SENATE INFORMATIONOFFICE 201 Legislative Offlce Bldg., Atlanta, GA 30334 404656-0028 / 1-800-282-5803
February 17, 1995
HIGHLIGHTS OF MAJOR SENATE ACTION
For the Week of February 13, 1995 (Week #5)
The Senate shifted into high gear this week as the second half of the 1995 General Assembly began. The pace of activity has stepped up considerably in committees and on the Senate floor. And the Rules Committee is now setting the Senate calendar in an effort to effectively control the heavy flow of bills and resolutions.
The fifth week of the session was highlighted by legislation dealing with crime, education and the environment.
Senators gave the go-ahead to a bill which would allow crime victims or their families to be present in the courtroom during the defendant's trial. Under current law, defense attorneys have the authority to exclude victims and their families.
The seemingly endless appeals in death penalty cases could become history with the passage of another anti-crime bill. The measure, advocated by both Governor %ell niller apd Lieutenant Governor Pierre Howard, would shorten the period for filing appeals to six months.
Convicted sex offenders were also targeted by the Senate this week with legislation that would require them to register with.the Georgia Bureau of Investigation when they move into Georgia or change addresses within the state.
Legislators were surprised to learn that it is not a crime to sell a baby in Georgia, but that troubling oversight was remedied in the Senate this week with a bill to make it a felony.
A "Learnfare" bill cleared the Senate this week. The measure, which was the product of an intense bi-partisan effort, would require children whose families are on welfare to attend school. Otherwise, the family would lose their welfare benefits. The legislation is aimed at reducing the school dropout rate and breaking the so-called welfare cycle.
Senators debated at length and then passed a bill which would limit the number of landfills in a specific geographic area. The Senate also passed bills to make environmental audits confidential and to extend the duration of water withdrawal permits issued by the state.
The Senate set its sights on gun safety and adopted a resolution calling on Georgia's public schools to implement an award-winning gun safety education program. The goal is to prevent accidental gun-related deaths and injuries to children.
In other action, the Senate voted to make it easier for land bank authorities to buy houses auctioned for delinquent taxes in an effort to increase the housing supply. Senators also agreed to create a special study committee on local education finance.

LOOKING BACK -- Last ~ r i d a y,
the Senate passed legislation which would clear the way for more competition in local telephone service in an effort to reduce prices. Senate Bill 137 was sponsored by Senators sonny Perdue, Jim Tysinger and Mary Margaret Oliver. Senators also gave the go-ahead to two comprehensive victims' rights bills by Senators Eric Johnson, Mike Egan and Diana Harvey Johnson.
Senate Bill 209 would require authorities to notify victims of domestic violence when their alleged abusers are released on bond. Senate Bill 210 would remove marital status as a defense in rape cases and require law enforcement agencies to pay for the cost of a medical exam following a rape report. Senators also gave the go-ahead to Senate Bill 1, which would curb what are often abusive lawsuits filed against citizens who participate in controversial issues such as re-zonings. Sponsors are Senators Mary Margaret Obiver, Steve Farrow and Jim Tysinger.
Death Penalty Atmeals
Convicted killers often remain on death row for more than a decade while their lawyers file endless appeals. This situation, which has rankled police, prosecutors, lawmakers and victims' families could come to an end with the passage of Senate Bill 113. The bill would drastically shorten the appeals process.
The measure would require that some grounds for a "habeas corpus1@ appeal be incorporated into the unified appeal. More importantly, it would set a time limit'for death penalty appeals and require that an evidentiary hearing, if necessary, be held within 180 days of the filing of an appeal.
Supporters say the legislation is needed to ensure that the death penalty is carried out in a timely manner and remains an effective deterrent to violent crime.
The bill is advocated by Gov. Miller and Lt. Governor Howard and was sponsored by Senators Sonny Perdue, George Hooks and Walter Ray. It passed 45-5.
Crime Victims in the Courtroom
The Senate has passed legislation which would allow crime victims and their immediate families to be present in the courtroom dusing the defendant's trial.
Senate Bill 110 would give the trial judge discretion in determining whether or not the victim's presence would be prejudicial to a fair trial. Under current law, defense attorneys have the right to exclude victims or their families from the courtroom.
Sponsors say the measure is designed to insure fairness in the judicial process. A part of Lt. Governor Howard's legislative package, the hill was introduced by Senators Eddie Madden, Paul Broun and Walter Ray. It passed unanimously.
Sex Offenders
Convicted sex offenders will be more closely monitored if Senate Bill 53 becomes law. The measure would require convicted predatory sex offenders who move into Georgia to register with the Georgia Bureau of Investigation (GBI). It would also require sex offenders to notify the GBI when they change addresses.

The legislation parallels federal law which requires states to adopt measures of this type or face the loss of federal crimefighting funds. Georgia currently has a tracking system, but it only applies to offenders convicted in the state.
Sex offenders who stay out of trouble would have the opportunity to be dropped from the GBIfs tracking list after a period of time. Under this provision, they could register with a Sex Offender Registration Board which would determine if they have been rehabilitated and no longer pose a threat to the community.
Supporters say the legislation would be a deterrent to sex offenders because they know they are being watched. SB 53 was sponsored by Senator Ed Boshears and passed unanimously.
Babv Sales
People who barter babies for drugs would face long prison terms under Senate Bill 130. The bill would outlaw the sale of children which, to the surprise of many, is not currently against the law.
The legislation stems from an incident in which a child was sold in exchange for drugs. Prosecutors had no law under which to file ,charges; and the child was subsequently returned to the mothef-. SB 130, which passed 54-0, was sponsored by Senators Rene Kemp, George Hooks and Mark Taylor.
Learnf are
A potentially far-reaching "Learnfarell measure won Senate approval. The bill would require children between the ages of 716, whose parents are on welfare, to attend school or face the loss of their AFDC (Aid-to-Families-With-Dependent-Children) benefits.
Dubbed the "Parents Responsibility Act," sponsors say the bill is not intended to penalize families on welfare, but to offer an incentive to parents to make sure their children attend school. Supporters say the goal is to reduce the state's high dropout rate and break the welfare cycle.
Senate Bill 298, which passed 49-5, is the product of a major bi-partisan effort. It is a part of Lt. Governor Howard's legislative agenda and was sponsored by Senators Sallie Newbill, Charles Walker and Perry NcGuire.
School Fundins Studv
The Senate has given the nod to the creation of a Senate Study Committee on Local Education Finance. Creation of the five-member panel stems from concern over the increasing burden on property owners to foot the bill for public schools. Under current law, the property tax is the only source of revenue for education, and the committee is expected to consider alternatives. Sponsored by Senators Guy Middleton, Sonny, Perdue and Jack Hill, Senate Resolution 202 passed unanimously.
Paperwork Reduction
The Senate voted to eliminate some of the administrative burdens on local schools with the passage of Senate Bill 9. Under the measure, schools which are accredited by the Southern Association of Colleges and Schools or an accrediting agency approved by the Georgia Board of Education would be exempt from comprehensive evaluations. Sponsored by Senators Sallie Newbill, Chuck Clay and Perry McGuire, SB 9 passed unanimously.
State Grants for Schools
The Senate gave its approval to a bill which would clear the way for state grants for after school programs to help at-risk young people get their high school diplomas. The legislatioq targets teenagers who have dropped or failed out of school. Senate Bill 64 was sponsored by Senators Guy Middleton, Eddie Madden and David Ralston. It passed 52-0.

U n d f ill Limits
~cknowledgingthat solid waste disposal is a major concern,
&h& Senate passed legislation which would limit the number of
landfills that can be located in a specific geographic area. Senate Bill 32 would allow no more than five landfills to be
located within any four-mile radius. The legislation stems from a lengthy battle over a proposal to
expand a landfill in southeast Atlanta. The zoning application was rejected by city officials who also recommended that the location of landfills be addressed through state law rather than local land use ordinances.
Sponsors say the legislation would protect neighborhoods anti the environment. sponsored by Senators David Scott, Walter Ray and Hugh Gillis, the measure passed 33-15 after considerable debate,
Water Resources
As ~ e o r g i agrows, so does the demand for water. In an effort to meet those requirements, the Senate passed legislation to update
the law on water withdrawal permits. Senate ill 202 would
increase from 10 to 50 years the duration of water withdrawal permits.
The licenses, issued by the Department of Natural Resources (DNR), would be contingent on an acceptable water development and conservation plan. Sponsored by Senators Hugh illi is, George Hooks and Arthur (skin) Edge, SB 202 passed 53-0.
Environmental Protection
The Senate approved environmental protection legislation intended to encourage some industries to "clean up their act."
Under Senate Bill 244, any environmental audits dealing with pollution prevention or environmental waste reduction would be held confidential. Sponsored by Senators Steve Henson, Sonny Perdue and Hugh Gillis, the bill passed 53-1.
Gun Safetv Education
The Senate wants to emphasize the importance of gun safety education and, to that end, passed Senate Resolution 88. The legislation encourages school systems to adopt the Eddie Eagle
. Elementary Gun Safety Education Program of the National Rifle
Association (NRA) The program's objective is to prevent accidental gun-related injuries and deaths to children. SR 88, which passed 45-6, was introduced by Senators Richard Masable, Nathan Dean and Walter Ray.
Election Laws
~rite-incandidates would have to give longer notice of their intentions if Senate Bill 148 becomes law. Under current law, write-in candidates have to give 20 days notice, but under SB 148, a write-in candidate would have to file a notice of intention no later than the Tuesday after thb first Monday in September. Sponsored by Senators Floyd Griffin, David Scott and Diane Harvey Johnson, SB 148 passed 42-11.
Affordable Housinq
In an effort to increase the supply of affordable housing and reduce the problem of homelessness, the Senate said yes to Senate Bill 89. The measure, which passed 48-0, would make it easier for land bank authorities to buy houses auctioned for delinquent taxes. Sponsors are Senators Ron Slotin, Ed Harbison and Steve Henson.

S ~ e c i a lTaqs
Georgia motorists will have wilder selection of prestige tags to choose from if Senate Bill 263 becomes law. The measure would authorize the issuance of auto tags to commemorate the 1996 Paraolympic Games. Sponsored by Senators Paul Broun, Eddie Madden and Terrell Starr, SB 263 passed 44-0.
Trauma Network
The Senate approved legislation calling on the Department of Human Resources and the ~ e o r g i aTrauma ~ d v i s o r ycouncil to work together to strengthen the state's hospital trauma network. Sponsors say more than half of Georgia's state-designated trauma centers are in the Atlanta area and rural ~ e o r g i a is badly underserved. Trauma centers are equipped and staffed to handle major medical trauma cases such as car wrecks or gunshot wounds. Senate Resolution by Senator Nadine Thomas, passed unanimously.

This was a busy week for Senate

committees. A number of major

bills and resolutions were

considered and recommended for

passage or held for further

study.

Among the issues

considered by the committees wf ere: economic development,

education, child support, public

initiative and the future of the

proposed outer perimeter highway

around Atlanta.

Enterprise Zones

The Finance and Public utilities Committee recommended passage of legislation to clear the way for the creation of enterprise zones at the local level in an effort to spur economic development. Senate Resolution 64, which is a constitutional amendment, was sponsored by Senators Steve Thompson, George Hooks and Sonny Perdue.

Litterins Fines

Littering could prove to be costly if Senate Bill 107 becomes law. The State and Local Governmental Operations Committee recommended passage of the bill which would hike fines for littering from the current range of $100-300 to $200-500. The bill is sponsored by Senators David Scott, Steve Henson and Ron Slotin.

Balanced Budset

i

The State and Local Governmental operations Committee also gave a do-pass recommendation to Senate Resolution 136. The measure calls on Congress to adopt a balanced budget amendment.
4
Child S u ~ w o r t

The Judiciary Committee recommended passage of legislation which would clear the way for county sheriffs to operate diversion centers for parents who are delinquent in their child support payments. Under Senate Bill 7, inmates would be allowed to go to work to pay off their obligations. They would also be charged for the cost of keeping them behind bars at night. Senator Bob Guhl is the sponsor.

Public Initiative
t
There is considerable interest in public initiative legislation this session including the support of Lt. Go*ernor Howard and a number of measures have been introduced to put it into effect. The resolutions are currently in the Judiciary Conmitte'e for further study. Sponsors of the measures include Senators Steve Thompson, Perry YcGuire, Steve Farrow, Johnny Isakson and Jack Hill.
Name Chancres
Some state highways could have new names in the near future. The Transportation Committee recommended passage of several measures to rename roads and highways.
One measure would rename a segment of 1-85 in Gwinnett County the Veterans Parkway. Senate Resolution 85 is sponsored by Senators Don Balfour and Clint Day.
Senate Resolution 44, by Senator Donzella James, would rename the Lakewood Freeway (Highway 166) in Southwest Atlanta the Arthur Langford, Jr. Memorial Parkway in honor of the late senator.
Quter Perimeter
Following a hearing, the Transportation Committee votedto put Senate Bill 2 in a subcommittee for further study. The measure, by Senators Ron Slotin, Mary Margaret Oliver and Arthur (Skin) Edge, Qould allow development of the northern arc of the proposed outer perimeter along Highway 20 and bar state funding for other sections.
Lock UP Firearms
The Consumer Affairs Committee decided to assign Senate Bill 269 to a subcommittee for further study. The measure, by Senator
c!H ry Margaret Oliver, would require pawnbrokers to keep firearms
1 eked in a safe or a similarly secured area when the store is closed, or be held responsible for deaths or injuries caused if they are stolen.

the
Hopper

Nearly 600 pieces of legislatioh have been introduced in the Senate so far this session. Most of the legislative activity has now shifted to the floor and $0 the committees and the number of measures introduced will slow to a trickle. Accordingly, the "In the Hopperw section of The Weekly Report will be discontinued after this week.

Family Violence
Family violence is the target of Senate Bill 347. The measure would make a personfs third conviction for simple battery stemming fqom a domestic violence incident a felony. It would be punishable by up to five years in prison. Sponsors are Senators Chuck Clay, Clay Land and Arthur (Skin) Edge.
Death Penalty
A bill to allow judges to impose the death penalty in capital cases if at least 10 jurors agree has been dropped in the hopper. Under current law, a death penalty cannot be handed down unless the jury recommends it unanimously.

7
i
- - The bill was introduced in response to a recent Cobb County
murder trial in which the defendant convicted of three murders was spared because one juror dissented. Sponsors are Senators Steve Thompson, Sonny Perdue and Walter Ray.
Car Insurance
The minimum levels of mandatory auto liability insurance would be increased under Senate Bill 334. The measure, sponsored by Senator Donzella James, would increase the mandatory coverage for the death or injury of one person from $15,000 to $25,000 and for two or more people from $30,000 to $50,000.
Child Custody
Legislation which could make some changes in the way child custody cases are decided has been dropped in the hopper. Senate Bill 348 notes that parental custody is not always in a child's best interest.
The measure would require judges to c~nsiderthe merits of other family members, such as grandparents, in deciding custody issues. Senator David Ralston is the sponsor.

Around Capitol
Hill

Floor debate dominated this week in the Senate, although there were a number of other activities of interest. Those activities included the annual Firefighters Day, a news conference to unveil downtpwn Atlanhafsproposed Olympic Park and a visit from the Speaker of the U.S. House o f Representatives, Newt Gingrich.

Firefishters
Hundreds of firefighters from across Georgia converged on the State Capitol this week to celebrate the twenty-third annual Firefighterst Recognition Day, sponsored by the ~ e o r g i aAssociation of Fire Chiefs. Several firefighters were recognized for their exceptional service apd valor. The activities included remarks by Governor Miller, Lt. Governor Howard, and Secretary of State Max Cleland.
Speaker of the House Visits
The Senate and House met in joint session Monday to hear from
U.S. House Speaker Newt Gingrich. he Speaker called for a return
of political power to the states, noting that state political leaders have a better understanding of the problems facing their own communities. Gingrich is the first U.S. Speaker in modern history to address a joint General Assembly session.
Centennial Park
Plans for downtown ~ t l a n t a ~Csentennial Olympic Park were unveiled during a Capitol news conference this week featuring Governor Miller, Lt. Governor Howard, Speaker Tom Murphy, Atlanta Mayor Bill Campbell, and ACOG President-CEO Billy Payne. The park will be located adjacent to the World Congress Center and will be completed in time for the '96 Olympics.

sixty
Second Interview

Newly-elected State Senator Connie Stokes of Decatur has a very optimistic outlook for the second half of the 1995 legislative session. She wants to continue to pass legislation which reduces crime, improves education, and protects families.

#@I want to concentrate on those bills that deal with prevention and intervention as opposed to in~arceration,c~ommented Stokes.
Education is another measure that is high on Sen. Stokesf legislative agenda.
''Teachers are expected to support and encourage our children to be all they can be,'' said Stokes. "So we need to support and encourage teachers to be all they can be."
nI feel.we .already have in place what will improve the academic levels of our student^,^^ Stokes continued. #'And we need to add incentives in order to implement the programs."
The Senate recently passed a resolution designating 1995 as the "Year of the Family." Stokes supports this measure because families are "an integral part of Georgia."
Sen. Stokes looks forward to the second half of the session. She feels "there is a spirit in the Senate that we can all make a differencew and she hopes the positive attitude will continue.

Georgia Senate -
Bios
Brief
a I

State Senator Charles Commander (Chuck) Clay of Marietta was first elected to the State Senate from the 37th District and is now serving in his fourth term. Clay, a Republican, is vice-chairman of the Banking and Financial Institutions Committee and a member of the Rules and Appropriations Committees. He also serves on the Reapportionment and Judiciary Committees and is chairman of the General Assembly's World Congress Center Overview Committee.

The Marietta lawmaker has been in the forefront of successful
efforts to strengthen Georgia's anti-DUI laws. He has also pushed for legislation to require divorcing parents to attend a special seminar aimed at easing their children's emoti~nalstress.
In addition, Clay has introduced legislation that would allow school officials access to certain juvenile records to help identify potentially dangerous students. He has sponsored measures that would protect employers in the ?rea of education, health care, and child care from lawsuits by employees.
Clay's involvement in public service follows a family tradition. He is the son of a four-star Air Force General and the grandson of the late Gen. Lucius D. Clay who engineered the Berlin Airlift. He is the great grandson of United States Senator A.S. Clay, whose porSrait hangs outside the Senate Chamber and whose statue stands in the Marietta City Square.
Sen. Clay is a Phi Beta Kappa graduate of the University of North Carolina and earned his law degree from the University of Georgia. A practicing attorney, he is a partner in the law firm of Brock 61 Clay. He is a former assistant DA for Cobb County and served on the Cobb County Commission from 1986-88.