Weekly wrap-up 1995 September 13

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September 13, 1995

FINAL SUMMARY OF LEGISLATIVE HIGHLIGHTS
1995 SPECIAL SESSION OF THE GEORGIA GENERAL ASSEMBLY

It was more than four long weeks ago when lawmakers gathered at the State Capitol, called into special session by GovernorZell Miller to redraw the boundaries of Georgia's Congressional and state legislative districts in the wake of a far-reaching decision by the U.S. Supreme Court.
The Court had ruled in Johnson v. Miller that while race can be considered in drawing the boundaries of political districts, it cannot be the predominant factor. Consequently, the Court declared unconstitutional the 11th Congressional District which runs from metro Atlanta's DeKalb County east to Augusta and south to Savannah.
The General Assembly was given the task of redrawing the Congressional map or seeing the U.S. District Court in Augusta draw new lines. On August 22, the Court set a deadline of October 15 for the General Assembly to submit a reapportionment plan, signed into law by the Governor, and approved by the U.S. Justice Department. The District Court also agreed to include southwest Georgia's 2nd Congressional District in the legal challenge.
The ensuing four-and-a-half weeks saw one of the most contentious and frustrating sessions in recent memory. By Tuesday afternoon, legislators remained at loggerheads, resigned to the fact that no consensus could be reached and that a federal court would have to decide what a constitutional map should look like.

REAPPORTIONMENT DEBATED

Reapportionment, of course, involves a number of considerations -- political and legal. Among them -- the protection of incumbents, keeping county lines and voting precincts intact,
ensuring that all districtshave equal populations to comply with the "one-person one-vote" standard, maintaining communities of interest, and observing the U.S. Voting Rights Act while not running
afoul of Johnson v. Miller in an effort to protect "majority-minority" districts.

No Congressional Plan

It became clear early, however, that drawing new Congressional boundaries would be an arduous and sometimesacrimoniousprocess when a committee substitute to a House plan squeaked through the Reapportionment Committee on a close vote of 10-7 and was defeated on the floor. A subsequent floor substitute was adopted, setting the stage for conference committee negotiations.
During the final weeks of the session, conferees, legislative leaders, and rank-and-file legislators met virtually around-the-clock and considered literally dozens of maps and amendments to maps, but were unable to reach an accord that would be acceptable to white Democrats, black Democrats and Republicans in both the Senate and House. In the waning days, two plans emerged from the conference committee and both were rejected by lopsided margins.
When the special session began, the prospect of the federal court redrawing the state's Congressional districts did not set well at all with Senators. But after four weeks of wrangling, it became all too clear that there was no resolution in sight and, after several votes, the Senate and House agreed to adjourn sine die.

In closing remarks, Lieutenant Governor Pierre Howard said Senators should not be "dispirited" by the General Assembly's inability to devise a new reapportionment plan, noting that, "the Supreme Court of the United States told us what we could not do, but they did not tell us what we should do." Howard said that the federal courts will now have the opportunity to clarify what the Supreme Court decision means.
Other legislative leaders expressed regret at having to adjourn, but acknowledged that there was no way to reach an accord and that there should be no "finger pointing," because lawmakers had done everything possible to accomplish their goal.
With the General Assembly's inability to come up with a constitutional and politically palatable plan, the responsibility of drawing a new Congressional map is now in the hands of the U.S. District Court in Augusta.
A point of interest -- the court's map will not be subject to review by the U.S. Justice
Department under the Voting Rights Act.
State Senate redistrict in^ Plan Okayed
The Senate and House agreed to a plan to redraw the boundaries of Georgia's 56 state Senate districts. Proponents of the plan pointed out that the reapportionment of state legislative districts, in addition to Congressional redistricting, is necessary to avert possible costly legal challenges based on the same arguments as Johnson v. Miller.
Debate over the plan centered on the issue of dilution of black voting strength. Critics said it would reduce the number of "majority-minority" districts, in conflict with the federal Voting Rights act. Supporters, however, noted that the three districts in question are now represented by white Senators and that no African-American Senators face the loss of their seats.
Under the plan, if approved by the Justice Department, all but 11 of the state's 56 districts would be affected to some degree. Among the various changes in the state Senate map: southwest Georgia's 8th and 1 lth Districts would be reconfigured to resemble their pre-1991 boundaries; Dougherty County would remain split between the 12th and 14th Districts, although the location of the boundary would change; Tifi County would move from the 7th to the 13th District; the 2nd District would be contained wholly within Chatham County; and the northern part of Clayton would be removed from the 10th District, which would lie exclusively in DeKalb County.
The plan passed the Senate on a vote of 49-7 and passed the House with no substantive opposition.
State House Reapportionment Gets Green L i ~ h t
The Senate and House also gave the thumbs up to a plan to redraw the boundaries of Georgia's state House districts. The measure makes changes in 69 of the 180 districts, primarily in southwest and middle Georgia and in the Augusta area. Like the Senate plan, the new House map was aimed at averting constitutional challenges based on Johnson v. Miller.
DRUNK DRIVING BILL CORRECTED
Legislation to repair a flaw in a DUI bill, passed earlier this year, cleared the special session with virtually no debate or controversy.
Under House Bill 10 EX, every drunk driving case made after April 2 1, 1995 will come under the new law. Cases lodged prior to that date will be made under the previous law. At issue was the advisory that police officers are required to read to drunk driving suspects. It was revised under legislation adopted by the 1995 General Assembly. But the Georgia Court of Appeals ruled that the way the law was written would have required the new warning to be read before the law actually went into effect.
Legislators hope that the corrective legislation, which has already been signed into law by the Governor, will prevent thousands of DUI cases made during the first four months of the year from being dismissed.

COMMITTEES KEPT BUSY
The special session also created an opportunity for standing committees and interim study committees to meet to consider pending legislation and explore other issues likely to be considered by the 1996 General Assembly when it convenes in January.
Ethics Reform
A special task force of the Senate Ethics Committee began work to consider ways to strengthen Georgia's ethics laws. The bipartisan task force was assembled at the request of Lt. Governor Howard to recommend potentially far reaching ethics revisions, including the rules governing acceptance of gifts and lobbyist-funded trips. Task force members agreed to examine current Georgia laws and Senate rules governing gifts and other disclosure requirements and will also consult U.S. Senate rules, as well as ethics laws in other states.
Health Care Issues
The Senate Health and Human Services Committee, along with an interim Senate Study Committee on Certificate of Need Health Care Facilities, held a number of hearings during the special session to prepare for the 1996 regular session. The panels examined a number of bills and issues that are either pending or likely to be introduced including measures to revise the state's Certificate of Need Law; establish a new Department of Public Health, separate fiom the Department of Human Resources; and clear up some cofision over the authority of Mental Health/Mental RetardationlsubstanceAbuse regional boards.
Video Violence
The Senate Task Force on Violence in the Media continued to explore the impact of video violence on children and teens, holding the second in a series of public hearings during the special session. The panel is attemptingto evaluate the effect of violence on TV and in the movies and to determine the General Assembly's role in addressing these issues.
Privatization
Whether some services now provided by government would be better handled by the private sector is a topic of considerable interest and debate. And a Senate Study Committee on the Privatization of Government services has begun to consider the issue. During its first meeting, the panel heard fiom several experts in the field of privatization including the head of the Governor's Commission on Privatization in Government Service.
Other Committee Activity
A number of other committees also held meetings and hearings in preparation for the '96 session. The committees and the issues they are reviewing include:
-- The State and Local Government Operations Committee on legislation that could
clear the way for the Department of Community Affairs to redraw the boundaries of the state's 17 planning agencies.
-- The Corrections, Correctional Institutions and Property Committee on substance
abuse treatment programs for inmates, which some say could help reduce the number of paroled prisoners who return to prison.

-- A subcommittee of the Corrections panel on legislation to allow selected prisoners
to work in the private sector, with a part of their earnings set aside to cover the cost of their imprisonment.
-- A subcommittee of the Transportation Committee on legislation to restrict or
regulate the cutting of trees on public right-of-way to make billboards more visible.
-- The Senate Study committee on Solid Waste Reduction on ways to reduce the
amount of solid waste that is generated around the state and aid local governments in developing solid waste reduction plans.
New Panel Formed on School Finance
A resolution to establish a Senate study committee to consider ways to strengthen the financial accountability of local school systems won Senate approval. The measure creates the Senate Study Committee on Financial Accountability and Control Among Local Boards of Education and came in the wake of a financial crisis that has left the Hancock County School System nearly $2 million in debt.
Report Cards on Lottery, Olympics
Officials of the Georgia Lottery and ACOG delivered good news to lawmakers during an otherwise troublesome session. Lottery Director Rebecca Paul told the members of Senate Economic Development, Tourism and Cultural Mairs Committee and its counterpart House panel that, in its second year, the lottery hnnelled $502 million into education for a total of $862 million in its first two years of operation.
Committee members also heard an update on progress toward the 1996 Olympics from ACOG official Lindsay Thomas. The Senate and House Appropriations Committees, meanwhile, met jointly to hear from Olympics czar Billy Payne who told them that Olympic construction is on time and within budget. He said 80 percent of the $1.6 billion needed to stage the games has already been raised from private sources as predicted.