GEORGIA HOUSE OF REPRESENTATIVES
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Daily Report Number 38
March 31, 2004

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The 38th legislative day brought the return of a proposed amendment to the Georgia Constitution to ban same sex couples from receiving the benefits of marriage. SR 595 had been considered earlier in the session, but fell three votes shy of the 120 votes necessary to put a proposed constitutional amendment before the voters. At that time, a motion was passed to allow for reconsideration of the issue, and today brought final House consideration of the matter.

SR 595 seeks to amend the Georgia Constitution to forbid same sex marriage in this state. The resolution would insert language in the state constitution which states, “This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.” SR 595 also contains a section “b” which takes that language one step further. Language in section “b” states that no union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. It goes on to forbid Georgia from recognizing any marriage or civil union between persons of the same sex which is legal and recognized in other states. Furthermore, since Georgia could not recognize same sex unions, its courts would not have legal jurisdiction to recognize, or preside over any domestic cases which should arise from such unions.

After seeing four hours of debate on the resolution’s first hearing, lawmakers decided to limit debate during the second look, limiting both the number of speakers and the time allotted to each person who spoke. Despite the limits, today’s discussion of SR 595 still pushed two hours.

Those in favor of the amendment said that marriage is the very bedrock of our nation. They suggested that the true strength of our nation lies in the heart of the traditional family, and expressed their fears that this vital institution of marriage, as it is known today, is in danger. They also noted the thousands of same sex weddings which are being performed San Francisco, and the U.S. Supreme Court decision which threw out the sodomy law in the state of Texas, as evidence of a movement by homosexuals to circumvent the legislative process and use sympathetic judges and officials to seize the right to marry, even if it is against the will of the people. Supporters said SR 595 was an essential tool which would allow Georgia to defend the sanctity and tradition of marriage as it has been known for thousands of years, and to preserve the right of this state’s people to make laws and set standards for Georgia.

There were a number of lawmakers who were sympathetic to the idea behind SR 595, but worried that the language in section “b” could have unintended economic consequences which are harmful to this state. They submitted that the language forbidding the recognition of the benefits of marriage for same sex couples in Georgia could prevent the state’s private industries from offering domestic partner benefits to same sex couples. Members spoke of letters and calls from corporate CEOs who were worried about the proposed amendment’s effects on their ability to recruit top notch professionals who are in same sex relationships. Furthermore, they worried that an inadvertent ban on domestic partnership packages could discourage many large corporations from relocating in Georgia.

Still others pointed out that same sex marriage is already illegal in the state of Georgia. While they wholeheartedly agreed with the traditional value of marriage as being between a man and a woman, they balked at adding the language to the state constitution. They contended that the United States of America is the most free nation on earth because in this country a constitution is a document which guarantees rights and grants freedoms instead of restricting them.

Finally, there were those who were opposed outright to the idea behind SR 595. They came to the well to express their unwillingness to vote for any legislation which overtly discriminates against any group of citizens within this state. They likened SR 595 to the Jim Crow laws of the Old South, and passionately declared their opposition to any bill which would relegate a segment of Georgia’s population to second class citizenship.

A two-thirds majority of members, however, felt the ban was necessary to allow Georgians to express their support for the institution of marriage as it is now known, and has been known throughout history. Therefore, SR 595 passed by a vote of 122-52. Should the resolution escape being struck down by a federal judge on U.S. Constitutional grounds, it will be placed on the November election ballot where it would require a majority of public votes in the November election to become part of Georgia’s Constitution.

With all the media hype and hoopla focusing on divisive matters, it’s easy to forget that House lawmakers agree on the majority of topics. One issue, above all, garners across-the-board lawmaker support regardless of gender, race, or party affiliation. That issue is the protection of Georgia’s children, and the 38th legislative day brought a trio of child protection measures which overwhelmingly passed the Georgia House.

SB 400 was the first child protection measure on today’s calendar. The legislation provides protection for radio and television broadcasting stations in Georgia that participate in the state’s Levi’s Call: Amber Alert Program. The Levi’s Call program, or Amber Alert as it is called in Georgia, is a system by which law enforcement agencies can quickly distribute a bulletin requesting citizen help to find missing children or those suspected of abducting them. Under the program, the Georgia Emergency Management Agency, upon confirmation of a missing child by the Georgia Bureau of Investigation, would send a bulletin to all television and radio stations operating in Georgia asking those broadcasters disseminate the information to viewers and enlist their help in searching for the missing child. The bulletins could include information such as photographs and/or descriptions of the missing child, or suspected abductor, as well as other information such as automobile descriptions and license plates.

Unfortunately, some broadcast stations have expressed a reluctance to pass along the information for fear of becoming liable in civil cases where incorrect information is passed, or false arrest or harassment occurs against innocent persons who happen to fit a provided description. Hoping to remedy this situation and maximize broadcaster participation, SB 400 would shield participating broadcast companies from civil liability as long as they follow the GEMA bulletin during the requested alert time-frame.

Supporters of the legislation noted that time is the utmost factor in determining whether a missing child will be found. A faster response time, they contended, means an increased chance that the child will be returned safely to its parent or guardian, and more participating stations mean a faster, farther reach. They concluded that a fast and effective Amber Alert system demands the passage of SB 400. House members agreed, voting 169-0 to pass the measure and send it to the Governor’s desk to be signed into law.

The second piece of child protection legislation was SB 469, which is designed to separate Georgia’s children from those who would prey upon them. The House version of SB 469 would allow judges to mandate that convicted child molesters wear an electronic tracking device as a condition of their probation. This tracking device could then be used to ensure the probationer does not violate a list of restrictions the judge is also allowed to impose. Among these restrictions are any type of contact with the probationer’s victim, or any areas the victim frequents. Judges could also use the tracking device to ensure the child molester does not go near any schools, child care centers, or areas where minors congregate.

Hoping to spare Georgia’s children from the horrors of sexual victimization, lawmakers voted 168-0 in favor of SB 469. It now returns to the Senate for further consideration.

The third item in today’s child protection theme came as something of a surprise to a number of legislators. SB 281 seeks to make it a felony for an adult, either alone or conspiring with another person, to sell or offer to sell a child in Georgia. This shocked many members, who felt such a despicable act must already be addressed in state law. However, the item’s sponsors explained that cases had arisen where parents had offered their children for sale in exchange for drug money, but prosecutors were unable to charge the parents. Realizing this, lawmakers voted 171-0 to pass SB 281.

The 38th day also brought yet another aspect of the Governor’s proposed changes to Georgia’s education system.

According to recent data, substandard student attendance was the number one reason among Georgia school systems for failing to attain adequate progress standards under the President’s No Child Left Behind Law. SB 428, which passed by a vote of 171-2, would address the problem of student truancy. The legislation would require the chief judge of each county’s superior court to establish a student attendance protocol committee. The committee would be made up of representatives from a number of state and local agencies such as sheriffs, district attorneys, juvenile court judges, school superintendents, police chiefs, and school social workers. This steering committee would be tasked with ensuring cooperation and coordination between officials and agencies to combat truancy, and to maximize the number of students who are present to take tests which are required under the state and federal law. Furthermore, the committee will work with the Department of Education and local school board to adopt a written student attendance protocol for its county school systems. This protocol must provide detailed procedures that can be used to identify, report, investigate, and prosecute truancy cases. This plan must then be distributed to all school administrators, teachers, students, and parents. Finally the attendance protocol committee would be responsible for monitoring, and evaluating compliance with the adopted guidelines.

SB 428 also sets about some guidelines for how to address students who skip school, and the parents who allow it to happen. The plan establishes a minimum fine of $25, and would allow a judge to assign community service to parents who allow their child to skip school. This is on top of existing law, which allows for a maximum fine of $100, and up to 30 days of jail time. To ensure parent’s and students understand the gravity of the state’s truancy laws, the House version of SB 428 also mandates that every school system provide parents and students with the new state and local attendance policies. Furthermore, each system will require signatures to verify understanding and compliance from all parents and any student who is ten years of age or older. Next, the measure requires local systems to make a good faith attempt to notify the parent or guardian when the student has amassed at least five unexcused absences.

The third aspect of SB 428 dealing with school attendance incorporates language passed in a previous House bill designed to allow each school to hire or designate a truancy officer. As with the earlier House legislation, the bill would allow truancy officers the ability to assume temporary custody of a child who has skipped school for the purpose of delivering the child back to school, or to his or her parent or guardian.

The other major focus of SB 428 is in the area of school discipline. First, the proposal requires school superintendents and principals to fully support the authority of every teacher to remove a disruptive or unruly student from his or her classroom. Second, it requires Georgia’s many private schools to send all discipline records of students which are transferring into the state’s public schools upon request of the new school. Third, SB 428 adds to Georgia law establishing standards for school codes of conduct. The new language would require conduct codes to address situations such as threats against school employees, the use of vulgar or profane language toward students or school employees, truancy, destruction of school property, and possession of alcohol, weapons, or illegal drugs. Fourth, the legislation establishes an appeals protocol so that students being disciplined under the new code receive a timely, and fair hearing to ensure the punishment is just. Finally, SB 428 would allow for the suspension of a student’s driver’s license for at least 90 days if he or she has missed more than ten consecutive days of school without an excuse, or has been suspended for: striking, threatening, or hurting a school employee, possession or sale of drugs or alcohol, possession or use of a weapon on school property, inappropriate sexual conduct, or causing substantial physical harm to another student.

Because the session’s final days are drawing near, House members took advantage of SB 428 to include language from other House bills which have previously passed the House, but have been held up in the Senate. One such amendment added the language of HB 1125, which requires school systems to establish guidelines and training requirements to stop bullying in Georgia’s schools. Another amendment would forbid local school systems from stripping their teachers of state funded pay raises by decreasing the local stipend by the same amount of money.

Finally, members voted 165-0 in favor of SB 436 which creates an Agricultural Water Conservation Incentive Program in Georgia. The program would provide technical aid and assist farmers with water quality and conservation practices such as installing and using filter strips, field runoff barriers, terraces, alternate irrigation systems, animal waste systems and other techniques that promote water conservation and quality throughout the state. The program could also provide financial incentive in the form of matching funds, should state or federal funds become available, to help farmers offset the cost of implementing conservation practices.

Among the other items receiving passage on the House floor today are:

• HR 1370 (157-4)- creates a House study committee to investigate the harmful effects, and methods for the cleanup of residual chemical byproducts resulting from the production of Methamphetamines.
  
• HR 1459 (158-3)- creates a House study committee to study agricultural research, extension, and teaching programs.
  
• HR 1474 (166-1)- creates a House study committee to study the state's trauma network, and to investigate appropriate sources of funding to support Georgia's trauma center hospitals.
  
• HR 1579 (162-4)- creates a House study committee on solid waste management in Georgia.
  
• HR 1679 (164-3)- creates a House study committee to investigate truck and highway safety.
  
• HR 1684 (163-1)- urges Congress to adopt a national domestic energy policy which helps to relieve this country's dependence on foreign energy fuels.
  
• SB 179 (170-0)- would allow for the electronic transmission of prescriptions directly from the doctor to the patient's pharmacy of choice.
  
• SB 423 (127-30)- would revise legislation governing the Stone Mountain Memorial Association to add two members and to require that at least one member be a qualified botanist. The House added an amendment which would require that one be a member of the Sons of Confederate Veterans.
  
• SB 444 (164-0)- seeks to allow counties to participate in more than one development authority.
  
• SB 453 (168-0)- would require county tax assessors to send renewal notices for personal property inventory exemptions prior to January 15 of each year. House added language from previously passed House legislation which seeks to create an ad valorem tax assessment statute of limitations.
  
• SB 491 (165-0)- seeks to make it illegal for any person to coerce, threaten, or induce another person to declare themselves as an independent contractor to avoid tax payments. This bill is the Senate version of HB 1444 which passed earlier this year.
  
• SB 550 (166-4)- would correct Georgia code dealing with building standards, and brings state standards in line with International Building Code Council standards.
  
• SB 568 (160-4)- seeks to establish state regulation and oversight of the transportation and disposal of commercial waste such as grease from restaurant grease traps, or motor oil from separation units, or sand traps.
  
• SB 608 (166-0)- seeks to allow Georgia's Insurance Commissioner to recognize certain national accreditation standards for Health Maintenance Organizations, and to permit HMOs which are nationally certified to operate within this state.
  
• SR 580 (157-3)- seeks to amend the state constitution to allow counties to hold a Special Purpose Local Option Sales Tax referendum without a concurrent resolution from a small independent school residing within the county if the independent school’s enrollment comprises less than 25 percent of the total county school enrollment.
  
• SR 589 (167-0)- conveys certain state owned property in Butts county for local government use.
  
• SR 704 (165-3)- allows local authorities in certain counties to lease state owned property upon approval of the State Properties Commission for development purposes.
  
• SR 787 (169-0)- would name the bridge over Talona Creek on State Route 515 in Pickens County after former Department of Transportation engineer Michael Mundy.

Georgia House of Representatives
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