Weekly wrap-up 1995 January 27

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

#7679

January 27, 1995

HIGHLIGHTS OF MAJOR SENATE ACTION
For the Week of January 23 1935 (Week #2)

The General Assembly reconvened Monday following a one-week

recess highlighted by the Martin Luther King, Jr., holiday and four

days of joint hearings by the Senate and House Appropriations

Committees on the proposed state budget for Fiscal Year 1996.

During the recess, legislative budget writers heard dozens of

state agency heads outline their spending proposals that are

included in the record $10.7 billion budget. The budget includes

an unprecedented $3.6 billion for education.

The 1995 session is shaping up as a busy and productive one.

Since day one, more than 300 bills and resolutions have been

introduced by Georgia's 56 Senators and a number of them have

already cleared committees and are heading for the Senate floor. Governor Zell niller and Lieutenant Governor Pierre Howard

have joined forces to push tough new legislation targeting parents

who won't pay the child support they owe. The bill would deny professional and occupational licenses to non-custodial parents who

are more than 60 days behind on their debt.

In floor action, the Senate passed legislation to more closely

restrict the use of eminent domain by petroleum pipeline companies

to condemn land for pipeline construction. The Senate also gave

the nod to a bill which would make it illegal for health insurance

companies to reject applicants because of a pre-existing condition.

The Judiciary and Special Judiciary Committees met this week

to hear Lt. Governor Howard outline two anti-DUI bills. One

measure would eliminate the "nolo contendere" loophole, which allows first-time DUI offenders to escape a conviction record. The

second would set a "zero tolerance8@policy for underage drivers who

drink. Both measures remain in the Special Judiciary Committee

pending review of a comprehensive DUI measure which would

incorporate the two bills.

The Finance and Public Utilities Committee recommended passage

of legislation which could lead to final settlement of a lawsuit, and reimburse Federal employees and veterans who the U.S. Supreme Court says Georgia taxed illegally. The panel also gave a do-pass

recommendation to a measure which would make it more difficult to

raise taxes.

Term limit legislation got a thumbs-up from the Ethics

Committee, while the Insurance and Labor Committee said yes to a

bill which would increase the number of good students eligible for

price breaks in their car insurance.

Legislation to allow citizens to vote directly on major issues

through public initiative was dropped in the hopper, as was a measure aimed at welfare fraud.
Among the other bills and resolutions introduced were measures
which*wouldA:dd a surcharge to criminal fines to pay for victimsf

* * *

assistance programs. Make gun ownership mandatory.
Limit appeals in death penalty cases.
Make it illegal to buy interviews with jurors and

*

witnesses in criminal cases. Require children whose families are on welfare to remain

in school.

On
the Floor

1
Most of the action in the Senate this week was centered in committees, rather than on the floor, where the pace will undoubtedly pick up next week. Several measures did, however, go before the full Senate including one to expand access to health care coverage and another dealing with pqpeline construction.

Pre-existina Condition

The Senate unanimously approved legislation that would sake it
easier for people with medical conditions to buy health insurance policies.
Senate Bill 23, by Senators Johnny Isakson and Charles Walker, would change the definition of a pre-existing condition to bring it in line with the definition used by Medicare. Insurance aahpanies
would be barred from refusing policies to applicants with a preexisting medical condition, although there would be a 114-month
waiting period before coverage for the conditions became effective.

Petroleum Pineline Companies1 Eminent Domain

Legislation to more closely restrict the use of eminent domain by petroleum companies to condemn land for pipeline construction has won Senate approval. Sponsors say Senate Bill 24 would provide more protection for landowners and the environment. It is the result of a study committee created during the 1994 legislative session.
The measure would require approval of both the Departznent of Transportation and the Department of Natural Raourcesf Environmental Protection Division before condemnation pr-edings could move forward. SB 24 also provides for public nokffication and hearings. The bill would update a 50-year old law which gave petroleum companies broad authority.
Sponsored by Senators George Hooks, Walter Ray and IIarold Ragan, the bill passed unanimously.
- Police Bill of Riahts Recommitted

Senators sent back to committee a so-called "Police Bill of Rightsw which would spell out procedures for disciplining police officers. Senate Bill 15 was sponsored by Senators Walter ILay and Richard Marable.
- POWIMIA Flaas Recommitted

A measure which would designate a special POWIMIA flag tor the
state was also put on hold. Senate Bill 25 by Senators Nathan Dean and Richard Xarable was sent back to committee, along with Senate Resolution 37 which would call for it to be flown with the aerican and state flags.

Bills and resolutions began to move swiftly through the Senate committee system this week as nearly two dozen camittee meetings were held to r e v b w and revise legislation in preparation for floor debate. Legislation considered by the committees dealt with a wide
range of issues such as: term
limits, tax restrictions, drunk driving and traffic safety.

JudiciarvIS~ecialJudiciary
The Judiciary and Special Judiciary Committees met jointly this week to hear Lt. Governor Howard urge passage of two anti-DUI measures. Senate Bill 121, by Senators Jake Pollard, Chuck Clay and Dongella James, would eliminate the @@nolocontenderew plea, a loophole under which first-time DUI offenders are able to avoid a conviction record. The other measure, SB 118, by Senators Bonny Perdue, Jack Hill and Nathan Dean, would establish a "zero tolerance" policy which would allow underage drivers to be prosecuted for DUI regardless of their blood alcohol level. T h e Special Judiciary Committee decided to hold both bills in committee until the Judiciary Committee looked further into Governor Miller's anti-DUI measure, Senate Bill 79, which contains the elements of SB 121 and SB 118.'
The Senate Special Judiciary Committee, meanwhile, has given a do-pass recommendation to Senate Bill 60 which would strengthen Georgia' s "open containertglaws. The measure would make it illegal for passengers in vehicles to have an open alcoholic container while riding in cars or trucks. Sponsors of SB 60 are Senators Chuck Clay, Mike Egan, and Perry McGuire.
Finance and Public Utilities
The Finance and Public Utilities Committee gave the green light to legislation which could make it considerably more difficult to raise state taxes. Senate Resolution 61 would require a two-thirds vote in both the Senate and the House to raise existing taxes or levy new ones. Under current law, only a simple majority is required.
The measure was sponsored by Senators George Hooks, Terrell Btarr, Hugh Gillis, and Nathan Dean and is a part of the Lt. Governor's legislative package.
Senate Bill 29, sponsored by Senators Johnny Isakson, David Ralston, and Arthur "Skinw Edge, was also recommended for passage. The measure would allow the Department of Revenue to contract with private companies to collect delinquent state taxes.
House Bill 90 was approved by the Finance and Public Utilities panel. This initiative would clear the way for Georgia to reimburse Federal retirees and veterans the state income taxes that the U.S. Supreme Court said were improperly collected. The settlement would include seven percent annual interest plus legal fees involved in the litigation.

A bill targeting deaths and injuries at highway construction

sites has cleared the Transportation Committee. Senate Bill 48, by

Senators Mike Crotts, Johnny Isakson and Rooney Bowen, would allow

local authorities to set lower speed limits at construction sites

in conjunction with state transportation officials.

The

legislation would also provide stiff penalties for violators

including up to one year in jail.

Ethics

There has been considerable discussion around the nation about term limits for political office holders. 22 states already have such limits and Georgia moved a step closer to adopting them with the Senate Ethics Committees approval of Senate Resolution 30.
The measure, which is part of Lt. Governor Howard's legislative package, would limit members of the General Assembly to a total of 12 consecutive years in office (six two-year terms) with a waiting period of two years before being eligible to run again. Statewide officers such as the Governor, Lieutenant Governor and Secretary of State would be limited to two four-year terms. Sponsors of this bill include Senators Rene Kemp, Bteve Farrow and Bonny Perdue.

Natural Resources
A bill to strengthen Georgia's boating safety laws has been given the go-ahead by the Natural Resources Committee. Senate Bill 111 is designed to bring Georgiafs boating safety laws into line with state traffic laws dealing with offenses such as leaving the scene of an accident.
It is a felony, for example, to leave the scene of a motor vehicle accident, but only a misdemeanor to flee a boating accident. The measure stemmed from a boating accident on Lake Lanier last summer which left two people dead. Boating under the influence would also be handled in the same way as driving under the influence.
A part of the Lt. Governor's legislative program, the measure was sponsored by Senators Guy Middleton, Arthur (Skin) Edge, Eddie Madden, and Casey Cagle.
After lengthy debate, the Senate also gave a do-pass recommendation to Senate Bill 32 which would restrict the siting of landfills. The measure, sponsored by Senators David Scott, Walter Ray and Hugh Gillis, would allow no more than five landfills in a four-mile radius.
Insurance and Labor
Legislation aimed at increasing the number of young drivers eligible for price breaks on their auto insurance has been given a thumbs up by the Insurance and Labor Committee.
Senate Bill 21, by Senators Steve Thompson and Steve Langford, would expand eligibility to include all high school students who are licensed to drive and enjoy a safe driving record and a grade point average of at least 3.0 (a "BW average). Under current law, the discounts are limited to high school juniors and seniors who meet the qualifications.

In
the
Hopper

More than 300 pieces of legislation have been introduced so far this session, including potentially far-reachingreform measures. Among the legislation introduced are measures which would: crack down on parents who are delinquent in child support payments, strengthen laws against domestic violence, clear the way for public initiative, and outlaw lucrative book and interview deals in connection with criminal cases.

Deadbeat Parents Taraeted

Gov. Miller and Lt. Governor Howard are proposing legislation which would deny occupational licenses to parents who are behind in child support payments. Under Senate Bill 122, sponsored by Senator Mary Margaret Oliver, an applicant for an occupational license would be given a temporary permit until he or she made the necessary payments. If payments are not made, the license would be denied. Nearly 400,000 occupational licenses are issued in Georgia to members of more than 110 professions as diverse as doctors, barbers, engineers, and undertakers.

Child CustodvIFamilv Violence

In an effort to target family violence, legislation has been introduced which would require judges to determine if there is a history of domestic violence in considering child custody cases. A part of the Lt. Governor's legislative package, Senate Bill 120 is sponsored by Senators Richard Marable, David Scott and Mary Margaret Oliver.

Gun Leaislation
At least two bills have been introduced aimed at tightening Georgia8s gun laws. Senate Bill 106, by Senators David Scott and Johnny Iaakson, would establish mandatory instant background checks for gun buyers.
The second measure would make it illegal to buy more than one handgun within a 30-day period. Sponsors are Senators Scott, Mary Margaret Oliver and Michael D g m .
Pro~ertvProtection & Gun owners hi^
Another gun-related measure would expand the rights of individuals to use deadly force to protect themselves and their property. Current law only permits the use of deadly force by a person who is in fear for his life, not in response to property crimes. The bill would also make gun ownership mandatory for all
Georgia households. Senate ill 171 is sponsored by Senator John
Black.
Victimst Riahta
Senate Bill 110, a part of Lieutenant Governor Pierre Howard8s lative package, vould give trial judges the authority to allow the victim of a crime or the victim's immediate family the right to be present in court during the defendant's trial. Under current law, defense attorneys have the right to exclude victims or their families from the courtroom. The measure is sponsored by Senators
Eddie Madden, Paul Broun and Walter Ray.
A related bill would authorize a five-percent surcharge on criminal fines, with the proceeds going to support victims8 assistance programs. It is sponsored by Senators Jaak Hill, Rene K m p and Nadine Thomas.
Sellina Babiea
Strange as it may seem, it is not against the law in Georgia
to sell babies. Senate Bill 130, by Senators Rene Kemp, George Hooks and Mark Taylor, would correct that omission and make it a felony for a parent or guardian to sell or attempt to sell a child. The legislation stemmed from a case in which a mother was arrested for allegedly selling her child in exchange for drugs.
Welfare Fraud
A bill targeting welfare fraud has been dropped in the hopper. Under Senate Bill 112, a person receiving welfare benefits who knows that he or she is ineligible would face criminal charges. If the amount in question is less that $500, it would be a misdemeanor.
Fraud involving more than $500, however, would be a felony ,
punishable by up to five years in prison. The bill was proposed by the ~ieutenant Governor and is sponsored by Senators George Hooks, Charle8 Walker and Loyce Turner.
Relocation of State Officeq
A bill to give local authorities more input into relocations planned by state agencies has been proposed. Under Senate Bill 150, a state agency planning to relocate operations involving more than five percent of its staff from one county to another would have to notify officials in both counties at least 120 days in advance. An impact study would also be required. Sponsors are Sehators Floyd Oriffin, Cbl.8 Walker and Donsella James.

. . public Initiative

Public initiative legislation which could make it possible for citizens to"Wlrect'ly-deciae ~"ssWE;-dslti""th;eballot has been dropped in the hopper. Senate Resolution 60 was proposed by the Lt. Governor and is sponsored by Senators Steve Parrow, Don Cheeks and Steve Thompson.

Other Leaislation Introduced

Among the other bills or resolutions introduced this week are measures which would:

- Require members of county commissions to have a high

school diploma or a general education development (GED)

-

. equivalency diploma (SB 181 by Senators Steve Farrow and
Nadine Thomas) Make the actions and documents of the Board of Pardons

and Paroles a matter of public record (SB 139 by Senators

-

Perry McGuire, Ed Gochenour and Pam Glanton). Limit protracted appeals which cause timely delays in

death penalty cases (SB 113 proposed by Lt. Governor

Howard and sponsored by Senators Sonny Perdue, George

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Hooks and Walter Ray). Reduce from 34 to 33 the number of years required for

state employees to retire with full benefits (SB 149 by

-

. Senators Floyd Griffin, Diane Harvey Johnson and Charles
Walker) Require the Department of Corrections to provide an

Alcohol or Drug Use Risk Reduction Program and require

that alcohol or drug-dependent inmates not be considered

for parole until completion of the course (SB 154 by

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Senators Chuck Clay, Joe Burton and Clay Land). Mandate that children whose families are on welfare

remain in school until age 18 or face a partial loss of

benefits (SB 119 by Senators Charles Walker, Richard

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Warable and Steve Henson). Make it ill.ega1 to buy interviews with jurors or

witnesses in criminal cases (SB 191 by Senators Ed Harbison, Mary N8rgar.t Oliver and Chuck Clay).

Around Capitol
'I \\

Visitors who came to the Capitol over the past several days saw their lawmakers at work and much more. Outside of the Chambers and committee rooms, there were a number of events of interest.

Bjlaht to Life Demonstration

An estimated 2,500 anti-abortion protesters gathered at the State Capitol to protest the 1973 Supreme Court decision, Roe vs. Wade, which legalized abortion. The demonstration was followed by a march which ended at Woodruff Park in downtown Atlanta.

Georaia Focus

Plans moved forward for the second annual Georgia Focus Project. The popular Georgia Focus program is held in conjunction with the Junior Civitan Club and more than 125 y o m g Georgians are taking part. The object of Georgia Focus is to allow outstanding high school students to have direct contact with the legislative process. In the past three years, Georgia Focus students have had the opportunity to visit with the Governor, Lieutenant Governor, Speaker of the House, and members of the media. The program is scheduled for Tuesday, February 21.

Annual Mavor8s Dav
Lieutenant Governor Pierre Howard spoke at the annual Georgia Municipal Association (GMA) Mayor's Day held in downtown Atlanta. The Lt. Governor outlined his legislative agenda for the year.

Senate Minority Leader Arthur @@SkinI1Edge of Newnan has high hopes for the 1995 session of the Georgia General Assembly. HI think the legislature is very focused on certain key issues that the public has spoken very loudly on," commented Edge. He does admit, however, that a few problems might arise in the coming months.

wctPbviously there will be some differences between the two parties, and it is my responsibility as the Minority Leader to advocate the concerns of the Republican Party."
Edge foresees a lot of progress to be made in areas concerning education and crime. He feels that legislation must be passed in order to Itget a handle on our prison space.@@
"As legislators, we also need to make efforts to help the newly elected School Superintendent do the job she was elected to do by reducing the bureaucracy in school systems and by getting more dollars into the classroom,w said Edge.
Measures concerning tax reform and budget reform are also high priorities for Edge this session. "1 want to make it harder to
. raise taxes and I want to see a reduction in the sales tax on
food ,@IEdge continued
Overall, Edge does feel that progress will be made in this year's legislative session and hopes these goals will carry over into 1996.

Georgia Senate
Bios
In
Brief

Don Cheeks of Augusta began his second term in the Senate as the newly-appointed chairman of the Retirement Committee and vicechairman of the Transportation Committee. Cheeks, a Democrat, also serves on the Appropriations Committee as wAJ. as the Reapportionment and Natural Resources Committees.

While he is a relative newcomer to the Senate, Cheeks is a political veteran. Prior to his election to the Senate, Cheeks served in the Georgia House of Representatives for 18 years. He was also a member of the Augusta City Council for six years.
One of his top priorities has been consumer protection legislation. Cheeks was the sponsor of legislation which requires that misleading promotional literature be clearly identified.
In addition to his standing committee assignments, Cheeks also served on the Senate Defense Conversion Strategies Study Committee which was created to recommend new uses for Georgia military bases that might be closed as part of federal defense cutbacks.
A retired businessman, Cheeks is an active community leader. He is a former chairman of the Jaycees, a past-president and district lieutenant governor of the Civitan Club, and a former director of the Augusta Richmond County Public Library. Cheeks has also been active in organizations such as the March of Dimes, the Muscular Dystrophy Association and the United Fund.
Cheeks attended the Citadel, the University of Georgia, and Augusta Law School. He served in the U.S. Navy during the Korean War. Cheeks and his wife Betty are the parents of two grown daughters.
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