considered legislation on issues ranging from voter registration to drive-by shootings. And a Senate-House conference committee worked to hammer out an agreement on background checks for gun buyers.

The budget for Fiscal Year 1995 continues to move closer to passage. The Senate Appropriations Committee recommended passage of the Senate version of the appropriations bill (HB 1375) Thursday morning. The full Senate is expected to consider the bill next Monday.
Motor Voter Bill
The Senate Ethics Committee gave a do-pass recommendation to the so-called "Motor Voter" bill which would make it considerably easier to register to vote.
House Bill 1429 would bring Georgia into compliance with the National Voter Registration Act passed by Congress in 1993. It would allow citizens to register to vote at any government office which provides public assistance such as a State Patrol driver's license station or a welfare office. Voter registration would also be permitted by postcard.

While the state does not technically have to adopt the ItMotor

Voteru1legislation for state elections, it's provisions must be

implemented by the state to conduct federal elections. Otherwise,

ssetpaatreataendrecgoiusnttryateiloenctsiyosnteomfsfi-c-ialismpowsoiunlgd

have to maintain two a costly hardship on

voter registration officials and voters, alike.

The Governor's budget request for the upcoming fiscal year includes $6.6 million to help implement the changes called for by the legislation.

Conference Committee on SB 12

Senate and House conferees continued their efforts this week to reach an agreement on SB 12, which would require instant background checks for gun buyers.

The Senate version would apply the background checks to all gun buyers. The House version would apply to purchasers of handguns only.

A second point of contention focuses on the issue of preemption. The Senate wants to allow local governments to retain any mandatory waiting periods that they now have. The House would preempt those waiting periods.

Conferees have been discussing a compromise which would adopt the Senate position to include all firearms. The negotiators are also considering a proposal that would terminate existing waiting periods, but allow local governments to impose vlcoolingoff" periods of up to five days. As of Thursday afternoon, however, no agreement had been reached.

If a bill is agreed to and becomes law, it would supercede the federal l1BradyWlaw which sets a mandatory waiting period.

Juvenile Weapons

The Senate Judiciary Committee has recommended passage of a bill which would allow authorities to confiscate weapons seized from juveniles. Current law allows authorities to destroy, store, or turn over to law enforcement agencies for their own use any weapons that are confiscated from adults. House Bill 1337 would expand that to include weapons taken from juveniles. The legislation would also ban the sale of confiscated weapons to the public.

Summer Investment Proqram

The Senate Education Committee gave a do-pass recommendation to a measure which would require local school systems to provide a six week summer program for students who have been held back in grades kindergarten through 8th, failed academic subjects, or have been deemed to be "at risk." House Bill 1130 would allow for local systems to work together to provide school locations and transportation. Funding for the summer investment program would come from the mid-term adjustment based on the projected number of students needing the program.

Orsan Donors

In response to the increasing demand for organ donations, the Senate Public Safety Committee has given its approval to a measure which would reduce the cost of driver's licenses for applicants who agree to be organ donors. Under House Bill 1547, the $15 driver's license fee would be cut to $8 for applicants who sign up as organ donors. If passed, the legislation would go into effect July 1.

Guide Doqs
The Senate Youth, Aging and Human Ecology Committee has recommended passage of House Bill 1469 which would allow guide dogs to be trained in public facilities. Sponsors say the bill would allow msituationalttraining under realistic conditions that would help the handicapped person who relies on the dog.
Drive-by shootings are the target of legislation given the green light by the Senate Special Judiciary Committee. House Bill 1198 would increase the minimum penalty for firing a weapon from a moving vehicle from one year to five years behind bars. The maximum prison sentence would remain at 20 years. Sponsors note that drive-by shootings have become widespread and that lawmakers need to send a message.
This week's activities outside the Chamber included kick-off ceremonies for Women's History Month, the Governor's Prayer Breakfast and a meeting of agricultural leaders from around the state. In the Chamber, meanwhile, Senators welcomed back a former colleague and met heavyweight champ Evander Holyfield.
Women's History Month
Opening ceremonies for this year's Women's History Month were held on the steps of the State Capitol. TV newscaster Monica Kaufman hosted the event which included a re-enactment of the 1915 ride of Eleanore Raoul who, on horseback, led a demonstration of 500 men and women down Peachtree St. in support of women's voting rights.
Welcome Back, Conqressman
Senators welcomed back yet another former colleague who has since gone on to Congress. U.S. Representative Don Johnson of Royston addressed the Senate on a proposed national balanced budget amendment and on legislation dealing with retroactive taxes.
Evander
Heavyweight boxing champion Evander Holyfield also addressed the Georgia State Senate this week. Holyfield, an Atlanta-area resident, was honored with a resolution by the Senate commending his World Champion Boxing title.
Governor's Prayer Breakfast
The annual Governor's Prayer Breakfast was held this week at the Atlanta Hilton Towers. Congressman Nathan Deal, the former Senate President Pro-Tem, was the featured speaker during the breakfast.
Aqriculture Leaders
Senate Agriculture Committee Chairman Harold Ragan was the guest speaker at a breakfast held this week for agricultural leaders from around the state. The group was in Atlanta for the annual Georgia Agri-Leaders Forum. Agri-business is one of Georgia's largest industries with an estimated annual economic impact of $20 billion.

Isixty
Second Interview

Most observers would agree that the 1994 legislative session has been highlighted by the introduction and consideration of a number of anti-crime and anti-DUI measures. Senator Steve Henson, chairman of the Consumer Affairs Committee, recently offered an assessment of the session, to date, and discussed several pieces of consumer-related legislation which have been introduced.

Itcrime and education are in the forefront of the public's mind; however, there is always a continuing concern for the day-today issues that come to Consumer Affairs," said Henson. "Although they may not be as high profile as mandatory sentencing bills, there are some important measures that we, in the Senate, have addressed this session to protect the consumer.tt
Among the consumer bills considered this session is a measure which would establish an arbitration procedure for people who have had problems with construction flaws in their new homes.
"The bill gives a home buyer easier, less expensive means of resolving the problem rather than going immediately to courtItt Henson explained.
Senator Henson is the sponsor of legislation which would tighten the state's regulation of fund-raising activities by law enforcement associations. The bill would require the organizations to register with the Secretary of State's Office and file periodic reports on their solicitations. The measure would also make it illegal for solicitors to misrepresent themselves as acting on behalf of law enforcement related organizations.
Henson said legislation has also been introduced in the Senate to more closely and effectively regulate fund raising through telephone solicitations. It would stiffen penalties for telephone fraud and require that solicitors provide the information that consumers demand.
"We have had some vital consumer-related bills come before the Senate this session, Henson noted. "And we are moving forward and making substantial progress in this area."

Georgia Senate
Bios
Brief 1

Though a newcomer to the state Senate, Perry McGuire of the 30th District, has already shown considerable initiative in the area of budget reform. He was a co-sponsor of Senate Bill 561 which would earmark the first one-percent of the state's surplus revenues to education. The measure puts into law what has been done in practice and ensures that education will remain a top budget priority. The bill passed the Senate unanimously.

Sen. Mc~uirewas elected in the spring of 1993 in a special election held to fill the remainder of Wayne Garner's unexpired term. McGuire is a member of the Special Judiciary, Higher Education, and Transportation Committees. He also serves on the Urban and County Affairs Committee.

A descendant of five generations of Douglas Countians, McGuire was born in Libby, Montana while his father was in the service. He earned a BBA degree in finance from Valdosta State College and a law degree from Georgia State University and is now a practicing attorney.
McGuire and his wife, Lauren, are the parents of three children: Christian Augusta, Lauren Bartlett, and Reed Jackson.
The 30th District includes Carroll County and almost twothirds of Douglas County.