Weekly wrap-up 1995 February 10

SENATE INFORMATIONOFFICE * 201 Legislative Offlce Bldg., Atlanta, GA 30334 404656-0028 11-800-282-5803

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February 10, 1995
HIGHLIGHTS OF MAJOR SENATE ACTION
For the Week of February 6,1995 (Week #4)

Despite the groundhog's rosy predictions, winter rehsed to budge this week, holding Georgia in its figid grip with snow flumes, sub-freezing temperatures and icy pavements. Traffic ground to a halt and schools closed, but the General Assembly was undeterred and the Senate put in an exceptionally productive week.
Passage of the $440million supplementalbudget for the current fiscal year topped the agenda. Priorities in the amended spending plan are flood relief, education, settlement of several lawsuits, and prison construction. The measure was returned to the House of Representatives setting the stage
for a conference committeeto work out a final compromise, although differences between the Senate
and House versions are minor. Legislation advocated by both Governor Zell Miller and Lieutenant Governor Pierre
Howard, which targets "deadbeat dads and moms," won Senate approval. Senate Bill 227 would deny state-issued occupational licenses to parents who are more than 60 days behind in their court ordered child support.
The Senate moved to crack down on insurance fraud with the passage of legislation to establish a Special Insurance Fraud Fund. Senate Bill 208 would clear the way for the hiring of special prosecutors to target people who swindle insurance companies and, ultimately, consumers.
The old adage says crime doesn't pay, but criminalswill if Senate Bill 114 becomes law. The measure, a part of the Lieutenant Governor's legislative package, would impose an additional fivepercent surcharge on criminal fines, with the proceeds going to victims' assistance programs.
The Senatepassed a bid to raise the age of consent in statutory rape cases from 14 to 16. The legislation would also give prosecutors discretion to decide if misdemeanor charges should be filed in cases where there is less than three years difference in age between two consenting youngsters. The Senate also approved legislation which would make it possible to charge battling parents with contributingto the delinquency of a minor if they have a physical confrontation in front of a child.
Legislation to create an Educators Technology Training Commission cleared the Senate. The measure is designed to provide training for teachers throughout the state on computer equipment being installed in schools with lottery revenues.
In an effort to bring state law into line with modern technology, the Senate gave the green light to a bill which would make it a crime to publish or broadcast information that is illegally intercepted from a cellular telephone.
Senators also said yes to a controversial measure that has been drawing a great deal of attention, which would designate English as the state's official language.
The Senatetook a time out Thursday to honor former Senator John Parrish of Decatur who passed away earlier this week. Parrish served in the Senate during the 1993-94 term.
The 1995 legislative session has now reached the halhay point and the pace of activity in committees and on the floor will quicken. In accordance with Senate procedures, the Rules Committee began setting the daily calendar on Friday in an effort to effectively control the heavy flow of bills and resolutions. As of Monday, 20 days will remain in the session.

the Floor

- LOOKING BACK On Friday, the
Senate passed a comprehensive anti-DUI bill. Senate Bill 79, sponsored by Senators Mark Taylor, Robert Brown and Guy Middleton, would eliminate the "nolo contendere" plea, set a zero-tolerance level for underage drivers, impose mandatory jail time for drunk drivers, allow for the confiscation of habitual offenders' licenses tags and impose a curfew on teen drivers.

The Senate also gave the green light to legislation by Senators Ralph David Abernathy, LU, D i n e Harvey Johnson and David Scott, which would make it easier for minority-owned businesses to get state contractsby increasing bid opportunitiesfor them.
Wdemental Budget Approved
The Senatehas given its approval to the $440 million supplemental appropriationsbill for the current fiscal year. The amended budget includes $70 million for relief efforts for areas of central and southwest Georgia hit by last summer's devastating floods.
The budget also includes: $20 million to settle three lawsuits; $72 million for the mid-year adjustment for increased school enrollment; and $61 million for other educational needs. There is also funding for 1700 new juvenile detention beds and 1600 new adult beds in Georgia's prisons.
Senate and House confkrees will now work to reach a final agreement on the budget and send it to the Governor for his signature. The Senate version of the spending plan differs only slightly fiom the Governor's recommendations and fiom the version adopted by the House earlier this session. House Bill 201 was steered through the Senate by Senator George Hooks. It passed 52-4.
- Endish Official Language
A bill that has spawned more vigorous debate and discussion than just about any other measure this year won Senate approval. Senate Bill 49 would designate English as Georgia's official language. In establishingEnglish as the official language, the measure would exempt government agencies from having to print public documents and records or conduct meetings in multiple languages. State and local governing bodies or agencies would, however, retain the discretion to do so if they wished.
Critics warned that the measure sends a negative message to newcomers and visitors fiom other countries and that it could hurt business. Supporters, however, said it would prevent costly dupiication of official records and documents in a variety of languages and there is strong public support for the measure. Sponsored by Senators Mike Crotts, Steve Langford and Ed Gochenour, the bill passed 43-9.
Child Support Enforcement
Legislation aimed at getting tough with "deadbeat moms and dads" who do not pay child support passed the Senate without a dissenting vote. The legislation would deny state occupational licenses to parents who are more than 60 days delinque-nt in their court-ordered child support payments.
State-issued licenses or permits are required for more than 110 professions and trades h c k h g doctors, dentists, engineers, accountants, barbers, funeral directors and used car dealers. Over 400,000 Georgians currently hold these licenses.
The sanctions would apply to delinquent parents who apply for a new license or attempt to renew an existing one.
Advocated by Gov. Miller and Lt. Governor Howard, Senate Bill 227 was sponsored by Senators Mary Margaret Oliver, Mark Taylor and Robert Brown.

Surcharge on Fines
The old adage says crime doesn't pay, but it will if Senate Bill 114 is signed into law. The measure would impose a five percent surcharge on criminal fines handed down by a Superior Court or State Court. The proceeds would go toward fbnding victims' assistance programs. A part of the Lt. Governor's legislative agenda, the measure was sponsored by SenatorsJack Hill, Rene Kemp and Nadine Thomas. It passed unanimously.
Eavesdrovvina & Wiretapping
The Senate has said yes to a bill which would make it illegal to publish or broadcast information that is illegally intercepted from a cellular phone. Eavesdropping on a phone conversationis already illegal, but Senate Bill 131 is designed to update the law and bring it into line with modern technology and the increased popularity of car phones and portable cellular phones. Sponsors are Senators Charles Walker, Connie Stokes and Nadine Thomas.
Statuatory Rave
After considerable debate, the Senate approved a bill which would make some changes in state law dealing with statuatory rape.
Senate Bill 140 would raise the age of consent in statuatory rape cases from 14 to 16. The bid would preclude automatic prosecution if there is less than three years difference in the age of two consenting parties. Misdemeanor charges could, however, be filed at a prosecutor's or judge's discretion. Sponsored by Senators Steve Langford, Eddie Madden and Sonny Perdue, the bill passed 52-0.
Delinquency of a Minor
Feuding parents who do battle in front of a child could face criminal charges if Senate Bill 159becomes law. The bill targets domestic violence and would allow authorities to charge a parent who commits an act of violence in the presence of a child with contributing to the delinquency of a minor. Sponsors are Senators Chuck Clay, Joe Burton and Ed Boshears. The bill passed 52-0.
Family Violence
Another bill targeting family violence would reduce from $65 to $20 the fee charged for filing legal documents in connection with domestic violence incidents. The measure is designed to make it less costly and, therefore, easier to file the necessary legal documents. Sponsored by Senators Walter Ray, Steve Thompson and Robert Brown, Senate Bill 1 17 passed unanimously.
Yet another family violence measure is Senate Bill 120. he bill would require judges to consider a history of family violence in deciding child custody or parental visitation issues. Sponsored by SenatorsRichard Marable, David Scott and Mary Margaret Oliver, the bill passed 52-0.
Insurance Fraud
The Senate voted to crack down on insurance fiaud with the passage of Senate Bill 208. The measure would establish an Insurance Fraud Fund to cover the cost of hiring special prosecutors to investigate and prosecute insurance fraud. The hnd would be supported by assessments levied against insurance companies that operate in the state.
The measure targets people who swindle insurance companies and, ultimately, consumers. Its goal is to lower insurance rates. Sponsored by Senators Arthur (Skin) Edge, Walter Ray and Johnny Isakson, the measure passed without a dissenting vote.

Com~utetrrain in^ for Teachers
The Senate gave a thumbs-up to legislation which would create an Educators Technology Training Commission. The commission would undertake an extensive study to determine the state's needs in terms of computer training for educators and develop a comprehensive plan for that training.
The legislation would ultimately clear the way for the use of lottery funds to train educators in the use of the computer equipment being purchased with lottery funds, in an effort to maximize its use as a teaching resource. Sponsored by Senators Paul Broun, Sonny Perdue and Eric Johnson, Senate Resolution 122 passed 52-0.
School Behind Bars
Juveniles behind bars will still have to hit the books if Senate Bill 228 becomes law. The measure would establish a special school district for school-age youths who are serving time. The Commissioner of Corrections would serve as the superintendent. The Board of Corrections would be the de facto board of education. The legislation is designed to ensure that young offenders learn something while they are locked up. SB 228 was sponsored by Senators Nathan Dean, Walter Ray and Jack Hill. The measure passed 49-4.
Bail Restrictions
The Senate continued its crack down on crime this week with passage of a bill that would make it move difficult for defendants with a previous felony conviction to post bond.
SenateBill 81is an extension of last year's "two strikes" law that sets life sentences for people
convicted of serious, violent felonies. The bill would clear the way for judges to deny bond for a suspect who has a previous violent felony conviction. Proposed by the Governor, the bill was sponsored by SenatorsMark Taylor, Robert Brown and Guy Middleton and passed 53-0.
Child's Testimony
The Senate approved a bill that would allow children under the age of 14 to testifjl in trials involving sexual or physical abuse even if they are not the victim. Senate Bill 124 is designed to aid the prosecution of adults who abuse children by giving juries more information and evidence about the case.
The legislation stemmed fiom a death penalty case in which the Georgia Supreme Court threw out the conviction because the district attorney relied on testimony from a minor child who witnessed the abuse of his brother who was subsequently murdered. The bill was sponsored by Senators Steve Farrow, Perry McGuire and Clay Land. It passed 53-0.
1996 Elections
Check your calendar before you head to the polls next year. The Senate has passed a measure which would move the primary election date up to the first Tuesday in June. The change is needed to avoid conflict with the 1996 Olympics. Senate Bill 192 was sponsored by Senators Nadine Thomas and Donzella James and passed 50-2.
Jail Fees
A jail term could prove to be costly -- in terms of dollars and cents. Senate Bill 222 would
allow local authorities to collect per diem expenses from jail inmates for the cost of keeping them locked up. Sponsored by Senators Eddie Madden, Guy Middleton and Steve Langford, the bill passed 53-0.

Student Assessment
The Senate gave the go-ahead to an important education improvement bill which would require the state Board of Education to adopt a student assessment program based on nationally norm-referenced standards in Reading and Math. Sponsored by Senators Sallie Newbill, Chuck Clay and Perry McGuire, Senate Bill 1 1 passed 52-0.
Genetic Testing Confidential
The results of genetic testing would be confidential under Senate Bill 233. The measure is designed to prevent insurance companies fiom obtaining test results and using them as a basis to deny coverage. Sponsored by Senators Charles Walker, Walter Ray and Perry McGuire, the measure passed 46-7.
Regional Facilities
The Senate has given the go-ahead to a measure which would encourage city and county officials to work together in the construction of public or private "regional" facilities. The goal is to encourage development that would have a positive impact on area's economy, particularly in rural Georgia. Senate Bill 126 is sponsored by Senators Jack Hill, Rooney Bowen and Sonny Perdue. It passed 52-0.
Contact Lenses
An important consumer bill passed this week would make it easier for contact lens wearers to refill their prescriptions. Senate Bill 125 would clear the way for patients to receive, at no charge, a written prescription for replacement contacts after their follow-up care is completed. The prescription would be valid for one year. Sponsored by Senator Arthur (Skin) Edge, the measure passed 5 1-0.
Indian Housing Authorities
In response to a critical housing shortage for American Indians living in Georgia, the Senate passed Senate Bill 123 which would allow the creation ofNative American Housing Authorities. The housing authorities would channel federal money for the construction of new homes and the renovation of existing structures.
While the state would establish the housing authorities, they would be managed by members of the respectivetribes. Sponsored by Senators Harold Ragan and Loyce Turner, the bill passed 37-16.

Committee Action

Legislation moved swiftly through committees this week and on to the Senate floor. Nearly two dozen committee meetings were held this week to consider a number of critical issues. Among the bills and resolutions considered were measures dealing with "Learnfiare," child abuse, smoking, frivolous lawsuits, and rape.

The Health and Human Services Committee has recommended approval of major "learnfare" legislation. Senate Bill 298 would require children between the ages of 7- 16, whose families receive welfare, to attend school. If a child did not attend class for the minimum number of days required for eligibility, the family would lose its benefits.
SB 298 is the product of a major bi-partisan effort advocated by Lt. Governor Howard and whose sponsors include Senators Sallie Newbill and Charles Walker
The Senate Health and Human Services Committee moved quickly this week to close a loophole in the law that came as a surprise to many. Senate Bill 130 would make it illegal to sell a
W The legislation stemmed fiom an incident in which a mother attempted to sell her baby for drugs. She escaped prosecution, however, and the child was returned because there was no law against what she did. SB 130 is sponsored by Senators Rene Kemp, George Hooks and Mark Taylor.
Phonv Id's
The Senate Special Judiciary Committee gave the green light to Senate Bill 198 which calls for the prosecution of a person who possesses a false identification card with the intent to defiaud or deceive. SB 198, sponsored by Senator Steve Farrow of Dalton, is meant to stop illegal aliens from getting jobs and government programs as well as deter underage drinkers from purchasing alcoholic beverages.
The Special Judiciary panel also recommended passage of Senate Bill 210 which would make it illegal for a defendant to use marital status as a defense against rape charges. SB 210 is sponsored by Senators Eric Johnson, Mike Egan and Diane Hawey Johnson.
Frivolous Lawsuits
The Judiciary Committeegave a do-pass recommendation to a bill designed to curb what are often abusive lawsuits against citizens who participate publicly in controversial political issues such as rezoning disputes. Senate Bill 1 is sponsored by Senators Mary Margaret Oliver, Steve Farrow and Jim Tysinger.
Smoking
The Judiciary Committee heard 6om a number of speakers this week, including former Health and Human Service Secretary Louis Sullivan, dealing with a smoking-related bill introduced by Senators Steve Henson, Robert Brown and Don Balfour. Senate Bill 236 would call for a statewide ban on smoking in public buildings and would prohibit cities and counties fiom imposing their own restrictions. The measure has generated considerable debate and will be held in the Judiciary Committee for hrther study.
ATM Bank Machine
The EconomicDevelopment, Tourism and Cultural Mairs Committee has recommended
passage of HI3 147 which would clear the way for the installation of automatic ATM teller machines in the state's welcome centers. Sponsors say the move would aid tourism and help raise revenues for the Department of Industry and Trade.

the
Hopper

The number of bills and resolutions introduced has slacked off somewhat as the session reaches its midway-pvint. Most of the emphasis now shifts toward committee action and floor debate, but legislation does continue to be dropped in the hopper. So far this session more than 500 bills and resolutions have been sponsored by Georgia's Senators.

Prison Time
Convicts sent to prison for their second felony offense would have to serve their time in prison under Senate Bill 285. The measure would prevent second-time offenders fiom being assigned to boot camps or other alternate facilities. Sponsors are Senators Hugh Gillis, Johnny Isakson and Ed Harbison.
Commercial Drivers' License
A bi to strengthen enforcement of violations by holders of commercial drivers' licenses has
been dropped in the hopper. Senate Bill 288 is sponsored, by Senators Jake Pollard, Rooney Bowen and Bob Guhl..

Legislation to protect the jobs of members of the armed services has been introduced. Senate Bill 299 is designed to ensure that a person who leaves his or her job for a military service assignment would be eligible for rehiring. Senate Bill 299 is sponsored by Senators Ed Harbison, Pam Glanton and Jack Hill.

Around
Capitol Hill

As in previous weeks, nearly as much activity occurred off the Senate floor as on it. A number of organizations hosted breakfasts to discuss issues over ham and eggs. The long legislative days were ended by several receptions and dinners.

Georgia Day
February 12, marks the day when General James Oglethorpe landed near present-day Savannah in 1773. The General and others started the colony 262 years ago and named it Georgia
after King George III of England. This year's Georgia Day was celebrated Wednesday at the Capitol
with a military display and a proclamation by Governor Miller.

PEACH
Lieutenant Governor Pierre Howard hosted over 100 clients and caseworkers of the Positive Employment and Community Health Program (PEACH) who were attending a conference held under the Gold Dome. People active in the PEACH program briefed Lt. Governor Howard, who was instrumental in the program's establishment several years ago. They also heard personal accounts by clients and caseworkers who gave details of PEACH success stories.
The Georgia 4-H Clubs held their 37th annual recognition luncheon this week. The event was used to praise Georgia4-Hers for their significant achievementsin 1994. Senator Sonny Perdue was recognized at the luncheon for his helping hand in a variety of projects.
Anricultural Leaders
Lawmakers and Agri-business leaders braved this week's snow and ice to attend a breakfast for agricultural leaders fiom around the state. The group was in Atlanta for the annual Georgia AgriLeaders Forum. Lieutenant Governor Howard was also in attendance.

1Sixty
Second Interview

State Senator Guy Middleton of Dahlonega has already introduced several important pieces of legislation during the 1995 General Assembly. Middleton, one of Governor Miller's floor leaders, has been influential in guiding the Governor's legislative package through the Senate. Legislation including stronger and more effective anti-DUI laws were part of the agenda.

Another important measure that could not have passed without Middleton was the boating safety bill, part of Lieutenant Governor Pierre Howard's legislative package. "We need to make people aware of the number of boating accidents we are having, to make them cognizant of safety and to understand that they have got to be more careful," commented Middleton.
Sen. Middleton is a strong supporter of the charter school programs, "We can be innovative .and turn more control over to our local school systems and I think it will enhance learning."
Middleton will be sponsoringlegislationthat dealswith littering in the state of Georgia. This measure would increase the fine for littering fiom $100 to $1000. "Even though this figure might seem stiff, I hope the public will become more aware of this growing problem in our state and will take responsibility for their actions."
Another concern is the water quality of our state. Middleton wants to create a study committee that will look for other ways to improve the quality of our drinking water. "I hope that others will become more aware of the problems of the quality of Georgia's drinking water. There are many people who are having to accept the burden of paying for reservoirs in their area in order to make the improvements. I want to remove some of this burden fiom local areas and have the state take responsibility for providing clean drinking water," commented Middleton.

Georgia Senate
Bios
Brief I

Michael J. Egan of Atlanta was first elected to the state Senate in June, 1989 in a special election and is now serving his third full term. Egan, a Republican, is chairman of the Senate Special Judiciary Committee and secretary of the Ethics Committee. He is a member of the Science, Technology and Industry Committee as well as the Natural Resources Committee and the Finance and Public Utilities Committee. In addition to his standing committee posts, he was cochairman of the Joint Study Committee of Water Resources Conservation Management.

He has also served on the Joint Senate-House Study Committee on State and Local Government Environmental Enforcement Authority and is a member of the Joint Commission on Legislative Information Management.
A political veteran, Egan served in the Georgia House of Representatives fiom 1966-77 and served as House Minority Leader from 1971-77. He resigned from the House of Representatives in 1977 when he was appointed Associate U.S. Attorney General by then-President Jimmy Carter.
After leaving the Justice Department in 1979 he returned to the private practice of law and is currently a partner in the Atlanta firm of Sutherland, Asbill & Brennan.
A Savannah native, Egan earned his BA from Yale and his law degree from Harvard. He
served as a 1st lieutenant in the U.S. Army Infantry fiom 1945-47 and again from 1950-5 1 and was
stationed in the Philippines and Korea. Egan is a member of the Georgia and Atlanta Bar Associations, the Lawyers Club of Atlanta,
the American Law Institute, the Georgia Chamber of Commerce and has been honored as the Conservation Legislator of the Year.